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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