20200710Notice_of_Application_Order_No_34721.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF TELEPHONIC HEARING
ORDER NO. 34721 1

Office of the Secretary
Service Date
July 10, 2020
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On June 3, 2020, Idaho Power Company (“Company”) applied to the Commission for
an order approving the Company’s transfer of a 1.91-acre parcel of land in Owyhee County, Idaho
(the “Parcel”) to Owyhee County (the “County”). The Company submitted its Application
pursuant to Idaho Code § 61-328 and requested its Application be processed by Modified
Procedure.
The Commission now issues this Notice of Application, Notice of Modified Procedure,
and Notice of Telephonic Hearing.
BACKGROUND
In 2008, the Company purchased 150 acres of land near Melba, Idaho that would later
become the site of the Hemingway Substation (“Substation”). The Company constructed a new,
unpaved access road on a portion of the 150 acres to provide access from Highway 78 to the
Substation. The Company’s access road travels parallel to and partly crosses the Wilson Cemetery
Road. Ever since the Company’s access road was constructed, visitors of the Wilson Cemetery
and adjacent property owners have been using the Company’s road rather than the existing Wilson
Cemetery Road. The Wilson Cemetery Road is now overgrown and impassable.
In July 2019, the County denied a building permit for one resident along the south of
Wilson Cemetery Road because the resident could not prove public access to their property. The
County would not grant a waiver or variance upon request. On February 14, 2020, to re-establish
legal access for the landowners south of Wilson Cemetery Road, the Company executed and
IN THE MATTER OF IDAHO POWER
COMPANY’S APPLICATION FOR AN
ORDER APPROVING THE TRANSFER OF
CERTAIN ASSETS ASSOCIATED WITH
THE HEMINGWAY SUBSTATION
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CASE NO. IPC-E-20-25

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

NOTICE OF TELEPHONIC
HEARING

ORDER NO. 34721
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF TELEPHONIC HEARING
ORDER NO. 34721 2

recorded a deed conveying the Parcel to the County subject to an easement reserving access for
the Company.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Company must obtain approval of the
Commission before it sells or transfers ownership of any property located in Idaho used in the
generation, transmission, or distribution of electricity in Idaho. Idaho Code § 61-328(1). The
Company’s Application states the transfer of the Parcel meets the requirements of Idaho Code §
61-328(3).
YOU ARE FURTHER NOTIFIED that the Application states the original cost of the
Parcel was $26,488, but its book value with improvements at the time of transfer was $41,394.
The Company conveyed the Parcel to the County for ten dollars.
YOU ARE FURTHER NOTIFIED that the Company will maintain access to the
Substation via an easement described in the deed. See Attachment 2. The Company will no longer
have to maintain the Parcel.
YOU ARE FURTHER NOTIFIED that the Application, Attachments, and Exhibits are
available for public inspection during regular business hours at the Commission’s office. The
Application is also available on the Commission’s web site at www.puc.idaho.gov. Click on the
“ELECTRIC” tab at the top of the home page, then select “Open Cases” and then locate and click
on the case number as shown on the front of this document.
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. The Commission may
enter any final order consistent with its authority under Title 61.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted
pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the public
interest may not require a formal hearing in this matter, and that it will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the 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.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF TELEPHONIC HEARING
ORDER NO. 34721 3

YOU ARE FURTHER NOTIFIED that anyone desiring to state a position on this
Application must file a written comment in support or opposition with the Commission by August
25, 2020. The comment must explain why the person supports or opposes the Application. Persons
desiring a hearing must specifically request a hearing in their written comments. Written comments
concerning this Application shall be sent electronically, unless email is not available, to the
Commission and the Company at the email addresses reflected below:
For the Idaho PUC:

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
[e-mail]

For Idaho Power:

Lisa D. Nordstrom
Matt Larkin
1221 West Idaho St (83702)
P.O. Box 70
Boise, ID 83707
[e-mail]
[e-mail]
[e-mail]

Comments should contain the case caption and case number shown on the first page of this
document. Persons desiring to submit comments via email may do so by accessing the
Commission’s home page located at www.puc.idaho.gov. Click the “Consumers” tab then click
the “Case Comment Form” 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 must file any reply comments by
September 1, 2020.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received
within the 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.
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
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF TELEPHONIC HEARING
ORDER NO. 34721 4

case because the Company filed its Application seeking approval of an asset transfer 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 August 4, 2020 AT 2:00 P.M. MST.
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 1-800-920-7487 shortly before
or at the designated time, and enter the passcode 6674832# when prompted.
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
P.O. BOX 83720
BOISE, IDAHO 83720-0074
[phone] (Telephone)
[phone] (FAX)
[e-mail]
O R D E R
IT IS HEREBY ORDERED that a telephonic public hearing be held in this case on
TUESDAY August 4, 2020 at 2:00 P.M. MST.
IT IS FURTHER ORDERED that the Company’s Application be processed by
Modified Procedure, Rule 201-204 (IDAPA 31.01.01.201-.204). Persons interested in submitting
written comments must do so by August 25, 2020. The Company must file any reply comments
by September 1, 2020.
IT IS FURTHER ORDERED that parties continue to comply with Order No. 34602,
issued March 17, 2020. All pleadings should be filed with the Commission electronically and shall
be deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service
between parties should also be accomplished electronically. Voluminous discovery-related
documents may be filed and served on CD-ROM or a USB flash drive.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF TELEPHONIC HEARING
ORDER NO. 34721 5

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 10th
day of July 2020.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Diane M. Hanian
Commission Secretary

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