20171024notice_of_application_order_no_33921.pdf

omce of the Secretary
Service Date
October 24,2017
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT )CASE NO.PAC-E-17-12
APPLICATION OF THE CITY OF IDAHO )FALLS AND ROCKY MOUNTAIN POWER )NOTICE OF APPLICATION
FOR APPROVAL OF A SERVICE )
ALLOCATION AGREEMENT )NOTICE OF
)MODIFIED PROCEDURE
)ORDER NO.33921
On October 12,2017,the City of Idaho Falls and Rocky Mountain Power jointly
applied to the Commission for approval of their Service Allocation Agreement pursuant to the
Idaho Electric Supplier Stabilization Act (ESSA),ldaho Code §§61-332 through 61-334C.The
parties request that the Application be processed by Modified Procedure.The Commission now
issues this Notice of Application and Notice of Modified Procedure setting comment and reply
deadlines.
THE ESSA
Idaho Code §61-333(l)provides that electric suppliers may contract for the purpose of
"allocating territories,consumers,and future consumers ...and designating which territories and
consumers are to be served by which contracting electric supplier."Both Rocky Mountain and
the City of Idaho Falls are electric suppliers as defined in the ESSA.Idaho Code §61-332A(4).
After notice and opportunityfor hearing,the Commission may approve agreements allocating
service territories and customers between electric suppliers only upon finding that the allocation
is in conformance with the purposes of the ESSA.Idaho Code §61-333A(l).As set out in
Idaho Code §61-332(2),the purpose of the ESSA is to discourage duplication of facilities;
prohibit "pirating"of consumers;stabilize service territories and consumers;and promote
harmony between electric suppliers.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that Rocky Mountain Power and the City of Idaho
Falls state they requested approval of a previous electric consumer exchange agreement in 2005.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.33921 1
Application at 3 (referring to Case No.PAC-E-15-07).That agreement was in place for ten
years.Id.
YOU ARE FURTHER NOTIFIED that,after the initial ten-year term,the City of
Idaho Falls chose not to renew the agreement and instead told Rocky Mountain that it wanted to
negotiate a new service territory agreement.Id.The parties thus negotiatedthe Agreement that
is the subject of this Application.Id.
YOU ARE FURTHER NOTIFIED that the parties assert that the Agreement
conforms to all the provisions and purposes of the ESSA and recommend that the Commission
approve the Agreement.Id.at 3-4.The Agreement will become effective upon such approval,
with five-year terms and a clause allowing automatic extensions for consecutive five-year
periods unless one party notifies the other of its intent not to renew.Id.at 4.
YOU ARE FURTHER NOTIFIED that the Application and Agreement have been
filed with the Commission and are available for public inspection during regular business hours
at the Commission offices.These documents are also available on the Commission's web site at
Click on the "File Room"tab at the top of the page,then select "Electric
Cases"and click on the case number as shown on the front of this document.
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
Idaho Code §§61-502 and 61-503.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.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the
public interest may not require a formal hearing in this matter,and that it will proceed under
Modified Procedure pursuant to Rules 201 through 204 of the Commission's Rules of Procedure,
IDAPA 31.01.01.201 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 any person desiring to state a position on this
Application may file a written comment in support or opposition with the Commission by no
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.33921 2
later than 21 days from the service date of this Order.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,the City,and the Company at the addresses reflected below:
Commission Secretary Ted Weston
Idaho Public Utilities Commission Daniel E.Solander
PO Box 83720 Rocky Mountain Power
Boise,ID 83720-0074 1407 West North Temple,Suite 330
Salt Lake City,UT 84116
Street Address for Express Mail:Email:
472 W.Washington Street
Boise,ID 83702-5918
Jackie Flowers
City of Idaho Falls
140 S.Capitol Ave.
Idaho Falls,ID 83402
Email:
These 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 Click the "Case Comment or Question
Form"under the "Consumers"tab,and complete the comment form using the case number as it
appears on the front of this document.
YOU ARE FURTHER NOTIFIED that the City of Idaho Falls and Rocky Mountain
Power shall file reply comments,if necessary,by no later than 28 days from the service date
of this Order.
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
set,the Commission will consider them and,in its discretion,may set the same for formal
hearing.
O RD ER
IT IS HEREBY ORDERED that the Application of the City of Idaho Falls and
Rocky Mountain Power be processed by Modified Procedure,Rule 201-204 (IDAPA
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.33921 3
31.01.01.201-.204).Persons interested in submitting written comments must do so within 21
days from the service date of this Order.The City of Idaho Falls and Rocky Mountain Power
shall have until 28 days from the service date of this Order to file a reply,if any.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of October 2017.
PAUL KJELLANDER,PRESIDENT
Ø MISSIONER
ERIC ANDERSON,COMMISSIONER
ATTEST:
Diane M.Hanian
Commission Secretary
I:\Legal\LORDERS\PACEl712_djh_Ntc.doc
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