20190906Decision Memo.pdf

DECISION MEMORANDUM
TO COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:DAYN HARDIE
DEPUTY ATTORNEY GENERAL
DATE: SEPTEMBER 6,2019
SUBJECT: IDAHO POWER'S APPLICATION FOR AUTHORITY TO TRANSFER
TITLE OF GOLDEN HILLS MOBILE HOME PARK METER
PEDESTALS; CASE NO. IPC-E-19-26.
On August 1,20l9,ldaho Power Company ("Company") filed an Application with the
Commission seeking approval of two (2) Transfer of Title Agreements ("Agreements"), which
taken together would transfer 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 (collectively the
"Trust"), owners of Golden Hills. The Company submitted its Application under ldaho Code $ 6l-
328. The Company requests that its Application be processed under Modified Procedure, or that it
be aff,rrmed that Commission approval is not required for this transfer under Commission Rule of
Procedure 27 4. IDAPA 3 l.0l .01.27 4.
THE APPLICATION
The Company and the Trust executed two (2) separate transfer of title agreements
contemplating the transfer of all 170 pedestals at Golden Hills. Application at 3. The first
agreement, dated November 6,2018, encompassed22 meter pedestals. Id.The second agreement,
dated July 16,2019, encompassed the remaining 148 meter pedestals. 1d. No money will be
exchanged as a result of either transaction. Id. at 5. Before the transfer, the Company will upgrade
certain meter pedestals requiring maintenance and, after inspection, the Trust will accept them "AS
IS" and "WITH NO FAULTS." Application at 3; Attachment I at l-2.
IDECISION MEMORANDUM
STAFF RECOMMENDATION
Idaho Code $ 6l-328 states the Commission shall issue a public notice and shall
conduct a public hearing upon the Application" (emphasis added). To fulfill its statutory
requirement, Staff recommends that the Commission issue a Notice of Application, Notice of
Modified Procedure, and Notice of Telephonic Public Hearing. Staff recommends setting a2l-day
comment deadline, a seven (7) day reply comment deadline, and a telephonic public hearing before
the Commission deliberates
COMMISSION DECISION
Does the Commission wish to issue a Notice of Application, Notice of Modified
Procedure, and a Notice of Telephonic Hearing with a2l-day comment deadline, a seven (7) day
reply comment deadline, and a telephonic public hearing before the Commission deliberates?
Dayn Hardie
Deputy Attorney General
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2DECISION MEMORANDUM