20250520Notice_of_Application_Order_No_36607.pdf

Office of the Secretary
Service Date
May 20th,2025
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION ) CASE NO. C12-E-25-01
OF RIVERSIDE ELECTRIC COMPANY, )
LIMITED AND CITY OF RUPERT FOR AN ) NOTICE OF APPLICATION
ORDER APPROVING A SERVICE )
TERRITORY AGREEMENT BETWEEN THE ) NOTICE OF MODIFIED
APPLICANTS ) PROCEDURE
ORDER NO. 36607
On April 16, 2025, Riverside Electric Company, Limited("Company") and City of Rupert
("Rupert") (collectively "Parties") applied to the Idaho Public Utilities Commission
("Commission") requesting approval of a Service Territory Agreement ("Agreement") between
the Company and Rupert.
BACKGROUND
The Electric Supplier Stabilization Act ("ESSA") prohibits an electric supplier (e.g., a
utility, municipality, or co-op) from serving another electric supplier's existing or former
customers. Idaho Code § 61-332B. Section 61-332(2) provides that the purposes of the ESSA is
to: (1) promote harmony between electric suppliers; (2) prohibit the "pirating" of consumers; (3)
discourage duplication of electric facilities; (4)actively supervise the conduct of electric suppliers;
and (5) stabilize service territories and consumers. The ESSA enables electric utilities to allocate
territories and customers if certain conditions are satisfied. The ESSA allows electric suppliers to
contract for the purpose of "allocating territories, consumers, and future consumers . . . and
designating which territories and consumers are to be served by which contracting electric
supplier." Idaho Code § 61-333(1). Such contracts must be submitted to the Commission for
approval.Id. The Commission will approve contracts reviewed under the ESSA if,after notice and
opportunity for hearing, the Commission finds that the agreement conforms with the purposes of
the ESSA. See Idaho Code §§ 61-333(1) and 61-334B(1).
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Parties have for some time had a territory
Agreement between them. Application at 2. The Parties state that such Agreement predates the
amendment to Idaho Code § 61-333 that requires Commission approval of territory agreements;
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therefore, the Parties seek Commission approval of a written memorialization of the existing
territory Agreement.Id. The parties included a copy of the Agreement attached as Exhibit A to the
Application.Id.
YOU ARE FURTHER NOTIFIED that the Parties represent that the Agreement was
negotiated between the Parties to settle a service territory between the parties,provide for stability
of service with consumers, to eliminate duplicating of services, and to provide safety in the
respective territories.Id. The Parties state that they believe the Agreement is in the best interest of
both entities and the customers of both entities. Id.
YOU ARE FURTHER NOTIFIED that the Application and Agreement are available for
public inspection during regular business hours at the Commission's office. These documents are
also available on the Commission's website at www.puc.idaho.gov. Click on the "ELECTRIC"
icon, select"Open Cases," and click on the case number as shown on the front of this document.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant
to the Commission's jurisdiction under Title 61 of the Idaho Code, and that all proceedings in this
matter will be conducted pursuant to the Commission's Rules of Procedure, IDAPA 31.01.01.000
et seq.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the public
interest may not require a formal hearing in this matter, and that it will proceed under Modified
Procedure pursuant to the Commission's Rules of Procedure 201-204, IDAPA 31.01.01.201-.204.
The Commission notes that Modified Procedure and written comments have proven to be an
effective means for obtaining public input and participation.
YOU ARE FURTHER NOTIFIED that persons desiring to state a position on this
Application may file a written comment explaining why the person supports or opposes the
Application. Persons who would like a hearing must specifically request a hearing in their written
comments and explain why written comments alone are insufficient. Persons interested in filing
written comments, must do by June 25, 2025. Comments must be filed through the
Commission's website or by e-mail unless computer access is unavailable. To comment
electronically, please access the Commission's website at http://www.pue.idaho.gov/. Click the
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ORDER NO. 36607 2

"Case Comment Form" and complete the form using the case number as it appears on the front of
this document.
To file by e-mail, persons must e-mail the comments to the Commission Secretary and all
parties at the e-mail addresses listed below. Persons submitting a comment by e-mail must provide
their name, address, and the Case Number under which they are commenting. Persons submitting
a comment by e-mail also acknowledge that submitting a comment in an open case constitutes a
public record under Idaho Code § 74-101(13), and all information provided by such person is
available for public and media inspection.
If computer access is unavailable, then comments may be mailed to the Commission and
the Parties at the addresses below.Persons submitting a comment by mail must provide their name,
address, and the Case Number under which they are commenting. Persons submitting a comment
by mail also acknowledge that submitting a comment in an open case constitutes a public record
under Idaho Code§74-101(13),and all information provided by such person is available for public
and media inspection.
For the Idaho Public Utilities For Riverside Electric, Limited:
Commission:
Commission Secretary Bradley S. Richardson
Idaho Public Utilities Commission Cameron G. Francis
P.O. Box 83720 738 S. Bridgeway Place, Ste. 100
Boise, ID 83720-0074 Eagle, ID 83616
secretary&puc.idaho.gov brad a,garrettrichardson.com
Cameronggarrettrichards on.com
Street Address for Express Mail: For the City of Rupert:
11331 W. Chinden Blvd. Lance D. Stevenson
Building 8, Ste. 201-A 715 6t' St.
Boise, ID 83714 Rupert, ID 83350
lstevenson&minidokacoun . .id.-ov
YOU ARE FURTHER NOTIFIED that the Parties must file any reply comments by July
2, 2025.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received
within the time limit set, the Commission will consider this matter on its merits and enter its final
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36607 3

order without a formal hearing. If written comments are received within the time limit set, the
Commission will consider them and, in its discretion, may set the same for formal hearing.
ORDER
IT IS HEREBY ORDERED that this Application be processed under Modified Procedure.
Persons interested in submitting written comments must do so by June 25, 2025. The Parties must
file any reply comments by July 2, 2025.
IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April 21,
2022. Generally, all pleadings should be filed with the Commission electronically and will be
deemed timely filed when received by the Commission Secretary.See Rule 14.02. Service between
parties should continue to be accomplished electronically when possible. However, voluminous
discovery-related documents may be filed and served on CD-ROM or a USB flash drive.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 20th day of
May 2025.
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EDWARD LOD E, ESIDENT
�RHAMMOND JR., COMMISSIONER
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I:\Legal\ELECTRIC\C12-E-25-01_Riverside\orders\C12E2501_Me App_Mod_em.docx
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