HomeMy WebLinkAbout20180831Decision Memo.pdfDECISION MEMORANDUM
TO COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:EDWARD JEWELL
DEPUTY ATTORNEY GENERAL
DATE: AUGUST 29,2018
APPLICATION FOR APPROVAL OF THE ASSET PURCHASE
AGREEMENT BETWEEN ROCKY MOUNTAIN POWER AND THE CITY
OF IDAHO FALLS - HOLMES DRIVE; PAC-E-18-06.
On July 23,2018, Rocky Mountain Power filed an Application requesting authority to
transfer to the City of Idaho Falls the rights and obligations to serve certain Century Link and
Cable One communications facilities that were previously attached to poles owned by Rocky
Mountain Power that have been de-energized and removed as part of a road-widening project
undertaken by the City of Idaho Falls. Rocky Mountain Power submits its Application for approval
under the Idaho Electric Supplier Stabilization Act, I.C. $ 3l-333 and the electric utility asset
transfer statute, I.C.S 6l-328. Application at 1. The latter statute states the Commission "shall
issue a public notice and shall conduct a public hearing upon the application (emphasis added)."
STAFF RECOMMENDATION
Although Rocky Mountain filed its Application, in part, under the utility asset transfer
statute, LC. $ 6l-328, Staff questions whetherthat statute governs the transaction. But as Staff is
just beginning to analyze this case, and because Rocky Mountain applied under a statute that
requires a public hearing, Staff recommends that the Commission set an October 16,2018 public
hearing. Staff also recommends the Commission issue a Notice of Application and Notice of
Modified Procedure that sets an October 25,2078 comment deadline and aNovember 1,2018
reply deadline.
1DECISION MEMORANDUM
SUBJECT:
COMMISSION DECISION
Does the Commission wish to issue a Notice of Application, Notice of Modified
Procedure, and Notice of Hearing that sets an October 16,2018 public hearing, an October 25,
201 8 comment deadline, and a November 1 ,2018 reply deadline?
Edward J. J
Deputy
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2DECISION MEMORANDUM