20190523notice_of_application_order_no_34337.pdf

Office of the Secretary
Service Date
May 23,2019
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )CASE NO.PAC-E-19-06
FOR APPROVAL OF THE PROFESSIONAL )
WAY-BROADWAY ASSET PURCHASE )NOTICE OF APPLICATION
AGREEMENT AND TRANSFER OF )SERVICE BETWEEN ROCKY MOUNTAIN )NOTICE OF
POWER AND THE CITY OF IDAHO FALLS )MODIFIED PROCEDURE
)NOTICE OF TELEPHONIC
)HEARING
)ORDER NO.34337
On May 10,2019,Rocky Mountain Power ("Company")filed an Application
requesting approval of the Asset Purchase Agreement entered into by the Company and the City
of Idaho Falls ("City").With this Order,the Commission issues notice of the Application,
establishes a public comment period,and sets a date for a telephonic public hearing.
BACKGROUND
The Company submits its Application for approval under the Idaho Electric Supplier
Stabilization Act,Idaho Code §§61-332 through 61-334C,and the electric utility asset transfer
statute,Idaho Code §61-328.The Company requested that its Application be processed under
Modified Procedure,Rule 201 et seq.See IDAPA 31.01.01.201 through.204.Typically,the use
of Modified Procedure contemplates written submissions without a live hearing.However,Idaho
Code §61-328 states the Commission "shall issue a public notice and shall conduct a public
hearing upon the application (emphasis added)."
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that with this Application,the Company asks the
Commission to approve the Company's Asset Purchase Agreement with the City ("Agreement").
A copy of the Agreement is attached to the Application.
YOU ARE FURTHER NOTIFIED that the Company filed its Application pursuant to
the Service Allocation Agreement authorized by the Commission in Order No.33943.
YOU ARE FURTHER NOTIFIED that the Company and the City have agreed to
transfer future electric service of six (6)customers from the Company to the City.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF TELEPHONIC HEARING
ORDER NO.34337 1
YOU ARE FURTHER NOTIFIED that the City has agreed to pay the Company 167%
of the six (6)transferred customers'previous twelve (12)months electric bills,plus the value of
the transferred assets,tax gross-up,separation costs,and legal and transactional costs.The total
sale price in the contemplated transaction is $31,751.00.
YOU ARE FURTHER NOTIFIED that the Application and supporting documentation
have been filed with the Commission and are available for public inspection during regular
business hours at the Commission's offices.These documents are also available on the
Commission's web site at www.puc.idaho.gov.Click on the "Open Cases"link under the heading
"Electric"and click on the case number as shown on the front of this document.
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.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission's jurisdictionunder Title 61 of the Idaho Code,including Idaho Code
§§61-501-61-503,61-328,and 61-332 -61-334C.The Commission may enter any final Order
consistent with its authorityunder Title 61.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the Commission's Rules of Procedure.See 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 later
than June 18,2019.The comment must contain a statement of reasons supporting the comment.
Written comments concerning this Application shall be mailed to the Commission,the Company,
and the City at the addresses reflected below:
For the Commission:For the Company:
Commission Secretary Ted Weston
Idaho Public Utilities Commission Daniel E.Solander
PO Box 83720 1407 W.North Temple,Suite 330
Boise,ID 83720-0074 Salt Lake City,Utah 84116
E-Mail:[e-mail]
[e-mail]
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF TELEPHONIC HEARING
ORDER NO.34337 2
Street Address for Express Mail:For the City:
472 W.Washington Street Idaho Falls City Power
Boise,ID 83702-5918 Bear Prairie
140 South Capital Avenue
Box 50220
Idaho Falls,Idaho 83405
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 www.guc]Aho.goy.Click the "Utility 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 Company may file reply comments,if
necessary,by no later than June 25,2019.
NOTICE OF TELEPHONIC PUBLIC HEARING
YOU ARE FURTHER NOTIFIED that the Commission's Rules of Modified
Procedure contemplate that a case will be processed by written submissions without the need for
a public hearing.However,the Commission finds good cause to schedule a public hearing in this
case because the Company filed its Application under Idaho Code §61-328,and that statute
requires a public hearing.
YOU ARE FURTHER NOTIFIED that the Commission will conduct a public
telephonic customer hearing in this matter on TUESDAY,June 11,2019 AT 2:00 P.M.MDT.
The purpose of the public hearing is to take testimony from members of the public and the
Company's customers.To participate,interested persons can call 1-800-920-7487 shortlybefore
or at the designated time,and enter the passcode 6674832#when prompted.
YOU ARE FURTHER NOTIFIED that the telephonic hearing will meet accessibility
requirements of the Americans with Disabilities Act.Persons needing the help of a sign language
interpreter or other assistance in order to participate in or to understand testimony at a public
hearing may ask the Commission to provide a sign language interpreter or other assistance at the
hearing.The request for assistance must be received at least five (5)working days before the
hearing by contacting the Commission Secretary at:
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF TELEPHONIC HEARING
ORDER NO.34337 3
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE,IDAHO 83720-0074
[phone] (Telephone)
[phone] (FAX)
E-Mail:[e-mail]
ORDER
IT IS HEREBY ORDERED that the Company's Application be processed by Modified
Procedure,Rule 201-204.See IDAPA 31.01.01.201 through .204.Persons interested in submitting
written comments must do so by no later than June 18,2019.The Company may file reply
comments,if necessary by no later than June 25,2019.
IT IS FURTHER ORDERED that a telephonic public hearing be held on the
Company's Application on TUESDAY,June 11,2019.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of May 2019.
PAUL Ki LARI ,PRESIDENT
KRÈTINE RAPE OMMISSIONER
ERIC ANDERSON,COMMISSIONER
Diane M.Hanian
Commission Secretary
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NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF TELEPHONIC HEARING
ORDER NO.34337 4