20250416APPLICATION.pdf

RECEIVED
April 16, 2025
IDAHO PUBLIC
UTILITIES COMMISSION
GARRETT RICHARDSON, PLLC
Bradley S. Richardson ISB No. 7008 Case No.: C12-E-25-01
Cameron G. Francis ISB No. 12523
738 S. Bridgeway Place Suite 100
Eagle, ID 83616
Telephone: [phone]
Facsimile: 20 8-93 8-2277
Email: Brad.rt;,a►-rettrichardson.com
Email: Cameron4garrettriehardson.com
Attorneys for Riverside Electric Company, Limited
Lance D. Stevenson ISB No. 7733
715 6`h Street
Rupert,ID 83350
Telephone: [phone] l 46
Email: Stevenson:i`iininidokacounty.id.gov
Attorney for City of Rupert
BEFORE THE I.D AHO PUBLIC UTILITIES COMMISSION
In the Matter of the Application of Riverside
Electric Company, Limited and City of Rupert
for an Order Approving a Service Territory
Agreement between the Applicants. ) Case No.
Pursuant to Rule 51 of the Idaho Public Utilities Commission Rules of Procedure
("IPUCRP") and Idaho Code § 61-333, Riverside Electric Company. Limited ("Riverside') and
the City of Rupert ("Rupert") respectfully apply for Commission approval of a Service Territory
Agreement between Riverside and Rupert on the grounds and for the following reasons:
1. On December 8, 2020, the Idaho Legislature, meeting in special session amended
the Idaho Electric Supplier Stabilization Act, §§61-332 through 61-334B of the Idaho Code.Idaho
Code § 61-333 provides that any electric supplier may contract in writing with another electric
supplier for the purpose of allocating territories,consumers,and future consumers between electric
suppliers and designating which territories and consumers are to be served by which contracting
electric supplier. The statute further provides that the Commission shall, after notice and hearing,
APPLICATION—RIVERSIDE/RUPERT- 1

review and approve or reject such contracts between electric suppliers. This joint Application is
filed with the Commission for approval. Approval of the Commission of Service Territory
Agreements is necessary to comply with the purposes of the Electric Supplier Stabilization Act.
2. The Petitioners have for some time had a Territory Agreement ("Agreement")
between them. Such Agreement predated the amendment to Idaho Code § 61-333, and therefore
Riverside and Rupert seek approval from the Commission of the existing Agreement.A copy of
that Agreement is attached as Exhibit"A."
3. The Agreement was negotiated between the parties in order to: settle a service
territory between the parties,provide for stability of service with consumers,eliminate duplicating
services, and provide safety in the respective territories. The petitioners believe the Agreement is
in the best interests of both entities and the customers of both entities.
4. For the foregoing reasons and to fulfill the requirements of Idaho Code § 61-3337
Riverside and Rupert request the Commission,after notice and hearing,approve of the Agreement
pursuant to law.
Dated this day of 2025.
GARRETT RICHARDSON,PLLC
By: /� ��—=�_
Bradley S. Richardson, Of the Firm
Attomeys for Riverside Electric Company,Limited
CITY OF RUPERT
By: --
Lance D. Stevenson,of the Firm
Attorney for the City of Rupert
APPLICATION—RIVERSIDEIRUPERT-2

SERVICE AREA STABILIZATION AGREEMENT
This Service Area Stabilization Agreement("Agreement")is made effective as of the 1$ day
of=i"r'- 2025, by and between RIVERSIDE ELECTRIC COMPANY, LTD of P.O.
Box 12, Rupert. Idaho 83350 ("Riverside") and CITY OF RUPERT of 121 S. 50 W., Rupert, Idaho
83350("Rupert").Riverside and Rupert shall collectively be known as the"Parties"or individually as
a"Party."
I.
RECITALS:
1.1 Riverside is an electric non-profit corporation, and Rupert is a municipal
corporation. Both entities are organized in the State of Idaho and distribute electric energy to their
respective members.
12 The service areas of Riverside and Rupert, in part;are adjacent and contiguous
to each other.
1.3 The Parties have, in recent years, had an oral understanding relative to the
respective service areas. The Parties, however, deem it appropriate to reduce their respective
understandings to this written Agreement and to have the same approved by the Idaho Public Utilities
Commission pursuant to Idaho Code § 6t-333.
In consideration of the recitals,the covenants and conditions herein contained and by statutory
authority the Parties agree as follows:
2. TERRITORY DEFINED: Exhibit "1," attached to this Agreement and made a part
hereof by reference,defines the territories of the respective Parties as they are contiguous to each other.
All the area south of the red line identified on Exhibit "1" shall be the Riverside territory and all
territory north of the red line shall be the Rupert territory. Riverside shall serve all new customers in
its defined area and Rupert shall serve all new customers in its defined area.
SERVICE AREA AGREEMENT-RIVERSIDEIRUPERT- I

3. EXISTING CUSTOMERS: To the extent that either Party is currently providing
service to customers within the service area assigned to the other Party by this Agreement.said Parties
shall continue to serve said customer.Neither Riverside nor Rupert shall be required to withdraw from
the service area allocated to the other. Notwithstanding the foregoing, the right to continue to serve
existing customers within the service area of the other Party shall not be construed to authorize
extension of service to new customers within the service area allocated to Rupert or Riverside by this
Agreement.
4. CAPTIONS: The captions of the paragraphs of this Agreement are for identification
purposes only and the captions shall not be construed to define or limit the express provisions of the
respective paragraphs.
5. ATTORNEYS' FEES: Reasonable attorneys' fees and costs may be granted to the
prevailing Party in any action to enforce or interpret this Agreement pursuant to Idaho Code § 61-
617A. Otherwise, the Parties agree that each Party will be responsible for its own attorneys'fees and
costs.
6. ANNUAL FRANCHISE FEE: Pursuant to Idaho Code § 50-329A, the Parties agree
that Riverside shall pay to Rupert an annual franchise fee of three percent (3%) for any electrical
services provided within the City of Rupert. Such annual franchise fee shall serve as payment in lieu
of any tax or fee imposed by the City of Rupert including; but not limited to, taxes, fees, or charges
related to easements,franchises, rights-of-way. utility lines, and equipment installation, maintenance.
and removal for the duration of this Agreement. Riverside shall collect the annual franchise fee from
its customers and provide payments to the City of Rupert within thirty(30)days of its due date.
7. OTHER CUSTOMERS: Nothing contained herein shall prohibit the Parties from
entering into a written agreement to permit the service of a new customer by the Party whose
distribution system is located in the service area of the other, if the new customer can be served more
efficiently and safely from the existing service lines of the other Party or by the extension of existing
SERVICE AREA AGREEMENT-RIVERSIDE/RUPERT-2

service lines. Such agreement shall be in writing, authorized by the respective authorized officers of
each Party, and when executed, shall be appended to this Agreement.The decision to enter into such
agreement is in the absolute discretion of each Party and neither Party shall have the right to action
against the other for the exercise of such discretion.
8. TERM: This Agreement shall remain in full force and effect so long as each of the
Parties shall continue to operate as electric suppliers under their present form of ownership. In the
event either Party should terminate operations as an electric supplier,the boundary lines established
by the respective service area shall remain in effect as to the successors in interest. In the event either
or both Parties merge, consolidate, sell, or otherwise become a different entity,this Agreement shall
nevertheless remain in full force and effect as to the successor in interest of the respective Parties.
9. EFFECTIVE DATE: This Agreement shall be effective upon its execution by the
respective Parties and approval by the Idaho Public Utilities Commission. When so executed and
approved,a copy shall be recorded in the office of the County Recorder, County of Minidoka,State of
Idaho.
10. ENTIRE AGREEMENT & MODIFICATION: This Agreement constitutes the
entire understanding of the respective Parties. All prior negotiations and understandings are deemed
merged herein. This Agreement may only be modified in writing executed by the authorized officers
of the Parties and approved by the Idaho Public Utilities Commission.
11. MEMBER TRADE AND EXISTING CUSTOMERS: Exhibit "2," attached
contains certain exceptions to the territories. Exhibit"2" contains the names of patrons of Riverside
and Rupert that exist in the territory of the other party. The Parties will use good faith efforts to
exchange the customers so that the named customer(s)are in the defined territory of each Party.Absent
an exchange,the Parties agree that the patrons may exist in the territory of the other until such time as
events arise allowing for the trade.
SERVICE AREA AGREEMENT-RIVERSIDE/RUPERT-3

1 Z. COMMUNICATION: In the event of any problems,questions,or issues arising under
this Agreement, the Parties agree to seek resolution by contacting the Party representatives listed in
Exhibit 113".
SERVICE AREA AGREEMENT-RIVERSIDE/RUPERT-4

IN WITNESS WHEREOF the Parties have executed this Agreement this /5 day of
2025.
RIVERS
CT COMPANY LIMITED
s
By:
Cha S e
Its:
STATE OF IDAHO )
:ss.
County of 0&-<s/0 )
On this /57"'day of F44F*ar-y 2025, before me, the undersigned. a Notary Public in and for
the State of Idaho, personally appeared. Chad Surrage, known to me to be the person whose name is
subscribed to the within instrument,and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
\`\��X►1 i i"//��� Not r Public for Idaho
�. ,
`Z� ............ j% Residing at: ty,"Ida"eo
C9: My Commission Expires:
NOTARY
�oMUaOAo ' CITY OF RUPERT
cSj•.,M NO. .2.
'1'Un1110` Bilk Palmer
Its: 1 r fib?ik?�,Yt '�v(:►' _
STATE OF IDAHO } µ V !
:ss.
County of
On this day of 4 ,l � 2025, before me, the undersigned, a Notary Public in and for
the State of Idaho, personally appeared, Billy Palmer, known to me to be the person whose name is
subscribed to the within instrument,and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written. /
•.��� ��q�,, Notary t-- ` ublic for Idaho
�A`.:•........ G'''• Residing at:
=jAOTAR My Commission Expires: 7 `
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SERVICE AREA AGREEMENT- RIVERSIDE/RtiPERT-5

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Defining the proposed service boundary area between The City of Rupert Electric Dept and
Riverside Electric Company: Riverside Electric Company will service properties south of the
canal beginning at 50 W 125 S, property is also known as; BILLY BUSH DEVELOPMENT LLC, legal
description: SE4NW4 & THAT PORTION OF NE4SW4 N OF LATERAL 76 LESS TAX 1687 & 504063
32-9-24. PIN: RP09S24E324206. Service territory extends east to S 100 E.
Legal descriptions, Property Identification Number (PIN), and current owner(s) are from
https://maps.idahoparcels.us
EXHIBIT
N
d
D
D

Riverside Electric& City of Rupert Electric Department Service Area Agreement Trade
NAME, PIN: and LOCATION SERVICE METER# REMARKS
LEGAL DESCRIPTION
CITY OF RUPERT, DBA WASTE 186 S 50 W,
WATER TREATMENT PLANT RUPERT, ID. Commercial
RP09S24E328100, 83350
TAX 1847 SW4SE4 32-9-24
CITY OF RUPERT
RP09S24E328820 Commercial
TAX 13 & 16 LESS N 23 FT
SW4SW4 32-9-24(SEWER
PONDS)
Riverside Electric to Rupert Electric Department
EXHIBIT

Party Representatives
Party Representative Contact Information
City of Rupert Address: 121 South 50 W., Rupert, ID 83350
Billy Palmer Phone: [phone]
Email: billy.palmer rupert.id.us
Riverside Electric Company, Ltd. Address: 125 East 300 South, Rupert, ID
Chad Surrage 83350
Phone: [phone]
Email: csurra e riversidecoo .com
EXHIBIT