20251010Opposition to Motion for Procedural Schedule .pdf

RECEIVED
OCTOBER 10, 2025
IDAHO PUBLIC
UTILITIES COMMISSION
David J. Meyer I ISB No. 8317
Vice President & Chief Counsel for
Regulatory& Governmental Affairs
AVISTA CORPORATION
1411 E. Mission Ave.
Spokane,WA 99202
[phone]
[e-mail]
Eric B. Langley I ASB-8139-E66E
LANGLEY & BROMBERG LLC
2700 U.S. Highway 280, Suite 350E
Birmingham, Alabama 35223
[phone]
[e-mail]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
WIRED OR WIRELESS, INC. )
Complainant, )
Case No. AVU-E-25-11
V. )
AVISTA CORPORATION, )
d/b/a Avista Utilities, )
Respondent. )
AVISTA CORPORATION'S OPPOSITION
TO MOTION FOR PROCEDURAL SCHEDULE
Respondent Avista Corporation ("Avista") opposes the September 29, 2025 "Motion
Regarding the Procedural Schedule" filed by Complainant Wired or Wireless, Inc. ("WOW") in
the above-captioned matter for the reasons stated below:
1. The central issue in this dispute is whether the Commission has the authority to
retroactively adjust the rates charged by Avista for WOW's use of Avista's poles during 2023 and
2024 and, if so, whether those rates were "reasonable compensation"under Idaho Code § 61-514.
This is an issue the Commission can,and should,resolve based on the existing records in this case.
Avista's Opposition to Motion for Procedural Schedule
Page 1

2. WOW's July 17, 2025 "Complaint" was 11 pages long, with 23 numbered
paragraphs, citations to various authorities, and 4 supporting exhibits. Avista's August 28, 2025
"Answer" was 20 pages long, responded in detail to each numbered paragraph of the complaint,
cited to relevant authorities, and included 13 supporting exhibits. The Complaint and the Answer
provide the Commission with the facts, law, arguments, and testimony sufficient for it to render a
decision.
3. As described in detail within the Complaint and Answer,WOW's allegations arise
from a collection action filed by Avista in Spokane County Superior Court to recover more than
$400,000 in unpaid pole attachment rental fees from WOW. On September 26,2025,the Spokane
Superior Court entered an order staying the case to allow the Commission an opportunity to
address the issues raised by WOW's Complaint. In short, for now at least, the Spokane Superior
Court is waiting for the Commission to act.
4. There is no dispute that WOW owes Avista something for the periods at issue in
the state court lawsuit and as described in Avista's Answer. The only issue is how much. For this
reason, the Commission's timely resolution of the amount of rent that WOW owes Avista would
allow the parties to move forward with the state court lawsuit (or, more likely, resolve the dispute
through settlement). Following WOW's proposed schedule would, however, unnecessarily add
several more months to the delinquency of its rent.
For the reasons set forth above,Avista respectfully requests that the Commission deny
WOW's "Motion Regarding the Procedural Schedule" and resolve this case based on the existing
records.
Dated: October 10, 2025
lsl Eric B. Langley
Eric B. Langley I ASB-8139-E66E (pro hac vice)
LANGLEY& BROMBERG LLC
Avista's Opposition to Motion for Procedural Schedule
Page 2

2700 U.S. Highway 280, Suite 350E
Birmingham, Alabama 35223
[phone]
[e-mail]
David J. Meyer I ISB No. 8317
Vice President& Chief Counsel for Regulatory&
Governmental Affairs
AVISTA CORPORATION
1411 E. Mission Ave.
Spokane,WA 99202
[phone]
[e-mail]
Attorneys for Avista Corporation
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this loth day of October 2025, served the foregoing
Opposition to Motion for Procedural Schedule upon all parties of record in this proceeding, by
delivering it through electronic mail to the addresses identified below:
Idaho Public Utilities Commission
Attn: Monica Barrios-Sanchez
Secretary
secretgakpuc.idaho._og_v
Gregory M.Adams, ISB No. 7454
RICHARDSON ADAMS, PLLC
515 N. 271h Street
Boise, Idaho 83702
[phone]
greg(a,richardsonadams.com
Robert H. Jackson, D.C. Bar No. 388397
MARASHLIAN &DONAHUE, PLLC
1430 Spring Hill Rd, Suite 310
Tysons,VA 22102
[phone]
rhj&commlawgroup.com /s/Eric B. Langley
Eric B. Langley I ASB-8139-E66E (pro hac vice)
LANGLEY& BROMBERG LLC
2700 U.S. Highway 280, Suite 350E
Birmingham, Alabama 35223
[phone]
[e-mail]
Avista's Opposition to Motion for Procedural Schedule
Page 3