20250926Comment_1.pdf

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Julia Hilton
Vice President, General Counsel
jhilton(c�idahopower.com
September 26, 2025
VIA ELECTRONIC FILING
Commission Secretary
Idaho Public Utilities Commission
11331 W. Chinden Blvd., Bldg 8,
Suite 201-A (83714)
PO Box 83720
Boise, Idaho 83720-0074
Re: Draft Pole Attachment Rules RUL-U-25-01
Dear Commission Secretary:
Idaho Power Company ("Idaho Power or "Company") would like to begin by
expressing our appreciation for the Commission's cooperation and its willingness to
engage in a rulemaking process that considers the best interests of utilities, attaching
entities, and utility customers. We recognize the complexity of balancing timeliness, cost,
and safety and we commend the Commission's efforts to develop a thoughtful and
inclusive regulatory framework.
The Company respectfully submits the following comments and concerns
regarding the proposed pole attachment rules:
1. Need for a Per-Day Fine Structure for Non-Compliant Attachments
We strongly believe that the proposed flat fee for non-compliant attachments is
insufficient to deter delayed corrective action and possibly serves to provide an incentive
not to undertake corrective action when the cost to remediate exceeds the flat fee. An
average cost to address a small safety issue is roughly $250, half of the amount of the
proposed fee.' By setting a fee at $500, the Commission is inadvertently incentivizing
attaching entities to pay the fine and leave larger non-compliance issues.
This is based on Idaho Power's average cost to deploy one lineman in a bucket truck to a location 40
miles from the lineman's duty station.
1221 W. Idaho St(83702)
P.O. Box 70
Boise, ID 83707

Commission Secretary
Idaho Public Utilities Commission
September 26, 2025
Page 2
A per-day penalty structure is essential to incentivize timely resolution of safety
violations and ensure that attaching entities remain accountable for maintaining
compliance. Public safety is paramount, and a flat fee of $500 does not reflect or
adequately provide the urgency required to address hazardous conditions. As Idaho
Power has previously described, the Company has over 15,300 instances of non-
compliance with the National Electrical Safety Code by its attaching entities. The
company notifies these attaching entities of their noncompliance on a monthly basis and
still they are not remedied in a reasonable time. A per-day fine would more appropriately
align with the risk associated with non-compliant attachments and encourage prompt
remediation.
2. Concerns Regarding Shortened Timeframes
The Company greatly appreciates the Commission's inclusion of deviations of
deadlines for good and sufficient cause in the proposed pole attachment rules but remains
concerned with the timeframes for application processing and related activities.
The Idaho Broadband Advisory Board recently approved $436 million in
Broadband Equity Access and Deployment ("BEAD") grants to go toward proposed
broadband projects across Idaho. These projects are currently under review by the
National Telecommunications and Information Administration, with funding expected to
be released within the next 90 days. All BEAD funding received by Broadband providers
must be spent within four years of the funding date.
The anticipated influx in pole attachment applications resulting from BEAD-funded
network deployments presents a challenge to the proposed regulatory timelines. These
timelines risk imposing undue constraint on a process that must remain focused on safety
and technical integrity. Accordingly, we respectfully urge the Commission to consider
allowing for additional time for the make-ready construction to ensure safe, thorough, and
orderly execution of all required work.
We appreciate the opportunity to provide this letter and look forward to our
continued collaboration with the Commission and stakeholders to ensure that Idaho's pole
attachment rules support safe and efficient infrastructure deployment.
Sincerely,
Julia Hilton
JH:sg
Idaho Power Page 2 of 2