20250821Staff Comments.pdf

RECEIVED
August 21, 2025
ADAM TRIPLETT IDAHO PUBLIC
DEPUTY ATTORNEY GENERAL UTILITIES COMMISSION
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
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 NORTHERN LIGHTS, INC. AND THE ) CASE NO. C10-E-25-01
CITY OF BONNERS FERRY FOR AN ORDER )
APPROVING A SERIVCE TERRITORY )
AGREEMENT BETWEEN THE APPLICANTS ) PRELIMINARY COMMENTS
OF THE COMMISSION STAFF
COMMISSION STAFF ("STAFF") OF the Idaho Public Utilities Commission
("Commission"), by and through its attorney of record, Adam Triplett, Deputy Attorney General,
submits the following preliminary comments.
FACTUAL BACKGROUND
Northern Lights, Inc., an Idaho non-profit corporation and electric cooperative, and the
City of Bonners Ferry ("City"), an Idaho municipal corporation (collectively, "Applicants") seek
Commission approval of a service agreement they allegedly have followed since 1981
("Agreement"). A district court case out of Bonner County, Idaho, may have prompted the
Applicants to finally seek Commission approval of the Agreement after more than four decades.
In June 2023, Idaho Forrest Group, LLC ("IFG") sued the City, claiming, among other
things, that the city violated Idaho Code § 50-325 by charging unjust and unreasonable electric
rates,and violated Idaho Code§ 50-1048 by adding a 5%general fund transfer fee to all customers'
PRELIMINARY COMMENTS OF
THE COMMISSION STAFF 1 AUGUST 21, 2025

bills,which exceeded the actual cost of providing electric service. See Idaho Forest Group LLC v.
City ofBonners Ferry, Case No. CV11-23-0271 (Boundary County District Court). Subsequently,
IFG amended its complaint to add a declaratory judgment action, seeking interpretation of relevant
portions of the Electric Supplier Stabilization Act, Idaho Code §§ 61-333-61-334B, and
declaratory judgment on the City's right to provide electric service to IFG. Following the district
court's judgment against IFG on all claims, IFG appealed to the Idaho Supreme Court, where the
case is currently pending.
PROCEDURAL HISTORY
On June 13,2025,Northern Lights, Inc. and the City jointly applied to the Commission for
approval of a service agreement under Idaho Code § 61-333. On July 31, 2025, the Commission
issued Order No. 36695, setting an August 21, 2025, deadline for public comments and a
September 4, 2025, deadline for the Applicant's reply.
On August 19, 2025, IFG filed a petition to intervene, asserting that approval of the
Agreement could affect its electric rates or service quality, as well as a pending appeal before the
Idaho Supreme Court concerning the same service territory. IFG's petition included a declaration
from its counsel supporting eight attached exhibits—court orders and filings from both Rates and
Service Litigation and a declaratory judgment action brought by IFG against the City in Bonner
County district court.
On August 20, 2025, Staff moved to vacate the comment deadlines established in Order
No. 36695, arguing that additional time was necessary to determine how a decision in this case
could affect the appeal currently pending before the Idaho Supreme Court described above.
Because the Commission cannot rule on Staffs motion to vacate before the August 21, 2025,
public comment deadline, Staff submits these preliminary comments. However, Staff reserves the
right to submit supplemental comments should the Commission grant Staffs motion to vacate.
STAFF'S PRELIMINARY COMMENTS
Staff believes a thorough review of the factual and legal issues currently before the Idaho
Supreme Court in Idaho Forest Group LLC v. City of Bonners Ferry is necessary for the
Commission to make a fully informed decision to approve or reject the Application. Although
Staff has not had time to fully analyze the 116 pages of documents submitted by IFG's counsel, it
appears that IFG is challenging whether the City has the exclusive right to provide electrical
service to IFG. However, it is unclear at this point what effect, if any, Commission approval of the
PRELIMINARY COMMENTS OF
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Agreement would have on the pending appeal. In short,Staff cannot provide meaningful comments
on the Application without additional time to review the documents submitted by IFG's counsel.
Consequently, Staff believes this case is not yet ready to proceed toward a final decision. If the
Commission grants Staffs motion to vacate the comment deadlines set in Order No. 36695, Staff
will coordinate with the parties to propose new deadlines that allow for evaluation of this case's
interaction with Idaho Forest Group LLC v. City of Bonners Ferry.
STAFF RECOMMENDATIONS
Staff recommends the Commission issue an order:
1) Granting the relief sought in Staffs motion to vacate the comment deadlines, filed
August 20, 2025; and
2) Directing Staff to recommend new comment deadlines after consulting with the parties.
Respectfully submitted this 21 st day of August 2025.
Adam Triplett
Deputy Attorney General
I:\LegahELECTRIC\CIO-E-25-01_N Lights\CI OE250 I_preliminary cmnts_at.docx
PRELIMINARY COMMENTS OF
THE COMMISSION STAFF 3 AUGUST 21, 2025

CERTIFICATE OF SERVICE
S�
I HEREBY CERTIFY THAT I HAVE THIS /DAY OF AUGUST 2025,
SERVED THE FOREGOING PRELIMINARY COMMENTS OF THE COMMISSION
STAFF, IN CASE NO. C10-E-25-01, BY E-MAILING A COPY THEREOF TO THE
FOLLOWING:
Northern Lights,Inc.
SUSAN P. WEEKS
1626 LINCOLN WAY
COEUR D'ALENE, ID 83834
E-MAIL: sweeks a jvwlaw.net
City of Bonners Ferry
TYLER R. WHITNEY
1455 SW BROADWAY, STE. 1500
PORTLAND, OR 97201-3412
E-MAIL: twhitneyLwcablehuston.com
PATRICIA JORDA , SECRETARY
CERTIFICATE OF SERVICE