HomeMy WebLinkAbout20250805Decision Memo.pdf DECISION MEMORANDUM
TO: COMMISSIONER LODGE
COMMISSIONER HAMMOND
COMMISSIONER HARDIE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: JOHAN E. KALALA-KASANDA, COMMISSION STAFF
ERIKA K. MELANSON,DEPUTY ATTORNEY GENERAL
DATE: AUGUST 5, 2025
RE: IN THE MATTER OF THE 2025 ANNUAL IDAHO UNIVERSAL
SERVICE FUND REPORT; CASE NO. GNR-T-25-07.
On July 15,2025,the Administrator of the Idaho Universal Service Fund("IUSF") submitted
the 2025 Annual IUSF Report ("Report") to Commission Staff ("Staff'), detailing the program
activities of the previous year. The Administrator reviewed the ending balance of the fund and
recommended several optional changes to the surcharge rates to maintain adequate funding levels to
meet the following year's funding requirements.
The Administrator titled the Report as "2024-25 IUSF CONFIDENTIAL ANNUAL
REPORT." Additionally,in the email to Staff,the Administrator stated,"Attached is the confidential
Administrator's Report of the Idaho Universal Service Fund (NSF) for the year ended June 30,
2025." However, pursuant to IDAPA 31.46.01.303.05, the Report is a public record document that
contains workpapers exempted as trade secrets. Specifically, IDAPA 31.46.01.303.05 states:
"The report of the administrator showing statewide aggregate totals of
local service and MTS/WATS revenues, inventories of services, and
other information not identifying any telephone corporation or
customer is a public record available for inspection, examination, and
copying under Section 74-102, Idaho Code. The workpapers
accompanying the report showing individual telephone corporations'
data for Title 62 services and individual telephone corporation's
reports to the administrator showing data for Title 62 services,together
with any data for Title 61 services protected from disclosure under
applicable trade secret law, are trade secrets exempt from disclosure
under Section 74-107(1), Idaho Code."
DECISION MEMORANDUM - 1 - AUGUST 5, 2025
Staff believes that the Administrator should be directed to resubmit the Report to the
Commission in compliance with IDAPA 31.46.01.303, which provides guidance for the
Administrator's annual Report to the Commission. Additionally, Staff believes that the
Administrator should be directed to submit all current and future filings directly to the Commission
Secretary at secretary&puc.idaho.gov. Physical copies can be submitted to:
Idaho Public Utilities Commission
Commission Secretary
P.O. Box 83720 Boise, ID 83720-0074
11331 W. Chinden Blvd. Building 8, Suite 201-A
Boise, ID 83714
STAFF RECOMMENDATION
Staff recommends that the Administrator be directed to resubmit her report to the
Commission in compliance with IDAPA 31.46.01.303, at which point the Commission Secretary
will open a docket, and a case process can be determined. Staff also recommends that the
Administrator be directed to file all current and future filings directly to the Commission Secretary.
COMMISSION DECISION
Does the Commission wish to issue an order directing the Administrator to:
1. Resubmit her annual report?
2. File all current and future filings directly to the Commission Secretary?
Man E. Kalala-Kasanda
Commission Staff
L\Uti1ity\UDMEM0S\GNR-T-25-07 Decision Memo.docx
DECISION MEMORANDUM - 2 - AUGUST 5, 2025