20160412Application.pdf

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An IDACORP CompanyRECE IVED
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JULIA A. HILTON
Senior Gounsel
[e-mail]
January 12,2016
VIA HAND DELIVERY
Jean D. Jewell, Secretary
ldaho Public Utilities Commission
47 2 W est Wash i ngton Street
Boise, ldaho 83702
Re: Case No. IPC-E-16-07
Mobile Manor Mobile Home Park Meter Pedestals ldaho Power
Company's Application
Dear Ms. Jewell:
Enclosed for filing please find an original and seven (7) copies of ldaho Power
Company's Application in the above matter.
Very truly yours,dlw
Julia A. Hilton
JAH:csb
Enclosures
122I W. ldaho St. (83702)
PO. Box 70
Boise. lD 83707
JULIA A. HILTON (lSB No. 7740) frfiCEIVED
ldaho Power Company
1221 West ldaho Street (83702) ?8i6..ir";l I2 PH 12:21
P.O. Box 70
Boise, ldaho ggl,T I ,.'i,;", ,:'l.iri-i()
Telephone: (20g) 388-6117 11 'l rl ;.'i crlt'tl'il$sloN
Facsimile: [phone]
i h i lton@ ida hopower. com
Attorney for ldaho Power Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
oF IDAHO POWER COMPANY FOR ) CASE NO. !PC-E-16-07
AUTHORITY TO TRANSFER TITLE OF )
MOBTLE MANOR MOBILE HOME PARK ) APPLICATION
METER PEDESTALS.)
)
ldaho Power Company ("ldaho Power" or "Comp?ny"), pursuant to ldaho Code
S 61-328 and Rule of Procedure 52, hereby requests that the ldaho Public Utilities
Commission ("Commission") approve the transfer of title for 18 meter pedestals located
in the Mobile Manor mobile home park, including the Mobile Manor Subdivision, Mobile
Manor First Addition, and Mobile Manor Second Addition (collectively, "Mobile Manor")
in Pocatello, ldaho.
ln support of this Application, ldaho Power represents as follows:
I. BACKGROUND AND DESCRIPTION OF TRANSACTION
1. Prior to March 31, 1981, ldaho Power installed, owned, and maintained
mobile home pedestals as part of the facilities for electric service to most mobile homes.
APPLICATION - 1
These pedestals are comparable to meter bases attached to buildings but are all
customer owned. Since March 31, 1981, new mobile homes have been served by
pedestals owned and maintained by customers as per ldaho Power's Rule H, Section
(ZXg) under General Provisions, which states "Owners of mobile home courts will
install, own, operate, and maintain all termination poles, pedestals, meter loops, and
conductors from the Point of Delivery."
2. Because Company-owned pedestals pre-date 1981, they and their
replacement parts are no longer manufactured. When ldaho Power is required to
perform repairs, replacement parts must be made by the Company. Due to the
expense in maintaining and repairing the pedestals and to promote consistency of
ownership among customers, ldaho Power seeks to transfer title of Company-owned
pedestals to the customer whenever possible.
3. Upon Commission approval, ldaho Power will update all 18 pedestals.
The Company will not, however, warrant the upgrades or the pedestals to any degree.
Mobile Manor will inspect the pedestals and satisfy themselves as to the pedestals'
physical and environmental conditions following the upgrades by ldaho Power. Mobile
Manor has agreed to then take title to the meter pedestals. The Transfer of Title
Agreement between ldaho Power and Mobile Manor is attached to this Application as
Attachment 1.
II. APPROVAL OF THE TRANSFER
4. As stated below, pursuant to ldaho Code S 61-328, an electric utility must
obtain approval from the Commission before it sells or transfers ownership in any
APPLICATION - 2
property used in the generation, transmission, distribution, or supply of electric power
and energy to the public:
Before authorizing the transaction, the public utilities
commission shall find: (a) That the transaction is consistent
with the public interest; (b) That the cost of and rates for
supplying service will not be increased by reason of such
transaction; and (c) That the applicant for such acquisition or
transfer has the bona fide intent and financial ability to
operate and maintain said property in the public service.
tdaho Code S 61-328(3).
5. This transaction meets the above-stated requirements of ldaho Code
S 61-328. The transaction is consistent with the public interest because it allows ldaho
Power to treat similarly-situated customers in a like manner. Mobile home owners who
establish service after 1981 have customer-owned meter pedestals. Similarly, other
customers own and maintain meter bases. Upon approval of this transaction, Mobile
Manor's meter pedestals will become customer-owned, receiving similar treatment as
other customers.
6. No money was or will be exchanged as a result of the transaction. The
up-front costs of updating the pedestals will be more than offset by the elimination of
longterm maintenance and repair costs of continued utility ownership. Over time,
because the transaction reduces Idaho Power's costs of maintenance, the Company's
expenses will decrease in the long term.
7. Lastly, the property will no longer be maintained in the public service.
Similar to other meter pedestals and comparable meter bases for non-manufactured
homes, these pedestals will be owned by the customer. Mobile Manor has significant
financial interest in maintaining and operating the property in a manner consistent with
other customer-owned pedestals and meter bases.
APPLICATION.3
III. MODIFIED PROCEDURE
8. Although ldaho Code S 61-328(2) states that the Commission "shall
conduct a public hearing on the application," ldaho Power believes that a hearing is not
necessary to consider the small, uncontested transaction presented herein. Therefore,
the Company respectfully requests that this Application be processed under Modified
Procedure; i.e., by written submissions rather than by hearing. RP 201, ef. seg. !f,
however, the Commission determines that a technical hearing is required, the Company
stands ready to present testimony and support the Application in such hearing.
IV. COMMUNICATIONS AND SERVICE OF PLEADINGS
9. Communications and service of pleadings with reference to this
Application should be sent to the following:
Julia A. Hilton
ldaho Power Company
1221West ldaho Street (83702)
P.O. Box 70
Boise, ldaho 83707
i h ilton @ idahopower. com
d ockets@ idahopower. com
Matt Larkin
ldaho Power Company
1221West ldaho Street (83702)
P.O. Box 70
Boise, ldaho 83707
mlarkin@ idahopower. com
V. REQUEST FOR RELIEF
10. ldaho Power respectfully requests that the Commission issue an order
authorizing that this matter be processed by Modified Procedure and approving the
Transfer of Title Agreement attached hereto as Attachment 1.
DATED at Boise, ldaho, this 12th day of April 2016.
JULYA A. H{LTON
Attorney for ldaho Power Company
APPLICATION - 4
VERIFICATION
STATE OF IDAHO
County of Ada
JULIA A. HILTON, being duly sworn, deposes and states that she is an attorney
for ldaho Power Company, that she has read the foregoing Application and knows the
contents thereof, and that the same are true to the best of her knowledge and belief.
SUBSCRIBED AND SWORN TO before me, a notary public of the state of ldaho,
this 12th day of April 2016.
)
) ss.
)
Notary Public for ldaho
Residing at Boise, Idaho
My commission expires: 0210412021
APPLICATION - 5
CERTIFIGATE OF SERVICE
I HEREBY CERTIFY that on this 12th day of April 2016 t served a true and
correct copy of the within and foregoing APPLICATION upon the following named
parties by the method indicated below, and addressed to the following:
Mobile Manor Mobile Home Park
Kathleen C. Parrish
1841 Satterfield Drive
Pocatello, ldaho 83201 -1 983
Hand Delivered
U.S. Mail
Overnight Mail
FAX
Email
Christa Bearry, Legal
APPLICATION - 6
BEFORE THE
IDAHO PUBLIG UTILITIES COMMISSION
GASE NO. IPC-E-16-07
IDAHO POWER COMPANY
ATTACHMENT 1
TRANSFER OF TITLE AGREEMENT
TRANSFER OF TITLE
AGREEMENT
This Transfer of Tiile Agreement ("Agreement") is entered into by and between ldaho
Power Company, an ldaho corporation, with principal offices at 1221 West ldaho Street, Boise,
ldaho 83702 (.lPC') and Kathleen C Parrish, an individual residing at 1841 Satterfield Drive,
Pocatello, ldaho 83201-1983 ("Parrish") as of this Zq day of April, 2016, subject to the
authorization of the ldaho Public Utilities Commission ("lPUC" or "Commission") as required by
l.C. S 61-328. IPC and Parrish may be referred to individually as a "Party" or collectively as the
"Parties."
WHEREAS, prior to 1981, IPC installed, owned, and maintained meter pedestals in
mobile home parks; since March 31, 1981, meterpedestals have been provided and owned by
mobile home homeowners or park owners;
WHEREAS, the meter pedestals installed by IPC prior to 1981 are no longer
manufactured and replacement parts must be made to provide repairs;
WHEREAS, due to the expense involved in maintaining and repairing meter pedestals,
IPC desires to transfer ownership of said pedestals to mobile home owners; and
WHEREAS, IPC agrees to convey and Parrish agrees to accept title of the meter
pedestals within the Mobile Manor mobile home park, including the Mobile Manor Subdivision,
Mobile Manor First Addition, and Mobile Manor Second Addition (collectively, "Mobile Mano/');
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and
benefits hereinafter set forth, and for good and valuable consideration, the receipt and
sufficiency of which are hereby recognized, IPC and Parrish hereby mutually agree as follows:
1. lncorporation of Recitals. The above-stated recitals are incorporated into and
made a part of this Agreement by this reference to the same extent as if these recitals were set
forth in full at this point.
2. Commission Approval Required. This Agreement for transfer of IPC assets is
contingent upon the approval and authorization of the IPUC as required in l.C. S 61-328. The
Agreement shall be executed by the Parties and submitted to the IPUC for approval. The
transfer of title described herein shall go into effect sixty (60) calendar days following IPUC
approval and authorization of the transaction. lf such IPUC approval is not obtained, this
Agreement shall not take effect.
3. Transfer of Title. ln consideration of the reduced maintenance and expense to
ldaho Power and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, lPC, ef{ective sixty (60) calendar days following approval of the
Commission, hereby bargains, sells, assigns, transfers, grants, and conveys unto Parrish all of
IPC's title and interest (subject to the limitations set forth below) in, to, and under the meter
pedestals owned by IPC as hereinafter described (the "Pedestals"). The Pedestals are electro-
mechanical, free-standing, partially buried, one-piece units that house IPC's meter and cable
terminations, the customer's main circuit breakers, and the service terminations for service to
the manufactured home. ldaho Power owns and maintains a junction box adjacent to each
Pedestal and a service wire up to the point where said wire connects to each Pedestal. This
Agreement transfers, conveys, and assigns eighteen (18) meter Pedestals (eight (B) 200 amp
Transfer of Title Agreement Page 1 of 6
Pedestals, eight (B) 100 amp Pedestals, and two (2) 50 annp Pedestals), each occupying one of
eighteen mobile homespaces, in Mobile Manorlocatedwithin Sections 10 and 11, Township6
South, Range 34 E. Boise Meridian, Bannock County, ldaho. Parrish owns the following lots
within Mobile Manor:
Parcel 1, RCMBM000401, (517 E. Chubbuck Rd.):
The East 112 of Lot 2, and the West 40 feet of Lot 3, Block 1, Mobile Manor Subdivision,
Except: The Northerly 891.27 square feet that was conveyed unto the City of Chubbuck
for Additional Rightof-Way per Warranty Deed lnstrument No. 99006130.
Tosether with: The West 10 feet of the East 20 feet of Lot 3, Block 1, Mobile Manor
Subdivision, Except: The Northerly 127.32 square feet that was conveyed unto the Cit3,
of Chubbuck for Additional Right-of-Way per Warranty Deed Instrument No. 99002765.
Parcel 2. RCMBM000601, (525 E. Chubbuck Rd.):
Lot 5, and the ty'/est 10 feet of Lct 6, Blcck 1 , Mobile Manor Subdivision,
Except: The Northerly 91 1.88 square feet that was conveyed unto the City of Chubbuck
for additional Right-of-Way per Warranty Deed lnstrument No. 99002764.
Parcel 3, RCMBM003601, (605 Albatross):
Lot 11, Block 2, Mobile Manor Subdivision,
Except: The West 55 feet of Lot 1 1, Block 2, Mobile Manor Subdivision.
Parcel 4, RCMBM004701, (604 Bluebird):
Lot22, Block 2, Mobile Manor Subdivision,
Except: The West 55 feet of Lot 22, Block 2, Mobile Manor Subdivision.
Parcel 5, RCM81003600, (51 1 Chickadee): Lot 2, Block 7, Mobile Manor First Addition.
Parcel 6, RCMB1003700, (521 Chickadee): Lot 3, Block 7, Mobile Manor First Addition.
Parcel 7, RCMB1003800, (531 Chickadee): Lot 4, Block 7, Mobile Manor First Addition.
Parcel 8. RCMB 1003900. (541 Chickadee):Lot 5, Block 7, Mobile Manor First Addition.
Parcel 9, RCM82000200, (428 Chickadee):
Lot 7, Block 5, Mobile Manor Second Addition.
Parcel 10, RCM82000300, (418 Chickadee): Lot B, Block 5, Mobile Manor Second
Addition.
Parcel 11, RCM82004000, (515 Chickadee):
Lot '14, Block 7, Mobile Manor Second Addition.
Parcel 12, RCM82004100, (525 Chickadee):
Lot 15, Block 7, Mobile Manor Second Addition,
Parcel '13, RCM82004200. (535 Chickadee):
Lot 16, Block 7, Mobile Manor Second Addition.
Parcel '14, RCM82004300, (545 Chickadee):
Lot 17, Block 7, Mobile Manor Second Addition.
Transfer of Title Agreement Page 2 of 6
Parcel 15, RCMB2006000, (4711 Eaqle):
Lot 11, Block 8, Mobile Manor Second Addition.
Parcel 16, RCM82006300, (4683 Eaole):
Lot 14, Block 8, Mobile Manor Second Addition.
Parcel 17, RCM82006400, (4673 Eaqle):
Lot 15, Block B, Mobile Manor Second Addition.
Parcel 18, RCM82006500, (4663 Eaqle):
Lot 16, Block 8, Mobile Manor Second Addition.
4. Unwarranted "As ls" Condition. lmmediately following Commission authorization
and approval of thetransferof title, IPC shall update all eighteen (18) Pedestals; however, IPC
does not warrant the upgrades or the Pedestals to any degree. lt is understood and agreed that
Parrish will inspect the Pedestals and satisfy herself as to the Pedestals' physical and
environmental condition following the upgrades and that Parrish, at the point of transfer of title,
hereby accepts all of the Pedestals in "AS lS" and .WITH ALL FAULTS" condition and that IPC
has not made, does not make, and will not make any warranty or representation, whether
express or implied, about the performance capability of the Pedestals or their present state of
repair, condition or maintenance, ability to function in any respect, or merchantability or fitness
for a particular purpose. IPC makes no warranty, express or implied, as to the accuracy or
completeness of any data, information, or materials heretofore or hereafter furnished to Parrish
in connection with the Pedestals. Any and all such data, information, and other materials
furnished by IPC is provided to Parrish as a convenience and any reliance on or use of the
same shall be at Parrish's sole risk and responsibility.
IPC and Parrish agree that to the extent required by any applicable law to be operative,
the disclaimers of warranties contained in this paragraph are "conspicuous" disclaimers for the
purposes of any applicable law, rule or order. THE PEDESTALS ARE BEING TRANSFERRED
BY IPC TO PARRISH WITHOUT RECOURSE (EVEN AS TO THE RETURN OF THE
PURCHASE PRICE), COVENANT, OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR
STATUTORY, AND IPC IS CONVEYING THE PEDESTALS COVERED HEREBY "AS IS'AND.WITH ALL FAULTS,'AND WITHOUT REPRESENTATION OR WARRANTY, EXPRESS OR
IMPLIED, (ALL OF WHICH IPC HEREBY DISCLAIMS AND NEGATES) AS TO FITNESS FOR
ANY PARTICULAR PURPOSE, CONFORMITY TO MODELS OR SAMPLES OR MATERIALS,
MERCHANTABILITY, DESIGN, QUALITY, CONDITION, OPERATION, COMPLIANCE WITH
SPECIFICATION, ABSENCE OF LATENT DEFECTS, OR COMPLIANCE WITH LAWS AND
REGULATTONS (|NCLUDING, WTTHOUT LIMITAT|ON, THOSE RELATTNG T0 HEALTH,
SAFETY, AND THE ENVIRONMENT), TO THE EXTENT APPLICABLE AND PERMITTED BY
LAW.
5. Release and lndemnification. Parrish hereby releases IPC and the employees,
officers, directors, and agents of IPC and/or its affiliates from and against all claims, actions,
damages, losses, penalties, and expenses, including reasonable attorney fees and
disbursements, of any kind or nature whatsoever arising out of IPC's acts or omissions or the
acts or omissions of Parrish or any third party related to the transfer of Pedestals hereunder.
Further, Parrish agrees to indemnify IPC and the employees, officers, directors, and
agents of IPC and/or its affiliates from and against all claims, actjons, damages, losses,
Transfer of Title Agreement Page 3 of 5
penalties, and expenses, includlng reasonable attorney fees and disbursements, of any kind or
nature whatsoever, including, without limitation, liability of death, personal injury or property
damage, strict Iiability, or liabilities or obligations, under any applicable Federal or State law,
including, without limitation, all environmental laws, arising out of Parrish's acquisition and use
of the Pedestals or arising out of any act of Parrish or any subcontractor of Parrish or anyone
directly or indirectly employed by either the Parrish or any subcontractor of Parrish or anyone for
whose acts any of them may be liable.
6. Entire Aoreement. This Agreement, including its Exhibits, constitutes the entire
agreement of the Parties with respect to its subject matter and supersedes all prior
communications, contracts, and agreements, both oral and written between them. This
Agreement may not be modified, and no rights will be waived, except by an instrument in writing
signed by a duly authorized representative of the Parties.
7. Section Numberinq and Headinqs. Section headlngs are for the convenience of
reference only and shall not be construed to limit or extend the meaning of any provision and
will not be relevant in interpreting this Agreement. As used in this Agreement, the term
"including" means by way of example and not limitation.
B. Authoritv. Parrish hereby certifies that she owns the underlying parcels described
herein and has the authority to enter into this Agreement. lf, for any reason and at any time, it is
determined that Parrish does not own the underlying parcels, this Agreement is void ab initio.
9. Severabilitv. lf any provision of this Agreement is determined to be invalid or
unenforceable, it will be deemed to be modified to the minimum extent necessary to be valid
and enforceable. lf it cannot be so modified, it will be deleted and the deletion will not affect the
validity or enforceability of any other provision unless, as a result the rights of either Party are
materially diminished or the obligations and burdens of either Party are materially increased so
as to be unjust or inequitable.
[Signature Page Follows]
Transfer of Title Agreement Page 4 of 6
IN WITNESSETH WHEREOF, the Parties hereto execute this Agreement as of the date
and year first above written, and the assets are hereby conveyed, AS lS, WHERE lS, sixty (60)
days following Commission approval.
KATHLEEN C, PARRISH
State of ldaho
County of
On this 2q day of .' 'l fClt , in the year of 2016, personally appeared before me
, personally known to me to be the person whose name is subscribed to the within
instrument, and acknowledged to rnq{ltHlt$ilrHt pyPcuted the same.
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=s--r(',ior
ea y'.rf- z Notary/pubtic for{aho
= i i !Residihg'at: ?oCa-V,r,;;ri:ll).l1i".g Mv commission expires on:
Name: Vern PorterTitle: S.V.P. of Customer Operations
State of ldaho
county of ACc"
on this f +" oay ot [\
and acknowledged to me that he executed the same.
, in the year of 2016, personally appeared before me
Notary P
Transfer of Title Agreement Page 5 of 6