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HomeMy WebLinkAbout20190913notice_of_application_order_no_34439.pdfOffice of the Secretary Service Date September 13,2019 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF IDAHO POWER'S )CASE NO.IPC-E-19-26 APPLICATION FOR AUTHORITY TO )TRANSFER TITLE OF GOLDEN HILLS )NOTICE OF APPLICATION MOBILE HOME PARK METER )PEDESTALS )NOTICE OF )MODIFIED PROCEDURE )NOTICE OF TELEPHONIC )HEARING )ORDER NO.34439 On August 1,2019,Idaho Power Company ("Company")filed an Application with the Commission seeking approval of two (2)Transfer of Title Agreements ("Agreements")for the total transfer of 170 meter pedestals in the Golden Hills Mobile Home Park ("Golden Hills")in Pocatello from the Company to J.L.P.Trust and JCS Properties (collectivelythe "Trust"),owners of Golden Hills. With this Order the Commission issues a Notice of Application,Notice of Modified Procedure,sets public comment and Company reply comment deadlines,and sets a telephonic public hearing. BACKGROUND The Company submitted its Application under the electric utility asset transfer statute, Idaho Code §61-328.The Company requested that its Application be processed under Modified Procedure,Rule 201 et seq.See IDAPA 31.01.01.201 through.204.Alternatively,the Company suggested the Commission could confirm its Application's approval is unnecessary under the Commission's Rule of Procedure 274.See IDAPA 31.01.01.274 (noting the "Commission may summarily accept settlement of an essentially private dispute that has no significant implications for regulatory law or policy or for other utilities or customers upon the written request of the affected parties").At the Decision Meeting on September 10,2019,the Commission agreed with Staff's recommendation that the Company's Application be processed under Modified Procedure. Typically,the use of Modified Procedure contemplates written submissions without a live hearing. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF TELEPHONIC HEARING ORDER NO.34439 1 However,Idaho Code §61-328 states the Commission "shall issue a public notice and shall conduct a public hearing upon the application (emphasis added)." NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED that in its Application,the Company asks the Commission to approve two (2)Agreements with the Trust.The first agreement,dated November 6,2018,encompasses 22 meter pedestals.The second agreement,dated July 16,2019, encompasses 148 meter pedestals.Copies of the Agreements between the Company and the Trust are attached to the Application. YOU ARE FURTHER NOTIFIED that the lots at Golden Hills are individually metered and the Company has a direct billingrelationship with one (1)or more tenants at each lot. YOU ARE FURTHER NOTIFIED that the Company will update meter pedestals before transferring them to the Trust under the Agreements. YOU ARE FURTHER NOTIFIED that the Trust will have an opportunity to inspect all meter pedestals before transfer,but the Company will not warrant upgrades to the pedestals. YOU ARE FURTHER NOTIFIED that no money will be exchanged under the Agreements. YOU ARE FURTHER NOTIFIED that the Application and supporting documentation have been filed with the Commission and are available for public inspection during regular business hours at the Commission's office.These documents are also available on the Commission's web site at www.puc.idaho.gov.Click on the "Open Cases"link under the heading "Electric"and click on the 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 31.01.01.000et seq. YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission's jurisdiction under Title 61 of the Idaho Code,including Idaho Code §§61-501 and 61-328.The Commission may enter any final Order consistent with its authority under Title 61. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF TELEPHONIC HEARING ORDER NO.34439 2 NOTICE OF MODIFIED PROCEDURE YOU ARE FURTHER NOTIFIED that the Commission has determinedthat the public interest may not require a formal hearing in this matter (other than the telephonic public hearing noticed below),and that it will proceed under Modified Procedure pursuant to Rules 201 through 204 of the Commission's Rules of Procedure.See 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. YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this Application may file a written comment in support or opposition with the Commission by no later than 21-days from the service date of this Order.The comment must contain a statement of reasons supporting the comment.Persons desiring a hearing must specifically request one in their written comments.Written comments concerning this Application shall be mailed to the Commission and the Company at the addresses reflected below: For the Commission:For the Company: Commission Secretary Lisa D.Nordstrom Idaho Public Utilities Commission 1221 West Idaho Street (83702) PO Box 83720 P.O.Box 70 Boise,ID 83720-0074 Boise,ID 83707 lnordstrom@idahopower.com dockets@idahopower.com These 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.gov.Click the "Utility 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. YOU ARE FURTHER NOTIFIED that the Company may file reply comments,if necessary,by no later than 28-days from the service date of this Order. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF TELEPHONIC HEARING ORDER NO.34439 3 NOTICE OF TELEPHONIC PUBLIC HEARING YOU ARE FURTHER NOTIFIED that the Commission's Rules of Modified Procedure contemplate that a case will be processed by written submissions without the need for a public hearing.However,the Commission finds good cause to schedule a public hearing in this case because the Company's Application is being processed under Idaho Code §61-328,and that statute requires a public hearing. YOU ARE FURTHER NOTIFIED that the Commission will conduct a public telephonic customer hearing in this matter on TUESDAY,OCTOBER 15,2019 AT 3:00 P.M. MDT.The purpose of the public hearing is to take testimony from members of the public and the Company's customers.To participate,interested persons can call (208)334-0300 shortlybefore or at the designated time. YOU ARE FURTHER NOTIFIED that the telephonic hearing will meet accessibility requirements of the Americans with Disabilities Act.Persons needing the help of a sign language interpreter or other assistance in order to participate in or to understand testimony at a public hearing may ask the Commission to provide a sign language interpreter or other assistance at the hearing.The request for assistance must be received at least five (5)working days before the hearing by contacting the Commission Secretary at: IDAHO PUBLIC UTILITIES COMMISSION PO BOX 83720 BOISE,IDAHO 83720-0074 (208)334-0338 (Telephone) (208)334-3762 (FAX) E-Mail:secretary@puc.idaho.gov ORDER IT IS HEREBY ORDERED that the Company's Applicationbe processed by Modified Procedure,Rule 201-204.See IDAPA 31.01.01.201 through .204.Persons interested in submitting written comments must do so by no later than 21-days from the date of this Order.The Company may file reply comments,if necessary,by no later than 28-days from the date of this Order. IT IS FURTHER ORDERED that a telephonic public hearing be held on the Company's Application on TUESDAY,OCTOBER 15,2019 AT 3:00 P.M.MDT. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF TELEPHONIC HEARING ORDER NO.34439 4 DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this day of September 2019. PAU KJELLÂNU ,PRESIDENT KRIS E RAPER,C MMÎSSIONER ERIC ANDERSON,COMMISSIONER Diane M.Hanian Commission Secretary I:\Legal\ELECTRIC\IPC-E-19-26\Orders\IPCE1926_NtcApp Mod Tele dh.docx NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF TELEPHONIC HEARING ORDER NO.34439 5