20250826Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER LODGE
COMMISSIONER HAMMOND
COMMISSIONER HARDIE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: ADAM TRIPLETT
DEPUTY ATTORNEY GENERAL
DATE: AUGUST 26, 2025
SUBJECT: IN THE MATTER OF THE APPLICATION OF NORTHERN LIGHTS,
INC. AND THE CITY OF BONNERS FERRY FOR AN ORDER
APPROVING A SERVICE TERRITORY AGREEMENT BETWEEN THE
APPLICANTS; CASE NO. C10-E-25-01.
On June 13, 2025, Northern Lights, Inc., an Idaho non-profit corporation and electric
cooperative and the City of Bonners Ferry, an Idaho municipal corporation (collectively,
"Applicants")jointly applied for approval of a Service Agreement under Idaho Code § 61-333.
Specifically, the Applicants request that the Commission approve an agreement that they have
followed since 1981, which they intend to update over the next 24 months to reflect their
currently existing service areas. The Applicants request processing of this matter via modified
procedure.
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
1 Idaho Forest Group LLC v. City of Bonners Ferry,Case No. CV 11-23-0271 (Boundary County District Court)
DECISION MEMORANDUM I

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.
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.
On August 21, 2025, Staff filed preliminary comments further explaining the need for
additional time to review the interaction between the pending appeal and this case. Staff filed the
preliminary comments because the Commission could not rule on Staffs motion to vacate before
the existing August 21, 2025, public comment deadline. Staff reserved the right to submit
supplemental comments should the Commission grant Staffs motion to vacate.
COMMISSION DECISION
Does the Commission wish to issue an order vacating the comment deadlines established
in Order No. 36695?
Adam Triplett
Deputy Attorney General
IALegal\ELECTRIC\C10-E-25-01_N Lights\memos\C10E2501_dec2_at.doc
DECISION MEMORANDUM 2