HomeMy WebLinkAbout20200507Application.pdf
1407 W. North Temple, Suite 330 Salt Lake City, Utah 84116
May 7, 2020
VIA ELECTRONIC DELIVERY
Diane Hanian Commission Secretary Idaho Public Utilities Commission
11331 W Chinden Blvd
Building 8 Suite 201A Boise, ID 83714
Re: CASE NO. PAC-E-20-05
IN THE MATTER OF THE APPLICATION FOR APPROVAL OF A LEASE
AGREEMENT BETWEEN ROCKY MOUNTAIN POWER AND EXTENET
SYSTEMS INC.
Dear Ms. Hanian: Enclosed for electronic filing in the above mentioned matter are Rocky Mountain Power’s and ExteNet Systems Inc. Joint Application for approval of the lease agreement as described in this Application.
Very truly yours,
Joelle Steward Vice President, Regulation
Enclosures
RECEIVED
2020 May 07AM9:19
IDAHO PUBLIC
UTILITIES COMMISSION
Adam Lowney (ISB#10456) McDowell Rackner Gibson PC
419 SW 11th Avenue, Suite 400 Portland, OR 97205 Telephone: (503) 595-3926 Fax: (503) 595-3928 Email: adam@mrg-law.com
Attorney for Rocky Mountain Power
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION FOR APPROVAL OF
A LEASE AGREEMENT BETWEEN
ROCKY MOUNTAIN POWER AND
EXTENET SYSTEM, INC.
)
) CASE NO. PAC-E-20-05
)
) APPLICATION OF
) ROCKY MOUNTAIN POWER
)
Rocky Mountain Power, a division of PacifiCorp (“Rocky Mountain Power” or the
“Company”), pursuant to provisions of the Electric Stabilization Act, I.C. § 61-332, et. seq.,
and I.C. § 61-328, hereby files this Application with the Idaho Public Utilities Commission
(“Commission”) for approval of the Lease Agreement (“Lease”) between Rocky Mountain
Power and ExteNet Systems, Inc. (“ExteNet”). The Lease allows ExteNet to use Company
street light poles for small cell wireless facility attachment throughout the State of Idaho. In
support of this Application, Rocky Mountain Power states as follows:
1. Rocky Mountain Power, a division of PacifiCorp, an Oregon corporation,
located at 1407 West North Temple, Salt Lake City, Utah 84116, is authorized to do and is
doing business in the State of Idaho. The Company provides retail electric service to
approximately 83,000 customers in the state and is subject to the jurisdiction of the
Commission. The Company’s retail certificated service territory encompasses portions of
Fremont, Madison, Teton, Clark, Jefferson, Lemhi, Oneida, Bannock, Franklin, Caribou,
Butte, Bingham, Bear Lake and Bonneville counties. Rocky Mountain Power is a public utility
in the state pursuant to Idaho Code § 61-129.
2. ExteNet, a Delaware corporation, is a telecommunications company that
desires to lease space on certain of the Company’s light pole or poles ("Pole Space") in
Idaho. ExteNet's purpose is to locate certain communication equipment and facilities on Pole
Space used in connection with its business operations.
I. BACKGROUND
3. On February 25, 2020, the Company and ExteNet entered into a Lease to allow
ExteNet to use certain of the Company’s street light poles throughout Idaho for small cell
wireless facility attachments. The Lease has a term of 10 years with automatic one-year
renewals until it is terminated by either the Company or ExteNet.
4. Under the Lease, ExteNet will submit to the Company applications to use
individual streetlight poles. The applications will either be granted or denied upon review by
the Company.
5. ExteNet agrees to pay a per pole application fee, processing and review fee, and
an inspection fee as outlined in the fee schedule for non-recurring charges on page 1 of Exhibit
B of the Lease included as Attachment 1 to this Application.
6. ExteNet estimates placing cell facilities on 125 streetlight poles in Idaho; each
pole is valued at . The cell facilities will be gradually placed on the streetlight poles during
the initial years of the Lease. Therefore, the best method to calculate the value of the Lease is
to assume facilities will be placed on 12 streetlight poles per year over the ten-year term of the
Lease. This method of calculating the value of the Lease results in a Lease payment.
7. On September 27, 2019, the Company applied to the Commission for an order
authorizing the Company to revise Electric Service Regulation No. 4 - Supply of Service, to
allow unmetered service in certain instances for small usage devices whose total connected
load does not exceed 2 kilowatts.1 Electric Service to ExteNet’s small cell wireless facilities
will be provided under this unmetered service regulation.
II. REQUEST FOR APPROVAL OF THE LEASE
8. Rocky Mountain Power and ExteNet hereby jointly petition the Commission
for approval of the Lease, provided as Attachment 1 to this Application.
9. The Lease will not cause an increase to rates or cost of service instead it
generates revenue credits benefiting customers while not impairing the Company’s ability to
serve its customers. Therefore the Company believes this Lease is in the public interest.
III. COMMUNICATION
10. Communications regarding this Application should be addressed to:
Ted Weston
1407 W. North Temple, Suite 330 Salt Lake City, Utah 84116 Telephone: (801) 220-2963 Fax: (801) 220-2798 Email: ted.weston@pacificorp.com
In addition, the Company respectfully requests that all data requests regarding this matter be
addressed to one or more of the following:
By e-mail (preferred) datarequest@pacificorp.com
By regular mail Data Request Response Center PacifiCorp 825 NE Multnomah, Suite 2000
Portland, OR 97232
MODIFIED PROCEDURE
11. Rocky Mountain Power believes that consideration of the proposal contained
in this Application does not require an evidentiary proceeding, and accordingly the Company
1 In the matter of Rocky Mountain Power’s Application to revise Electric Service Regulation No. 4 – Supply and Use of Service. Case No. PAC-E-19-14, Order No. 34504.
requests that this Application be processed under RP 201 allowing for consideration of issues
under Modified Procedure, i.e., by written submissions rather than by an evidentiary hearing.
REQUEST FOR RELIEF
12. WHEREFORE, Rocky Mountain Power and ExteNet respectfully request that
the Commission issue an order authorizing this matter to be processed under Modified
Procedure and approving the Lease provided as Attachment 1 to this Application.
DATED this 6th day of May, 2020. Respectfully submitted,
ROCKY MOUNTAIN POWER
__________________________
Adam Lowney (ISB#10456)
McDowell Rackner Gibson PC 419 SW 11th Avenue, Suite 400 Portland, OR 97205 Telephone: (503) 595-3926
Fax: (503) 595-3928
Email: adam@mrg-law.com Attorney for Rocky Mountain Power
Attachment A
THIS ATTACHMENT IS CONFIDENTIAL IN ITS
ENTIRETY AND IS PROVIDED UNDER SEPARATE
COVER