20211130Notice_of_Application_Order_No_35243.pdf

NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35243 1
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE PUBLIC
UTILITY COMMISSION’S INQUIRY INTO
THE REVIEW OF APPLICATIONS TO
DETERMINE WHETHER BROADBAND
EQUIPMENT MEETS THE ELIGIBILITY
REQUIREMENTS FOR INVESTMENT TAX
CREDITS

)
)
)
)
)
)
)
)
)
)
)
CASE NO. GNR-T-21-10

NOTICE OF APPLICATION

NOTICE OF INTERVENTION
DEADLINE

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35243

On November 19, 2021, Commission Staff (“Staff”) of the Idaho Public Utilities
Commission (“Commission”) by and through its legal counsel applied to the Commission
requesting that the Commission initiate a case to inquire into the process for obtaining a broadband
tax credit (“Memo”). See Procedural Order No. 28784. Staff recommended the Commission
establish an intervention period followed by a public comment and reply period. Memo at 2.
The Commission now issues this notice of Application for case initiation for
Commission inquiry, Notice of Intervention Deadline, and Notice of Modified Procedure.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that, beginning in 2001, a telecommunications
carrier could obtain a tax credit for installing “qualified” broadband equipment. Idaho Code § 63-
3029I.
YOU ARE FURTHER NOTIFIED that Idaho Code § 63-3029I(4) specifically
provides that the Commission “may issue procedural orders necessary to implement” Idaho Code
§ 63-3029I. In 2001, the Commission issued Procedural Order No. 28784 (“Order No. 28784”).
Order No. 28784 clarified what information an applicant must include in an application to the
Commission for an order that its installed equipment meets the statutory definition of “qualified
broadband equipment” and is, therefore, eligible for the broadband tax credit under Idaho Code §
63-3029. Order No. 28784 at 2-3.
YOU ARE FURTHER NOTIFIED that Staff believes it necessary to evaluate whether
the criteria set forth in Order No. 28784 describing what information an applicant must provide to
Office of the Secretary
Service Date
November 30, 2021

NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35243 2
obtain an order that its installed equipment is “qualified broadband equipment” are still necessary
and relevant.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission’s jurisdiction under Titles 61 and 63 of the Idaho Code.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be conducted
pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.
NOTICE OF INTERVENTION DEADLINE
YOU ARE FURTHER NOTIFIED that anyone who wishes to intervene in this matter
to obtain the rights of party (e.g., to file formal discovery, or present evidence, or cross-examine
witnesses at a hearing) must file a Petition to Intervene with the Commission under the
Commission’s Rules of Procedure 72 and 73, IDAPA 31.01.01.072 and .073. Anyone who wishes
to intervene as a party must file a Petition to Intervene within 14-days from the service date
of this Order. Those seeking to intervene shall also provide the Commission Secretary with their
email address to facilitate further communications. After the intervention deadline runs, the
Commission Secretary shall issue a Notice of Parties that identifies the parties and assigns exhibit
numbers to each party.
YOU ARE FURTHER NOTIFIED that those who would like to present their views
without parties’ rights of participation and cross-examination do not have to intervene but may
present their views by submitting written comments to the Commission.
YOU ARE FURTHER NOTIFIED that the following person is designated as Staff’s
representative in this matter:
Riley Newton
Deputy Attorney General
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
[e-mail]

Street Address for Express Mail:
11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, ID 83702-0074

NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35243 3
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the public
interest may not require a formal hearing in this matter and will proceed under Modified Procedure
pursuant to Rules 201 through 204 of the Commission’s Rules of Procedure, IDAPA 31.01.01.201
through .204. The Commission notes that Modified Procedure and written comments have proven
to be an effective means for obtaining public input and participation.
YOU ARE FURTHER NOTIFIED that those desiring to state a position in this case
may file written comments once the intervention deadline has expired. Those who would like a
hearing must specifically request a hearing in their written comments. Those interested in filing
written comments must do so by January 4, 2022. Comments must be filed through the
Commission’s website or by e-mail unless computer access is unavailable. To comment
electronically, please access the Commission’s home page at www.puc.idaho.gov. Click the “Case
Comment Form” tab and complete the form using the case number as it appears on the front of
this document. Comments filed by email must also be emailed to the Commission at the email
address listed below. If computer access is unavailable, then comments may be mailed to the
Commission at the address below:
For the Idaho Public Utilities
Commission:

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
[e-mail]

Street Address for Express Mail:

11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, ID 83714

YOU ARE FURTHER NOTIFIED that any reply comments must be filed by
January 11, 2022.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received

NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35243 4
within the time limit set, the Commission will consider this matter on its merits and enter its Order
without a formal hearing. If written comments are received within the time limit set, the
Commission will consider them and, in its discretion, may set the same for formal hearing.
O R D E R
IT IS HEREBY ORDERED that those desiring to intervene in this case for the purpose
of obtaining parties’ rights of participation must file a Petition to Intervene with the Commission,
pursuant to Rules 72 and 73, IDAPA 31.01.01.72-73, no later than fourteen (14) days after the
service date of this Order.
IT IS FURTHER ORDERED that this case be processed under Modified Procedure,
Rules 201-204, IDAPA 31.01.01.201-.204. Those interested in filing written comments must do
so by January 4, 2022. Any reply comments must be filed by January 11, 2022.
IT IS FURTHER ORDERED that parties should continue to comply with Order No.
35058, issued June 3, 2021. All pleadings should be filed with the Commission electronically and
shall be deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service
between parties should also be accomplished electronically. Voluminous discovery-related
documents may be filed and served on CD-ROM or a USB flash drive.
///

NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35243 5
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 30th day
of November 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\TELECOM\GNR-T-21-10\orders\GNRT2101_NtcAppMod_rn.docx