20121213Proposed Order.pdf

ORIGINAL
P F C;
Dean J. Miller (ISB No. 1968)
Chas. F. McDevitt (ISB No. 835)
McDEVIYT & MILLER LLP
420 West Bannock Street
P.O. Box 2564-83701
Boise, ID 83702
Tel: [phone]
Fax: [phone]
joemcdevitt-miller.com
[e-mail]
Jason B. Williams (ISB No. 8718)
Blackfoot Telecommunications Group
1221 North Russell Street
Missoula, MT 59808
Tel: [phone]
Fax: [phone]
[e-mail]
2U1?OECI3 Mi1O:52
1LJrdi' r'LLF.
TILITES C)MMS
Attorneys for Blackfoot Telecommunications Group
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. FRE-T-12-01
IN THE MATTER OF THE APPLICATION
OF BLACKFOOT TELECOMMUNICATIONS
GROUP
[PROPOSED]
ORDER APPROVING
SUPPLEMENTAL APPLICATION
OF BLACKFOOT
TELECOMMUNICATIONS
GROUP FOR AUTHORITY TO
ISSUE INSTRUMENTS OF
SECURITY PURSUANT TO
IDAHO CODE 61-901 AND
REQUEST FOR EXPEDITIOUS
ACTIONS
On December 13, 2012, Blackfoot Telecommunications Group, (Blackfoot) filed an
Application pursuant to Chapter 9, Title 61 of the Idaho Code and Rule 141 of the Commission's
ORDER APPROVING SUPPLEMENTAL APPLICATION OF BLACKFOOT TELECOMMUNICATIONS
GROUP FOR AUTHORITY TO ISSUE INSTRUMENTS OF SECURITY PURSUANT TO IDAHO CODE
61-901 AND REQUEST FOR EXPEDITIOUS ACTIONS-1
Rules of Procedure, IDAPA 31.01.01141 for authority to execute and deliver Instruments of
Security.
The Commission, having considered the Application, the information in its files
concerning the Company, the applicable law, and being fully advised in the premises, finds and
concludes:
FINDINGS OF FACT
I.
Fremont Telecom Co, is a telephone corporation within the definition of Idaho Code 61-
121 and is a public utility within the definition of Idaho Code 61-129.
CONCLUSIONS OF LAW
I.
Fremont Telecom Co., is a telephone corporation within the definition of Idaho Code
61-121 and is a public utility within the definition of Idaho Code 61-129.
II.
The Idaho Public Utilities Commission has jurisdiction over this Application pursuant to
the provisions of Idaho Code § § 61-901 et seq., and the Application reasonably conforms to Rule
141 of the Commission's Rules of Procedure, IDAPA 3 1.01.01141.
III.
The method of issuance is proper.
Iv.
The general purpose to which the proceeds will be put are lawful purposes under the
Public Utility Laws of the state of Idaho and are compatible with the public interest. However,
ORDER APPROVING SUPPLEMENTAL APPLICATION OF BLACKFOOT TELECOMMUNICATIONS
GROUP FOR AUTHORITY TO ISSUE INSTRUMENTS OF SECURITY PURSUANT TO IDAHO CODE
61-901 AND REQUEST FOR EXPEDITIOUS ACTIONS-2
this general approval of the general purposes to which the proceeds will be put is neither a finding
of fact nor a conclusion of law that any particular construction program of the Company which
may be benefited by the approval of this Application has been considered or approved by this
Order, and this Order shall not be construed to that effect.
V.
The issuance of an order authorizing the proposed financing does not constitute agency
determination/approval of the type of financing or the related costs for ratemaking purposes,
which determination the Commission expressly reserves until the appropriate proceeding.
VI.
The Application should be approved.
IT IS THEREFORE ORDERED that this authorization is without prejudice to the
regulatory authority of this Commission with respect to rates, service, accounts, valuation,
estimates or determination of cost, or any other matter which comes 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 with this Order 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 exhibits or other materials accompanying the Application for any purpose other than the
issuance of this Order.
ORDER APPROVING SUPPLEMENTAL APPLICATION OF BLACKFOOT TELECOMMUNICATIONS
GROUP FOR AUTHORITY TO ISSUE INSTRUMENTS OF SECURITY PURSUANT TO IDAHO CODE
61-901 AND REQUEST FOR EXPEDITIOUS ACTIONS-3
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) or in interlocutory Orders previously issued in this Case No. FRE-T-12-Ol
may petition for reconsideration within twenty-one (21) days of the service date of this Order with
regard to any matter decided in this Order or in interlocutory Orders previously issued in this
Case No. FRE-T-12-01. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross- petition for reconsideration. See Idaho Code 61-
626.
DONE BY Order of the Idaho Public Utilities Commission at Boise, Idaho this _____day
of December, 2012.
PAUL KJELLANDER, PRESIDENT
MARSHA A. SMITH, COMMISSIONER
MACK REDFORD, COMMISSIONER
ATTEST:
Jean Jewell Commission Secretary
ORDER APPROVING SUPPLEMENTAL APPLICATION OF BLACKFOOT TELECOMMUNICATIONS
GROUP FOR AUTHORITY TO ISSUE INSTRUMENTS OF SECURITY PURSUANT TO IDAHO CODE
61-901 AND REQUEST FOR EXPEDITIOUS ACTIONS-4