20011119Joint Application.pdf

JOINT APPLICATION OF
POTLATCH AND TROY TELEPHONE COMPANIES - 1 BOI_MT1:368567.1
Morgan W. Richards, ISB No. 1913
MOFFATT, THOMAS, BARRETT, ROCK &
FIELDS, CHARTERED
101 S. Capitol Boulevard, 10th Floor
Post Office Box 829
Boise, Idaho 83701
Telephone: [phone]
Facsimile: [phone]
Attorneys for Potlatch Telephone Company, Inc.
and Troy Telephone Company, Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE )
APPLICATION OF POTLATCH )
TELEPHONE COMPANY, INC. AND )Case No.
TROY TELEPHONE COMPANY, INC.)
FOR AUTHORITY TO MERGE INTO )JOINT APPLICATION OF
A SINGLE CORPORATION AND FOR )POTLATCH AND TROY TELEPHONE
AN AMENDED CERTIFICATE OF )COMPANIES
PUBLIC CONVENIENCE AND )
NECESSITY.)
)
COME NOW Potlatch Telephone Company, Inc. and Troy Telephone Company
Inc. (collectively “Applicants”), Idaho Corporations with a general office located at 702 East
Main, Post Office Box 138, Kendrick, Idaho 83537, by and through their undersigned counsel,
and hereby request authority from the Idaho Public Utilities Commission (“Commission”),
pursuant to Idaho Code Sections 61-302, 61-526, 61-528, and 62-615 to merge Troy Telephone
Company, Inc. into Potlatch Telephone Company, Inc., effective January 1, 2002. Applicants
JOINT APPLICATION OF
POTLATCH AND TROY TELEPHONE COMPANIES - 2 BOI_MT1:368567.1
respectfully request that the Potlatch Telephone Company’s Amended Certificate of Public
Convenience and Necessity No. 263 be further amended to reflect the addition of Troy
Telephone Company’s Amended Certificate of Public Convenience and Necessity No. 201. The
proposed merger of the two companies into a single corporation does not include a proposed
change in rates for the customers of Applicants.
In support of this application, Applicants states as follows:
I.
Applicants are telecommunications corporations and public utilities engaged in
the provision of telecommunication services within the State of Idaho under authority of
Amended Commission Certificate of Public Convenience and Necessity Nos. 263 and 201. See
Exhibit “A” attached hereto. The Commission has regulatory jurisdiction pursuant to Title 61,
Idaho Code. The Commission has jurisdiction over the transfer of telephone exchanges pursuant
to Idaho Code Sections 61-302, 61-526, 61-528, and 62-615.
II.
Applicants are authorized to engage in and are now engaged in the furnishing of
general telephone service in Kendrick, Julietta, and Troy, Idaho and the immediate surrounding
areas. The local exchange and intrastate service offered by the Applicants in Idaho are furnished
subject to the jurisdiction of the Idaho Public Utilities Commission.
III.
Potlatch Telephone Company, Inc. shall be the surviving corporation following
the merger effective January 1, 2002. The Agreement and Plan of Merger to be adopted by the
Board of Directors of Potlatch and Troy by unanimous written consent is attached as Exhibit “B.”
JOINT APPLICATION OF
POTLATCH AND TROY TELEPHONE COMPANIES - 3 BOI_MT1:368567.1
IV.
The merger of the two corporations will not impact the day to day operations or
services provided by the Applicants. While Potlatch Telephone Company will assume official
control and responsibility for providing local exchange service within the exchange areas on
January 1, 2002, the Applicants’ operations have been operating from the Kendrick office for
several years. This merger will reduce the administrative requirements of the two companies.
V.
The Applicants will prepare individual Annual Public Utilities Commission
reports for the year ended 2001 and a single Annual Public Utilities Commission report for the
year ended 2002 forward.
VI.
Effective January 1, 2002, the Applicants request authority for Potlatch to
continue to apply the Troy Telephone Company rates and tariff provisions to the former Troy
exchange areas indefinitely. Potlatch will apply for authority to combine the Potlatch and Troy
tariff provisions, other than rates, into a single coherent tariff in the first half of 2002. Attached
as Exhibit “C” is an outline of the tariff Potlatch expects to file. Combining the two tariffs
should reduce the number of tariff updates for the Applicants in the future.
VII.
The public interest does not require a hearing on this application and Applicants
therefore requests this matter be handled without hearing pursuant to Rule 23 of the
Commission’s Rules of Practice and Procedure. If a hearing is necessary, Applicants stand ready
for, and respectfully requests, an immediate hearing.
JOINT APPLICATION OF
POTLATCH AND TROY TELEPHONE COMPANIES - 4 BOI_MT1:368567.1
VIII.
Applicants have notified their end users and access customers of the proposed
merger pursuant to the notice attached as Exhibit “D.”
WHEREFORE, Applicants respectfully petitions the Idaho Public Utilities
Commission as follows:
1.That the proposed Plan of Merger submitted as Exhibit “B” be approved
and made effective by the Commission as of January 1, 2002.
2.That the Commission grant Potlatch Telephone Company an amended
Certificate of Public Convenience and Necessity which reflects authority to serve all of the areas
described in the Exhibit “A” Certificates.
3.That the Commission grant Potlatch Telephone Company authority to
continue to apply the Troy Telephone Company rates and tariffs to the Troy Telephone Company
exchange areas until such time as the tariffs are amended.
4.That this application be heard and acted upon without hearing under
modified procedure; and
5.For such other relief as the Commission may determine proper herein.
DATED this _________ day of November, 2001.
MOFFATT, THOMAS, BARRETT, ROCK
& FIELDS, CHARTERED
By
Morgan W. Richards
Attorneys for Potlatch Telephone Company, Inc.
and Troy Telephone Company, Inc.
JOINT APPLICATION OF
POTLATCH AND TROY TELEPHONE COMPANIES - 5 BOI_MT1:368567.1
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this _____ day of ____________, 2001, I caused to
be served a true copy of the foregoing JOINT APPLICATION OF POTLATCH AND TROY
TELEPHONE COMPANIES by the method indicated below.
Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472 West Washington
Post Office Box 83720
Boise, Idaho 83720
Fax: [phone]
( ) U.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
( ) Facsimile
Morgan W. Richards
EXHIBIT “D”BOI_MT1:368567.1
EXHIBIT “D”
The following bill message appear on the Potlatch and Troy CABS bills for the
October cycle 28:
TDS TELECOM Requests Potlatch and Troy Merger
TDS TELECOM will file a request with the Idaho Public Utilities Commission in
early November 2001, to combine their Potlatch and Troy companies. The proposed merger will
have no impact on rates/services or changes in day-to-day operations. Customers may send
written comments to ID PUC, P.O. Box 83720, Boise, ID 83720-0074 or by visiting
www.puc.state.id.us. All comments must be received in writing.