20021106Party Letter.doc

November 6, 2002

To: Parties of Record

Re: Case No. GNR-E-02-2, Determination of Pole Attachment Rate Formula

Dear Interested Parties:

Thank you for your interest and participation in this case to consider pole attachment rate formulas to present to the Commission. The workshop held in Boise and the comments filed following the workshop were helpful in identifying the issues involved in selecting a pole attachment rate formula.

As you know, this case was initiated after a separate case had been commenced to resolve a pole attachment dispute between Cable One, Inc. and Idaho Power Company, Case No. GNRE012. The parties in that case asked the Commission to open the broader proceeding believing that it would be efficient for the Commission to determine one rate formula to resolve all pole attachment disputes. Although the workshop and participation by the parties in the broader case have been helpful, Cable One, Idaho Power, and the Commission Staff, now believe the best way to proceed is to ask the Commission to determine a rate for Cable One and Idaho Power. As some parties commented, that approach is consistent with Idaho Code § 61-538, which authorizes the Commission to resolve individual pole attachment disputes.

The parties in the Cable One complaint case, Case No. GNR-E-01-2, plan to file a stipulation asking the Commission to approve a procedure for resolving the dispute between Cable One and Idaho Power. It should be possible to present that case to the Commission by written brief and oral argument and obtain a resolution by the end of the year or shortly thereafter. Accordingly, I believe the broader proceeding, Case No. GNR-E-02-2, should sit idle pending the resolution by the Commission of the Cable One case. Following resolution of the complaint case, the broader proceeding, Case No. GNR-E-02-2, can be revived should any of the parties believe it beneficial.

Again, thank you for your participation in Case No. GNR-E-02-2. Please contact me at telephone [phone] if you have any questions.

Sincerely,

Weldon B. Stutzman
Deputy Attorney General