20260903Reply Comments.pdf

RECEIVED
September 03, 2026
IDAHO PUBLIC
UTILITIES COMMISSION
Andrew P. Moratzka(pro hac vice)
[e-mail]
STOEL RIVES LLP
33 South 61' Street
Minneapolis, MN 55402
Telephone: [phone]
Facsimile: 612.373.8881
W. Christopher Pooser, ISB No. 5525
[e-mail]
Alaina Harrington, ISB No. 11879
[e-mail]
STOEL RIVES LLP
101 S. Capitol Boulevard, Suite 1900
Boise, ID 83702
Telephone: [phone]
Facsimile: 208.3 89.9040
Attorneys for Idaho Forest Group LLC
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION Case No. C 10-E-25-01
OF NORTHERN LIGHTS, INC. AND THE
CITY OF BONNERS FERRY FOR AN IDAHO FOREST GROUP LLC'S
ORDER APPROVING A SERVICE COMMENT
TERRITORY AGREEMENT BETWEEN
THE APPLICANTS
Idaho Forest Group LLC ("IFG") respectfully submits this formal written comment in
response to the August 20, 2026, filing submitted by the City of Bonners Ferry ("CBF") and
Northern Lights, Inc. ("NLI," and together with CBF, "Joint Applicants") withdrawing the
objection to IFG's intervention("Withdrawal"). IFG appreciates the prompt response of the Idaho
Public Utilities Commission ("Commission") in addressing the Withdrawal and granting IFG's
intervention in its written order dated August 26, 2026.
While the Commission evaluates next steps in processing Joint Applicants' requested relief
in this docket for approval of a service territory agreement pursuant to Idaho Code § 61-333 (the
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"Application"),IFG is compelled to comment on the Withdrawal. IFG respectfully disagrees with
the Joint Applicants' statement"that the single issue before the Commission is whether to approve
a long-standing territorial agreement, and the pending Idaho Supreme Court appeal does not
warrant delaying this proceeding." Withdrawal,at 1. In its comment dated August 19,2025 ("IFG
Comment"), IFG raised multiple concerns regarding Joint Applicants' requested relief in the
Application, which it reincorporates by reference and briefly summarizes here.
First and foremost,IFG respectfully asserts that,because the Commission has not approved
the service territory agreement Joint Applicants seek approval of in the Application, it and other
customers outside of CBF's municipal boundary are not"lawfully connected"as that term is used
in Idaho Code § 61-332B and, therefore, those customers have a choice in electric provider. IFG
acknowledges that CBF disputes this interpretation of the Idaho Electric Supplier Stabilization Act
("ESSA"), that the Boundary County District Court sided with CBF on this dispute, and that this
issue is presently on appeal before the Idaho Supreme Court. IFG also notes that the Applicants
concede that it may take them up to 24 months to finalize the content of their Application.
Application,para. 4. Given the unresolved legal issue presently on appeal, and the additional work
the Applicants admit remains, IFG continues to assert that administrative efficiency is best served
by the Commission refraining from taking any action until this dispute is resolved by the Idaho
Supreme Court.
Second, even if the Commission believes this matter should move forward, IFG reiterates
its concerns that the Application contains insufficient information upon which to reach a decision.
Idaho law specifically provides that "The commission shall approve such contracts only upon
finding that the allocation of territories or consumers is in conformance with the provisions and
purposes of this act." Idaho Code § 61-333(1)(emphasis added). Here,the Section 61-333 Service
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Agreement is over 40 years old. Furthermore, the maps included are illegible and, according to
the Applicants, not representative of the alleged existing service territory boundaries. Indeed, the
Applicants state that they"intend to develop an updated map showing their respective service
areas as they currently exist, along with a list of existing service points that are exceptions to the
service areas." Application, para. 4 (emphasis added). Absent the Applicants providing this
information at the outset and as part of the Application, there does not appear to be any basis for
the Commission to determine either the Section 61-333 Service Agreement or the Applicants'
practices over the past 44 years have been in conformance with the provisions and purposes of the
ESSA. IFG therefore continues to recommend that the Commission set this matter on for a
technical hearing to allow for record development on the following items: (1) the precise scope
and geographical boundaries of the service territory NLI proposes to cede to CBF; (2) a full listing
of customers that are impacted by the Section 61-333 Service Agreement and relief sought in the
Application; (3) a detailed one-line diagram of the Applicants' electric service systems in
Boundary County, including facilities owned and operated by other parties, including Bonneville
Power Administration; (4) future planned investments of NLI and CBF, respectively, to provide
service and maintain reliability in Boundary County; and(5) all other relevant information for the
Commission to adequately reach its conclusion as to whether the Application is in conformance
with the provisions and purposes of the ESSA.
In short, for all of the reasons set forth in the IFG Comment, IFG remains concerned that
the relief sought in the Application (i) is a collateral attack on a pending appeal now before the
Idaho Supreme Court, which appeal warrants a delay of this proceeding; and(ii)was filed without
sufficient information for the Commission to conduct the analysis required under applicable law.
Given the significant outstanding legal issues on these points, IFG respectfully requests that any
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action or decision by the Commission be postponed until the Idaho Supreme Court has had the
opportunity to rule on ESSA provisions relevant to the Application. Furthermore, once the legal
issues have been resolved by the Idaho Supreme Court, or if the Commission determines that the
legal issues are sufficiently resolved to begin processing the Application,IFG respectfully requests
this matter be set for technical hearing to better develop and resolve the myriad factual issues
identified in this comment.
DATED: September 3, 2026 STOEL RIVES LLP
By: Is/Andrew P. Moratzka
W. Christopher Pooser
Andrew P. Moratzka
Attorneys for Idaho Forest Group LLC
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on September 3, 2026, I served a true and correct copy of the
IDAHO FOREST GROUP LLC'S COMMENT upon the following by electronic mail only:
Commission Secretary
Idaho Public Utilities Commission
472 W. Washington Street
Boise, ID 83702
[e-mail]
Susan P. Weeks
James, Vernon, & Weeks, P.A.
1626 Lincoln Way
Coeur d'Alene, ID 83834
[e-mail]
Tyler R. Whitney
Cable Huston LLP
1455 SW Broadway, Ste 1500
Portland, OR 97201-3412
[e-mail]
/s/W. Christopher Pooser
W. Christopher Pooser
154082390.4 0026695-00016
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