20220902Notice_of_Application_Order_No_35522.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF TELEPHONIC HEARING
ORDER NO. 35522 1

Office of the Secretary
Service Date
September 2, 2022
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 FOR
REED’S DAIRY
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CASE NO. PAC-E-22-11

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

NOTICE OF TELEPHONIC
HEARING

ORDER NO. 35522

On August 8, 2022, Rocky Mountain Power (“Company”), a division of PacifiCorp,
applied to the Commission for approval of an Asset Transfer Agreement (“Agreement”) between
the Company and the City of Idaho Falls (“City”). Under the Agreement, the City would purchase
“certain electric facilities currently owned and used by the Company to supply electric service to
Reed’s Dairy.” Application at 1. The Company requests its Application be processed by Modified
Procedure.
We now issue this Notice of Application, establish dates for public comments and for
the City and Company’s reply, and set the time and date for a Telephonic Public Hearing.
BACKGROUND
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. The
Commission approved the service allocation agreement in Case No. PAC-E-17-12, Order No.
33943. Under the Service Allocation 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 12
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.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF TELEPHONIC HEARING
ORDER NO. 35522 2

The Company submits its Application for approval under the Idaho Electric Supplier
Stabilization Act, Idaho Code §§ 61-332 et. seq., and the electric utility asset transfer statute, Idaho
Code § 61-328.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that Reed’s Dairy has requested that its electric
service be transferred to the City and has been notified by the Company that it has entered into the
Agreement to transfer service. The Company and the City have agreed to transfer electric service
and the City has agreed to purchase the facilities described in Exhibit A of the Agreement, provided
as Attachment No. 1 to the Application.
YOU ARE FURTHER NOTIFIED that the Company asserts that the transaction
complies with Idaho Code § 61-328 and is in the public interest. The Company asserts the City
has the intent and ability to provide service to Reed’s Dairy.
YOU ARE FURTHER NOTIFIED that the City has agreed to pay the Company 167%
of the Reed’s Diary’s previous 12 months electric bills, plus the value of the transferred assets, tax
gross-up, separation costs, and legal and transactional costs. The total sale price in the
contemplated transaction is $85,594.
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 website 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.
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
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF TELEPHONIC HEARING
ORDER NO. 35522 3

Commission notes that Modified Procedure and written comments have proven to be an effective
means for obtaining public input and participation.
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, 2022. 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 “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, 2022.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF TELEPHONIC HEARING
ORDER NO. 35522 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 MONDAY, SEPTEMBER 26, 2022, AT 11:00
A.M. MDT. The purpose of the public hearing is to take testimony from members of the public
and customers of the Company. To participate, interested persons can call 1-415-655-0001 shortly
before the designated time, and enter the meeting number 2468 706 9243 when prompted. Those
planning to testify are encouraged to start calling in to the hearing at 10:45 a.m. (MDT) on
September 26, 2022.
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 Friday, September
23, 2022. 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. 35522 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, 2022. The Company must file any reply comments
by September 21, 2022.
IT IS FURTHER ORDERED that a telephonic public hearing be held on the
Company’s Application on Monday, September 26, 2022, at 11:00 a.m. MDT.
IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April
21, 2022. Generally, all pleadings should be filed with the Commission electronically and will be
deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service between
parties should continue to be accomplished electronically when possible. However, voluminous
discovery-related documents may be filed and served on CD-ROM or a USB flash drive.

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NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF TELEPHONIC HEARING
ORDER NO. 35522 6

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 2nd day
of September 2022.

ERIC ANDERSON, PRESIDENT

JOHN CHATBURN, COMMISSIONER

JOHN R. HAMMOND JR., COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\PAC-E-22-11 Reed's Dairy\orders\PACE2211_NtcApp_Mod_Tele_md.docx