20210819Notice_of_Application_Order_No_35142.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF TELEPHONIC HEARING
ORDER NO. 35142 1

Office of the Secretary
Service Date
August 19, 2021
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF ROCKY MOUNTAIN
POWER’S APPLICATION FOR APPROVAL
OF THE ASSET TRANSFER AGREEMENT
BETWEEN ROCKY MOUNTAIN POWER
AND THE CITY OF IDAHO FALLS – 733
CUSTOMERS
)
)
)
)
)
)
)
)
)
)
)
CASE NO. PAC-E-21-17

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

NOTICE OF TELEPHONIC
HEARING

ORDER NO. 35142

On July 20, 2021, 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 will buy Company-owned electric facilities
that the City needs to provide electric service to 733 customers in Idaho Falls (“Customers”). With
this Order, the Commission issues a Notice of Modified Procedure, establishes public comment
and Company reply comment 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 is a public utility in the state of
Idaho under Idaho Code § 61-129. The City owns and operates an electric power system and
indicates that it has a bona-fide intent and financial ability to provide services to the Customers.
YOU ARE FURTHER NOTIFIED that the Company and the City entered into a
service allocation agreement in 2017 to reduce duplication of service and promote stability in their
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF TELEPHONIC HEARING
ORDER NO. 35142 2

respective service areas. The Commission approved the service allocation agreement in Case No.
PAC-E-17-12, Order No. 33943.
YOU ARE FURTHER NOTIFIED that under the Agreement, the City compensates
the Company for lost revenues arising from the Customer’s departure. Under the Agreement just
compensation for lost revenues is the amount equal to 167% of each customer’s electric bills from
the most recent twelve months of active provision of electric service. The City would also
purchase poles, wires, cross arms, insulators, guys and other facilities no longer needed or required
by the Company to service the Customers.
YOU ARE FURTHER NOTIFIED that the total sale price for the transaction would be
$4,152,351.
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. 35142 3

YOU ARE FURTHER NOTIFIED that persons desiring to state a position on this
Application may file a written comment explaining why the person supports or opposes the
Application. Persons who would like a hearing must specifically request a hearing in their written
comments. Persons must file comments by September 14, 2021. Comments must be filed
through the Commission’s website or by e-mail unless computer access is unavailable. To
comment electronically, 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. To file by e-mail, the customer must e-mail the
comments to the Commission Secretary and the Company at the e-mail addresses listed below. If
computer access is unavailable, then comments may be mailed to the Commission and Company
at these addresses:
For the Commission:

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
[e-mail]

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
[e-mail]
[e-mail]

Data Request Response Center
PacifiCorp
825 NE Multnomah Street, Suite 2000
Portland, OR 97232
[e-mail]

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
by September 21, 2021.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF TELEPHONIC HEARING
ORDER NO. 35142 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 WEDNESDAY, SEPTEMBER 22, 2021, AT 6:00
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 1-415-655-
0001 shortly before the designated time, and enter the meeting number 177 851 2120 when
prompted. Those planning to testify are encouraged to start calling in to the hearing at 5:45 p.m.
(MDT) on September 22, 2021.
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
[e-mail] or [phone] and provide their name and the telephone number
they will be calling in on. Please provide this information no later than noon on Wednesday,
September 22, 2021. 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. 35142 5

IDAHO PUBLIC UTILITIES COMMISSION
P.O. BOX 83720
BOISE, IDAHO 83720-0074
[phone] (Telephone)
[phone] (FAX)
[e-mail]

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 by September 14, 2021. The Company must file any reply comments
by September 21, 2021.
IT IS FURTHER ORDERED that a telephonic public hearing be held on the
Company’s Application on Wednesday, September 22, 2021, at 6:00 p.m. MDT.
IT IS FURTHER ORDERED that parties should continue to comply with Order No.
35058, issued June 3, 2021. All pleadings should be filed with the Commission electronically and
shall be deemed timely filed when received by the Commission Secretary. See Rule 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. 35142 6

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 19th day
of August 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\PAC-E-21-17\orders\PACE2117_Ntc App Mod Hear_es.docx