HomeMy WebLinkAbout20230321_C15E2301_cb.pdfDECISION MEMORANDUM 1
DECISION MEMORANDUM
TO: COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: CHRIS BURDIN
DEPUTY ATTORNEY GENERAL
DATE: MARCH 21, 2023
SUBJECT: IN THE MATTER OF UNITED ELECTRIC CO-OP INC.’S FORMAL
COMPLAINT FOR VIOLATION OF CONTRACT ENTERED INTO
PURSUANT TO THE IDAHO ELECTRIC STABILIZATION ACT; CASE
NO. C15-E-23-01.
On February 22, 2023, United Electric Co-op, Inc. (“United”) filed a formal complaint
(“Complaint”) with the Idaho Public Utilities Commission (“Commission”). United alleges that
the City of Burley, Idaho (“Burley” or “City”), violated a series of service agreements
(“Agreements”) related to the allocation of the respective electric service territory and customers
by and between the City and United, which were entered into pursuant to the Idaho Electric
Stabilization Act (“ESSA”), and that have been approved by order of the Commission.
Specifically, United’s Complaint concerns the construction of a milk processing facility
(“Facility”) that is being built by Suntado, LLC (“Suntado”). United states that the Facility is
wholly within United’s service territory.
United requests that the Commission issue an order: (1) prohibiting the City from engaging
in further acts in violation of the Agreements; (2) prohibiting the City from providing electric
service to the Facility; and (3) requiring the City to remove all electrical connections, facilities
and/or equipment installed to serve the Facility.
RECOMMENDATION
Commission Staff (“Staff”) recommends the Commission issue a Summons to the City
directing it to answer or otherwise respond to the Complaint within twenty-one (21) days. Staff
also recommends the Commission allow fourteen (14) days for Staff and United to reply to the
City’s answer.
DECISION MEMORANDUM 2
COMMISSION DECISION
1. Does the Commission wish to issue a Summons to the City directing it to answer or
otherwise respond to the Complaint within twenty-one (21) days?
2. Does the Commission wish to allow Staff and United fourteen (14) days to respond to
the City’s answer?
__________________________
Chris Burdin
Deputy Attorney General
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