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HomeMy WebLinkAbout2005-160 Agrmt - Pacific Power . PACIFIC POWER . UTA~-I POWER INVOICE Return To: #N/A Medford Operations Center #N/A #N/A Name: City of Ashland Attn: Scott 20 E. Main Street Ashland DatE~: 7/21/2005 Street: City: Customer Acct.# Qty Unit 1 State: OR Zip: 97520 W.o.: Employee: Description Transfer customers at 401 and 403 Dead Indian Memorial Road (Ashland Airport) per our existing agreement with the City.. Unit Price TOTAL $12,672.00 f2.~ ~~ ct? ?:-.2-(~.dJ~ ~/-t:--k e-e h~-'t~ ~ c~-~'k~r d?~~ 75 ~d-L-L~~ ~..~e:(. ~/ f~ ~ ?L.. cI!~~ , T()T AL $12,672.00 ~. ~~ ~...~" ~/ ~cfL----h ~~ I Office Use Only -~/'~ ~~ ;r:c ~ <(.~ '-<" r pt At. ~~ Invoice costs are valid for only 90 days from invoice date/ Please remit payment to address at top of invoice. Last Updated 07/03/02 - - \ . u,.... ~~<:t"V~ 's...-\Ul~ ^....- '- 0 ("\. . Dp -L. \..._~--,,"",,^ .,- _ ,- _\ U C{ 1:'1-t./G~ - .-::> rr~' -4~ t\t k.. BEFORE THE PUBLIC UTILITY COMMISSION OF OREGON In the Matter of the Application ) of PACIFIC POWER & LIGHT COMPANY ) and THE CITY OF ASHLAND, OREGON ) for an Order approving the ) assignment of rights in ) allocated service territory. ) Docket No. tlA - .5 <./ 14//- 0 I APPLICATION Pacific Power & ,Light Company (NPacific"), an as~;umed b~~iness name for a portion of t~e electric utility operations of PacifiCorp, 1 an Oregon corporation ,together with the City of Ashlan~, Oregon ("City"), hereby apply for an order of 1:.he Public utility Commission of Oregon (lIpUC"'), pursuant to the provisions Qf ORS 758.400 et seq and OAR 860-25-010, 860-25-015, and 860-25-027, approving the assignment by Paeific to the City of all rights Pacific acquired in and to certain parcels of service territory heretofore allocated by the P1JC to Pacific and described in exhibits attached hereto. In support of this application, Pacific and the City respectfully represent ~s follows: . 1. APPLICANTS PacifiCorp's predecessor, Pacific Power & Light Company, was incorporated under the laws of th~ State of Maine on June 16, .1910. Pac.ific Power & Light Company was merged 1 The other operating electric utility division of PacifiCorp is Utah Power & Light Company (UP&L), which serves electric utility customers in the states of utah, Wyoming, and Idaho. ' 1 into PacifiCorp, the surviving Oregon corporation, on January 9, 1989. Pacific serves retail electric utility customers in Oregon, Washington, California, Idaho, Montana.. and Wyoming. Pacific's principal offices are at the Public Service Building, 920 SW sixth Avenue, Portland, OR 97204. The City is located in Jackson County, Oregon, and is a municipal. corporation of the state of Oregon. The city is a preference customer of the Bonneville Power Administration, and provides electric utility services to residents and businesses within the City's corporate limits. 2. COMMUNICATIONS Communications in regard to this application should be addressed .as follows: On behalf of Pacific: Jack Samper Vice President, ORCA Regton Pacific Power. & Light Company 9120 Southwest pioneer Court, suite B Wilsonville, OR 97070 On behalf of the City: Brian Almquist,. City Administrator City Hall 1175 East Main Street Ashland, OR 97520 In addition, the PUC is respectfully requested to send copies of all notices and communications to: .. Ronald L. Salter, Esq. 94 Third Street Ashland, OR 97520 .Attorney for the City of Ashland, and to: 2 Thomas H. Nelson, Esq. Stoel Rives Boley Jones & Grey 900 SW Fifth Avenue, suite 2300 Portland, OR 97204-1268 Of Attorneys for Pacific Power & Light Co~~any 3. PURPOSE OF TRANSFER The purpose of the transfer is to carry out an Allocation Agreement between the parties dated January 9, 1.990 ("Agreement~). The Agreement, which is expressly conditioned on PUC.approval, will settle longstanding legal disputes that are reflected by two pending condemnation actions, viz., Ashland v. Pacificorp, Jackson County circuit Court Case No. 89-1096-L-2, andPacificorp v. city of Ashland, Jackson Cotlnty Circuit Court Case No. 86-0553-J-l. In the former case, the City sought to condemn Pacific's electric distribution facilities within the area described in the attached exhibits, and in the latter case Pacific sought compensation under an "inverse condemnation" theory. The Agreement transfers th<<~ contested distribution facilities to the City in return for the payment of $200,000, which amount includes up to $5000 in physical separation costs that Pacific may incur in order .to carry out the provisions of the Agreement. The Agreement also attempts to prevent future disputes from arising. ~or example, it establishes 'a long- term service" boundary between the two systems, and provides that for all future takings the City shall pay two (2) times Pacific's gross annual revenues for facilities subsequently annexed that are within the boundary, and six (6) times 3 Pacific's gross annual revenues for any facilities taken that are, outside of the boundary. Finally, the Agre~ment leaves open the possibility that Pacific may in the future sell wholesale electric power and energy to the city. Pacific and the City submit that for the foregoing reasons the Agreemen.t is in the public interest. No governmental franchises or permits are necessary to effectuate the transfer contemplated .by the Agreement. 4. EXHIBITS The following exhibits are provided in support of this Application: Exhibit 1: A copy of the January 9, 1990, Allocation Agreement. .Exhibit 2: Maps showing the location of facilities and customers affected, adjacent facilities and facilities that will interconnect with the transferred facilities, together with a description of the faci~ities. The.mapsdepict the areas affected both before and after the transfer. Exhibit 3: A detailed description of eqUipment and facilities transferred. (The same description is attached to and incorporated'in the the Agreement as Exhibit A.) Exhibit 4: A description by county, section lines, river, highway, road, street, or metes and bounds, designating the boundaries of the old territories, the transferred territory, and the resulting new territories. (The same description is attached to and incorporated in the Agreement as part of Exhibit B.) Exhibit 5: A map to scale showing general location and boundaries 9f the two service areas after the transfer. (The 4 same map is attached to and incorporated in the Agreement as part of Exhibit B.) The City has not issued a franchise to Pacific, and thus. a copy cannot be provided. Pacific has paid a privilege tax to the City for the right to distribute electric power within its boundaries. The Applicants respectfully request that the foregoing application be granted. DATED this 7l!lday of ~ ~990. PACIFIC POWER & LIGHT COMPANY CITY OF ASHLAND, OREGON gk~e ~ ~sJ.dent jY ~?tf0~ / ~ Almquist, \. ~ 5 -~ '--'~~" . - D - . ;}p} \- ~ (.~+o~n.+vovk- ~Io. _~ f:,l l-4-,' 9/.;;Jb/Cf 5' - ~p~ ORDER NO. 9 1 - 347 ENTERED MAR 6 1991 BEFORE TIlE PUBLIC UTILITY COMMISSJ<;>N OF OREGON UA34 UP 61 In the Matter of the Application of ) PACIFlCOR~ dba PACIFIC POWER & ) - LIGHT COMPANY, and THE CITY -OF ) ASHLAND, OREGON, to Transfer Allocated ) Territory. UA 34 ) ) ) ) ) ORDER In the Matter of the Application of PACIFICOR~ dba PACIFIC POWER & LIGHT COMPANY, for Authority to Sell Property. UP 61 DISPOSITION: APPLICATIONS GRANTED DOCKET UA 34 On May 15, 1990, PacifiCorp, dba Pacific Power & Light COJmpany, and the City of Ashland filed a joint territorial allocation application. Applicants request authority to transfer to the city the allocation to provide utility electric service to several areas that now are allocated exclusively to -PacifiCorp. PacifiCorp is a utility company providing electric service to the public in ()regon, including subscribers within the subject territory. The joint application was designated- docket No. VA 34. The application involves eight parcels annexed into the city in recent years. The subject parcels arc adjacent to areas now served by the city. The parcels were allocated to PacifiCorp when those areas were outside the C~ity of Ashland's boundaries. If the application is approved, the city will add the areas to its electric service territory, and almost all of the customers now served by PacifiCorp in those areas will be served by the city. ORDER NO. S~ 1 - 347 - The legal descriptions of the eight parcels are contained in Appendix "A" to this order. Applicants request that eleven customer locations in the subject areas continue to receive service from PacifiCorp. They agree that it will be more efficient for PacifiCorp to continue service at those locations. Their names and addresses are shown .on Appendix "B" to this order. The agreement to allocate territory settles a long-standing dispute . between the two parties. The dispute has involved litigation; the agreement to .allocate territory is a part of the settlement of the litigation.. The contract between the parties. also discusses how future annexations into the city will affe:ct territorial allocation. The Commission published notice {)f the proposed transfer of territorial aUocation, pursuant to ORS 758.420. No one requested a hearing or filed comments. ORS 758.415 establishes the criteria by which territorial contracts are to he judged by the Commission. The Commission must find that the contract will elin1inate or avoid unnecessary duplication of facilities, will promote efficient, economic, and safe operation of the utility systems of the parties, and will provide for adequate and reasonable service to the territories and customers involved. The agreement establishes a icing-term service boundary between the two electric systems and establishes a valuation formula for future condemnation~ of PacifiCorp's property by the city. Approval of the contract will provide certainty as to the area each party will serve in the future. This will allo~ the parties to better plan to meet the expected load. Approval of the contraGt will avoid duplication of facilities and service by allocating customers along city boundary lines (present and future ) and transferring facilities to match. the customer allocation. Safe, adequate, and reasonable service will be provided to the subject areas and customers. 2 ORDER No.9' - ~ 4 7 . DOCKET UP 61 On June 22, 1990, PacitiCorp filed an application for authority to sell to the City of Ashland certain facilities used to provide electric service to the eight areas at issue in docket No. UA 34. PacifiCorp's application was designated docket No. UP 61. The sales price of the facilities is $200,000. Sal~ of the facilities is part of the settlement of the dispute between the city and PacitiCorp. ORS 757.480 prohibits utilities from ~elling or otherwise disposing of their property without the Commission's approval. OAR 860-27-025 specifies the information which must accompany an application to sell o{ lease utility property. PacifiCorp's application contains the necessary information. PacifiCorp does not seek any ratemaking determination in this proceeding. CONCLUSIONS 1. The proposed transfer of allocated territory and facilities to provide service to that territory is in the public interest and win not impair PacifiCorp's ability to provide electric service to the public in Oregon. 2. For ratemaking purposes, the Commission reserves to a future proceeding its judgment on the reasonableness of all financial aspects of th~ transactions. 3. Docket No. VA 34 and docket No. UP 61 relate to the same transactions between the same parties. The two dockets should be considered together and resolved in this order. ORDER IT IS ORDERED that: 1. The application of PacifiCorp and the City of Ashland to approve the contract between them transferring to the dty the exclusive territorial allocation of certain areas is grant~d and the contract is approved. 3 ORDER NO. ~) 1 - 347 2. The territories de,scribed in' Appendix "A" to this order are allocated exclusively for electric service to the City of Ashland. 3. PacitiCorp shall continu~ to provide electric service to th~ a<,ldresses shown in Appendix "B" to this order. 4. The application of PacifiCorp for authority to sell to the City of Ashland certain facilities'is granted. 5. PacifiCorp shall file, as soon as possibl~: a. Executed or conformed copies of all documents related to the transactions approved in this order; and b. . Copies of the journal entries recording the transactions. Made, entered~ and effective MAR 6 1991 ~ -%./ar- Myron B. Katz Chairman /Pa-- Ron Eachus Comlnissioner ~~j~ . J oao H. Smith . Commissioner A party may request rehearing or reconsideration of this order pursuant to ORS 756.561. A party Inay appeal this order pursuant to.ORS 756.580. 4 ,/ Lc~...'--v t)-<.. - '--' ~~ - ~-, e p ~ L ... Cx:..J-- ~-\""c:rJI.-~ - '---' G f::> 'tj t~. 'i I;). b./ q 5" . - ~~ EXHIBIT 1 .. '.' ALLOCATION AGREEMENT THI~ AGREEMENT ("Agreement")~ made this 9th day of January, 1990, is by and between the city of Ashland, a municipal corporation of the state of Oregon, hereinafter referred to as "Ashland," and Pacific Power & Light Company, hereinafter referred to as "Pacific," an assumed business name for a portion of the electric utility operations of PacifiCorp, an Oregon corporation: RECITALS: WHEREAS, Pacific is in the business of furnishing electrical power and energy to various areas, including the area 6f Southern Oregon; and WHEREAS, Ashland furnishes electrical energy to the residents and businesses within its corporate limits, and WHEREAS, Ashland largely funds the cost of its \ \ \ municipal government and services through its sale of electrical power and energy; and WHEREAS, in the past Pacific has been furnishing electrical power and energy to areas outside the city limits of Ashland and, as Ashland has annexed territo1;.y to its corporate limit$, Ashland has become the provider of electrical power and energy to new customers in those newly annexed areas; and WHEREAS, at present there is litigation pending between the parties with respect to Ashland's becoming the provider of electric energy to customers served by Pacific at 1 - ALLOCATION AGREEMENT EXHIBIT 1 Page 1 o:E 9 ,. . the time of annexation, and in so doing. Ashland has commencled litigation for the condemnation of Pacific's facilities in the said annexed areas: and WHEREAS, the parties have reached an agreement as to the sale of pacific's facilities in said annexed areas to Ashland and as.to the price to be paid for such facilities;; and WHEREAS, for Pacific to provide electrical power and energy in the Southern Oregon area it needs certainty as to the area in which it will serve in tbe future so as to be able to estimate and plan for the growth of the Southern Oregon area and accordingly the growth and the need for electrical power and energy in that area: and WHEREAS, the parties wish to define a'boundary ()f service of electrical power and energy to prevent duplica1:ion of service and facilities: and WHEREAS, the parties have experienced uncertainty and substantial expense in the past with respect to areas annexed by Ashland and with resulting disputes as to the cost of Ashland's acquiring facilities in the areas annexed: and WHEREAS, the parties wish to establish a formula by which Pacific's facilities will be sold to Ashland in areas annexed by Ashland, so as to minimize uncertainty and to avoid the substantial expenses that have been incurred by both parties in the past: and WHEREAS, the parties acknowledge that the formulae set forth herein are reasonable in light of anticip3ted loss to 2 - ALLOCATION AGREEMENT EXHIBIT 1 n_~~ ~ ^~ 0 Pacific under the circumstances set forth herein, that such formulae constitute a genuine pre-estimate of loss, and tha~: proof of actual loss would be difficult: and WHEREAS, so long as this Agreement shall remain in effect the parties also acknowledge that Ashland does hav~ the legal right to become the sole provider of electrical power and energy in areas annexed to its corporate limits and that, accordingly, Pacific does agree to sell its facilities to Ashland in areas annexed to Ashl~nd in the future: and WHEREAS, in the case of PacifiCorp v. city of Ashland, .Case No. 86-0553-J-l, Pacificorp has cross-complained against Ashland for inverse condemnation and it is intended that this dispute be settled by this Agreement: and WHEREAS, the parties hereto wish to settle the various claims between them and in regard thereto, it is understood and agreed that this settlement, with respect to the litigation mentioned below, is the compromise of doubtful and disputed claims, and that this Agreement is not to be construed as admissions of liability on the part of either party and this settlement is intended to avoid further litigation and to purchase peace in the premises. The parties further acknowled~e that this Agreement is entered into under threat of condemnation, and that none o.f the terms or conditions he:reof can reasonably provide th~ basis for determining "just compensationN under any applicable law: and 3 - ALLOCATION AGREEMENT EXHIBIT 1 Page 3 of 9 WHEREAS, the parties do hereby conclude and settlle all pending litigation between them. NOW,' THEREFORE, based upon the foregoing recitals, the truth of which is hereby admitted and premises and agreements contained herein, the parties do agree as follows: 1. Pacific shall forthwith move to dismiss with prejudice its claims against Ashland in PacifiCorp v. city of ~shland, Case No. 86-0553-J-1. 2. Ashland shall forthwith move to dismiss with , prejudice its case against Pacific being Ashland v. PacifiCorp, Case No. 89-1096-L-2, wherein Ashland is seeking condemnat.icn . of Pacific's facilities within the present city limits. 3. Pacific does hereby sell to Ashland all electri~ distribution lines, facilities and equipment of 12.5 kilovo1ts . and below (hereinafter referred to as WDistribution Facilities") located in the areas covered by the above lawsuit$ as more particularly specified in Exhibit "A", appended hereto and incorporated herein by this reference (hereinafter re~ferred to as "subject PropertyW). Pacific warrants that it has a good and absolute right. to sell and convey the subject proper1:y and all property contemplated to be sold to Ashland in the future by the terms of this Agreement and that all such property is or will be free and clear of all liens, claims, or encumbrances of every kind whatsoever. Further, pacific agrees to indemnify and hold Ashland harmless from and against, and to reimburse Ashland with respect to any and all lawsuits, damages, 4 - ALLOCATION AGREEMENT EXHIBIT 1 Page 4 of 9 . . riabilities, costs, expenses, and deficiencies including interest, penalties, and reasonable attorney's fees, reasonably incurred by Ashland by reason of, or arising out of, or in connection with a breach of any representation or warranty made by Pacific regarding Pacific's interest in the subject Property. 4. The par~ies shall share equally in the cost of testing all transformers for PCB's. Pacific shall remove and dispose of any transformer that contains 50 parts per million , or greater of PCB's at Pacific's sole expense prior to the sale of subject Property to Ashland. Ashland shall provi1e at its sole expense replacement transformers for all transformers. removed by Pacific on account of PCB's. 5. Concurrent with Oregon Public utility commission' ("PUC") approval of this Agreem~nt, Ashland shall pay to pacific, in addition" to any sums paid to Pacific un~er any other provision of this Agreement, the sum of $200,000 as consideration for the Subject Property. Such amount shall include up to $5000 in physical ~eparation costs that will be incurred by Pacific in order to carry out the provisions of this Agreement. 6. After the effective date of this Agreement, in circumstances involving new customers for electrical service 1n areas that Ashland intends to annex that are both (a) within Ashland's service boundary as defined by Exhibit wan but not yet annexed, and (b) within which Ashland intends to provide 5 - ALLOCATION AGREEMENT EXHIBI~r 1 Paqe 5 of 9 retail electric service, Ashland may serve such customers with its own facilities. In the event that Ashland is unable to serve such new customers from its facilities, the parties shall use their best efforts to arrive at mutually acceptable tet~S and conditions governing which p~rty shall provide service to such customer most efficiently pending annexation. These terms and conditions may include, but are not limited to, servicle by Ashland pursuant to the letter-form energy exchange agreement between the parties dated April 1, 1982, as modified on , August 2, 1985, and as such agreement may be modified in the future. . 7. The parties jointly agree that in the future as Ashland annexes areas within its service boundary as defined in _Exhibit "B," Ashland shall purchase from Pacific and Pacific shall sell to Ashland all of Pacific's Distribution Facilities located in the area being annexed with the formula for the price of such facilities to be two (2) times pacific's gross revenue from the sale of electrical power and energy to customers ""ithin the annexed area during the immediately preceding twelve months, which amount shall be annualized in the event service was provided for fewer than twelve months. In addition, in all future sales (that is, other than the one for $200,000 mentioned above), there may be payable to pacific its reasonable physical separation costs. Ashland shall have the choice of paying the reasonable physical separation costs or allowing the remaining customer(s) to be served by Pc~cific 6 - ALLOCATION AGREEMENT EXHI BI'I' 1 paae 6 of 9 continue all the litigation between the parties that is presently pending. 10. . This Agreement shall be effective upon its execution by the parties and approval by the PUC and shall continue in effect until terminated by mutual agreement. This Agreement shall be binding upon the successors and assigns of the parties. This Agreement is entered into by Ashland in its proprietary capacity. 11. Each party releases any and all claims it may ., have against the other arising from the same and distribution of electrical power and energy in the areas covered by the above litigation and all matters relating thereto. 12. Nothing contained in this Agreement shall be construed as limiting Pacific's right to construct, operat~e, and maintain electric facilities within the city of Ashland used to provide electrical power and energy to any of pacific/~ existing or future customers that the city does not lntend to serve. 13. The parties agree to discuss terms and conditions under which Pacific would supply Ashland with wholesale electrical power and energy. 14. In any legal proceeding arising out of, interpreting or enforcing this Agreement, the prevailing party 8 - ALLOCATJON AGREEMENT EXHIBIT 1 n~_~ 0 ~~ a . ,-:' at trial or on appeal shall be "entitled to an award or reasonable attprneys' fees and costs. IN WITNESS WHEREOF, the part~es hereto have set their hands and seals. CITY OF ASHLAND, a Municipal corporation ATTEST: . .'; -4" ~ ~ ,/4 L ~ I.~' //44o-b ;:?:.4~~Ul'JA-- city Recorder .~~~; . By. .~...: t::' /' ~ Mayor -- ."...., ;'- - . /---.,~-.z~--C-~~ 0, PACIFICORP, dba PACIFIC POWER & LIGHT COMPANY B~~- 'j~~' ~*- Vice resid~nt 9 - ALLOCATION AGREEMENT EXHIBIT 1 Page 9 of.9 Page 1 /1 r~' CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 7/21/2005 VENDOR: 009836 PACIFIC POWER 925 SOUTH GRAPE STREET MEDFORD, OR 97501 SHIP TO: Ashland Electric Departm~~nt (541) 488-5354 90 N MOUNTAIN ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speciallnst: Req. No.: Dept.: ELECTRIC Contact: Dick Wanderscheid Confirming? No BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 IE 690.11.18.00.70410 I SUBTOTAL TAX FI~EIGHT TOTAL 12672.00 0.00 0.00 12,672.00 VENDOR COpy CITY OF ASJHLAND REQUISITION FORM Date of Requ~3st: 07/21/2005 THIS REQUEST IS A: D Change Order( existing PO # Required Date of Delivery/Service: ASAP Vendor Name Address City, State, Zip Telephone Number Fax Number Contact Name P:lr.ifir. Pnwpr 925 G raoo Street Medford, Oregon 97501 541-776-5499 Monte Mendenhall SOLICITATION PROCESS / Small Procurement ~ Sole Source 0 Invitation to Bid o Less than $5,000 o Written findings attached (Copies on file) o Quotes (Not required) Cooperative Procurement 0 Reauest for Proposal o State of ORN/A contract (Copies on file) Intennediate Procurement o Other government agency contract 0 Special I Exempt o (3) Written Quotes 0 Copy of contract attached 0 Written findings attached (Copies attached) 0 Emel'Qencv 0 Contract # 0 Written findings attached TCJ.tal Cost Per attached PROPOSAL Item # Quantity Unit Description of MATERIALS Unit PriCE! Total Cost Project Number _ _ _ _ _ _ - _ _ _ D Per attached QUOTE Account Number 690.11.18.00.704100 .. Items and services must be charged to the appropriate account numbers for the financials to reflect the ac.tual expenditures accurately. By signing this requisition form, I certify that the' 0 ation provided above meets the City of Ashland public contracting requirements, and the documentation ~v;ded on ques . Employee Signatu~ SupervisorlDept. Head Signature: G: Finance\Procedure\AP\Forms\8_Requisition form revised Updated on: 7/21/2005