Idaho State Statutes - Idaho Attorney Directory

AUTHORIZING CONTRACTS AMONG ELECTRIC SUPPLIERS TO RESOLVE
TERRITORIES, CONSUMERS AND TO TRANSFER FACILITIES. (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. The territories and consumers so
allocated and designated may include all or any portion of the territories and
consumers which are being served by any or all of the contracting electric
suppliers at the time the contract is entered into, or which could be
economically served by the then existing facilities of any contracting
electric supplier, or by reasonable and economic extensions thereto. 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 cooperatives, between cooperatives and public utilities and between
public utilities. The commission shall, after notice and opportunity for
hearing, review and approve or reject contracts between municipalities and
cooperatives, as well as between municipalities and public utilities, provided
however, the commission shall have jurisdiction only over cooperatives and
public utilities in such approvals. The commission shall approve such
contracts only upon finding that the allocation of territories or consumers is
in conformance with the provisions and purposes of this act.
(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.

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