HomeMy WebLinkAbout20210323_dh1.pdfDECISION MEMORANDUM 1
DECISION MEMORANDUM
TO: COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: DAYN HARDIE
DEPUTY ATTORNEY GENERAL
DATE: MARCH 18, 2021
SUBJECT: IN THE MATTER OF ELTOPIA COMMUNICATIONS, LLC’S REQUEST
FOR CANCELLATION OF CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY NO. 470; CASE NO. ECL-T-20-01.
On December 29, 2020, Intessera Consulting Group (“Intessera”) filed a request on
behalf of Eltopia Communications, LLC (“Eltopia”) asking the Commission to voluntarily
withdraw Eltopia’s Certificate of Public Convenience and Necessity (“CPCN” ) and cancel
any tariffs on file with the Commission for Eltopia. Intessera represented that Eltopia did not have
any customers in Idaho.
On January 7, 2021, Commission Staff submitted a Decision Memorandum
recommending the Commission approve the request to cancel Eltopia’s CPCN No. 470.
Commission Staff’s January 7, 2021 Decision Memorandum appeared on the Consent
Agenda at the Commission’s January 12, 2021 Decision Meeting and the Commission approved
the Decision Memorandum.
Following approval of the January 7, 2021 Decision Memorandum an attorney for the
Commission notified Intessera that the filing did not comply with Commission Rule 43.
Commission Rule 43 defines who may file on behalf of a party in proceedings before the
Commission. In administrative proceedings, the Commission’s rules allow filings to be made by
“an employee or officer of a corporation, or a licensed attorney” but not by consultants on behalf
of a corporation. IDAPA 31.01.01.043.01. Intessera agreed to modify the filing to comply with
Commission Rules.
DECISION MEMORANDUM 2
On March 11, 2021, Intessera resubmitted its request accompanied by a letter signed
by Eltopia’s President.
STAFF RECOMMENDATION
Staff recommends the Commission grant the request and withdraw CPCN No. 470
without prejudice and cancel any tariffs on file with the Commission for Eltopia.
COMMISSION DECISION
Does the Commission wish to withdraw CPCN No. 470 without prejudice and cancel
any tariffs on file for Eltopia?
__________________________
Dayn Hardie
Deputy Attorney General
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