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HomeMy WebLinkAbout20190222Decision Memo.pdfDECISION MEMORANDUM TO:COMMISSIONER KJELLANDER COMMISSIONER RAPER COMMISSIONER ANDERSON COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM:EDWARD JEWELL DEPUTY ATTORNEY GENERAL DATE: FEBRUARY 22,2019 SUBJECT:APPLICATION FOR APPROVAL OF THE ASSET PURCHASE AGREEMENT BETWEEN ROCKY MOUNTAIN POWER AND THE CITY OF IDAHO FALLS - SANDY DOWNS; PAC-E-19-02 On February 4, 2019, Rocky Mountain Power ("Company") filed an Application requesting authority to transfer to the City of Idaho Falls ("City") the rights and obligations to serve two locations at or near Sandy Downs in Idaho Falls. The Company submits its Application under the Idaho Electric Supplier Stabilization Act, Idaho Code $ 6l-332, el seq., and ldaho Code $ 6l-328. The latter statute states that the Commission "shall issue a public notice and shall conduct a public hearing upon the application (emphasis added)." THE APPLICATION This Agreement is submitted pursuant to the Service Allocation Agreement that Rocky Mountain Power and the City entered into on October 9, 2017. Application at 2, See Order No. 33943. Under the Service Allocation Agreement, the Company and the City agreed that just compensation for transferring customer service rights and responsibilities is l670/o of the transferring customers'previous l2 months electric bills plus the cost of the assets to serve the transferring customer or customers. In this Agreement, the total value of the transaction is $59,469. Agreement at 2. The Company requests its Application be processed by Modified Procedure. Application at 4. DECISION MEMORANDUM 1 STAFF RECOMMENDATION Staff recommends the Commission issue a Notice of Application, Notice of Modified Procedure, and a Notice of Telephonic Public Hearing. Staff recommends comments due forty- five days from issuance of the Notice and reply comments due seven days later. Staff recommends the Commission schedule a telephonic public hearing in the same time frame in order to comply with the public hearing requirementin ldaho Code $61-328. COMMISSION DECISION Does the Commission wish to issue a Notice of Application, Notice of Modified Procedure, and Notice of Telephonic Public Hearing, set a forty-five day comment period and a seven day reply period, and set a date for a telephonic public hearing? Edward J. Deputy A ll General I \Legal\ELECTRIC\PAC-E- | 9-02\PACE I 902_dec memo_ej 2DECISION MEMORANDUM