20081205Answer, Motion.pdf

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201 South Main, Suite 2300
Salt Lake City, Utah 84111
December 3, 2008
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VI OVERNIGHT DELIVERY
Idaho Public Service Commssion
472 W. Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Attention: Jean D. Jewell
Commssion Secreta
Case No. PAC-E-08-09
RE: IN THE MATTER OF THE FORM COMPLAINT OF MAR MATHEWSON
AGAINST ROCKY MOUNTAIN POWER
Dear Ms. Jewell:
Please find enclosed for fiing an ongial and seven (7) copies of Rocky Mountain
Power's Answer and Motion to Dismiss in the above captioned matter.
I would appreciate it if you would retu a file staped copy of ths trsmitt letter for
our records.
Very Truy,
'f)(¿~~/Ft
Sr. Counsel
Rocky Mountain Power
Enclosures
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BEFORE THE IDAHO PUBLIC UTILITIES COMMSSION
RECEIVED
zuna DEC -3 AM 10: 44
Respondent.
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IDAHO PUBue
tITlES COMMISSIONMA MATHWSON Case No. PAC-E-08-09
Complainant,ROCKY MOUNAI POWER'S
ANSWER AN
MOTION TO DISMISSvs.
ROCKY MOUNTAI POWER,
Rocky Mountain Power ("RM" or the "Company"), by and through its attorney, answers the
complaint of Maran Mathewson ("Ms. Mathewson" or "Complainant") as follows:
1. Complainant's home at 3125 Harkness Canyon Rd., McCamon, Idaho, is
located approxiately one mile from the closest distribution facilties of Rocky Mountain Power.
Electrcity to this residence has been supplied by customer-owned generation. Rocky Mountain
Power does not currently provide electric service to Complainant at this address.
2. Complainant made an informal complaint with the Idaho Public Utilties
Commission (the "Commission") on October 7,2007, regarding the cost to extend electrc serice
to 3125 Harkness Canyon Road, McCamon.
3. As par of the inormal complaint process RM was contated by Commission
staff regarding the informal complaint. The Company responded to Commission staff by
providing an explanation of the taff provisions applicable to estimate of the costs for extending
electrc service to Ms. Mathewson's residence.
4. The applicable taff provisions are provided below, in relevant par.
Orgial Sheet No. 2R.3, Electrc Service Regulation No.2
Remote Service: Service to distt or isolated locations which, in the Company's
opinion, wil not have suffcient anua Schedule Bilings to cover the
Company's anual incurd costs. A distat location is any location, or group of
locations, more than one-half mile from the Company's existing distribution
facilties. An isolated location is one where additional development is unlikely
due to geographical constraints, and may be less than one-half mile from existing
distrbution facilties. (Emphasis added.)
Page 1 - PACIFICORP'S ANSWER AND
MOTION TO DISMISS
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Original Sheet No. 12R.5, Electrc Service Regulation No. 12, Line Extnsions,
Section 2(b) Remote and Seasonal Service and Service to Unimproved
Subdivisions:
(2) Contrcts
The Company wil make Extensions for Remote or Seasonal Residential Service
or in an Unimproved Subdivision according to a wrtten contrct. 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 Minum
Billing for as long as serice is taen, but in no case less than 5 years. (Emphasis
added.)
Original Sheet No. 12R.1 Regulation 12, Section Ub)
Contract Minimum Biling - The Contract Minimum Biling is the greater of: (1)
the Customer's montWy bil; or (2) 80% of the Customer's monthly bil plus
the Facilties Charges. Customer on a seasonal rate receive an anual Contract
Minimum Biling of the greater of (1) the Customer's anual bil; or (2) 80% of
the Customer's anual bil plus the Anual Facilities Charge. The Anual
Facilties Charge is twelve (12) times the Facilties Charges. Any Contrcted
Minimum Bilings shall begin upon the date service is firt 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. (Emphasis added.)
Original Sheet No. 300.3 Electrc Service Schedule No. 300
Facilities Charges
Facilties Installed at Customer's Expense
Facilties Installed at Company's Expenses
0.67% per month
1.67% per month
5. A request for a cost quotation was received by RM by telephone from Ms.
Mathewson on November 9,2007. The request was for power from the company's distrbution
line to the bottom of the customer's driveway.
6. A written ballpark estimate to extend electrc service from the Company's
distrbution facilties in the amount of$19,867 with a monthly facilities charge of$180 was
provided to Ms. Mathewson on November 28, 2007. The estimate was created in accordance
with the applicable Company taiffs. The estimate reflected costs for underground service, which
is the lowest cost option for providing service to 3125 Harkness Canyon Rd., McCamon.
Although for the majority of line extensions overhead constrction is less expensive, for this
extension it would be more costly due to the need to follow a winding road. To install an
overhead line would require extensive guying and associated sureys and right of way easements
from neighbors and more frquent pole placement.
7. Complainant alleges that there is no need for a facilties charge as the need for
maintenance is unlikely. The facilties charge is an anualized charge on the life costs of an
extension that covers taxes and replacement as well as maintenance. Complainant also alleges
Rocky Mountain Power has no costs associated with the installation of new service. RM did
include the residential allowance in the estimate. Total job costs were estimated at $22,671 in
November 2007, with the Company providing an allowance of $2805 for the transformer, service
and meter. Complainant's porton of the cost was estimated at $19,867.
8. Ms. Mathewson has not entered into a contrct for service under the terms of
Rocky Mountain Power's taifs as approved by the Idaho Public Utilties Commission.
Page 2 - PACIFICORP'S ANSWER AND
MOTION TO DISMISS
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10. At all times Rocky Mountain Power has applied the taffs as filed, and consistent
with their tratment of other customers.
AFIRTI DEFENSES
1. RM is willing and able to provide a line extension to serve Complainant upon
Complainant signing a line extension agreement and payment of the appropriate costs as required
by RM's fied taffs.
2. Complainant is not entitled to receive service and RM is not required to provide
service, except as provided in RM's filed taffs.
3. The Complainant has failed to allege facts suffcient to constitute a claim upon
which relief can be granted.
WHREFORE Rocky Mountain Power request that the Commission rule in favor of Rocky
Mountain Power and against Complainant and that the complaint fied by Maran Mathewson be
dismissed.
DATED this 2ND day of December, 2008
£~~/V¡
Senior Attorney
Rocky Mountain Power
201 South Main St.
Salt Lae City, Uta 84111
Telephone: [phone]
Facsimile: 801-220-3299
Page 3 - PACIFICORP'S ANSWER AN
MOTION TO DISMISS
CERTIFICATE OF SERVICE RECEWEO
i hereby certify that on ths 2nd day of December, 2008, I caused to tl8~i:'-~a ~M \,: 49
overnght delivery, a tre and correct copy of Rocky Mountan Power's iterraiL\C "'\ -.'1
Motion to Dismiss in PAC-E-08-09 to the following: U11UTlES COMM\S~ UN
Manan Mathewson
3125 Harkness Canyon Rd
McCamon, Idaho 83250-1555
~NL -"Came eyer ~
Coordiator, Admstrative Services