20240311Notice_of_Application_Order_No_36112.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36112 1
Office of the Secretary
Service Date
March 11, 2024
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION
OF RIVERSIDE ELECTRIC COMPANY,
LIMITED AND CITY OF RUPERT FOR AN
ORDER APPROVING A SERVICE
TERRITORY AGREEMENT BETWEEN THE
APPLICANTS
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CASE NO. C12-E-24-02

NOTICE OF APPLICATION

NOTICE OF MODIFIED
PROCEDURE

ORDER NO. 36112

On February 2, 2024, Riverside Electric Company, Limited (“Riverside”) and City of
Rupert (“Rupert”) filed an application with the Idaho Public Utilities Commission (“Commission”)
for approval of a Service Territory Agreement (“Agreement”) between Riverside and Rupert.
BACKGROUND
The ESSA prohibits an electric supplier (e.g., a utility, municipality, or co-op) from serving
another electric supplier’s existing or former customers. Idaho Code § 61-332B. Section 61-332(2)
provides that the purposes of the ESSA are to: (1) promote harmony between electric suppliers;
(2) prohibit the “pirating” of consumers; (3) discourage duplication of electric facilities; (4)
actively supervise the conduct of electric suppliers; and (5) stabilize service territories and
consumers. The ESSA enables electric utilities to allocate territories and customers if certain
conditions are satisfied. The ESSA allows electric suppliers to contract for the purpose of
“allocating territories, consumers, and future consumers . . . and designating which territories and
consumers are to be served by which contracting electric supplier.” Idaho Code § 61-333(1). Such
contracts must be submitted to the Commission for approval. Id. The Commission will approve
contracts reviewed under the ESSA if, after notice and opportunity for hearing, the Commission
finds that the agreement conforms with the purposes of the ESSA. See Idaho Code §§ 61-333(1)
and 61-334B(1).
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Parties represent that the Parties have for some
time had a territory agreement between them. Application at 2. The Parties state that such
agreement predates the amendment to Idaho Code § 61-333 that requires Commission approval of
territory agreements; therefore, the Parties seek Commission approval of a written memorialization

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36112 2
of the existing territory agreement. Id. The parties included a copy of the Agreement attached as
Exhibit 1 to the Application. Id.
YOU ARE FURTHER NOTIFIED that the Parties represent that 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. Id. The Parties state that they believe the agreement is in the best interest
of both entities and the customers of both entities. Id.
YOU ARE FURTHER NOTIFIED that the Application is available for public inspection
during regular business hours at the Commission’s office. The Application is also available on the
Commission’s website at www.puc.idaho.gov. Click on the “ELECTRIC” icon, select “Open
Cases,” and click on the case number as shown on the front of this document.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant
to the Commission’s jurisdiction under Title 61 of the Idaho Code, and that all proceedings in this
matter will be conducted pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000
et seq.
NOTICE OF MODIFIED PROCEDURE
YOU ARE HEREBY NOTIFIED that the Commission has determined that the public
interest may not require a formal hearing in this matter, and that it will proceed under Modified
Procedure pursuant to the Commission’s Rules of Procedure 201-204, IDAPA 31.01.01.201-.204.
The Commission notes that Modified Procedure and written comments have proven to be an
effective means for obtaining public input and participation.
YOU ARE FURTHER NOTIFIED that persons desiring to state a position on this
Application may file a written comment explaining why the person supports or opposes the
Application. Persons who would like a hearing must specifically request a hearing in their written
comments and explain why written comments alone are insufficient. Persons interested in filing
written comments must do so by April 24, 2024. Comments must be filed through the
Commission’s website or by e-mail unless computer access is unavailable. To comment
electronically, please access the Commission’s website at http://www.puc.idaho.gov/. Click the
“Case Comment Form” and complete the form using the case number as it appears on the front of
this document.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36112 3
To file by e-mail, persons must e-mail the comments to the Commission Secretary and all
parties at the e-mail addresses listed below. Persons submitting a comment by e-mail must provide
their name, address, and the Case Number under which they are commenting. Persons submitting
a comment by e-mail also acknowledge that submitting a comment in an open case constitutes a
public record under Idaho Code § 74-101(13), and all information provided by such person is
available for public and media inspection.
If computer access is unavailable, then comments may be mailed to the Commission and
the Parties at the addresses below. Persons submitting a comment by mail must provide their name,
address, and the Case Number under which they are commenting. Persons submitting a comment
by mail also acknowledge that submitting a comment in an open case constitutes a public record
under Idaho Code § 74-101(13), and all information provided by such person is available for public
and media inspection.
For the Idaho Public Utilities
Commission:

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
[e-mail]

Street Address for Express Mail:

11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, ID 83714

For Riverside:

Alan Goodman
717 7th Street
P.O. Box D
Rupert, ID 83350

For Rupert:

Lance D. Stevenson
715 6th Street
Rupert, ID 83350
YOU ARE FURTHER NOTIFIED that the Parties must file any reply comments by May
8, 2024.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received
within the time limit set, the Commission will consider this matter on its merits and enter its final
order without a formal hearing. If written comments are received within the time limit set, the
Commission will consider them and, in its discretion, may set the same for formal hearing.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36112 4
ORDER
IT IS HEREBY ORDERED that the Application be processed by Modified Procedure,
Rules 201-204 (IDAPA 31.01.01.201-.204). Persons interested in filing written comments must
do so by April 24, 2024. The Parties must file any reply comments by May 8, 2024.
IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April 21,
2022. Generally, all pleadings should be filed with the Commission electronically and will be
deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service between
parties should continue to be accomplished electronically when possible. However, voluminous
discovery-related documents may be filed and served on CD-ROM or a USB flash drive.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 11th day of
March 2024.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN R. HAMMOND JR., COMMISSIONER

__________________________________________
EDWARD LODGE, COMMISSIONER

ATTEST:

Monica Barrios-Sanchez
Commission Secretary
I:\Legal\ELECTRIC\C12-E-24-02\orders\C12E2402_Ntc_App_Mod_cb.docx