20231129Application.pdf

LISA D. NORDSTROM
Lead Counsel
[e-mail]

November 29, 2023

VIA ELECTRONIC FILING

Commission Secretary
Idaho Public Utilities Commission
11331 W. Chinden Blvd., Bldg 8,
Suite 201-A (83714)
PO Box 83720
Boise, Idaho 83720-0074

Re: Case No. IPC-E-23-32
In the Matter of the Joint Application of Idaho Power Company and United
Electric Co-Op, Inc., to Approve a Territory Allocation Agreement

Dear Commission Secretary:

Enclosed for electronic filing please find the Joint Application in the above matter.

If you have any questions about the attached documents, please do not hesitate
to contact me.

Very truly yours,

Lisa D. Nordstrom
LDN:cd
Enclosures
RECEIVED
2023 NOVEMBER 29, 2023 4:47PM
IDAHO PUBLIC
UTILITIES COMMISSION

JOINT APPLICATION - 1
LISA D. NORDSTROM (ISB No. 5733)
Idaho Power Company
1221 West Idaho Street (83702)
P.O. Box 70
Boise, Idaho 83707
Telephone: [phone]
[e-mail]

Attorney for Idaho Power Company

Lance A. Loveland (ISB No. 5787)
PARSONS, SMITH, STONE, LOVELAND
& SHIRLEY, LLP
137 West 13th Street
P.O. Box 910
Burley, Idaho 83318
Telephone: [phone]
[e-mail]

Attorney for United Electric Co-op, Inc.

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT
APPLICATION OF IDAHO POWER
COMPANY AND UNITED ELECTRIC
CO-OP, INC., TO APPROVE A
TERRITORY ALLOCATION AGREEMENT

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CASE NO. IPC-E-23-32

JOINT APPLICATION

Idaho Power Company (“Idaho Power”) and United Electric Co-op, Inc. (“United
Electric”), in accordance with Idaho Code § 61-332, et seq., and RP 52, hereby
respectfully make application to the Idaho Public Utilities Commission (“Commission”)
for an order approving the Territory Allocation Agreement (“Agreement”) between Idaho

JOINT APPLICATION - 2
Power and United Electric Co-Op Inc. (hereinafter referred to as a “Party” or “Parties”).
The Agreement is attached to this Joint Application as Attachment 1.
In support of this Application, the Parties represent as follows:
I. BACKGROUND
United Electric and Idaho Power each own and operate electrical power systems
that provide electric service to customers in Southern Idaho. Idaho Power and United
Electric currently have specific service territories in accordance with the terms and
conditions of Idaho Code 61-332, et seq., the Idaho Electric Supplier Stabilization Act
(“the Act”).
Aaron Hepworth (“Mr. Hepworth”) owns a parcel of land approximately 221.55
acres in size, which is located within the service territory of Idaho Power, and currently
has residential and irrigation service accounts with Idaho Power. Mr. Hepworth wishes
to receive electric service for a new irrigation pump that will be constructed on the
northeastern, approximate 26.90-acre portion of such parcel of land, as identified in
Section 1 below and hereinafter referred to as the “Property.”
Idaho Power currently has three phase power located near the southwest corner
of the property, approximately a half-mile south of Mr. Hepworth’s requested service
location. In order for Idaho Power to serve the property with the necessary three phase
power service, Mr. Hepworth would need to pay to have Idaho Power’s existing three
phase distribution line extended for approximately one half of a mile.
Mr. Hepworth’s property is adjacent to United Electric’s service area. United
Electric has three phase power approximately 345 feet from the desired irrigation

JOINT APPLICATION - 3
pump’s location. Please see Attachment 2 to view a map illustrating the location of
United Electric’s lines, Idaho Power’s lines, and the property.
It is less expensive for Mr. Hepworth to interconnect to United Electric’s system
for three-phase service to the irrigation pump than it is to interconnect to Idaho Power’s
system for the same. Mr. Hepworth also has one or more service accounts with United
Electric.
II. TERRITORY ALLOCATION AGREEMENT
The Parties have entered into this Agreement to allow United Electric to provide
three-phase electric service to Aaron Hepworth at the following Property: NE¼ of the
NE¼ of Section 16 lying South and East of the Southside Canal (with exceptions as
defined in Attachment 1), Township 9 South, Range 25 East of the Boise Meridian,
Cassia County, Idaho. Notwithstanding Idaho Power’s right to be the sole provider of
electric service to the Property pursuant to Section 61-332C of the Act, by the
Agreement, Idaho Power agrees to allow United Electric the right to provide electric
service to this Property.
The Parties believe that the Agreement benefits Mr. Hepworth with lower line
extension charges, will avoid duplication of facilities, and will avoid disputes between
the Parties.
The Parties believe that a technical hearing is not necessary to consider the
issues presented herein and respectfully request that this Application be processed
under Modified Procedure, i.e., by written submissions rather than by hearing. RP 201
et seq.

JOINT APPLICATION - 4

III. COMMUNICATIONS AND SERVICE OF PLEADINGS
Communications and service of pleadings with reference to this Application
should be sent to the following:
Lisa D. Nordstrom Riley Maloney
Idaho Power Company Idaho Power Company
1221 West Idaho Street (83702) 1221 West Idaho Street (83702)
P.O. Box 70 P.O. Box 70
Boise, Idaho 83707 Boise, Idaho 83707
[e-mail] [e-mail]
[e-mail]

Lance A. Loveland Sam Andrew
Parsons, Smith, Stone, Loveland & United Electric Co-op, Inc.
Shirley, LLP 1330 21st Street
P.O. Box 910 Heyburn, Idaho 83336
Burley, Idaho 83318 [e-mail]
[e-mail]

IV. CONCLUSION
Idaho Power and United Electric respectfully request the Commission approve
the Territory Allocation Agreement to allow United Electric to extend its facilities to
provide service to Mr. Hepworth at the above-described Property.
DATED at Boise, Idaho, this 29th day of November, 2023.

_____________________________
LISA D. NORDSTROM
Attorney for Idaho Power Company

_____________________________
LANCE A. LOVELAND

JOINT APPLICATION - 5

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 29th day of November 2023 I served a true and
correct copy of the within and foregoing JOINT APPLICATION upon the following
named parties by the method indicated below, and addressed to the following:

United Electric Co-op, Inc.
Lance A. Loveland
PARSONS, SMITH, STONE, LOVELAND
& SHIRLEY, LLP
137 West 13th Street
P.O. Box 910
Burley, Idaho 83318

Hand Delivered
U.S. Mail
Overnight Mail
FAX
X Email [e-mail]

Sam Andrew, Staking Technician
United Electric Co-op, Inc.
1330 21st Street
Heyburn, Idaho 83336
Hand Delivered
U.S. Mail
Overnight Mail
FAX
X Email [e-mail]

Customer
Aaron Hepworth
225 S 94 E
Burley, Idaho 83318

Hand Delivered
U.S. Mail
Overnight Mail
FAX
X Email [e-mail]

________________________________
Christy Davenport, Legal Assistant

BEFORE THE

IDAHO PUBLIC UTILITIES COMMISSION

CASE NO. IPC-E-23-32

IDAHO POWER COMPANY

ATTACHMENT 1

TERRITORY ALLOCATION AGREEMENT
This Territory Allocation Agreement (“Agreement”) is entered into this
day of November 2023, by and among, United Electric Co-op, Inc., an Idaho
cooperative corporation (hereinafter “United Electric”), Idaho Power Company, an Idaho
corporation (hereinafter “IPC”) and Customer, Aaron Hepworth a sole proprietor, located
at Cassia County, Idaho (hereinafter “Customer”).
RECITALS
A. United Electric and IPC each own and operate electrical power systems
that provide electric service to customers in Southern Idaho.
B. IPC and United Electric currently have specific service territories in
accordance with the terms and conditions of Idaho Code 61-332, et seq., the Idaho
Electric Supplier Stabilization Act (“the Act”).
C.Customer owns approximately 221.55 acres located within the service
territory of IPC and currently has residential and irrigation service accounts with IPC.
The Customer has requested electrical service from United Electric to serve a new
irrigation pump that will be constructed on the northeastern, approximate 26.90 acre
portion of such parcel of land, as identified in Section 1 below and hereinafter referred
to as the “Property”.
D. It is less expensive for the Customer to interconnect to United Electric’s
system for three-phase service to the irrigation pump than it is to Idaho Power’s system.
The Customer also has one or more service accounts with United Electric.
E.IPC agrees to allow United Electric to provide electrical service to the
Customer’s irrigation pump located at the Property and United Electric is willing to
provide electrical service to the Property. IPC will continue to provide electric service to
the remaining parcel as described in the exception portion of Section 1 below.
NOW THEREFORE, it is mutually understood and agreed among the parties hereto as
follows:
1. Customer hereby confirms that it desires United Electric provide it with its
three-phase electric service needs at the following location, to wit:
TOWNSHIP 9 SOUTH, RANGE 25 EAST, OF THE BOISE
MERIDIAN, CASSIA COUNTY, IDAHO
Section 16:
The NE¼ of the NE¼ of said Section 16 lying South and
East of the Southside Canal.
27th
The Property is a portion of the Customer’s larger, approximately 221.55-acre parcel.
The remaining land, which consists of approximately 194.65 acres, all of which is and
will continue to be served by Idaho Power Company, is further described below:
TOWNSHIP 9 SOUTH, RANGE 25 EAST, OF THE BOISE
MERIDIAN, CASSIA COUNTY, IDAHO
Section 16: That part of the East ½ lying South and East of
the Southside Canal:
Excepting therefrom, the NE¼ of the NE¼ of said Section
16 lying South and East of the Southside Canal.
2. Notwithstanding IPC’s right to be the sole provider of electric service to
Customer pursuant to Section 61-332C of the Act, by this Agreement, IPC hereby
agrees to allow United Electric the right to provide electric service to this Property
pursuant to Idaho Code § 61-333.
3. United Electric hereby agrees to provide electric service to the Customer’s
Property identified in Section 1.
4. For purposes of this Agreement, the electric service to be provided to the
Property by United Electric shall be deemed a “new service entrance” pursuant to the
Act.
5. The right to provide electric service to this Property is deemed permanent
and shall not be modified unless mutually agreed upon by and between United Electric
and IPC (or their successors in interest) or unless modified by statute.
6. Except for the change in electric service providers to this Property, no
other modification to IPC and United Electric’s present service territories is made or
intended by this Agreement.
7. This Agreement is subject to the approval of the Idaho Public Utilities
Commission (“Commission”). In the event the Commission does not approve the
territory allocation and associated electric service rights described herein, this
Agreement shall be void ab initio.
Dated this day of November 2023.
CUSTOMER
By: ___________________________________
Name: Aaron Hepworth___________________
Title:__________________________________
27th
IDAHO POWER COMPANY
By: ___________________________________
Name: Bo Hanchey
Title: VP of Customer Operations
UNITED ELECTRIC
By: ___________________________________
Name:_________________________________
Title:__________________________________

BEFORE THE

IDAHO PUBLIC UTILITIES COMMISSION

CASE NO. IPC-E-23-32

IDAHO POWER COMPANY

ATTACHMENT 2

Transmission Viewer
Casey Bentz, Source: Esri, Maxar, Earthstar Geographics, and the GIS UserCommunity, Casey Bentz, Mike Radko, Mike Radko, Casey Bentz, Charlie
Finly
9/28/2023, 10:39:46 AM
0 0.1 0.20.05 mi
0 0.15 0.30.07 km
1:9,028
Hepworth Property
A Portion of Cassia County Parcel RP09S25E160000

TOWNSHIP 9 SOUTH, RANGE 25 EAST, OF THE BOISE MERIDIAN, CASSIA
COUNTY, IDAHO
Section 16:
The NE¼ of the NE¼ of said Section 16 lying South and East of the Southside
Canal.