20130807notice_of_petition_order_no_32870.pdf

Office of the Secretary
Service Date
August 7,2013
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE PETITION OF )
J.R.SIMPLOT COMPANY FOR A )CASE NO.IPC-E-13-17
DETERMINATION OF PRICE REGARDING )
THE PURCHASE AND ACQUISITION OF )NOTICE OF PETITION
CERTAIN ASSETS OWNED BY IDAHO )
POWER COMPANY.)ORDER NO.32870
_________________________________________________________________________________
)
On July 16,2013,J.R.Simplot Company filed an Application with the Commission,
pursuant to Idaho Code §6 1-328,for approval of Simplot’s purchase and acquisition of certain
assets owned by Idaho Power Company.Simplot’s Application states that Idaho Power provides
electrical service to Simplot’s potato processing facility in Caldwell,Idaho (the Plant)pursuant
to Idaho Power’s Schedule 19.Simplot seeks to purchase some of the Idaho Power-owned
facilities beyond the point of delivery.
NOTICE OF PETITION
YOU ARE HEREBY NOTIFIED that Simplot asserts that it is closing its existing
Plant and constructing a modern,state of the art potato processing facility immediately adjacent
to the existing Plant.In closing the Plant,Simplot would like to purchase some of the Idaho
Power-owned facilities.
YOU ARE FURTHER NOTIFIED that Simplot states it and Idaho Power agree that
the net book value of the facilities that Simplot wants to purchase is approximately $1 19,725.
However,the parties have been unable to agree on a purchase price.Simplot has offered to
purchase the facilities for $85,910.Idaho Power has offered to sell the facilities for $272,928.
YOU ARE FURTHER NOTIFIED that Simplot asserts,pursuant to Idaho Code §
6 1-328 and Order No.32426,a Commission proceeding is necessary before a utility can sell or
transfer ownership of any of its distribution facilities.Simplot further alleges it is the
Commission’s responsibility to determine the facility’s value and whether the transaction is in
the public interest.Filing at 2.
YOU ARE FURTHER NOTIFIED that Simplot maintains it is willing to bear the
responsibility of operating,maintaining and replacing the facilities.Simplot further asserts the
NOTICE OF PETITION
ORDER NO.32870 1
sale and purchase of the Idaho Power facilities will have “absolutely no adverse impact (either
on rates or service)on Idaho Power’s other ratepayers.”Filing at 7.
YOU ARE FURTHER NOTIFIED that,after reviewing Simplot’s filing as well as
the applicable statutes and rules,Staff recommended that the Commission construe Simplot’s
filing as a Petition and,pursuant to IPUC Rule of Procedure 57,require Idaho Power to answer
the petition within 21 days of the issuance of the Commission’s Notice of Petition.
YOU ARE FURTHER NOTIFIED that all hearings and prehearing conferences in
this matter will be held in facilities meeting the accessibility requirements of the Americans with
Disabilities Act (ADA).Persons needing the help of a sign language interpreter or other
assistance in order to participate in or to understand testimony and argument at a public hearing
may ask the Commission to provide a sign language interpreter or other assistance at the hearing.
The request for assistance must be received at least five (5)working days before the hearing by
contacting the Commission Secretary at:
IDAHO PUBLIC UTILITIES COMMISSION
P0 BOX 83720
BOISE,IDAHO 83720-0074
[phone] (Telephone)
[phone] (FAX)
E-mail:
YOU ARE FURTHER NOTIFIED that the Petition and supporting workpapers have
been filed with the Commission and are available for public inspection during regular business
hours at the Commission offices.The Petition and workpapers are also available on the
Commission’s web site at www.puc.idaho.gov.Click on the “File Room”tab at the top of the
page,scroll down to “Open Electric Cases,”and then click on the case number as shown on the
front of this document.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission’s jurisdiction under Title 61 of the Idaho Code and specifically
Idaho Code §61-328.The Commission may enter any final Order consistent with its authority
under Title 61.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission’s Rules of Procedure,IDAPA 3 1.01.01.000 etseq.
NOTICE OF PETITION
ORDER NO.32870
YOU ARE FURTHER NOTIFIED that,once the deadline for Idaho Power’s answer
has passed,Staff counsel will convene an informal prehearing conference for the purpose of
discussing a schedule to process this case,the service of discovery,and other issues raised by the
parties.
ORDER
IT IS HEREBY ORDERED that Simplot’s filing be processed as a Petition pursuant
to IPUC Rules of Procedure 53 and 57.
IT IS FURTHER ORDERED that Idaho Power file an answer to Simplot’s Petition
no later than twenty-one (21)days from the service date of this Order.
IT IS FURTHER ORDERED that,once the deadline for Idaho Power’s answer has
passed,Staff counsel convene an informal prehearing conference to discuss the processing of this
case.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this ‘7
day of August 2013.
PAUL KJELLA R,PRESIDENT
MACK A.RED’EOiD,COMMISSIONER
MARSHA H.SMITH,COMMISSIONER
ATTEST:
Jdtn D.Jewell fJ
commission Secretary
O:IPC-E-I 3-17_ks
NOTICE OF PETITION
ORDER NO.32870 3