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HomeMy WebLinkAbout20190718notice_of_application_order_no_34378.pdfOffice of the Secretary Service Date July 18,2019 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION )CASE NO.PAC-E-19-09 FOR APPROVAL OF THE SUNNYSIDE ) ASSET TRANSFER AGREEMENT )NOTICE OF APPLICATION BETWEEN ROCKY MOUNTAIN POWER )AND THE CITY OF IDAHO FALLS )NOTICE OF )MODIFIED PROCEDURE )NOTICE OF TELEPHONIC )HEARING )ORDER NO.34378 On June 24,2019 PacifiCorp dba Rocky Mountain Power ("Company")filed an Application requesting the Commission's approval of the Asset Purchase Agreement ("Agreement")entered into between the Company and the City of Idaho Falls ("City").With this Order,the Commission issues notice of the Application,establishes public comment and Company reply deadlines,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 et seq.,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 Agreement with the City.A copy of the Agreement is attached to the Application. YOU ARE FURTHER NOTIFIED that the Company filed its Application pursuant to the 2017 Service Allocation Agreement authorized by the Commission in Order No.33943. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF TELEPHONIC HEARING ORDER NO.34378 1 YOU ARE FURTHER NOTIFIED that the Company and the City have agreed to transfer the future electric service of one (1)customer from the Company to the City. YOU ARE FURTHER NOTIFIED that the City has agreed to pay the Company 167% of the one (1)transferred customer's most recent 12-months electric bills,plus the value of the transferred assets,tax gross-up,separation costs,and legal/transactional costs.The total sale price in the contemplated transaction is $9,440. 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 office.These documents are also available on the Commission's web site at wwwauc.idaho.go_v.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 jurisdiction under Title 61 of the Idaho Code,includingIdaho 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 31.01.01.201through .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 14-days from the service date of this Order.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: NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF TELEPHONIC HEARING ORDER NO.34378 2 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:ted.weston pacificorg.cogi Street Address for Express Mail:daniego ndei gacificorgeorn 472 W.Washington Street Boise,ID 83702-5918 For the City: Idaho Falls City Power 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 .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 21-days from the service date of this Order. 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,JULY 30,2019 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. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF TELEPHONIC HEARING ORDER NO.34378 3 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: IDAHO PUBLIC UTILITIES COMMISSION PO BOX 83720 BOISE,IDAHO 83720-0074 (208)334-0338 (Telephone) (208)334-3762 (FAX) E-Mail:secretary@puc.idaho.gov 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 14-days from the date of this Order.The Company may file reply comments,if necessary,by no later than 21-days from the date of this Order. IT IS FURTHER ORDERED that a telephonic public hearing be held on the Company's Application on TUESDAY,JULY 30,2019 AT 2 P.M.MDT. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF TELEPHONIC HEARING ORDER NO.34378 4 DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this day of July 2019. PAUL KJ LAN ,PRESIDENT KRI TINE RAPER,MMISSIONER ERIC ANDERSON,COMMISSIONER Diane M.Hanian Commission Secretary I:\Legal\LORDERS\PACEl909_NtcAppNtcMod_Ntchear_dh docx NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF TELEPHONIC HEARING ORDER NO.34378 5