20241018Final_Order_No_36360.pdf

Office of the Secretary
Service Date
October 18,2024
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. 36360
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("Application")with the Idaho Public Utilities Commission
("Commission")for approval of a Service Territory Agreement("Agreement")between Riverside
and Rupert.
On June 5, 2024, the Commission issued a Final Order approving the 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 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.
On September 3, 2024, the Commission considered Riverside's June 27, 2024, filing
during the Commission's Decision Meeting.
On September 13,2024,the Commission issued Order No. 36319 rejecting the unexecuted
Agreement filed on June 27, 2024, and giving the parties fourteen (14) days to either file an
executed Agreement or file an amended request for Commission intervention.
No party submitted any additional filings.
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
ORDER NO. 36360 1

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).
Having reviewed the Application and the record, the Commission finds that the time for
additional filings pursuant to Order No. 36319 has passed, and that the parties have not submitted
an executed Agreement for the Commission to consider. The Commission finds that the
Application should be dismissed.
ORDER
IT IS HEREBY ORDERED that the Application is dismissed.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date upon this Order regarding any
matter decided in this Order. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code §§ 61-
626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this 18th day of
October 2024.
ERIC ANDERSON, PRESIDENT
R. HAMMOND JR., COMMISSIONER
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E WARD LODGE, CO ISSIONER
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IALegahELECTRIC\C 12-E-24-02_Rupert\orders\C 12E2402_FO_dis_cb.docx
ORDER NO. 36360 2