HomeMy WebLinkAbout20201009Decision Memo.pdfDECISION MEMORANDUM 1
DECISION MEMORANDUM
TO: COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: DAYN HARDIE
DEPUTY ATTORNEY GENERAL
DATE: OCTOBER 9, 2020
SUBJECT: 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
On September 23, 2020, Rocky Mountain Power (“Company”), a division of
PacifiCorp, filed an Application requesting approval of an asset transfer agreement (“Agreement”)
between the Company and the City of Idaho Falls (“City”). Under the Agreement, the City will
purchase certain electric facilities currently owned and used by the Company to supply electric
service to Bish’s RV. The Company submits its Application under Idaho Code § 61-328, which
states that the Commission “shall issue a public notice and shall conduct a public hearing upon
the application (emphasis added).”
THE APPLICATION
The Company and the City entered into a service allocation agreement in 2017 to
reduce duplication of service and promote stability in their respective service areas. Application at
2. The Commission approved the service allocation agreement in Case No. PAC-E-17-12, Order
No. 33943.
Under the Agreement, the City will provide electric service to Bish’s RV in Idaho Falls.
Id. at 1. The City will purchase the electric facilities from the Company necessary to serve these
customers and will also compensate the Company for the lost revenue from the customers. Id.
Under the service allocation agreement, “just compensation for lost revenues [is] the amount equal
to 167% of the total of the respective customer’s electric bills from the prior twelve-month period.”
Id. at 3.
DECISION MEMORANDUM 2
The Company requests the Commission approve the Agreement, and that the case be
processed under Modified Procedure. Id. at 4.
STAFF RECOMMENDATION
Staff recommends the Commission issue a Notice of Application, Notice of Modified
Procedure, and a Notice of Telephonic Public Hearing. Staff recommends establishing a 21-day
public comment deadline and 28-day Company reply deadline. Staff recommends the Commission
schedule a telephonic public hearing in the same time frame to comply with the public hearing
requirement in Idaho Code § 61-328(2).
COMMISSION DECISION
Does the Commission wish to issue a Notice of Application, Notice of Modified
Procedure, and a Notice of Telephonic Public Hearing with public comments due in 21 days,
Company reply comments due in 28 days, and a telephonic public hearing before the Commission
deliberates?
__________________________
Dayn Hardie
Deputy Attorney General
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