HomeMy WebLinkAbout20221230Final_Order_No_35650.pdfORDER NO. 35650 1
Office of the Secretary
Service Date
December 30, 2022
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF COLUMBINE
TELEPHONE COMPANY, INC.’S
APPLICATION FOR AUTHORITY TO
ACCEPT A GRANT AWARD IN AN
AMOUNT NOT TO EXCEED $2,103,857
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CASE NO. COL-T-22-01
ORDER NO. 35650
On December 8, 2022, Columbine Telephone Company, Inc. (“Company” or
“Columbine”) applied under Idaho Code §§ 61-901, et seq., for authority to execute a grant and
security agreement in favor of the Rural Utilities Service (“RUS”). Application at 1.
Pursuant to Idaho Code § 61-904, the Commission has 30 days from the filing date to issue
an order. At the Commission’s December 20, 2022, Decision Meeting, Staff recommended the
Commission issue an order approving the requested authority. Based on our review of the record,
we issue this Order approving the Application as discussed below.
THE APPLICATION
The Company requested authority to execute a grant and security agreement in favor of the
RUS to secure a grant for $2,103,857. Id. The Company represented that it is required to make this
security agreement in favor of RUS to receive the funding. Id. The grant will be used for facilities
necessary to expand broadband access to an unserved area of Madison County, Idaho, and provides
RUS with a secured interest in the plant in service. Id. at 2.
STAFF REVIEW AND RECOMMENDATION
Staff recommended the Commission approve the Company’s request and order the
Company to file copies of all agreement terms and final documents as soon as they are available.
FINDINGS AND DISCUSSION
The Company is incorporated in Wyoming and qualified to do business in Idaho. The
Commission has jurisdiction over the Company’s Application under Idaho Code § 61-901 et seq.
The Commission finds that the grant is in the public interest and a formal hearing on this matter is
not required. We further find that the proposed issuance is for a lawful purpose and is within the
Company’s corporate powers, that the Application reasonably conforms with Rules 141 through
150 of the Commission’s Rules of Procedure, IDAPA 31.01.01.141-150, and that the Company
has paid all fees due under Idaho Code § 61-905. Accordingly, the Commission approves
Columbine’s Application for authority.
ORDER NO. 35650 2
The Commission’s Order approving the proposed financing and the general purposes to
which the proceeds may be put is not a determination that the Commission approves of the
particular use to which these funds will be put. The Order also is not a Commission determination
or approval of the type of financing or the related costs for ratemaking purposes. The Commission
does not have before it for determination, and so does not determine, the effect of the proposed
transaction on rates the Company will charge for telecommunication service.
O R D E R
IT IS HEREBY ORDERED that the Company’s Application for authority to execute a
security agreement in favor of the Rural Utilities Service for $2,103,857, is granted.
IT IS FURTHER ORDERED that the Company must file copies of all agreement terms
and final documents as soon as they become available.
IT IS FURTHER ORDERED that the foregoing authorization is without prejudice to the
regulatory authority of the Commission with respect to rates, utility capital structure, service
accounts, valuation, estimates for determination of cost or any other matter which may come before
this Commission pursuant to its jurisdiction and authority as provided by law.
IT IS FURTHER ORDERED that nothing in this Order and no provisions of Chapter 9, Title
61, Idaho Code, or any act or deed done or performed in connection therewith shall be construed to
obligate the State of Idaho to pay or guarantee in any manner whatsoever any security authorized,
issued, assumed, or guaranteed under the provisions of Chapter 9, Title 61, Idaho Code.
IT IS FURTHER ORDERED that issuance of this Order does not constitute acceptance of
the Company’s exhibits or other materials accompanying the Application for any purpose other than
the issuance of this Order.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7)
days after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. See Idaho Code § 61-626.
ORDER NO. 35650 3
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 30th day of
December 2022.
__________________________________________
ERIC ANDERSON, PRESIDENT
__________________________________________
JOHN CHATBURN, COMMISSIONER
__________________________________________
JOHN R. HAMMOND, JR., COMMISSIONER
ATTEST:
Jan Noriyuki
Commission Secretary
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