20240314Comments of the Commission Staff.pdf

ADAM TRIPLETT
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 10221
Street Address for Express Mail:
11331 W CHINDEN BLVD, BLDG 8, SUITE 201-A
BOISE, ID 83714
Attorney for the Commission Staff
ECEIVED
202t, HIAR 14 AM 11: 4.5
C.- MIISSION
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF AVISTA'S
APPLICATION FOR APPROVAL OF AN ) CASE NO. AVU-E-24-01
AGREEMENT ALLOCATING TERRITORY )
WITH KOOTENAI ELECTRIC )
COOPERATIVE ) COMMENTS OF THE
COMMISSION STAFF
COMMISSION STAFF ("STAFF") OF the Idaho Public Utilities Commission, by and
through its Attorney of record, Adam Triplett, Deputy Attorney General, submits the following
comments.
BACKGROUND
On January 8, 2024, Avista Corporation dba Avista Utilities ("Company") applied for
approval of a Service Area Allocation Agreement ("Agreement") between the Company and
Kootenai Electric Cooperative, Inc. ("KEC"). The Agreement, which the Company and KEC
entered pursuant to the Electric Supplier Stabilization Act ("ESSA"), addresses the allocation of
service territory within the Prairie Crossing Regional Shopping Center in Post Falls, Idaho
("Development").
The Agreement allocates four lots within the Development to the Company and ten lots
to KEC.
STAFF COMMENTS 1 MARCH 14, 2024

The Company represents that the Commission approved a similar agreement between
Avista and KEC allocating territory in a commercial development in Case No. AVU-E-05-02.
As set out in Idaho Code § 61-332(2), the purposes of the ESSA are to: (1) promote
harmony between electric suppliers; (2) prohibit the "pirating" of consumers; (3) discourage
duplication of electric facilities; (4) actively supervise the conduct of electric suppliers; and (5)
stabilize service territories and consumers.
The Company asserts that approval of the Agreement will avoid unnecessary future
disputes, needless duplication of facilities, and ensure provision of the best possible service to
the parties' respective customers.
STAFF ANALYSIS
Based on its review, Staff recommends the Commission approve the Agreement
allocating territory between the Company and KEC. Staff reviewed the Application and
Agreement to ensure conformance with the ESSA. Additionally, Staff reviewed the Application,
exhibits, and previous agreements to determine locations of both the Company's and KEC's
nearest service lines and territories. Under the Agreement, KEC will serve Block Two Lots 1-10
and the Company will serve Block Two Lots 11-14 at the Prairie Crossing Regional Shopping
Center. Staff believes the Agreement is fair and reasonable, conforms with the ESSA, avoids
duplication of services, stabilizes service territories and customers, and promotes harmony by
avoiding interconnection disputes. Idaho Code § 61-332(2).
STAFF RECOMMENDATION
Staff recommends the Commission approve the Application and Agreement allocating
territory between the Company and KEC, finding that the Agreement conforms with the
provisions and purposes of the ESSA.
Respectfully submitted this 14th day of March 2024.
Adam Triplett
Deputy Attorney General
Technical Staff. Kevin Keyt
1:\Utility\UMISC\COMA4ENTSWVU-E-24-01_Commmts docx
STAFF COMMENTS 2 MARCH 14, 2024

CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 14TH DAY OF MARCH 2O24,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN CASE
NO. AVU-E-24-01, BY E-MAILING A COPY THEREOF TO THE FOLLOWING:
PATRICK EHRBAR
DIR OF REGULATORY AFFAIRS
AVISTA CORPORATION
PO BOX 3727
SPOKANE WA 99220-3727
E-mail: vatrick.ehrbarQavistacom.com
avistadocketsQ,avi stacoro. com
MICHAEL ANDREA
SENIOR COUNSEL
AVISTA CORPORATION
PO BOX 3727
SPOKANE WA 99220-3727
E-mail: michael.andreaQavistacorv.com
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Secretary'
CERTIFICATE OF SERVICE