20031112_684.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:HOSSEIN KHORSAND IDAHO POWER COMPLAINT.
BACKGROUND
Idaho Power (Company) is proposing to build a substation on the comer 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 , Staffreceived 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 (IDAP A 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 of Idaho 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?
/~~
hael Fus
i:udmemos/KhorsandDM
DECISION MEMORANDUM NOVEMBER 6, 2003
/'7It(
Oct. 5th, 2003
RECEIVED illFILED
IUD) OCT - 7 jtH 3: 03
Ms. Jean Jewell, Commission Secretary
Idaho Public Utilities Commission
O. Box 83720
Boise, ill 83720-0074
IDAHO PUB! IC
UnLIT IES CDr1MISSION
Dear Ms. Jewell:
Enclose please find the letters and some of the papers that I have sent to Ada County and
to Mr. Michael Fuss. I would like to call your attention particularly to my letter to Mr.
Barrutia, the project manager of the proposed Beacon Light substation at Idaho Power.
When Idaho Power planned a 40 MW substation site adjacent to an existing house, and
fifty feet away from a future house, with its feeder lines crossing over the bedrooms of
people, it did not consider the "negative impact" factor in their plan. Idaho Power claims
that the selected site is a technical necessity because an alternative site would make the
power delivery expensive and inefficient. In public hearings they keep telling us they
don t have a choice because it is PUC's mandate that new demands for electricity to be
met, and done so with minimum possible cost. Their presentations lack any transparency,
hidden behind a vale of mysterious (where is it?) know-how, plans, or studies.
In letters to IP I have requested for analysis that justifies their proposed plan.
Furthermore, I have submitted that it is reasonable to place substation on major roads
such as HWY 16, 55, or 44 rather than on a residential minor road. I have presented
analysis that show alternative sites neither would increase the cost significantly, nor
would they create technical problems. So far IP's response has contained nothing specific
and "land availability" has been mentioned the reason for the site selection. However
the response to Ada County Planning & Zoning, and public is a vague claim that the
proposed location is an engineering necessity. Since P&Z do not have the technical
expertise to evaluate the technical necessity claim versus negative impact factor in a
comprehensive manner, I am requesting from PUC to provide a feasibility and cost
evaluation ofIP's proposed site versus alternative sites. Should the evaluation show the
alternative sites mentioned above present technical or cost problems which are
substantially in conflict with PUC guidelines, please share that engineering analysis with
me and the people concerned. If the alternative sites do not pose a conflict with your
guidelines, I would appreciate a letter to that effect.
Sincerely,
II hI- v-t:F J/L-A--
Hossein Khorsand
4132 Ballantyne Ln.
Eagle, ill 83616
[phone]