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Home My WebLink About20250820Motion to Vacate.pdf RECEIVED August 20,2025 IDAHO PUBLIC ADAM TRIPLETT UTILITIES COMMISSION DEPUTY ATTORNEY GENERAL IDAHO PUBLIC UTILITIES COMMISSION PO BOX 83720 BOISE, IDAHO 83720-0074 (208) 334-0314 IDAHO BAR NO. 10221 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 THE APPLICATION OF ) CASE NO. C10-E-25-01 NORTHERN LIGHTS,INC.AND THE CITY OF ) BONNERS FERRY FOR AN ORDER ) STAFF'S EXPEDITED MOTION APPROVING A SERIVCE TERRITORY ) TO VACATE COMMENT AGREEMENT BETWEEN THE APPLICANTS ) DEADLINES Staff of the Idaho Public Utilities Commission ("Staff'), by and through its attorney of record, Adam Triplett, Deputy Attorney General, pursuant to Commission Rules of Procedure ("Rule")056, 123,256, and 322,IDAPA 31.01.01 et seq.,does hereby move for an Order vacating the public comment and Applicant reply deadlines established in this case in Order No. 36695. BACKGROUND The Electric Supplier Stabilization Act ("Act") authorizes the Commission to approve or reject contracts between electric suppliers that divide service areas or assign current and future customers between them and designating which territories and consumers are to be served by which contracting electric supplier. See Idaho Code § 61-633(1). The Commission may approve these contracts only if it determines that the division of territories or customers aligns with the goals and requirements of the Act.Id. Northern Lights, Inc., an Idaho non-profit corporation and electric cooperative, and the City of Bonners Ferry, an Idaho municipal corporation (collectively, "Applicants") seek STAFF'S EXPEDITED MOTION TO VACATE COMMENT DEADLINES 1 August 20, 2025 Commission approval of a service agreement they allegedly have followed since 1981 ("Agreement"). According to the Applicants, this agreement defines their service areas to ensure consistent service for customers, avoid overlapping services, and improve safety. Despite operating under the Agreement for more than four decades,the Applicants seek to have it approved now because it predates the Electric Supplier Stabilization Act,Idaho Code §§ 61-333—61-334B. MOTION TO VACATE COMMENT DEADLINES On July 31, 2025, the Commission issued Order No. 36695, establishing an August 21, 2025,public comment deadline and a September 4, 2025, Applicant reply deadline in this case. On August 19, 2025, Idaho Forest Group, LLC ("IFG") filed a petition to intervene in this case. To support its petition,IFG argues that approving the Agreement could affect both its electric rates or service quality and an appeal pending in the Idaho Supreme Court over the same service territory issue. IFG's petition to intervene was accompanied by a declaration from IFG's counsel laying foundation for eight attached exhibits. All eight exhibits are orders or other court filings from Rates and Service Litigation and a declaratory judgment action IFG brought against the City of Bonners Ferry in a Bonner County district court.' These eight exhibits span 116 pages and, based upon an initial review by Staff s counsel, could impact the decision to approve or reject the Agreement at issue in this case. In addition to its petition to intervene and supporting declaration, IFG filed written comments addressing the Application. In these comments,IFG argues that the Commission should refrain from acting on the Application due to the pending appeal from the Rates and Service Litigation and a declaratory judgment action. Furthermore, IFG asserts that, even after the Idaho Supreme Court resolves the legal issues on appeal,more evidence must be gathered to develop the record before the Commission could approve the Application. Staff believes a thorough review of the ongoing Idaho Supreme Court appeal is necessary to determine whether this case should be stayed or allowed to move forward to a final decision. However, Staff is unable to review the 116 pages of legal documents submitted by IFG's counsel and prepare meaningful comments on their relevance to this case before the August 21, 2025, deadline. Accordingly, Staff respectfully requests that the Commission vacate both the August 21, 2025, public comment deadline and the September 4, 2025, Applicant reply deadline. Once Staff 'Idaho Forest Group LLC v. City of Bonners Ferry,Case No. CV 11-23-0271 (Boundary County District Court) STAFF'S EXPEDITED MOTION TO VACATE COMMENT DEADLINES 2 August 20, 2025 has reviewed the documents submitted by IFG, it will consult with the parties and propose how the case should proceed. Staff provided actual notice of the substance of this Motion to the Applicants by email on August 20, 2025. Staff believes that pursuant to Rule of Procedure 256.03, IDAPA 31.01.01.256.03, the factual circumstances warrant immediate review of its Motion and enables the Commission to consider this Motion and offer the relief requested on fewer than 14 days' notice. Accordingly, Staff request that the Commission consider this motion during its August 26, 2025 decision meeting.2 CONCLUSION Staff respectfully requests that the Commission issue an Order vacating the comment deadlines established in this case in Order No. 36695. DATED at Boise, Idaho, this 20ffi day of August 2025. Adam Triplett Deputy Attorney General 2 As the Commission cannot rule on this motion before the August 21,2025, comment deadline, Staff intends to file short preliminary comments further describing the procedural developments in this case, but reserves the right to submit supplemental comments should the Commission grant the relief requested in this motion. STAFF'S EXPEDITED MOTION TO VACATE COMMENT DEADLINES 3 August 20, 2025 CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I HAVE ON THIS 20TH DAY OF AUGUST 2025, I SERVED THE FOREGOING, STAFF'S EXPEDITED MOTION TO VACATE COMMENT DEADLINES, IN CASE NO. C10-E-25-01, BY &MAILING A COPY THEREOF, TO THE FOLLOWING: Northern Lights, Inc.: City ofBonners Ferry: Susan P. Weeks Tyler R. Whitney 1626 Lincoln Way 1455 SW Broadway, Ste. 1500 Coeur d'Alene, ID 83834 Portland, OR 97201 sweeks@jvwlaw.net twhitneykcablehuston.com IFG: Andrew P. Moratzka(pro hac vice pending) STOEL RIVES LLP 33 South 6th Street Minneapolis, MN 55402 andrew.moratzkana,stoel.com W. Christopher Pooser Alaina Harrington STOEL RIVES LLP 101 S. Capitol Blvd., Ste. 1900 Boise, ID 83702 christopher.pooserksto el.com alaina.harrin ongstoel.com Kyl 4.-WkAl Keri J. Hawker Assistant to Adam Triplett STAFF'S EXPEDITED MOTION TO VACATE COMMENT DEADLINES 4 August 20, 2025