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Home My WebLink About1997-059 Order - PacifiCorp ENTERED 9,1-2.12. JUN 0 9 1997 ORDER NO. BEFORE THE PUBLIC UTILITY COMMISSION OF OREGON UA52 In the Matter of the Petition ofPACIFICORP ) Seeking Approval of a PacifiCorp - City of ) Ashland Agreement to Transfer a Fringe-Area ) Customer. ) ORDER DISPOSITION: AMENDED PETITION GRANTED On July 2, 1996, PacifiCorp filed a petition with the Public Utility Commission of Oregon (Commission) pursuant to ORS 758.410 through ORS 758.425. The petition requested approval ofan agreement between PacifiCorp and the City of Ashland (City), under which the City would provide retail electric service to Ms. Laurie Montero, a fringe area customer located within the exclusive service territory allocated to PacifiCorp. Public notice of the application was published in the AsWand Daily Tidings on Ju1y 22 and July 29, 1996. A request for hearing was filed by Ms. Bonnie Brodersen on August 16, 1996. On October 9, 1996, PacifiCorp filed an amended petition with the Commission. The amended petition seeks to withdraw the original agreement between PacifiCorp and the City and substitute the Modified Agreement attached to this order as App~ndix A and in.ccrporated by reference. The Modified Agreement not only transfers the right to serve Ms. Montero, but also certain service territory currently allocated to PacifiCorp. Exhibit A of the Modified Agreement lists the specific service territory that PacifiCorp proposes to transfer to the City. On May 22, 1997, a hearing was held in Ashland, Oregon, in this matter. At the hearing, Ms. Brodersen withdrew her objection to the amended petition filed by PacifiCorp. No other person appeared at the hearing to object to the petition. / Based on our review of the filing, the Commission finds that the Modified Agreement wi~l avoid the unnecessary duplication of facilities; promote efficient, economic, and safe operation of the utility systems operated by PacifiCorp and the City; and provide adequate and reasonable service. The amended pet' . w~r~. r. .. D []! U>;fiS mil V- ~I llIJl : : : ;.,,_;, "~~6 ORDER ORDER NO. 9, '1 - 2. 1 2 IT IS ORDERED that the amended petition filed by PacifiCorp is approved. The service territory described in Appendix A of this order is transferred to the City of AsWand effective immediately. Made, entered, and effective JUN 0 9 1997 AP ~L-- Ron Eachus Commissioner ~::::~a-. Commissioner A party may request rehearing or reconsideration of this order pursuant to ORS 756.561. A request for rehearing or reconsideration must be filed with the Commission within 60 days of the date of service of this order. The request must comply with the requirements in OAR 860-014-0095. A copy of any such request must also be served on each party to the proceeding as provided by OAR 860-013-0070(2). A party may appeal this order to a court pursuant to ORS 756.580. n:\petrillo\ua520rd I / 6i 2 9,? · 2. 1 2 P ACIFICORP-CITY OF ASHLAND MODIFIED Agreement To Serve Fringe Area Customer Laurie Montero This Modified Agreement to Serve Fringe Area Customer (" Agreement") is made between PacifiCorp, doing business as Pacific Power & Light Company, an Oregon corporation, and the City of Ashland, an Oregon municipality (collectively the "Parties" and individually, "Party"). The Parties intend that this Modified Agreement is to take the place of that PacifiCorp-City of Ashland Agreement to Serve Fringe Area Customer, Laurie Montero, executed December 19, 1995 by the City of Ashland and January 16, 1996 by PacifiCorp . In consideration of the promises contained in this Agreement, the Parties agree to the following terms and conditions: 1. Laurie Montero ("Customer") occupies, or will occupy premises at completion of construction of said premises, located at 821 Grandview Rd, Ashland, Oregon. Customer is located within the electric service territory exclusively designated and authorized to PadfiCorp by the Oregon Public Utility Commission ("OPUC"). 2. The City of Ashland agrees to provide electric service to Customer at the above-referenced location in accord with its applicable tariffs, and PacifiCorp will permit the City of Ashland to do so in PacifiCorp's currently authorized service territory. . 3. This Agreement is not intended to and does not establish any precedent for either Party serving any other person at a different locale in the electric service territory of the other Party or for changing any boundary, save and except for that changed herein, of the e1ectric service territory of either Party. The City of Ashland will not serve any other customers within PacifiCorp' selectric service territory without the express written agreement of PacifiCorp. 4. In addition to transfer of customer-Montero, PacifiCorp hereby transfers from its current OPUC-approved, allocated service territory, the real property set forth in Agreement Exhibit A, attached hereto and incorporated by this reference as though fully set forth herein. 5. This Agreement will be binding on the Parties when both have executed it. This Agreement will become effective when approved by the OPUC. This Agreement is subject to all of the Parties' applicable tariffs and rate schedules on file and,authorized by the OPUC, and will at all times be subject to such / PDX3-1743S3.1 20011-0009 APPENDIX A PAGE 1 OF 3 9.7 -2.12. changes or modifications as the OPuc may direct from time to time in the exercise of its jurisdiction. 6. Each Party will indemnify and hold harmless the other Party, its officers, agents and employees against all cost, loss, damage, expense and liability resulting from injury to or death of any person, including, but not limited to employees of the Parties, or from destruction or damage to any property, including but not limited to property of the Parties, arising out of or connected with the performance or non-performance of this Agreement, however caused, including construction activities, except when caused by the gross negligence or willful misconduct of the other Party, its officers, agents or employees. Each Party will, at its expense and 'On the other Party's request, defend any suit or other action asserting a claim covered by this mdemnity. Each Party will pay any cost that may bC iricurred by the other Party in enforcing this indemnity, including reasonable attorneys' fees. PACIFICORP Title Date /~/&" /7' 0 I / PDX3-1743S3.1 20011-0009 City of AsWand BY~ :;2 Title c::- Date APPENDIX A PAGE 2 OF 3 ..,,- APPENDIX A PAGE 3 OF 3 / ) ! 1Jeq. at: a po em tha U.na of an II, vtdob poll\~ b-.an It .'-5SI, WeaC. 1 , t.at ~ SOQtta ona-quart.r go.:ne .....14 C :1aa S, ~ 3. II ,t:h, b~ ~ tu.'t. Villa . Marldb.n. J&okaon W. OJ:"e9'Oft'aI\OIk Ircn:'tb 00.'1"1- ....~, a. t'..~ a.lon9 tile ~ J.!n. o~ t:.1 ~= d"OJ;'1bed 1n Vol\IiA , ,.~ UJ af O.ffJ.c JacUon Coal r o.MI bOOrdI, to .. a/.- 1 thQC:e.lIorth I'"'' NUt, paraU, ri~ the ~tb l1t\e ar ~ Seot.1oa 5, 1'0.0 =.' to .. I/t pin, Chance Korth O~1.~ W6la1:, 223..0 ~..c << _/a- piA, t:!: ~ .ooa\~9 Mcn:th O~ll ..eat, ~O.OO teat. or 1"', = . 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