20230223ComplaintLetter.pdf

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ATTORNEYS ÂT LA\v
rich¿rdsonadams.com
Tel: [phone] Faxt 208-938-7904
P.O. Box 7218 Boise, lD 83707 - 515 N. 27th St. Boise, lD 8t7O2
February 23,2023
Jan Noriyuki
Secretary, Idaho Public Utilities Commission
Via: email only ian.noriyuki@,puc.idaho. gov
Re: United Electric Co-op vs. the City of Burley - Formal Complaint
Dear Ms. Noriyuki:
Enclosed, via electronic mail only, you will find a formal complaint by United Electric
Co-op, Inc. against the City of Burley, Idaho. Please feel free to give me a call if have
any questions. The Burley City's attorney's office has been notified of the pendency of
this complaint and a copy has been emailed to Mr. Patl Zeil, the City's counsel on
matters relating to United Electric at [e-mail].
Sincerely yours;
/ss/
Peter J. Richardson
Id. Bar #3195
Or. Bar # 06668
Enc: Complaint, United Electric Co-op, Inc. v. City of Burley
RECEIVED
2023 February 23, 3:50PM
IDAHO PUBLIC
UTILITIES COMMISSION
CASE NO. C15-E-23-01
Peter J. Richardson ISB #3195
RICHARDSON ADAMS, PLLC
515 N. 27th St.
Boise, tdaho 83702
(208) e38-7e01 (dd)
[phone] (fax)
peter@richardsonadams. com
BEFORE THE
IDAHO PUBLIC UTILITIES
COMMISSION
UNITED ELECTRIC CO-OP, INC.,
Complainant,
THE CITY OF BURLEY,
IDAHO,
Docket No.
I.INITED ELECTRIC CO-OP INC.'S
FORMAL COMPLATNT FOR VIOLATION
OF CONTRACT ENTERED INTO
PURSUANT TO THE IDAHO ELECTRIC
STABILIZATION ACT
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Respondent.
COMES NOW, the Complainant, United Electric Co-op, Inc.r by and through its
attorney, Peter J. Richardson of the firm Richardson Adams, PLLC, and pursuant to Rule 54 of
the Idaho Public Utilities Commission's2 Rules of Procedure and files this Complaint. United
alleges herein that the City of Burley, Idaho3 has violated a series of agreements related to the
I Herein "United Electric" or "United."
2 Herein the "Commission" or the'oIPUC,"
3 Herein the "City" or "Burley."
UNITED ELECTRIC CO-OP INC.'s FORMAL COMPLAINT FOR VIOLATION OF
CONTRACT ENTERED INTO PURSUANT TO THE IDAHO ELECTRIC STABILIZATION
ACT
1
allocation of the respective electric service territory as well as customers by and between the
City and United that were entered into pursuant to the ldaho Electric Stabilization Acta and that
have been approved by order of the Commission.s
Communications regarding this Formal Complaint should be sent to:
LINITED ELECTRIC CO-OP, tNC
c/o Peter J. Richardson
Richardson Adams, PLLC
515 N. 27th St.
Boise,Idaho 83702
[phone] (direct dial)
[phone] (fax)
peter@richardsonadams. com
Copies of all pleadings, production requests, production responses, Commission orders
and other documents should also be provided to
UNITED ELECTRIC CO-OP, INC
c/o Michael Darrington, Manager
1330 21't Street
Heyburn, Idaho 83336
[phone]
[phone] (fax)
[e-mail]
I
FACTUAL ALLEGATIONS
A. Background - The Service Territory Agreements
1. United Electric Co-op, Inc. is a nonprofit cooperative corporation duly formed
and in good standing under the laws of the State of ldaho.
4 ldaho Code $$ 6l-332 through 334C. Refened to herein as the "ESSA."
5 The cited agreements are described in more detail, infra, and are collectively referred to herein as the "service
Territory Agreements."
UNITED ELECTRIC CO-OP INC.'s FORMAL COMPLAINT FOR VIOLATION OF
CONTRACT ENTERED INTO PURSUANT TO THE IDAHO ELECTRIC STABILIZATION
ACT
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2. The City of Burley is a municipal corporation duly formed and in good standing
under the laws of the State of ldaho.
3. On May 21, 1985,6 the City of Burley and United's predecessor entity, Unity
Light and PowerT, entered into a "Territory Service Agreement" delineating their respective
electric service territories (referred to herein as the "1985 Territory Service Agreement").8
4. In the 1985 Territory Service Agreement, United and the City agreed that a
"territorial agreement is in the best interest of potential customers, future planning, efficiency
and economy of service."e
5. On November 19, 1996, the City of Burley and United's predecessor entity, Rural
Electric Company, entered into a Service Area Stabilization Agreement to "define their
respective rights and responsibilities with respect to service of customers in the north Burley
area." A copy of the November 19,1996, agreement is attached hereto as Exhibit No. 2.
6. In February 2001, the Idaho Legislature amended Section 6l-333 of Electric
Supplier Stabilization Act ("ESSA") to require, for the first time, all contracts "allocating
territories, consumers, and future consumers...and [all contracts] designating which territories
and consumers are to be served by which contracting electric supplier" to be "filed with the
commission ... fwhich] shall ... review and approve or reject contracts between municipalities
and cooperatives." A copy of Chapter 29,2001(H.8.142) of the Idaho Session Laws is attached
6 Prior to 200 l, the ESSA did not require service territory agreements among electric suppliers to be approved by the
Commission. ln 200 l, the legislature amended the ESSA to require all service tenitory agreements among electric
suppliers to be approved by the Commission. See Id. Sess. Laws C.29,2001.
7 Unity Power and Light is predecessor in interest to United Electric Co-op.
8 The 1985 Territory Service Agreement is attached hereto as Exhibit No. 1
' Id. atll.4.
LINITED ELECTRIC CO-OP INC.'s FORMAL COMPLAINT FOR VIOLATION OF
CONTRACT ENTERED INTO PURSUANT TO THE IDAHO ELECTRIC STABILIZATION
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for the Commission's convenience, as Exhibit No. 3.
7 . On May 6,2003, the City of Burley and United Electric Co-op, Inc. (the successor
in interest to both Rural Electric Company and Unity Light and Power) amended theMay 21,
1985, Service Territory Agreement between the City of Burley and Unity Power and Light by
further delineating their respective service territories and further specifically identifuing existing
'grandfathered' customers of United that are within the City's otherwise exclusive service
territory. A copy of the May 6, Service Territory Agreement amendment is attached hereto as
Exhibit No. 4.
8. On June 20,2003, United Electric Co-op, Inc. and the City of Burley filed a joint
Application with this Commission seeking "approval of the Commission of the existing Tenitory
Agreements and Amendments thereto." A copy of the June 20, 2003, Application is attached
hereto as Exhibit No. 5. The Commission assigned the Application Docket No. GNR-E-03-03.
9. On October 15, 2003, the Commission issued Order No. 29355 in Docket No.
GNR-E-03-3 in which it ordered:
that the Application filed by United Electric Co-op and the City of Burley to approve
their "Territory Service Agreement" dated }l4ay 21,1985, and two subsequent
"amendments" dated November 19,1996, and May 6,2003, respectively, are approved as
conditioned above."Io
The "condition above" referenced by the Commission in its ordering paragraph is explained in
the body of the order as follows:
Staff also made one other comment that merits discussion. The Staff observed that
paragraph 13 of the 1996 amendment provides that the prevailing party in any legal
action is entitled to recover reasonable legal fees. As Staff noted, the 2000 and 2001
ro Order No. 29355 at p. 5
UNITED ELECTRIC CO-OP INC.'s FORMAL COMPLAINT FOR VIOLATION OF
CONTRACT ENTERE,D INTO PURSUANT TO THE IDAHO ELECTRIC STABILIZATION
ACT
4
amendments to the ESSA remove resolution of ESSA disputes from the district courts
and authorize the Commission to resolve these disputes. See Idaho Code $ 61-334A.
Without reforming the contract, we note that the Commission does not have authority to
award attorney fees other than as provided by ldaho Code $ 61-61 74.I I
10. The three service territory agreements that were entered into between the City of
Burley and United and that were approved by the Commission in Order No. 29355 have been
previously provided herein at Exhibit Nos. I ,2 and 4, respectively. They are collectively
referred to herein as the "Service Territory Agreements."
B. Suntado Proposes a New Facility Located in United's Service Territory but Within
the formal limits of the City of Burley
1 l. In the Fall of last year, (2022), United learned that Suntado, LLC, is in the process
of developing a large milk processing facility on a tract of land that is wholly in United's service
territory.
12. The proposed Suntado facility would occupy a tract that is identified by the circle
on the attached map labeled as Exhibit No. 6.
13. Exhibit 6, in addition to showing the location of the proposed new Suntado
facility, also shows the boundary between the City of Burley's service territory and United
Electric's service territory. As is apparent from Exhibit 6, although the Suntado site abuts on
two sides the boundary dividing the City and United's respective service territories, it is entirely
within the boundaries of United's exclusive service territory.
14. There is also a house, the address of which is 1210 W. l6th Ave, Burley, located
rr Order No. 29355 at p. 4. The referenced ldaho Code section (6 l-6174) deals with intervenor funding involving
commission proceedings with regulated utilities - which is not applicable to either United or the City. United is not
seeking an award of attorney's fees from the Commission in this Complaint case.
UNITED ELECTRIC CO-OP INC.'s FORMAL COMPLAINT FOR VIOLATION OF
CONTRACT ENTERED INTO PURSUANT TO THE IDAHO ELECTRIC STABILIZATION
ACT
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on the southeast corner ofthe tract.
15. The house at 1210 W. l6th Ave., Burley, is currently being served by United
Electric.
16. The house at l2l0 W. l6th Ave, Burley, Idaho is being used as the physical
business address of Suntado. See Exhibit No. 7 for a copy of Suntado's annual report to the
Idaho Secretary of State indicating that Suntado's physical address is 1210 V/. 16th Ave, Burley,
Idaho.
17. The location of the Suntado proposed processing plant on the site in question may
be generally described as being bounded by l6th Street on the south, the railroad on the east and
roughly by V/ashington Street on the west. The northern and eastern boundaries of the lot are
conterminous with the existing boundary separating United's service territory from the City's
service territory. It is located at approximately the 1200 through 1600 blocks on the north side of
16th Street and west of the railroad right-of-way in the City of Burley.
18. The site in question is wholly located within the Commission approved service
territory of United Electric Co-op, Inc.
C United Has Used Its Best Bfforts to Resolve Burley's Threatened Encroachment
Into its Service Territory
19. In the autumn of 2022 United learned that the City had begun the process of
physically extending facilities on the site for the purpose of providing electric service to
Suntado's proposed new facility.
20. In that same timeframe, United informed Burley and Suntando that Commission
Order No. 29355 requires that the parties enter into an agreement that would allow Burley to
UNITED ELECTRIC CO-OP INC.'s FORMAL COMPLAINT FOR VIOLATION OF
CONTRACT ENTERED INTO PURSUANT TO THE IDAHO ELECTRIC STABILIZATION
ACT
6
provide electric service to Suntado, which is located in United's service territory.
2l. Order No. 29355 and the ESSA require that a customer allocation agreement must
be submitted to the Commission for its review and approval or rejection.
22. On November 2,2022, United tendered to the City the November 2022, Proposed
Agreement to the Burley/United Service Territory Agreements that would have allowed Burley
to serve this new customer (that is located in United's service territory). The November 2022,
Proposed Agreement explicitly provided that it did not set precedent for future encroachments by
the City into United's service territory. A copy of the November 2022, Proposed Agreement
that was tendered by United to the City is attached hereto as Exhibit No. 8. The November 2022,
Proposed Agreement, by its own terms and by operation of the ESSA, would only have become
effective upon the Commission's approval.
23. The November 2,2022,1etter transmitting the November 2022, Proposed
Agreement provided that once the November 2022, Proposed Agreement to the Burley/United
Service Territory Agreements was executed, that United would file the same with the Idaho PUC
for its approval. See Exhibit No. 9.
24. By early December 2022, the City had not responded to United's November 2,
2022,letter and offer to enter into the November 2022 Proposed Agreement.
25. By early December 2022, it had become apparent to United that the City was in
the process of making physical extensions of its electric distribution system for the purpose of
providing electric service to the Suntado site.
26. In response to the City's line extension activities, in a December 5,2022,letter
UNITED ELECTRIC CO-OP INC.'s FORMAL COMPLAINT FOR VIOLATION OF
CONTRACT ENTERED INTO PURSUANT TO THE IDAHO ELECTRIC STABILIZATION
ACT
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United reiterated its offer to allow the City to serve this new customer, conditioned only upon the
City's execution of the November 2022, Proposed Agreement (Exhibit 8) that was tendered by
the November 2,2022,letter (Exhibit 9). A copy of the December 5,2022,letter reiterating
United's offer is attached hereto to as Exhibit No. 10.
D.United's Efforts To Resolve The Service Territory Encroachment By The City Have
Been Rebuffed
27. Although, the City has not directly responded to United's letters or tender offer of
the November 2022, Proposed Agreement (Exhibit 8) Burley City Council minutes and live-
stream videos indicate that the City has affirmatively decided to reject United's offers.
28. Attached hereto as Exhibit No. 1 I are the minutes from the January 17,2023,
Regular Burley City Council Meeting that took place at the Burley City Hall. 12
29. Under "Action Item No. 5" on the City's January 17,2023, agenda is the heading
"Letter to the Idaho PUC."
30. The Burley City Council minutes from January 11,2023, (on page 4 of Exhibit
No. 11) provide:
It was explained that the Electric Department is trying to fix an agreement with United
Electric to expand services to the citizens in a safe manner. It was explained that the city
is working with a legal firm from Idaho Falls to work on this project. The attorneys have
come up with a letter to send to the Idaho PUC. The letter will be given to City Council
so that they can review it before it goes to the Public Utilities Commission. The hope is
that the Public Utilities Commission will cancel the asreement that is in place now from
1986 so that the city can renegotiate the agreement to help the city grow. [Emphasis
provided.l
r2 The entire meeting is available to live stream on line at: https://burleyidaho.org/AgendaCenter/City-Council-2
UNITED ELECTRIC CO-OP INC.'s FORMAL COMPLAINT FOR VIOLATION OF
CONTRACT ENTERED INTO PURSUANT TO THE IDAHO ELECTRIC STABILIZATION
ACT
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31. The City of Burley did not address, and has not responded to, United's offer to
enter into the November 2022, Proposed Agreement. The City is, however, in the process of
drafting a letter (petition?) asking the Commission to "cancel the agreement that is now in place
from 1986."13
32. Attached as Exhibit No. 12 is a map of the proposed Suntado facility site
indicating the location of the City's newly constructed line extension onto the Suntado site that is
within the boundaries of United Electric Coop's exclusive service territory.
33. Also on Exhibit 12 is a photograph of the City's newly constructed line extension
onto the Suntado Site.
II
JURISDICTION
34. The Commission has jurisdiction over this matter. The Electric Supplier
Stabilization Act provides the Commission with continuing jurisdiction over enforcement of not
only the specific provisions of the ESSA but also of those individual Service Territory
Agreements entered into pursuant to the ESSA.
Idaho Code Section 61-3344 (as amended in 2001)'a provides:
(1) Any electric supplier or consumer whose rights under this act shall be violated or
threatened with violation may file a complaint with the commission against an electric
supplier and any other person responsible for the violation.
(2) After notice an opportunity for hearing, the commission shall make findings of fact
and conclusions of law determining whether this act or any orders issued under this act
have been violated or threatened to be violated and shall determine whether there is
actual or threatened irreparable injuries to the electric supplier or consumer whose rights
t3 [d. See Exhibit No. I I at page 4, under the paragraph heading, "Letter to Idaho PUC."
14 The 200 I amendments to the ESSA removed the district courts from having jurisdiction over violations of the
ESSA and instead, vested that jurisdiction with the Commission.
UNITED ELECTRIC CO-OP INC.'s FORMAL COMPLAINT FOR VIOLATION OF
CONTRACT ENTERED INTO PURSUANT TO THE IDAHO ELECTRIC STABILIZATION
ACT
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are violated or threatened with violation as a basis for granting relief.
(3) The relief to be granted under this section for violation of this act shall forbid further
acts in violation of such orders, shall order the removal of any electric connections,
facilities or equipment that constitute the violation, or a combination thereof necessary to
enforce compliance with this act.
Furthermore, Idaho Code $ 61-333 provides that electric suppliers may, by contract, allocate
service territories and customers among themselves and that such contracts are binding and
legally enforceable pursuant to the terms of the ESSA:
(1) Any electric supplier may contract in writing with any other electric supplier for the
purpose of allocating territories, consumers, and future consumers between the electric
suppliers and designating which territories and consumers are to be served by which
contracting electric supplier. ... All such contracts shall be filed with the commission.
... The commission shall, after notice and opportunity for hearing, review and approve or
reject contracts between municipalities and cooperatives...
(2) Any electric supplier may also contract in writing with any other electric supplier for
the sale, exchange, transfer, or lease of equipment or facilities located within territory
which is the subject of any allocation contracted for under subsection (1) of this section
and any contract validly entered into and approved by the commission after notice and
opportunity for hearing shall be binding and shall be legally enforceable pursuant to this
act, or by any other remedy provided by law.
35. The service territory agreements at issue in this matter were approved by the
Commission on October 15, 2003, by Order No. 29355 in Docket No. GNR-E-03-3.
36. On page 5 of Order No. 29355 the Commission noted that should the parties
choose to substitute one supplier for another pursuant to the provision of the agreements
providing for such an eventuality, that such amendment "shall be submitted to the Commission
for its review."
37. The City's actions in extending service to the Suntado site violate the Service
Territory Agreements, violate the ESSA and violate Order No. 29355.
UNITED ELECTRIC CO-OP INC.'s FORMAL COMPLAINT FOR VIOLATION OF
CONTRACT ENTERED INTO PURSUANT TO THE IDAHO ELECTRIC STABILIZATION
ACT
t0
III
COUNT ONE
38. United Electric realleges and hereby incorporates by reference all of the foregoing
as if fully stated herein.
39. The City of Burley has breached the Service Tenitory Agreements by having
commenced to bring electric service to the Suntado facility located within the exclusive service
territory belonging to United Electric Co-op, Inc.
COUNT TWO
40. United Electric realleges and hereby incorporates by reference all of the foregoing
as if fully stated herein.
41. The City of Burley has violated the Electric Supplier Stabilization Act by having
commenced to bring electric service to the Suntado facility located withing the exclusive service
territory belonging to United Electric Co-op, Inc.
COUNT THREE
42. United Electric realleges and hereby incorporates by reference all of the foregoing
as if fully stated herein.
43. The City of Burley has violated Commission Order No. 29355 by failing to honor
the Service Tenitory Agreements approved by the Commission in that Order.
WHEREFORE, United Electric Co-op, Inc. respectively requests that the Commission
award the following relief:
1. Entry of an order forbidding the City from engaging in further acts in violation of
LINITED ELECTRIC CO-OP INC.'s FORMAL COMPLAINT FOR VIOLATION OF
CONTRACT ENTERED INTO PURSUANT TO THE IDAHO ELECTRIC STABILIZATION
ACT
ll
the Service Territory Agreements that have been approved by order of the Commission.
2. Entry of an order prohibiting the City from providing electric service to the
Suntado site.
3. Entry of an order requiring the City to remove all electrical connections, facilities
and/or equipment installed to serve the Suntado site.
3. Any further relief to which United Electric may be entitled.
DATED this 23'd day of February 2023.
RICHARSON ADAMS, PLLC
rsB # 3195
UNITED ELECTRIC CO-OP INC.'s FORMAL COMPLAINT FOR VIOLATION OF
CONTRACT ENTERED INTO PURSUANT TO THE IDAHO ELECTRIC STABILIZATION
ACT
t2
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BEFORE THE
IDAHO PUBLIC UTILITIES
COMMISSTON
UNITED ELECTRIC CO-OP, INC.,
Complainant,
THE CITY OF BURLEY, IDAHO,
Respondent.
Docket No.
UNITED ELECTRIC CO-OP INC.'s
FORMAL COMPLAINT FOR VIOLATION
OF CONTRACT ENTERED INTO
PURSUANT TO THE IDAHO ELECTRIC
STABILIZATION ACT
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UNITED ELECTRIC CO-OP'S
EXHIBIT NO. I
li4ay 21,1985, Tenitory Service Agreement between the City of Burley and Unity Light and
Power Company.
TER.RI?ORY SERVICE AGR¡EMENT
, lgg5,
Tbetween THE cITy O[' BURLEy, IDAliO, (',Burlêy,,), arrdl ufllfy LïGHT ANÐ
POWSR COMptu\y, a corporation, (,'Unity"¡ .
I. RECITA¡Si.The parties recite and d.eclare:
1.I. Unity and Burley each oç¡n and. operaÈe an
electricar distribution lystem in cassia.county, rdaho. The
utitit'ies are generally contiguous and, adjacenÈ on the SouÈh, East
and west boundaries of Burley except that there are certain
existing customers of unity located within the corporate limits of
Burley (,,Existing customers',) .
L.2- Neicher Burley nor unity are regur.t.d by the
rd'aho Public utilities Commission nor are there any other r=grrlato.y
agencies thaè regulate service territory of the respective utilities,
however, rdaho code 6l-333 authorizes territ.orial agreements
between utilities.
t.3. It is the o¡rinion of Burley and Unity acÈing
through the city council and Board of Directors that, the laws
applicable to Èerritory jurisiiction are unclear and ambiguous and
as such Unity and Burley deslre to enter into an agireemene re!a-
t.ive to service territory as the same is applicable to their
com.mon territorial boundaries, as authorized by Idaho Code 6l-333.
1.4. Burley and Unity further believe that a terri-
torial agreement, is in the best interest of potenÈ.j.aI customers,
fuÈure planning, ef¡icienclr, and economy of service
NOW, IHERIFORE, in consiCeration of Èhe Recltals, the
covenants, condiÈions, the agree:nents herein concained, the
auchorization of the law (Id.aho Code 6t-333), the benefirs to be
Exhibit 1
to Application - UnitedlCity of Burley
South Side
cerived by eacrr of the utir-icies unity and Burrey agree:
2-TERRTTORY MAP:Attached to this agreemäne asExhibit I is a map outlining the territories in which each utilityshar.lr with the exception of the Existing cusÈomers, in the futureserve- The territories are illustrated on the map as forl0ws:
2.L. Burley Territory : : - r:"-':'!.::" i.
Within heavy black 1ines on ExhÍbit 1
2.2 Unity Territory..
Outside of heauy black lines on ExhibiÈ t.
3 MODIFICÀfrON AND ENTIRE ÀGREEMENT:This agreemenÈ
constitut.es the entire und,erstanding
prior negotiations are deemed. meiged,
only be modified in writing execut,ed
officials of Burley and, the officers
fication be executeC, Èhis agreenent
and effect.
of UniÈ,y and Burley and. all
herein. Thj.s agreement may
by the duty authorized,
of Unièy. UnÈiI any rnodi-
shall re¡nain in full force
4. TTNTTY TERRTÎORY:Unity shall be enÈiÈIed.-to serve
all cusèomers and future customers within the area illustraÈed. on
the map as the unity Territory, and Existing customers within
Burley as proviCed, in paragraph 6.
5 BURLEY TERRIÎ ORY:With t.he exception of Exiscing
customers, Burley shall be enÈiÈred, to serve arr current and
future cusiomers within the territory d,esignaÈed, as the Burrey
TerriÈory on Èhe map.
6.EXTSTTNG CUSTOI"ÍERS Às illustrated on Èhe ExhibiÈ 2 &2A
aÈtached to this agreement there are certain Existing cust,omers of
Unity within Burley. unity may maintain t,hese Customers for scr
long as it desires and, the same shall be considered exceptions t,o
this Territq 7 A,greement.
their relaLionship as the
by Unity to the Customer,
become part of Èhe Burley
accordingly.
If the CustorìrÉFS and, Unity terminate
saÍne now exists with electrical service
then in such event the Customer shall
Territory and serve electrical energy
to execute
7 . ÀUTTIORITY:This agreement has been executed by
Burley a.nd uniÈy Pursuant to actions of t,he city council and, the
Board of Directors at, meetings d,uly held.The officers of UnÍty
and the officiars of Burrey have been d,uly authorized
èhis agree-nent.
8, RECORÐrNG À copy of this agreement,shall be
recorded in the office of the County Recorder, County of Cassia,
Sbale of fdaho.
9. SERVTCE OF EÀCH T]TILITY:NotwiÈhsÈand,ing the
provisions of this agrreement and any Èerritories of.each utirity
defined herein, the parties agree èhat should. either or both of
the utitities have'buird'ings or other facirities requíring electric
service in the territory of the other that nevertheress each
utility shall be ent,itred to serve ít.s own buird,ings and orher
facilities rocated within the territory of each other. This
provision shalr apply to noÈ only the existing erectrical service
buÈ to any future electrical service to any building or faciliey
owned, by thar, parricular utiliÈy.
10,ANNEXÀTTON:In the evenÈ that, Burley should annex
lands to its corporate limits ÈhaÈ are in the unity Èerritory
nevertheress the annexat,ion shall be subj ect Èo the continued,
service by unity of any existing or future cu,stomers wiehin the'
annexed area to Burley.
11.TERRTTORT AL LfNE: fhe territorial lines onExhibit 1 are absolute and, that is, either Burley or Unity shallbe enÈitred to any customer, except Existing customers and each ofthe facirities or buird,ings of each uÈility, on either side of :
the territorial line, Àny footage limitations seÈ forrh in any
existing or fut,ure staÈutes .sharr not be appricabre t,o the res_
pecÈive 'terrièories an. .tha¿ is, each ut,ility sharl be abre to
serve up to the line separaÈing the areas of the two uÈilities.
'l)À,REA lrODIrr CATION:No mcldification of the defined,
territories of unity and, Burrey sharl be effective unt,ir a modifi-
cation of this agreemenÈ has been signed. pursuant to paragraph 3
and, a map illustrating the altered, territory, if any, be record.ed
in the office of the county Recorcer of the county of cassia,
state of rdaho- This Paragraph shalr not be construed as irnplying
that there wirl be any subsequent al-teration of the territory but
in the event "it"t *=tances arise thaÈ there shalr be.an alterat.ion
of terriÈories then this provision sharl govern relative èo how
'and in r+hat manner the territory is modified
IN WITNESS WHEREOF, this agreemenÈ has been executed Èhe
day and year first above writ,t.en.
cïT B
!1a
ATTE
cy Ierk
UNITY LIGT1I ANÐ POWER COMPANY
ATlEST:
Êl-FÕF iÉ
BY
oq en
ST.ATE CIf IDAHO
County of Cassia
On thisbefore me; the und
3ldraN
&l u^v
eréigned b^'of, a Not,ary Ín the year of 1985,
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On this day of in. the year of I9B5 bef orerR€¡ the undersigne otary Publi n and for said State ,personally appeared CHUCK SHADDUCK and E. E. BRTNEGÀR known oridentifiedto ¡ne to be' the Mayor and, City Clerk of CITY OP BURLEY,the Munici pal corporation that executed the i.nstrumenl or Èheperson who executed the instrument on behalf of said City ofBurley, and acknowl edged t o me that such Cityof ley executed.the sa¡ne.
tary c or fdahoResidj-ng a
STATE OF IÐA.HO
ee
County of Cassia
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personally appeared RONALD OSTERJ{OT]T
and. for said Sr.até,
FR-ElllfILLER, knownor identified to me to be the PresidenÈ and Sec retary of IINITYLIGHÎ å.ND POWE RS COMPAI.II, the corporation thaÈ executed, theinstru¡¡ìent or the person who execuÈed, the instrumenÈ on behalf ofsaid corporati orlr and acknowledg to me tha uch corporationexecuÈed the sa¡ne.
Notary I I orfResiding at,
ÞuErïc in/and, GARTH
Ir{
My Commlirloll
SEAL
OF IOAHO
.WTLLIAM A. PARSONS
¡¡OTARY PIJBUC STAfE OF IOAHO
SEAt
PSINCIPAL OFFICE INcAsstA
Mv Commirslon
PaEe Territory Service AgreernenÈ
BEFORE THE
IDAHO PUBLIC UTILITIES
COMMISSION
LINITED ELECTRIC CO-OP, INC.,
Complainant,
V.
THE CITY OF BURLEY, IDAHO,
Respondent.
Docket No
UNITED ELECTRIC CO-OP INC.'S
FORMAL COMPLAINT FOR VIOLATION
OF CONTRACT ENTERED INTO
PURSUANT TO THE IDAHO ELECTRIC
STABILIZATION ACT
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UNITED ELECTRIC CO-OP'S
EXHIBTT NO. 2
November 19,1996, Service Area Stabilization Agreement between the City of Burley and Rural
Electric Company.
SER\rTCE ÀREê, SEåBqLÏZÀÎION AGREEUSIIT
THIS ÀGREEMENT entered tn" / fyOu" of November,
1996, by and between THE CITY Of aUnl,nY, a muni.cipal
corporatlon of the State of fdaho, hereinaft,er referred to as
"CiLy", and RURÀL ELECTRIC COMPA¡II, a non-Profit cooperativecorpóration of the State of Idaho, herei.nafter known as
" Rural " ,
}ILTNESSETH:
WIÍEREAS, each party ottns and operates an electrÍcaL
distribut,ion system whiCh serr¡es cusÈomérs in and around the
portion of the lncorporated area of the City of Burley whichÍs located north of the Snake River in l{inidoka County, Idaho'
and
tÍHEREÀS, the parties previously entered a se:¡rice
À¡ea Agreenent on the 6th day of June, 1988r to resolve
certairi se:¡rice territory issues pursuant to t,he Idaho
Electric Supplier Stabilization Act, and
did not, fully and
between the Partiesse:¡rice area in the
WHEREAS, the 1988 agreement
finally resolve all of Èhe issuesregarding allocation of customers andnorth Burley area, and
WHEREÀS, it is in the best interests of the parties
and the pubtic that, the parties further define their
respective rights and responsitilities with respect,to se:n¡iceof customers in the north Burley area to avoid disputes
between the partÍes regardlng extension of serr¡Íce t'o ne\f
custo¡ners and to reduce pot.ential safety hazards and costly
duplication of lines and facilities,
TT IS !4UTUÀLLY ÀGREED AS FOI..LOWS:
1. Exhibit À. which is attached hereto and
incorporated herein by reference, is adopted by the parties to
graphically illustrate t.he allocation of service areas between
the partieÈ to this agreement. The City shall serve all new
customers in the ateas identified as Parcels l, 2 and 3.
Rural will serve all new customers in the areas identified as
Parcels 4 | 5 and 6 and at} of the area north of the south
right of way of the Interst,at,e Highway. For purposes of this
agreement a "new customer" is one who requests electricse:¡¡ice for a facility which has not previously received
service area stabilization agreement
PAGE 1:u:al\ stab. agr\brb
EXHIBIT 2
(To Application' United/City of Burle
North Side
serî\¡ice. À customer who replaces another customer who waspreviously receiving electric service at the same locationshall be served by t,he utility which se:rred the prior customerat t,hat location. From and after the date of execut,ion oft,his agreement, neither party shall extend its lines or offer
ser:rrice to any customer who requests elect,rical energ:y sen¡icein the t,erritory allocated to the other party r¿it,hout r¿-ritt^en
consent of t,he other party.
2. The parcels to be served by the City of Burleyare more particularly described as follows:
P.Êrcel 1: Beginning at the Snake River and the Cityof Heyburn's western city li:nits; thence north toEast 5th Street, North; thence west, 300 feet to theexist,ing Burley city limits; t,hence sout,h 250 feetto the south properÈy (solid cinder block fence)line of the unplatted lots fronting East 5th SÈreet,North; thence west 11016 feet to t,he east propertylÍne of J & L Electric; thence nort,h 250 feet, toEast 5th Street. North; thence west 912 feet to theeast side of North ÀIbion Avenue; thence southalong t,he east, side of Nort,h Albion Àvenue to thenorth boundary of Volco, Inc., and continuing southto the Snake River, which is the south boundary ofParcel 1; thence east along the river to the Pointof Beginning.
P-ercel 2: Beginning on East 5th Street North at thesouthwest, corner of Century Cinema parking lot,which is 923 feet west of the existing Heyburn Cityli¡nits; thence north along the west side of theparkÍng lot, for 315 feet to an irrigation dit.chwhich parallels the north side of the parking lot;thence east alorrg the irrigation ditch for f82feet; thence north along the irrigation ditchapproximately 603 feet to the south property lineof the Lavon Hansen property; thence west. along the
Hansen property line and Rural pole line easementfor L92 feet to liinidoka Avenue; thencenortheasterly along Minidoka Àvenue to Inte¡lst,at,e
Highway 84 (I-8a); thence $¡est, along the sout,h sideof I-84 to Minidoka lrrigation District (MID) DrainD14; thence south 767 feet along the east side ofthe D-14 Drain; thence west 90 feet across t,he D14Drain to the east side of the B-4 Canal; thencesouthwesterly along the east side of t,he B-4 Canalto T{est 5th Street North; thence east, along }lest5th St,reeÈ North across Highway 27 (Overland
service area stabilization agreement
FAGE 2rural\st,atr. agr\Urn
Avenue) along the north side of East sth Street
North to the southvtest' corner of Century Cinema
parking lot, which is the Point of Beginning.
Parcel 3: Beginning at the Snake River on the east
side of !{ID brain bf ¿; thence northeasterly along
the east side of MID Drain D14 to the north side of
V¡est 2nd Street North; thence west, t,o North Miller
Àvenue; thence north along the east sÍde of North
Miller Avenue to the south side of West Sth Street'North; t,hence east to State Highway 27 i thence
south along the west side of Highway 27 to -theSnake Rivei; thence sout,hwesterly along the river
to the Point of Beginning.
The city shall not serve customers north of the
south right of way of the Interstate Highway.
The parcels to be serr¡ed by Rural ElectrÍc Company
are described as follows:
Parcel 4: Beginning at the intersection of l{est 5t,h
Ñorth and Nolth uiller Àvenue; thence south along
the lfrest side of North ltiller Avenue t'o lÍest 2nd'
Street North; thence east along the south side of
2nd street' North to the east boundarT of ÈfrD Drain
D14; thence south¡øesterly along the east side of
llID Drain D14 to the Snake River; thence westerly
along the Snake River to approxi:nately 1000 lfest
road where Rural adJoins Idaho Power Company;
thence north along the section line (1000 Wes!') to
I-84; thence east t,o lfID Drain D14 (City linits);
thence south along the r¿est side of the MID D-14
drain fo¡i 76? feet; thence west 90 feet to the west'
side of the B-4 Canal; thence southwesterly along
t,he B-4 Canal Èo Yfest 5th Street North; thence east
along the south side of West 5th Street North to
the Point of Beginning.
Parcel 5.: Beginning at East 5th Street North whereit int,ersects with North Albion Avenue; thence
south along the west, sÍde of North Albion Àvenue tothe north boundary of Volco, Inc.; thence south tothe north boundary of Volcor Inc. and continuingsouth to the Snake River; thence southwesterlyalong the Snake River to Overland Avenue¡ thence
north along the east side of Overland Àvenue (State
Highway 271 to East sth Street North; thence east
along t,he south side of East 5th Street North tothe Point of Beginning.
eervice area stabilization agreement
PAGE 3rural\stab. agr\brb
Parcel 6: Beginning at East 5t,h Street Nort'h andthe northwest corner of the Harry Isaak property
which is 300 feet west. of the lleyburn Cj-t'y limits;
thence south 250 feet to the south property line(solid cinder block fence) of the unplatted lotsfronting East 5t,h Street, North; t,hence west 1'016
feet, t,o t,he east property line of J & t Electric;
t,hence north 25O feet to East sth Street, Northi
thence east along the south side of East 5th Street
North to the southwest corner of Century Cinemaparking lot, which Ís 622 feet west of the Point of
Beginning; thence north on the west side of thepaiting 1ot for 315 feet to an irrigation dit'ch
wtrictr þarallels t,he north side of the parking lot;
thence east along the irrigation ditch for 182
feet; t,hence norlh along t,he irrigation ditch
approximately 603 feet, to Èhe south property lineof-the Lavon Hansen propexty; thence west L92 feet
along the Ilansen ProPerty line and Rura1 pole line
ease¡nent to Minidoka Àvenue; thence northeasterly
along l{inidoka Avenue t,o Interstate Highway 84 ( I-84); thence east, t,o the City of lleyburn's se:¡ricearèa; thence south along lfeyburn's west service
area boundary to 400 South (Àlfresco Road); thence
west, to the Point of Beginning.
Rural shall serve all customers north of the southright of way of the Int,erstate Highway.
3. To the extent any conflict exists between the
illustrat,Íon on the map att,ached as Exhj-bit À and the
descriptions referred to ãbove, the descriptions shall prevail
over the illustration on the map.
4. To t,he ext,ent that either party is currentlyproviding service to cust,omers within the service area
ãssigned to the other party by this agreement, said PaftyshaLi be.entitled to continue to serve said customers. Neitherparty shall be nequired t,o withdrar¡ from the service areaàllocated to the other, but t,he right to continue to serveexisting customers within Èhe service area of the other shall
not, be construed to authorize extension of se¡rrice to new
customers wit,hin'the ser¡¡j-ce area allocated to the other party
by this agreement,.
5. Nothing contained herein shall prohibit theparties from entering a written agreement to permit the
ser¡¡ice of a new customer by a party whose distribution systemis located in the service area of the other, if the new
cust,omer can be served more efficient,Iy and safely from the
service area etabilization agreement
PÀGE 4rural\stab. agr\brb
existing service lines of the ot,her Party or by extension of
the exiéting service lines of t,he other party, but any ¡uchagreement sÉall be in writing and signed by t!" appropriat'e
oEficers after aut,horizatioñ is given by the respective
governing boards, and said memorandum shall be appended to
this agreement,.
6. Each party reserves rights of way and ease¡nents
for exist,ing distriËutiõn lines which will be necessary- t'o
continue sehtice t,o customel it retains pursuant to this
agreement.
7. The part,ies shall exercise their best efforts
t,o exchange the se¡{ice to Norco adjacent, to Kunau Park which
is currenË,ly senred by Rural for ag-West, which i-s -current'lyãão'àá by ôity, to i*pron" the satety and reliability of
sen¡ice t,o both customers.
8.(a} Notwithstanding, the City,s. agreernent t,o
allow Rura1 tb be the exclusive provider of sen¡ice wit'hin t'he
territory granted or reserved to Rural, the Cit'y shall have
the righl i,o inst,all its ovrn street lights., P_umps- .and other
faciliãies which it hereafter operates within Rural's service
area and, Rural agrees to deliver electrical enerçfy and power
to the CÍty's taãitities within Rural's service area on the
terms and õonditions set forth herein. Dist,ribution ser¡¡ice
hereunder shatl be provided in a¡nounÈs necessary for the Cit'y
to maintain culinaþ !.tater deliveryr waste wat,er disposal
ser¡¡ice, street fifhts, and other City services to its
customers.
(b) Rural shall furnish all transformers and met'ers
(except as óthe¡*¡ise noted hereinafter)-r- 1t. t'h:t point ?fàeliväry to the City. The service provided by Rural shall
include facilities ãr equipment neðessary or usgd in the
delivery to the point of -usä by the City, -and shall incLude
transfoiming, s,"itching, fusing-and lightning a¡resters at the
point of usã'by the Cily and with re-sþect to interconnection-of Rural,s syãtem, at the point, of -delivery to -the City'_
Rural, ôt its o!{n expense sirall furnish such equlPnent.ald
devÍces as are requiied, provided, however, the City shall
insr,all capacitorJ on thè load side of the Punp P?nelcontact,or, adequate to maintain a 95t Poeter factor at all of
its purnp motors.
(c ) Electric power and energ'y distriÞuted hereunder
will be deiivered t,o t,he City at the nominal delivery volt'ages
necessary and wÍtt be measuied by metering at each individual
point, of -delivery by Rural. Rural wilt read aII ¡neters monthly
õn app.oximatety the same date each month. The City shall have
gervice area stabilizatlon agreement
PAGE 5rural\stab. agr\brb
the right to be present at and participat'e in 311 meÈer
reading-s and, testiïg. The City mqf take meter readings e+clt
month or at the beginning and- end- of each year jointly with
Rural to conf im the enerçIy used.
(d) The city shalt rei¡nburse Rural for energy- (k\'th)
and d.emand'1í<W¡ at thã current Rural retail commercial rate
(minus the 'moñthly customer charge), which is subject -toàãil;r","ti rio* tj-ñe to ti¡ne, and w-nibtr may be- ¡no_dified under
seþarate agreement, between the City and Rural. In the event'
ifrãt the Cíty desires to negotiat,e ã separate agreeqent' for a
i¡0" of day-metering rater-the City sirall pa1l. t,o Rural the
cost of t,hè specialized meÈer and installaiion in order t'o
account for tñã tfune of a.y usage (both diurnal and nocturnal
periods), seasonal perioãs, fighl.]"?d hours, heavy load
ñ,oot", äôinci.dentalr- and noh-coíncidental demand peaks, and
àty ott"r data acquisition required to put the separate
agreement into effect.
(e) Rura} shall submiL bitls t'o the City on or
before the first working day of each nonth for sen¡ice
furnished auiiné the precäaini month, and payments. shall be
¿uè and p"y"t-i"- o-y ttie City ótt the tent'h -day -of. t'he month
t¡nmediatäfy succedding the ãate each bill is submitted'
(f)TheCityshallnotberequ-iredtopurchaseameubership'i'n Rural tõ receive electricãl ser¡¡icesr and-i!
shall not receive a share of patronage savings because it wi'll
not be a member and because it wiII ênjoy a preferential rate
which approxirnates a wheeling charge.
9. In the event the Cit'y elects to impose a
franchise fee for service of customeis of Rural which are
located, within the City, including territories which n1y be
annexed, to the City in-'tt¡e future, Rural agrees to collect
said. franchise fees from its customers within the annexed' area
and transmit palrnent to t^he city not less than quart,erly
pursuant to thå ferms of the apPliáable franchise ordinance of'itt" City. Rural reserves the ïight to contest the validit'y of
any fránchise fee which would. -have a detrimental economic
Í-nþact on RuraL or its customers who would be subject to a
franchise fee.
10. In ope:rating and supplying electrical services
within it,s service area witnin areãs -next to the City, Rural
"ñ"f f comply wit,h and conform to all safet'y regulations
promulgate-d ïy the Àmerican National Standards Institute and
èntitléa "Nat,ional Electrical Safety Code", toget,her with all
st,åte and federal laws regulating Rural's operations in any
reasonable operations impoêed by t,he City; provided, however,
gervice area stabilization agreement
PÀGE 6
rural\stab. agr\brb
that such City regulations shall not be more burdensome nor
rest,rict,ive than those imposed by the City uPon it,s ovtrt
electric department. Rural also agrees to notify customerswíthin the City li¡nits of the need to acquire a CityelectrÍcal permit for new wiring or rewiring of buildings.
11. This açpeement, shall remain in fult force and'
ef fect, as long as each of the part,i.es shall cont'inue to
operat,e as electrical suppliers under their presenÈ form of
ownership. In the event the City should t.e¡minate operations
as an eleitrical supplier, the boundary }ines establishing the
respective service-ãreas shall remaiñ in effect as to Rural
and the successor to Èhe City's service alcea. In the eventthat Rural should cease tb operate as an electrical
cooperative within its service areã, whether by sale of Part,or ã11 of the se:n¡ice area or by change in the form of
ownership of Rural to a st,ock comPany or Proprietorship otherthan a èooperative, the se¡r¡ice area established by this
agreement shall remain the same.
L2. Neither party shatl be permitted to extend its
seryÍce Ínto the se:¡¡icè aiea granted to the other party bythis agreement by acquiring the len¡ice area of any electrical
supplie:: which is not a party to this agreement.
13. In the event either party shall be required to
conmence legal action t,o enforce any term or condition of this
agreement, éaid party shall be ent,itled to recover reasonable
cõsts and attornèy fèes in addition to any other rêlief saidparty may obtain.
14, À copy of this agreement, shall be recorded in
the office of t,he Cõunty Recorder of Minidoka County, Idaho.
15. This agreement may only be modified by an
instrument in writing signed by the authorized representativesof Rural and the City. Upon execution of any rnodification'
said agreernent shall be recorded in t,he office of the County
Recordãr of Minidoka County, fdaho. No oral nodifications ofthis agreement, shall be enforceable.
16. ThÍs agreement has been' executed by t'he
undersigned pursuant, to a resolution of t,he Cit'y Council of
the City of Burley and a resolution of the Board of Directorsof Rural Electric Company aÈ meetings held in confornance with
t,he st,atutes and bylaws applicable to Èhe respect.ive entities.
L7. This agreement supersedes the Se:¡¡ice A¡ea
Agreement between the parties dated June 6, 1988.
eervice area st,a¡ilization agreement
PAGE 7rural\stab. agr\brb
IN WITNESS WITSREOF, the Parties hereto have set
their hands the day and year first above r¡rritten.
CI OF BURLEY
by
Mayor
ÀTTEST:
c ty
RIJRAL
llltt
Rlc¡tl ,tt,
ATTESIF:e
ú
.tt
eo4
¿r',n ¿1.',i\:\ ''l -\ i .Lr-.-:'; -'-' "
FËRT.
retary
STATE OF IDÀHO
County of Cassia
On this
undersigned notaafz
ùlayor
day of November, 1996, before me the
and for said state,personallyand City Clerk
l,l¡l
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,or identifi.ed, to me to be the
persons names are subscribed to the wit,hin instrument as
Mayor and City Clerk and acknowledged to me that t,heY executed
the same as such Mayor and City Clerk for the City of BurIeY.
IN WITNESS WHEREOF, I have hereunto set m1r hand and
affixed my official seal the day and year first above writ,ten.
( sEÀL )Notary lic
Residing at
llty Conmission exPires
myCarnlon 5/10,fe
gervice area stabilization agreement
PAGE 8rural\stab. agr\brb
NOTARY PUBLICot
'DAHO
E
STÀTE OF IDåTTO
County of Cassia
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i¡i¡.
On this J-Sß day
not,ary public in of Novenber, L996, before ¡ne the
undersigned and for said s
appeared râ5
\^.-h A -r ês secretary, known to me to
be the president and secretary of the corpor aÈion that,
executed the instrunent or the persons who executed the
instn¡¡nent'on behalf of said corPoration, and
me that such corporation executed the same.
acknowledged to
. IN IfITNESS WHEREOF, I have hereunto set rny hand and'
affixed my officiaf seal the day and year first above rrrÍtten'
(sEAr,)NotaryResiding at
My Conmission exP s 2 -t¿/-u1/l)
eervice area stabilization agreement
PÀGS 9rural\atab. agr\brb
tater PersonallYpresident, and
BEFORE THE
IDAHO PUBLIC UTILITIES
COMMISSION
UNITED ELECTRIC CO-OP, INC.,
Complainant,
THE CITY OF BURLEY, IDAHO,
Respondent.
Docket No.
UNITED ELECTRIC CO-OP INC.'S
FORMAL COMPLAINT FOR VIOLATION
OF CONTRACT ENTERED INTO
PURSUANT TO THE IDAHO ELECTRIC
STABILIZATION ACT
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UNITED ELECTRIC CO-OP'S
EXHIBIT NO. 3
Chapter 29,2001(H.8.142) of the Idaho Session Laws.
c. 29 2001 IDAHO SESSION LAWS
2-203, Idaho Code);
-Tffrffi
relistration liststt means Èhe most current off icial
and r¿ho are not dísqualified (section 2-209 Idaho
Approved February 27, 200I.
CHAFIER 29(H.8. No.142)
AN ACl
RELATI¡¡G TO TT¡E ELECTRIC SUPPLIER STABILIZATION ACT; REPEALTNG CHÄFTERI, LAÍJS OF THE FIRST E!(IB,AORDTNARY SESSION OF 20OO¡ TO PROVTDE AsrATffin¡T oF r¡¡TÐ{Ti A}lEl¡DrNc sEcrroN 6L-332, rDAHo coDE, To cLARrFyTHE PTJRPOSES OF THE ELECIT,IC SUPPLIER STABILIZATION ACT A¡¡D TO MAKETEGINICAL CORRECTIONSi AMENDING SECTION 6l-3324, IDAITO CODE, TOREVISE DEFINITIONS' To DELETE A REFEREì¡CE Io oBsoLETE ¡IATERIAL AND
TO MAKE TECHNICAL CORRECTIONS; AMn¡DING SECTION 6L-3328, TDAHO CODE,TO REQUIRE APPROVAL OF THE PUBLIC UTILITIES COI.'MISSION FOR TRANSFER-
RING CONSU'ÍERS; AilENDTNG SECTTON 6l-332C, IDA¡|O CODE, 1O PROVIDEPROVISIONS FOR SELECTING ÀN ELECTRTC STJPPLIER FOR IIE[' ELECÎRIC SER,-VICE ENÎRANCES AND 1O MAKE IECHNICAL coRREcTIo}¡s; A}{mTDING CHAPTER3, IrTLE 61, IDAHO CODE, By Tt¡E ADDITIOT¡ OF A NESI SECTION 6L-332D,rDA¡lo coDE' T0 suPERvrsE [ll{EELrNc sERvrcEsi AME$DrNG sEcrroN6l-333' rDAIlo coDE' 1o REqurRE ELECTRTO sERvrcE TERRTTORY coNTRAcTsTo BE FILED f'Jrïr Æ¡D APPROVED BY TrlE PUBLTC UTrLrTrEs coMMrssroN, ToPROVIDE FOR NOTICE A}¡D HEARING REGARDINC COI{TRACT APPROVAT A¡ID TOMAKE lEc¡{NrcAL coRREcTroNs¡ AMENDTNG sEcTroN 6l-334' TDAIIO coDE, To
PROVTDE THAT THE PUBLIC UTILITIES COMMISSION HAS CERTAIN AUTHORITYovER ELECTRIC SUPPLIERS' 1o PROVIDE FoR APPLICATTON oF PUBLIC I¡TILI-ÎIES LAI.J AND TO MAKE TECHNICAL coRREclIoNs; REPE:ALING sEcTIoI¡61-334A, IDAüO CODE; AUEì¡DING SECTION 61-3348, IDAHO CODE, 10 REDES-IGNATE THE sEcTIoN' To PRovrDE FoR FILTNG A COIIPLAINT ltrTtl lHE PUB-Lrc üTrLrTrEs coMHrssroN' To PRovrDE FoR NoTrcE AllD HEARTI¡GS, To
PROVIDE REMEDIES AND TO I'IAI(E ÎECHNICAL CORRECTIONS' .AI-{ENDING CHAFTER3, TITLE 6I, IDAITO CODE, By TI|E ADDITION OF A !¡EW SECTTON 6l-3348,ïDAIlo coDE' r0 PRovrDE col'tMrssroN suPERvrsroN AND AUTHoRrryi AMEND-rNG CHAPTER 3' TrrLE 6I, TDAIIO coDE' BY THE ADDrrroN oF A NElt sEc-TION 61-334c, IDAHO CODE, TO PROVTDE ELECTRIC SUPPLIER, IMMITNITY;AMBIDTNG sEcTroN 30-3-14' rDAHo coDE' To PRovrDE ÎHAT ANY MEMBH oFA MOPERAÎIVE ASSOCIATION ÎHAT PROVIDES ELECTRIC SM,VICE MAY APPLYTO TTIE DISTRICT COURT OF THE COTJNTY b¡HERE THE MN.IBERIS SERVICEEI}]RA¡¡CE IS LOCATED FOR A DETERM]NAIION THAT TT{E OOOPERATIVE
35
3ó IDAHO SESSION LAI.¡S c. 29 2001
ASSOCIATIONIS CHARGES FOR ELECTRIC SR,VICE 1O THAT MEMBER ARE FAIR,
JUST AND REASONABLE AND ARE NOT DISCRIMINATORY OR PREFERENTIAL AND
10 PROVIDE CIRCUMSTANCES WHEN THE COURT l.rIII R$IAND IIIE I'IATTER TO
THE CoOPERATI ASSOCIATION¡ AMEIJDING SECTION 50-325, IDAHo CODE, TO
PROVIDE THAT ANY CONSUMER OF A MIjNICIPAL ELECTRIC SYSÎEM }fAY APPLY
TO THE DISTRICT COURT OF THE COU}$Y WHERE THE CONSUMERIS SERVTCE
E}¡TRANCE IS I.OCATED FOR A DETERMINAÎION ÎHAT lHE MUNICIPALTTYIS
CHARGES FOR ELECTRTC SERVTCE 10 THAT CONSUIÍER ARE FAIR, JUST AND
REASONABLE AND NOT DISCRIMINAToRY OR PREFERENTTAL, 10 PROVTDE CIR-
CUMSTANCES WHEN THE COURT WILL REI'IAND THE MAIÎER TO THE MUNICIPALITY
AND TO MAKE A TECHNICAL CORRECTION; AND DECLARTNG AN EÞIERGENCY.
Be ft EnacEed by the LegislaEure of the State of Idaho:
SECTION l. That Chapter 1, Laws of the FirsÈ Extraordinary Sessionof 2000, be, and the same is hereby repealed.
SECTION 2. LEGISLATM INTEM. Ttre provision of a safe and reliablesupply of electricity in a rn¿nner that prohibit.s the rrpiratingrt of con-
sumers and discourages duplication of facilities is essential to thewell-being of fdahors ciLízens and its economy. IÈ was for these and
other reasons that the legislature passed the Electric Supplier SÈabili-
zation Act in 1970. The legistature has been advised of federal anti-trusÈ. f.itigation alleging that conformance wiÈh the provisions of this
acÈ does not confer federal antitrust irnrnity upon parties in compli-
ance with the act. the legísLature finds thsÈ a negative judicial ruling
¡¡ouLd have the effecÈ of repealing applícable provisions of the act,
undercutÈíng the purposes for which this acÈ nas enacted.It is and has been the intention of the legislature to confer ánti-
trusÈ ism¡nity upon parÈies acÈing in compliance ¡rjth the act under lrhatis kno¡¡'n as Ehe state action doctrine. lJhile the legislaÈure believesthat complíance with the existing provisions of this åct confers suchinrmnicy, it has determined to amend the act to more ful1y address this
issue. ltre legislature therefore finds that it is in the public interestto enacÈ the following anendments.It is the intenÈ of the legislature in enacting Sections 14 and 15of this acE that relevanÈ court precedent in existence on the effective
date of this act be applicable in the interpretatíon of Sections 30-3-14
and 50-325, Idaho Code. Such court precedent shall include, but not belimited to, Kiefer v. City of Idaho Fallsr 49 ldaho 458 (1930).
SECTION 3. l'hãt Section 6I-332, fdaho Code, be, and the same is
hereby amended to read as follo¡¡s:
6L-332. PURPOSE OF SLECTRIC SUPPLIER STABILIZATION Aca. A:(1) Thisact includes sections 61-332;-6*-33247-6*-3328¡-6*-33?6¡-6+-333;d1-334-
6*-3344;--and through 6l-3348C, Idaho Code, asterein-enâctedi-tcetion
6*-3334¡-Idaho-:iEõìl-e-r-ât--hêre!ín--anêndedi--tnd-seeÈions--6*-3338--and
6Ì€33e7-fdaho-€ode;-ar-already-enaeted; and shall be referred to hereinas rrthis actrr and may be cited and referred to as the treElectric
sSupplier sstabilization aAct.rl- B:(2) This act is and-its amendments are desigred to promoc,e har-monyãmõngandbetween@rnishinge1ecÈriciEywíthin
the state of ldaho, prohibit the ttpiratingil of cugtoñers consumers of
c. 29 2001
anotherties,
relates
electricaffiGÇ se certain c
Lze
duplication
onduct of e
IDAHO SESSION LA[.'S
supplier, discourage
37
of electric facili-lectric 1er9 ås 1t
con-
suners served $r1Eh etectrtclÈy by such electric suppliers.
SECTION 4. That Section 6l-3324, Idaho Code, be, and the sa¡ne ishereby amended to read as follows¡
61-3324. DEFINITIONS FOR EIÃGTRIC SUPPLIER STABILIZATION ACT. Asused in Èhis act, unless the context requires othererise:(l:) rrPublic utilityrt means an eLectric utility regulated by the
Idahõ püblic utilities co¡rmission.(Zt¡ rrCooperativetr neans a cooperative corporation furnishing elec-tric-seivice in the state of ldaho to iEs consumer-members nho or¡n andoperate the cooperative.(3;) rrMunicipalityrr means any municipal corporation or quasi-muniõipãl corporation furnishing eLectric service to it¡-eitizrnr the
consumers of the m¡nici in the state of ldaho.
c er neans any public utility, cooperaÈive, or
n¡unlc 1paL rty suppLylng or intending to suppLy el,ectric service to a con-
1
gumer.(5:) ItElectric servicetr ¡n€ans Gt€ctricity furnishcd to an ulti¡nate
consümeE by an electric suppLier.(6=) trcõñãüñ?-is any person, firm, corporation, or other entityreceivíñg or íntending to receive electric service at a specific ser-vice entrance.(7=) rrservice entrancerr means the entûanec-of-eleetrie-rervÍee-fronfaeifitîes--of--thc--sugplier--Ëo--the--serviec-cquiplent-or-uÈilization
equipnrnt-of-the-eonsu¡ner¡-fn-detenriníng:uservieê--Êntraneeú--rsferenceshall--be-rnadc-Ëo-the-definition-of-[entranee-of-the-serviec-to-thc-rer-
location on the consumerrg r¡trere Èhe
consumerrs nain disconnect
are meenÊ
gerved !t1
rNew service entrancett means a service entrance not previouslyth eLectricity. A change, improvement, replacement, enlarge-ment, or change in tocation of a service entrance shall not be deemed aItnew service entrancerr if utilized to serve any service or utilization
equípment previously served with electricity fron the former service
entrance, but for the rules provisions of this act shåll be deemed theformer rrservice entrance.rtlÃ-ð'Fin congumer shall not be construedto nake an existing service entrance a ttneÌ¡ service ent,rance.rr A change,
enl-argement, or other modification of service or utí1ízation equipmentserved from an existing service entrance sha1l not be construed to makeit a rtnew service entrance.rl(9=) rfTransmission linerrr for the purposes of this act, means anyL1elecEric line of an elecrrlc @ge of sixty-nine (69) Kl/ or norei-(10;) ilservice tinerrr for the purposes of this åct, means any singLeor rúlti:phase electric-lin@ed for caffi!Eã-s tFãã-ilEy-rine (69) t(V and [õãi-õî-ããpable of uãã-To provide elec:tric service for a consumer.(11;) rrExisting service Linett means any etectric service line in
38 IDAHO SESSION LAf.tS c. 29 2001
supPly
r¡nder
existence at the time of the event in question and constructed toa consrrrner that could be lawfully served þ that electric supplierrhis act. It shall not meån any service line consffiil- to obtain
advant.age under fhis act, or to evade iEs purpose or terms.(12) "Co¡rmissiontt means the ldaho public utilities conmission.
SECTION 5. That SecÈion 6L-3328, Idaho Code, be, and Èhe same is
hereby anended t.o read as follows:
6I-3328. ELECTRTC SUPPLIM, PROHIBITED FROI.{ SERVING CONSTJMER,S OR
FORIßR ONSUMERS OF A!¡OTHER ELECTRIC SUPPLIER. No electric supplier
shal 1 eonstruet-or-cxtênd-f aeitiEffiõrrnat<e-any-eleeËrie-eonneeÈions¡
nor-perrnåÈ-any-eonnections-to-bc-;ade-to-any-of-itg-faeilitiec--for--thcpurpose--of--supp*ying--c*eeÈrie--serviee-nor-shall-it supply or furnishelecËric service Èo any electric service entrance that is Èhen or had at
any time previously been lawfully connecË,ed for electric service tofacil ities of another elffiuppl ier;-rithont-Èhe-;rítten-eonsrnt-of
¡ueh-oÈher-eleeÈrie-rupplierl-providcd¡-horever;-(a)-sueh-othcr-elcetrie
supp*ier-ir-then7-or-was-previoualy-the--last--supplicr;--larfulþ--eon-nêeted--Èo--¡aid--eleetråc-serviee-êntrânect-ând-(b)-¡ueh-other-Èleetrierupp*ier-ir-r'i*ling-and-able-to-provide-adequate-eleetrie-servíee except
as provided in this acÈ.
SECTION 6. ThaÈ Section 6l-332C, Idaho Code, be, and the sar¡e is
hereby amended Èo read as follows:
61-332C. RUåES PROVISTONS FC'R SELECTING ELECTRIC SUPPLIER FOR NEìIJ
ELECÏRIC SERVICE ENTRÃFCEFTII In Èhe-eveÊÈ-nrorc-than-onc-eleeÈlie-rup-plier-is-rilling-and-able-to=þ?ovide-adequrtc-eleeÈrie-rerviee-Èo-a-eon-
rwtrer-at-rny-nes-eleeÈrie-sgrviee-enÈraneet-the--fo1*oring--rnlcs--¡ha11
determining which electric supplier wiLl provide etectric service for a
nen servlce entrance, the tollosr1ng provls1ons niII govern:
tî(4, It no electrr.c suppller has an ex1stl'ng service line withinonilthousand three hundred and Èwenty (f 1320) feet (l;320-ft;) ofthe a nelr service ent,rance the consu¡rer El'f.-have the right of
choiEe of electric supplier.*(b) If ìãfine (l) electric supplier has an existing serviceLiile nithin one thousand three hundred and twenty (fr320) feet(*;320-ftt) of the new gervice entrance that electric su-þþT-:.er shall
have the right uo serve the consuner at the nõ-Eãfü[ce entrance.3¡(c) If rnore than one (1) electric suppl.ier has an existing ser-viE-line ¡¡ithin one thousãl-ð three hundred and twenty (f 1320) feet(*¡320--f*) of the ne¡¡ service entrance the electric su-þþll-rer whose
exist,ing service line is nèarest the ne¡¡ servi-ce entrance shall håvethe right Eo serve the consumer åt the ne¡¡ service entrance.4¡(d) If more than one (1) electric suppLier has an existing ser-viõê- tine within one Èhõõõånd three hundred and twenty (11320) feet($3?0-fb) of the new service entrance and--Èhe--exirtñg--erviee*iner-are-equidistant-fronrthe-serviee-entranee;-or and it cannot be
determined by proof which service line is nearesÈThe ne¡¡ service
entrance, then the consumer sha*l-have-the-right-of-ehoice--of--up-plicr or an elecÈric supplier sha1l petition the conmission for an
order d
c. 29 2001
(e) For
TDAHO SESSIO!¡ LA$'S 39
of this act distances shall mean the exact dis-
us I 1ceg es es
91
ier shal-L construct or extend facílities, nor12)
nrake-any
No electrlc
, nor permit any connection to be made fron
any of its faciLitíes to any new service entrance nor shalL it supplyelectric service to any ne¡v service entrance in vioLation of the rulesherein;-nithout-the-rritÈcn-conscnt-of--any--elcctrie--supplicr--rËth-apríor--right--undcr--the--rules-to-serve-the-eonruiÉr-at-the-ner¡erviec
locations provisions of this secÈion, except as ordered by the co¡rmis-
s10n pursuant to thrs âct.
SECTION 7. ThaÈ Chapter 3, Title 61, Idaho Code, be, and the s¿neis hereby a¡¡rended by the addition thereto of a tlEhl SECTION, to be knor¡r¡
and designaÈ,ed as Section 61-332D, Idaho Code, ñilEæifss foltoÍrs:
61-332D. S¡llEELINc SERVICES. (1) An electric suppLier shall not be
required to provide wheeling service over its system if such serviceresutÈs in retail wheeLing and/or a shåm whol.esate transaction.(2) An eLectric supplier declining to furnish wheeling service pur-auant Èo this section shall petiÈion thé conmission for revie¡¡ of the
eLecÈric suppl,ierrs action in respect. to a request for such service. Ttre
co¡¡rnission shall, upon notice and opportunity for hearing, review theelectric supplierrs action for consistency with the purposes and provi-
sions of this act, and issue an order in accordance r¿ith its finding,ordering either that the wheeling service shall, or shaLt not, berequired.
SECTION 8. That Section 61-333, Idaho Code, be, and the same is
hereby amended to read as foLlmrs:
6T-333. AUÎHORIZING CONM.ACTS AHONG ELEC1RIC SUPPLIERS 10 RESOLVE
TERRITm.IES, CONSU'ÍERS AND TO 1RANSFER FACILITIES. Ar(l) Any electricsupplier ft¡y conÈ,ract in wricing with any other eleETîic auppLier for
the purpose of alLocating territories, consumers, 6nd future conaumersbetween the electric suppliers and designating which territories and
consumers are ñ-6E-Erved þ which contracting electric eupplier. TheÈerritories and consumers so all"ocated and desigñãE?lEy include aLL oråny portion of the territories and consumers ¡phich are beíng served by
åny or aLl of the contracting el-ectric suppl,iers at the Èine the con-tract is entered into, or whíchãlfil-be economicaLl-y served by the thenexisting facilities of any-:ur¡taccing eLect,ric supplier, or by reason-
ab!-e and economic extensions thereto. Alffiñlontracts shatl be fíledwith the co¡¡¡nission. I'he con¡nission
1Ve3
1()n over
ss10n
rles or consumers 1s
40 IDA}IO SESSION IAWS c" 29 2001
this act..-TãfÐ Any eleccric supplier nây also concract in writing with any
other e-Gctric supplier for lhe sale, exchange, transfer, or lease of
equipment or facílities locaEed within territory ¡¡hich is the subject ofany allocation contracted for under subsection A-hercof¡-€¡--åny (1) ofthis section and any contract validly entered pÉrruant-to--this--sãeTiËõãmïõ-lFa-pp-rõGf by the cormission after notice and opportunity for
hearrng shall be br.ndlng and shall be legally pnrrì'cêâhlê pursuant to
EEls aæ, or by any other remedy provided by Law.
SECTION 9. Th^at Section 61-334, Idaho Code, be, and the same is
hereby amended to read âs follons:
6L-334. SPECIAL RULES OF INTERPRETATION. NoÈhing contained in thisact shall be construed to3(fr) Grant ldaho-publie-utilities the co¡rmission jurisdict,ion over
coopãraEives or municipalities except as-ãlthorized.in this act.(2;) Apply to controversie utili-ties.(3¡) Preclude any elect,ric supplier from extending electric serviceto íts* o¡m property or facilities or to another electric supplier for
resale, provided any line extension made under this clause shall noE b€
considered in detern¡ining the right of electric suppliers Eo serve ner'f
service entrances under section 61-332C, I?lãño-Co-de.(4)te or limit the authorit of mun!.c1 t under
or re
1es munl.c1
SECTION 10. That
hereby repealed.
Section 61-3344, fdaho Code, be, and the så¡ne is
SECTION 11. th¿t Section 6I-3348, Idaho Code, be, and the same is
hereby amended Ëo read ¿s follows:
61-33484. LE€AÉ REMEDIES FOR VIOLATION OF lHIs ACr. Ar(1) Any elec-tric supplier or consr¡mer whose rights under this act shalÏ-Te violatedor threatened wiÉF*îiõTation;-shall-bc--êntiÈted--Èo--irjûtctåve--reticf
against--said-i¡*ation--npon--proper rnay file a complaint andgoof-inaccordanee-pith-Idaho--rute¡--of--4¿¡:=þTõõõil-urc--in--district--eourqagrinst--the--other with the con¡nission against an electric supplier and
any other person responslble tor Ene v1oi.at¡.on.B:(2) In-any-suåt-for-Ënjunetive-relief After notice and opportu-nity fõ-hearing, Ëhe con¡nission sh¿ll make @ whethertiti:
act or any orders íssued under this acÈ h;Tã-Eãei- viõfãEãì[--õî--EEreaÈ-ened usions-by-the
courÈ-of determirre'rffireze is actual or threatened irreparable
lnJury as to the electric suppli.er or consumer whose rights are violatedor threatened with vioLation as a-5ã6Ïl-l[õ7-equítable-relicf-hereundergranting relief.
-ã{3TTE-injunctive
relief to be granted under this section forviolatÏõñ of this act shaLl be-negative-in-foan;-enjoining forbid fur-
ther act.s in violation of such ru*es orders, shall be--affirrniEFe--in
c. 29 2001 IDAHO SESSION LAWS 4L
forrn-in-requiring order the removal of any electric connections, facili-ries or equipmentTE'Eãîstitute the violation, and-shalt-be or a con-bination thereof necessary to enforce compliance with this act.Ð=--rtny-aggrievcd-party-rnay-also-pursue-any-othcr-remedy-provided-by
lac;
SECTION 12. That Chapter 3, Title 61, Idaho Code, be, and the sarneis hereby amended by the addition thereto of a NEW SECTION, to be knoern
and designated as Section 6l-3348, Idaho Code, añilEEil-as foLlows¡
61-3348. COMMISSION SUPERVISION A!¡D AUTHORITY. (1) Upon a petitionby an electríc supplier or consuner for an exception to Èhe provisionsof section ól-3328 or 6l-332C(1)(a), (b) or (c), Idaho Code, rhe colrmis-sion shall issue an order granEing such request only upon finding thåtgranting the request is consistent nith the purposes of this act as seEforth in section 6L-332, Idaho Code.(2) The co¡rmission shall have power to issue authorizations andorders requested under this åct, or to refuse to íssue the same, and mâyattach to any authorization and order as a condition of approval such
terms and condiÈions as it deter¡nines are consistent nith the purposes
and provisions of this act.(3) In all rnatters arising under thís act, which are submitted tothe cormission for decision, order or review, the procedure shall be
governed by chapters 6 and 7, title 61, Idaho Code, and the cormissionrsrules of procedure. Reconsideration of, appeal from, enforcement of, andstay of orders issued pursuant to this act shall be governed by law asfor other orders of the cormission in other netters.
SECTION 13. ThaÈ Chapter 3, TiÈ1e 61, Idaho Code, be, and the sameis hereby a¡¡rended by the addition thereto of a NEW SACTION, to be knohn
and designated as Section 6l-334C, Idaho Code, añifõEìlãs follo¡rs:
61-334C. ELECIRIC SUPPLIER IMMIJNITY. No action under the Idaho corrpetition act, chapter l, title 48, Idaho Code, or any other provision or
doctrine of taw of the state of Idaho shall. Lie against an eLectric sup-plier for action or inaction that is in conpliance ç¡ith the provisionsof this act or any conmission order íssued pursuant to this act.
SECTION 14. That Section 30-3-14, Idaho Code, be, and the san¡e ishereby amended to read as follows:
30-3-f4. JUDICIAL RELIEF. (f) If for any reason it is impracticalor impossible for any corporation Èo call or conduct a meeting of its
members, delegates or directors, or other!ùise obtain their consent, inthe rnanner prescribed by its articLes, byl-aws or this act, ther¡ uponpetítion of a director, officer, delegate, or member, the district court
rnay order that such a meeting be called or that a written ba1lot orother form of obtaining the vote of members, delegstes or directors be
authorized, in such a rnanner as Èhe court finds fair and equitable underthe circumstânces.(2) The court shall, in an order issued pursuant to this section,provide for a method of notice reasonably designed to give actuat noticeto all persons r¡ho woutd be entitled to notice of a meeting held pursu-
ant to the articles, bylaws and this act, whether or noÈ the rnethod
42 IDAHO SESSION LASJS c" 29 2001
resulte in actual notice to all such persons or conforms to the notice
requirernents that would otherwise apply. In a proceeding under this sec-tion the courÈ may detemine who Ehe members or directors are.(3) The order issued pursuant to this section nay dispense with any
requirements relating Èo the holding of or voting at meetíngs or obtain-ing votes, including any requirement as to quorums or as to Ehe numberor percentage of votes needed for approval, that r¡ou1d otherwise be
imposed by the articles, bylaws or this act.(4) Whenever practical, any order issued pursuant to this secÈionshall limit the subject matter of meetings or other forms of consent
authorized to items, including amendnents to the articles or bylaws, the
resoluÈion of s¡hich will or may enabl-e the corporation to continue mân-aging its affairs v¡ithout further resort to this section; provided how-ever, that an order under this section rnay also authorize the obtainingof whatever votes and approvals are necegsary for the dissolution,
merger or sale of asseEs.(5) Any meeting or other method of obtaining the vote of members,
del-egates or directors conducted pursuant to an order íssued under this
section, and that conrplies ¡vith all the provisions of such order, is forall purposes a valid meeting or vote, as the case rîay be, and shall have
Ehe same force and effect as if it complied with every requirement
imposed by the articLes, bylaws and this act,.(6)member of a c ive association that des electric
servlce
Servlce 1S A on ve
assoc on I
e are nr, Ju8
t¡
SEGTION 15. That Section 50-325, Idaho Code, be, and the same is
hereby amended to read as fotlows:
50-325. PoI¡ER PLANTS -- POI¡ER DISTRIBUTION. (l) Cities shall haveauthority: to acquire, own, maintain and operateEfectric power plants,
purchase electric power, and provide for distribution to the residentgof the city, and to seLl- excess power subject to the provisions of sec-tion 50-327, Idaho Code.(ænsr¡m'er of a nnrnicipal electric system may apply to the
di st
SEGAION 16. An emergency existing therefor, which emergency is
hereby declared to exist, this act shalt be in fult force and effect on
and after its passage and approval.
Approved February 28, 200I.
1S
BEFORE THE
IDAHO PUBLIC UTILITIES
COMMISSION
LTNITED ELECTRIC CO-OP, INC.,
Complainant,
V.
THE CITY OF BURLEY, IDAHO,
Respondent.
Docket No.
UNITED ELECTRIC CO-OP INC.'s
FORMAL COMPLATNT FOR VIOLATION
OF CONTRACT ENTERED INTO
PURSUANT TO THE IDAHO ELECTRIC
STABILIZATION ACT
)
)
)
)
)
)
)
)
)
IINITED ELECTRIC CO-OP'S
EXHIBIT NO. 4
May 6,2003, Amendment to Territory Service Agreement.
AMENDMENT TO TERRITORY SERV¡CE AGREEMENT
AGREEMENï made tnis É oay or fYlau-, 2003, between CITY OF
={,BURLEY, IDAHO, ("BURLEY") and UNITED EL Rlc co-oP, lNc. ("uNlrED')
1. RECITALS: The parties recite and declare:
1.1 On May 21, 1985 Burley and Unity Light and Power Company
entered into a Service Territory Agreement for electric service customers.
1.2 United is the successor in interest of Unity Light and Power by
consolidation on January 1, 1998.
1.3 The parties desire to amend the Service Territory Agreement in the
fotlowing particulars.
2. EXHIBIT A: Exhibit 1 to the Service Territory Agreement is amended to be
Exhibit A (2002-Amendment), a copy is attached hereto, being the map of the territories.
3. IPUC APPROVAL: The statute requires by the ldaho Public Utilities
Commission and the parties shallfile appropriate petitions with the Commission to seek
its approval now and in the future if required.
4. EXISTING CUSTOMERS: Paragraph (6) is amended by providing that
existing customers are illustrated on Exhibit A (2002-Amendment) and a listing of the
current customers and the meter numbers are attached as Exhibit B.
5. MEMORANDUM OF NPTICE: The parties shall record in the office of the
County Recorder, Cassia County ldaho a notice of Territory Agreement because the
territory map is larger than the Recorder can film and record.
AMENDMENT TO TERRITORY SERVICE AGREEMENT.l
EXHIBIT 3
(To Application - United/ City of Burley)
lN wlrNESS wHEREOF the parties have executed this Agreement.
C¡TY OF BURLEY
+
BY
ayor
Clerk
UNITED ELECTRIC CO.OP, INC.
By
Ron Osterhout, President
STATE OF IDAHO
County of Cassia
on this l?ha^y or , in the year 2003, beforeme, the undersigned, a Notary publ c in and said State, personal y appeared JONANDERSON, known or identified to rne to be the MAYOR OF THE CITY OF BURLEYwhose name is subscribed to the within nstrument, and acknowledged to me that heexecuted the same
Notary lda o
Residing at
My Commission Expires
Y
tx
SS
AMENDMENT TO TERRITORY SERVICE AGREEMENT - 2
STATE OF IDAHO
County of Cassia
on this I3 day of in the year 2003, beforeme, the undersigned,a Notary Public in and for said State, personally appearedMELANIE HAYNES, known or identified to me to be the CLERK OF THE CtTy OFBURLEY whose name is subscribed to the within instrumen t, and acknow edged to rnethat she executed the same
Notary Public td o
Residing at
My Commission tres
STATE OF IDAHO
County of CA*/t4
On this l] Oay ot , in the year 2003, before me, theundersigned, a Notary public in and for said State, personally appeared RONOSTERHOUT, known or identified to me to be the President of United Electric Co-op,lnc., the corporation that executed the instrument or the person who executed theinstrument on behalf of said corporation,and acknowledged to rne that such corporationexecuted the same
Notary Public lda
Residing at
My Commission Ex res
( U NITED\B urleyAmendment.wpd )
SS
)
)
)
)
)
)
SS
WILLIAM A. PARSONS
NOTARY PUBLIC
STATE OF IDAHO
WILLIAM A. PARSONS
NOTARY PUBLIC
STATE OF IDAHO
AMENDMENT TO TERRITORY SERVICE AGREEMENT.3
BEFORE THE
IDAHO PUBLIC UTILITIES
COMMISSTON
UNITED ELECTRIC CO-OP, INC.,
Complainant,
V.
THE CITY OF BURLEY, IDAHO,
Respondent.
Docket No.
UNITED ELECTRIC CO-OP INC.'s
FORMAL COMPLAINT FOR VIOLATION
OF CONTRACT ENTERED INTO
PURSUANT TO THE IDAHO ELECTRIC
STABILIZATION ACT
)
)
)
)
)
)
)
)
)
UNITED ELECTRTC CO-OP'S
EXHIBIT NO. 5
June 29, 2003, Joint Application for an Order Approving Service Territory Agreement between
United Electric Co-op, Inc. and the City of Burley. IPUC Docket No. GNR-E-03-03.
William A. Parsons
PARSONS, SMITH & STONE, LLP
137 West 13th Street
P. O. Box 910
Burley, ld 83318
Telephone: [phone]
Fax: [phone]
Attorneys for United Electric Co-op, lnc
( U N ITED\Application Burley North.wpd)
R. C. Stone
PARSONS, SMITH & STONE, LLP
137 West 13th Street
P. O. Box 910
Burley, ld 83318
Telephone: [phone]
Fax: [phone]
Attorneys for City of Burley
ln the Matter of the Application of
United Electric Co-op, lnc. and
the City of Burley for an Order
Approving a Service Territory
Agreement between the Applicants.
fl;lil\i[D fll
,- r r'r^! ;- li' , i-:: U ;. .r
?tii3.!U:i 20 Âi{ 9: 0Z
i : r i i 'r.lï,
U'Íìi-l'ì r-; ÜÜiiÌ iisSlÛl{
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
)
)
)
)
)
Case No êM l-09'd E
APPLICATION
Pursuantto Rule 51 of the IPUCRP, and ldaho Code S 61-333, United Electric
Co-op, lnc. ("United") and City of Burley ("Burley") respectfully apply for Commission
approval of a Service Territory Agreement between United and Burley on the grounds
and for the following reasons:
APPLICATION - I
1. On December 8, 2000, the ldaho Legislature, meeting in specíal session
amended the ldaho Electric Supplier Stabilization Act, SS 61-332 through 61-3348 of the
ldahq Code. ldaho Code S 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 Territory Agreements between
them, United as successor in interest to Unity Light and Power and Rural Electric. Such
Agreements predated the amendmentto ldaho Code S 61-333, and therefore United and
Burley seek approval of the Commission of the existing Territory Agreements and
Amendments thereto. Copies of the Agreements and Amendments are attached as
Exhibits 1, 2 and 3.
3. The Agreements were 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.
4. For the foregoing reasons and to fulfillthe requirements of ldaho Code g
6-333 United and Burley request the Commission, after notice and hearing, approval of
the Agreements pursuant to law.
APPLICATION .2
DATEÐ tnis /ù day of {ruø , 2003.
PARSONS, SMITH & STONE, LLP
William A. Parsons
Attorneys for United
137 West 13th Street
P. O. Box 910
Burley, ldaho 83318
PARSONS, SMITH & STONE, LLP
R. C. Stone
Attorneys for City of Burley
137 West 13th Street
P. O. Box 910
Burley, ldaho 83318
APPLICATION .3
BEFORE THE
TDAHO PUBLIC UTILITIES
COMMISSION
UNITED ELECTRIC CO-OP, INC.,
Complainant,
THE CITY OF BURLEY, IDAHO,
Respondent.
Docket No.
TINITED ELECTRIC CO-OP INC.'s
FORMAL COMPLATNT FOR VIOLATION
OF CONTRACT ENTERED INTO
PURSUANT TO THE IDAHO ELECTRIC
STABILIZATION ACT
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LINITED ELECTRIC CO-OP'S
EXHIBIT NO. 6
Map of the City of Burley with the proposed Suntado site circled. The line marking the
boundary between the City's service area and United's service area is the dark line generally
encompassing the City's area in the center of the map.
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UNITED ELECTRII
SERVICE TERRITOI
CITY OF BURLEY - SOUTIt
BEFORE THE
IDAHO PUBLIC UTILITIES
COMMISSION
IINITED ELECTRIC CO.OP, INC.,
Complainant,
V.
THE CITY OF BURLEY, IDAHO,
Respondent.
Docket No.
LìNITED ELECTRIC CO-OP INC.'S
FORMAL COMPLAINT FOR VIOLATION
OF CONTRACT ENTERED INTO
PURSUANT TO THE IDAHO ELECTRIC
STABILIZATION ACT
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UNITED ELECTRIC CO-OP'S
EXHIBIT NO. 7
Suntado's annual report to the Idaho Secretary of State indicating that the physical address of the
business is 1210 W. l6th Ave, Burley, Idaho.
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STATE OF IDAHO
Office of the secretary of state, Lawerence Denney
ANNUAL REPORT
ldaho Secretary of State
PO Box 83720
Boise, lD 83720-0080
[phone]
Filing Fee: $0.00
000484745 l
For Office Use Only
.FILED.
File #: 0004847453
Date Filed: 81412022 5:48:15 PM
Entity Name and Mailing Address:
Entity Name:
The file number of this entity on the records of the ldaho
Secretary of State is:
Address
Suntado LLC
0004430356
JEFFRY WILLIAMS
PO BOX 6325
suN VALLEY rD 83354-6325
Entity Details:
Entity Status
This entity is organized under the laws of:
lf applicable, the old file number of this entity on the records of
the ldaho Secretary of State was:
Active-Existing
IDAHO
The registered agent on record is:
Registered Agent Jeffry Williams
Registered Agent
Physical Address
1210 W 16TH STREET
BURLEY ID 83318
Marling Address
PO BOX 6325
SUN VALLEY ID 83354-6325
Lim¡ted Liability Company Managers and Members
Name Tltle Business Address
E ¡etfry Williams Manager P.O. BOX 6325
SUN VALLEY ID 83354
The annual report must be signed by an authorized s¡gner of the entity.
Job Title: Manager
Jeffry Willtams 08/04/2022
Sign Here Date
I)agc I ol' I Paqe 1 of 1
BEFORE THE
IDAHO PUBLIC UTILTTIES
COMMISSION
UNITED ELECTRIC CO-OP, INC.,
Complainant,
V.
THE CITY OF BURLEY, IDAHO,
Respondent.
Docket No.
UNITED ELECTRIC CO-OP INC.'S
FORMAL COMPLAINT FOR VIOLATION
OF CONTRACT ENTERED INTO
PURSUANT TO THE IDAHO ELECTRIC
STABILIZATION ACT
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UNITED ELECTRIC CO-OP'S
EXHIBIT NO. 8
November 2022, proposed Customer Allocation Agreement.
Customer Allocation Agreement
This Customer Allocation Agreement ("Agreement") to supply new electric service is
entered into this dav of 20_, by and among, United Electric Co-op, Inc., an
Idaho cooperative corporation (hereinafter o'UEC"), the city of Burley, Idaho, an ldaho municipality
(hereinafter the "City"), and Suntado LLC, an Idaho limited liability company, with facilities
located in Cassia County, Idaho (hereinafter "Customer"), (individually a "Party" and collectively
the "Parties").
WHEREAS, UEC and the City each own and operate electrical power systems that provide
electric service to customers in southern ldaho, and;
WHEREAS, UEC and the City have specific service territories designated in accordance
with the terms and conditions of ldaho Code 6l -332, et seq., the ldaho Electric Supplier
Stabilization Act ("the Act") and pursuant to ldaho Public Utilities Commission ("IPUC") Order
No. 29355 in Case No. GNR-E-03-03, and;
WHEREAS, Customer owns property and facilities that are being developed as a beverage
processing plant located within the service territory of UEC yet has requested electricalservice be
provided by the City through a service entrance connection with the City's electrical system
adjacent to the property, and;
WHEREAS, UEC agrees to allow the City to provide electric service to Customer and the
City agrees to provide electric service to Customer;
NOW, THEREFORE, in consideration of the foregoing, and for good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, and intending to be
legally bound, the Parties agree as follows:
l. Customer hereby confirms that it desires the City provide it with its electric service
needs at the following location, to wit: Township XX South, Range XX East of the
Boise Meridian, Cassia County, Idaho and more particularly described on the attached
Exhibit "A".
2. Notwithstanding UEC's right to be the sole provider of electric service to Customer
pursuant to Section 6l-332C of the Act and the Order, by this Agreement, UEC hereby
agrees to allow the City to provide electric service to the Customer.
3. Notwithstanding the location of Customer's facilities within UEC's service territory, the
Parties agree that UEC shall bear no responsibility for costs of connecting the Customer
to the City's electric system, or for any other cost of operations and maintenance, supply,
transmission, distribution and/or metering of power applicable to the Customer.
4. For purposes of this Agreement, the electric service to be provided to Customer by the
City shall be deemed a oonew service entrance" pursuant to the Act.
5. The Parties agree the Customer's service entrance must be connected to the City's
electrical system adjacent to the Customer's property and shall not otherwise crossover
Customer Allocation Agreement Page L of 2
or be placed on or through UEC's service territory. Electric Service pursuant to this
Agreement shall only be provided to the Customer's facilities located on Customer's
property specified in Exhibit A.
6. The Parties agree that all electric facilities located on or through Customer's property
specified in Exhibit A shall be owned by the Customer, and not by any other Party. The
Parties further agree that no service lines or feeder ties owned by the City shall be
constructed or installed within UEC's service territory to provide electric service to the
Customer.
7. This Agreement to provide electric service to Customer shall not be modified unless
mutually agreed upon by and between UEC and the City (or their successors in interest)
or unless modifred by statute.
8. Except for the allowance of electric service providers to this particular Customer and
described within this Agreement; no modification to UEC and the City's present service
territories is made, implied or intended by this Agreement.
9. This Agreement is subject to review and approval or rejection of the IPUC. In the event
the IPUC does not approve the customer allocation and associated electric service rights
described herein, this Agreement shall have no force or effect.
10. Each Party represents and warrants that it is validly existing and in good standing in the
state in which it is organized, and it has the requisite authority to execute this
Agreement.
I l. This Agreement may be executed in any number of counterpafts, each of which shall be
deemed an original and all of which taken together shall constitute a single instrument.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly
executed as of the date above written.
Customer City of Burley, Idaho
By:By
Name Name
Title Title
United Electric Co-op, Inc.
By
Name
Title:
Customer Allocation Agreement Page2 of 2
BEFORE THE
IDAHO PUBLIC UTILITTES
COMMISSION
UNITED ELECTRIC CO-OP, [NC.,
Complainant,
THE CITY OF BURLEY, IDAHO,
Respondent.
Docket No.
UNITED ELECTRIC CO-OP INC.'s
FORMAL COMPLAINT FOR VIOLATION
OF CONTRACT ENTERED INTO
PURSUANT TO THE IDAHO ELECTRIC
STABILIZATION ACT
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I.INITED ELECTRIC CO-OP'S
EXHIBIT NO. 9
Letter dated November 2,2002, in which United tendered its offer to enter into the proposed
Customer Allocation Agreement.
United Electric
November 2,2022
City of Burley
Attention: Brent V/allin
Electric Department Director
2020 Parke Avenue
Burley, ID 83318
SUBJECT:Customer Allocation Agreement - United Electric Co-op, Inc., City of Burley,
Idaho, and Suntado LLC
SENT VIA: Email - bwallin@burle),idaho.org, [e-mail],
ikin [e-mail], [e-mail], [e-mail]
Dear Mr. Wallin,
United Electric Co-op, tnc. (UEC) has observed that initial work has commenced at the site of
Suntado LLC's (Customer) proposed beverage processing plant. As we have discussed, the
Customer's project location is within the service territory of UEC. However, it is UEC's
understanding that the Customer has elected to receive electric service provided by the city of
Burley, Idaho (City). Notwithstanding UEC's right to be the sole provider of electric service to
customers within its service territory, UEC will not oppose electric service to the Customer's
project be provided by the City under current circumstances.
In accordance with ldaho Public Utilities Commission Order No. 29355 that approved the
Territory Service Agreement, as amended, between UEC and the City, a customer allocation
agreement must be executed. Order No. 29355 specifically states,
The parties also contemplate that there may be instances where it is more efficient
for a new customer located in one service territory to be served by the other
electric supplier. In such instances, the parties will execute a written agreement
and append it to their Territory Agreement and the amendments...When the
parties enter into such an agreement, the agreement shall be submitted to the
Commission for its review and approval.
Pursuant to Order No. 29355, please find attached a Customer Allocation Agreement applicable
to UEC, the City, and the Customer. Please review and provide a legal description of the
Customer's property and facility location to be used as Exhibit A to the agreement.
This agreement must be in place prior to the City providing electric service to the Customer
Page 1 of 2
Please print and sign two copies of the agreement and return the two original signed copies to
UEC. Once signed by the City and the Customer, UEC will execute the Customer Allocation
Agreement and submit an original copy to the IPUC requesting its review and approval or
rejection of the agreement.
Feel free to reach out anytime with questions.
Sincerely,
Michael Darrington
General Manager
United Electric Co-op, Inc.
(208) 67e-1010
[e-mail]
Cc:Mark Mitton (City of Burley)
Jeff King (Suntado LLC)
Chris Seibold (United Electric)
Trevor Parke (United Electric)
Page 2 of2
BEFORE THE
IDAHO PUBLTC UTILTTIES
COMMISSION
UNITED ELECTRIC CO-OP, INC.,
Complainant,
THE CITY OF BURLEY, IDAHO,
Respondent.
Docket No.
UNITED ELECTRIC CO-OP INC.'S
FORMAL COMPLAINT FOR VIOLATION
OF CONTRACT ENTERED INTO
PURSUANT TO THE IDAHO ELECTRIC
STABILIZATION ACT
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UNITED ELECTRIC CO-OP' S
EXHIBIT NO. IO
December 5,2022,letter to the City of Burley reiterating United's offer to amend the Service
Territory Agreements.
Unlted ElectriccùoP flvc. _._
December 5,2022
City of Burley
Attention: Brent Wallin
Electric Department Director
2020 Parke Avenue
Burley, Idaho 83318
Subject:Commencement of Electric Service to Suntado LLC -- Customer Allocation
Agreement with United Electric Co-op, Inc. ("United Electric")
Dear Mr. Wallin:
This letter is to express United Electric's concern to have not had a response to my letter
dated November 2, 2022, in which I informed you that the City of Burley's ("City") Electric
Department cannot commence service to the new Suntado plant absent its execution of a mutual
Customer Allocation Agreement. That Agreement is necessary in order to allow the City to serve
Suntado's new plant - which is in United Electric's exclusive electric service territory. That
Agreement is also necessary in order for United Electric to prevent otherwise illegal
encroachments into its exclusive service territory.
It is United Electric's long-standing policy to strictly enforce terms of its general service
territory agreements, including the current general agreement between it and the City of Burley.
Unfortunately, it is apparent that the City has now installed electric service lines and has
commenced, or is about to commence, service to the Suntado site in United Electric's service
territory. Absent our proposed Customer Allocation Agreement, such actions are in violation of
our general service territory agreement. In my November 2,2022,letter, United Electric offered
to allow the City to provide such service under the very specific terms of the tendered Customer
Allocation Agreement. Unfortunately, the City has ignored United Electric's offer and continues
to construct and maintain its illegal encroachment into United Electric's service territory.
By this letter we reiterate our November 2,2022, offer. However, we expect the City to
return the executed Customer Allocation Agreement (or to demonstrate to our satisfaction that
the City is in the process of executing the same) within ten days of receipt of this letter. If the
City does not agràe to the proposed õustomer Allocation Agreement that was tendered on
November 2, United Electric will be forced to proceed to the tdaho Public Utilities Commission
to obtain an enforcement order requiring the City's compliance with our general service territory
agreement. Violations of the service territory agreement are subject to the Commission's
exclusive jurisdiction and result in a non-discretionary order requiring "the removal of any
electric connections, facilities or equipment that constitute the violation." (ldaho Code $ 6l-
3344)
Page I of2
We look forward to the City's continued compliance with our general service territory
agreement. And, as noted above we are willing allow the City to serve this new large load - but
only pursuant to the very specific terms of the proposed Customer Allocation Agreement
tendered to you on November 2nd.
I am available at your convenience if you have any questions.
Sincerely,
Michael Darrington
General Manager
United Electric Co-op, Inc
[phone]
[e-mail]
Cc:Mark Mitton (City of Burley)
Chris Seibold (United Electric)
Trevor Parke (United Electric)
Page2 of2
BEFORE THE
IDAHO PUBLIC UTILITIES
COMMISSION
UNITED ELECTRIC CO-OP, [NC.,
Complainant,
THE CITY OF BURLEY, IDAHO,
Respondent.
Docket No
UNITED ELECTRIC CO-OP INC.'s
FORMAL COMPLAINT FOR VIOLATION
OF CONTRACT ENTERED INTO
PURSUANT TO THE IDAHO ELECTRIC
STABILIZATION ACT
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UNITED ELECTRIC CO-OP'S
EXHIBIT NO. 1I
Regular City Council Meeting, agenda and minutes. City of Burley January 17,2023.
REGTJLAR BURLEY CITY COUNCIL MEETING
CITY HALL
1401 Overland Avenue
Burþn ld¡ho
Jrnurry 17,2U23
SPECIAL }ICETIIIG
6:3O p.m.
ACTIOT ITETI
Idalp CodG 71-206 (1) (e) To consider hiring a publíc officer, employee, staff member or individual agenÇ
whercin the respective qualities of indMduals arc to be evaluated in order to fill a particular vacäncy or need.
This paragraph doæ not apply to filling a vacancy in an elective office or delibentions about stafflng needs in
general.
REGULARAGENDA
REGIILAR SESSION AT 7:fi1P.M.
CONSENT CALENDAR
1. ACTIOT fTEH l.e tlrml¡gh c. Items on the Consent Calendar are considered to be routine and
enacted by one motion. Any item may be removed for discussion and made a part of the rcgular
agenda at the request of a member of the Council. Any requæt shall be made afrer the C.onsent
Calendar is rcad and beúorc action is taken.a. APPROYAL OF HIIIUTES FROII RÊGUI¡R, A.TID SPECTåI IIEEII]IGS
b. lllJs PAYAII¡ Ja60¡57.95.
G. PAY'ROIL Ef{DIt{G Al t2l2l22 FOR 3236{O2"4{t
2. ACTIOil fTE]{ ETSAnnual Report
3. ACIIOT ITEH KniÞ River RentalAgreement
4. AGIIOIIIIIIi Elids on Nw Plckup for Flrc Chief
5. ACTIOil ITEH Letter to ldaho PUC
6. ågI¡Ot IIfË Bucket Truck Bid
7, âCIIQ¡LIIIIi Enterprise Fleet Leasing8. Report and Discussion of Recent City Events
Informaüon IHn¡
BUILDI¡IG PËRITIITS¡
Alto Magic Valley
Miranda Gibson
Brennen Jones
2600 Washington
49-50 Wauna Msta
47-ß Wauna Vista
Addition
Multi-Family
Multi-Family
Cudis Bennett
Mark Mitton
Chlef Tdman
Brent Wallin
Brcnt Wallin
Rid< @rner
$1,000,000.00
$516,000
$630,000
City Hall is accessible to persons with disabilities. Any person with disabilities desiring accommodation forthe
City Council meetings, please contact City Hall ît878-2224 at least 48 hours prior to the meeting.
SPECIAL AND REGULA.R BURLEY CITY COUNCIL MEETTNG
CITY HALL
Jrnuery t7,2023
COMMANCE MEETING
Council met in special session at 6:30 p.m. with Mayor Ormond presiding. Council members present were
Casey Andersen" John Craner, Janet Hansen, Kimberli Seely, and Jim Powell.
EXECUTIYA SESSION
A motion was made by Cotrncil member Casey Andersen and seconded by Council member Janet Hansen to go
into executive session on a personnel matter, pursuarit to Idaho Code Section 74'206 (1) (a)
Roll Catl Votes:
The results of the votes \¡vele as follows:
Casey Andersen
Janet Hansen
Jim Powell
John Craner
Kimberli Seely
Aye
Aye
Aye
Aye
Aye
Motion carried.
A discussion was held on this matter.
Executive session adjourned 6:58 p.m.
Council reconvened at 7:00 p.m.
Council met in regular session at 7:00 p.m. with Mayor Ormond presiding. Corurcil members present were
Casey Andersen, John Craner, Janet Hansen, Kimbsrli Seely, and Jim Powell.
City Staffpresent were as follows: City Administrator Mark Mitton, Attorney Dave Shirley, Sexton Dave
Allred, Waste \ilater Treaûment Director Dustin Raney, Economic Development Specialist Doyg Manning
(excused), Golf Pro Scott Draper, Engineer Dave Waldron, Building Inspector Gary Pawsor¡ Engineer Bryan
Èeiter, Fire Chief Shannon Tolmarç Electrical Supervisor Brent Wallin, Parks Supervisor Brent
'TV'inn,(excused), Librarian Tayce Robinson, Sanitation Supervisor Eric Pufahl, Street Supervisor Korky
Blackner, Shop Supervisor Rick Garner, Deputy Chief Casey Harman, Deputy Jared Thompson' and Hr¡nan
Resource Ca¡ol Anderson.
N\TVOCATION
The Invocation was offered by Council member Seely followed by the Pledge to the Flag.
CONSENT CALENDAR
l. Items on the Consent Calendar are considered to be routine and enacted by one motion. Any item may
be removed for discussion and made a part of the regular agenda at the request of a member of the
Council. Any request shall be made after the Consent Calendar is read and before action is taken.
T. APPROVAL OF MTNUTES FROM REGT]LAR AIID SPECIAL MEETTNGS
b. BILLS PAYABLI ${60.457.95.
C. PAYROLL EI\IDING NNN| FOR $236.402.40
Informrüon lbm¡
BTI¡LDI¡IG PERIIXTS:
Alto Magic Valley
Miranda Gibson
Brennen Jons
2600 Washington
49-50 Wauna Vista
4748 Wauna Vista
Addition
Multi-Family
Multi-Family
Aye
Aye
$1,00CI,000.00
$516,000
$630,000
A motion was made by Council member Hansen and seconded by Council member Seely to accept the Consent
Calendar as written and pay the bills.
Roll Call Vote.
The results of the votes wens as¡ follows:
Jim Powell Aye
Kimb€rli Seely Aye
Janet Hansen Aye
Motion ca¡ried.
Roll Call Vote
The results of the votes were as follows:
John Craner Aye
Casey Andersen Aye
Jim Powell Aye
Motion carried.
ETS AI{NUAL REPORT
Jacob Johnson gave a report to show that they are following the lease agreement. ETS stated that they are on
schedule with the lease agreement. Jacob went on to explain how the program has been expanded and how
many people they are able ûo señ/e.
Fib€r was also discussed and speed levels. ETS stated how they are going to charge for their services for the
area. Affordable Connectivity was discussed and how to get more people to participate in affordable
connectivity.
KFIT'E RTYER RENTAL AGREEMENT
The city o*o, *o*JprCIperty out on 300 West and were approached by Knife River company to lease the
property ûo store crushed rock for sealing roads for this coming spring and summer. The company will be
teasing the property for $500.00 a month for four months, April ls to July 3ls.
Questions were asked about how it would affect the envfuonment. It was stated that there was no environmental
issues with what the company is planning to do.
A motion was made by Council member Andersen and seconded by Council member Craner to approve the
Ifuife River Rental Agreement.
John Craner
Casey Andersen
Kimb€rli Seely
Janet Hansen
Aye
Aye
BIDS ON NEW PICKUP FOR FIRE CHIEF
Chief Tolman stated that every five years there is a plan to replace the Chief rig. Deputy Chief Harmon has
been using a 2001 Ford Explorer that had other uses before. The Ford Explorer is starting to have some issues
so there is a need to replace the vehicle.
The Fire deparhnent had obtained three bids, the lowest bid was the GMC $51,847.70. Not only was it the
lowest bid but the vehicle is available to purchase now. The other bids were discussed briefly.
The Dodge that the Chief has been using will be passed down to the Deputy Chief. There was a discussion
about how much it vrill cost to put all the gear, lights and stripping for the Fire Chief to run the truck. This will
be paid for by some money that the Fire Deparfnent got from covering wild fires along with some allocation
funds.
A motion was made by Cotrncil member Craner and seconded by Cormcil member Seely to approve the
purchase the new pickup for Fire Chiet staying within the budget, and allow the mayor to sign it.
Roll Call Vote
The results of the votes were r¡s follows:
Janet [Iansen Aye
Jim Powell Aye
Casey Andersen Aye
Kimberli Seely
John Craner
Aye
Aye
LETTERTO IDAIIO PUC
lt was explained that the Electric Deparhnent is fying to fix an agreement with United Electric to expand
services to the citizens in a safe m¿ulner. It was explained th¿t the city is working with a legal firm from Idatro
Falls to work on this project. The attomeys have come up with a lett€r ûo send ûo ldaho PUC. The letter ïvill be
given to City Council so that they can review it before it goes to the Public Utilities Commission. The hope is
that the Public Utilities Commission will cancel the agreement that is in place now from 1986 so that city can
renegotiate the agreement to help the city grow.
A zoom meeting to talk to the attorney from ldaho Falls will be presented at the next city council meeting,
along with the letter to be approved by cþ council.
BUCKET TRUCK BII)
This item witl be tabled for the next meeting at the breakdown of the pricing is not available.
ENTERPRISE FLEET LEASING
This has been a long process several leasing options have been looked at. It was explained that a quote with
terms would be sent over to the city before the vehicle is leased. It is a Sourcewell Contract that the clty has
worked with before. The lease terms are annual and renewal. It was explained that only trucks will be leased
through this prograrn. At the end of the lease if there is equity in the vehicle, we get the equity if not then would
have to pay. It is hoped that this will be a short-term plan as the city is unable to get government discount
vehicles at this time. The city will start small with this program to see how it goes, five or six tn¡cks. Crew cab
hucks to start.
The maintenance of the vehicles would be taken care of by the sta.ff.
A motion was made by Council member Craner and seconded by Council member Andersen to approve the
Master Equity Lease Agreement with Enterprise together with its two proposed amendments and authorize the
mayor to sign it.
Roll Call Vote
The results of the votes were as follows:
Janet Hansen Aye
Kimberli Seely Aye
John Craner Aye
Jim Powell
Casey Andersen
Aye
Aye
REPORT AND DISCUSSION OF RECENT CITY EVENTS
lt was reported by Council member Craner that the Spudman is fult. There we¡e 350 slots available for sprint.
Regishation opened at noon, on January 1,2023,and all spots were filled in 17 minutes. 2000 spots for
Olympic level racing were filled by 3:M PM the same day. It is a race th¿t is in high demand, however it is felt
that the Lion's club can not push the limits higher on these slots for the race for safety ¡ear¡otlfi.
Jacob added that ETS could add some connectivity and equip'ment to extend wireless coverage for the race.
ETS ïvill donate about $l1,000 to help with this problem. The hope is thaf the city will help with the project.
This will be on the agenda in the futr¡re.
Council member Andersen talked about a new fire facility in Utah that he visited and would like to share with
the Fire Deparhnent.
A motion was made by council member Andersen and seconded by Council member Seely to adjourn the
meeting at 8:25 P.M.
All "Aye"
Motion carried.
City of Burþ
Mayor Ormond
ATTEST:
Cify Clerk
BEFORE THE
IDAHO PUBLIC UTILITIES
COMMISSION
LTNITED ELECTRIC CO-OP, INC.,
Complainant,
V.
THE CITY OF BURLEY, IDAHO,
Respondent.
Docket No.
UNITED ELECTRIC CO-OP INC.'s
FORMAL COMPLAINT FOR VIOLATION
OF CONTRACT ENTERED INTO
PURSUANT TO THE TDAHO ELECTRIC
STABILIZATION ACT
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UNITED ELECTRIC CO-OP'S
EXHIBIT NO. 12
Exhibit 12 consists of the following three pages.
Exhibit l2
Page I of4
EXHIBIT 12,page2 oî 4.
United's service territory is to the left (west) of the Burley/United boundary line that runs along
the railroad tracks and then jogs to the west along the northern border of the site. The red line
("City of Burley Service Line") is the new service line recently constructed by the City of Burley
from its existing line on 16th street. United serves all of the homes on 16th street shown on this
map, including the home in the southeast corner of the Customer Property/Plant Site. The City
serves all of the mobile homes shown on the map that are on the east side of the railroad tracks.
The shown on the northwest corner of the is old U.S. 30
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Exhibit 12
Page2 of 4
Exhibit 12 page 3 of 4.
New City of Burley service pole in United Service Territory on Suntado site
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Exhibit 12
Page 3 of4
EXHIBIT 12, page 4 of 4
Exhibit 12
Page 4 of4