20031112_676.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
WORKING FILE
FROM:MICHAEL FUSS
DATE:NOVEMBER 6, 2003
RE:H OSSEIN KH 0 RSAND IDAHO POWER COMPLAINT.
BACKGROUND
Idaho Power (Company) is proposing to build a substation on the corner of Beacon Light
and Linder Roads near Eagle, Idaho in 2008. On June 23, 2003, the Company pursued a
Conditional Use Permit (CUP) from Ada County Development Services for the proposed site.
A number of property owners objected to the CUP for several reasons including anticipated
impacts on property value and potential health effects. On August 18 2003, the Company
withdrew its CUP Application and purchased additional property to avoid an illegal lot split in
the current zoning designation.
On July 9 2003, Staff received an informal complaint from Mr. Khorsand and his
neighbors raising concerns over the substation siting and requesting Idaho Power prove the
chosen site was the best among the possible alternatives. Mr. Khorsand complained that an
Idaho Power substation at the site would reduce adjacent property values and have negative
health effects.
As part of its investigation of the informal complaint, Staff has reviewed Idaho Power
Analysis of the Need for the Beacon Light Substation and the Method of Site Selection" and
Mr. Khorsand's independent analysis on relocating the substation approximately 2 miles away.
Based on an analysis of these two limited studies, Staff does not believe there is a justifiable
reason for the Company to modify or relocate the planned substation even though equally
suitable sites may exist.
DECISION MEMORANDUM NOVEMBER 6, 2003
Regarding potential health and safety effects, Staff finds no reason to believe that the
Company will not comply with the National Electric Safety Code approved by the Commission
for construction of the substation (IDAPA 31.11.01.101). Staff has discussed its opinion with
Mr. Khorsand without resolution of the issue. Staff also encouraged Mr. Khorsand to contact
Safety Code Officials with the Institute of Electrical and Electronics Engineers, Inc. for further
information on the topic and/or to try to change the code requirements if he believes they are
inappropriate.
On October 7 2003, the Commission received a letter from Mr. Khorsand requesting that
the Commission provide a feasibility and cost evaluation ofldaho Power s proposed substation
site on Beacon Light and Linder Roads. Based on Staff s previous discussions with Mr.
Khorsand, Staff believes the letter constitutes a request for a formal investigation.
Staff has explained to Mr. Khorsand that the Commission charges the utility with the
responsibility of providing safe, reliable and cost effective electric service to all customers within
its service territory (Idaho Code ~ 61-301 , 302). Staff finds no evidence that the Company has
not attempted to do so in this case. Rather than a formal complaint before the Commission, Staff
advised that the substation siting issues are more appropriately addressed by local county or
municipal entities.
STAFF RECOMMENDATION
Staff recommends that the Commission reject Mr. Khorsand's request for a formal
investigation and additional feasibility study and encourage him to work through the local
planning authority and Idaho Power to address his complaints and concerns regarding the siting
of this substation.
COMMISSION DECISION
Does the Commission wish to deny Mr. Khorsand's request or does the Commission wish
to open a formal case to further evaluate these substation siting issues?
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i:udmemos/KhorsandDM
DECISION MEMORANDUM NOVEMBER 6, 2003