20030708Application.pdf

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TUFT LAw OFFICE, P.
1918 OVERLAND AVENUE
P. O. Box 759
BURLEY. IDAHO 83318
TELEPHONE, [phone]
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2003 JUL -3 M1 8: 3L~
STEVEN A. Tuff
ATIORNEY AT LAw
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FACSIMILE [phone]
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July 2 , 2003
Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
O. Box 83720
Boise, Idaho 83720 C'JI ~~ .L - rJ
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Re:Heyburn - Riverside Electric Territory Agreement Approval
Dear Ms. Jewell:
Enclosed are the original and seven copies of the petition seeking approval of
the Territory Agreement between the City of Heyburn and Riverside Electric
Company.
Thank you.
Sincerely,
TUFT LAW OFFICE, P.
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enclosurescc: Hon. Cleo K. Cheney wi Enc.
Ken Stephens, Riverside Electric wi Enc.
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L.,Steven A. Tuft
TUFT LAW OFFICE , P.
1918 Overland Avenue
Post Office Box 759
Burley, Idaho 83318
Telephone: [phone]
Facsimile: [phone]
Idaho State Bar No. 1785
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UTIL lfIES COi'\i'1!SSION
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Attorney for City of Heyburn
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Case No. ();(R,I:~ 03-In the Matter of the Application of
Riverside Electric Company and the
City of Heyburn for an Order Approving
a Service Territory Agreement betweenthe Applicants.
APPLICATION
Pursuant to Rule 51 of the IPUCRP , and Idaho Code 9 61-333,
Riverside Electric Company ("Riverside ) and City of Heyburn ("Heyburn
respectfully apply for Commission approval of a Service Territory Agreement
between Riverside and Heyburn on the grounds and for the following reasons:
On December 8, 2000 , the Idaho Legislature, meeting in special
session amended the Idaho Electric Supplier Stabilization Act, 9961-332 through 61-
334B of the Idaho Code Idaho Code 9 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.
APPLICATION -
C:IDocuments and SettingslStevelMy DocumentsIHEYBURNIRiverside.Heyburn.IPUC.App.wpd
This joint Application is filed with the Commission for approval. While municipalities
are not required to obtain such approval of the Commission for Service Territory
Agreements, cooperatives are and the City desires to voluntarily comply with the
purposes of the Electric Supplier Stabilization Act so that the below referred to
Territory Agreement may receive Commission approval.
The Petitioners have entered into a Territory Agreement.
Riverside and Heyburn seek approval of the Commission of the existing Territory
Agreement. A copy of that agreement is attached as Exhibit 1.
The Agreement was negotiated between the parties in order to
settle a service territory between the parties, provide for stability of service with
consumers , to eliminate duplication of services and to provide safety in the
respective territories.
For the foregoing reasons and to fulfill the requirements of Idaho
Code 9 61-333 Riverside and Heyburn request the Commission, after notice and
hearing, approval of the Agreement pursuant to law.
DATED this 2nd day of July, 2003.
TUFT LAW OFFICE, P.
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teven A. Tuft
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Attorney for City of Heyburn
APPLICATION - 2
C:IDocuments and SettingslStevelMy DocumentsIHEYBURNIRiverside.Heyburn.lPUC.App.wpd