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HomeMy WebLinkAbout20240903Decision Memo.pdfDECISION MEMORANDUM 1 DECISION MEMORANDUM TO: COMMISSIONER ANDERSON COMMISSIONER HAMMOND COMMISSIONER LODGE COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM: CHRIS BURDIN DEPUTY ATTORNEY GENERAL DATE: SEPTEMBER 3, 2024 SUBJECT: IN THE MATTER OF THE APPLICATION OF RIVERSIDE ELECTRIC COMPANY, LIMITED AND CITY OF RUPERT FOR AN ORDER APPROVING A SERVICE TERRITORY AGREEMENT BETWEEN THE APPLICANTS; CASE NO. C12-E-24-02. On February 2, 2024, Riverside Electric Company, Limited (“Riverside”) and City of Rupert (“Rupert”) filed an application with the Idaho Public Utilities Commission (“Commission”) for approval of a Service Territory Agreement between Riverside and Rupert. On June 5, 2024, the Commission issued a Final Order approving the Service Territory Agreement and requiring the parties to submit an executed Agreement to the Commission. Order No. 36208. On June 27, 2024, Riverside submitted a notarized Agreement signed by the Board president of Riverside Electric Company Limited and legal counsel. Riverside represented: 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. STAFF RECOMMENDATION Commission Staff (“Staff”) has reviewed the submission, and Staff recommends that the Commission reject the unexecuted Agreement. With respect to Riverside’s request that the Commission intervene, Staff notes that Riverside has not presented any argument or authority to show how, or why, the Commission would intervene in this matter. Staff recommends that the Commission deny the request. In the alternative, Staff recommends the Commission provide Riverside with fourteen (14) days to submit additional argument and authority to support the request. DECISION MEMORANDUM 2 COMMISSION DECISION Does the Commission wish to: 1. Reject the unexecuted Agreement? 2. Deny Riverside’s request for the Commission to intervene? 3. Provide Riverside with fourteen (14) days to submit additional argument and authority to support its request for the Commission to intervene? __________________________ Chris Burdin Deputy Attorney General I:\Legal\ELECTRIC\C12-E-24-02_Rupert\memos\C12E2402_dec2_cb.docx