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HomeMy WebLinkAbout20201016Notice_of_Application_Order_No_34815.pdfNOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF TELEPHONIC HEARING ORDER NO. 34815 1 Office of the Secretary Service Date October 16, 2020 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF ROCKY MOUNTAIN POWER’S APPLICATION FOR APPROVAL OF THE BISH’S RV ASSET TRANSFER AGREEMENT BETWEEN ROCKY MOUNTAIN POWER AND THE CITY OF IDAHO FALLS ) ) ) ) ) ) ) ) ) ) ) CASE NO. PAC-E-20-12 NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF TELEPHONIC HEARING ORDER NO. 34815 On September 23, 2020, Rocky Mountain Power (“Company”), a division of PacifiCorp, asked the Commission to approve its asset transfer agreement (“Agreement”) with the City of Idaho Falls (“City”). Under the Agreement, the City would buy Company-owned electric facilities that the City needs to provide electric service to Bish’s RV in Idaho Falls (“customer” or “Bish’s RV”). With this Order, the Commission establishes public comment and Company reply deadlines and schedules a telephonic public hearing. BACKGROUND The Company submits its Application under the electric utility asset transfer statute, Idaho Code § 61-328. The Company requests that its Application be processed under Modified Procedure, Rule 201 et seq. See IDAPA 31.01.01.201 through .204. Typically, Modified Procedure contemplates a case would be processed through written submissions without a live hearing. However, the electric utility asset transfer statute, Idaho Code § 61-328, requires the Commission to “conduct a public hearing upon the application.” NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED that the Company and the City signed a service allocation agreement in 2017 to reduce duplication of service and promote stability in their respective service areas. The Commission approved the service allocation agreement in Case No. PAC-E-17-12, Order No. 33943. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF TELEPHONIC HEARING ORDER NO. 34815 2 YOU ARE FURTHER NOTIFIED that under the Agreement, the City would provide electric service to Bish’s RV. The City would buy electric facilities from the Company to serve this customer. The City also would compensate the Company for the lost revenues arising from the customer’s departure. The Agreement defines “just compensation for lost revenues” as “the amount equal to 167% of the total of the respective customers’ electric bills from the prior 12- month period.” YOU ARE FURTHER NOTIFIED that besides compensating the Company for lost revenues, the City would pay the Company for the value of the transferred assets, tax gross-up, separation costs, and legal/transactional costs. The total sale price for the transaction would be $78,268. 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 www.puc.idaho.gov. Click on the “ELECTRIC” icon, select “Open Cases,” 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, specifically Idaho Code §§ 61-501 to 61-503, 61-328, and 61-332, et seq. The Commission may enter any final Order consistent with its authority under Title 61. NOTICE OF MODIFIED PROCEDURE YOU ARE FURTHER NOTIFIED that the Commission has determined that the public interest may not require a formal hearing in this matter and it will review the case through written submissions under the Commission’s Rules of Modified Procedure Rules 201 through 204 of the Idaho Public Utilities Commission’s Rules of Procedure, IDAPA 31.01.01.201-204. The Commission notes that Modified Procedure and written comments have proven to be an effective means for obtaining public input and participation. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF TELEPHONIC HEARING ORDER NO. 34815 3 YOU ARE FURTHER NOTIFIED that persons desiring to state a position on this Application must file a written comment with the Commission explaining why the person supports or opposes the Application within 21 days from the service date on this Order. Persons who would like a hearing must specifically request a hearing in their written comments. Comments must be filed by e-mail unless e-mail is unavailable. To comment by e-mail, please access the Commission’s home page at www.puc.idaho.gov. Click the “Consumers” tab and then “Case Comment Form” and complete the form using the case number as it appears on the front of this document. Comments filed by e-mail must also be e-mailed to the Company at the e-mail addresses listed below. If e-mail is unavailable, then comments may be mailed to the Commission, the Company, and the City at these addresses: For the Commission: Commission Secretary Idaho Public Utilities Commission P.O. Box 83720 Boise, ID 83720-0074 Street Address for Express Mail: 11331 W. Chinden Blvd. Building 8, Suite 201-A Boise, ID 83714 For the Company: Ted Weston Emily Wegener 1407 W. North Temple, Suite 330 Salt Lake City, Utah 84116 ted.weston@pacificorp.com emily.wegener@pacificorp.com Data Request Response Center PacifiCorp 825 NE Multnomah Street, Suite 2000 Portland, OR 97232 datarequest@pacificorp.com For City of Idaho Falls: Bear Prairie Idaho Falls City Power 140 S. Capital Ave. P.O. Box 50220 Idaho Falls, ID 83405 YOU ARE FURTHER NOTIFIED that the Company must file any reply comments within 28 days from the service date on this Order. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF TELEPHONIC HEARING ORDER NO. 34815 4 YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the time limit set, the Commission will consider this matter on its merits and enter its order without a formal hearing. If written comments are received within the time limit set, the Commission will consider them and, in its discretion, may set the same for formal hearing. 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, OCTOBER 27, 2020, AT 3:00 P.M. MDT. The purpose of the public hearing is to take testimony from members of the public and customers of Rocky Mountain Power. To participate, interested persons can call 1-800-920-7487 shortly before or at the designated time, and enter the passcode 6674832# when prompted. Those planning to testify are encouraged to start calling in to the hearing at 2:30 p.m. (MDT) on October 27, 2020. YOU ARE FURTHER NOTIFIED that to identify callers and manage the telephonic hearing efficiently, those interested in testifying are encouraged to contact Adam Rush at adam.rush@puc.idaho.gov or (208) 334-0339 and provide their name and the telephone number they will be calling in on. Please provide this information no later than noon on Tuesday, October 27, 2020. Additional callers will not be prohibited from testifying but will be accommodated after the pre-identified callers have testified. 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 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 working days before the hearing by contacting the Commission Secretary at: NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF TELEPHONIC HEARING ORDER NO. 34815 5 IDAHO PUBLIC UTILITIES COMMISSION P.O. BOX 83720 BOISE, IDAHO 83720-0074 (208) 334-0338 (Telephone) (208) 334-3762 (FAX) secretary@puc.idaho.gov O R D E R 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 within 21 days from the service date of this Order. The Company must file any reply comments within 28 days from the service date of this Order. IT IS FURTHER ORDERED that a telephonic public hearing be held on the Company’s Application on Tuesday, October 27, 2020 at 3:00 P.M. MDT. IT IS FURTHER ORDERED that parties continue to comply with Order No. 34781, issued September 17, 2020. All pleadings should be filed with the Commission electronically and shall be deemed timely filed when received by the Commission Secretary. See Commission Rule of Procedure 14.02. Service between parties should also be accomplished electronically. Voluminous discovery-related documents may be filed and served on CD-ROM or a USB flash drive. /// NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF TELEPHONIC HEARING ORDER NO. 34815 6 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 15th day of October 2020. PAUL KJELLANDER, PRESIDENT KRISTINE RAPER, COMMISSIONER ERIC ANDERSON, COMMISSIONER ATTEST: Jan Noriyuki Commission Secretary I:\Legal\ELECTRIC\PAC-E-20-12\orders\PACE2012_Ntc App Mod Hear_dh.docx