20190801Application.pdf

RECEIVED
l8lg AUG - I Pt{ lr: 5l
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An TDACORP Company
LISA D. NORDSTROM
Lead Counsel
I [e-mail]
,=,i,?ffi#n?fi18t'o*
August 1,2019
VIA HAND DELIVERY
Diane M. Hanian, Secretary
ldaho Public Utilities Commission
472 West Washington Street
Boise, ldaho 83702
Re: Case No. IPC-E-19-26
Golden Hi!!s Mobile Home Park Meter Pedestals - ldaho Power Company's
Application
Dear Ms. Hanian:
Enclosed for filing in the above matter please find an original and seven (7) copies
of ldaho Power Company's Application.
Very truly yours,
&ref['am"^,
Lisa D. Nordstrom
LDN:csb
Enclosures
1221 W. ldaho St. (83702)
P.O. Box 70
Boise, lD 83707
LISA D. NORDSTROM (lSB No. 5733)
ldaho Power Company
1221 West ldaho Street (83702)
P.O. Box 70
Boise, ldaho 83707
Telephone: [phone]
Facsimile: [phone]
! no rd qtrom @ ida hopawet. cam
RECEIVED
j.019 fiUG - l Pt{ trr 5l
in.r.]:iJ PUffLIC
I r'1'tTi i: J-CCh{1,{lssloN
Attorney for ldaho Power Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
!N THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR
AUTHORIry TO TRANSFER TITLE OF
GOLDEN HILLS MOBILE HOME PARK
METER PEDESTALS.
CASE NO. !PC-E-19-26
APPLICAT!ON
ldaho Power Company ("ldaho Power" or "Comp?ny"), pursuant lo ldaho Code
S 61-328 and Rule of Procedure 52, hereby requests that the ldaho Public Utilities
Commission ("Commission") either approve the transfer of title for 170 meter pedestals
located in the Golden Hills Mobile Home Park in Pocatello, ldaho, or affirm that
Commission approval is not necessary under ldaho law.
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.
Mobile home pedestals are electro-mechanical, free-standing, partially buried, one-
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APPLICATION - 1
piece units that contain ldaho Power's meter and cable terminations, the space'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. 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 (Z)(g) 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 of the age of Company-owned pedestals, the pedestals and their
replacement parts are no longer manufactured. Due to the expense in maintaining and
repairing the pedestals and to promote consistency of ownership among customers
and/or owners of mobile home parks, ldaho Power seeks to transfer title of Company-
owned pedestals to the customer whenever possible.
3. ldaho Power installed meter pedestals at the Golden Hills Mobile Home
Park in 1976 and has subsequently performed maintenance necessary to keep them in
working order. A meter pedestal is installed at each of the 170 lots owned by J.L.P.
Trust and JCS Properties (referred to as "the Trust"), which leases the lots to park
residents. The mobile homes within the Golden Hills Mobile Home Park are a mixture
of privately-owned and Trust-owned homes. The lots within the Golden Hills Mobile
Home Park are individually metered and ldaho Power has a direct billing relationship
with one or more residents at each lot.
APPLICATION - 2
4. ldaho Power and the Trust executed two agreements to update and
transfer all 170 pedestals. The first Transfer of Title Agreement, dated November 6,
2018, encompassed 22 pedestals. The remaining 148 pedestals are addressed in the
second Transfer of Title Agreement, dated July 16, 2019. The Company will not,
however, warrant the upgrades or the pedestals to any degree. The Trust will inspect
the pedestals and satisfy itself as to the pedestals' physical and environmental
conditions following the upgrades by ldaho Power. The Trust has agreed to then take
title to the meter pedestals. The Transfer of Title Agreements between Idaho Power
and the Trust are attached to this Application as Attachment 1.
II. APPROVAL OF THE TRANSFER
5. Pursuant to ldaho Code S 61-328, an electric utility must obtain approval
from the Commission before it sells or transfers ownership in any 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.
ldaho Code S 61-328(3). Finding that ldaho Code S 61-328 applied to the 2012 transfer
of pedestals from ldaho Power to a mobile home park owner was "essentially a private
matter," the Commission also cited Commission Rule of Procedure 274 as its authority
to summarily accept settlement of an essentially private matter that has no significant
implications for regulatory law or policy or for other utilities or customers. IDAPA
31.01 .01.274; Order No.32624 at2.
APPLICATION - 3
6. !n 2016, the Commission interpreted this statute to not apply in cases
seeking approval of a transfer of utility-owned assets that are not used to serve the
public or a portion thereof. Order No. 33514 at 9. lt determined that "the public or a
portion thereof'does not contemplate situations in which utilities' services are offered
"to one person or corporation under a contract:' ld., citing Humbird Lumber Co. v. ldaho
PUC,39 ldaho 505, 51 1, 228 P. 271,273 (1924). Consequently, the Commission found
thal ldaho Code S 61-328 did not apply because the 18 meter pedestals at Mobile
Manor Mobile Home Park "have been and will be used to serve only those mobile
homes owned by Ms. Parrish." Order No. 33546 at 3.
7. ln the instant case, ldaho Power uses the 170 meter pedestals at issue to
meter electricity delivered to each mobib home lot within the Golden Hills Mobile Home
Park. The decisions referenced in the prior paragraph discussed transactions where
the Commission evaluated ldaho Power's proposal to transfer property "that serves only
a single customer." Order No. 33514 at 9. By contrast, the two agreements at issue
contemplate transferring pedestal ownership to the mobile home park owner (the Trust);
given the mixed ownership of mobile homes within the park, the Trust may not own the
mobile home served by some of these pedestals or be the ultimate customer billed by
ldaho Power.
8. lf the Commission determines that ldaho Code S 61-328 applies to the
facts of this transaction, Idaho Power asserts that this transfer meets the above-stated
requirements of ldaho Code S 61-328. The transaction is consistent with the public
interest because it allows Idaho Power to treat similarly-situated mobile home park
owners in a like manner; mobile home owners who establish service after 1981 own and
maintain the meter pedestals that serve the lots for lease to their tenants. Simihr[,
APPLICATION - 4
other landowners with property served by ldaho Power own and maintain their meter
bases. Upon approval of this transaction, the Golden Hills Mobile Home Park's meter
pedestals will become the property of the park owner (the Trust), receiving similar
treatment as other park owners and landowners.
9. 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
long-term maintenance and repair costs of continued utility ownership. Over time,
because the transaction reduces ldaho Power's costs of maintenance, the Company's
expenses will decrease in the long term. ldaho Power's proposed accounting entries
related to this transfer are included as Attachment 2.
10. Lastly, although the pedestals will no longer be maintained by a utility in
the public service, they will be owned and maintained by the Trust to serve tenants
within the Golden Hills Mobile Home Park. The Trust has significant financial interest in
maintaining and operating the property in a manner that preserves the value of the lots
for lease within the Golden Hills Mobile Home Park.
III. COMMUNICATIONS AND SERVICE OF PLEADINGS
11. Communications and service of pleadings with reference to this
Application should be sent to the following:
Lisa D. Nordstrom
ldaho Power Company
1221West ldaho Street (83702)
P.O. Box 70
Boise, ldaho 83707
lnordstrom@ hopower.com
dockets@ idahopower. com
APPLICATION - 5
IV. REQUEST FOR RELIEF
12. Out of an abundance of caution and desiring to pass good title to the
Trust, Idaho Power requests the Commission approve the Transfer of Title Agreements
lor 170 meter pedestals located in the Golden Hills Mobile Home Park attached hereto
as Attachment 1, or in the alternative, affirm that Commission approval is not necessary
under ldaho law.
DATED at Boise, ldaho, this 1" day of August 2019.
D. NO M
Attorney for ldaho Power Company
APPLICATION.6
VERIFICATION
STATE OF TDAHO )
) ss.
County of Ada )
LISA D. NORDSTROM, 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.
D. NOR ROM
SUBSCRIBED AND SWORN TO before me, a notary public of the state of ldaho,
this lstday of August 2019.
lrlll
s.
ry Public for ho
Residing at Meridian, ldaho
My commission expires o2t04t202 1
of
APPLICATION - 7
S
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 1st day of August 2019 I 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:
Golden Hills Mobile Home Park
J.L.P. Trust
JCS Properties
415 Addison Avenue, Suite 3
Twin Fa!!s, ldaho 83301
_Hand DeliveredX U.S. Mail
_Overnight Mail
_FAX
Email
Christa Bearry, Legal Assistant
APPLICATION - 8
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
GASE NO. IPC-E-19-26
IDAHO POWER COMPANY
ATTACHMENT 1
TRANSFER OF TITLE AGREEMENTS
201 8 AGREEMENT
TRANSFER OF TITLE
A.GREEMENT
This Transfer of Title Agreement ("Agreement") is entered into by and among ldaho
Power Company, an ldaho corporation, with principal offices at 1221 West ldaho Street,
Boise, ldaho 83702 ("lPC") and J.L.P. Trust and JCS Properties with principal offices at
415 Addison Avenue, Suite 3, Twin Falls, ldaho B3301 (referred to as "the Trust" and the
owner of the property described herein) as of this Latlr _ day of N n {ervr.h\ef
2018, subject to the authorization of the ldaho Public Utilities Commission ("lPUC" or
"Commission") as required by I.C. S 61-328. IPC and the Trust may be referred to
individually as a "Party" or collectively as the "Parties."
WHEREAS, priorto'1981, IPC installed, owned, and maintained meter pedestals
in mobile home parks; since f\Iarch 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 pafts 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, in exchange for the replacement of certain
existing meter pedestals, the Trust agrees to accept title of certain meter pedestals within
the Golden Hills trailer park;
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 the Trust hereby mutually agree as
follows:
1. lncorpo ration 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 Aut[o:zation Required. This Agreement for transfer of IPC
assets is contingent upon the authorization of the IPUC pursuantto l.C. S 61-328 unless
the Commission determines othenrrise. The Agreement shall be executed by the Parties
and submitted to the IPUC for review. The transfer of title described herein shall go into
effect one hundred twenty (24) calendar days following IPUC authorization of the
transaction. lf such IPUC authorization is not obtained, this Agreement shall not take
effect.
3. Transferof Title. ln consideration of the reduced maintenance and expense
to IPC and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, lPC, effective one hundred twenty (120) calendar days
following approval of the Commission, hereby bargains, sells, assigns, transfers, grants,
TRANSFER OF TITLE AGREEMENT Page 1 of 5
and conveys unto the Trust all of IPC's title and interest (subject to the limitations set forth
below) in and to the twenty-two (22) meter pedestals owned by IPC located in space
numbers 221-233 and 235-243 as hereinafter described and identified in Exhibit A (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. The Pedestals transferred, conveyed, and
assigned herein are contained within the Golden Hills tt/obile Home Park located at 1900
West Quinn, Pocatello, ldaho 83202. The Golden Hills lVobile Home Park is
approximately 8.46 acres of land, more or less, described as follows:
A parcel of land located in the SW 1/4 of Section 9, Township
6 South, Range 34 East, Boise lMeridian, Bannock County,
ldaho, and more particularly described as follows:
Beginning at the Southwest corner of Section 9, lnstrument
No. 755845; thence N.0'40'16" W. along the West line of
Section I971.16 feet; thence East 383.99 feet to a point on
the South line of Golden Hills lVanor and the TRUE POINT
OF BEGINNING; thence in successive courses along the
South line of Golden Hills I\4anor N.38"42'34" E. 135.03 feet
to a found 5/8" iron pin, N.49"39'25" E.96.27 feet to a found
2" alum. cap, S.51"19'21" E. 181.93 feet to a found 2" alum.
cap, N.89'24'29" E. 439.45 feet to a found 2" alum. cap,
N.26'41'53" E. 30.36 feet to a found 5/8" iron pin; N. 76"47'17"
E. 39.82 feet to a found 5/8" iron pin, and N.77'53'18" E.
141.89 feet to the West 1116 line of Section 9; thence,
S.0'41'49" E. along West 1/16 line of Section 9 573.42feet;
thence, .N.89'46'55" W. 112.95 feet; thence, N. 79'22'54'W.
41.00 feet; thence, S.89'10'52'W. 132.25 feet to the point of
curvature of a 277.41 foot radius curye to the right having a
central angle of 39"38'46", the radius point of which bears
N.0"49'07" W; thence along said curve 191.96 feet to the point
of tangency; thence, N.51'10'21" W. 608.46 feet to the TRUE
POINT OF BEGINNING.
4. Unwarranted "As ls" Condition. Within one hundred twe nty (120) days
following Commission authorization and approval of the transfer of title, IPC shall update
any non-updated Pedestals with new pedestals; however, IPC does not warrant the
upgrades or the new Pedestals to any degree. lt is understood and agreed that the Trust
will inspect the Pedestals and satisfy itself as to the Pedestals' physical and
environmental condition following the upgrades and that Golden Hills trailer park, 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
TRANSFER OF TITLE AGREEIVENT Page 2 of 5
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 materiais heretofore or hereafter furnished to the Trust in connection with
the Pedestals. Any and all such data, information, and other materials furnished by IPC
is provided to the Trust as a convenience and any reliance on or use of the same shall
be at the Trust's sole risk and responsibility.
IPC and the Trust 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 THE TRUST WITHOUT RECOURSE (EVEN AS
TO THE RETURN OF THE PURCHASE PRICE), COVENANT, OR WARRANTY OF ANY
KIND, EXPRESS, IIMPLIED, OR STATUTORY, AND IPC IS CONVEYING THE
PEDESTALS COVERED HEREBY "AS IS" AND "WITH ALL FAULTS," AND WITHOUT
REPRESENTATTON OR WARRANTY, EXPRESS OR ltvlPLlED, (ALL OF WHTCH tPC
HEREBY DISCLAIN4S AND NEGATES) AS TO FITNESS FOR ANY PARTICULAR
PURPOSE, CONFORTMITY TO t\XODELS OR SAIMPLES OR IMATERIALS,
I\XERCHANTAB ILITY, DES IG N, QUALITY, CON DITION, OPERATION, COTV1PLIANCE
WITH SPECIFICATION, ABSENCE OF LATENT DEFECTS, OR COIVPLIANCE WITH
LAWS AND REGULATTONS (tNCLUDING, WITHOUT Lttvl|TAT|ON, THOSE RELATTNG
TO HEALTH, SAFETY, AND THE ENVIRONMENT), TO THE EXTENT APPLICABLE
AND PERIMITTED BY LAW.
5. Release and lndemnification. The Trust here by 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 the Trust or any third party related to the transfer of
Pedestals hereunder. This release and transfer does not impact any remedies available,
at law or in equity, relating to the installation of the pedestals.
6. Entire Aqreement. This Agreement, including its exhibit, 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 Secti onN umberi and Headinos Section headings 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. 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.
TRANSFER OF TITLE AGREEN/ENT Page 3 of 5
erry
lN 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, one hundred twenty (2A) days following Commisslon approval.
J.L.P. TRUST
state orCd$fl,^)
county or Piutri;veul
tt'
on this &Ut" day of in the year of 2018, personally
appeared before me Jerry Preece, persona lly known to me to be the person whose name
is subscribed
same.
to the within instrument, and to me that he executed the
PIJBLE o
Notary
Residing at:
My commission expires on
JCS Properties
Jack Sherrill
State of )
)
)
SS.
County of
On this day of , in the year of 2018, personally
appeared before me Jack Sherrill, personally known to me to be the person whose name
is subscribed to the within instrument, and acknowledged to me that he executed the
same.
Notary Public for:
Residing at:
TRANSFER OF TITLE AGREEMENT
lVly commission expires on
.[' PaSe 4 of 5
!
i
I
Oct30 18,1222p p'1
lN WITNES$ETH WHEREOF, the Part:ies hereto execute this Agreement as of the
date and year first above written, and the assets are hereby conveyed, AS lS, WHERE
lS, one hundred twenty (120) days follov,ring Commission aoproval.
J.L.P. TRUST
Jerry Preece,_flrrlE)
State of
SS
County of
On this day of in the year of 2018, personally
appeared before me Jerry Preece, personally known to me to be the person whose name
is subscribed to the within instrument, and acknowledged to rne that he executed the
same.
Notary Public for:
Residing at
My commission expires on
J perties
Sherrill,
State of frz
county or fl'nJ. i
*'
On this D&,of in the year of 2018, personally
me to be the person whose nameappeared before me Jack Sherrill, personally known to
is subscribed to the within instrurnent, and acknowledged to me that he executed the
same.
Pu ic for
Resi ing at:ft
@
MONA E.WILMOI
Notary Public - Arizona
Pinal County
My Comm. Expires rul 8, 2021
TRANSFER OF TITLE AGREEMENT
lVly commission expires on
{'Page a of 5
dadt
)
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)
u
IDAHO POWER COTVPANY
<--
Troy Knob tch, Regional Operations Nlanager
State of ldaho )
)ss
County of 6a^r*rct'- )
On this (e day of !.)or1cg5'6=*in the year of 2018, personally
appeared before me Troy Knoblich, personally known to me to be the person whose name
is subscribed to the within instrument, and acknowledged to me that he executed the
same.
Notary Public for:
Residing at
['/y commission expires on
AAATTHEW PALLANTE
Notary Public - State of ldaho
Commission Nurnber 20 1 80296
lrly Commission Expires Feb 14' 207'4
TRANSFER OF TITLE AGREEMENT Page 5 of 5
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Pedestal
tump
Meter Point
- Below
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1PH
EXHIBIT A
201 9 AGREEMENT
TRANSFER OF TITLE AGREEMENT
This Transfer of Title Agreement ("Agreement") is entered into by and among
ldaho Power Company, an ldaho corporation, with principal offices at 1221 West ldaho
Street, Boise, ldaho 83702 ("lPC") and J.L.P. Trust and JCS Properties with principal
offices at 415 Addison Avenue, Suite 3, Twin Falls, ldaho 83301
Trust" and the owner of the property described herein) as of this
19,
authorization of the ldaho Public Utilities Commission ("lPUC" or "Commission") as
required by l.C. S 61-328. IPC and the'l-rust may be referred to individr-rally as a"Party"
or collectively as the "Parties."
WHEREAS, priorto 1981, IPC installed, ownecj, and inaintained meter r,edestals
in rnobile home parks; since March 31, 1981, meterpedestals have been provided and
owned by mobile home owners 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;
WHEREAS, IPC and the Trust previously entered into a Transfer of Title
Agreement dated November 6, 2018, for twenty-two (22) meter pedestals located in
space numbers 221-233 and 235-243; and
WHEREAS, IPC agrees to convey and, in exchange for the replacement of
certain other existing meter pedestals, the Trust agrees to accept title of certain meter
pedestals within the Golden Hills trailer park.
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 the Trust 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. Conrmission Reouired.This Agreement for transfer of IPC
assets is contingent upon the authorization of the IPUC pursuant to l.C. S 61-328 unless
the Commission determines othenruise. The Agreement shall be executed by the
Parties and submitted to the IPUC for review. The transfer of title described herein shall
go into effect seven hundred thirty (730) calendar days following IPUC authorization of
the transaction. lf such IPUC authorization is not obtained, this Agreement shall not
take effect.
TRANSFER OF TITLE AGREEMENT Page 1 of 5
3. Transfer of Title. ln consideration of the reduced maintenance and
expense to IPC and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, lPC, effective seven hundred thirty (730) calendar
days following approval of the Commission, hereby bargains, sells, assigns, transfers,
grants, and conveys unto the Trust all of IPC's title and interest (subject to the
limitations set forth below) in and to the one hundred forty-eight (148) meter pedestals
owned by IPC located in space numbers 2-22,94-186, 207,209-219, and 221-244 as
hereinafter described and identified in Exhibit A (the "Pedestals").
The Pedestals are electro-mechanical, free-standing, partially buried, one-piece units
that contain IPC's meter and cable terminations, the space'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. The Pedestals transferred, conveyed, and
assigned herein are contained within the Golden Hills Mobile Home Park located at
1900 West Quinn, Pocatello, ldaho 83202. The Golden Hills Mobile Home Park
is approximately 31 acres of land, more or less, consisting of the two parcels described
in Exhibit B.
4. Unwarranted "As ls" Condition. Within seven hundred thirty (730) days
following Commission authorization and approval of the transfer of title, IPC shall
update any non-updated Pedestals with new pedestals; however, IPC does not warrant
the upgrades or the new Pedestals to any degree. lt is understood and agreed that the
Trust will inspect the Pedestals and satisfy itself as to the Pedestals' physical and
environmental condition following the upgrades and that Golden Hills trailer park, 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 the Trust in
connection witl, the Pedestals. Any and a!! qr:ch datR, information, and othei'materials
furnished by IPC is provided to the Trust as a convenience and any reliance ,)D or use
of the same shall be at the Trust's sole risk and responsibility.
IPC and the Trust 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 BE]NG TRANSFERRED BY IPC TO THE TRUST WITHOUT RECOURSE (EVEN
AS TO THE RETURN OF THE PURCHASE PRICE), COVENANT, OR WARRANry
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
TRANSFER OF TITLE AGREEMENT Page 2 of 5
PARTICULAR PURPOSE, CONFORMITY TO MODELS OR SAMPLES OR
MATERIALS, MERCHANTABILITY, DESIGN, QUALITY, CONDITION, OPERATION,
COMPLIANCE WITH SPECIFICATION, ABSENCE OF LATENT DEFECTS, OR
CoMPLTANCE W|TH LAWS AND REGULATIONS (tNCLUDtNG, WTTHOUT
LIMITATION, THOSE RELATING TO HEALTH, SAFEry, AND THE ENVIRONMENT),
TO THE EXTENT APPLICABLE AND PERMITTED BY LAW.
5. Release and lndemnification. The Trust hereby releases IPC and the
employees, officers, directors, and agents of IPC and/or its affiliates fronr 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 omissirrns of the Trust or any third party related to the
transfer of Pedestals hereunder. This release and transfer does not impact any
remedies available, at law or in equity, relating tc the installatlon :f the Pedestals.
6. Entire Aqreement. 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 Numbering and Headinqs. Section headings 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.
8. 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 ai'e materially increased so as to be unjust or inequitable.
(SiEnefu;e :. tc {ollov:. }
TRANSFER OF TITLE AGREEMENT Page 3 of 5
lN 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, seven hundred thirty (730) days following Commission approval.
J.L.P. TRUST
State of
SS
County
on this lt, h duy of ,.'l U L , in the year of 2019, personally
appeared o"tore rne lerry prbece@ to me to be the person whose
name is subscribed to the within instrument, and acknowledged to me that he executed
the same.
orT-r^^b-fu!=s-l'"County
Notary Publ
Residing at:
My commission expires on
Notary Public
4
JCS P
Sherrill
IState cf ld^h "
On this Lt ^n' day of , in the year of 2019, personally
appearedbeforemeJackSherrill,ffitometobethepersonwhose
name is subscribed to the within instrument, and acknowledged to me that he executed
the same.
co[Nil NttlEER201t"0e$
rprAF7616116
$rtc til ldrho
comGslor{ rs,^tBER 201 !.O0oE
NOTAFTPI Buc
$rtcol Eeho
Residing at:
Page 4 of 5TRANSFER OF TITLE AGREEMENT
My commission expires on ,l
TRANSFER OF TITLE AGREEMENT Page 5 of 5
IDAHO POWER COMPANY
nal Operations Manager
State of ldaho )
) ss.
County of basug&_)
On this 't6 day of Jr.l,-*{, in the year of 2019, personally
appear"ed before rne Jon Post, personaily knolvn to me to be the person whose name is
subscribed to the within instrument, and acknowledged to me that he executed the
same.
Notary Publ
Residing at:
My commission expires on
rc.. A{ATTHEW PATLAXTE
-r,totary
publlc _ State of Haho
- Lommission Nunrbcr ZOlgOZg6ry conmission Expires Feb 14, Zf/Zi.
TRANSFER OF TITLE AGREEMENT Page 6 of 5
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EXHIBIT B
FIRST PARCEL:
A parcel of land located in the Southwesl 114 of Section 9, Township 6
South, Range 34 East, Boise Meridian, Bannock County, ldaho, and more
particularly described as follows:
Beginning at the Southwest corner of Section 9, lnstrument No. 755845;
thence North 0"40'16" West along the West line of Section 9, a distance of
1,041.07 feet; thence East, a distance of 25.2 feet to the Southwest corner
of Golden Hills Manor, a found 5lB inch iron pin, the true point of
beginning; thence South 89"25'C6" East along the South lirie of Golden
Hills tt/anor, a distance of 268.21 feet to a found 2" aluminum cap; thence,
continuing along said South line South 51'09'00" East, a distance of
113.35 feet to a found 2" aluminum cap; thence North 38"42'34" East, a
distance of 5.03 feet; thence leaving the South line of Golden Hills Manor
South 51"10'21" East, a distance of 608.46 feet to the point of curvature of
a 277.41 foot radius curve to the left, having a central, angle of 39'38'46",
the radius point of which bears North 30'49'39" East; thence along said
curve a distance of 191.96 feet to the point of tangency; thence North,
09'10'52" East, a distance of 132.25 feet; thence South 79'22'54" East, a
distance of 41.00 feet; thence South 89"46'55'East, a distance of 112.94
feet to the West 1/16 line of Section 9; thence South 0"41'49" East along
the West 1/16 line, a distance of 521.16 feet to the South line of Section 9
and the West 1/16 corner, lnstrument No. 762802; thence South 89'57'05"
West along said South line, a distance of 1,291.34 feet to an intersection
with the easterly right of way line of Philbin Road; thence North 0"40'16"
West, a distance of 1,041.05 feet to the true point of beginning.
SECOND PARCEL:
A parcel of land located in the SW 1i4 of Section g, Township 6 South,
R.ange 34 Ea;t, Boise Mericjia;i, B:i-rnock Lounty, iiaho, anci ir..,i-C
particularly described as follows:
Beginning at the Southwest corner of Section 9, lnstrument No. 755845:
thence N.0'40'16" W.along the West line of Section I971.16 feet; thence
East 383. 99 feet to a point on the South line of Golden Hills Manor and
the TRUE POINT OF BEGINNING; thence in successive courses along
the South line of Golden Hills ltttanor N.38"42'34" E. 135.03 feet to a found
518" iron pin, N.49'39'25" E. 96.27 feet to a found 2" alum. cap,
S.51'19'21" E. 181.93 feet to a found 2" alum. cap, N.89'24'29" E. 439.45
feet to a found 2" alum. cap, N.26o41'53" E. 30.36 feet to a found 5/8" iron
pin; N. 76'47'17" E. 39.82 feet to a found 5/8" iron pin, and N.77'53'18" E.
141.89 feet to the West 1/16 line of Section 9; thence, S.0'41'49 E. along
West 1/16 line of Section I573.42 feet; thence, N.89'46'55'W. 1'12.95
feet; thence, N.79'22'54" W.41.00 feet; thence, S.89"10'52" W.132.25
feet to the point of curvature of a 277.41 foot radius curve to the right
having a central angle of 39'38'46", the radius point of which bears
N.0"49'07" W; thence along said curye 191.96 feet to the point of
tangency; thence, N.51'10'21" W.608.46 feet to the TRUE POINT OF
BEGINNING.
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
GASE NO. IPC-E-19-26
IDAHO POWER COMPANY
ATTACHMENT 2
PROPOSED AGCOUNTING ENTRIES
The following proposed entries will record the removal, upgrade, and transfer of the meter
pedestals and associated equipment to the Golden Hills Mobile Home Park ("Golden
Hills"). To estimate the retirement amount associated with Golden Hills' existing meter
pedestals, ldaho Power Company multiplied the unit cost of the vintage year 1980 meter
pedestals by 170, for an estimated retirement of $17,170.11. Final dollar amounts for the
remaining entries cannot be determined until the upgrade work is complete.
108000Accumulated Provision for Depreciation $17,170.01
101000 Electric Plant in Service $17 ,170.01
To record the (estimated) retirement of old meter pedestals and assocr,afed equipment,
108000 Accumulated Provision for Depreciation $XXX
131201 Cash $XXX
To record cosfs to remove old meter pedesfa/s and associated equipment.
107000 Construction Work in Progress $XXX
131201 Cash $XXX
To record cosfs to install new meter pedestals and associated equipment.
101000 Electric Plant in Service $XXX
107000 Construction Work in Progress $XXX
C/ose work order cosfs to plant for new meter pedestals and assocrafed equipment.
108000 Accumulated Provision for Depreciation $XXX
101000 Electric Plant in Service
To record meter pedesfa/s fransfened/retired to Golden Hills.
$XXX