CPCN Files_1.pdf

_J &OHE THE; PUBLIC UTILITIES 1... ILISSION OF
THEE STATE OF IDAHO
IN THE NATTER OF THE APPLICATION OF )
IDAHO POWER CO(:PANY FOR A CEERTIFICATE ) CASE NO. F-1368
OF CONVE-NIENCE AND NE"CLSSITY COVERING )
NEla' y INCO-,PO LTED C01-d',"HM ITIES IN ) Ol-DER NO. 1916
A 1E.'�_S ALREADY SEFVED. )
The above entitled matter coming on to be heard before
the Commission, notice thereof being deemed by the Commission not
to be required in view of the provisions of law requiring the ob-
taining of franchises or permissions from governing bodies of
municipalities comprised of persons who might or could be affected
and it appearing that under and by virtue of Chapter 3, Idaho
Session Laves of 1947, various areas within the State of Idaho have
become or will likely become incorporated areas, and it also
appearing that the applicant possesses Certificates of Convenience
and -NTecessity in all counties of Idaho in which it operates as a
public utility, to wit, Ada, Adams, Bannock, Bingham, Blaine,
Boise, Camas, Canyon, Cassia, Elmore, Gem, Gooding, Idaho, Jerome,
Lemhi, Lincoln, Ilinnidoka, Oneida, Owyhee, Payette, Power, Twin
Falls, Valley, and '�+ashington Counties, and since the enactment
of such legislation, Leadore in Lemhi County, Bliss in Gooding
County, Ketchum and Sun Valley in Blaine County, and Horseshoe
Bend in Boise County have become such incorporated communities,
and other places and areas in such counties are now proceeding
or hereafter are likely to proceed to complete organization as
such incorporated communities, and that the applicant will take
required steps to obtain franchises from such incorporated com-
munities, and it having been determined heretofore that the said
certificates should cover areas now or hereafter to be included
within the boundaries of the respective incorporated communities,
and it further appearing that provision should be made so that pr,
Terence or discrimination shall not be accorded any utility holdir,
certificate of like nature and authority in any area;

IT -S ORDERED AND DETMYTINED, tY the Certificates of
Public Convenience and Necessity so issued to Idaho Power Company
to operate as such public utility in the counties set forth in the
preamble hereof be held to include all incorporated communities
within the boundaries of the respective counties, now existing or
hereafter to be incorporated, with the same force and effect as if
each such incorporated community were particularly named herein,
including the incorporated communities named in the 1x eamble hereof,
provided, however, that this order shall' be construed as amendment
of such certificates to include such incorporated communities, but
shall in no manner adjudge or determine any matter or requirement
under any such certificate of convenience and necessity other than
the inclusion of any such incorporated community to have been here-
tofore within a county, and provided that the utility will be re-
quired to obtain franchise from such incorporated corrr,iunity, for
which purpose this order shall be construed as the authority and
approval of this commission.
Done at Doise, Idaho, in the office of the Commission
this 5th day of September, 1947.
Fresil ent �-
Commis ' ner
Commis sioner
Sec etary
re

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF IDAHO
In the Matter of the Application of )
Idaho Power Company for a Certificate ) CASE NO F-1345
of Convenience and Necessity in the )
Incorporated Communities of Idaho City ) CERTIFICI_TE NO 183
and Placerville (Boise County) , Idaho, )
Dietrich (Lincoln County) , Idaho, and )
Inkom (Bannock County) Idaho. )
IT IS HEREBY CERTIFIED, That the Public convenience and necessity
requires, and will require, Idaho Power Company, a corporation, its successors
and assigns, to maintain and operate a general electric system for the supply-
ing of electricity and electric service for light, heat, power and other pur-
poses in the communities of Idaho City and Placerville, in Boise County, Dietrich,
in Lincoln_ Cc'.;nty, cnd Inkom, in Bannock County, in the State of Idaho, and to the
inhabitants thereof, end to exercise the rights and privileges contained in
franchises granted, or -ih=hich may hereafter be granted or conferred upon applicant
by franchises in and by said communities, or either-of then.
This Certificate is predicated upon and issued pursuant to the findings
and order of this Commission in the above entitled matter made and entered on
the a_ day of , 1946, to which reference is hereby nude.
Dated at Boise, Idaho, this and day of December , 1946.
Pre ident_)Ma�
ormissioners.
`TTES .
Secret.

i
BEFORE THE PUBLIC UTILITIES COMMISSION
QF THr; STALTE OF IDAHO
OF iDi4► o POWER CCMPAXY FOR A ) C V)E: NO. P-1326
CZ. TIFICATE OF OONYiu.N,I0CE AND
N""C"E'SSITY IN Ci11-1'IdDA "OUNriY (-'r EMT � OUTTFTCATE NO. ,.5©
ERLY PORTION) , IN ailE
I DANC. )
IT IS HZX'ZDY that the publia aonverienae
and necessity require, anti will rewire, that Icahn 1'ower
Company, a corporation, its successors and assigns, construct,
own, maintain, and operate electric rural distribution ?1nesss
and service extensions therefrom southerly From its inter—
oonnected system tc certain farming areas in the northern
portion of Oneida Counter, IlAho, said arai s being I=Ated
particularly in Township 13 South, Rana?e 31 Rst; Township
13 south, sane 32 East; Township 13 South, Rnns>;e 33. east;
pnd Toi-mship 12 `south, Range 33 East, Boise Meridian, and
to supply electric, service in said areas; and that said
Idaho Power Company, its oucoasssors and assigns, exercise
the rights and privileges tha;.t have been, or may hereafter
wa, granted by any franchise or franoh!ses covering said
distribution lines and earvioe in Oneida County, Iclaho,
which have been, or may hernAfter be, issued to sa14 Idaho
Pourer Company, iti suaaaasorq and rvvi gnH, by '-1 , ('ozznty
of Oneida, :3tate of Idaho, the exercise of such rights and
privileges under ?uah franch'l.een to hp-rev�r, subjf)at
to the rules, orders and oontrol of this CoraAasion as to
rntes, service and facilities.

This certificate is predioated upon and -issued
pursuant to the findings and order of this Cos mission in
the above entitled matter, made and entered on the 17th
day of October, 1945, to which reference to hereby made.
Done in open se$eton at Braise, I4aho, this
17th day of October, 1945.
"JBLSC UTILITIES COMPI 8IOPd OrII AiIO
�Ys
_ resident
Qomzle9 oner
W. B. JQY
Q= ssioner
f cret"_*'y

I
Bmw zm PQBLIG T7TILITIEB oommi5SI0N OF TE[z STA7- OF Imxo
In the Matter of the Application )
of Idaho Power Company for a ) CASE N0. 7-1321
Certificate of Convenience and )
Necessity in Idaho County (south ) CERTIFICATE N0. 177
county line-Riggins area), in the )
State of Idaho. )
IT IS R-20 Y CERTIFIED that the public convenience and necessity
require, and Will require, that Idaho Power Company, a corporation, its
successors and assigns, construct, own, maintain, and operate an electric
power line, distribution system and incidental facilities, together with
services and service extensions therefrom, from its interconnected system at
or near New Meadows in Adams County, Idaho, in a northerly direction, generally
following the route of the North and South Highway, along the Little Salmon
River, through Adams and Idaho Counties, to the community of Riggins and areas
contiguous thereto, in Idaho County, Idaho, and to supply electric service in
said areas; and that said Idaho Power Company, its successors and assigns,
k
exercise the rights and privileges that have been, or may hereafter be,granted
t1y any franchise or franchises covering said transmission line and service in
Idaho County, Idaho, which have been, or may hereafter be, issued to said Idaho
Power Company, its successors and assigns, by said County of Idaho, State of
Idaho, the exercise of such rights and privileges under such franchises to be,
however, subject to the rules, orders and control of this Commission as to
rates, service and facilities.
This certificate is predicated upon and issued pursuant to the findings
and order of this Commission in the above entitled matter, made and entered on
the 2nd day of June, 1945, to which reference is hereby made.
Done in open session at Boise, Idaho, this 2nd day of June, 1945.
J. W. GORM LL
President
B. AUM
W. B. JOY
Commissioners
LQU ISE BRYANT
Secretary

BEFORE THh,._JBLIC UTILITIES COI�ZaSSION OF 1_ STATE OF IDAHO
In the Matter of the Application of )
IDAHO POWER COMPANY for a Certificate )
of Convenience and Necessity in the ) CASE NO. F-1311
Counties of Adams, Blaine, Camas and )
Valley, State of Idaho, and in the ) CERTIFICATE NO. 174
Communities of Cambridge, Council, )
Midvale, Cascade, McCall, New Meadows, )
Bellevue, Fairfield, Hailey and Rich- )
field. )
IT IS HEREBY CERTIFIED, That the public convenience and necessity
requires, and will require, the Idaho Power Company, a corporation, its
successors and assigns, to maintain and operate ageneral electric system for
the supplying of electricity and electric service for light, heat, power and
other purposes in the Counties of Adams, Blaine, Camas and Valley, in the State
of Idaho, and in the communities of Council and New Meadows, in said Adams
County; Bellevue and Hailey, in said Blaine County; Fairfield in said Camas
County; Richfield, in Lincoln County; Cascade and McCall in said Valley County;
and Cambridge and Midvale, in Washington County, and to the inhabitants thereof,
and to exercise the rights and privileges contained in franchises granted to
West Coast Power Company from said counties and municipalities, and which may
be assigned and transferred to applicant, and to exercise the rights, and
privileges granted, or which may hereafter be granted by franchises conferred,
or to be conferred, upon applicant by the said counties and municipalities, or
any of them.
This Certificate is predicated upon and issued pursuant to the findings
and order of this Commission in the above entitled matter made and entered on
the 30th day of June, 1944, to which reference is hereby made.
DONE AT BOISE, IDAHO, this 30th day of June, A. D. 1944.
/ president.
ATTEST:
Commissioners.

BEFORE THE PUBLIC UTILITIES COMaSSION OF THE STATE OF IDAHO
In the Matter of the Application )
of Idaho Power Company for a ) CASE NO. P-1295
Certificate of Convenience and )
`necessity in Valley County (Stibnite ) CERTIFICATE NO.
173
Area), in the State of Idaho. )
IT IS HEREBY CERTIFIED that the public convenience and necessity
require, and will require, that Idaho Power Company, a corporation, its
successors and assigns, construct, own, maintain, and operate a high voltage
transmission line extending from its inter-connected system at a point near
Emmett, in Gem County, in a northerly and northeasterly direction, a distance
of approximately 110 miles through Gem and Valley counties to the so-called
Stibnite Mining Area in Valley County, Idaho, and supply electric service in
said area; and that said Idaho Power Company, its successors and assigns,
exercise the rights and privileges that have been, or may hereafter be, granted
by any franchise or franchises covering said transmission line and service in
Valley County, Idaho, which have been, or may hereafter be, issued to said
Idaho Power Company, its successors and assigns, by said County of Valley,
State of Idaho, the exercise of such rights and privileges under such franchises
to be, however, subject to the rules, orders and control- of this Commission
as to rates, service and facilities.
This certificate is predicated upon and issued pursuant to the findings
and order of this Commission in the above entitled matter, made and entered on
the _ day of May, 1943, to which reference is hereby made.
Done in open session at Boise, Idaho, this �� day of Kay, 1943•
President.
(SEAL)
dommisaio a.
ATTESTt
r�
Secret .

BEFORE THE PUBLIC UTILITIES COI&ISSION OF THE STATE OF IDAHO
IN THE MATTER OF TH E. APPLICATION OF }
IffEST CO.�.ST PO7,"'ER C Or1PANY, ,l CORPORA- )
TION, FOR A CERTIFICATE OF CONVEN- ) C1i-,SE NO. F 1278
IENCE AND NECESSITY IN THE COUNTY OF )
ADAMS, STATE OF IDAHO, INCLUDING THE ) 172
MUNICIPALITIES THEREIN, BOTH INCOR- } Cr3:TIFICATE NO.
PORATED AND UNINCORPOF-ZED, AS SET )
FORTH IN THF, APPL I C cT I ON. )
IT IS HEREBY CERTIFIED, That the present and future public
convenience and necessity require, and will require, 'west Coast
Power Company, a corporation, its successors and assigns, to con-
struct , maintain and operate a general electrical system for the
furnishing and supplying of electric power and energy within the
territorial limits of said County of Adams , as outlined and de-
scribed on "Exhibit All to said application snd hereto attached,
and to any municipalities now or hereafter situated therein, and
to the residents and inhabitants thereof , for light, heat, power
and other purposes, and to exercise all of the rights and privi-
leges which have been granted to said West Coast Power Company,
a corporation, and its respective predecessors in interest, or
which may hereafter be granted to said '.Pest Coast Power Company,
a corporation, its successors and assigns, by any franchise or
franchises conferred on said Nest Coast Power Company , a corpora-
tion, and its predecessors in interest , or hereafter conferred
upon said lest Coast Power Company, a corporation, its successors
and assigns by the said County of s�dams, and/or by any of the
municipalities now or hereafter situated therein, rind/or by the
State of Idaho , or by any political subdivision thereof.
1

This certificate is predicated upon and issued pursuant to
the findings and order of this Commission in the above entitled
matter, made and entered on this :20th day of Aug., A. D. 19429
to which said order reference is hereby made.
DONE IN OPEN SESSION in Boise City, Ada County, Idaho, this
20th day of Aug. , A.D. 1942.
M. REESE 1LkTTABAJGH
R. H. YOUNG
J. VV . C ORNEELL
Commissioners.
ATTEST:
7.1. B. JCY
Secretary.

a
a
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF IDAHO s
i
ITT THE MATTER OF 'MF. t"PLICATION OF )
ALTi:.A F. MCCULLY AND R iROLD G. IRICK, )
CO-QViNERS DOING BUSI� !ESS UN'i-R TI{'t
TIU0E N.IAIE AND STYLE OF "MEAIDO'43S } CASE iio. F-
LIGHT f
LIGHT AND POPdI,:R CONUDANY" , AND ?F-ST )
CO<k:.aT P11j'W .R CU F,"'ZIN 1, A CORPORATION, )
FOR A CERTIFICATE OF CO-Wt�N,IIENCE ) CERTIFICATE NO. ) 2L�
f':N7) NECESSITY IN TEL CODUrY JF
STATE OF 1DAR09 INCLUDING THE MUNICI- )
P.,LITI S THER: IN , ROTIT INCORPORATED )
.+NU UNINCORPOR-,TI'D, AS SET FORTH IN )
LTC.:TI� N. }
IT IS HZREBY CERTIFIED, That the present and future pub-
lic convenience and necessity require , and will require, altha
F. McCully, a widow, and Harold G. Irick, doing business under
the trade name and style of "Meadows Light and Power Company" , and
West Coast Power Company, a corporation, and each of them, and
their successors and assigns, to construct, maintain and operate
a general electrical system for the furnishing and supplying of
electric power and energy within the territorial limits of said
County of Adams, as outlined and described on "Exhibit I." to said
application bLnd hereto attached, and to any municipalities now or
hereafter situated therein, and to the residents and inhabitants
thereof, for light, heat, power and other purposes, and to exer-
cise all of the rights and privileges which have been granted to
said Altha F. McCully) a widow, and Harold G. Irick, doing busi-
ness under the trade name and style of "Meadows Light and Power
Company," , and/or to West Coast Power Company, a corporation, and
their respective predecessors in interest, or which may hereaf-
ter be granted to said Altha F. McCully, a widow, and Harold G.
Irick, doing business under the trade name and style of "Meadows
Light and Power Company" , and/or to West Coast Power Company a
corporation, their successors and assigns , by any franchise or
franchises conferred on said Altha F. McCully, a widow, and
-1-

Harold G. Irick, doing business under the trade name and style
of "Meadows Light and Power Company" , and/or Vest Coast Power
Company, a corporation, and their predecessors in interest, or
hereafter conferred upon said Altha F. McCully, a widow, and
Harold G. Irick, doing business under the trade name and style of
"Meadows Light and Power Company" , and/or west Coast Power Com-
pany, a corporation, their successors and assigns, by the said
County of Adams, and/or by any of the municipalities now or here-
after situated therein, end/or by the State of Idaho, or by any
political subdivision thereof.
This certificate is predicated upon and issued pursuant to
the findings and order of this Commission in the above entitled
matter, made and entered on this day of August, A.D. 19419
to which said order reference is hereby made.
DONE IN OPEN SESSION in Boise City, Ada County, Idaho, this
aday of August, A.D. 1941.
ca ,
ATTESTS
// V1�
i
S60iretAry. Commissioners.
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BEFORE T16DIE EUBLIC UTILITIES COLMI SION OF TEE SVZE OF IDAHO
In the Matter of the Application of )
Idaho Poorer Company for a Certificate ) CASE NO. F-1240
of Coirrenience and necessity in the )
Village of Narsing, Owyhee County, ) CEfmZ GATE CIO. 169
Idaho. )
IT IS rAMY CERTIFID, That the public convenience and necessity
requires, and will require, the Idaho Power Company, a eor_,oration, its
successors and assigma, to construct, maintain and operate a Feneral electri-
cal system for the supplying of electricity for light, heat, power and other
purposes to the Village of Massing, Owyhee Cotmty, Idaho, and to the inhabitants
thereof, and to exercise the rights and privileges t.at have been or may here-
after be, issued to the Idaho Power Company, its successors and assigns, by the
said Village of karsingi Owyhee County, Idaho.
TLIS CERTIFIC.02 is predicated upon and issued ursuant to the
findings and order of this Commission in the above entitled matter :jade and
entered on the filth day of June A. D. 1941, to which
reference is hereby made.
DONE 11-1 OFIN 626SION at Boise, Idahos this 11t.4 day of -Tune ,
t".D., 1941
-1tAAJ
R. H. Young

BARE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF IDAHO
In the Matter of the Application of )
Idaho Pourer Company for a Certificate ) CASI NO. F-1239
of Convenience and Necessity in the
Village of Castleford, Twin Falls County, ) CEMFICATE NO. 167
Idaho. }
IT IS MMMY C$EM71EDO That the public convenience and necessity
requires, and will require,, the Idaho Power Company, a corporation, its
,successors and assigns, to constrict, maintain and operate a general elemtri-
cal system for the supplying of electricity for light, heat, power and other
purposes to the Village of Castleford, Twin Falls County, Idaho,, and to the
inhabitants thereof, and to exercise the rights and privileges that have
been, or may hereafter he, iasued to the Idaho Power Company, its successors
and assigns, by the said Village of Castleford, Twin Falls County, Idaho.
TM CMMFICATS is predicated upon and issued pursuant to the
findings and order of this Couvission in the above entitled matter made
and entered on the o� day of �k A.D. 1941, to which
reference is hereby made.
DQNE IN OPEff SESSION at Boise, Idaho, tits `Z ` day of
A.D., 1941.
ATTEST: ►�r
Commissioners.
r
Seeretaryf

BUQRX THE FgaUC UTUITIF.S COkUISSION OF THE STATE OF IDAHO
In the Matter of the Application of )
Idaho Power Coiapany for a Certificate � CASE NO. F-1239
of Convenience and Necessity in the
pillage of Castleford, ?sin ?ally County, ) CjRMIcATB No, 167
Idaho, )
IT IS NAY,CXi TIFIXD0 That the public 4mmentence and aecossity
requires, and will require* the Idaba Pgwer Company, a corporation, its
successor* and asqigAma to oonstvuatt maintein and operate a general *Jestri-
sui `systex for the supplyIag of alestrisity for light, boat,, power and other
purposed to the Ti4ago of Castleferd# twin Falls County: Idaho, and to the
inkm itants thereof, and to exercise the rij;hta and pr vileges that have
beam;, or mny bereaner #e, ieaued to to ldaho Power Company, it# susoessors
and assi u*p by the said Tillage of Castlsfgrd,* Twia Falls County„ Idaho►
THIS CXiFTG= is prodicatod upon ead issued pursuant to the
findings and order of dale Comissioe in the above entitled matter made
and entered on the day of� A.D. 19410 to which
reference is hereby made.
Wax IN OP IN SESSION at Boise, Idaho, this � `Z C4 day of I v�
A.D., 1941.
VlD ,
4TT=I - rr
�rrf, ��' Cos�.ziaeioxere.
Secretary/ T

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF IDAHO
In the Matter of the Application of ) �'
Idaho Power Company for a Certificate ) CASE N0. F-1 239
of Convenience and Necessity in the )
Village of Castleford, Twin Falls County, ) ORDER NO. 1 749
Idaho. )
The Idaho Power Company, a corporation, on the 22nd day of May, 1941
filed with the Public Utilities Commission of the State of Idaho its duly veri-
fied application for a certificate of convenience and necessity, stating in
substance that the present and future public convenience and necessity re-
quires, and will require, that the Idaho Power Company furnish to the Village
of Castleford, Twin Falls County, Idaho, and the inhabitants thereof, elec-
tricity :for light, heat, power and other purposes, and for the exercise by
said Company of the rights and privileges which have been, or may hereafter
be granted to it, by franchise or franchises from said village, permitting
the construction, maintenance and operation within the said village of a
general electrical system for the purposes above set forth.
The above entitled matter came on regularly for hearing at 10:00
o'clock A. M. May 29, 1941, at the office of the Commission, in the State
Capitol, Boise, Idaho. Whereupon said hearing was continued until 2:00
o'clock P. M. of said day. At said hearing A. C. Inman and W. E. Sullivan
appeared as attorneys for the applicant and submitted evidence in behalf of
its said application.
Upon evidence and the verified application, the Commission finds:
1. That the applicant, Idaho Power Company, is a public service
corporation organized under the laws of the State of Blaine and authorized
to do business in the State of Idaho by reason of having complied with the
laws of the State of Idaho pert 4ping to foreign corporations,. with its
principal place of business at Boise, Ada County, Idaho, and is engaged in
operating a general electric system in certain districts in the State of
Idaho, included within which is the said Village of Castleford, Idaho.

2. That the said Village of Castleford, Idaho, is incorporated under the
laws of the State of Idaho as a municipal corporation, to-wit; a village, and
' is now a duly incorporated municipal corporation.
3. That on or about the 16th day of May, 1941, the Board of Trustees
of the Village of Castleford, Idaho, instructed the Chairman of said Board to
advise this Commission "that the Village of Castleford consents to the granting
of a certificate of convenience and necessity to Idaho Power Company covering
the Village," and said consent was transmitted by said Chairman tinder the seal
of said Village by letter from William Rosencrantz, Chairman of Board of Trustees
of the Village of Castleford, Idaho.
4. That the said applicant is able financially to do the necessary
construction to render the service and to furnish the same to the Village of
Castleford, Idaho.
5. That a certified copy of the Articles of Incorporation of the Idaho
Power Company is on file in the office of this Commission.
6. That no person, corporation or association of persons, is engaged
in the business of transmitting or serving electric power or energy for light,
heat, power or other purposes in said Village or territory contiguous thereto,
and that said Village and the inhabitants thereof require said service, and
that present and future convenience requires the applicant, Idaho Power Com-
pany, to render service for light, heat, power and other purposes within the
limits of said Village of Castleford, Idaho, and that the situation requires
a certificate of convenience and necessity from this Commission.
7. That the present and future convenience of the public requires,
and will require, that the applicant, Idaho Power Company, furnish to the
Village of Castleford, Twin Falls County, Idaho, and to the inhabitants thereof,
electrical energy for light, heat, power and other purposes, and in connection
therewith to erect, extend, maintain and operate a system sufficient for such
purposes; and that said applicant be authorized to exercise such powers,
-2-

rights and privileges as have been granted, and may hereafter be granted, to
it by franchise or :franchises from said Village of Castleford, Idaho, subject,
however, to the rules, orders and control of this Commission as to service
and facilities.
IT IS, TBEREFO.REv ORDERED, That a certificate of convenience and
necessity covering the said Village of Castleford, Twin Falls County, Idaho,
be issued to the applicant herein in conformity to the findings hereof.
DONE IN OPEN SESSIQN at Boise, Idaho, this 4 day of ,
A.D., 1941.
lw6
ATTEST:
Conmtissionere.
ecru y.

BEFORD THE PUBLIC MILITIES' CO3! IUSIOM
CATION 0? ID"JIMMELLY LIGUT M CASE NO, ?-1225
P0 7;E? COM"ANY "02 C "TTFIU
or c')NMEN EWE 'A Y.,
I I'M NEC "'SSITY *T,3* la6
1*3 !"AMAE VTLLAGF, OF DONMELMLY
AND CONTMOUS TF,",RIT()RY.
IT IS T"112.3Y CMUTTVM., That the -public convenience
and necessity requires and will require Donnelly LIL&ht and
Power Companyo a public service utility, its successors or
vendee3 to construct,, maintain and op_T�rate a general electri-
Cal system for supplying electricity far light$ heat, power aad
other pur?oxes to t1he inhabitants and to the community of Don-
nelly, Valley County, Idaho# now being served by him# and more
particularly described as follows, to-vitt
Co=encing at his plant located on Zardan Street
between Main and Front Streets, in Ponnelly, IdsAo,
thence north about three-tant1ls of a r3ile to the
Harold Ax residence# east 'from said plant to the
east lino of Payette Streetg south from said
plant about one mile to the "), A. Hamilton resi-
dence, located on the seat side of Highway No. 15.*
and west from said plant about one mile to the
Earl Casey residence, end to the residents and
inhabitants thereof, for lighto heat, power and
other purpoBesa
And not to encroach or infringe on the rights, privileges and
authority heretofore given by Certificate of Convenierice and
Necessity No* 154 to "Test Coast ?;:)wer Company of Portland, Oregon,
and said Donnelly Light and Power Comp.any for Much purpove to
exercize the rights and privileges that have been given by
statute, or those which may hereaftor be given by law# and
under franchise or pf�rmtssion, of the County of Valley# to do all
things n,-cessary in constructingp maintaining and operating as
a public service utility In supplying electrical energy for

light# he&t, power and other purposes in said tillage of �ori.
nellyp Valley County, Idahas and }ender the rules and regulations
prescribed by the ?u.blic Utilities " ,,x=1s.ADn of the F;tst� .-3f
Llaha.
This certifi.c.wte is predicated upon the findings
and order made and entered this 1'2'Zrd day of December,, 1 J40a
by said public Utilities Cz)?missi In of the State of Idaho to
which reference is hereby -mad:e.
DONE Al" -DAHO, 3n this r3rd day of De cembero
1940,
Co:aat 3 S ianer
C o=i B s l o nez r
F-TS
r- J,JY

BMRE TBE ?"LIC UTILITIES C( ISSIoN OF TBE %TATE OF IDAW
In the Batter of the Application )
of Idaho Power CompW for a )
Certificate of Convenience and ) CASE NO. F-12-22
Necessity (transmission lima only) }
is the Cawatiee of Binghsar } CF IF'ICA►TF X0.101
Bonneville, Jefferson. and Cl.arko )
all in the State of Idaho. }
IT IS hWaY CERTIF'ILD that the public convenience and necessity
require, and mill require,, that Idaho Fover C4xp4!tuy, a corporation, its
anceessors and assigns, construct, ovan, maintain, and operate a high voltage
transmission line extending front a point on the Idaho-Montana. state line,
near Monida, Ilontaiaa, in a southerly direction approximately $8.5 ailes in
and through Clarlt, defferaaa, Bonneville, and Bingham Counties, is the
State of Idaho, being a aectian of a transmission ling to be constructed by
acid Idaho Power Companny, in conjunction with The Montana Poorer Company and
Utah Power & Light Company, From Anaconda, in the State of .gontana, to Grace,
Bannock Oounty, in they State of Idaho; and that said Idaho Pover Company ex-
ercise the rights and privileges that havee been, or may hereafter be, granted
by any franohise or franchises covering or including said Aaacondx-Grace
transmission lies, which have been, es:- may hereafter be, issued to said Idaho
?over Company by the said Counties of BinghEa, Bonneville.. Teffersoa, and
Clark, the exercise of such rights and privileges under suah franchises to be,
however, subject to the rules, orders, and control of this Comisission as to
service and facilities.
This rertifi.aate is predicated upon and issued purrsuaaaat to they
findings and order of Blain Co=ission in the above untitled matter, made and
entered on the 10thday of September,, 1940, to r-cich reference is hereby
made.
Done in open session at Boize, Idaho# this 10ttt day of September, 1940.
J. T. CORNELL President.
HATTABAUGH
(SEAL) B. H, YO!! nG
ATTEST: Comimsioners.
. .TOY
.secretary

BEFORE THE PUBLIC UTILITIES CO MISSION OF THE STATE OF IDAHO
In the batter of the .'%pplieation of )
.,EST COAST POZOE:R CW4PAhT7 a corpora.- ) CASE NO.
tlon, for a Certificate of Conven- )
ierce and ".eces�Tity for the Village ) CERTIFICATE N0.160
of 1.'cCall , Valley Lounty ,, Id-Aho. )
IT IS HEREBY CEFTIFILD That the present and future pub-
lic convenience and necessity require, and will require, .Vest
Coast Power Company, a corporation, its successors and assigns,
to construct, maintain aiid operate a general electrical system
for the furnishing and supplying of electrical power and energy
in the Village of McCall, Valley County, Idaho, and to the resi-
dents and inhabitants thereof, for light, heat, power and other
purposes, within the present and future territorial limits of
said village and to exercise all of the ribl-its, and privileges
which have been granted to ',Nest Coast Power Company and its
predecessors in interest, or which may hereafter be granted to
said 'pest Coast Power Company, its successors and assign$ , by
any franchise or franchises conferred on Feet Coast Power Com-
pany, and its predecessors in interest, or hereafter conferred
upon said 1:Test Coast Power Company, its successors and assigns,
by the Village of UcCa11, ' Valley County, Idaho.
This certificate is predicated upon and issued pursuant
to the findini;a and order of this Commission in the above entit-
led matter, made and entered on this 31st day of August, A.D.
1940, to which said order reference is hereby made.
DONE IN OP Ii SESSION in Boise City, Ada County, Idaho,
this 3 1 G t day of Au;6us t, A.D. 1940.
,I, 7-4 003V'UFz,I,
(:SEAL)
ATTESTc -Y♦ s • 1Jr 30
• B. JOY Commissioners
Secretary

BEFORE THE PUBLIC UTILITIES COMVISSION OF THx; STATE OF IDAHO
In the Matter of the Application )
of WEST COAST POWER COMPANY, a )
corporation, for Certificates of }
Convenience and Necessity in the ) Case No. 1215
Counties of Adams, Camas, Blaine, )
Lincoln, Valley and washingtons }
State of Idaho, including the ) CERTIFICATE NO. 154
municipalities, both incorporated )
and unincorporated, situated with- )
in each of said respective counties ,)
all as hereinafter set forth in )
this application. )
IT IS HEREBY CERTIFIED, That the present and future public
convenience and necessity require, and will require, West Coast
Power Company, a corporation, its successors and assigns, to con-
struct, maintain and operate a general electrical system for the
furnishing and supplying of electric power and energy in the
Counties of Adams, Blaine, Camas, Lincoln, Malley and Washington,
Idaho, and the municipalities now or hereafter situated in any of
said counties, and particularly the Cities of Hailey and Bellevue
(and the now disincorporated Village of Carey) , all in Blaine
County, the Village of Council in Adams County, the Village of
Fairfield in Camas County, the Village of Richfield in Lincoln
County, the Village of Cascade in Valley County and the Villages
of Cambridge and Midvale in Washington County , Idaho, and to the
residents and inhabitants thereof, for light, heat, power and
other purposes within the territorial limits of said counties and
of said municipalities, and to exercise all of the powers, rights
and privileges which have been granted to 'West Coast Power Company,
and its respective predecessors in interests or which may hereafter
be granted to said nest Coast Power Company, its successors and

assigns, by any franchise or franchises conferred on Nest Coast
Power Company and its respective predecessors in interest, or here-
after conferred upon said West Coast Power Company, its successors
and assigns, by all or any of the said counties, or by all or any
of said municipalities now or hereafter situated in any of said
counties.
This certificate is predicated upon and issued pursuant to
the findings and order of this Commission in the above entitled
matter, made and entered on this 27th day of May, A.D. 1940, to
which said order reference is hereby made.
DONE IN OPUX SESSION at Boise City, Ada County, Idaho, this
27th day of May, A.D. 1940.
J. W. COR ;ELL
Attests President.
M. REESE HATTABAUGH
W. B. JOY Commissioner
Secretary
R. H. YOUNG
C ommi ssi oner
2-

i
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF IDAHO
In the Matter of the Application of )
Ids.�,o Power Company for a Certificate ) CASE No. F-1204
of Convenience and Necessity in the )
Village of Murtaugh, Twin Falls County, } CERTIFICATE NO. 5.�._...
Idaho. )
IT IS I3F;MY CMUIED, That the public convenience and necessity
requires, and will require, the Id" Power Cc,e�Aay, a corporation, its
successors and assigns, to construct, maintain and operate a general electri-
cal system for the supplying of electricity for lights heat, >ower and other
purposes to the Village of Murtaugh, Twin Falls County, Idaho, and to the inhabi-
tants thereof, and to exercise the rights amd ,privileges that have been, or
may hereafter be, issued to the Idaho Power Company, its successors and
assigns, by the said village of Hurtaugh, Twin Falls County, Idaho.
THIS CERTIFICATE is predicated upon and issued parsuant to the
findings and order of this Oommission in the above entitled matter made
and entered on the 1Zt i day of October , A.D. 1959, to which
reference is hereby made.
DONE IN OPEN SESSION at Boise, Idaho, this 17th day of October ,
A.D., 1939.
J. T. CQUELL
M. REESE HATTIBAUGH
ATTEST: W. B. JOY
Secretary R. H. YOUNG
Commis sioners e

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF IDAHO
In the batter of the Application of }
Idaho Power Company for a Certificate ) CASE NO. F-1169
of Convenience and Necessity in the )
City of Pocatello, Bannock County, ) CERTIFICATE NO. 145
Idaho. )
, IT IS HEREBY CERTIFIED, That the public convenience and necessity
require, and will require, the Idaho Power Company, a corporation, its
successors and assigns, to construct, maintain and operate a general
electrical system for the supplying of electricity for light, heat, power
and other purposes to the City of Pocatello, Bannock County, Idaho, and
to the inhabitants thereof, and to exercise the rights and privileges that
have been, or may hereafter be, issued to the Idaho Power Company, its
successors and assigns, by the said City of Pocatello, Bannock County,
Idaho.
THIS CERTIFICATE is predicated upon and issued pursuant to the
findings and order of this Commission in the above entitled matter made
and entered on the 20th day of June, A. D. 1938, to which reference is
hereby made.
DONE IN OPEN SESSION at Boise, Idaho, this 20th day of June,
A. D. 1938.
4
*/ Commissioners.

PWIC UTILITIES COMMISSION OF TIDE STATE OF IDAHO
In the Matter of the Application of ) � B l'
Idaho Power Company for a ' rtificate } Cti:E PdO.
of Convenience and Necessity in the }
City of Salmon, Lemai County, Idaho. ) CERTIFICATE N0. ( 3��
IT IS IURE x CERTIFIED, Tilat the public convenience and necessity
requires$ and will require, the Idaho Power Company; a corporation, its
and aLisi`na, to construct, maintain and operate a general' 9190trio.
cal sJ-stefu- Itor L.)e supplying of electricity for light, heat, power and other
purpo?ee to the City of Sa.Lnon, Lemhi County, Idahop and to the inhabitants
t ercoi, ar.:t to exercise the rights and privileges that have been, or may
1,LFr€::iter bE, 3s5ueci tc the Idaho dower Company, its aitcce� sor5 and ensigns,
by 1h..e _;yid City- of waLaon, L,emhi County, Idaho.
THIS CATE is predicated upon and issued pursuant to the
.Lndinds �.zvl order of this Commiesi.-n in the above entitled matter made
t
and entered can toile �1 day. of �j���-� -��'`"� A.D. 193{o, to which
refc.-eacs is :26:reby made.
Wn is OPEN SE54,10N at =oise, Idaho, ti-iis G Q day of
W`
Co:1�:igsio2�er8.

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF IDAHO
In the Matter of the Application of )
Idaho Power Company for a Certificate ) CASE NO. F-1118
of Convenience and Necessity in the )
County of Lemhi, State of Idaho. ) ORDER NO. 1607
The Idaho Power Company, a public service corporation, organized
and existing under and by virtue of the laws of the State of Maine and duly
qualified to do bu�esa in the State of Idaho by virtue of a compliance with
the laws of said s&te, on the 15th day of December, 1936, filed with the
Public Utilities Commission of the State of Idaho, its duly verified applica-
tion for a certificate that the present and future public convenience and
necessity require and will require that the applicant, the Idaho Power Com-
pany serve the County of Lemhi, State of Idaho, and the residents and
inhabitants thereof, with electricity for light, heat, power and other pur-
poses, and for the exercise by said Company of the rights and privileges
which have been, or may hereafter be, granted to it, by franchise or franchises
from said. county, permitting the construction, maintenance and operation
rithin said county of its general electrical system for the purposes above
set forth.
The above entitled matter came on regularly for hearing at 10:15
o'clock A. M., December 24, 1956, at the office of t'ne Commission in the State
Capitol, Boise, Idaho. At said hearing James L. Boone appeared as attorney
for the applicant and submitted evidence in behalf of its said application.
Upon evidence and the verified application, the Commission finds:
I.
That the applicant, the Idaho Power Company, is a public service
corporation organized and existing under and by virtue of the laws of the State

of Maine, and authorized to do business in the State of Idaho by virtue of a
compliance with the laws of said State, and with its principal place of
business in Idaho at Boise, Ada County, and that it maintains branch offices
in various parts of the state, and is engaged in operating a general electrical
system in certain districts of the State of Idaho, included in which is the
County of Lemhi.
II.
That the Idaho Power Company now holds and possesses, and is now
exercising, all rights and privileges granted its predecessor companies by
the County of Lemhi, in the State of Idaho, and for more than one year last
past has furnished, and now is furnishing, electricity and electrical energy
to the residents and .inhabitants within the territorial limits of said Lemhi
County for light, heat, power and other purposes.
III.
That no person, corporation or association of persons is engaged in
the business of transmitting, distributing or serving electrical power or energy
for any of said purposes hereinbefore specified within the territorial limits
of the said County of Lemhi; that the said County and the residents and inhabi-
tants thereof require such service, and the present and future public con-
venience and necessity require the applicant, the Idaho Power Company, to
render electrical service for light, heat, power and other purposes within
the territorial limits of said County, and it is desirable that the applicant
obtain a new franchise in its own name, and the situation requires a certifi-
cate of convenience and necessity from the Commission.
IV.
That the present and future convenience of the public requires. -and
will require, that the applicant, the Idaho Power Company, furnish to the
said County of Lemhi and to the residents and inhabitants thereof electric
energy for light, heat, power and other purposes and in connection therewith to
-2-

erect, extend, maintain and operate a system sufficient for such purposes, and
that the said applicant be authorized to exercise such posers, rights and
privileges as may hereafter be granted to it by franchise or franchises from
said County, subject, however, to the rules, orders and control of the
Commission as to service and facilities.
V.
That a certified copy of the Articles of Incorporation of the Idaho
Power Company is on file in the office of this Commission.
VI.
That said County of Lemhi was duly and regularly notified of the
date and place of the hearing on the application herein, and that no protests
or objections to said application have been made or filed.
VII.
That the said applicant is able financially to do the necessary
construction to render service to said Lemhi County and the residents and
inhabitants thereof.
IT IS, THEREFORE, ORDERED that a certificate of convenience and
necessity covering the said County of Lemhi issue to the applicant herein in
conformity to the findings hereof.
DONE IN OPEN SESSION at Boise, Idaho, this � � day of
19.3 ID.
� rr
Co ssianers.

BEFORE THE PUBLIC UTILITIES COWISSIOV OF THE STATE OF IDAHO
In the Matter of the Application of )
Idaho Power Company for a Certificate ) CASE NO. F-1103
of Convenience and Necessity in the )
Village of Melba, Canyon County, Idaho. ) ORDER NO. 1585
The Idaho Pourer Company, a corporation, on the 5th day of June,
1936 filed with the Public Utilities Commission of the State of Idaho its
duly verified application for a certificate of convenience and necessity,
stating in substance that the present and future public convenience and
necessity requires, and will require, that the Idaho Power Company furnish
to the Village of Melba., Canyon County, Idaho, and the inhabitants thereof,
electricity for light, heat, poorer and other purposes, and for the exercise
by said Company of the rights and privileges which have been, or may hereafter
be, granted to it, by franchise or franchises from said village, permitting
the constrgction, maintenance and operation within the said village of a
general electrical system for the purposes above set forth.
The above entitled matter came on regularly for hearing at 10:00
o'clock A. M., June 26, 1936, at the office of the Commission, in the State
Capitol, Boise, Idaho. At said hearing James L. Boone appeared as attorney
for the applicant and submitted evidence in behalf of its said application.
Upon evidence and the verified application, the Commission finds:
1. That the applicant, Idaho Power Co:apany, is a public service
corporation organized under the laws of the State of Maine and authorized
to do business in the State of Idaho by reason of having complied with the
laws of the State of Idaho pertaining to foreign corporations, with its
principal place of business at Boise, Ada County, Idaho, and is engaged in
operating a general electric system in certain districts in the State of
Idaho, included within which is the said Village of Melba, Idaho.

2. That the said Village of Melba, Idaho, is incorporated under the
laws of the State of Idaho as a municipal corporation, to-wit: a village, and
is now a duly incorporated municipal corporation.
3. That on or about the 7th day of April., 1936, the Board of Trustees
of the Village of Melba, Idaho, instructed the Chairman of said Board to
advise this Commission "that the Village of Melba consents to the granting
of the application of Idaho Power Company for a certificate of convenience
and necessity to operate in Melba," and said consent was transmitted by
said Chairman under the seal of said Village by Letter from C. C. Todd,
Chairman of Board of Trustees of the Village of Melba, Idaho.
4. That the said applicant is able financially to do the necessary
construction to render the service and to furnish the same to the Village
of Melba, Idaho.
5. That a certified copy of the Articles of Incorporation of the
Idaho Power Company is on file in the office of this Commission.
6. That no person, corporation or association of persons, is engaged
in the business of transmitting or serving electric power or energy for
light, heat, power or other purposes in said Village or territory contiguous
thereto., and that said Village and the inhabitants thereof require said
service, and that present and future convenience requires the applicant,
Idaho Power Company, to render service for light, heat, power and other
purposes within the limits of said Village of Melba, Idaho, and that the
situation requires a certificate of convenience and necessity from this
Commission.
7. That the present and future convenience of the public requires,
and will require, that the applicant, Idaho Power Company, furnish to the
Village of Melba, Canyon County, Idaho, and to the inhabitants thereof,
electrical energy for light, heat, power and other purposes, and in connec-
-2-

tion therewith to erect, extend, maintain and operate a system sufficient
for such purposes; and that said applicant be authorized to exercise such
powers, rights and privileges as have been granted, and may hereafter be
granted, to it by franchise or franchises from said Village of Melba,
Idaho, subject, however, to the rules, orders and control of this Commission
as to service and facilities.
IT IS, TFEREFORE, ORDERED, That a certificate of convenience and
necessity covering the said Village of Melba, Canyon County, Idaho, be
issued to the applicant herein in conformity to the findings hereof.
DONE IN OPEN SESSION at Boise, Idaho, this 26th day of June ,
A.D., 1936.
Commissioners.

BMR1 THE PUBLIC UTILITIES 002MISSION OF THE STATE IDAW
In the Matter of 'he Application of
lviipho Power Cowan? for a Certificate CASE No. F-1097
of Convenience and Necessity in the
Village of Meridian, Ada County, Ilaho. amnuTs xo. 134
IT IS &'-;�I CERTIFIv-Ds That the Public ooavenience and necessity
requires# and trill requires, the Idaho Povier Companyp a corperationg,110
succajecre and az3igms to construct, maintain anti open-te a general 01"trz—
cal system for the supplying of electricity ror lightp bveatp ?ov;er and other
purposes to the Village of Iferidiang " County, Ida kw# and to the inhabi-
tants thereof, and t exercise the rights and privileges twit bAve been or
may hereafter be# Issued to the Idaho Power Compfmyj its successore and
assijus by the said Village of Werldian, Ada County, llaho,
T915 CERTIFICATE is prediosted upon and i3suad liursuent to the
findings and order of this Co=issicn in the above entitled natter mad*
and entered on the 23rd day of April# A.D. 1356# to which reference io hereby
Madot;
JW OM SESSION Ott Boise# Idaho, gist 23rd day of Aprill A.D.,
A,
7EXT­_-%�'kJGTI
_R­ HOLDET
J. ',V. CIORLELL
"om:ai an inner*.

HEFOEE THE PUBLIC UTILITIES OMOMMON OF SSE STATE OF IDAHO
IN THE MATTER OF THE APPLICATION OF )
IDAHO POWER CCNPANY FOR A CERTIFI+- } CASE NO. F-1048
CATE OF CONVEUIENCE .AND NECESSITY )
IN ME CITY. OF AMERICAN FALLS, } CERTIFICATE No. 130
POWER COUNTY, IDAHO. )
IT IS HEREBY CERTIFIED, That the public convenience and necessity
requires, and will require, the Idaho Power Company, a corporation, its
successors and assigne to construct, maintain and operate a general electri-
cal system for the supplying of electricity for light, heat, power and other
purposes to the City of American Falls, Power County, Idaho, and to the in-
habitants thereof, and to exercise the rights and privileges that have been,
or may hereafter be, issued to the Idaho Power Company, its successors and
assigns by the said City of American Falls, Power County, Idaho.
THIS CERTIFICATE, is predicated upon and issued pursuant to the
findings and order of this Commission in the above entitled matter made and
entered on the 5th day of Tuly, A.D., 1933, to which reference is hereby
made.
DONE IN OPEN SESSION at Boise, Idaho, this 5th day of July, A.D.,
1933.
esi dent
Comm ssioner
Commissioner

BEFORE THE It, �C UTILITIES CCMaSSION OF THE ,. TE Or-IDAHO
IN THE TZ&TTER OF THE APPLICATION OF )
EARL E. HAI4iP HM FOR CETIFICATE OF )
calf ffiIMCE AND NECESSITY TO CM- ) CASE NO. F-978
STRUCT AN ELECTRIC POWER AND LIGHT }
PLAINT AND DISTRIKTING SYSTEM FOR ) CERTIFICATE NO. 128
THE TOWNS OF C ONANT, IMTA, ELBA )
AND SURROUNDING CONTIGUOUS TERRITORY. )
It is hereby certified that the public convenience and necessity
requires, and will require, the above named applicant, Earl E. Hampshire,
to construct, equip, operate and maintain a hydro-electric generating
plant, transmission lines and distributing system for the supplying of
electricity for light, heat, power and other purposes to the towns of
Conant, Malta, Elba and the surrounding and contiguous territory in Town-
ship 13 South, Ranges 25 and 26 East, Boise Meridian, in Cassia County,
Idaho, and to the inhabitants thereof, and to exercise such rights and
privileges that have been, or may hereafter be, granted to said applicant
by the County of Cassia, Idaho.
This certificate is predicated upon and issued pursuant, and
subject to the provisions contained in Order No. 1408 in the above en-
titled matter, made and entered this 29th day of June, 1932, which order
is hereby referred to and by reference Dade a part hereof.
DONE IN OPEN SESSION at Boise, Idaho, this 29th day of Tune,
1932.
U
7 ,
Co mni s one s.

BEFORE THE PUBLIC TlTILITIES COMMISSION OF THE STATE OF IMHO
In the Matter of the application d )
Idaho Power Company for a Certificate } CASE NO. F-791
of Convenience and Necessity in the )
City of Payette, Payette County, ) CERTIFICATE NO. 126
Idaho. )
It is hereby certified that the public convenience and necessity
require, and will require, the Idaho Power Company, a corporation, its
successors and assigns, to construct, maintain and operate a general
electrical system for the supplying of electricity for light, heat, power
and other purposes to the City of Payette, Payette County, Idaho, and to
the residents of said city, and to exercise the rights and privileges that
have been, or may hereafter be, issued to the Idaho Power Company, its
successors and assigns, by the said City of Payette, Idaho.
This certificate is predicated upon and issued pursuant to the
findings and order of this Cormission in the above entitled matter made and
entered on the lst day of July, 1930, to which reference is hereby made.
DMM IR OPEN SESSION at Boise, Idaho, this lst day of July, 1930,
(2

BEFORE RM PUBLIC UTIISTIES COMMISSIOIN OF THE STATE OF IJAHO
In the Matter of the Application )
of the Idaho Power Company for a ) CASE NO. F-667
Certificate of Convenience and )
Necessity in the City of matt, ) CERTIEFICATE N0. 116
Gem County, Idaho. )
It is hereby certified that the public convenience and necessity
require, and will require, Idaho Power Company, a corporation, its successors
and assigns, to construct, maintain and operate a general electrical spetama
for the supplying of electricity for light, heat, power and other purposes
to the City of Emmett, Gem County, Idaho, and to all residents of
said city, and to exercise the rights and privileges that have been, or
may hereafter be, issued to the Idaho Power Company, its successors and
assigns, by the said City of 15moett, Idaho.
This certificate is predicated upon and issued pursuant to the
findings and order of this Commission in the above entitled matter made and
entered the 15th day of January, 1929, to which reference is hereby made.
DONE IN OAT SESSION at Boise, Idaho, this 15th day of January,
1929.
Commissica�e.

B1FO1E THE PUBLIC UTILITIES Ca MISSION OF THE STATE OF IDAHO
In the Blotter of the Application )
of the Idaho Power Company for a ) CASE NO. F-685
Certificate of Convenience and )
Necessity in the Village of Home- ) CERTIFICATE NO. 115
dale, Owyhee County, Idaho. )
It is hereby certified that the public convenience and necessity
require, and will require, Idaho Power Company, a corporation, its successors
and assigns, to construct, maintain and operate a general electrical system
for the supplying of electricity for light, heat, power and other purposes
to the Village of Homedale, Owyhee County, Idaho, and to all residents of
said village, and to exercise the rights and privileges that have been, or
may hereafter be, issued to the Idaho Power Company, its successors and
assigns, by the said Village of Hom►edale, Idaho•
This certificate is predicated upon and issued pursuant to the
findings and order of this Commission in the above entitled matter made and
entered the 15th day of Sanuarh, 1929, to which reference is hereby made.
DONE IN OPEN SESSION at Boise, Idaho, this 15th day of January,
1929,
Commissioners.

BEP01M 1'BE PUBLIC U°TILIT 1ES CMIMISJION OF TIC ST.LTE OF IDAZO
In the Matter of the jpplieation of }
the Wood Hiver Power Company for a ) C2Su NO. F-620
Certificate of Convenience and He- ; =TIFICA= ITO. 110
cessity covering Camas County, Idaho. }
It is hereby certified that the public ccavenience and necessity
require, and „d ll require, the 'Wood River Power Company, a corporation, its
successors and assigns, to construct, maintain and operate a general electri—
cal system for the supplying of electricity for light, heat, power and other
;our
poses to the Village of Fairfield, Camas County, Idaho, and to the residents
of said village, and the territory contiguous and adjacent thereto, and also
the residents of Camas County residing on lsads adjacent to the poorer line
recently constructed by said Wood River Power Company from Blaine County to
Fairfield, Idaho, and to exercise the rights and privileges that nave been, or
may here.ai'ter be, issued to the ',"food River Power Company, its successors and
assigns, by the said Village of Fairfield and said County of Camas.
This certificate is predicated upon and issued pursuant to the find-
ings and order of this Commission in the above entitled matter made and entered
the 15th day of November, 1926, to which reference is hereby made.
Loi", 11,T OP:id :S IO1J at Boise, Idaho, this 15th day of November,
1926.
Commissioners.

BEFORE ME PUBLIC UTILITIES COMMISSION OF THE STATE OF IDAHO
In the Matter of the Application )
of Idaho Power Company for a ] CASE NO. F-605
Certificate of Convenience and } CERTIFICATE N0. 109
Necessity in the Village of Notus,, )
Canyon County, Idaho.
It is hereby certified that the public convenience
and necessity require, and will require, Idaho Power Company,
a corporation, its successors and assigns, to construct, main-
tain and operate a general electrical system for the supplying
of electricity for light, heat , power and other purposes to
the Village of Notus, Canyon County, Idaho , and to all resi-
dents of said Village, and to exercise the rights and priv-
ileges that have been, or may hereafter be , issued to the Idaho
Power Company, its successors and assigns, by the said Village
of Notus.
This certificate is predicated upon and issued pur-
suant to the findings and order of this Commission in the above
entitled matter made and entered the loth day of August, 1926,
to which reference is hereby made.
DONE IN OPEN SESSION at Boise, Idaho, this loth day
of August, 1926.
zolv.
oe
Commissioners.

BEM THE PUBLIC UTILITIES Cf MISSICA OF TEE aoxE OF IDIHO.
In the utter of the Application of )
the Idaho Power Company for a Cer-
tificate of Convenience and Ne- j CASE NO. P-534
cessity in the Counties of Minidoka, j
Twin Falls, Elmore, Owyhee, Ada, ) CMTIFICATE NO. 106
Gem, Caron, Jerome, Payette and )
Cassia, all in the state of Idaho. )
It is hereby certified that the public convenience and necessity
require, and will require, the Idaho Power ComparW, a corporation, its suc-
cessors and assigns, to construct, maintain and operate a general electrical
system for the supplying of electricity for light, heat, power and other pur-
poses within the counties of Minidoka, Twin Falls, yl.aore, Owyhee, Ada, Gem,
Canyon, Jerome, Payette and Cassia, and to exercise the rights and privileges
that have been, or may hereafter be, granted by any franchise or franchises
which have been, or may hereafter be, issued to the Idaho Power Compargr by
said counties, and each of them# the exercise of such rights and privileges
under such franchise to be, however, subject to the rules, orders and control
of this commission as to service and facilities.
This certificate is predicated upon and issued pursuant to the find-
ings and order of this comission in the above entitled matter made and enter-
ed on December 20, 1923, to which reference is hereby made.
DMTE IN OPErd SESSION at Boise, Idaho this 20th day of December, 1923.
Commissioners.

BEFCRE THE PUBLIC UTILITIES C WISSION OF THE STATE OF IDAHO.
In the Matter of the Application of )
the Idaho Power Company for a Cer-
tificate of Convenience and Ne- } CASE NO. F-533
cessity in the Counties of Bingham, )
Bannock, Boise, Gooding, Lincoln, ) CMTIFICATE NO. 105
Power and Washington, all in the )
state of Idaho. )
It is hereby certified that the public convenience and necessity
require, and will require, the Idaho Power Company, a corporation, its sue-
oessors and assigns, to construct, maintain and operate a general electrical
system for the supplying of electricity for light, heat, power and other pur-
poses within the counties of Bingham, Bannock, Boise, Gooding, Lincoln, Power
and Washington, and to exercise the rights and privileges that may be here-
after granted by any franchise or franchises which may be issued to the Idaho
Power Company by said counties, and each, of them; the exercise of such rights
and privileges under such franchise to be, however, subject to the rules, orders
and control of this co mission as to service and facilities.
This certificate is predicated upon and issued pursuant to the find-
ings and order of this commission in the above entitled matter made and enter-
ed on December 20, 1923, to which reference is hereby made.
DONE IN OPMZ SESSION at Boise, Idaho this 20th day of December, 1923.
Commissioners.

BEFORE T?3� PUBLIC U21LITI.r 83 COIrI iISSION OF `1'HL '3TATE OF IDi!,HO.
--000--
JOINT APPLICATION FOR CAME'LLhT'ION
Or CERTIFICATE HELD BY +GOD RIV R } CASE NO. F-521.
POI;'ER COMPANY AIM IS3UAId C. OF rdEVi )
CERTIFICATE TO IDAHO PUj-,iER COi"IPANY ) CERTI IC,iT NO. 103.
IN LIEU T'HEREGF. }
--000--
In accordance with its Order No. 904 in the above entitled
case, the Public Utilities Commission of the State of Idaho does
hereby certify that the present and future convenience and neces-
sity of the public require and will require the taking over,
improvement and operation by the Idaho Power Company of the
electrical transmission line situated in Lincoln County, Idaho,
and beginning at the first pole south of the Idaho Por<<er Company' s
substation located on the south half of Lots 19 and 20, Block
L6 of the Original Townsite of the Village of Shoshone in Lincoln
County and extending to a point at or near the corporate limits
of the Village of Ric_ifield in said county, for the purpose of
transmitting electrical energy to the system of the 'good River
Power Company and to other consumers in said County of Lincoln
who may desire such energy.
IN ; IT'NES:S The members oi' said Commission have
hereunto set their hands and caused the Seal of the Commission
to be hereunto alfixed t1nis 16tn day of June, 1923, at Boise, Idaho.
r
ATTEST :
Commissioners.
Secretary.

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF IDAHO.
In the batter of the Application of
the Murtaugh Light k Power Company, � _ CASE NO, F-497.
Inc., for Certificate of Public Con- j
venience and Necessity. 1 CERTIFICk2E N0. 102
IT IS HEREBY CERTIFIED, That the present and future public c mvenienoe and
necessity require and will require the Murtaugh Light k Power Company, Inc. , its
successors and assigns, to furnish electrical service to the town of Murtaugh and
to certain portions of Twin Falls and Cassia counties, more particularly describ-
ed as follows:
"All of that portions of the following sections lying south of the
Snake River; Sections 22,23,25,26,27,35 and 36 in Township 10 Set
Range 199 E.B.M.; Sections 1, 129139249259261 27934935 and 36
in township 11 S. , Range 199 E.B.M.; Sections, ;?, 3 010 911 912,13
14 and 15, in township 12 S , mange 19 .3.M.; Section 31 in town-
ship 10 S e . Range 20 E.B.M.; sections, 394;596,798-9,10,15,16 ,17,
18,19920,21,22,27,28930,319321133,34 in township ll S., Range 20
E.B.M.; sections 3,4,5,6,7,8,9,10,15,16,17 ,18,19 ,20,21 and 22 in
township 12 S.,Rsnge 20 E.B.M."
all within the state of Idaho, and the inhabitants thereof, for municipal,
commercial and domestic purposes, and to construct, operate and maintain such
transmission lines and distribution system and extensions thereto as the service
of said town and the inhabitants thereof and of the territory c mtiguous thereto ,
as herein described may require , and to exercise the riaYhts and privileges of
any franchise granted to said applicant by said town of Murtaugh, or said counties
of Twin Falls and Cassia within the limits of the territory herein described,
subject, however, to the rules, regulations, orders, and control of the Public
'Utilities Commission of the state of Idaho as to the reasonableness of the rules,
regulations, rates and charges for and the adequacy of such service.
Done in Open Session at Boise, Idaho; this llth day of July, 1922.
ATTi:ST:
Commissioners.

''M PUBLIO WILITIEB COMA1138I09 OF THE STATE OF IDA11O
N00OM
In the Matter of the Application of Y
the Shelley Light & Power Company,
Ltd., for a Certificate of Convenience X CAM NO. F-494
and Necessity is the City of Shelley
and the counties of Bonneville and } MMIFICA21 10. 101
D ingba•, all is the State of Idaho. I
--000--
It is hereby certified that the present and future public convenience
and necessity requires and will require the Shelley Light b Power Compszy,
Ltd. , its successors and assigns, to furnish electrical service to the Pity .
of Shelley and to pertain portions of Bingham and Bonneville Counties all' . .
in the State of Idaho, and inhabitants thereof and of territory contiguous
thereto as fully set out and determined in Order No. 428 in Case Ho. F-164
Issued by the Public Utilities Commission of the State of Idaho on the 16th
day of April, 1917, for municipal, ocsssircial and domestic purposes; to con-
struct operate and maintain such extensions to its electrical system as the
service of said city and the inhabitants thereof and territory contiguous
thereto may require, and exercise the rights and privileges of my franchise
granted to said applicant by said city of Shelley, and said counties of
Binghmn cad Doaneviller for such service within such territory, subject,
however, to the rules, regulations , orders and control of the Public Util-
ities Commission of the State of Idaho as to the reasonableness of the rules,
regulations, rates and charges for and the adequacy of such service.
Dons in Open Session at Boise. Idaho on the 20th day of June , 1922.
ATTEST :"'.
i ,r-
ecretary,
Commis si oaers.

BEFORE TIMP PUBLIC UTILITIES CO=ISSION OF TM; STATE OF IDAHO
--000--
In the Matter of the Application (
of the Wood River Power Company ( CASE NO. P-470
for Permission to Connect with
the Idaho Power Company in the ( CERTIRICA:i'E NO. 99 '
County of Lincoln, Idaho.
}
--OGO-�
The Public Utilities Commission of the State of Idaho, in
accordance with its Order Bo. 829 in the above entitled case, does
hereby certify that the present and the future convenience and ne-
osssity of the public regairet and will require the construction sod
operation of an electrical connection with the system of the Idaho
Power Company at the first pole south of the latter aompexy'a sub-
station, located on the south half of lots nineteen (19) and twenty
(209 Block 6, original t ite of the Village of Shoshora in Lin-
Coln County, ahoy s` transmission line fro said point to its
system in the Village of Richfield in Lincoln County, Idaho, for
the purpose of transmitting electrical energy from said point of
connection to the system of the 'food River Power Company for use
in the territory covered by a certificate heretofore issued to the
said Wood River Power Company.
Should tha proposed transmission line and connection not
be completed and be in operation within six months from the date
hereof the authority granted hereunder shall lapse.
IN WITNESS .,FI=F the members of said Commission have
hereunder set their hands at Boise, Idaho and caused the seal of
the Commission to be hereunto affixed on this i ry day of March,
1922.
A :_4')
G4
ATTEST:
`- Secretary,
Commissioners.

RZTOPS TIM PUBLIC uTILITI. CMMIISSIOIT OF MT!. STATE: OP IDA O.
In the batter of the ApplAcation J
of Idaho Power Company for a } CASE im. FJ e- J
Certificate of Convenience and ]
Necessity relative to the Village 1 CTE2,11TIFICAM NO. 94
of North Pocatello, Bannock County, )
Idaho. a
It is hereby certified that the public convenience and necessity re—
quire, and will require, Idaho mxier Company, its successors and assigns , to
construct, maintain and operate a general electrical system for the supplying
of electricity for light , heat, pa•Ner and other purposes within the present and
future corporate limits of the Village of North Pocatello, Bannock County, Idaho,
and to exercise the rights and privileges that may be granted by any franchise
which may -hereafter be issued to said Idaho Povrer Company by said Village of
North Pocatello, the exercise of such rights and privileges under such franchise
to be, ha:aever, subj6ct to the rules , orders and control of the Commi-sion as to
service and facilities.
Done in open session at Boise, Idaho, this day of %b 1920.
Coi sione.rs.

4
BXFCRX TSS PUBLIC UTILITIES 002,21ISSION OF THE STATE OF IDAHO.
In the utter of the Application )
of Idaho Power Company for a ) CASE Im. a�
Certificate of Convenience and ?
Necessity relative to the Village ? CERTIFICATE 1410. 93
of Fairview, Bannock County, Idaho. )
It is hereby certified that the public convenience and necessity re-
quire, and will require, Idaho Power Company, its successors and assigns, to
construct , maintain and operate a general electrical system for the supplying
of electricity for light, heat, power and other purposes within the present and
future corporate limits of the Village of Fairview, Bannock County, Idaho, and
to exercise the rights and privileges that may be granted by any franchise which
may hereafter be issued to said Idaho Power Uorapany by said Village of Fairview,
the exercise of such rights and privileges under such franchise to be, however,
subject to the rules, orders and control of the Commission as to service and
facilities.
Done in open session at Boise, Idaho, this ._` :gay of -, 1920.
17
all
IeA
Corrnisaioners.

IN THE MATTER OF THE AFPLI02, ION
OF THE e' OOD RIVER PO-.DER C011FANY CA: E NO,. _
FOR h CERTIFIC*!'TL OF COINEEIENCE
..111) NECESSITY IN �iHE COUNTY OF CERTIFICrTE NO. • 91
LI�.COL,I , STATE OF IDAHO.
IT Ia HEREBY- CZRTIFIEI✓, that the present and future public
convenience and necessity require and will require the Wood
i
River Potier Company to furnish electric service to the village
of Richfield in Lincoln County., Idaho and the inhabitants thereof
and of territory contiguous thereto for municipal , commercial
and domestic• purposes, but this certificate shall not be construed
as authority to serve and the said Wood River Power Company is
hereby restricted from serving territory in said Lincoln County
now served by other utilities of similar character or territory
contiguous . hereto.
It is further certified that the present and future public
-convenience and necessity require and will require the said Wood
River Power Company ':,b const-ruct, operate and', maintain such extension
to its electric system as the service �of said village of Richfield
and the inhabitants thereof and of territor - contiguous thereto ,
ma4T require, and to exercise the rights and privileges of any
franchise or franchises hereafter granted to said
Company by the said village for such service , subiect, however,
E to the rules, regulations, orders and control of the Public Utilities
Commission of the State of Idaho, as. to the reasonableness of the
rules, regulations, rates and charges for and the adequacy of the
service furnished.
Done in open session at Boise, - Idaho, on the122"7 day of
February-, lg20.
Commissioners.

BIW01M TIM PUBLIC UTILIMS OMISSION OF TEL STATE OF IDAHO
In the Matter of the Application )
of Idaho Power Company for a ) GAS`S NO. F-310
Certificate of Coarenience and )
Necessity relative to the Village } CMTIFICLTIS NO. 85
of Hansen, Tivin Falls County, Idaho. I
It is hereby certified that the public convenience and necessity re-
quire, and will require, Idaho Power Company, its successors and assigns, to
construct, maintain and operate a general electrical system for the supplying
of electricity for light, heat, power and other purposes within the present
and future corporate limits of the Village of Hansen, 'Hein Falls County, Idaho,
and to exercise the rights and privileges that may be granted by any franchise
which may hereafter be issued to said Idaho Power Company by said Village of
Hansen, the exercise of such rights and privileges under such franchise to be,
however, subject to the rules, orders and control of the Cormaission as to
service and facilities.
Done in open session at Boise, Idaho, this 1 4th day of October,
1919.
L
Commissioners. ,`

?1: rII3LIC LT'TILITILS COMISSIO �:� Ties SUM OF
IDARO.
In the :2-itter of the Application of Q
¢OOD aIVER POWER COI►ULY, a Corpora-
tion , for a 0ortificate of Convenience Q ��
and Necessity in the County of Blaine,
estate of Idaho. Q
IT IS T:,BY CLIMPIrD, that the -resent and future public
convenience and necessity require and will require the ".'ood River
Pmer Comp=y to fuumish electric service to the unincorporated
villages of Gar_nett,2icabo and Carey in -blaine County,Iciaho and the
inhabitants thereof and of territory contiguous thereto for municipal,
con nercial and domestic )-arr.oses; to construct , operate and ma,iata.in
such e_cteasions to its electrical system as the service of said Villaves
and the inhabitants thez-eof, and. of territory contiguous thereto, Mn-Y
require and to e-nercise the rights and prOvile;es of . r7 franchise or
franchises ,rnich may be hereafter c,,ranted to :aid a,.olicant by said
villczes,or either thereof, for such service, supject,ho%^ever to the
rules, regulations, orders and control of the 2unblic l:tilities Com-
}-_Assion of the State of Iclaho as to the reasonableness of the rules,
regulations, rates and charges for and the adequacy of the service
furnished.
DONEin open session at Boise,Idaho on thA4!day of September,1919

BEFORE, THE PUBL IC UT IL IT IES C GMUSS ION OF THE STATE OF IDAHO
In the Matter of the Application of �
the Idaho Power Company for a Certif- J
( Case No. F-290
icate of Convenience and Necessity J"
( Certificate No. 78.
Relative to the Village of Wilder, J
(
Canyon County, Idaho. )
and necessity
IT IS HZFMBY CMTIFIED, That the present and future convenience
of the public require and will require that the Idaho Power Company operate
and maintain it-s electrical system within the Village of Wilder and the
district immediately contiguous thereto, and construct, operate and
maintain such extensions thereof as the service for said village and the.
inhabitants thereof may require, and Ep ply for and receive any franchise
which may hereafter be granted to said applicant by said village for such
service.
The exercise of such rights and privileges under such franchise are
to be, however, subject to the rules, orders and control of the Commission
as to the reasonableness of the rates and charges and the adequacy- and
reasonableness of the service rendered.
Done in open session at Boise, Idaho, on the 15th day of August,
1919.
e�
Commissioners

BEFOEE THF," TBLIO WILITIES CMUISSION OF T'J STATE OF IDAHO.
In the Matter of the Application
of Idaho Power Company for a CASE No- P-212
Certificate of Convenience and �_481
I C'_TMM wom--
,ecesslty relative to the Village
of Goodizig Co=t".r' CERTI r-ICAM
Idaho.
4,
Th i s mf$t!-eY o=-IMC on regularly to- hezard bt,.1"'ore thILs Ccudni,_61=
si
th'-3 a-u')14 r;'a-,•i kl­ Of I 1�ine corp�zlLit�'_­_ flor a
t
s
C C 3
z CE
oaie. V J.I.1 I
coi,7ov­�'n; theac, _,or'tloas ,o to
:121'i I t a 9 �C; '_After aln o-_z h,
'3 IE-7 0 V 1 Z
c. the 1 i
the sa"d Villar-n_ =d9r -Anra �,-rtue of the rijat Orazted bzy-
the Rrj-v-ised Codes of the State of Idaho,Section 2837 o and mler the author-
t ity and permission granted to certain predecessors in interest of said-Idaho
?owar Company by the County Commissionera of Gooding Countyj ldaho,, within
the jurisdiction of which coimty said Village of Hagerman was included prior
to its incorporation; and ralthough on Jammyry 16, 1918 the "sd Village of
Rage mm became incorponated as a village under the general laws of the State
r-f ld,'dio, nevertheless the said Idaho Pvxer Company has not, as yet became the
!j holder of any franchise
hise -gr&=46'ed directly by said incorporated Village and
covering -any of the abcme meirtioned operations within said Village- that the
said Idaho Power Coml=y has now applied to said Village for such a framohise;
and it furt-laer a?1%-(%­,,r!_,a:, to thfuq 0=­.,iqsIon that the said Idaho Powar Canp-2-V
is well able, fir-axeially, to bear the expense of operating Its pmeent a tem

in cai6 Village and also to make and operat-,e arzo-a extensilolla of said s�att­a
as OLmll timo to time rm_zo=,b2,,-;, I)a rsqulre-,:I; tit saitl Mlacn is
located in a territory contiguou-9 to tho Idaho Pr,,aer Gcm:,pany .�
tri--a-3. tr^nlsn-!i so ion S'ynst�nl oa"-snQU n. - alomg the Eiv-pr i,--
and o i z 41 L s t er,I i lo; th:'4t t1he Villa"I� i3 1:�nt a
LP ')'.;
Oc a c
"0
'n
TA
its SUCOO-Feors &:-,d Z'6 3 1 C-'p a i t"I 1 12 t1h 1 n- 9 C.-2.1 t P_n—d "Tu t­al 0 00 Z"� sr tH
limits of the Village of Hagerman, Gooding County, Idaho, of such ri.E.11ts
=d privileges as shall be contained In a franchise to be grantod by said
Village to said Occorpany, Its successors and assigns . for the emstmationg
4.
maintenance and operation of a general electrical system for the eupplyin,&-
of elaotrialty, for li&ht� heat, pover and ot-har pxrpo3eLx_'
Dome in opn--,. a es 81 on at Boise 1 .o 11-111 S 41�Y of

BaG7iE M3 PUBLIC UTILITIM COMMISSION Cn• T11C, SPATE OF IDAHO.
In the Matter: of the Application / `l
of Idaho Pm.,gr Company for a 770.
C.!rtificmte df Convenyence am-nd 00" WIT
.ecessity relative to the 7i lla e i rr"
Kimberly, Turin Falls Cm- unty, ,.';
Idaho,
i
This matter coming on rsg iarij to bri ,:ea_-i oefore this �o-�nissia�
upon the application of Idaho Power Company, a ::wine corporation, fcr a
certificate that the prosent and future public convenience and necos311t;7 �f
the Village of Kimberly, `win Falls Co+anty, Idaho, and its inhabitants re-
quire the continuance by the said Company, its successors and assign-, of
electrical service for light, meat, power and other purposes within the
boundaries of the said Village of Kimberly under and pursuant to the author-
ity of a franchise covering these operations and to be granted to it by `he
�i
said Village; and it appearing to this Covnisaion, after an ex paste hearing,
that the said Idaho Power Company and its prec.: cess�:re in interest have, for
several years, been operating a general electrical ayetem for the supplying
of 11,,ht: heat, power and other purposes within what have now become the
corporate .-limits of the said Village of Kimberly unc'er And by virtue of the I
right granted by Section 2837 of the i?avisad Codes of ,-_s 3 j3 s cf ldaic,
under the authority and permission granted to certain ;,rsd�;csssors in interest
7 ✓.,,rnm� U-Jia_i INvin Palls County,
,
of said Idaho Power Company by the Cou.�tu �` i� �ors ,a f �. 1 °�;�
Idaho, with#a.the jurisdiction of which county said iwla e of Kimberly ~tea
included prior to its incorporation; and although on wuna 11, 1917 the said
1
Village of Kimberly became incorporated as .a village under the general laws
i
of the State of Idaho, nevertheless the said Idaho Power Co=pe.ny has not as
yet become the holder of any franchise granted directly by said incorporated
Village and covering any of the above Mentioned opera.tious within said Village;
that the said Idaho Power Company has now applied to said Village for such
i

a4 trawMse= and it ftrther appearing to this QQmissi= t1at UO :ta4�d,>#Ahp
Aaser Coam Anj to well able, finaaciallyt to bear the expense of Opdriating
Its present Wtsas in said Village, and also to :sake and operate such ex-
tensions of said system as shall from time to time reasonab2,y be required;
that said Tilla;e is located in a territory contiguous to the ldaA—o Power
Compazyle general electrical transmission system extending along the 3r"s.:{e
River in S=th-Central and South-western Idaho; that the said Villa=re is not
served b an other mblic utility of a liXs character to the Idaho Power
Y 9' y ;
Company, anal it is a eQ:=unity where the public convenience and necessity
req,aire general electric service such as the Idaho Power Company is now
supplying to it and require the exercise, by tha Idaho Power Company, its
auccassors and assigns, of the rights acid privileges to be contained in a
general electric franchise to be ra.ntmd by such Village.
IT 13 7HEREFOEE CR= that there be issusdo and there hereby
iS iasued, to said Idaho Power Company, its successors and assi_;aa , this t
Csrtifi.oate, to become effective forthwith, hereby (�,rtifying that the {
public convenience and necessity require the exercise, by the said Idaho
Power Company, its successors and assigns, within the present and future
corporate limits of the Village of Kimberly, Twin Falls County, Idaho, of
r
such rights and privileges as shall be contained in a franchise to be granted
by said Village to said Company, its successors and assigns, for the con-
struction., maintenance and operation of a general electrical system for the
supplying of eleotricity for light, heat, power and other purposes.
Done in open session at 3oise, Idaho, this �� day of Jalp,
1917. 1
i
Commissioners.
sI
I

BEFORE I� PUBLIC UTILITIES COAWISSION OF ,E STATE OF IDAHO.
In the Matter of the Application ;
of Idaho power Company for a ; CASE No. F-183
Certificate of Convenience and ORr2R 110. 434
Neceeeity 'relative to the Village ;
of Hollister, Twin Falle County, C 1fPIFICATE
Idaho.
This matter coming on regularly to be heard before this Commission
upon the application of Idaho power Company, a Maine corporation, for a
certificate that the present and future public convenience and necessity of
the Village of Hollister, Twin Falls County, Idaho, and its inhabitants re-
quire the continuance by the said company, its successors and assigns, of
electrical service for light, heat, power and other purposes within the
boundaries of the said Village of Hollister under and pursuant to the author-
ity of a franchise covering these operations and to be granted to it by the
said village; and it appearing to this Commission, after an ex parts hearing,
that the said Idaho Power company and its preoleeessors in interest have, for
several years, been operating a general electrical system for the supplying
of light, heat, power and other purposes within what have now become the
corporate limits of the said Village of Hollister under and by virtue of the
right granted by Section 2837 of the E.vieed Codes of the State of Id�rho, and
under the authority and permission granted to certain predescessors in interest
of said Idaho power Company by the County Commissioners of Twin Falls County,
Idalq, within the jurisdiction of which county said 'village of iiollister was
Included prior to its incorporation; and although on :,'arch 9, 1917 the said
Village of Hollister became incorporated as a villas°n under the .ansral laws
of the State of Idaho, nevertheless the said Idaho Power company has not as
yet become the holder of any franchise ;ranted directly by said incorporated
village and covering any of the above mentioned operations within said village;
that the &aid Idaho power Company has now applied to said villa-,a for such

a franchise; and it further appearing to this Commission that the said Idaho
Poorer Company is well able, financially, to bear the expense of operating
its _p»sent- systm. In said village, and also to make and operate sash ex-
tensions of said system as shall from time to time reasonably be required;
that said village is located in a territory contiguous to the Idaho Power
Company's general electrical transmission system extending along the Snake
River in south-Central and Southwestern Idaho; that the said village is not
served by any other public utility of a like character to the Idaho Pourer
Company, and it is a community where the public convenience and necessity
require general electric service such as the Idaho Power Company is now
supplying to it and require the exercise, by the Idaho rower Company, its
successors and assigns, of the rights and privileges to be contained In s: -
general electric franchise to be granted by such village.
IT Is THEREFORE 01MERgD';that there be issued, and there hereby
is issued, to said Idaho power Company, its successors and assigns, this
Certificate, to become effective forthwith, hereby certifying that the
public convenience and necessity require the exercise, by the said Idaho
Power Company, its successors and assigns, Within the present and future
corporate limits of the Village of Hollister, Twin Falls County, Idaho, of
such rights and privileges as shall be contained in a franchise to be granted
by said village to said company, its successors and assigns, for the con-
struction,, maintenance and operation of a general electrical system for the
supplying of electricity for light, hest, power and other purposes.
Done in open session at Boise, Idaho, this �_J_d£jy of play,
1917.
Z'i
JL
C omri as i one re
-2-

BEFORE UU 2MLIC UTILITIES =WSdION OF IM SUTE 0 L-lao
In the matter of the Application of ) Case No.
Idaho Pourer Company for s Certificate �
of Convenience sad lfeaossity covering ) Order Non
tits V112age of Uselton, Minidoim ) c
C=nty Idaho: C Z R T i it T O A T
The Idaho "Once? � "��� 5 Maine
applied to the Pa 114 Utilitias Cauinisgian of ire abate of Idaho for a
Cort1floate that the present and t�iturs public yontrenienca a-4 ueoessity
of the Village of :izelton9 'A'Tinidoka County, Idaho 9 and its inhabitants
require the eontim ante by the said CampwW, its succesvors and, assigm of
eleetrioal service for light, hest, power and tither purposes within the
bomid ries of the said Village of Hazelton, der and puwaant to the
authority of a fraaehise ooverin,g those operations and to be granrsd to it
lby the said Village, and
It appearing to this Commission, after an ex parts hoa.r9.n,g upon
this matter, that the said Idabe Power Comm y and its predecessors %A �, w
Interest have for several years been t�perating a general sleotrieal eyat®
for the supplying of lit-iit V heat, purer and other purposes within what
have now b9oo me th.s c.orperate limits of the ®Aid Tillage Ot Haselteao
under authority o..i.y of certain franaMses or pe=its gated by the
County of Liwoln, ' ,Jaho, flat a time when the territory occupied by tb*
said Vill.tgo of Hazelton °sae a part of said. oomty of Lincolu) on October
11, 1909 to the great Shoshone and ftin Falls Watsr der 0.:wpaM as pred-
acessor in interest of the 11aho Paves' C=99my) 9 and on April 8 j 1912 to
Tho Beatror River P r '% mpany (another predecessor in interest of the
IdMa Parer Oocmlyany) : and that althaugh on member 28, 19168, the said
Village of Hazelton became knzorporated as a Villa�ga rrder the ge!isrwl
hero of the Stave of Idaho ; nevez°thel.ees, t s said Idaho kavor Oomph
bas not as yet boc time 1-he holder of an7 franchise granted directly by
said incorporated. Villages and Bering any of the above mentioned cpez

tions vW4a said Village; that the said ld%ho mar Company as nor � ,x
applied to said Tillage for such a fr=hise and the board of Trustees
.,f such Tillage bad iefonally ex�)ressed to said Oiaparq a arilliwpms to
g; wt s :, a Pranobise to it, its vuaeowro and ansigs, and
It fartbor appearing to this 4cmission gnat the said Idaho
Power Omr=7 is well able finazlolally to beer the axpwise of t�s�,tiM
its preset system in said Villa;.,a =4 also to na:tca and operate such �
tensions of said systeTMs ir;s aha11 frM time to time reasomably be
that said Village is located in a torritory aonti; koua to tl* I.daario Power
CampoWe generai elec3trical tmnamission system extending along the snake
River 3u south-central and aceath-western Idaho; that the Said Village is j
not ser►ed by any ather public utility of a like character to the Idaho
Power Campany� and it is a gait' where the public oourenianas and
meoeasity require general electric service a wk as t_w Idaho Power Company
is now supplying to it„ and regmire the exercise by the Idahs Peaer Ca mpa ,
its sacaessore and ass3 g-ma of the rights and priwilegvo to Tie contained. In
a general slectrias franOotiss to be granted by VIOL, `r illa"I
IT 19 TMMM3 QRDffiM} That there be ima9d, and tbaril hereby
Is issued to said Idaho mar Gamma, its successors and assign,, this
oertifioate to beams offesotive forttrish, hereby certifying Umt the 1;nblio
convenieeea and necessity require the exorelso by the said Idaho powev Com-
pDays its suac essors and assign, within ';ho present and fut*an corporate
limits of the Village of Hazeltan, Miuidok. County, Ida-ho,, of such rifts
a-nd ,privileges as aha?l be contained in a franchise to be greeted by said
Village to said Cc�=a_:.; , Jos maoaessars and assi,--,ax for time o>rstraetion,
maintenanee and open.:t,.e of s gemeral electrical 3ystm for %Alta su�lyi�;
of slsctric3 ity for l i ;:�t, hosts naz.79r aad other pftrr�.:a ca-
S
DOZLO In open session at Boise, Idaho, -lay of
Jammaaa3°y, 1917.
L�

In the Latter of the Application of ) Case 110. F-162
Idaho Power Company for a Certificate )
of Convenience and Necessity for an ) Order :Io. 399
Mctension to and within the Village )
of Eden, Tlinid.oka County, Idaho. ) C E R T I F I C A T E
On the 15th day of December, 1916, the Idaho Pmier Company,
a Laine corporation, duly applied to the 1hablic Utilities Commission of
the State of Idaho for a certificate that the present and Axture public
convenience and, necessity require the extension to and within the Village
of Eden, Minidoka County, Idaho, of the electrical service of said Company,
its successors and assi_-ns , for limit , heat, power and other purposes , and
It appears to this Commission_ after an ex parts hearing on the
matter that the said Idaho Po:rer Company and its predecessors in interest
%iave been operatin,,� a general electrical systen for the supplyin- of light,
heat, power and other rurposes throur�rout south-central and south-western
Idaho for nany years and that t::a said Co:npt).ny is nogv o,porating suc'_. a.
system at a point approximately 4 ::miles east of said Villa-:e of Eden;
Trot the said Company is already the owner and molder of two
franchises covering the territory affected by such proposed extension out-
side of the said Village of Eden, both of vAiich franchises were granted
prior to the taking effect of the Public Utilities Act of the State of
Idaho; that one of these franchises was g anted on October 11, 1909, to
the Great Shoshone and Twin. Falls "rater Power Company, and the other, on
April 8, 1912,to 11he Beaver River Poorer Company; that both of these
franchisee were granted by Lincoln County, Idaho, but both cover the
territory within which the proposed extension of the Idaho Power Company's
system is to be located, inasmuoh as such franchises cover the entire
territory constituting, Lincoln County at the time they were granted and
at that time the territory in question (all now in Hinidoka County)
was still in Lincoln County; that the said Idaho Power Company has made
written application to the said Village of mien for a franchise covering
a +, ,,,�,,,-•�,i H trir. 93id Ville;

That the said Idaho Poorer Company is able financially to bear
the expense of operating its present system and also to construct and to
operate the proposed extension of its systeen to said Village; that said
Village is located in territory contiguous to the Idaho Poorer Company's
general electric transmission system; that the said Villas-e is not served
by any other public utility of a like character to t1-,e Idaho Potrer Company
and that it has never been so served and that said Village and the com-
rmunity in the ininediate vicinity thereof is a carmlunity where the public
convenience and necessity require ,s,eneral electric service such as the
Idaho Power Company, its successors and ass!,-ns, are able to give, and re-
quire ti1e exercise by said Company, its successors and assig7ls, of the rights
and privile-es to be contained in a general electric franchise to be
,tented by such ',Tillage.
IT IS, C'W= that there to issued and there hereb;* is
i99i19d t0 said ICJ-E1n0 nOl7er COTln� , its S120C(�302•S P.1_u t:�;5i ;r.3, this cer-
tificate to become effective fort4with, certifying teat trig public cor_-
vAnience and necessity resit— tine constr'?ction, maintenance G ,d operation
by the said Idarlo Power ,Cavil-rn.y, its successors and ass!!"ns, of an ex-
tension of its electrical s17Stesl to and within and in t^e i.r►nediate
vicinity of the Village of Jaen, inido:ca County, Idaho, and require the
exerci-se by said Corgoany, its successors and aosigrs, o-r such ri ghts and
privilen•es, within the corporate limits of said Villa�,e, as shall be
per-mitted by a franchise to be granted by said Villa_c e to said Com.,Y*,
Its successors and assigns, for the constriction, maintenance and operation
of a Leneral electrical system for the suprlyir_`; of electricity for li;;ht,
heat, power and other purposes.
Done in open session at Boise, Idail , ti�i day of
December, 1916.
tp
1 �
C

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF IDAHO
In the Matter of the Application )
of Idaho Power Company for a ) Case No. F-153
Certificate of Convenience and )
Necessity covering the Village of ) Order No. 383 _
Filer, Twin Falls County, Idaho. )
C E R T I F I C A T E
The Idaho Power Company, a Maine corporation, having duly applied
to the Public Utilities Commission of the State of Idaho for a Certificate
that the present and future public convenience and necessity of the Village
of Filer, Twin Falls County, Idaho, and its inhabitants, require the con-
tinuance by the said Company, its successors and assigns of electrical
service for light, heat, power and other purposes within the boundaries of
the said Village of Filer, under and pursuant to the authority of a franchise
covering those operations and to be granted to it by the said Village and
it appearing to this Commission, after an ex parte hearing upon this matter,
that the said Idaho Power Company, and its predecessors in interest, have
been operating a general electrical system for the supply of light, heat,
power and other purposes within the now corporate limits of said Village since
late in the year 1908, solely under authority of a franchise granted by the
County of Twin Falls, Idaho, on October 26, 1908, to a predecessor in interest
of the Idaho Power Company, to-wit, the Great Shoshone and Twin Falls Water
Power Company, which franchise expressly grants to the holder thereof the
right to carry on such operations within the then unincorporated Village of
Filer; that although, at a date subsequent to the granting of such franchise,
to-wit, on November 11, 1909, the said Village was duly incorporated as a
village under the general laws of the State of Idaho, nevertheless the said
Idaho Power Company has never become the holder of any franchise granted
directly by said incorporated Village and covering any of the above mentioned
operations; that the said Company has now applied to said Village for such a

franchise and the Board of Trustees of such Village has informally expressed
to said Company a willingness to grant such a franchise to it and its
successors and assigns at the next regular meeting of said Board, which
meeting will be held on November 13, 1916; that said Idaho Power Company is
well able financially to bear the expense of operating its present system in
said Village, and also to make and operate such extensions of said system
as shall from time to time reasonably be required; that said Village is
located in territory contiguous to the Idaho Power Company's general electrical
transmission system, extending westward along the Snake River, from Cassia
County, Idaho, to Baker and Malheur Counties in the State of Oregon; that the
said Village is not served by any other public utility of a like character to
the Idaho Power Company; and it is a community where the public convenience
and necessity require general electric service such as the Idaho Power Company
is now supplying to it, and require the exercise by the Idaho Power Company,
its successors and assigns, of the rights and privileges to be contained in
a general electric franchise, to be granted by such Village;
IT IS THEREFORE ORDERED, That there be issued, and there hereby
is issued to said Idaho Power Company, its successors and assigns, this
certificate, to become effective forthwith, hereby certifying that the public
convenience and necessity require the exercise by the said Idaho Power Com-
pany, its successors and assigns, within the present and future corporate
limits of the Village of Filer, Twin Falls County, Idaho, of such rights
and privileges as shall be contained in a franchise to be granted by said
Village to said Company, its successors and assigns for the construction,
maintenance and operation of a general electrical system for the supplying
of electricity for light, heat, power and other purposes.
Done in open session at Boise, Idaho this 18th day of October, 1916.
s/ A. P. Ramstedt
s/ John W. Graham
s/ A. L. Freehafer
Commissioners.
(2)

BXFORZ M3 PUBLIC UTILITIM CMUISSION OF MM STATE OF I➢AHO
In the Natter of the Application of j
Idaho Power Company for a Certificate j Case No. --f 4 �
of Convenienoe and Necessity relative ) Order No.�
to the Village of Wilder, Canyon County, ) CZRTIFICATIR
Idaho. )
This matter coming on regularly to be heard: before this Commission
upon the application of Idaho Power Company, a Maine corporation, for a cer-
tificate that the present and future public convenience aryl necessity of the
Village of Wilder, Canyon County, Idaho, and its inhabitants require the con-
tinuance by the said Compaz7, its successors and assigns, of electrical service
for light, heat, power and other purposes within the boundaries of the said Village
of Wilder under and pursuant to the authority of a franchise covering these
operations and to be granted to it by the said Village; and it appearing to this
Commission, after an es parts hearing, that the said Idaho Power Company and its
predecessors in interest have, for several years, been operating a general elec-
trical system for the supplying of light, heat, power and other purposes within
what have now become the corporate limits of the said Village of Wilder under and
by virtue of the right granted by Section 2837 of the Revised Codes of the State
of Idaho, and under the authority and permission granted to certain predecessors
in interest of said Idaho Power Company by the County Commissioners of Canyon
County, Idaho, within the jurisdiction of which county said Village of Wilder
was included prior to its incorporation, and although on May 5, 1919 the said
Village of Wilder became incorporated as a village under the general laws of the
State of Idaho, nevertheless, the said Idaho Poorer Company has not as yet became
the holder of any franchise granted directly by said incorporated Village covering
any of the above mentioned operations within said Village; that the said Idaho
Power Ompany bas now applied to said Village for such a franchise; and it fmrthsr
appearing to this Commission that the said. Idaho Power Company is well able,
f1mamcially, to bear the expense of operating its present system in said Village,

and also to mete and operate such extensions of said system as shall from time
to time reasamably be required; that said Village is located in a territory con-
tiguous to the Idaho Power Campanys general electrical transmission system ex-
tending along the, Snake River in soathcentral and s oathwastern Idaho; that the
said Village is not served by any other public utility of a like character to the
Idaho Pourer Company, and it is a con=nity where the public convenience and
necessity require general electric service such as the Idaho Power Company is now
supplying to it and require the exercise by the Idaho Poorer Company, its successors
and assigns, of the rights and privileges to be contained in a general electrical
franchise to be granted by such Village.
IT I5, TEERFMO MUMM That there be issued, and there hereby is
issued, to said Idaho Power Company, its successors and assigns, this Certificate,
to became effective fortiwith, hereby certifying that the public convenience and
necessity require the exercise by the said Idaho Power Company, its successors
and assign, within the present and future oorpoxate limits of the Village of
Wilder, Canyon County, Idaho, of such rights and privileges as shall be contained
in a franohis• to be granted by said Village to said Company, its successors and
assigns, for the construction, maintenanoe and operation of a general electrical
system for the supplying of electricity for light, heat, power and other purposes.
Done in open session at Boise, Idaho, this . day of ,
1919.
Coeaaissioners.

B2FORE THE PUBLIC UTILITIES CCLUISSION OF THE STATE OF IDAHO
Case No.
In the Platter of the Application of )
Nevada Power Company for a Certificate ) Order No. 453
of Public Convenience and Necessity. )
C E R T I F I C A T E
This matter coming on regularly to be heard before the Commission
upon application of the Nevada Power Company, an Idaho corporation, for a
certificate under the provisions of Section 48 of the Public Utilities Act
of the State of Idaho (as amended by Chapter 62 of the laws of 1915) that
the present and future public convenience and necessity require, and will
require, the construction, maintenance and operation by said petitioner,
its successors and assigns, of a general electrical system within the
Counties of Owyhee and Twin Falls, Idaho, to transmit and distribute electric
current and energy, and to sell to consumers at points within the State of
Nevada electric current and energy for light, heat, power and other purposes;
and
It appearing to this Commission, after an ex parte hearing,
that the said Nevada Payer Company is a corporation duly organized and ex-
isting under and by virtue of the laws of the State of Idaho and is
authorized and entitled to operate and transact business as an electric
public utility in the State of Nevada in accordance with the powers
specified in its Articles of Incorporation, and that the power and right
of said Nevada Power Company to sell electric current and enerSy is limited
and restricted by its Articles of Incorporation to the sale of such electric
current and energy to conswners at points within the State of Nevada; and
It appearing further that said Nevada Pmner Company proposes to
transmit and distribute electric current and energy fram the generating
station of the Idaho Power Company at Thousand'Springs on Snake River,

Gooding County, Idaho, for sale to consumers at points within the State
of Nevada, and that in order to transmit such energy and current from
said generating station to such points within the State of Nevada it will
be necessary to construct , maintain and operate an electrical transmission
system -within the Counties of Owyhee and Twin Falls, Idaho, and although the
State of Idaho has granted to said Nevada Power Company,under and by virtue
of Section 2837 of the Revised Codes of Idaho, a general franchise for
the construction, maintenance and operation of such system along, upon and
over the public roads, streets and highways in said Counties, it will also
be necessary under said Section to procure franchises or permits from
said Counties covering the use of said highways within said Counties for
such system; and
It further appearing that although the territory through which
said Nevada Power Company proposes to construct such transmission and
distributing lines is contiguous to territory now occupied and supplied
by the general electrical system of the Idaho Power Company, said Idaho
Power Company has filed its appearance in this matter and has consented
to the constriction, maintenance and operation of such transmission and
distributing lines by said Nevada Power Company for the restricted purposes
as hereinbefore set forth and for the sale of the electric current and
energy, so transmitted, to consumers at points within the State of Nevada;
and it appearing to the Commission that for said restricted purposes of
transmitting and distributing electric energy and current from said
generating station of the Idaho Power Company at Thousand Springs on
Snake River, Gooding County, Idaho , through said Counties of Twin Falls
and Oeryhes, Idaho, and for the sale of electric current and energy to
consumers at points within the State of Nevada., the public convenience
and necessity require, and will require, the construction, maintenance
2.

and operation of such transmission and distributing lines through said
Counties and the exercise of the rights and privileges contained,or to be
contained in grants from said State of Idaho and franchises or permits from
said Countiesi
IT IS T-HEEMPORE. ORD=$ That there be issued, and there hereby
is issued to said Nevada Power Company, its successors and assigns , this
certificate to become effective forthwith, hereby certifying that the
public convenience and necessity require, and will require, (1) the con-
struction, maintenance and operation by said Nevada Power Company, its
successors and assigns , of an electrical transmission system extending from
the generating station of the Idaho Poorer Company near Thousand Springs on
Snake River in Gooding County, Idaho, through the Counties of Twin Falls
and Owyhee, Idaho, to the State line between the States of Idaho and Nevada,
to transmit and distribute electric current and energy and to furnish and
sell electric current and service for light, heat, power and other purposes
to consigners at points within the State of Nevada, and (2) the exercise by
the said Nevada Power Company, its successors and assigns , within said
Counties of Owyhee and Twin rVlls , Idaho, of such riE its and privileges as
are or s�7,all be contained in the franchises or permits granted or to be
granted to the Nevada Power Company, its successors and assigns , by the
State of Idaho, Owyhee County or Twin Halls County, Idaho, or any one or
more of there, for the construction, maintenance and operation of transmission
and distributing lines and egnipment along, upon or over any and all public
roads, streets and highways within said Counties of twin Falls and Owynee,
Idaho; provided said Nevada Paver Company exercise only such rights and
powers as are specified in its Articles of Incorporation now on file in
the office of the Secretary of the State of Idaho.
3.

o+Done in open session at Boise, Idaho, this day
Au,tzs t, 1917.
rc.�.
Commissioners.
4.

BEFORE THE PUBLIC UTILITIES CO➢MISSION OF THE STATE OF IDAHO.
In the Matter of the Application of )
J.E.Goodman of New Meadows, State of )
Idaho, for a Certificate of Convenience ) CASE NO. F-158.
and Necessity to Furnish Electricity )
to the Towns of Donnelly, Arling, Cascade, ) ORDER NO. 426.
and the Incorporated Villages of Roseberry, )
and Van YVyc4 all of Boise County, Idaho. )
On November 11, 1916, J.E.Goodman, . above named applicant, filed
with this Commission an application asking that he be granted a certificate
of public convenience and necessity, as contemplated under provisions of
Section 48 (a) (b) of the Public Utilities Act of the State of Icaaho, per-
witting and authorizing him to furnish and sell electricity for lighting,
heating, power and other purposes to the unincorporated town of Donnelly,
the unincorporated town of Arling, the unincorporated town of Cascade, the
tnoorporated village of Roseberry, the incorporated village of Van Wyck and
all territory adjacent to said t awns and villages and adjacent to the trans-
mission lines which applicant proposes to construct, all of said towns,
villages and territory being located in Long Valley, Boise County, Idaho.
The application was set for hearing at Boise, Idaho, on November
249, 1916, for the purpose of determining the financial ability of applicant
to construct his. proposed system, at which time applicant appeared and
testified concerning his proposed system and his ability to finance the same.
Applicant proposes to generate electric current by means of a hydro-
electric plant to be located on the North Fork of the Fayette River at a
point about one-half mil below the outlet of Payette Lake and near the
town of Lardo, Idaho.
Applicant filed with the Commission a certified copy of Permit
from the State Engineer of the State of Idaho, authorizing him to divert
one hundred cubic feet per second of the waters of the North Fork of the

Payette River to be used in connection with the hydro-electric plant which
applicant proposed to construct.
The application was accompanied by a map showing the location of
the proposed plant and transmission lines and the territory which ag_Aicant
proposes to serve. It is shown that aprroximately thirty-five (35) miles of
transmission line must be constructed to serve this territory, and from the
showing made by the applicant as to his ability to finance his proposed system,
the Commission believes that applicant will not be able financially to construct
his system to all of the territory which he proposes to serve, but that he is
able financially to construct his plant and extend his system to serve the
incorporated village of Roseberry, the unincorporated town of Donnelly and
the territory adjacent to the transmission line from the proposed plant to
said incorporated village of Roseberry.
The Commission finds that there is no public utility of like char-
acter occupying the field sought to be served and that the public convenience
and necessity of the said incorporated village of Roseberry, unincorporated
town of Donnelly and the territory adjacent to the transmission line from the
proposed plant to the said village of Roseberry require and will require the
construction, operation and maintenance of an electric plant acid system by
said applicant for the purpose of furnishing electricity for lighting, heat-
ing, power and other purposes to said village, town and territory and the
inhabitants thereof.
The Commission finds further that it will be for the beat interests
of said towns and territory and the inhabitants thereof to limit the time
within which the applicant shall be prepared to serve the same with electrical
current, to a period of eighteen (18) months from and after the date of this
certificate.
IT IS =-=, Y CERTIFIED, That the present and future public convenience
and necessity require and will require that said applicant, J.E.Goodma.n,
construct, ova, operate and maintain an electric plant near the village of
Iardo, Idaho, and an electric transmission line from said plant to the unin-
-2-

corporated town of Donnelly and the incorporated village of Robeberry and electrical
distribution systems in said town and village, for the purpose of furnishing to said
town, village and territory electrical current for lighting, heating, power and other
purposes.
IT IS THEREFORE ORDERED, That the said applicant, J.E.Goodman, be and he
is hereby granted permission to construct, oven, operate and maintain such electric
plant and system for the purposes hereinbefore set forth, and that he commence con-
struction of same within 90 days from and after the date of this order, but in event
applicant shall not be prepared to serve the said territory and the inhabitants there-
of with electric service within 18 months from date of this certificate, then and in
that event this certificate shall be and become null and void.
IT IS FURTHER ORDE M, That petitioner file with this Commission any
franchises that he has already obtained or that he may hereafter obtain for the con-
struction and operation of the said electric light and power system within the territory
described in his petition.
IT IS FUrB=R ORD=, That said applicant during the construction of said
electric light and power system, and until the same is finally completed, keep a thorough
and accurate account of all expenditures made in the construction of said system, and
immediately after its completion file with the Commission his account and report thereon.
IT IS FURTHER ORDRM, That said applicant file with this Commission his
schedule of rates, tolls, rentals, charges and classifications to be collected or en-
forced by him in said unincorporated town of Donnelly and the incorporated village of
Roseberry and the territory between and tributary to said towns, together with all
rules, regulations, contracts, privileges and facilities which in any manner affect or
relate to such rates, tolls, rentals, charges and classifications of service, and that
before such applicant shall charge or receive any compensation for such service furnished
by him, the schedule aforesaid shall be first approved by the Commission and a certi-
fioate of such approval furnished to said applicant.
Done in open session at Boise, Idaho, oth23rd, of Ma 1917
7/
i r
Oommis si on era.

BLYOi�t•: THE PUBLIC U'iILITILB COLILI133ION Or' TH2
STAT;:; UP I LAW 0. �
In the Liatter of the plioation , IMA R. o
of the Project Liutual,4e1 aphone ( ,S
and Electric Com2,any, a oorpora- ) Case 110. S'-165'
tion, for a oertifioate of con-
venience and necessity, to ongags ) Order No. 407
in the distribution of electric
pUe.ut end uurrent. )
On October 17, 1916, the above named applioant filed with
the Commission an application asking that it be granted a certificate
of public convenience and necessity pormitting and authorizing it to
engage in the di atribution of el ectrio ourrent on the Minidoka Pro Jeo
oxolusive of tho town@ of Rupert and Rayburn, within the county of
Minidoka, State of Idaho.
Applioant states that it expects to a sours the elsatrio
current which it proposes to distribute to the settlers on said
Minidoka Projoot, from the electric plant of tho U. 8. Reclamation
Service, located at the Minidoka dam in said Minidoka County, Idaho;
that it proposes to finance its undertaking by the sale of its stoak
to prospective patrons, and the oompany will be operated as a mutual
company; that it will not cone in competition with any public
utility in the field in which it proposes to operate.
Notice of the filing of said application was given by
the Commission to the Idaho Vcwer Company, the Rupert Electric CULIPaly
E. B. Skinner and Paul Electric Company, all of whom were operating
electric public utilities within or ne ar the territory sought to be
served by the applioant.
-1�

BEFORE THE PUBLIC UTILITIES 0012ISSION OF THE
STATE OF IDOO.
In the Matter of the Application
of the Pro j eot Mutual, 'Telephone
and Electric Company, a. corpora- a Case No. -F-155
tion, for a aerti ticate of con-
venience and necessity, to engage Order No. 407
in the distribution of electric
pow e 2• and current. �.
On October 17, 1916 , the above named applicant filed with
the Commission an application asking that it be granted a certificate
of public convenience and necessity pezmitting and authorizing it to
engage in the distribution of electric current on the Minidoka Project
exclusive of the towns of Rupert and Heyburn, within the county of
Minidoka, State of Idaho.
Applicant states that it expects to secure the electria
current which it proposes to distribute to the settlers on said
Minidoka: Project, from the. electric plant of the U. 3. Reclams.tion
Service , located at the Minidoka dam in said Minidoka County, Idaho;
that it proposes to finance its undertaking by the sale of its stock
to prospective patrons , and the company will be operated. as a mutual
company; that it will not come in competition with any public
utility in the field in which it propoaes to operate.
Notice of the filing of said application was given by
the Commission to the Idaho Paver Company, the Rupert Electric Company
E. B. Skinner and Paul Electric Company, all of whom were operating
electric public utilities within or rear the territory sought to be
served by the applicant.
-1-

On November 7, 1916 , the Paul Zilectrie Company, Ltd*
filed a petition in intervention, stating that it was furnishing
electric power and energy to a portion of the territory sought to
be served by applicant . On November 14, 1916 , a stipulation or
agreement; by and between the applicant and the. Paul Electric Com-
pany was filed with the Commission, wherein it was agreed that the
applicant would not in any way interfere with the territory or
patrons then served by the Paul Electric Company. On November 25,
1916 , an agreement between applicant and the Rupert Electric Company
was filed with the Commission, s how ing that applicant had agreed
that it would not in any manner interfere with the territory and
customers then being furnished electric current by the said Rupert
Electric Company.
A hearing on the application was held at Rupert, Idaho ,
on November 27 , 1916 , due notice of such hearing having been given
to all parties in interest. No one appeared at the hearing to
oppose the granting of the certificate .
It was shoim at the hearing that applicant is a corporation
duly organized and existing under the laws of the State of Idaho;
that the residents of the territory sought to be served are ready
and willing to purchase stock of the applicant for the purpose of
financing the undertaking; and that electric current for dia tribution
can be secured from the electric power plant of the U. S. Reclamation
service at the IvIinidoka dam.
It appearing from the application and the evidence intro-
duced at said hr aring that the proposed method of financing the
undertaking is feasible, and that there is a demand for the proposed
service in the territory sought to be served; and it further appear-
ing from the stipulations on file with the Commission and the evidence
introduced at said hearing that there is no other like utility operat-
ing in the territory sought to be served by applicant;
The Commission finds that the present and future public

convenience and necessity require and will require the construction
and operation of the distribution system as pzvposed by applicant ,
and that the certificate, as prayed for in the application and as
agreed to in said stipulations , should be granted.
IT IS HEREBY CERTIFIED That the present and future public
convenience and necessity require and will require that the Project
Mutual Telephone and Electric Company construct , omn , operate and
maintain an electric distribution system for the purpose of furnish-
ing electric current for all necessary and reasonable demands a231
purposes to the residents on that part of the Minidoka Project with-
in Mi.nidoka County , Idaho , except the following described territory;
The towns of Rupert, Heyburn. and Paul, located within said Mlinidoka
County, Idaho , and Section: 19 , 20 , 21, 27, 28, 29, 30, 31, 32 and
33 of Township 9 South, Range 23 East, Boise Meridian, and Sections
5 and 6 of Township 10 South, Range 23 East, Boise Meridian; and
further, that applicant is not authorized or permitted, under the
certificate herein issued, to interfere in any manner with the
service now furnished by the Rupert Electric Company to the J. C.
Murphy place on the Northeast, the C. H. Scott place on the last,
the C. C. Deaf (I . 11. Lewis ranch) on the South, the J. B. Kenagy
ranch on the West and the Tanquary place on the Northwest of said
town of Rupert, and the patrons supplied with electricity along
said lines.
IT IS THEREI'ORE ORD=D, That the said Project Mutual
Telephone and Electric Company be and it hereby is granted permis-
sion to construct, oi7n , operate and maintain such electric distribu-
tion system within the territory described in the last paragraph
above, for the purposes hereinbefore set forth.

i
IT IS FURTHER ORDERED, That said applicant during the
construction of said electric distribution system, and until the
same is finally completed, keep a thorough and accurate account
of all expenditures made in the construction of said system, and•`
immediately after its completion file with the Commission its
account and report thereon.
IT IS FURTHER MEMO, That said applicant file with this
Commission its schedule of rates, tolls, rentals, charges and
classifications to he collected or enforced b it in said territory,
together with all rules, regulations, contracts, privileges and
facilities which in any manner affect or relate to such rates , tolls ,
rentals, charges and classifications of service, and that before
such applicant shall charge or receive any compensation for such
service furnished by it the schedule aforesaid shall be first approv-
ed by the Commission and a certificate of such approval furnished
to said applicant.
Dane in open session at Boise , uho , this 19th day of
January, 1917. -�
r
Cominissoners.

1
• BEFORE THE PUBLIC UTILITIES COMISSIOIT OF THE STATE OF IAAHO.
In re application Southern Idaho Water )
Power Company for certificate of public )
convenience and necessity for an esten- j
Sion to and within the Village of Rock- ) CASE NO. P-144.
land, Power County, Idaho. )
ORDER NO.396.
Marsh & Logan, Hodgen & Marsh and Village)
of Rockland, j
Intervenors. )
APPEARANCES:
O.W*Worthwine of Hawley & Hawley, Boise, Idaho.
and
H.H.Burton of Boise, Idaho,
Attorneys for Applicant.
O.R.Baum of American Falls, Idaho, Attorney for
Intervenors, Marsh & Logan.
W.$.Griswold of American Falls, Idaho, Attorney for
Intervenors, Hodgen & b9a.rsh.
Clyde Hanson, Chairman of Board of Trustees of the
Village of Rockland, appeared for Intervenor,
Village of Rockland.
This is a contest among the parties hereinafter named for a
certificate of public convenience and necessity authorizing the eonstruotion and
operation of an electric system to serve the Village of Rockland, Power County,
Idaho, and its inhabitants.
On October 28, 1915, on application of G.B.Hodgen and J.E.Marsh,
co—partners doing business under the firm name and style of Hodgen & Marsh, on
exparte showing, a certificate of public convenience and necessity was issued
to said Hodgen & Marsh authorizing them to construct an electrical plant ani
system for the Village of Rockland, Idaho, for the purpose of fmrnishing said

7 Village and its inhabitants with electric current for power lighting and heating ;I
it
purposes. ( Case 101.) I
1
On June 229 1916, J.E.Marsh (one of the holders of the certificate
issued on October 28, 1915) and H.B.Logan, co-partners doing business under the
firm name and style of Marsh & Logan, filed with the Commission an application
(Case No.F-140.) averring that G.B.Hodgen had become the holder of and sole party
in interest in the certificate issued by the Commission on October 28, 1915, aad.
that, as such holder, he was taking no steps to complete the plant or system
authorized by said certificate; that the said G.B.Hodgen had become involved in
financial difficulties and had not means or credit sufficient to complete his
proposed plant, and praying that the certificate theretofore issued to Hodgen &
Marsh be cancelled and that a certificate of convenience and necessity be issued
to Marsh & Logan, authorizing them to construct and operate an electric power
plant to serve the Village of Rockland, Idaho, and its inhabitants, and four
surrounding townships.
On July 179 1916, the Southern Idaho Water Power Comzny, appli-
cant herein, filed a petition with the Commission showing that it owns and operates
electrical generating plants at American Falls, Power County, Idaho, a, distance
of sixteen miles from the Village of Rockland, Power County, Idaho; that the
said Village of Rockland is contiguous to applicant9s present line, plants and
system; that its said American Falls plants are now fully equipped and ready,
and capable of generating approximately 5000 kilowatts (6600 H.P.) of electric
energy, which is more than double the maximum amount of the electric power and
energy that has at any one time been required of applicant in the territory
served by it, and has ample water rights and plant capacity to meet all demands
that n y reasanably be contemplated in the territory served or sought to be
served by it, and asking that the certificate of public convenience and necessity
issued to Hodgen & Marsh on October 28, 1915 be cancelled., and tia.t applioant
be granted a certificate of public convenience and necessity authorizing it to
build a transmission line from its said American Falls plants and system to the
-2-

Village of Rockland, Power Oouaty, Idaho, and to construct and operate a distri-
bution system within said Village of Rockland, for the purpose of furnishing
electric service to said Village and its inhabitants,
The two cases, F-140 and F-144, were set for hearing at American
Falls on September 23, 191at and the Village of Rockland and said G.B.Hodgen were
duly notified of such hearing and granted permission to intervene. The hearing
was held as scheduled, before Commissioners Ramstedt and Freehafer, said two caseq
by agreement of all parties in interest, being heard together. Marsh & Logan
appeared at said hearing and will be treated as intervenors in this case.
Findings of fact on the issues raised in said case No.F-140 are
made herein and said findings of fact shall be the basis for an order in said Case
lio.F-140, dismissing same.
At the hearing J.E.Marsh of the co-partnership Hodgen & Marsh,
to whom was issued the certificate of October 28, 19150 testified on behalf of
intervenors, Marsh & Logan. He stated that he had withdrawn from the co-partner-
ship Hodgen & Marsh and that he refused and would refuse to participate in any
way in the construction of the electric plant and system authorized by said
certificate. He showed that intervenors, Marsh & Logan, were the owners of �
water right and power site on Rock Creek about four miles from the said Village
of Rockland where they proposed to install an electric po-aer plant, to build a
transmission line therefrom to the said Village of Rockland, and to construct
a distribution system within said Village for the purpose of serving said Village
and its inhabitants with electric current; also to fu.raish electric service
to residents along and contiguous to their proposed transmission line. These
intervenors made no definite estimates of the capacity of their proposed plant,
cost of constructing same or probable demand for service in the field they proposed
to serve, Mr.Marsh told of showing their proposed site to an electrical engineer
and to some other persons who had constructed electric plants, but no measurements
were taken and no reports were made, and no estimates were submitted except what
appeared to the Commission to be a general guess.
Mr.Marsh thought be could install the entire plant and system for
about 43000.00 and attempted to shot,; that he and his partner were able finan-
cially to build and equip the same, but the testimony on these points wets so indef-

inite as to leave the Commission in doubt on both. These applicants have not
expended any money on their proposed plant or system.
Applicant, Southern Idaho Water Power Company, asked that the Idaho
Power Company, its successor in interest$ be substituted for it in the proceeding,
which request was granted. Applicant showed that it had ample water power and plan
capacity to meet any reasonable or probable demands for electric service, both in
the field it now occupies and in the territory kith it seeks authority to enter.
It introduced exhibits showing the proposed lines and giving detailed estimates
of the cost of same. The estimated cost is 416,800.00. It was also shown that
ap-olicant is financially able to build and equip its proposed extension.
G.B.Hodgen of the co-partnership Hodgen & Marsh showed that he is
the owner of a water right and power site,on Rock Creek about one mile from said
Village of Roc'_cland; that since the issuance of the said certificate to Hodgen &
Marsh he has expended the son of about 42500.00 in securing a site and construct-
ing dam, ditehes , penstock, power house, and in other work connected with his
proposed plant and system. He made detailed estimates showing tna.t it would take
about Q7000.00 in addition to what he had already expended to complete his proposed
plan and distribution system. He showed that the delay in the prosecution of
his work was occasioned by his inability to secure the moiaey necessary for same .
He also showed- that he had at that ti.,ne a prospect of securing funds to complete
his plant and asked teat he be given additional time to secure the necessary funds*
The showing made by Mr-Hodgen as to the extent of his water rights
and the capacity of his proposed power plant was not sufficient to convince the.
Commnission that he could meet the derm.nds for service that would probably be
made upon his plant, but he agreed to install 4 gasoline engine for standby or
supplemental service in the event it became necessary. In Y#ew of the fact that
Mr, Hodgen had spent a considerable sum of money on his plant, as the Commission
believes in good faith, it seemed just to allow him some additional time in which
to a ecure funds to complete his plant and di stribut ion system even though it should
prevent Rockland from getting electric service at as early a date as it might
secure such service from some other source; hence we have delayed a decision in
-4-

this case for about two months. It now appears to the Commission that Mr. Hod.gen
is not able, and has no reasonable pro$pect of being; able to secure the funds
necessary to complete his plant and system, and that the pe ople of Rockland can
not justly be required to wait longer on Mr. Hodgen.
Clyde Hanson, Chairman of the Board of Trustees of the intervenor,
Village of Rockland, appeared on behalf of said Village and testified that at the
last meeting of said Board of Trustees a resolution was passed requesting said
witness to attend the hearing in this case and to ask, on behalf of said Village,
that a certificate of convenience and necessity be granted to applicant Southern
Idaho Water Power Company, or its successor, for the reason that the members of
said Board believe that said Power Company can furnish more adequate service and
at more reasonable rates than either of the local applicants. Mr. Hanson expressed
the opinion that seventy five to eighty per cent of the residents of Rockland
desire such certificate to be issued to said Power Company. Several other witnesses
appeared on behalf of said Village and their testimony corroborated substantially
the testimony of dr. Hanson. All these witnesses stated that they would favor a
local applicant if they believed such local applicant could finance the proposit-
ion and give adequate service, but that they believed that neither of the local
applicants could guarantee adequate service from their proposed plants, and that
Mr. Hodgen was not able to finance his preposition.
Upon careful consideration of all the evidence before it in this
contest, the Commission believes that the best interests of the Village of Rock-
land and its inhabitants will be served by granting the application of the Idaho
Power Company, successor to the Southern Idaho stater Power Comm_ny, for a certi-
ficate of convenience and necessity authottzing it to extend its electric service
to the Village of Rockland and its inhabitants.
The Commission finds:
1. That Hodgen & Marsh, to whom the Commission issued a
certificate of convenience and necessity on October 28, 1915; are not able finan-T
cially to complete the plant and system aathorized by said certificate and that
said certificate sa issued to them should be cancelled and annulled.
-5-

2. That intervenors, Marsh & Logan, have not shown that they
beku 'deliver dlectrio current at the Village of Rockland sufficient to meet the
probable present and future demands of that community for electric service; that
their estimate of the cost of their proposed system is entirely too low and their
available �:ssets, as shown at the hearing, are not sufficient to enable them to
install their proposed plant; and that their application for a certificate should
be denied*
3. That the Idaho Power Company, successor: to the Southern Idaho
►'later Power Company, is and will be able to furnish adequate electric service at
reasonable rates, to the Village of Rockland and its inhabitants; that it is
financially able to m4ke the proposed extension of its transmission lines to the:
Village of Rockland and to install the necessary distribution system therein;
and that its application for a certificate of convenience and necessity should be
granted.
IT 13 HEHEBY CEIUIFIED, That the present and future public con-
venience and necessity require and will require that the Idaho Power Company build
a transmission line from its electric plants and system at American Falls, Idaho
to the Village of Rockland, Power County, Idaho, and construct and operate a dis-
tribution system within said Villageiof Rockland for the purpose of fulm-ishing
electric service to said village and its inhabitants for all necessary and reason-
able demands and purposes.
IT IS :TEE?? ORE 0RFE
1. That the certificate of convenience and necessity issued
to G.B.Hodgen and J.E.Marsh, co-partners 3oing business under the firm name and.
style of Hodgen & Marsh on October 28, 1915, ( Case No. F+-101, Order No. 290
authorizing them to construct an electrical plant and system for the Village of
Rockland, Idaho, be and the same hereby is cancelled and annulled.
2. That the Idaho Power Company be, and it hereby is permitted
and authorized to build a transmission line from its electric plants and system
at American Falls, Idaho, to the Village of Rockland, Power County, Idaho, and to
construct and operate an electric distribution system within said Village of Rock-
land for the purposes hereinbefore set forth.

IT IS FURTHER ORDERED, That said Idaho Power Company, during the
construction of said transmission line and distribution system, and until the same
is finally completed, ]reap a detailed and accurate account of all expeillitures
incident to the construction of the same, and that i-:mediately upon the completion
thereof it file with the Commission its account and report thereon.
Done in open session at Boise, Idaho, this lwth day of December.
1916.
Commissioners.
—7—

BEFORE ': PUBLIC UTILITIES CO'. "ISSION OI IE MILTE OF _MAH0
IN THE 10TER OF THE APPLICATION J
OF TEE MZCTBIC MMT2ENT COLTANNY ) CASE NO.
FOR A, CERTIFICATE. OF COATZ IENCE ) MDER NO. 3 3
Alm NECESSITY FOR AN E=SION TO ) CERTIFICATE
AM WITHIN THE VILLLGE OF KM, )
Alai COUNTY, MAHO. )
TIM PUBLIC UTILITIES COL:11112SION OF THE STATE OF T..,J*AHO 11YEREBY
CERTI VIES M ORDERS THET:
MiER AS there has been filed with this; Conrnission, in proper form
and together with a certified copy of the Certificate of Incorporation of the
Electric Investment Company, said Comren, 's verified Petition applying for a
certificate of this Commission that the prosent and future public convenience
and necessity require the additional service which will be made possible by the
construction, rraintenance and operation of an extension of the said Company's
electrical transmission ane aist^ibution system from the Village of Meridians
dda County, Idaho, to and within The Village of Kuhn. Ada County, Idaho, and
consequently require such const-ruction, minten+ance and operation, and the exer-
cise by the Petitioner, its successors and assigns, of the rights and privileges
which they or an;y of them do now, or shall in the future, hold under any fran-
chises or yermits from :,d.a County, Idaho, <ir_d The Village of Kuna, Ada County,
Idaho, insofar as such franchises or permits shall relate to or be connected
with the construction, meintena.noe or operation of such extension; and,
WEMM&S, the public necessity required an i=mediate hearing upon
such Petition and this Commission has found, after an examination of said
Petition and a sufficient hearing, that the said Petit loner is an electrical
public utility core o rat ion, authorized to do bi:s iness, and doing business in
the State of Idaho; tint said Petitioner in good faith proposes to extend its
electrical transmission and distribution system from the Village of 11eridian,
2Lda County, Idaho, to and within The Village of Kura, Ada County, Idaho; that
insofar as such extension shall lie outside of the corporate limits of munici-
palities, the Petitioner already holds a sufficient franchise from Ada County,
Idaho, covering the route of such extension; that said Petitioner is able,

financially and otherwise, to give good service and adequately to supply the
electrical requirements of said community so proposed to be served; that the
extewlen iq one nooessary in the ordinary course of the Petitioner's busi-
ness, and will bm Into territory not heretofore served 'by any public utility
of a like character to said Petitioner; and that such territory and community
is contiguous to said Petitioner's present lines and system, and is one where
the present and future convenience and necessity require the additional ser-
vice which can be snpplied by said extension;
NOW, TBEItEFORr, this Commission hereby issues this certificate and
order, to take effect upon its issuance, certifying that the present and future
public convenience and necessity require the additional service which will be
made possible by the construction, maintenance and operation by the Petitioner,
C
its successors and assigns, of an extension of the Petitioner's electrical
transmission and distribution system from the Village of Meridian, Ada County,
Idaho, to and within The Village of Kuna, Ada County, Idaho, and consequently
require the construction, maintenance and operation of the said extension and-
require the exercise by the Petitioner, its successors and assigns, of the
rights and privileges which they or any of them do now, or shall in the future,
hold under any franchises or permits from Ada County, Idaho, and from The
Village of Kuna, dda County, Idaho, insofar as such franchises or permits shall
relate to or be connected with tine construction, maintenance or operation of
such extension.
DIi'!'SD and ISSiIED at Boise, Idaho, this /d:y of
1916 � -
--
-_ re ent.
Commissioner.
f commissions'.

BEFORE TBX PUBLIC UTILITIES COMKISSION OF THE STATE OF IIRO,
a i.g$. offlienthe aT.lB�atiOn
Buasell )
of Rogerson, Idaho, for a oertifioate )
of pub lia convenience and necessity CASE NO., F-94�
for the construction of an electrical
heat, light and poorer plant and trans ) ORDER 1T0. 259
mission line in Rogerson, Idaho. )
On July 16fh, 1915, the above named applicants
Filed with_ the Public Utilities COMaission of the State of
Idaho, an application asking that they be granted a aertifioate
that the present and future public convenience and necessity
require and will require the eonstraction of an electrical he*t.,
light aad pourer plant and transmission line at Rogerson, Idaho,
for the purpose of furnishing said town and inhabttmto thereof
electrical current for various uses and purposes.
The application is in due form and sets forth
that there is now no company furnishing such service in Rogerson;
that there is a great demand among the inhabitants for light.,
heat and power; that the applicants have fully arranged for
financing the proposition, coat of which is estimated at fifteen
74undred dollars ($1500 00) .
The applicants have heretofore applied to the
Board of County Commissioners of Twin Falls Counter for a franchise
and right-of-way in$ thru and upon the streets and alleys of the
village of Rogerson for its transmission and distribution lines.
It is proposed to develop parser for maid service
from a thirty-eight foot fall of Water oonveyed thru pipes from
a spring owned and controlled by the applicants, located about
-1-

three-fourthe of a mile from the village of Rogerson.
L traoing showing the source of empply for
obtaining power and of the transmission and d1stribution lines
accompanied the petition.
It appearing from said application that the
petitioners zfik are financially able to construct said system
and that they propose to furnish porter for lighting, heating
and other purposes to the village of Rogerson.. and it further
appearing* from said application and from other facts known to
the Commission, that said certificate should issue, and, it
further appearing that this is not a ease in which a public
hearing is necessary or required, there being no electric system
in operation, in the territory sought to be served;
IT IS THEREFORE ORDERED, That the said applicants,
A. R. McMillan and d. 9. Bussell be amd. they are hereby granted
a eartificate that the present and future public convenience and
necessity require and will require the construction by them
of an electrical transmission plant and system in the village of
Rogerson for the purpose of furnishing to the inhabitants there-
of electrical a-arrant for light, heat and power purposes.
IT IS FURTEO R ORDERRD, That upon said, petitioners
obtaining from the Board of County Commissioners of Thin Falls
County, Idaho$, a franchise to use the highways, streets and
alleys for the construction of said electrical system that a
copy thereof be filed with this Commission.
IT IS FURTHER ORDERED, That said applicants
during the construction of said water system end until sane is
finally completed keep a thorough and accurate account of all
edpendituree made in the construotion of said system and immediately
after its completion file with the Commission its accounts and
report thereon.
-2-

IT IS AMMER ORDERED, That said applicants file
with this Commission a schedule of all rates, tolls, rentals ,
aharges and olassifiaations to be collected or enforced by it
in said town of Rogerson,, together with all,rales, regulations,
aentraote, privileges and facilities which in any manner affect or
relate to each rules, rates, tolls, rentals and classifications
of service, and, that before such applicant shall charge or receive
any aompensation for such service furnished by it, the schadale
aforesaid shall be first approved by the Commission and a aertificate
of sash approval furnished to said appli amt.
Done in open session at Boise, Idaho, this the
3o t$ day of July, 1915.
odm a oners.

i
BEFORE THE PUBLIC UTILITIES C012MISSION OF THE
STATE OF IDAHO.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In the matter of the application
of the Idaho Power & Light Company,
a corporation, for a certificate
of conveninece and necessity for CASE NO. F-74
the maintenance and operation of
electrical service in Canyon and a ORDER NO. 225
Washington Counties, and to the Cities .
of Payette,Emmett, and the Villages .
of Parma and New Plymouth. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The above entitled matter having heretofore been
set for hearing before the Commission at its office in Boise,
Idaho, at ten o' clock A. M., of this day, and the counsel for
said applicant having on this day moved the Commission for an
Order dismissing said application; and,
It appearing to the Commission that there is no reason
why said application should not be dismissed;
IT IS THEREFORE OR'-EKED, ghat the said application be
and it is hereby dismissed without prejudice.
Done in open session at Boise, Idaho this 26th day
of April, 1915 . 7:
-
c r
I
P ti.! SSIOPdi�R3.

BE ORN THE PUBLIC UTILITIES COMMISSION OF THE STATE
OF IDAHO.
-------------------------------- ---
In the matter of the application )
of the Idaho Power & Light Company )
for a Certificate of Convenience ) CASE NO. F-40.
and Necessity. )
------------------------------------
Appearances : Jess B. Hawley and
H.R.Waldo -------- Attorneys for
Idaho Power & bight Co.
S.H.Hays -------- Attprney for
Great :;hoshone and Twin
Falls :'dater Power Co.
ORDER NO. A 14 .
On November 7th, 1914, this Commission rendered
its decision in the above entitled case, denying the applicant
the certificate prayed for. See Order No. 169 . Thereafter a
petition for rehearing was .filed by the applicant on November
28th, 1914, and on December 9th, 1914, an order granting a re-
hearing was made and entered. The rehearing began on the 31st
day of December, 1914, and continued from day to day and finally
concluded on January 4, 1915 . Oral argument was made before the
Commission on Jan. 8 , 1915 , and the matter finally resubmitted.
On April 11, 19149 the Idaho Power & Light Company
filed with the Public Utilities Commission of the State of Idaho
a petition that it be granted a certificate that the present and
future public convenience and necessity require and will require
the construction of electric transmission and distribution lines
and system in the counties of Twin Falls , Gooding and Lincoln,
State of Idaho , and certain cities and villages therein named.

The petition sets forth that the applicant is a corporation or-
ganized and existing under the laws of the State of Nevada and
doing business in the State of Idaho , with its principal -place of
business in Boise , Idaho; and that applicant has complied with all
laws of the State of Idaho applicable to foreign corporations
doing business within the State; that prior to February, 1911, cer-
tain development work had been carried on by one L.L.Nunn and his
associates and predecessors in interest, toward utilizing for
hydro-electric generating purposes the waters of Malade River in
what was then Lincoln County, and now Gooding County, Idaho ; that
the Malade River is a stream of particular value for power pur-
poses , due to its short and rapid course, the uniformity of its
flow and the high temperature of its waters , the same being free
from slush-ice common to most streams in southern Idaho; that
the stream is located conveniently for the distribution of cur-
rent to southern, southwestern and south-central Idaho; is capa-
ble of generating approximately 25 ,000 horse-power of electrical
energy at lower cost than any other stream reasonably adjacent
to the territory; that in February, 1911, the Beaver River Power
Company', a corporation of the State of Colorado , purchased and
acquired of the said Nunn and his associates the water right and
developments of various kinds owned by the latter upon said river,
and thereafter the said Beaver River Power Company continued in
the development of the waters of said river under a permit is-
sued to it by the State Engineer of Idaho on February 22, 1909 ;
that under the terms of said permit one-fifth of the work of di-
version was required to be completed by the 22nd day of August,
1912, and the whole thereof by the 22nd day of February, 1914,
all of which had been done , and the date of the application of
the water to beneficial uss was fixed in said permit at February

229 1918; that under the plan of development two stations were
to be constructed, each with approximately 12,500 horse-power
capacity; that the Beaver River Power Company . carriecd on the
work of development diligently under the terms of said permit, and
in February, 1912, had developed one unit fully installed of 7 ,500
horse-power capacity, and that full water conduit capacity for the
additional unit had been constructed; that while carrying on this
development of water power the said company had also completed a
transmission line from its station westward a distance of about
95 miles to Boise, Idaho , for the purpose of supplying the cities,
towns and villages and their inhabitants of the territory contigu-
ous to said line , with electrical power for all purposes; that
�500,000 had been expended in such development, and the unit afore-
said was put into operation and supplied current along said trans-
mission line in the spring of 1912, and continuously since said
date; that during the spring of 1912, a transmission line of a-
bout twelve miles in length was constructed from the plant afore-
said to the town of Gooding in Lincoln county, now Gooding county,
Idaho, and beginning with May, 1912, continuously since said date
electricity has been furnished for all required purposes of said
city and its inhabitants ; that the reason for the construction
of the transmission line to Boise prior to the construction of
any other transmission line was that it was believed the Boise
market was the largest and most available at the time,
That in August, 1913 , the Beaver River Power Com-
pany sold and transferred all its interest in the said Malade
River development, and all its water rights, transmission lines
and franchises excepting its franchise in Pocatello, Idaho , to
the petitioner, and that the latter is now owner of the said
properties; that to the latter company the State Engineer of

the State of Idaho issued his certificate of final completion
under the water right permit, on the 8th day of March, 1914; that
the petitioner proposes to continue development under the said
permit so that prior to the 22nd day of February, 1918 , it will
have a generating plant sufficient to utilize the full amount of
water appropriated under the permit as contemplated by the peti-
tioner and its predecessors in interest; that the markets of
Boise and Gooding transmission lines are not now extensive enough
to justify the building of plants to be used in connection with
said works of diversion to develop the full amount of power pos-
sible thereunder and will not justify such construction within
several years beyond the tixae allowed under said permit for the
beneficial use of the waters pro,pured thereunder, and that the
Boise and Gooding lines are but a part of the lines planned and
intended to be used in connection with the Malade River develop-
ment; that on the 6th day of May, 1913, the village of Shoshone
granted a franchise to the Beaver River Poorer Company to con-
struct pole and wire lines in the streets of said village with
which to transmit electrical energy to be furnished said village
and its inhabitants; that the latter franchise had been duly
transferred to petitioner, the present owner thereof; that prior
to the granting of said last named franchise and for several
months thereafter the Great Shoshone & Twin Falls slater Power
Company, a corporation supplying said village and its inhabitants
with electricity, charged rates therefor which were highly ex-
orbitant and greatly exceeded the rates charged by the petitioner
and the Beaver River Power Company in the territory by them sup-
plied, and that the service so furnished by the Great Shoshone
& Twin Falls rater Power Company was and still is inadequate and
4.

unsatisfactory to the said village and its inhabitants, and that
said latter company was and still is unable to fully and adequate-
ly supply at reasonable rates the electrical current now needed,
and which will be reasonably required in the future by said vil-
lage and its inhabitants , and that public necessity and conven-
ience require the extension to the said last named village of the
transmission lines of the petitioner, now ending at Gooding, so
that the said village of Shoshone can be supplied by the distri-
bution system of the petitioner.
The petition contains allegations that public con-
venience and necessity, both present and future, demgnd that
applicant be permitted to extend its lines through Twin Falls
county and Gooding county and to the cities of Twin Falls and
Buhl and the villages of Filer and Wendell, basing such allega-
tions on grounds similar to those given for extending its said
lines to Shoshone aforesaid, and alleging that it had obtained
franchises from the proper authorities in said counties, cities
and villages , and had already constructed a main electric trans-
mission line from its plant on the I.1alade River for a distance
of 39-1/2 miles south and east to the city of Twin Falls, passing
through and contiguous to the city of Buhl and village of Filer,
and that said line is now fully constructed, and electricity has
been transmitted thereon to the city of Twin Falls and the City
of Buhl; that petitioner has expended in its distribution sys-
tem at Twin Falls the sum of '"'25 ,000. , and in its distribution
system at Buhl the sum of �10.000. It charges that prior to
petitioner' s entry into said cities with its distribution sys-
tem the Great Shoshone 1 Twin Falls Water Power Company had been
for several years furnishing electrical current to said cities
and their inhabitants.
Copies of the ordinances are attached to the peti-

tion, from whieh •it is disclosed that the franchise of Shoshone
was granted the 6th day of May, 1913 , of the city of Twin Falls
the 29th day of April, 1913, of Buhl the 30th day of April, 1913,
and of Filer the 19th day of May, 1913 . The resolution of the
Board of Commissioners of Twin Falls county is not dated, but
as there is noted in the Proceedings that the Board will adjourn
until May 16th, 1913, it is a fair presumption that the resolution
was adopted either on that date or at some date prior thereto.
The petition has also attached to it a balance sheet
showing the assets and liabilities of the petitioner corporation
and has a map also attached showing the location of petitioner' s
generating plant and the lines of its distribution system. The
petition in all respects seems to comply with the requirements
of the Mules of Practice of the Commission in such cases .
Due notice of the filing of the petition was given
to the authorities of the counties, cities and villages through
which and to which the petitioner purposes to extend its line, and
also to the Great Shoshone & Twin Falls dater Power Company, the
corporation already furnishing electrical current in said fields.
The Great Shoshone and Twin Falls Water Power Co. failed to file
an answer or cross petition to the petition of the applicant.
However,rin the original hearing, the Commission and the parties
interested considered the material allegations of applicant' s
petition as denied and we shall so consider the same in this
rehearing.
This proceeding arises under Section 48 of the
Public Utilities Act, subdivision A.B. and C. , reading as follows;
"SEC. 48. (a) No street railroad corporation, gas
corporation, electrical corporation, telephone corporation
or water corporation shall henceforth begin the construc-
tion of a street railroad, or of a line , plant or system
or of any extension of such street railroad or line , plant

or system, without having first obtained from the
Commission a certificate that the present or future
public convenience and necessity require or will
require such construction; Provided, That this sec-
tion shall not be construed to require any such
corporation to secure such certificate for an ex-
tension within any city' or county or city or town
within which it shall have theretofore lawfully
commenced operation, or for an extension into ter-
ritory either within or without a city or county
or city or town, contiguous to its street railroad,
or line, plant or system, and not theretofore
served by a public utility of like character or
for an extension within or to territory already
served by it, necessary in the ordinary course
of its business; And; Provided, further, That
if any public utility, in constructing or extend-
ing its line, plant or system shall interfere or
be about to interfere with the operation of the
line , plant or system of arxy other public utility,
already constructed, the Commission on complaint
of the public utility clair.iing to be injuriously
affected, may, after hearing, make such order
and prescribe such terms and conditions for the
location of the lines , plants or systems affect-
ed as to it may seem just and reasonable; Pro-
vided, That power companies may, •;Athout such cer-
tificate , increase the capacity of existing gen-
erating plants or develop new generating plants
and r.iarket the products thereof.
( b) No public utility of a class specified
in sub-section ( a) hereof shall henceforth exer-
cise any right or privilege or obtain a franchise
or permit to exercise such right or privilege
from a municipality or county, without having
first obtained from the Commission a certificate
that public convenience and necessity require the
exercise of such right and privilege ; Provided,
That when the Commission shall find, after hear-
ing, that a public utility has heretofore begun
actual construction work and is prosecuting such
work in good faith uninterruptedly and with rea-
sonable diligence in proportion to the magnitude
of the undertaking, under any franchise or permit
heretofore granted but not heretofore actually
exercised, such public utility may proceed, to
the .completion of such viork, and may, after such
completion exercise such right or privilege; and
Provided, further, That this section shall not be
construed to validate any right or privilege now
invalid or hereafter becoming invalid under any
law of this state, nor impair any vested right in
any franchise or permit heretofore granted.
( c) Before any certificate may issue , under
(this section, a certified copy of its articles of
incorporation or charter, if the applicant be a
corporation, shall be filed in the office of the
Comrission. The CommAssion shall have power,
after hearing, involving the financial ability and
good faith of the applicant and the necessity of add-
itional service in the community, to issue said
certificate , as prayed fpr, or to refuse to issue
the same, or to issue it for the construction of

a portion only of the contemplated street railroad,
line, plant or system, or extension thereof, or for
the partial exercise only of said right or privilege
and may attach to the exercise of the rights granted
by said certificate such terms and conditions as in
its judgment the public convenience and necessity
may require."
The above section of the Idaho Public Utility law
is almost a verbatin copy of the California law.
The law is clear that when we adopt the laws of
another state, we also adopt that state' s interpretation of
said law. Our own Supreme Court in the case of Stein vs .,
Morrison, 9 Ida. 426, 75 Pac. 246, laid down the rule as fol-
lows;
"',-Then a statutory or constitutional provision is
adopted from another state , where the courts of that
state have placed a construction upon the language
/,of such statute or constitution, it is to be pre-
sumed that it was taken in view of such judicial in-
terpretation, and with the purpose of adopting the
language as the same had been interpreted and con-
strued by the courts of the state f_om which it was
taken."
:Jee also O'Neill vs 2otvin, 13 Ida. 721 .93 11ac.20;
In re Niday, 15 Ida. 659 , 98 Pac . 845Z
T.Terchants' Protective Association vs . Jacobsen,
22 Idaho 636 ; 127 Pac. 315 .
Having taken our Public Utility Law almost liter-
ally from the California Law, we are presumed to have adopted
also the interpretation theretofore placed upon it by the
California Railroad Commission. In the case of Pacific Gas
and Electric Co. vs Great Western Power Co. , 1 C.R.C.D.20311
decided June 18 , 1912 , ( this being long before our Public
Utilities Law was enacted) at page 209 the Commission said;
" It certainly is true that where a territory is
served by a utility which has pioneered in the field,
and is rendering efficient and cheap service and is
fulfilling adequately the duty which, as a public
utility, it owes to the public, and the territory
8.

is so generally served that it may be said to
have reached the point of saturation as regards
the particular commodity in which such utility
deals, then certainly the design of the law is
that the utility shall be protected within such
field; ,, but when any one of these conditions is
lacking, the public convenience may often be
served by allowing competition to come in. It
has been urged in this proceeding that where a
utility occupying a field has generally served
such field so that the advent of a second utility
would merely serve to divide the business, then
if the existing utility has the ability, if it
choose to do so , to furnish such territory effi-
ciently and at as reasonable rates as can be legi-
timately accorded by the utility desiring to en-
ter the field, even though it had theretofore
charged excessive rates or given inefficient ser-
vice, yet sound economy would require the authority,
which has the power to regulate the rates and ser-
vice of such utility, to require the existing util-
"'ify--Vo furnish such territory adequately and cheap-
ly and to keep the second utility out . Theoreti-
cally much can be said in favor of this contention,
but to attempt to apply it would in practice de-
feat the very intent of the Public Utilities Act
in all cases where utilities did not voluntarily
accord to their patrons those things which are
their due, or, at least, would impose upon the
public authorities the burdexi of forcing such
utilities into a realization of what their proper
relationship to the public is. In times past in
this State efforts on the part of the public au-
thorities to force utilities to give reasonable
rates and adequate service have been met with long
continued litigation, and if the public authori-
ties have at hand an efficient and summary method
of forcing public utilities to accord to their pa-
trons such reasonable rates and adequate service,
then, in our opinion, it is their duty to use it.
If any territory served by an existing utility is
afflicted by such utility with excessive rates or
inefficient service, and a second utility of the
same kind desires to enter such territory, and this
Commission should say to the existing utility "al-
though when you had matters your own way, you lost
sight of your duty to the public , yet we will still
preserve for you this territory in consideration of
your future good behaviour,' in how many instances
does any one suppose a new utility would apply to
enter a territory served -by an existing utility
when the only effect of all its trouble and expense
would be the cheapening of the rate and the im-
provement of the service of sting utility?
And hence if we shouldf"iu -Ghe very first-M—portanY
contested application for a certificate of public
convenience and necessity announce the rule that
where the major portion of a territory is served,
though inefficiently and at high rates, the result
of such application will be merely to put the ex-
isting utility upon its good behaviour, thgn we

`would, in effect, Ip saying to all the offending
utilities of this State, if there be any, "You
may proceed with your present methods until com-
petition knocks at the door of your territory and
only then will you be compelled to do justice," and
we would be saying to every new public utility,"you
will Knock in vain at the door of any field now_
served by a utility." The result would be that old
utilities would keep their territory unspurred by the
fear of competition, knowing always that only when it
was imminent need they prepare to do justice to their
patrons, and the new utilities , having no incentive
)(to apply for permission to go into territory more or
less completely, but inefficiently served, would limit
themselves to new fields within which they would soon,
in turn, assume the same attitude as would be assumed
by the old utilities now doing business within the
State . Rather, do we announce the rule that only un-
til the time of threatened competition shall the ex-
isting utility be allowed to put itself in such a po-
sition with reference to its patrons , that this Com-
mission may find that such patrons are adequately ser-
ved at reasonable rates. By announcing this principle,
we hope we shall hold out to the existing utilities an
incentive which will induce them voluntarily, without
burdening this Commission or ether governmental authori-
ties, to accord to the communities of this State those
rates and that service to which they are in justice en-
titled, and to the new utilities we shall likewise hold
out the incentive that on the discovery by them of ter-
ritory which is not accorded reasonable service and just
rates, they may have the privilege of entering therein
if they are willing to accord fair treatment to such ter-
ritory. We understand the certificate of public con-
venience and necessity to be in this State largely a pre-
cautionary measure. We have already dealt somewhat at
length with the cases wherein we believe competition
should be allowed, even though such competition will
mainly serve to take patrons from the existing utility.
If, however, a territory is completely served and the
utility has , to the best of its ability, given fair
treatment to its patrons , as already intimated, this
Commission will be slow to permit a competitor to come
into its territory. One of the few cases where , under
such circumstances , the competitor will be permitted
to enter the field, will be where the competitor can
adequately furnish the commodity at a rate so much less
than the rate which can be accorded by the existing
utility, that the interests of the public demand the
commodity at the lower rate. -; e are aware that this
may work hardships upon small companies , and we are
likewise aware that the State owes a duty to the small
utility which has ;one into a field and furnished the
inhabitants thereof with a service which would other-
wise have been denied them. !'Then the advent of the new
utility, under such circumstances, will serve, through
legitimate competition, to impair the investment of the
existing utility, the difference in rates which may be
legitimately accorded by the new utility must be so
considerable that the public interest clearly demands
the rendition of the service at the lower rate before

this Commission will be moved to permit the com-
petitor to enter such field, provided always , as
we have already said, that the existing utility,
be it small of great, has been doing its best to
treat its patrons fairly."
The rule above stated was reaffirmed by the California Com-
mission in the case of In re Ora Electric Corporation, 2
C.R.C.D. at page 756, wherein the Commission said:
"This difference, however, exists , in the me-
thod- of working out this policy as between Califor-
nia on the one hand and these other states on the
other - in the other states the commissions have
been very much disinclined to permit new utilities
to enter a field already served by another utility
of like character, even if that utility has not done
its duty to the public. In such a case the other
commissions largely give to the existing utility
its day of repentance and permit it to meet the
improved rates or service of the newcomer, there-
by discouraging the development of new enterprises.
On the other hand, the California Commission, un-
less particular ax circumstances call for a different
method of handling the problem, looks to the exist-
ing utility as of the day when the newcomer knocks
at the door. If the existing utility is at that
tirae found not to be doing its duty to the public ,
the newcomer is permitted to enter."
And also in the case of In re Application of Pacific Light and
Power Company, 3 C.R.C.D. at page 762, wherein the following
language was used:
"It is evident, however, that until the Pao-
ific Sight and Power Corporation made application
to invade this territory, the Newport Beach Elec-
tric Light and Power Company had made little, if
any, effort to improve its service and had not in
any instance reduced its rates. Therefore, under
the rule heretofore laid down by the Commission,
that where upon the application of a corporation
to invade territory served by another corporation,
the corporation occupying the field was found to
be giving poor service at unduly high rates, the
application would be granted, and the corporation
seeking the privileges would be allowed to come in
and compete, this application should be granted."
It is urged that the policy above enunciated, if competition
were permitted, would result in the ultimate consolidation
of competing companies , after a period of more or less fierce
competition, whereafter the consolidated utility claimed
the right in the courts to receive from the public rates

high enough to yield to the company a return on all the property
of the original competitors, including the property which had
been duplicated and a large portion of which had been "junked" .
This objection is imaginary rather than real. This would be
true if "cut throat" competition were permitted and typifies the
condition of affairs before the enactment of the Public utilities
Law.
In the first place , this Commission is given the
right to establish rates of all utilities , and it shall be the
policy of this Commission to see that all utilities will be allow-
ed a just compensation of the value of their property used and use-
ful for the public purpose, they cannot continue to expect the pub-
lic to pay to them rates high enough to yield unreasonably high
returns on the property. So that if a new company should be per-
mitted to enter the territory now served by the Great Shoshone
Company, competition will exist only as to the kind and character
of service to be rendered and the numerous and divers uses to
which electric energy may be applied.
Idaho is a young and growing state, with tremendous
possibilities of development, and it seems against public policy
that' this Conu-Assion should take any step that would tend to tie
up the unlimited undeveloped water power of this state and thereby
retard the development of our resources . The development of this
natural resource , lying at our very doors, should be encouraged so
that the people may enjoy the privileges and comforts which are
rightfully theirs. let us quote again from the case of the Paci-
fic Gas and Electric Co. vs. Great Western Power Co. , supra, at
page 211 thereof:
"Competition does not necessarily become duplication
unless the field covered by a natural monopoly is
completely served. California has just begun her
development. We have no doubt that as a rule in
this state the going in of a second utility will de-
velop a considerable amount of new business , while
leaving an ample field for the existing utility.
Such being the case, the instances wherein this
r!nmmi QQi nn afri l l r7 antr a ncri;i-f, no+,- ^-P wrv-hl i - -^- -

venience and necessity by reason of the fact that
another utility is already in the field will be
comparatively rare. If we had as dense a popula-
tion as exists in some of the eastern states , and
if our territory were supporting practically the
limit o;: its population, and practically all the
territory of this state were covered by the plants
of existing utilities, then under the rule we have
already announced practically the only cases where-
in a second utility would be permitted to compete
would be those cases wherein the present utility
was remiss in its duty to the public. But the
fact that a power line , for instance , crosses a
county and in the immediate vicinity of its line
is distributing electricity for power and light
purposes , certainly could not lead us to con-
clude that the entire territory of such county
was completely occupied by the existing utility.
Kany thousands of horsepower of hydro-electric
energy are now being developed and we have no
doubt that the rapidly increasing population and
the expansion of enterprise within this state will
develop a market which will keep pace with the in-
crease of the supply of this commodity."
If the reasons above specified are sound when ap-
plied to the State of California, they are certainly sound
i
when applied to the developmental conditions of Idaho. We ,
therefore , conclude that the California rule as herein
enunciated is the only rational rule for this Commission to
adopt. Having adopted a rule in this matter, we must next
make the proper application of the facts in this case and
determine if they fall within said rule . there are three
questions which present themselves for consideration, viz:
Y ( 1) iias the Great Shoshone & Diin Falls -Water lower
Company rendering adequate service in the field in question
at the time of the threatened competition by the applicant
herein?
( 2) If the service was adequate, were the rates rea-
sonable?
( 3) Was and is the territory in question completely
served by the Great Shoshone & Twin Falls Water Power Com-
pany?
The evidence shows that the present developed ca-
pacity of all the plants of the Great Shoshone Co. is about

6050 H.P. , with an estii_:ated future capacity of something like
33000 H.P. . This does not include about 2900 H.P. leased from
the `T'nousand Springs Co. and used by the Great Shoshone Co. ;
that the estimated peak load of the company now is something
like 7900 H..P. , leaving o_ 17 750 H.�:. as a reserve , and this was
considered necessary in the operation of a plant of that capa-
city to properly guard against contingencies . So that to take
on any iiore load it would be necessary for the company to add
an additional unit or more. It also appears from the evidence
that the company is now in the hands of a Receiver and it is
contended by the applicant herein, that the Great ahoshone Com-
pany is insolvent and unable to raise more money with which to
increase the capacity of its plant. This question was touched
upon very lightly in the evidence. Mr. 7allace, the Receiver,
explained why the application for Receivership was made. We
shall for the purposes of this hearing, consider the Great Sho-
shone Co. as a solvent , going concern as we prefer to base our
decision upon broader grounds.
It is also urged that the service rendered by the
Great ahoshone Co. was not satisfactor-%. A great nwnber of
witnesses were called at Shoshone , Buhl, Filer and Twin Falls
on this phase of the case, but vie are satisfied from the evi-
dence that the company was giving reasonably good service,
except for heating purposes. We believe , from an economic
stand-point, that electricity is too e'x ensive to be used for
heating purposes . The evidence shows that the only reason why
it is used for heating at all is that during the summer
months the company used quite a large amount of power
for pumping for irrigation purposes in the immediate vicinity
14.

Exceeding 150 kilowatt hours ,per month and less
than 250 ---------------------------- ll¢ per k.w.h.
Exceeding 250 kilowatt hours per month and less.
than 625 ----- ---------------------- 10 IT "
Exceeding 625 kilowatt hours per month and less
than 1,000
Exceeding 1 ,000 kilowatt hours per month ----=- 8V T! "
Minimum lighting rate , per month --------------1.00 a
To those customers burning their connected load
5 hours per day for 30 days a month ----------- 9¢ per k.w.h.
To those customers burning their connected load
10 hours a day for 30 days a month -------- 7¢
Electric signs, minimum charge per month ------ �5 .00.
The above schedule of rates applied to the City of Shoshone,
the City of Twin Falls and the Villages of Filer and Buhl.
These rates remained in effect until January 2nd, 1913 , when
they were voluntarily reduced by the company as follows:
"Residence and Commercial Lighting.
The first 50 kwh at 12 cents per kwh.
The next 50 " at 10 n
The next 100 7 at 8 IT rr "
The next 1000 '_' at 7
The next 4000 at 6 rr rr rr
Above 5200 7 at 5 it IT IT
Minimum charge, V1 .00 per month.
A discount of one cent per kwh. is allowable
on all- residence and commercial lighting bills ,
providing all billEl due the company for all
classes of service are paid on or before the
tenth of the month following that in which ser-
vice is rendered. No bill, however, will be
discounted below :�1.00.'r
On Oct. 140 1913 a complaint was filed with this
Commission by the Village of 'Mendell against the Great Sho-
shone Company, charging discrimination by the said Company
in rates at Mountain Home , Glenns Ferry and Gooding, as against
Wendell and the other southern Idaho towns and cities served
by said Company. An informal hearing was had and the Great
Shoshone Company consented to and acquiesced in the present
rate which was formally ordered reduced by this Commission
on the 23rd day of Pebruary, 1914, as follows:

t
and that this surplus is used in the winter, when not used
Yfor pumping purposes, for heating purposes . The testimony
of Mr. Nunn, touching this subject is as follows :
'%To community can afford long to use electric
power-for heating, for the reason that whatever
may be the cost of developing by water power, there
is not water power in the country to supply the
demands for power, so the development of energy
by steam must become a standard. Now in using
coal for steam, we develop electric energy with an
efficiency of six, eight, or ten percent. To turn
it back into heat it is being used in competition
with heating at an efficiency of fifty or sixty
percent. As a communities use for electricity
for the ordinary purposes encroaches up� the sur-
plus of the company, the heating use of electri-
city must retreat until finally, after the ordi-
nary uses have encroached entirely and absorbed
entirely the capacity of the plant, the heating
has disappeared and given place to the higher
uses of electricity. There are many uses both in
town and on the farm which do not now involve the
use of power, but for which power will soon be
used to great advantage. One thing is certain,
in the solution of this great economic question,
it will be found that in a copA=ity like this
it will not pay to use oil and coal for the pull-
ing of freight trains while we are using the power
from water power for electric heating. It will
pay better to use the electric power for the rail-
road and burn the coal or oil for heating."
We shall, therefore, conclude that the Great Shoshone Com-
pany was and is in a position to render reasonably good ser-
vice to the citizens of the communities in question.
We now come to the second proposition and that is,
were the rates charged by the Great Shoshone Company in the
territory in question reasonable at the time the applicant
company threatened to enter this territory? The evidence
shows that on or about earth 1st, 1908 , the company adopted
the following schedule of rates, to-wit :
"Less than 25 kilowatt hours per month ---- 15� per k.w.h.
_Exceeding 25 it IT 'r P -).nd
less than 40---------- 14¢
Exceeding 40 kilowatt hours per month and
less than 60 ------------------------- 13¢
Exceeding 60 kilowatt hours per month and
less then 150 ------------------------ 12¢ " "

"To cover all charges for service rendered for light-
ing and power in all cities and villages and rural dis-
tricts wherein the company is now doing business, except
the tomns of Gooding, Glenns Ferry and Mountain Home .
Residence Lighting.
9 cents per kilowatt hour for first 20 kilowatt hours.
6-1/2 n It It IT If nelt 20 It TT
5-1�2 n IT if rr rr n 20 rr IT
4 IT If if IT IT ►r 40 it n
3 n if if n IT all &ddi ti onal TV "
The above rates for residence lighting are subject to a
discount of 10 percent if paid on or before the loth of the
month.
Minimum bill 70 cents for 9 kilowatt hours or less , if
bill is paid on or before the loth of the month succeeding
that in which service is rendered; otherwise, the minimum
charge will be �?'1.00 per month.
Commercial lighting.
7-1/2 cents per kilowatt hour for first 50 kilowatt hours.
6 Tr n n if Is next 50 It "
4-1/2 rr n rT n Tr rT 100 IT =�
3_3/4 n 11 Tr n Tr IT 300 it "
3 Tr rr " TT It Tr 500 TT It
2-3 4 it Tr rT rr " n 1000 n
2-. /4 n » IT n n n 1000 iT It
2 It It it It 11 all additional rt
The above rates for commercial lighting are subject to a
discount of 10 percent if paid on or before the loth of the
month."
Afterwardsq to-wit April 9 , 1914 a general order of
this Commission was issued establishing uniform rates for all
territory east of Boise as shown in the following schedule;
"Residence and Commercial Lighting.
9� per Kwh for first 20 kwh per month
8 n n rr next 30 n R R
7 V n rT If IT 40 Tr TV TV
6¢ n It rr TT 50 Tr of TV
5¢ rr rT rr if 100 it IT IT
4g 11 It It rr 200 It Tr if
3¢ if it Tr It 500 u IT n
2X '! 11 11 all- over 94011
Minimum charge Ol.00 per. month.
A discount of 10% is allowed on all monthly bills
if paid on or before the loth of the month following that in
which service is rendered. "

We must assume that this last schedule of rates is
reasonable , otherwise the companies would not have consented
to the same .
The record shows that in the spring of 1912 the
applicant herein, or ,rather its predecessor in interest , con-
structed a transmission line from its station to Boise and
also a transmission line to Gooding, together with distribu-
tion lines in the City of Boise and the Villages of Gooding,
Mountain Home and GlennsFerry and supplied electrical energy
for light and power purposes in said communities from and
after about May lst, 1912, and that the schedule of rates so
established ranged from a maximum of 9� downward. The Great
a
Shoshone Company reduced its rates to the same basis in this
competitive territory. It also appears from the record that
the applicant herein is ready and willing to furnish power
for lighting purposes in the territory in question at a
rate not exceeding a maximum of 9V per K.W.H. ; although the
maximum fixed in the Ordinances of the several cities, towns
rind villages in question was 11V per K.W.H. This territory
was threatened by the applicant herein as early as 1912, ac-
tive steps being taken to secure the necessary franchises from
the various cities , towns and villages in the early part
of 1913. This shows a reduction from a maximum of 15�
in Jan. 1913 to a maximum of 9¢ at the present time . �Ys,
therefore, must conclude that the Great Shoshone Company
at the time the territory in question was threatened with
competition, was not furnishing electrical energy to the
inhabitants of the various cities , towns and villages in
said territory at reasonable rates .

We next come to the third proposition& Was and is
the territory in question completely served by the Great
Shoshone Company? The record shows that the Great Shoshone
has constructed 96.87 miles of rural distribution lines,
scattered over six counties and radiating out from 18 different
cities, towns and villages as distributing centers. From those
facts we can hardly conclude that the entire territory of those
six counties was completely occupied by the Great Shoshone Com-
pany. The California Commission in the case of the Pacific
Gas and Electric Co. vs. Great Western Power Co. , supra, page
212 , said; "But the fact that a power line , for instance, dros-
ses a county and in the irAmediate vicinity of its line is dis-
tributing electricity for power and light purposes , certainly
could not lead us to conclude that the entire territory of such
county was completely occupied by the existing utility."
U Another question urged by the applicant was that the
r�.,,.-Pclaho Power and Light Co. can furnish power more cheaply than
r. the Great Shoshone Co. by reason of its smaller investment.
Evidence was introduced showing the property cost of the Shoshone
Company to be something like : 4,217 ,203.84 while that of the
Idaho Power and Light Co. was .�2,192,009 .20. These figures
mere compiled from the annual reports of the companies filed
with this Commission. This matter of values or cost was very
lightly touched upon and we can hardly give very much weight
to the same. Vie would hesitate considerably before accepting
the same as final in a rate making contest. Fie are satisfied
from the evidence introduced, however, that the Idaho Power
and Light Co. can furnish power as cheaply, if not more
cheaply, than the Great ahoshone Company and that is as far
as vie care to discuss the matter in this case.

We do not wish to be understood as holding, or
intending to hold, that the door of competition will be
thrown wide open in this 03tate ; but, unless it is shorn that
the utility desiring to enter a competitive field can give
such service as will be a positive and material advantage to
the public , it will not be allowed to enter a field already oc-
cupied; PROVIDED always , that the existing utility is furnish-
ing the public in its territory with adequate service at reason-
able rates at the time of the threatened competition. Each
case must be decided upon its own particular merits.
'With the findings above set forth and the views here-
in expressed, the conclusion which must follow is that the
Order heretofore entered in this case on the original hearing,
being Order No. 169 , should be vacated and set aside, and that i
the application of the Idaho Power and Light Company for a cer-
tificate of convenience and necessity be granted.
I1 IS , THEt i'ORE, ORDERED, That Order No. 169 , being
the Order of this Commission made and entered in this case at
the original hearing, be , and the same hereby is vacated and
set aside.
IT IS FURTHER ORDERED, That there be granted and
there is hereby granted to the said applicant the certificate
as applied for in the territory covered in the application.
Tile foregoing opinion and order are hereby approved
and ordered filed as the opinion and order of the Public Utili-
ties Commission of the State of Idaho.

Dated at Boise, Idaho, this 1&th day of January,
1915 .
Commissioners.

i
BEFORE THE PUBLIC UTILITIES COMKIS ION OF THE STATE
OF IDAHOO _
---------------------
In the Matter of the Application of
the Idaho Power & Light Company for Case No . F-40
a Certificate of Convenience and
Necessity,
and
In the Matter of the Application of j
the Clear Lake Power & Improvement Case No . F-48
Company for a Certificate of Convenience j.
and Neoessityb j
ORDER 30. 169
/ On April 110 1914, the Idaho Power & Light Company
filed with the Public Utilities Commission of the State of
Idaho a petition that it be granted a oertificate that the present
and future public convenience and necessity require and will
require the construction of electric transmission and distribu-
tion lines and system in the counties of Twin Falls, Gooding
and Lincoln, State of Idaho, and certain mitiee and villages
therein named. The petition sets forth that the applicant in
a corporation organized and existing under the laws of the
State of Nevada and doing business in the State of Idaho, with
its principal place of business in Boise, Idaho; and that
applicant has complied with all laws of the State of Idaho
applicable to foreign corporations doing business within the
State; that prior to February, 1911, certain development work
had been carried on by one, L. L. Nunn and his associates and /
predecessors in interest, toward utilising for hydroreleotrio
generating purposes the waters of Malade River in what was �.
then Lincoln County, and now Gooding County, Idaho; that the
Malade River is a stream of particular value for pcw er purposes, •
due to its short and rapid course, the uniformity of its flog
rl r

and the high temperature of its waters, the same being free
from slush-ice common to most streams in southern Idaho;
that the stream is looated conveniently for the distribution
of current to southern, southwestern and south-central Idaho;
is capable of generating approximately 25,000 horse-power of
electrical energy at lower cost than any other stream reasonably
adjacent to the territory; that in February, 1911, the Beaver
River Power Company, a corporation of the State of Colorado ,
purchased and acquired of the said gnnm and his associates
the water right and developments of various kinds owned by
the latter upon said river, and thereafter the said Beaver River
Power Company continued in the development of the waters of said
river under a permit issued t0by the State Engineer of Idaho
on February 22, 1909; that under the terms of said permit
one-fifth of the work of diversion was required to be completed
by the 22nd day of August, 1912 , and the whole thereof by the 22nd
day of February, 1914, all of which had been done, and the date
of the application of the water to beneficial use was fixed in
said permit at February 22, 1918; that under the plan of
development two stations were to be constructed each with
i
approximately 12,500 horse-power capacity; that the Beaver River
Power Company carried on the work of development diligently
I
under the terms of said permit, and in February , 1912, had developed
one unit fully installed of 7 ,500 horse-power capacity, and that
full water conduit capacity for the additional unit had been
constructed; that while carrying on this development of water
power the said company had also completed a transmission line from
its station westward a distance of about 95 miles to Boise, Idahop i
for the pu;xpose of supplying the cities, towns and villages and
their inhabitants of the territory contiguous to said line, with
-2-

electrical power for all purposes; that $5009000 had been
expended in such development, and the unit aforesaid Was put
into operation and supplied current along said transmission line
in the spring of 1912, and continuously since said date; that
during the spring of 1912, a transmission line of about twelve
miles in length was constructed from the plant aforesaid to the
town of Gooding in Lincoln county, now Gooding county, Idaho,
and beginning with May, 1912, continuously since said date
electrioity has been furnished for all required purposes of
said city and. its inhabitants; that the reason for the
construction of the transmission line to Boise prior to the
construction of any other transmission line was that it was
believed the Boise market was the largest and most available at
the time$
That in August, 1913, the Beaver River Power Company
I
sold and transferred all its interest in the said Malade River
development, and all its water rights, transmission lines and
franchises excepting its franchise in Pocatello , Idaho, to
the petitioner, and that the latter is now ownel of the said
properties; that to the latter company the State Engineer of
the State of Idaho issued his certificate of final completion
under the water right permit, on the 8th day of March, 1914;
that the petitioner proposes to continue development under the
said permit so that prior to the 22nd day of February, 1918 ,
it will have a generating plant sufficient to utilize the fall
amount of water appropriated under the permit as contemplated
by the petitioner and its predecessors in interest; that the
markets of Boise and Gooding transmission lines are not now
extensive enough to justify the building of plants to be used
in connection with said' works of diversion to .develop the fall

amount of power possible thereunder and will not justify such
construction within several years beyond the time allowed under
said permit for the beneficial use of the waters procured
thereunder, and that the Boise and Gooding lines are but a
part of the lines planned and intended to be used in connection
with the Malade River development; that on the 6th day of May,
19139 the village of Mahone granted a franchise to the Beaver
River Power Company to construct pole and wire lines in the
streets of said village with whioh to transmit electrical
energy to be furnished said village and its inhabitants;
that the latter franchise had been duly transferred to petitioner,
the present owner thereoff that prior to the granting of said
last named franchise and for several months thereafter the
Great Shoshone & Twin Falls Water Power Company, a corporation
supplying said village and its inhabitants with electricity,
charged rates therefor which were highly exorbitant and greatly
exceeded the rates charged by the petitioner and the Beaver River
Power Company in the territory by them supplied, and that the
service so furnished by the Great Shoshone & Twin Falls Water
Power Company was and still is inadequate and unsatisfactory
to the said village and its inhabitants, and that said latter
company was and still is unable to fully and adequately supply
at reasonable rates the electrical current now needed, and which
will be reasonably required in the future by said village and its
inhabitants, and that public necessity and convenience require
the extension to the said last named village of the transmission
lines of the petitioner, now ending at Gooding, so that the said
village of Shoshone can be supplied by the distribution system of
the petitioner.
-4-

The petition contains allegations that public
J,
convenience and necessity, both present and future, demand that
applicant be permitted to extend its lines through Twin Falls
county and Gooding county and to the cities of Twin Falls and
Buhl and the villages of Filer and Mendell, basing such allegations
on grounds similar to those given for extending its said lines
to Shoshone aforesaid, and alleging that it had obtained franchises
from the proper authorities in said counties, cities and villages ,
and had already constructed a main electric transmission line
from its plant on the Malade River for a distance of 39* miles
south and east to the city of Twin Falls, passing through and
contiguous to the city of Buhl and village of Filer, and that
said line is now fully constructed, and electricity has been
transmitted thereon to the city of Twin Falls and the city of
Buhl; that petitioner has expended in its distribution system
at Twin Falls the sum of 025,000. , and in its distribution
system at Buhl the sum of $10,000. It charges that prior to
petitioner's entry into said cities with its distribution
system the Great Shoshone & Twin Falls Water Power Company had
been for several years furnishing electrical current to said
cities and their inhabitants.
Copies of the ordinances are attached to the petition,
from which it is disclosed that the franchise of Shoshone was
granted the 6th day of May, 1913 , of the city of Twin Falls the
29t]x day of April, 1913 , of Buhl the 30th day of April, 1913 ,
and of Filer the 19th day of May, 1913. The resolution of the
Board of Commissioners of Twin Falls county is not dated, but
as there is noted in the Proceedings that the Board will adjourn
until May 16th, 19130 it is a fair presumption that the resolution
was adopted either on that date or at some date prior thereto.
-5-

The petition has also attached to it a balance sheet
I
showing the assets and liabilities of the petitioner corporation
and has a map also attached showing the location of petitioner's
generating plant and the lines of its distribution system.
The petition in all respects seems to comply with the requirements
of the Rules of Practice of the Commission in such oases.
( Du.c� notice of the filing of the petition was given
to the authorities of the counties, cities and villages through
which and to which the petitioner purp+ase3 to extend its line,
and also to the Great Shoshone & Twin Falls Water Power Company,
the corporation already furnishing electrical current in said
fields. Dates for the hearing of the application were agreed
upon by the parties interested, which were aooepted by the
Commission, and the hearing began at the village of Shoshone
on July 27, 1913, and continued from day to day at Twin Falls
and Buhl and finally concluded at Boise on the : 6th day of
August, 1914. Oral argument was made before the Commission
by the respective attorneys on August, 18th, 1914, and the
matter finally submitted.
On May llth, 1914, the Clear Lake Power & Improvement
i Company also filed with the Commission a petition that it be
granted a certificate that the present and future public con-
venience and necessity require and will require the construction
of electric transmission and distribution lines and system in
Twin Falls county, Idaho and various cities, towns and villages
therein, from its plant situated at Clear Lake, Gooding county,
then under course of construction. This petition sets forth
that the Clear Lake Power & Improvement Company is an Idaho
corporation and duly authorized to transact business in the State
-6-

and that its principal place of business is Clear Lake, Gooding
county, Idaho; that its authorised capital is $750,000.; and
then fully sets forth its assets and liabilities and its
financial ability to carry out its plans for constructing its
plant for generating and transmitting electrical energy at and
from the location of its power plant ; that petitioner proposes
to utilize the waters of Clear Lake in the development of its
plant and has obtained permit from the State Engineer for this
purpose, and has in all respects complied with the law in
prosecuting diligently and uninterruptedly the work required
under its permit ; that it proposes to develop and carry upon
its transmission lines eleotro-motive-force of 30,000 volts;
and that it has expended in such development the sum of
$10,841. ;: that its power plant will be located at Clear Lake,
a distance of about five miles north of the city of Buhl and
less than twenty miles northwest of the city of Twin Falls.
It then sets forth the favorable natural conditions attending j
the development of its plant and system by reference to the
volume of its water supply of 1,000 second feet, the temperature
and constancy of its flow, the same being unvarying spring water,
a pipe line of as short a distance as 1,000 feet affording a net
head of 85 feetg and the proximity of its generating plant to
the localities to be served, all combining to produce the
cheapest available power.
The petition then sets forth the readiness and willing-
ness of the applicant to furnish electrical current to its patrons
at a rate slightly reduced from the rate now being paid in the
localities mentioned, and asserts the ability of the applicant
to furnish a more adequate service than that now being supplied.
-7-

-- The petition sets forth that the applicant , if
permitted to furnish the localities in question, will come in
competition with the Great Shoshone & Twin Falls Water Power
Company and the Idaho Power & Light Company, and asserts that
the former which has been serving these looalities for several
years has been at all times wholly unable to furnish good
service and will continue so to be, and that the rates charged
by said company have heretofore been exorbitant and are now too
high. As to the latter company the petition asserts that said
company is unable to furnish said territory with electric current
adequately or efficiently, at reasonable rates.
By the agreement of counsel for the respective parties,
the latter application was heard at the same time and place
am the application of the Idaho Power & Light Company, and testimony
on behalf of said applicants and on behalf of the Great Shoshone
& Twin Falls ZYater Power Company in opposing both applications,
was taken at the same time and plaoe as were also the arguments
submitted.
Messrs. Jess B. Hawley and H. R. laldo appeared as
attorneys for the Idaho Power & Light Company and Mr. H.C.,Wyman
appeared as attorney for the Clear Lake Power & Improvement
Company. Mr. S. H. Hays appeared on behalf of the Great Shoshone
& Twin Falls Water Power Company.
Some light may be thrown on the issues involved
here, by reciting some of the instances occurring as between
the Great Shoshone & Twin Falls Water Power Company on the one
side, and the Idaho Power & bight Company, the applicant here,
and its predecessor the Beaver River Power Company, on the other
side, leading up to the present application
i

for a certificate of public convenience and necessity:On November 22, 1913, the Great Shoshone & Twin
Falls Water Power Company filed before this Commission a complaint
against the Idaho Power & light Company and the Beaver River Power
Company, setting forth that the complainant had for more than three
years preceding the filing of the complaint been engaged in furnish-
ing to the city of Twin Falls and its inhabitants electricity and
electrical energy for lighting, heating and power purposes, thereto-
fore granted it by the council of said city and that it was at the
time furnishing all such energy as was needed or required by the
city of Twin Falls and its inhabitants, and was ready and willing
to continue to furnish the same;
That the Idaho Power & bight Company, by virtue of the
franchise granted on the 29th day of April, 19139 by the city of
Twin Falls to the Beaver River Power Company, its predecessors in
interest, and to which the Idaho Power 8o Light Company claim tofthe
i
�Qn successor, began the construction in the city of Twin Falls of
a distributing system for furnishing light and power to the inhabi-
tants of said city, and was at the time of filing of the complaint
engaged in such work and threatened to carry on the same to comple-
tion so that it might furnish electricity to said city and its
inhabitants;
That neither of the defendants had ever obtained from the
Public Utilities Commission any certificate entitling it to enter
such field and furnish such service and that the action of the said
defendants was unlawful and in contravention of the Public Utilities
Act of the State, and prayed that defendants might be enjoined from
further prosecuting said work or from furnishing electrical current
to the city of Twin Falls and its inhabitants.
The defendants answered the complaint , admitting that the
-9-

Idaho Power & Light Company was prosecuting the work complained
of and that it intended to construct a distributing system in the
city of Twin Falls and furnish electrical energy to said city
and its inhabitants for power and light purposes; that it was not
incumbent upon it to procure the certificate of public convenience
and necessity from the Public Utilities Commission, and that the
Commission had no jurisdiction to grant the relief prayed for by
the plaintiff.
In due time the case was heard before the Commission and
the issue& ably and earnestly contested by counsel for the respective
parties. The defendant, the Idaho Power & Light Company took the
ground that its aots were lawful and that it was not incumbent upon
it to obtain the certificate of public convenience and necessity
from the Public Utilities Commission, for the following reasons:
(1) Because said defendant's rights under the
franchise granted by the city of Twin Falls (which was
granted prior to the date when the Public Utilities Act
became effective) became contract rights within the
protection of the constitutional provision.
( 2) Because the defendants came within the terms
of the proviso of Sea . 48 (a) of said Act which declares:
112ower companies may, without such oertificate,
increase the capacity of existing generating plants
or develop new generatinig- plants and market the products
thereof.°
(3) Because the defendants came within the terms
of the proviso of Sec. 48 (b) of said Act which declares:
"This section shall not be construed to***impair
any vested right in any franchise or permit heretofore
granted."
( 4) Because defendants came within the proviso
in Sea . 48 (b) of said Act which declares:
1117hen the Commission shall find, after hearing,
that the public utility has heretofore begun actual
construction work and is prosecuting such work in good
faith, uninterruptedly and with reasonable diligence
in proportion to the magnitude of the undertaking, under
any franchise or permit heretofore granted but not heretofore
actually exercised, such public utility may proceed to the
completion of such work and may after such completion
-10-

exercise such right or privilege."
On the 18th day of February, 1914, the Commission
rendered its decision and made its order in said case, finding
that the act of the defendant, the Idaho Power & Light Company,
in constructing its distributing system in the city of Twin
Falls was in violation of the Public Utilities Act. The
Commission ordered the said defendant to discontinue the construa»
tion of its distributing system in the city of Twin Falls until
further order in the premises. A motion for rehearing was made
by ,the defendants, and denied. Application was thereupon made to
the supreme court of the state for a writ of review, and the same
was duly prosecuted in the supreme court , and decision thereon
rendered June 27, 1914e This case on review is entitled
"Idaho Power &a Light Company vs. Blomquist , et al, State Public
Utilities Commission" and is reported in 141 Paco , 1683.
In this decision the supreme court fully reviews the
action of the Commission and defines the scope and intent
of the Public Utilities Aato It holds the Act to be constitutional
and clearly determines the administrative powers of the 'Commission.
The orders made by the Commission were affirmed. Reference is
made to this decision for the reason that its interpretation of
the intent and meaning of the Act in question has been the
fundamental guide for us in the conclusion herein reached and
the order hereinafter made.
In an application of this character where one power
company seeks to invade the territory of a similar company and
furnish therein a like service, there is presented for consideration;
( 1) Whether the supply of electrical energy now
furnished by the company in the field is adequate.
-11-

( 2) Has the company in the field discharged its
duty to the public by giving dfficient service at
reasonable rates?
( 3) If either of these features are negatived,
can they be made certain by permitting the applicant to
enter into competition with the existing
company?
th? ? finacic a rnd
oyreaIsosn o acitoesor eneratingpe construct and maintain a plant and system of sufficient
capacity to supply the consumption demanded, at
reasonable rates?
Now let us make such application of the testimony
to these four propositions , accordingly as the same applies to them
respectively:
The sirstem of the Great Shoshone & Twin Falls '67ater
Power Company with its several hydro-oleotric generating plants
now in operation, the present developed capacity, and the estimated
future capacity, can be best set forth in the following table: -
,TABLE NO. I.
Plants ov,med: Present additional Final
Capacity Capacity Develop-
Installed H.P. meat
H.P. H.P.
Shoshone Falls 1800 5200 7000
Lower Salmon Falls 4250 25750 30000
-------------------------
j G
Plants owned by others:
Output Purchased:
Thousand Springs 3400
At the plants which are ovrned by the company the final
development is figured on the basis of the minimum low water flow
which obtains only for a iDeriod of two or two and a half months
annually. During the balance of the year the volume of water
is sufficient to generate at the Shoshone Falls plant 70 ,000
horse-power and at the 1017er jalmon plant about 501000 horse-porter.
It will be found from Table No. I. supra, that the
Great Shoshone & Twin Falls :later Power Company now has a capacity
-12-

for furnishing 9 ,450 horse-power, while the maximum consumption
of its output has reached only 7 ,495 horse-power, leaving a surplus
of 1 ,955 horse-power. It would thus appear that the present
supply of electrical energy furnished by the Great ahoshone dnd
T7in Falls dater Power Company is ample to meet the present
demand in the district where the company is operating, and that
the first proposition can be answered in the affirmative*
As to the facilities of this company to supply future
demands that may be made upon it with the growth and development
of the country, it will be noticed that the company, in construct-
ing its works at the points of their location, has had this
problem in view, has built its dams and has so constructed its
diversion works as to enable it to add new units of generating
machinery when the demand for additional power shall have arisen.
This is noticeable at its plant at Shoshone falls which is capable
of generating 7,000 horse-power, and now has two untts of only
1 ,800 horse-power; also at its plant at Lower Salmon Falls which
is capable of developing 30,000 horse-power; In addition to
these plants, this company also has power site locations at Upper
Salmon Falls , Twin Falls and Auo�ar Falls on the Snake River at
which it is estimated 34 ,000 horse-power can be developed at the
first site mentioned, at the next point mentioned it is estimated
that 4,000 horse-power can be developed; and at the last point
mentioned it is estimated that 2,000 horse-power can be developed.
As to the second proposition: -
"Has the company in the field d is ch.arged its duty
-13-

to the public by giving efficient service, at
reasonable rates?"
Considerable testimony bearing upon this question was offered.
I
It is hardly expected, on account of the number of witnesses
called and examined for this purpose, that the testimony should
be set forth at any length. Taking the testimony ensemble,
it tends to establish such a state of affairs as will be found
in any community served by a large utility having many and varied
features requiring attention and technical supervision, as
pertains to the service involved in furnishing electrical current.
Many of the complaints apply to the failure of the existing company
to furnish current for heating buildings at the beginning of the
season of 1913. The utilization of electrical current for this
purpose, that is for heating residences and other buildings,
seems to have grown out of the fact that the power company has
furnished and is furnishing a large proportion of its output
of current for pumping water for the irrigation of farm lands.
This service, is required only during the irrigation season,
involving less than half the year, and as the service for irriga-
tion is not required during the winter months, a large surplus
of electrical energy left on the hands of the company oantbe applied
toward producing heat at a price which the consumer can fairly
well afford to pay. The value of this surplus energy would be
lost to the company if it were not so applied. 'Je believe, however,
that it is well understood among those engaged in generating eleo- .
trical current , that the application of such current for heating
purposes of this character is not recognized as a legitimate or
Justifiable use of electricity, as the cost of generating it is too
great,when compared with other means and material adopted and used
for heating purposes.
-14-

The testimony of Mr. Nunn, touching this subject
is as follows: -
"No community can afford long to use electric power
for heating, for the reason that whatever may be the
oast of developing by water power, there is not water
poorer in the country to supply the demands for power,
so the development of energy by steam must become a
standard. Now in using coal for steam, we develop
electric energy with an eff-iciency of six eight, or
ten percent. To turn it back into heat It is being
used in competition with heating at an efficiency of
fifty or sixty percent. As a commpnity' s use for
electricity for the ordinary purposes encroaches upon
the surplus of the company, the heating use of
electricity must retreat until finally, after the
ordinary uses have encroached entirely and absorbed
entirely the capacity of the plant, the heating has
disappeared and given place to the higher uses of
electricity. There are many uses both in town and onj
the farm which do not now involve the use of power,
but for which power will soon be used to great
advantage. One thing is certain, in the solution of
this great economic question, it will be found that in
a community like this it will not pay to use oil and
coal for the pulling of freight trains while we are
using the power from water power for electric heating.
It will pay better to use the electric power for the
railroad and burn the coal or oil for heating."
The complaint in respect to heating was apparently
accounted for by reason of the financial failure of what is
known as the "KUhn interests" , of which the system at that time
was a part* The managers of the existing company, by reason
of this failure were unable to procure means to install the necessary
apparatus for furnishing current for heating to the buildings in
question. Some of the complaints against adequate service came
from farmers who desired power for various purposes connected with
their farming operations. In some of these instances it occurred
to us that the demands of the farmers were unreasonable in that
electrical current could not be transmitted to their farms without
involving an expense entirely disproportionate to the revenue
which would be obtained from the service furnished. Some of
the complaints can be attributed to the acerbity of temper
-15-

exhibited by the customer and employee of the company when
differences arose and were being discussed, Many of the
complaints were trivial, Perhaps just as many patrons and
customers of the company testified as/the efficiency of the
service and showed by their attitude that the same had been
generally satisfactory, We imagine that it would be a very
rare case where a utility of the magnitude of the existing
utility here, with its many distributing points, its great list
of customers and the diversified uses to which its output is
applied, if there would not be found many complaints against
the service furnished. As the management of such a utility
involves the employment of many individuals it cannot be expected
that the administration of its affairs would be absolutely
perfect, The frailties and short-comings of human effort in
whatever walk of life, are not removed when men are engaged in
the service of publio utilities. The record shows that the
existing company has made commendable effort to serve the loc slity
in which its plants are located. It has extended its lines to
small villages and communities, involving much expense to reach.
It has encouraged the development of farm interests by stretching
its lines to remote points where pumping of water has been
necessary to reclaim desert places; it has furnished eleotric*l
energy for power and ,,lighting purposes to the farmer located not
too remote from its lines, and where the same could be done without
involving an expense that was prohibitive; and, upon the whole,
its course and policy has been as free from criticism as could be
expected under the circumstances.
Prior to the organization of the Public Utilities
Commission of the State of Idaho until the first day of February,
1914, the existing company was charging for lighting and cooking
-16-

service according to the schedule of rates as set forth in
the following table: -
TABLE NO. II.
Residence and Commercial Lighting:
First 50 kw-he at 12 cents per kw-h.
Next n tt it 10 tt it n
Next 100 n is 8 11 tt it
Next 1000 n " 7 tt tt tt
Next 4000 n tt 6 n it n
Above 52000 kw-he at 5 It
it 't
lvrinimum charge - 01.00 per month.
A discount of one cent per kw-h. is allowable on all
residence and commercial lighting bills, providing all
bills due the company for all classes of service are paid
on or before the loth of the montli following that in which
sertioe is rendered. No bill, however, will be
discounted below �1.00.
Domestic Cooking:
A rate of 2k� per kw-he applies to this class of
service when the connected load in cooking appliances
equals or exceeds 2000 watt .
A minimum charge of y1.50 per month.
No prompt payment discounts.
Small heating and single phase motor appliances may
be used on this circuit , but ommot be considered as a
part of the connected load in obtaining the benefit of
this schedule.
Vlhere the connected load in cooking appliances is
less than 2000 watts, schedule E applies.
By order of the Commission of February 23,
19140 the schedule of rates put in force is shown in the following
table:
TABLE III.
Residence and Commercial Lighting:
9¢ per kw-h. for first 20 kw-h. per month
8¢ it if n next 30 n n n
7¢ n IN n tt 40 n if n
6V. n tt n n 50 n n tt
5V n u n n 100 n n n
4V n n n n 200 it it n
V n tt n n 500 n n tt
2 n n n all over 940 kw-h, per month.
-17-

Table III, oont' d.
Minimum charge 01.00 per month.
A discount of 10% is allowed on all monthly bills if
paid on or before the loth of the month following that
in which service is rendered.
Domestic Cooking:
3V per kw-h. for first 50 kw-h. per month.
Q.2¢ all over 50 kw-h. per month.
Minimum charge Ol.00 per month.
A discount of 10% is allowed on all monthly bills if
paid on or before the loth of the month following that in
which service is rendered.
This order was made without any investigation
as to the investment of the company or its earnings, and when
it was suggested to the company that such an order should be
made the company acquiesced therein and permitted the Commission
to make such order without investigation. The applicant alleges
that the acquiescence of the existing company in the rate so
established was due to the threatened competition growing out of
applicant' s activities. Applicant further asserts its ability
to reduce the rates below even what they are now, if it is given
the opportunity to furnish service, and that by reason of its
superior facilities it will be able to do so.
This assertion of what the applicant will do
if permitted to enter the field is not inconsistent with what it
naturally would do should it enter the field in the absence of
any authority to control or regulate it. Uhen one company enters
the locality occupied by another, the usual sequence is the cutting
of rates on the part of both in order to procure on the one hand a
k
part, or all %the patronage then enjoyed by the existing company;
NI
and, on the other hand the efforts of the existing company to hold
its patronage. This is what, in common parlance, is termed
"cutthroat competition" and is recognized in this day as a palpable
-18-

evil and which the statute was intended to suppress. So that
the profit held out by the applicant, alluring as it may be,
should not so becloud our view as to cause us to lose sight of
the usual disaster which follows such a fair beginning, and
which experience has shown invariably results in a monopoly of
ownership with a duplicate investment.
The applicant alleges in its petition that
it is able to supply electricity at lower prices than the Great
Shoshone & Twin Falls Water Power Company is able to do. It �
bases this assertion upon its ability to generate electrical
i
power at less cost, and its ability to distribute the same at
a less expense, owing to the more favorable location of its
a
generating system and its higher efficiency in the management
t
and conducting of its business. It presents a statement of the
relative cost of the two power systems in question and invokes
I
the 6ommission to compare these statements sustaining the
allegation in this respect.
From the table of figures offered by the
applicant showing the costs of the two systems, much of it having
been obtained from reports of the two companies returned to this
Commission and to the Tax Commission, it is quite impossible for
us to determine even approximately the cost of the respective
plants and the money invested up to the present state of their
development .
In the location of the plants operated by
these companies, respectively, and their proximity to the fields
in question, there apparently is no great degree of advantage which
the one has over the other. The plants of the Great Shoshone
& Twin Palle Plater Power Company are located on the Snake River,
and have for their supply a never-failing source. The plant of
-19-

the applicant company is located on the Malade River which in
likewise a stream of uniform source of supply. The cost of
development of either of these streams should not vary in any
very great degree and as the distance in transmission is not
widely variant ( the advantages perhaps being with the Great
Shoshone & Twin Falls Water Power Company) the cost of dis-
tribution should not materially differ.
It appears from the table of figures
offered by the applicant, showing the relative investment of
the two companies that the investment of the Great Shoshone
& Twin Palle Water Power Company exceeds in a large sum the invest-
ment of the applicant company; but when we take into consideration
the fact that the former company has constructed its plant,
having in view future development, which cannot be denied as the
exercise of good Judgment based on an economical method of
development, and when we further take into consideration the
number of cities and villages supplied by the latter company with
its extensive mileage of wire limes ( the same being more than double
that of the applicant company) and when we also consider the
superior quality of material used in the construction of the lines
of the latter system, we are unable to yield to the assertion
of the applicant that it has the airility to furnish the service
at a cheaper rate than the same can be furnished by the existing
company.
In the table aforesaid, presented by the applicant,
the cost of partially developed plants owned by the existing
company is given. If the Commission were making an investigation
of the investment of the existing company with a view of establishing
rates to be charged, while it would give, no doubt, some consideration
to the plant already in operation
-20-

with partial units and with completed development work for
additional units---it would not consider expenditures made at
other power sites from which at present no service is afforded.
As to the ability of the existing company
to develop its plants in the future and to be equal to the
,I
demands that may be made upon it from time to time for additional
supply of electricity, it is quite as fair for us to presume
that the existing company, with "its large investment covering
the extensive field that it does will have such credit ( if the
exercise of its credit shall become necessary) to procure the
necessary means for such additional development, as it is to
presume that the applicant company will also possess such ability.
From the findings and reasons above given
it is not necessary to consider the third and fourth propositions
heretofore set out.
Then, there arises the all-important question
embraced within the statute under which this application is made -
this is - whether the present or future public convenience and
necessity require or will require the construction of the appli-
cant' s system in the field now occupied by the existing company.
This question has been the source of notable perturbation in the
localities where competititon between public utilities has been
sought and promised. It has been provocative of much political
agitation and misunderstanding. It has been declared to be the
aegis for a ruthless monopoly bestowed by the legislature and
administered by the Commission. Much publication and pam-
phleteering has been current, warning people against the encroach-
ment of policies destined to foster monopoly, to hinder the
-21-

development of the resources of the State, and which will
assuredly eventuate most direfully against the interests of the
people. This, too, in the face of the fact that nearly all
the states have adopted laws for regulating utilities containing
provisions, similar to those found in our statute, with a well
oonsidered meaning, as defined by the courts and Commissions of
these states in which the policy or scope of the law has been
in question. Can it be said that the legislature in enacting
this statute meant to leave utilities of this nature with a free
hand to enter fields for their activities Just as they had done
before the law was adopted? Is there anyone so presumptions as
to affirm that the legislators were ignorant of the effect of
the law upon the restraint of competitive service among public
utilities? Is there anyone so sordid as, measuring the pa rsonnel
of the legislature after his own standard, to charge that it
enacted the statute to promote monopolies and thwart the best
interests of the people? It is hard to conceive of such anomaly—
of such aspersion. The legislature of Idaho, profiting by the
experience and wisdom of the older states which had the law in force
for a time sufficient for its test , adopted the statute and meant
to give it all the virtue and effect that had been conferred upon
it by the long line of rulings in these states. As was well said
by the supreme court of the state of Idaho in the case of the Idaho
Power and Light Company vso Blomquist, supra:
"The Act was intended as a substitution for the
control of public utilities by competition."
And, as was said by the supreme court of Massachusettes in the case
of Weld vs. Gas & Electric Light Commissioners, 197 , Blass., 556,
84 Now. , 1010 which was quoted by our own supreme court in the case
above referred to:
-22-+

"In the first place, in reference to this
department of our service, we have adopted in this
State, legislative regulation and control as our
alliance against the evil effects of monopoly,
rather than competitive action between two or more
corporations, where such competition will greatly
increase the aggregate cost of supplying the needs
of the public* perhaps cause other serious
inconvenience the State, through the regularly
constituted authorities, has taken complete control
of these corporations, so far as is necessary to
prevent the abuses of monopoly."
While we do not deem it necessary or impor-
tant to quote from any other authorities than our own supreme
court which in the decision above referred to has so elaborately
collected the rulings of other courts and which has so oomprehen-
sively construed and defined the intent of the legislature
embodied in the statute, we cannot refrain from calling attention
to a recent decision made by the Wisconsin Railroad Commission,
dated March 27 , 1914, in the case of City of Sheboygan vs.
Sheboygan Railway and Electric Company, cited in Commission
leaflet Tdo . 309 1474. 3s is well known, the Wisconsin Commission
has been in active service for a great many years and is distinguished
for its ability and fairness. In the case cited, wherein applica-
tion was made for a certificate of public convenience and necessity
for the construction of a municipal electric light plant, to enter
the field then occupied by a similar plant , the Commission said: -
"The attitude of the Commission toward applications
made for certificates of convenience and necessity to
duplicate existing plants is well known. It rests upon
the recognized fact that an existing plant can be made,
under proper regulation, to give the public better service •
at a lower cost than can competing plants. It requires
no argument at this late day to prove that competing
utilities in any municipality add to the service burdens
of the public rather than lessen them."
Much stress is laid by counsel for the applicant, on the attitude
of the existing company toward the public in charging unreasonable
rates for its service prior to the date of the threatened competi-
-23-

tion of the applicant. We are aware that some of the Commissions,
notably that of California, have made this as a ground for per-
mitting the second utility ta, enter a competitive field. Under
certain circumstances such a policy might be justifiable and yet
the dominating thought, we apprehend should be, Will the public
be benefited by reason of the competition? Of what avail will it
it be to punish the existing company by injuring its investment
through competition, merely by reason of the fact that therein fore
it had been unfair with its customers, but now through the orders
of the Commissionlcan be regulated and can be made to charge only
reasonable rates? It is .quite characteristic of all utilities
where there is no law or regulating power to adjust the rates
charged, to demand and receive all that the "traffic will bear" .
Prior to the enaotment of the Public Utilities Act of this state
there was no law regulating the rates to be charged by utilities
in this state. Most of the Commissions have followed the rule
that it is the best policy to first give the existing utility an
opportunity to show that it can give adequate service in a aces
where it, has theretofore been derelict, and to lower its rates
in cases where they have been excessive or unreasonable.
Quoting again from the Wisconsin decision,
supra; -
"In the case under consideration there are reasons
for not granting the application, additional to the
recognition of the general principle that two competing
or non-competing utility plants are more expensive to the
public than one plant* As has already been noted, the
respondant company has changed owners, since the application
of the petitioner was filed, and the new officers have
expressed a desire to install at once a complete new
lighting equipment adequate to meet the city` s demands
for a higher quality of service. In view of this expressed
desire, and until such new equipment has been installed
and the service under the new conditions tested it would
be unjust to the city to burden it with the cost of a new
lighting plant as well as unfair to the new owners of the
present lighting plant ."
0A_

There is but little doubt in our minds
as to the ability of the existing plant to furnish adequate , i
I
aervioe to its patrons: in the localities in question. While
the rates heretofore charged by it were thought to be excessive
and unreasonable, as we have before said, it acquiesced in the
suggestion of the Commission that its rates be reduced and its
managers have at all times expressed a willingness to comply with
the orders of this Commission in other matters pertaining to its
service and management.
Suppose the Commission should grant this
application, permitting the applicant company to enter the fields
now occupied by the existing company, wherein would the public
interest be enhanced,, The existing company now has ample
facilities for serving the fields in which its plants are located,
and has initiated further development, some of which require but
little additional investment to amply supply the demands that will
be made upon it in the future, so far as we can now see. If
the applicant, `•rith its large investment , should now be permitted
to enter such a field, the result is that a duplication of investment
is involved under such conditions as the statute was intended to
avoid. '
The applicant called many witnesses for the
purpose of showing the public sentiment in the city of Shoshone#
Buhl, and Twin Falls, in favor of the competition that would result
if applicant were permitted to establish its service therein.
In Shoshone, the sentiment was perhaps equally divided, while in
Buhl and Twin Falls it was unanimously in favor of competition,
in so far as the sentiment was expressed by the testimony of such
witnesses. It is proper for the Commission to recognize and give
force to public. sentiment in matters where the public itself is
-25-

I
involved, and while we are far from acting indifferently toward
public sentiment, or refusing to give all due recognition to its
. significance and respect , yet, the law and its meaning, as
defined by the supreme court of the state , is our first master,
which we must follow, as the light is given us to do so,
In a recent case rendered December 31, 19139 by
the Indiana Public Service Commission, published in Commission
leaflet No. 279 at page 42, in re: petition of Timmons for
certificate of convenience and necessity, Francisville , Ind. ,
that Commission, after referring to the statute which will be
seen contains the same language as the statute here involved,
says: -
"The clear meanie; of this language is that this
Commission may not in a case similar to this one authorize
a municipality to grant a license, Permit or franchise
until after public hearing, to determine that for the
convenience of the public a necessity exists for a
second or additional utility to engage in a similar business
or furnish a similar service. This is more than a mere
demand b7T some of the citizens for another utility.
The statute is not intended to, and does not leave the
matter of issuing such declaration to the discretion of
the Commission. The fact must be found that an additional
teleephone plant iE- sv e tVou d e a public convenience
and that a necessity exists for the establis zm-ent o suci-
a plant.,
The existing company is the pioneer electric
company in all the localities in question here. It went int o
these localities and took its chance with the growth and development
along with other investments made by those whom it served. At
the time it entered these fields there was no restraint upon it
as to the rates it should charge, The State has now deprived
it of this prerogative.
Quoting from the decision of our supreme
court again: -
"The State , having taken array the rights of such
corporations to fig their own rates , an! having assumed
8u sor �er over th service in any material particular,
u i 10 �o � e same sort of a safe-guard for Chase
t�h urnigh the money to construct the system, and the
-2g-

State has attempted to meet this situation by providing
that the utility already in the field shall have that
field unless public necessity and convenience require
an additional utility, and whether the public
convenience and necessity require an additional utility
is an administrative matter left with the Commission to
ascertain and determine under supervisory power of the
court. The law relating 'to public service . should be
based upon the public needs , rather than on the desire
of any corporation to serve the public. The purpose
of such laws should be to promote the common welfare and
equally to protect the parties who furnish the money for
the erection of the plant and those who use its product."
Suppose the applicant company should enter
the cities to which it seeks to furnish service. It could go
into these cities and vil']e,gee that give promise for the most
profit and leave the service now being furnished by the existing
company which is less profitable, and it is now difficult for
us to see wherein this Commission could compel the applicant
to divide the unprofitable service with the existing company
unless at the request of the consumer or under other circumstances
which do not now appear clear to us. As was said by the Idaho
supreme court in the case above referred to; -
"Another corporation might thereafter construct
its plants and lines into the profitable markets of
such company (meaning the company in the field) and thus
compete for the most desirable business. In this way
it might take the cream of the business at the very
least expense and cripple the company that was furnishing
the Commodity to the more extensive field."
Vie have thought quite seriously of what
virtue should be given to the promise of one company seeking
to enter a competitive field---that it Mould give cheaper and
more adequate service than its competitor, when, as a natter
of fact the facilities of the two companies were about similar
and .the investment and cost of maintenance of the two about the
same. What assurance has this Commission or the people to be
served, that such a promise would be kept and complied with?
Has not experience taught , and do not commentators who have
been most assiduous in their research all iterate and reiterate,
-27-

i
that in competition of this kind there are but few, if
any, instances of longevous character. As was said by our
supreme court, supra: -
"Experience shows that there could never be any
permanent competition in matters of this kind."
As was further said by the supreme court
in the case above cited, "There can be no effectual regulation
in cases of this character where competition is allo-;red."
This Commission has had some experience,
in the short time it has been in existence , with electrical
companies which are temporarily in competition, pending an interim
to determine which of the companies will eventually absorb and
control the other. There is scarcely a week passes without
there being referred to us the complaint of the one against
some undue practice adopted by the other to secure patronage .
These companies, recently, have had a well organized division of
canvassers going from house to house and there besieging consumers
with the alleged advantages of their respective facilities , in
order to induce the change of patronage from one to the other•
One of the managers of these companies reported to this Commission
very recently that the two companies, in his opinion, were expending
�3,000. per month for the services of these solicitors , which creates
a useless expenditure and is necessarily a loss to the companies,
or for which the public is having to pay.
Much reference has been made during the course
of these proceedings in the effect of the policy of the Commission
( should it fail to allow the application for a certificate of
public convenience and necessity) in retarding the development of
the state' s resources. In view of the decision of the supreme
court above referred to , titre cannot see that the policy of the law
in this respect can be submitted for our question, and counsel
-26-

will have to be referred to that forum for further consideration
of such policy. We imagine , however, that should this be done
the supreme court will again refer applicant to the state
legislature for the deliberations of that body. It may be that
the latter body shall conclude that the state of Idaho, comparatively
nouveau-ne, has not yet coached the stage when it can take on the
panoply resorted to by the older states, deemed to be a protection
against uncontrolled and unregulated public service corporations---
that the state is too young to be assaulted with harmful intent
and that her domain may continue to be a playground in which such
corporations may revel, with no hand to molest or make them afraid.
The law may be incongruous with the best
interests of the state, It is, or it is not. In its
application it was not intended to be of the character with which
a trial balance could be struck. Its virtues were not intended
to be neutralized by its vices. Its problems were not tobe solved
upon the theory that results would be obtained by a process of
cancellation. -The numerals representing its percentage of worth
must bu14 largely on the upper line ; otherwise, it should not
exist. As it follows the best thought as contained in the
statutes of older states , and as tested by experience, it will be
hard to decapitate it or even to seriously emasculate it ,without
killing it. These are questions for the legislature which will
soon convene. Until, however, the law is repealed or modified,
with its meaning now defined by the supreme court, we cannot see
wherein we are permitted to change the views heretofore expressed
in the oases involving the section of the statute in question,
which have come before us .
We have not undertaken to advert to the claim
of the applicant to extend its lines into- the fields in question
by reason of the franchises it had obtained from the counties ,
-.�9 r

aities and villages it sought to enter. These franchises
were obtained after the Public Utilities law had been enacted
and during the interim between the date of its passage and the
date of its going into effect . The question of its rights
claimed under these franchises has been fully determined by the
supreme court in the case of the Idaho Power & light Company
vs. Blomquist, et al, hereinbefore cited.
We have, therefore, considered the application
only upon the question of whether or not public convenience
and necessity require or will require the construction of
applicant' s system in the localities set forth in the petition.
As to the application of the Clear Lake
Power & Improvement Company, submitted at the same time in this
hearing, what has been said herein with reference to the applica-
tion of the Idaho Power & Light Company will apply to that of the
Clear Lake Power & Improvement Company. Uhile the application of
the latter company for a certificate does not extend to so great
a field, the territory which it seeks to enter is embraced within
that sought by the Idaho Power & Light Company and which. is now
served by the Great Shoshone & Twin Falls `;later Power Company.
In some respects, perhaps, its application is as meritorious as
that of the Idaho Power & Light Company and if indeed the competi-
tion were going to be permitted we can see but little reason why
it should not be extended to all alike and the bars thrown down
for all that may apply. This would involve the query, -,;hy the
law at all?
With the findings above set forth and the
Views herein expressed, the conclusion which must follow is that
the application of the Idaho Patrer & Light Company and the
application of the Clear lake Power & Improvement Company herein
-3fl-

i
must be denied, and their petitions, respectively, dismissed;
and,
IT IS SO ORDERED.
Done in open session at Boise, Idaho, this the
7th day of November, 1914.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Commissioners.
i
-31•-

BEFORE THE PUBLIC UTILITIES COBMIS�ION OF THE STA13
OF IDAHO C _ �F
In the Matter of the Application of )
the Idaho Power &s light Company for } Case No. P-40
a Certificate. of Convenience and )
#eaessit7, } f
and } l
) 1
In the Matter of the Application of )
the Clear lake Power & Improvement } Case No . P-48
Company for a Certificate of Convenience )
and Neoessity, _ )
----------------------
ORDER NO. 169
/ On April 11, 19140 the Idaho Power & Light Company
filed with the Public Utilities Commission of the State of
Idaho a petition that it be granted a certificate that the present
and future public convenience and necessity require and will
require the construction of electric transmission and distribu-
tion lines and system in the counties of Twin Falls, Gooding
and Lincoln, State of Idaho, and certain cities and villages
therein named. The petition sets forth that the applicant is
a corporation organized. and existing under the lays of the
State of Nevada and doing business in the State of Idaho, with
its principal place of business in Boise, Idaho; and that
applicant has complied with all laws of the State of Idaho
applicable to foreign corporations doing business within the
State; that prior to February, 1911, certain development work
had been carried on by one, L. L. Nunn and his associates and
predecessors in interest, toward utilizing for hydro-electric
}
generating purposes the waters of Malade River in what was
then Lincoln County, and now Gooding County, Idaho; that the
Malade River is a stream of particular value for power purposes,,
due to its short and rapid oourse, the uniformity of its flow
rl�

and the high temperature of its waters, the same being free
from slush-ice common to most streams in southern Idaho;
that the stream is located wonveniently for the distribution
of current to southern, southwestern and south-central Idaho;
is capable of generating approximately 25,000 horse-power of 1
electrical energy at lower cost than any other stream reasonably
i
adjacent to the territory; that in February, 1911, the Beaver
River Power Company, a corporation of the State of Colorado ,
purchased and acquired of the said Buns and his associates
the water right and developments of various kinds owned by
the latter upon said river, and thereafter the said Beaver River
Power Company continued in the development of the waters of said
i
river under a permit issued to 3y the State Engineer of Idaho i
on February 22, 1909 ; that under the terms of said permit
one-fifth of the work of diversion was required to be completed
by the 22nd day of August, 1912 , and the whole thereof by the 22nd
day of February, 1914, all of which had been done, and the date
of the application of the water to beneficial use was fixed in
said permit at February 22, 1918; that under the plan of
development two stations were to be constructed, each with
approximatel.y 12,500 horse-power capacity; that the Beaver River
Power Company carried on the work of development diligently
under the terms of said permit, and in February, 1912, had developed
one unit fully installed of 7 ,500 horse-power capacity, and that
full water conduit capacity for the additional unit had been
constructed; that while carrying on this development of water
power the said company had also completed a transmission line from ,
its station westward a distance of about 95 miles to Boise, Idahoq
for the purpose of supplying the cities, towns and villages and
their inhabitants of the territory contiguous to said line, with
-2-

i
electrical power for all purposes; that $500,000 had been
expended in such development, and the unit aforesaid was put
into operation and supplied current along said transmission line
in the spring of 1912, and continuously since said date; that
during the spring of 1912, a transmission line of about twelve
miles in length was constructed from the plant aforesaid to the
town of Gooding in Lincoln county, now Gooding county, Idaho,
and beginning with May, 1912, continuously since said date
electricity has been furnished for all required purposes of
said city and its inhabitants; that the reason for the
construction of the transmission line to Boise prior to the
construction of any other transmission line was that it was
believed the Boise market was the largest and most available at
the time;
"I That in August, 1913, the Beaver River Power Company
sold and transferred all its interest in the said Malade River `{
development, and all its water rights, transmission lines and I
franchises excepting its franchise in Pocatello, Idaho, to
the petitioner, and that the latter is now ownel of the said
properties; that to the latter company the State Engineer of
the State of Idaho issued his certificate of final completion
under the water right permit, on the 8th day of March, 1914;
that the petitioner proposes to continue development under the
said permit so that prior to the 22nd day of February, 1918,
it will have a generating plant sufficient to utilize the frill
amount of water appropriated under the permit as contemplated
by the petitioner and its predecessors in interest; that the
markets of Boise and Gooding transmission lines are not now
extensive enough to justify the building of plants to be used
in connection with said works of diversion to .develop the full
-3-

amount of power possible thereunder and will not Justify such
construction within several years beyond. the time allowed under
a
said permit for the beneficial use of the waters procured j
thereunder, and that the Boise and Gooding lines are but a
part of the lines planned and intended to be used in connection
with the Malade River development; that on the 6th day of May,
1913, the village of 3hozh,one granted a franchise to the Beaver
River Power Company to construct pole and wire lines in the
streets of said village with which to transmit electrical
energy to be furnished said village and its inhabitants;
that the latter franchise had been duly transferred to petitioner,
the present owner thereof; that prior to the granting of said
last named franchise and for several months thereafter the
Great Shoshone & Twin Falls Water Power Company, a corporation
supplying said village and its inhabitants with electricity,
charged rates therefor which were highly exorbitant and greatly
exceeded the rites charged by the petitioner and the Beaver River
Power Company in the territory by them supplied, and that the
service so furnished by the Great Shoshone & Twin Falls Water
Power Company was and still is inadequate and unsatisfactory
to the said village and its inhabitants, and that said latter
company was and still is unable to fully and adequately supply
at reasonable rates the electrical current now needed, and which
will be reasonably required in the future by said village and its
inhabitants, and that public necessity and convenience require
the extension to the said last named village of the transmission
lines of the petitioner, now ending at Gooding, so that the said
village of Shoshone can be supplied by the distribution system of
the petitioner.
-4-

The petition contains allegations that public
D.
convenience and necessity, both present and future, demand that
applicant be permitted to extend its lines through Twin Falls
county and Gooding county and to the cities of Twin Falls and
Buhl and the villages of Filer and Mendell, basing such allegations
on grounds similar to those given for extending its said lines
to Shoshone aforesaid, and alleging that it had obtained franchises
from the proper authorities in said counties, cities and villages,
and had already constructed a main electric transmission line
from its plant on the Yalade River for a distance of 392 miles
south and east to the city of Twin Falls, passing through and
contiguous to the city of Buhl and village of Filer, and that
said line is now fully constructed, and electricity has been
transmitted thereon to the city of Twin Falls and the city of
Buhl; that petitioner has expended in its distribution system
at Twin Falls the sum of 025 ,000. , and in its distribution
system at Buhl the sum of $10,000. It charges that prior to
petitioner' s entry into said cities with its distribution
system the Great Shoshone & Twin Falls Water Pourer Company had
been for several years furnishing electrical current to said
cities and their inhabitants.
Copies of the ordinances are attached to the petition,
from which it is disclosed that the franchise of Shoshone was
granted the 6th day of May, 1913, of the city of Twin Falls the
29tJx day of April, 1913, of Buhl the 30th day of April, 1913,
and of Filer the 19th day of May, 1913. The resolution of the
Board of Commissioners of Twin Falls county is not dated, but
as there is noted in the Proceedings that the Board will adjourn
until May 16th, 1913, it is a fair presumption that the resolution
was adopted either on that date or at some date prior thereto.
-5-

The petition has also attached to it a balance sheet
showing the assets and liabilities of the petitioner corporation
and has a map also attached showing the location of petitioner's
generating plant and the lines of its distribution system.
The petition in all respects seems to comply with the requirements
of the Rules of Practice of the Commission in such cases.
Dui notice of the filing of the petition was given
to the authorities of the counties, cities and villages through
which and to which the petitioner purpeses to extend its line,
and also to the Great Shoshone & Twin Falls Water Power Company,
the corporation already furnishing electrical current in said
fields. Dates for the hearing of the application were agreed
upon by the parties interested, which were accepted by the
Commission, and the hearing began at the village of Shoshone
on July 279 1913, and continued from day; to day at Twin Falls
and Buhl and finally concluded at Boise on the _ 6th day of
August, 1914. Oral argument was made before the Commission
by the respective attorneys on August, 18th, 1914, and the
matter finally submitted.
On May llth, 19141, the Clear Lake Power & Improvement
Company also filed with the Commission a petition that it be
granted a certificate that the present and future public con-
venience and necessity require and will require the oonstruction
of electric transmission and distribution lines and system in
Twin Falls county, Idaho and various cities, towns and villages
therein, from its plant situated at Clear Lake, Gooding county,
then under course of construction. This petition sets forth
that the Clear Lake Power & Improvement Company is an Idaho
corporation and duly authorized to transact business in the State
-6-

and that its principal place of business is Clear Lake, Gooding
county, Idaho; that its authorized capital is $750,000.; and
then fully sets forth its assets and liabilities and its
I
financial ability to carry out its plans for constructing its
plant for generating and transmitting electrical energy at and
from the location of its power plant; that petitioner proposes
to utilize the waters of Clear Lake in the development of its
plant and has obtained permit from the State Engineer for this
purpose, and has in all respects complied with the law in
prosecuting dUlgently and uninterruptedly the work required
under its permit; that it proposes to develop and carry upon
its transmission lines eleotro-motive-force of 30,000 volts;
and that it has expended in such development the sum of
$10,841.;: that its power plant will be located at Clear Lake,
a distance of about five miles north of the city of Buhl and
less than twenty miles northwest of the city of Twin Falls.
It then sets forth the favorable natural conditions attending
the development of its plant and system by reference to the
volume of its water supply of 1,000 second feet, the temperature
and constancy of its flow, the same being unvarying spring water,
a pipe line of as short a distance as 1,000 feet affording a net
head of 85 feetg and the proximity of its generating plant to
the localities to be served, all combining to produce the
cheapest available power.
The petition then sets forth the readiness and willing-
ness of the applicant to furnish electrical current to its patrons
at a rate slightly reduced from the rate now being paid in the
localities mentioned, and asserts the ability of the applicant
to furnish a more adequate service than that now being supplied.
-7-

The petition sets forth that the applicant, it
permitted to furnish the localities in question, will come in
oompetition with the Great Shoshone & Twin Falls Water Power
Company and the Idaho Power & light Company, and asserts that
the former which has been serving these localities for several
years has been at all times wholly unable to furnish good
service and will continue so to be, and that the rates charged
by said company have heretofore been exorbitant and are now too
high. As to the latter company the petition asserts that said
company is unable to furnish said territory with electric current
adequately or efficiently, at reasonable rates.
By the agreement of counsel for the respective parties,
the latter application was heard at the same time and place
as the application of the Idaho Power & Light Company, and testimony
on behalf of said applicants and on behalf of the Great Shoshone
& Twin Falls Water Power Company in opposing both applications,
was taken at the same time and plane as were also the arguments
submitted.
Messrs. Jess B. Hawley and H. R. Jaldo appeared as
attorneys for the Idaho Power & Light Company and Mr. H.C.Wyman
appeared as attorney for the Clear lake Power & Improvement
Company. Mr, S. H. Hays appeared on behalf of the Great Shoshone
& Twin Falls Water Power Company.
Some light may be thrown on the issues involved
here, by reciting some of the instances occurring as between
the Great Shoshone & Twin Falls Water Power Company on the one f
f
side, and the Idaho Power & Light Company, the applicant here,
and its predecessor the Beaver River Power Company, on the other
side, leading up to the present application
-8-
i

. for a certificate of public convenience and necessity;On November 22, 19139 the Great Shoshone & Twin
Falls Water Power Company filed before this Commission a complaint
against the Idaho Power & light Company and the Beaver River Power
Company, setting forth that the complainant had for more than three
years preceding the filing of the complaint been engaged in furnish-
ing to the city of Twin Falls and its inhabitants electricity and
electrical energy for lighting, heating and power purposes, thereto-
fore granted it by the council of said city and that it was at the
time furnishing all such energy as was needed or required by the
city of Twin Falls and its inhabitants, and was ready and willing
to continue to furnish the same;
That the Idaho Power & light Company, by virtue of the
franchise granted on the 29th day of April, 1913, by the city of
Twin Falls to the Beaver River Power Company, its predecessors in
interest, and to which the Idaho Power & light Company claim to efthe
-ems successor, began the construction in the city of Twin Falls of
a distributing system for furnishing light and power to the inhabi-
tants of said city, and was at the time of filing of the complaint
engaged in such work and threatened to carry on the same to comple-
tion so that it might furnish electricity to said city and its
inhabitants;
That neither of the defendants had ever obtained from the
Public Utilities Commission any certificate entitling it to enter
such field and furnish such service and that the action of the said*
defendants was unlawful and in contravention of the Public Utilities
Act of the State, and prayed that defendants might be enjoined from
further prosecuting said work or from furnishing electrical current
to the city of Twin Falls and its inhabitants.
The defendants answered the complaint , admitting that the
-9-

Idaho Power & Light Company was prosecuting the work complained
of and that it intended to construct a distributing system in the
city of Twin Falls and furnish electrical energy to said city
and its inhabitants for power and light purposes; that it was not
incumbent upon it to procure the certificate of public convenience
and necessity from the Public Utilities Commission, and that the
Commission had no jurisdiotion to grant the relief prayed for by
the plaintiff.
In due time the case was heard before the Commission and
the issued ably and earnestly contested by counsel for the respective
parties. The defendant, the Idaho Power & Light Company took the
ground that its acts were lawful and that it was not incumbent upon
it to obtain the certificate of public convenience an3 necessity
from the Public Utilities Commission, for the following reasons:
(1) Because said defendant' s rights under the
franchise granted by the city of Twin Falls (which was
granted prior to the date when the Public Utilities Act
became effective) became contract rights within the
protection of the constitutional provision.
( 2) _ Because the defendants came within the terms
of the proviso of Sec. 48 (a) of said Act which declares:
"rower companies may, without such certificate,
increase the capacity of existing generating plants
or develop new generating plants and market the products
thereof."
(3) Because the defendants came within the terms
of the proviso of Sea. 48 ( b) of said Act which declares:
"This section shall not be construed to***impair
any vested right in any franchise or permit heretofore
granted."
(4) Because defendants came within the proviso
in See . 48 (b) of said Act which declares:
"When the Commission shall find, after hearing,
that the public utility has heretofore begun actual
construction work and is prosecuting such work in good
faith, uninterruptedly and with reasonable diligence
in proportion to the magnitude of the undertaking, under
any franchise or permit heretofore granted but not heretofore
actually exercised, such public utility may proceed to the
completion of such work and may after such completion
—10—

exercise such right or privilege."
On the 18th day of February, 1914, the Commission
rendered its decision and made its order in said case, finding
that the act of the defendant, the Idaho Power & Light Company,
in constructing its distributing system in the city of Twin
Falls was in violation of the Public Utilities Act. The
Commission ordered the said defendant to discontinue the construc-
tion of its distributing system in the city of Twin Falls until
further order in the premises. A motion for rehearing was made
by ,the defendants, and denied. Application was thereupon made to
the supreme court of the state for a writ of review, and the same
was duly prosecuted in the supreme court, and decision thereon
rendered June 27, 1914* This case on review is entitled
"Idaho Power & Light Company vs. Blomquist, et al, State Public
Utilities Commission" and is reported in 141 Pac . , 1083.
In this decision the supreme court fully reviews the
action of the Commission and defines the scope and intent
of the Public Utilities Act* It holds the Act to be constitutional
and clearly determines the administrative powers of the 'Commission.
The orders made by the Commission were affirmed. Reference is
made to this decision for the reason that its interpretation of
the intent and meaning of the Act in question has been the
fundamental guide for us in the conclusion herein reached and
the order hereinafter made.
In an application of this character where one power
company seeks to invade the territory of a similar company and
furnish therein a like service, there is presented for consideration;
( 1) Whether the supply of eleotrical energy now
furnished by the company in the field is adequate.
_11w

( 2) Has the company in the field discharged its
duty to the public by giving efficient service at
reasonable rates?
( 3) If either of these features are negatived,
can they be made certain by permitting the applicant to
enter into competition with the existing company?
j 4) Is th? ?&jcw�j , SQ sifivated fin!miall� an
by reason o a.ci i c ies or genera ing po, cr o
construct and maintain a plant and system of sufficient
capacity to sufply tl,e consullption demanded, at
reasonable rates?
Now let us make such application of the testimony
to these four propositions , accordingly as the same applies to them
respectively:
The system of the Great Shoshone & Twin Falls ',Yater
Power Company with its several hydro-electric generating plants
now in operation, the present developed capacity , and the estimated
future capacity, can be best set forth in the following table : -
,TABLB NO. I.
Plants owned: Present Additional Final
Capacity Capacity Develop-
Installed H.P. ment
H.P. H.P.
Shoshone Falls 1800 5200 7000
Lower Salmon falls 4250 25750 30000
-------------------------
Plants owned by others:
Output Purchased:
Thousand Springs 3400
-�t the plants which are cvmned by the company the final
development is figured on the basis of the minimum low water flow
which ob'' ains only for a period of two or two and a half months
annually. During the balance of the year the volume of water
is sufficient to generate at the Shoshone Falls plant 70 ,000
horse-power and at the lor:er ,�alr^lon plant about 50 ,000 horse-power.
It will be found from Table No. I. supra, that the
Great Shoshone & 'Twin Palls �,i-ater Power Company now has a capacity
-12-

for furnishing 9 ,450 horse-power, while the maximum consumption
of its output has reached only 7 ,495 horse-purer, leaving a surplus
of 19955 horse-power. It would thus appear that the present
supply of electrical energy furnished by the Great ahoshone and
i
TWin Falls Water Porter Company is ample to meet the present
demand in the district where the companir is operating, and that
the first proposition can be answered in the affirmative*
As to the facilities of this company to supply future
demands that may be made upon it with the growth and development
of the country, it will be noticed that the company, in construct-
ing its works at the points of their location, has had this
problem in view, has built its dame and has so constructed its
diversion works as to enable it to add new units of generating
machinery when the demand for additional power shall have arisen.
This is noticeable at its plant at Shoshone Falls which is capable
of generating 7,000 horse-pourer, and now has two units of only
1,800 horse-power; also at its plant at Lower Salmon Falls which
is capable of developing 30,000 horse-power; In addition to
these plants, this company also has power site locations at Upper
Salmon Falls , T'wi.n Falls and Augur Falls on the Snake River at
which it is estimated 34,000 horse-power can be developed at the
first site mentioneds at the next point mentioned it is estimated
that 4,000 horse-porter can be developed; and at the last point
mentioned it is estimated that 21,000 horse-power can be developed.
As to the second proposition: -
"Has the company in the field discharged its duty
-13-

e}}
{I
to the public by giving efficient service, at
reasonable rates?"
Considerable testimony bearing upon this question was offered.
It is hardly expected, on account of the number of witnesses
called and examined for thin purpose, that the testimony should
be set forth at any length. Making the testimony ensemble,
it tends to establish such a state of affairs as will be found
in any community served by a large utility having many and varied
features requiring attention and technical supervision, as
pertains to the service involved in furnishing electrical current .
Many of the complaints apply to the failure of the existing company
to furnish current for heating buildings at the beginning of the
season of 1913. The utilization of electrical current for this
purpose, that is for heating residences and other buildings,
seems to have grown out of the fact that the power company has
furnished and is furnishing a large proportion of its output
of current for pumping water for the irrigation of farm lands.
This service, is required only during the irrigation season,
involving less than half the year, and as the service for irriga-
tion is not required during the winter months, a large surplus
of electrical energy left on the hands of the company calbe applied
toward producing heat at a price which the consumer can fairly
well afford to pay. The value of this surplus energy would be
lost to the company if it were not so applied. We believe, however,
that it is well understood among those engaged in generating elec,
trical current , that the application of such current for heating
purposes of this character is not recognized as a legitimate or
justifiable use of electricity, as the cost of generating it is too
great ,when compared with other means and material adopted and used
for heating purposes.
-14-

ry
ti
The testimony of $sr. Nunn, touching this subject
i
is as follows: -
"Yo community can afford long to use electric power
for heating, for the reason that whatever may be the
cost of developing by water power, there is not water
power in the country to supply the demands for power,
so the development of energy by steam must become a
standard. Now in using coal for steam, we develop
electric energy with an efficiency of six, eight, or
ten percent. To turn it back into heat it is being
used in competition with heating at an efficiency of
fifty or sixty percent. As a commVLnity' s use for
electricity for the ordinary purposes encroaches upon
the surplus of the company, the heating use of
electricity must retreat until finally, after the
ordinary uses have encroached entirely and absorbed
entirely the capacity of the plant, the heating has
disappeared and given place to the higher uses of
electricity. There are many uses both in town and on ,
the farm which do not now involve the use of power,
but for which power will soon be used to great
advantage. One thing is certain, in the solution of
this great economic question, it will be found that in
a community like this it will not pay to use oil and
coal for the pulling of freight trains while we are
using the power from water power for electric heating.
It will pay better to use the electric power for the
railroad and burn the coal or oil for heating."
The complaint in respect to heating was apparently
accounted for by reason of the financial failure of what is
known as the "Kuhn interests" , of which the system at that time
was a part* The managers of the existing company, by reason
of this failure were unable to procure means to install the necessary
apparatus for furnishing current for heating to the buildings in
question. Some of the complaints against adequate service came
from farmers who desired power for various purposes connected with
their farming operations. In some of these instances it occurred
to us that the demands of the farmers were unreasonable in that
electrical current could not be transmitted to their farms without
involving an expense entirely disproportionate to the revenue
which would be obtained from the service furnished. Some of
the complaints can be attributed to the acerbity of temper
-15-

exhibited by the customer and employee of the company when
differences arose and were being discussed. Many of the
complaints were trivial. Perhaps just as many patrons and
customers of the company testified as0the efficiency of the
service and showed by their attitude that the same had been
generally satisfactory, Vie imagine that it would be a very
rare case where a utility of the magnitude of the existing
utility here , with its many distributing points, its great list
of customers and the diversified uses to which its output is
applied, if there would not be found many complaints against
the service furnished. As the management of such a utility
involves the employment of many individuals it cannot be expected
that the administration of its affairs would be absolutely
perfecto The frailties and short-comings of human effort in
whatever walk of life, are not removed when men are engaged in
the service of public utilities. The record shows that the
existing company has made commendable effort to serve the locality
in which its plants are located. It has extended its lines to
small villages and communities, involving much expense to reach.
It has encouraged the development of farm interests by stretching
its lines to remote points where pumping of water has been
necessary to reclaim desert places; it has furnished electric*l
energy for power and lighting purposes to the farmer located not
too remote from its lines, and where the same could be done without
involving an expense that was prohibitive; and, upon the whole,
its course and policy has been as free from criticism as could be
expected under the circumstances.
Prior to the organization of the Public Utilities
Commission of the State of Idaho until the first day of February,
1914, the existing company was charging for lighting and cooking
-16-

service according to the schedule of rates as set forth in
the following table: -
TABLE NO. II.
Residence and Commercial Lighting:
First 50 kw-h. at 12 cents per kw-h.
Next n If If 10 n if IT
Next 100 rt it 8 n it It
Next 1000 n If 7 It if If
Next 4000 n it 6 " " n
Above 52000 kw-he at 5 rr tr rt
Alinimum charge - �1.00 per month.
A discount of one cent per kw-h. is allowable on all
residence and commercial lighting bills, providing all
bills due the company for all classes of service are paid
on or before the loth of the month following that in which
ser;7ioe is rendered. No bill, however, will be
discounted below �1.00.
Domestic Cooking:
A rate of 21-� per kw-h. applies to this class of
service when the connected load in cooking appliances
equals or exceeds 2000 watt.
A minimum charge of �1.50 per month.
No prompt payment discounts.
Small heating and single phase motor appliances may
be used on this circuit, but cannot be considered as a
part of the connected load in obtaining the benefit of
this schedule.
There the connected load in cooking appliances is
less than 2000 watts, schedule E applies.
By order of the Commission of February 23,
1914, the schedule of rates put in force is shown in the following
table: -
TABLE III.
Residence and Commercial Lighting:
9d per kw-h. for first 20 kw-h. per month
8e rr n n next 30 n n n
7I n n n tr 40 n n n
6d n tt n u 50 n n et
5d n tr n n 100 n n n
4d n n n tt 200 rt If n
3d rr n If n 500 n n n
2d n " it all over 949 kvv-ho per month.
-17-

Table III, oont' d.
Mini= charge �1.00 per month.
A discount of 10% is allowed on all monthly bills if l
paid on or before the loth of the month following that
in which service is rendered.
i
Domestic Cooking;
3� per kw-h* for first 50 k47-h, per month.
all over 50 kw-he per month.
Minimum charge A.00 per month.
A discount of 10% is allowed on all monthly bills if
paid on or before the 10th of the month following that in
which service is rendered.
This order was made without any investigation
as to the investment of the company or its earnings, and when
it was suggested to the company that such an order should be
made the company acquiesced therein and permitted the Commission
to make such order without investigation. The applicant alleges
that the acquiescence of the existing company in the rate so
established was due to the threatened competition growing out of
applicant' s activities. Applicant further asserts its ability
to reduce the rates below even what they are now, if it is given
the opportunity to furnish service, and that by reason of its
superior facilities it will be able to do so.
This assertion of what the applicant will do
if permitted to enter the field is not inconsistent with what it
naturally would do should it enter the field in the absence of
any authority to control or regulate it. When one company enters
the locality occupied by another, the usual sequence is the cutting
of rates on the part of both in order to procure on the one hand a
k
part, or all.,the patronage then enjoyed by the existing company;
and, on the other hand the efforts of the existing company to hold
its patronage. This is what, in common parlance, is termed
"cutthroat competition" and is recognized in this day as a palpable
-la-

evil and which the statute was intended to suppress. So that
the profit held out by the applicant, alluring as it may be,
should not so becloud our view as to cause us to lose sight of
the usual disaster which follows such a fair beginning, and
which experience has shown invariably results in a monopoly of
ownership with a duplicate investment.
The applicant alleges in its petition that
it is able to supply electricity at lower prices than the Great
Shoshone & Twin Falls 17ater Power Company is able to do. It
bases this assertion upon its ability to generate electrical
power at less cost, and its ability to distribute the same at
a less expense, owing to the more favorable location of its
generating system and its higher efficiency in the management
and conducting of its business. It presents a statement of the
relative cost of the two power systems in question and invokes
the 8ommission to compare these statements sustaining the
allegation in this respect.
From the table of figures offered by the
applicant showing the costs of the two systems , much of it having
been obtained from reports of the two companies returned to this
Commission and to the Tax Commission, it is quite impossible for
us to determine even approximately the cost of the respective
plants and the money invested up to the present state of their
development .
In the location of the plants operated by
these companies, respectively, and their proximity to the fields
in question, there apparently is no great degree of advantage which
the one has over the other. The plants of the Great Shoshone
& Twin Falls Plater Power Company are located on the Snake River,
and have for their supply a never-failing source. The plant of
-19-

the applicant company is located on the Ma.lade River which is
likewise a stream of uniform source of supply. The cost of
development of either of these streams should not vary in any
very great degree and as the distance in transmission is not
widely variant (the advantages perhaps being with the Great
Shoshone & Twin Falls 'Rater Power Company) the cost of dis-
tribution should not materially differ.
It appears from the table of figures
offeret by the applicant, showing the relative investment of
the two companies that the investment of the Great Shoshone
& TQi.n Fells later Power Company exceeds in a large sum the invest-
ment of the applicant company; but when we take into consideration
the fact that the former company has constructed its plant,
having in view future development, which cannot be denied as the
exercise of good judgment based on an economical method of
development, and when we further take into consideration the
number of cities and villages supplied by the latter company with
its extensive mileage of wire lines (the same being more than double
that of the applicant company) and when we also consider the
superior quality of material used in the construction of the lines
of the latter system, we are unable to yield to the assertion
of the applicant that it has the atility to furnish the service
at a cheaper rate than the same can be furnished by the existing
company.
In the table aforesaid, presented by the applicant,
the cost of partially developed plants owned by the existing
company is given. If the Commission were making an investigation
of the investment of the existing company with a view of establishing
rates to be charged, while it would give, no doubt, some consideration
to the plant already in operation
_20-

with partial units and with completed development work for
additional units---it would not consider expenditures made at
other power sites from which at present no service is afforded.
As to the ability of the existing company
to develop its plants in the future and to be equal to the
demands that may be made upon it from time to time for additional
supply of electricity, it is quite as fair for us to presume
that the existing company, with 'its large investment covering
the extensive field that it does will have such credit ( if the
exercise of its credit shall become necessary) to procure the
necessary means for such additional development, as it is to
presume that the applicant company will also possess such ability.
From the findings and reasons above given
it is not necessary to consider the third and fourth propositions
heretofore set out.
Then, there arises the all-important question
embraced within the statute under which this application is made -
this is - whether the present or future public convenience and
necessity require or will require the construction of the appli-
cant' s system in the field now occupied by the existing company.
This question has been the source of notable perturbation in the
localities where competititon between public utilities has been
sought and promised. It has been provocative of much political
agitation and misunderstanding. It has been declared to be the
aegis for a ruthless monopoly bestowed by the legislature and
administered by the Commission. Rauch publication and pam-
phleteering has been current, warning people against the encroach-
ment of policies destined to foster monopoly, to hinder the
-21-

development of the resources of the State, and which will
assuredly eventuate most direfully against the interests of the
people. This, too, in the face of the fact that nearly all
the states have adopted laws for regulating utilities containing
provisions, similar to those found in our statute, with a well
considered meaning, as defined by the courts and Commissions of
these states in which the policy or scope of the law has been
in question. Can it be said that the legislature in enacting
this statute meant to leave utilities of this nature with a free
hand to enter fields for their activities just as they had done
before the law Was adopted? Is there anyone so presunptious as
to affirm that the legislators were ignorant of the effect of
the law upon the restraint of competitive service among public
utilities? Is there anyone so sordid as, measuring the pa rsonnel
of the legislature after his own standard, to charge that it
enacted the statute to promote monopolies and thwart the best
interests of the people? It is hard to conceive of such anomaly----
of such aspersion. The legislature of Idaho, profiting by the
experience and wisdom of the older states which had the law in force
for a time sufficient for its test , adopted the statute and meant
to give it all the virtue and effect that had been conferred upon
it by the long line of rulings in these states. As was well said
by the supreme court of the state of Idaho in the case of the Idaho
Power and Light Company vs. Blomquist, supra;
"The Act was intended as a substitution for the
control of public utilities by competition."
And, as was said by the supreme court of Massachusettes in the case
of Weld vs. Gas & Electric Light Commissioners, 197 , Mass., 556,
84 N.E., 1011 which was quoted by our own supreme court in the case
above referred to: .,
-22�

"In the first place, in reference to this
department of our service, we have adopted in this
State, legislative regulation and control as our
alliance against the evil effects of monopoly,
rather than competitive action between two or more
corporations, where such competition will greatly
increase the agregate cost of supplying the needs
of the public and perhaps cause other serious
inconvenience **the State, through the regularly
constituted authorities, has taken conrolete control
of these corporations, so far as is necessary to
prevent the abuses of monopoly.''
While we do not deem it necessary or impor-
tant to quote from any other authorities than our own supreme
court which in the decision above referred to has so elaborately
collected the rulings of other courts and which has so comprehen-
sively construed and defined the intent of the legislature
embodied in the statute, we cannot refrain from calling attention
to a recent decision made by the T.Tisconsin Railroad Commission,
dated March 27 , 19141 in the case of City of Sheboygan vs.
Sheboygan Railway and Electric: Company, cited in Commission
leaflet No . 309 1474. As is well known, the Wisconsin Commission
has been in active service for a great many years and is distinguished
for its ability and fairness. In the case cited, wherein applica-
tion was made for a certificate of public convenience and necessity
for the construction of a municipal electric light plant, to enter
the field then occupied by a similar plant , the Commission said: -
"The attitude of the Commission toward applications
made for certificates of convenience and necessity to
duplicate existing plants is well known. It rests upon
the recognized fact that an existing plant can be Made,
under proper regulation, to Sive the public better service
at a lower cost than can competing plants. It requires
no argument at this late day to prove that competing
utilities in any municipality add to the service burdens
of the public rather than lessen them."
Much stress is laid by counsel for the applicant, on the attitude
of the existing company toward the public in charging unresaonable
rates for its service prior to the date of the threatened eompeti-
-23-

tion of the applicant. We are aware that some of the Commissions,
notably that of California, have made this as a ground for per-
mitting the second utility trr enter a competitive field. Under
certain circumstances such a policy might be justifiable and yet
the dominating thought , we apprehend should be, Will the public
i
be benefited by reason of the competition? Of what avail will
it be to punish the existing company by injuring its investment
through competition, merely by reason of the fact that theretofore
it had been unfair with its customers, but now through the orders
of the Commissionlcan be regulated and can be made to charge only
reasonable rates It is ,quite characteristic of all utilities
where there is no law or regulating power to adjust the rates
charged, to demand and receive all that the "traffic will bear" .
Prior to the enactment of the Public Utilities Act of this state
there was no law regulating the rates is be charged by utilities
in this state. Host of the Commissions have followed the rule
that it is the best policy to first give the existing utility an
opportunity to show that it can give adequate service in eases
where it, has theretofore been derelict, and to lower its rates
in cases where they have been excessive or unreasonable.
Quoting again from the Wisconsin decision,
supra: -
"In the case under consideration there are reasons
for not granting the application, additional to the
recognition of the general principle that two competing
or non-competing utility plants are more expensive to the
public than one plant. As has already been noted, the
respondent company has changed owners, since the application
of the petitioner was filed, and the new officers have
expressed a desire to install at once a complete new
lighting equipment adequate to meet the city' s demands
for a higher quality of service. In view of this expressed
desire, and until such new equipment has been installed
and the service under the new conditions tested it would
be unjust to the city to burden it with the cost of a new
lighting plant as well as unfair to the new owners of the
present lighting plant."
-24-

There is but little doubt in our minds
' as to the ability of the existing plant to furnish adequate ,
service to its patrons in the localities in question. While
the rates heretofore charged by it were thought to be excessive
and unreasonable, as we have before said, it acquiesced in the
suggestion of the Commission that its rates be reduced and its
managers have at all times expressed a willingness to comply with
the orders of this Commission in other matters pertaining to its
service and management.
Suppose the Commission should grant this
application, permitting the applicant company to enter the fields
now occupied by the existing company, wherein would the public
interest be enhanced; The existing company now has ample
facilities for serving the fields in which its plants are located,
and has initiated further development, some of which require but
little additional investment to amply supply the demands that will
be made upon it in the future, so far as we can now see. If
the applicant , with its large investment $ should now be permitted.
to enter such a field, the result is that a duplication of investment
is involved under such conditions as the statute was intended to
avoid.
The applicant called many witnesses for the
purpose of showing the public sentiment in the city of Shoshone,
Buhl, and Twin Falls, in favor of the competition that would result
if applicant were permitted to establish its service therein.
In Shoshone, the sentiment was perhaps equally divided, while in
Buhl and Twin Falls it was unanimously in favor of competition,
in so far as the sentiment was expressed by the testimony of such
witnesses. It is proper for the Commission to recognize and give
force to public. sentiment in matters where the public itself is
-25-

involved, and while we are far from acting indifferently toward
public sentiment, or refusing to give all due recognition to its
significance and respect , yet, the law and its meaning, as
defined by the supreme court of the state , is our first master,
which we must follow, as the light is given us to do so.
In a recent case rendered December 31, 19139 by
the Indiana Public Service Commission, published in Commission
leaflet No. 279 at page 42, in re: petition of Timmons for
certificate of convenience and necessity, Francisville, Ind. ,
that Commission, after referring to the statute which will be
seen contains the same language as the statute here involved,
says : -
"The clear meaning of this language is that this
ii
Commission may not in a case siiailar to this one authorize
a municipality to grant a license, permit or franchise
until after public hearing, to determine that for the
convenience of the public a necessity exists for a
second or additional utility to engage in a similar business
or furnish a similar service. This is more than a mere
demand by some of the citizens for another utility.
The statute is not intended to, and does not leave the
matter of issuing such declaration to the discretion of
the Commission. The fact must be found that an additional
teleephone Plant in717a-Ecisvil e ,rou d e a public convenience
and that a necessity exists for the esta'olis emend F!—sueTT
--
a plant."
The existing company is the pioneer electric
company in all the localities in question here. It went into
these localities and took its chance with the growth and development
along with other investments made by those whom it served. At
the time it entered these fields there was no restraint upon it
as to the rates it should charge. The State has now deprived
it of this prerogative.
,Zuoting from the decision of our supreme
court again: -
"The State , having ta_-.en away the rights of such
corporations to fig their own rates , ani having assumed
0'11V +o°p�o Qc er some rsort ofraisa fen-
guuardmforrt osearticular,
28 furnish the money to construct the system, and the
-2t-

State has attempted to meet this situation by providing
that the utility already in the field shall have that
field unless public necessity and convenience require
an additional utility, and whether the public
convenience and necessity require an additional utility
Is an administrative matte:.- left with the Commission to
ascertain and determine under supervisory power of the
court. The law relating to public service . should he
based upon the public needs , rather than on the desire
of any corporation to serve the public. The purpose
of such laws should be to promote the common welfare and
equally to protect the parties who furnish the money for
the erection of the plant and those who use its product.`
Suppose the applicant company should enter
the cities to which it seeks to furnish service . It could go
into these cities and villages that give promise for the most
profit and leave the service now being furnished by the existing
company which is less profitable, and it is now difficult for
us to see wherein this Commission could compel the applicant
to divide the unprofitable service with the existing company
unless at the request of the consumer or under other circumstances
which do not now appear clear to us. 1?s was said b3T the Idaho
suicreme court in the case above referred to: -
"Another corporation might thereafter construct
its plants and lines into the profitable markets of
such company (meaning the company in the field) and thus
compete for the most desirable business. In this way
it might taste the cream of the uus:Laess at the very
least expense and cripple the company that was furnis-Iiing
the Cormodity to the more extensive field."
Zre have thought quite seriously of what
virtue should be given to the promise of one company seeking
to enter a competitive field---that it could give cheaper and
more adequate service than its competitor, when, as a matter
of fact the facilities of the two companies viere about similar
and .the investment and cost of maintenance of the two about the
same . What assurance has this Commission or the people to be
served, that such a promise would be kept and complied with?
Has not experience taught , and do not commentators who have
been most assiduous in their research all iterate and reiterate,
-27-

that in competition of this kind there are but few, if
any, instances of longevous character. As was said by our
supreme court, supra: -
"Experience shows that there could never be any
permanent competition in natters of this kind."
its was further said by the supreme court
in the case above cited, "There can be no effectual regulation
in cases of this character where competition is allo-1red."
This Commit scion 11a.s had some experience,
in the short time it has been in existence , with electrical
companies which are temporarily in competition, pending an interim
to determine which of the companies will eventually absorb and-
control the other. There is scarcely a week passes without
there being referred to us the complaint of the one against
some undue practice adopted by the other to secure patronage .
These companies, recently, have had a well organized division of
canvassers going from house to house and there besieging consumers
with the alleged advantages of their respective facilities , in
order to induce the change of patronage from one to the other.
One of the manage-•s of these companies reported to this Commission
very recently that the two companies , in his opinion, were expending
: 3,000. per month for the services of these solicitors , which creates
a useless expenditure and is necessarily a loss to the companies,
or for which the public is having to pay.
Much reference has been made during the course
of these proceedings ta the effect of the policy of the Commission
( should it fail to allow the application for a certificate of
public convenience and necessity) in retarding the development of
the state' s resources. In view of the decision of the supreme
court above referred to , we cannot see that the policy of the law
in this respect can be submitted for our question, and counsel
-26-

will have to be referred to that forum for further consideration
M
of such policy. We imagine, however, that should this be done
the supreme court will again refer applicant to the state
legislature for the deliberations of that body. It may be that
the latter body shall conclude that the state of Idaho , comparatively
nouveau-ne, has not yet roached the stage when it can take on the
panoply resorted to by the older states, deemed to be a protection
against uncontrolled and unregulated public service corporations---
that the state is too young to be assaulted with harmful intent
and that her domain may continue to be a playground in which such
corporations may revel , with no hand to molest or make them afraid.
The law may be incongruous with the best
interests of the state. It is, or it is not. In its
application it was not intended to be of the character with which
a trial balance could be struck. Its virtues were not intended
to be neutralized by its vices . Its problems were not tobe solved
upon the theory that results would be obtained by a process of
cancellation. -The numerals representing its percentage of worth
must bul$ largely on the upper line ; otherwise, it should not
v
exist . As it follows the best thought as contained in the
statutes of older states , and as tested by experience, it will be
hard to decapitate it or even to seriously emasculate it ,without
killing it. These are questions for the legislature which will
soon convene. Until, however, the law is repealed or modified,
with its meaning now defined by the supreme court, we cannot see
wherein we are permitted to change the views heretofore expressed
in the cases involving the section of the statute in question,
which have come before use
We have not undertaken to advert to the claim
of the applicant to extend its lines into the fields in question
by reason of the franchises it had obtained from the counties ,
4

cities and villages it sought to enter. These franchises
were obtained after the Public Utilities law had been enacted
and during the interim between the date of its passage and the
date of its going into effect . The question of its rights
claimed under these franchises has been fully determined by the
supreme court in the case of the Idaho Poorer & light Company
vs. Blomquist, et al, hereinbefore cited.
We have, therefore, considered the application
only upon the question of whether or not public convenience
and necessity require or will require the construction of
applicant' s system in the localities set forth in the petition.
As to the application of the Clear Lake
Power & Improvement Company, submitted at the same time in this
hearing, what has been said herein with reference to the applica-
tion of the Idaho Power & bight Company will apply to that of the
Clear Lake Power & Improvement Company. y`,hile the application of
the latter company for a certificate does not extend to so great
a field, the territory which it seeks to enter is embraced within
that sought by the Idaho Power & Light Company and which is now
served by the Great Shoshone & Twin Falls ,eater Power Company.
In some respects, perhaps, its application is as meritorious as
that of the Idaho Power & light Company and if indeed the competi-
tion were going to be permitted we can see but little reason why
it should not be extended to all alike and the bars thrown down
for all that may apply. This would involve the query, -;,hy the
law at all?
With the findings above set forth and the
itiews herein expressed, the conclusion which must follow is that
the application of the Idaho P=er & Light Company and the
application of the Clear lake Power & Improvement Company herein
-30-

must be denied, and their petitions, respectively, dismissed;
and,
IT IS 30 ORDERED.
Done in open session at Boise, Idaho, this the
7th day of November, 1914.
. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Commissioners.
-31�

HEFORS THE PUBLIC UTILITIES COMMISSION OF THE STATE
OF IDAHO.
--------------M------------ ---
In the matter of the application )
of the Idaho Power & Light Company )
for a Certificate of Convenience ) CASE NO. F-40.
and Necessity. )
------------------------------------
Appearances: Jess B. Hawley and
H.R.Waldo -------- Attorneys for
Idaho Power & Light Co.
S.H.Hays -------- Attorney for
Great Shoshone and Twin
Falls Water Power Co.
ORDER NO.
On November 7th, 1914, this Commission rendered
its decision in the above entitled case, denying the applicant
the certificate prayed for. See Order No. 169 . Thereafter a
petition for rehearing was filed by the applicant on November
28th, 1914, and on December 9th, 1914, an order granting a re-
hearing was made and entered. The rehearing began on the 31st
day of December, 1914, and continued from day to day and finally
concluded on January 4, 1915 . Oral argument was made before the
Commission on Jan. 8 , 1915 , and the matter finally resubmitted.
On April 11, 1914, the Idaho Power & Light Company
filed with the Public Utilities Commission of the State of Idaho
a petition that it be granted a certificate that the present and
future public convenience and necessity require and will require
the construction of electric transmission and distribution lines
and system in the counties of Twin Falls , Gooding and Lincoln,
State of Idaho, and certain cities and villages therein named.

The petition sets forth that the applicant is a corporation or-
ganized and existing under the laws of the State of Nevada and
doing business in the State of Idaho, with its principal 'place of
business in Boise, Idaho; and that applicant has complied with all
laws of the State of Idaho applicable to foreign corporations
doing business within the State; that prior to February, 1911, cer-
tain development work had been carried on by one L.L.Nunn and his
associates and predecessors in interest, toward utilizing for
hydro-electric generating purposes the waters of Malade River in
what was then Lincoln County, and now Gooding County, Idaho ; that
the Malade River is a stream of particular value for power pur-
poses , due to its short and rapid course, the uniformity of its
flow and the high temperature of its waters , the same being free
from slush-ice common to most streams in southern Idaho; that
the stream is located conveniently for the distribution of cur-
rent to southern, southwestern and south-central Idaho; is capa-
ble of generating approximately 25 ,000 horse-power of electrical
energy at lower cost than any other stream reasonably adjacent
to the territory; that in February, 1911, the Beaver River Power
Company', a corporation of the State of Colorado, purchased and
acquired of the said Nunn and his associates the water right and
developments of various kinds owned by the latter upon said river,
and thereafter the said Beaver River Power Company continued in
the development of the waters of said river under a permit is-
sued to it by the State Engineer of Idaho on February 22, 1909;
that under the terms of said permit one-fifth of the work of di-
version was required to be completed by the 22nd day of Lugust,
1912, and the whole thereof by the 22nd day of February, 1914,
all of which had been done, and the date of the application of
the water to beneficial us-e was fixed in said permit at February
2..

22, 1918 ; that under the plan of development two stations were
to be constructed, each with approximately 12,500 horse-power
capacity; that the Beaver River Power Company . carried on the
work of development diligently under the terms of said permit, and
in February, 1912, had developed one unit fully installed of 7 ,500
horse-power capacity, and that full water conduit capacity for the
additional unit had been constructed; that while carrying on this
development of water power the said company had also completed a
transmission line from its station westward a distance of about
95 miles to Boise, Idaho , for the purpose of supplying the cities,
towns and villages and their inhabitants of the territory contigu-
ous to said line , with electrical power for all purposes; that
�500,000 had been emended in such development, and the unit afore-
said was put into operation and supplied current along said trans-
mission line in the spring of 1912, and continuously since said
date; that during the spring of 1912, a transmission line of a-
bout twelve miles in length was constructed from the plant afore-
said to the town of Gooding in Lincoln county, now Gooding county,
Idaho, and beginning with May, 1912, continuously since said date
electricity has been furnished for all required purposes of said
city and its inhabitants; that the reason for the construction
of the transmission line to Boise prior to the construction of
any other transmission line was that it was believed the Boise
market was the largest and most available at the time n
That in August , 1913 , the Beaver River Power Com-
pany sold and transferred all its interest in the said Malade
River development, and all its water rights , transmission lines
and franchises excepting its franchise in Pocatello, Idaho , to
the petitioner, and that the latter is now owner of the said
properties; that to the latter company the State Engineer of
3.

the State of Idaho issued his certificate of final completion
under the water right permit, on the 8th day of March, 1914; that
the petitioner proposes to continue development under the said
permit so that prior to the 22nd day of February, 1918 , it will
have a generating plant sufficient to utilize the full amount of
water appropriated under the permit as contemplated by the peti-
tioner and its predecessors in interest; that the markets of
Boise and Gooding transmission lines are not now extensive enough
to justify the building of plants to be used in connection with
said works of diversion to develop the full amount of power pos-
sible thereunder and will not justify such construction within
several years beyond the tine allowed under said permit for the
beneficial use of the waters procured thereunder, and that the
Boise and Gooding lines are but a part of the lines planned and
intended to be used in connection with the Malacde River develop-
ment; that on the 6th day of Llay, 1913 , the village of Shoshone
granted a franchise to the Beaver River Power Company to con-
struct pole and wire lines in the streets of said village with
which to transmit electrical energy tD be furnished said village
and its inhabitants; that the latter franchise had been duly
transferred to petitioner, the present owner thereof; that prior
to the granting of said last named franchise and for several
months thereafter the Great Shoshone & Twin .palls Water Power
Company, a corporation supplying said village and its inhabitants
with electricity, charged rates therefor which were highly ex-
orbitant and greatly exceeded the rates charged by the petitioner
and the Beaver River Power Company in the territory by them sup-
plied, and that the service so furnished by the Great Shoshone
& Twin Falls 'Water Power Company was and still is inadequate and
4.

unsatisfactory to the said village and its inhabitants, and that
said latter company was and still is unable to fully and adequate-
ly supply at reasonable rates the electrical current now needed,
and which will be reasonably required in the future by said vil-
lage and its inhabitants , and that public necessity and conven-
ience require the extension to the said last named village of the
transmission lines of the petitioner, now ending at Gooding, so
that the said village of Shoshone can be supplied by the distri-
bution system of the petitioner.
The petition contains allegations that public con-
venience and necessity, both present and future, dem4nd that
applicant be permitted to extend its lines through Twin Falls
county and Gooding count, and to the cities of Twin Falls and
Buhl and the villages of Filer and Wendell, basing such allega-
tions on grounds similar to those given for extending its said
lines to Shoshone aforesaid, and alleging that it had obtained
franchises from the proper authorities in said counties, cities
and villages, and had already constructed a main electric trans-
mission line from its plant on the IIalade River for a distance
of 39-1/2 miles south and east to the city of Twin Falls, passing
through -and contiguous to the city of Buhl and village of Filer,
and that said line is now fully constructed, and electricity has
been transmitted thereon to the city of Twin Falls and the City
of Buhl; that petitioner has expended in its distribution sys-
tem at Twin Falls the sum of ""25 ,000 . , and in its distribution
system at Buhl the sum of 410.000. It charges that prior to
petitioner' s entry into said cities with its distribution sys-
tem the Great Shoshone a Twin Falls Water Power Company had been
for several years furnishing electrical current to said cities
and their inhabitants .
Copies of the ordinances are attached to the peti-
5.

tion, from which ,it is disclosed that the franchise of Shoshone
was granted the 6th day of May, 1913, of the city of Twin Falls
the 29th day of April, 1913, of Buhl the 30th day of April , 19139
and of Filer the 19th day of May, 1913 . The resolution of the
Board of Commissioners of Twin Falls county is not dated, but
as there is noted in the Proceedings that the Board will adjourn
until May 16th, 1913, it is a fair presumption that the resolution
was adopted either on that date or at some date prior thereto.
The petition has also attached to it a balance sheet
showing the assets and liabilities of the petitioner corporation
and has a map also attached showing the location of petitioner' s
generating plant and the lines of its distribution system. The
petition in all respects seems to comply with the requirements
of the Rules of Practice of the Commission in such cases .
Due notice of the filing of the petition was given
to the authorities of the counties , cities and villages through
which and to which the petitioner purposes to extend its line, and
also to the Great Shoshone & Twin Falls Water Power Company, the
corporation already furnishing electrical current in said fields.
The Great Shoshone and Twin Falls vdater Power Qo. failed to file
an answer or cross petition to the petition of the applicant.
However,; in the original hearing, the Commission and the parties
Interested considered the material allegations of applicant' s
petition as denied and we shall so consider the same in this
rehearing.
This proceeding arises under Section 48 of the
Public Utilities Act, subdivision A.B. and C. , reading as follows;
"SEEC. 48. ( a) No street railroad corporation, gas
corporation, electrical corporation, telephone corporation
or water corporation shall henceforth begin the construc-
tion of a street railroad, or of a line, plant or system
or of any extension of such street railroad or line, plant

or system, without having first obtained from the
Commission a certificate that the present or future
public convenience and necessity require or will
require such construction; Provided, That this sec-
tion shall not be construed to require any such
corporation to secure such certificate for an ex-
tension within any city or county or city or town
'Cwithin which it shall have theretofore lawfully
commenced operation, or for an extension into ter-
ritory either within or without a city or county
or city or town, contiguous to its street railroad,
or line, plant or system, and not theretofore
served by a public utility of like character or
for an extension within or to territory already
served by it, necessary in the ordinary course
of its business; And, Provided, further, That
if any public utility, in constructing or extend-
ing its line, plant or system shall interfere or
be about to interfere with the operation of the
line , plant or system of any other public utility,
already constructed, the Commission on complaint
of the public utility claiming to be injuriously
affected, may, after hearing, make such order
and prescribe such terms and conditions for the
location of the lines , plants or systems affect-
ed as to it may seem just and reasonable; Pro-
vided, That power companies may, without such cer-
tificate , increase the capacity of existing gen-
erating plants or develop new generating plants
and market the products thereof.
(b) No public utility of a class specified
in sub-section (a) hereof shall henceforth exer-
cise any right or privilege or obtain a franchise
or permit to exercise such right or privilege
from a municipality or county, without having
first obtained from the Commission a certificate
that public convenience and necessity require the
exercise of such right and privilege ; Provided,
That when the Commission shall find, after hear-
ing, that a public utility has heretofore begun
actual construction work and is prosecuting such
work in good faith uninterruptedly and with rea-
sonable diligence in proportion to the magnitude
of the undertaking, -under any franchise or permit
heretofore granted but not heretofore actually
exercised, such public utility may proceed, to
the .completion of such worm, and may, after such
completion exercise such right or privilege; and
Provided, further, That this section shall not be
construed to validate any right or privilege now
invalid or hereafter becoming invalid under any
law of this state , nor impair any vested right in
any franchise or permit heretofore granted.
( c) Before any certificate may issue , under
Xthis. section, a certified copy of its articles of
incorporation or charter, if the applicant be a
corporation, shall be filed in the office of the
Commission. The Commission shall have power,
after hearing, involving the financial ability and
good faith of the applicant and the necessity of add-
itional service in the community, to issue said
certificate , as prayed fpr, or to refuse to issue
the same, or to issue it for the construction of
7

a portion only of the contemplated street railroad,
line, plant or system, or extension thereof, or for
the partial exercise only of said right or privilege
and may attach to the exercise of the rights granted
by said certificate such terms and conditions as in
its judgment the public convenience and necessity
may require."
The above section of the Idaho Public Utility law
is almost a verbatin copy of the California law.
The law is clear that when we adopt the laws of
another state, we also adopt that state' s interpretation of
said law. Our own Supreme Court in the case of Stein vs .-
Morrison, 9 Ida. 426 , 75 Pac. 246, laid down the rule as fol-
lows;
"',ihen a statutory or constitutional provision is
adopted from another state , where the courts of that
state have placed a construction upon the language
/,of such statute or constitution, it is to be pre-
sumed that it was taken in view of such judicial in-
terpretation, and with the purpose of adopting the
language as the same had been interpreted. and con-
strued by the courts of the state f_om which it was
taken."
See also O'Neill vs �otvin, 13 Ida. 721,93 Pac.20;
In re Niday,, 15 Ida. 559 , 98 Pac. 845 ;
Merchants' Protective Association vs. Jacobsen,
22 Idaho 636; 127 Pac. 315.
Having taken our Public Utility Law almost liter-
ally from the California Law, rre are presumed to have adopted
also the interpretation theretofore placed upon it by the
California Railroad Commission. In the case of Pacific Gas
and Electric Co. vs Great Western Power Co. , 1 C.R.C.D.203,
decided June 18 , 1912 , ( this being long before our Public
Utilities Law was enacted) at page 209 the Commission said;
" It certainly is true that where a territory is
served by a utility which has pioneered in the field,
and is rendering efficient and cheap service and is
fulfilling adequately the duty which, as a public
utility, it ones to the public, and the territory
8.

is so generally served that it may be said to
have reached the point of saturation as regards
the particular commodity in which such utility
deals, then certainly the design of the law is
that the utility shall be protected within such
field; ., but when any one of these conditions is
lacking, the public convenience may often be
served by allowin competition to come in. It
has been urged in this proceeding that where a
utility occupying a field has generally served
such field so that the advent of a second utility
would merely serve to divide the business, then
if the existing utility has the ability, if it
choose to do so , to furnish such territory effi-
ciently and at as reasonable rates as can be legi-
timately accorded by the utility desiring to en-
ter the field, even though it had theretofore
charged excessive rates or given inefficient ser-
vice, yet sound economy would require the authority,
which has the power to regulate the rates and ser-
vice of such utility, to require the existing util-
"-ity c furnish such territory adequately and cheap-
ly and to keep the second utility out . Theoreti-
cally much can be said in favor of this contention,
but to attempt to apply it would in practice de-
feat the very intent of the Public Utilities Act
in all cases where utilities did not voluntarily
accord to their patrons those things which are
their due, or, at least, would impose upon the
public authorities the burde�i of forcing such
utilities into a realization of what their proper
relationship to the public is. In times past in
this State efforts on the part of the public au-
thorities to force utilities to give reasonable
rates and adequate service have been met with long
continued litigation, and if the public authori-
ties have at hand an efficient and summary method
of forcing public utilities to accord to their pa-
trons such reasonable rates and adequate service,
then, in our opinion, it is their duty to use it.
If any territory served by an existing utility is
afflicted by such utility with excessive rates or
inefficient service, and a second utility of the
same kind desires to enter such territory, and this
Commission should say to the existing utility "al-
though when you had matters your own way, you lost
sight of your duty to the public , yet we will still
preserve for you this territory in consideration of
your future good behaviour,' in how many instances
does any one suppose a new utility would apply to
enter a territory served -by an existing utility
when the only effect of all its trouble and expense
would be the cheapening of the rate and the im-
provement of the service L-tbs �stino utility?_
And hence if we shouldFin 1-11-e very Zirst 3 iportant
contested application for a certificate of public
convenience and necessity announce the rule that
where the major portion of a territory is served,
though inefficiently and at high rates , the result
of such application will be merely to put the ex-
isting utility upon its good behaviour, thAn we

>C-would, in effect, ,„p saying to all the offending
utilities of this State, if there be any, "You
may proceed with your present methods until com-
petition knocks at the door of your territory and
only then will you be compelled to do justice," and
we would be saying to every new public utility,"you
will knock in vain at the door of any field no,rr_
served by a utility." the result would be that old
utilities would keep - their territory unspurred by the
fear of competition, knowing always that only when it
was imminent need they prepare to do justice to their
patrons , and the new utilities , having no incentive
)(to apply for permission to go into territory more or
less completely, but inef "iciently served, would limit
themselves to new fields within which they would soon,
in turn, assume the same attitude as would be assumed
by the old utilities now doing business wtthin the
State . Rather, do we announce the rule that only un-
til the time of threatened competition shall the ex-
isting utility be allowed to put itself in such a po-
sition with reference to its patrons , that this Com-
mission may find that such patrons are adequately ser-
vecl at reasonable rates. By announcing this principle ,
we hore .-e shall hold out to the existing utilities an
incentive which will induce them voluntarily, without
burdening this Commission or ether governmental authori-
ties , to accord to the communities of this State those
rates and that service to which they are in justice en-
titled, and to the new utilities we shall likewise hold-
out the incentive that on the discovery by them of ter-
ritory which is not accorded reasonable service and just
rates , they may have the privilege of entering therein
if they are willing to accord fair treatment to such ter-
ritory. -We understand the certificate of public con-
venience and necessity to be in this State largely a pre-
cautionary measure. -We have already dealt somewhat at
length with the cases wherein we believe competition
should be allowed, even though such competition will
mainly serve to take patrons from the existing utility.
If, however, a territory is completely served and the
utility has , to the best of its ability, given fair
treatment to its patrons , as already intimated, this
Commission will be slow to permit a competitor to come
into its territory. One of the few cases where , under
such circumstances , the competitor will be permitted
to enter the field, will be where the competitor can
adequately furnish the commodity at a rate so much less
than the rate which can be accorded by the existing
utility, that the interests of the public demand the
commodity at the lower rate. e are aware that this
may work hardships upon small companies , and we are
likewise aware that the State owes a duty to the small
utility which has gone into a field and furnished the
inhabitants thereof with a service which would other-
wise have been denied them. � the advent of the new
utility, under such circumstances, will serve, through
legitL.:ate competition, to impair the investment of the
existins utility, the difference in rates which may be
legitimately accorded by the new utility must be so
considerable that the public interest clearly demands
the rendition of the service at the lower rate before

this Commission will be moved to permit the com-
petitor to enter such field, provided always , as
we have already said, that the existing utility,
be it small or great, has been doing its best to
treat its patrons fairly.'T
The rule above stated was reaffirmed by the California Com-
mission in the case of In re Ora Electric Corporation, 2
C.R.C.D. at page 756 , wherein the Commission said:
"This difference, hoyrever, exists, in the me-
thod- of working out this policy as between Califor-
nia on the one hand and these other states on the
other - in the other states the commissions have
been very much disinclined to permit new utilities
to enter a field already served by another utility
of like character, even if that utility has not done
its duty to the public . In such a case the other
commissions largely give to the existing utility
its day of repentance and permit it to meet the
improved rates or service of the newcomer, there-
by discouraging the development of new enterprises.
On the other hand, the California Commission, un-
less particular Em circumstances call for a different
method of handling the problem, looks to the exist-
ing utility as of the day when the newcomer knocks
at the door. If the existing utility is at that
tir_:e found not to be doing its duty to the public ,
the newcomer is permitted to enter."
And also in the case of In re Application of Pacific bight and
Power Company, 3 C.R.C.D. at page 762, wherein the following
language was used:
"It is evident, however, that until the Pac-
ific Light and Power Corporation made application
to invade this territory, the Ne7rport Beach Elec-
tric Light and Power Company had made little , if
any, effort to improve its service and had not in
any instance reduced its rates. Therefore , under
the rule heretofore laid down by the Commission,
that where upon the application of a corporation
to invade territory served by another corporation,
the corporation occupying the field was found to
be giving poor service at unduly high rates, the
application would be granted, and the corporation
seeking the privileges would be allowed to come in
and compete, this application should be granted."
It is urged that the policy above enunciated, if competition
were permitted, would result in the ultimate consolidation
Of competing companies , after a period of more or less fierce
competition, whereafter the consolidated utility claimed
the right in the courts to receive from the public rates

high enough /to yield to the company a return on all the property
of the original competitors, including the property which had
been duplicated and a large portion of which had been "junked" .
This objection is imaginary rather than real. This would be
true if "cut throat" competition were permitted and typifies the
condition of affairs before the enactment of the Public utilities
law.
In the first place, this Commission is given the
right to establish rates of all utilities , and it shell be the
policy of this Commission to see that all utilities will be allow-
ed a just compensation of the value of their property used and use-
ful for the public purpose, they cannot continue to expect the pub-
lic to pay to them rates high enough to yield unreasonably high
returns on the property. So that if a new company should be per-
mitted to enter the territory now served- by the Great Shoshone
Company, competition will exist only as to the kind and character
of service to be rendered and the numerous and divers uses to
which electric energy may be applied.
Idaho is a young and growing state, with tremendous
possibilities of development, and it seems against public policy
that this Commission should take any step that would tend to tie
up the unlimited undeveloped water power of this state and thereby
retard the development of our resources. The development of this
natural resource, lying at our very doors, should be encouraged so
tLat the people may enjoy the privileges and comforts which are
rightfully theirs. Let us quote again from the case of the Paci-
fic Gas and Electric Co. vs. Great Western Power Co. , supra, at
page 211 thereof:
"Competition does not necessarily become duplication
unless the field covered by a natural monopoly is
completely served. California has just begun her
development. We have no doubt that as a rule in
this state the going in of a second utility will de-
velop a considerable amount of new business , while
leaving an ample field for the existing utility.
Such being the case, the instances wherein this
Commission will deny a certificate of public con-

venience and necessity by reason of the fact that
another utility is already in the field will be
comparatively rare. If we had as dense a popula-
tion as exists in some of the eastern states , and
if our territory were supporting practically the
limit o its population, and practically all the
territory of this state were covered by the plants
of existing utilities , then under the rule we have
already announced practically the only cases where-
in a second utility would be permitted to compete
would be those cases wherein the present utility
was remiss in its duty to the public. But the
fact that a power line , for instance, crosses a
county and in the immediate vicinity of its line
is distributing electricity for power and light
purposes, certainly would not lead us to con-
clude that the entire territory of such county
was completely occupied by the existing utility.
1,1any thousands of horsepower of hydro-electric
energy are now being developed and we have no
doubt that the rapidly increasing population and
the eipen.sion of enterprise within this state will
develop a market which will keep pace with the in-
crease of the supply of this commodity."
If the reasons above specified are sound when ap-
plied to the atate of California, they are certainly sound
when applied to the developmental conditions of Idaho. We ,
therefore , conclude that the California rule as herein
enunciated is the only rational rule for this Commission to
adopt. Having adopted a rule in this matter, we must next
make the proper application of the facts in this case and
determine if they fall within said rule . Iliere are three
questions which 1present themselves for consideration, viz:
( 1) Uldas the Great Shoshone & Tviin Falls .later lower
Company rendering adequate service in the field in question
at the time of the threatened competition by the applicant
herein?
( 2) If the service was adequate , were the rates rea-
sonable?
( 3) Was and is the territory in question completely
served by the Great Shoshone & Nin Falls rdater Power Com-
pany?
The evidence shows that the present developed ca-
pacity of all the plants of the Great Shoshone Co. is about

6050 H.P. , with an estii::ated future capacity of something like
33000 H.P. . This does not include about 2900 H.P. leased from
the Thousand springs Co. and used by the Great Shoshone Co. ;
that the estimated peak load of the company now is something
like 7900 H.]?. , leaving Drb i 750 H._. as a reserve , and this was
considered necessary in the operation of a, plant of that capa-
city to properly guard against contingencies. 3o that to take
on any more load it would be necessary for the company to add
an additional unit or more. It also appears from the evidence
that the company is now in the hands of a Receiver and it is
contended by the applicant herein, that the Great :'hoshone Com-
pany is insolvent and unable to raise more money with which to
increase the capacity of its plant. `'This question was touched
upon very lightly in the evidence. Lir. ,;Iallace, the Receiver,
explained why the application for Receivership was made. 'r!e
shall for the purposes of this hearing, consider the Great Sho-
shone Co. as a solvent , going concern as we prefer to base our
decision upon broader grounds .
It is also urged that the service rendered by the
Great Shoshone Co. was not satisfactory. A great number of
witnesses were called at Shoshone , Buhl, Filer and Twin Falls
on this phase of the case, but we are satisfied from the evi-
dence that the company was giving reasonably good service,
except for heating purposes. We believe , from an economic
stand-point, that electricity is too expensive to be used for
heating purpooes . The evidence shows that the only reason why
it is used for heating at all is that during the summer
months the company used quite a large amount of power
for pumping for irrigation purposes in the immediate vicinity
14.

Exceeding 150 kilowatt hours per month and less
than 250 ---------------------------- ll¢ per k.w.h.
x Exceeding 250 kilowatt hours per month and less-
than 625 ----------------------------- 10¢ IT IT
Exceeding 625 kilowatt hours per month and less _
than 1,000 ----------------- 9¢ " IT
Exceeding 1,000 kilowatt hours per month
Minimum lighting rate, per month ------------ 1.00
To those customers burning their connected load
5 hours per day for 30 days a month ----------- 9¢ per k.w.h.
To those customers burning their connected load
10 hours a day for 30 days a month -------- 7�
Electric signs, minimum charge per month ------ 0 .00.
The above schedule of rates applied to the City of uhoshone,
the City of Twin Falls and the Villages of Filer and Buhl.
These rates remained in effect until January 2nd, 1913 , when
they were voluntarily reduced by the company as follows:
"Residence and Commercial lighting.
The first 50 kwh at 12 cents per kwh.
The next 50 IT at 10 IT rr it
The next 100 7 at 8 n tr
The next 1000 " at 7 '.' It It
The next 4000 " at 6
Above 5200 at 5 TT IT tt
Minimum charge, V1.00 per month.
A discount of one cent per kwh. is allowable
on all- residence and commercial lighting bills ,
providing all billd due the company for all
classes of service are paid on or before the
tenth of the month following that in which ser-
vice is rendered. No bill, however, will be
discounted below �1.00."
On Oct. 149 1913 a complaint was filed with this
Commission by the Village of -Wendell against the Great Sho-
shone Company, charging discrimination by the said Company
in rates at Hountain Home, Glenns Ferry and Gooding, as against
'Jendell and the other southern Idaho towns and cities served
by said Company. An informal hearing was had and the Great
Shoshone Company consented to and acquiesced in the present
rate which was formally ordered reduced by this Commission
on the 23rd day of February, 1914, as follows:

and that this surplus is used in the winter, when not used
Ifor pumping purposes, for heating purposes. The testimony
of Mr. Nunn, touching this subject is as follows :
"No community can afford long to use electric
power-for heating, for the reason that whatever
may be the cost of developing by water power, there
is not water power in the country to supply the
demands for power, so the development of energy
by steam must become a standard. Now in using
coal for steam, we develop electric energy with an
efficiency of six, eight, or ten percent. To turn
it back into heat it is being used in competition
with heating at an efficiency of fifty or sixty
percent. As a comunityl8 use for electricity
for the ordinary purposes encroaches upQp the sur-
plus of the company, the heating use of-lelectri-
city must retreat until finally, after the ordi-
nary uses have encroached entirely and absorbed
entirely the capacity of the plant, the heating
has disappeared and given place to the higher
uses of electricity. There are many uses both in
town and on the farm which do not now involve the
use of power, but for which power will soon be
used to great advantage. One thing is certain,
in the solution of this great economic question,
it will be found that in a community like this
iu will not pay to use oil and coal for the pull-
ing of freight trains while we are using the power
from water power for electric heating. It will
pay better to use the electric power for the rail-
road and burn the coal or oil for heating."
We shall, therefore , conclude that the Great Shoshone Com-
pany was and is in a position to render reasonably good ser-
vice to the citizens of the communities in question.
We now come to the second proposition and that is,
were the rates charged by the Great Shoshone Company in the
territory in question reasonable at the time the applicant
company threatened to enter this territory? The evidence
shows that on or about March 1st , 1908 , the company adopted
the following schedule of rates, to-wit :
"Less than 25 kilowatt hours per month ---- 15¢ per k.w.h.
-Exceeding 25 it " if P �.nd
less than 40---------------------- ------- 14¢ " "
Exceeding 40 kilowatt hours per month and
less than 60 ------------------------- 13� n "
Exceeding 60 kilowatt hours per month and
less then 150 -r----------------------- 12¢ " "
15 .

"To cover all charges for service rendered for light-
ing and power in all cities and villages and rural dis-
tricts wherein the company is now doing business, except
the toT.,:ns of Gooding, Glenns Ferry and Moimtain Home .
Residence Lighting.
9 cents per kilowatt hour for first 20 kilowatt hours.
6-1/2 IT tt It IT TT neRt 20 it IT
5-1/2 TT It TT it TT If 20 TI IT
4 IT IT IT " IT TT 40 IT "
3 " rr it IT " all additional n it
The above rates for residence lighting are subject to a
discount of 10 percent if paid on or before the loth of the
month.
Minimum bill 70 cents for 9 kilowatt hours or less , if
bill is paid on or before the loth of the month succeeding
that in which service is rendered; otherwise, the minimum
charge will be �.1.00 per month.
Commercial lighting.
7-1/2 cents per kilowatt hour for first 50 kilowatt hours.
6 it it IT IT it next 50 it "
4-1/2 Tr I-' it it It If 100 It IT
3-3/4 " iT Tr TT Tt " 300 iT IT
3 it 1.I IT IT tT IT 500 IT IT
2--3 4 if it if it a n 1000 " IT
2-IX4 IT It IT rt TT 0 1000 TT it
2 Tr rr it ►t tr all additional tt it
The above rates for commercial lighting are subject to a
discount of 10 percent if paid on or before the 10th of the
month."
- Afterwardsq to-wit April 9 , 1914 a general order of
this Commission was issued establishing uniform rates for all
territory east of Boise as shown in the following schedule;
"Residence and Commercial Lighting.
9� per Kwh for first 20 kwh per month
8V IT it it next 30 rT IT "
7¢ " it " It 40 iT IT IT
6 IT Tr Tr 5 0 IT IT it
5¢! IT TT n Tr 100 it IT s
4 it it IT It 200 It IT TT
3¢ iT it It a 500 't ITTT
2¢ iT if it all- over 940" it "
Minimum charge vl.00 per month.
A discount of 10% is allowed on all monthly bills
if paid on or before the loth of the month following that in
which service is rendered."

We must assume that this last schedule of rates is
reasonable , otherwise the companies would not have consented
to the same.
The record shows that in the spring of 1912 the
applicant herein, onrather its predecessor in interest, con-
structed a transmission line from its station to Boise and
also a transmission line to Gooding, together with distribu-
tion lines in the City of Boise and the Villages of Gooding,
Mountain Home and GlennsFerry and supplied electrical energy
for light and power purposes in said communities from and
after about May 1st, 19129. and that the schedule of rates so
established ranged from a maximum of 9¢ downward. The Great
Shoshone Company reduced its rates to the same basis in this
competitive territory. It also appears from the record that
the applicant herein is ready and willing to furnish power
for lighting purposes in the territory in question at a
rate not exceeding a maximum of 9¢ per h.W.H. ; although the
maximum fixed in the Ordinances of the several cities, towns
and villages in question was ll¢ per K.W.H. This territory
was threatened by the applicant herein as early as 1912, ac-
tive steps being taken to secure the necessary franchises from
the various cities, towns and villages in the early part
of 1913. This shows a reduction from a maximum of 15�
in Jan. 1913 to a maximum of 9¢ at the present time . We,
therefore, must conclude that the Great Shoshone Company
at the tine the territory in question was threatened with
competition, was not furnishing electrical energy to the
inhabitants of the various cities , towns and villages in
said territory at reasonable rates.

We next come to the third proposition= Was and is
the territory in question completely served by the Great
Shoshone Company? The record shows that the Great Shoshone
has constructed 96 .87 miles of rural distribution lines,
scattered over six counties and radiating out from 18 different
cities , towns and villages as distributing centers. From those
facts we can hardly conclude that the entire territory of those
six counties was completely occupied by the Great Shoshone Com-
pany. The California Commission in the case of the Pacific
Gas and Electric Co. vs . Great 'Jestern Power Co. , supra, page
212 , said; "But the fact that a power line, for instance, dros-
ses a county and in the irmecliate vicinity of its line is dis-
tributing electricity for power and light purposes , certainly
could not lead us to conclude that the entire territory of such
county was completely occupied by the existing utility."
Another question urged by the applicant was that the
U , �
�f daho Power and Light Co. can furnish power more cheaply than
the Great Shoshone Co. by reason of its smaller investment.
Evidence was introduced showing the property cost of the Shoshone
Company to be something like y'4,217 ,203 .84 while that of the
Idaho Power and Light Co. was 1"�2,192 ,009 .20. These figures
were compiled from the annual reports of the companies filed-
with this Commission. This clatter of values or cost was very
lightly touched upon and we can hardly give very much weight
to the same. We would hesitate considerably before accepting
the same as final in a rate making contest. Je are satisfied
from the evidence introduced, however, that the Idaho Power
and Light Co. can furnish power as cheaply, if not more
cheaply, than the Great Shoshone Company and that is as far
as we case to discuss the matter in this case.

We do not wish to be understood as holding, or
intending to hold, that the door of competition will be
thrown wide open in this estate ; but, unless it is shown that
the utility desiring to enter a competitive field can give
such service as will be a positive and material advantage to
the public , it will not be allowed to enter a field already oc-
cupied; PROVIDED always, that the existing utility is furnish-
ing the public in its territory with adequate service at reason-
able rates at the time of the threatened competition. Each
case must be decided upon its own particular merits.
With the findings above set forth and the views here-
in expressed, the conclusion which must follow is that the
Order heretofore entered in this case on the original hearing,
being Order No. 169 , should be vacatea and set aside , and that
the application of the Idaho Power and bight Company for a cer-
tificate of convenience and necessity be granted.
II IS, ITMiMilORE, ORDERED, That Order No. 169 , being
the Order of this Commission made and entered in this case at
the original hearing, be, and the same hereby is vacated and
set aside.
IT IS FURTHER ORDERED, That there be granted and
there is hereby granted to the said applicant the certificate
as applied for in the territory covered in the application.
The foregoing opinion and order are hereby approved
and ordered filed as the opinion and order of the Public Utili-
ties Commission of the State of Idaho .

Dated at Boise, Idaho, this 1&th day of January,
1915.
Commissioners.
f