20170712notice_of_application_order_no_33811.pdf

Office ofthe Secretary
Service Date
July 12,2017
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT )APPLICATIONOF IDAHO POWER )CASE NO.IPC-E-17-10
COMPANYAND THE CITY OF RUPERTTO )APPROVEA TERRITORYALLOCATION )NOTICE OF APPLICATION
AGREEMENT )
)NOTICE OF
)MODIFIED PROCEDURE
)ORDERNO.33811
On June 29,2017,Idaho Power Company ("Idaho Power")and the City of Rupert
("Rupert")(collectively the "Parties")applied to the Commission under the Electric Supplier
Stabilization Act (ESSA),Idaho Code §§61-332 et seq.,for an Order approving the Parties'
Territory Allocation Agreement ("Agreement").The ESSA enables electric utilities to allocate
territories and customers if certain conditions are satisfied.Under the Agreement,the Parties
propose that Rupert be allowed to serve an Idaho Power customer who operates grain bins on
1.98 acres of property in Idaho Power's service territory.The Parties'ask the Commission to
process the Applicationby 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 futureconsumers ...and designatingwhichterritories 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 withthe 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.
NOTICEOF APPLICATION
NOTICEOF MODIFIEDPROCEDURE
ORDER NO.33811 1
NOTICEOF APPLICATION
YOU ARE HEREBY NOTIFIEDthat with this Application,the Parties ask the
Commission to approve their Agreement to allowRupert to provide three phase 480 volt service
to grain bins on 1.98 acres in Idaho Power's service territory.Application at 1-2.Althoughthis
parcel is in Idaho Power's territory,the parcel is closer to Rupert's power lines.Consequently,if
Rupert is allowed to serve the parcel,the customer will not need to invest as much money to obtain
three phase 480 volt service.Id.at 3.Idaho Power has agreed to release its rights to serve the
grain bins on the customer's 1.98 acre parcel,and Rupert has agreed to serve the grain bins on that
parcel.Id.
YOU ARE FURTHERNOTIFIEDthat ac.cording to the Application,approving the
Agreement and allowingRupert to install facilities and provide electric service offers benefits
including lowering customer line extension charges,avoiding facilities duplication between
electric suppliers,and avoiding future disputes between the Parties.Id.
NOTICE OF MODIFIED PROCEDURE
YOUARE FURTHERNOTIFIEDthat the Commission has preliminarilydetermined
that the public interest may not require a formal hearing for this matter,and that the matter will
proceed under Modified Procedure pursuant to Rules 201 through204 ofthe Idaho Public Utilities
Commission's Rules of Procedure,IDAPA 31.01.01.201 through .204.The Commission notes
that Modified Procedure and written comments have proven to be an effective means for obtaining
public input and participation.
YOUARE FURTHERNOTIFIEDthat any person desiring to state a position on this
Application may file a written comment in support or opposition with the Commission within
twentyone (21)days from the service date of this Notice.The comment must contain a statement
of reasons supporting the comment.Persons desiring a hearingmust specifically request a hearing
in their written comments.Written comments concerning this Application shall be mailed to the
Commission and the Applicants at the addresses reflected below:
NOTICEOF APPLICATION
NOTICEOF MODIFIED PROCEDURE
ORDER NO.33811 2
Commission Secretary Lisa D.Nordstrom
Idaho Public UtilitiesCommission Idaho Power Company
PO Box 83720 1221 W.Idaho Street
Boise,ID 83720-0074 PO Box 70
Boise,ID 83707-0070
Street Address For Express Mail:E-mail:lnordstrom a idahonower.com
dockets a idahonower.com
472 W.Washington Street
Boise,ID 83702-5983 Kristy Patteson
Idaho Power Company
1221 W.Idaho Street
PO Box 70
Boise,ID 83707-0070
E-mail:koatteson a idahocower.com
Michael P.Tribe
Robinson &Tribe
PO Box 396
Rupert,ID 83350
E-mail:mot a idlawfirm.com
James Bowers
Rupert City Department Manager
City of Rupert
121 South 50 West
PO Box 426
Rupert,ID 83350
E-mail:James.bowers a rurert.id.us
All comments should contain the case caption and case number shown on the first page of this
document.Persons desiring to submit comments via e-mail may do so by accessing the
Commission's home page located at www.puc.idaho.cov.Click the "Case Comment or Question
Form"under the "Consumers"tab,and complete the comment form using the case number as it
appears on the front of this document.These comments must also be sent to Applicants at the e-
mail addresses listed above.
YOUARE FURTHERNOTIFIEDthat if no writtencomments or protests are received
withinthe time limit set,the Commission will consider this matter on its merits and enter its Order
without a formal hearing.If written comments are received within the time limit set,the
Commission will consider them and,in its discretion,may set the same for formal hearing.
NOTICEOF APPLICATION
NOTICEOF MODIFIEDPROCEDURE
ORDERNO.33811 3
YOU ARE FURTHERNOTIFIEDthat the Application has been filed with the
Commission and is available for public inspection during regular business hours at the
Commission offices.The Application is 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 the type
of "Open Electric Cases,"and then click on the case number as shown on the front of this
document.
YOU ARE FURTHERNOTIFIEDthat all proceedings in this case will be held
pursuant to the Commission's jurisdictionunder Title61 ofthe Idaho Code,and specifically Idaho
Code §§61-322A(4)and 61-333(1).The Commission may enter any final Order consistent with
its authorityunder Title 61.
YOUARE FURTHERNOTIFIEDthat all proceedings in this matter will be conducted
pursuant to the Commission's Rules of Procedure,IDAPA 31.01.01.000et seq.
ORDER
IT IS HEREBYORDERED that this Application be processed by Modified Procedure,
IDAPA31.01.01.201-.204.Persons interested in submitting written comments in this matter must
do so within21 days from the service date of this Order.
NOTICEOF APPLICATION
NOTICEOF MODIFIEDPROCEDURE
ORDER NO.33811 4
DONE by Order of the Idaho Public UtilitiesCommission at Boise,Idaho this /
day of July 2017.
PAUL Kh L'AÑ ØËR,PRESIDENT
KRI¾INÈ RAPE ,CÛlWMISSIONER
E'RIC AN ERSON,COMMISSIONER
Diane M.Hanian
Commission Secretary
O:IPC-E-17-10 se
NOTICEOF APPLICATION
NOTICEOF MODIFIEDPROCEDURE
ORDER NO.33811 5