20070214Application.pdf

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Michael C. Creamer (ISB No. 4030)
GIVENS PURSLEY LLP
601 West Bannock Street
O. Box 2720
Boise, Idaho 83701-2720
Office: [phone]
Fax: [phone]
www.givenspursley.com
2007 FES i Lf ~)i'i 3: 45
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Case No.Cus O~-O(
IN THE MATTER OF THE PETITION OF
CUSTER TELEPHONE COOPERATIVE
INC. FOR AMENDMENT OF ITS
CERTIFICATED SERVICE AREA
BOUNDARY
PETITION FOR AMENDMENT OF
CERTIFICATED SERVICE AREA
BOUNDARY
Custer Telephone Cooperative, Inc. ("Custer ), through its attorneys Givens Pursley LLP
hereby petitions the Commission for an Order approving this Petition for Amendment of
Certificated Service Area Boundary. In support whereof, Custer states as follows:
Custer is a mutual, non-profit telephone corporation organized under the laws of
the State of Idaho and exempt from regulation by the Public Utilities Commission
Commission ). Custer s principle place of business is in Challis, Idaho and it maintains central
offices in Challis, May, Elk Bend and Clayton. Custer provides basic local exchange
telecommunications services, MTS , W A TS, access services to inter-exchange carriers, special
access services, broadband and other telecommunications services that its customers may from
time to time request or require.
On May 16, 1989, the Commission issued Order No. 22519 granting Custer
application for a certificate for an exclusive service area for telecommunications service pursuant
PETITION FOR AMENDMENT OF CERTIFICATED SERVICE AREA BOUNDARY - 1
to Idaho Code 62-615 (since amended), and simultaneously issued Custer Certificate No. 308 , a
copy of which is attached as Rxnihit A to this Petition.
Subsequent to issuance of Certificate No. 308, Custer has received requests to
extend telecommunications services in three distinct areas: the Yankee Fork, Morgan Creek and
Slate Creek areas depicted in the map attached as Rxninit R to this Petition. These three areas
are outside Custer s current certificated service area. They are not within the service area
boundaries of any other certificated telecommunications carrier, and they are not in the vicinity
of any line, plant or system of any other public utility already constructed.
Custer is willing to serve, and is best able to serve, customers in the Yankee Fork
Morgan Creek and Slate Creek areas depicted in Rxnihit R.
An explicit legal description for the amended certificated service area boundary
being requested is attached hereto as Rxnihit C. The legal descriptions encompassing the
requested boundary changes are shown in bold font. A compact disc containing the legal
descriptions in Microsoft Word format accompanies this petition.
The requested Certificate amendment will not affect the service area boundary of
any other certificated telecommunications carrier, and will not injure or interfere with the
operation of any line, plant or system of any other public utility already constructed.
Custer requests that all notices and communications concerning this Petition be
directed to the following individuals at the addresses given below:
Dennis Thornock, Manager
Custer Telephone Cooperative, Inc.
1111 South Main
O. Box 324
Challis, ill 83226
[phone]
[phone] (fax)
PETITION FOR AMENDMENT OF CERTIFICATED SERVICE AREA BOUNDARY -
With copy to:Michael C. Creamer
Givens Pursley LLP
601 West Bannock Street
O. Box 2720
Boise, ill 83701
[phone]
[phone] (fax)
WHEREFORE, the Custer Telephone Cooperative, Inc. respectfully requests an Order of
this Commission granting the amendments to Certificate No. 308 to incorporate the Yankee Fork
Morgan Creek and Slate Creek areas as described in Exnihit C attached hereto, and granting such
further relief as the Commission deems just and reasonable.
REQT JEST FOR MODTFffiD PROCEDT IRE
Because this Petition seeks minor boundary changes, will not affect the service area
boundary of any other certificated telecommunications carrier, and will not injure or interfere
with the operation of any line, plant or system of any other public utility already constructed
Custer further respectfully requests that this Petition proceed under the Commission s Rules 201
through 210 for Modified Procedure.
DATED this Ii..(~of February 2007.
GIVENS PURSLEY LLP
Michael C. Creamer
Attorneys for
Custer Telephone Cooperative, Inc.
PETITION FOR AMENDMENT OF CERTIFICATED SERVICE AREA BOUNDARY -
OffIce of the Secretary
'-~ aervlce Date
MAY 1'6 1989
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF CUSTER TELEPHONE COOPERATIVE
INC. FOR A CERTIFICATE FOR AN EXCLUSIVE SERVICE AREA FOR
TELECOMMUNICATIONS SERVICE.
CASE NO. CUS-89-
CERTIFICATE NO. 308
IS HEREBY CERTIFIED that the ' present and future
publ ic convenience and necessi ty requires and will require
Custer Telephone Cooperative,Inc. ,its successors and assigns
to own, hold, construct, or otherwise acquire and maintain and
operate facilities for the provision to or for the public of
telecommunications services the inhabi tants the area
legally described on Appendix A to this Certificate; to exercise
all rights and privileges which have been granted to said Custer
Telephone Cooperative,Inc. ,its successors and assigns by any
franchise or permit conferred or hereinafter conferred upon said
Custer Telephone Cooperative,Inc. ,its successors and assigns
by any city or village, or by any county, or by the State of
Idaho,any political subdi vision thereof the area
hereinbefore set forth.
THIS CERTIFICATE is predicted upon and issued pursuant
to the findings and order of this Commission, the same being
Ib.~ Order No. 22519 issued on the ,)6th day of May, 1989.
CERTIFICATE NO. 308
Exhibit A
IIIII
IIIII
IIIII
IIIII
IIIII
IIIII
DONE by Order of the Idaho Public utilities Commission
at Boise, Idaho, this
/~~
day of May, 1989.
AA/\
~~ ~ ~
SHE COMMISSIONER
~~'-
RALPH NELSON, COMMISSIONER
ATTEST: ~/?CZ L~,~/RN J. WAL ERS, SECRETARY
MS:vs/O-562
CERTIFICATE NO. 308
DESCRIPTION
Boundary of custer Telephone Cooperative' s
Certificated Service Territory
Township and Range line references based
on the Boise Meridian
Commencing at the point of beginning at the most
southwesterly point of the Clayton EXchange located at the
SW corner of section 7, T9N, R17Ei then north to the NW
corner of section 6, TlON, R17Ei then west to the SW corner
of section 31, Tl1N, RlSE; then north to the NW corner of
section 19, TlIN, RlSEi then east to the NE corner of
section 22, TIlN, RISEi then south to the SE corner of
section 22, TllN R1SEi then east to the point of
intersection with Thompson Creek at the NE corner of
section 2S, TllN, Rl6Ei then northwesterlY in an irregular
line following Thompson Creek to the SW corner of section
33, T12N, R16Ei then north to the NW corner of section 21,
TI2N, Rl6Ei then east to the NE corner of section 24, T12N,
R16Ei then south to the SE corner of section 25, T12N,
R16Ei then east to the NE corner of section 32, T12N, R17E;
then south to the SE corner of section 32, Tl2N, R17Ej then
east to the sw corner of section 34, Tl2N, Rl8E; then north
. . APPENDIX A
O!rtee;r 'No: 22519-1-
to the point of joinder of the clayton Exchange with the
Challis Exchange at the NW corner of section 3, Tl2N, Rl8E;
then north following the section line as adjusted to the NW
corner of section 10, T14N, R18E; then west to the SW
corner of section 6, T14N, R1SE; then north to the NW
corner of section 6, T14N, Rl8E; then east to the SW corner
of section 31, T15N, R18E; then north to the NW corner of
section 19, T15N, R19E; then east to the NE corner of
section 22, T15N, R19E; then north to the NW corner of
section 11, T15N, R19E; then east to the NE corner of
section 12, T15N, R19E; then north along the section line
as adjusted to the NW corner of section 6, T15N, R20E;
then east to the NE corner of section 4, T15N, R20Ei then
north to the NW corner of section 34, T16N, R20E; then east
to the NE corner of section 34, T16N, R20E to the point of
joinder of the Challis Exchange with the May Exchange; then
north to the NW corner of section 26, T16N, R20Ei then east
to the NE corner of section 26, T16N, R20Ei then north to
the point of joinder of the May Exchange to the Elkbend
Exchange, at the NW corner of section 13, T16N, R20E; then
north to the NW corner of section 1, T16N, R20E; then west
to the SW corner of section 35, T17N, R20Ej then north
along the section line as adjusted to the NW corner of
section 14, T19N, R20Ej then east to the NE corner of
section 17, T19N, R22Ej then south to a halfway point on
the northern boundary of section 5, T17N, R22Ei then east
-2-APPENDI X A
Order No. 22519
to the NE corner o~ section 5, T17N, R22E; then south to
the SE corner o~ section 32, T17N, R22E; then west to the
SW corner of section 34, T17N, R21E; then south to the
point of joinder of the Elkbend Exchange with the May
Exchange at the SE corner of section 9, T16N, R21E; then
south to the SE corner of section 4, T15N, R21E; then east
to the NE corner of section 7, T15N, R22E; then south to
the SE corner of section 7, T15N, R22E; then east to the NE
corner of section 16, T15N, R22E; then south to the SE
corner o~ section 16, T15N, R22E; then east to the NE
corner o~ section 22, T15N, R22E; then south to the SE
corner o~section 22,T15N,R22E;then east to the NE
corner o~sect ion 26,T15N,R22E;then south to the SE
corner of section 26,T15N,R22E;then east to the NE
corner o~ section 31, T15N, R23E; then south to the SE
corner of section 6, T14N, R23E; then east to an
approximate 3/8th point on the northern boundary of section
8, T14N, R23E; then south to an approximate 3/8th point on
the southern boundary of section 8, T14N, R23EJ then east
to the NE corner o~ section 13, T14N, R23Ej then south to
the SE corner o~ section 24, T14N, R23E; then east to a
hal~way point on the northern boundary of section 30, T14N,
R24Ei then south to a halfway point on the northern
boundary of section 31, T14N, R24Ei then east to the NE
corner of section 31, T14N, R24E; then south to the SE
corner of section 6, T13N, R24E; then east to the NE corner
-3-
APPENDIX A
Order No~ 22519
of section 8, T13N, R24Ei then south to the SE corner of
section 17, T13N, R24Ei then east to the NE corner of
section 21, T13N, R24Ei then south to the SW corner of
section 28, T13N, R24Ei then east to the NE corner of
section 34, T13N, R24E; then south to the SE corner of
section 34, T13N, R24Ei then east to the NE corner of
section 2, T12N, R24Ei then south to the SE corner of
section 14, T12N, R24Ei then eas~ to the NE corner of
(half) section 24, T12N, R24 1/2Ei then south to the SE
corner of (half) section 36, T12N, R24 1/2Ei then west to
the SW corner of section 31, T12N, R23Ei then north to the
NW corner of section 6, T12N, R23Ei then west to the sw
corner of section 35, T13N, R22Ei then north to the NW
corner of sect ion 35,T13N,R22Ei then west of the SW
corner of section 27,T13N,R22Ei then north to the NW
corner of sect ion 27,T13N,R22E;then west to the sw
corner of section 19,T13N,R22Ei then north to the NW
corner of section 6, T13N, R22Ei then west to the SW corner
of section 35, T14N, R21E; then north to the NW corner of
section 11, T14N, R21E; then west to the NW corner of
section 4, T14N, R21Ei then north along the section line as
adjusted to the NW corner of section 33, T15N, R21E; then
west to the SW corner of section 30, T15N, R21Ei then north
to the NW corner of section 18, T15N, R21Ei then west to
the point of joinder of the May Exchange with the Challis
Exchange at the SW corner of section 11, T15N, R20E; then
-4-
APPENDIX A
Order No. 22519
south to the SE corner of section 22~ T15N~ R20E; then west
to the SW corner of section 20~ T15N~ R20E; then south
along the section line as adjusted to the SE corner of
section 18~ T14N~ R20E; then east to the NE corner of
section 20~ T14N~ R20E; then south to the SE corner of
section 29 ~ T14N, R20E; then east to the NE corner of
section 33~ T14N~ R20E; then south to the SE corner of
section 9 ~ T13N~ R20E; then east to the NE corner of
section l5~ Tl3N~ R20E; then south to the SE corner of
section 22~ Tl3N, R20E; then east to the NE corner of
section 26~T 13N,R20E;then south to the SE corner of
section 35~Tl3N~R20E;then east to the NE corner of
section Tl2N~R20 E;then south to the SE corner of
section 36~ Tl2N, R20E; then west to the point of joinder
of the Challis Exchange to the Clayton Exchange at the SW
corner of section 33~ T12N, Rl9E; then west to the SW
corner of section 31, T12N~ R19E; then south to the SE
corner of section 12, TlON, Rl8E; then east to the NE
corner of section 18~ T10N, Rl9E; then south to the SE
corner of section 19~ T10N, Rl9E; then west to the SW
corner of section 19, T10N, R19E; then south to the SE
corner of section 1~ T9N~ R18E; then west to the SW corner
of section 2, T9N, R18E; then south to the SE corner of
section 10, T9N~ R18E; then west to point of beginning at
the SW corner of section 7, T9N, R17E.
APPENDIX A
Order No. 22519
-5-
Exhibit B
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""'I;:""s.i~!l1!B
DESCRIPTION
Boundary of Custer Telephone Cooperative, Inc.'s
Certificated Service Territory
Including Yankee Fork, Morgan Creek and Slate Creek Areas
The exterior boundary of those areas graphically depicted on the drawings
attached hereto as Exhibit 3, incorporating the Challis, Clayton, Elkbend, and
May Exchanges, and generally described as follows: (Township and Range line
references based on the Boise Meridian):
Commencing at the point of beginning at the most southwesterly point of the
Clayton Exchange located at the SW corner of section 7 , T9N, R17E; then
north to the NW corner of section 6, T10N , R17E; then west to the
corner of section 3 T10N, R16E; then south to the SE corner of section 9
T10N, R16E; then west to the SW corner of section 9, T10N, R16E; then
south to the SE corner of section 17, T10N, R16E; then west to the
corner of section 17, T10N, R16E; then north to the NE corner of section
, T10N, R16E; then west to the SW corner of section 31 , T11N , R15E; then
north following the section line as adjusted to the NW comer of section
, T13N, R1SE; then east to the NE corner of section 16, T13N, R1SE;
then south following the section line as adjusted to the SE corner of
section 16 , TUN, R1SE; then east to the NE corner of section 22, TUN
R15E; then south to the SE corner of section 22, T11N, R15E; then east to the
Exhibit Page 1 of 6
point of intersection with Thompson Creek at the NE corner of section 25
Tl1 N R16E; then northwesterly in the irregular line following Thompson
Creek to the SW corner of section 33, T12N, R16E; then north to the NW
corner of section 21 , T12N, R16E; then east to the NE corner of section 24
T12N, R16E; then south to the SE corner of section 25, T12N, R16E; then
east to the NE corner of section 32, T12N, R17E; then south to the SE corner
of section 32, T12N, R17E; then east to the SW corner of section 34, T12N
R1SE; then north to the point of joinder of the Clayton Exchange with the
Challis Exchange at the NW corner of section 3, T12N, R1SE; then north
following the section line as adjusted to the NW corner of section 10, T14N
R1SE; then west to the SW corner of section 6, T14N, R1SE; then north to the
NW corner of section 6, T14N, R1SE; then east to the SW corner of section
, T15N, R19E; then north to the NW corner of section 19 , T15N , R19E;
then east to the NE corner of section 21, TI5N, RI9E; then north to the
NE comer of section 16, TI5N, RI9E; then west to the NW comer of
section 16 , TI5N, RI9E; then north to the NE corner of section 5, TI5N,
RI9E; then west to the NW corner of section 5, TI5N, RI9E; then north
to the NE comer of section 31, TI6N, RI9E; then west to the NW corner
of section 31, TI6N, RI9E; then north to the NW corner of section 18,
TI7N, RI9E; then east to the NE corner of section 17, TI7N, RI9E; then
south to the SW comer of section 28, TI6N, RI9E; then east to the
Page 2 of 6
corner of section 28, T16N, R19E; then south to the SW comer of section
34, T16N, R19E; then east to the SE corner of section 34, T16N, R19E;
then south to the NW corner of section 11 , T15N, R19E; then east to the NE
corner of section 12, T15N, R19E; then north along the section line as adjusted
to the NW corner of section 6, T15N, R20E; then east to the NE corner of
section 4, T15N, R20E; then north to the NW corner of section 34, T16N
R20E; then east to the NE corner of section 34, T16N, R20E to the point of
joinder of the Challis Exchange with the May Exchange; then north to the NW
corner of section 26 , T16N , R20E; then east to the NE corner of section 26
T16N, R20E; then north to the point of joinder of the May Exchange to the
Elkbend Exchange, at the NW corner of section 13, T16N, R20E; then north
to the NW corner of section 1 , T16N, R20E; then west to the SW corner of
section 35, T17N , R20E; then north along the section line as adjusted to the
NW corner of section 14, T19N, R20E; then east to the NE corner of section
, T19N, R22E; then south to the halfway point on the northern boundary
section 5, T17N, R22E; then east to the NE corner of section 5, T17N, R22E;
then south to the SE corner of section 32, T17N, R22E; then west to the SW
corner of section 34, T17N, R21E; then south to the point of joinder of the
Elkbend Exchange with the May Exchange at the SE corner of section 9
T16N, R21E; then south to the SE corner of section 4, T15N, R21E; then east
to the NE corner of section 7 , T15N, R22E; then south to the SE corner of
Page 3 of 6
section 7 , T15N, R22E; then east to the NE corner of section 16, T15N , R22E;
then south to the SE corner of section 16, T15N, R22E; then east to the NE
corner of section 22, T15N, R22E; then south to the SE corner of section 22
T15N, R22E; then east to the NE corner of section 26, T15N, R22E; then
south to the SE corner of section 26, T15N, R22E; then east to the NE corner
of section 31 , T15N , R23E; then south to the SE corner of section 6, T14N
R23E; then east to an approximate 3/8th point on the northern boundary of
section 8, T14N, R23E; then south to an approximate 3/8th point on the
southern boundary of section 8, T14N, R23E; then east to the NE corner of
section 13 , T14N, R23E; then south to the SE corner of section 24, T14N
R23E; then east to a halfway point on the northern boundary of section 30
T14N, R24E; then south to the halfway point on the northern boundary of
section 31 , T14N, R24E; then east to the NE corner of section 31 , T14N
R24E; then south to the SE corner of section 6, T13N , R24E; then east to the
NE corner of section 8, T13N, R24E; then south to the SE corner of section
, T13N, R24E; then east to the NE corner of section 21 , T13N , R24E; then
south to the SE corner of section 28 , T13N , R24E; then east to the NE corner
of section 34, T13N, R24E; then south to the SE corner of section 34, T13N
R24 E; then east to the NE corner of section 2, T12N, R24 E; then south to the
SE corner of section 14, T12N, R24E; then east to the NE corner of (half)
section 24, T12N, R24 1/2E; then south to the SE corner of (half) section 36
Page 4 of 6
T12N, R24 1/2E; then west to the SW corner of section 31 , T12N, R23E; then
north to the NW corner of section 6, T12N, R23E; then west to the SW corner
of section 35, T13N, R22E; then north to the NW corner of section 35, T13N
R22E; then west of the SW corner of section 27, T13N, R22E; then north to
the NW corner of section 27 , T13N, R22E; then west to the SW corner of
section 19 , T13N, R22E; then north to the NW corner of section 6, T13N
R22E; then west to the SW corner of section 35, T14N, R21E; then north to
the NW corner of section 11 , T14N , R21E; then west to the SW corner of
section 4, T14N, R21E; then north along the section line as adjusted to the
NW corner of section 33, T15N , R21E; then west to the SW corner of section
, T15N, R21E; then north to the NW corner of section 18, T15N, R21E;
then west to the point of joinder of the May Exchange with the Challis
Exchange at the SW corner of section 11 , T15N, R20E; then south to the SE
corner of section 22, T15N , R20E; then west to the SW Corner of section 20
T15N, R20E; then south along the section line as adjusted to the SE corner of
section 18, T14N, R20E; then east to the NE corner of section 20, T14N
R20E; then south to the SE corner of section 29 , T14N, R20E; then east to the
NE corner of section 33 , T14N, R20E; then south to the SE corner of section
, T13N, R20E; then east to the NE corner of section 15, T13N, R20E; then
south to the SE corner of section 22, T13N, R20E; then east to the NE corner
of section 26 , T13N , R20E; then south to the SE corner of section 35 , T13N
Page 5 of 6
R20E; then east to the NE corner of section 1 , T12N, R20E; then south to the
SE corner of section 36 , T12N, R20E; then west to the point of joinder of the
Challis Exchange to the Clayton Exchange at the SW corner of section 33
T12N, R19E; then west to the SW corner of section 31 , T12N, R19E; then
south to the SE corner of section 12, Tl0N, R18E; then east to the NE corner
of section 18, Tl0N, R19E; then south to the SE corner of section 19 , Tl0N
R19E; then west to the SW corner of section 19, Tl ON, R19E; then south to
the SE corner of section 1 , T9N, R18E; then west to the SW corner of section
, T9N, R18E; then south to the SE corner of section 10, T9N, R18E; then
west to the point of beginning at the SW corner of section 7, T9N, R17E.
Page 6 of 6