20250204Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: MICHAEL DUVAL
DAYN HARDIE
DEPUTY ATTORNEYS GENERAL
DATE: FEBRUARY 4, 2025
SUBJECT: IN THE MATTER OF ZIPLY FIBER OF IDAHO, LLC'S AND ZIPLY
FIBER NORTHWEST, LLC'S FAILURE TO PROVIDE ADEQUATE
SERVICE AND MAINTENANCE OF PLANT IN SERVICE PURSUANT
TO IDAHO CODE §§ 62-601 THROUGH 62-624; CASE NO. GNR-T-25-02.
Ziply Fiber of Idaho, LLC and Ziply Fiber Northwest, LLC ("Companies") are related
telecommunication companies, that along with several other related entities, provide
telecommunications service in several locations throughout the State. The Companies are
"telephone corporations" offering "telecommunication services" as defined by Idaho Code § 61-
121. As such, the Companies are public utilities subject to the jurisdiction of the Commission.
Idaho Code § 61-129. This matter comes before the Commission on Staff s recommendation to
order the Companies, through a representative or representatives, to appear at a Show Cause
Hearing. Staff asserts that the Companies have attempted to charge customers in an unreasonable
fashion, failed to maintain adequate service, failed to adequately respond to customer complaints,
and may have failed to comply with the Commission's requirements to withdraw or discontinue
service to a service area(s).Idaho Code §§ 61-301, 302, 303, and 62-612. The specific allegations
presented by Staff are provided in the attached Affidavit of Jon Kruck. See Attachment 1.
Based on conversations with several impacted customers, Staff believes that this pattern
has developed whereby the Companies may be neglecting their systems to push customers to find
alternative telecommunications providers. Staff is concerned that the Companies' lack of
maintenance and refusal to properly repair infrastructure appears to be part of a calculated effort
DECISION MEMORANDUM 1

to force customers off their telecommunication lines through inadequate service—a process known
as "churning."See Attachment 1, the Affidavit of Jon Kruck.
The Commission has authority to investigate this matter. Idaho Code § 61-501. Further,
the Commission has authority to require utilities to maintain and operate equipment to promote
the health and safety of its customers and the public.Idaho Code § 61-515. Staff is aware that both
Companies are regulated under Title 62 of the Idaho Code. However, Idaho Code § 62-616
expressly allows the Commission to address subscriber complaints. See Idaho Code §§ 61-
606(2)(c) and 622(2)(c). Furthermore, the Companies operate under Certificates of Public
Convenience and Necessity Certificate Nos. 383 and 419 and have thus agreed to abide by the
Commission's rules. IDAPA 31.01.01.114.07; see Order Nos. 36060 and 36073. For the reasons
stated above, and those discussed in Attachment 1, the Affidavit of Jon Kruck, Staff requests that
the Commission order the Companies to appear at a Show Cause Hearing and explain their
conduct.
STAFF RECOMMENDATION
Staff recommends that the Commission issue a Notice of Hearing and Order to Show
Cause:
1. Requiring the Companies to pay up to a $2,000.00 penalty per day for failure
to properly abide by the statutory requirements and Commission rules. See
Idaho Code §§ 61-706 & 61-707;
2. Requiring the Companies to appear before it at a Show Cause Hearing, at a date
and time to be set by the Commission in its order, to explain the failure to
maintain equipment and provide reliable service to customers;
3. Ordering a public comment period and a reply comment period for the
Companies,with deadlines set by the Commission in its order,to ensure a wide
avenue for individual and other public participation; and
4. Ordering the Commission Secretary to incorporate by reference all the
information contained in the Formal Complaint of Mike Ayers(Case No. CTC-
T-24-01) into the record in this case.
DECISION MEMORANDUM 2

COMMISSION DECISION
Does the Commission wish to issue a Notice of Hearing and Order to Show Cause:
1. Requiring the Companies to pay up to a $2,000.00 penalty per day for failure
to properly abide by the statutory requirements and Commission rules. See
Idaho Code §§ 61-706 & 61-707;
2. Requiring the Companies to appear before it at a Show Cause Hearing, at a date
and time to be set by the Commission in its order, to explain the failure to
maintain its equipment and provide reliable service to customers;
3. Ordering a public comment period and a reply comment period for the
Companies,with deadlines set by the Commission in its order,to ensure a wide
avenue for individual and other public participation; and
4. Ordering the Commission Secretary to incorporate by reference all the
information contained in the Formal Complaint of Mike Ayers(Case No. CTC-
T-24-01) into the record in this case.
5. Anything else?
Michael Duval
Deputy Attorney General
I:\Lega1\TELEC0M\Zip1y Show Cause\memos\GNRT2502_dec_mddh.docx
DECISION MEMORANDUM 3

ATTACHMENT 1
Jon Kruck Affidavit
(Attached)

RECEIVED
Friday, January 31, 2025 9:04:32 AM
IDAHO PUBLIC
UTILITIES COMMISSION
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER ZIPLY FIBER OF ) CASE NO. GNR-T-25-02
IDAHO, LLC S AND ZIPLY FIBER )
NORTHWEST, LLC'S FAILURE TO ) AFFIDAVIT OF JON KRUCK
PROVIDE ADEQUATE SERVICE AND )
MAINTENANCE OF PLANT IN )
SERVICE PURSUANT TO IDAHO CODE )
§§ 62-601 THROUGH 62-624 )
STATE OF IDAHO )
ss.
County of Ada )
I, Jon Kruck, being first duly sworn under oath, depose and state as follows:
1. My name is Jon Kruck. I am over 21 years of age, of sound mind, and I have
personal knowledge of the facts stated herein.
2. The information contained herein is true and correct to the best of my knowledge
and belief.
3. I am a Utilities Compliance Investigator at the Idaho Public Utilities Commission
("Commission"). I started working in this position in 2022. I am responsible for investigating
consumer complaints with utilities and facilitating fair resolution for all parties within the scope
of the Commission's authority. The Commission's authority relevant to this matter is derived
from: Titles 61 and 62 Idaho Code, IDAPA 31.01.01 et seq.—Rules of Procedure of the Idaho
Public Utilities Commission;IDAPA 31.41.01 et seq.—The Telephone Customer Relations Rules;
the tariff/price list; and Commission Case Nos. CTC-T-23-01 and CTC-T-03-02.
4. I have investigated the allegations made by several customers against Ziply Fiber
of Idaho, LLC and Ziply Fiber Northwest, LLC (referred to collectively as "Companies" and
individually as "Company") and believe the Companies have failed to adopt and maintain
maintenance programs aimed at achieving efficient operation of its plant and equipment to render
safe, adequate, and uninterrupted service. Furthermore, I believe that the Companies have
purposefully allowed telephone service quality to deteriorate in certain areas to a point where
customers cannot reliably make local calls, cannot reliably receive calls, or cannot use the service
AFFIDAVIT OF JON KRUCK 1

for voice grade communication because of crosstalk, static, or other transmission problems. The
Companies have failed to respond to customers' reports of such a "service outage" in accordance
with Telephone Customer Relations Rule 502,IDAPA 31.41.01.502. Specifically,the Companies
have not responded to customer service outages within the timeframes required by Telephone
Customer Relations Rule 502 because many customers have been reporting these issues for
multiple months. My investigation leads me to believe that neglected, broken, damaged, or
deteriorated equipment has not been promptly repaired or replaced on purpose. According to
statements by current and former customers, Ziply field technicians have been instructed by their
superiors not to respond to customers' service requests that may require infrastructure investments.
In addition, the Companies have failed to maintain Emergency 911 service to the affected
customers. I have also heard accounts that the Companies are failing to adhere to Rule 500 of The
Telephone Customer Relations Rules regarding Service Standards. IDAPA 31.41.01.500.
Currently,the Commission has 18 open informal complaints against the Companies. Additionally,
87 informal complaints were made in the last year and over 1,124 informal complaints have been
made since 2016. Most of these complaints relate to service issues, interruptions, needed repairs,
and issues related to outdated or antiquated equipment and infrastructure.
The Companies are designated as a Basic Local Exchange Service per Idaho Code
§ 62-603. Staff considers the Companies as the only viable carriers in the areas they offer service
because it operates as the only Basic Local Exchange Service under Idaho Code § 62-612 and
there are no other viable carriers providing comparable services in many areas of its service
territory because of the remote locations it often serves. In Idaho, the obligation requires certain
telecommunications companies to provide universal service to all customers within their certified
service territory. This includes areas that are remote, sparsely populated, or economically
challenging to serve. The purpose of the obligation is to ensure equitable access to
telecommunications services, consistent with the principles of universal service as outlined in
Idaho Code § 62-612. Under Idaho law, a telephone corporation subject to this chapter which
provides basic local exchange or message telecommunication service, may not withdraw or
otherwise discontinue such service to a local exchange area unless one or more alternative
telephone corporations are furnishing the respective telecommunication service or equivalent
service to the customers in such local exchange area at the time such service is withdrawn or
otherwise discontinued. The Companies are responsible for maintaining comparable service levels
AFFIDAVIT OF JON KRUCK 2

across urban and rural areas, ensuring service quality is not compromised for geographically
isolated regions, as required by Idaho's commitment to universal access.
This regulatory framework ensures a safety net for customers, particularly in
scenarios where competitors may withdraw from the market, leaving gaps in service. Idaho's
statutes obligate carriers to provide consistent coverage and prevent service disruptions,promoting
continuous and reliable telecommunications infrastructure across the state.
To balance the financial burden of extending service to high-cost areas, Idaho
statutes provide companies with mechanisms for cost recovery. These may include adjustments
to service rates or access to funds such as the Idaho Universal Service Fund, as per Idaho Code §
62-610 et seq. These provisions help ensure that companies can fulfill their obligations without
incurring unsustainable financial losses.
Idaho Code § 62-612(1) places restriction on withdrawal or discontinuance of
telecom service where no alternative telephone corporations are providing an alternative service.
Most complaints regarding the Companies' service issues are from areas where no viable
alternative telephone corporations furnish the respective telecommunication service or equivalent
service to the customers in their local exchange area, making Ziply the only carrier in several of
their service areas.
Idaho law emphasizes the importance of distinguishing between a provider's
designation as a service carrier and the actual availability of service. Regulatory oversight ensures
that companies maintain effective and accessible service coverage, meeting the statutory
requirements for equitable and universal telecommunications access. Idaho Code § 62-610E and
Idaho Code § 62-612F. The Companies have responded that there are two other Eligible
Telecommunications Carriers ("ETCs") present in at least one area I have received complaints
from. However, the two ETCs described are satellite based, and reliable service is not viable due
to the mountainous terrain, meaning both alternative ETCs cannot provide an equivalent service
consistent with the requirements of Idaho Code § 62-612(1) and Idaho Code § 62-622. At least
one company provided these satellite systems to at least one customer, and the service did not
provide reliable voice quality service and the system was returned after a short time. Neither of
the two"alternate"ETCs provide Basic Local Exchange Service. The Companies' contention that
viable ETCs are present is not supported by the actual experiences of customers, a review of the
companies that Ziply cited, or by a review of the Commission records.
AFFIDAVIT OF JON KRUCK 3

5. While investigating a recent informal complaint, I requested a copy of both
Companies' Maintenance Programs—which the Companies must adopt and pursue pursuant to the
Telecom Customer Relations Rule 500,IDAPA 31.41.01.500. These Rules require the Companies
to have a plan for efficient operation of its systems.
6. 1 also requested an explanation why the Companies are out of compliance with
Rules 500 through 502, IDAPA 31.41.01.500 through 502. The response was that Ziply does not
maintain a record of all maintenance activities unless a change management request is made, and
unless the maintenance impacts the customer or has the potential to do so (as evidenced by
EXHIBIT A attached hereto). Seeking clarification, on December 17, 2024, I contacted Jessica
Epley, Ziply's V.P. of Regulatory and External Affairs, and requested a copy of the Companies'
Maintenance Program and the last two years of. 1) customer trouble reports; and 2) monthly
records of out-of-service reports. The Companies have not responded as of the writing of this
document.
7. In a separate recent service complaint,photos of Ziply Fiber of Idaho's service lines
show a pole with a significant downhill lean causing some of the observed line and poles to rest/rub
on trees and bushes. I believe the main issue in these photos is an approximate 50-foot section
resting on the ground and zip tied to random bushes. The section in the photos also has two splices.
According to the customer, this section has apparently been this way since a tree fell three years
ago. At that time, according to the customer, the Company advised it would come back and fix
this temporary patch. The recent photos I observed indicated to me that the Company has not
followed up since the original temporary repair. Staff previously provided these photographs to
the Company.
When I asked the Company about the situation, the Company commented that the
technician inspected the pole and lines in question. The Company confirmed that "the [25-pair]
cable on the pole is properly staked to the ground and secure." EXHIBIT B at 2. According to a
member of Ziply's customer response team, "there is no issue with the line and no safety issue
with the poles/lines as this is part of a cross country lead [is] in a heavily wooded area." Id. The
Company stated that its technician who responded to repair the customer's service line verified
that the customer who sent the pictures was not connected to the cable or"coming off this pole on
the back of the property."Id. The technician further stated that the "pole/line does not affect her
service at all." Id. I pressed the Company by asking who is served by the cross-country line,
AFFIDAVIT OF JON KRUCK 4

suggesting that it goes to customers somewhere or it would not be there. I further asked the
Company if it has received the photos that I sent showing the lines hanging near the ground, the
leaning pole, and the downed tree leaning against the lines.
When asked about a specific line and who it serves,Ziply Fiber of Idaho's customer
response team member responded that"[t]he line in question is active and functions properly,there
are no outages related to it." Id. at 1. The Company's technician went on to share the photos with
the local manager, and a Company technician inspected the line in person. As mentioned earlier,
according to the Company, the 25-pair cable on the pole is securely staked to the ground, and the
leaning pole and tree leaning against the line are not affecting the service or posing any safety risks
(it is just unclear who is served by the line). This line is in a wooded area,not on private property.
According to the local manager, this has been reported to the Companies' engineering and outside
plant team for further evaluation as a maintenance issue.
The photos (as evidenced by EXHIBIT C attached hereto) show the cable resting
on the ground, trees and poles leaning on the cable, and the overall poor condition of the line with
patches and repairs that do not appear to be a permanent. Based on the Company's responses, it
does not consider the condition and apparent lack of maintenance of the lines to meet its own stated
standard of being"customer impacting or having the potential to be." EXHIBIT D at 1. It seems
that allowing cables to rest on the ground (with overgrown vegetation), allowing trees and poles
to lean against lines, and allowing cables (often staked to the ground rather than on poles or
properly installed underground) are the Companies' allowable practices. Assuming this is the
Companies' standard, it does not appear that it meets the standards described in IDAPA
31.41.01.500.01 which require all telecom companies to have a maintenance program, and among
other things, to ensure plant and equipment are maintained in good repair. Based on customer
comments and complaints I have reviewed, and comments from the Companies' own technicians,
it appears that this rule is not being complied with. In response,the Companies have stated that it
relies on references within its Price List. Specifically,the Company sent an email to Staff on July
24, 2024 (as evidenced by EXHIBIT E attached hereto) and stated the following:
Section 2.2.2 OBLIGATION TO FURNISH SERVICE
1. The Companies' obligation to furnish service or to continue to furnish service is
dependent on its ability to obtain, retain, and maintain suitable rights and facilities,
without unreasonable expense, and to provide for the installation of those facilities
required incident to the furnishing and maintenance of that service.
AFFIDAVIT OF JON KRUCK 5

2. Such connections are also subject to the availability of required facilities.
I searched Ziply Fiber Northwest's most current tariff dated April 2, 2022,which indicates
Section 2.2.2 in the General Regulations as "Unlawful Use." I was unable to locate Section 2.2.2
Obligation to Furnish Service citation. However, I was able to locate similar, but non-exact
language in: Ziply Fiber Northwest, LLC dba Ziply Fiber I.P.U.C. Price List No. 1., Section II,
Original Sheet 3, General Regulations, L. Obligation of the Company, Sec. 1. Furnishing of
Service. This states: "[t]he Company's obligation to furnish service is dependent upon its ability
to secure and retain, without unreasonable expense, suitable facilities and rights for the
construction and maintenance of the necessary circuits and equipment."
8. I believe the Company's make decisions regarding system investments and repairs
based on General Regulations, as referenced above. It appears the Company's justify not properly
maintaining their systems based on a determination of what is and is not a reasonable expense.
This practice is in direct conflict with IDAPA 31.41.01.500.01 which requires the Company to
keep all existing plant and equipment in good repair and promptly repair or replace damaged or
deteriorated equipment.
9. The Commission has received complaints from several of the Companies' service
areas —with most complaints from the rural and mountainous service areas. Based on statements
made by customers in these complaints, and by the responses from the Companies, it appears that
the Companies have been aware of the deteriorating condition of several of its service lines and
facilities for some time. According to statements made by the Companies' technicians to
customers, the Companies have instructed its field technicians to provide essentially "band-aid"
fixes, as the Companies refuse to invest in modern technologies and infrastructure—which has
resulted in a significant decline in service quality and voice quality for customers. It appears that
any efforts to improve its infrastructure have focused on population centers at the expense of rural
customers' service quality.
10. After evaluation of the facts in several similar complaints, my investigation leads
me to believe that the lack of maintenance and failure or refusal to properly repair or upgrade the
infrastructure are part of a strategic effort or plan by the Companies' management to force
customers off the line through inadequate service (churning). This conduct, I believe, has led to a
slow attrition of customers, allowing the Companies to effectively abandon the infrastructure and
its obligation to provide reliable service over time without formally notifying regulatory bodies or
AFFIDAVIT OF JON KRUCK 6

the affected customers. My investigation suggests this occurs primarily in higher cost-of-service
mountainous, rural areas, where alternatives like satellite, Voice Over Internet Protocol, and
cellular are not reliable or not practical due to the geography. The Companies contend that these
alternative services are available and useful. However, after speaking with customers who have
attempted to use these services, I believe that the Companies' chosen alternatives are an
insufficient substitute to the service the Companies are required to provide.
11. Many complaints I have reviewed are from elderly individuals who rely on landline
phones for emergency services. These customers report an inability to access reliable phone
services, especially in critical moments like medical emergencies or during wildfire evacuation
orders issued via reverse 911. Several customers have described systemic issues with their
telephone service. These issues include:
• Dropped calls, with no ability to call back after disconnections.
• Persistent loud static and noise, particularly in wet conditions or during
inclement weather events.
• Intermittent service loss occurring on an hourly or daily basis.
• Inability to place calls outside of their local area code.
• The frustration of being only able to speak to Customer Service Representatives
located outside of the United States.
• Inadequate customer service experiences, including rude representatives, long
wait times, disconnections when attempting to speak with supervisors, and
inaccessible supervisors.
• Widespread regional issues reported by multiple customers, which are
dismissed by the Companies as isolated incidents affecting only one customer.
• A growing reluctance among customers to report issues,due to their experience
that the Companies will not address or resolve these problems.
Additionally, customers have reported instances where relatives attempting to
contact them via telephone are unable to reach them. Despite numerous attempts by relatives and
others, the telephone does not ring on the customer's end, even though the caller's phone rings
repeatedly.
Due to the surrounding geography, many of these customers do not have access to
adequate cellular service and depend entirely on their landline services. Given their rural or
AFFIDAVIT OF JON KRUCK 7

mountainous locations, these customers are especially reliant on working, reliable telephone
services for emergency response and essential communication. If the accounts of poor service
quality that I have received from numerous customers through formal and informal complaints are
not repaired, the lack of reliable service and sufficient alternatives will continue to pose a serious
threat to their safety and well-being in my opinion.
12. In January 2025, a customer made an informal complaint, as their service had been
out for over three weeks and Ziply Fiber of Idaho cancelled the repair ticket without travelling to
the customer's residence. The customer contacted the Commission, and Staff contacted the
Company requesting another repair ticket be opened. The Company's technician travelled to the
site and was not able to reset the system and advised the customer the Company would not be able
to repair the outage until Spring of 2025. This outage likely affects other customers; however,the
Company has failed to provide Staff with the actual number of customers affected following a
request on January 6, 2025. In addition to providing Staff with the number of customers without
service, Staff directed the Company to provide a repair date that meets the timelines shown in Rule
502, IDAPA 31.41.01.502. Staff has not received a response from the Company as of the date of
this Affidavit. The customer is very concerned, as this is their only access to 911 and emergency
services, unless they drive approximately 17 miles to get a cell phone signal. The customer felt
that if a medical emergency or fire occurred, they would not be able to travel the 17 miles to get a
signal in winter conditions and could lose their house to fire, or potentially their life due to non-
access of emergency services.
13. In an attempt to gather information from Ziply Fiber of Idaho regarding the
customer and the lack of maintenance and repairs,the Company responded in an email from Rachel
Lockhart on January 20, 2025 (as evidenced by EXHIBIT F attached hereto) as follows:
Regarding your recitation of the rule requiring keeping existing plant in good repair,
and despite Staff s belief, Ziply Fiber has no record that Avista "granted" us any
utility poles. In fact, review of Google Earth photographs along Highway 14
indicate that Avista electric facilities are present on those poles. Avista has the duty
under the rule you reference to maintain those poles in good repair, and Ziply Fiber
has no duty to maintain an investor-owned electric utility's poles. Attached is a
photo that shows Avista both has facilities on the poles in question and is
undertaking repairs on those poles as of 1/14/2025.
AFFIDAVIT OF JON KRUCK 8

14. Avista provided documents which clearly show that the poles that Ziply has
repeatedly been stating are not their poles or responsibility and stating that the disrepair of the
poles and the reason for not repairing and keeping their plant in good condition belong to Ziply.
During my investigation, Avista provided documents signed by Ziply that show the transfer from
Avista to Ziply on June 9, 2021. I have included the relevant documents clearly showing the
transfer, including emails between the two parties as supporting documents in relation to the
transfer (as evidenced by EXHIBIT G attached hereto). Ziply's contention that the poles are not
theirs and therefore not Ziply's responsibility to maintain appears to be a false assumption on
Ziply's part, as there is a clear paper trail showing Ziply's ownership via Avista's transfer of the
poles in question and therefore Ziply's responsibility to maintain and repair.
In addition,Ziply has made claims that the poles were unsafe to maintain and repair,
then in an email received on January 21,2025, from Rachel Lockhart representing Ziply,provided
a photo of Avista performing work on their poles in the same service area as Ziply's infrastructure.
This is in direct contrast to Ziply's repeated claim that working conditions are unsafe and would
put their people in harm, as the photo provided shows at least thirteen Avista employees replacing
storm damaged poles in the same area (as evidenced by EXHIBIT H attached hereto).
15. After receiving several informal customer complaints throughout Ziply's entire
Idaho service area and one formal complaint regarding service issues, Staff inquired about the
Companies' plans for future upgrades and repair projects to improve service in these areas and was
informed that there are no plans to address the deteriorating infrastructure in these rural areas and
that no upgrades or maintenance projects are planned for the regions where these customers reside.
16. 1 have examined the Original Certificate of Public Convenience and Necessity No.
419, issued on December 15, 2003, to Citizens Telecommunications Company of Idaho ("CTC")
pursuant to Order No. 29396, as well as the First Amended Certificate No. 419,which updated the
Company's name to CTC DBA as Ziply Fiber of Idaho,LLC, dated January 16,2024. I have also
examined the Original Certificate of Public Convenience and Necessity No. 383, 2nd amended
CPCN No. 383 and 3rd amended CPCN No. 383, which updated the name changes from GTE
Northwest to Verizon Northwest, Inc.,then in the 2nd amendment from Verizon Northwest, Inc. to
Frontier Communications Northwest, Inc, and in the 3rd amendment from Frontier
Communications Northwest, Inc to Ziply Fiber Northwest, LLC dba Ziply Fiber. Additionally, I
have reviewed the Base Rate Area and Exchange Area Maps, which clearly delineate the
AFFIDAVIT OF JON KRUCK 9

customers impacted by the lack of maintenance experienced within the Company's Exchange
Areas. The areas where most of the Company's complaints are located are within the Company's
exclusive service areas, with no other viable carriers operating within the Base Rate Area or
Exchange Area. As stated earlier, cellular and satellite systems do not work in many portions of
the Company's service areas as reasonable substitutes due to the mountainous and rural terrain.
Furthermore, after thoroughly reviewing Title 62, Idaho Code and IDAPA 34.41.01 (Telephone
Customer Relations Rules), I found no provisions that exempt the Company from complying with
Title 62, Idaho Code or IDAPA 34.41.01 in relation to the proper maintenance of the telephone
distribution system.
Dated this 30 day of January 2025.
Jon#ruck
Uti ties Anary/st II/Consumer Department
Idaho Public Utilities Commission
SUBSCRIBED AND SWORN to before me this 0 day of January 2025.
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AFFIDAVIT OF JON KRUCK 10

EXHIBIT A

Jon Kruck
From: Ziply Fiber <[e-mail]>
Sent: Wednesday, December 4, 2024 6:32 PM
To: Jon Kruck
Subject: SUPP ONE RESPONSE WFM-83409455: IPUC : Consumer Contact
CAUTION: This email originated outside the State of Idaho network. Verify links and attachments BEFORE you
click or open, even if you recognize and/or trust the sender. Contact your agency service desk with any
concerns.
Hi Jon,
I apologize for the confusion. In re-readingyour question my inital response may have not applied.
We can provide you with records on customer level but for questions regarding overall maintenance policy,
please refer those questions to VP—Regulatory & External Affairs, Ziply Fiber, Jessica Epley.
Thank you,
Belinda Smiley
Customer Response Team
--------------------------------------------------------------------------------------------------------------------------
From: Complaints Northwest<[e-mail]>
Sent:Tuesday, December 3, 2024 8:37 AM
To: Smiley, Belinda <[e-mail]>
Subject: FW: RESPONSE: WFM-83393794: IPUC : Consumer Contact
From:Jon Kruck<[e-mail]>
Sent:Tuesday, December 3, 2024 8:30 AM
To: Complaints Northwest<[e-mail]>
Subject: RE: RESPONSE: WFM-83393794: IPUC : Consumer Contact
Good morning Belinda,

Thank you for the responses. Just to clarify, on question 5,what you are saying is that the company does not have
written maintenance program? Is that correct?
Jon Kruck
Utilities Compliance Investigator
Idaho Public Utilities Commission
Direct: [phone]
Toll Free 1-800-432-0369
From: Ziply Fiber<[e-mail]>
Sent: Monday, November 25, 2024 2:37 PM
To:Jon Kruck<[e-mail]>
Subject: RESPONSE: WFM-83393794: IPUC : Consumer Contact
CAUTION: This email originated outside the State of Idaho network. Verify links and attachments BEFORE you
click or open, even if you recognize and/or trust the sender. Contact your agency service desk with any
I concerns.
Hi Jon,
Please see the below response for the inquiry:
1) Please provide a summary of all correspondence with the customer including trouble calls, repair
requests and billing. Account records confirm that reported voice service issues twice in 2024 (that
lasted 8 days in total), trouble tickets were created and both issues were addressed. Billing records do not reflect
any adjustments for service issues. As a courtesy, a credit of$17.96 (for the 8 total days in 2024)was applied to
the account and will reflect on the 11/28/24 statement.
2) Please respond to each of the concerns brought forth in the complaint and PUC telephone conversation
with the customer. Ziply Fiber advises that repairs are performed as they are reported. In 2024� has
two trouble reports and both were resolved.
3) Please explain what repairs are needed to provide voice quality service to the customer and why they
have not been performed. Work was performed on 11/21/24. A line card was changed to provide enough
voltage to ring line and deliver caller ID.
2

4) Please explain why this issue has been going on for more than a year without resolution. Ziply Fiber
advises that two trouble reports were received in the last 12 months: one on 4/21/24 for "cannot receive calls".
The tech was dispatched, he repaired the service and confirmed working with the customer and one on 11/14/24
for "cannot receive calls". The field tech resolved the issue, spoke to the customer who will advise if the
problem returns.
5) Please provide a copy of your Maintenance Program as required in Rule 500.01 as well as provide an
explanation why the company appears to not be following Rule 500.01(a)(b) and Rule 500.02 and Rule
502. Please be advised, lack of maintenance of a system does not grant the company protection under the
Rule 502.02 (Extenuating Circumstances) provision and will not be accepted as a valid reason for
disregarding regular maintenance and periodic upgrades to maintain service and to keep all plant and
equipment in good repair. Ziply Fiber advises we do not keep a record of all maintenance unless we do a
change management request unless it is customer impacting or has the potential to be.
Have a great holiday,
Belinda Smiley
Customer Response Team
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WARNING: External email. Please verify sender before opening attachments or clicking on links.
Investigator may be contacted by email: [e-mail]
IDAHO PUC/208-334-0300 voice/208-334-3762 fax
Investigator : JKRUCK Jon Kruck
Date Opened : 11/18/2024
Contact Type : COMPLAINT
Contact Method : Email\Fax
Service Class : RESIDENCE
Reason : 0305 -Voice Line Quality(static/crosstalk/etc)
PUC ID : 11258
Name :
Business Name :
Address
City:
State .
Zip :
Phonel
Phonel Ext :
3

Phone2 :
Phone2Ext :
Narrative : From: PUCWeb Notification <Do.Not.Reply(a)puc.idaho.gov>
Sent: Sunday, November 17, 2024 7:00 AM
To: ConsumerComplaintsWeb <ConsumerComplaintsWeb@_puc.idaho.gov>
Subject: Notice: A complaint was submitted to PUCWeb
The following complaint was submitted via PUCWeb:
Name:
Submission Time: Nov 16 2024 5:37PM
Email:
Telephone:
Address:
Name of Utility Company: Ziply Fiber
Contacted Utility: Yes
Comment: "Ziply Fiber is well aware of degraded service in our area.The local service technician for the
company understands that we are paying for service we are not receiving. They have gotten many
complaints. The problem has existed for around 1 year. Nothing is being done so I will make this formal
complaint
The nature of the problem is that the telephone does not ring at our house. When someone calls, they
may let the phone ring 10 times and then hang up. It may or may not ring in our home. Sometimes they let
it ring 10 times and it will only ring once at our house called home and let it ring 35 times; it rang
twice in the house. Caller ID also does not work. Says simply"incoming call". The entire problem is
intermittent. The company knows of the problem and that it is due to their equipment failure.
We do not feel that we should be paying for service that is this poor and with no effort on the part of the
company to fix it. Please help us with this problem. Thank You"
-------------------
From: Jon Kruck<[e-mail]>
Sent: Monday, November 18, 2024 7:58 AM
To: Front<front _puc.idaho.gov>; Chris McEwan <chris.mcewanC@_puc.idaho.gov>; Chris Hecht
<[e-mail]>;Allison Moore <allison.moore@_puc.idaho.gov>; Jolene Bossard
<Jolene.Bossard(@puc.idaho.gov>; Jon Kruck<[e-mail]>; Curtis Thaden
<[e-mail]>
Subject:Jon assigned - -Ziply
No Previous
Jon Kruck
Utilities Compliance Investigator
4

Idaho Public Utilities Commission
Direct: [phone]
Toll Free 1-800-432-0369
-----------------
11/19/2024 9:10 am
Called-. Phone rang six times on commission side. Customer stated that it only rang twice on
■ side. The line was very poor with a great deal of static. I had great difficulty hearing and understanding
most of the conversation. Customer stated that this issue has been going on for more than a year and the
technician has been out several times. Technician has stated that they are aware of what is wrong, but
the company will not spend any money on the proper fix. Customer does not believe. should be
charged for a phone service that mostly does not provide voice quality services.- is tired of the
company not fixing the problem, that the technicians have advised that they know what the issue is but
cannot receive any approvals by management to perform the repairs needed. I advised- that I
would contact the company and see what response we receive and get back to thanked
me and the call ended.
-----------------
Ziply:
1) Please provide a summary of all correspondence with the customer including trouble calls, repair
requests and billing.
2) Please respond to each of the concerns brought forth in the complaint and PUC telephone
conversation with the customer.
3) Please explain what repairs are needed to provide voice quality service to the customer and why they
have not been performed.
4) Please explain why this issue has been going on for more than a year without resolution.
5) Please provide a copy of your Maintenance Program as required in Rule 500.01 as well as provide an
explanation why the company appears to not be following Rule 500.01(a)(b) and Rule 500.02 and Rule
502. Please be advised, lack of maintenance of a system does not grant the company protection under
the Rule 502.02 (Extenuating Circumstances) provision and will not be accepted as a valid reason for
disregarding regular maintenance and periodic upgrades to maintain service and to keep all plant and
equipment in good repair.
-------------
5

EXHIBIT B

Jon Kruck
From: Ziply Fiber <[e-mail]>
Sent: Tuesday, November 5, 2024 12:17 PM
To: Jon Kruck
Subject: RE: WFM-83362143: IPUC-911 Consumer Contact***Response
Supplemental 2***
CAUTION: This email originated outside the State of Idaho network. Verify links and attachments BEFORE you
click or open, even if you recognize and/or trust the sender. Contact your agency service desk with any
concerns.
Hello Jon,
This is in response to your additional questions for Idaho PUC complaint for
So I guess my question is who is serviced by the cross-country line? I would assume it goes to customers
somewhere or it would not be there.
The line in question is in service and is in good working order-there are no outages associated with this line.
Did you received the photos I sent that show the lines hanging near the ground,the leaning pole and the
downed tree leaning against the lines?
I did share the photos with the local manger and a Ziply Fiber technician did view this line in person.As previously
advised,the 25 pair cable on the pole is staked to the ground and secure.The leaning pole and tree against the line
is not affecting service nor is it a safety concern.This line is in a wooded area, it is not on- property.
According to the local manager,this has been reported to our engineering/outside plant team for further review as
a maintenance item.
Kindest Regards
Rachel Lockhart I Customer Response Team
[e-mail]
1-888-488-0303 Extension 4402006
Ziplyfiber.com
--------------------------------------------------------------------------------------------------------------------------
i

Thanks for the follow up Rachel,
So I guess my question is who is serviced by the cross-country line? I would assume it goes to customers
somewhere or it would not be there. Did you received the photos I sent that show the lines hanging near the
ground,the leaning pole and the downed tree leaning against the lines?
Thankyou,
Jon Kruck
Utilities Compliance Investigator
Idaho Public Utilities Commission
Direct: [phone]
Toll Free 1-800-432-0369
From:Ziply Fiber<[e-mail]>
Sent: Wednesday, October 30, 2024 2:12 PM
To:Jon Kruck<[e-mail]>
Subject: RE: WFM-83362143: IPUC-911 : Consumer Contact ***Response Supplemental 1***
CAUTION: This email originated outside the State of Idaho network. Verify links and attachments BEFORE you
click or open, even if you recognize and/or trust the sender. Contact your agency service desk with any
concerns.
Hello Jon,
This is in response to the follow-up for Idaho PUC complaint for
Account review shows called in another trouble ticket on 10/29/24 stating no dial
tone and reported the leaning pole out back stating■ wanted the pole fixed.A technician was
dispatched out to house today 10/30/24 who advised the issue was static on the line when it
rained however the technician found no trouble when he arrived, he confirmed the line■ is served from
is in good condition and the line tested clear.
The technician did look at the pole/lines in question,which are not on property and advised
that the 25pair cable on the pole is staked to the ground and secure. There is no issue with the line and
no safety issue with the pole/lines as this is part of a cross country lead in a heavily wooded area.
The technician also confirmed that- is not served from the cable staked and coming off this
pole on the back of the property.This pole/line does not affect.service at all.
2

Thanks
Kindest Regards
Rachel Lockhart I Customer Response Team
Rachel.lockha [e-mail]
1-888-488-0303 Extension 4402006
Ziplyfiber.com
--------------------------------------------------------------------------------------------------------------------------
From:Jon Kruck<[e-mail]>
Sent:Tuesday, October 29, 2024 6:53 AM
To: Complaints Northwest<[e-mail]>
Subject: RE: WFM-83345710: IPUC-911 : Consumer Contact ***Response***
Good morning Rachel,
As a follow up to this complaint,the_ sent over some photos of the down pole and lines to pass on to your
repair folks.
Thanks,
Jon Kruck
Utilities Compliance Investigator
Idaho Public Utilities Commission
Direct: [phone]
Toll Free 1-800-432-0369
From: Ziply Fiber<[e-mail]>
Sent: Friday, October 25, 2024 3:23 PM
To:Jon Kruck<[e-mail]>
Subject: RE: WFM-83345710: IPUC-911 : Consumer Contact ***Response***
CAUTION: This email originated outside the State of Idaho network. Verify links and attachments BEFORE you
click or open, even if you recognize and/or trust the sender. Contact your agency service desk with any
concerns.
Hello Jon,
This is in response to Idaho PUC complaint for
3

1) Please open a repair ticket if one is not currently open.
A trouble ticket was issued on 10/19/24.
2) Please provide the date and time the technician will be on the property.
Ziply determined part of an area outage due to lightning strikes. Ziply confirmed-
service was restored on 10/24/24 and it did not require a visit to■ premise.
3) Please provide information regarding the downed pole and the fallen tree located at the northwest
corner of the property and provide a timeline for repair of this situation.
This outage was caused by lightning strikes that damaged our equipment and is unrelated to the downed pole
the customer states is on the property. The local manager will send a technician out next week to see what's
going on with the downed pole and I will provide an update once that is done.
4) Please provide any additional information regarding this outage to multiple residences in the area.
Ziply Fiber advises this was an area outage caused by lightning strikes that damaged our equipment. Ziply
Fiber replaced the cards/damaged equipment restoring service 10/24/24. 1 called and spoke with-
and verified service was restored. Ziply has issued time out of service credit from 10/19/24-10/24/24 in
amount of$10.84 +tax. ($54.19/30x6 days =$10.84). This will reflect on the 11/7/24 bill statement
Kindest Regards
Rachel Lockhart I Customer Response Team
Rachel.lockha [e-mail]
1-888-488-0303 Extension 4402006
Ziplyfiber.com
--------------------------------------------------------------------------------------------------------------------------
From: Complaints Northwest <[e-mail]>
Sent: Thursday, October 24, 2024 1:05 PM
To:[e-mail]
Cc: Lockhart, Rachel<[e-mail]>
Subject: FW: IPUC-911 : Consumer Contact;WFME413185
Hi Jon,
This issue has been received and has been assigned to Rachel Lockhart for response.
Kindest Regards,
Ziply Customer Advocacy
4

-----Original Message-----
From:ion.kruck(a)puc.idaho.gov<[e-mail]>
Sent: Thursday, October 24, 2024 12:46 PM
To: Complaints Northwest <complaints.northwest(a)ziplyfiber.com>
Subject: IPUC-911 : Consumer Contact
WARNING: External email. Please verify sender before opening attachments or clicking on links.
NOTICE: Emergencies must be addressed immediately upon receipt of a complaint. Placement of"911"
next to the complainant's name will identify an emergency situation.
Investigator may be contacted by email: [e-mail]
IDAHO PUC/208-334-0300 voice/208-334-3762 fax
Investigator : JKRUCK Jon Kruck
Date Opened : 10/24/2024
Contact Type : COMPLAINT
Contact Method : Front Desk
Service Class : RESIDENCE
Reason : 0301 -Service Outage/Interruption
PUC ID : 11180
Name :
Business Name
Address
City.
State
Zip
Phone1
Phone1 Ext:
Phone2 :
Phone2Ext:
Narrative :
From: Sondra Johnson <[e-mail]>
Sent: Thursday, October 24, 2024 12:18 PM
To: PUC-Consumer<[e-mail]>
Cc: Front<[e-mail]>
Subject: , Ziply fiber
5

_ is calling for who lives between New Meadows and Riggins es not have
cell service.■ Ziply phone has been out since last Saturday. Man%dis at■wits
end to get Ziplyto respond.■ would like our help.- number is
Sondra Johnson, Receptionist
Idaho Public Utilities Commission
------------------
From: Curtis Thaden <Curtis.ThadenC«Puc.idaho.gov>
Sent: Thursday, October 24, 2024 12:23 PM
To: Sondra Johnson <Sondra.Johnson(@puc.idaho.gov>; PUC-Consumer<PUC-
Consumer(a)puc.idaho.gov>
Cc: Front<front puc.idaho.gov>
Subject: Jon Assigned RE , Ziply fiber
No previous.
Curtis
X0322
------------------
10/24/2024 1:16 pm
Called and talked to- was calling on behalf of who lives between new
Meadows and Riggins, Idaho.
_ stated that the companywas supposed to be out last Monday to make the repairs. The technician
came to the area and repaired several other neighbor's phones but failed to come WE house and
repair. phone.= stated that there is a Ziply pole that has been down on the northwest corner of
the property for about two years and now, there is a pine tree that has fallen on the lines, bringing the
communications lines approximately three feet from the ground.= believes this may be part of the
problem.- further stated that this is not a power pole, as the power poles are on the front of the
property, while the communications lines are on their own poles on the back of the property._
_ is on■ way to the property from Lewiston, as they are concerned that_ has no means of
communication from the house in case of emergencies.= stated thatO will follow up and get
photos of the downed communications poles and send them to me.= thanked me and the call
ended.
----------------
Ziply:
1) Please open a repair ticket if one is not currently open.
2) Please provide the date and time the technician will be on the property.
3) Please provide information regarding the downed pole and the fallen tree located at the northwest
corner of the property and provide a timeline for repair of this situation.
6

4) Please provide any additional information regarding this outage to multiple residences in the area.
Thankyou
-------------
7

EXHIBIT C

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,

EXHIBIT D

Jon Kruck
From: Ziply Fiber <[e-mail]>
Sent: Monday, November 25, 2024 2:37 PM
To: Jon Kruck
Subject: RESPONSE: WFM-83393794: IPUC : Consumer Contact
CAUTION: This email originated outside the State of Idaho network. Verify links and attachments BEFORE you
click or open, even if you recognize and/or trust the sender. Contact your agency service desk with any
concerns.
Hi Jon,
Please see the below response for the inquiry:
1) Please provide a summary of all correspondence with the customer including trouble calls, repair
requests and billing. Account records confirm that reported voice service issues twice in 2024 (that
lasted 8 days in total), trouble tickets were created and both issues were addressed. Billing records do not reflect
any adjustments for service issues. As a courtesy, a credit of$17.96 (for the 8 total days in 2024) was applied to
the account and will reflect on the 11/28/24 statement.
2) Please respond to each of the concerns brought forth in the complaint and PUC telephone conversation
with the customer. Ziply Fiber advises that repairs are performed as they are reported. In 2024� has
two trouble reports and both were resolved.
3) Please explain what repairs are needed to provide voice quality service to the customer and why they
have not been performed. Work was performed on 11/21/24. A line card was changed to provide enough
voltage to ring line and deliver caller ID.
4) Please explain why this issue has been going on for more than a year without resolution. Ziply Fiber
advises that two trouble reports were received in the last 12 months: one on 4/21/24 for "cannot receive calls".
The tech was dispatched, he repaired the service and confirmed working with the customer and one on 11/14/24
for "cannot receive calls". The field tech resolved the issue, spoke to the customer who will advise if the
problem returns.
5) Please provide a copy of your Maintenance Program as required in Rule 500.01 as well as provide an
explanation why the company appears to not be following Rule 500.01(a)(b) and Rule 500.02 and Rule
502. Please be advised, lack of maintenance of a system does not grant the company protection under the
Rule 502.02 (Extenuating Circumstances) provision and will not be accepted as a valid reason for
disregarding regular maintenance and periodic upgrades to maintain service and to keep all plant and
equipment in good repair. Ziply Fiber advises we do not keep a record of all maintenance unless we do a
change management request unless it is customer impacting or has the potential to be.
Have a great holiday,
Belinda Smiley
i

Customer Response Team
--------------------------------------------------------------------------------------------------------------------------
WARNING: External email. Please verify sender before opening attachments or clicking on links.
Investigator may be contacted by email:[e-mail]
IDAHO PUC/208-334-0300 voice/208-334-3762 fax
Investigator : JKRUCK Jon Kruck
Date Opened : 11/18/2024
Contact Type : COMPLAINT
Contact Method : Email\Fax
Service Class : RESIDENCE
Reason : 0305 -Voice Line Quality(static/crosstalk/etc)
PUC ID : 11258
Name
Business Name :
Address
City
State l
Zip :_
Phone1 :
Phone1Ext :
Phone2 :
Phone2Ext :
Narrative : From: PUCWeb Notification <[e-mail]>
Sent: Sunday, November 17, 2024 7:00 AM
To: ConsumerComplaintsWeb <[e-mail]>
Subject: Notice: A complaint was submitted to PUCWeb
The following complaint was submitted via PUCWeb:
Name:
Submission Time: Nov 16 2024 5:37PM
Email:
Telephone:
Address:
2

Name of Utility Company: Ziply Fiber
Contacted Utility: Yes
Comment: "Ziply Fiber is well aware of degraded service in our area.The local service technician for the
company understands that we are paying for service we are not receiving. They have gotten many
complaints. The problem has existed for around 1 year. Nothing is being done so I will make this formal
complaint
The nature of the problem is that the telephone does not ring at our house. When someone calls, they
may let the phone ring 10 times and then hang up. It may or may not ring in our home. Sometimes they let
it ring 10 times and it will only ring once at our house._ called home and let it ring 35 times; it rang
twice in the house. Caller ID also does not work. Says simply"incoming call". The entire problem is
intermittent.The company knows of the problem and that it is due to their equipment failure.
We do not feel that we should be paying for service that is this poor and with no effort on the part of the
company to fix it. Please help us with this problem. Thank You"
-------------------
From: Jon Kruck<[e-mail]>
Sent: Monday, November 18, 2024 7:58 AM
To: Front<[e-mail]>; Chris McEwan <[e-mail]>; Chris Hecht
<[e-mail]>; Allison Moore <[e-mail]>; Jolene Bossard
<[e-mail]>; Jon Kruck<[e-mail]>; Curtis Thaden
<[e-mail]>
Subject: Jon assigned - -Ziply
No Previous
Jon Kruck
Utilities Compliance Investigator
Idaho Public Utilities Commission
Direct: [phone]
Toll Free 1-800-432-0369
-----------------
11/19/2024 9:10 am
Called- Phone rang six times on commission side. Customer stated that it only rang twice on
his side. The line was very poor with a great deal of static. I had great difficulty hearing and understanding
most of the conversation. Customer stated that this issue has been going on for more than a year and the
technician has been out several times. Technician has stated that they are aware of what is wrong, but
the company will not spend any money on the proper fix. Customer does not believe should be
charged for a phone service that mostly does not provide voice quality services. is tired of the
company not fixing the problem, that the technicians have advised that they know what the issue is but
cannot receive any approvals by management to perform the repairs needed. I advised that I
would contact the company and see what response we receive and get back to.. thanked
3

me and the call ended.
-----------------
Ziply:
1) Please provide a summary of all correspondence with the customer including trouble calls, repair
requests and billing.
2) Please respond to each of the concerns brought forth in the complaint and PUC telephone
conversation with the customer.
3) Please explain what repairs are needed to provide voice quality service to the customer and why they
have not been performed.
4) Please explain why this issue has been going on for more than a year without resolution.
5) Please provide a copy of your Maintenance Program as required in Rule 500.01 as well as provide an
explanation why the company appears to not be following Rule 500.01(a)(b) and Rule 500.02 and Rule
502. Please be advised, lack of maintenance of a system does not grant the company protection under
the Rule 502.02 (Extenuating Circumstances) provision and will not be accepted as a valid reason for
disregarding regular maintenance and periodic upgrades to maintain service and to keep all plant and
equipment in good repair.
-------------

EXHIBIT E

Jon Kruck
From: [e-mail]
Sent: Wednesday,July 24, 2024 10:15 AM
To: Jon Kruck
Cc: [e-mail]; [e-mail]
Subject: RE: FW: WFM-83189479: IPUC-911 : Consumer Contact ***Response
Supplemental***
Attachments: 6008625 ZIPLY CIAC ELK CITY BAD CABLE REPLACEMENT.pdf
CAUTIOP This email originated outside the State of Idaho network. Verify links and attachments BEFORE you
click or open, even if you recognize and/or trust the sender. Contact your agency service desk with any
concerns.
Hi Jon,
Below are responses to both your 7/18/24 and 7/22/24 questions regarding Idaho PUC complaint for_
7/22/24: 1 received another call from this morning. advised that for the second time,
the technician cancelled the repair ticket without fixing the problem. had to open a third repair
ticket for the same problem. Please advise why there has been a delay in repairs.■ stated that. has
talked to the technician and the technician refuses to open another repair ticket and the phone is still not
working. The customer has been down approximately 28-days now.
Ziply Fiber is aware that- service is not working. The last trouble ticket on 7/9/24 was referred to
engineering.- did put in a new trouble ticket on 7/16/24 however the situation has not changed and
this cannot be fixed by a technician dispatch so the trouble ticket was closed.
7/18/24: Based on the information received from Avista, it appears that the utility poles that are in severe
disrepair belong to Ziply. Therefore, I will ask the question again: What is the plan for upgrades to the
service in this area; and How does the company intend on keeping emergency systems (911) operational
and dependable for customers per the UCRRs?
Ziply Fiber has reviewed a project that is approximately 17 miles of placement through rough terrain with very
poor access to the existing pole lead. Many of the said poles will need to be replaced as well. Placing a new
copper cable will solve the ongoing service issues. We have estimated that your cost of this work effort will be:
$ 2,164,945.59
Services Price List for Idaho, filed with the IPUC, sets out Ziply Fiber's obligation to furnish service to a
residential customer.
Section 2.2.2 OBLIGATION TO FURNISH SERVICE 1. The Company's obligation to furnish service or to continue
to furnish service is dependent on its ability to obtain, retain, and maintain suitable rights and facilities,
without unreasonable expense, and to provide for the installation of those facilities required incident to the
1

furnishing and maintenance of that service. 2. Such connections are also subject to the availability of required
facilities.
Given the proximity to our facilities in Elk City and the condition of the infrastructure to reach this location,
Ziply Fiber needed to evaluate the cost and the extenuating circumstances related to service restoration at
this location which would require replacement of approximately 17 miles of copper cable through rough
terrain. In this instance, the engineering quote cost to serve at this location would not be "without
unreasonable expense".
In order to complete this project to service this location,- and other customers serviced by this cable
would need to agree to the attached Cost In Aid of Construction (CIAC) contract and associated costs. There
are an additional 9 customers on these cables. This CIAC information will be emailed to-today.
If- does not agree, Ziply Fiber can place an order to disconnect his service and will provide service
credit from 6/25/24.
Kindest Regards
Rachel Lockhart I Customer Response Team
[e-mail]
1-888-488-0303 Extension 4402006
Ziplyfiber.com
--------------------------------------------------------------------------------------------------------------------------
From:Jon Kruck<[e-mail]>
Sent: Monday,July 22, 2024 10:05 AM
To: Complaints Northwest<[e-mail]>
Subject: FW: WFM-83188479: IPUC-911 : Consumer Contact ***Response**
Rachel,
just received another call from_. ■stated that■has talked to the technician and the technician refuses
to open another repair ticket and the phone is still not working. The customer has been down approximately 28-
days now.
Please immediately reply to this email and open a repair ticket and restore service to the customer.
Jon Kruck
Utilities Compliance Investigator
Idaho Public Utilities Commission
Direct: [phone]
Toll Free 1-800-432-0369
From:Jon Kruck
Sent: Monday,July 22, 2024 9:54 AM
To: [e-mail]
Subject: RE: WFM-83188479: IPUC-911 : Consumer Contact ***Response***
Good morning Rachel,
2

received another call from this morning advised that for the second time,the technician
cancelled the repair ticket without fixing the problem. had to open a third repair ticket for the same
problem.
Please advise why there has been a delay in repairs.
Thankyou,
Jon Kruck
Utilities Compliance Investigator
Idaho Public Utilities Commission
Direct: [phone]
Toll Free 1-800-432-0369
From:Jon Kruck<[e-mail]>
Sent:Thursday,July 18, 2024 6:30 AM
To: Complaints Northwest<[e-mail]>
Subject: RE: WFM-83188479: IPUC-911 : Consumer Contact ***Response***
Good morning Rachel,
After your response below, I reached out to Avista regarding the poles. Below is their response:
"Hi Jon,
This is what we saw today.
After field verification,Avista does not have any arial facilities 11 miles west of Elk City, only underground. The
poles in that area used to be Avista's butAvista has since converted to an underground system in that area. All
Avista equipment has been removed from the poles with onlyZiply equipment remaining. Ownership of the poles
is nowZiply's. Ziply was made aware ofAvista's conversion and offered a conduit in the trench that the new
underground system utilizes."
Based on the information received from Avista, it appears that the utility poles that are in severe disrepair belong
to Ziply. Therefore, I will ask the question again:What is the plan for upgrades to the service in this area; and How
does the company intend on keeping emergency systems (911) operational and dependable for customers per the
UCRRs?
Thankyou,
Jon Kruck
Utilities Compliance Investigator
Idaho Public Utilities Commission
Direct: [phone]
Toll Free 1-800-432-0369
3

From: [e-mail]<[e-mail]>
Sent: Wednesday,July 10,2024 4:34 PM
To: Jon Kruck<[e-mail]>
Subject: RE: WFM-83188479: IPUC-911 : Consumer Contact ***Response***
CAUTIOr, This email originated outside the State of Idaho network. Verify links and attachments BEFORE you
click or open, even if you recognize and/or trust the sender. Contact your agency service desk with any
concerns.
Hello Jon,
This is in response to Idaho PUC complaint for
1) Please open an expedited repair ticket for the customer.
Ziply Fiber created Trouble Ticket 70052715 on 7/8/24 in response to the complaint with a commit of 7/10/24
1-5pm. This was sent to the local manager to expedite.
2) Does this system require a specialist to work on it that possess a higher level of training? If so, why
doesn't the company initially send a qualified tech to work in this remote area?
No.
3) Please inform the PUC when the technician will be at the customers location.
The technician was dispatched 7/9/24.
4) Is there a plan in place to upgrade the service in this area? Please explain in detail.
See below.
5) Has the company been crediting the customer's account for time out during the multiple outages?
No. - account will be credited for the outage on final determination of length
6) How will the company keep emergency systems (911) operational and dependable for customers per the
UCRRs?
See below.
7) Why did the technician close the repair ticket without repairing the line?
The current trouble ticket remains open at this time. The previous trouble ticket was closed and referred to
the local manager and construction team.
a

This location is extremely remote located along State Hwy 14 approximately 11 miles west of Elk City. The
highway itself is in a canyon winding along the Clearwater River. The route is largely aerial and Ziply Fiber is in
attached to Avista Power utility poles that are in a severe state of disrepair. Given the proximity to our
facilities in Elk City and the condition of the infrastructure to reach this location, Ziply Fiber is evaluating the
cost to improve service at this location. We will provide an update within the next 30 days. Ziply Fiber is
evaluating the extenuating circumstances related to service restoration at this location.
Kindest Regards
Rachel Lockhart I Customer Response Team
Rachel.lockha [e-mail]
1-888-488-0303 Extension 4402006
Ziplyfiber.com
-----Original Message-----
From: Complaints Northwest<[e-mail]>
Sent: Monday, July 8, 2024 10:56 AM
To:jon.kruck(@puc.idaho.gov
Cc: Lockhart, Rachel<racheLlockhartC«)ziply.com>
Subject: FW: IPUC-911 : Consumer Contact-WFME374962
Hello Jon,
This issue has been received and has been assigned to Rachel Lockhart for response. A new trouble
ticket has been issued in response to the complaint.
Kindest Regards,
Ziply Fiber Customer Response Team
--------------------------------------------------------------------------------------------------------------------------
-----Original Message-----
From: [e-mail]<[e-mail]>
Sent: Monday, July 8, 2024 10:16 AM
To: Complaints Northwest <complaints.northwest(a)ziplyfiber.com>
Subject: IPUC-911 : Consumer Contact
WARNING: External email. Please verify sender before opening attachments or clicking on links.
5

NOTICE: Emergencies must be addressed immediately upon receipt of a complaint. Placement of"911"
next to the complainant's name will identify an emergency situation.
Investigator may be contacted by email: -eon.kruck@_puc.idaho.gov
IDAHO PUC/208-334-0300 voice/208-334-3762 fax
Investigator : JKRUCK Jon Kruck
Date Opened : 07/05/2024
Contact Type : COMPLAINT
Contact Method : Front Desk
Service Class : RESIDENCE
Reason : 0301 - Service Outage/Interruption
PUC ID : 10777
Name :
Business Name
Address
City.
State&
Zip
Phone1
Phone1Ext :
Phone2 :
Phone2Ext :
Narrative :
7/5/2024 10:36 am
- called and. is having problems with Ziply again.■ was having intermittent phone service and
had a repair ticket. When the technician came out,. couldn't fix it and now. doesn't have any service
at all and can't get the company to get it working. Technician closed the ticket without repairing the line.
■ is very concerned for emergency services, as■has to go 34 miles to get cell phone service. The
landline is■ lifeline in an emergency, and it is down most of the time.- said this issue has been
going on for over eight years and did not get better when Ziply took over.- states that the service has
deteriorated steadily since Ziply took over the system from Frontier. The customer wants reliable service
and the service that. pays for.■ said- had problems since the company was Pioneer.■ now
wants to file a complaint& have someone from PUC be■ representative to file the work orders.= is
near the point of either filing a formal complaint or filing a class action lawsuit with approximately 120 of
the areas customers who have also had issues with the Company.
--------------------------------------------------
From: Jon Kruck<ion.kruck(a)puc.idaho.gov>
Sent: Friday, July 5, 2024 10:44 AM
To: Front<front _puc.idaho.gov>; Chris McEwan <chris.mcewanca_puc.idaho.go� >; Chris Hecht
<Chris.HechtCa_puc.idaho.gov>; Curtis Thaden <Curtis.Thaden(@puc.idaho.gov>; Jolene Bossard
6

<[e-mail]>; Jon Kruck<jon.kruck(a)_puc.idaho.gov>
Subject: Direct Call-Jon assigned - -Ziply
3 previous Ziply
Jon Kruck
Utilities Compliance Investigator
Idaho Public Utilities Commission
Direct: [phone]
Toll Free 1-800-432-0369
------------------------------------------------
Ziply:
1) Please open an expedited repair ticket for the customer.
2) Does this system require a specialist to work on it that possess a higher level of training? If so, why
doesn't the company initially send a qualified tech to work in this remote area?
3) Please inform the PUC when the technician will be at the customers location.
4) Is there a plan in place to upgrade the service in this area? Please explain in detail.
5) Has the company been crediting the customer's account for time out during the multiple outages?
6) How will the company keep emergency systems (911) operational and dependable for customers per
the UCRRs?
7)Why did the technician close the repair ticket without repairing the line?
Thankyou,
---------------------------------------------

EXHIBIT F

Jon Kruck
From: Ziply Fiber <[e-mail]>
Sent: Monday,January 20, 2025 12:17 PM
To: Jon Kruck
Subject: RE: WFM-83468327: FW: IPUC : Consumer Contact-supplemental
Response
Attachments: Avista Photo Attachment.docx
CAUTION: This email originated outside the State of Idaho network. Verify links and attachments BEFORE you
click or open, even if you recognize and/or trust the sender. Contact your agency service desk with any
I concerns.
Hello Jon,
Per Regulatory, Ziply Fiber believes that Staff's insistence that Ziply Fiber is a Carrier of Last Resort is
inconsistent with Idaho law. There is no Carrier of Last Resort statute in Idaho. Ziply Fiber receives no
universal service support from the State of Idaho. Ziply Fiber and at least two other providers are ETCs in the
Elk City area. =has the option to seek service from these providers. In fact, Ziply Fiber until recently
was paying foStarLink service subscription.
Regarding your recitation of the rule requiring keeping existing plant in good repair, and despite Staff's belief,
Ziply Fiber has no record that Avista "granted" us any utility poles. In fact, review of Google Earth
photographs along Highway 14 indicate that Avista electric facilities are present on those poles. Avista has the
duty under the rule you reference to maintain those poles in good repair, and Ziply Fiber has no duty to
maintain an investor-owned electric utility's poles. Attached is a photo that shows Avista both has facilities on
the poles in question, and is undertaking repairs on those poles as of 1/14/2025.
Kindest Regards
Rachel Lockhart I Customer Response Team
Rachel.lockha [e-mail]
1-888-488-0303 Extension 4402006
Ziplyfiber.com
--------------------------------------------------------------------------------------------------------------------------
From: Jon Kruck<[e-mail]>
Sent:Wednesday, January 8, 2025 7:38 AM
To: Complaints Northwest <[e-mail]>
Cc: Allison Moore <allison.moore()puc.idaho.gov>; Dayn Hardie <[e-mail]>
Subject: RE: WFM-83462225: FW: IPUC : Consumer Contact-supplemental Response
Rachel, thank you for the response.
i

Staff does not agree with your assessment of the situation and will pursue other means to ensure the
company complies with the Idaho rules and statutes.
It appears that the company is in direct conflict with IDAPA 31.41.01.500.01 which requires the Company
to keep all existing plant and equipment in good repair and promptly repair or replace damaged or
deteriorated equipment.
The company is designated as a Carrier of Last Resort(COLR) in the customers area and therefore, under
Idaho telecommunications statutes, the designated telecommunications company(Ziply) are required
to provide universal service to all customers within their certified service territory. This includes areas
that are remote, sparsely populated, or economically challenging to serve. The purpose of the COLR
obligation is to ensure equitable access to telecommunications services, consistent with the principles
of universal service as outlined in Idaho Code § 62-610. Under Idaho law, a COLR must offer service to
any requesting customer within its territory, ensuring no customer is excluded due to location or cost
considerations. The COLR is responsible for maintaining comparable service levels across urban and
rural areas, ensuring service quality is not compromised for geographically isolated regions, as required
by Idaho's commitment to universal access.
This regulatory framework ensures a safety net for customers, particularly in scenarios where
competitors may withdraw from the market, leaving gaps in service. Idaho's COLR statutes obligate
carriers to provide consistent coverage and prevent service disruptions, promoting continuous and
reliable telecommunications infrastructure across the state.
The issues you are having with Avista regarding the poles are between you and Avista unless Ziply and
Avista are not able to work out a resolution, then Ziply and Avista should file a joint case with the
Commission and the Commission will make the decision as outlined in Idaho Code § 61-538 - Pole
Attachment Regulation.
Ignoring the issues of maintaining your plant in service until it reaches a critical point and results in
excessive costs to repair are unacceptable. Staff believes the poles in question were granted to you
approximately eight years ago when Avista went underground with their services. At that time, Avista
offered Ziply a conduit in the same trench for communications lines. According to Avista, this conduit is
still in place and available to Ziply. According to Avista, Ziply has not paid pole attachment fees on the
poles in question since they gave them to Ziply. Therefore, if Ziply believes they are Avista's poles, Ziply
will owe attachment fees in arrears for those poles. However, since Ziply is the only service on the poles,
2

Avista's explanation seems the more plausible explanation and Ziply has rather chosen to disregard
maintenance of their plant in service.
It appears that Ziply's disregard for maintaining its plant in service is entirely the company's own doing
and responsibility.
I would also remind the company of Telephone Customer Relations Rules, Rule 10 below:
010.CONFLICT WITH TELEPHONE TARIFFS OR PRICE LISTS(RULE 10).
If a telephone company's tariff or price list denies or restricts customer rights protected by these rules,
these rules supersede conflicting tariff or price list provisions. I have attached another copy for your
reference.
As previously requested, please provide responsive answers to the questions presented in the complaint
with the understanding that Ziply is required to maintain plant in service and to provide adequate, voice
quality service.
Thankyou,
Jon Kruck
Utilities Analyst II /Consumer Assistance
Idaho Public Utilities Commission
Direct: [phone]
Toll Free 1-800-432-0369
From: Ziply Fiber<[e-mail]>
Sent:Tuesday, January 7, 2025 5:33 PM
3

To: Jon Kruck <ion.kruck(a)puc.idaho.gov>
Subject: RE: WFM-83462225: FW: IPUC : Consumer Contact-supplemental Response
CAUTION: This email originated outside the State of Idaho network. Verify links and attachments BEFORE you
click or open, even if you recognize and/or trust the sender. Contact your agency service desk with any
concerns.
Hello Jon,
This is in response to Idaho PUC complaint for
Per regulatory, the Commission should take no action on this Complaint on the grounds that (1) Ziply
Fiber's compliance with the Commission's repair service standards and restoration of service rule
depends on circumstances outside Ziply Fiber's control (Avista's failure to maintain serviceable poles),
and (2) such restoration or repair without a customer contribution to construction would violate the
terms and conditions of Ziply Fiber's publicly filed ID Competitive Exchange and Network Services Price
List, as well as its Network Access Service Idaho Price List by requiring Ziply Fiber to undertake an
unreasonable expense. Such violations would run afoul of both statute and the Commission's adoption
of the Filed Rate Doctrine in Idaho.
Ziply Fiber's publicly filed ID Competitive Exchange and Network Services Price List, filed with the
Commission, which contains the Company's filed rates, terms, and conditions, at Section 2.2.2 states:
"The Company's obligation to furnish service or to continue to furnish service is dependent on its ability
to obtain, retain, and maintain suitable rights and facilities, without unreasonable expense, and to
provide for the installation of those facilities required incident to the furnishing and maintenance of that
service. Such connections are also subject to the availability of required facilities." (emphasis added)
In this case, Ziply Fiber cannot continue to furnish service without unreasonable expense. Ziply Fiber's
estimate of the cost to repair the neglected Avista poles and maintain service to- and others on
the same cable is$2,164,945.59. For the Commission to order Ziply Fiber to expend this amount without
any customer contribution to said construction would violate the filed rate doctrine by forcing Ziply Fiber
to undertake an unreasonable expense in contravention of its published rates, terms, and conditions of
service. The extraordinary cost to resolve this situation, which resulted from circumstances outside
Ziply Fiber's control (Avista's neglect of its statutory duty to maintain its facilities), would self-evidently
be an unreasonable expense. There is no realistic expectation that the return on investment from
providing- basic telephone service at regulated rates would ever amortize a $2.16+ million
expense during a commercially reasonable time period.
4

Moreover, Ziply Fiber's Idaho Price List for Network Access Services, filed with the Commission as well,
recites the Company's obligation to provide service at Rule A3:
"Obligation To Provide Service: The utility's obligation to furnish service is dependent upon its ability to
secure and retain without unreasonable expense suitable facilities and rights for the construction and
maintenance of the necessary pole lines, circuits, and equipment."
Until Avista repairs or replaces its poles, Ziply Fiber has no suitable facilities available without
undertaking an unreasonable expense.
Ziply Fiber will continue to credit to- for any time out of service and has provided credit to date
from 12/20/24-1/6/25.
Kindest Regards
Rachel Lockhart I Customer Response Team
[e-mail]
1-888-488-0303 Extension 4402006
Ziplyfiber.com
--------------------------------------------------------------------------------------------------------------------------
-----Original Message-----
From: Jon Kruck<[e-mail]. ov>
Sent: Monday, January 6, 2025 2:32 PM
To: Complaints Northwest <complaints.northwestCa)ziplyfiber.com>; Allison Moore
<allison.mooreC«@_puc.idaho.gov>
Cc: Toso-Condon, Robin <[e-mail]>
Subject: RE: IPUC : Consumer Contact; WFME425286
Good afternoon Robin,
5

I received a voice mail from this morning. was able to get to town, whereo had the
opportunity to make a call from cell phone. stated that. had spoken with your technician
Richard last week and that Richard was not able to reset the card and that Richard informed_ that
. would therefore be out of service until spring. This is causing- a great deal of stress and
anxiety in not having access to emergency services or reliable communications with■ family.
1) Please provide the number of people that are on this line and determine how many are without service
and report that number to the commission.
2) Please provide a timeline that meets the rule regarding restoration of telephone service and 911
service to customers affected by this outage.
- and other potentially affected customers require 911 service, especially in winter
conditions. Time is of the essence and a timely response from the company is requested. The safety of
the affected customers and their ability to reach emergency services is of the utmost importance. This
issue will not wait until spring. Please plan accordingly and provide answers to the questions above.
Thankyou,
Jon Kruck
Utilities Analyst II /Consumer Assistance Idaho Public Utilities Commission
Direct: [phone]
Toll Free 1-800-432-0369
-----Original Message-----
From: Complaints Northwest<[e-mail]>
Sent: Monday, December 23, 2024 11:56 AM
To: Jon Kruck<[e-mail]>
6

Cc: Toso-Condon, Robin <[e-mail]>
Subject: FW: IPUC : Consumer Contact;WFME425286
CAUTION: This email originated outside the State of Idaho network. Verify links and attachments BEFORE
you click or open, even if you recognize and/or trust the sender. Contact your agency service desk with
any concerns.
Hi Jon,
This issue has been received and has been assigned to Robin Toso-Condon for response.
Kindest Regards,
Ziply Customer Advocacy
-----Original Message-----
From:[e-mail]<[e-mail]>
Sent: Monday, December 23, 2024 7:10 AM
To: Complaints Northwest <[e-mail]>
Subject: IPUC : Consumer Contact
WARNING: External email. Please verify sender before opening attachments or clicking on links.

Investigator may be contacted by email:[e-mail]
IDAHO PUC/208-334-0300 voice/208-334-3762 fax
Investigator : JKRUCK Jon Kruck
Date Opened : 12/23/2024
Contact Type : COMPLAINT
Contact Method : Front Desk
Service Class : RESIDENCE
Reason : 0301 - Service Outage/Interruption
PUC ID : 11394
Name
Business Name
Address
City
State :.
Zip
Phone1
Phone1Ext
Phone2
Phone2Ext
Narrative
12/23/2024
8

-called and■phone is out again. ■ called to open a repair ticket and they are telling. it will be
January 8th before they can repair. Meanwhile,. has no access to emergency services or 911 unless.
drives 17 miles each way to use his cell phone. The landline is■ lifeline in an emergency, and it is down
most of the time. = needs■ phone ASAP
---------------
Ziply:
1) Please expedite the repair ticket and repair the service to voice quality condition so the customer has
access to emergency services in accordance with UCRRs.
2) Please credit- account for the time out of service until the issue has been repaired.
Thankyou.
----------------
9

EXHIBIT G

Jon Kruck
From: Kyman, Lexie <[e-mail]>
Sent: Tuesday, March 1, 2022 1:51 PM
To: Hagen, Patrick; Robie, Eric
Subject: FW: Grangeville to Elk city UG relocation
Hi Patrick and Eric,
Todd has asked me to organize a site visit to the Grangeville-Elk City line with Ziply. I understand the purpose is to show
them the poles they will take ownership of. I was curious how the conditions are down there, and when you think would
be a good time for us to meet onsite? I have contacts for Ziply and can reach out them once I know when is a good time.
Todd said that this was his last action item on the project, but if there's anything else you need, let me know Q
Lexie Lucassen
Environmental Specialist
1411 E Mission Ave MSC-21, Spokane, WA 99202
P: 509.495.84571 C: 509.993.6852
WWW.m avista.com
From: McLaughlin,Todd
Sent:Thursday, February 24, 2022 3:24 PM
To: Lucassen, Lexie
Cc: Brown,Tyler
Subject: FW: Grangeville to Elk city UG relocation
Hi Lexie,
If you have the time,you should take this one over. I'll respond to the Ziply folks to let them know you will be the POC
and cc you in the email.
As you go through the process, I can fill in any gaps with contacts, etc.
The only action item I had was to set up a site visit with the Grangeville folks and Ziply, which I'll pass along to you to set
up.
Todd McLaughlin
ENVIRONMENTAL,CULTURAL RESOURCES,AVIAN PROGRAMS
1411 E MISSION AVE i MSC-21 I SPOKANE,WA 99202
PHONE [phone] CELL 509-979-7420 1 24 HOUR HOTLINE [phone]
www.myavista.com
X-VIV.Sma
CONFIDENTIALITY NOTICE:The contents of this email message and any attachments are intended solely for the
addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If
1

you are not the intended recipient of this message or an agent of the intended recipient, or if this message has been
addressed to you in error, please immediately alert the sender by reply email and then delete this message and any
attachments.
From: Brown,Tyler<Tyler.Brown @avistacorp.com>
Sent:Wednesday, February 9, 2022 4:07 PM
To: [e-mail]
Cc: McLaughlin,Todd <Todd.McLa ugh [e-mail]>
Subject: Grangeville to Elk city UG relocation
Hi Brent,
As you may recall,Avista is in the process of undergrounding a portion of the wire line from Grangeville to Elk City along
14. If Ziply intends to continue to use the Avista poles,the USFS grant we currently have in place will need to be
modified and you will need to submit this change of ownership form to them.
I have copied Todd McLaughlin from Avista's ENV/CULT dept. on this email as he has a lot of experience working with
USFS in that area.
Let me know how you would like to proceed.
Thanks,
Tyler
F� I
CONFIDENTIALITY NOTICE:The contents of this email message and any attachments are intended solely for the addressee(s)and may contain
confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or an agent
of the intended recipient,or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this
message and any attachments.
2

Jon Kruck
From: Kyman, Lexie <[e-mail]>
Sent: Monday,June 6, 2022 10:18 AM
To: Mulford, Brent; Hagen, Patrick; Hazen, Brad
Cc: Robie, Eric; Leveck, Steve
Subject: RE: [External] RE: Grangeville-Elk City Site Visit
Thank you Brent! I will send out a calendar invite with meeting location so that I don't forget. Feel free to forward to
anyone who is interested in attending.
Lexie Lucassen
Environmental Specialist
1411 E Mission Ave MSC-21, Spokane, WA 99202
P: 509.495.84571 C: 509.993.6852
www.m avista.com
From: Mulford, Brent
Sent:Thursday,June 2, 2022 1:46 PM
To: Hagen, Patrick; Lucassen, Lexie; Hazen, Brad
Cc: Robie, Eric; LeVeck, Steve
Subject: RE: [External] RE: Grangeville-Elk City Site Visit
Some people who received this message don't often get email from [e-mail]. Learn why this is important
Yes, I can change my plans around to be there.
Brent Mulford, Sr. Network Engineer
208-310-0786 (m) 1 208-883-0478 (o)
Brent.Mulford(cD.ziply.com
ziplyfiber.com
Zippy
From: Hagen, Patrick<Patrick.Hagen @avistacorp.com>
Sent:Thursday,June 2, 2022 9:28 AM
To: Lucassen, Lexie<[e-mail]>; Mulford, Brent<[e-mail]>; Hazen, Brad
<[e-mail]>
Cc: Robie, Eric<[e-mail]>; LeVeck, Steve<[e-mail]>
Subject: RE: [External] RE: Grangeville-Elk City Site Visit
1

Eric and I have a meeting in Elk City from 1000-1100 on the 22nd.That being said we would prefer to meet at 1300, at
Newsome Creek on HWY 14.
From: Lucassen, Lexie<[e-mail]>
Sent:Wednesday,June 1, 2022 10:51 AM
To: Mulford, Brent<[e-mail]>; Hazen, Brad <[e-mail]>
Cc: Hagen, Patrick<Patrick.Hagen @avistacorp.com>; Robie, Eric<[e-mail]>; LeVeck, Steve
<[e-mail]>
Subject: RE: [External] RE: Grangeville-Elk City Site Visit
Great, shall we tentatively plan for that week?Any preferences on time of day or specific date?
I would prefer any time other than the morning of the 21". I'll be returning to Spokane the evening before on a late
flight, and it will take me a few hours to get down there.
Thanks,
Lexie Lucassen
Environmental Specialist
1411 E Mission Ave MSC-21, Spokane, WA 99202
P: 509.495.84571 C: 509.993.6852
www.m avista.com
From: Mulford, Brent<[e-mail]>
Sent: Wednesday,June 1, 2022 6:49 AM
To: Hazen, Brad <brad.haze [e-mail]>; Lucassen, Lexie<[e-mail]>
Cc: Hagen, Patrick<Patrick.Hagen @avistacorp.com>; Robie, Eric<[e-mail]>; LeVeck, Steve
<[e-mail]>
Subject: [External] RE: Grangeville-Elk City Site Visit
IYou don't often get email from [e-mail]. Learn why this is important
I jut got back from there last night. I have a trip planned for 6/21-6/24 for other projects in that area. I could do a site
visit then.
Brent Mulford, Sr. Network Engineer
208-310-0786 (m) 1 208-883-0478 (o)
Brent.Mulford(d_)ZlpIV.com
ziplyfiber.com
Zippy
2

From: Hazen, Brad <[e-mail]>
Sent:Tuesday, May 31, 2022 4:11 PM
To: Lucassen, Lexie<[e-mail]>
Cc: Hagen, Patrick<Patrick.H age [e-mail]>; Robie, Eric<[e-mail]>; LeVeck, Steve
<[e-mail]>; Mulford, Brent<[e-mail]>
Subject: Re: Grangeville-Elk City Site Visit
Hi Lexie, yes Tyler Brown reached out to me today and my team will be
working with Tyler and Jesse Butler for all the pole agreement paper work.
For a field visit Brent Mulford is our contact for that area,
Brent, can you or one of your team members schedule a field visit with
Lexie, thanks
Brad Hazen
Joint Use
360-921-9484(o)
[e-mail]
Ziplyfiber.com
zplyA"b
Dou5i.E ElAG
7+ww 0vr(9 A%
From: Lucassen, Lexie<[e-mail]>
Sent:Tuesday, May 31, 2022 3:05 PM
To: Hazen, Brad <brad.hazen@zi Ply.corn>
Cc: Hagen, Patrick<Patrick.Hagen @avistacorp.com>; Robie, Eric<[e-mail]>
Subject: Grangeville-Elk City Site Visit
Ill You don't often get email from [e-mail]. Learn why this is important
WARNING: External email. Please verify sender before opening attachments or clicking on
links.
3

Hi Brad,
As you are aware, discussions of this pole ownership transfer have picked back up again as the weather has gotten
better.That paper transaction will be handled through our real estate (Tyler Brown) and joint use (Jesse Butler)
departments, but I wanted to reach back out again as promised about organizing a site visit.
Are you or some of your local staff available the 21-24t" of June?
Thanks,
Lexie Lucassen
Environmental Specialist
1411 E Mission Ave MSC-21, Spokane, WA 99202
P: 509.495.84571 C: 509.993.6852
WWW.m avistaxom
CONFIDENTIALITY NOTICE:The contents of this email message and any attachments are intended solely for the addressee(s)and may contain
confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or an agent
of the intended recipient,or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this
message and any attachments.
USE CAUTION - EXTERNAL SENDER
Do not click on links or open attachments that are not familiar.
For questions or concerns, please e-mail [e-mail]
4

11
Abandonment Plan for OVHD Distribution
line section on Nez Perce/Clearwater NF
Project Description:
The GRV1273 - Newsome Cr OH-UG project will replace and relocate approximately 8000 feet
of overhead 2/OACSR conductor along the South Fork of the Clearwater River with 4/OCN35
cable in continuous conduit along Highway 14 near Elk City, ID to reduce fire risk and improve
access and reliability.
Project Information:
• Circuit Name: Grangeville 1273 (GRV1273)
• Work Location: Highway 14, between Milepost 38 and Milepost 36.5, near Elk City, ID.
• Work Required:
o Replace and relocate 8000 feet of 2/OACSR overhead conductor with 4/OCN35
underground cable, between Pole #156816 and Pole #156792.
o Install 9 JEs between the Riser and the Dip at locations along Hwy 14
o Abandon existing OVHD line
OVHD Abandonment Plan Elements:
Conductors
• Conductors will be cut at specific locations and dropped to the ground
• The conductors will be spooled and removed for recycling
• There will be slight disturbance to the bed of the SF Clearwater River and shrubs/vegetation
w/in the ROW during removal
• This activity will occur in late July/early August 2022 when water level is lowest and following
section 3.9 (TES Fish Stream Protection Measures) of the CLE91 0&M plan
Wood Poles
• Due to an existing Joint Use Fiber line attached to the poles,Avista will not completely remove
the poles
• Avista will climb each pole, disconnect the hardware and conductors, and cut the pole top just
above the Joint Use.
• The remaining wood poles will be the property of the Joint Use Fiber company and they will be
responsible for maintenance or removal
T. McLaughlin 07/28/2021

• Avista will remove pole tops using ropes/cables and winches. Pole tops will be pulled to the
highway and recycled.
• All hardware will be removed from site and recycled.This includes: insulators, bolts, cross arms,
etc.
• There are stub poles installed on the opposite side of the SF Clearwater that aid in reinforcing
the OVHD line. Stub poles are typically installed when traditional guy/anchor placement is
difficult.These stub poles will be cut at the base and left on the ground to avoid impacts to the
stream bed if pulled out for removal.
o The exception to this is if the stub pole is necessary for the Joint Use Fiber line. In this
case, it will remain and will be the responsibility of the Fiber Company.
Guy wires and anchors
• All guy wires will be removed and recycled.
• All anchors will be left in place to avoid additional ground disturbance during removal
• The exception to this is if the guy wire and anchor is necessary for the Joint Use Fiber line. In this
case, it will remain and will be the responsibility of the Fiber Company.
Transformers
• Not applicable,there are no transformers located along this stretch
Access
• Avista crew will walk in to each pole scheduled for abandonment
• It will be necessary to walk across the SF Clearwater River to reach certain assets
Equipment
• Chainsaw for topping the pole above the Fiber line
• Handtools, including shovels if needed,to remove hardware and cut the conductors
• Trailer mounted stringing machines to remove the three conductors and neutral wire.These
machines will likely be staged along Hwy 14.
• Absolutely no heavy equipment will be operated along the shore or within the SF Clearwater
River.
Restoration
• No restoration is proposed for this abandonment plan since no ground disturbance will occur.
• There will be a significant lift in ecological functions due to eliminating vegetation controls
within and adjacent to the utility ROW.
T. McLaughlin 07/28/2021

Jon Kruck
From: Gores, Missy <[e-mail]>
Sent: Tuesday,January 28, 2025 11:05 AM
To: Jon Kruck
Cc: Bonfield, Shawn
Subject: RE: [External] Elk City infrastructure condition
Attachments: FW: Grangeville to Elk city UG relocation; FS-2700-3a Revocation Form Ziply-Avista.pdf;
TWAA_Ziply.pdf; FW: [External] Fw: Avista forest service pole release form; RE: [External]
RE: Grangeville-Elk City Site Visit; Ziply meeting calendar invite.pdf
CAUTION:This email originated outside the State of Idaho network.Verify links and attachments BEFORE you click or
open,even if you recognize and/or trust the sender.Contact your agency service desk with any concerns.
Good morning Jon,
The Avista team has gathered additional information on the Elk City infrastructure, including an executed agreement
between Avista and Ziply whereby Ziply takes ownership of the poles in question (See attached pdf
"TWAA_Ziply.pdf'). This document alone could be sufficient to resolve IPUC's request. However, a few other emails are
attached for the IPUC,which contextualize and illuminate Ziply's active involvement, understanding and agreement with
this project from the planning stages to document execution:
• FW: Grangeville to Elk City UG relocation (Email)—Brent Mulford of Ziply was advised via email that Ziply will
have to notify US Forest Service (USFS) of change in ownership. (See attached pdf'FS-2700-3a Revocation Form
Ziply-Avista.pdf" signed by Steve LeVeck of Ziply. Please note that Ziply completed the form with a typo in the
year,which should be 2022—the same date as the transfer of ownership agreement was signed by Ziply.)
• FW: Avista forest service pole release form (Email)—Steve LeVeck and Brad Hazen of Ziply coordinating Ziply's
signature on the USFS form. (Note that there are additional documents attached in this email which pertain to
Avista's required submittals to USFS for the undergrounding project.)
• RE: Grangeville-Elk City Site Visit (Email)—Avista and Ziply coordinating a visit to the project site.
• Ziply meeting calendar invite.pdf—Outlook meeting invite for the visit to the project site with description of
purpose for the meeting.
As you can see by the records we have pulled together, Ziply undisputably owns and operates these poles and has with
full knowledge of the same since June 9, 2022. It is troubling that Ziply would go to the lengths it went to deny,
obfuscate and blame Avista for Ziply's failures,while refusing to spend a small amount of time to review its records, take
responsibility for its own actions and provide the IPUC with a good faith response.
Regards,
Missy Gores
Commission Analyst
From:Jon Kruck<[e-mail]>
Sent:Tuesday,January 21, 2025 9:47 AM
To: Gores, Missy<[e-mail]>
Subject: RE: [External] Elk City infrastructure condition

Good morning Missy,
We are still trying to work with Ziply on the poles in the Elk City area. They are claiming that they do not own the
poles . They sent the following response:
"Regarding your recitation of the rule requiring keeping existing plant in good repair, and despite Staffs belief,Ziply
Fiber has no record that Avista "granted"us any utility poles. In fact, review of Google Earth photographs along
Highway 14 indicate thatAvista electric facilities are present on those poles. Avista has the duty under the rule you
reference to maintain those poles in good repair, and Ziply Fiber has no duty to maintain an investor-owned
electric utility's poles. Attached is a photo that shows Avista both has facilities on the poles in question and is
undertaking repairs on those poles as of 111412025."
have included the photo they referenced as well. Can you identify this location?
Also,Ziply responded about the poles as following:
"THE ROOT CAUSE OF THE TROUBLE WITH COMPLAINANT'S LINE IS THE FAILURE OFAVISTA CORPORATION
TO MAINTAIN ITS UTILITYPOLES TO WHICH ZIPLY FIBER'S CABLESATTACH
Ziply Fiber provides telephone service to- through copper cables attached to poles owned byAvista
Corporation("Avista").Ziply Fiber attaches facilities to Avista poles in Idaho via a Joint Use Agreement
("Agreement")between Ziply Fiber and Avista. This service location is remote, located along State Highway 14,
approximately 11 miles west of Elk City. The highway itself is in a canyon winding along the Clearwater River. The
route is largely aerial, and Ziply Fiber is attached to Avista Power utility poles that are in a severe state of disrepair,
in violation of the aforementioned Agreement between the parties, and of Commission rules. In pertinent part,
Avista signed on to the following language in the Agreement: "Owner shall maintain its Joint Use Poles in a safe and
serviceable condition and in accordance with Code, and shall be responsible for replacement, reinforcement or
repair of said poles as necessary for continued compliance with Code."To date,Avista has not complied with its
responsibilities under the
Agreement to repair or replace the faulty poles. Many of the decrepit poles have collapsed,placingZiply Fiber
cables and electronics on the ground and, in some cases, into standing or running water. In turn, the cables and
repeaters have sustained sheathing damage and water intrusion, resulting in the service issues experienced by■
=and other customers served through these cables. The Agreement has provisions forAvista's
discontinuance of the use of joint-use poles;however, if Avista has, in fact, abandoned the poles, the requisite
notice and transfer of ownership contemplated under the Agreement has not been accomplished.Ziply Fiber has
no record of notice ofAvista's abandonment of these poles, nor does Ziply Fiber have any transfer of ownership
documents(as contemplated in the Agreement)in a Ziply Fiber system of records.
Avista's failure to maintain its poles also appears to violate Idaho Code§61-302(Duties of Public Utilities), which
states, "Everypublic utility shall furnish,provide and maintain such service, instrumentalities, equipment and
facilities as shall promote the safety, health, comfort and convenience of its patrons, employees and the public,
and as shall be in all respects adequate, efficient,just and reasonable."
In addition, the Commission's Telephone Customer Relations Rule 502.02 states:
Extenuating Circumstances. Following disruption of telephone service caused by natural disaster or other
causes not within the telephone company's control and affecting large groups of customers, or in conditions
where the personal safety of an employee would be jeopardized, the telephone company is required to use
reasonable judgment and diligence to restore service,giving due regard for the needs of various customers.
Ziply Fiber submits thatAvista's failure to maintain its poles constitutes both a cause "not within the telephone
company's control"as well as a condition where the personal safety of Ziply Fiber employees would be
jeopardized if those employees attempted to repair downed poles in rugged and(in parts)near-impassable
terrain."
2

Does Avista have a "Joint Use Agreement"as stated above? If so, can you please provide it and respond to Ziply's
claims above? Does Avista charge a pole attachment fee for the poles in question? Please provide any other
relevant information. If the agreement was an inperson agreement by Regional Managers for Avista and Ziply,
please provide any information regarding this agreement, meeting,those present, etc.
Thankyou!
Jon Kruck
Utilities Analyst II/Consumer Assistance
Idaho Public Utilities Commission
Direct: [phone]
Toll Free 1-800-432-0369
From: Gores, Missy<[e-mail]>
Sent: Wednesday,July 17, 2024 5:35 PM
To:Jon Kruck<[e-mail]>
Subject: RE: [External] Elk City infrastructure condition
CAUTION:This email originated outside the State of Idaho network.Verify links and attachments BEFORE you click or
open,even if you recognize and/or trust the sender.Contact your agency service desk with any concerns.
Hi Jon,
This is what we saw today.
After field verification, Avista does not have any arial facilities 11 miles west of Elk City, only underground. The poles in
that area used to be Avista's but Avista has since converted to an underground system in that area. All Avista
equipment has been removed from the poles with only Ziply equipment remaining. Ownership of the poles is now
Ziply's. Ziply was made aware of Avista's conversion and offered a conduit in the trench that the new underground
system utilizes.
Hopefully this helps?
Missy Gores
Commission Analyst
From:Jon Kruck<[e-mail]>
Sent: Monday,July 15, 2024 10:15 AM
To: Gores, Missy<[e-mail]>
Subject: [External] Elk City infrastructure condition
Good morning Missy,
I was hoping you could help me with a complaint from a Ziply Fiber customer. The customer is located at 5140
Highway 14, Grangeville, Idaho. This location is approximately 11 miles west of Elk City. Ziply is stating that "The
route is largely aerial and Ziply Fiber is in attached to Avista Power utility poles that are in a severe state of
disrepair."
3

understand that we have not received any complaints from Avista for this area and I don't show any recent
outages in this area, so I am trying to assess Ziply's comments regarding the condition of the utility poles. Do you
have any information regarding the latest inspections for these poles? Have you had any outages related to
infrastructure in this area that I am not aware of?
Any help would be appreciated.
Thankyou,
Jon Kruck
Utilities Compliance Investigator
Idaho Public Utilities Commission
Direct: [phone]
Toll Free 1-800-432-0369
USE CAUTION - EXTERNAL SENDER
Do not click on links or open attachments that are not familiar.
For questions or concerns, please e-mail [e-mail]
CONFIDENTIALITY NOTICE:The contents of this email message and any attachments are intended solely for the addressee(s)and may contain
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message and any attachments.
4

FS-2700-3a(01/2014)
OMB No.0596-0082
USDA FOREST SERVICE
HOLDER INITIATED REVOCATION OF EXISTING AUTHORIZATION
REQUEST FOR A
SPECIAL-USE PERMIT OR TERM SPECIAL-USE PERMIT
PART I - REQUEST FOR REVOCATION (Completed by current permit holder)
I (We), the undersigned holder(s) of a special-use authorization, dated 12/6/2003 authorizing me (us)to occupy and use
National Forest System lands for electric distribution have
(Mark one box with "X")
X❑ conveyed a portion of my(our) right, title, and interest in and to the improvements located on the parcel
covered by said permit to:CLE 91; amendment to be determined.Approximately 8,000 feet was converted from
overhead to underground and Ziply will assume ownership of poles.
❑ entered into a contract for the sale of the improvements located on the parcel covered by said permit but have
retained title to said improvements until completion of payment under said contract with:
New Owner (1): Ziply Fiber Address: 1800 41 st Street, Everett WA 98201
(Please Print)
New Owner (2): Address:
(Please Print)
Phone:( ) 425-261-6817
Accordingly, I (we) request that the special-use authorization identified above be revoked. I (we) have informed the new
owner(s)that (1)the current authorization is not transferable; (2) they must apply for and obtain a new authorization; (3)
there are terms and conditions for the use of National Forest System lands; (4) and they must contact the Forest Service
prior to acquisition of improvements. The remaining balance of any fees previously paid should be credited to the new
owner(s) named above, if an authorization is issued.
Holder (1): Avista Corporation Holder(2):
(Please Print) (Please Print)
Signature: Dave Byus-Real Estate Manager Signature:
(Please Print)
Date: (mm/dd/yyyy)
PART II - REQUEST FOR A NEW PERMIT OR TERM PERMIT (Completed by new owner- Requester)
Request is made for a special use authorization to cover the same parcel of land or use covered by the authorization
referred to above, and for the same purpose, subject, however, to such new conditions and stipulations as the
circumstances may warrant. I (We) acknowledge that this is a request only, and that the use and occupancy of National
Forest System lands is not authorized until an authorization is signed and issued by an authorized officer. I (We) also
understand that an administrative fee may be charged by the Forest Service to process this request for a new
authorization to use or occupy National Forest System lands.
Requester(1): Steve LeVeck Phone:( ) - 425-261-6817
(Please Print)
E-mail: [e-mail]
Signature:
FAX: ( )
Requester(2):
(Please Print)
Signature: Date: 06/09/2021 (mm/dd/yyyy)
18 U.S.C.§1001 makes it a crime for any person knowingly and willfully to make to any department or agency of the United States any false,fictitious,or fraudulent statements or representations
as to any matter within its jurisdiction. Anyone who knowingly or willfully makes or uses any false writing shall be fined not more than$10,000 or imprisoned not more than five years,or both.
PLEASE ATTACH BILL OF SALE, DEED, OR OTHER DOCUMENTATION VERIFYING PURCHASE OF IMPROVEMENTS

FS-2700-3a
Page 2 of 3
According to the Paperwork Reduction Act of 1995, an agency may not conduct or
sponsor, and a person is not required to respond to a collection of information unless it
displays a valid OMB control number. The valid OMB control number for this
information collection is 0596-0082. The time required to complete this information
collection is estimated to average30 minutes per response, including the time for
reviewing instructions, searching existing data sources, gathering and maintaining the
data needed, and completing and reviewing the collection of information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs
and activities on the basis of race, color, national origin, age, disability, and where
applicable, sex, marital status, familial status, parental status, religion, sexual orientation,
genetic information, political beliefs, reprisal, or because all or part of an individual's
income is derived from any public assistance. (Not all prohibited bases apply to all
programs.) Persons with disabilities who require alternative means for communication of
program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET
Center at 202-720-2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400
Independence Avenue, SW, Washington, DC 20250-9410 or call toll free [phone]
(voice). TDD users can contact USDA through local relay or the Federal relay at (800)
877-8339 (TDD) or(866) 377-8642 (relay voice). USDA is an equal opportunity provider
and employer.
The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C.
552) govern the confidentiality to be provided for information received by the Forest
Service.

FS-2700-3a
Page 3 of 3
PART III - REQUEST CHECKLIST (Completed by Administrator/Case Manager)
1. Does the current use and occupancy of National Forest System lands and facilities comply with all federal, state,
and local laws, regulations, orders, and policies? If not, what must be done to make the use and occupancy
❑Yes comply?
❑ No
2. Is the current use and occupancy of National Forest System lands and facilities being conducted in a manner that is
consistent with established standards and guidelines in the Forest Land and Resource Management Plan? If
❑Yes not, can it be made to be consistent? How?
❑ No
3. What was the date of last inspection? What is the condition of the authorized area and facilities? (Describe
❑Yes undesirable or unacceptable conditions that need to be corrected.)
❑ No
4. Does the requester(s)owe any fees to the Forest Service from a prior or existing special-use authorization? If
❑Yes yes, identify fees owed.
❑ No
5. Is the requester(s)qualified to hold an authorization for the subject use and occupancy? If not, why?
❑Yes
❑ No
6. Can the requester(s)demonstrate technical and financial capability to undertake the proposed use and
❑Yes occupancy, and fully comply with all the terms and conditions of the authorization?
❑ No
7. Is there someone authorized by the requester(s)to sign an authorization, and there is someone willing to accept
❑Yes the responsibility of the terms and conditions of the authorization?
❑ No
Remarks:
Signature of Administrator/Case Manager: Date: (mmiddiyyyy)
PART IV- AUTHORIZED OFFICER
The request and/or requester do not meet the criteria identified in Part III of this form. Therefore, I will not approve
❑ this request to issue an authorization to use or occupy National Forest System lands for the use(s)described in
Part I of this form.
The request and the requester meet the criteria identified in Part III of this form. Therefore, I approve this request
❑ to issue an authorization to use or occupy National Forest System lands for the use(s)described in Part I of this
form.
Signature: Title: Date: (mmiddiyyyy)

AVISTA CORPORATION
OPERATION AND MAINTENANCE PLAN FOR
DISTRIBUTION LINES ON THE
NEZ PERCE FOREST SERVICE
EXHIBIT B
November 200
Robin L. Bekkedahl
Avista Corporation
1411 E. Mission Avenue.— MSC-1
P.O. Box 3727
Spokane,WA 99220
(VICE�-PRErDENT Date
Corp.
Avista 0&M Plan 1 November 2003

TABLE OF CONTENTS
TABLEOF CONTENTS.......................................................................................................... 2
LISTOF TABLES.................................................................................................................... 2
LISTOF FIGURES .................................................................................................................. 2
APPENDICES .......................................................................................................................... 2
1. INTRODUCTION.............................................................................................................. 3
2. COMMUNICATION......................................................................................................... 3
3.0 ENVIRONMENTAL PROTECTION MEASURES...................................................... 6
3.1 Approved Work Area and Site Access........................................................................ 6
3.2 Integrated Vegetation Management............................................................................. 6
3.2.1 Noxious Weed Management.................................................................................. 6
3.2.2 Right of Way Clearing ......................................................................................... 7
3.3 Pole and Buried Cable Repair and Maintenance......................................................... 8
3.4 Restoration and Revegetation...................................................................................... 9
3.5 Spill Containment........................................................................................................ 9
3.6 Fire Prevention and Suppression............................................................................... 10
3.7 Road Protection Measures......................................................................................... 10
3.8 Threatened, Endangered, and Sensitive Species
3.9 Threatened, Endangered, and Sensitive Species Protection Fish Stream Protection
Measures.............................................................................................................................. l
3.10 Threatened, Endangered, and Sensitive Species Protection Botanical Measures ..... 11
3.11 Threatened, Endangered, and Sensitive Species Protection Wildlife Protection
Measures.............................................................................................................................. 11
3.12 Cultural Resources Protection Measures................................................................... 12
LIST OF TABLES
Table 1 Authorizations, Permits, Reviews, and Approvals.................................................. 5
LIST OF FIGURES
Figure 1 Location of the Elk City 34.5 kV distribution line................................................ 15
APPENDICES
.....................................................................................................................................................
.....................................................................................................................................................
APPENDIX A—TYPICAL O AND M ACTIVITIES...................................................... 12-13
APPENDIX B—KEY PERSONNEL CONTACT LIST ....................................................... 14
Avista 0&M Plan 2 November 2003

AVISTA CORPORATION
OPERATION AND MAINTENANCE PLAN FOR
DISTRIBUTION LINES ON THE
NEZ PERCE FOREST SERVICE
1. INTRODUCTION
This operation and Maintenance Plan (OMP) covers maintenance activities over
approximately 67 miles of electrical line which is on lands under the jurisdiction of the Nez
Perce National Forest(NPNF). This existing electrical power distribution line of up to 34.5
kilovolt (KV) serves the residents of Idaho County. The OMP is intended to ensure that the
operation and maintenance activities comply with various land use plans, environmental
laws, policies and regulations. and minimize impacts to the National Forest System lands.
2. COMMUNICATION
Grantor and Grantee shall jointly review maintenance and operation activities annually, or as
otherwise detennined to be necessary by either party, and may amend or revise this
Operation and Maintenance(O&M) Plan. Grantor shall ultimately determine those items to
be included, added, revised or deleted from this Plan
The Avista Construction Supervisor of the Grangeville Office or his representative and the
special use coordinator of the Nez Perce NF, District Rangers (Darcy Pederson, Clearwater
District and Terry Nevius, Red River District)or their representatives will meet in
Grangeville, Idaho, in the spring or as agreed to, to discuss various issues concerning the
line. These annual coordination meetings will focus on the following discussions:
• Overview of annual operation and maintenance projects.
• Avista's scheduled operation and maintenance projects. The list of projects,
maps, and timelines will be distributed to the attendees.
• The monitoring and evaluation of the O &M Plan with proposed amendments, if
any.
• The annual hazard/danger tree assessment.
• Anticipated NPNF activities that could affect Avista's plans (such as road
improvements or closures, resource plan updates, and others).
• Shared data and needed updates of the contact list.
• Any special projects planned for the year.
• Other issues.
Direct communication regarding the actual day to day low impact routine maintenance and
operations activities of the electrical line that needs immediate attention will be the
responsibility of the Avista Local Field Representative from the Grangeville Office. For high
impact projects on an actual day to day basis, the Construction Supervisor of the Avista
Grangeville office is contacted. The contact for the NPNF is the District Ranger for that
portion of the lines on their Ranger District. The Clearwater District is located in
Avista 0&M Plan 3 November 2003

Grangeville Idaho and the Red River District is located in Elk City office. The current list of
names and phone numbers are in Appendix B
Unexpected catastrophic events or activities (ie: high wind, flood, fire, snow or ice, seismic)
can cause interference with electrical service and reliability. These unexpected events
require immediate and prompt attention. This type of maintenance involves instant action
that requires repair to the damaged area of the distribution line. The Avista office will
contact the NPNF immediately or as soon as possible after the repair activity begins. After
the situation has been remedied, the Avista Supervisor or Local Field Representative will
contact the NPNF and report in more detail the repair activities that have taken place. that are
outside of this O&M plan and any further work that is needed as a preventative or remedial
measure. Appendix B has the list of contact persons regarding emergencies.
Avista 0&M Plan 4 November 2003

Permits Required
Table I conforms to the current NPNF Management Plan and other related federal, state, and
local statutes, regulations, and plans pertaining to our special use permit. Table 1 documents
the federal, state, and local agencies approvals,reviews and permitting for the renewal of
operation and maintenance of the transmission line.
Action Requiring Permit, Permit/Approval Accepting
Approval or Review Authority/Approving Statutory Reference
A ency
Operation and Special Use Permit Nez Perce National Forest FLPMA 1976(PL94-579)
Maintenance of 43 CFR 2800
distribution or
transmission line on FS
property
National Environmental Environmental NPNF NEPA,CEQ 40 CFR Part
Policy Act(NEPA) Assessment 1500 et.se .
Approval of special use Endangered Species Act US Fish and Wildlife Endangered Species Act
permit by NPNF Compliance by FS and by Service Section 7 Consultation
FWS Biological
Assessment(BA)and
Biological Evaluation
(BE)
Approval of special use National Historic NPNF; Idaho State National Historic
permit by NPNF Preservation Section 106 Historic Preservation Preservation Act of 1966.
Office 36 CFR part 800, 16 USC
47
Operation and PACFISH/INFISH National Marine Fisheries Interim Strategies for
Maintenance of Managing Anadromous
distribution or Fish
transmission line on FS
property
Work within large water Section 404 or Nationwide Army Corps of Engineers Clean Water Act Section
bodies and wetlands 404
Pole location and height Notice of proposed Federal Aviation 49 USC 1501
relative to air traffic construction or alteration Administration(FAA) 13CFR 77 Objects
Affecting Navigable
Airspace
Obstructions to Air Flight Notice of proposed Aeronautic Division IDAPA 39 Title 04
construction Administration Chapter 02
ID Trans ortation
Table 1 Authorizations. Permits. Reviews, and Approvals
Avista 0&M Plan 5 November 2003

3.0 ENVIRONMENTAL PROTECTION MEASURES
The sensitive areas within the Riparian Habitat Conservation Areas (RHCA) are located
between South Fork of the Clearwater River and south of State Highway 14, and within 25'
of non-fish bearing streams and other fish bearing streams. O & M projects will be
conducted in compliance with the following measures regarding approved work area and site
access; rights of way clearing; noxious weed control; restoration and revegetation; protection
of streams,rare or sensitive species, wildlife, cultural resources, aesthetic resources; and fire
hazards.
3.1 Approved Work Area and Site Access
The approved work area consists of the right of way and the access roads. The average R/W
width along the distribution line is 28 feet in width. The work area is primarily above ground
on overhead distribution lines and below ground for underground wire. The NPNF roads
needed for service shall be gated and dual locked to prevent other usage by the public. For
routine maintenance, Avista Field Representative needs to contact the District personnel to
obtain an access permit on the specific roads that are needed to service the line. On occasion,
depending on the circumstance, access can consist helicopters.
If there is no road access to the right of way,routine maintenance within the right of way
includes clearing of vegetation to provide a trail for foot or vehicular travel to access power
line structures. Whenever possible, vehicle and machinery traffic is to be Iimited to the
approved right of way.
3.2 Integrated Vegetation Management
Vegetation can interfere with the flow of electric power, pose safety problems, and interfere
with maintenance activities. Maintaining adequate clearance between vegetation and
conductors is essential to safe and reliable operations. At least 15 feet of clearance from the
lowest sag point of the conductor is needed to promote safety and reduce fire hazard. In
cases where the lowest point of the sag may only be 22 to 25 feet, trees and vegetation under
the line might be cut. Every year or as necessary the Local Field Representative and the Nez
Perce District personnel will do an annual hazard tree assessment. Disposal of these trees is
determined on a site specific basis to address potential fuel hazards, utilizations, etc.
3.2.1 Noxious Weed Management
Prevent the introduction and spread of noxious weeds and/or exotic plants. Grantee is also
responsible for prevention and control of noxious weed/exotic plant infestations which are
not on the authorized area, but which are determined by the Forest Service to have originated
within the area. When determined necessary by the authorized Forest Service officer,
Grantee shall develop a site-specific plan for noxious weed/exotic plant prevention and
control. Upon Forest service approval, such plan shall become part of this authorization.
Avista 0&M Plan 6 November 2003

i. Use weed and weed-seed free equipment for all maintenance and other
activities conducted within the authorized area.
ii. Thoroughly clean all maintenance equipment brought in from other areas prior
to entry onto the authorized area. Such cleaning shall remove all dirt, plant
parts and material that could carry noxious weed seeds into the authorized
area.
iii. Periodic inspections of the equipment may be required by Forest Service
personnel.
iv. All move-ins of maintenance equipment shall be treated in the same manner.
3.2.2 Right of Way Clearing
The Elk City 34.5 kV line scheduled vegetation maintenance is an annual hazard/danger tree
falling, and full reclearing every 8-10 years. The hazard/danger trees will be selected for
removal based on the following criteria. If there any questions concerning designating a tree
for removal the Grantee shall review on the ground with the Grantor. If there are any
questions concerning disposal of the tree, issues around fuel hazards, utilizations, etc, the
Grantee and Grantor shall conduct a site specific on the ground review. Trimming trees and
tall shrubs is important to ensure that the clearance lasts for the duration of cycle. There is
interim work required as needed. The crew is usually scheduled for 4-6 weeks in the early
part of summer.
Clearance Distance Requirements: The electric voltage carried by the particular power lines
involved typically determines the conductor clearance requirements within power line rights
of ways. Standard clearance guidelines for 34.5 kV lines (Elk City Line) is minimum fifteen
feet from both sides, minimum fifteen feet overhang, and minimum fifteen feet under.
Tree Pruning: All sound, vigorous, single stem conifers that are outside the right of way and
have branches growing into the right of way corridor are side pruned to meet clearance
distances. Tree pruning is only used if the tree is not considered a danger tree or can't be
removed. Usually hardwood trees are removed since pruning is ineffective for adequate
clearance from the line.
Tree removals: All tall growing native trees and quick growing trees shall be cut down.
Stumps shall be cut off as close to the ground as practicable. All merchantable timber shall
be left whole tree length, not bucked into log length, unless specified by the NPNF.
Danger Trees: A danger tree is defined as a visibly dead, diseased or dying tree that could
fall into the conductor. In the removal of danger trees, precautions shall be taken to avoid
damage to adjacent standing timber or other property. Dead trees shall be felled and left.
Live danger trees shall be felled and limbed flush.
A danger tree is defined as a tree having one or more of the following characteristics,
located along or behind the natural tree edge, and could contact the conductor if it fell:
1. Dead or dying tree:
(a) Dead or dying trees that can hit the conductor.
Avista 0&M Plan 7 November 2003

(b) Dead or dying trees behind the natural large tree edge will be felled depending
on the following conditions:
(1) height of tree
(2) direction of prevailing winds
(3) topography of the land
(4) direction of the lean
2. Leaning trees—live or dead unstable trees that have a hazardous lean such that they
could fall into the conductor.
3. Conifers with codominant stems that are split to such an extent that the splitting is
affecting the stability of the tree.
4. Decay, cankers, hollows --present in the main trunk of the tree and showing visible
signs of decay.
5. Overcrowding trees -- smaller diameter trees growing along the edge to such an
extent that the direction of the growth and greater than 50% of the crown is in right-
of-way.
6. Disease and insect damage -- has affected the tree to such an extent that the tree's
survival to the next trimming cycle is in doubt.
7. Root system -- is exposed to such an extent that the support system of the tree is
reduced.
8. Animal and mechanical damage-- present in the main trunk of the tree and showing
visible signs of decay.
Brush Disposal. Branches, brush, and tree tops shall be handled by chipping or lop &
scatter, depending on accessibility for equipment. On steep slopes,branches may be left on
tree trunks to help stabilize the trunk.
3.3 Pole and Buried Cable Repair and Maintenance
The ongoing maintenance of the line includes the repair and replacement of poles and buried
cable. This is done on a regular basis. Pole replacement causes very little ground
disturbance. Replaced poles will be butt treated with a chemical. A "butt treated"pole has
the bottom 6 feet treated. Wood pole maintenance, test, and treat require the injection of
chemicals in the interior of the pole every 8-10+ years. No discharge of this chemical is
allowed into lakes, steams, ponds, estuaries, or other water bodies or on any land area. Any
waste resulting from this usage of product will be appropriately and legally disposed of at an
approved waste disposal facility. All usage of this product will be carefully administered. In
the sensitive areas of the RHCAs, a plan will be approved by NPNF prior to the work.
Appendix A describes the pole replacement construction activities involved.
Underground conductor replacement is an ongoing process. The old cable is abandoned in
the ground and the new cable will be installed by open trenching, directional boring, or
plowed. Buried cable activities is considered as a high impact project and the NPNF must
give approval prior to construction. Appendix A describes the buried cable construction
activities involved.
Avista 0&M Plan 8 November 2003

3.4 Restoration and Revegetation
For maintenance and operational activities that affect a significant amount of ground
disturbance, clean up and reseeding of the section will be done. Any excess dirt that is
disturbed during maintenance is used to refill the area. Underground replacement of cable
requires minimal revegetation and restoration. The small trench will be folded back together
by the plow and the areas that are disturbed at the beginning and the end of the replaced
section are reseeded.
Pole and underground replacement in the sensitive areas in the RHCA, the use of erosion
control protection measures and best management practices approved by the NPNF will be
used to eliminate/minimize on a site specific project related impacts to the aquatic system.
Areas of ground disturbance due to maintenance and repair activities will be reseeded and
fertilized with the following NPNF approved seed mix and fertilizer. Seeding will take place
at the earliest appropriate planting time(spring or fall).
Kind of Seed Quantity of Pure Live Seed
Pounds/acre
Annual Rye 7
Blue Wild Rye 10
Mountain Brome 3
Hard Fescue 10
Nutrient Percent
Nitrogen, N 16
Phosphorus, P205 16
Potassium, K 16
Sulfur, S 2
Nutrient is to be applied at a rate of 600 pounds per acre. Unless otherwise approved by the
Grantor, time of application shall be as follows;
April 15 to June 15 or September 1 to November 1.
3.5 Spill Containment
If any accidental spills occur, the Spill Response Procedures for Electrical Equipment and
other Spills by Avista Utilities shall be strictly adhered to. These procedures meet Idaho
Code Title 39 Health and Safety Chapter 71 Hazardous Substance Emergency Response Act.
This document is available at the Avista Corporation office in Spokane, WA.
Avista 0& M Plan 9 November 2003

3.6 Fire Prevention and Suppression
Avista or Avista's contractors are responsible for inspecting the distribution line for fire
hazards when working on or around the distribution lines on NPNF land during fire season.
Fire Precautionary Measures during the period of 5/15 to 10/15 and during other such periods
as specified by the Forest Service are as follows:
a. All Equipment used in the construction and maintenance of the distribution line
including support vehicles shall be equipped with the following tools:
One 2.5 pound capacity fire extinguisher with a 4 B.C. or higher rating.
One Shovel (round point#0 lady or equal).
One Axe, 2#or over, 26-inch minimum length, or one Pulaski.
One Bucket or similar water container(at least 1-gallon capacity).
b. Each internal combustion engine, including chain saws, shall be provided with a
spark arrester or spark arresting device approved by the Forest Service.
Per section III of the permit RESPONSIBILITIES OF THE HOLDER, Avista will follow the
"THE IDAHO FORESTRY ACT FIRE HAZARD REDUCTION LAW - RULES
PERTAINING TO FOREST FIRE PROTECTION AND FIRE HAZASRD REDUCTION"
Aprill 1999. This is on file in the NPNF Grangeville Office, with the Idaho Department of
Lands or can be found on the internet at hht://www2.state.id.us/lands/Bureau/fircmgt.htm.
Because continuous operation of the distribution lines is necessary for Avista to supply
electric service to its customers, the NPNF will use its best efforts to avoid using fire
suppression techniques that effect service. If the NPNF decides that it must use fire
suppression techniques that affect the operation of the lines, the NPNF must notify Avista as
soon as possible.
3.7 Road Protection Measures
Maintenance of the line is scheduled during the dry months except in case of an emergency.
Existing all weather or winter roads/trails are to be utilized whenever possible. Maintenance
of the distribution line at paved road crossings that requires tracked vehicles will have
padding on the tracks to prevent any damage.
3.8 Threatened, Endangered, and Sensitive Species
The Endangered Species Act(ESA) requires the Forest Service to consult with the National
Marine Fisheries Service (NMFS) and/or the U.S. Fish and Wildlife Service(USFWS)
regarding all activities which occur on NFS land which may affect species listed as
threatened or endangered under the Endangered Species Act(ESA, P.L. 93-205, 12/28/73).
No consultation is required if the Forest Service determines that a proposed action will have
"no effect"for the listed species.
Avista 0&M Plan 10 November 2003

Should new species be listed as threatened or endangered under ESA, the Forest Service may
require the Grantee to perform specific mitigation measures to prevent damage to the new
listed species, and/or Grantee may be required to consult directly with NMFS and/or USFWS
to determine what mitigation may be required.
3.9 Threatened, Endangered, and Sensitive Species Protection Fish Stream
Protection Measures
Avista shall ensure that machinery and equipment will cross streams only at locations
designated by the NPNF, or at established stream crossings (e.g., bridges fords, etc.). Avista
shall obtain all necessary authorizations (e.g. Army Corp of Engineers permits) prior to
crossing streams at other than established locations, or if conducting any work within
streams, river channels, or wetlands. For routine maintenance fordings should be planned
between July I and August 15.
3.10 Threatened, Endangered, and Sensitive Species Protection Botanical Measures
According to the most recent GIS data and personal communication with Kirk Larson on
May 31, 2001, there are no known TES plants or proposed species that occur within the
existing R/W (personal communications, Kirk Larson,NPNF botanist, 31 May 2001). As
sensitive species are listed and if they are within our R/W, Avista will update the database
and consult with the NPNF on projects affecting that area.
3.11 Threatened, Endangered, and Sensitive Species Protection Wildlife Protection
Measures
The NPNF has adopted protection measures in the Canada Lynx Conservation Assessment
and Strategy document. Prior to conducting activities within a Lynx habitat, Avista will
ensure compliance with the LAU regulations. A map of lynx habitat on the NPNF is being
prepared will be incorporated into the O&M plan. (Spring of 2004)
The NPNF provides nesting habitat for migratory birds. Trees that need to be removed will
not contain any active nests. If any nest exists on trees marked for removal, the biologist
from the NPNF will determine its status. Avista will fall the tree outside of nesting season
once the status of activity is determined. Felled trees would remain on NPNF lands for
habitat for down wood dependent species, unless otherwise directed by NPNF. This can be
determined during the annual inspection of danger trees.
Avista Local Representative shall report any observations of any wildlife electrocutions from
the distribution line to the NPNF. Avista, in consultation with the USFWS and NPNF, will
manage nesting on the distribution line structures to reduce conflicts. Avista will consult
with the USFWS, NPNF and Idaho Department of Fish and Game when a problem nest on
the structures is located on NPNF land. Such management of overhead wire that needs
replacing shall be removed from NPNF lands as soon as possible to prevent any wildlife
becoming entangled in it.
Avista 0&M Plan 11 November 2003

3.12 Cultural Resources Protection Measures
The NPNF has a confidential record of cultural sites in their office. According to Steve
Armstrong NPNF Archaeologist, maintenance and operation of the facilities will cause "no
adverse effect" to those sites that are presently considered eligible, or for those that remain
unevaluated and are potentially eligible for inclusion in the National Register of Historic
Places. Since the location of these sites is unknown, the best protection for these resources is
to maintain their anonymity. If any major or new ground disturbance occurs within the R/W,
Avista will contact the NPNF Archaeologist to notify him or her of the activity prior to the
needed/required activity if possible, to insure the protection of cultural resources or materials.
The SHPO letter of concurrence of the O and M Plan is in the project file, Grangeville
Office, NPNF.
If any unanticipated discoveries of cultural resources or human remains are inadvertently
encountered during operations and maintenance of the electrical line, Avista will halt all
work immediately and contact the NPNF. Construction work is continued after the NPNF
has granted approval. If human remains are encountered Avista will not pick them up or
excavate them, or photograph them. Avista will mark their location on a map when possible.
If artifacts are inadvertently discovered, they will be left intact and not excavated. The
location of the artifacts will be mapped and photographed if possible.
APPENDIX A—TYPICAL O and M ACTIVITIES
The distribution line is primarily overhead with some portions buried. There is a certain
amount of maintenance that needs to be done on a regular basis to provide safe and reliable
service. The maintenance activities listed in this Appendix are those that are done on a
periodic basis.
Pole Replacement Activities
The replacement of poles is an activity performed on a yearly basis system wide, and is
driven by the number of poles previously inspected and found to be in non compliance of
Avista Specifications. On the average 2-4 poles are replaced every year. The typical pole
height is 40 feet and the depth is 6 foot. Usually the hole is excavated by a shovel, bar, or
jackhammer and then the old poles are removed from the project site.
Excavation for pole replacement will be done by use of a shovel, bar,jackhammer, backhoe
or auger where applicable. The old poles will either be removed completely or cut flush with
the ground and taken off the premise. The only ground disturbance is a 3 foot patch. 90% of
the overhead line is in rock or gravel. The excess dirt is used to refill pole.
If an access road to the project site is not available, the line is accessed by foot or all terrain
vehicle(ATV). The necessary equipment and most materials are carried in by back pack and
the poles are flown in by helicopter. When the right of way is flat and accessible, the right-
of-way can be used for access. Also, old logging roads or access roads are utilized.
Avista 0& M Plan 12 November 2003

Under-round Conductor Replacement Activities
The buried electric distribution cable will occasionally fail creating a loss of energy delivery
and requiring the replacement of the cable. This is an ongoing process every year. There are
10 or I I faults per year. This process includes identifying and capturing the various fault
locations and then prioritizing and scheduling the repair/replacement of the cable.
The various methods of replacing cable include open trenching, plowing, or directional
boring. The method of construction is determined by the specifics of the composite of the
native soil as well as the physical location of the work area. Trenching involves earth
disturbance approximately 36 inches in depth and 9 inches in width and plowing involves
disturbance approximately 2 feet in width and 3 feet in depth. The cable is spliced into the
existing cable. Usually directional boring is used in cases where underground cable is needed
to go across streams or sensitive areas. At these points there is 2 cubic meters at each end that
is disturbed.
Pole,Test, and Treatment
This process is designed for the internal remedial treatment and protection of Avista's wood
pole population. A wood preservative product is placed inside the wood pole and the total
amount of product introduced is dependent on the size of the wood unit and the zone to be
protected. On a typical 40"circumference standing utility pole three 7/8 inch diameter by 14
inch long holes at a steep downward angle starting at the ground line are drilled. 70 grams of
treatment is applied into each hole, using a calibrated applicator. The treatment hole is
plugged with a tight fitting treated wooden dowel, removable plastic plug or other suitable
cap. The Specifications for the Inspection and Treatment of Wood Poles provide the exact
details and descriptions of the maintenance on the poles and treatment that is used. This
document is on file in the project file NPNF Grangeville Office or can be obtained from
Avista.
Avista 0& M Plan 13 November 2003

APPENDIX B—KEY PERSONNEL CONTACT LIST
Nez Perce National Forest
Emergency Contact(s)
Fire Reporting
Nez Perce Dispatch
Grangeville, ID
[phone]/4062/4063
Hazmat Reporting
Mike Cook
Grangeville, ID
[phone]
Routine Contacts
Clearwater District Ranger
[phone]
Red River District Ranger
[phone]
Avista Corporation
Eric Robie
Local Representative
Grangeville, ID
Phone: [phone]
Work Hours: 7:30 a.m. to 4:00 p.m.
Primary contact for maintenance on the electrical line
Jeff Scott
Construction Supervisor
Grangeville, WA
Phone: [phone]
Work Hours: 7:30 a.m. to 4:00 p.m.
Any emergency after work hours:
1-800-372-1645
Avista 0&M Plan 14 November 2003

Avista 0&M Plan 15 November 2003

f� � � ..
i . ;a.
,�

Jon Kruck
From: Kyman, Lexie <[e-mail]>
Sent: Monday,June 6, 2022 10:18 AM
To: Mulford, Brent; Hagen, Patrick; Hazen, Brad
Cc: Robie, Eric; Leveck, Steve
Subject: RE: [External] RE: Grangeville-Elk City Site Visit
Thank you Brent! I will send out a calendar invite with meeting location so that I don't forget. Feel free to forward to
anyone who is interested in attending.
Lexie Lucassen
Environmental Specialist
1411 E Mission Ave MSC-21, Spokane, WA 99202
P: 509.495.84571 C: 509.993.6852
www.m avista.com
From: Mulford, Brent
Sent:Thursday,June 2, 2022 1:46 PM
To: Hagen, Patrick; Lucassen, Lexie; Hazen, Brad
Cc: Robie, Eric; LeVeck, Steve
Subject: RE: [External] RE: Grangeville-Elk City Site Visit
Some people who received this message don't often get email from [e-mail]. Learn why this is important
Yes, I can change my plans around to be there.
Brent Mulford, Sr. Network Engineer
208-310-0786 (m) 1 208-883-0478 (o)
Brent.Mulford(cD.ziply.com
ziplyfiber.com
Zippy
From: Hagen, Patrick<Patrick.Hagen @avistacorp.com>
Sent:Thursday,June 2, 2022 9:28 AM
To: Lucassen, Lexie<[e-mail]>; Mulford, Brent<[e-mail]>; Hazen, Brad
<[e-mail]>
Cc: Robie, Eric<[e-mail]>; LeVeck, Steve<[e-mail]>
Subject: RE: [External] RE: Grangeville-Elk City Site Visit
1

Eric and I have a meeting in Elk City from 1000-1100 on the 22nd.That being said we would prefer to meet at 1300, at
Newsome Creek on HWY 14.
From: Lucassen, Lexie<[e-mail]>
Sent:Wednesday,June 1, 2022 10:51 AM
To: Mulford, Brent<[e-mail]>; Hazen, Brad <[e-mail]>
Cc: Hagen, Patrick<Patrick.Hagen @avistacorp.com>; Robie, Eric<[e-mail]>; LeVeck, Steve
<[e-mail]>
Subject: RE: [External] RE: Grangeville-Elk City Site Visit
Great, shall we tentatively plan for that week?Any preferences on time of day or specific date?
I would prefer any time other than the morning of the 21". I'll be returning to Spokane the evening before on a late
flight, and it will take me a few hours to get down there.
Thanks,
Lexie Lucassen
Environmental Specialist
1411 E Mission Ave MSC-21, Spokane, WA 99202
P: 509.495.84571 C: 509.993.6852
www.m avista.com
From: Mulford, Brent<[e-mail]>
Sent: Wednesday,June 1, 2022 6:49 AM
To: Hazen, Brad <brad.haze [e-mail]>; Lucassen, Lexie<[e-mail]>
Cc: Hagen, Patrick<Patrick.Hagen @avistacorp.com>; Robie, Eric<[e-mail]>; LeVeck, Steve
<[e-mail]>
Subject: [External] RE: Grangeville-Elk City Site Visit
IYou don't often get email from [e-mail]. Learn why this is important
I jut got back from there last night. I have a trip planned for 6/21-6/24 for other projects in that area. I could do a site
visit then.
Brent Mulford, Sr. Network Engineer
208-310-0786 (m) 1 208-883-0478 (o)
Brent.Mulford(d_)ZlpIV.com
ziplyfiber.com
Zippy
2

From: Hazen, Brad <[e-mail]>
Sent:Tuesday, May 31, 2022 4:11 PM
To: Lucassen, Lexie<[e-mail]>
Cc: Hagen, Patrick<Patrick.H age [e-mail]>; Robie, Eric<[e-mail]>; LeVeck, Steve
<[e-mail]>; Mulford, Brent<[e-mail]>
Subject: Re: Grangeville-Elk City Site Visit
Hi Lexie, yes Tyler Brown reached out to me today and my team will be
working with Tyler and Jesse Butler for all the pole agreement paper work.
For a field visit Brent Mulford is our contact for that area,
Brent, can you or one of your team members schedule a field visit with
Lexie, thanks
Brad Hazen
Joint Use
360-921-9484(o)
[e-mail]
Ziplyfiber.com
zplyA"b
Dou5i.E ElAG
7+ww 0vr(9 A%
From: Lucassen, Lexie<[e-mail]>
Sent:Tuesday, May 31, 2022 3:05 PM
To: Hazen, Brad <brad.hazen@zi Ply.corn>
Cc: Hagen, Patrick<Patrick.Hagen @avistacorp.com>; Robie, Eric<[e-mail]>
Subject: Grangeville-Elk City Site Visit
Ill You don't often get email from [e-mail]. Learn why this is important
WARNING: External email. Please verify sender before opening attachments or clicking on
links.
3

Hi Brad,
As you are aware, discussions of this pole ownership transfer have picked back up again as the weather has gotten
better.That paper transaction will be handled through our real estate (Tyler Brown) and joint use (Jesse Butler)
departments, but I wanted to reach back out again as promised about organizing a site visit.
Are you or some of your local staff available the 21-24t" of June?
Thanks,
Lexie Lucassen
Environmental Specialist
1411 E Mission Ave MSC-21, Spokane, WA 99202
P: 509.495.84571 C: 509.993.6852
WWW.m avistaxom
CONFIDENTIALITY NOTICE:The contents of this email message and any attachments are intended solely for the addressee(s)and may contain
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For questions or concerns, please e-mail [e-mail]
4

AW- r V 1S !A
\�kla Corporation
7 rested \\ood Acquisition Agreement(R-31106)—Terms and Condilions
1� fats t (wllormion dha \\Na I tilitie,tAN istal a_lrees to ,ell \ donate to
_ /ipl\ (Recipient) (culhcti%el}.
flit: I'ar)ic,"► 21 poles along, I1\%\ 1-Ihemeerapoles I*;(,R16K Ii6792(Item
's).as agreed tit h\ tilt: Parties.
I. Pricing: Fhe price Ii+r the Ircated "ood dc,cril-med itt the ".lttachmcm" ineorlx►r;ued into this I rt:alctl \\ood
Acquisition Agreement (-Agreement')h% this reference i, 'sN/A including Niate sales taxes.
?. Padment Ternac: ha\mcr}r for the treated osood. it am. to ill bt due upon cWcution o1•this Agreement.
3. Pick-Up/Drop-toff Requirements:
a. (.oration:
S. All trcated good applicable under 1hi, Agreement is pro\ided. "Ac-Is, Where-Is"and Arista
males itr \\arrantes ofan\ other kind. either expres,or implied. including the \%arrmuics ol•merchantahilit% or
litres. for a parmular purpose: pro%ided. ho%we cr. that A\km %%arranis that i1 ha, �pood title to the Ire;►ted
\\ood. I ilic and risk ol•loss sill pass to the Recipient %%hen Recipient takes possession ot'thc treated \%wd at
the point of pickup set lorth in Section 4 ahoy e.
6. Indemnification: Recipient understand. that the treated %\ood nim contain pentachlorophenol WW11). creosote,
and or pressure-treated. chromated copper arsenate and :hall handle such treated \%ood in accordance %>ith
current guideline% approved h\ the I .S' I•m ironnaenial Protection A_ucnc� and all applicable 1'cderal. Gate_ and
local law, and regulations related to such treated mood. Recipient shall indenmik. and il•requested to do so.
delcnd Arista and its officer,. ag,cnts. and emplo\ce-- front and against all demand,. suits. delCII%C era.
inclyding, attune\ Ice,. liahililics and claim, resnllinr from d;utagc to pl'olaem_ or injuries to am person
(including death).arising out ol•the pickup. transport. in,lallation or use ot•the treated \\ood b\ the Recipient or
am oneckc after Recipio:nt has llrkt:n possession ol•sttch treated v%ood.
7. Governing Law: I Ili-, ;Agreement gill he gotc•rned in accordance %%ith the of the state of \\ashinLton
X Idaho. a ilhout regartls to it,conflict of I'm'.pro\isions.
S. Effective Date: [Ili, Agreement \\ill heoonu el'tedixe Mhen executed k both Partics.
This Agreement Kati liccn r­, ,•ut,J4 h•, the (';trot•.' ;Iulh, cd rtprr,�nt.ittc,� n the tlurct,) ,c1 l��rth hcl� r.
Recipient:
ttiiLnaturt•;
Printed \anrt �`1� ve. l/2Gl<
Arista Corporation:
lid: _ t-
I)aIr
t tiignaturtt�
Printed dame <-- c'

AOKI MEN YAM
Avista Corporation
Treated Wood Acquisition Agreement(R-31106)—Terms and Conditions
Avista Corporation dba Avista Utilities (Avista) agrees to_sell X donate to Z_ iply (Recipient) (collectively,
the "Parties")21 poles along Hwy 14 between poles 156816& 156792(Item/s),as agreed to by the Parties.
1. Pricing: The price for the treated wood described in the "Attachment" incorporated into this Treated Wood
Acquisition Agreement("Agreement")by this reference is SL/4 including State sales taxes.
2. Payment Terms: Payment for the treated wood, if any, will be due upon execution of this Agreement.
3. Pick-Up/Drop-off Requirements:
4. Location:
5. Warranty/Title: All treated wood applicable under this Agreement is provided, -As-Is,Where-Is"and Avista
makes no warranties of any other kind. either express or implied, including the warranties of merchantability or
fitness for a particular purpose; provided, however, that Avista warrants that it has good title to the treated
wood. Title and risk of loss will pass to the Recipient when Recipient takes possession of the treated wood at
the point of pickup set firth in Section 4 above.
6. Indemnification: Recipient understands that the treated wood may contain pentachlorophenol(PCP), creosote,
and/or pressure-treated, chromated copper arsenate and shall handle such treated wood in accordance with
current guidelines approved by the US Environmental Protection Agency and all applicable federal, state, and
local laws and regulations related to such treated wood. Recipient shall indemnify. and if requested to do so,
defend Avista and its officers, agents, and employees from and against all demands, suits, defense costs
including attorney tees, liabilities and claims resulting from damage to property, or injuries to any person
(including death)arising out of the pickup, transport. installation or use of the treated wood by the Recipient or
anyone else after Recipient has taken possession of such treated wood.
7. Governing Law: This Agreement will be governed in accordance with the laws of the State of_ Washington
X Idaho, without regards to its conflict of laws provisions.
8. Effective Date: This Agreement will become effective when executed by both Parties.
This Agreement has been executed by the Parties' authorized representatives on the date(s) set forth below.
Recipient:
By: Date 6/9/2022
(Signature)
Printed Name Steve LeVeck
Avista Corporation:
By: DateZ�—
(Signatur
Printed Name &f le(`

Kyman, Lexie
Subject: Grangeville-Elk City Site Walk
Location: https:Hgoo.gl/maps/nim8YzHyRjg7sv578
Start: Wed 6/22/2022 1:00 PM
End: Wed 6/22/2022 3:00 PM
Recurrence: (none)
Meeting Status: Meeting organizer
Organizer: Lucassen, Lexie
Required AttendeesHagen, Patrick; Robie, Eric; Mulford, Brent
Optional Attendees:LeVeck, Steve
Hello,
I'm scheduling time to visit the 21 wood poles along Highway 14 that Avista will be donating/selling to Ziply.The poles
are located adjacent to the South Fork of the Clearwater River on the Nez Perce Clearwater National Forest. Avista will
be wrecking out our overhead line, removing guy wires not necessary for Ziply's line, and topping the poles this summer
as we move to underground.This site visit will be an opportunity to walk the line and discuss any concerns related to
access,Avista's wreckout, and ownership transfer.This may not take two hours, but I wanted to set aside extra time just
in case we want to look at the line in detail.
Let's meet at the pullout by Newsome Creek, which is the start of the section
Approximate coordinates: 45.828701, -115.614657, https://goo.gl/maps/nim8YzHVR*g7sv578
Please forward to anyone who is interested.
Thank you, and looking forward to meeting you onsite.
1

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT ON THIS r--D' AY OF JANUARY, 2025, I SERVED
THE FOREGOING AFFIDAVIT OF JON KRUCK, IN CASE NO. GNR-T-25-02, IN THE
MANNER INDICATED, TO THE FOLLOWING:
Via E-Mail:
JESSICA EPLEY
ZIPLY FIBER PACIFIC LLC
135 LAKE ST S STE 155
KIRKLAND WA 98033
E-MAIL: ,jessica.epleynziply com
Patricia Jordan
Secretary
AFFIDAVIT OF JON KRUCK