20240913Final_Order_No_36319.pdf

Office of the Secretary
Service Date
September 13,2024
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION ) CASE NO. C12-E-24-02
OF RIVERSIDE ELECTRIC COMPANY, )
LIMITED AND CITY OF RUPERT FOR AN ) ORDER NO. 36319
ORDER APPROVING A SERVICE )
TERRITORY AGREEMENT BETWEEN THE )
APPLICANTS )
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 ("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 only by the Board president of Riverside 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.
On September 3, 2024, the Commission considered Riverside's June 27, 2024, filing during the
Commission's Decision Meeting.
COMMISSION FINDINGS AND DECISION
The Electric Supplier Stabilization Act ("ESSA") prohibits an electric supplier (e.g., a
utility, municipality, or co-op) from serving another electric supplier's existing or former
customers. Idaho Code § 61-332B. Section 61-332(2)provides that the purposes of the ESSA are
to: (1) promote harmony between electric suppliers; (2) prohibit the "pirating" of consumers; (3)
discourage duplication of electric facilities; (4)actively supervise the conduct of electric suppliers;
and (5) stabilize service territories and consumers. The ESSA enables electric utilities to allocate
territories and customers if certain conditions are satisfied. The ESSA allows electric suppliers to
contract for the purpose of "allocating territories, consumers, and future consumers . . . and
designating which territories and consumers are to be served by which contracting electric
supplier." Idaho Code § 61-333(1). Such contracts must be submitted to the Commission for
approval.Id. The Commission will approve contracts reviewed under the ESSA if, after notice and
opportunity for hearing, the Commission finds that the agreement conforms with the purposes of
the ESSA. See Idaho Code §§ 61-333(1) and 61-334B(1).
ORDER NO. 36319 1

Having reviewed the Application,the record, and the June 27 filing,the Commission finds
that the June 27 filing does not comply with the provisions of Order No. 36208. Further, the
Commission finds that Riverside has not supported its request that the Commission intervene with
any argument or authority to show how, or why, the Commission possesses jurisdiction or
authority to intervene in this matter.
ORDER
IT IS HEREBY ORDERED that the unexecuted Agreement filed on June 27, 2024, is
rejected.
IT IS FURTHER ORDERED that the parties shall have fourteen (14) days to either file an
executed Agreement as required by Order No. 36208, or to file an amended request for
Commission intervention setting forth argument and authority supporting the request.
IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April 21,
2022. Generally, all pleadings should be filed with the Commission electronically and will be
deemed timely filed when received by the Commission Secretary.See Rule 14.02. Service between
parties should continue to be accomplished electronically when possible. However, voluminous
discovery-related documents may be filed and served on CD-ROM or a USB flash drive.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this 13th day of
September 2024.
ERIC ANDER ON, PRESIDENT
14 9t'_' -
J R. HAMMOND JR., COMMISSIONER
EDWARD LODGE, COMMI&KIONER
ATTEST:
I L10ow—ca..0
Mo c rrios an e
Commission Secretary <257
I:\Legal\ELECTRIC\C 12-E-24-02_Rupert\orders\C 12E2402_Comp_cb.docx
ORDER NO. 36319 2