19920724second_amended_certificate_no_254.pdf

SecreLry
JUL 24 1992
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MArri!LK OF TkLF APPLICATION )
OF M1T)VALE TELEPHONE EXCHANGE,)CASE NO.M1T)-T-89-2
INC.TO AMEN])ITS CERTIFICATE )
OF PUBLIC CONVENIENCE AND NE-)SECOND AMENDED
CESSITY BY ADDING TIlE LAKEVIEW )CERTIFICATE NO.254
EXCHANGE IN BONNER COUNTY,IDAHO )
IT IS HEREBY CERTIFIED that the present and future public
convenience and necessity requires and will require Midvale Telephone
Exchange,Incorporated,an Idaho Corporation,its successors and assigns to own,
hold,construct,or otherwise to acquire and to maintain and to operate facilities
for the provision of telecommunications services to that certain territory known
as the Lakeview Exchange in Bonner County,Idaho.This area is legally
described as follows:
Begmning at the approximate midpoint of Lake Pend Oreille
and the Boise Meridian also known as the NW corner of
Section 6,T55N,R1E;
Thence proceeding East to the NW corner of Section 5,T55N,
R1E;
Thence proceeding South to the 11th Standard Parallel North
at the SE corner of Section 31,T53N,R1E;
Thence proceeding West to the SW corner of Section 36,T53N,
R2W;
Thence proceeding North to the midpoint of Lake Pend
Orielle;and
Thence following a meandering course northerly along the
midpoint of Lake Pend Orielle to the point of beginning.
The Company may exercise all rights and privileges which have been
granted to Midvale,or which may hereafter be granted to Midvale,its successors
and assigns by any franchise or permit conferred or which may hereafter be
conferred upon Midvale by any city or village,or by Bonner County,or by the
state of Idaho,or by any political subdivision in the area set out above.
SECOND AMENDED -1-
CERTIFICATE NO.254
This Second Amended Certificate is predicated upon and issued
pursuant to the findings and provisions of Order No.23100 dated April 27,1990
in Case No.MID-T-89-2.
DONE by Order of the Idaho Public Utilities Commission at Boise,
Idaho,this?-’day of July 1992.
Id
HA H.SMITH,PRESIDENT
RALPH LSON,COMMISSIONER
AVI’EST:
MYThNA J.WALTERS,SECRETARY
DH:jr/O-1796
SECOND AMENDED -2-
CERTU?ICATE NO.254
MEMORANDUM
TO:CONLEY WARD
JIJDYHOLCOMEE
LANEWILLIAMS
VIA FACSIMILE
FROM:DON HOWELL
DATE:JULY 16,1992
RE:LEGAL DESCRIPTION FOR THE LAKEVIEW EXCHANGE
Given the fact that Midvale is already providing service to its Lakeview
Exchange,the Commission would like to publish the amended Certificate of
Public Convenience and Necessity to cover this area.Enclosed for your review is
a reworked legal description of the Lakeview exchange to correspond to the
attached Lakeview map.
Pursuant to my conversations with all of you,it appears that one source
of our confusion is the fact that Township 53N.,Range 1 West only contains 30
sections.As indicated on the Lakeview exchange map,I have numbered the
sections.The western boundary of the Lakeview exchange abuts GTE
Northwest’s eastern boundary of its Bayview exchange.
If the legal description meets with your approval,the Commission will
issue the amended Certificate on July 23,1992.Call me at 334-0312 if you
concur in the description.
Donald L.Howell,II
DH:jrIM-33 12
-1-
EXCHANGE
-N
tAiEVIEW
A ALSAKER BURKE LAW OF CES
REBECCA W.ARNOLD GIVENS,PURSLEY,WEBB &HUNTLEYi.RANDOLPH AYRE*
JOSEPH H.BAIIO SUITE 200,0AR’c PLACE A5 A,‘CLURE
NANCY A,BASKIN “CO SECHRISTOPHER,BEESON 277 NO,6TH STREET U
JOANN C.BUTLER PQ5T OFF CE BOX 2720
MICHAEL C.CREAMER I’)
EFFREY C,EREDAY BOISE,IDAHO 83701 U c 9 LPONE
ALAN R GARDNER ‘48 I42’657I
RAYMOND 0.DIVENS
JUDI”H K.HOLCOMBE
ROBERT C.HUN ILEY,,,R,
DAVID S.,0MBARDI ‘‘F’ACSIMLE
KENNE’H S.MCCLURE 0Y081 343-9492
CHRIS”OPHER H.MEYER 208)342 8920
L.EDWARD MILLER
OK J.MIL..ES
rERRY L.MYERS
STEVEN L.OLSEN
KENNETH ,,,.PJRSLE’
M CHAEL T.SWNK
WARD JuR 1’1992JAYL.WEBB
STEPHANE C.WESTERMEIER
%r-,
&.%AS1NCTON,0 C.
Donald L.Howell,II
Deputy Attorney General
Idaho Public Utilities Commission
472 W.Washington Street
Statehouse Mail
Boise,ID 83720-6000
RE:Lakeview Exchange
Dear Don:
This would make a pretty good Laurel &Hardy routine.We have now had
about half a dozen legal descriptions of the Lakeview exchange prepared by different
parties.I have submitted each one to our resident expert.Judy Holcomb,and her
response each time has been,“No.that’s not quite right either.”In the meantime,she
was unable to prepare one herself because I failed to include a copy of the original
Midvale/GTE order in the file I gave her.
Your latest draft arrived just as I was digging out the original order for Judy.
She confirms that your description is accurate,albeit for the wrong reasons,so to
speak.As I understand it,the confusion arises from the happenstance that the exchange
is located in one of those areas where section numbers are disrupted by the convenience
of longitude lines.According to Judy,the numbering you have for T53N is also in
error but,either due to a happy coincidence or remarkable ingenuity on your part,the
section numbers actually cited in your description are correct.Thus the description
(but not the accompanying map)is appropriate.
I can furnish you with Judy’s analysis of the proper section numbers if you wish,
but it doesn’t appear necessary.Otherwise I will leave you the enviable task of
explaining the confusion in crystal-clear fashion at the decision meeting.I would love
•t.i I
0’
Donald L.Howell
July 17,1992
Page2
to be there to assist you.but I am sure I will have an unavoidable conflict no matter
when it occurs.
Sincerely yours,
Conley Ward
CWIjbg
cc:Judy K.Holcomb,Esq.
Mr.Lane Williams