20161221notice_of_application_order_no_33680.pdf

Office of the Secretary
Service Date
December 2 I , 20 I 6
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT
APPLICATION OF IDAHO POWER
COMPANY AND UNITED ELECTRIC CO­
OP FOR APPROVAL OF A CUSTOMER
ALLOCATION AGREEMENT
-------------------
) CASE NO. IPC-E-16-29
)
) NOTICE OF APPLICATION
)
) NOTICEOF
) INTERVENTION DEADLINE
)
) ORDERNO. 33680
On November 22, 2016, Idaho Power Company and United Electric Co-op, Inc. filed
a joint Application requesting that the Commission approve a Customer Allocation Agreement
between the two companies. Application at 1-2. The agreement concerns a property in Idaho
Power's service territory that borders the United Electric service territory and has not previously
been provided with electric service. By way of summary, the Applicants request that the
Commission approve an agreement granting United Electric the right to establish a new service
entrance and provide electric service at that location. The Application falls under the Electric
Supplier Stabilization Act (ESSA), Idaho Code §§ 61-332 et seq. The Applicants ask the
Commission to process the Application by Modified Procedure.
BACKGROUND
The ESSA prohibits an electric supplier (e.g., a utility, municipality, or co-op) from
serving another electric supplier's existing or former customers. Idaho Code§ 61-332B. As an
exception to this general rule, the ESSA allows electric suppliers to contract for the purpose of
"allocating territories, consumers, and future consumers ... and designating which territories and
consumers are to be served by which contracting electric supplier." Idaho Code § 61-333(1).
Such contracts must be submitted to the Commission for approval. Id. In sum, contracts
reviewed under the ESSA will be approved if, after notice and opportunity for hearing, the
Commission finds that the agreement conforms with the purposes of the ESSA. See Idaho Code
§§ 61-333(1) and 61-334B(l). Section 61-332(2) states the purposes of the ESSA are to: (1)
promote harmony between electric suppliers; (2) prohibit the "pirating" of consumers; (3)
discourage duplication of electric facilities; (4) actively supervise the conduct of electric
suppliers; and (5) stabilize service territories and consumers.
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
ORDER NO. 33680 1
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that Idaho Power and United Electric Co-op have
agreed to the transfer of the service area of the property of one customer. Previously irrigated
through the use of flood irrigation, the owner of the property would now like to install a three­
phase 480 volt service in order to use a pump. For Idaho Power to provide that service, however,
it would have to rebuild approximately three quarters of a mile of transmission lines at the
customer's expense.
YOU ARE FURTHER NOTIFIED that the subject property is adjacent to United
Electric's service area, which has three-phase power approximately 300 feet from the desired
pump location. Accordingly, in order to avoid duplication of facilities and avoid the imposition
of unnecessarily high line extension charges, the utilities have agreed that United Electric will
service the property going forward.
YOU ARE FURTHER NOTIFIED that the Application and attachments have been
filed with the Commission and are available for public inspection during regular business hours
at the Commission offices. These documents are also available on the Commission's website at
www.puc.idaho.gov. Click on the "File Room" tab at the top of the page, scroll down to "Open
Electric Cases," then click on either case number as shown on the front of this document.
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 et seq.
NOTICE OF INTERVENTION DEADLINE
YOU ARE FURTHER NOTIFIED that persons desiring to intervene in this matter
must file a Petition to Intervene with the Commission pursuant to this Commission's Rules of
Procedure 72 and 73, IDAPA 31.01.01.072 and -.073. Persons intending to participate in this
matter must file a Petition to Intervene no later than twenty-one (21) days from the service date
of this Order. Persons desiring to present their views without parties' rights of participation and
cross-examination are not required to intervene and may present their comments without prior
notification to the Commission or the parties.
YOU ARE FURTHER NOTIFIED that the Commission Secretary shall issue a
Notice of Parties after the deadline for intervention has passed. The Notice of Parties shall
assign exhibit numbers to each party in this proceeding.
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
ORDER NO. 33680 2
YOU ARE FURTHER NOTIFIED that once the Notice of Parties is issued, the
Commission Staff will convene an informal prehearing conference for the parties to discuss a
schedule to process this case and other issues as may be raised by the parties.
YOU ARE FURTHER NOTIFIED that the following persons are designated as
representatives in this matter:
Lisa Nordstrom
Idaho Power Company
PO Box 70
Boise, ID 83 707-0070
E-mail: lnordstrom(@,idahopower.com
Lance A. Loveland
Parsons, Smith, Stone, Loveland, and Shirley, LLP
Attorney for United Electric Co-op, Inc.
PO Box 910
Burley, ID 83318
E-mail: [e-mail]
ORDER
IT IS HEREBY ORDERED that persons desiring to intervene in this matter shall file
a Petition to Intervene with the Commission no later than twenty-one (21) days from the service
date of this Order.
IT IS FURTHER ORDERED that once a Notice of Parties is issued, Staff shall
convene an informal prehearing conference to discuss a schedule to process this case and other
issues as may be raised by the parties.
IT IS FURTHER ORDERED that discovery 1s available pursuant to the
Commission's Rules of Procedure 221-234.
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
ORDER NO. 33680 3
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;J../ $"/'"
day of December 2016.
ERIC ANDERSON, COMMISSIONER
ATTEST:
Eill ~.,di an D. Jewel
=sion Secretary
O:IPC-E-16-29 bk
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
ORDER NO. 33680 4