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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 ) ) ) ) ) ) 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 I:\Legal\TELECOM\COL-T-22-01 securities\COL-T-22-01_securities order_cs.docx