HomeMy WebLinkAbout20030508Answer & Motion to Dismiss.pdfHECEIVED IT). II L n r '! L l., U L~:l
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John M. Eriksson
STOEL RIVES LLP
201 South Main Street, Suite 1100
Salt Lake City, Utah 84111
Telephone: (801) 578-6937
Facsimile (801) 578-6999
i:;,HU i~U~:)LiC
UTIliTiES COr-IMiSSION
Mary S. Hobson, ISB#: 2142
STOEL RIVES LLP
101 South Capitol Blvd., Suite 1900
Boise, ill 83702-5958
Tel: (208) 387-4277
Fax: (208) 389-9040
Attorneys for PacifiCorp
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Respondent.
Case No. P AC-03-DEL RAY HOLM
Petitioner P ACIFICORP'S ANSWER AND
MOTION TO DISMISS
vs.
UTAH POWER & LIGHT COMPANY/
P ACIFICORP
COMES NOW PacifiCorp, by and through its attorneys, and answers the Petition of Mr.
Del Ray Holm and moves the Idaho Public Utilities Commission to dismiss this case. In support
thereof, PacifiCorp states as follows:
PacifiCorp s representatives for service in this matter are:
P ACIFICORP'S ANSWER AND
MOTION TO DISMISS
John M. Eriksson
Stoel Rives LLP
201 South Main, Suite 1100
Salt Lake City, UT 84111
Telephone: (80l) 578-6937
Facsimile: (801) 578-6999
Email: jmeriksson~stoe1.com
Carole Rockney
PacifiCorp
825 NE Multnomah, Suite 800
Portland, OR 97232
Telephone: (503) 813-7408
Facsimile: (503) 813-7313
Email: carole.rockney~pacificorp.com
In connection with Petitioner s proposal to convert certain existing overhead
distribution lines to underground lines, Petitioner has sought certain detailed cost information
which PacifiCorp has not provided. Petitioner now seeks an order "requiring UP&L/PacifiCorp
to provide cost data for installation of underground power lines and related facilities." Petitiop of
Del Ray Holm ("Petition ), p. 1. Petitioner asks the Commission to issue such an order "in order
that Del Ray Holm and Del Ray Holm and Sons Farms can intelligently and appropriately seek
alternative bids which meet the specifications ofUP&L for the installation." Petition, p. 2.
Petitioner s consultant, Carl Palmer, has already been provided with an
itemization of the costs and credits for PacifiCorp s Labor & Vehicle, Material, Material Salvage
and Accrued Depreciation, which provide the basis of the total costs for the two underground
conversion proposals that are the subject of Petitioner' s request. See Petition, Appendix C.
Thus, even if Petitioner had the option of hiring someone else to convert the Company
distribution lines to underground (which option is not available, as discussed below), Petitioner
P ACIFICORP'S ANSWER AND
MOTION TO DISMISS
already has sufficient cost data for its evaluation. Accordingly, there is no need for the
Commission to order the further disclosure of detailed item-by-item cost information.
Petitioner is seeking cost information for the purpose of seeking and evaluating
alternative bids" for the conversion ofPacifiCorp s overhead distribution lines to underground
lines. However, Petitioner and its consultant are operating under the mistaken belief that they
have some right to have someone else perform overhead to underground conversions of
PacifiCorp s facilities. No such right exists. Although PacifiCorp s Electric Service Regulation
No. 12 ("Regulation 12") does include a provision for "Applicant Built Line Extensions
Petitioner s consultant was advised that a conversion such as that proposed by Petitioner is not a
line extension under Regulation 12. (See Petition, Appendix E). Petitioner appears to be
proceeding with the misconception that it has the option of treating the project as an Applicant
Built Line Extension. (See Petition, Appendix D, wherein Mr. Palmer asks that "UP&L submit
their Applicant Built Line Contract " although PacifiCorp had already provided Customer
Requested Work Agreements for the two projects.
Under Regulation 12, a line "Extension" is defined as "a branch from, a continuation of
or an increase in the capacity of, an existing Company owned transmission or distribution line.
An extension may be single-phase, three-phase or a conversion of a single-phase line to a three-
phase line. The Company will own, operate and maintain all Extensions made under this
regulation.Regulation 12 , a copy of which is attached hereto as Exhibit A.
Pursuant to Regulation 12, Section 5(a)(1), "An Applicant may contract with someone
other than the Company to build a Line Extension." The Electric Service Regulation does not
include any provision allowing a customer to have someone other than PacifiCorp perform an
P ACIFICORP'S ANSWER AND
MOTION TO DISMISS
underground conversion of its facilities. With respect to conversions, Regulation 12 provides
that when an applicant or customer requests the replacement of existing overhead distribution
facilities with comparable underground facilities the applicant or customer must elect to either
provide all trenching and backfilling, imported backfill material, conduits, and equipment
foundations required by PacifiCorp, or pay the Company to provide those items. See Regulation
, Section 6(a).
While Regulation 12 allows the customer to elect "to provide all trenching and
backfilling, imported backfill material, conduits, and equipment foundations " it does not allow
the customer to elect to perform the electrical installation work or provide all the electrical
equipment for which Petitioner seeks a cost breakdown, nor does Regulation 12 require the
Company to provide any cost breakdown.
Preparation and disclosure of detailed cost itemizations such as those requested by
Petitioner would be an unnecessary and unreasonable burden on the Company. Further, the
disclosure ofPacifiCorp s actual direct costs of equipment may be prohibited under the contracts
for PacifiCorp s purchase ofthe equipment from various vendors, at least in the absence of
protective agreements and orders from the Commission to produce such information.! The time
and expense that would be incurred for such an effort is not warranted.
I Vendors often require confidential treatment of such information to prevent it from ending up in the hands of
competitors who can then benefit from such knowledge.
PACIFICORP'S ANSWER AND
MOTION TO DISMISS
WHEREFORE, PacifiCorp respectfully requests that the Commission deny the relief
requested by Petitioner and dismiss this case.
DATED this 7th day of May, 2003.
PacifiCorp
'lffu
!I.?z
Stoel Ri LLP
Attorneys for PacifiCorp
P ACIFICORP'S ANSWER AND
MOTION TO DISMISS
CERTIFICATE OF SERVICE
I hereby certify that on this 7th day of May, 2003 , I caused to be served, via United States
mail, postage prepaid, a true and correct copy ofthe foregoing PacifiCorp s Answer and Motion
to Dismiss to the following:
Robert C. Huntley
Huntley Park
250 S. 5th, Suite 660
PO Box 2188
Boise, ill 83701
Scott Woodbury
Idaho Public Utilities Commission
472 West Washington
Boise ill 83720
PACIFICORP'S ANSWER AND
MOTION TO DISMISS
~(j;A? A~
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HLIYM
c. No. 28
Fourth Revised Sheet No. 12R.1
Canceling Third Revised Sheet No. 12R.1
ELECTRIC SERVICE REGULATION NO. 12
STATE OF IDAHO
Line Extensions
CONDITIONS AND DEFINITIONS
(a)Contracts -- Before building an Extension, the Company may require the Applicant to sign
a contract. Where a tenant occupies the service location, the Company may require the
property owner to sign the contract.
(b)Contract Minimum Billing -- The Contract Minimum Billing is the greater of: (1) the
Customer s monthly bill; or (2) 80% of the Customer s monthly bill plus the Facilities
Charges. Customers on a seasonal rate receive an annual Contract Minimum Billing of the
greater of (1) the Customer s annual bill; or (2) 80% of the Customer s annual bill plus the
Annual Facilities Charge. The Annual Facilities Charge is twelve (12) times the Facilities
Charges. Any Contracted Minimum Billings shall begin upon the date service is first
delivered or 30 days after the completion of the extension whichever occurs first, as
determined by the Company, unless a later date is mutually agreed upon.
(c)Engineering Costs -- The Company includes designing, engineering and estimating in its
Extension Costs. The Company will provide these services at no charge unless it
determines the extension is large, complex or speculative.
For large, complex or speculative Extensions, the Applicant or Customer must advance the
Company s estimated Engineering Costs, but not less than the minimum specified in
Schedule 300. The Company will apply this advance payment to its Extension Costs. If the
Extension Allowance exceeds the Extension Costs, the Company will refund the excess up
to the amount of the Applicant s or Customer s advance.
(Continued)
Submitted Under Advice Letter No. 00-
ISSUED: July 14 2000 EFFECTIVE: August 15, 2000
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HLIYM
c. No. 28
Fourth Revised Sheet No. 12R.2
Canceling Third Revised Sheet No. 12R.
CONDITIONS AND DEFINITIONS (continued)
(c)Engineering Costs -- (continued)
If the Applicant or Customer requests changes that require additional estimates, they must
advance the Company s estimated Engineering Costs, but not less than the minimum
specified in Schedule 300 for each additional estimate. The Company will not refund or
credit this payment.
(d)Extension -- A branch from, a continuation of, or an increase in the capacity of, an existing
Company owned transmission or distribution line. An extension may be single-phase
three-phase or a conversion of a single-phase line to a three-phase line. The Company will
own, operate and maintain all Extensions made under this regulation.
(e)Extension Allowance -- The Extension Allowance is the portion of the Extension that the
Company provides or allows without cost to the Applicant. The portion will vary with the
class of service that the Applicant requests. The Extension Allowance does not include
costs resulting from: additional voltages; duplicate facilities; additional points of delivery;
or any other Applicant requested facilities that add to, or substitute for, the Company
standard construction methods or preferred route. An Extension Allowance will be
provided only if the Company has reasonable assurance as to the permanent continuation of
required revenue. The Extension Allowance is not available to customers receiving electric
service under special pricing contracts.
(f)Extension Costs -- Extension Costs are the Company s total costs for constructing an
Extension using the Company s standard construction methods, including services
transformers and meters, labor, materials and overheads.
(g)
Extension Limits -- The provisions of this regulation apply to Line Extensions that require
standard construction and will produce sufficient revenues to cover the ongoing costs
associated with them. The Company will construct Line Extensions with special
requirements or limited revenues under the terms of special contracts.
Examples of special requirements include, but are not limited to, unusual costs incurred for
obtaining rights-of-way, overtime wages, use of special equipment and facilities
accelerated work schedules to meet the applicant's request, or non-standard construction
requirements.
(Continued)
Submitted Under Advice Letter No. 00-
ISSUED: July 14 2000 EFFECTIVE: August 15 2000
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c. No. 28
Third Revised Sheet No. 12R.
Canceling Second Revised Sheet No. 12R.3
CONDITIONS AND DEFINITIONS (continued)
(h)Facilities Charges -- The Facilities Charges are those costs associated with the ownership,
operation and maintenance of facilities built to provide service and are in addition to rate
schedule billings. Schedule 300 specifies the Facilities Charges.
(i)Permanent Service -- Service to Customers where the Company is assured of continued
use for more than five years, unless a contract specifies otherwise.
(j)
Restrictions -- The Company s Extension of facilities is subject to restrictions imposed
during war or other emergencies, by the laws of the United States, the State of Idaho, by
executive and administrative proclamations, by orders or regulations of the Commission or
by any lawful requirement of a governmental body.
(k)Routes" Easements and Rights-of-Way -- The 'Company will select the route of an
Extension in cooperation with the Applicant. The Applicant must pay all costs of complete
unencumbered, rights-of-way, easements, or licenses to use land, and for any preparation or
clearing the Company may require. The Applicant may acquire and prepare these in a form
acceptable to the Company, or if requested by the Applicant, the Company will do so at the
Applicant's expense.
(I)Regulation Previously in Effect -- Rule changes do not modify existing Extension
contracts. If a Customer advanced funds for an Extension under a regulation or a contract
previously in effect, the Company will make refunds for additional Customers as specified
in the previous regulation or contract.
(m)Service Conductors -- The secondary-voltage conductors extending from the pole line, the
underground secondary-voltage main, a secondary-voltage transformer, or a secondary-
voltage switch cabinet to the Point of Delivery.
(Continued)
Submitted Under Advice Letter No. 00-
ISSUED: July 14 2000 EFFECTIVE: August 15, 2000
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HLIYM
c. No. 28
Third Revised Sheet No. 12R.4
Cancels Second Revised Sheet No. 12R.4
RESIDENTIAL EXTENSIONS
(a)Standard Residential
(1)
(b)
Extension Allowances
The Extension Allowance for standard residential applications includes transfonnation
facilities, meter and Service Conductors. Transfonnation facilities and Service Conductors
may serve more than one customer.
Transformation facilities for overhead systems include the transformer, associated
fuses, lightning arresters, grounds and supporting racks. The Company, at its
discretion, may substitute secondary voltage conductors for transformation
facilities. Transformation facilities for underground systems include the
transformer and grounds.
The Service Conductor allowance includes the conductors, connectors and other
equipment necessary to make the service connection. This allowance provides a
maximum of 100 linear feet from a pole, connection box or transformer to the Point
of Delivery.
The Applicant must advance the costs exceeding the Extension Allowance prior to
the start of construction.
(2)Additional Customers, Advances and Refunds
A Customer that pays for a portion of the construction of an Extension may receive
refunds if additional Customers connect to the Extension. The Customer is eligible
for refunds during the first five (5) years following construction of an Extension.
The cost responsibility shall be 100% for the first Customer and shall decrease by
20% for each successive Customer for shared facilities. Payments made to the
Company by each successive Applicant shall, in turn, be refunded by the Company
to the most recent previous Applicant.
Remote and Seasonal Service and Service to Unimproved Subdivisions
(1)Extension Allowances
Residential customers defined as Remote or Seasonal Service customers or those
located in Unimproved Subdivisions, have the same Extension Allowance as
Standard Residential Customers.
(Continued)
Submitted Under Advice Letter No. 00-
ISSUED: July 14 2000 EFFECTIVE: August 15, 2000
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HLIYM
c. No. 28
(b)
Third Revised Sheet No. 12R.5
Cancels Second Revised Sheet No. 12R.5
Remote and Seasonal Service and Service to Unimproved Subdivisions (continued)
(c)
(d)
(2)Contracts
The Company will make Extensions for Remote or Seasonal Residential Service or
in an Unimproved Subdivision according to a written contract. The contract will
require the Applicant to advance the estimated cost of facilities in excess of the
Extension Allowance. The Applicant shall also pay a Contract Minimum Billing
for as long as service is taken, but in no case less than 5 years.
(3)Additional Customers, Advances and Refunds
Customers that pay a portion of the construction of an Extension may receive
refunds if additional Applicants connect to the Extension. The Customer is eligible
for refunds during the first five (5) years following construction of the Extension.
The cost responsibility shall be 100% for the first customer and shall decrease by
20% for each successive customer for shared facilities. Payments made to the
Company by each successive Applicant shall, in turn, be refunded by the Company
to the most recent previous Applicant. Customers in unimproved subdivisions
platted prior to January I , 1997, where electrical service had not been provided to
any customer prior to that date, have a refund period often (10) years.
Additional Applicants must share the Facilities Charges of existing Customers.
Additional Applicants also must pay the estimated cost of any facilities exceeding
the Extension Allowance.
Three Phase Residential Service
Where three phase residential service is requested, the Applicant shall pay the difference in
cost between single phase and three phase service.
Underground Extensions
The Company will construct line Extensions underground when requested by the Applicant
or if required by local ordinance or conditions. The Applicant must pay for the conversion
of any existing overhead facilities to underground, under the terms of Section 6 of this
regulation. The Applicant must provide all trenching and backfilling, imported backfill
material, conduits, and equipment foundations that the Company requires for the Extension.
Ifthe Applicant requests, the Company will provide these items at the Applicant's expense.
(Continued)
Submitted Under Advice Letter No. 00-
ISSUED: July 14 2000 EFFECTIVE: August 15 2000
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HLIUM
c. No. 28
Fourth Revised Sheet No. 12R.6
Canceling Third Revised Sheet No. 12R.
NONRESIDENTIAL EXTENSIONS
(a)High Voltage Extension Allowances
The Company will determine the amount of the extension allowance on a case by case basis
for customers taking service at 44 000 volts or greater.
(b)Primary and Secondary Voltage Extension Allowances
(1)Less than 1 000 kW
The Company will grant Nonresidential Applicants requiring less than 1 000 kW an
Extension Allowance of $90 per kW of estimated load. The Applicant must
advance the costs exceeding the Extension Allowance prior to the start of
construction.
The Company may require the Customer to pay a Contract Minimum Billing for
five years.
(2)000 kW or Greater
The Company will grant Nonresidential Applicants requiring 1 000 kW or greater
an Extension Allowance of $90 per kW of estimated load. The Applicant must
advance the costs exceeding the Extension Allowance. Fifty percent of the advance
is due when the contract is executed with the remaining balance due upon
completion of the Extension.
The Customer must pay a Contract Minimum Billing for as long as service is taken
but in no case less than five years. If service is terminated within the first 10 years
the Customer must pay a termination charge equal to the Extension Allowance less
lIl0th of the allowance for each year service was taken.
(3)Remote Service
The Company will grant Applicants for Remote Nonresidential Service an
Extension Allowance of $90 per kW of estimated load.
The Applicant must advance the costs exceeding the Extension Allowance prior to
the start of construction. The Applicant must also pay a Contract Minimum Billing
for as long as service is taken, but in no case less than five years.
(Continued)
Submitted Under Advice Letter No. 00-
ISSUED: July 14 2000 EFFECTIVE: August 15 , 2000
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HLIUM
C. No. 28
Third Revised Sheet No. 12R.
Canceling Second Revised Sheet No. 12R.
NONRESIDENTIAL EXTENSIONS (continued)
(c)Additional Customers, Advances and Refunds
A Customer that pays for a portion of the construction of an Extension may receive refunds
if additional Customers connect to the Extension. The Customer is eligible for refunds
during the first five (5) years following construction of an Extension for up to four (4)
additional Customers. Each of the next four (4) Customers utilizing any segment of the
initial Extension must pay the Company, prior to connection, a proportionate share of the
cost of the shared facilities. The Company will refund such payments to the preceding
Customer(s).
Proportionate Share = (A + B) x C
Where:
A = (Shared footage of line) x (Average cost per foot of the line)
Cost of the other shared distribution equipment, if applicable
(New additional connected load)/(Total connected load)
Additional Customers also must share the Facilities Charges of the existing Customers. The
Company will allocate the Facilities Charges in the same manner used for allocating the
original advance.
(d)Underground Extensions
The Company will construct Line Extensions underground when requested by the Applicant
or if required by local ordinance or conditions. The Applicant must pay for the conversion
of any existing overhead facilities to underground, under the terms of Section 6 of this
regulation. The Applicant must provide all trenching and backfilling, imported backfill
material, conduits, and equipment foundations that the Company requires for the Extension.
If the Applicant requests, the Company will provide these items at the Applicant's expense.
(Continued)
Submitted Under Advice Letter No. 00-
ISSUED: July 14 2000 EFFECTIVE: August 15 2000
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HLIUM
I.P.C. No. 28
Third Revised Sheet No. 12R.8
Canceling Second Revised Sheet No. 12R.8
EXTENSIONS TO PLANNED DEVELOPMENTS
(a)General
Planned developments, including subdivisions and mobile home parks, are areas where
groups of buildings or dwellings may be constructed at or about the same time. The
Company will install facilities in developments before there are actual Applicants for
service under the terms of a written contract.
(b)Contracts and Advances, Non-Residential
The Developer must pay a non-refundable advance equal to the Company s estimated
installed costs to make primary service available to each lot. The Company may require the
Developer to pay for facilities to provide additional service reliability or future
development.
(c)Contracts and Advances, Residential
The Company will provide transformers, meters and services. The Developer must pay a
non-refundable advance for all other costs including any secondary runs to the individual lot
lines.
(d)Refunds
Developer that pays for a portion of the construction of an Extension to reach a
development may receive refunds if additional customers connect to the Extension outside
the development under the terms of Advances and Refunds for Non-Residential Customers.
The Company will refund such payments to the Developer. The Company will make no
refunds for facilities installed within a development.
(e)Underground Extensions
The Company will construct Line Extensions underground when requested by the
Developer or required by local ordinances or conditions. The Developer must pay for the
conversion of any existing overhead facilities to underground, under the terms of Section 6
of this regulation. The Developer must provide all trenching and backfilling, imported
backfill material, conduits, and equipment foundations that the Company requires. If the
Developer requests, the Company will provide these items at the Developer s expense.
(Continued)
Submitted Under Advice Letter No. 00-
ISSUED: July 14 2000 EFFECTIVE: August 15 , 2000
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C. No. 28
Third Revised Sheet No. 12R.9
Canceling Second Revised Sheet No. 12R.9
EXTENSION EXCEPTIONS
(a)Applicant Built Line Extensions
(1)
(2)
(3)
(4)
General
An Applicant may contract with someone other than the Company to build a Line
Extension. The Applicant must contract with the Company before starting
construction of a Line Extension. When the Applicant has completed construction
of the Line Extension and the Company approves it, the Company will connect it to
the Company s facilities and assume ownership.
Liability and Insurance
The Applicant assumes all risks for the Construction of an Applicant Built Line
Extension. Before starting construction, the Applicant must furnish a certificate
naming the Company as an additional insured for a minimum of $1 000 000. The
Applicant may cancel the policy after the Company accepts ownership of the Line
Extension.
Advance for Design, Specifications, Material Standards and Inspections
The Applicant must advance the Company s estimated costs for design
specifications, material standards and inspections. When the Applicant has
completed construction, the Company will determine its actual costs and may adjust
that portion of the Applicant's advance. If the actual costs exceed the Applicant's
advance, the Applicant must pay the difference before the Company will accept and
energize the Line Extension. If the actual costs are less than the Applicant s
advance, the Company will refund the difference.
The Company will estimate the frequency of inspections and convey this to the
Applicant prior to the signing of the contract. For underground Line Extensions
the Company may require that an inspector be present whenever installation work is
done.
Construction Standard
The Applicant must construct the Line Extension in accordance with the Company
design, specifications, and material standards and along the Company s selected
route. Otherwise, the Company will not accept or energize the Line Extension.
(Continued)
Submitted Under Advice Letter No. 00-
ISSUED: July 14 2000 EFFECTIVE: August 15 2000
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ALIUM
C. No. 28
Second Revised Sheet No. 12R.
Canceling First Revised Sheet No. 12R.I0
EXTENSION EXCEPTIONS (continued)
(a)Applicant Built Line Extensions (continued)
(5)
(6)
(7)
(8)
(9)
(10)
Transfer of Ownership
Upon approval of the construction, the Company will assume ownership of the Line
Extension. The Applicant must provide the Company unencumbered title to the
Line Extension.
Rights-of-Way
The Applicant must provide to the Company all required rights-of-way, easements
and permits in accordance with paragraph 1.(k).
Contract Minimum Billing
The Company may require the Applicant to pay a Contract Minimum Billing as
defined in paragraph 1.(b) in this regulation.
Deficiencies in Construction
, within 24 months of the time the Company energized the Line Extension, it
determines that the Applicant provided deficient material or workmanship, the
Applicant must pay the cost to correct the deficiency. At its discretion, the
Company may require that the Applicant provide a faithful performance bond
before the Applicant begins construction.
Line Extension Value
The Company will calculate the value of a Line Extension using its standard
estimating methods. The Company will use the Line Extension Value to calculate
Contract Minimum Billings, reimbursements, and refunds.
Line Extension Allowance
After assuming ownership, the Company will calculate the appropriate Extension
Allowance. The Company will then reimburse the Applicant for the construction
costs covered by the Extension Allowance, less the cost of any Company provided
equipment or services, but in no case more than the Line Extension Value.
(Continued)
Submitted Under Advice Letter No. 00-
ISSUED: July 14 2000 EFFECTIVE: August 15, 2000
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HIJYM
C. No. 28
Third Revision of Sheet No. 12R.ll
Canceling Second Revision of Sheet No. 12R.ll
5. EXTENSION EXCEPTIONS (continued)
(b)Duplicate Service Facilities
The Company will furnish Duplicate Service Facilities if the Customer advances the
estimated costs for facilities in excess of those which the Company would otherwise
provide. The Customer also must pay Facilities Charges for the Duplicate Facilities for as
long as service is taken, but in no case less than five years.
(c)Emergency Service
The Company will grant Applicants requesting Emergency Service an Extension Allowance
of $90 per kW of estimated load. The Applicant must advance the costs exceeding the
Extension Allowance prior to the start of construction. The Applicant must also pay a
Contract Minimum Billing for as long as service is taken, but in no case less than five years.
(d)Highly Fluctuating Loads
The Company will furnish facilities for Highly Fluctuating Loads as defined in Regulation 2
of this tariff, provided that the Applicant agrees to advance to the Company the estimated
installed cost of such facilities over the cost of facilities which the Company, in its sole
discretion, would otherwise provide. The Applicant shall also pay a Contract Minimum
Billing as long as service is taken but in no case less than five years. The Company
reserves the right, should the effect of load fluctuations become in the Company s sole
judgment a detriment to service to other Customers, to provide or require the Customer to
provide corrective facilities. Where the Company provides such facilities the Customer
shall pay the cost of all such facilities plus the associated Contract Minimum Billing.
(e)Temporary Service
(1) For Temporary Service requests requiring only a service loop connection and
where there are 120/240 volt facilities of adequate capacity available, the
Customer shall pay the connect and disconnect charge specified in Schedule 300.
(2) For all other Temporary Service requests the Customer shall paya. the estimated installation cost, plusb. the estimated removal cost, plusc. the estimated cost for rearranging any existing facilities, lessd. the estimated salvage value of the facilities required to provide Temporary
Service.
(Continued)
Submitted Under Application No. PAC-02-
ISSUED: October 3 2002 EFFECTIVE: December 4, 2002
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A IJYM
C. No. 28
First Revision of Sheet No. 12R.12
Canceling Original Sheet No. 12R.12
5. EXTENSION EXCEPTIONS (continued)
(3)The Customer is also responsible for electric serVice supplied under the
appropriate rate schedule; any advances required for sharing previous Extensions;
and, depending on the customer class, Contract Minimum Billings.
(4)If a Customer takes Temporary Service continuously for 60 consecutive months
the Company will classify the Extension as permanent and refund any payment the
Customer made over that required of a permanent Customer. The Company will
not refund the Facilities Charges.
(f)Line Capacity in Excess of that Required
If the Company desires to construct lines having a larger capacity or more expensive type of
construction than is practical under the circumstances or necessary in accordance with
sound engineering standards and practices to supply the energy requirements of Customers
who obtain service in accordance with this regulation, the cost of construction of that
additional line capacity shall be borne completely by the Company and not be considered in
determining the Contract Minimum Billing or advances made by Applicants for service.
RELOCATION OR REPLACEMENT OF FACILITIES
(a)Relocation of Facilities
If requested by an Applicant or Customer the Company will: relocate distribution facilities
on to, or adjacent to, the Customer s premises; and/or, replace existing overhead distribution
facilities with comparable underground. For overhead to underground relocations, the new
underground system must not impair the use of the remaining overhead system. The
Applicant or Customer must elect either: to provide all trenching and backfilling, imported
backfill material, conduits, and equipment foundations that the Company requires for the
Extension; or, to pay the Company to provide these items.
(Continued)
Submitted Under Application No. P AC-02-
ISSUED: October 3 2002 EFFECTIVE: December 4, 2002
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ALlUM
C. No. 28 Original Sheet No. 12R.13
6. RELOCATION OR REPLACEMENT OF FACILITIES (continued)
In addition, the Applicant or Customer must advance the following:
(1)The estimated installed cost of the new facilities plus the estimated removal
expense of the existing facilities, less
(2)The estimated salvage value plus accrued depreciation of the facilities to
removed.
This Advance is not refundable. The Company is not responsible for allocating costs and
responsibilities among multiple Applicants.
(b)Local Governments
When required by a governmental entity in accordance with Idaho Code 50-2501 to 50-
2523 , the Company will replace existing overhead with underground distribution facilities
provided the entity pays the Company in accordance with paragraph 6.(a) above, and
provided the entity adopts an ordinance creating an underground district requiring:
(1)All existing overhead communication and electric distribution facilities be
removed;
(2)Each property owner to make the changes necessary to receive service from the
underground facilities as soon as the Company makes them available; and
(3)Authorizes the Company to discontinue overhead service when it has completed
construction ofthe underground facilities.
CONTRACT ADMINISTRATION ALLOWANCE
Customers may waive their right to receive refunds on a Line Extension advance. Customers who
waive this right will receive a Contract Administration Allowance specified in Schedule 300. The
customer s choice to receive the Contract Administration Allowance must be made at the time the
Extension advance is paid.
Submitted Under Advice Letter No. 00-
ISSUED: July 14 2000 EFFECTIVE: August 15 2000