20161102Motion.pdf

SEAN COSTELLO
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
472 WEST WASHINGTON STREET
PO BOX 83720
BOISE, ID 83720-0074
Idaho Bar No. 8743
Tele: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorney for Commission Staff
RECE IVE D
2016 ~JO\' -2 AM 9: 39
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION ) CASE NO. PRI-T-10-01
OF PRIEST RIVER TELECOM, LLC FOR )
A CERTIFICCATE OF PUBLIC )
CONVENIENCE AND NECESSITY TO ) MOTION OF COMMISSION
PROVIDE LOCAL EXCHANGE SERVICES ) STAFF TO DISMISS FOR
WITHIN THE STATE OF IDAHO. ) MOOTNESS
------------)
COMES NOW the Staff of the Idaho Public Utilities Commission by and through its
attorneys, and in accordance with Rule of Procedure of the Idaho Public Utilities Commission 56
(Rule 56) and Rule 256, hereby moves the Commission for an Order dismissing this case without
prejudice because it has become moot. See IDAPA 31.01.01.056.03 and 31.01.01.256. The
basis for this Motion is as follows:
BACKGROUND
On March 25, 2010, Priest River Telecom, LLC (Priest River or the Company)
applied to become a competitive local exchange carrier (CLEC) in Idaho and obtain a Certificate
of Public Necessity (CPCN). See IDAPA 31.01.01.114 (Rule 114). At that time Priest River
was effectively incorporated through the Idaho Secretary of State's office.
In its Application, the Company included an income statement and balance sheet
from 2009, as well as a model tariff and price list. However, Commission Staff determined that
the Application was incomplete and the illustrative tariff deficient under Rule 114. Therefore,
Staff attempted to communicate with the Company's owner and managing member, Corey
George. Mr. George has been uncommunicative and all subsequent and recent attempts at
STAFF'S MOTION TO DISMISS 1
contact have failed and, as a result, there has been no activity related to the case for
approximately five years.
The Company last filed an Annual Report with the Idaho Secretary of State's office
on March 24, 2010. The Company was administratively dissolved by the Idaho Secretary of
State on April 11 , 2011 , after not filing proper reports and is not legally registered to do business
in Idaho.
ARGUMENT
A case is "moot when 'the issues presented are no longer live or the parties lack a
legally cognizable interest in the outcome."' Idaho Sch. For Equal Educ. Opportunity v. Idaho
State Ed. Of Educ., 128 Idaho 276, 281, 912 P.2d 644, 649 (1996) (quoting Bradshaw v. State,
120 Idaho 429,432, 816 P.2d 989 (1991).
Priest River's CLEC Application was insufficient in its original form and is now over
five years old and contains outdated and insufficient information which has left the case docket
in an inactive status for much of that time. Further, the Company is no longer a registered, active
business association in Idaho. Finally, any and all attempts at contacting the Company have
failed.
As a result of the Company's lack ofresponse to Staff inquiries, the age and inactivity
of the case and the administrative dissolution of the Company, there is no need for the
Commission to further consider the Company's pending CLEC Application.
PRAYER FOR RELIEF
For the foregoing reasons, Commission Staff asks the Commission for an Order
dismissing this case without prejudice on the grounds that it has become moot.
Respectfully submitted this 2nd day of November 2016.
Sean Costello
Deputy Attorney General
N:PRI-T-10-01 sc Motion to Dismiss
STAFF'S MOTION TO DISMISS 2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 2nd DAY OFNOVEMBER2016,
SERVED THE FOREGOING MOTION OF COMMISSION STAFF TO DISMISS FOR
MOOTNESS, IN CASE NO. PRI-T-10-01, BY MAILING A COPY THEREOF,
POSTAGE PREPAID, TO THE FOLLOWING:
Corey George
Priest River Telecom, LLC
312 61h Street
Priest River, ID 83856
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SECRETARY
CERTIFICATE OF SERVICE