20181005Decision Memo.pdf

TO:
DECISION MEMORANDUM
COMMISSIONER KIELLANDER
COMT,ISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSIOTI SECRETARY
COMMISSION STAFF
LEGAL
FROM:EDWARD JEWELL
DEPUTY ATTORNEY GEIYERAL
DATE: OCTOBER 3,201.8
SUBJECT:IN THE MATTER OF TTIE AMENDED APPLICATION TOR APPROVAL
OF THE CUSTOMER TRANSFER AGREEME,NT BETWEEN ROCKY
MOUNTAIN POWER AND THE CITY OF IDAHO FALIS;I PAC-E-18-06.
On July 23, 2418, Rocky Mountain Power ("Company'') filed an Application for
approval of an Asset Purchase Agreement between Rocky Mountain Power and the City of Idaho
Falls. ln the Application, the Company requested authority to transfer certain rights and obligations
to serve Century Link and Cable One cornmunications facilities to the City of Idaho Falls as part
of a road-widening project undertaken by the City.
Rocky Mountain Power submitted its Application under both the Idaho Electric
Supplier Stabilization Act, I.C. $ 6l-332, et seq., and the electric utility asset transfer statute, Idaho
Code $ 6l-328. Application at 1. The latter statute states the Commission "shall conduct a public
hearing upon the application."
On September [1,2018, the Cornmission issued aNotice 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 ll:00 a.m. on October 16,2018, a comment
deadline of October 25, 2018, and a reply comment deadline of November I , 20 I 8.
On September 14,2018, in rcsponse to a production request made by Commission
Staff, the Company stated that the Application referred to an "Asset Purchase Agreement" and
cited ldaho Code $ 6l-328 in error.
I The heading in this mattcr has been updated to better reflect the nature of the application.
1DECISION MEMORANDUM
On October 3,20L8, the Company filed an Amended Application for approval of the
Customer Transfer Agteement between Rocky Mountain Power and the City of Idaho Falls. The
Amended Application reiterated the Company's statement that reference to an Asset Purchase
Agreement and citation to ldaho Code $ 6T-328 in the original Application was in error. Amended
Application at 1.
STAFF RECOMMENDATTON
Staff recommends the Commission vacate the telephonic public hearing scheduled for
October 16, 2018, and process the case exclusively through Modified Procedure with the same
comment and reply deadlines established in Order No. 34142. Staff s recommendation is based on
its own analysis of the transaction at issue in this case, the Company's production responses, and
the Company's representations in its Amended Application.
COMMISSION DECISION
Does the Commission wish to vacate the October 16,2018 telcphonic public hearing
and process the Amended Application by Modified Procedure with the sarne cofilment and reply
deadlines established in Order No. 34142?
F,Td(Ed**dJffi
Deputy AttohCy General
I:\LegaI\ELECTRIC\PAC-E- I 8 O6\Merss\PACEI 806_dec rrmo 3_ej.doc
2DECISION MEMORANDUM