20250930Final_Order_No_36781.pdf

Office of the Secretary
Service Date
September 30,2025
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION ) CASE NO. C12-E-25-02
OF RIVERSIDE ELECTRIC COMPANY, )
LIMITED AND EAST END MUTUAL )
ELECTRIC,LIMITED FOR AN ORDER ) ORDER NO. 36781
APPROVING A SERVICE TERRITORY )
AGREEMENT BETWEEN THE )
APPLICANTS )
On June 11, 2025, Riverside Electric Company, Limited ("Company") and East End
Mutual Electric,Limited("East End") (collectively"Parties") applied to the Idaho Public Utilities
Commission ("Commission") requesting approval of a Service Territory Agreement
("Agreement")between the Company and East End("Application").
On July 23, 2025, the Commission issued a Notice of Application and Notice of Modified
Procedure setting an August 14, 2025, deadline for initial comments and an August 28, 2025,
deadline for the Company's reply comments. Order No. 36682. Staff filed comments on August
14, 2025. The Company did not file reply comments. The Commission received no public
comments.
Based on our review of the record,the Commission now issues this Final Order approving
the Agreement between the Parties.
BACKGROUND
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.Idaho Code § 61-332(2)provides that the purpose of the ESSA
is 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
ORDER NO. 36781 1

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 61-33413(1).
THE APPLICATION
The Parties stated that they have had an existing territory agreement between them.
Application at 2. The Parties stated that such territory agreement predates the amendment to Idaho
Code § 61-333 that requires Commission approval of territory agreements; therefore, the Parties
applied for 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 represented that the Agreement was negotiated between the Parties to settle a service
territory between the Parties,to provide for stability of service,to eliminate duplication of services,
and to provide safety in the service territories. Id. The Parties stated that they believed the
Agreement is in the best interest of both entities and their customers.Id.
STAFF COMMENTS
Staff reviewed the Service Territory Agreement and recommended that the Commission
approve the Agreement. Staff Comments at 2. Staff believed the Agreement included several terms
and conditions that were consistent with the purpose of the ESSA. Id. Staff concluded that the
terms of the Agreement that met the requirements of the ESSA included: (1) the specified
boundaries between the service territories that each Party will use to serve customers; (2) the
assignment of existing customers in the specified territories; (3) a process for entering into an
agreement to serve a new customer that can be more efficiently served by the other Party; and (4)
exceptions of customers in the defined territories.Id.
COMMISSION FINDINGS AND DECISION
The Commission has reviewed the record, including the Application, Agreement, and
comments. Specifically, as required by Idaho Code § 61-333, the Commission finds that the
Agreement is consistent with the public interest and promotes harmony between electric suppliers,
prohibits the "pirating" of consumers, discourages duplication of electric facilities, actively
supervises the conduct of electric suppliers, and stabilizes the service territory and consumers
served by the Parties. We find the proposed Agreement follows the ESSA and prior Commission
orders. We therefore find it reasonable to approve the Parties' Agreement.
ORDER NO. 36781 2

ORDER
IT IS HEREBY ORDERED that the Agreement between the Parties, identified in the
Application, is approved as filed.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one(21) days of the service date of this Order regarding any matter
decided in this Order. Within seven (7) days after any person has petitioned for reconsideration,
any other person may cross-petition for reconsideration. See Idaho Code § 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 30th day of
September 2025.
G
Grp
DWARD LODGE, RE 'I ENT
HN R. HAMMOND JR., COMMISSIONER
DAYN HARDIE, OMMISSIONER
ATTEST:
Lau aIderon Robles
Interim Commission Secretary
IALegal\ELECTRIC\C12-E-25-02_East End\orders\C12E2502_FO_jl.docx
ORDER NO. 36781 3