20240202Application.pdf

CASE NO. C12-E-24-01
Riverside Electric Company Limited
125 East 300 South
PO Box 12
Rupert, ID 83350
[phone]
Transmittal
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Attn: Commission Secretary
Re: 3 -Applications for Service Territory Agreement
Please find enclosed the following applications:
January 30, 2024
1-Application of Riverside Electric Company, Limited and East End Mutual Electric for an Order
Approving a Service Territory Agreement between the Applicants
1-Application of Riverside Electric Company, Limited and Farmers Electric Company, Ltd for an
Order Approving a Service Territory Agreement between the Applicants
1-Application of Riverside Electric Company, Limited and City of Rupert for an Order Approving
a Service Territory Agreement between the Applicants
We would like to move forward on getting these recorded. Please let us know what else is needed to do
so.
Thank-you,
Chad Surrage
Riverside Electric Co
[e-mail]
Enclosures: (4 Including transmittal)
CAS:mar
ALAN GOODMAN, #2778
717 ih Street
P.O. Box D
Rupert, ID 83350
Telephone: (208} 436-4774
Fax: (208} 436-4837
Attorney for Riverside Electric Company, Limited
ALAN GOODMAN, #2778
717 J1h Street
P.O. Box D
Rupert, ID 83350
Telephone: (208} 436-4774
Fax: (208} 436-4837
Attorney for Farmers Electric Company, Ltd.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
In the Matter of the Application of Riverside ) ) Electric Company, Limited and Farmers
Electric Company, Ltd for an Order
Approving a Service Territory Agreement
between the Applicants.
)
)
)
)
Case No. __________ _
APPLICATION
Pursuant to Rule 51 of the IPUCRP, and Idaho Code § 61-333, Riverside Electric ----
Company, Limited ("Riverside") and Farmers Electric Company ("Farmers") respectfully apply
for Commission approval of a Service Territory Agreement between Riverside and Farmers on
the grounds and for the following reasons:
1. On December 8, 2000, the Idaho Legislature, meeting in special session
amended the Idaho Electric Supplier Stabilization Act, §§ 61-332 through 61-334B of the Idaho
APPLICATION RIVERSIDE/FARMERS -1
·[
Code. Idaho Code § 61-333 provides that any electric supplier may contract in writing with
another electric supplier for the purpose of allocating territories, consumers, and future
consumers between electric suppliers and designating which territories and consumers are to
be served by which contracting electric supplier. The statute further provides that the
Commission shall, after notice and hearing review and approve or reject such contracts
between electric suppliers. This joint Application is filed with the Commission for approval.
Approval of the Commission of Service Territory Agreements is necessary to comply with the
purposes of the Electric Supplier Stabilization Act.
2. The Petitioners have for some time had a Territory Agreement between them.
Such Agreement predated the amendment to Idaho Code § 61-333, and therefore Riverside
and Farmers seek approval of the Commission of the existing Territory Agreement. A copy of
that agreement is attached as Exhibit 1.
3. The Agreement was negotiated between the parties in order to settle a service
territory between the parties, provide for stability of service with consumers, to eliminate
duplicating of services and to provide safety in the respective territories. The petitioners
believe the agreement is in the best interest of both entities and the customers of both
entities.
4. For the foregoing reasons and to fulfill the requirements of Idaho Code § 61-333
Riverside and Farmers request the Commission, after notice and hearing, approve the
Agreement pursuant to law.
APPLICATION RIVERSIDE/FARMERS -2
DATED this _day of _____ 2024.
APPLICATION RIVERSIDE/FARMERS -3
GOODMAN LAW OFFICE
By ______________ _
Alan Goodman
Attorney for Riverside Electric Company
717 ih Street
P.O. Box D
Rupert, Idaho 83350
GOODMAN LAW OFFICE
By ______________ _
Alan Goodman
Attorney for Farmers Electric Company
717 ih Street
P.O. Box D
Rupert, Idaho 83350
SERVICE AREA STABILIZATION AGREEMENT
AGREEMENT made this_ day of ____________ 2024, by and between
Riverside Electric Company, Limited of P.O. Box 12, Rupert, ID 83350 ("Riverside") and
Farmers Electric Company, LTD. of P.O. BOX 85, Heyburn, ID 83336, ("Farmers")
1. RECITALS:
1.1 Riverside and Farmers are electric non-profit corporations organized in
the State of Idaho and distributing electric energy to their respective patrons.
1.2 The service areas of Riverside and Farmers, in part, are adjacent and
contiguous to each other.
1.3 The parties have, in recent years, had an oral understanding relative
to the respective service areas, however, the parties believe it appropriate to reduce the
respective understandings to this written Agreement and to have the same approved by the
Idaho Public Utilities Commission pursuant to Idaho Code§ 61-333.
In consideration of the recitals, the covenants and conditions herein contained and by
statutory authority the parties agree:
2. TERRITORY DEFINED: Exhibit 1, attached to this Agreement and made a part
hereof by reference, defines the territories of the respective parties as the territories are
contiguous to each other. All of the area East of the solid red line identified on Exhibit 1 shall
be the Riverside territory and all territory west of the solid red line shall be Farmers territory.
Riverside shall serve all new customers in its defined area and Farmers shall serve all
customers in its defined area.
3. EXISTING CUSTOMERS: To the extent that either party is currently providing
service to customers within the service area assigned to the other party by this Agreement,
said parties shall continue to serve said customer. Riverside or Farmers shall not be required to
withdraw from the service area allocated to the other, but the right to continue to serve
SERVICE AREA STABILIZATION AGREEMENT RIVERSIDE/FARMERS-!
existing customers within the service area of the other party shall not be construed to
authorize extension of service to new customers within the service area allocated to Riverside
and Farmers by this Agreement.
4. CAPTIONS: The captions of the paragraphs of this Agreement are for
identification purposes only and the captions shall not be construed to define or limit the
express provisions of the respective paragraphs.
5. ATTORNEY FEES: The prevailing party in any action arising under this Agreement
shall be entitled to reasonable attorney fees and costs in addition to all other relief afforded by
the court.
6. OTHER CUSTOMERS: Nothing contained herein shall prohibit the parties
from entering into a written agreement to permit the service of a new customer by party
whose distribution system is located in the service area of the other, if the new customer can
be served more efficiently and safely from the existing service lines of the other party or by the
extension of existing service lines. Such agreement shall be in writing, authorized by the
respective governing board of each party, and when executed shall be appended to this
Agreement. The decision to enter into such agreement is in the absolute discretion of each
party and neither party shall have the right of action against the other for the exercise of such
discretion.
7. TERM: This Agreement shall remain in full force and effect so long as each of the
parties shall continue to operate as electric suppliers under their present form of ownership. In
the event either party should terminate operations as an electric supplier, the boundary lines
established by the respective service area shall remain in effect as to the successors in interest.
In the event either or both parties merge, consolidate, sell or otherwise become a different
entity this Agreement shall nevertheless remain in full force and effect as to the successor in
interest of the respective parties.
8. EFFECTIVE DATE: This Agreement shall be effective upon its execution
SERVICE AREA STABILIZATION AGREEMENT RIVERSIDE/FARMERS -2
by the respective parties and approval by the Idaho Public Utilities Commission. When so
executed and approved a copy shall be recorded in the office of the County Recorder, County
of Minidoka, State of Idaho.
9. ENTIRE AGREEMENT & MODIFICATION: This Agreement constitutes the entire
understanding of the respective parties. All prior negotiations and understandings are
deemed merged herein. This Agreement may only be modified in writing executed by the
authorized officers of the parties and approved by the Idaho Public Utilities Commission.
10. MEMBER TRADE AND EXISTING CUSTOMERS: Exhibit 2 attached contain certain
exceptions to the territories:
EXHIBIT 2 contains the name of patron{s) of Riverside and Farmers
that exist in the territory of the other party. The parties will use
good faith efforts to exchange the customers so that the named
customer{s) are in the defined territory of each party. Absent an
exchange the parties agree that the patrons may exist in the
territory of the other until such time as events allow for the trade.
IN WITNESS WHEREOF the parties have executed this Agreement the day and
year first above written.
Riverside Electric Company, Limited
By
Kenny Baily, Board President
Farmers Electric Company, Limited
By
Gary Buerkle, Board President
SERVICE AREA STABILIZATION AGREEMENT RIVERSIDE/FARMERS-3
STATE OF IDAHO
) ss
County of Minidoka )
On this __ day of ___________ _, in the year 2024, before
me, the undersigned, a Notary Public in and for said State, personally appeared Kenny Baily,
known or identified to me to be the President of Riverside Electric Company, Ltd., the
company that executed the instrument or the person who executed the instrument on behalf
of said company, and acknowledged to me that such company executed the same.
STATE OF IDAHO
) ss
County of Minidoka )
Notary Public for Idaho
Residing at __________ _
My Commission Expires: _____ _
On this __ day of ___________ __, in the year 2024, before
me, the undersigned, a Notary Public in and for said State, personally appeared Gary Buerkle,
known or identified to me to be the President of Farmers' Electric Company, Ltd., the
company that executed the instrument or the person who executed the instrument on behalf
of said company, and acknowledged to me that such company executed the same.
Notary Public for Idaho
Residing at __________ _
My Commission Expires: _____ _
SERVICE AREA STABILIZATION AGREEMENT RIVERSIDE/FARMERS -4
EXHIBIT 1 to Service Area Agreement -Riverside/Farmers
Legal descriptions, Property Identification Number (PIN), and current
owner(s) are from https ://maps.idahoparcels.us
SERVICE AREA STABILIZATION AGREEMENT RIVERSIDE/FARMERS-6
ffi
;,,
Riverside Electric & Far'mers Electric Service Area Agreement Trade
NAME, PIN: and LOCATION SERVICE METER# REMARKS
LEGAL DESCRIPTION
CLARK HARRY LIVING TRUST APPROX NONE NONE UN-IMPROVED
PIN:RPH00000111825 325 W 329 S PARCEL
S2NE4 LESS 12, 61, 674, 879, RR RUPERT, ID RIVERSIDE WILL
& HWY 11-10-23 SERVICE THE WEST
(50%) OF THIS
PARCEL
Farmers Electric to Riverside Electric
EXHIBIT 2 to Service Area Agreement -Riverside/Farmers