20250814Staff Comments.pdf

RECEIVED
JEFFREY R. LOLL August 14, 2025
DEPUTY ATTORNEY GENERAL IDAHO PUBLIC
IDAHO PUBLIC UTILITIES COMMISSION UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 11675
Street Address for Express Mail:
11331 W CHINDEN BLVD, BLDG 8, SUITE 201-A
BOISE, ID 83714
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF RIVERSIDE )
ELECTRIC COMPANY, LIMITED's AND ) CASE NO. C12-E-25-02
EAST END MUTUAL ELECTRIC, LIMITED's )
APPLICATION FOR A SERVICE )
TERRITORY AGREEMENT BETWEEN THE ) COMMENTS OF THE
APPLICANTS ) COMMISSION STAFF
COMMISSION STAFF ("STAFF") OF the Idaho Public Utilities Commission
("Commission"), by and through its attorney of record, Jeffrey R. Loll, Deputy Attorney
General, submits the following comments.
BACKGROUND
On June 11, 2025, Riverside Electric Company, Limited("Company") and East End
Mutual Electric, Limited("East End") (collectively"Parties") applied to the Commission for
approval of a Service Territory Agreement("Agreement")between the Company and East End
("Application").
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
STAFF COMMENTS 1 AUGUST 14, 2025

are 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).
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; 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.
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, eliminate
duplicating services, and 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.
STAFF ANALYSIS
Staff reviewed the Service Territory Agreement and recommends that the Commission
approve the Agreement. Staff believes the Agreement is in conformance with the provisions and
intent of the ESSA. The Agreement includes several terms and conditions that Staff believes are
consistent with the purpose of the ESSA. Some important terms and conditions include: (1)the
defined boundaries between the two service territories that each Party will use to serve new
customers; (2)the assignment of existing customers in the defined territories; (3) a process for
entering into a written agreement to serve a new customer that can be more efficiently served by
the other Party; and(4) the exceptions of customers in the defined territories.
STAFF COMMENTS 2 AUGUST 14, 2025

The Agreement was executed by the Parties, as ordered in Case No. C12-E-24-03, which
was dismissed by the Commission through Order No. 36362 because of the failure to obtain a
signature from the Parties. Further, Staff discovered that two paragraphs were revised or added
to the unexecuted agreement in the case. Paragraph 5 "ATTORNEYS' FEES"was revised to be
consistent with Idaho Code § 61-617A and paragraph 6 "DELAYED RESPONSE" was added to
encourage each Party to sign the Agreement within the allotted time. Staff believes that these
paragraphs are consistent with the intent of the ESSA.
STAFF RECOMMENDATION
Staff recommends the Commission approve the executed Agreement between the
Company and East End, pursuant to Idaho Code § 61-333.
Respectfully submitted this 14th day of August 2025.
ofLoll
Deputy Attorney General
Technical Staff. Seungjae Lee
I:\Utility\UMISC\COMMENTS\C12-E-25-02 Comments.doex
STAFF COMMENTS 3 AUGUST 14, 2025

CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 141h DAY OF AUGUST 2025,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN CASE
NO. C12-E-25-02, BY E-MAILING A COPY THEREOF TO THE FOLLOWING:
Riverside Electric Co., Ltd.
BRADLEY S. RICHARDSON
CAMERON G. FRANCIS
ATTORNEYS FOR RIVERSIDE ELECTRIC
CO., LTD.
738 S. BRIDGEWAY PLACE, STE. 100
EAGLE, ID 83616
E-MAIL: bradAgarrettrichardson.com
cameron a,garrettrichardson.com
East End Mutual Electric, Limited.
ALAN GOODMAN
717 7TH STREET, P.O. BOX D
RUPERT, ID 83350
E-MAIL: 2goodman Ldpmt.org
PATRICIA JORDA , SECRETARY
CERTIFICATE OF SERVICE