20160413order_no_33501.pdf

Office of the Secretary
Service Date
April 13,2016
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER )
COMPANY’S APPLICATION TO )CASE NO.IPC-E-15-26
APPROVE THE TRANSFER AND SALE OF )
CERTAIN ASSETS TO THE UNITED )
STATES DEPARTMENT OF JUSTICE,)ORDER NO.33501
FEDERAL BUREAU OF INVESTIGATION )
_____________________________________________________________________________________
)
Idaho Power Company filed an Application with the Commission for an Order
approving the transfer and sale of assets to the United States Department of Justice,Federal
Bureau of Investigation (FBI).under Idaho Code §61-328.The Commission approved Idaho
Power’s Application on February 24,2016,and intervenor Industrial Customers of Idaho Power
(ICIP)filed a timely Petition for Reconsideration.The Commission grants the Petition,and sets
a timeline for its Order on Reconsideration.
BACKGROUND
Idaho Power provides electric service to an FBI facility in the Company’s service
territory.Application at 2.Idaho Power owns and operates transformers and other facilities
(“Assets”)on the FBI’s side of the Point of Delivery (the point at which the customer’s power
usage is measured,hereafter “POD”),to meet the FBI’s service requirements.Id.Those service
requirements are governed by Idaho Power’s Rule lvi “Facilities Charge Service”in the
Company’s Tariff No.101,Rule M.1 Id.The FBI pays Idaho Power a monthly facilities charge
for this optional service.Id.
At the FBI’s request,Idaho Power entered into an Asset Sale Agreement,to transfer
and convey the Assets to the FBI for a purchase price of $79,373.Agreement (Redacted)at 3.
Idaho Power applied to the Commission for approval of the proposed Agreement,under idaho
Code §6 1-328,and Idaho Power’s Rule M.Id.at ¶J E.,3(a).The Commission issued a Notice
of Application in December 2015.Order No.33433.
ICIP filed a Petition to Intervene,which the Commission granted.Order No.33443.
The Commission received comments from Staff,ICIP,and the FBI,and reply comments from
Tariffs are rules or rate schedules applicable to a particular utility.Tariffs are generally approved by the
Commission under Idaho Code §61-502,61-507,61-523 and 61-622.Idaho Power Company’s Rule M Facilities
Charge Service can be found on the Commission’s web site at:
h//y.gc.iho.gov/fileroom/tariff/electric/Idaho%20Power%20Cornpany.pdf.
ORDER NO.33501 1
the Company.All parties.including ICIP.recommended —or did not object to —approval of
Idaho Powefs Application.The Commission also held a public technical hearing,at which
representatives from Idaho Power,ICIP,and Commission Staff appeared and addressed the
Commission,consistent with their comments.On February 24,2016,the Commission entered
Order No.33470,approving Idaho Power’s Application.Despite its non-opposition,ICIP filed a
Petition for Reconsideration.Idaho Power filed an Answer to the Petition.
ICIP asserts that the Commission’s Order “is not in conformity with the law.”
Petition at 2.According to ICIP,the Order “(1)obviates the Commission’s obligations under the
Idaho Public Utility Laws;(2)inappropriately applies Idaho Code Sections 6 1-327 and 61-328..
.;and (3)...is arbitrary because it allows Idaho Power to engage in discriminatory treatment of
its customers in the determination of the sales price for ...utility-owned assets.”Id.In its
prayer for relief,ICIP asks that the Commission reconsider “its decision not to initiate a
proceeding to establish parameters for determining the price for the sale of Idaho Power-owned
assets subject to Rule M.”Id.ICIP states it “does not believe further evidentiary hearings are
necessary,”but requests reconsideration through submission of legal briefs.Id.
In its Answer,Idaho Power asserts that a “generic pricing methodology is not
necessary”to ensure that customers are not negatively impacted,[or]that the sale is in the
public interest.”Answer at 9.Idaho Power therefore asks that the Commission deny ICIP’s
Petition for Reconsideration.
DISCUSSION AND FINDINGS
Reconsideration provides an opportunity for a party to bring to the Commission’s
attention any issue previously determined,and thereby affords the Commission an opportunity to
correct any mistake or omission.Washington Water Power Co.v.Kootenai Environmental
Alliance,99 Idaho 875,591 P.2d 122 (1979).The Commission may grant reconsideration by
reviewing the existing record,or by soliciting additional pleadings or evidence.Idaho Code §
61-626;IDAPA 3 1.01.01.332.
Based on our review of the Petition for Reconsideration and Idaho Power’s Answer,
we grant reconsideration to re-examine issues raised by ICIP.Although we grant the Petition,
we reserve our reasoning and analysis of the issues for our Order on Reconsideration.We find it
unnecessary to conduct an evidentiary hearing or to consider further argument or legal briefing,
ORDER NO.33501
but will render our decision on the existing record and pleadings before us.We anticipate that
we will issue a Final Order on Reconsideration within 28 days of the service date of this Order.
ORDER
IT IS HEREBY ORDERED that ICIP’s Petition for Reconsideration is granted,as set
forth above.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /3
day of April 2016./“J ‘i.f’1
PAUL KJEIiLADER,PRESIDENT
KRISTINE RAPER,COMMI SIONER
ERIC ANDERSON,COMMISSIONER
ATTEST:
%k
J,éqin D.Jewell (/
&mmission Seretary
o IPC-E-I 5-26 dh5 Reconsideration
ORDERNO.33501 3