20210428Comments.pdf

DAYN HARDIE
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-007 4
[phone]
IDAHO BAR NO. 9917
Street Address for Express Mail:
I I33I W CHINDEN BVLD, BLDG 8, SUITE 2OI-A
BOISE, ID 837I4
Attomey for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF ROCKY MOUNTAIN
POWER'S APPLICATION FOR APPROVAL
OF THE NON.EXCLUSIVE LIGHT POLE
ATTACHMENT LEASE AGREEMENT WITH
CINGULAR WIRELESS
CASE NO. PAC.E-21.04
COMMENTS OF THE
COMMISSION STAFF
STAFF OF the Idaho Public Utilities Commission, by and through its Attorney of
record, Dayn Hardie, Deputy Attorney General, submits the following comments.
BACKGROUND
On February 22,2021, PacifiCorp dba Rocky Mountain Power ("Company") applied to
the Commission for an order approving a Lease Agreement ("Lease") between the Company and
New Cingular Wireless PSC, LLC ("Cingular"). The Company submitted its Application under
Idaho Code $$ 61-328 and 61-332, et. seq.
The Lease allows Cingular to place wireless facilities on the Company's street light
poles. The Lease is for a ten-year term with automatic one-year renewals until either party
terminates it. Cingular will submit applications to use individual light poles to the Company.
The Company will grant or deny those applications following its review.
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1STAFF COMMENTS APzuL 28,2021
Non-metered service may be provided to Cingular under the Company's Electric Service
Regulation No. 4, which still allows recovery of the energy costs based on estimated usage.
Alternatively, the Company may require a metered service.
STAFF REVIEW
Staff recommends the Commission approve the proposed Lease between the Company
and Cingular. This Lease is like the lease agreement between Extenet Systems, Inc. and the
Company approved in Order No. 34734.t
After investigation of the Application, Staff believes the Lease complies with the
requirements of ldaho Code $$ 6l-328. This statute requires the Commission find that: (l) the
transaction is in the public interest; (2) the costs and rates for supplying service will not increase
due to the transaction; and (3) the applicant has a genuine intent and financial ability to operate
the property.
Transaction is in the Public Interest
The Lease serves the public interest by eliminating the need to place duplicative light
poles in locations where a single pole can be used to serve multiple uses. Additionally, for each
pole attachment allowed, Cingular will pay for a specifically designed light pole to replace the
existing pole. Response to Production Request No. 9. The Company, through these transactions,
will be installing a new light pole with a useful life likely greater than the existing light pole
being replaced, providing additional value to the Company's customers and the public.
Cost and Rates Will Not Increase
Staff verified that the Lease should generate sufficient revenue to offset any incremental
cost to the Company. Therefore, customers should not see their rates increase from these
transactions. Fees included in the Lease cover: (l) the cost of processing applications for
placement of a new pole; (2) the installation and capital cost of the new pole; (3) the cost of
inspection for each installation; (4) annual cost of site specific permits; (5) the cost for the
removal of a pole when the pole is no longer needed; (6) the cost of any associated liability; and
(7) the cost of Lease transfers, if Cingular relinquishes its Lease to another entity.
t PAC-E-20-05 Rocky Mountain Power's Application for Approval of a Lease Agreement with Extenet Systems Inc
2STAFF COMMENTS APRIL 28,2021
Intent and Financial Ability of Applicant
The Company will preserve its ownership of any new light pole, while only affording a
location for placement of the Cingular's wireless equipment. Therefore, the Company would
still serve its electric customers; retaining the intent and financial ability of the Company to
operate the electric distribution property in the Lease.
STAFF RECOMMENDATION
Staff recommends the Commission approve the Company's application seeking approval
of the Master Lease Agreement with Cingular for non-exclusive light pole attachments.
Respecttully submitte atli"L*aay of April2L2l
Deputy Attorney General
Technical Staff: Rick Keller
Kathy Stockton
Rachelle Farnsworth
i:umisc/comments/pace2 l.4dhrkklsrf comments
JSTAFF COMMENTS APRIL 28,2021
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 28th DAY OF APRIL 2021,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. PAC.E-21-04, BY E.MAILING A COPY THEREOF, TO THE
FOLLOWING:
TED WESTON
JOHN HUTCHINGS
ROCKY MOUNTAIN POWER
I4O7 WEST NORTH TEMPLE STE 330
SALT LAKE CITY UT 84116
E-MAIL: ted.weston@pacifi corp.com
j ohn.hutchings@pacifi com.com
DATA REQUEST RESPONSE CENTER
E.MAIL ONLY:
datarequest@f ac i ficorp.com
CERTIFICATE OF SERVICE