The URL can be used to link to this page

Home My WebLink About20240701Application - Signed.pdf RECEIVED Monday, July 1, 2024 IDAHO PUBLIC UTILITIES COMMISSION RO sox 12 _ 125 East 300 South •i Rupert,ID 83350 208-436-3855 June 27, 2024 Idaho Public Utilities Commission PO Box 83720 Boise, ID 83720-0074 Attn: Commission Secretary RE: Signed applications for Case Nos. C12-E-24-01, C12-E-24-02 and C12-E-24-03 Dear Commission Secretary, Please find enclosed three applications: Case Nos. C12-E-24-01, C12-E-24-02 and C12-E-24-03. Case No. C12-E-24-01 Application of Riverside Electric Company, Limited and Farmers Electric Company Ltd for an Order Approving a Service Territory Agreement between the Applicants has been completely signed by legal counsel, board presidents and notarized. Case No. C12-E-24-02 Application of Riverside Electric Company, Limited and City of Rupert for an Order Approving a Service Territory Agreement between the Applicants has been signed by the Board president of Riverside Electric Company Limited, legal counsel and notarized. This application has been in the possession of the City of Rupert since before March 15, 2024 and after several inquiries we have gotten neither a signature nor a written reply. We would like IPUC to intervene. Case No. C12-E-24-03 Application of Riverside Electric Company, Limited and East End Mutual Electric for an Order Approving a Service Territory Agreement between the Applicants has been signed by the Board president of Riverside Electric Company Limited, legal counsel and notarized. However, there is a difference of opinion on the boundary line going through Andoni Farms LLC property EXHIBIT 1. We would like IPUC to intervene. Thank-you for your assistance in establishing and defining our service territory. Chad Sur e - Manager Riverside Electric Company ALAN GOODMAN,#2778 717 7th Street P.O. Box D Rupert, ID 83350 Telephone: (208) 436-4774 Fax: (208) 436-4837 Attorney for Riverside Electric Company, Limited ALAN GOODMAN,#2778 717 7th Street P.O. Box D Rupert, ID 83350 Telephone: (208) 436-4774 Fax: (208) 436-4837 Attorney for East End Mutual Electric BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION In the Matter of the Application of Riverside ) Electric Company, Limited and East End ) Mutual Electric for an Order Approving a ) Case No. C12-E-24-03 Service Territory Agreement between the ) Applicants. ) Pursuant to Rule 51 of the IPUCRP, and Idaho Code § 61-333, Riverside Electric Company, Limited ("Riverside") and East End Mutual Electric ("East End") respectfully apply for Commission approval of a Service Territory Agreement between Riverside and Farmers on the grounds and for the following reasons: 1. On December 8, 2000, the Idaho Legislature, meeting in special session amended the Idaho Electric Supplier Stabilization Act, §§ 61-332 through 61-334B of the Idaho C12-E-24-03 RIVERSIDE/EAST END- 1 Code. Idaho Code § 61-333 provides that any electric supplier may contract in writing with another electric supplier for the purpose of allocating territories, consumers, and future consumers between electric suppliers and designating which territories and consumers are to be served by which contracting electric supplier. The statute further provides that the Commission shall, after notice and hearing review and approve or reject such contracts between electric suppliers. This joint Application is filed with the Commission for approval. Approval of the Commission of Service Territory Agreements is necessary to comply with the purposes of the Electric Supplier Stabilization Act. 2. The Petitioners have for some time had a Territory Agreement between them. Such Agreement predated the amendment to Idaho Code § 61-333, and therefore Riverside and East End seek approval of the Commission of the existing Territory Agreement. A copy of that agreement is attached as Exhibit 1. 3. The Agreement was negotiated between the parties in order to settle a service territory between the parties, provide for stability of service with consumers, to eliminate duplicating of services and to provide safety in the respective territories. The petitioners believe the agreement is in the best interests of both entities and the customers of both entities. 4. For the foregoing reasons and to fulfill the requirements of Idaho Code § 61-333 Riverside and East End request the Commission, after notice and hearing, approve the Agreement pursuant to law. C12-E-24-03 RIVERSIDE/EAST END - 2 >f-d DATED this_day of )&wl� 2024. GOODMAN LAW OFFICE By Alan Goodman Attorney for Riverside Electric Company 717 7t"Street P.O. Box D Rupert, Idaho 83350 GOODMAN LAW OFFICE By Alan Goodman Attorney for East End Mutual Electric 717 7t"Street P.O. Box D Rupert, Idaho 83350 C12-E-24-03 RIVERSIDE/EAST END- 3 SERVICE AREA STABILIZATION AGREEMENT AGREEMENT made this day of 2024, by and between Riverside Electric Company, Limited of P.O. Box 12, Rupert, ID 83350 ("Riverside") and East End Mutual Electric of 528 East Street, Rupert, ID 83350, ("East End"). 1. RECITALS: 1.1 Riverside and East End are electric non-profit corporations organized in the State of Idaho and distributing electric energy to their respective patrons. 1.2 The service areas of Riverside and East End, in part, are adjacent and contiguous to each other. 1.3 The parties have, in recent years, had an oral understanding relative to the respective service areas, however, the parties believe it appropriate to reduce the respective understandings to this written Agreement and to have the same approved by the Idaho Public Utilities Commission pursuant to Idaho Code § 61-333. In consideration of the recitals, the covenants and conditions herein contained and by statutory authority the parties agree: 2. TERRITORY DEFINED: Exhibit 1, attached to this Agreement and made a part hereof by reference, defines the territories of the respective parties as the territories are contiguous to each other. All of the area south of the red line identified on Exhibit 1 shall be the Riverside territory and all territory north of the red line shall be the East End territory. Riverside shall serve all new customers in its' defined area and East End shall serve all customers in its' defined area. 3. EXISTING CUSTOMERS: To the extent that either party is currently providing service to customers within the service area assigned to the other party by this Agreement, said parties shall continue to serve said customer. Riverside or East End shall not be required SERVICE AREA STABILIZATION AGREEMENT RIVERSIDE/EAST END - 1 to withdraw from the service area allocated to the other, but the right to continue to serve existing customers within the service area of the other party shall not be construed to authorize extension of service to new customers within the service area allocated to Riverside and East End by this Agreement. 4. CAPTIONS: The captions of the paragraphs of this Agreement are for identification purposes only and the captions shall not be construed to define or limit the express provisions of the respective paragraphs. 5. ATTORNEY FEES: The prevailing party in any action arising under this Agreement shall be entitled to reasonable attorney fees and costs in addition to all other relief afforded by the court. 6. OTHER CUSTOMERS: Nothing contained herein shall prohibit the parties from entering into a written agreement to permit the service of a new customer by party whose distribution system is located in the service area of the other, if the new customer can be served more efficiently and safely from the existing service lines of the other party or by the extension of existing service lines. Such agreement shall be in writing, authorized by the respective governing board of each party, and when executed shall be appended to this Agreement. The decision to enter into such agreement is in the absolute discretion of each party and neither party shall have the right of action against the other for the exercise of such discretion. 7. TERM: This Agreement shall remain in full force and effect so long as each of the parties shall continue to operate as electric suppliers under their present form of ownership. In the event either party should terminate operations as an electric supplier, the boundary lines established by the respective service area shall remain in effect as to the successors in interest. In the event either or both parties merge, consolidate, sell or otherwise become a different SERVICE AREA STABILIZATION AGREEMENT RIVERSIDE/EAST END- 2 entity this Agreement shall nevertheless remain in full force and effect as to the successor in interest of the respective parties. 8. EFFECTIVE DATE:This Agreement shall be effective upon its execution by the respective parties and approval by the Idaho Public Utilities Commission. When so executed and approved a copy shall be recorded in the office of the County Recorder, County of Minidoka, State of Idaho. 9. ENTIRE AGREEMENT & MODIFICATION: This Agreement constitutes the entire understanding of the respective parties. All prior negotiations and understandings are deemed merged herein. This Agreement may only be modified in writing executed by the authorized officers of the parties and approved by the Idaho Public Utilities Commission. SERVICE AREA STABILIZATION AGREEMENT RIVERSIDE/EAST END - 3 IN WITNESS WHEREOF the parties have executed this Agreement the day and year first above written. RIVERSIDE ELECTRIC COMPANY, LTD By Kenny Baily, Board President EAST END MUTUAL ELECTRIC By Jon Nelson, Board President SERVICE AREA STABILIZATION AGREEMENT RIVERSIDE/EAST END -4 STATE OF IDAHO ) ) SS County of Minidoka ) On this day of —Z,LI in the year 2024, before me, the undersigned, a Notary Public in and for said State, personally appeared Kenny Baily, known or identified to me to be the President of Riverside Electric Company, Ltd., the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. �1'A GU1;'•- LIG `N` Notary Public f Idahof a O. Residing at a. Y 0 OF��;.� My Commission Expires: .2 STATE OF IDAHO ) """"��1�`, ) SS County of Minidoka ) On this day of in the year 2024, before me, the undersigned, a Notary Public in and for said State, personally appeared Jon Nelson, known or identified to me to be the President of East End Mutual Electric the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. Notary Public for Idaho Residing at My Commission Expires: SERVICE AREA STABILIZATION AGREEMENT RIVERSIDE/EAST END- 5 En e R •. Cen Pr 1i of canal f 4 ��; ' RP09S24E344201 ••o• BP09S24E353. BERBIXE FARMS LLC e• KoU z A •o• o a e• u •. cr Defining the proposed service boundary area between East End Mutual Electric Co. and Riverside Electric Company. Beginning at RP09S24E343000 FORGEON LAMAR N2NW4 34-9-24, 105 E 100 S RUPERT, ID 83350. East to S 200 E. South at RP09S24E353620 KOWITZ DAVID, S2NW4 LESS TAX 5 & 8 35-9-24, 132 S 200 E RUPERT, ID 83350. East at RP09S24E355420 ROLLHEISER GABRIEL L, ROLLHEISER COURTNEY, N25W4 & TAX 8 IN S2NW4 LESS TAX 2 35-9-24, 180 S 200 E. South at RP09S24E355420 ROLLHEISER GABRIEL L, ROLLHEISER COURTNEY N2SW4&TAX 8 IN S2NW4 LESS TAX 2 35-9-24. to E 200 S. Legal descriptions, Property Identification Number (PIN), and current owner(s) are from https://maps.idahoparcels.us EXHIBIT 1 to Service Area Agreement—Riverside/East End SERVICE AREA STABILIZATION AGREEMENT RIVERSIDE/EAST END - 6