20120817Decision Memo.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: WELDON STUTZMAN
DEPUTY ATTORNEY GENERAL

DATE: AUGUST 17, 2012

SUBJECT: IDAHO POWER COMPANY’S APPLICATION FOR AUTHORITY TO
TRANSFER TITLE TO MOBILE HOME PARK METER PEDESTALS,
CASE NO. IPC-E-12-19

On July 23, 2012, Idaho Power Company filed an Application requesting approval of
the transfer of 18 meter pedestals located in the R&V Mobile Home Park in Emmett, Idaho, to
the park owner. Prior to March 1981, the Company provided mobile home meter pedestals as
part of the facilities for electric service to most mobile homes. Since that date, mobile homes
have been served by pedestals owned and maintained by customers, which is reflected in the
Company’s current Rule H(2)(g). The Application states that these Company-owned pedestals
pre-date 1981, which makes repairs problematic because replacement parts are no longer
manufactured for these pedestals. R&V Mobile Home Park has agreed to take title to the meter
pedestals, after Idaho Power ensures all have been upgraded to 200 amps, and the agreement to
transfer title is reflected in a written agreement attached to the Application.
Idaho Code § 61-328 requires an electric utility company to obtain approval from the
Commission before it transfers ownership of any property used in the distribution or supply of
electric power. The statute requires that the Commission find, when authorizing the transaction,
that (a) the transaction is consistent with the public interest, (b) the cost of and rates for
supplying service will not be increased by reason of the transaction, and (c) the applicant
acquiring the property has the bona fide intent and financial ability to own and maintain the
property in the public service. Idaho Power’s Application states that the transaction is consistent
DECISION MEMORANDUM 2
with the public interest because it allows the Company to treat similarly situated customers in a
like manner, inasmuch as mobile homes since 1981 have customer-owned meter pedestals. The
transaction will not increase the Company’s costs, in fact, it will ultimately reduce Idaho Power’s
costs to maintain the pedestals. No money will be exchanged in the transaction and the
Company asserts the upfront costs of updating the pedestals will be more than offset by the
elimination of long-term maintenance costs. Finally, the mobile home park has significant
financial interest in maintaining and operating the property in a manner consistent with other
customer-owned pedestals and meter bases.
The record demonstrates that the transfer of these meter pedestals satisfies the
requirements of Idaho Code § 61-328. In addition, the written agreement between Idaho Power
and R&V Mobile Home Park is settlement of essentially a private matter. Pursuant to
Commission Rule of Procedure 274, the Commission may summarily accept settlement of an
essentially private matter that has no significant implications for regulatory law or policy or for
other utilities or customers. Staff believes this agreement between Idaho Power and R&V
Mobile Home Park meets the requirements of Idaho Code § 61-328 and recommends it be
summarily approved by the Commission.
COMMISSION DECISION
Should the Commission issue an Order approving the transfer of title to 18 meter
pedestals to R&V Mobile Home Park in Emmett, Idaho?

Weldon B. Stutzman
Deputy Attorney General

bls/M:IPC-E-12-19_ws