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-23-33
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-23-33

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”).
Joel Hobbs (“Mr. Hobbs”) owns approximately 1.61 acres located within the
service territory of Idaho Power and currently receives residential service from Idaho
Power at another location. Mr. Hobbs wishes to receive electric service to serve a new
residence that will be on the approximate 1.61 acres, as identified in Section 1 below
and hereinafter referred to as the “Property”.
Idaho Power currently has single-phase power located near the southeast corner
of the property. In order for Idaho Power to serve the property with single-phase power,
Mr. Hobbs would need to pay to have Idaho Power’s existing single-phase line
extended for approximately three hundred feet.
Mr. Hobb’s property is adjacent to United Electric’s service area. United Electric
has single-phase power approximately 100 feet from the desired service location.
Please see Attachment 2 to view a map illustrating the location of United Electric’s lines,
Idaho Power’s lines, and the property.

JOINT APPLICATION - 3
It is less expensive for Mr. Hobbs to interconnect to United Electric’s system for
single-phase service for the home than it is to interconnect to Idaho Power’s system for
the same.
II. TERRITORY ALLOCATION AGREEMENT
The Parties have entered into this Agreement to allow United Electric to provide
single-phase electric service to Mr. Hobbs at the following Property (with exceptions as
defined in Attachment 1):
TOWNSHIP 10 SOUTH, RANGE 22 EAST, OF THE BOISE
MERIDIAN, CASSIA COUNTY, IDAHO

Section 30: Part of said Section 30, more particularly
described as follows:

Beginning at the Southeast corner of the NE¼ of said
Section 30; thence North along section line for 925.82 feet to
THE TRUE POINT OF BEGINNING;
Thence West for 376.4 feet to a point;
Thence North for 12.05 feet to a point on the South Right of
Way of an Irrigation canal;
Thence North 62°0’ East along said South canal Right of
way for 180.0 feet to a point;
Thence North 12°40' East along said canal Right of Way
224.6 feet to a point;
Thence North 35°40' East along said canal Right of Way for
78.0 feet to a point;
Thence North 42°37' East along said canal Right of Way for
180.75 feet to a point on the East Section line of Section 30;
Thence South along the East section line of Section 30 for
513.78 feet to THE TRUE POINT OF BEGINNING.

Notwithstanding Idaho Power’s right to be the sole provider of electric service to
this 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. Hobbs with lower line

JOINT APPLICATION - 4
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.
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. Hobbs at the above-described Property.

JOINT APPLICATION - 5
DATED at Boise, Idaho, this 29th day of November, 2023.

_____________________________
LISA D. NORDSTROM
Attorney for Idaho Power Company

_____________________________
LANCE A. LOVELAND
Attorney for United Electric Co-op Inc.

JOINT APPLICATION - 6
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
Joel Hobbs
40 S 600 W
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-23-33

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, Joel A. Hobbs 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 1.61 acres located within the service
territory of IPC and currently receives residential service from IPC at another location.
The Customer has requested electrical service from United Electric to serve a new
residence that will be constructed on the approximate 1.61 acres identified in Section 1
below, hereinafter referred to as the “Property”.
D. It is less expensive for the Customer to interconnect to United Electric’s
system for single-phase service than it is to Idaho Power’s system.
E.IPC agrees to allow United Electric to provide electrical service to the
Customer’s residence located at the Property and United Electric is willing to provide
electrical service to the Property.
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
their single-phase electric service needs at the following location, to wit:
TOWNSHIP 10 SOUTH, RANGE 22 EAST, OF THE BOISE
MERIDIAN, CASSIA COUNTY, IDAHO
Section 30: Part of said Section 30, more particularly
described as follows:
Beginning at the Southeast corner of the NE¼ of said
Section 30; thence North along section line for 925.82 feet to
THE TRUE POINT OF BEGINNING;
Thence West for 376.4 feet to a point;
27th
Thence North for 12.05 feet to a point on the South Right of
Way of an Irrigation canal;
Thence North 62°0’ East along said South canal Right of
way for 180.0 feet to a point;
Thence North 12°40' East along said canal Right of Way
224.6 feet to a point;
Thence North 35°40' East along said canal Right of Way for
78.0 feet to a point;
Thence North 42°37' East along said canal Right of Way for
180.75 feet to a point on the East Section line of Section 30;
Thence South along the East section line of Section 30 for
513.78 feet to THE TRUE POINT OF BEGINNING.
Excepting therefrom, Cassia County Parcel
RP10S22E300590 further described as:
TOWNSHIP 10 SOUTH, RANGE 22 EAST OF THE BOISE
MERIDIAN, CASSIA COUNTY, IDAHO
Section 30: Part of the NE¼, more particularly described as
follows:
Beginning at the East ¼ Corner of Section 30, said corner
marked by a 5/8 inch rebar;
Thence North 00°07'35" West (North, rec.) along the east
line of Section 30 for a distance of 1439.70 feet (1439.60
feet, rec.) to a ½ inch rebar which shall be the Point of
Beginning;
Thence South 00°07'35" East along the east line of Section
30 for a distance of 145.27 feet;
Thence South 53°37'50" West for a distance of 31.00 feet to
a ½ inch rebar;
Thence South 53°3T50" West for a distance of 195.96 feet to
a la inch rebar;
Thence North 11°46'10" East (North 120401 East, rec.) for a
distance of 81.18 feet to a ½ inch rebar;
Thence North 34°46'17" East (North 35°40' East, rec.) for a
distance of 77.96 feet (78.0 feet, rec.) to a 1/2 inch rebar;
Thence North 41°41'03" East (North 42°37' East, rec.) for a
distance of 182.56 feet (180.75 feet, rec.) to the Point of
Beginning.
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: Joel A. Hobbs_____________________
Title:__________________________________
IDAHO POWER COMPANY
By: ___________________________________
Name: Bo Hanchey
Title: VP of Customer Operations
27th
UNITED ELECTRIC
By: ___________________________________
Name:_________________________________
Title:__________________________________

BEFORE THE

IDAHO PUBLIC UTILITIES COMMISSION

CASE NO. IPC-E-22-33

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
Hobbs Property Cassia County Parcel RP10S22E301801

TOWNSHIP 10 SOUTH, RANGE 22 EAST, OF THE BOISE MERIDIAN, CASSIA COUNTY,
IDAHO
Section 30: Part of said Section 30, more particularly described as follows:
Beginning at the Southeast corner of the NE¼ of said Section 30; thence North along section
line for 925.82 feet to THE TRUE POINT OF BEGINNING;
Thence West for 376.4 feet to a point;
Thence North for 12.05 feet to a point on the South
Right of Way of an Irrigation canal;
Thence North 62°0’ East along said South canal Right of way for 180.0 feet to a point;
Thence North 12°40' East along said canal Right of Way 224.6 feet to a point;
Thence North 35°40' East along said canal Right of Way for 78.0 feet to a point;
Thence North 42°37' East along said canal Right of Way for 180.75 feet to a point on the
East Section line of Section 30;
Thence South along the East section line of Section 30 for 513.78 feet to THE TRUE POINT
OF BEGINNING.

Excepting therefrom, Cassia County Parcel RP10S22E300590 further described as:

TOWNSHIP 10 SOUTH, RANGE 22 EAST OF THE BOISE MERIDIAN, CASSIA COUNTY,
IDAHO
Section 30: Part of the NE¼, more particularly described as follows:
Beginning at the East ¼ Corner of Section 30, said corner marked by a 5/8 inch rebar; Thence North
00°07'35" West (North, rec.) along the east line of Section 30 for a distance of 1439.70 feet (1439.60
feet, rec.) to a ½ inch rebar which shall be the Point of Beginning;
Thence South 00°07'35" East along the east line of Section 30 for a distance of 145.27 feet;
Thence South 53°37'50" West for a distance of 31.00 feet to a ½ inch rebar;
Thence South 53°3T50" West for a distance of 195.96 feet to a la inch rebar;
Thence North 11°46'10" East (North 120401 East, rec.) for a distance of 81.18 feet to a ½ inch rebar;
Thence North 34°46'17" East (North 35°40' East, rec.) for a distance of 77.96 feet (78.0 feet, rec.) to a
1/2 inch rebar;
Thence North 41°41'03" East (North 42°37' East, rec.) for a distance of 182.56 feet (180.75 feet, rec.)
to the Point of Beginning.