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HomeMy WebLinkAbout20250613APPLICATION.pdf RECEIVED June 13, 2025 IDAHO PUBLIC Susan P. Weeks, ISB No. 4255 UTILITIES COMMISSION 1626 Lincoln Way Coeur d'Alene, ID 83834 C10-E-25-01 Telephone: (208) 667-0683 Facsimile: (208) 664-1483 Email: sweeks@jvwlaw.net Attorney for Northern Lights, Inc. Tyler R. Whitney, ISB No. 9722 1455 SW Broadway, Ste. 1500 Portland, OR 97201-3412 Telephone: (503) 224-3092 Facsimile: (503) 224-3176 Email: twhitney@cablehuston.com Attorney for City of Bonners Ferry BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION In the Matter of the Application of Northern Case No. Lights, Inc. and the City of Bonners Ferry for an Order Approving a Service Territory JOINT APPLICATION FOR APPROVAL Agreement between the Applicants OF SERVICE TERRITORY AGREEMENT Pursuant to Rule 51 of the IPUC Rules of Procedure and Idaho Code § 61-333, Northern Lights, Inc., an Idaho non-profit corporation and electric cooperative ("NLI") and the City of Bonners Ferry, an Idaho municipal corporation ("the City") (together, the "Petitioners") respectfully apply for Commission approval of a Service Agreement Pursuant to Idaho Code 61- 333 between NLI and the City on the grounds and for the following reasons: 1. On December 8, 2000, the Idaho Legislature met in special session and amended the Idaho Electric Supplier Stabilization Act ("ESSA"), Idaho Code §§ 61-332 through 61-334B. 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 territory and consumers are to be served by which JOINT APPLICATION—NORTHERN LIGHTS, INC./CITY OF BONNERS FERRY. 1 contracting electric supplier. The statute further provides that the Commission shall, after notice and hearing, 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 the service territory agreement is necessary to comply with the purposes of the Electric Supplier Stabilization Act. 2. The Petitioners entered into a"Service Agreement Pursuant to Idaho Code 61-333" on February 3, 1981, and have been operating pursuant to this agreement since its execution. This agreement predates the 2001 amendment to the ESSA. Accordingly, the Petitioners now seek Commission approval of the existing agreement. A copy of the agreement is attached as Exhibit A. 3. The agreement was negotiated between the parties to establish the Petitioners' service territories, provide service stability for consumers, eliminate duplication of services, and provide safety in the respective territories. The Petitioners believe the agreement is in the best interests of both entities and the consumers of both entities and conforms to all provisions and purposes of the ESSA. 4. The maps attached to the Petitioners' 1981 agreement depicts the Petitioners' respective service areas as they existed at that time. However, since 1981, the Petitioners have made exceptions to those service areas to provide economically efficient service to their respective customers. As such, the Petitioners intend to develop an updated map showing their respective service areas as they currently exist, along with a list of existing service points that are exceptions to the service areas. The Petitioners anticipate that it may take up to 24 months to complete this mapping effort. The Petitioners therefore respectfully request that the Commission approve the JOINT APPLICATION—NORTHERN LIGHTS, INC./CITY OF BONNERS FERRY. 2 existing 1981 agreement attached as Exhibit A, conditioned on the Petitioners submitting an updated map within 24 months of Commission approval. 5. As entities not regulated by the Commission, the Petitioners submit that a hearing is not necessary to consider the issues presented herein and respectfully request that this Application be processed under Modified Procedure; i.e., by written submissions rather than by hearing. RP 201 et seq. If, however, the Commission determines that a technical hearing is required, Petitioners are prepared to present evidence and testimony accordingly. 6. For the foregoing reasons and to fulfill the requirements of Idaho Code § 61-333, the Petitioners respectfully request that the Commission, after notice and hearing, approve the Agreement pursuant to law,conditioned on the Petitioners submitting an updated service area map within 24 months of Commission approval. Dated this 13th day of June , 2025. NORTHERN LIGHTS, INC. By: !.tlJ stir 610 ldz�P_ Susan P. Weeks Attorney for Northern Lights,Inc. CITY OF BONNERS FERRY By: Tyler R. Whitney Attorney for City of Bonners Ferry JOINT APPLICATION—NORTHERN LIGHTS, INC./CITY OF BONNERS FERRY. 3 EXHIBIT A WILSON G WALTER ATTORNEYS Aq' LAW P. 0. Box 749 SERVICE AGREEMENT eoNNERS RS FERRY, IDAFIO 83805 TELEPHONE: 267-3127 PURSUANT TO I DAHO CODE 61-3 3 3 4 +. THIS AGREEMENT made this day of 1.981 , between the City of Bonners Perry, Idaho , hereinafter referred to as "Bonners" , and Northern Lights , Inc. , an REA Co-operative , with its offices and principal place of business located in Sandpoint , Idaho , hereinafter xelerred to as "Northern'' . The purpose of this agreement is to establish defined territories and rules between the parties hereto for provicling service to and new electrical connections to new consumers in Boundary County, Idaho , and is entered into pursuant to the authority in Idaho ' s Public Utility Regulation Act more specifically Idaho Code 61-333 . IN CONSIDERATION Or THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES MUTUALLY AGREE AS FOLLOWS : The shaded areas on the attached "Exhibit 1" as defined in "Exhibit 2" shall be the service area of Bonners , together with the territory described below. The remainder of Boundary County as between the two parties hereto shall be considered Northern territory EXCEPT when a Bonners service line is within four hundred feet (4001 ) of a new or prospective consumer ' s service entrance , Bonners will serve the load.. In the event both Northern and Bonners have lines whicli are within Four hundred feet C4 00 ' ) of the service entrance o C the Tiew or urosnective cansunter, the closest supplier, tc the service entrance of the new or prospective consumer shall serve that particular load . This agreement shall be binding on both parties from the elate of execution forward until amended or altered in writing by mwttial agreement of the parties hereto . 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