20031219Settlement Stipulation.pdf

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LARRY D. RIPLEY
Idaho Power Company
1221 West Idaho Street
O. Box 70
Boise , Idaho 83707
Phone: [phone]FAX: [phone]
Attorney for Idaho Power Company
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2003 DEC 19 Prl 4: 32
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UTiliTiES Co"Hr-.1'(S'SION
JOHN F. KURTZ , JR.
Hawley Troxell Ennis & Hawley
877 Main Street, Suite 1000
O. Box 1617
Boise, Idaho 83701
Phone: [phone]
FAX: [phone]
Attorney for New Villager Condominium
Association , Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IDAHO POWER COMPANY
Respondents.
, )
CASE NO. IPC-93-
Petitioner
vs.
THE NEW VILLAGER CONDOMINIUM
ASSOCIATION , INC., A NON-PROFIT
IDAHO CORPORATION AND ITS
MEMBERS INDIVIDUALLY
SETTLEMENT STIPULATION
COMES NOW The New Villager Condominium Association, Inc., a non-
profit Idaho corporation and its members individually ("New Villager"), by and through its
attorney of record , John F. Kurtz, Jr., of the firm of Hawley Troxell Ennis & Hawley,
Re ondent, and Idaho Power Company ("Idaho Power" or the "Company ), by and
SETTLEMENT STI ULATION , Page
through its attorney of record , Larry D. Ripley, Senior Attorney for Idaho Power Company,
Petitioner (sometimes jointly referred to herein as "the Parties ), and herewith stipulate
and agree that there are six transformer sites which, if they are to remain below ground
would require substantial labor and capital investment. Based upon a contribution of
000 per transformer, or $24 000 in total, paid by New Villager, Idaho Power will install
below ground submersible transformers subject to the conditions as set forth below:
New Villager and Idaho Power will mutually agree to the location of
the underground vaults and junction boxes to be used by Idaho Power. Idaho Power
will provide a detailed map to New Villager showing the location of each underground
vault and junction box, and , in addition , shall provide drawings with dimensions showing
the specifications and appearance of the lids of the vaults and junction boxes that Idaho
Power intends to install. Idaho Power will make available for viewing a representative
vault in Boise, Idaho, and the vault and appearance of the equipment will be available
for inspection by New Villager s representatives in Boise , Idaho. If the parties cannot
mutually agree or New Villager will not accept the appearance of the lids , the parties
agree that the hearing in this matter will be rescheduled by the Idaho Public Utilities
Commission and all settlement negotiations will end.
New Villager shall be allowed to select the company responsible for
performing landscaping work necessitated by the installation of the transformers and
junction boxes. New Villager intends to hire All Seasons landscaping to perform the
landscaping work, which work shall be monitored and overseen by Ron Adams and
Associates and/or Ingrid Klumpp. All Seasons and Ron Adams and Associates and/or
Ingrid Klumpp will be retained directly by New Villager and Idaho Power will have no
SETTLEMENT STIPULATION , Page 2
responsibility to perform any of the landscaping itself. New Villager will obtain a bid
from All Seasons for the landscaping work and a bid from Ron Adams and Associates
and/or Ingrid Klumpp for the monitoring and oversight. Idaho Power will retain the right
to approve the bids. The cost of the two landscaping bids will be applied as a credit
against the amount to be paid by New Villager ($24 000) for the installation of the new
underground transformers. Any amount for landscaping that exceeds the bid amount
by All Seasons and by Ron Adams and Associates and/or Ingrid Klumpp will be borne
by New Villager, and Idaho Power will have no responsibility for the payment of any
costs in excess of these bids. If the bids are not acceptable to either New Villager or
Idaho Power, the parties agree that the hearing in this matter will be rescheduled by the
Idaho Public Utilities Commission and all settlement negotiations will end.
The construction work will be completed at mutually agreed upon
time during the spring or fall of 2004 ("Construction Period"). All work related to the
installation of the underground transformers shall be performed in a professional and
workmanlike manner and in a manner designed to minimize interference with the
enjoyment of the New Villager premises by the owners. New Villager intends to award
a contract for major revisions to a large number of chimney-chases in the complex with
work to be scheduled for completion during the same time period in Spring 2004. The
potential for construction conflict is great and must be addressed in advance between
the chimney-chase contractor and Idaho Power to allow unimpeded construction
progress to take place without undue inconvenience to homeowners. New Villager and
Idaho Power will mutually agree to the coordination plans between the chimney-chase
contractor and Idaho Power. In the event New Villager and Idaho Power are unable to
SETTLEMENT STIPULATION, Page 3
mutually agree to the coordinated construction plan , Idaho Power s work will be
scheduled for the fall of 2004.
The Company will install equipment that meets utility standards and
the Company will be solely responsible for the maintenance of the installed
transformers, including replacement of any transformers. The use of heavy equipment
may be unavoidable. However, Idaho Power will attempt to limit the use of any heavy
equipment on pathways and any damage to the pathways or the New Villager premises
related to the construction and/or installation will be repaired by Idaho Power in a
reasonable manner.
New Villager will be required to pay $10 000 within fifteen (15) days
of the service date of the order issued by the Idaho Public Utilities Commission
approving the settlement agreement. The remaining $14 000 less the landscaping
bids will be paid when installation of the new transformers is completed.
Idaho Power will provide to New Villager representatives a sample of
the color of the covers for the vaults and junction boxes used by Idaho Power throughout
Idaho Power s system. If New Villager desires to paint the covers of the vaults and
junction boxes a different shade of green, Idaho Power s approval shall be required.
However, such approval shall not be unreasonably withheld. Advance notice of any
painting of the covers of the transformer vaults and/or junction boxes is required so that
Idaho Power may have a representative in attendance at the time of the painting.
The Parties recognize that Idaho Power cannot provide the detailed
map and stake the location of the transformers and junction boxes, as well as any new
conduit or wire, until there is no snow accumulation on the ground at the New Villager
SETTLEMENT STIPULATION, Page 4
complex. After New Villager has received the detailed map and the staking has been
accomplished, and Idaho Power has provided to New Villager an estimate as to the
number of working days that it will take Idaho Power to complete the installation of the
facilities, New Villager can obtain the landscaping bids. The Parties recognize that since
these events cannot occur until after there is no snow accumulation on the ground at the
New Villager complex, the procedural dates set forth in Commission Order No. 29366
must be vacated. In the event the Parties cannot mutually agree as to the location and
staking of the facilities referred to above and/or the subsequent landscaping bids , the
procedural schedule in this matter will be re-established by the Idaho Public Utilities
Commission and Idaho Power will refund the $10 000 payment pending the hearing in
this matter.
Idaho Power warrants that it has no present intention of removing the
new transformers after installation.
Upon completion of the construction and/or installation of the
transformers and related equipment, an appropriate underground easement will be
provided to Idaho Power by New Villagers.
The parties agree that this stipulation agreement will be submitted to the
Idaho Public Utilities Commission for approval and that the parties will also request that
the Commission stay its procedural Order No. 29366 previously issued in this case.
SETTLEMENT STIPULATION , Page 5
DATED This tj 'fL day of December, 2003.
SETTLEMENT STIPULATION, Page 6
N F. KURTZ , JR.
Attorney for New Villager Condominium
Association , Inc., a non-profit Idaho
corporation and its members
individually.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the /11Z-aay of December, 2003, I served a
true and correct copy of the within and foregoing SETTLEMENT STIPULATION upon the
parties of record by the method indicated below, and addressed to the following:
Weldon Stutzman
Deputy Attorney General
Idaho Public Utilities Commission
P. O. Box 83720
Boise, Idaho 83720-0074
----2L- Hand Delivered- U.S. Mail
Overnight Mail
FAX
JOHN F. KURTZ , JR.
CERTIFICATE OF SERVICE