20181011notice_of_vacated_hearing_order_no_34169.pdf

Office of the Secretary
Service Date
October 11,2018
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE AMENDED )CASE NO.PAC-E-18-06
APPLICATION FOR APPROVAL OF THE )CUSTOMER TRANSFER AGREEMENT )NOTICE OF
BETWEEN ROCKY MOUNTAIN POWER AND )VACATED HEARING
THE CITY OF IDAHO FALLS )
>ORDER NO.34169
With this Order,the Commission vacates the October 16,2018 hearing in this case.
The case will continue to be processed under Modified Procedure,with written comments due
October 25,2018,and the Company's reply,if any,due November 1,2018.This decision is
explained below.
BACKGROUND
YOU ARE HEREBY NOTIFIED that on July 23,2018,Rocky Mountain Power
("Company")filed an Application for approval of an "Asset Purchase Agreement"between Rocky
Mountain Power and the City of Idaho Falls.In the Application,the Company requested authority
to transfer certain rights and obligations to serve Century Link and Cable One communications
facilities to the City of Idaho Falls as part of a road-widening project undertakenby the City.The
Company asked the Commission to process the Application under both the Idaho Electric Supplier
Stabilization Act ("ESSA"),Idaho Code §61-332,et seq.,and the electric utility asset transfer
statute,Idaho Code §61-328.Application at 1.The latter statute states the Commission "shall
conduct a public hearing upon the application."
YOU ARE FURTHER NOTIFIED that on September 11,20 18,the Commission issued
a Notice of Application,Notice of Modified Procedure,and Notice of Telephonic Hearing.Order
No.34142.In the Notice,the Commission set a telephonic public hearing for 11:00 a.m.on
October 16,2018,a comment deadline of October 25,2018,and a reply comment deadline of
November 1,2018.
NOTICE OF VACATED HEARING
YOU ARE FURTHER NOTIFIED that on October 3,2018,the Company filed an
Amended Application to clarify that the Company's original Application had mistakenly called
the Agreement an "Asset Purchase Agreement"to be processed under the electric utility asset
transfer statute,Idaho Code §61-328.In actuality,the Agreementis a customer transfer agreement
to be processed under the ESSA,Idaho Code §61-332,et.seq.Amended Application at 1.
NOTICE OF VACATED HEARING
ORDER NO.34169 1
YOU ARE FURTHER NOTIFIED that the ESSA does not contain a hearing
requirement.Accordingly,the Commission finds it appopriate to vacate the October 16,2018
telephonic public hearing set in Order No.34142.
YOU ARE FURTHER NOTIFIED that the Commission finds it reasonable to continue
to obtain input from the parties and public through Modified Procedure on the comment and reply
schedule established in Order No.34142.
ORDER
IT IS HEREBY ORDERED that the October 16,2018 telephonic hearing is vacated.
IT IS FURTHER ORDERED that the case will continue to be processed under the
Commission's Rules of Modified Procedure,IDAPA 201 through 204,with comments due by
October 25,2018 and the Company's reply,if any,due November 1,2018.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this ,
day of October 2018.
PA KJELLANDER,PRESIDENT
KRISTINE RAPE MMISSIONER
ERIC ANDERSON,COMMISSIONER
ATTEST:
Diane Hanian
Commission Secretary
I:\Legal\ELECTRIC\PAC-E-18-06\PACE1806_ntevachear_ej
NOTICE OF VACATED HEARING
ORDER NO.34169 2