1-27-2021 Kemmerer Gazette legal notices


PUBLIC NOTICE

Pursuant to the Wyoming Administrative Procedure Act and the Wyoming Public Service Commission’s (Commission) Rules, notice is hereby given that a public hearing is scheduled regarding Rocky Mountain Power’s (RMP or the Company) Application for authority to increase its retail electric service rates by approximately $7.1 million per year or 1.1 percent, to revise the energy cost adjustment mechanism, and to discontinue operations at Cholla Unit 4. The public hearing is set to commence on Monday, February 15, 2021, at 9:00 a.m., in the Commission’s hearing room located at 2515 Warren Avenue, Suite 300, in Cheyenne, Wyoming.

RMP is a public utility as defined in Wyo. Stat. § 37-1-101(a)(vi)(C), subject to the Commission’s jurisdiction pursuant to Wyo. Stat. § 37-2-112.

On March 4, 2020, RMP filed its initial Application. On September 11, 2020, RMP filed its Amended Application seeking Commission authority to implement [i] an increase in its retail electric utility service base rates in Wyoming of $9.1 million ($2.0 million more, or 28.2 percent, than the Company sought in its original Application) per annum or an average overall increase of 28.2 percent, with $3.5 million of the rate increase phased in on January 1, 2021, and $5.6 million phased in on July 1, 2021, or 30 days after the last wind project fully goes into service; including approval of a proposal to offset the annual base rate increase for three years by using $26.4 million of the $90 million balance of deferred TCJA tax benefits owed to RMP customers; [ii] changes to the ECAM to include recovery of  $221.9 million through Schedule 95; [iii] eliminate the 70/30 sharing band; [iv] a return on equity of 9.8 percent, [v] using TCJA funds to buy down 100 percent of the Cholla Unit 4 undepreciated plant balances resulting from the discontinuation of operations at Unit 4 of the Cholla Power Plant in Arizona, [vi] using TCJA funds to buy down 50 percent of Naughton Units 1 and 2 undepreciated plant balances, and [vii] approval of the proposed associated regulatory accounting treatment. Wyoming Industrial Energy Consumers (WIEC) intervened and requested a hearing.

All interested persons are encouraged to attend the public hearing which will be conducted in accordance with the Wyoming Administrative Procedure Act, Wyoming Public Service Commission Rules, and subject to any applicable national, state or local public health related orders or directives. All interested persons may appear and be heard, in person, by video or telephone conference, or through counsel appearing in person or by video or telephone conference.

Attend by video conference and actively participate at: meet.google.com/xtg-byin-hxn

Attend by telephone and actively participate by dialing:  (347) 480-7292 (PIN: 350682349).

Any updates will be announced at: https://psc.wyo.gov/home/hot-topics.

The number of people in the Commission’s hearing room and auxiliary spaces will be limited to maintain recommended physical distance between individuals. Facemasks will be available at this Public Hearing.

If you wish to attend the hearing and you require reasonable accommodation for a disability, please contact the Commission at (307) 777-7427 (Voice or TTY) in Cheyenne during regular business hours or write 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 No. 20000-578-ER-20 (Record No. 15464) in your correspondence. If you wish to listen to the hearing scheduled in this matter go to https://psc.wyo.gov/calendar/livestream at the appropriate time and follow the instructions to connect to the hearing.

DATED: January 15, 2021

PUBLISHED: Jan. 27, Feb. 3, 2021       01211

 

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 Application of Rocky Mountain Power (RMP or the Company) for approval of the disposition of major utility facilities pursuant to a Purchase and Transfer Agreement with the Klamath River Renewal Corporation (Renewal Corporation), as more fully described below.

RMP is a public utility, as defined in W.S. §37-1-101(a)(vi)(C), providing retail electric public utility service under certificates of public convenience and necessity (CPCN) issued by the Commission. RMP is subject to the Commission’s jurisdiction pursuant to W.S. §37-2-112. RMP provides electric retail service to customers in Utah, Idaho and Wyoming; and under the name Pacific Power in Oregon, Washington and California.

On January 14, 2021, RMP filed an Application with supporting testimony and exhibits requesting approval of the Property Transfer Agreement (Transfer Agreement) between the Company and the Klamath River Renewal Corporation (Renewal Corporation), as well as a determination that the property disposition is in the public interest. The Transfer Agreement provides for transfer from RMP to the Renewal Corporation of four hydroelectric dams; J.C. Boyle, Copco  No. 1, Copco No. 2, and Iron Gate (collectively the Lower Klamath Project), as well as approximately 8,000 acres of real and personal property associated  with the dams. RMP requests approval of its Application, on or before July 15, 2021.

RMP states the transfer of the Lower Klamath Project to the Renewal Corporation is in the public interest because it is lower in cost and lower in risk than relicensing the dams. According to RMP, the transfer will not adversely impact the Company’s ability to provide service to Wyoming customers. The Company’s quantitative and qualitative analysis demonstrates that the transfer of the Lower Klamath Project, under the terms of the Klamath Hydroelectric Settlement Agreement (KHSA) is lower in cost based on the Company’s assessment of the likely mitigation requirements that would have been imposed had the Company pursued relicensing. The Company states the KHSA provides a framework to decommission and remove the four mainstem hydroelectric developments comprising the Lower Klamath Project and sets forth requirements related to their operation until removal. The KHSA also provides critical protections designed to shield customers from the potential for escalating costs and liabilities associated with dam removal.

The KHSA provides $450 million in public funds to cover the costs of dam removal. The Company collected $200 million from Oregon and California customers through dam removal surcharges, and California bond funding will supply the remaining $250 million. Consistent with the terms of the KHSA, the Company has not requested dam removal costs from Wyoming customers.

The transfer Agreement governs the conveyance of the Lower Klamath Project to the Renewal Corporation so that dam removal may begin. The Transfer Agreement provides for PacifiCorp’s reservation of easements for all transmission, distribution, service, substation, and communications assets required to preserve the safe and reliable function of the utility system after the land upon which the assets are located is transferred to the Renewal Corporation.

This is not a complete description of the Application. Interested persons may inspect the Application at RMP’s business office throughout Wyoming and at the Commission’s offices in Cheyenne, Wyoming, during regular business hours. The Application may also be viewed online at: http://psc.wyo.gov/.

Anyone wishing to file a statement, intervention petition, protest or request for a public hearing in this matter must do so in writing filed with the Commission on or before February 19, 2021. Any intervention request filed with the Commission 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. 20000-594-EA-21 (Record No. 15692) in all correspondence with the Commission.

If you wish to intervene in this matter 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 to the Commission, 2515 Warren Avenue, Suite 300, Cheyenne, Wyoming 82002. Communications-impaired persons may contact the Commission through Wyoming Relay at 711.

Dated: January 21, 2021.

PUBLISHED: Jan. 27, Feb. 3, 2021       01272

 

NOTICE OF FORECLOSURE SALE

Default in the payment of principal and interest has occurred under the terms of a promissory note (the “Note”) and a real estate mortgage (the “Mortgage”) dated November 9, 2009, executed and delivered by Harold L. Kellogg and Charlotte Kellogg (“Mortgagor”) to Mortgage Electronic Registration Systems, Inc., as nominee for Bank of the West, a California state banking corp., its successors and assigns, as security for the Note of the same date. The Mortgage was recorded on November 20, 2009, as Reception No. 950691 in Book 736 at Page 462 in the records of the office of the County Clerk and ex-officio Register of Deeds of Lincoln County, Wyoming.

The Mortgage was assigned for value as follows:

Assignee: Bank of the West

Assignment dated: December 21, 2020

Assignment recorded: December 23, 2020

Assignment recording information: Reception No. 1014398 in Book 1004 at Page 421

All in the records of the County Clerk and ex-officio Register of Deeds of Lincoln County, Wyoming.

The Mortgage contains a power of sale that, by reason of the default, the Mortgagee declares to have become operative, and no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof, nor has any such suit or proceeding been instituted and the same discontinued.

Written notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and the party in possession of the mortgaged premises at least ten (10) days prior to the commencement of this publication, and the amount due upon the Mortgage on the date of this notice of sale is $108,191.37, plus attorneys’ fees, costs expended, and accruing interest and late charges after the date of this notice of sale.

The property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale. Any prospective purchaser should research the status of title before submitting a bid.

The current Mortgagee, Bank of the West, will have the Mortgage foreclosed as provided by law by causing the mortgaged property to be sold at public venue by the Sheriff or Deputy Sheriff of Lincoln County, Wyoming to the highest bidder for cash on February 16, 2021 at 10:00 AM at the Upstairs Rotunda, Lincoln County Courthouse, 925 Sage Avenue, Kemmerer, Wyoming, for application on the above-described amounts secured by the Mortgage. The mortgaged property is described as follows:

Parcel 1

That part of the NE1/4NE1/4 of Section 7, Township 26 North Range 112 West within the incorporated limits of the Town of LaBarge, Lincoln County, Wyoming described as follows:

Beginning at a point on the South line of the said NE1/4NE1/4, South 89°58’ West, 1073.64 feet from the Southeast corner of said NE1/4NE1/4 where found 2 inch galvanized steel pipe with brass cap inscribed “PAUL N. SCHERBEL RLS 164 BIG PINEY, WYOMING, T26NR112WN1/16 S7/S8 1977” and North 89°58’ East, 1563.25 feet from the Southwest corner of the NE1/4NE1/4 of said Section 7 where found a granite stone 10”x17”x6” marked 1/16 on W, SS on E; thence North 89°58’ East, 100.0 feet to a point; thence North 00°14’ East, 50.0 feet parallel to the East right-of-way line of State Highway 189 to a point; thence South 89°58’ West, 100.0 feet parallel to the said South line to a point; thence South 00°14’ West, parallel to the said right-of-way line, the base bearing for this survey, 50.0 feet to the point of

beginning. Each point marked with steel T-shaped stake 24” long with metal cap inscribed “SURVEY POINT DO NOT DISTURB RLS164”.

Parcel 2

That part of Lot 3 of Section 7, Township 26 North Range 112 West of the 6th P.M., Lincoln County, Wyoming described as follows:

Beginning at a point on the North line of the said Lot 3, South 89°58’ West, 1073.64 feet from the Northeast corner of said Lot 3 where found a 2” galvanized steel pipe with brass cap inscribed “PAUL N. SCHERBEL RLS 164 BIG PINEY, WYOMING, T26NR112WN1/16 S7/S8 1977” and North 89°58’ East, 1563.25 feet from the Southwest corner of the NW1/4NE1/4 of said Section 7 where found a granite stone 10”x17”x6” marked 1/16 on W, SS on E; thence North 89°58’ East, 100.0 feet to a point; thence South 00°14’ West, 50.0 feet parallel to the East right-of-way of State Highway 189 to a point; thence South 89°58’ West, 100.0 feet parallel to said North line to a point; thence North 00°14’ East, parallel to the said right-of-way line, the base bearing for this survey, 50.0 feet to the point of beginning. Each point marked with steel T-shaped stake 24” long with metal cap inscribed “SURVEY POINT DO NOT DISTURB RLS164”.

Parcel 3

A parcel of land located in a portion of the NE1/4NE1/4 of Section 7, Township 26 North Range 112 West of the 6th P.M., Lincoln County, Wyoming within the incorporated limits of the Town of LaBarge, being more particularly described as follows:

Commencing at a point on the South line of the said NE1/4NE1/4, South 89°53’ West, 1073.64 feet from the Southeast corner of said NE1/4NE1/4 where found a 2 inch galvanized steel pipe with brass cap inscribed “PAUL N. SCHERBEL RLS 164 BIG PINEY, WYOMING, T26NR112WN1/16 S7/S8 1977”, said point identical with the Southwest corner of a tract of land recorded in the Office of the Clerk of Lincoln County in Book 139PR on page 293; thence North 00°14’ East, 50.00 feet parallel to the East right-of-way line of State Highway 189 and along the West line of said tract of record in Book 139PR to the Northwest corner of said tract of record in Book 139PR, said Northwest corner being the point of beginning of this described parcel, said point of beginning also being the point of beginning of Parcel #2 recorded in the Office of the Clerk of Lincoln County in Book 213PR on page 658, also being a steel T-shaped stake; thence continuing N00°14’00” East, parallel to the said East right-of-way a distance of 51.30 feet to a 5/8” rebar with aluminum SURV-KAP stamped “JFC PELS 574”; thence North 89°47’16” East, a distance of 100.24 feet to a 5/8” rebar with aluminum SURV-KAP stamped “JFC PELS 574”; thence South 00°13’22” West, a distance of 51.02 feet, to a steel T-shaped stake with a metal cap inscribed “SURVEY POINT DO NOT DISTURB RLS 164”, and being the Northeast corner of said tract of record in Book 139PR; thence South 89°37’40” West, along the North line of said tract of record in Book 139PR, a distance of 100.25 feet to the point of beginning of said parcel.

Parcel No.: 10903723

which has the address of 895 South Yeaman, La Barge, WY 83123 (the undersigned disclaims any liability for any error in the address).

Together with all improvements thereon and all fixtures and appurtenances thereto.

Date: December 31, 2020       Bank of the West

By: Brigham J. Lundberg

Lundberg & Associates, PC

3269 S. Main St., Suite 100

Salt Lake City, UT 84115

L&A No. 20.78332.1/rm

PUBLISHED: Jan. 6, 13, 20, 27, 2021   01065

 

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