20231205Decision Memo.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: ADAM TRIPLETT
DEPUTY ATTORNEY GENERAL

DATE: DECEMBER 5, 2023

SUBJECT: IN THE MATTER OF IDAHO POWER COMPANY’S APPLICATION
FOR AN ORDER APPROVING THE TRANSFER OF CERTAIN ASSETS
ASSOCIATED WITH TRANSMISSION PLANT HELD FOR FUTURE
USE; CASE NO. IPC-E-23-31

On November 8, 2023, Idaho Power Company (“Company”), applied for an order
approving the transfer of an approximately 1.227-acre strip of former railroad line in Valley
County, Idaho to a private party. The Company asserts that the proposed transfer complies with
Idaho Code § 61-328. The Company requests that the Application be processed by Modified
Procedure.
BACKGROUND
In 1985, the Company obtained approximately 90 acres of abandoned railroad line in
Valley County from the Union Pacific Railroad, intending to use the land for a transmission
corridor. Subsequently, the Company has sold various parcels of the former railroad line to
adjacent landowners while retaining easements authorizing the Company to construct a
transmission line in the future.
THE APPLICATION
The proposed transfer would result in the Company conveying the 1.227-acre strip of
former railroad line to adjacent private landowners, with the Company retaining a powerline
easement over the entire parcel. The Company represents the proposed $2,000 sale price is the
market value of the property and the proposed transaction satisfies Idaho Code § 61-328 because
it will relieve the Company of maintenance costs related to the parcel without relinquishing the
right to use it for a transmission corridor in the future. At the same time, the parcel will be
DECISION MEMORANDUM 2
conveyed to individuals who intend to farm or otherwise maintain it. Thus, according to the
Company, the transaction will result in the parcel being put into service without impacting the
Company’s ability to provide safe and reliable service to customers.
STAFF RECOMMENDATION
Idaho Code § 61-328 states that the Commission “shall conduct a public hearing”
before authorizing certain asset transfers by electric public utilities or electrical corporations. To
fulfill this statutory requirement, Staff recommends the Commission issue a Notice of
Application, Notice of Modified Procedure, and a Notice of Telephonic Public Hearing. Staff
recommends a January 18, 2024 public comment deadline, a January 25, 2024 company reply
deadline, and a telephonic public hearing scheduled 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 Public Hearing, with a public comment deadline of
January 18, 2024, a company reply deadline of January 25, 2024, and a telephonic public hearing
before the Commission deliberates?

_____________________________
Adam Triplett
Deputy Attorney General

I:\Legal\ELECTRIC\IPC-E-23-31_Asset Transfer\memos\IPCE2331_dec_at.doc