20251021Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER LODGE
COMMISSIONER HAMMOND
COMMISSIONER HARDIE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: ERIKA K. MELANSON
DEPUTY ATTORNEY GENERAL
DATE: OCTOBER 21, 2025
SUBJECT: IN THE MATTER OF WIRED OR WIRELESS, INC.'S FORMAL
COMPLAINT AGAINST AVISTA CORP.; CASE NO. AVU-E-25-11.
On July 17, 2025, Wired or Wireless, Inc. ("WOW") filed a formal complaint
("Complaint") with the Idaho Public Utilities Commission ("Commission") against Avista Corp.
("Company"). WOW alleged that the Company billed WOW for pole attachments located in the
State of Idaho in violation of Idaho Code § 61-538, regulations and orders of the Commission, as
well as federal laws and regulations. Complaint at 1-2. WOW also claimed that the Company had
violated WOW's right to overlash another cable or wire to its existing cables and wires; and that
the Company had failed to maintain accurate records by failing to conduct periodic pole audits.Id.
On August 28, 2025, the Company filed an Answer to the Complaint("Answer") denying
WOW's allegations. Answer at 1. The Company claimed the parties' Joint Use Master License
Agreement was terminated and a lawsuit was filed in the Superior Court of Washington against
WOW for breach of contract. Id. at 2. The Company denied the Commission's jurisdiction over
the matter under Idaho Code § 61-538 and argued that the Commission's jurisdiction derives from
Idaho Code § 61-514. Id. at 4-5. The Company requested the Commission deny WOW's request
for relief and dismiss the Complaint,allowing the Company to further pursue the breach of contract
claims in the Washington Superior Court lawsuit. Id. 18-19.
On September 29, 2025, WOW filed a Motion Regarding the Procedural Schedule
("Motion"), requesting the Commission set dates for motions for summary judgement, responses
to motions, replies to responses, and oral arguments. Motion at 1-2.
DECISION MEMORANDUM 1

On October 10, 2025, the Company filed a response in opposition to WOW's Motion
("Response"), arguing the Commission should deny WOW's proposed procedural schedule and
resolve the matter based on the existing record, allowing the parties' to continue the proceedings
in the Washington Superior Court. Response at 2.
COMMISSION DECISION
Does the Commission wish to:
I. Set a schedule for motions for summary judgement, responses to motions, replies
to responses, and schedule an oral argument?
2. Deny the Motion to set a schedule and consider the matter as submitted?
3. Something else?
Erika K. Melanson
Deputy Attorney General
IALegaI\ELECTRICW VU-E-25-11_WO W\memosW WE2511_dec2_em.docx
DECISION MEMORANDUM 2