20230322Notice_of_Application_Order_No_35711.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF TELEPHONIC PUBLIC HEARING
ORDER NO. 35711 1

Office of the Secretary
Service Date
March 22, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF IDAHO POWER
COMPANY’S APPLICATION FOR AN
ORDER APPROVING THE TRANSFER OF
CERTAIN ASSETS ASSOCIATED WITH
RITTER ISLAND
)
)
)
)
)
)
)
)
)
)
)
CASE NO. IPC-E-23-07

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

NOTICE OF TELEPHONIC
PUBLIC HEARING

ORDER NO. 35711

On March 2, 2023, Idaho Power Company (“Company”), and the Idaho Department of
Parks and Recreation (“IDPR”) (together the “Parties”) applied to the Commission for approval of
an Asset Transfer Agreement between the Company and the IDPR (“Application”). As proposed,
the Company would transfer approximately 1.09 acres of land on Ritter Island (“Ritter Island”) to
the IDPR. The Application outlines a process whereby the Company would transfer to IDPR
certain electric facilities currently owned and used by the Company at Ritter Island located in
Gooding County, Idaho.
We now issue this Notice of Application, and establish dates for public and reply
comments, and set the time and date for a Telephonic Public Hearing.
BACKGROUND
Ritter Island is located south of Hagerman, Idaho “near the Thousand Springs area of the
Snake River.” Application at 2. The Company acquired approximately 1.09 acres of land on Ritter
Island in 1989 “as part of a Federal Energy Regulatory Commission (“FERC”) required mitigation
package” with the Company. Id. At the time, the property owned by the Company was part of a
portion of land refered to collectively as the Thousand Springs Project (“TSP”); the TSP was
owned by The Nature Conservancy (“TNC”). The Company cooperated with TNC in TNC’s
purchase of the TSP. Accordingly, TNC conveyed two homesites and certain conservation
easements to the Company. TNC later sold the TSP property to IDPR. The Company retained its
easements and homesites. “In exchange for supporting Idaho Power’s [plan to buy lands around
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF TELEPHONIC PUBLIC HEARING
ORDER NO. 35711 2

the mid-Snake hydro facilities to meet the FERC’s aquatic habitat migration requirements], IDPR
asked Idaho Power to relinquish the two homesites it owns on Ritter Island to IDPR, resulting in
a win-win situation for Idaho Power and IDPR.” Id. at 3. The Company would still be able to
utilize the conservation easement while addressing its aquatic habitat mitigation efforts.
The Company submits its Application for approval under the Idaho Electric Supplier
Stabilization Act, Idaho Code §§ 61-332 et. seq., and the electric utility asset transfer statute, Idaho
Code § 61-328.1
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED the Company states that the proposed conveyance was
part of negotiations that led to the relicensing of the Company’s mid-Snake hydro facilities.
YOU ARE FURTHER NOTIFIED that the Company states IDPR would be receiving this
conveyance “at zero cost to IDPR.” Application at 3. Section IV of the Application states: “The
original cost of the 1.09 acres of land was $504,985.48. To record the conveyance of the land, the
original cost would be removed from FERC Account 101, Electric Plant-in-Service, with an offset
to FERC Account 426.1, Donations.” Id. at 5.
YOU ARE FURTHER NOTIFIED the Company states that it is compliant with the three
prongs of Idaho Code § 61-328(3) regarding asset transfers. The Company states the conveyance
is in the public interest because the Company would otherwise have had to engage in costlier
alternatives to obtain its mid-Snake hydro facility licenses; the Company states that the conveyance
thus avoided an increase in the Company’s costs and ratepayers subsequent rates. The Company
also notes that IDPR is a governmental entity that will have “the bona fide intent and financial
ability to operate and maintain” the property for the public service. Id. at 5 (quoting Idaho Code §
61-328(3)(c)).
YOU ARE FURTHER NOTIFIED that the Application and Attachment No. 1 are available
for public inspection during regular business hours at the Commission’s office. The Application
and documents related to this case are also available on the Commission’s website at

1 The Company requested that its Application be processed under Modified Procedure, Rule 201 et seq. See IDAPA
31.01.01.201 through .204. Typically, the use of Modified Procedure contemplates written submissions without a live
public hearing. 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
NOTICE OF MODIFIED PROCEDURE
NOTICE OF TELEPHONIC PUBLIC HEARING
ORDER NO. 35711 3

www.puc.idaho.gov. Click on the “ELECTRIC” icon, select “Open Cases,” 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 31.01.01.000 et 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.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that in addition to holding the statutorily required
telephonic public hearing the Commission has determined it will review the case through written
submissions under the Commission’s Rules of Modified Procedure Rules 201 through 204 of the
Idaho Public Utilities Commission’s Rules of Procedure, IDAPA 31.01.01.201-204. 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 persons desiring to state a position on this
Application may file a written comment explaining why the person supports or opposes the
Application. Persons must file comments by May 3, 2023. Comments must be filed through the
Commission’s website or by e-mail unless computer access is unavailable. To comment
electronically, please access the Commission’s home page at www.puc.idaho.gov. Click the “Case
Comment Form” and complete the form using the case number as it appears on the front of this
document. To file by e-mail, the customer must e-mail the comments to the Commission Secretary
and the Company at the e-mail addresses listed below. If computer access is unavailable, then
comments may be mailed to the Commission and Company at these addresses:

For the Commission:

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

For the Company:

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

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF TELEPHONIC PUBLIC HEARING
ORDER NO. 35711 4

Street Address for Express Mail:

11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, ID 83714
[e-mail]
[e-mail]

YOU ARE FURTHER NOTIFIED that the Parties must file any reply comments by
May 10, 2023.
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
accordingly. If written comments are received within the time limit set, the Commission will
consider them in making its final decision.
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 Idaho Code § 61-328, requires it.
YOU ARE FURTHER NOTIFIED that the Commission will conduct a public telephonic
public hearing in this matter on THURSDAY, MAY 11, 2023, AT 11:00 A.M. (local time). The
purpose of the public hearing is to take testimony from members of the public and customers of
the Company. To participate, interested persons can call 1-415-655-0001 shortly before the
designated time, and enter the meeting number 2451 727 1983 when prompted. Those planning
to testify are encouraged to start calling in to the hearing at 10:45 a.m. (local time) on May 11,
2023.
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 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 working days before the hearing by contacting
the Commission Secretary at:

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF TELEPHONIC PUBLIC HEARING
ORDER NO. 35711 5

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 the Company’s Application be processed by Modified
Procedure, Rules 201-204. IDAPA 31.01.01.201 through .204. Persons interested in submitting
written comments must do so by May 3, 2023. The Parties must file any reply comments by May
10, 2023.
IT IS FURTHER ORDERED that a telephonic public hearing be held on the Company’s
Application on Thursday, May 11, 2023, at 11:00 A.M. (local time).
IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April 21,
2022. Generally, all pleadings should be filed with the Commission electronically and will be
deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service between
parties should continue to be accomplished electronically when possible. However, 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 PUBLIC HEARING
ORDER NO. 35711 6

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 22nd day of
March 2023.

ERIC ANDERSON, PRESIDENT

JOHN R. HAMMOND JR., COMMISSIONER

EDWARD LODGE, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\IPC-E-23-07 Ritter\orders\IPCE2307_Ntc_App_Mod_Tele_md.docx