From the pages of
Pinedale Roundup
Volume 103, Number 13 - November 30, 20o6
brought to you online by Pinedale Online

Legal Notices

PUBLIC NOTICE
Pursuant to the Wyoming Administrative Procedure Act and the Wyoming Public Service Commission’s Procedural Rules and Special Regulations, notice is hereby given of the application of Rocky Mountain Power, formerly known as PacifiCorp (Rocky Mountain Power or the Company), for a Certificate of Public Convenience and Necessity (CPCN) to construct, operate and maintain the expansion of its existing Chappel Creek Substation and construct, operate and maintain approximately 32 miles of 230 kV transmission line.
On November 3, 2006, Rocky Mountain Power filed an application requesting a CPCN to construct, operate and maintain the expansionof its existing Chappel Creek Substation and construct, operate and maintain approximately 32 miles of 230 kV transmission line pursuant to Commission Rule Sections 204 and 205. The Chappel Creek Substation is located approximately one mile west of the town of Labarge, Wyoming. The Company states the expansion will add a three circuit breaker 230 kV ring bus at the substation to serve an 80MW load requested by Jonah Gas Gathering Company (Jonah). In addition, the project will include the construction of approximately 32 miles of 230 kV transmission line that will be owned, operated and maintained by Rocky Mountain Power and will extend from the Chappel Creek Substation to the site of Jonah’s 230/13.8 kV substation and associated 230 kV primary metering location.
The expanded Chappel Creek Substation will be located on property owned by the State of Wyoming in Lot 37, Township 26 North, Range 113 West of the Sixth Principal Meridian, Lincoln County, Wyoming, and the expansion of the substation will not extend beyond the easement that was originally granted for the existing Chappel Creek Substation.
The approximately 32-mile 230 kV transmission line extension from the Chappel Creek Substation to Jonah’s 230/13.8 kV substation will be located primarily on property owned by the United States Bureau of Land Management (BLM) beginning in Township 27 North, Range 112 West of the Sixth Principal Meridian, Sublette County, Section 31, and running northeasterly through Section 31, 30, 19, 20 and 17. Next, the route crosses land owned by C&D Enterprises, LLC in a portion of the Northeast Quarter (NE ¼) of the Southeast Quarter (NE ¼ SE¼) of Section 17, followed by land owned by Beneficial Oil Company in a portion of the Northeast Quarter (NE¼) of Section 17. From this point, the route continues easterly through the State of Wyoming land in Section 16 and BLM land in Sections 15, 10, 11 and 12 of Township 27 North, Range 112 West. The route through BLM land continues easterly through Township 27 North, Range 110 West, in Sections 7, 8, 9, 4, 3, 2 and 1; Township 27 North, Range 109 West, Sections 6 and 5; northeasterly through Township 28 North, Range 109 West, Sections 33, 34, 27, 26, 23 and 24; and continues northeasterly through Township 28 North, Range 108 West, Sections 19, 18, 17, 8 and 9 to Jonah’s substation facility located in Section 9, Township 28 North, Range 108 West of the Sixth Principal Meridian, Sublette County. Rocky Mountain Power states it is pursuing permits and easements for use of these properties from the BLC, C&D Enterprises, LLC, Beneficial Oil Company and the State of Wyoming and will provide them to the Commission as soon as they are available and prior to the start of construction.
Rocky Mountain Power states the Chappel Creek Substation expansion project is needed o serve Jonah which will build, own and operate its own 230/13.8 kV substation for distribution service to its natural gas compression facilities near Boulder, Wyoming, and will support industrial load growth and natural gas production in the area. Rocky Mountain Power states the project will provide necessary high voltage service to large industrial customers. Rocky Mountain Power further states the stability and reliability of its electrical system is not expected to be adversely affected by this project.
Rocky Mountain Power estimates the total cost of the expansion of the Chappel Creek Station project (including the new 230 kV transmission line segment) is approximately $21,330,000 which will be financed by Rocky Mountain Power primarily through the use of internally generated funds, short-term borrowing and the use of first mortgage bonds or other forms of debt and equity.
Rocky Mountain Power proposes to begin construction in January 2007, and estimates a completion date of October 1, 2007, if normal construction circumstances, weather conditions, labor availability and materials delivery are realized.
Rocky Mountain Power states the area surrounding the site of the expanded substation and the proposed 230 kV transmission line segment consists of uninhabited open range land covered by sagebrush and grass. The Company states it is unaware of any adverse impact of the proposed project on surrounding scenic, historical, archeological, recreational or natural resources.
Interested persons may inspect the application at Rocky Mountain Power’s Wyoming offices and at the Commission’s offices in Cheyenne, Wyoming, during regular business hours.
Anyone seeking to file a statement, protest, intervention or a request for a public hearing regarding this matter must so file, in writing, with the Commission, on or before December 15, 2006. Any petitions filed shall set forth the grounds of the proposed intervention or request for hearing as well as the position and the interest of the petitioner in this proceeding. Please be sure to mention Docket No. 20000-259-EA-06.
If you wish to intervene in this matterand/or request a public hearing which you will attend and you require reasonable accommodation for a disability, call the Commission at (307) 777-7427 or write the Commission at 2515 Warren Avenue, Suite 300, Cheyenne, Wyoming 82002. Communications impaired persons may contact the Commission through Wyoming Relay at 711.
Dated: November 16, 2006.
Published in the Pinedale Roundup November 23 and 30, 2006.


In the juvenilie court of Sublette county, Wyoming ninth judicial districrt In the matter of the name change of Sierra Dawn Hawkins-Nudelman, a minor Civil Action No. 2006-6923 Notice of publication.
Notice is hereby given that Michelle Cunningham, guardian of Minor, Sierra Dawn Hawkins-Nudelman, has filed a petition with District Court of Sublette County, Wyoming in the above captioned civil action to legally change her daughter’s name to Sierra Dawn Cunningham. Any person having an objection to this petition is hereby put on notice, and may file a response with the Clerk of District Court.
Dated this 10 day of October, 2006
Jessica Rotzick, Attorney at Law
Post Office Box 4114
Jackson, WY 83001
(307) 733-8140
(307) 733-8139 (facsimile)
Published in the Pinedale Roundup November 23 and 30 and December 7 and 14, 2006.


STATE OF WYOMING Depart ment of Environ mental Quality /Division of Air Quality PUBLIC NOTICE
Chapter 6, Section 2(m) of the Wyoming Air Quality Standards and Regulations provides that prior to final determination on an application to modify an existing source, opportunity be given for public comment and/or public hearing on the information submitted by the owner or operator and on the analysis underlying the proposed approval or disapproval. The regulation further requires that such information be made available in at least one location in the affected air quality control region, and that the public be allowed a period of thirty (30) days in which to submit comments. A public hearing will be conducted only if in the opinion of the administrator sufficient interest is generated or if an aggrieved party so requests.
Notice is hereby given that the State of Wyoming, Department of Environmental Quality, Division of Air Quality, proposes to approve a request by the following applicant to modify an existing source in Sublette County, Wyoming.
EnCana Oil & Gas (USA)
370 17th Street, Suite 1700
Denver, CO 80202
The applicant has requested permission to modify the Jonah Federal 1-7X gas/condensate production facility by installing production and equipment associated with five new wells and seven existing wells, with two reboiler overheads still vent condensers and one common smokeless combustion device to control volatile organic compounds and hazardous air pollutant emissions associated with two dehydration units and two condensate tanks, located in the NE1/4 NE1/4 of Section 7, T28N, R108W, approximately twenty one (21) miles east southeast of Big Piney in Sublette County, Wyoming. The Division is proposing to issue the permit with conditions allowing additional production andequipment to be installed at the facility in accordance with the revised permitting and emission control guidance issued July 28, 2004. A copy of the permit application and the agency’s analysis is available for public inspection at the Sublette County Clerk’s Office, Pinedale, Wyoming. In accordance with the Americans with Disabilities Act, special assistance or alternate formats will be made available upon request for individuals with disabilities.
Comments may be directed to David A. Finley, Administrator, Division of Air Quality, Department of Environmental Quality, 122 W. 25th St., Cheyenne, Wyoming 82002. All comments received by 5:00 p.m., Tuesday, January 2, 2007, will be considered in the final determination on this application.
Published in the Pinedale Roundup November 30 and December 7, 14, and 21, 2006.


NOTICE AND ORDER
Pursuant to the Wyoming Administrative Procedure Act, W.S. § 37-1-101, et seq., and the Wyoming Public Service Commission’s (Commission) Procedural Rules and Special Regulations, notice is hereby given that a public hearing regarding the application of Pinedale Natural Gas, Inc. (Pinedale or the Company), for approval of its revised Commodity Balancing Account Tariff, has been scheduled to commence at 1:30 p.m. on Monday, January 8, 2007, in the Commission’s hearing room located at 2515 Warren Avenue, Suite 300, in Cheyenne, Wyoming.
On July 7, 2006, Pinedale submitted its application requesting approval of the Company’s proposed changes to its tariffs to comply with Sections 249 and 250 of the Commission’s Rules. Pinedale’s application includes a copy of the proposed tariff. The Company further states in its application the proposed tariff change does not result in a decrease or increase in rates and charges, and therefore, a report of tariff change is not required. The Company states in its application it is submitting changes to page R32 of its existing tariffs (PSCW Tariff No. 6) for the following reasons:
a. To specify in more detail the calculation of the monthly accrual for pass-on applications which reflect changes in the costs of wholesale gas.
b. To clarify and identify the specific costs or expenses the Commission has approved for inclusion in pass-on applications.
c. To explain the frequency the Company will file an application for an adjustment to rates and charges pursuant to the purchased gas adjustment clause and to explain how the test period is determined for any such filing. Pinedale is prepared to file such cases on a semi-annual basis.
d. To identify the supporting basis for the forecast of wholesale commodity related costs for the test period.
e. To request, in accordance with Commission Rule Section 250(e), the Company receive approval for calculating interest on any over-collected or under-collected balance. In support of its position, Pinedale offered, in its application, the following reasons for allowing the Company to charge interest on under-collected balances:
i. The application avers the Commission must consider the interests of the utility and the pubic in accordance with the public interest under W.S. § 37-2-112. The Company states this requires an equitable treatment for interest on under-collections. The calculation of interest on over-collected balances only is unfairly one-sided and contrary to the statutory requirement guiding the Commission.
ii. Pinedale states it is in the best interest of the customers to maintain a strong and healthy utility. A healthy Company can better attract investment and negotiate better interest rates on debt. The lower interest costs are passed on directly to the customers. The need to raise capital is crucial and the continued assessment of interest on under-collections is beneficial to the health of Pinedale.
iii. The Company asserts when there is an under-collected balance, Pinedale may be required to borrow money to pay for the gas customers have received, but for which they have not completely paid. Extra borrowing can add significantly to the Company’s costs and may have an adverse impact on Pinedale’s ability to borrow. The calculation of interest on the under-collected balance compensates for these costs which would be difficult to recover in a general rate case, since they can vary significantly from year toyear with the changes in the market price of natural gas.
vi. The Company claims because the interest on under-collected balances varies more directly with changes in the natural gas prices, these costs are more appropriately handled in a pass-on proceeding rather than a general rate case. A pass-on proceeding more appropriately addresses and matches all of the costs of natural gas.
v. The Company states neither Pinedale nor the customers can control the changes in the natural gas markets that cause imbalances. The Company proposes an alternative to calculating interest on under-collected balance: filing monthly pass-on cases, or at least much more frequent out-of period pass-on cases. Pinedale states the more frequent filing of cases would lower the average balance, either under- or over-collected, but could also be a burden to the Company and the Commission. This extra-administrative burden could raise costs to all customers.
f. To clarify the procedure and time period used to amortize the balance of any over- or under-collection in the Commodity Balancing Account. The balance will be amortized over the forecasted decatherm sales for the period and the amortization will be added or subtracted from Pinedale’s gascost gas rates.
The Commission issued its Notice of Application regarding this matter on August 4, 2006. The Notice of Application was published in the Pinedale Roundup and was broadcast on KPIN in Pinedale. The Notice of Application provided a deadline of September 5, 2006, for interested persons to file a statement, protest, intervention, or a request for public hearing.
On September 5, 2006, the Office of Consumer Advocate (OCA) filed its written statement, protest and notice of intervention in this matter, setting forth its concerns and issues regarding Pinedale’s proposed revisions to its tariffs.
On October 11, 2006, the Commission held a pre-hearing conference to consider scheduling issues related to the tariff application. A hearing was scheduled for Monday, January 8, 2007 at 1:30 p.m.
Pinedale’s application and OCA’s written comments are on file with the Commission at its offices in Cheyenne, Wyoming, or at the Company’s offices in Pinedale, Wyoming and may be inspected by any interested person during regular business hours. The Commission hereby sets the following procedural schedule:
December 8, 2006 Deadline for Pinedale to pre-file its direct testimony and exhibits.
December 22, 2006 Deadline for OCA to pre-file its direct testimony and exhibits January 8, 2007 Hearing at Commission’s hearing room commencing at 1:30 p.m. All pre-filed testimony and exhibits are to be filed concurrently with the Commission and all parties. Any intervenor or other party who does not file and serve written, prepared direct testimony together with any exhibits it wishes to offer by the relevant deadline will not be allowed to present an affirmative case at the public hearing. The hearing will be conducted in accordance with the Wyoming Administrative Procedure Act and the Wyoming Public Service Commission’s Procedural Rules and Special Regulations. All interested persons may appear and be heard, either in person or through counsel, as provided for by Commission rule.
The Wyoming Public Service Commission’s hearings are open to all persons. If you wish to attend this hearing and you require reasonable accommodation for a disability, please contact the Wyoming Public Service Commission at (307) 777-7427 (Voice or TTY)in Cheyenne during regular business hours or write to them at 2515 Warren Avenue, Suite 300, Cheyenne, Wyoming, 82002, to make arrangements. Communications impaired persons may also contact the Commission by accessing Wyoming Relay (TTY) by dialing 711. Please mention Docket Number 30016-42-GT-06 in your communications and contact us as soon as possible to help us serve you better.
Published in the Pinedale Roundup November 30 and December 7, 2006.


PUBLIC NOTICE
Pursuant to the Wyoming Administrative Procedure Act and the Wyoming Public Service Commission’s (Commission) Procedural Rules and Special Regulations, notice is hereby given of the amended application of Pinedale Natural Gas, Inc. (Pinedale or the Company), for authority to establish a revised overall rate of return of 11.5% to reflect changes in the costs of providing natural gas service.
Pinedale is a public utility as defined by W.S. § 37-1-101(a)(vi)(D), and, as such, is subject to the Commission’s jurisdiction pursuant to the provisions of W.S. § 37 2 112.
In Docket No. 30016-38-GP-06, the Commission directed Pinedale to file a general rate application no later than March 31, 2006. On February 6, 2006, Pinedale filed a general rate application seeking authority to establish a revised overall rate of return to reflect changes in the costs of providing natural gas.
On February 15, 2006, the Office of Consumer Advocate (OCA) filed its Notice of Intervention, Objection, Request for Suspension and Request for Hearing.
On March 31, 2006, Pinedale filed an amended application pursuant to the Commission’s direction at the open meeting on March 2, 2006. Within the pre-filed testimony submitted with the amended application, Mr. Gilmer Mickey and Mr. Steve Shute, Pinedale’s witnesses, addressed a rate of return of 11.5%. The Company states the costs for providing natural gas service have been increasing. Pinedale states the rate of return on investment is not reasonable at this time and needs to increase. The application states while it is not anticipated the Company’s rates will increase, it is necessary that accurate customer counts are used in calculating the rates and an appropriate return on investment be awarded to Pinedale.
The Company stated in the amended application it was requesting an elevated return on investment and a public hearing be set in this matter to establish rates which reflect the Company’s cost of service and the shareholder’s risk in providing service.
On April 26, 2006, Commission Technical Staff submitted to the Company a series of Data Requests to supplement Pinedale’s amended application. These Data Requests were in regard to (1) Cost of Service, (2) Financial Information, (3) Rate Base, (4) Cost of Equity/Rate of Return, and (5) Community Relations and Consumer Education. Staff requested Pinedale’s responses be submitted by May 15, 2006 and a pre-hearing conference was set for May 22, 2006.
On May 15, 2006, Pinedale requested additional time to respond to the Data Requests. This request was heard on May22, 2006 at the pre-hearing conference. On May 19, 2006, Pinedale submitted responses to the Data Requests.
On May 26, 2006, the Commission issued an Order Denying Pinedale Natural Gas, Inc. Request for Additional time to Respond to Commission Technical Staff Data Request April 26,2006 and Order by the Commission for Pinedale Natural Gas, Inc. to Supplement its Amended Application. In this Order, the Commission stated in Paragraph 13, the Company’s response to the Data Requests was incomplete, and Pinedale has a responsibility to present a well-documented rate case. Pinedale was ordered to supplement its general rate case filing on or before the close of business on June 5, 2006, pursuant to Commission direction in Paragraph 13 of this Order.
On June 5, 2006, Pinedale submitted supplemental information to the Data Requests. On June 9, 2006, the Commission held a pre-hearing conference directing Pinedale to file additional information to supplement its application on or before August 25, 2006.
On August 29, 2006, Pinedale filed additional information as directed by the Commission during the June 9, 2006, prehearing conference. This additional information includes a report by C.H. Guernsey & Company, which recommended a total cost of capital (return on rate base) range between 10.15% and 10.42%. C.H. Guernsey used the lower limit of this range (10.15%) in its calculations. The C.H. Guernsey report also recommended an estimated a cost of common equity in the range of 13.0% to 13.5%.
On October 11, 2006, the Commission held another pre-hearing conference to consider scheduling issues related to this application. The filing date in this matter was determined by the Commission to be August 29, 2006, as agreed to by Pinedale and OCA, and a hearing was scheduled for March 21-23, 2007, in Pinedale.
By Suspension Order issued on November 2, 2006, the rate filing of Pinedale was suspended for the statutory period provided for in W.S. § 37-3-106, utilizing the filing date of August 29, 2006.
In this amended and supplemented application, Pinedale requests to increase its overall rate of return on rate base to 11.5%. Although Pinedale only requests an increase to its rate of return on rate base, the requested increase may lead to a change in rates to individual customer classes. The Commission is guided by W.S. §§ 37-2-119 and 37-2-122 in review of such applications.
The general rate application traditionally covers all facets of a utility's operations, finances, rate design, and rate of return. Montana Dakota Utilities Company v. Public Service Commission of Wyoming, 1993 WY 23, 847 P.2d 978, 988 (1993).
Pinedale’s amended and supplemented application is on file with the Commission at its offices located in Cheyenne, Wyoming and at its offices in Pinedale, Wyoming. The general rate filing may be inspected by any interested person during regular business hours.
Anyone desiring to file a statement, protest, intervention or to request a public hearing in this matter must so file, in writing, with the Commission, on or before December 28, 2006. The petition shall set forth the grounds of the proposed intervention or request for hearing and the position and interest of the petitioner in this proceeding.
If you wish to intervene in this matter and/ or request a public hearing which you will attend and you require reasonable accommodation for a disability, please contact the Wyoming Public Service Commission at (307) 777-7427 or write to them at 2515 Warren Avenue, Suite 300, Cheyenne, Wyoming 82002, to make arrangements. Communications impaired persons may also contact the Commission by accessing Wyoming Relay by dialing 711. Please mention Docket No. 30016-41-GR-06 in your communications and contact us as soon as possible to help us serve you better.
Published in the Pinedale Roundup November 30 and December 7, 2006.


PUBLIC NOTICE
In the District Court of Sublette County, Wyoming Ninth Judicial District
BRYAN A. DAVID and
NINA C. DAVID, husband
and wife, in the interest
of SARAH KAY HYDE, Petitioners,
vs.
GARY W. HYDE, Respondent.
Civil Action No. 2006-208
TO: Gary W. Hyde
NOTICE is hereby given that on the 20th day of November, 2006, a Petition was filed in the District Court for Sublette County, Wyoming, Ninth Judicial District, in which you were named a Respondent. The Petition requests that your parental rights to Sarah Kay Hyde, born September 12, 1997, be terminated and that the Court enter a decree approving the adoption of Sarah Kay Hyde by her stepfather, Bryan A. David.
You are required to respond to this petition by filing an answer no later than thirty (30) days after the last date of publication of this notice or default may be entered against you if you fail to appear.
DATED this 30th day of November, 2006.
MARILYN JENSEN
CLERK OF DISTRICT COURT
NINTH JUDICIAL DISTRICT
P.O. Box 764
Pinedale, WY 82941
Published in the Pinedale Roundup November 30 and December 7, 14, and 21, 2006.


TRANSPORTATION CHEYENNE, WYOMING NOTICE OF ACCEPTANCE OF AND FINAL SETTLEMENT FOR HIGH WAY WORK
Notice is hereby given that the State Transportation Commission of Wyoming has accepted as completed according to plans, specifications and rules governing the same work performed under that certain contract between the State of Wyoming, acting through said Commission,
and
Hardrives Construction, Inc.. the Contractor, on Highway Project Number AERPMP-03X-003X-00(206), in Big Horn, Campbell, Carbon, Converse, Fremont, Laramie, Lincoln, Natrona, Park, Platte, Sublette, Teton and Uinta County, consisting of statewide airport cracksealing, and the Contractor is entitled to final settlement therefore; that the Director of the Department of Transportation will cause said Contractor to be paid the full amount due him under said contract on January 10, 2007. The date of the first publication of this Notice is November 29, 2006.
STATE TRANSPORTATION COMMISSION OF WYOMING
Original signed - copy on file in Federal Aid By: Kimberly Lamb, Federal Aid Supervisor, Budget Program
Published in the Pinedale Roundup November 30 and December 7, and 14, 2006.

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