20130102notice_of_application_order_no_32705.pdf

Office of the Secretary
Service Date
January 2,2013
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
FOR APPROVAL OF A SERVICE AREA )CASE NO.PAC-E-12-15
EXCEPTION AGREEMENT BETWEEN )
PACIFICORP DBA ROCKY MOUNTAIN )NOTICE OF APPLICATION
POWER AND FALL RIVER ELECTRIC )
COOPERATIVE TO EXCHANGE ONE )NOTICE OF
CUSTOMER )MODIFIED PROCEDURE
)
_________________________________
)ORDER NO.32705
On December 13,2012,PacifiCorp dba Rocky Mountain Power filed an Application
seeking the Commission’s approval of a contract between Rocky Mountain and Fall River
Electric Cooperative to exchange an electric customer.The Agreement was executed pursuant to
the provisions of the Electric Supplier Stabilization Act (ESSA)and specifically Idaho Code §
61-333(1).The “Service Area Exception Agreement”was executed by the parties on October
31,2012.Rocky Mountain requests that the Application and the Agreement be processed under
Modified Procedure.
BACKGROUND
The purposes of the ESSA are to:(1)promote harmony among and between electric
suppliers;(2)prohibit the “pirating”of consumers served by another supplier;(3)discourage
duplication of electric facilities;(4)stabilize the territory and consumers served by the suppliers;
and (5)actively supervise certain conduct of the suppliers.Idaho Code §61-332.Section 61-
333(1)provides that all service agreements which allocate territory or customers between electric
suppliers (such as Rocky Mountain and Fall River)be filed with the Commission.After notice
and opportunity for a hearing,the Commission shall approve or reject the agreement.
NOTICE OF APPLICATION
The parties propose to exchange one current customer.More specifically,Rocky
Mountain will allow Fall River to serve a customer’s residence in Tetonia,located within Rocky
Mountain’s service territory.Rocky Mountain’s service to the residence was provided by an
underground distribution feeder running through the customer’s cultivated field.Application at
3.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32705 1
On June 15,2012,Rocky Mountain’s service to the customer’s residence was
interrupted.“In order to restore service expeditiously without destroying a significant portion of
the customer’s planted crop,[Rocky Mountain],in conjunction with Fall River and the customer,
agreed to connect the customer’s residential load to the adjacent electric distribution facilities
owned by Fall River.”Id.Fall River’s service territory is adjacent to the customer’s residence
and serves the customer’s potato cellar “in close proximity to his residence.”Id.
To avoid an expensive repair of underground facilities and the unnecessary disruption
of the customer’s field,Rocky Mountain and Fall River entered into an Agreement to allow Fall
River to permanently serve the customer’s residence.The electric suppliers subsequently
entered into an agreement to transfer the customer’s residential load from Rocky Mountain to
Fall River.The parties’Agreement is attached to the Application.1
In their Agreement,the parties agree that their respective certificated service areas
will remain unchanged as the result of allowing Fall River to provide service to the customer’s
residence.Agreement at §2.2.The Agreement further provides that either party may terminate
the Agreement upon six months written notice to the other party.§4.1.In the event the
Agreement is terminated,then Rocky Mountain may purchase from Fall River any of the
electrical distribution facilities used by Fall River to serve the residential load in question at Fall
River’s depreciated book value.Id.at §4.2.
NOTICE OF MODIFIED PROCEDURE
YOU ARE HEREBY NOTIFIED that the Commission has determined that the public
interest may not require a formal hearing in this matter and will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission’s Rules
of Procedure,IDAPA 3 1.01.01.201 through .204.The Commission notes that Modified
Procedure and written comments have proven to be an effective means for obtaining public input
and participation.
YOU ARE FURTHER NOTIFIED that the Application and the Service Area
Exception Agreement have been filed with the Commission and are available for public
Although the Service Area Exception Agreement was filed as a confidential document,the Company maintains
that the only confidential information contained in the Agreement was the name and address of the customer.
Consequently,the Company subsequently agreed to redact the name of the customer and his street address,and to
publicly disclose the redacted Agreement.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32705 2
inspection during regular business hours at the Commission offices.The Application and
Agreement are also available on the Commission’s web site at www.puc.idaho.gov by clicking
on “File Room”and then “Electric Cases.”
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on the
Application or Agreement may file a written comment in support or opposition with the
Commission within twenty-one (21)days from the service date of this Notice.The comment
must contain a statement of reasons supporting the comment.Persons desiring a hearing must
specifically request a hearing in their written comments.Written comments concerning this
Application shall be mailed to the Commission and the Applicants at the addresses reflected
below:
Commission Secretary Ted Weston
Idaho Public Utilities Commission Idaho Regulatory Affairs Manager
P0 Box 83720 Daniel E.Solander
Boise,ID 83720-0074 Senior Counsel
Rocky Mountain Power
Street Address for Express Mail:201 S.Main Street Suite 2300
Salt Lake City,UT 84111
472 W.Washington Street E-Mail:[e-mail]
Boise,ID 83702-5918 daniel .soIanderpacificorp.com
Bryan Case,General Manager
Fall River Electric Cooperative
1150 N.3400E.
Ashton,ID 83402
E-mail:[e-mail]
All comments should contain the case caption and case number shown on the first page of this
document.Persons desiring to submit comments via e-mail may do so by accessing the
Commission’s home page located at www.puc.idaho.gov.Click the “Comments and Questions”
icon and complete the comment form using the case number as it appears on the front of this
document.These comments must also be sent to the Applicants at the e-mail addresses listed
above.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are
received within the time limit set,the Commission will consider this matter on its merits and
enter its Order without a formal hearing.If written comments are received within the time limit
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32705 3
set,the Commission will consider them and,in its discretion,may set the same for formal
hearing.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission’s jurisdiction under Title 61 of the Idaho Code and specifically the
Electric Supplier Stabilization Act codified at Idaho Code §61-332 et seq.The Commission
may enter any final Order consistent with its authority under Title 61.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission’s Rules of Procedure,IDAPA 31.01.01.000 et seq.
ORDER
IT IS HEREBY ORDERED that this matter be processed under our Rules of
Modified Procedure.IDAPA 31.01.01.201 through -204.
IT IS FURTHER ORDERED that persons interested in filing written comments
regarding this matter or protesting the use of Modified Procedure should do so no later than 21
days from the service date of this Order.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of January 2013.
PAUL KJEL!JA)JDER,PRESIDENT
\
MACK A.REDFO,C4MMISSIONER
j&Z&
MARSHA H.SMITH,COMMISSIONER
ATTEST:
/1 ‘
//44__J
Jan D JeweII
Commission S’ecretary
bls/O:PAC-E-I 2-1 5dh
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32705 4