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HomeMy WebLinkAbout20160623AVU to Staff Summary of Rate Orders.pdf1 Summary of Rate Orders Avista Corporation Q1 2015 Purpose: This report summarizes the findings and rulings of the various state Utility Commissions as they apply to Avista Corporation. These rate orders are available from the different state Utility Commission websites that Avista provides service, including: • Oregon – www.puc.idaho.gov • Washington – www.utc.wa.gov OREGON Case No. UG 284 Order No. 15-0547 (02/23/15) Background: On September 2, 2014, Avista filed for a general rate increase in Oregon for retail customers. The Commission suspended Avista’s filing until July 3, 2015 for investigations. A public meeting to take public comments on the proposed rate increase was held on December 11, 2014. The meeting was held simultaneously in White City, and Grants Pass, Oregon, with the Commissioners participating via video conference from Salem. In addition, the Commission received public comment via telephone, e-mail, and U.S. Mail. Following settlement discussions, Avista, Staff, CUB, and NWIGU filed an all-party stipulation on January 21, 2015, to resolve all issues in this docket. On January 28, 2015, the parties filed joint testimony in support of their stipulation. On January 29, 2015, Staff filed its own testimony in support of the stipulation, together with witness affidavits. The stipulation, joint testimony, and Staff’s testimony were received in evidence. On February 23, 2015, the Commission rejected Avista’s all-party settlement stipulation, for the requested General Rate Revision. The Commission rejected the stipulation due to concerns related to proposed early rate implementation credit, rate spread, and customer count tracking mechanism. The Judge is directed to convene a prehearing conference to set a schedule for further proceedings. http://apps.puc.state.or.us/orders/2015ords/15-054.pdf Case No. UM 1012 Order No. 15-057 (02/24/15) Background: At its public meeting on February 24, 2015, the PUC of Oregon Staff recommended the Commission issue an order setting the annual fee rate at 0.25 percent of 2014 gross operating revenues for electric, natural gas, water, and wastewater utilities. 2 Effective March 1, 2015, the Commission issued an order to impose annual Regulatory Fees upon Public Utilities operating within the State of Oregon. The annual fee assessment rate is 0.25 percent in 2015 for electric, natural gas, water, and wastewater utilities. http://apps.puc.state.or.us/orders/2015ords/15-057.pdf Case No. LC 61 Order No. 15-063 (03/02/15) Background: on August 29, 2014, Avista filed its 2014 IRP. After rounds of comments filed by Staff, CUB, and Avista, the Staff presented its final recommendation on Avista’s 2014 IRP at the February 24, 2015 Public Meeting. On March 2, 2015, the Commission issued an order in the matter of Avista’s 2014 Integrated Resource Plan (IRP). The order acknowledged the IRP with certain revisions and additional requirements as follows: 1. Supply Side Actions a. No Major Resource Acquisition 2 Demand Side Actions a. By May 1, 2015, in addition to those items specified in Order No. 13-159, Avista shall file for Commission approval specific DSM targets for the next two to four years. As part of the filing, Avista should: i. Provide Total Resource Cost (TRC) benefit/cost ratios (BCR) and utility cost test (UCT) BCRs for each measure and program that has a TRC or UCT BCR of less than one; ii. Provide projected achievable savings for each measure and program identified in item a. above; and. iii. Recommend which, if any, measures it is requesting an exception for under docket UM 551, Order No. 94-590. b. Participate in NEEA’s new gas market transformation initiative, and in the next, IRP include and note specific gas market transformation savings potential that are part of the achievable resource potential. Additional Commission Directives: 1. As part of its next IRP process, Avista must convene workshops with Staff and stakeholders to explore how best to model major resource acquisitions and major capital investments. 2. For the next IRP, Avista must work with Staff and stakeholders to resolve forecasting methodology concerns, and seek to identify the most reliable methodology so that future resource needs may be clearly identified. 3. In its next IRP, Avista must include a clear presentation of how Avista decides which distribution system projects to include in the IRP, and a clear description of the included projects, along with a justification for recommending or proceeding with the projects. 4. As part of its next IRP process, Avista must convene discussions with Staff and stakeholders to discuss potential impacts associated with: 1) new regulations to reduce methane emissions; and 2) potential increases in natural gas prices stemming from 3 increased demand for natural gas for generation under Section 111(d) of the Clean Air Act. http://apps.puc.state.or.us/orders/2015ords/15-063.pdf WASHINGTON Case Nos. UE-150204 and UG-150205 Order No. 01, 02, 03 Background: On February 9, 2015, Avista, filed with the UTC revisions to its currently effective Tariff WN U-28, Electric Service, the stated effective date is March 12, 2015. The purpose is to increase rates and charges for electric and gas service provided to customers in the state of Washington. On February 20, 2015, the Commission issued a Complaint and Order suspending Tariff Revisions and an Order of Consolidation for Dockets UE-150204 and UG-150205 in Avista’s General Rate Case. On February 20, 2015, the Commission issued a Protective Order in Dockets Confidentiality Agreements will have to be signed and returned in order to receive confidential materials and discovery items. On March 16, 2015, the Commission issued a Prehearing Conference Order and Notice of Hearing, set for October 5-8, 2015. The Procedural Schedule is found in Appendix B. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=258&year=2015&docketNumber=150205 http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=285&year=2015&docketNumber=150204 http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=332&year=201 5&docketNumber=150204 1 Summary of Rate Orders Avista Corporation Q2 2015 Purpose: This report summarizes the findings and rulings of the various state Utility Commissions as they apply to Avista Corporation. These rate orders are available from the different state Utility Commission websites that Avista provides service, including: • Oregon – www.puc.idaho.gov • Washington – www.utc.wa.gov OREGON Case No. UG 284 Order No. 15109 (04/09/15), 15171, 15170 Background: On September 2, 2014, Avista filed for a general rate increase in Oregon for retail customers. The Commission suspended Avista’s filing until July 3, 2015 for investigations. A public meeting to take public comments on the proposed rate increase was held on December 11, 2014. The meeting was held simultaneously in White City, and Grants Pass, Oregon, with the Commissioners participating via video conference from Salem. In addition, the Commission received public comment via telephone, e-mail, and U.S. Mail. Following settlement discussions, Avista, Staff, CUB, and NWIGU filed an all-party stipulation on January 21, 2015, to resolve all issues in this docket. On January 28, 2015, the parties filed joint testimony in support of their stipulation. On January 29, 2015, Staff filed its own testimony in support of the stipulation, together with witness affidavits. The stipulation, joint testimony, and Staff’s testimony were received in evidence. The Commission issued a final order that approved the amended settlement stipulation between Avista, Commission Staff, CUB and the Northwest Industrial Gas Users. http://apps.puc.state.or.us/orders/2015ords/15-109.pdf On June 4, 2015, the Commission issued a Fund Grant request for CUB in the amount of $20,425.20. http://apps.puc.state.or.us/orders/2015ords/15-171.pdf On June 4, 2015, the Commission issued a Fund Grant request for NWIGU in the amount of $31,686.81. http://apps.puc.state.or.us/orders/2015ords/15-170.pdf 2 Case No. UG 288 Order No. 15141 (05/06/15), 15143 Background: On May 1, 2015, Avista filed a request for General Rate Revision and a motion for a general protective order. Avista states that the order is needed to protect commercially sensitive and confidential business information related to the company's request. Specifically, Avista anticipates parties will seek confidential information including propriety cost data and models, commercially sensitive load and resource projections, confidential market analyses and business projections, confidential employee data, and confidential contract information. Avista adds that the order will facilitate the projection of relevant information and expedite the discovery process. http://apps.puc.state.or.us/orders/2015ords/15-141.pdf On May 6, 2015, the Commission issued a Notice of Prehearing Conference and the tariff sheets were suspended, not to exceed nine months from June 3, 2015. http://apps.puc.state.or.us/orders/2015ords/15-143.pdf http://apps.puc.state.or.us/orders/2015ords/15-143.pdf Case No. LC 61 Order No. 15186 (06/09/15) Background: On August 29, 2014 Avista filed its 2014 Integrated Resource Plan (IRP). In the matter of Avista’s 2014 IRP, the Commission issued an order to approve CUB’s issue grant request in the amount of $5,225.30. http://apps.puc.state.or.us/orders/2015ords/15-186.pdf WASHINGTON Case Nos. UE-150204 and UG-150205 Order No. 01(02/20/15), 02 (02/20/15), 03 (03/16/15) Background: On February 9, 2015, Avista, filed with the UTC revisions to its currently effective Tariff WN U-28, Electric Service, the stated effective date is March 12, 2015. The purpose is to increase rates and charges for electric and gas service provided to customers in the state of Washington. 3 On February 20, 2015, the Commission issued a Complaint and Order suspending Tariff Revisions and an Order of Consolidation for Dockets UE-150204 and UG-150205 in Avista’s General Rate Case. On February 20, 2015, the Commission issued a Protective Order in Dockets Confidentiality Agreements will have to be signed and returned in order to receive confidential materials and discovery items. On March 16, 2015, the Commission issued a Prehearing Conference Order and Notice of Hearing, set for October 5-8, 2015. The Procedural Schedule is found in Appendix B. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=258&y ear=2015&docketNumber=150205 http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=285&year=2015&docketNumber=150204 http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=332&y ear=2015&docketNumber=150204 Case Nos. UE-131056 Order No. 02 (6/25/15) Background: On May 31, 2013, Avista initiated this docket by filing with the Commission a Renewable Report under RCW 19.285.070 and WAC 480-109-210 (RPS Report). Based on its average annual load for 2011 and 2012, Avista reported that its 2013 renewable energy target was 166,740 megawatt-hours (MWh). In Order 01 in this docket, dated Sept. 9, 2013, the Commission accepted Avista’s calculation of its 2013 target. On June 25, 2015, the Commission issued an order for Avista’s Final 2015 Renewable Compliance report under RCW 19.285.070 and WAC 480-109-210, the order acknowledges compliance with 2013 Renewable Energy Target. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=45&yea r=2013&docketNumber=131056 Case Nos. UE-140188 & UG-140189 Order No. 06 (06/25/15) Background: On November 25, 2014, the Washington Utilities and Transportation Commission (Commission) entered a final order rejecting the tariff filing of Avista 4 Corporation d/b/a Avista Utilities (Avista or the Company), accepting with conditions a full settlement stipulation (Settlement), authorizing tariff filing, and requiring compliance filings in Dockets UE-140188 and UG-140189 (Order 05). Among other things, the Settlement required Avista to meet with the Commission’s regulatory staff (Staff) and other interested parties to develop and implement appropriate service quality metrics, customer guarantees and reporting, with the agreed upon tariff revisions filed on or before June 1, 2015, with a program in place on July 1, 2015. On May 29, 2015, Avista filed its proposed Service Quality Measures (SQM) Program (SQM Filing) language and accompanying tariffs, after discussions with Staff, Public Counsel, and The Energy Project on six separate occasions. Staff and Public Counsel filed responses to the Company’s SQM Filing on June 10, 2015. Avista filed comments in reply on June 17, 2015 (Avista’s Reply). The Commission issued a final order approving Avista’s Service Quality Measures program compliance filing. Avista will implement customer guarantee credits-(07/01/15) Avista will provide potential natural gas SQM report see the attached responsibility matrix-(12/30/15) Avista will guarantee credits borne by shareholders. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=1140& year=2014&docketNumber=140188 http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=553&y ear=2014&docketNumber=140189 Case Nos. UE-140188 & UG-140189 Order No. 07 (06/25/15) Background: On November 25, 2014, the Washington Utilities and Transportation Commission (Commission) entered a final order rejecting the tariff filing of Avista Corporation d/b/a Avista Utilities (Avista or the Company), accepting with conditions a full settlement stipulation (Settlement), authorizing tariff filing, and requiring compliance filings in Dockets UE-140188 and UG-140189 (Order 05). Among other things, Order 05 required Avista to double its funding increase for the Company’s Low-Income Rate Assistance Program (LIRAP) from the amount proposed in the Settlement. The settlement provided that the parties would work together to develop mutually agreed upon additions and modifications to LIRAP. Order 05 provided that if the Parties could 5 not agree upon modifications or additions to the program they would file alternative or competing proposals with the Commission no later than June 1, 2015. On June 25, 2015, the Commission issued a final order granting the Joint Petition and approving modifications and additions to Avista’s Low-Income Rate Assistance Program compliance filing. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=1143& year=2014&docketNumber=140188 http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=556&y ear=2014&docketNumber=140189 Program Modifications The first modification provides funding as a fixed annual budget, rather than collecting and allocating funding to Community Action Agencies on a variable monthly basis. To accomplish this, Avista will make an annual true-up filing to ensure recovery of the annual budget each year. The total LIRAP revenue requirement will continue to be set in a GRC or other proceeding. Unspent funds will remain available for the next program year. This change will benefit Community Action Agencies by enabling them to know their fixed annual allocations by the end of May each year, and to budget accordingly. Second, Avista will establish an ongoing energy assistance program advisory group to continue to monitor and explore ways to improve LIRAP. The group will hold at least two meetings per year. The costs of convening the advisory group will be recovered through general rates, not through Schedules 92 and 192, which fund the LIRAP electric and gas programs. Finally, the Parties propose various other changes. Notably, administrative changes will improve communication between Avista, the Community Action Agencies, and program participants. Program Additions As an addition to the current LIRAP program, the Parties propose a pilot rate discount program for seniors and customers with disabilities. The Parties believe the addition of this program will enable LIRAP to reach more senior customers than the current program alone, lower these customers’ energy burden, and may be more effective in preventing disconnections than a one-time grant. Fixed-income seniors and fixed-income customers with a disability whose household income is between 126-200% of the federal poverty line (FPL) will be eligible for this 6 pilot program. The program will provide a rate discount with an average benefit of $300 per participant per program year. Up to 800 customers will be eligible to participate from October 1, 2015 to September 30, 2017. The program’s budget is $700,000, which includes $50,000 for a third-party evaluation. Parties propose to increase LIRAP funding by $350,000 per year to fund this two-year pilot. A total of $210,992 will be recovered annually through electric Schedule 92, and $113,238 through natural gas schedule 192. NWIGU, representing transportation customers on Schedule 146, agreed to contribute $25,770 annually to LIRAP. The Parties also filed a study published by SNAP and Eastern Washington University on the incidence of poverty in Avista’s service territory. This study relies on data from the American Community Survey, which provides an estimated 5-year rolling average household income by census tract. The Parties argue that the study shows that over eight percent of households live below 50 percent of the federal poverty line (FPL), and that over one-third of households in Avista’s service area live below 200 percent of the FPL. In light of this high level of need, and experiences from other states, the Parties plan to continue to discuss the addition of new LIRAP programs. Specifically, the Parties will explore the feasibility of implementing percentage of bill payment and arrearage management plans. Percentage of bill payment plans lower the customer’s energy bill to a set percentage of total household income. Arrearage management plans mitigate the hardship caused by a large arrearage by establishing achievable monthly payments. The Parties intend to investigate these program options further, and file a pilot proposal or status update by January 15, 2017. RFP for third party evaluator due 7/16/15 LIRAP 3rd Party evaluation 12/15/17 1 Summary of Rate Orders Avista Corporation Q3 2015 Purpose: This report summarizes the findings and rulings of the various state Utility Commissions as they apply to Avista Corporation. These rate orders are available from the different state Utility Commission websites that Avista provides service, including: • Alaska – www.rca.alaska.gov • Idaho – www.puc.state.id.us • Montana – psc.mt.gov • Oregon – www.puc.idaho.gov • Washington – www.utc.wa.gov Alaska Nothing to report IDAHO Case No. AVU-E-15-06 Order No. 33350 (07/30/15), Background: On May 13, 2015, Avista Corporation and Clearwater Paper Corporation filed a Joint Petition requesting that the Commission approve an amendment to their Electric Service Agreement approved by the Commission in June 2013. See Order No. 32841. In their amendment dated May 4, 2015, the Parties agreed to make two modifications to their Agreement outlined, in greater detail, in the link below. The Parties requested that their Petition be processed under Modified Procedure with an effective date of August 1, 2015. On June 3,2015, the Commission issued a Notice of Petition and Modified Procedure requesting public comment on the Petition no later than July 17, 2015. Commission Staff was the only party to comment and recommended the Commission approve Amendment No. 1. On July, 30, 2015, the Commission approved the Joint Petition. http://www.puc.idaho.gov/orders/recent/Final_Order_No_33350.pdf Case No. AVU-E-15-01 Order No. 33286 (04/23/15), 33311 (06/02/15), 33357 (08/20/15) Background: On January 30, 2015, Idaho Power filed a Petition asking the Commission to reduce the length of its PURPA contracts from 20 years to two years (Case No. IPC-E- 15-01). The Commission granted Idaho Power interim relief, reducing the term for the 2 utility’s new PURPA contracts to five years while the Commission investigated the matter. Order No. 33222. Shortly thereafter, Avista Corporation and Rocky Mountain each filed petitions seeking the same or similar permanent and interim relief (Case Nos. AVU-E-15-01, PAC-E-15-03). On March 13, 2015, the Commission consolidated the three cases and granted Avista and Rocky Mountain the same interim relief granted Idaho Power. Order No. 33250. On April 23, 2015, the Commission issued order 33286, which denied Simplot and Clearwater’s Joint Petition for Clarification. http://www.puc.idaho.gov/orders/recent/Order_No_33286.pdf On May 7, 2015, the Commission issued a Notice of Public Customer Hearings. The hearings will be held on June 24, 2015 at 7pm in the Commission Hearing Room and on June 30, 2015 at 7pm a telephonic customer hearing will be held, in the Commission Hearing Room. http://www.puc.idaho.gov/orders/recent/Notice_of_Public_Hearings.pdf http://www.puc.idaho.gov/orders/recent/Notice_of_Public_Hearings_Errata.pdf On June 2, 2015, the Commission allowed Ecoplexus to conditionally intervene. The Commission denied Ecoplexus’s motion to Late File Direct Testimony. http://www.puc.idaho.gov/orders/recent/Order_No_33311.pdf On August 20, 2015, the Commission issued a final order to approve Avista’s Petition to reduce the length of its IRP based PURPA contracts to two years and to allow Avista to enter IRP-based QF contracts in excess of two years on a case-by-case basis with appropriate justification. http://www.puc.idaho.gov/orders/recent/Final_Order_No_33357.pdf http://www.puc.idaho.gov/orders/recent/Final_Order_No_33287.pdf 3 OREGON Case No. UM 903 Order No. 15-210 (07/07/15) Background: Avista and the other two Oregon-regulated natural gas distribution companies recover gas costs under an automatic adjustment clause known as the Purchased Gas Adjustment (PGA). The purpose of the PGA is to permit each natural gas utility to adjust revenue annually to reflect actual increases or decreases in gas costs/ On July 7, 2015, the Commission accepted that Avista’s earnings for the 12 months ended December 31, 2014, were calculated correctly, are below the earnings threshold established in UM 903 and there should be no earnings shared in this filing. http://apps.puc.state.or.us/orders/2015ords/15-210.pdf Case No. AR 588 Order No. 15-232 (08/11/15) Background: On August 11, 2015 the Commission adopted a rule, OAR 860-027-0350, to require regulated energy utilities to file depreciation studies no less frequently than once every five years. http://apps.puc.state.or.us/orders/2015ords/15-232.pdf Case No. AR 591 Order No. 15-266 (09/08/15) Background: On July 15, 2015, we filed a Notice of Proposed Rulemaking and Statement of Need and Fiscal Impact for this rulemaking with the Secretary of State, and we provided notice to all interested persons on the service lists established under OAR 860-001-0030(1) (b) and to legislators specified in ORS 183.335(l)(d). Notice of the rulemaking was published in the August 2015 Oregon Bulletin. The notice established a comment due date of August 24, 2015. No comments were filed. On September 8, 2015, the Commission adopted changes to OAR 860-021-0034, 860-021-0036, 860-032-0095, 860-034-0095, 860-036-0095, and 860-037-0095 to implement 2015 Senate Bill 329 changes to 756.310. The changes to ORS 756.310 became effective on June 8, 2015. The changes increase the maximum percentage rate of gross revenues that may be imposed from 25 one-hundredths of one percent (0.25 percent) to three-tenths of a one percent (0.3 percent). http://apps.puc.state.or.us/orders/2015ords/15-266.pdf 4 Case No. LC 61 Order No. 15-288 (09/22/15) Background: On August 31, 2012, Avista Corporation (Avista or Company) filed its 2012 Natural Gas Integrated Resource Plan (IRP). Within the IRP, Avista's DSM Business Plan anticipated that the natural gas DSM portfolio could be marginally cost effective presuming a 25 percent reduction in avoided costs. This presumed decline in avoided costs, was replaced with a new avoided cost forecast that was 50 percent lower than the original forecast leading to a non- cost effective DSM portfolio. Avista filed to suspend its natural gas DSM. On April 30, 2013, within Order 13-159, the Commission directed Avista to continue its DSM programs in Oregon and achieve a minimum savings of 225,000 therms in 2013and 250,000 therms in 2014. In addition, the Commission required that Avista provide additional reporting within two years. On March 2, 2015, the Commission provided additional direction to Avista related to DSM in Order No. 15-063, which acknowledges Avista's 2014 IRP Action plan. Avista filed the required reports on May 1, 2015, in response to the Commission Order Nos. 13-150 in LC 55 and 15-063 in LC61, Upon receipt of the reports, Staff found the reports inadequate and was initially unable to provide a clear recommendation to the Commission based upon the information provided and asked Avista to provide additional follow-up information (Appendix B). Due to recent loss of key planning staff at the Company, Avista requested additional time to respond to questions, over the course of a six-week period, Avista was extremely responsive to Staff's requests, answered all clarifying questions and provided additional data to sufficiently address the requirements in the two orders. On September 22, 2015, the Commission approved Avista’s request for 2015-2016 DSM targets and granted cost effectiveness exceptions to the measures summarized in the following link. http://apps.puc.state.or.us/orders/2015ords/15-288.pdf WASHINGTON Case Nos. UE-150520 Order No. 01(07/30/15) Background: The Utilities and Transportation Commission (Commission), in its Fifth supplemental Order, in Docket UE-011595 (June 18, 2002), authorized Avista Corporation dba Avista Utilities (Avista or Company) to implement an Energy Recovery Mechanism (ERM). The ERM allows for positive or negative adjustments to its rates to account for fluctuations in power costs, outside of an authorized band, for power-cost recovery in base rates. Under the Settlement Stipulation approved by the Commission in the same order, Avista is required to make a filing by April 1 of each year regarding the power costs it deferred the prior calendar year under the ERM. 5 On July 30, 2015, the Commission issued an order regarding Avista’s Energy Recovery Mechanism (ERM) Annual Filing to review deferrals for Calendar Year 2014. The Order recognizes that Avista meets the requirements in Dockets UE-011595 and UE-030751 and Avista has properly calculated the 2014 Energy Recovery Mechanism amount. Pursuant to the terms of the Energy Recovery Mechanism, Avista is authorized to record a 2014 rate-payer deferral or rebate amount of $4,224,011. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=21&year=2 015&docketNumber=150520 Case Nos. UE-150715 Order No. 01 (07/30/15) Background: On May 1, 2015, Avista Corporation (Avista or Company) filed a petition for an order approving a Lease Agreement between the Company and Mobius Science Center (Mobius), a non-profit science center that opened in Spokane in 2012. The Lease Agreement will allow Avista to form an educational partnership with Mobius and fulfill its hydro-dam relicensing requirements to provide educational displays on the operations and environmental aspects of hydro power. The Lease Agreement grants Mobius occupancy of the ground floor of the Post Street Annex, which is a three-story facility. Avista will continue to use the other two floors of the Annex as a supporting facility for the Post Street substation next door. On July 30, 2015, the Commission approved the lease agreement related to the Post Street Annex between Avista and Mobius Science Center. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=15&year=2015&docketNumber=150715 Case Nos. UE-151145 Order No. 01 (07/30/15) Background: The Energy Independence Act (EIA or Act) requires qualifying electric utilities to obtain certain percentages of their electricity from eligible renewable resources. The Washington Utilities and Transportation Commission (Commission) enforces compliance with the EIA by investor-owned utilities. Ultimately, the Commission must determine “whether the utility has generated, acquired or arranged to acquire enough renewable energy credits or qualifying generation to comply with its renewable resource target.” On July 30, 2015, Commission issued an order approving compliance with eligible renewable energy target reporting requirements for 2015. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=59&yea r=2015&docketNumber=151145 6 Case Nos. P-150462 Order No. 01 (08/27/15) Background: The Commission imposes an annual pipeline safety fee pursuant to RCW 80.24.060 and RCW 81.24.090 to meet the costs of its pipeline safety program. RCW 8024.060(1) requires that every gas company and every interstate gas pipeline company subject to inspection or enforcement by the Commission must pay an annual pipeline safety fee to the Commission. RCW 81.24.090(1) requires that every hazardous liquid pipeline company as defined in RCW 81.88.010 must pay an annual pipeline safety fee to the Commission. The fee is determined by the fee methodology established in WAC 480-93-240 (gas) and WAC 480-75-240 (hazardous liquid). On August 27, 2015, the Commission issued an order regarding the pipeline safety fees to be paid to the Commission for fiscal year 2016 (July 1, 2015, through June 30, 2016). Under the provisions of RCW 80.24.060 and RCW 81.24.090, and the fee methodology in WAC 480-93-240 and WAC 480-75-240, are established as set out in Exhibit A, attached to this Order. Avista’s fees are part of the Commission Fees paid in April 2015. No other payments are necessary. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=6&year=20 15&docketNumber=150462 1 Summary of Rate Orders Avista Corporation Q4 2015 Purpose: This report summarizes the findings and rulings of the various state Utility Commissions as they apply to Avista Corporation. These rate orders are available from the different state Utility Commission websites that Avista provides service, including: • Alaska – www.rca.alaska.gov • Idaho – www.puc.state.id.us • Montana – psc.mt.gov • Oregon – www.puc.idaho.gov • Washington – www.utc.wa.gov Alaska Nothing to report IDAHO Case No. AVU-E-15-01 Order No. 33286 (04/23/15), 33311 (06/02/15), 33357 (08/20/15), 33395 (10/08/15), 33419 (11/05/15) Background: On January 30, 2015, Idaho Power filed a Petition asking the Commission to reduce the length of its PURPA contracts from 20 years to two years (Case No. IPC-E- 15-01). The Commission granted Idaho Power interim relief, reducing the term for the utility’s new PURPA contracts to five years while the Commission investigated the matter. Order No. 33222. Shortly thereafter, Avista Corporation and Rocky Mountain each filed petitions seeking the same or similar permanent and interim relief (Case Nos. AVU-E-15-01, PAC-E-15-03). On March 13, 2015, the Commission consolidated the three cases and granted Avista and Rocky Mountain the same interim relief granted Idaho Power. Order No. 33250. On April 23, 2015, the Commission issued order 33286, which denied Simplot and Clearwater’s Joint Petition for Clarification. http://www.puc.idaho.gov/orders/recent/Order_No_33286.pdf On May 7, 2015, the Commission issued a Notice of Public Customer Hearings. The hearings will be held on June 24, 2015 at 7pm in the Commission Hearing Room and on June 30, 2015 at 7pm a telephonic customer hearing will be held, in the Commission Hearing Room. http://www.puc.idaho.gov/orders/recent/Notice_of_Public_Hearings.pdf 2 http://www.puc.idaho.gov/orders/recent/Notice_of_Public_Hearings_Errata.pdf On June 2, 2015, the Commission allowed Ecoplexus to conditionally intervene. The Commission denied Ecoplexus’s motion to Late File Direct Testimony. http://www.puc.idaho.gov/orders/recent/Order_No_33311.pdf On August 20, 2015, the Commission issued a final order to approve Avista’s Petition to reduce the length of its IRP based PURPA contracts to two years and to allow Avista to enter IRP-based QF contracts in excess of two years on a case-by-case basis with appropriate justification. http://www.puc.idaho.gov/orders/recent/Final_Order_No_33357.pdf http://www.puc.idaho.gov/orders/recent/Final_Order_No_33287.pdf On October 8, 2015, the Commission granted Simplot and Clearwater’s Petition for Reconsideration. The Commission anticipates issuing a final order within 28 days. http://www.puc.idaho.gov/orders/recent/Order_No_33395.pdf On November 5, 2015 Avista, Idaho Power, and Rocky Mountain Power’s petition to modify terms and conditions of PURPA Purchase Agreements, the Commission denied Clearwater’s and Simplot’s request to amend the final Order No. 33357. http://www.puc.idaho.gov/orders/recent/Reconsideration_Order_No_33419.pdf Case No. AVU-G-15-02 Order No. 33402 (10/23/15) Background: On August 27, 2015, Avista filed its annual Purchased Gas Cost Adjustment (PGA) Application. The PGA is a Commission-approved mechanism that adjusts rates up or down to reflect changes in Avista’s costs to buy natural gas from suppliers—including changes in transportation, storage, and other related costs. Avista defers these costs into its PGA account, and then passes them to customers through an increase or decrease in rates. With this Application, Avista proposes to decrease its PGA rates by about $10.3 million (14.5%), effective November 1, 2015. On September 1, 2015, the Commission issued a Notice of Application and Notice of Modified Procedure setting an October 9, 2015 deadline for interested persons to 3 comment on the Application, and an October 15, 2015 deadline for Avista to file reply comments. Commission Staff filed the only comments in the case, and supported Avista’s Application. On October 23, 2015, the Commission issued an order to approve Avista’s Purchased Gas Adjustment (PGA). Avista will establish a weighted average cost of gas (WACOG) of $0.252 per therm, and a Schedule 155 amortization rate of $0.02886 per therm. Tariffs are for service rendered on and after November 1, 2015. http://www.puc.idaho.gov/orders/recent/Final_Order_No_33402.pdf Case No. AVU-E-15-05 and AVU-G-15-01 Order No. 33400 (10/20/15) Background: On June 1, 2015, Avista applied to increase its general rates for electric and natural gas service. The Company proposed a two-phase rate plan that would increase electric billed revenues by $13.2 million (5.2%) on January 1, 2016, and by $13.7 million (5.1%) on January 1, 2017. On October 20, 2015, regarding Avista’s application for authority to increase its rates and charges for electric and natural gas service the commission issued a Notice of Proposed Settlement, a Notice of Amended Schedule and a Notice of Public and Technical Hearings. http://www.puc.idaho.gov/orders/recent/Notice_of_Proposed_Settlement_Order_No_334 00.pdf On December 18, 2015, the Commission issued a final order to approve Avista’s settlement stipulation to increase its rates and charges for Electric and Natural Gas service. As part of the settlement, the electric revenues will be increased to $1.7 million and the natural gas revenues will be increased to $2.5 million. The new tariffs will go into effect January 1, 2016. http://www.puc.idaho.gov/orders/recent/Final_Order_No_33437.pdf Case No. AVU-U-15-01 Order No. 33401 (10/23/15) Background: On September 14, 2015, Avista applied for authority to issue and sell up to $300,000,000 of debt securities and 1,635,000 shares of unissued Common Stock under the Long-Term Incentive Plan. 4 On October 23, 2015, The Commission issued a final order to approve Avista’s application to issue and sell debt securities up to $300,000,000 and to issue up to 1,635,000 shares of Common Stock. http://www.puc.idaho.gov/orders/recent/Final_Order_No_33401.pdf Case No. AVU-E-15-09 Order No. 33416 (11/04/15) Background: Pursuant to the Public Utility Regulatory Policies Act of 1978 (PURPA) and the implementing regulations of the Federal Energy Regulatory Commission (FERC), the Idaho Public Utilities Commission (Commission) has approved an incremental cost Integrated Resource Plan (IRP) methodology to calculate avoided cost rates paid to certain PURPA qualifying facilities (QFs). The avoided cost rate is the purchase price paid to QFs for purchases of QF energy and capacity. In Order Nos. 32697 and 32802, the Commission determined that the load forecast and natural gas forecast inputs to the IRP avoided cost methodology should be updated annually on October 15 of each year. On November 4, 2015, the Commission issued an order to approve Avista’s annual update to its load and gas price forecast and long-term contract status for purposes of its incremental cost IRP (Integrated Resource Plan) methodology. The recent energy load forecast remains, on average, a 0.6 percent annual average growth rate. The peak forecast growth rated decreased from 0.7 percent to 0.6 percent. These will go into effect October 15, 2015. http://www.puc.idaho.gov/orders/recent/Final_Order_No_33416.pdf Case No. AVU-G-15-03 Order No. 33422 (11/20/15), 33444 (12/24/15) Background: On October 28, 2015, Avista filed an Application for authority to: (1) resume natural gas energy efficiency programs and projects to residential (including low- income), commercial and industrial natural gas customers under Schedule 190 (Natural Gas Efficiency Programs); and (2) fund these programs by increasing its “Energy Efficiency Rider” surcharge rates in tariff Schedule 191. Application at 1. Avista proposes that the gas demand-side management (DSM) programs “be offered through prescriptive rebates to customer segments for eligible weatherization and high efficiency equipment measures as well as custom incentives for 27 non-residential projects.” Id. Avista asks that the case be processed by Modified procedure, and that new Schedule 191 Rider rates take effect on January 1, 2016. In 2012, Avista filed and the Commission approved an application to suspend Avista’s natural gas DSM programs. In its 2012 application, Avista advised the Commission that 5 new natural gas costs were about 50% lower than existing avoided costs and that these lower gas costs render the “natural gas energy efficiency portfolio cost-ineffective going forward.” Order No. 32650 at 1. After evaluating a number of cost-effectiveness tests, Avista now seeks to re-establish those programs. On November 20, 2015, The Commission issued a Notice of Application and a Notice of Modified procedure in Avista’s application to resume natural gas efficiency programs and increase the rider surcharge in schedules 190 and 191, dealing with Demand Side Management (DSM) natural gas efficiency programs. Comments are due no later than December 10, 2015. http://www.puc.idaho.gov/orders/recent/Notice_of_Application_Order_No_33422.pdf On December 24, 2015, the Commission issued an order to approve Avista’s application to resume natural gas efficiency programs and increase the rider surcharge in schedules 190 and 191. Tariff Schedules 190 and 191 will become effective January 1, 2016 and will increase the monthly bill of the average gas customer using 61 therms by about $1.11 per month. http://www.puc.idaho.gov/orders/recent/Final_Order_No_33444.pdf Case No. GNR-U-15-01 Order No. 33426 (12/07/15) Background: The Commission’s Customer Relations Rules for Gas, Electric and Water Utilities (IDAPA 31.21.01.106) and the Customer Relations Rules for Telephone Companies (IDAPA 31.41.01.104) both provide for the payment of interest on customer deposits. Pursuant to both of these rule sets, the interest rate on deposits is determined by calculating the 12-month average interest rate for one-year treasury bills for the previous November 1 through October 31. The resulting rate is then rounded to the nearest whole percent. The calculated rate will be in effect for the following calendar year. Using the weekly rates as posted by the U.S. Department of Treasury, the average interest rate for one-year treasury bills for the 12-month period from November 1, 2014 through October 31, 2015, is 0.26%. Consistent with our previous findings, we accept Staff’s position that zero is not a “whole percent” interest rate. Accordingly, public utilities shall pay 1.0% annual interest on all customer deposits held pursuant to IDAPA Rules 31.21.01.106 and 31.41.01.104 for calendar year 2016. This interest rate is the same as the interest rate for the years 2010 through 2015. On December 7, 2015, the Commission issued an order regarding the interest rate on deposits collected from customers of gas, electric, telephone and water public utilities for calendar year 2016. The Commission ordered a 1.0% annual interest rate to be paid 6 during the 2016 calendar year. The rate on deferred accounts using the customer deposit rate will also be 1.0% for calendar year 2016. http://www.puc.idaho.gov/orders/recent/Final_Order_No_33426.pdf OREGON Case No. UF 4294 Order No. 15-305 (10/06/15) Background: On October 6, 2015, the Commission approved Avista’s application to issue an incremental $300 million of debt securities, and an incremental 1,635,000 shares of common stock through its Long Term Incentive Plan (LTIP). http://apps.puc.state.or.us/orders/2015ords/15-305.pdf Case No. UM 1356 (8) Order No. 15-306 (10/06/15) Background: On October 6, 2015, the Commission approved Avista’s request for reauthorization to defer costs related to intervenor funding grants effective November 1, 2015. http://apps.puc.state.or.us/orders/2015ords/15-306.pdf Case No. UM 1497(5) Order No. 15-319 (10/19/15) Background: Avista requested reauthorization to use deferred accounting for purchased gas cost differences. Due to the volatility of the price of natural gas purchased and transported for customer use, the associated costs are difficult to establish with certainty, which necessitates the use of deferred accounting to accurately capture the costs for later incorporation in rates. October 19, 2015, the Commission approved Avista’s application for reauthorization to defer gas cost-related differences with the PGA (Purchased Gas Adjustment) mechanism, for accounting purposes, for the 12-month period beginning November 1, 2015. http://apps.puc.state.or.us/orders/2015ords/15-319.pdf 7 Case No. UG 289 Order No. 15-322 (10/19/15) Background: The Commission accepted Avista’s changes in the cost of purchased gas and amortization rate for the Purchased Gas Adjustment balancing account and rates will become effective with service on and after November 1, 2015. http://apps.puc.state.or.us/orders/2015ords/15-322.pdf Case No. UG 290 Order No. 15-327 (10/19/15) Background: Avista requested to update the rate increments in its Schedule No. 476, for intervenor Funding Grants in Oregon, to reflect currently deferred account balances, in accordance with Order No. 07-397, which requires the costs associated with intervenor funding be allocated to the customer class on whose behalf the intervenor is acting. October 19, 2015, the Commission accepted the filing to update rates on Intervenor Funding and they will become effective with service on and after November 1, 2015. The residential amortization rate will increase by 22%. http://apps.puc.state.or.us/orders/2015ords/15-327.pdf Case No. UG 291 Order No. 15-328 (10/19/15) Background: On July 31, 2015, Avista requested to revise Schedule 478, DSM Cost Recovery. The Company updates this schedule annually with its Purchased Gas Adjustment (PGA) filing. The Company is proposing to increase the DSM cost recovery rate by $0.00423 (i.e. from $0.01789 per therm to $0.02212 per therm). The proposed rate combines the effect of amortizing residual balances from prior periods with DSM costs that the Company incurred during the twelve months ending June 30, 2015. The Commission approved updates to Avista’s Demand Side Management (DSM) Cost Recovery. Avista will increase the DSM cost recovery rate from $0.01789 per therm to $0.02212 per therm. The increase will go into effect on November 1, 2015. http://apps.puc.state.or.us/orders/2015ords/15-328.pdf 8 Case No. UM 779 Order No. 15-370 (11/17/15) Background: The Commission issued an order to approve a late-payment rate of no greater than 1.8 percent monthly on overdue customer accounts and to approve an annual interest rate of 0.3 percent on customer deposits for calendar year 2016. http://apps.puc.state.or.us/edockets/orders.asp?OrderNumber=15-370 Case No. UG 288 Order No. 15-392 (12/09/15) Background: On December 3, 2015, the Citizens' Utility Board of Oregon (CUB) filed a Request for Payment from Avista’s, Issue Fund Grant. Section 7 .3 of the Third Amended and Restated Intervenor Funding Agreement (Agreement), adopted by the Commission in Order No. 15-335, governs the procedures for payment of Issue Fund Grants. CUB was automatically pre-certified to receive Issue Fund Grants under Section 5.2(a) of the Agreement and under OAR 860-001 -0120(3)(a). On December 9, 2015, the Commission approved CUB’s request for Avista to pay $19,800 from the 2015 Issue Fund and $20,451 from the 2016 Issue Fund within 30 days of December 9, 2015. The grant will be assessed to Avista’s residential customers. http://apps.puc.state.or.us/edockets/orders.asp?OrderNumber=15-392 WASHINGTON Case Nos. UE-151822 Order No. 01(10/29/15) Background: On September 11, 2015, Avista filed a statement of a planned securities issuance and application for an order affirming compliance with RCW 80.08.040. In its application, Avista proposes to issue up to $300,000,000 of Debt Securities, and 1,635,000 authorized but unissued shares of Common Stock. The application was filed pursuant to RCW 80.08.040. On October 29, 2015, the Commission approved Avista’s proposal to issue and sell up to $300,000,000 of Debt Securities and 1,635,000 authorized by unissued shares of Common Stock, the Commission issued an order establishing compliance with RCW 80.08.040, Securities. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=9&year =2015&docketNumber=151822 9 Case Nos. UE-132045 Order No. 02 (10/29/15) Background: Electric utilities with 25,000 or more customers are required, under the Energy Independence Act (EIA or Act) 1, to set and meet energy conservation targets. In pursuit of all available, cost-effective, reliable, and feasible conservation, electric utilities must provide progress information and reporting. On October 29, 2015, the Commission approved Avista’s 2014-2023 Ten-Year Achievable Electric Conservation Potential of 394,200 MWh and Its 2014-2015 Electric Biennial Conservation Target of 58,231 MWh, under RCW 19.285.040 and WAC 480- 109-120. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=83&year=2013&docketNumber=132045 Case Nos. UE-152406 Order No. 02 (12/30/15) Background: On December 22, 2015, Avista filed a revision to its currently effective Tariff WN U-28, designated as 11th Revision of Sheet 93, Power Cost Surcharge – Washington. The purpose of the filing is to align the expiration of the current Energy Recovery Mechanism (ERM) rebate with the effective date of the base rates to be established through Docket UE-150204. On December 30, 2015, the Commission granted Avista’s petition to allow less than statutory notice in connection with Tariff revisions. The filing aligned the expiration of the current Energy Recovery Mechanism (ERM) rebate with the effective date of the base rates to be established through Docket UE-150204 (2015 GRC). http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=8&year =2015&docketNumber=152406 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Avista Corporation Project No. 2545-118 ORDER GRANTING EXTENSION OF TIME UNDER TOTAL DISOLVED GAS ATTAINMENT PLAN (Issued February 19, 2015) 1.On January 8, 2015, Avista Corporation filed with the Federal Energy Regulatory Commission (Commission) a request for a one year extension of time to complete the Long Lake dam total dissolved gas spillway deflector project portion of their Total Dissolved Gas Water Quality Attainment Plan. The project is located on the Spokane River in Spokane, Lincoln, and Stevens Counties, Washington, and in Kootenai and Benewah Counties, Idaho. LICENSE REQUIREMENTS AND BACKGROUND 2.License1 Article 401(a)(10) and section 5.4(D) of the project’s Washington water quality certification requires the licensee to develop a plan to minimize total dissolved gas (TDG) levels associated with spills at the Long Lake Development. The licensee filed its Total Dissolved Gas Water Quality Attainment Plan with the Commission on July 16, 2010, which was approved in the Order2 issued on December 14, 2010, in conjunction with the licensee’s TDG monitoring plan. 3.On April 11, 2013, Avista Corporation (licensee) filed a request with the Commission to amend its Water Quality Attainment Plan implementation schedule for the Long Lake Development. The licensee’s request was approved by the Order Amending Total Dissolved Gas Attainment Plan for the Long Lake Development Under Article 4013 issued August 13, 2013. Under the schedule revised in 2013, the licensee 1 127 FERC ¶ 61,265 (issued June 18, 2009). 2 Order Modifying and Approving Total Dissolved Gas Attainment and Monitoring Plans for the Long Lake Development-Article 401. 133 FERC ¶ 62,252 (issued December 14, 2010). 3 144 FERC ¶ 62,127. 20150219-3040 FERC PDF (Unofficial) 02/19/2015 Project No. 2545-118 - 2 - would formulate design plans and specifications and award a bid contract under phases IV and V in 2014; construct the preferred alternative under phase VI in 2015-2016; and conduct testing, performance evaluations, and define a spillgate protocol under phase VII in 2017-2018. LICENSEE’S REQUEST 4.The licensee is requesting a one year extension of time to complete the Long Lake Dam total dissolved gas spillway deflector project in order to secure permitting for building a temporary access road along the north river bank and within the river channel so that construction crews can access the base of the dam. The additional time will allow for one additional year to complete phase V (award construction bid and permit project) of the project in 2015. This will also push phase VI (construction) to 2016-2017, phase VII (testing, performance evaluation, and define spillgate protocol) to 2018-2019, and the effectiveness monitoring phase to 2018-2020. The licensee provided an updated timetable in their January 8, 2015, filing that outlines the implementation schedule for each phase of the project. The licensee states that the updated implementation schedule will still allow them to complete construction, testing, performance evaluation, and defining a spillgate protocol for the project within the 10 year compliance period outlined in the Washington Department of Ecology’s (Ecology) water quality certification. CONSULTATION 5.The licensee provided a copy of their request for an extension of time to Ecology and the Spokane Tribe of Indians (Tribe) on November 13, 2014. The licensee received approval of their proposal on November 21, 2014, and January 8, 2015, from Ecology and the Tribe. DISCUSSION 6.The licensee’s request for a one year extension of time to implement their Long Lake Dam total dissolved gas spillway deflector project will allow the licensee to complete the permitting process, which is expected to take 9 months, in order to build a temporary access road to access the base of the dam. The licensee’s request is reasonable and is supported by the state water quality certification conditioning agency, and should be approved. The Director orders: (A) Avista Corporation’s request, filed with the Federal Energy Regulatory Commission on January 8, 2015, for the Spokane River Project No. 2545, to amend the implementation schedule of its Long Lake Development Total Dissolved Gas Attainment Plan to extend the phase V, Phase VI, and phase VII completion dates by one year to 2015, 2017, and 2019 respectively, is approved. 20150219-3040 FERC PDF (Unofficial) 02/19/2015 Project No. 2545-118 - 3 - (B) This order constitutes final agency action. Any party may file a request for rehearing of this order within 30 days from the date of its issuance, as provided in section 313(a) of the Federal Power Act, 16 U.S.C. § 825l (2012), and the Commission’s regulations at 18 CFR § 385.713 (2014). The filing of a request for hearing does not operate as a stay of the effective date of this order, or of any other date specified in this order. The licensee’s failure to file a request for rehearing shall constitute acceptance of this order. Thomas J. LoVullo Chief, Aquatic Resources BranchDivision of Hydropower Administration and Compliance 20150219-3040 FERC PDF (Unofficial) 02/19/2015 Document Content(s) P-2545-118.DOC........................................................1-3 20150219-3040 FERC PDF (Unofficial) 02/19/2015 150 FERC ¶ 62,211 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION ORDER GRANTING EXTENSION OF TIME UNDER ORDER MODIFYING AND APPROVING WATER QUALITY ATTAINMENT PLAN (Issued March 27, 2015) 1. On March 9, 2015, Avista Corporation filed with the Federal Energy Regulatory Commission (Commission) a request for a 60 day extension of time to file its annual report pursuant to Order Modifying and Approving Water Quality Attainment Plan (Order).1 The project is located on the Spokane River in Spokane, Lincoln, and Stevens counties, Washington, and in Kootenai and Benewah counties, Idaho. LICENSE REQUIREMENTS AND BACKGROUND 2. License2 Appendix (B) contains Washington Department of Ecology’s (Ecology) 401 Clean Water Certificate. Section 5.6(C) of the project’s water quality certification requires the licensee to develop a Dissolved Oxygen Water Quality Attainment Plan. 3. The licensee filed the Dissolved Oxygen Water Quality Attainment Plan (WQAP) with the Commission on October 8, 2012. The Commission approved the licensee’s plan in the Order issued December 19, 2012. The licensee proposed in the plan to demonstrate ongoing compliance with the WQAP by documenting activities described in the WQAP, including a summary of each year’s baseline monitoring, implementation activities, effectiveness of the implementation activities, proposed actions for the upcoming year (including new mitigation measures), and ongoing habitat evaluation results (using collected data and the habitat module of the CE-QUAL-W2 model). The licensee states that its annual reports will embody an adaptive management approach by assessing (as appropriate) newly-available information, new technologies, and factors impacting the schedule, in addition to other relevant items. The licensee states that it will consult with Ecology and seek its approval on potential actions proposed for the 1 141 FERC ¶ 62,205 (issued December 19, 2012). 2 127 FERC ¶ 61,265 (issued June 18, 2009). Doc. No. 2015-0092 Project No. 2545-158 - 2 - upcoming year, and will have final reports available for Ecology’s approval by February 1 each year, starting in 2014. 4. Ordering Paragraph (B) of the December 19, 2012, Order requires the licensee to file the annual report with the Commission by April 1, beginning in 2014, including any comments or recommendations received from the agencies, and the licensee’s response to the comments. The Commission also reserves the right to modify the plan or project operations and facilities based on the results of the reports to ensure compliance with license requirements. LICENSEE’S REQUEST 5. The licensee is requesting a 60 day extension of time to file its Dissolved Oxygen Water Quality Attainment Report pursuant to the Order issued December 19, 2012. The licensee states that the report was submitted to Ecology for a 30 day review on January 29, 2015, and that Ecology requested additional time to review the report on February 27, 2015. The additional time will allow Ecology enough time to complete their review of the report as well as allow the licensee an opportunity to respond to the comments prior to filing the report with the Commission. DISCUSSION 6. The licensee’s request for a 60 day extension of time to file the Dissolved Oxygen Water Quality Attainment Report will accommodate Ecology’s request for additional time to review the report as well as allow the licensee adequate time to respond to the comments. The licensee’s request is reasonable and is supported by the state water quality certification conditioning agency, and should be approved. The Director orders: (A) Avista Corporation’s request, filed with the Federal Energy Regulatory Commission on March 9, 2015, for the Spokane River Project No. 2545, to extend the due date for the Dissolved Oxygen Water Quality Attainment Annual Report, pursuant to the Order Modifying and Approving Water Quality Attainment Plan issued December 19, 2012, is approved. The annual report is due June 1, 2015. (B) This order constitutes final agency action. Any party may file a request for rehearing of this order within 30 days from the date of its issuance, as provided in section 313(a) of the Federal Power Act, 16 U.S.C. § 825l (2012), and the Commission’s Project No. 2545-158 - 3 - regulations at 18 CFR § 385.713 (2014). The filing of a request for hearing does not operate as a stay of the effective date of this order, or of any other date specified in this order. The licensee’s failure to file a request for rehearing shall constitute acceptance of this order. Thomas J. LoVullo Chief, Aquatic Resources Branch Division of Hydropower Administration and Compliance 151 FERC ¶ 62,226 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Avista Corporation Project No. 2545-091 ORDER MODIFYING AND APPROVING FIVE-YEAR FISHERY ENHANCEMENT AND PROTECTION PLAN (Issued June 26, 2015) 1. On April 10, 2015, Avista Corporation (licensee) filed a Five-Year Fishery Enhancement and Protection Plan with the Federal Energy Regulatory Commission (Commission) pursuant to Article 401(b) of the license for the Spokane River Hydroelectric Project.1 The project is located on the Spokane River in Spokane, Lincoln, and Stevens counties, Washington, and in Kootenai and Benewah counties, Idaho. LICENSE REQUIREMENTS AND BACKGROUND 2. License Article 401(b), in part, requires the licensee to file any revisions to certain plans with the Commission for approval. This includes the Five-Year Fishery Enhancement and Protection Plan (Plan), which is required by the Idaho Department of Environmental Quality’s (DEQ) Water Quality Certification (WQC).2 Per the WQC, the Plan must be updated every five years. The first iteration of the Plan covered the timeframe between 2010 and 2014 and did not require Commission approval. The licensee’s April 10, 2015, filing represents the second iteration of the Plan and covers the time period between 2015 and 2019. Since the second iteration covers a different time period and proposes different activities from the first iteration of the Plan, it requires Commission approval, along with documentation of consultation with the DEQ, Idaho Department of Fish and Game (DFG), and U.S. Fish and Wildlife Service (FWS). 3. The Plan is required to identify, prioritize, and describe fish habitat protection and enhancement activities, fish population assessment and monitoring activities, and 1 Order Issuing New License and Approving Annual Charges for Use of Reservation Lands. 127 FERC ¶ 61,265 (issued June 18, 2009). 2 The Plan is required by Condition 7(a) and Exhibits A and B of the WQC, located in Appendix B of the license order. 20150626-3028 FERC PDF (Unofficial) 06/26/2015 Doc. No. 2015-0198 Project No. 2545-091 - 2 - education/outreach activities that will be implemented under the Plan. The Plan should give priority to projects that benefit multiple salmonid species and includes provisions to address the public education and outreach program requirements specified in Article 409. LICENSEE’S PLAN 5. The licensee’s Plan identifies general categories of measures that the licensee would implement to enhance and protect fish habitat, assess and monitor fish populations, and educate and reach out to the public. All actions under the Plan would be accomplished through the use of annual funds made available by the licensee in accordance with the WQC. Activities proposed in the Plan include riparian habitat restoration and protection projects; acquisition or other long-term protection of private lands containing bull trout and westslope cutthroat trout habitat; collection of required or relevant baseline data; suppression of exotic non-native fish populations; fish stocking programs to deflect recreational angling pressure from wild trout populations; and identification of strategies to prevent illegal harvest of wild rainbow trout from the Spokane River. Some of these activities fall under the public education and outreach program required by Article 409. All activities are explained in greater detail in the licensee’s April 10 filing. 6. The Plan discusses selection and priority criteria that the licensee, in consultation with the resource agencies, would use to select potential projects. Specifically, the selection criteria would include the following: projects that are associated with the Post Falls Development for bull trout and/or westslope cutthroat trout in Coeur d’Alene Lake basin or wild rainbow trout in the Spokane River, downstream of Post Falls Dam; projects having significant potential to restore or enhance habitat for adfluvial trout species listed above; projects that benefit multiple salmonid species; projects that provide for recreational fishery enhancements and evaluation; and, any other projects deemed appropriate by the licensee and resource agencies. Upon selecting projects based on these criteria, the licensee proposes to further prioritize projects using a more detailed ranking system included as an appendix to the Plan. 7. While the Plan includes proposed projects to be undertaken during each year of the Plan, the licensee will develop annual work plans with the resource agencies during the first quarter of every year. The licensee would seek approval from the resource agencies on the annual work plans by April 30 of each year as to ensure that the activities in that year’s annual work plan could be implemented on schedule. 8. With regard to reporting, the licensee’s Plan includes a provision to file a summary report following the conclusion of the five-year Plan period. The licensee proposes to file the reports with the DFG, DEQ, and FWS. 20150626-3028 FERC PDF (Unofficial) 06/26/2015 Project No. 2545-091 - 3 - AGENCY CONSULTATION 9. By letter dated February 13, 2015, the licensee provided the Plan to the DEQ, DFG, and FWS for review and comment. By letter dated March 30, the DFG approved the Plan. The DEQ and FWS did not provide comments on the Plan. DISCUSSIONS AND CONCLUSIONS 10. The licensee’s Plan outlines a comprehensive and diverse program to enhance westslope cutthroat trout, bull trout and wild rainbow trout in the Spokane River downstream of the Post Falls Development. The framework in which the licensee will implement the Plan, including the project selection and prioritization criteria that it will apply, and the development of annual work plans, should be an effective means of coordinating with the resource agencies to carry out valuable restoration and protection projects. 11. As proposed, the licensee does not include a provision in its Plan to file its five-year summary report with the Commission. In order to keep the Commission apprised of actions taking place under the Plan, the licensee should be required to file a copy of its summary report with the Commission. Given that the licensee is required to file subsequent iterations of the Plan with the Commission for approval, it is reasonable to require the licensee to file its summary report from the previous five-year period with the Commission at the same time that it files the next iteration of the Plan, rather than requiring the licensee to file the documents separately. 12. A deadline for filing the report and next iteration of the Plan should be established in order to allow the Commission to track the licensee’s compliance with this requirement. Given that the licensee’s Plan covers the period between January 1, 2015 and December 31, 2019, the licensee should file the report and next iteration of the Plan with the Commission for approval by April 30, 2020. This deadline should provide the licensee with sufficient time to develop the report and next iteration of the Plan and provide it to the resource agencies for review and comment. The licensee’s filing with the Commission should include documentation of consultation with the resource agencies, including its responses to any agency comments. For any comments that it does not incorporate into the Plan, it should include its reasons, using project-specific information, in its filing with the Commission. 13. The licensee’s Plan satisfies the requirements of Article 401(b), and as modified, should be approved. The Director orders: (A) Avista Corporation’s (licensee) Five-Year Fishery Enhancement and Protection Plan, filed with the Federal Energy Regulatory Commission on April 10, 2015, 20150626-3028 FERC PDF (Unofficial) 06/26/2015 Project No. 2545-091 - 4 - pursuant to Article 401(b) for the Spokane River Hydroelectric Project No. 2545, as modified in paragraph (B), is approved. (B) The licensee must file its summary report for the 2015-2019 Five-Year Fishery Enhancement and Protection Plan and its 2020-2024 Five-Year Fishery Enhancement and Protection Plan with the Commission for approval by April 30, 2020. The licensee’s filing with the Commission must include documentation of consultation with the Idaho Department of Environmental Quality, Idaho Department of Fish and Game, and U.S. Fish and Wildlife Service, including its responses to any agency comments. For any comments that it does not incorporate into the plan, it should include its reasons, using project-specific information, in its filing with the Commission. (C) This order constitutes final agency action. Any party may file a request for rehearing of this order within 30 days from the date of its issuance, as provided in section 313(a) of the Federal Power Act, 16 U.S.C. § 825l (2012), and the Commission’s regulations at 18 CFR § 385.713 (2015). The filing of a request for hearing does not operate as a stay of the effective date of this order, or of any other date specified in this order. The licensee’s failure to file a request for rehearing shall constitute acceptance of this order. Thomas J. LoVullo Chief, Aquatic Resources Branch Division of Hydropower Administration and Compliance 20150626-3028 FERC PDF (Unofficial) 06/26/2015 153 FERC ¶ 62,156 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION ORDER APPROVING UPDATED COEUR D’ ALENE RESERVATION WETLAND AND RIPARIAN HABITAT PLAN (Issued December 2, 2015) 1. On September 29, 2015 Avista Corporation, licensee for the Spokane River Hydroelectric Project No. 2545, filed an updated Coeur d’ Alene Reservation Wetland and Riparian Habitat Plan (updated plan), pursuant to the Order Approving the Coeur d’Alene Reservation Wetland and Riparian Habitat Plan Pursuant to Paragraph (G), and Appendix D, Condition No. 8 (plan).1 The project is located on the Spokane River in Spokane, Lincoln and Stevens Counties, Washington and in Kootenai and Benewah counties, Idaho. The project occupies lands within the Coeur d’ Alene Indian reservation administered by the U. S. Bureau of Indian Affairs and lands administered by the U.S. Bureau of Land Management and the U.S. Department of Agriculture’s Forest Service. Background 2. On June 18, 2009 the Commission issued a new license for the project.2 Paragraph (G) of the Order issuing license states that the license is subject to the conditions filed by the U.S. Department of the Interior (Interior) under section 4(e) of the Federal Power Act. Condition No. 8 of those 4(e) conditions required the licensee to file for Commission approval, a plan prepared in collaboration with the Coeur d’Alene Tribe (Tribe) to provide for the restoration and/or replacement of at least 1,368 acres of equivalent in-kind emergent, scrub-shrub and/or forested lands, riparian habitat and associated uplands, preferably within the Reservation. The plan was to describe proposed restoration and/or acquisition of replacement lands and related operation and maintenance activities. 1 133 FERC ¶ 62,016, issued October 10, 2010. 2 Order Issuing New License and Approving Annual Charges for Use of Reservation Lands (127 FERC ¶ 61,265). Doc. No. 2015-0363 Project No. 2545-127 - 2 - 3. The plan was submitted by the licensee and approved by the Commission on June 18, 2010 and October 5, 2010, respectively. The plan sets forth a schedule for the licensee and the Tribe to restore and/or replace at least 500 acres by 2015, an additional 500 acres by 2020, and the remaining 368 acres by 2025. The plan also set forth a schedule for the licensee and Tribe to submit an updated version of the plan every five years for approval by the Interior and the Commission. This order outlines the review of the first 5-year updated plan. Licensee’s Updated Plan 4. One significant update to the plan includes increasing the requirement of acres to restore and/or replace from the original 1,368 to 1,424. The increase of 56 acres comes from an agreement between the licensee and the Tribe in the Erosion Control Implementation Plan (ECIP), submitted to the Commission on October 29, 2014, to restore and/or replace 56 additional acres through the updated plan in lieu of implementing erosion control measures on the Lower St. Joe River. The ECIP was approved by the Interior and the Commission3 on October 10, 2014 and November 20, 2014, respectively. 5. A second significant update was the acquisition by the licensee of 656 acres in the Hangman Creek watershed. The 656 acres were comprised of five properties and purchased for $1,517,754. A management plan was drafted for the purchased acres including: restoration of native trees and shrubs; herbicide treatments of invasive plants; installation of protective fencing; and monitoring. The management plan was approved by the Interior on April 9, 2014 and the licensee was credited with 508 replacement acres under 4(e) condition No. 8. Agency Consultation 6. In accordance with the 2010 Order approving the plan, the licensee is required to submit the 5-year updated plan for approval by the Interior prior to filing with the Commission. The 5-year updated plan was submitted to the Interior on August 4, 2015 and approved on September 2, 2015. Discussion and Conclusions 7. The Commission recognizes the successful efforts by the licensee in working with the Tribe to fulfil the requirements of section 4(e) condition No. 8. The licensee has been credited with 508 acres toward the new goal of 1,424 and is on schedule to complete the 3 Order Approving Coeur d’ Alene Reservation Erosion Control Implementation Plan (149 FERC ¶ 62,124). Project No. 2545-127 - 3 - requirement by 2025. Therefore, the updated plan is in compliance with section 4(e) condition No. 8 of the license and should be approved. The Director orders: (A) Avista Corporation’s updated Coeur d’ Alene Reservation Wetland and Riparian Habitat Plan, filed September 29, 2015 pursuant to the Order approving the original Coeur d’ Alene Reservation Wetland and Riparian Habitat Plan as part of the license for the Spokane River Hydroelectric Project No. 2545, is approved. (B) This order constitutes final agency action. Any party may file a request for rehearing of this order within 30 days from the date of its issuance, as provided in section 313(a) of the Federal Power Act, 16 U.S.C. § 825l (2012), and the Commission’s regulations at 18 C.F.R. § 385.713 (2015). The filing of a request for rehearing does not operate as a stay of the effective date of this order, or of any other date specified in this order. The licensee’s failure to file a request for rehearing shall constitute acceptance of this order. Steve Hocking Chief, Environmental and Project Review Division of Hydropower Administration and Compliance 1 Summary of Rate Orders Avista Corporation Q1 2016 Purpose: This report summarizes the findings and rulings of the various state Utility Commissions as they apply to Avista Corporation. These rate orders are available from the different state Utility Commission websites that Avista provides service, including: • Alaska – www.rca.alaska.gov • Idaho – www.puc.state.id.us • Montana – psc.mt.gov • Oregon – www.puc.idaho.gov • Washington – www.utc.wa.gov Alaska Nothing to report IDAHO Case No. AVU-E-15-05 and AVU-G-15-01 Order No. 33455 (01/25/16) Background: On June 1, 2015, Avista applied to increase its general rates for electric and natural gas service. The Company proposed a two-phase rate plan that would increase electric billed revenues by $13.2 million (5.2%) on January 1, 2016, and by $13.7 million (5.1%) on January 1, 2017. On October 20, 2015, regarding Avista’s application for authority to increase its rates and charges for electric and natural gas service the commission issued a Notice of Proposed Settlement, a Notice of Amended Schedule and a Notice of Public and Technical Hearings. http://www.puc.idaho.gov/orders/recent/Notice_of_Proposed_Settlement_Order_No_334 00.pdf On December 18, 2015, the Commission issued a final order to approve Avista’s settlement stipulation to increase its rates and charges for Electric and Natural Gas service. As part of the settlement, the electric revenues will increase to $1.7 million and the natural gas revenues will be increased to $2.5 million. The new tariffs will go into effect January 1, 2016. http://www.puc.idaho.gov/orders/recent/Final_Order_No_33437.pdf 2 Craig Kerwin filed a Petition for Reconsideration in the matter of Avista’s request to increase rates and charges for electric and natural gas service. Mr. Kerwin states that the increase is due to inflated executive compensation. The Commission issued an order to deny Mr. Kerwin’s petition. http://www.puc.idaho.gov/orders/recent/Reconsideration_Order_No_33455.pdf Case No. AVU-E-16-01 & AVU-G-16-01 Order No. 33459 (01/29/16) Background: On January 13, 2016, Avista applied for an order authorizing it to record, as a regulatory asset, the costs it incurs to offer a fee-free payment program to its residential customers. Avista requested an Accounting Order that will let it defer and record the costs so it will have the opportunity to recover those costs through future rates. The Commission issued a Notice of Application and a Notice of Modified Procedure comments were due no later than March 14, 2016. http://www.puc.idaho.gov/orders/recent/Notice_of_Application_Order_No_33459.pdf Case No. AVU-G-15-03 Order No. 33464 (02/09/16) Background: On November 20, 2015, the Commission solicited public comment on Avista’s proposals to resume various natural gas demand-side management (DSM) programs. Two public commenters provided the Commission with highly detailed and technical comments opposing the Application. In the Commission’s Order their remarks were analyzed and summarized together as the comments of “Technical Commenters.” They generally argued that the Application warranted heightened scrutiny, offered a detailed analysis of Avista’s proposal, and provided an alternative view of the proposed DSM programs. Their comments provided the Commission with additional analysis and perspective and the Commission lauded the efforts. Ultimately, however, the Commission concluded that Avista had demonstrated that restarting the DSM programs and the surcharge were reasonable. In approving Avista’s Application, the Commission allowed certain modifications to the previous iteration of the Company’s natural gas DSM programs. For instance, the Commission approved the use of Utility Cost Test (UCT) as the benchmark measurement for cost-effectiveness, and allowed the use of “gross”, rather than “net” savings estimates in the Company’s cost-effectiveness calculations. 3 The Commission issued an Order of Reconsideration. The Commission clarified some portions of the order and stated that Avista has met its burden of showing that approval of the DSM Application is fair, just and reasonable and is in the public interest. http://www.puc.idaho.gov/orders/recent/Reconsideration_Order_No_33464.pdf OREGON Case No. UG 288 & UM 1753 Order No. 16-059 (02/19/16), 16-076 (02/29/16), 16-109 (03/15/16) Background: Avista’s request for General Rate Revision. The Commission approved the Issue Fund Grant from CUB in the matter of Avista’s request for General Rate Revision 2015. Avista will pay $4,549.00 by March 18, 2016. http://apps.puc.state.or.us/orders/2016ords/16-059.pdf In the matters of Avista’s request for General Rate Revision (UG 288) and application for authorization to defer expenses or revenues related to the Natural Gas Decoupling Mechanism (UM 1753), the Commission approved a revenue increase of $4.5 million, new rates were effective March 1, 2016 (UG 288), and approved the application for deferred accounting. This was a Preliminary Order. http://apps.puc.state.or.us/orders/2016ords/16-076.pdf The Commission issued a Final Order. The Commission approved an increase in revenue requirement by $4,460,000, representing a 4.9 percent increase to the company’s previous rates. The Decoupling Mechanism will implement a revenue-per-customer decoupling mechanism. To implement this mechanism, Avista filed an application for deferred accounting (UM 1753). http://apps.puc.state.or.us/orders/2016ords/16-109.pdf Case No. UM 1012 Order No. 16-067 (02/23/16) Background: Commission Staff requested an order to establish the annual fee level for electric, gas, water, and wastewater utilities at 2.75 mills per dollar (0.275 percent). 4 The Commission issued an order setting the annual fee rate at 0.275 percent of 2015 gross operating revenues for electric, natural gas, water, and wastewater utilities. http://apps.puc.state.or.us/orders/2016ords/16-067.pdf Case No. UM 1759 Order No. 16-122 (03/23/16) Background: Avista filed a request to defer 90 percent of the transactional fees, up to a cap of $150,000, associated with Avista’s planned debit and credit card fee free payment program for residential customers. The Commission approved Avista’s request for accounting purposes only, the deferral period will commence with Avista’s implementation of the fee free payment program and will end 12 months later. http://apps.puc.state.or.us/orders/2016ords/16-122.pdf WASHINGTON Case No. UE-150204 & UG-150205 Order No. 5, 6 (01/06/16) Background: Avista’s request for General Rate Revision 2015 On January 6, 2016, the Commission approved Avista’s partial settlement stipulation filed on May 1, 2015 including the proposed capital structure of 9.5 percent return on equity, 7.29 percent rate of return, and 48.5 percent equity component. Avista will file revised tariff sheets with natural gas rates that will recover $10.8 million, for a 6.3 increase in rates and electric rates that will recover $8.1 million less in revenue, for a 1.63 percent rate decrease. On January 19, 2016, Staff filed a Motion to Reconsider with the Commission and ICNU and Public Counsel filed a Motion for Clarification. Rates will stay in effect until the Commission makes a ruling. On February 3, 2016, the Commission will conduct an order conference, in this matter. Accounting specialists from Avista, Staff, ICNU, and Public Counsel will replicate their respective electric revenue requirement and attrition adjustment calculations. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=1885& year=2015&docketNumber=150204 5 http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=1888& year=2015&docketNumber=150204 On February 19, 2016, the Commission issued an order denying the Joint Motion for Clarification, denying the Petition for Reconsideration, and denying the Motion to Reopen the Record. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=1968&year=2015&docketNumber=150204 Case No. UE-152076 Order No. 1 (01/28/16) Background: Electric utilities with 25,000 or more customers are required under the Energy Independence Act (EIA or Act) to set and meet energy conservation targets every two years. The Washington Utilities and Transportation Commission (Commission) promulgated rules implementing the EIA. These rules further require that each utility must file a report with the Commission identifying its ten-year achievable conservation potential and its biennial conservation target every two years. On October 30, 2015 Avista filed its Biennial Conservation Plan (BCP) identifying a 2016-2025 ten year achievable conservation potential of 391,000 megawatt-hours (MWh) and a 2016-2017 biennial conservation target of 72, 464 MWh. On January 5, 2016 Avista filed a revised BCP, where Avista identified a 2016-2025 achievable conservation potential of 383, 063 MWh and a 2016-2017 two year achievable conservation potential of 60, 212 MWh. On January 28, 2016, the Commission issued an order approving Avista’s 2016-2025 Achievable Conservation Potential and its 2016-2017 Biennial Conservation Target. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=69&yea r=2015&docketNumber=152076 http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=67&yea r=2015&docketNumber=152076 6 Case No. A-140166 Order No. 2 (02/25/16) Background: RCW Title 80 and RCW Title 81 authorize the Washington Utilities and Transportation Commission (Commission) to impose, set, increase, or decrease certain fees on regulated companies. The following statutes set out specific authority for imposing regulatory fees according to the industries over which the Commission has jurisdiction. On February 25, 2016, the Commission issued an order for Electric and Natural Gas Companies to pay 0.1% of the first fifty thousand dollars of gross operating revenue, plus 0.2% of any gross operation revenue in excess of the fifty thousand dollars. Fees are due to the Commission on May 2, 2016 because May 1 is a Sunday. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=6&year =2014&docketNumber=140166 Case No. UG-152394 Order No. 1 (02/25/16) Background: On December 16, 2015, Avista filed a Petition for an Order Authorizing Approval of Changes to the Company’s Natural Gas Line Extension Tariff, Limited Waiver of WAC 480-90-223 (1), and Accounting Ratemaking Treatment (Petition). Avista requested approval to make changes to its natural gas line extension tariff, Tariff WN U-29, Schedule 151, including 1) a modification to the calculation for line extension allowances, 2) a limited waiver of WAC 480-90-223(1) related to natural gas advertising, and 3) accounting and ratemaking treatment related to the use of any excess single-family residential line extension allowance. Avista proposed these changes be approved on a temporary basis, for a pilot period of three years, with a subsequent review to determine their effectiveness. On February 25, 2016, the Commission approved the Gas Line Extension Tariff and accounting ratemaking treatment on a temporary basis for a three-year period. Avista must file with the Commission semi-annual reports showing the impact of the increased allowance and rebates during the three-year pilot period from March 1, 2016 to February 28, 2019. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=23&year=2015&docketNumber=152394 7 Case No. UG-151148 Order No. Multiparty Settlement Stipulation (02/25/16) On July 7, 2015, Staff and Public Counsel performed an on-site audit of Avista’s conservation incentive and non-incentive expenditures. Prior to the on-site audit, Staff reviewed over 1000 expenditures, and selected 34 electric and natural gas line items for comprehensive on-site review. Public Counsel selected 10 additional line items for review, including: o Invoice dollar match to line-item expenditures; o Existence of proper supporting documentation for expenditures; o Appropriate Washington allocation of expenditures; o Overall appropriateness of expenditures; and o Presence of proper internal control mechanisms. All line item expenditures were supported by invoices, and supporting documentation was provided upon request. All reviewed expenditures were found to be appropriately allocated to Washington. However, Staff and Public Counsel discovered seven issues that warranted further investigation and discussion. In the matter of Avista’s proposed revisions to the electric tariff rider, which provides funding for demand side management (DSM) programs as well as evaluation, measurement, and verification, the Commission approved and adopted the multiparty settlement agreement. On February 26, 2016, the Commission approved Avista’s proposed revisions to the electric tariff rider, which provides funding for demand side management (DSM) programs as well as evaluation, measurement, and verification, and adopted the multiparty settlement agreement. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=115&y ear=2015&docketNumber=151148 Case No. UE-160228 & UG-160229 Order No. 1 (03/07/16), 2 (03/09/16) Background: Avista’s request for General Rate Revision 2016 On March 7, 2016, the Commission issued a complaint and Order Suspending Tariff Revisions and an Order of Consolidation. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=320&y ear=2016&docketNumber=160228 8 On March 9, 2016, the Commission issued a Protective Order http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=326&year=201 6&docketNumber=160228\ Case No. UE-160100 Order No. 1 (03/15/16) Background: On January 20, 2016, Avista Corporation, (Avista or Company) filed with the Washington Utilities and Transportation Commission (Commission) a petition requesting an order authorizing deferred accounting treatment of its remaining undepreciated net book value of its existing electric meters (Petition). The Company proposes an investment project that would retire and replace existing electric meters with new Advanced Metering Infrastructure (AMI) meters.1 Under the Company’s proposal, approximately 253,000 electric customers in the state of Washington would receive new meters. The Company also plans to upgrade its existing natural gas meters with digital communication modules. On March 4, 2016, Avista filed with the Commission an amended petition seeking an accounting order authorizing deferral of the remaining net book value of its existing electric meters as the meters are removed from service, rather than immediately, to a regulatory asset account, Other Regulatory Assets – 182.3 (Amended Petition). If the Amended Petition is approved, the Company intends to execute contracts with its selected AMI vendors for the advanced meters and supporting software. In its Amended Petition, Avista states that if the Company’s Petition is granted, the installation of advanced meters and related infrastructure to support AMI will begin immediately on a four or five year schedule commencing in early 2017. On March 15, 2016, the Commission granted Avista’s petition for an accounting order authorizing deferred accounting treatment related to the undepreciated net book value of the Company’s existing electric meters. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=81&year=2016&docketNumber=160100 Case No. UE-160071 & UG-160072 Order No. 1 (03/24/16) Background: On January 12, 2016, Avista Corporation (Avista or Company) filed with the Washington Utilities and Transportation Commission (Commission) a petition requesting an order authorizing accounting and ratemaking treatment of fees for credit 9 and debit card payments made by residential customers (Petition). Avista seeks to defer, for up to 36 months, all fees paid by Avista related to offering a fee-free program for payment of bills by Washington residential customers that use credit and debit cards. Absent approval of this deferral, the company states that it will not move forward with a fee-free program. Avista has also sought similar treatment in Oregon and Idaho. On March 24, 2016, the Commission issued an order to grant Avista’s petition to defer all fees paid by Avista related to offering a fee-free program, in both Electric and Gas dockets, for payment of bills by Washington residential customers that use credit and debit cards. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=14&yea r=2016&docketNumber=160071 http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=14&yea r=2016&docketNumber=160072 1 Summary of Rate Orders Avista Corporation Q2 2016 Purpose: This report summarizes the findings and rulings of the various state Utility Commissions as they apply to Avista Corporation. These rate orders are available from the different state Utility Commission websites that Avista provides service, including: • Alaska – www.rca.alaska.gov • Idaho – www.puc.state.id.us • Montana – psc.mt.gov • Oregon – www.puc.idaho.gov • Washington – www.utc.wa.gov Alaska Nothing to report IDAHO Case No. AVU-E-16-03 (GRC) Order No. 33536 (06/07/16) Application to increase electric rates. MONTANA Nothing to report OREGON Nothing to report WASHINGTON Case No. PG-160292 Order No. 1 (04/07/16) Pipe replacement Plan 2015 - 2017 154 FERC ¶ 62,041 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Avista Corporation Project No. 2545-117 ORDER APPROVING 2015 TO 2019 FIVE-YEAR WETLAND AND RIPARIAN HABITAT PROTECTION AND ENHANCEMENT PLAN (January 20, 2016) 1. On September 30, 2015 Avista Corporation, licensee for the Spokane River Hydroelectric Project No. 2545, filed a 2015 to 2019 Five-Year Wetland and Riparian Habitat Protection and Enhancement Plan (updated plan), pursuant to Article 401 of the license for the project1 and Section IV of the Water Quality Certificate (Section IV) that is included as Appendix A of the license. The project is located on the Spokane River in Spokane, Lincoln and Stevens Counties, Washington and in Kootenai and Benewah Counties, Idaho. The project occupies lands within Coeur d’ Alene Indian Reservation administered by the U.S. Bureau of Indian Affairs, and lands administered by the U.S. Bureau of Land Management and the U. S. Department of Agriculture’s Forest Service. Background 2. On June 18, 2009 the Commission issued a new license for the project. Section IV required the licensee to develop a Five-Year Wetland and Riparian Habitat Protection and Enhancement Plan (plan) for approval by Idaho Department of Environmental Quality (Idaho) after consultation with the Idaho Department of Fish and Game (Idaho FG). Article 401 of the license states that any plan developed pursuant to Section IV must be approved by the Commission prior to implementation. The plan was approved by the Commission on October 5, 2010.2 Section IV also requires the licensee to file a summary report and updated plan to Idaho, Idaho FG and U.S Fish and Wildlife Service (FWS) every five years. The summary report should include a summary of the activities conducted the previous five years and results achieved, the overall results achieved to 1 Order Issuing New License and Approving Annual Charges for Use of Reservation Lands (127 FERC ¶ 61,265), issued June 18, 2009. 2 Order Approving Five-Year Wetland and Riparian Habitat Protection and Enhancement Plan (133 FERC ¶ 62,017). 20160120-3025 FERC PDF (Unofficial) 01/20/2016 Doc. No. 2016-0019 Project No. 2545-117 - 2 - date, and the general nature of the activities that will be implemented during the next five-year period. The updated plan should describe measures to be implemented within the next five years. This order outlines the review of the first report and updated plan. Licensee’s Report and Updated Plan 3. The report describes the activities and expenditures associated with Shadowy St. Joe Wetland and Riparian Restoration Project. Activities included: installation of a water control structure and rock overflow channel; control measures of invasive species; and restoration of native trees and shrubs. Expenditures for the project included $378,478.00, $90,000, and $43,623 for the licensee, Idaho FG, and Ducks Unlimited, respectively. 4. The updated plan cites a current carry-over project budget of $158,462 to begin the 2015-2019 period. The current budget will be supplemented with $75,000 each year starting in 2016. The updated plan describes measures for continued invasive species control at the recently restored Shadowy St. Joe Wetland and Riparian Restoration Project. Additionally, the updated plan lists three previously identified sites and two new sites to be further evaluated for restoration potential in 2015-2019. Annual work plans will be developed as sites are evaluated and selected. Agency Consultation 5. Article 401 of the 2009 Order issuing a new license requires the licensee to submit the five-year updated plan to Idaho FG and FWS for review and comment and then to Idaho for approval, prior to filing with the Commission. The updated plan was submitted to Idaho FG and FWS on August 4, 2015 and approved by Idaho on September 25, 2015. Discussions and Conclusions 6. The licensee and its partners have successfully implemented restoration of 124 high priority acres at Shadowy St. Joe Wetland and Riparian Restoration Project. The licensee plans to continue restorations efforts at the site as well as evaluate other identified sites for restoration potential in 2015-2019. The updated plan is in compliance with license Article 401, and Section IV of Appendix A of the license and should therefore be approved. 20160120-3025 FERC PDF (Unofficial) 01/20/2016 Project No. 2545-117 - 3 - The Director orders: (A) Avista Corporation’s 2015-2019 Wetland and Riparian Habitat Protection and Enhancement Plan, filed September 30, 2015 pursuant to Article 401 of the license for the Spokane River Hydroelectric Project No. 2545, is approved. (B) This order constitutes final agency action. Any party may file a request for rehearing of this order within 30 days from the date of its issuance, as provided in section 313(a) of the Federal Power Act, 16 U.S.C. § 825l (2012), and the Commission’s regulations at 18 C.F.R. § 385.713 (2015). The filing of a request for rehearing does not operate as a stay of the effective date of this order, or of any other date specified in this order. The licensee’s failure to file a request for rehearing shall constitute acceptance of this order. Steve Hocking Chief, Environmental and Project Review Division of Hydropower Administration and Compliance 20160120-3025 FERC PDF (Unofficial) 01/20/2016 155 FERC ¶ 62,045 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION ORDER AMENDING PROJECT BOUNDARY (Issued April 18, 2016) 1. On March 15, 2016, Avista Corporation, licensee for the Spokane RiverHydroelectric Project No. 2545, filed a request to remove a 0.15 acre parcel of land fromthe project boundary. The project is located on the Spokane River in Spokane, Lincoln,and Stevens counties, Washington; and in Kootenai and Benewah counties, Idaho. Theproject occupies lands within Coeur d’ Alene Indian Reservation administered by the U.S. Bureau of Indian Affairs, and lands administered by the U.S. Bureau of Land Management and the U. S. Department of Agriculture’s Forest Service. 2. According to the licensee, this 0.15-acre parcel of land was included in the project boundary as a remnant of the original Monroe Street Hydroelectric Development transmission line right-of-way. The parcel has not served any project purposes since before the new powerhouse was built in the 1990s and is more than 75-feet from project waters. The parcel of land does not include federal or state land as it is currently owned by the licensee and managed by the City of Spokane (the City). The lands surrounding the proposed parcel for removal are owned by the City, with the exception of a narrow section that has a physical connection to the licensee’s Huntington Park. The small area adjacent to Huntington Park is not accessible to, or used by the public for recreation due to its woody and steep terrain from either the park or the Spokane Falls Boulevard which boarders the areas other side. Additionally, there are no federally listed species of concern within the area of proposed removal. 3. The licensee proposes to remove the land from the project boundary and ifapproved by the Commission, transfer in fee the 0.15 acre parcel to the City. The City is currently addressing storm water issues and determined that acquiring the land will aide in these efforts. Removing the land would ensure that the boundary only includes property that is necessary for the safe and effective operation of the project. 4. Removing the land from the project boundary as discussed above at the Spokane River Project would not adversely affect project operation as the parcel has not been used for project purposes since the construction of the new powerhouse and is essentially surrounded by City property. The removal of the parcel from the project boundary will Doc. No. 2016-141289 Project No. 2545-173 - 2 - not affect recreation at Huntington Park as the area is a steep cliff which recreationalists at the park cannot access. Additionally, its removal does not pose an adverse effect on wildlife or cultural resources as there are no federally listed or species of concern nor are there historic resources in the area. Given that the removal of land does not conflict with the operation or recreational values at the project, and its removal from the project boundary is purely administrative, the licensee's proposal should be approved. The Director orders: (A) Avista Corporation’s application to remove lands from its project boundary, filed on March 15, 2016, for the Spokane River Hydroelectric Project No. 2545, is approved. (B) Within 90 days of the issuance date of this order, Avista Corporation must file, for Commission approval, revised Exhibit G drawing(s) affected by the revision to the project boundary approved in paragraph (A). The Exhibit G drawing(s) must comply with sections 4.39 and 4.41 of the Commission’s regulations. (C) This order constitutes final agency action. Any party may file a request for rehearing of this order within 30 days from the date of its issuance, as provided in section 313(a) of the Federal Power Act, 16 U.S.C. § 825l (2012), and the Commission’s regulations at 18 C.F.R. § 385.713 (2015). The filing of a request for rehearing does not operate as a stay of the effective date of this order, or of any other date specified in this order. The licensee’s failure to file a request for rehearing shall constitute acceptance of this order. Robert J. Fletcher, Chief Land Resources Branch Division of Hydropower Administration and Compliance 155 FERC ¶ 62,049 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION ORDER APPROVING UPDATED LAND USE MANAGEMENT PLAN (Issued April 19, 2016) 1. On March 9, 2016, Avista Corporation (licensee) filed an updated Spokane RiverLand Use Management Plan (plan) pursuant to Article 419 of the license for the SpokaneRiver Project No. 2545.1 The project is located on the Spokane River in Spokane,Lincoln, and Stevens counties, Washington; and in Kootenai and Benewah counties,Idaho. The project occupies lands within Coeur d’ Alene Indian Reservation administered by the U.S. Bureau of Indian Affairs, and lands administered by the U.S. Bureau of Land Management and the U. S. Department of Agriculture’s Forest Service. 2. Article 419 requires the licensee to file a Land Use Management Plan to protect the scenic quality and environmental resources of the Spokane River and Coeur d’Alene Lake. The plan must include provisions to review and update the plan every five years. The plan must be prepared in consultation with the U.S. Fish and Wildlife Service, U.S. Bureau of Land Management, the Idaho Department of Fish and Game, Idaho Department of Parks and Recreation, the Washington Department of Fish and Wildlife, Washington State Parks and Recreation Commission, Washington Department of Natural Resources, and the Coeur d’Alene Tribe. 3. The licensee’s most recent Land Use Management Plan was approved via Commission order on March 9, 2011. Article 419 and the licensee’s proposed plan did not provide a specific due date for the plan updates; as such, the March 2011 Order requires the licensee to file the five year updates by March 9.2 1 Order Issuing New License and Approving Annual Charges for Use of Reservation Lands (127 FERC ¶ 61,265), issued June 18, 2009. 2 Order Modifying And Approving Spokane River Land Use Management Plan Pursuant To Article 419 (134 FERC ¶ 62,227), issued March 9, 2011. Doc. No. 2016-141294 Project No. 2545-172 - 2 - 4. The updated plan describes land use within the project including recreation, terrestrial, and cultural resources. The licensee includes cultural and natural resource protection policies that will apply to the management and use of licensee owned lands, as well as, public access management. The updated plan lists land use categories and an estimate of acreages for each category for conservation, public recreation, private recreation, and closed/restricted lands. Descriptions of these categories identify allowable and prohibited uses. Updated maps of the land use categories were included in the plan. Site-specific and resource-specific plans and programs relevant to land use management and resource protection on project lands, such as a fire and fuel management program and control of terrestrial noxious weeds are included. 5. Under the noxious weed control program, the licensee will survey and map terrestrial noxious weeds, coordinate with weed boards, implement site-specific weed control actions, monitor the effectiveness of these actions annually, and prepare annualreports summarizing weed management activities and their effectiveness. The reports will be made available to the U.S. Fish and Wildlife Service, Washington Department of Fish and Wildlife, Washington Department of Natural Resources, and Idaho Department of Fish and Game upon request. A five-year summary report will be prepared and included in the review and update of the plan submitted to the appropriate agencies and the Commission for review. 6. The licensee will also implement a permit, lease, and easement program subject to the regulations and obligations imposed by its license. The updated plan includes requirements for private recreation permits, recreation facility management leases and easements, and annual monitoring and review. The licensee also includes guidelines for any requests for special exceptions for requests of proposals for facilities and developments on licensee lands that are not consistent with the land use management goals, objectives, and policies. 7. The March 9, 2016 proposed plan update includes only minor editorial revisions and revisions to the guidelines for special exemption requests (Section 7.2). The proposed plan update also incorporates updated maps which include the additional land previously approved at the Long Lake and Nine Mile Dam Overlooks.3 The Terrestrial Noxious Weed Summary Report summarizing weed management implemented by the licensee from 2011 through 2015, as required by the previously approved plan was also included in the filing. 3 Order Modifying and Approving Recreation Plan Amendment and Trailer Park Wave Access Site Plan (143 FERC ¶ 62,186), issued June 12, 2013. The Commission approved Revised Exhibit G drawings incorporating the additional land into the project boundary via Order Modifying and Approving Revised Exhibit G Drawings (144 FERC ¶ 62,077) issued July 29, 2013. Project No. 2545-172 - 3 - 8. A draft of the plan and Terrestrial Noxious Weed Summary Report was sent to the appropriate agencies for review and comment. Comments were received from the Coeur d’Alene Tribe, Washington State Parks and Recreation Commission, Idaho Fish and Game, Washington Department of Natural Resources, Idaho Department of Parks and Recreation, U.S. Bureau of Land Management, U. S. Forest Service, and Washington Department of Fish and Wildlife. All of the agency recommendations and comments were either incorporated into the final plan or appropriately addressed by the licensee; documentation of the consultation and incorporated comments is included in the filing. 9. The updates incorporated by the licensee are minor in nature and did not change the intent or requirements of the previously approved plan. Updates to the maps included in the plan were necessary as land was added to the project due to recreational improvements identified in the Spokane River and Post Falls Hydroelectric Developments Recreation Plan. The Commission approved the revised Exhibit Gdrawings which depict the additional lands in the Order Modifying and Approving revised Exhibit G drawings in 2013. 10. The updated plan will continue to help protect the scenic quality and environmental resources at the project. The filed plan complies with the requirements of Article 419 and should be approved. The Director orders: (A) The Spokane River Land Use Management Plan five-year update, filed March 9, 2016, pursuant to license Article 419 for the Spokane River Project No. 2545, is approved. (B) This order constitutes final agency action. Any party may file a request for rehearing of this order within 30 days from the date of its issuance, as provided in section 313(a) of the Federal Power Act, 16 U.S.C. § 825l (2012), and the Commission’s regulations at 18 C.F.R. § 385.713 (2015). The filing of a request for rehearing does not operate as a stay of the effective date of this order, or of any other date specified in this order. The licensee’s failure to file a request for rehearing shall constitute acceptance of this order. Robert J. Fletcher, Chief Land Resources Branch Division of Hydropower Administration and Compliance 154 FERC ¶ 62,061 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION ORDER APPROVING 2013 AND 2014 ANNUAL REPORTS AND 2014 AND 2015 IMPLEMENTATION PLANS PER ARTICLE 402, ANNUAL THREATENED AND ENDANGERED SPECIES PLANS PER ARTICLE 432, AND ANNUAL FISHWAY PLANS PER ARTICLE 433 (Issued January 28, 2016) 1. On April 15, 2014 and March 26, 2015, Avista Corporation (licensee) filed its 2013 Annual Report and 2014 Implementation Plans and 2014 Annual Report and 2015 Implementation Plans, respectively, pursuant to license Article 402 for the Clark Fork Hydroelectric Project No. 2058.1 Also included with the licensee's annual reports were its annual Threatened and Endangered (T&E) Species Plans required by license Article 432 and its annual Fishway Plans required by license Article 433. The project consists of the Noxon Rapids and Cabinet Gorge developments, and is located on the Clark Fork River in Bonner County, Idaho and Sanders County, Montana and does not occupy federal lands. BACKGROUND 2. License Article 402 requires, in part, that an Administrative Plan and Annual Report be filed with the Federal Energy Regulatory Commission (Commission) on or before April 15 of each year, for Commission approval, and address all the resource protection, mitigation and enhancement measures in license articles 404 through 430 that were implemented during the previous calendar year, and all proposed implementationplans for the current calendar year. 1 Order Issuing New License. 90 FERC ¶ 61,167 (issued February 23, 2000). Doc No. 2016-141380 Project No. 2058-014, et al. 2 3. License Article 432 requires, in part, that the licensee file on or before April 15 of each year, for Commission approval, a T&E Species Plan that addresses the licensee's compliance with the terms and conditions of the incidental take statement issued by the U.S. Fish and Wildlife Service (FWS) on August 23, 1999, and included as Appendix D in the Order Issuing New License. Further, Article 432 states that the plan shall include, at a minimum, any modifications to project facilities or operations proposed to minimize the taking of bull trout. 4. Similarly, license Article 433 requires, in part, that the licensee file on or before April 15 of each year, a Fishway Plan that addresses the licensee's compliance with the fishway prescriptions contained in Appendix C of the Order Issuing New License. The plan is required to include, at a minimum, a detailed description of any fish passage devices or measures, including experimental trap and truck programs, and any proposed modifications to project facilities or operations. LICENSEE'S FILINGS AND PLANS 5. The licensee’s filings include its 2013 and 2014 annual reports and 2014 and 2015 annual implementation plans. The annual reports contain an account of activities conducted under license articles 404 through 443, which included continued efforts to manage cultural, recreation, terrestrial, and aquatic resources at the project. The annual implementation plans include specific measures that would be implemented to enhance water and terrestrial resources, including the annual T&E species and fishway plans and reports under license articles 432 and 433, respectively. They also provide budget summaries for implementing the various proposals. 6. The licensee’s 2014 annual report identified implementation of various activities to benefit aquatic, terrestrial and cultural resources. Among other activities, 63 adult bull trout were captured in the lower Clark Fork River below Cabinet Gorge Dam were transported to Montana, which represents the highest number of adults transported in any year to date; the second year of testing and evaluation of the permanent weir trap on Graves Creek was completed and showed the trap was efficient in capturing juvenile bull trout; work continued in the preparation for the Cabinet Gorge permanent fishway with permit acquisition and infrastructure development; construction of the Cabinet Gorge Fish Handling and Holding Facility was nearly completed; and modifications to the total dissolved gas abatement structures on Cabinet Gorge spillway #2 were completed and successfully tested. 7. Among the activities identified under the 2014 T&E species and fishway plans and associated reports, the licensee continued to implement its rapid response genetic analysis program for processing bull trout samples and transporting fish to appropriate locations based on genetic analysis, which included the 63 adult bull trout captured and genetically Project No. 2058-014, et al. 3 assigned and transported to Montana tributaries. With regard to the basin-wide 5-year pathogen survey, the current requirement to lethally sample 60 bull trout for pathogens annually was being discussed as part of ongoing efforts to reach agreement and emend the Clark Fork Settlement Agreement (CFSA) to resolve pathogen and other outstanding issues related to the proposed construction and operation of the permanent fishway at Cabinet Gorge Dam. 8. Regarding the Cabinet Gorge Dam permanent fishway, the licensee continued to work with the project Management Committee (MC), which includes the FWS, Montana Fish, Wildlife, and Parks (MFWP), and Idaho Department of Fish and Game (IDFG), toward resolution of several issues associated with the proposed construction of the upstream fishway. Most notably, this included draft changes to the Montana Administrative Rule to reach agreement on the bull trout and westslope cutthroat trout pathogen sampling/policy issue. Accordingly, MC group representatives and their attorneys worked on drafting an amendment to the CFSA which would memorialize the groups’ agreement as to the outstanding issues related to permanent upstream fishway construction and operation, including Cabinet Gorge Dam minimum flow, funding for operations of the fishway, timing of Noxon Dam fishway construction, long-term resolution of the pathogen and Montana import permit issue, assurances regarding the satisfaction of the licensee’s mitigation obligations, and overall approval language for fishway construction and design. According to the licensee’s 2014 annual report, the parties were still awaiting FWS’s comments and edits regarding the draft CFSA amendment. 9. The licensee’s Cabinet Gorge Fish Handling and Holding Facility construction was at the 90 percent completion level at the end of 2014 with final completion scheduled for early 2015. The Noxon Rapids Dam permanent production fishway and fish handling facility was at the 30 percent preliminary engineering design report and accompanying drawing level. However, due to the aforementioned unresolved issues related to the Cabinet Gorge permanent fishway, the licensee and the resource agencies agreed to postponing further work on the fishway, until such time that real-time pathogen testing techniques are available or pathogens are no longer an issue in the Clark Fork drainage, no new work associated with the Noxon fishway and fish handling facility occurred in 2014. 10. Among the elements of the 2015 T&E species and fishway plans, the licensee proposes to continue to implement its rapid response genetic analysis program; continue capture of adult bull trout for genetic analysis and associated transport; continue ongoing bull trout and westslope cutthroat trout pathogen sampling in Idaho to fulfill MFWP requirements to allow upstream fish passage; initiate the westslope cutthroat trout experimental transport passage project; and begin utilization of the Cabinet Gorge Fish Handling and Holding Facility. In its filing, the licensee states that the final construction Project No. 2058-014, et al. 4 contract documents for the design of the Cabinet Gorge Dam permanent fishway would be completed in 2015 pending resolution of the aforementioned outstanding issues with the FWS related to the proposed CFSA amendment. COMMENTS ON THE ANNUAL REPORTS AND PLANS 11. The licensee prepared its reports and plans in consultation with the project MC, including the FWS, MFWP, and IDFG. The 2013 annual report and 2014 implementation plans were submitted to Committee members for a 30-day review period and were discussed at the March 2014 MC meeting. The licensee states that the 2014 implementation plans were approved by the MC, including the FWS. Regarding the 2013 annual report, the IDFG provided comments which were incorporated into the final 2013 annual report filed with the Commission. By letters dated March 20 and April 9, 2014 and included in the licensee’s filing, the FWS provided various comments regarding the 2013 annual report, which largely pertained to the outstanding issues regarding upstream fish passage facilities and the upstream fish transport program. By letters dated April 11 and 17, 2014 and also included in the licensee’s filing, the licensee responded to the FWS’ letters. In response to the FWS’s March 20, 2014 letter, the licensee added additional information to the 2013 annual report regarding the capture and release of three adult bull trout below Cabinet Gorge Dam in April and May 2013. However, the licensee declined to make remaining changes identified in the FWS’s March 20 and April 9, 2014 letters due to the fact that they pertain to the previously identified outstanding issues regarding upstream fishways. 12. The licensee’s 2014 annual report and 2015 implementation plans were also prepared in consultation with the project MC, submitted to Committee members for a 30- day review period, and discussed at the March 2015 MC meeting. According to the licensee, one comment on the 2014 annual report was received from the FWS which was incorporated into the final 2014 annual report filed with the Commission. The 2015 annual implementation plans were approved by the MC, including the FWS. With regard to the outstanding issues related to the Cabinet Gorge fishway, which address long-term upstream passage of bull trout, associated pathogen assessments and permitting requirements, agreement on minimum flows below Cabinet Gorge Dam and associated fishway design components and operations, and agreement on the appropriate source of funding for fishway operations, the licensee asserts that these issues do not warrant Commission action at this time. Rather, the licensee continues to work toward resolution of these matters through the proposed draft amendment to the CFSA which is pending review by the FWS, and ultimately MC approval. Project No. 2058-014, et al. 5 DISCUSSION AND CONCLUSION 13. The licensee is reporting on activities conducted in 2013 and 2014 under license articles 404-443, which includes annual T&E species and fishway reports and plans under license articles 432 and 433. The licensee also provides summaries of all aquatic, terrestrial, cultural, and recreation activities planned for the 2014 and 2015 calendar years. Although we recognize that various matters regarding installation of permanent upstream fish passage facilities at Cabinet Gorge Dam remain unresolved, the Commission’s October 16, 2013 order2 requires the licensee to file semi-annual progress reports. These reports are intended to keep the Commission apprised of the status and associated progress regarding resolution of these matters, which appear to be a satisfactory means, at least in the interim, of ensuring continued progress toward resolution of these matters or until the licensee’s proposed CFSA amendment is filed with the Commission. 14. Review of the licensee’s 2013 and 2014 annual reports and 2014 and 2015 implementation plans indicate that they were developed in consultation with the Management Committee and meet the requirements of license Article 402. In addition, review of the 2014 and 2015 annual threatened and endangered species and fishway plans also indicate the they satisfy the requirements of license articles 432 and 433, respectively. Accordingly, the licensee’s 2013 and 2014 annual reports and 2014 and 2015 implementation plans should be approved. The Director orders: (A) Avista Corporation’s (licensee) 2013 Annual Report and 2014 Implementation Plans, and 2014 Annual Report and 2015 Implementation Plans for the Clark Fork Project, filed April 15, 2014 and March 26, 2015, respectively, pursuant to license Article 402, are approved. (B) The licensee's 2014 and 2015 Annual Threatened and Endangered Species Plans and Annual Fishway Plans satisfy the requirements of license articles 432 and 433, respectively, and are approved. 2 Order Modifying and Approving 2012 Annual Report and 2013 Annual Implementation Plans Per Article 402, Annual Threatened and Endangered Species Plan Per Article 432, and Annual Fishway Plan Per Article 433. 145 FERC ¶ 62,038. Project No. 2058-014, et al. 6 (C)This order constitutes final agency action. Any party may file a request for rehearing of this order within 30 days from the date of its issuance, as provided in section 313(a) of the Federal Power Act, 16 U.S.C. § 8251 (2012), and the Commission’s regulations at 18 C.F.R. § 385.713 (2015). The filing of a request for rehearing does not operate as a stay of the effective date of this order, or of any other date specified in this order. The licensee’s failure to file a request for rehearing shall constitute acceptance of this order. Thomas J. LoVullo Chief, Aquatic Resources Branch Division of Hydropower Administration and Compliance 151 FERC ¶ 62,046 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Spokane Energy, LLC Docket No. EC15-82-000 Avista Corporation ORDER AUTHORIZING ACQUISITION AND DISPOSITION OF JURISDICTIONAL FACILITIES (Issued April 21, 2015) On March 2, 2015, as supplemented on April 8, 2015, Spokane Energy, LLC (Spokane Energy) and Avista Corporation (Avista) (collectively, Applicants), filed anapplication under section 203 of the Federal Power Act (FPA)12 requesting Commissionauthorization for the disposition of jurisdictional facilities resulting from a transaction under which Spokane Energy will assign and transfer its interests in an Agreement for Long-Term Purchase and Sale of Firm Capacity (Capacity Contract) to its parent company, Avista (Proposed Transaction). The jurisdictional facility associated with the Proposed Transaction is the Capacity Contract. According to Applicants, Spokane Energy is a Washington limited liability company whose principal place of business is in Spokane, Washington. Spokane Energy, a wholly-owned subsidiary of Avista, was formed for the sole purpose of holding the Capacity Contract which is the subject of this Application. Spokane Energy is authorized to sell electric energy and capacity at wholesale and at market-based rates. Applicants state that Spokane Energy does not own, operate, or control any electric transmission, distribution, or generation assets. Applicants state that Avista (formerly known as the Washington Water Power Company (Washington Power)) is a corporation created and organized under the laws of the State of Washington with its principal office in Spokane, Washington. Avista is an investor-owned utility engaged in the business of generating, transmitting, and distributing electric power to wholesale and retail customers and transmitting electric power on behalf of third parties. Avista is authorized by the Commission to engage in sales of capacity and energy at cost-based and market-based rates. Applicants state that Avista also offers open-access transmission services pursuant to its Commission- 1 Applicants are reminded to specify whether they are applying under 203(a)(1) or 203(a)(2). 2 16 U.S.C. § 824b (2012). 20150421-3025 FERC PDF (Unofficial) 04/21/2015 Docket No. EC15-82-000 - 2 - approved Open Access Transmission Tariff. Avista is also engaged in the distribution of natural gas in certain portions of Washington, Idaho, and Oregon. According to Applicants, the Capacity Contract was originally between Washington Power and Portland General Electric Company (Portland General). The Capacity Contract was originally executed in 1992 and will expire by its terms on December 31, 2016. The Capacity Contract is a “right-to-capacity” agreement, whereby Washington Power was to make 150 megawatts of capacity available to Portland General at rates specified in the Capacity Contract. Applicants state that Portland General schedules energy out of this capacity when it needs such and later returns an equal amount of energy. According to Applicants, in 1998 Washington Power assigned its rights and obligations under the Capacity Contract and all of the transmission rights necessary to perform under the Capacity Contract to Spokane Energy. After the assignment, Spokane Energy met its obligations under the Capacity Contract through a matching agreement it entered into with Enron Power Marketing, Inc. (Enron) (which was later assumed by Peaker LLC (Peaker)), under which Enron and later Peaker delivered the required capacity and energy to Spokane Energy from specific generators providing the energy, and accepted return energy from Spokane Energy on the Washington Power/Avista system. Enron in turn entered into a matching agreement with Washington Power (later assumed by Peaker and Avista, respectively) under which Washington Power/Avista provided the required capacity and energy to Enron/Peaker from specific generators providing the energy and accepted return energy from Enron/Peaker on Washington Power’s/Avista’s system. Washington Power/Avista also provided Spokane Energy with any necessary scheduling and billing services under a services agreement. Applicants state that in consideration of the assignment, Spokane Energy provided Washington Power a lump sum payment based on the present value of the stream of payments under the Capacity Contract. Spokane Energy received the lump sum amount from a funding vehicle (Trust) which did not take title to any power or own any facilities for the sale of power at wholesale or for the transmission of power. According to Applicants, in exchange for the amount Spokane Energy received from the Trust, the Trust was to be repaid with all but $1.00/kilowatt-month of the amounts received by Spokane Energy from Portland General under the Capacity Contract. According to Applicants, the proceeds from the Capacity Contract through December 31, 2014, repaid the Trust in full. Accordingly, Applicants submit that after December 31, 2014, the contracts that were required to facilitate this arrangement are no longer necessary and there is no longer any reason for Spokane Energy to hold the Capacity Contract. Therefore, Spokane Energy and Avista intend to terminate their contracts with Peaker, and Spokane Energy proposes to assign the Capacity Contract back to Avista. After the assignment, Avista will directly meet its obligations under the 20150421-3025 FERC PDF (Unofficial) 04/21/2015 Docket No. EC15-82-000 - 3 - Capacity Contract. Applicants state that Avista already provided the capacity and energy and receives the return energy under the Capacity Contract through the various contracts (described above) between and among Avista, Spokane Energy, and Peaker. According to Applicants, the reassignment of the Capacity Contract back to Avista will provide for more efficient administration of the Capacity Contract. According to Applicants, the Proposed Transaction is consistent with the public interest and will have no adverse effect on competition, rates, or regulation. Applicants state that the Proposed Transaction raises no concerns with respect to horizontal or vertical market power in wholesale markets because the proposed transfer will not result in any increase in control over, or ownership of, generation or transmission facilities. Therefore, Applicants state that while the Proposed Transaction involves a disposition of jurisdictional facilities, it does not raise any generation or vertical market power concerns. According to Applicants, the Proposed Transaction will not have an adverse effectwith respect to rates. Avista does not propose to change rates for service as a result of the Proposed Transaction. Specifically, Avista will continue to record an amortization of the portion of the lump sum payment received to Account 447.74 (power sales) and an appropriate portion to Account 447.71 (transmission) through the year 2016. Applicants add that revenues from the Capacity Contract will also be recorded monthly in Accounts 447.74 and 447.71. Applicants state that the Proposed Transaction will not have an adverse effect with regard to regulation. The Commission’s regulatory jurisdiction over Avista will continue after the assignment. Applicants add that Avista will continue to be subject to the jurisdiction of the state utility commissions with regard to any retail ratepayers. Applicants state that, based on facts and circumstances known to them or that are reasonably foreseeable, the Proposed Transaction will not result in, at the time of the closing or in the future, cross-subsidization of a non-utility associate company or the pledge or encumbrance of assets of a traditional public utility that has captive customers or that owns or provides transmission service over jurisdictional facilities for the benefit of an associate company. Applicants state that the Proposed Transaction does not include any non-utility associate company. Moreover, the Proposed Transaction does not result in any new pledge or encumbrance of utility assets for the benefit of any associate company. Therefore, Applicants state that the Proposed Transaction does not raise any concerns with respect to cross-subsidization. Applicants add that the Proposed Transaction does transfer facilities (the Capacity Contract) from Spokane Energy (a public utility that does not have any captive customers) to its parent, Avista (a traditional public utility that does have captive customers). However, Applicants state that Avista currently performs the obligations 20150421-3025 FERC PDF (Unofficial) 04/21/2015 Docket No. EC15-82-000 - 4 - under the Capacity Contract through a series of contractual arrangements between and among Avista, Peaker, and Spokane Energy. Applicants submit that the Trust has been repaid, so those contractual arrangements are no longer necessary. Accordingly, Applicants state that if the Commission approves the Proposed Transaction and the proposed assignment becomes effective, Avista will hold the Capacity Contract such that its obligations will be directly pursuant to the Capacity Contract rather than the complex contractual arrangements that currently exist. Further, Applicants verify that the Proposed Transaction will not at the time of completion or in the future result in: (1) any new issuance of securities by a traditional public utility associate company that has captive customers or that owns or provides transmission service over jurisdictional transmission facilities, for the benefit of an associate company; (2) any new pledge or encumbrance of assets of a traditional public utility associate company that has captive customers or that owns or provides transmission service over jurisdictional transmission facilities, for the benefit of an associate company; or (3) any new affiliate contract between a non-utility associate company and a traditional public utility associate company that has captive customers or that owns or provides transmission service over jurisdictional transmission facilities, other than non-power goods and service agreements subject to review under sections 205 and 206 of the FPA. The filings were noticed on March 4, 2015, and April 8, 2015, with comments, protests, or interventions due on or before March 24, 2015 and April 20, 2015, respectively. None were received. Notices of intervention and unopposed timely filed motions to intervene are granted pursuant to the operation of Rule 214 of the Commission's Rules of Practice and Procedure.3 Any opposed or untimely filed motion to intervene is governed by the provisions of Rule 214. Information and/or systems connected to the bulk system involved in this transaction may be subject to reliability and cybersecurity standards approved by the Commission pursuant to FPA section 215. Compliance with these standards is mandatory and enforceable regardless of the physical location of the affiliates or investors, information database, and operating systems. If affiliates, personnel or investors are not authorized for access to such information and/or systems connected to the bulk power system, a public utility is obligated to take the appropriate measures to deny access to this information and/or the equipment/software connected to the bulk power system. The mechanisms that deny access to information, procedures, software, equipment, etc., must comply with all applicable reliability and cybersecurity standards. 3 18 C.F.R. § 385.214 (2014). 20150421-3025 FERC PDF (Unofficial) 04/21/2015 Docket No. EC15-82-000 - 5 - The Commission, North America Electric Reliability Corporation or the relevant regional entity may audit compliance with reliability and cybersecurity standards. Order No. 652 requires that sellers with market-based rate authority timely report to the Commission any change in status that would reflect a departure from the characteristics the Commission relied upon in granting market-based rate authority.4 The foregoing authorization may result in a change in status. Accordingly, the Applicants are advised that they must comply with the requirements of Order No. 652. In addition, the Applicants shall make any necessary filings under section 205 of the FPA to implement the Proposed Transaction. After consideration, it is concluded that the Proposed Transaction is consistent with the public interest and is authorized, subject to the following conditions: (1)The Proposed Transaction is authorized upon the terms and conditions and for the purposes set forth in the application; (2)The foregoing authorization is without prejudice to the authority of the Commission or any other regulatory body with respect to rates, service, accounts, valuation, estimates or determinations of costs, or any other matter whatsoever now pending or which may come before the Commission; (3)Nothing in this order shall be construed to imply acquiescence in any estimate or determination of cost or any valuation of property claimed or asserted; (4)The Commission retains authority under sections 203(b) and 309 of the FPA to issue supplemental orders as appropriate; (5) If the Proposed Transaction results in changes in the status or upstream ownership of the Applicants’ affiliated qualifying facilities, an appropriate filing for recertification pursuant to 18 C.F.R. § 292.207 (2014) shall be made; (6) Applicants must inform the Commission of any change in circumstances that would reflect a departure from the facts the Commission relied upon in 4 Reporting Requirement for Changes in Status for Public Utilities with Market- Based Rate Authority, Order No. 652, 70 Fed. Reg. 8,253 (Feb. 18, 2005), FERC Stats. & Regs. ¶ 31,175, order on reh’g, 111 FERC ¶ 61,413 (2005). 20150421-3025 FERC PDF (Unofficial) 04/21/2015 Docket No. EC15-82-000 - 6 - authorizing the Proposed Transaction; (7) Applicants shall make appropriate filings under section 205 of the FPA, as necessary, to implement the Proposed Transaction; and (8) Applicants shall notify the Commission within 10 days of the date that the disposition of jurisdictional facilities has been consummated. This action is taken pursuant to the authority delegated to the Director, Division of Electric Power Regulation - West, under 18 C.F.R. § 375.307 (2014). This order constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days of the date of issuance of this order, pursuant to 18 C.F.R. § 385.713(2014). Steve P. Rodgers Director Division of Electric Power Regulation - West 20150421-3025 FERC PDF (Unofficial) 04/21/2015 Document Content(s) EC15-82-000.DOC.......................................................1-6 20150421-3025 FERC PDF (Unofficial) 04/21/2015 151 FERC ¶ 61,123 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Before Commissioners: Norman C. Bay, Chairman; Philip D. Moeller, Cheryl A. LaFleur, Tony Clark, and Colette D. Honorable. Avista Corporation Docket No. EL15-19-000 ORDER GRANTING PETITION FOR DECLARATORY ORDER (Issued May 14, 2015) 1.On November 10, 2014, Avista Corporation (Avista) filed a petition for declaratory order under Rule 207 of the Commission’s Rules of Practice and Procedure, and sections 366.3(b)(l)(i) and 366.3(d) of the Commission’s regulations,1 requesting exemption from certain requirements under the Public Utility Holding Company Act of 2005 (PUHCA 2005).2 In this order, we find that PUHCA 2005, by its terms, exempts Avista from these requirements, and we grant Avista’s petition. I.Background 2.Avista states that it is an investor-owned utility that engages in, among other things, the production, transmission, and distribution of electric energy in Washington and Idaho, and in the local distribution of electric energy in Washington, Idaho, and Oregon. Avista is a public utility under the Federal Power Act (FPA), and it owns Spokane Energy, LLC, which, at the time the petition was filed, was a public utility whose sole purpose is to hold an agreement for long-term purchase and sale of firm capacity.3 Avista states that Spokane Energy, LLC does not own any transmission or generation facilities. Avista states that it became a holding company under PUHCA 2005 1 18 C.F.R. §§ 385.207(a), 366.3(b)(1), 366.3(d), and 366.4(b)(3) (2014). 2 42 U.S.C. §§ 16451-63 (2012). 3 The Commission authorized Spokane Energy, LLC to assign the long-term purchase and sale firm capacity agreement to Avista. Spokane Energy LLC, 151 FERC ¶ 62,046 (2015). As a result, Spokane Energy, LLC is no longer a public utility under either the FPA or PUHCA 2005, and is no longer relevant to our analysis of Avista’s petition. 20150514-3030 FERC PDF (Unofficial) 05/14/2015 Docket No. EL15-19-000 2 as a result of acquiring Alaska Energy and Resources Company (Alaska Energy), the owner of Alaska Electric Light and Power (Alaska Light and Power), which is an electric utility company under PUHCA 2005.4 Avista states that it completed this acquisition on July 1, 2014. II.Petition 3.Avista states that the issue its petition presents is whether Avista and its associate companies qualify for an exemption under section 366.3(b)(1)(i) of the Commission’s regulations, which provides for exemptions from certain requirements of the Commission’s regulations under PUHCA 2005. 4.Avista notes that section 366.2 of the Commission’s regulations generally provides that, unless otherwise exempted by Commission rule or order, each holding company and associate company within the holding company system must maintain and make available to the Commission “such books, accounts, memoranda, and other records as the Commission determines are relevant to costs incurred by a public utility or natural gas company that is an associate company of such holding company and necessary or appropriate for the protection of utility customers with respect to jurisdictional rates.”5 Avista states that section 366.3(b)(1)(i) of the Commission’s regulations provides an exemption from these requirements if the Commission finds that the books, accounts, memoranda, and other records are not relevant to the jurisdictional rates of a public utility or natural gas company.6 4 Alaska Energy also owns AJT Mining Properties; and Snettisham Electric Company. Snettisham Electric Company is currently a single purpose entity that holds an option agreement that gives it an option to purchase the Snettisham hydroelectric project from the Alaska Industrial Development and Export Authority. 5 Petition at 5 (quoting 18 C.F.R. § 366.2(a) (2014)). The Commission’s accounting and recordkeeping requirements under PUHCA 2005 are set forth in sections 366.21, 366.22, and 366.23 of the Commission’s regulations. 18 C.F.R. §§ 361.21-.23 (2014); see also 18 C.F.R. pt. 367 (2014). 6 Avista also notes that an exemption from any such requirements will not “limit[] the Commission’s authority under the FPA or the [Natural Gas Act].” Petition at 5 (quoting Repeal of the Public Utility Holding Company Act of 1935 and Enactment of the Public Utility Holding Company Act of 2005, Order No. 667, FERC Stats. & Regs. ¶ 31,197, at P 204 (2005), order on reh’g, Order No. 667-A, FERC Stats. & Regs. ¶ 31,213, order on reh’g, Order No. 667-B, FERC Stats. & Regs. ¶ 31,224 (2006), order on reh’g, Order No. 667-C, 118 FERC ¶ 61,133 (2007)). 20150514-3030 FERC PDF (Unofficial) 05/14/2015 Docket No. EL15-19-000 3 5.Avista maintains that the books, accounts, memoranda, and other records of its non-public utility associate companies, including Alaska Energy and Alaska Light and Power, are not relevant to the jurisdictional rates of Avista because no improper cross- subsidization exists between and among, any public utility and any associate company within Avista’s holding company system. Avista states that any costs associated with a non-public utility company in the Avista holding company system are allocated to that company and are not included in jurisdictional rates. Consequently, Avista requests an exemption from sections 366.21, 366.22, and 366.23 of the Commission’s regulations.7 6.Avista adds that as part of its acquisition of Alaska Energy, it sought authorizations from the state public utility commissions of Washington, Idaho, Oregon, Montana, and Alaska. Avista states that it represented in its applications that there would be no cross-subsidization between Avista and its subsidiary companies, including Alaska Light and Power. It also represented that Alaska Energy and Alaska Light and Power will continue to operate as separate entities, and that Alaska Light and Power will operate as a stand-alone utility, continuing its electric utility operations with its existing management team.8 7.Avista states that its state commissions issued the necessary approvals for the acquisition of Alaska Energy. It also states that some state commissions conditioned their approval upon additional controls. For example, the Public Utility Commission of Oregon conditioned its approval upon Avista agreeing to further ring fencing controls. Avista states that, in accordance with the conditions that certain state commissions have required, it agreed to: (i) maintain a capital structure of no less than 40 percent common equity; (ii) not ask for rate recovery in Oregon of any costs associated with Alaska Energy, including premium or goodwill; and (iii) not ask for rate recovery in Oregon for any Alaska Energy acquisition transaction costs or acquisition period incremental executive bonuses.9 8.Avista states that all costs associated with the due diligence and other activities related to its acquisition of Alaska Energy prior to closing the acquisition on July 1, 2014 were tracked and assigned to a non-utility account. Avista states that following the acquisition, to the extent it incurs any costs (e.g., employee time, plant, etc.) to support Alaska Energy or Alaska Light and Power, it will track and assign those costs to Alaska Energy or Alaska Light and Power, respectively. Avista also states that, to the extent any 7 Petition at 5-6. 8 Id.at 7. 9 Id.at 8. 20150514-3030 FERC PDF (Unofficial) 05/14/2015 Docket No. EL15-19-000 4 associate company, including Alaska Energy and Alaska Light and Power, incurs any costs (employee time, plant, etc.) to support any Avista operations, such costs will also be tracked and assigned to Avista. Avista expects assignment of costs both to and from Alaska Light and Power to be small because Alaska Light and Power will continue to operate as a stand-alone utility.10 9.Avista states that by instituting this direct assignment protocol, it has taken steps to ensure that any costs associated with Alaska Energy and its subsidiaries will be properly tracked and assigned to the appropriate entity. According to Avista, there will as a result be no improper cross-subsidization between and among, on the one hand, Avista and, on the other hand, any of the non-public utility associate companies within Avista’s holding company system. In addition, Avista states that any costs associated with a non-public utility company within Avista’s holding company system will be allocated to such entity and will not be included in any public utility’s jurisdictional rates.11 10.Finally, Avista states that the exemption it seeks will not affect the Commission’s independent ability to obtain access to any books and records under the FPA and the Natural Gas Act and will not affect any applicable state commission’s ability to access books and records pursuant to such state commission’s authority.12 III.Notice of Filing 11.Notice of Avista’s petition was published in the Federal Register, 79 Fed. Reg. 69,459 (2014), with interventions and protests due on or before December 10, 2014. None was filed. IV.Discussion 12.We find that PUHCA 2005, by its terms, exempts Avista and its holding company system from the statute’s books and records requirements. Consequently, Avista and its holding company system are also exempt from sections 366.21, 366.22, and 366.23 of the Commission’s regulations, which implement the books and records requirements of PUHCA 2005. To explain why this is the case, we must consider how the relevant provisions of PUHCA 2005 apply in Avista’s case. 10 Id.at 8-9. 11 Id.at 9. 12 Id.at 10. 20150514-3030 FERC PDF (Unofficial) 05/14/2015 Docket No. EL15-19-000 5 13.Sections 366.21, 366.22, and 366.23 of the Commission’s regulations implement the requirements of section 1264 of PUHCA 2005. The scope of those regulations is thus dependent on the scope of the requirements that section 1264 establishes. Section 1264(a) of PUHCA 2005 requires that each holding company and each associate company thereof shall, maintain, and shall make available to the Commission, such books, accounts, memoranda, and other records as the Commission determines are relevant to costs incurred by a public utility or natural gas company that is an associate company of such holding company and necessary or appropriate for the protection of utility customers with respect to jurisdictional rates.13 14.The facts that Avista presents in its petition show that Avista and its holding company system are exempt from the requirements of section 1264, and thus from sections 366.21, 366.22, and 366.23 of the Commission’s regulations, by operation of the statute itself. In brief, the reason that Avista and its holding company system are exempt from these requirements is that the requirements pertain to costs incurred by a public utility or natural gas company that is an associate company of a holding company, and Avista, the holding company in this case, has no associate companies that are public utilities or natural gas companies, as defined in PUHCA 2005. 15.An “associate company” of a holding company under PUHCA 2005 is a company in which the holding company, directly or indirectly, owns, controls, or holds with power to vote 10 percent or more of the outstanding voting securities.14 PUHCA 2005 defines a “holding company” as “any company that directly or indirectly owns, controls, or holds, with power to vote, 10 percent or more of the outstanding voting securities of a public- utility company or of a holding company of any public-utility company. . . .”15 Avista 13 42 U.S.C. §16452(a) (2012) (emphasis supplied). 14 See id.§ 16451(2) (defining an “‘associate company’ of a company” as “any company in the same holding company system with such company”); § 16451(9) (defining “‘holding company system’ as a “holding company, together with its subsidiary companies”); and§ 16451(16)(A) (defining “‘subsidiary company’ of a holding company” as “any company, 10 percent or more of the outstanding voting securities of which are directly or indirectly owned, controlled, or held with power to vote, by such holding company”). 15 Id.§ 16451(8)(A)(i). 20150514-3030 FERC PDF (Unofficial) 05/14/2015 Docket No. EL15-19-000 6 became a holding company through its acquisition of Alaska Energy, a holding company, and its indirect acquisition Alaska Light and Power, which qualifies as a public-utility company under PUHCA 2005 because it is an electric utility company under the statute.16 However, while Alaska Light and Power is a public-utility company, it is not a public utility under PUHCA 2005. 16.PUHCA 2005 defines a “public utility” as “any person who owns or operates facilities used for transmission of electric energy in interstate commerce or sales of electric energy at wholesale in interstate commerce.”17 Alaska Light and Power is located in Alaska, and it therefore does not own or operate facilities used for transmission of electric energy in interstate commerce or sales of electric energy at wholesale in interstate commerce.18 Avista has no other associate companies that are public utilities under PUHCA 2005, and it has no associate companies that are natural gas companies under the statute. Consequently, Avista has no books and records that “are relevant to costs incurred by a public utility or natural gas company that is an associate company”19 of Avista and thus no books and records to which the requirements of PUHCA 2005 and sections 366.21, 366.22, and 366.23 of the Commission’s regulations apply. 17.Avista is itself a public utility under PUHCA 2005, and its rates are subject to the jurisdiction of the Commission. However, the books and records requirements of PUHCA 2005 do not apply to Avista. To be subject to PUHCA 2005 requirements, books and records must be “relevant to costs incurred by a public utility or natural gas company that is an associate company of [a] holding company . . . .”20 While Avista is both a public utility and a holding company under PUHCA 2005, it is not an associate company of a holding company. Its books and records therefore do not fall within the requirements of PUHCA 2005. This does not, however, create any regulatory gap. 16 See id.§ 16451(14) (defining a “public-utility company” as “an electric utility company or a gas utility company”) and § 16451(5) (defining an electric utility company as “a company that owns or operates facilities used for the generation, transmission, or distribution of electric energy for sale”). 17 Id.§ 16451(13). 18 See, e.g., Electricity Market Transparency Provisions of Section 220 of the Federal Power Act, 140 FERC ¶ 61,232, at P 23 (2012) (noting that utilities located entirely in Alaska are electrically isolated from the contiguous United States). 19 42 U.S.C. § 16452(a) (2012). 20 Id. 20150514-3030 FERC PDF (Unofficial) 05/14/2015 Docket No. EL15-19-000 7 Avista is subject to the books and records maintenance and access requirements set forth in section 301 of the FPA.21 These are comparable to those applicable under PUHCA 2005 and include authority to examine the books and records of Alaska Energy and Alaska Light and Power.22 Indeed, the Commission has stated that “PUHCA 2005 is primarily a ‘books and records access’ statute and does not give the Commission any new substantive authorities.”23 The Commission’s authority under section 301 of the FPA to access the books and records of both Avista and companies in the Avista holding company system demonstrates this point. 18.Finally, we note that while Avista is exempt from section 1264 of PUHCA 2005 and related Commission requirements, Avista remains subject to the authority that state commissions have under PUHCA to access its books and records and those of other companies in the Avista holding company system.24 Moreover, as a holding company, Avista remains subject to the requirements of sections 366.4(d) and (e) of the Commission’s rules. These sections require Avista to notify the Commission of any material change in facts that may affect its exemption and specify that Avista and its subsidiaries may no longer be able to rely on the exemption if they fail to conform with any material facts or representations presented in their petition.25 The Commission orders: (A)The petition for declaratory order is hereby granted, as discussed in the body of this order. (B)In accordance with the requirements of the Commission’s regulations, Avista is required to notify the Commission of any material change in facts that may 21 16 U.S.C. § 825 (2012). 22 See id. § 825(c). In fact, the Commission’s regulations under PUHCA 2005 require public utilities under that statute to use the same record retention requirements as those that apply to public utilities under the FPA. See 18 C.F.R. § 368.2 (2014). 23 Order No. 667, FERC Stats. & Regs. ¶ 31,197 at P 4. 24 See 42 U.S.C. § 16453 (2012). 25 18 C.F.R. § 366.4(d)-(e) (2014). 20150514-3030 FERC PDF (Unofficial) 05/14/2015 Docket No. EL15-19-000 8 affect its exemption. Avista and its subsidiaries may not rely upon the exemption if they fail to conform with any material facts or representations presented in Avista’s petition. By the Commission. ( S E A L ) Kimberly D. Bose,Secretary. 20150514-3030 FERC PDF (Unofficial) 05/14/2015 Document Content(s) EL15-19-000.DOCX......................................................1-8 20150514-3030 FERC PDF (Unofficial) 05/14/2015 FEDERAL ENERGY REGULATORY COMMISSION Washington, D.C. 20426 OFFICE OF ENERGY MARKET REGULATION In Reply Refer To: Avista Corporation Docket No. ER10-2290-004 June 17, 2015 Mr. Michael G. Andrea Senior CounselAvista Corporation1411 E. Mission AvenueMSC-23Spokane, Washington 99202 Reference:Notice of Change in Status Dear Mr. Andrea: On May 8, 2015, you filed on behalf of Avista Corporation (Avista) a notice of change in status stating that its affiliate, Spokane Energy, LLC, has assigned its interest in a long-term purchase and sale agreement to Avista.1 You state that this assignment does not affect the conditions the Commission relied upon when granting Avista market- based rate authority. Your filing was noticed on May 8, 2015, with comments, protests or interventions due on or before May 29, 2015. None was filed. Pursuant to the authority delegated to the Director, Division of Electric Power Regulation - West, under 18 C.F.R. § 375.307, and based on your representations, the notice of change in status is accepted for filing. This action does not constitute approval of any service, rate, charge, classification, or any rule, regulation, or practice affecting such rate or service provided for in the filed documents; nor shall such action be deemed as recognition of any claimed contractual right or obligation affecting or relating to such service or rate; and such acceptance is without prejudice to any findings or orders which have been or may hereafter be made by 1 The related acquisition and disposition of jurisdictional facilities was authorized by the Commission in Spokane Energy, LLC, 151 FERC ¶ 62,046 (2015). 20150617-3024 FERC PDF (Unofficial) 06/17/2015 Docket No. ER10-2290-004 - 2 - the Commission in any proceeding now pending or hereafter instituted by or against Avista. This order constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days of the date of issuance of this order, pursuant to 18 C.F.R. § 385.713. Questions regarding the above order should be directed to: Federal Energy Regulatory Commission Attn: Melissa Lozano Phone: (202) 502-6267 Office of Energy Market Regulation 888 First Street, N.E. Washington, D.C. 20426 Sincerely, Steve P. Rodgers, Director Division of Electric Power Regulation - West 20150617-3024 FERC PDF (Unofficial) 06/17/2015 Document Content(s) ER10-2290-004.DOC.....................................................1-2 20150617-3024 FERC PDF (Unofficial) 06/17/2015 FEDERAL ENERGY REGULATORY COMMISSION WASHINGTON, D.C. 20426 OFFICE OF ENERGY MARKET REGULATION Avista Corporation Docket No. ER15-2551-000 September 29, 2015 Avista Corporation 1411 East Mission Ave.–MSC-23 Spokane, WA 99202 Attention:Karen K. SchuhSenior Regulatory Analyst Reference:Average System Cost Filing Dear Ms. Schuh: On August 28, 2015, Avista Corporation (Avista) submitted its Average System Cost (ASC) filing for sales of electric power to Bonneville Power Administration (BPA) for the fiscal year 2016-2017 exchange period related to a Residential Exchange Program with BPA. Under the Residential Exchange Program, BPA acquires power from Avista at Avista’s ASC and in exchange, sells an equivalent amount of power to Avista at BPA’s Priority Firm Exchange Rate. The Northwest Power Act authorizes BPA to determine utilities’ ASC based on a methodology developed by BPA in consultation with the Northwest Power and Conservation Council, BPA, customers and state regulatory agencies in the Pacific Northwest. Waiver of the Commission’s notice requirement pursuant to section 35.11 of the Commission’s regulations (18 C.F.R. § 35.11) is granted,1 and the ASC filing for sales of electric power to BPA is accepted for filing effective October 1, 2015, as requested. This filing was noticed on August 28, 2015, with comments, protests, or motions to intervene due on or before September 18, 2015. No protests or adverse comments were filed. Notices of intervention and unopposed timely filed motions to intervene are granted pursuant to the operation of Rule 214 of the Commission's Rules of Practice and 1 Central Hudson Gas & Electric Corporation, et al., 60 FERC ¶ 61,106, reh’g denied, 61 FERC ¶ 61,089 (1992). 20150929-3027 FERC PDF (Unofficial) 09/29/2015 Docket No. ER15-2551-000 - 2 - Procedure (18 C.F.R. § 385.214). Any opposed or untimely filed motion to intervene is governed by the provisions of Rule 214. This acceptance for filing shall not be construed as constituting approval of the referenced filing or of any rate, charge, classification or any rule, regulation or practice affecting such rate or service contained in your filed documents; nor shall such acceptance be deemed as recognition of any claimed contractual right or obligation associated therewith; and such acceptance is without prejudice to any findings or orders which have been or any which may hereafter be made by the Commission in any proceeding now pending or hereafter instituted by or against Avista. This action is taken pursuant to the authority delegated to the Director, Division of Electric Power Regulation - West under 18 C.F.R. § 375.307. This order constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days of the date of issuance of this order, pursuant to 18 C.F.R. § 385.713. Sincerely, Steve P. Rodgers, Director Division of Electric Power Regulation – West 20150929-3027 FERC PDF (Unofficial) 09/29/2015 Document Content(s) ER15-2551-000.DOC.....................................................1-2 20150929-3027 FERC PDF (Unofficial) 09/29/2015 FEDERAL ENERGY REGULATORY COMMISSION WASHINGTON, D.C. 20426 OFFICE OF ENERGY MARKET REGULATION Avista Corporation Docket Nos. ER13-94-008 ER15-422-004 Puget Sound Energy, Inc. Docket Nos. ER13-99-008 ER15-429-004 May 12, 2016Avista Corporation1411 E. Mission AveMSC-16 Spokane, WA 99202 Perkins Coie LLP The PSE Building 10885 NE 4th St Suite 700 Bellevue, WA 98004 Attention:Michael G. Andrea Counsel for Avista Corporation Donald G. Kari Counsel for Puget Sound Energy, Inc. Reference:Order No. 1000 Compliance Filing Dear Mr. Andrea and Mr. Kari: On April 4, 2016, Avista Corporation (Avista) and Puget Sound Energy, Inc. (Puget Sound) (collectively, ColumbiaGrid Public Utilities) submitted compliance filings to revise their respective Attachment Ks and Order 1000 Functional Agreement, as directed by the Commission.1 The revisions are in satisfactory compliance with the Fifth Compliance Order and are accepted for filing, effective April 5, 2016, as requested. 1 Avista Corp., et al.,154 FERC ¶ 61,165 (2016) (Fifth Compliance Order). 20160512-3008 FERC PDF (Unofficial) 05/12/2016 Docket No. ER13-94-008, et al - 2 - The filings were noticed on April 4, 2016, with comments, protests or interventions due on or before April 25, 2016. No protests or adverse comments were filed. Notices of intervention and unopposed timely filed motions to intervene are granted pursuant to the operation of Rule 214 of the Commission’s Rules of Practice and Procedure (18 C.F.R § 385.214). Any opposed or untimely filed motion to intervene is governed by the provisions of Rule 214. This action does not constitute approval of any service, rate, charge, classification, or any rule, regulation, contract, or practice affecting such rate or service provided for in the filed documents; nor shall such action be deemed as recognition of any claimed contractual right or obligation affecting or relating to such service or rate; and such action is without prejudice to any findings or orders which have been or may hereafter be made by the Commission in any proceeding now pending or hereafter instituted by or against Avista or Puget Sound. This action is taken pursuant to authority delegated to the Director, Division of Electric Power Regulation – West, under 18 C.F.R. § 375.307. This order constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days of the date of issuance of this order, pursuant to 18 C.F.R. § 385.713. Sincerely, Steve P. Rodgers, Director Division of Electric Power Regulation - West cc: All Parties 20160512-3008 FERC PDF (Unofficial) 05/12/2016 Document Content(s) ER13-94-008.DOC.......................................................1-2 20160512-3008 FERC PDF (Unofficial) 05/12/2016 1 STATE OF ALASKA 2 THE REGULATORY COMMISSION OF ALASKA 3 4 Before Commissioners: T .W. Patch, Chairman Stephen McAlpine 5 Robert M. Pickett Norman Rokeberg 6 Janis W. Wilson 7 In the Matter of the Application Filed by Lynn) Canal Transmission Corporation for a Certificate) U-15-109 8 of Public Convenience and Necessity ) _______________________________ ) ORDER NO. 3 9 ORDER GRANTING MOTION FOR EXTENSION OF TIME AND EXTENDING 10 TIMELINE FOR DETERMINATION OF REQUESTS FOR WAIVER 11 BY ADMINISTRATIVE LAW JUDGE JAMES L. WALKER: 12 Lynn Canal Transmission Corporation (Lynn Canal) applied for a 13 certificate of public convenience and necessity (certificate) to provide high voltage 14 electric transmission service between the Lena Cove Substation owned by Alaska 15 Electric Light & Power Company (AEL&P) and Coeur Alaska, Inc.'s Kensington Mine, in 16 the vicinity of Juneau, Alaska.1 Lynn Canal requested waiver of the commission 17 18 22 23 25 26 requirement that certificate applications include a proposed tariff and certain pro forma financial schedules.2 The commission issued public notice of the Application, with comments due by September 24,2015.3 1Application for New Certificate of Public Convenience and Necessity by the Lynn Canal Transmission Corporation, filed August 28, 2015 (Application), at 3-4, Attachment F-1. 2Lynn Canal Transmission Corporation Supplemental Filing Regarding: U-15-109, filed September 2, 2015, at 4; Lynn Canal Transmission Corporation Supplemental Filing 2 Regarding: U-15-109, filed September 2, 2015, at 4-5 Uointly Requests for Waiver). 3Notice of Utility Application, dated September 3,2015. U-15-1 09(3) -(10102/2015) Page 1 of 3 1 AEL&P filed comments suggesting that the Application should be rejected, 2 in part because the Application cannot be properly analyzed without a proposed tariff 3 and the pro forma financial schedules4 Lynn Canal was required to respond to the 4 AEL&P Comments by October 5, 2015.5 Lynn Canal filed a motion requesting an 5 additional thirty days, until November 4, 2015, to respond to the AEL&P Comments.6 6 Lynn Canal, as the only party to this proceeding, consented under AS 42.05.175(f) to a 7 thirty-day extension of the deadline for issuance of a final order in this proceeding 8 commensurate with its request for a thirty-day extension of the time in which to file a 9 response to the AEL&P Comments.? 10 The commission is required by AS 42.05.175(a)(1) to issue a final decision 11 regarding an application for a certificate not later than 180 days after a complete 12 application is filed . Under 3 AAC 48.648(b)(2), the commission cannot determine 13 14 15 16 25 26 whether the Application is complete until after ruling on the Requests for Waiver. If the Requests for Waiver are granted , the Application was complete on August 28, 2015, the day it was filed B A final order in this proceeding would then be due by February 24, 2015. If either of the Requests for Waiver is denied, the Application will be incomplete until Lynn Canal files the required documents. The commission desires to give Lynn Canal a full opportunity to respond to the AEL&P Comments. With Lynn Canal's consent to extend the statutory timeline for issuance of a final order in this proceeding, the commission has the scheduling flexibility to accommodate Lynn Canal's request for an additional thirty days to respond 4Comments of Alaska Electric Light and Power Company, filed September 24, 2015 (AEL&P Comments). 50 rder U-15-1 09(2), Order Requiring Filing, dated September 25, 2015. 6Motion for Exten sion of Time Regarding: Order U-1S-109(2), filed September 29, 2015. ?Correspondence from J. Custer, filed October 1,2015. 83 AAC 48.648(b). U-15-109(3) -(10102/2015) Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 25 26 to the AEL&P Comments. Therefore, I grant Lynn Canal's motion for extension of time . Lynn Canal shall respond to the AEL&P Comments by November 4, 2015. Under 3 AAC 48.648(c), the commission is required to issue a decision on Lynn Canal's Requests for Waiver by October 24, 2015. Having granted Lynn Canal until November 4, 2015 to respond to the AEL&P Comments, I find good cause9 to modify this requirement and extend the time for deciding the Requests for Waiver to December 4, 2015. ORDER THE ADMINISTRATIVE LAW JUDGE FURTHER ORDERS : 1. The Motion for Extension of Time Regarding: Order U-15-109(2), filed September 29,2015, by Lynn Canal Transmission Corporation, is granted. 2. Lynn Canal Transmission Corporation shall file a response to the Comments of Alaska Electric Light and Power Company, filed September 24, 2015, by November 4, 2015. 3. The timeline for issuing a decision on the waiver requests of Lynn Canal Transmission Corporation under 3 AAC 48.648(c) is extended to December 4, 2015. DATED AND EFFECTIVE at Anchorage, Alaska, this 2nd day of October, 2015. (SEAL) 93 AAC 48.805(a). U-15-1 09(3) -(10102/2015) Page 3 of 3 mes L. Walker Administrative Law Judge .'ft/ ORDER NO. 1"'4 .... 4 3 ii .... "'' ENTERED DEC 1 6 2014 BEFORE THE PUBLIC UTILITY COMMISSION OF OREGON In the Matter of PUBLIC UTILITY COMMISSION OF OREGON Rulemaking to Streamline eFiling and Other Housekeepin Chan es AR583 ORDER DISPOSITION: RULE MODIFICATIONS ADOPTED I. INTRODUCTION In this order, we amend rules to streamline the procedures for filing and serving documents in contested cases and other formal proceedings. The amendments eliminate the need to file paper copies in most instances, and generally eliminate the need for stakeholders to provide service of filings on other parties. We will hold a workshop in Portland with our stakeholders to address any questions about the new eFiling rules prior to implementation. 11. BACKGROUND On September 15, 2014, we filed a Notice of Proposed Rulemaking Hearing and Statement ofNeed and Fiscal Impact with the Secretary of State. On September 17, 2014, we provided notice of the rulemaking and copies of the proposed amendments to all interested persons on the service lists established under OAR 860-001-0030(1)(b) and to legislators specified in ORS 183.335(1 )( d). The Secretary of State published notice of the rulemaking in the October 2014 Oregon Bulletin. We held a rulemaking hearing on October 30, 2014. We accepted comments on the proposed amendments through November 21, 2014. ORDER NO. Portland General Electric (PGE); PacifiCorp, dba Pacific Power; Idaho Power Company, Northwest Natural Gas Company, dba NW Natural; the Citizens' Utility Board of Oregon (CUB); the Industrial Customers of Northwest Utilities (ICNU); and Sierra Club filed comments to the proposed amendments. III. DISCUSSION Most rulemaking participants generally support the proposed amendments. Their comments raised specific issues regarding due process, filing of confidential documents, service of voluminous documents, use of shared workspace, and dispute resolution. We address each issue below. A. Due Process -Amenirnents to OAR 860-001-0180 Currently, a party to a contested case proceeding must file paper and electronic copies of documents with the Commission, and serve copies of all filings on each party. A party must also file a certificate of service with the Commission attesting that copies had been served on other parties. Under the proposed rules, a party is required, in most instances, to file only an electronic copy of the document with the Commission. The filing of the electronic copy also effectuates service, so that the filing party is not required to directly serve the parties or file a certificate of service. The Commission, rather than the filing party, is responsible for serving the documents on other parties. J. Comments PacifiCorp believes that eliminating the requirement that a party directly serve other parties raises due process concerns. PacifiCorp is concerned that the delay between filing of a document and the Commission's subsequent service on other parties may cause confusion about the timeliness of service and the calculation of due dates for responsive pleadings. PacifiCorp notes that the Commission currently emails parties a notice of filing after it has received a filing, but explains that parties often receive the notice hours, if not a day or two, after the document was filed with the Commission. 2. Discussion We adopt the amendments as proposed. The changes will greatly reduce the need for a party to file paper copies and provide service to other parties. We will bear responsibility for providing service and will do so by posting the documents to eDockets and notifying parties with an email link to the posting. In conjunction to these amendments, we are making changes to our internal processes that address PacifiCorp's due process concerns. PacifiCorp is correct that the current email 2 notice of a filing does not occur contemporaneously with the filing of the document. This is due to the fact that we treat the physical (paper) copy-not the electronic copy-as the official filing, and do not notify parties of the filing until we receive the paper copy. Once the amended rules are effective, we will treat the electronic copy of a document as the official filing, and will provide service to other parties within minutes of receipt. The notice of filing also serves as the certificate of service by providing evidence of when service was made. We are also making changes to the Filing Center to ensure that parties receive timely service of filings. We are moving the Filing Center from the Commission Office to the Administrative Hearings Division, where additional staff will be available to process filings. In addition, although we discourage parties from making last minute filings, the Filing Center will be staffed with personnel who work past 5 p.m. so that any unavoidable last minute filings may be processed and served timely. B. Filing and Service of Confidential Documents -Amendments to OAR 860-001- 0170(l)(f) and (g), OAR 860-001-0180(2)(a), and OAR 860-001-0540(2) The proposed amendments require a party to file and serve physical copies of any document that contains information that has been designated as confidential. The rules further require that the documents must be received on or before the filing due date to be considered timely. ·I. Comments Several rulemaking participants contend the proposed filing and service deadline for confidential documents creates a logistical problem. They explain that, due to the reluctance to send confidential information electronically, a party would need to mail the confidential documents two days before the actual due date to ensure that they are timely received. They request the rule continue to require redacted copies be filed on the due date and allow confidential documents to be delivered later. 2. Discussion We acknowledge the participant's concerns and modify the rules to continue the current practice and allow confidential copies to be received within two business days of the date the redacted versions were filed or served. 3 C. Filing of Voluminous Documents -Amendments to OAR 860-001-0170(3) and OAR 860-001-0180(2)(b) The proposed amendments require a party to file and serve physical copies of any filing that is more than 100 pages in size. The amendments also require the filing party to contact the Filing Center to determine the number of physical copies of voluminous documents to be filed with the Commission. a. Comments The participants raise two issues related to the filing of voluminous documents. First, POE and PacifiCorp recommend that the requirement for physical service of voluminous filings be eliminated. Both utilities believe that the ultimate intent of eFiling is to reduce the need for paper copies, and note that most parties have already opted out of receiving physical service of documents regardless of the size of the filing. ICNU and CUB oppose PGE's and PacifiCorp's recommendation. ICNU notes that PGE's most recent rate case filing exceeded 800 pages in length. ICNU and CUB believe that a utility has greater resources to serve copies of voluminous filings rather than requiring intervenors to print the filings themselves. Second, PacifiCorp recommends that the number of required physical copies be stated in the rules. PacifiCorp contends it is administratively burdensome for a party to contact the Filing Center every lime a filing exceeds 100 pages. b. Discussion We will retain the 100 page threshold for paper filings and service. We share the goal of reducing the amount of paper filings, but will continue-at this time-to require a party to file and serve voluminous filings. We adopt, in part, PacifiCorp' s recommendation to adopt specified numbers of copies required for voluminous filings. For general rate cases and integrated resource plans, a utility must supplement electronic initial, amended, and supplemental application filings with 20 physical copies. We decline to establish specific numbers required for other voluminous filings, however, given variety of possible filings. Accordingly, we retain the language to require the filing party to coordinate with the Filing Center to determine the number of copies required for miscellaneous voluminous documents. 4 "-:" .;\rr ~1 lHi /; ORDER NO.'[ ,,r,~1' "~1· D. Dispute Resolution -Amendments to OAR 860-021-0015, OAR 860-034-0060, OAR 860-036-0025, and OAR 860-037-0025 The proposed amendments make certain changes to rules governing disputes between a customer and a utility. Among other things, the changes clarify the process for determining whether a customer is entitled to continued or restored service pending the resolution of an informal or formal complaint. The changes also delegate certain authority to our Consumer Services Division and Administrative Law Judges. I. Comments NW Natural, PGE, Idaho Power, and PacifiCorp believe that the proposed amendments to the dispute resolution processes go beyond housekeeping changes necessary to implement new eFiling requirements. These utilities propose that these changes-particularly the delegation of authority to the Consumer Services Division and ALJs-be addressed in a separate rulemaking to allow a sufficient opportunity for review and discussion. 2. Discussion We agree that identified amendments address matters outside the scope of eFiling requirements and do not adopt them. We make changes to the rules only as necessary to be consistent with other rule changes. E. Use of Shared Workspace -OAR 860-001-0480(5) and OAR 860-001-0540(2) We are currently developing a shared online workspace for parties to post and access data requests and discovery. The proposed amendments address the use of this shared workspace in Commission proceedings. I. Comments The rulemaking participants raise two issues and two questions about the use of an online workspace. First, PacifiCorp believes that the use of an online workspace should be limited to discovery, and recommends the Commission not adopt proposed language allowing parties to post workpapers used to support testimony. Second, PacifiCorp recommends that rules governing the online workspace provide guidelines regarding service. PacifiCorp notes that, because the Commission may limit the number of online workspace users to reduce costs, the service list in each proceeding may not match the online workspace user list. PacifiCorp and PGE also ask whether all parties will receive notice of and be able to view all non-confidential data requests and responses. 5 ORDER NO. 2. Discussion We do not adopt PacifiCorp's request to limit the use of the online workspace to discovery. PacifiCorp does not explain why parties should be allowed to post workpapers associated with a data response, but not workpapers used to support testimony. We also conclude there is no need to adopt PacifiCorp's request to add language regarding service. We have no plans to limit the number of online workspace users. All party representatives listed on a service list will receive nolice of filings posted to the workspace. Finally, we make one revision in response to questions about notice and access to the online workspace. The workspace that we expect to implement will not provide automatic notice upon posting. Rather, the posting party will be prompted to indicate whether it would like to "share" the posting. This prompt, if selected, will provide notice of the posting to all parties, who will then be able to view the posting. Accordingly, we add language to clarify that service is satisfied upon the uploading of the papers to the workspace and electing to share that upload with the parties: F. Miscellaneous Provisions We address other miscellaneous recommendations as follows: 1. Portable Data Storage Device-OAR 860-001-0070(3), OAR 860-001- 0170(1)(a) & (c) We adopt NW Natural's recommendation to add language throughout our rules to permit the use of other types of portable storage devices, such as a USB flash drive, to submit electronic filings. 2. Commission Address -OAR 860-001-0000 We adopt, in part, PacifiCorp's recommendation to remove our physical address from the rules and replace it with a reference to our internet home page for the most up-to-date information on how best to contact us. 3. Data Responses-OAR 860-001-0540 We do not adopt PacifiCorp's request to change the deadline for filing data responses from 14 days back to 10 business days. As PacifiCorp notes, we changed the deadline to 14 days from 10 business days in a prior rulemaking. We adhere to our prior decision and retain the 14-day deadline. 6 ORDER NO. ·f! ·;;. 4. Doubled-Sided Copies -OAR 860-001-0140(3) We adopt Sierra Club's request to retain language encouraging that documents be printed on both sides of the page on recycled paper when possible. We had proposed deleting this language given the rulemaking's general move to electronic filings, but agree the request should be retained for those situations when physical filing and service is required. IV. CONCLUSION We adopt the rule amendments consistent with this order, and make other editorial changes throughout for clarity. The adopted rules are set forth in Appendix A. IV. ORDER IT IS ORDERED that: 1. The changes to OAR 860-001-0020, 860-001-0070, 860-001-0140, 860-001-0150, 860-001-0160, 860-001-0170, 860-001-0180, 860-001-0300, 860-001-0310, 860-001-0340, 860-001-0350, 860-001-0410, 860-001-0420, 860-001-0480, 860-001-0540, 860-016-0000, 860-016-0020, 860-016-0021, 860-016-0025, 860-016-0030, 860-016-0050, 860-021-0015, 860-022-0005, 860-022-0047, 860-023-0151, 860-025-0060, 860-027-0300, 860-028-0070, 860-029-0100, 860-032-0002, 860-032-0005, 860-033-0006, 860-034-0060, 860-034-0300, 860-036-0025, 860-036-0605, 860-037-0025, 860-037-0410, 860-038-0400, 860-038-0420, and 860-082-0085; and new rule 860-001-0400 are adopted. 7 ORDER NO. .,J ·,;,.',·, '" .~, 3::, t '·' 2. The rule changes become effective upon filing with the Secretary of State. DEC 1 6 2114 Made, entered, and effective ~~~~~~~~~~~~ ~&cw~ Susan K. Ackerman Chair / t __ co~ssioner l;JJi~ Stephen M. Bloom Commissioner A person may petition the Public Utility Commission of Oregon for the amendment or repeal of a rule under ORS 183.390. A person may petition the Oregon Court of Appeals to determine the validity of a rule under ORS 183.400. 8 860-001-0020 DIVISION 1 GENERAL Hours of Operation, Location, and Contact Information, Hours of Operation (1) The Commission's loeation and eontaet infarmntion is: (a) Physieal Location: Publie Utility Commissian of Oregon 550 Capitol St N.E. Suite 215 Salem OR 97301 2567 (b) Consumer Services 8eetion/Consumer Complaiats: Salem: (503) 378 6600 Oregon outside SaJem: (800) 522 2404 Fax: (503) 378 5743 Consumer Complaint Proeedure on the website: http :Uwww.pue.state.or.u.s/PUC/eonsume1•-/eomppro.shtml (e) Telephone/Fax (for other than eensumer issues): Gommission Reception: (503) 373 7394 Administrative Hearings Divisien: (503) 378 4372 or (503) 378 2849 Fax: (503) 378 6-1@ TTY (Oregon Relay 8et'Viee): (800) 735 2900 TTY RSPF Programs (OTAP, TDAP, OTRS): (800) 648 3458 (d) Website homepage: http:Hwww.pue.state.or.us/ (e) Filing Center: Electronic mail: PUC.FilingCenter@state.er.us Phone: (503) 373 0886 Fax: (503) 378 5505 (i) Mailing b.ddress: Publie Utility Commission of Oregon Attn: Filing Center PO Box 2148 Salem OR 97308 2148 (g)-Delivery Address: Publie Utility Commission of Oregon Attn: Filing Center 550 .Capital St NE Suite 215 Salem OR 97301 2567 (2)-0ffice Hours: Commission offices are open to the public between 8:00 a.m. and 5:00 p.m., Monday through Friday, except on legal holidays as defined in ORS 187.010 or when the Commission's office is closed by a Department of Administralive Services directive. (2) Location and general contact information: The information included in this section is current at the time of rule adoption, but may change. Current information and additional contact information is available on the Commission's website: · http://www.puc.state.or.us (a) Physical Location: 3930 Fairview Industrial Drive SE, Salem, OR 97302 (b) Mailing Address: PO Box 1088, Salem, 0 R 97308-1088. (c) Telephone: (A) Local to Salem: (503) 373-7394, TTY (Oregon Relay Service): (800)-735-2900; (B} Consumer Services: (800) 522-2404; (C} Telephone Assistance Programs: (800) 848-4442, TTY (800) 648-3458. Stat. Auth.: ORS 756.040 & 756.060 Stats. Implemented: ORS 756.040 & 756.500 -756.575 Hist.: PUC 5-2010, f. & cert. ef. 10-22-10 Appendix A Page 1 of 74 860-001-0070 Confidential Information ORDER NO. "~ f. ii ~~· (1) This rule applies to information submitted under a claim of confidentiality under the Public Records Law, but does not apply to information designated as confidential under a protective order in a contested case proceeding. (2) At the time of submission, a person may designate a document or portion of a document as containing confidential information. A designation must be made in good faith and be limited to information that qualifies for protection. The person asserting confidentiality must state the legal basis for the claim of confidentiality. (3) Unless otherwise provided by Commission order, confidential information submitted under this rule must be clearly labeled on each electronic page as confidential and identified as confidential in the document name, or printed on yellow paper, separately bound, and placed in a sealed container or provided on a portable data storage device clearly labeled with the word CONFIDENTIAL and placed in a sealed container. Spreadsheets containing confidential information must be labeled with "confidential" in the header or footer. To the extent practicable, the provider must place only the portions of the document that contain confidential information in the container. The confidential information on each page must be clearly marked by inserting [Confidential] before and after the portion of information that is confidential. The container must be marked "CONFIDENTIAL." Multiple sealed containers may be mailed in one package. ( 4) Confidential information submitted to the Commission is exempt from public disclosure to the extent provided under the Public Records Law, ORS 192.410 through 192.505. (5) Any failure to comply with the requirements in this rule may result in the submission not being treated as including confidential information or being returned to the provider for correction and resubmission. Stat. Auth.: ORS 756.040 & 756.060 Stats. Implemented: ORS 192.420-192.505, & 756.040 Hist.: PUC 5-2010, f. & cert. ef. 10-22-10 Filing Requirements 860-001-0140 General (1) The Commission requires the use of its Filing Center for the filing of documents in agency proceedings. Contact information for the Filing Center is as follows: (a) Electronic mail: PUC.FilingCenter@state.or.us. (b) Phone: (503)378-6678 Fax: (503) 378-6163. (c) Mailing Address: Filing Center, Public Utility Commission of Oregon, PO Box 1088, Salem, OR 97308-1088. (d) Delivery Address: Filing Center, Public Utility Commission of Oregon, 3930 Fairview Industrial Drive SE, Salem, OR 97302. filDocuments submitted to the Commission must include the name of the person submitting the document, the person's physical and electronic mail addresses, and the Appendix A Page 2 of74 ORDER NO. 1 !~ person's telephone number. If applicable, the name of the business or organization that person represents must also be included. (2-J) If possible, documents should fit on an 8-112-_by-) I-inch page and have at least 1 inch margins when printed. (~ When the filing or serving of physical copies is required, Deeuments sheuld be printed en beth sides if possible. T!he Commission encourages the use of recycled paper and printing on both sides of the page.-Tariff filings oflOO pages or more must be filed single-sided. Stat. Auth.: ORS 756.040 & 756.060 Stats. Implemented: ORS 756.040 & 756.500 -756.575 Hist.: PUC 5-2010, f. & cert. ef. 10-22-10 860-001-0150 Filing Dates (1) Except as modified by statute or by these rules in this -Oivision, a document is filed on the date received by the Commission at Salem, Oregon, between the hours of 8 a.m. and 5 p.m.; Pacific Time. (2) The period of time for doing an act governed by these rules is determined by excluding the first day and including the last day. For example, if a motion is ~filed on September 18, then any response (due 15 days after servieefiling of the motion) must be filed by October 3. If the due date falls on a Saturday, Sunday, legal holiday as defined in ORS 187.010, or when the Commission office is closed by a Department of Administrative Services directive, then the filing is due on the next business day. (3) Filings that are incomplete or not in substantial compliance with these rules, Commission orders, ALJ rulings, or statutes may be declined or conditionally accepted. The Commission must provide the reason for declining or conditionally accepting a filing to the filer. ( 4) Documents required to be filed within a specified time but that fail to substantially comply with these rules may be accepted as conditionally received to meet the filing deadline. (5) Conditionally received filings are not considered officially filed until brought into substantial compliance with these rules, the Commission's orders, ALJ rulings, and statutes. Conditionally received filings may be rejected unless brought into compliance within one business day of notice of the deficiency. A filer must file an amended or corrected filing to bring a conditionally accepted filing into compliance. Stat. Auth.: ORS 756.040 & 756.060 Stats. Implemented: ORS 756.040 & 756.500 -756.575 Hist.: PUC 5-2010, f. & cert. ef. 10-22-10 Appendix A Page 3of74 ORDER NO. •'ti 4, 860-001-0160 Filing Requirements in Rulemaking Proceedings (1) Written comments on proposed rules and other documents submitted in rulemaking proceedings must be filed with the Commission's Filing Center at the address listed in OAR 860-001-092G140. Filing by electronic mail is preferred, but physical documents will be accepted. (a) Doeaments may be filed by mail, personal delivery, eleetronie mail, or any other means of delivery. (!b) To be considered by the Commission, a document must be received by the deadline for the submission of written comments specified in the notice of proposed rulemaking. (!!e) Documents must include the docket number assigned by the Commission to the rulemaking proceedings. (2) Written comments on a proposed rule must comply with OAR 860-001-0210(3). Stat. Auth.: ORS 756.040 & 756.060 Stats. Implemented: ORS 756.040 & 756.500 -756.575 Hist.: PUC 5-2010, f. & cert. ef. 10-22-10 860-001-0170 Filing Requireme.,.ts in Contested Case and Declaratory Ruling Proceedings (1) Every pleading or other document submitted to the Commission in contested case or declaratory ruling proceedings must be filed electronically with the Commission's Filing Center on or before the date due. The filing mast include an eleetrenie copy of the signed eertifieate of senriee described in OAR 860 091 9180(5). All filings must be labeled with the applicable docket number, a description of the filing, and the date filed. Electronic copies of non-confidential documents must not be password protected, or have any PDF security features enabled. · (a) Documents may be elec1ronically filed by sending the filing as an attachment to an electronic mail message addressed to the Commission's Filing Center, Q! by personally delivering or mailing a eompaet disk (CD) or DVDportable data storage device to the Filing Center, or by uploading the filing on the Commission's website. If a GD-or D¥Dportabkdata storage device is delivered or mailed to the Filing Center, it must be received on or before the date due to be considered timely filed. (b) Electric copies of documents must be in text-searchable format and provided in either Microsoft Word, Microsoft Excel, or .pdf (Adobe Acrobat) format, unless otherwise permitted by the ALJ. A party mast provide a Microsoft ~ro1·d Yersion of any doellment, if pessible, upon the ALJ's request. (c) An electronic mail message to the Filing Center and its attachments filffig submitted as an attaehment to an eleetnmie mail message must be less than 20 megabytes in size! and include the docket oomber, pmty name, and title of the filing in the subjeot line of the electronic mail message. Filings larger than 20 megabytes may be divided into multiple electronic mail messages. Each message must be numbered sequentially, and the subject line of the message must include "E-niail x of y,'' where x equals the message Appendix A Page 4 of74 ORDER NO. 'tt ,t,\;, f! )~ '.>::..~· number and y equals the total number of messages. Filings larger than 20 megabytes may also be provided to the Filing Center on a portable data storage device. ( d) Filings larger than 20 megabytes may be divided into multiple eleetronie mail messages. Eaeh message must be numbered sequentially, and the subjeet line of the message must inelude "Email x ofy," where x equals the message number and y equals the total number of messages. Filings larger than 20 megabytes mast also be previded to the Filing Center on CD er DVD. The CD er DVD must be sent to the Filing Center with the eriginal filing as deseribed iH seetien (l)The subject line of each electronic mail message to the Filing Center must include the docket number (if one is assigned), the party name or identifier, and the title or type of filing. For example, for a brief filed by the Citizens' Utility Board of Oregon in UE XX:X, the subject line is UE XXX CUB Brief; and for a new application from NW Natural for financing authorization, the subject line is NWN New UF Application. ( e) If a document relates to multiple dockets that are officially consolidated, then the filer should file the document should be filed in the lead docket only. If a document relates to multiple dockets that are not officially consolidated, then the filer must file.the document must be filed eleetronieally in each docket, even if all dockets are following the same procedural schedule. (f) When electronically filing a redacted version of a filing that contains confidential information, the filer must file the confidential version so that it is received by the Filing Center within 2 business days after the date the redacted version was electronically filed. If a document eontains confidential informatien, then a redaeted version will be aeeepted for eleet:ronie filing, but only if the original eonfidential document is personally delh'ered er sent by first elass mail, postage prepaid, to the Filing Center 011 the date the redacted document was electranieally filed. (g) When filing a document that is entirely confidential, the filer must electronically file a cover letter. The file must file the confidential version so that it is received by the Filing Center within 2 business days after the date that the cover letter was electronically filed. If an entire filiHg is cenfidential, thea a cover letter will be accepted fer eleetreeie filing, but only if the ol'iginal confidential document is personally delivered or sent by first class mail, postage prepaid, to the FiliDg Center eD the date the eover letter was eleetPeDically filed. (2) The signed eriginal of any flleading or othe:r deeument filed in eon-tested ease or deela.ratory ruling proceedings must be se1lt by first class mail, postage prepaid, or personal delivery te the Cemmission's Filing Center at the address listed in OAR 860 001 0020. (a) The original deeument must be personally delivered or mailed on the date the eleetre11ie eopy of the document is filed. (b) The original document must be signed and dated and inelude tile eriginal, signed eertifieate of service as deseribed in OAR 860 001 0180(5). (e) The erigiaal document and the copies reCJ:uired in section (3) must be seat in the same envelope or-eontaiaer if possible. 8inmltaneous filings in multiple dockets must be sent in separate envelopes er eentainers fur each docket. l\iultiplc eft'lelopes or Appendix A Page 5of74 "'ii' ORDER NO. 'r~: .... ,£\· eontainers submitted in the same docket may be cnelosed in one mailing Ol' delivery package. a,;;) Parties must supplement an electronic filing with physical copies of certain filings. For general rate revisions filed under OAR 860-022-0019, integrated resource plans filed under OAR 860-038-0080, the utility must provide 20 physical copies. For filings of more than 100 pages, parties must coordinate with the Filing Center to determine the number of physical copies to be filed.the following documents, the specified numbei· of copies must be sent with the original document: (a) lllitiating and Responsive Pleadings, including Comments: 5 copies. (b) General rate revisions filed HB:der OAR 86D 022 OD19: (A:) Utility initial filing: 3D copies; and (B) \Vork papers: 3 paper eopies if l'easonably eapable of being l'ept'odaeed in written format; if not, 3 eopies on CD Ol' DVD. (e) Motions and Replies: 2 eopies. (d) Testimony filed tmder OAR 860 OfH 0480: 5 copies. (e) Briefs filed under OAR 860 001 0651}: 5 copies. (t) Applications for AlloeatioB: of Territory filed unde1· OAR 860 025 0000 through 860 025 0050, 860 034 0440 through 860 034 0495, Ol' 860 036 0900 th1·ough 860 036 0925: 3 copies. (g) Financing applications filed under OAR 860 027 0020 thl'eugh 860 027 0035, 860 036 0715 throagh 860 036 0725, or 860 037 0515 tlnougb 860 037 0525: 3 copies. (h) Affiliated interest applieations filed under 01A..R 860 027 0040 through 860 021- 0044, 860 036 0730 through 860 036 0738, or 860 037 0530 through 860 037 0545: 3 copies. Stat. Auth.: ORS 756.040 & 756.060 Stats. Implemented: ORS 756.040 & 756.500 -756.575 Hist.: PUC 5-2010, f. & cert. ef. 10-22-10 860-001-0180 Service in Contested Case and Declaratory Ruling Proceedings (1) The Commission maintains an official service list for each contested case and declaratory ruling proceeding. The service list is posted on the Commission's website or may be obtained by contacting the CommissionFiling Center. (a) Each party must identify at least one party representative to receive service, and may identify no more than three party representatives to receive service. (b) Parties may designate party representatives in an initiating pleading, peti1ion to intervene, or separate document. Parties must notify the CommissionFiling Center and all other parties in writing of any change in contact information. (2) Except as otherwise provided by statute or rule, aA party completes service of any document by filing it electronically with the Filing Center. mu.st serve by eleetronie mail copies of all documents filed in contested ease el' declaratory ruling proeecdings on every party re1uesentative included on the offieial serviee list. Appendix A Page 6of74 .,·, ~ -n ORDER NO. , 1 /.;'.\> filA party must also need only serve physical copies of a document in person, by first­ class mail, or by any other reasonable means of delivery if: (a) The document contains information that has been designated as confidential under a general protective order, and the protective order requires service of physical copies;-; Parties must use eleetroeie serviee ta ser.'e a redaeted cop)' of the doeument and pro-vide physieal copies of the eonfideHtial portions of the document. Sewiee must eonform with the requirements in the applieable general proteetive order; (b) The filing is more than 100 pages, unless the party has requested not to receive physical agrees to reeeive eleetronie service of voluminous filings; &F (c) A party has requested and received permission i-om the ALJ to receive physical service of all documents; or (d) Physical service is required by rule or statute. (3) SeFViee is eonsidercd timely if the eleetron:ie mail is sen:t on the day the doeument is filed. Ser.'iee by eleetronie mail is eomplete when the eleetronie mail message leaves the sender's eleetronie mail server. Parties providing service by eleetronie mail are eneouraged to request eleetronie return reeeipts and must take all reasoBable steps ta ensuPe sueeessful delivery. (4) Service of physical copies of a document is considered timely ifthe copy is deliveffd in person on the date received within two business days of the date the document is™ filed with the CommissionFiling Center, or the eepy is mailed by first elass mail, postage pre paid, on the dftte the doeument is filed with the Commission. (5) If service of physical copies is required in a contested case or declaratory ruling proceeding, then the filer must include a certificate of service with its filing to the Filing Center. The certificate must include the means of physical service, date of physical service, a list of the party representatives and addresses served, and a certifying signature.A eertifieate of seFViee must be filed with every pleading or other doeument filed iB eontested ease OF deelaratory ruling proceedings. The eertifieate of seFViee fftUSt;. (a) Inelude a signed eertifieation that the doeument was seFVed on Rll party Pepresentatives ineluded in the offieial seFViee list for the proeeedings; (b) List the nft:Hles of the party Fepresentatives served; (e) State the means of serviee to eaeh party representative and the eleetronie OF physieal athJress served; and (d) State the date of serviee. Stat. Auth.: ORS 756.040 & 756.060 Stats. Implemented: ORS 756.040 & 756.500 -756.575 Hist.: PUC 5-2010, f. &cert. ef. 10-22-10 Appendix A Page 7 of74 ORDER NO. Contested Case and Declaratory Ruling Proceedings 860-001-0300 Practice Before the Commission Participation in Contested Case and Declaratory Ruling Proceedings; Intervention ( 1) Under ORS 774.180, the Citizens' Utility Board has the right to intervene in any Commission proceedings by filing a notice of intervention that includes the names and addresses of the representatives to be included on the service list. (2) Any other person may file a petition to intervene in contested case proceedings before the Commission. A sSample petition to intervene forms may be obtained by contacting the Administrative Hearings Division at puc.hearings@state.or.us or (503) 378-6678futmd at http://www.pae.state.ar.as/PUC/admin _hearings/Petition_ te _Intervene_ Farm.shtml. The petition to intervene must contain the following information: (a) The petitioner's name and contact information, including telephone number, physical address, and electronic mail address; (b) The name and contact information of the petitioner's attorney or authorized representative, including telephone number, physical address, and electronic mail address; (c) If the petitioner is an organization, the number of members in and the purpose of the organization; (d) The nature and extent of the petitioner's interest in the proceedings; ( e) The issues petitioner intends to raise at the proceedings; and (f) Any special knowledge or expertise of the petitioner that would assist the Commission in resolving the issues in the proceedings. (3) Staff and parties named in the pleading initiating Commission action are original parties and need not petition to intervene. All original parties must provide the Commission with the names and contact information, including telephone number, physical address, and electronic mail address, of the party representatives to be included on the service list. (4) Any person may file a petition to intervene in declaratory ruling proceedings before the Commission. In addition to the requirements in section (2) of this rule, the petition to intervene must also state whether the intervenor accepts: (a) The statement of facts as set forth in and for the purposes of the petition for declaratory ruling; and (b) The statement of the questions presented in the petition for declaratory ruling. (SJ The petitioner must serve the petitian ta intervene eB the ether parties ta the praeeediBgs. ~6) A party may object to a petition to intervene. Objections must be filed within 10 days of service the filing of the petition to intervene unless otherwise directed by an ALI. The petitioner may file a reply to an objection within 7 days of seA'ieethe filing of the objection. C§.'7) If the Commission or ALI finds the petitioner has sufficient interest in the proceedings and the petitioner's appearance and participation will not unreasonably broaden the issues, burden the record, or delay the proceedings, then the Commission or ALI must grant the petition. The Commission or ALI may impose appropriate conditions upon any Appendix A Page 8 of 74 !i ~ r .. ORDER NO. 11 r~, intervenor's participation· in the proceedings, such as restricted access to confidential information. The ALJ may rule on a petition to intervene at a prehearing conference. (18) A person may ask to be listed as an "interested person" in !!_Parlicular proceedings. An interested person receives electronic mail notifications of filings made and documents issued by the Commission or ALJ in that particular proceeding.eopies of the orders, nlliHgs, notiees, or other documeHts issued by the Commission or ALJ iH the proceeding, but dees not :reeei"le doeumeHts filed by Staff or other parties. An interested person is not a party to the proceedings, and is not entitled to file pleadings, present evidence for the record, conduct cross-examination of witnesses, become a signatory to a protective order, or file briefs. Stat. Auth.: ORS 756.040 & 756.060 Stats. Implemented: ORS 183.417, 756.040 & 756.500-756.575 Hist.: PUC 5-2010, f. & cert. ef. 10-22-10 860-001-0310 Representation and Ethical Conduct (1) All persons appearing in proceedings in a representative capacity must conform to the standards of ethical conduct required of attorneys appearing before the courts of Oregon. If a person does not conform to these standards, then the Commission may decline to permit the person to appear in a representative capacity in any proceedings. (2) Except for Staff, a party to contested case proceedings may be represented by an authorized representative who is not an attorney. (a) A party's initial pleading in the proceedings must designate the party's authorized representative. (b) The ALJ has authority to limit an authorized representative's presentation of evidence, examination, and cross-examination of wi•1esses, or presentation of factual arguments to ensure the orderly and timely development of the hearing record. The ALJ may not allow an authorized representative who is not an attorney to present legal argument except to the extent authorized in ORS 183.457. ( c) Changes to the designation of authorized representative must be made by written notice to the CemmissioHFUing Center with eopies sen'ed oil the other parties to the rrneeeffittgs. (3) Staff may represent the Commission in a contested case hearing in the following proceedings: (a) Actions initiated by the Commission to recover telecommunications assislive devices, the value of devices which the recipients fail to return, or the cost of repairing equipment that the recipient returned in a damaged condition; and (b) Denial or termination of Oregon Telephone Assistance Program benefits. ( 4) Staff acting under the provisions of section (3) may not give legal advice to the Commission and may not present legal argument in contested case hearings, except to the extent authorized by this section. (a) "Legal Argument" includes arguments on: (A) The jurisdiction of the Commission to hear the contested case; Appendix A Page 9 of74 ORDER NO. (B) The constitutionality of a statute or rule or the application of a constitutional requirement to the Commission (C) The application of court precedent to the facts of the particular contested case proceeding. (b) "Legal Argument" does not include presentation of motions, evidence, examination and cross-examination of witnesses or presentalion of factual arguments or arguments on: (A) The application of the statutes or rules to the facts in the contested case; (B) Comparison of prior aclions to the Commission in handling similar situations; (C) The literal meaning of the statutes or rules directly applicable to the issues in the contested case; (D) The admissibility of evidence; and (E) The correctness of procedures being followed in the hearing. (5) If the ALJ determines that statements or objections made by Staff appearing under section (3) involve legal argument as defined in this rule, the ALJ will provide reasonable opportunity for Staff to consult with the Attorney General and permit the Attorney General to present argument at the hearing or to file written legal argument within a reasonable time after conclusion of the hearing. Stat. Auth.: ORS 756.040 & 756.060 Stats. Implemented: ORS 183.452-183.458, 756.040 & 756.500 -756.575 Hist.: PUC 5-2010, f. & cert. ef. 10-22-10; PUC 1-2014, f. & cert. ef. 1-9-14 860-001-0340 Ex Parte Communications (1) Ex parte communications are discouraged and, if made, must be disclosed to ensure an open and impartial decision-making process. (2) Except as provided in this rule, an ex parte communication is any oral or written communication that: (a) Is made by a person directly to a Commissioner or presiding ALJ outside the presence of any or all parties of record in pending contested case or declaratory ruling proceedings; (b) Is made without notice to or an opportunity for rebuttal by all parties; and ( c) Relates to the merits of an issue in the proceedings. (3) For purposes of this rule, a contested case or declaratory ruling proceeding is pending when the Commission or ALJ issues the first scheduling notice. ( 4) A person who has an ex parte communication must promptly notify the presiding ALJ that the communication occurred. (5) Upon notice of or receipt of an ex parte communication, the presiding ALJ must promptly notify the parties of record of the communication and place the following in the record: (a) The name of each person who made the communication and the person's relationship, if any, to a party in the case; (b) The date and time of the communication; (c) The circumstances under which the communication was made; ( d) A summary of the matters discussed; Appendix A Page 10 of74 ORDER NO. (e) A copy of any written communication; and (f) Other relevant information concerning the communication. (6) The presiding ALJ may require the person responsible for the ex parte communication to provide the disclosure and notice of the communication required by this rule. (7) Within 10 days of the servieefiling date of the notice, a party may file a written rebuttal of the facts or contentions contained in the ex parte communication, with serviee on the parties of reeord in the proeeeding. (8) The provisions of this rule do not apply to communications that: (a) Address procedural issues, such as scheduling or status inquiries, or requests for information having no bearing on the merits of the case; (b) Are made to a Commissioner or presiding ALJ by a member of Staff who is not a witness in the proceedings; ( c) Are made to a Commissioner or presiding ALJ by an Assistant Attorney General who is not representing Staff in the proceedings; (d) Are made in rulemaking proceedings conducted under ORS 183.325 through 183.410; or ( e) The presiding ALJ determines are not subject to this rule, including communications i'om members of the public that are made part of the administrative file or communications that are the subject of in camera proceedings. (9) To avoid inadvertent ex parte communications, a person planning to meet individually with a Commissioner or ALJ must indicate whether the discussion will relate to pending proceedings and, if so, which proceedings. Stat. Auth.: ORS 756.040 & 756.060 Stats. Implemented: ORS 183.417, 183.462, 756.040 & 756.500 -756.575 Hist.: PUC 5-2010, f. & cert. ef. 10-22-10 860-001-0350 Settlements (1) In all Commission contested case proceedings, some or all of the parties may enter into a settlement of any or all issues at any time during the proceedings. (2) A settlement discussion is any communication between two or more parties for the purpose of resolving issues pending in contested case proceedings. Examples of communications not constituting settlement discussions for purposes of this rule include communications primarily for the purpose of discovery and communications occurring before initiation of docketed proceedings. (3) Without the written consent of all parties, any statement, admission, or offer of settlement made during settlement discussions is not admissible in any Commission proceedings, unless independently discoverable or offered for other pUiposes allowed under ORS 40.190. ( 4) Parties may agree in writing that ~he information exchanged exclusively within the context of any settlement discussion is confidential. (5) Subject to the signing of an applicable confidentiality agreement, all parties may attend a meeting in which Staff participates to discuss settlement. Staff must provide to all Appendix A Page 11 of 74 ORDER NO. .·;! -... f t-: i i) <-~~· 'i:d "~; parties to the proceedings reasonable prior notice of any settlement meeting in which Staff intends to participate. The notice must include the time and place of the settlement meeting, the party or parties involved, and the issues to be discussed. Once Staff has given notice of a settlement meeting involving a particular issue, additional notice of continuing settlement meetings involving the same issue need only be provided to parties attending the initial meeting or parties who request continuing notice. Persons who are not associated with a party may not attend a settlement meeting without the consent of all participating parties. (6) For purposes of ORS 192.502(4), the Commission obligates itself to protect from disclosure any document submitted in confidence during settlement discussions. (7) Settlements must be memorialized in a written silpulation signed by the settling parties, served en the parties an the sef'Viee list for the deeket, and filed for review by the Commission. With the stipulation, the parties must file: (a) An explanatory brief or written testimony in support of the stipulation, unless waived by the Commission or ALJ; and (b) A motion to offer the stipulation and any testimony as evidence in the proceeding, together with wiEess affidavits in support of the testimony. (8) Within 15 days of the filing of a stipulation, a party may file written objections to the stipulation or request a hearing. Upon request or its own motion, the Commission or ALJ may set another time period for objections and request for hearing. Objections may be on the merits or based upon failure of Staff or a party to comply with this rule. The Commission or ALJ may hold a hearing to receive testimony and evidence regarding the stipulation. The Commission or ALJ may require evidence of any facts stipulated. The parties must be afforded notice and an opportunity to submit proof if such evidence is requested. (9) A stipulation is not binding on the <:Sommission. The Commission may adopt or reject a stipulation, or propose that a stipulation be modified prior to approval. If the Commission proposes to modify a stipulation, the Commission must explain its decision and, if necessary, provide the parties sufficient opportunity on the record to present evidence and argument to support the stipulation. No further hearing need be held when a review' hearing has already been held under section (8) of this rule and the Commission or ALJ determines that the issues were fully addressed in the prior hearing. Stat. Auth.: ORS 756.040 & 756.060 Stats. Implemented: ORS 183.417, 756.040 & 756.500 -756.575 Hist.: PUC 5-2010, f. & cert. ef. 10-22-10 860-001-0400 General Pleadings and Motions The Commission treats pleadings and motions differently. {1) Pleadings are used to address formal requests to initiate a proceeding or for Commission authorization. There are two types of pleadings. (a) Initiating pleadings include applications, petitions, and complaints. (b) Responsive pleadings include answers, protests, responses, and replies. Appendix A Page 12of74 ORDER NO. (2) Motions are requests seeking a ruling in a Commission proceeding. There are two types of motions. (a) Substantive motions address the rights or duties of a party or seek summary determination of any or all issues in the proceeding, such as a motion to dismiss. (b) Procedural motions address the means by which the Commission regulates its proceedings; for example, a motion to modify a schedule. Stat. Auth.: ORS 756.040 & 756.060 Stats. Implemented: ORS 183.417, 756.040 & 756.500 -756.575 Hist.: New 860-001-0410 Pleadings Requirements (1) All pleadings must be signed by the person filing the pleading or an authorized representative. By signing a pleading, the signatory makes the certification in ORCP l 7C. For elecronic filings, a person may use any identifier that is adopted by the person with the intent to authenticate a document (for example, "ls/John Doe"). (2) Applications, petitions, complaints, and other initiating pleadings must include: (a) The filer's name and contact information, including telephone number, physical address, and electronic mail address; (b) The name and contact information, including telephone number, physical address, and elec1rnnic mail address of any other party named in the filing; ( c) A clear and concise statement of the authorization, action, or relief sought; ( d) Appropriate references to the statutory provision or other authority under which the filing is made; and (e) Other information as required by the Commission's rules. (3) Answers, protests, and other responsive pleadings must be in writing and must include: (a) The filer's name and address; (b) The identification of the initiating pleading to which the response is made, including the docket number if one had been assigned; and ( c) A specific response to the pleading including, if necessary, an answer to material allegations and affirmative defonses. (4) Unless otherwise directed by the Commission or ALJ, responses must be filed within the following timeframes: (a) An answer to a complaint, application, or petition must be filed within 20 days after the pleading is servetffiled. (b) An answer to a consumer complaint under OAR 860-021-0015 must be filed within 15 days after the Commission serves the complaint. (c) An answer to a petition to intervene must be filed within 10 days after servieefiling of the petition. (d) An answer to a complaint under OAR 860-029-0100 must be filed within 10 days after the Commission serves the complaint. Appendix A Page 13 of74 "' ORDERNO · ..... 1111 ·' . 'i\ .!;, ,, ( e) An answer to any other type of pleading must be filed within 15 days after the pleading is senretlfiled. (5) A reply to a responsive pleading is not permitted unless otherwise allowed by the Commission or ALJ. Stat. Auth.: ORS 756.040 & 756.060 Stats. Implemented: ORS 756.040 & 756.500-756.575 Hist.: PUC5-2010, f. & cert. ef. 10-22-10 860-001-0420 Motions, Responses, and Replies (1) A .. motion is a Fequest to the Commission or ALJ for a ruling er atheF aetion. A motion must be made in writing unless otherwise allowed by the Commission or ALJ. (2) For plU'poses of these rttles, "substantive motions" addFess the rights oF duties of a party or seek summary dctcrminatien of any fff 9Jl issues in the pl'eeeedings. Substantive metions inelude a motian to dismiss. "PFeeedu.ral motians" address the means by whieh the Commissien regu.lates its proeeedi-ngs; fur t*ample, a motion to modify a sehedu.le. (3f-Before filing a procedural motion, the moving party must make a good faith effort to confer with other parties to seek agreement about the subject of the motion. A procedural motion must describe the effort to confor and the result of the effort. (J.4) A motion against an initiating or responsive pleading under OAR 860-001-0400 must be fi Jed within 10 days after the pleading is senretlfiled. (16) A party may file a response to a motion. A response to a substantive motion must be filed within 15 days of servieefiling of the motion. A response to a procedural motion must be fi Jed within 7 days of servieefiling of the motion. (~.6) The moving party may file a reply to a response to a substantive motion within 7 days of servieefiling of the response. The moving party is not permitted to file a reply to a response to a procedural motion unless permitted by the ALJ. (~1) If expedited consideration of a motion is requested, the moving party must: (a) Certify that the moving party has attempted to contact the other parties to the proceedings to discuss the motion and state whether the parties support the motion; (b) Identify the request for expedited consideration in the document caption; and ( c) Include a request to shorten the time for responses and, if applicable, replies. (18) Unless granted by the ALJ, a request for an extension or other related motion does not stay a pending due date. Stat. Auth.: ORS 756.040 & 756.060 Stats. hnplemented: ORS 756.040 & 756.500 -756.575 Hist.: PUC 5-2010, f. & cert. ef. 10-22-10 Appendix A Page 14 of74 860-001-0480 Testimony and Exhibits ORDER NO. 'l '" (1) Unless otherwise directed by the ALJ, all written testimony and exhibits must be paginated in the top right comer as follows: Party Name/Exhibit Number Witness Last Name/Page Number J, I • ' ' l ' ' ~ (2) Each party must consecutively number its written testimony and exhibits, beginning with 100. Within each round of testimony, each witness or witnesses testifying jointly must be designated with a separate numbering series. For example, Mr. Smith, Staffs first witness in the first round of testimony, would be assigned Staff/100. Ms. Jones, Staffs second witness in first round, would be assigned Staff/200. Mr. Smith's second round of testimony would be assigned Staff/300. Each attachment must be marked as a separate exhibit. For example, the first attachment to Staff/100 would be marked as Staff/ 101. A separate numbering series must also be used to identify all exhibits marked at hearing. (3) Each page of a multipage exhibit must be marked with a page number. Pages within each exhibit must be marked consecutively, beginning with page 1. (4) The ALJ may waive the requirement of marking each page of voluminous photocopied documents. (5) At the time otWhen filing testimony and exhibits, the filing party must simultaneously se:A<eprovide a copy of all work papers to Staff, the utility named in the initiating pleading, and all other parties that have asked to receive a copy. If a shared workspace is being used for data requests and responses, this provision is satisfied by uploading the work papers to that workspace and electing to share the upload with other authorized users .• As used in this rule, work papers consist of documents that show the source, calculations, and details supporting the testimony and other exhibits submitted. Parties must JU"o:•,ride eleetronie eopies of work papers if available. (6) Within the time specified by the ALJ, each party must file a list, in numerical order, of the written testimony and exhibits the party offered during the proceedings. The list must specify the document, witness, number of pages, and whether the exhibit was received into evidence. (7) When testimony or exhibits are offered in evidence at a hearing and were not previously filed, the offering party must give copies to each party, the Commission, and the ALJ. When practicable, the parties must distribute copies of exhibits before or at the beginning of the hearing. (8) When relevant evidence offered by a party is included in a book, paper, or document containing irrelevant material, the party offering the exhibit must plainly desi~1ate the relevant material offered: (a) If irrelevant material is included in the exhibit and would encumber the record, then the exhibit may be excluded. The exhibit may be marked for identification and the relevant material may be read into the record if properly authenticated. (b) If the Commission or ALJ directs, a copy of the relevant portions of the exhibit may be received as evidence. The offering party must offer copies of the document to all other parties appearing at the hearing. The parties must be afforded an opportunity to examine the exhibit and to off er in evidence other relevant portions of the exhibit. Appendix A Page 15 of74 ,. .. ,,,;., (9) Papers and documents on file with the Commission may be introduced by reference to number, date, or by any other method of identification satisfactory to the Commission or ALJ. (10) The Commission or ALJ may direct that the testimony of a witness, including supporting exhibits, be submitted in writing prior to hearing. Unless otherwise directed by the Commission or ALJ, written testimony, when sworn to orally or in writing by the witness under oath to be true, will be received in the same manner as an exhibit. The written testimony must be double-spaced, prepared in question and answer or narrative form, and contain a statement of the qualifications of the witness. The written testimony is subject to rules of admissibility and cross-examjnation. (11) The Commission or ALJ may direct that demonstrative evidence be reduced to a diagram, map, photograph, or similar representation. Stat. Auth.: ORS 756.040 & 756.060 Stats. Implemented: ORS 183.450, 756.040 & 756.500 -756.575 Hist.: PUC 5-2010, f. & cert. ef. 10-22-10 860-001-0540 Data Requests (1) A party may submit data requests to any other party, subject to the discovery rules in the ORCP. Data requests are written interrogatories or requests for production of documents. Data requests must be answered within 14 days from the date of service. Each data request must be answered fully and separately in writing or by production of documents, or objected to in writing. (2) A party submitting a data request must serve the request on all parties to the proceedings. For nonconfidential requests, service may be made by electronic mail or by electronic mail notification of upload to a designated shared workspace for data requests and responses. If the request contains confidential information, then the submitting party must serve a complete copy on all parties eligible to receive confidential information under the terms of a protective order and a redacted copy to all other parties. The complete confidential copy must be served using means identified in the protective order. Nonconfidential data requests and responses submitted to the Staff of the Commission must be sent to PUC.Datareguest@state.or.us. Ha designated shared workspace is being used for data requests and responses, the notification of uploaded data requests and responses must be sent to PUC.Datareguest@state.or.us. (3) The party answering the data request must provide a response or an electronic mail notification of upload to a designated shared workspace to the submitting party and all other parties that filed a written request for a copy of the response. A party must agree to be bound by the applicable protective order to be eligible to receive a response containing confidential information. (4) A party may offer into evidence data requests and the answers to the data requests. Any objection to substance or form of a data request or answer must be attached to the submitted data request or answer with specific reference and grounds. Every remedy available to a party using deposition procedures is available to a party using data requests. Appendix A Page 16of74 ORDER NO. '!! ,j,;, . (5) Except when requested by the Commission or ALJ, or when seeking resolution ofa discovery dispute under these rules, data requests are not filed with the Commission's Filing Center or provided to the ALJ. Stat. Auth.: ORS 756.040 & 756.060 Stats. Implemented: ORS 756.040 & 756.500 -756.575 Hist.: PUC 5-2010, f. & cert. ef. 10-22-10 Appendix A Page 17of74 ORDER NO. 860-016-0000 Definitions and Filing Dates As used in Division 016 of the rules: (1) "The Act" means the federal Communications Act of 1934, as amended by the Telecommunications Act of 1996. (2) "Arbitration" means the submission of a dispute for resolution by a neutral third party appointed by the Commission pursuant to Section 252(b) of the Act. (3) "Commission" means the Public Utility Commission of Oregon. ( 4) "Mediation" means a process in which a neutral third party assists negotiating parties to reach their own solution pursuant to Section 252(a)(2) of the Act. (5) "Pelitioner" means a person who has filed a petition for arbitration under the Act. (6) "Respondent" means the party to a negotiation, which did not make the request for ar·bitration. (7) Filing dates are calculated and enforced per OAR 860-001-0150. Stat. Auth.: ORS 183 & ORS 756 Stats. Implemented: 47 USC 252 Hist.: PUC 8-1998, f. & cert. ef. 4-8-98; PUC 25-2001, f. & cert. ef 11-5-01; PUC 6-2002, f. & cert. ef. 2-13-02 860-016-0020 Agreements Arrived at Through Negotiation (1) Upon receiving a request for interconnection, services, or network elements pursuant to Section 251 of the Act, the affected telecommunications carrier may negotiate and enter into a binding agreement with the requesting telecommunications carrier. (2) The negotiating parties may ask a mediator outside the Commission to help them reach agreement. If they request the Commission to mediate, the Commission will use an Administrative Law Judge (ALJ) or a member of the utility Staff to mediate. Only the negotiating parties and the mediator will participate in mediation sessions. (3) After the parties reach agreement under Section 252(a) of the Act, they must file an application with the Commission seeking approval of the agreement, or for approval of an amendment to an approved agreement on file with the Commission. The application must include an original plus two eopies of the negotiated agreement and a completed Carrier-to­ Carrier Agreement Checklist. A copy of the checklist is available on the Commission's website. The parties may also include any other supporting information with their application. The application and checklist must be filed electronically as required in OAR 860-001-0170. (4) The negotiating par-ties must supplement the filing with an exact eepy af the negotiated agrceme11t ft:Hd checklist in electronic form as required in OAR 860 001 ~ (~1) The Commission will approve or reject the agreement within 90 days of filing, with written findings as to any deficiencies. Prior to rejecting the agreement, the Commission will notify the negotiating parties of its intended action and provide an opportunity for the carriers to respond. The grounds for rejection are that the agreement: Appendix A Page 18 of74 ORDERNO. ·j (a) Discriminates against a carrier not a party to the agreement; or (b) Is not consistent with the public interest, convenience, and necessity. Applicable Commission policies will be a factor in public interest, convenience, and necessity determinations. Stat. Auth.: ORS 183 & 756 Stats. Implemented: 47 USC 252 Hist.: PUC 8-1998, f. & cert. ef. 4-8-98; PUC 25-2001, f. & cert. ef 11-5-01; PUC 6-2002, f. & cert. ef. 2-13-02; PUC 12-2004(Temp), f. & cert. ef. 8-31-04 thru 2-26-05; PUC 2-2005, f. & cert. ef. 2-11-05; PUC 11-2006, f. & cert .ef. 12-15-06 860-016-0021 Wholesale Promotions (1) A carrier intending to off er a wholesale promolion that would modify the terms of a Carrier-to-Carrier Agreement must provide the Commission and other telecommunications carriers notice of the promotion at least 30 days prior to the effective date of the promotion. The notice to the Commission must include: (a) A copy of a form contract, containing the terms and conditions of the promotional offering that would be submitted as an amendment to an existing Carrier-to-Carrier Agreement; and (b) A description of the means used to nolify other telecommunications caniers of the promotion. (2) The offering carrier must file the notice.with the Commission an 0l'iginal plus twe copies 0f the furm e0ntl'aet. With the filing, the offering eanier and must include a completed Carrier-to-Carrier Agreement Checklist, a copy of which is available on the Commission's loternet website. The notice and checklist must be filed electronically as reguired in OAR 860-001-0170.The carrier mast supplement the filing with an e:xaet eopy 0f the eentl'aet and eheeklist in eleetronie furm as 1·equired iH: OAR 86().-001 0170. (3) The Commission will approve the form contract unless it finds that the contract, if filed as an amendment to an interconnection agreement, would be subject to rejection under OAR 860-016-0020(~~). ( 4) If another carrier accepts the promotional offering, the offering and accepting carriers must file, within W.10 days of execution by the parties, an amendment to an existing Carrier-to-Carrier Agreement incorporating the exact terms and conditions of the. approved amendment in the form contract. Any such filed amendment will be deemed effective upon the later of the Commission approval of the form contract or execution of the amendment by the parties. Stat. Auth.: ORS 183 & 756 Stats. Implemented: 4 7 USC 252 Hist.: PUC 12-2004(Temp), f. & cert. ef. 8-31-04 thru 2-26-05; PUC 2-2005, f. & cert. ef. 2- 11-05; PUC 11-2006, f. & cert .ef. 12-15-06 Appendix A Page 19 of74 ORDER NO. 'ii "'r· 860-016-0025 Adoption of Previously Approved Agreement or Statement of Generally Available Terms (1) If a requesting telecommunications carrier decides to adopt an identical agreement or an identical individual arrangement contained in an agreement, pursuant to Section 252(i) of the Act and 47 CFR Section 51.809, with the exception of the adopting party's name and new effective date, previously approved by and on file with the Commission, or a Statement of Generally Available Terms approved by the Commission under OAR 860-016-0040, it shttllmust file notice of the adoption with the Commission. The notice shtlllmust include a completed Cartier-to-Carrier Agreement Checklist. (2) The requesting earrier shall also submit a eopy of the eheeklist iB eleetro»ie fermat eompatible with Adabe Aerobat Reader or Rieh Text For-mat. The notice documents must be filed electronically as required in OAR 860-001-0170. (3) If the notice is filed jointly with the affected telecommunications carrier, the adoption ~become~ effective on the date filed. ( 4) If the notice is filed unilaterally by the requesting telecommunications carrier, the requesting telecommunications carrier shtlllmust simultaneously provide notice of the adoption to the affected carrier. The affected carrier may then file objections to the adoption within 21 calendar days of such notice. If no objections are filed, the adoption slttttl become.§ effective on the 22nd day after filing. (5) An affected carrier may object to an adoption on the following grounds: (a) The costs of providing a particular interconnection, service, or element to the requesting telecommunications carrier are greater than the costs of providing it to the telecommunications carrier that originally negotiated the agreement; (b) The provision of a particular interconnection, service, or element to the requesting carrier is not technically feasible; (c) There is new federal or state law that requires modification of the agreement proposed to be adopted; ( d) The agreement proposed to be adopted has expired or been cancelled; or ( e) The proposed adoption is unlawful. (6) If the affected carrier files objections, the requesting carrier may file a reply within 14 calendar days after the objections are filed. An assigned Administrative Law Judge (ALJ) sltallwill schedule a conference within !We~ business days after the reply is filed, to be held as soon thereafter as practicable. At the conference, the ALJ shtlllwill determine whether the issues raised by the affected carrier's objection can resolved based on the pleadings and all supporting documentation, or whether further proceedings are necessary. If further proceedings are necessary, the ALJ sballwill establish a schedule for resolving the dispute on an expedited basis. Pending resolution of the dispute, other provisions of the proposed adoption not contested by the affected carrier will become effective. Stat. Auth.: ORS 183 & 756 Stat. Implemented: 47 USC 252 Hist.: PUC 25-2001, f. & cert. ef 11-5-01; PUC 6-2002, f. & cert. ef. 2-13-02; PUC 11-2006, f. & cert .ef. 12-15-06 Appendix A Page 20of74 860-016-0030 Arbitration of Disputes ORDER NO. '\] .\~· .;':. (1) Negotiating parties may engage the services of an outside arbitrator rather than file a petition with the Commission. If the negotiating parties petition the Commission to arbitrate their dispute, the Commission will use an ALJ as arbitrator unless workload constraints necessitate the use of an outside arbitrator. (2) A petition for arbitration must contain: (a) Identification of the parties' representatives, including contact information with electronic mail addresses; ilil.A statement of all umesolved issues; (b£) A description of each party's position on the unresolved issues; ( eQ) A proposed agreement addressing all issues, including those on which the parties have reached agreement and those that are in dispute. Wherever possible, the peli.tioner should rely on the fundamental organization of clauses and subjects contained in an agreement previously approved by the Commission; and (d~) Documentation showing that the request complies with the time requirements of the Act. (3) Respondent may file a response within 25 days of the request for arbitration. In the response, the respondent slttttlmust address each issue listed in the request, describe the respondent's position on those issues, and identify and present any additional issues for which the respondent seeks resolution. ( 4) The arbitration will be conducted in a manner similar to a contested case proceeding, and the arbitrator will have the same authority to conduct the arbitration process as an ALJ has in conducting hearings under the Commission's rules. However, the arbitration process will be streamlined to meet the Act's timelines. An early conference will be held to discuss processing of the case, and to receive the proposal put forth by each party. The arbitrator will establish the schedule, and decide whether an oral hearing would be helpful. After the oral hearing or other procedures (for example, rounds of comments), each party will submit its "final offer" proposed agreement. The arbitrator will choose between the two final offers. However, if neither offer is consistent with the Act and Commission policies, the arbitrator will make an award that meets those requirements. (5) Formal discovery procedures will be allowed only to the extent deemed necessary by the arbitrator. Parties will be required to cooperate in good faith in voluntary, prompt, and informal exchanges of information relevant to the matter. Umesolved discovery disputes will be resolved by the arbitrator upon request of a party. The arbitrator will order a party to provide information if he/5hethe arbitrator determines the requesting party has a reasonable need for the requested information and that the request is not overly burdensome. (6) Only the two negotiating parties will have full party status. The arbitrator may confor with Staff for assistance throughout the arbitration process. If Staff assistance is desired, the arbitrator will notify (by telephone or other means) the parties at least 24 hours before the consultation with Staff. The parties may attend or listen to the consultation and may respond in a manner allowed by the arbitrator. Appendix A Page 21 of 74 ORDER NO. (7) To keep the process moving forward, appeals to the Commission will not be allowed during the arbitration process. An arbitrator may certify a question to the Commission if deemed necessary. (8) To accommodate the need for flexibility, the arbitrator may use procedures that vary from those set out here if ~the arbitrator deems it helpful in a particular arbitration, as long as the procedures are fair, treat the parties equitably, and substantially comply with the procedures listed here. (9) Each arbitration award must: (a) Ensure that the requirements of sections 251 and 25 2 of the Act and any valid applicable Federal Communications Commission regulations under that section are met; (b) Establish interconnection and network element prices consistent with the Act; ( c) Establish a schedule for implementation of the agreement; and (d) Be consistent with Commission policies. (10) After an arbitration award is submitted to the Commission, notice will be served on those who have indicated a desire to receive notice of mediated and arbitrated agreements. Any person may then file comments within 10 days of service of the award. (11) The Commission will accept or reject an arbitration award within 30 days. (12) Within 14 days after the Commission issues its arbitration decision, petitioner must prepare an interconneclion agreement complying with the terms of the arbitration decision and serve it on respondent. Within 10 days of service of this interconnection agreement, Rrespondent slttHl!!!!!fil either sign and file the agreement; or file objections to it, within 10 days of serviee of it. If objeclions are filed, respondent slfflllmust state how the agreement fails to comply with the arbitration decision, and offer substitute language complying with the decision. The Commission will approve or reject a filed interconneclion agreement within 30 days of its filing, or the agreement will be deemed approved. If petitioner, without respondent's consent, fails to timely prepare and serve an interconnection agreement on respondent, respondent may file a motfon requesting the Commission dismiss the petition for arbitration with prejudice. The Commission may grant such motion ifthe petitioner's failure to timely prepare and serve the interconnection agreement was the result of inexcusable neglect on the part of petitioner. Stat. Auth.: ORS 756 Stats. Implemented: 47 USC 252 Hist.: PUC 8-1998, f. & cert. ef. 4-8-98; PUC 11-2006, f. & cert .ef. 12-15-06 860-016-0050 Petitions for Enforcement of Interconnection Agreements (1) Purpose of rule. This rule specifies the procedure for a telecommunications provider, as defined in 0 AR 860-032-0001, to file a complaint for the enforcement of an interconnection agreement that was previously approYed by the Commission. Fol' purposes of this rule, the term "intereonneetion agreemeat" is an agreement executed pursuant to the Telecommunications Act of 1996 (the Act). This includes interconnection agreements, resale agreements, agreements for the purchase or lease of unbundled network elements (UNEs), or statements of generally available terms and conditions (SGATs), Appendix A Page 22of74 ·r~ , ... ORDER NO. I . .'{;-;'J whether those agreements were entered into through negotiation, mediation, arbitration, or adoption of a prior agreement or portions of prior agreements. Section (lJl-) of this rule specifies procedures for complaints alleging that telecommunications utilities have engaged in prohibited acts under ORS 759.455. (2) At least 10 days prior to filing a complaint for enforcement, complainant must give written notice to defendant and the Commission that complainant intends to file a complaint for enforcement. The notice must identify the provisions in the agreement that complainant alleges were or are being violated and the specific acts or failure to act that caused or are causing the violation, and whether complainant anticipates requesting temporary or injunctive relief. On the same day the notice is filed with the Commission, complainant must serve a copy of the notice on defendant's authorized representative, attorney of record, or designated agent for service of process. Complainant must also serve the notice on all persons designated in the interconnection agreement to receive notices; filThe eomplaint.A complaint for enforcement of an interconnection agreement must eontain the following: (a) Contain aA statement of specific facts demonstrating that the complainant teleeommunieatfons provider conferred with defendant in good faith to resolve the dispute, and that despite those efforts the parties failed to resolve the dispute; (b) Include aA copy of a the written notice, required by section (2), to the defendant telecommunications provider indicating that the complainant intends to file a complaint for enforcement of the intereonneetion agreement, as described in subsection (3)(a) below; (c) Include aA copy of the interconnection agreement or the portion of the interconnection agreement that the complainant contends was or is being violated. If a copy of the entire interconnection agreement is provided, complainant must specify provisions at issue. If the interconnection agreement adopted a prior agreement or portions of prior agreements, the complaint must also indicate the provisions adopted in those agreements; (d) Contain aA statement of the facts or a statement of the-law demonstrating defendant's failure to comply with the agreement and complainant's entitlement to relief. The statement of entitlement te Pelief must indicate that the remedy sought is consistent with the dispute resolution provisions in the agreement, if any. Statements of facts must be supported by written testimony er ene Ot' morewith affidavits, made by persons competent to testify and having personal knowledge of the relevant facts. Statements oflaw must be supported by appropriate citations. If exhibits are attached to the affidavits, the affidavits must contain the foundation for the exhibits; ( e) The complaint may dDesignate up to three persons one additional person to receive copies of other pleadings and documents; ftfld (f) Complainant shall also file with the complaint, as a separate document,Include any motions for affirmative relief, filed as a separate document and. Motions for injunetive or temporary relief must be clearly marked. Nothing in this subsection sDall preclude~ complainant from filing a motion subsequent to the filing of the complaint if the motion is based upon facts or circumstances unknown or unavailable to complainant at the time the complaint was filed; and Appendix A Page 23 of74 ., ORDERNO. L !11! (g) (;&mplainant shall also file with-the eomplaint, as a separate doeument,lnclude an executive summary, filed as a separate document not to exceed 8 pages, outlining the issues and relief requested. Sueh summary shall be no more than eight pages. (3.f) Serviee of the complaillt. The eomplaint fo1· enforcement must be served as followsOn the same day the complaint is filed with the Commission,t (a) At least ten days pFior to filing a eomplaint for cBforeement with the Commission, eomplainant must give written aotiee to defendant and the Commission that eomplainant intends to file a eomplaint fop eafurcement. The notice must identify the provisions in the agFeement that complainant alleges were or are being violated and the SfH~eifie acts 1:w failure to act that eaused or is causing the violation and \\<hetltCF the eomplainant anticipates requesting temporary or injunetive relief. The notice must be served in the same manner as set forth in subsectioBs (b) and (e) below, exee13t that complainant must also serve the notiee on all persons designated in the intereonneetion agreement to receive notices;. w-t£omplainant must serve a copy of the complaint foF enfoFeement on defendant's authorized representative, attorney of record, or designated agent for service of processthe same day the eomplaiat is filed with the Commission. Service may be by electronic mail, fax, or overnight mail, provi'1edbut the complaint must arrives at defendant's location on the same day the complaint is filed with the Commission. Service by electronic mail or .fax must be followed by a hardphysical copy the next day ffi!!Y overnight maildelivervpmd (e) Complainant must serve a eopy of the eomplaint for enforeement on defendant's authorized representative, atto1·ney of reeord, or designated agent for service of process. (4fil Within 10 business days after service of the complaint, defendant may file '.J;he answer.A~n answer with the Commission. Any allegations raised in the complaint and not addressed in the answer are deemed admitted. The answer must eofi'1:ply with the followiog: (a) The answer must eContain a statement of specific facts demonstrating that the responding teleeommunieations p1·oviderdefendant conferred with complainant in good faith to resolve the dispute, and that despite those efforts the.parties failed to resolve the dispute; (b) The answer must rRespond to each allegation set forth in the complaint and mtiSt set forth all affirmative defenses; (c) The answer must eContain a statement of the facts or a statement of the law supporting defendant's position. Statements of facts must be supported by written testimony or one or more affidavits, made by persons competent to testify and having personal knowledge of the relevant facts. Statements of law must be supported by appropriate citations. If exhibits are attached to the affidavits, the affidavits must contain the foundation for the exhibits; and . (d) The answer may dDesignate one additional up to three person§. to receive copies of other pleadings and documents; (e§.) On the same day as the answer is filed, the defendant must also file its response to any motion filed by complainant and its motions for affirmative relief. Each response Appendix A Page24 of74 v '1!>; t\i F j1 ~1 l 1 /.~ .(·,., ORDER NO. ti.,~,, '"'" and each motion must be filed as a separate filing.,A .. ny allegations raised in the complaint aHd not addFessed in the answeF are deemed admitted; and 00 Defendant shall file with the answer, as a sepa:rate document, a response to any motioH filed by complainant, and any motion defendant wishes to file that seeks affiFmative Felief. Nothing in this sabsection shall-preclude§. defendant from filing a motion subsequent to the filing of the answer ifthe motion is based upon facts or circumstances unknown or unavailable to defendant at the time the answer was filed. (7) On the same day the answer is filed with the Commission, defendant must serve a copy of the answer to the complainant's authorized representative, attorney of record, or designated agent for service of process. (5) 8et'Viee of the answer. The answet' mast be set'Ved as foll&'Ws: (a) Defendant mast file a eopy of the answeF with the Commission within ten business days afteF seFViee of the complaint for enforcement; (b) Defendant mast deliyer a eopy of the answel' to complainant the sttme day the aftsweF is filed with the Commission, in the manner set forth in subseetions (3)(b) and (3)(c) above; (e) Defendant mast sen•e a eof>y of the answer on the complainant's ttttorney, as listed ifl the eomplttint, or the peFson who signed the complaint, if complainant has no attorney. (6~) The Feply. Complainant must file a reply to an answer that contains affirmative defenses within !We§. business days after the answer is filed. On the same day the reply is filed with the Commission, complainant must serve a copy of the reply to defendant's authorized representative, attorney of record, or designated agent for service of process.The reply must be served in the manner set forth in subseetioHS (3)(b) and (3)(e) above. If the reply eontains new faets or legal issues not raised in the eomplaint, the reply must also eomply with subseetion (2)(d) abeve. (12) Cross eomplaiats of:' eounterelaims. A cross-complaint or counterclaim shall-must be answered within the tef110-business.day time frame allowed for answers to complaints. (8 !ID Conferenee. The Commission will conduct a conference regarding each complaint for enforcement of an interconnection agreement. (a) The Administrative Law Judge (ALJ) will schedule a conference within !We§ business days after the answer is filed, to be held as soon thereafter as is-practicable. At the discretion of the ALJ, the conference may be conducted by telephone; (b) Based on the complaint and the answer, all supporting documents filed by the parties, and the parties' oral statements at the conference, the ALJ will determine whether the issues raised in the complaint can be detennined on the pleadings and submissions without further proceedings or whether further proceedings are necessary. If further proceedings are necessary, the ALJ will establish a procedural schedule. The procedural schedule may include a mandatory mediation session. Either party may request that a person other than the ALJ preside over the mediation. Nothing in this subsection is intended to prohibit the bifurcation of issues where appropriate; (c) In determining whether further proceedings are necessary, the ALJ will consider, but is not limited to, the positions of the parties; the need to clarify evidence through the Appendix A Page 25of74 ORDERNO. l' examination of wi1nesses; the complexity of the issues; the need for prompt resolution; and the completeness of the information presented; ( d) The ALJ may make oral rulings on the record during the conference on all matters relevant to the conduct of the proceeding. (9-!1) Diseo--very. A party may file with the complaint or answer a request for discovery, stating the matters to be inquired into and their relationship to matters directly at issue. .... ,,,, (l~G) Expedited preeedure. When warranted by the facts, the complainant or defendant may file a motion requesting that an expedited procedure be used. The moving party shall!!!!!fil file a proposed expedited procedural schedule along with its motion. The ALJ will schedule a conference to be held as soon after the motion is filed as is-practicable, to determine whether an expedited schedule is warranted. (a) The ALJ shallwill consider whether the issues raised in the complaint or answer involve a risk of imminent, irrevocable harm to a telecommunications provider and to the public interest; (b) If a determination is made that an expedited procedure is warranted, the ALJ shallwill establish a procedure that ensures a prompt resolution of the merits of the dispute, consistent with due process and other relevant considerations. The ALJ shallwill consider, but is not bound by, the moving party's proposed expedited procedural schedule; (c) An expedited procedure may be appropriate ifthe complainant shows that its ability to provide telecommunications services will be substantially harmed unless the Commission acts promptly. In general, the Commission will not entertain a molion for expedited procedure where the dispute solely involves the payment of money. (Ill) Procedures for complaints alleging violation of ORS 759.455. (a) An answer under section (4fil of this rule shallmust be filed with the Commission and served on the complainant within toolO calendar days after service of the complaint; (b) A reply under section (6ID of this rule shallmust be filed with the Commission and served on the defendant within five~ calendar days after the answer is filed; ( c) The ALJ shallwill schedule a conference to be held in person or by telephone not later than 15 calendar days after the complaint is filed; (d) A hearing shallwill begin no later than 30 days afterthe complaint is filed; ( e) The ALJ may consult with the Commission Staff in the manner set forth in OAR 860- 016-0030( 6). Stat. Auth.: ORS Ch. 183 & 756 Stats. Implemented: ORS 756.040, 756.518, 759.030(1), 759.455, Ch. 1093, OL 1999 & 47 USC: 252 Hist.: PUC 7-1999, f. & cert. ef. 10-18-99; PUC 7-2000, f. & cert. ef. 5-3-00; PUC 21-2002, f. & cert. ef. 12-9-02; PUC 1-2005, f. & cert. ef. 2-2-05 Appendix A Page 26of74 860-021-0015 Dispute Resolution ( l) When a dispute occurs between a customer or applicant and a utility about any bill; charge, or service, the utility must,;, f!!} Tthoroughly investigate the matter,;, {hl ~£romptly report the results of its investigation to the eustamer or applieantcomplainant; (c) Inform the complainant of the right to have a utility supervisor review any · dispute; · .@L. Eaeh utility must p£repare a written record of the dispute showincluding the name and address of the eustomer ar applieantcomplainant involved, the date the complaint was received, the issues inand eharaeter of the dispute, and the disposition of the matter; and !tl_. The utility must rRetain records of the dispute for at least 36 months after the investigation is closed. (2) The utility shall inform the eustomer or applieant of the right to supervisory review of any dispute, ineluding hut Bot limited to, establishment of eredit trnd termiBatioB of serviee. If the utility and complainant cannot resolve thea dispute--fs...fwt resohred, the utility slttillmust D&tifyinform the customer or applicant of the Commission's dispute resolution proeedure and its toll free telephone number. c·omplainant of the right to contact the Consumer Services Section and request assistance in resolving the dispute. The utility must provide the following contact information for the Consumer Services Section: (a) Telephone: 503-378-6600; 1-800-522-2404; TTY 711; (b) Mailing address: Public Utility Commission of Oregon, Consumer Services Section, PO Box 1088, Salem, Oregon 97308; (c) Physical address: Public Utility Commission of Oregon~ 3930 Fairview Industrial Drive SE, Salem, Oregon 97302; (d) Electronic mail address: puc.consumer@state.or.us; and (e) Website: http://www.puc.state.or.us/consumer/customer%20complaint%20process.pdf. (3) A c11stomer or applicant may request the Commission's assistance in resolving the dispute by contacting the Commission's Consumer Services Division. The Commission shall notify the utility upon receipt of sueh a request.The Consumer Services Section will investigate any dispute upon request to determine whether it can be resolved as an informal complaint. (4) The Commissfon's CoBsumer 8erviees DivisioB shall assist the complainant and the utility in an effort to reaeh an informal resolutioB of the dispute. (~) If the Consumer Services Section cannot resolve thea registered dispute cannot be resolved infonnally, the-Gemmission's Consumer Services Division shall advise the complainant may of the right to file a formal written complaint with the Commission under ORS 756.500. The formal complaint must be submitted on an approved form available from the Consumer Services Section. Appendix A Page 27 of74 (!}_The complaint shall state the faets of the dispute and the relief requestedmust be filed electronically with the Filing Center at PUC.FilingCenter@state.or.us. {b) If complainant does not have access to electronic mail, (A) The complaint may be mailed, faxed, or delivered to the Filing Center at the address set out in OAR 860-001-0140; and (B) The complaint must include a request for waiver of electronic service and filing requirements. This request is included on the form available from the Commission's Consumer Services Division. (c) The Commission will serve the complaint on the utility. The Commission may electronically serve the utility with the complaint if the electronic mail address is verified prior to service of the complaint and the delivery receipt is maintained in the official file. @_The utility shaUmust answer the complaint within 15 days of service of the complaint by the Commission. f.tl. The Commissionmatter shallwill determine a procedural schedule after the utility's answer is filed. The utility must serve a copy of its answer on the complainant. then be set for expedited hearing. A hearing m:ay be held on less than ten days' notice v.'hen good cause is shovm. (A) If the utility files a motion to dismiss, the complainant may file a response within 15 days of the motion. If the complainant responds, the complainant must file the response with the Filing Center and send a copy to the utility. The Commission may make a decision on the formal complaint based on the information in the complaint, the utility's response and motion to dismiss, and the complainant's response to the utility's motion; or (B) The Commission may set a procedural schedule for the complaint proceedings, including but not limited to, scheduling dates for receiving additional information from the parties, telephone conferences, or a bearing. A bearing may be held on less than 10 days' notice when good cause is shown. ~6) Upon filing a formal complaint, the complainant may request a hearing to determine whether the complainant is entitled to continued or restored service pending the resolution of the complaint. Unless extraordinary circumstances exist, the Commission will conduct the hearing by telephone within 3 business days. Notice of the bearing will be provided to the complainant and the utility at least 12 hours before the date and time of the hearing. Pending resolution of the dispute, the complainant's obligation to pay undisputed amounts continues. (§.1) A customer or applieah:tcomplainant who has a registered dispute or formal complaint pending with the Commission shall be~ entitled to continued or restored service provided: (a) Service was not terminated for tampering with utility property, stealing, diverting, or using unauthorized service, theft of serviee or failure to establish credit; (b) A bona fide dispute exists in which the facts asserted by the eustomer or applicant entitle the complainanteustomer or applicant to service; Appendix A Page 28 of74 ORDER NO. !/ ,{ ( c) When termination is based on nonpayment, the customer ar applicant makes adequate arrangement to avoid future loss to the utility, such as prepaying estimated monthly utilityagrees to pay undisputed charges; and (d) The complainanteustemer or applicant diligently pursues conflict resolution under the Commission's rules. (81) If the conditions in sec1ion ~-1) of this rule are not satisfied, the utility has no obligation to provide continued service. A utility discontinuing service because of a failure to meet the conditions of subsections (§.-1-)(c) or (§..+)(d) of this rule shallmust give the customer five-day notice served in the same manner as provided by OAR 860-021-0405 or 860-021- 0505, whichever applies, except the notice need only describe the defoct in performance, the date and time when utility service will terminate, and the toll-free number of the Commission's Consumer Services Division. In deeiding whether the conditions are met, the utility shall consult with the Cemmissien's Censumer Sen'iees Divisien. ,\, eust0mer er applicant who has filed a fermal complaint, the utility, er the Commission's Cansumer SeFViees Division may aslc the Commission fer a hearing te decide if the conditions are met. Unless ex.traerdinary eireamstanees exist, the hearing will be. eondueted by telephene eonferooee within three business days ft'0m the date Fequested. Notice of heaFing will be giYen to the eustomer, the utility, and the Cemmission's Consumer 8eFViees Division at least 12 houFs befen the date and time of the hearing. Notice is effective when given in person, by telephone, OF in writing deliveFed to the ptll'ty's last lrnewu address. Mailed n0tiee is effective twa days afteF deposit in the U.8. mail, excluding Sundays and halidays. Stat. Auth.: ORS 183, 756, 757 & 759 Stats. Implemented: ORS 756.040, 756.500 & 756.512 Hist.: PUC 164, f. 4-18-74. ef. 5-11-74 (Order No. 74-307); PUC 5-1983, f. 5-31-83, ef. 6-1- 83 (Order No. 83-284); PUC 12-1983, f. & ef. 10-7-83 (Order No. 83-623); PUC 1-1985, f. & ef. 2-1-85 (Order No. 85-075); PUC 4-1985, f. & ef, 4-22-85 (Order No. 85-350); PUC 5- 1987, f. & ef. 7-2-87 (Order No. 87-723); PUC 16-1990, f. 9-28-90, cert. ef. 10-1-90 (Order No. 90-1105); PUC 11-1998, f. & ef. 5-7-98 (Order No. 98-188); PUC 8-1999, f. & cert. ef. 10-18-99; PUC 19-2001, f. & cert. ef. 6-21-01; PUC 11-2003, f. & cert. ef. 7-3-03; PUC 6- 2013, f. & cert. ef. 8-7-13 Appendix A Page 29 of74 ORDER NO. ·:1 · 860-022-0005 Tariff Specifications for Energy Utilities and Large Telecommunications Utilities (1) Form and style of tariffs: (a) All tariffs mast be in loose leaf form so ehanges ean be made by reprinting and inserting a single leaf; (b)--Each energy or large telecommunications utility must designate the initial tariff as PUC Oregon No. 1, and designate successive tariffs with the next number in consecutive numerical order. Supplemental information not otherwise provided by the tariff must be inserted in the most appropriate location and denoted by the previous sheet numbers plus a letter, for example, 3A, 3B, etc. Revisions to tariffs must be denoted by 1st Revised Sheet No. 3, 2nd Revised Sheet No. 3, etc.; (eb) The title page should be uniform. Rates, rules, and regulations must be written only on one side of a sheet. If a single sheet is insufficient, two or more pages should be used; and (d.£) Separate tariffs must be filed for electric, telecommunications, telegraph, gas, heat, or for any other service entered. (2) Size of tariffs and copies required: an (a) Tariffs and supplements thereto must be prepared using a readable font that, when printed, will fit on an 8-1/2 x 11 inch page; and (b) Energy and large telecommunication utilities must file with the Commission an original of each tariff, rate schedule, revision, or supplement. The atility mast supplemeB:t the filing with an exaet eopy of the tariff in electronic form as required in OAR 860-001- 0170. The advice letter accompanying the tariffs must bear the signature of the issuing officer or utility representalive. The tariffs do not require a signature. Stat. Auth.: ORS 183, 756 & 757 Stats. Implemented: ORS 757.205 Hist.: PUC 164, f. 4-18-74, ef. 5-11-74 (Order No. 74-307); PUC 176, f. 11-17-76, ef. 12-1- 76 (Order No. 76-806); PUC 15-1987, f & ef. 12-3-87 (Order No. 87-1185); PUC 8-1995, f. & cert. ef. 8-30-95 (Order No. 95-858); PUC 9-1998, f. & cert. ef. 4-28-98; PUC 16-2001, f. & cert. ef. 6-21-01; PUC 18-2004, f. & cert. ef. 12-30-04 860-022-004 7 Recovery of Certain Facility Relocation Costs ( 1) This rule provides a means for a utility to recover from its customers the unreimbursed costs of facility relocation activities required by a public body, as provided in ORS 758.025. (2) As used in this rule: (a) "Facility" or "facilities" refers to a utility's tangible plant which ordinarily has a service life of more than one year that provides utility service, and is included in the utility's books of account as Telecommunications Plant in Service (account 2001. 47 C.F.R. 32). (b) "Facility costs" represent the cost of materials installed because of a facility relocation required by a public body. ( c) "Nonfacility costs" are those non-material costs (e.g. labor) incurred to place or move utility facilities and which are authorized for recovery by the utility under this rule. Appendix A Page 30 of74 .. '. it l ~ ORDER NO. (d) "Public body" has the meaning given that term in ORS 174.109. ,., / .J (e) "Recoverable relocation costs" has the meaning given in ORS 758.025(5)(a). (f) "Undepreciated value of facilities replaced" represents the net book value (original cost minus accumulated depreciation) of the facilities removed or retired. (g) "Utility" means a telecommunications utility or competitive telecommunications provider, as those terms are defined in ORS 759.005. (3) A telecommunications utility that is not subject to rate-of-return regulation, including a utility regulated under ORS 759.255 may, after participating in the process described in 758.025(3), petition the Commission for approval to recover from its customers prudent costs incurred for the relocation of facilities required by a public body that are not otherwise paid or reimbursed from another source. ( 4) The utility's petition must follow the requirements of filing and serviee for contested cases found in OAR Chapter 860, Division 001 and include: (a) The name of the utility as it appears on its certificate of authority. (b) The name, telephone number, electronic mail address, and mailing address of the person to be contacted for additional information about the petition. (c) The name, telephone number,.electronic mail address, and mailing address of the person to be contacted for regulatory information, if different from the person specified in subsection (b) of this section. (d) A general description of the relocation project or projects including a statement as to why the relocation was necessary and unavoidable, and a description of the locations and public bodies involved. ( e) A statement that, for each project identified in subsection ( d) above, the utility participated in the planning and design process described in ORS 758.025(3). (f) Evidence from each public body that the public body required the utility to relocate its facilities within the public body's jurisdiction. (g) A general statement of the overall impact on the utility of the relocation project or projects. (h) One or more schedules of costs for which the utility seeks recovery. The utility must: (A) Include in its petition only those costs directly related to a relocation required by a public body. (B) Exclude any costs subject to reimbursement from other sources, such as state or federal highway funds. (C) Identify capital and expense costs separately. (D) Identify facility and nonf acility costs separately. · (E) Exclude all costs related to improvements and upgrades, except that costs related to mandatory conversions ordered by a public body may be included. (F) Ensure that all schedules, plant records, and job costs meet FCC accounting requirements (47 C.F.R. 32). (G) Limit recoverable facility costs to the undepreciated value of the facilities replaced. (i) The utility's proposed allocation of costs between services, customers, jurisdictions, or other groups as appropriate. G) The utility's proposed method of cost recovery. Appendix A Page 31 of74 ·.i ORDER NO. ,, I,,, •!'";;' (A) Approved relocation costs may be recovered by one or more line items on customer bills. (B) The utility may propose alternative forms of cost recovery subject to Commission review and approval. (C) Line items must not be described on the customer's bill as a tax or other mandatory government fee. (k) The utility's proposed time period for cost recovery. A utility may recover its cost over no less than twelve months, subject to an annual true up. (1) A copy of the customer notice required by section (8) of this rule. (m) An affidavit of notice required by section (10) of this rule. (5) The petition may include any other relevant information the utility wishes the Commission to consider. (6) If the utility designates any portion of the petition to be confidential, it must provide an affidavit stating the legal basis for the claim of confidentiality and comply with the requirements of OAR 860-001-0070 or 860-001-0080. (7) The petition must be filed at least 90 days before the proposed effective date of the cost recovery. (8) The customer notice (notice) must include: (a) The name of the utility as it normally appears on a customer bill. (b) A statement that the utility has petitioned the Commission for recovery of certain mandatory facility relocation costs. ( c) The proposed impact on the customer's bill and the proposed duration of any cost recovery billing. (d) The proposed effective date of cost recovery bilJing. (e) A statement that customers may submit objections or comments regarding the petition to the Commission within 45 days ofreceipt of the notice. (f) The name, telephone number, electronic mail address, and mailing address of the utility's contact person for more information. (9) The utility must provide the notice: (a) To all customers whose bills will be affected ifthe requested cost recovery is approved by the Commission. (b) To affected customers on or before the date the utility submits its petition for cost recovery to the Commission. (c) To persons who are not customers of the utility ifthe utility seeks cost recovery from those persons. The utility must explain in its petition why those persons should contribute to the utility's cost recovery. The utility must provide notice to those persons at the same time as the utility provides notice to its customers. (10) The affidavit of notice must include: (a) A certificate of service stating when and by what means (for example, direct mail, bill message, bill insert, or electronic mail) the notice was provided to the persons identified in section (9) above. (b) A statement of efforts taken by the utility to provide notice in those instances when service was not completed. Appendix A Page 32 of74 ORDER NO. (11) The utility must identify in its petition its recoverable costs that are substantial and beyond the normal course of business, subject to Commission review and approval. (12) In its review of the petition under ORS 758.025(5), the Commission will: (a) Verify the utility's participation in the design and planning process described in ORS 758.025(3). (b) Verify the relocation costs for which the utility requests recovery. ( c) Determine the allocation of costs between interstate and intrastate services, geographic areas, customers and services. (d) Prescribe the method of cost recovery. (13) The Commission may audit any relocation costs or other information submitted by the utility. (14) The Commission may administratively approve an unopposed petition without a hearing. For good cause, the Commission may suspend the effective date of a petition (whether opposed or unopposed) without a hearing for a period not to exceed six months. (15) If opposition to the petition is filed with the Commission within 45 days of service of the notice, the Commission will schedule a conference to determine the schedule and proceedings necessary to complete its review of the pelition. Contested cases will follow the procedures in OAR Chapter 860, Division 001. (16) The utility must file the approved surcharge (or other approved cost recovery mechanism) in its tariff and price list before it can bill the surcharge to its customers. (17) With respect to relocation of utility facilities required by a public body, this rule does not supersede any franchise agreement, ordinance, or applicable state law. (18) This rule applies to relocations for which construction began on or after January 1, 2010. Stat. Auth.: ORS Ch. 183, 756, 758 & 759 Stats. Implemented: ORS 758.025 Hist.: PUC 5-2012, f. & cert. ef. 8-23-12 Appendix A Page 33 of74 ORDER NO. 860-023-0151 Annual Report on Electric Reliability (1) On or before May I of each year, an electric company must file with the Commission a report that includes the information set forth in section (2) of this rule for the reporting period. The electric company must file the report in b0th plljler and electronic form. The electric company must make electronic copies of the report available to the public upon request. For paper copies requested by the public, the electric company may charge a reasonable cost for production of the copy. (2) The annual Electric Service Reliability Report must contain: (a) The results of the calculated SAIDI, SAIFI, and MAIFIE indices required by OAR 860-023-0111. The electric company must also report this information on a system-wide basis compared with the previous four years' performance, and on a reliability reporting area basis com pared with the previous four years' performance. (b) A swnmary of system-wide and reliability reporting area sustained interruption causes compared to the previous four-year performance. Cause categories to be evaluated include: (A) Loss of Supply-Transmission; (B) Loss of Supply -Substation; (C) Distribution -Equipment; (D) Distribution -Lightning; (E) Distribution -Planned; (F) Distribution -Public; (G) Distribution-Vegetation; (H) Distribution-Weather (other than lightrling); (I) Distribution -Wildlife; ( J) Distribution -Unknown; and (K) Distribution -Other. ( c) A listing of the Major Events experienced during the reporting period, including reliability reporting area involved; operating areas involved; dates involved; T MED applied; interruption causes; and SAIDI, SAIFI, and CAIDI impacts to customers for the Event on both a reliability reporting area basis and a system-wide basis. ( d) A listing of the TMED values that will be used for each reliability reporting area for the forthcoming annual reporting period compared with the previous four years ofT MED values. ( e) A summary of the characteristics of the systems covered under OAR 860-023-0091( 4) and estimation methodologies covered by OAR 860-023-0101(3) and 860-023-0111 (3) for the collection of interruption data, calculation of reliability information, and facilitation of interruption restoration and mitigation. , (f) A swnmary addressing the changes that the electric company has made or will make in the collection of data and the calculation, estimation, and reporting of reliability information. The electric company must explain why the changes occurred and explain how the change affects the comparison of newer and older information. (g) A map showing the reliability reporting areas and operating-areas. (h) A listing of circuits by reliability reporting area and substation, indicating circuit voltage and number of customers connected. (3) This rule is effective beginning January 1, 2012. Appendix A Page 34 of74 Stat. Auth.: ORS 183, 756 & 757 Stats. Implemented: ORS 757.020 Hist.: PUC 10-2011, f. 10-14-11, cert. ef. 1-1-12 ORDER NO. Appendix A Page 35 of74 ...• ,. :i '~. ORDER NO. 860-025-0060 Reinstatement of Carrier of Last Resort (COLR) Obligations . I ,1 .·:·\ :;,, ·•;· (1) Any resident or occupant of the property for which the Commission allowed an exemption of the COLR obligations under OAR 860-025-0055, or the exempted COLR utility, may petition the Commission to reinstate the COLR obligations. (2) The petition for reinstatement of the COLR obligations must be filed as set forth in OAR 860-001-0140 and 860-001-0170 and include the information required in OAR 860- 001-0400(2) and the proposed effective date of COLR obligations reinstatement. (3) Within 14 days of the filing of a complete petition for reinstatement of the COLR obligations, the Commission shft»will electronically serve no1lce of the petition on the COLR identified in the petition (unless the petitioner is the exempted COLR), the Commission's general notification list, and the service list of the docket under which the COLR exemption was granted. ( 4) The Petitioner must serve notice of the petition upon: (a) The property owner or developer; (b) The residents within the property that the COLR is able to identify. (5) The Commission shft»will conduct contested case proceedings, including a public hearing, to determine if the existing public convenience and necessity require reinstatement of the COLR obligations. The petitioner has the burden of proving that the COLR should be reinstated. Parties to the proceedings may present in support of or opposition to the petition for the Commission's consideration: (a) Evidence of the willingness of at least 60 percent of the occupants or residents of the property (including the Petitioner) to subscribe to the utility's service and pay for the incremental cost of providing the service; (b) Evidence of the estimated costs of the telecommunications utility, cooperative corporation, or municipality to serve the exempted area that are over and above the original cost to serve; ( c) The service record of the Alternative Service Provider, including but not limited to, statistics about complaints, delays, and service quality; (d) Legal argument or evidence as to why reinstating COLR obligations to the telecommunications utility, cooperative corporation, or municipality is or is not in the public interest; and ( e) Other relevant evidence that the parties wish to be considered by the Commission. (6) If the Commission determines that the existing public convenience and necessity requires reinstatement of the COLR obligations to the exempted COLR: (a) The COLR may not be required to incur any costs until the incremental costs necessary to construct the facilities to provide service have been received from the parties identified in section 5(a) of this rule. The COLR may not unreasonably deny payment terms in lieu of one-time payments; and (b) The COLR must receive from the existing provider (if any) the access necessary for the COLR to install and maintain its facilities, including necessary easements, before the Commission requires the COLR to re-establish service. The existing provider may not unreasonably deny such access. Appendix A Page 36 of74 Stat. Auth: ORS 756.060, 759.036, & 759.506 Stat. Implemented: ORS 759.506 Hist.: PUC 4-2011, f. & cert. ef. 8-26-11 ORDER NO. el 1;Z Appendix A Page 37 of74 ,, «fl, ,· ~ ORDER NO. ,./~ -.1 -';i :'.~; 860-027-0300 Use of Deferred Accounting by Energy and Large Telecommunications Utilities ( 1) As used in this rule: (a) "Amortization" means the inclusion in rates of an amount which has been deterred under ORS 757.259 or 759.200 and which is designed to eliminate, over time, the balance in an authorized deferred account. Amortization does not include the normal positive and negative fluctuations in a balancing account; (b) "Deferred Accounting" means recording the following in a balance sheet account, with Commission authorization for later reflection in rates: (A) Electric companies, gas utilities, and steam heat utilities: a current expense or revenue associated with current service, as allowed by ORS 757.259; or (B) Large telecommunications utilities: an amount allowed by ORS 759.200. (2) Expiration: Any authorization to use a deferred account shall expire~ 12 months from the date the deferral is authorized to begin. If a deferral under ORS 757.259 or 759.200 is reauthorized, the reauthorization shall expire~ 12 months from the date the reauthorization becomes effective. (3) Contents of Application: An application for deferred accounting, by an energy or large telecommunications utility or a customer, shallmust include: (a) A description of the utility expense or revenue for which deferred accounting is requested; (b) The reason(s) deterred accounting is being requested and a reference to the section(s) of ORS 757.259 or 759.200 under which deferral may be authorized; ( c) The account proposed for recording of the amounts to be deterred and the account which would be used for recording the amounts in the absence of approval of deterred accounting; (d) An estimate of the amounts to be recorded in the deferred account for the 12-month period subsequent to the application; and ( e) A copy of the notice of application for deferred accounting and list of persons served with the notice. ( 4) Reauthorization: An application for reauthorization to use a deferred account shallmust be made not more than 60 days prior to the expiration of the previous authorization for the deferral. An application for reauthorization shallmust include the requirements set forth in subsections (3)(a) through (3)(e) of this rule and, ill addition, the following information: (a) A description and explanation of the entries in the deterred account to the date of the application for reauthorization; and (b) The reason(s) for continuation of deferred accounting. (5) Exceptions: Authorization under ORS 757.259 or 759.200 to use a deferred account is necessary only to add amounts to an account, not to retain an existing account balance and not to amortize amounts which have been entered in an account under an authorization by the Commission. Interest, once authorized to accrue on unamortized balances in an account, may be added to the account without further authorization by the Commission, even though authorization to add other amounts to an account has expired. Appendix A Page 38 of74 ··'l .. .,' ORDER NO. :i /,.i, :£1\. ·, (6) Notice of Application: The applicant slttttlmust serve a notice of application upon all persons who were parties in the energy or large telecommunications utility's last general rate case. If the applicant is other than an energy or large telecommunications utility, the applicant slttttlmust serve a copy of the application upon the affected utility. A notice of application slttttlmust include: (a) A statement that the applicant has applied to the Commission for authorization to use deferred accounting; or for an order requiring that deferred accounting be used by an energy or large telecommunications utility; (b) A description of the utility expense or revenue for which deferred accounting is requested; ( c) The manner in which an interested person can obtain a copy of the application; (d) A statement that any person may submit to the Commission written comment on the application by the date set forth in the notice, which date may be no sooner than 25 days from the date of the application; and (e) A statement that the granting of the application will not authorize a change in rates, but will permit the Commission to consider allowing such deferred amounts in rates in a subsequent proceeding. (7) Public Meetings: Unless otherwise ordered by the Commission, applications for use of deferred accounting will be considered at the Commission's public meetings. (8) Reply Comments: Within ten days efafter the due date for comments en-the applieation from interested pel'sons, the applicant, and the energy or large telecommunications utility if the utility is not the applicant, may file reply comments with the Commission, and shall sen'e those eomments on persons whe have filed the initial eommeuts 011 the applieatie11. Filing dates for reply comments are calculated and enforced per OAR 860-001-0150. (9) Amortization: Amortization in rates of a deferred amount shall~ 6llly fie-allowed ifHt preeeedi11gonly as authorized by the Commission, whether initiated by the eaergy or large teleeommunieations ntility er another party. The Commission may authorize amortization of such amounts only for utility expenses or revenues for which the Commission previously has authorized deferred accounting. Upon request for amortization of a deferred account, the energy or large telecommunications utility slttttlmust provide the Commission with its financial results for a 12-month period or for multiple 12-month periods to allow the Commission to perform an earnings review. The period selected for the earnings review will encompass all or part of the period during which the deferral took place or must be reasonably representative of the deferral period. Unless authorized by the Commission to do otherwise: (a) An energy utility shallmay request that amortizations of deferred accounts commence no later than one year from the date that deferrals cease for that particular account; and (b) In the case of ongoing balancing accounts, the energy utility sh-allmay request amortization at least annually, unless amortization of the balancing account is then in effect; or (c) A large telecommunications utility sltttllmay request amortization of deferred accounts as soon as practical after the deferrals cease but no later than in its next rate proceeding. Appendix A Page 39 of74 ORDER NO. /"~ ~ ;h '' l' ii. f11. (10) An electric company customer may prepay under ORS 757.259(11) all or a portion of its obligation of deferred power supply expense. The obligation must be calculated as the customer's pro rata share of the utility's total energy usage within the state of Oregon during 2001, multiplied by the unrecovered deferral balance at the time of prepayment When such customer has prepaid its obligation in full, the customer may no longer be charged the power supply adjustment related to the deferral. Stat. Auth.: ORS 183, 756, 757 & 759 Stats. Implemented: ORS 756.040, 756.105, 757.259 & 759.200 Hist.: PUC 11-1988, f. & cert. ef. 6-9-88 (Order No. 88-597); PUC 2-1990, f. & cert. ef. 3-2- 90 (Order No. 90-235); PUC 12-1997, f. & cert. ef. 10-30-97; PUC 4-1998, f. & cert. ef. 2- 24-98; PUC 16-2001, f. & cert. ef. 6-21-01; PUC 6-2004(Temp), f. & cert. ef. 3-24-04 thru 9- 20-04; PUC 14-2004, f. & cert. ef. 9-7-04; PUC 7-2005, f. & cert. ef. 11-30-05 Appendix A Page40 of74 ORDER NO. ./' /,l :1 h;. 860-028-0070 Resolution of Disputes for Proposed New or Amended Contractual Provisions (1) This rule applies to a complaint alleging a violation of ORS 757.273, 757.276, 757.279, 757.282, 759.655, 759.660, or 759.665. I• ··-~ /~ ~;'• ,,\ (2) In addition to the generally applicable hearingfiling and contested case procedures contained in OAR chapter 860, division 001, the procedures set forth in this rule shaU apply to a complaint that an existing or proposed contract is unjust and unreasonable. (3) The party filing a complaint under this rule is the "complainant." The other party to the contract, against whom the complaint is filed, is the "respondent." ( 4) Before a complaint is filed with the Commission, one party must request, in writing, negotiations for a new or amended attachment agreement from the other party. (5) Ninety (90) calendar days after one party receives a request for negotiation from another party, either party may file with the Commission for a proceeding under ORS 757.279 or 759.660. (6) The complaint must contain each of the following: (a) Proof that a request for negotiation was received at least 90 calendar days earlier. The complainant must specify the attempts at negotiation or other methods of dispute resolution undertaken since the date of receipt of the request and indicate that the parties have been unable to resolve the dispute. (b) A statement of the specific attachment rates, terms and conditions that are claimed to be unjust or unreasonable. (c) A description of the complainant's position on the unresolved provisions. (d) A proposed agreement addressing all issues, including those on which the parties have reached agreement and those that are in dispute. (e) All information available as of the date the complaint is filed with the Commission that the complainant relied upon to support its claims: (A) In cases in which the Commission's review of a rate is required, the complaint must provide all data and information in support of its allegations, in accordance with the administrative rules set forth to evaluate the disputed rental rate. (B) If the licensee is the party submitting the complaint, the licensee must request the data and information required by this rule from the owner. The owner must supply the licensee the information required in this rule, as applicable, within 30 calendar days of the receipt of the request. The licensee must submit this information with its complaint. (C) If the owner does not provide the data and information required by this rule after a request by the licensee, the licensee must include a statement indicating the steps taken to obtain the information from the owner, including the dates of all requests. (D) No complaint by a licensee will be dismissed because the owner has failed to provide the applicable data and information required under paragraph ( 6)( e )(B) of this rule. (7) The Commission will serve a copy of the complaint upon the respondent. Service may be made by electronic mail if the Commission verifies the respondent's electronic mail address prior to service of the complaint and a delivery receipt is maintained in the official file.~Within 30 calendar days ofreeeiving a eopyservice of the complaint, the respondent must file its response with the Commission, addressing in detail each claim raised in the complaint and a description of the respondent's position on the unresolved provisions. Appendix A Page 41 of74 ORDER NO. i ,I .:>, :. .. :;) ' ..•. , (8) If the Commission determines after a hearing that a rate, term or condition that is the subject of the complaint is not just, fair, and reasonable, it may reject the proposed rate, term or condition and may prescribe a just and reasonable rate, term or condition. Stat. Auth.: ORS 183, 756, 757 & 759 Stats. Implemented: ORS 756.040, 757.035, 757.270 -290, 759.045 & 759.650 -675 Hist.: PUC 3-2007, f. & cert. ef. 4-16-07 Appendix A Page 42 of74 ORDER NO. 860-029-0100 Resolution of Disputes for Proposed Negotiated Power Purchase Agreements (1) This rule applies to a complaint, filed pursuant to ORS 756.500, regarding the negotiation of a Qualifying Facility power purchase agreement for facilities with a capacity greater than 10 MWs. These provisions supplement the generally applicable~ and contested case procedures contained in OAR chapter 860, division 001. (2) Before a complaint is filed with the Commission, the Qualifying Facility must have followed the procedures set forth in the applicable public utility's tariff regarding negotiated power purchase agreements. (3) At any time after sifly60 calendar days from the date a Qualifying Facility has provided written comments to the public utility regarding the public utility's draft power purchase agreement, the Qualifying Facility may file a complaint with the Commission asking for adjudication of any unresolved terms and condi1ions of its proposed agreement with the public utility. ( 4) A Qualifying Facility filing a complaint under this rule is the "complainant." The public utility against whom the complaint is filed is the "respondent." (5) The complaint must contain each of the following, as described by the complainant: (a) A statement that the Qualifying Facility provided written comments to the utility on the draft power purchase agreement at least 60 calendar days before the filing of the complaint. (b) A statement of the attempts at negotiation or other methods of informal dispute resolution undertaken by the negotiating parties. (c) A statement of the specific unresolved terms and condition~. ( d) A description of each party's position on the unresolved provisions. ( e) A proposed agreement encompassing all matters, including those on which the parties have reached agreement and those that are in dispute. (6) Along with the complaint, the Qualifying Facility must submit written direct testimony that includes all information upon which the complainant bases its claims. (7) The Commission will serve a copy of the complaint upon the respondent. Service may be made by electronic mail if the Commission verifies the respondent's electronic mail address to service of the complaint and a delivery receipt is maintained in the official file._Within 10 calendar days of service of the complaint, the respondent must file its response with the Commission, addressing in detail each claim raised in the complaint and a description of the respondent's position on the unresolved provisions. The respondent may also identify and present any additional issues for which the respondent seeks resolution. (8) Along with its response the respondent must submit written direct testimony that includes all information upon which the respondent relies to support its position. (9) An assigned Administrative Law Judge (ALJ) will conduct a conference with the parties to identify disputed issues, to establish a procedural schedule and to adopt procedures for the complaint proceeding. To accommodate the need for flexibility and to implement the intent of this streamlined complaint process, the ALJ retains the discretion to adopt appropriate procedures provided such procedures are fair, treat the parties equitably, and substantially comply with this rule. Such procedures may include, but are not limited to, hosting a technical workshop, holding a hearing, or submitting written comments. Appendix A Page 43 of74 ORDER NO. (10) Only the counterparties to the agreement will have full party status. The ALI may confer with members of the Commission Staff for technical assistance. ( 11) After the hearing, or other procedures set forth in section (9), if the Commission determines that a term or provision of the proposed agreement is not just, fair, and reasonable, it may reject the proposed term or provision and may prescribe a just and reasonable term or provision. The Commission's review is limited to the open issues identified in the complaint and in the response. (12) Within 15 business days after the Commission issues its final order, the public utility must prepare a final version of the power purchase agreement complying with the Commission decision and serve it upon the Qualifying Facility. Within 10 days of service of the final power purchase agreement, the Qualifying Facility and the public utility may sign and file the agreement with the Commission, may request clarification whether the agreement terms comply with the Commission order, or may apply for rehearing or reconsideration of the order. The terms and conditions in the power purchase agreement will not be final and binding unlil the agreement is executed by both parties. (13) The provisions of any power purchase agreement approved pursuant to this rule apply only to the parties to the agreement and are not to be considered as precedent for any other power purchase agreement negotiation or adjudication. Stat. Auth.: ORS 183 & 756 Stats. Implemented: ORS 756.040 & 756.500 -756.575 PUC 3-2008, f. &cert. ef. 7-8-08 Appendix A Page 44 of74 ORDER NO. )~ -•I '' "1 . ' i ·'·_',·... :~ n /~! .. 860-032-0002 Notice and Procedures for a Proceeding Initiated Under Division 032 (1) All notices initiating a proceeding under this Division, including, but not limited to, applications, petitions, complaints, and other pleadings, shallmust be served on all telecommunications providers and all persons on the Commission's ~ ...... "lrfDUD:~atioeo1ts~ application mailing list. Any person wishing to be included on the list shallmust submit hisl or her name, electronic mail address, and mailing address to the Commission's Administrative Hearings Division. A. person need not comply with the requirement of providing an eleetronie mail address upon the filing with the Commission a written statement af inability ta abtain such an address. (2) Except as otherwise provided, every proceeding under this Division shallwill follow 'the procedures in ORS 7 56.500 et seq. and the Commission's rules of procedure. (3) Any person submitting information under the Commission's rules may request that the -jnformation be held in confidence pursuant to the public records law, ORS 192.500. Stat. Auth.: ORS 183, 756 & 759 Stats. Implemented: ORS 756.040, 759.020 & 759.025 Hist.: PUC 27-1985(Temp), f. & ef. 12-19-85 (Order No. 85-1203); PUC 16-1986, f. & ef. 11-17-86 (Order No. 86-1159); PUC 1-1990, f. & cert ef. 2-6-90 (Order No. 90-96); PUC 10-1998, f. & cert. ef. 4-28-98; PUC 8-1999, f. & cert. ef. 10-18-99; PUC 4-2000, f. & cert. ef. 2-9-00; PUC 9-2001, f. & cert. ef. 3-21-01; PUC 4-2003, f. & cert. ef. 3-11-03 860-032-0005 Application for New or Amended Certificate of Authority, or to Transfer Authority (1) Na-A person shallmay not provide intrastate telecommunicalions service on a for-hire basis, or transfer a certificate of authority to provide such service, except as authorized by the Commission. (2) Any person intending to provide intrastate telecommunications service in Oregon, or to transfer a certificate of authority to provide such service, shallmust file an application, on a form prescribed by the Commission. A copy of the applicable application form is available on the Commission's website. (3) The applieant(s) shall also submit a eapy of ((he application and any subsequent amendments must be filed electronically as set forth in OAR 860-001-0140 and 860-001- 0170in eleetronie format compatible with Adobe Acrobat Reader or Rich Text Fo1·mat. The electronie eopy may be an unsigned version of the applieation. An applicant need not eemply with this requirement upon the filing with the Commission a written statemeBt of inability te file an eleetl'onie eopy. (4) Applicant(s) must complete all applicable parts of the application. !fan application, in any material respect, is incomplete, inaccurate, false, or misleading, the Commission shftllmay reject the application. (5) An application for a new or amended certificate shallmust contain: (a) A request for classification as a telecommunications utility or competitive provider; (b) The name, mailing address, telephone number, and elec•onic mail address of the applicant; Appendix A Page 45 of74 /' ,; r ORDER NO. 11 i,_, /' -.. ,'!'!~· -·: .... ; ( c) A description of the service the applicant seeks to provide, including designation of such service as local exchange, shared, or interexchange service, and a designation of such service as switched or non-switched service, and a description of how applicant will provide such service; (d) A description of the territory where the service is to be offered. An application to provide local exchange service shallmust include a description and map of the local exchange service boundaries or a list of the local exchanges to be served; (e) The names of affiliated interests of the applicant, as defined in OAR 860-032-0001, which are certified to provide or are actually providing telecommunications service in Oregon; (f) A list of each certificate of authority to provide service in Oregon, which was granted to applicant or to an affiliated interest, whether such certificate is in effect or canceled; and (g) In addilion to the requirements of subsections (5)(a) through (f) of this rule, an application to provide shared service shaDmust: (A) Describe the user group to whom service will be provided; (B) List the street address of the building(s) where service will be provided; and (C) If service will be provided to a user group located in two or more buildings, the application shallmust include a clear, precise, legible map, of the area to be served. (6) An application to 1ransfer a certificate of authority sltttllmust contain: (a) The names, mailing addresses, telephone numbers, and elec1ronic mail addresses of the transferor and transferee; (b) A description of the telecommunications services and service area for which authority is to be transfened; and ( c) The names of affiliated interests of the transferee, as defined in 0 AR 860-032-0001, which are certified to provide or are actually providing telecommunications service in Oregon. (7) For all applications: (a) The Commission shallwill serve notice of the application as provided in OAR 860- 032-0002(1). (b) Within 20 days of the date of service of the notice, any person may file a protest to an application. The protest shallmust set forth the grounds for the protest and be filed in accordance with requirements of OAR 860-001-0140 and 860-001-0170. The protestant(s) shall also submit a eopy of th.e fffetest iH eleetronie format eomf1atible with Adobe Aerobat Reader or Rieh Text Format. The eleetronie eopy may be an unsigned ve1·sion of the protest. } .. protestant need not comply with this Fequirement upon the filing with the Commission a written statement of inability to Itle an eleetronie ~ (c) The Commission may require a person filing a protest to show that it is affected by the application or that its appearance and participation will not unreasonably broaden the issues or burden the record. Failure of the teleconununications utility or cooperative to protest an application to provide local exchange service, other than shared service, shall!§. not be-considered consent to the application. Appendix A Page 46 of74 ORDER NO. ( d) Any protestant shallwill be made a party to the application proceeding. Other persons may be made a party upon formal request to the Commission and serving eopies of the reqoest to the applieant(s) iH aeeordaeee witl1 Q,A~R 860 091 9180. ~ ' . ' ·" . ·. (e) The applicant shall serve othe1· parties with eopies of amendments and additional informatiee submitted during the applieation proeess. If an applicant intends to broaden the authority requested during the application process, it shallmust file a new application pursuant to sections (2) through (6) of this rule. However, an applicant may narrow its request by ~ its amendment oe eaeh partywith the Filing Center. (f) The Commission may grant or deny an application without hearing, unless a hearing is required by ORS 759.020(4). (g) If the Commission processes the application without a hearing, the Commission staff may issue t,o the parties a proposed order that grants or denies the application. Within 1§60 days of service of any proposed order, any party may file exceptions or request a hearing. Exceptions slttttlmust be filed with the Filing CenterAdministrative Hearings Division, Cemmission staff, and all parties. Within 10 days of servieefiling of any exceptions, Commission staff and any party may file a reply. In its reply, Commission staff may modify its proposed order in response to the exceptions filed. Filing dates for exceptions and replies are calculated and enforced per OAR 860-001-0150. (h) A party to the application proceeding may request rehearing or reconsideralion of the order, which grants or denies the application, pursuant to ORS 756.561 and OAR 860-001- 0720. (8) For applicants who request classification as a telecommunications utility, all services proposed to be offered by the applicant shallmust be deemed essential services. However, applicant may accompany the application with a petition to exempt some services pursuant to OAR 860-032-0025 or to price-list some or all services pursuant to OAR 860-032-0035. (9) The Commission shall review§. applications for interexchange service or shared service pursuant to ORS 759.020. Applications for local exchange service, other than shared service, shallwill be reviewed pursuant to ORS 759.020 and 759.050. ( 10) For applications for local exchange service, other than shared service, the following apply in addition to provisions of sections (7) through (9) of this rule: (a) The Commission may apply the public interest criteria from ORS 759.050(2), or the Commission may determine pursuant to ORS 759.020(3) that the affected telecommunications utility is unable to provide service; and (b) Failure by the telecommunications utility to provide reasonable and adequate local exchange service shall constitute§. inability to provide service. ( 11) Applications to transfer authority to provide telecommunications service are subject to sections (1) through (4) and (6) through (10) of this rule. With Commission approval, a telecommunications provider may transfer a certificate of authority subject to the following requirements: (a) The transferor may transfer some or all ofits authority; (b) Transferee shall beis liable for all foes incurred and reports due by the transferor as of the date the transfer is approved; and ( c) All relevant conditions and restrictions which attend the authority held by the transferor will apply to the certificate held by the transferee. Appendix A Page 47 of74 ORDER NO. ( d) When the application is granted the transforor will no longer be authorized to provide the telecommunications services that are transforred. Stat. Auth.: ORS 183, 756 & 759 Stats. Implemented: ORS 756.040, 759.020, 759.025, 759.036, 759.050, 759.225 & 759.690 Hist.: PUC 27-1985(Temp), f. & ef. 12-19-85 (Order No. 85-1203); PUC 16-1986, £ & ef. 11-17-86 (Order No. 86-1159); PUC 10-1989(Temp), f. & cert. ef. 7-10-89 (Order No. 89- 847); PUC 1-1990, f. & cert. ef. 2-6-90 (Order No. 90-96); PUC 23-1990, f. & cert. ef. 12- 31-90 (Order No. 90-1918); PUC 9-1991, f. & cert. ef. 7-16-9i (Order No. 91-854); PUC 2- 1998, f. & cert. ef. 2-24-98; PUC 10-1998, f. & cert. ef. 4-28-98; PUC 3-1999, f. & cert. ef. 8-10-99; PUC 4-2000, f. & cert. ef. 2-9-00; PUC 26-2001, f. & cert. ef. 11-5-01; PUC 4- 2003, f. & cert. ef. 3-11-03 Appendix A Page 48 of74 860-033-0006 Monthly RSPF Surcharge: General Provisions, Remittance Reports and Payment (1) The surcharge rate and the balance in the RSPF are reviewed annually by the Commission each October. The Commission may adjust the amount of the surcharge to ensure the fund has adequate resources but does not exceed six months of projected expenses. A rate adjustment ordered by the Commission following the annual review becomes effective January 1 of the year following the review. (2) The surcharge imposed by 1987 Oregon Laws Chapter 290, Section (7)(1) does not apply to entities upon which the state is prohjbited from imposing the surcharge by the Constitution or laws of the United States or the Constitution or laws of the State of Oregon including, but not limited to: (a) Counties and political subdivisions. (b) Federal, state and municipal govermnent bodies or public corporations. For purposes of this rule, "public corporation" means a corporation formed by a state or local govermnent authority for the public's benefit or for a public purpose. A regional housing authority qualifies as a public corporation. (c) Federally chartered corporations specifically exempt from state excise taxes by federal law. ( d) Federally recognized Native"American Tribes, and tribal members who live within federally recognized Indian coun11ry and are enrolled members of the tribe with sovereignty over that Indian country. (e) Foreign govermnent offices and representatives that are exempt from state taxation by treaty provisions. (f) Interconnection between telecommunications utilities, telecommunications cooperatives, competitive telecommunications services providers certified under ORS 759.020, radio common carriers and interexchange carriers. (g) Any other agency, organization or person claiming an exemption is required to identify the authority for its claim to a provider. If a telecommunications provider is unable to determine the status of a subscriber the Commission will determine whether the subscriber is exempt. (3) Collection of RSPF Surcharge. (a) Each telecommunications provider must collect the RSPF surcharge by charging the specified amount to each retail subscriber with access to the telecommunications relay service, including OT AP eligible subscribers. The RSPF surcharge is applied on a telecommunications circuit designated for a particular subscriber. (A) One subscriber line is counted for each circuit that is capable of generating usage on the line side of the switched network regardless of the quantity of customer premises equipment connected to each circuit. · (B) For providers of central office based services, the surcharge is applied to each line that has unrestricted conneclion to the telecommunications relay service. For central office based service lines that have restricted access to the OTRS, the surcharge is charged based on software design. (b) Each cellular, wireless, or other radio common carrier must collect the RSPF surcharge by charging the specified amount to each retail subscriber with access to the Appendix A Page 49 of74 telecommunications relay service, including OT AP eligible subscribers. The surcharge is applied on a per-instrument basis. ( c) Each telecommunications provider and each cellular, wireless, or other radio common carrier must identify the surcharge on each retail customer's bill as a separate line item named "RSPF Surcharge." (4) A telecommunications provider or a cellular, wireless, or other radio common carrier may remit surcharges due to the Commission by electronic transfer, mail or in person. (5) The Remittance Report and surcharges are due to the Commission on or before the 21st calendar day after the close of each month and must be received in the Commission's offices no later than 5 p.m. Pacific Standard Time on the due date. A surcharge remittance or Remittance Report postmarked on the due date does not meet the requirements of this section and will not be considered as timely submitted. (6) Each telecommunications provider and each cellular, wireless, or other radio common carrier must submit the Remittance Report and surcharge with no exceptions. If no surcharge is collected, the telecommunications provider or the cellular, wireless, or other radio common carrier must still submit its monthly Remittance Report specified in section (5) of this rule. (7) For each billing period that a telecommunications provider or a cellular, wireless, or other radio common carrier fails to submit the surcharge fees in full on or before the due date required by these rules, the telecommunications provider or the cellular, wireless, or other radio common carrier must pay a late payment fee in accordance with OAR 860-001-0050. (8) If the telecommunications provider or the cellular, wireless, or other radio common carrier fails to remit the surcharge in full on or before the due date, the telecommunications provider or the cellular, wireless, or other radio common carrier must pay interest in accordance with OAR 860-001-0050. (9) If a telecommunications provider or a cellular, wireless, or other radio common carrier fails to file a Remittance Report as required by these rules, the telecommunications provider or the cellular, wireless, or other radio common carrier must pay a late report fee in accordance with OAR 860-001-0050. (10) If the amount shown due on a Remittance Report is not paid by the due date, the Commission may issue a proposed assessment to set the sum due. The Commission may waive the late report foe, the late payment fees and the interest on the unpaid surcharge fees, or any combination thereof, ifthe telecommunications provider or the cellular, wireless, or other radio common carrier fi Jes a written waiver request and provides evidence showing that the telecommunications provider or the cellular, wireless, or other radio common carrier submitted the Remittance Report and surcharge fees late due to circumstances beyond its control. The request must be filed in accordance with OAR 860-001-0140 and 860-001- 0170. (11) The telecommunications provider or the cellular, wireless, or other radio common carrier must pay a foe in accordance with OAR 860-001-0050 for each payment returned for non-sufficient funds. (12) The telecommunications provider or the cellular, wireless, or other radio common carrier is responsible for and must pay all costs incurred by the Commission to collect a past­ due RSPF surcharge from the telecommunications provider or the cellular, wireless, or other radio common carrier. Appendix A Page 50 of74 ORDER NO. . 1,.-, ... :I :· ,n. (13) Remittance Report Records: A telecommunications provider and a cellular, wireless, or other radio common carrier must keep all records supporting each Remittance Report for three years, or if a Commission review or audit is pending, until the review or audit is complete, whichever is later. (14) In addition to any other penalty, obligation, or remedy provided by law, the Commission may suspend or cancel the telecommunications provider's certificate of authority to provide telecommunications service in Oregon for its failure to file its Remittance Report or its failure to remit the surcharge in full. (15) Except as otherwise provided by law, if after an audit or review the Commission determines that the telecommunications provider or the cellular, wireless, or other radio common carrier has remitted an excessive amount, the Commission will provide the telecommunications provider or the cellular, wireless, or other radio common carrier a credit in that amount against sums subsequently due from that telecommunications provider or that " cellular, wireless, or other radio common carrier. (16) A telecommunications provider or a cellular, wireless, or other radio common carrier must submit any revisions to a Remittance Report no later than three years from the due date of the Remittance Report. If the Commission concludes that a telecommunications provider or cellular, wireless, or other common carrier remitted an excessive amount and that refunding the excess would have a material and adverse financial impact on the RSPF, the Commission may enter into an agreement with the telecommunications provider or the cellular, wireless, or other radio common carrier to spread payments of the refunds over a period not to exceed three years. (17) The RSPF Surcharge Exception Form is due annually by March 15. A telecommunica lions provider or a cellular, wireless, or other radio common carrier that qualifies for the exception must electronically submit the completed form (in-pel'S&fr, eleetronieally, or by mail) so that it is received in the Commission's offices no later than 5 p.m. Pacific Standard Time on March 15. (18) In computing any period of time prescribed or allowed by these rules, the first day of the act or event is not included. The last day of the period is included, unless the last day is a Saturday or legal holiday; then the period runs until the end of the next day that is not a Saturday or a legal holiday. Legal holidays are those identified in ORS 187.010 and 187.020. Stat. Auth.: ORS 183, 756, 759 & 1987 OL Ch. 290 Stats. Implemented: ORS 756.040, 759.036 & 1987 OL Ch. 290 Hist.: PUC 19-2003, f. & cert. ef. 11-14-03; PUC 16-2004, f. & cert. ef. 12-1-04; PUC 18- 2004, f. & cert. ef. 12-30-04; PUC 12-2009, f. & cert. ef. 11-13-09; PUC 1-2010, f. & cert. ef. 5-18-10; PUC 9-2011, f. & cert. ef. 10-4-11; PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13; PUC 7-2013, f. & cert. ef. 12-20-13 Appendix A Page 51 of74 ORDER NO. /1 '" ., .l .'f:, ·~-... /~"h ,: .. > ·.,_: 860-034-0060 Dispute Resolution ( 1) When a dispute occurs between a customer or applicant and a small telecommunications utility about any biU,-charge, or service, the utility shallmust: ilU tThoroughly investigate the matter,;. (hl ~fromptly report the results of its investigation to the eustomeF 0r applieant.complainant; (c) Inform the complainant of the right to have a small telecommunications utility supervisor review any dispute; @ Eaeh small teleeommunieatians atility shaJI pfrepare a written record of the dispute slwwincluding the name and address of the eustomer or applieantcomplainant involved, the date the complaint was received, the issues in and eha:raeteF of the dispute, and the disposition of the matter.; and W The small telecommonieations utility shall rRetain records of the dispute for at least 36 months after the investigation is closedpuFStuUlt to OAR 860 034 0580. (2) The small telecommunieatitms utility shall inform the eustomcF oF applicant of the right to supeFVisory review of any dispute, ineluding but not limited to, establishment of eredit and termination of serviee.If the utility and complainant cannot resolve thea dispute is not resolved, the small telecommunications utility shaUmust netifyinform the oostomer or applicantcomplainant of the right to contact the Consumer Services Section and request assistance in resolving the dispute. The small telecommunications utility must provide the following contact information for the Consumer Services Section:. (a) Telephone: 503-378-6600; 1-800-522-2404; TTY 711; (b) Mailing address: Public Utility Commission of Oregon, Consumer Services Section, PO Box 1088, Salem, Oregon 97308; (c) Physical address: Public Utility Commission of Oregon, 3930 Fairview Industrial Drive SE, Salem, Oregon 97202; (d) Electronic mail address: puc.consumer@state.or.us; and (e)Website: http://puc.state.or.us/consumer/customer%20complaint%20process.pdf--ef-the Commission's dispute l'esolutian proeedul'e and its toll free telephone m1mber. (3) ,A ... customer or applietrnt may request the Commissfou 's assistanee iH resolving the dispute by eontaeting .the Commission's Consumer Serviees Divisien. The -Cmnmission shall netify the small teleeommunieations utility upon receipt ef such a request.The Consumer Services Section will investigate any dispute upon request to determine whether it can be resolved as an informal complaint. (4) The Commissien's Consumer Serviees Division shall assist the eemplainant and the small telecommunications utility in an effort to :reaeh an informal resolution of the dispute. (§} If the Consumer Services Section cannot resolve the a registered disputel enonot be reselved informally, the Commission's Consume1· Services Division shall affi'ise the complainant mayof the right to file a formal written complaint with the Commission under Appendix A Page 52 of74 . t) ..... ,1 '''' •\ -~ ORDERNO. '\ ,:,, ~" , ... ORS 756.500. The formal complaint must be submitted on an approved form available from the Consumer Services Section. f!!l. The complaint shall state the faets of the dispute and the relief requested must be filed electronically with the Filing Center at PUC.FilingCenter@state.or.us. (b) If the comylainant does not have access to electronic mail, (A) The complaint may be mailed or delivered to the Filing Center at the address set out in OAR 860-001-0140; and (B) The complaint must include a request for waiver of electronic service and filing requirements. This request is included on the form available from the Commission's Consumer Services Division. (c) The Commission will serve the complaint on the small telecommunications utility. The Commission may electronically serve the small telecommunications utility with the complaint if the electronic mail address is verified prior to service of the complaint and the delivery receipt is maintained in the official file . .@L The small telecommunications utility shallmust answer the complaint within 15 days of service of the complaint by the Commission. fil The Commission will determine a procedural schedule after the small telecommunications utility's answer is filed. The small telecommunications utility must serve a copy of its answer on the complainant. matter shall then be set for expedited heariHg. A hearing may be held on less thaa ten days' aotiee when good eause is shown. (A) If the small telecommunications utility files a motion to dismiss, the complainant may file a response within 15 days of the motion. If the complainant responds, the comqlainant must file the response with the Filing Center and send a copy to the utility. The Commission may make a decision on the formal complaint based on the information in the complaint, the small telecommunications .utility's response and motion to dismiss, and the complainant's response to the utility's motion; or (B) The Commission may set a procedural schedule for the complaint proceedings, including, but not limited to, scheduling dates for receiving additional information from the parties, telephone conferences, or a hearing. A hearing may be held on less than 10 days' notice when good cause is shown. (6fil Upon filing a formal complaint, the complainant may request a hearing to determine whether the complainant is entitled to continued or restored service pending resolution of the complaint. Unless extraordinary circumstances exist, the Commission will conduct the hearing by telephone within 3 business days. Notice of the hearing will be provided to the complainant and the small telecommunications utility at least 12 hours before the date and time of the hearing. Pending resolution of the dispute, the complainant's obligation to pay undisputed amounts continues. (12) A eustomel' or applieaBtcomplainant who has a registered dispute or formal complaint pending with the Commission shall be!§. entitled to continued or restored service provided: (a) Service was not terminated for theft of servieetampering with utility propertyl stealing, diverting, or using unauthorized service or failure to establish credit; (b) A bona fide dispute exists in which the facts asserted by the customer 01· applicant entitle the eustomer or applieantcomplaiuant to service; Appendix A Page 53 of74 (c) When termination is based on nonpayment, the complainanteustomer or applieant makes adequate arrangement to avoid future loss to the small teleeomm11nieations utility, sueh as prepaying estimated menthly utilityagrees to pay undisputed charges; and (d) The complainanteustome:r or applieant diligently pursues conflict resolution under the Commission's rules. (18) If the conditions in section (2-1) of this rule are not satisfied, the small telecommunications utility has no obligation to provide continued service. A small telecommunications utility discontinuing service because of a failure to meet the conditions of subsections ('.7!!)(c) or (.f~)(d) of this rule shallmust give the customer five-day notice served in the same manner as provided by OAR 860-034-0260 except the notice need only describe the defoct in performance, the date and time after which utility service will terminate, and the toll-free number of the Commission's Consumer Services Division. lfl deeiding whethe:r the eonditiens aFe met, the small teleeommuuieations utility shall coHstdt with the Cemmission's OmsumeF Senriees Dh':ision. A etist0mer el' applicant who has filed a fol'mal complaint, the small telecommunications utility, OF the Commission's Const1:meF Services Di:1isien may ask the Commission foF a heariDg to deeide if the conditions are met. Unless extl'aordinary eircumstances exist, the hearing will be conducted by telepboue eonfet'ooee within tht'ee business days frem the date requested. Notice of hearing will be giYen *6 the customer, the small telecommunications utility, and the Cemmission's C1:msumer Seniees Division at least 12 hours before the date and time of the hearing. Notice is effective when given in persen, by telephone, or in writing delivered to the party's last known address. Mailed notice is effective two days after deposit in the U.8. mail, excluding Sundays and holidays. Stat. Auth.: ORS 183, 756 & 759 Stats. Implemented: ORS 756.040, 759.045 & 759.500 Hist.: PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185); PUC 12-1998, f. & cert. ef. 5- 7-98; PUC 8-1999, f. & cert. ef. 10-18-99; PUC 15-2001, f. & cert. ef. 6-21-01; PUC 11- 2003, f. & cert. ef. 7-3-03 Appendix A Page 54 of74 •' i ~ I ORDER NO. Utility Rates 860-034-0300 Tariffs of Small Telecommunications Utilities (1) Small telecommunications utilities not subject to ORS 759.175 must, upon the Commission's request, provide copies of any schedules showing rates, tolls, and charges, including all rules and regulations that in any manner affect the rates charged or to be charged for any service. (2) Small telecommunications utilities subject to ORS 7 59 .17 5 must file tariffs in accordance with the following provisions: (a) Form and style of tariffs: (A) All tariffs must be in: leose leaf form so ehanges ean be made by reprinting and inserting.a single leaf; (&)-Each small telecommunications utility must designate the initial tariff as PUC Oregon No. 1, and thereafter designate successive tariffs with the next number in consecutive numerical order. Supplemental information not otherwise provided by the tariff must be inserted in the most appropriate location and denoted by the previous sheet numbers plus a letter, for example, 3A, 3B, etc. Revisions to tariffs must be denoted by 1st Revised Sheet No. 3, 2nd Revised Sheet No. 3, etc.; (tfil The title page should be uniform. Rates, rules, and regulations must be written only on one side of a sheet. If a single sheet is insufficient, two or more pages should be used. Blank forms will be furnished upon request; (b) Size of tariffs and required: (A) Tariffs and supplements thereto must be prepared using a readable font that, when printed, will fit on an 8-1/2 x 11 inch page; and (B) Small telecommunications utilities must file with the Commission an original of each tariff, rate schedule, revision, or supplement. The utility must supplement the filing with an exaet eopy of the tariff in electronic form as required in OAR 860-001-0170. The advice letter accompanying the tariffs must bear the signature of the issuing officer or utility representative. The tariffs do not require a signature. (c) Tariffs must explicitly state the rates and charges for each class of service rendered, designating the area or district to which they apply; (d) The small telecommunications utility's rules and regulations that in any manner affect the rates charged or to be charged or that define the extent or character of the service to be given must be included with each tariff; (e) Changes in tariffs may be made by filing an entirely new tariff or by filing revised sheets which must refer to the tariffs on file. Additions to the tariff on file may be made by filing additional sheets; (f) Each small telecommunications utility filing tariffs or schedules changing existing tariffs or schedules must submit in the advice letter or other document the following information: (A) A statement plainly indicating the increase, decrease, or oth~r change thereby made in existing rates, charges, tolls, or rules and regulations; (B) A statement setting forth the number of customers affected by the proposed change and the resulting change in annual revenue; and Appendix A Page 55 of74 ORDER NO. (C) A detailed statement setting forth the reasons or grounds relied upon in support of the proposed change; (g) All tariff changes must be made applicable with service rendered on and after the effective tlate of the changes, unless the Commission by order provides otherwise. As used in this rule, "service rendered" means units of toll calls connected, basic service provided, or likewise as the context requires; (h) Small telecommunications utilities entering into special contracts with certain customers prescribing and providing rates, services, and practices not covered by or permitted in the general tariffs, schedules, and rules filed by such utilities are in legal effect tariffs anti are subject to supervision, regulation, and con1rol to the extent not exempted under ORS 759.040; and (i) All special agreements designating service to be furnished at rates other than those shown in tariffs now on file in the Commission's office are rate schedules. A true and certified copy must be filed pursuant to requirements of this Division. Stat. Auth.: ORS 183, 756 & 759 Stats. Implemented: ORS 756.040, 759.045 & 759.175 Hist.: PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185); PUC 12-1998, f. & cert. ef. 5- 7-98; PUC 3-1999, f. & cert. ef. 8-10-99; PUC 15-2001, f. & cert. ef. 6-21-01; PUC 18-2004, f. & cert. ef. 12-30-04 Appendix A Page 56 of74 ·1 ORDERNO. I i.\ 860-036-0025 Dispute Resolution ( 1) When a dispute occurs between a customer or applicant and a water utility about any bill,-charge, or service, the water utility shitllmust: il!}. tThoroughly invesligate the matter.s. !!tl and-ttrromptly repmi the results of its investigation to the eusfomer or appliealrtcomplainant; (c) Inform the complainant of the right to have a water utility supervisor review any dispute; .{fil_. The water utility shall p£repare a written record of the dispute showincluding the name and address of the eustomet' or applie1mtcomplainant involved, the date the complaint was received, the issues inand eharaeter of the dispute, and the disposition of the matter.; and (£} Th.e utility shall rRetain records of the dispute parsuant to OA:R 860 036 0760for at least 36 months after the investigation is closed. · (2) The water utility shall inform the eustomer or applieant of the right to a water utility supef!Visoey re>1iew of any dispute, inelading but not limited to, establishment of eFedit and termination of serviee. If the utility and complainant cannot resolve thea dispute is not resolved, the water utility shitllmust inform notify the customer or applieantcomplainant of the right to contact the Consumer Services Section and request assistance in resolving the dispute. The water utility must provide the following contact information for the Consumer Services Section:. (a) Telephone: 503-378-6600; 1-800-522-2404; TTY 711; (bl Mailing address: Public Utility Commission of Oregon, Consumer Services Section, PO Box 1088, Salem, Oregon 97308; (c) Physical address: Public Utility Commission of Oregon, 3930 Fairview Industrial Drive SE, Salem, Oregon 97202; (d) Electronic mail address: puc.consumer@state.or.us; and (e) Website: http://puc.state.or.us/consumer/customer%20complaint%20process.pdf--of-the Commission's dispute Fesolution proeedln'e and its toll free telephone number. (3) A: eustomer or applieant may request the Commission's assistanee in Fesolving the dispute by eentaeting the C0mmission's Censumer SeYViees at:The Consumer Services Section will investigate any dispute upon request to determine whether it can be resolved as an informal complaint. (a) 1 800 522 2404; TTY 711; (b) The Commission's mailing addFess: PUBLIC UTILITY COMMISSION OF OREGON, CONSUlWER SERVICES, PO BOX 2148, SALEI\'f OR 97308 2148; oF (e) The Commission's street add1·ess: Public Utility Commission of Oregon, 5SO Gapitol Street NE Sllite 215, Salem, OR 97301 2551. The Commission shall notify the water utility upon reeeipt of sueh a request. (4) The Commission's Consumer Services shall assist the eomplainant and the water utility in an effort to Feaeh an infoFmal resolution of the dispute. Appendix A Page 57 of74 /l . ;, ORDER NO. :\ /~, ~If the Consumer Services Section cannot resolve thea registered dispute cannot be resolved informally, the Commission's Consumer Serviees shall advise-the complainant may of the right to-file a formal written complaint with the Commission under ORS 756.500. The formal complaint must be submitted on an approved form available from the Consumer Services Section . .(fil_ The complaint shall state the facts of t11e dispute and the relief reques-tedmust be filed electronically with the Filing Center at PUC.FilingCenter@state.or.us. (b) If the complainant does not have access to electronic mail, (A) The complaint may be mailed, faxed, or delivered to the Filing Center at the address set out in OAR 860-001-0140; and (B) The complaint must include a request for waiver of electronic service and filing requirements. This request is included on the form available from the Commission's Consumer Services Section. (c) The Commission will serve the complaint on the water utility. The Commission may electronically serve the water utility with the complaint if the electronic mail address is verified prior to service of the complaint and the delivery receipt is maintained in the official file. (!!}_The water utility shallmust answer the complaint within 15 days of service of the complaint by the Commission. hl The Commission will determine a procedural schedule after the water utility's answer is filed. The water utility must serve a copy of its answer on the complainant. matter shall then be set for hearing. A hearing may be held on less than 10 days' notice \vhen good cause is shovm. (A) If the water utility files a motion to dismiss, the complainant may file a response within 15 days of the motion. If the complainant responds, the complainant must file the response with the Filing Center and send a copy to the utility. The Commission may make a decision on the formal complaint based on the information in the complaint, the utility's response and motion to dismiss, and the complainant's response to the utility's motion; or (B) The Commission may set a procedural schedule for the complaint proceedings, including, but not limited to, scheduling dates for receiving additional information from the parties, telephone conferences, or a hearing. A hearing may be held on less than 10 days' notice when good cause is shown. ~6) Upon filing a formal complaint, the complainant may request a hearing to determine whether the complainant is entitled to continued or restored service pending the resolution of the complaint. Unless extraordinary circumstances exist, the Commission will conduct the hearing by telephone within 3 business days. Notice of the hearing will be provided to the complainant and the water utility at least 12 hours before the date and time of the hearing. Pending resolution of the dispute, the complainant's obligation to pay undisputed amounts continues. (§.+) A eustomercomplainant who has a registered dispute or formal complaint pending with the Commission shall beis entitled to continued or restored service provided: (a) Service was not terminated for tampering with utility property, stealing, diverting, or using unauthorized service, theft of serviee or failure to establish credit; Appendix A Page 58 of74 (b) A bona fide dispute exists in which the facts asserted by the eustomer entitle the eustomer complainant to service; (c)When termination is based on nonpayment, the customer makes adequate aPrangement to twoid fature loss to the water utility, sueh as prepaying estimated monthly wateF utility agrees to pay undisputed charges; and ( d) The complainanteustomer or opplieant diligently pursues conflict resolution under the Commission's rules. (18) If the conditions in section(+§) of this rule are not satisfied, the water utility has no obligation to provide continued service. A water utility discontinuing service because of a failure to meet the conditions of subsections (+§.)(c) or (+&)(d) of this rule shallmust give the customer a five business-day disconnect notice. The notice shallmust be served in the same manner as provided by OAR 860-036-0245, except that it need only describe the defoct in performance, the date and time when water utility service will terminate and the toll-free number of the Commission's Consumer Services. In deeiding whether the eonditions are met, the water utility shall eonsult with the Commission's Consumer Serviees. The eustomeF who has filed a furmal eomplaint, the water utility, or the Commission's ConsumeF Serviees may ask the Commission for a hearing to deeide if the eonditions are met. Unless extraordinary eireumstanees exist, the hearing will be eondueted by telephone eonferenee within three business days from the date requested. Notiee of hearing will be given to the eustomer, the water utility, and the CommissifilH Consumer Serviees at least 12 lrnurs befure the date and time of the hearing. Notiee is effeetive when given in pMson, by telephone, or in writing delivered to the-party's last lrnown address. Mailed notiee is effeetive two days after deposit in the U.S. mail, exeluding Sundays and holidays. Stat. Auth.: ORS 183, 756, 757 Stats. Implemented: ORS 756.040, 756.500, 756.512 Hist.: PUC 13-1997, f. & cert. ef. 11-12-97; PUC 15-1998, f. & cert. ef 8-27-98; PUC 8- 1999, f. & cert. ef. 10-18-99; PUC 18-2003, f. & cert. ef. 10-6-03 Tariffs 860-036-0605 Tariff Specifications (1) This rule applies to rate-regulated water utilities. (2) Form, requirements, and style of tariffs: (a) A separate tariff must be filed for each service provided; (b) All tariffs, including rates and rules and regulations, must be typed, single sidetlprepared using a readable font that, when printed, will fit on 8-1/2 inch by 11 inch pages and_so that changes can be made by reprinting and inserting a single page. If a tariff cannot fit on one page, use additional pages. Blank forms will be furnished by the Commission upon request; ( c) Each water utility must designate the initial tariff as PUC Oregon No. 1, and designate successive tariffs with the next number in consecutive numerical order; Appendix A Page 59 of74 ORDER NO. ( d) Supplemental information not otherwise provided by the tariff must be inserted in the most appropriate location and denoted by the previous sheet numbers plus a letter, for example, 3A, 3B, etc. Revisions to tariffs must be denoted by 1st Revised Sheet No. 3, 2nd Revised Sheet No. 3, etc.; ( e) The tariffs must include a uniform title page and table of contents; (f) Tariffs and supplements must be prepared using a readable font that, when printed, will fit on an 8-112 x 11 inch page; and (g) Water utilities must file with the Commission an original of each tariff, rate schedule, revision, or supplement in electronic form as required by OAR 860-001-0170. The advice letter accompanying the tariffs must bear the signature of the issuing officer or water utility representative. Tariffs do not require a signature. Stat. Auth.: ORS 183, 756 & 757 Stats. Implemented: ORS 756.040 & 757.205 Hist.: PUC 13-1997, f. & cert. ef. 11-12-97; PUC 15-1998, f. & cert. ef. 8-27-98; PUC 8- 2002, f. & cert. ef. 2-26-02; PUC 18-2004, f. & cert. ef. 12-30-04; PUC 13-2011, f. 12-29-11, cert. ef. 1-1-12 Appendix A Page 60 of74 860-037-0025 Dispute Resolution ORDER NO. ''!',-,{ ,~, (1) When a dispute occurs between a customer or applicant and a wastewater utility about any bill,-charge, or service, the wastewater utility shallmust: ,(!} tThoroughly investigate the matter.i. ill ftftfl-vfromptly report the results of its investigation to the customer or applieantcomplainant; (c) Inform the complainant of the right to have a wastewater utility supervisor review any dispute; f!!)_. The wastewater utility shall pfrepare a written record of the dispute slwwincluding the name and address of the customer or applicantcomplainant involved, the date the complaint was received, the issues inand character of the dispute, and the disposition of the matter.; and {fil The utility shall rRetain records of the dispute pursuant to OAR 860 037 0605for at least 36 months after the investigation is closed. (2) The wastewater utility shall inform the eustomer or applicant of the right to a wastewater utility supervisory review of any dispute including, but not limited to, establishment of eredit and termination of wastewater sen1iee through diseonneetion of water service. If the utility and complainant cannot resolve thea dispute is not resolved, the wastewater utility shall notifymust inform the customer or appliea-nt of the Commission's dispute reselution procedure and its tell free telephone numbeP complainant of the right to contact the Consumer Services Section and request assistance in resolving the dispute. The wastewater utility must provide the following contact information for the Consumer Services Section:. (a) Telephone: 503-378-6600; 1-800-522-2404; TTY 711; {b) Mailing address: Public Utility Commission of Oregon, Consumer Services Section, PO Box 1088, Salem, Oregon 97308; {c) Physical address: Public Utility Commission of Oregon, 3930 Fairview Industrial Drive SE, Salem, Oregon 97202; {d) Electronic mail address: puc.consumer@state.or.us; and (e) Website: http://puc.state.or.us/consumer/customer%20complaint%20process.pdf. (3) The Consumer Services Section will investigate any dispute upon request to determine whether it can be resolved as an informal complaint. A eustemer or applieant may 1·equest the Commissien's assistance in resolving the dispute by eontacting the Commissien's Consumer Set'Yiees Section at: (a) 1 800 522 2404 or TTY 711; (b) The Commission's mailing addPess: Pubiie Utility Commissien of Or-egon, Consumer Serviees Section, PO Box 2148, Salem OR 97308 2148; or (e) The Commission's street address: Public Utility Commission of Oregon, 550 Capitol Street NE Suite 21, Salem OR 97301 2551. (d) The Commissian shall notify the wastewater utility upon reeeipt of such a request. Appendix A Page 61 of74 /f' ;·;, /;;. ',:'., ORDER NO. ( 4) The CommissiaH:' s Consumer 8erviees 8eetian shall assist the complainant and the wastewater utility in an effort to reaeh an informal resolution of the dispute. ~If the Consumer Services Section cannot resolve thea registered dispute etmnot be resolved informally, the Commission's Consumer Serviees Section shall advise the complainant may of the right to file a formal written complaint with the Commission under ORS 756.500. The formal complaint must be submitted on an approved form available from the Consumer Services Section. hl The complaint shall state the faets of the dispute and the relief requestedmust be filed electronically with the Filing Center@PUC.FilingCenter@state.or.us. (b) If the complainant does not have access to electronic mail, {A) The complaint may be mailed or delivered to the Filing Center at the address set out in OAR 860-001-0140; and. (B) The complaint must include a request for waiver of electronic service and filing requirements. This request is included on the form available from the Consumer Services Division. (c) The Commission will serve the complaint on the wastewater utility. The Commission may electronically serve the utility with the complaint if the electronic mail address is verified prior to service of the complaint and the delivery receipt is maintained in the official file. {!!)_The wastewater utility shallmust answer the complaint within 15 days of service of the complaint by the Commission. ftl. The Commission will determine a procedural schedule after the wastewater utility's answer is filed. The wastewater utility must serve a copy of its answer on the complainant. matte=r shall then be set fur hearing. A hearing may be held on less than 1-0 days' notiee when good eause is shown. (A) If the wastewater utility files a motion to dismiss, the complainant may file a response within 15 days of the motion. If the complainant responds, the complainant must file the response with the Filing Center and send a copy to the utility. The Commission may make a decision the formal complaint based on the information in the complaint, the utility;s response and motion to dismiss, and the complainant's response to the utility's motion; or (B) The Commission may set a procedural schedule for the complaint proceedings, including, but not limited to, scheduling dates for receiving additional information from the parties, telephone conferences, or a hearing. A hearing may be held on less than 10 days' notice when good cause is shown. ~a) Upon filing a formal complaint, the complainant may request a hearing to determine whether the complainant is entitled to continued or restored service pending the resolution of the complaint. Unless extraordinary circ'umstances exist, the Commission will conduct the hearing by telephone within 3 business days. Notice of the hearing will be provided to the complainant and the wastewater utility at least 12 hours before the date and time of the hearing. Pending resolution of the dispute, the complainant's obligation to pay undisputed amounts continues. (fr+) A customercomplainant who has a registered dispute or formal complaint pending with the Commission shall be~ entitled to continued or restored service provided: Appendix A Page 62 of74 :·.' . ,--;· ORDER NO. ;~r\:. .. .. i;, .. ·.·.· (a) Service was not terminated for tampering with utility property, stealing, divertin~ or using unauthorized service, theft of serYiee or failure to establish credit; (b) A bona fide dispute exists in which the facts asserted by the eustomer entitle the eustomercomplainant to service; ( c) When termination of wastewater service is based on nonpayment, the customer makes adequate aJ.'-1-'angement to aveid future loss to the wastewater utility, sueh as prepaying estimated monthly wastewater utility serviee agrees to pay undisputed charges; and ( d) The complainanteustemer or applieant diligently pursues conflict resolution under the Commission's rules. (18) If the conditions in section(~+) of this rule are not satisfied, the wastewater utility has no obligation to provide continued service. A wastewater utility discontinuing water service because of a customer's failure to meet the conditions of subsections~+)( c) or (~+Xd) of this rule for wastewater utility service shallmust give the customer a five­ business day disconnect notice. The notice shallmust be served in the same manner as provided by OAR 860-037-0245, except that it need only describe the defect in performance, the date and time when water service will be disconnected in order to terminate wastewater service and the toll-free number of the Commission's Consumer Services Section. In deeiding whether the conditions a1·e met, the wastewater utility shall eonsult with the Commissients Censumer Services Section. The eustamer who has filed a furmal eomplaint, the wastewater utility, er the Cemmissien's Censumer Serviees Seetion may ask the Commissien for a hearing to deeide if the eenditions are met. Unless extraordinary eireumstanees exist, the hearing will be eoB:dueted by telephone eonferenee within three basiness days from the date l'equested. Netiee ef hearing will be giYeD: ta the eustemer, the wastewater utility, and the Commission's Consumer Serviees 8eetion at least 12 hours befure the date and time ef the heariBg. Notiee is effective when giYen in persen, by telephone, or in writing delivered te the-party's last knewn address. Mailed notiee is effeetiYe twe days after deposit in the U.S. mail, exeluding Sundays and holidays. Stat. Auth.: ORS 183, 756 & 757 Stats. Implemented: ORS 756.040, 756.500, 756.512, 757.005 & 757.061 Hist.: PUC 9-l 999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00; PUC 6-2000, f. 4-18- 00, cert. ef. 4-20-00; PUC 5-2004, f. & cert. ef. 1-29-04 860-037-0410 Tariff Specifications (I) Form and style of tariffs: (a) All tariffs must be in Ieose leaf form se that ehaagcs cau be made by reprinting and inserting a single leaf; (b) Each wastewater utility must designate the initial tariff as PUC Oregon No. 1, and designate successive tariffs with the next number in consecutive numerical order. Supplemental information not otherwise provided by the tariff must be inserted in the most Appendix A Page 63 of74 ORDER NO. .. 1 · ' ,I appropriate location and denoted by the previous sheet numbers plus a letter, for example, 3A, 3B, etc. Revisions to tariffs must be denoted by 1st Revised Sheet No. 3, 2nd Revised Sheet No. 3, etc.; (e,h) The title page should be uniform. Rates, rules, and regulations must be written only on one side of a sheet. If a single sheet is insufficient, two or more pages should be used. Blank forms will be furnished by the Commission upon request; and (ti.£) Separate tariffs must be filed for wastewater service or for any other service entered. (2) Size of tariffs and required: (a) Tariffs and supplements thereto must be prepared using a readable font that, when printed, will fit on an 8-1/2 x 11 inch page; and (b) Wastewater utilities must file with the Commission an original of each tariff, rate schedule, revision, or supplement in electronic form as required by OAR 860-001-0170. The advice letter accompanying the tariffs must bear the signature of the issuing officer or utility representative. The tariffs do not require a signature. Stat. Auth.: ORS 183, 756 & 757 Stats. Implemented: ORS 756.040, 757.005, 757.061 & 757.205 Hist.: PUC 9-1999(Temp), f. 10-22-99, cert. ef. 10-23-99 thru 4-19-00; PUC 6-2000, f. 4-18- 00, cert. ef. 4-20-00; PUC 5-2004, f. & cert. ef. 1-29-04; PUC 18-2004, f & cert. ef. 12-30- 04 Appendix A Page64 of74 ORDER NO. . I' I . I ( .;,'. ·',' 860-038-0400 Electricity Service Supplier Certification Requirements (1) An eleciricity service supplier (ESS) must be certified by the Commission to sell electricity services to consumers. (2) An ESS must be certified as either scheduling or nonscheduling as prescribed in OAR 860-038-0410. (3) The initial certification fee is $400. ( 4) The annual renewal fee is $200. (5) An ESS applicant must file an application that contains the following information: (a) Name of applicant, including owners, directors, partners, and officers, with a description of the work experience of key personnel in the sale, procurement, and billing of energy services or similar products; (b) Name, address, and phone number of the ESS applicant's regulatory contact; ( c) Proof of authorization to do business in the state of Oregon; ( d) Dun and Bradstreet number, if available; ( e) Confirmation that the applicant (including owners, directors, parmers, and officers) has not violated consumer protection laws or rules in the past three years; (f) Audited financial statements of the ESS applicant (and its guarantor, if applicable) and credit reports consisting of: (A) A balance sheet, income statement, and statement of cash flow for each of the three years preceding the filing and for the interim quarters between the end of the last audited year and the filing date; or (B) For an applicant that has been in operation for less than three years, the audited balance sheets, income statements, and statements of cash flow for each of the years the company was in opera lion and for the interim quarters between the end of the last audited year and the filing date; or (C) For an applicant that has been in operation for less than 12 months on the date the application is filed, such financial statements as are kept in the regular course of the applicant's business operations and pro-forma financial statements for a period of not less than 36 months. (D) If audited financial statements are unavailable, the applicant may submit unaudited financial statements for each of the three years preceding the filing and for the interim quarters between the end of the last unaudited year and the filing date. The applicant must also submit a statement explaining why audited statements are not available. (g) A showing of creditworthiness through documentation of tangible assets in excess of liabilities (i.e., tangible net worth) of at least $1,000,000 on its most recent balance sheet and demonstration of either its own invesiment grade credit rating pursuant to (A) or fulfillment of bond/guaranty requirements pursuant to (B): (A) Investment grade rating means a suitable rating on the long term, senior unsecured debt, or if this rating is unavailable, the corporate rating, of a major credit rating agency. (B) An applicant may use any of the financial instruments listed below, in an amount commensurate with the services and products it intends to offer, to satisfy the credit requirements established by this rule. (i) Cash or cash equivalent (i.e., cashier's check); Appendix A Page 65 of74 ORDER NO. ''.-/ . ,J .i,,• (ii) A letter of credit issued by a bank or other financial institution, irrevocable for a periodofatleast 18 months; (iii) A bond in a form acceptable to the Commission, irrevocable for a period of at least 18 months; or (iv) A guaranty in a form acceptable to the Commission issued by a principal of the applicant or a corporation holding controlling interest in the applicant, which is irrevocable for at least 18 months. To the extent the applicant relies on a guaranty, the applicant must provide financial evidence sufficient to demonstrate that the lender or guarantor possesses the cash or cash equivalent needed to fund the guaranty. (h) A showing of technical competence in energy procurement and delivery, information systems, billing & collection, and if subject to the requirements of section 16 of this rule, safety & engineering; (i) A showing thatjts financial and technical competence is consistent with the services and products it intends to off er, and the targeted customer class( es) and geographical areas; and (j) A statement as to whether the ESS is applying for certification as a scheduling or nonscheduling ESS and information documenting an ability to comply to the requirements of OAR 860-038-0410; and (k) The authorized representative of the applicant must state that all information provided is true and correct and sign the application. (6) At a minimum, an applicant must attest that it will: (a) Furnish to consumers a toll-free number or local number that is staffed during normal business hours to enable a consumer to resolve complaints or billing disputes and a statement of the ESS's terms and conditions that detail the customer's rights and responsibilities; (b) Comply with all applicable laws, rules, Commission orders, and electric company tariffs; ( c) Maintain insurance coverage, security bond, or other financial assurance commensurate with the types and numbers of consumers and loads being served, meet any other credit requirements contained in the electric company's tariffs, and cover creditors for a minimum of 90 days from the date of cancellation; and ( d) Adequately respond to Commission information requests within 10 business days. (7) As conditions for certification, an ESS must agree to: (a) Enter into an agreement or agreements with each respective electric company to assign to the electric companies any federal system benefits available from the Bonneville Power Administration to the residential and small-farm customers who receive distribution from an electric company and are served by the ESS; and (b) Not enter into a Residential Sale and Purchase Agreement with the Bonneville Power Adminisiration pursuant to Section 5(c) of the Pacific Northwest Power Act concerning federal system benefits available to residential and small farm customers receiving distribution from an electric company. (8) Staff will nolify interested persons of the application, allow 14 days from the date of notification for the filing of protests to the application (through submission of an email or letter to the staff), review the application, and make a recommendation to the Commission whether the application should be approved or denied. Appendix A Page 66 of74 •' .. .'·1-r ., ·· ORDER NO. l;l .·:';, ; .• .;~. (9) An applicant or a protesting party may request a hearing within se¥eft60 calendar days of the date of the staffrecommendation. Upon determining the appropriateness of the request, the Commission will conduct a hearing as provided for in division 001 of the Commission's rules. (10) The Commission may issue an Order granting the applicant's request for certification upon a finding that: (a) The applicant paid the initial certification PUC fee, as required by OAR 860-038- 0400(3); (b) The applicant filed an application containing accurate, complete and satisfactory information that demonstrates it meets the requirements to be certified as an ESS. (11) If the Commission grants the application, the Commission may include any conditions it deems reasonable and necessary. Further, upon granting the application, the Commission will certify the ESS for a period of one year from the date of the order. (12) An ESS must take all reasonable steps, including corrective actions, to ensure that persons or agents hired by the ESS adhere at all times to the terms of all laws, rules, Commission orders, and elecW:ic company tariffs applicable to the ESS. (13) An ESS must notify the Commission that it will not be renewing its certification or it must renew its certification each year as follows: (a) An ESS must submitfile its application for renewal 30 days prior to the expiration date of its current certificate; (b) In its application for renewal the ESS must include the renewal fee, update the information specified in subsections (5)(a), (b), (i), and (j) of this rule, and state whether it violated or is currently being investigated for violation of any attestation made under the current certificate. The ESS must state that it continues to attest that it will meet the requirements of sections (6) and (7) of this rule. The authorized representative of the ESS must state that all information provided is W:ue and conect and sign the renewal application; ( c) If the Commission takes no action on the renewal application, the renewal is granted for a period of one year from the expiration date of the prior certificate; (d) If a written complaint is filed, or if on the Commission's own motion, the Commission has reason to believe the renewal should not be granted, the Commission will conduct a revocation proceeding per section (14) of this rule. The renewal applicant will be considered temporarily certified during the pending revocation proceeding. (14) Upon review of a written complaint or on its own motion the Commission may, after reasonable notice and opportunity for hearing, revoke the certification of an ESS for reasons including, but not limited to, the following: (a) Material misrepresentations in its application for certification or in any report of material changes in the facts upon which the certification was based; (b) Material misrepresentations in customer solicitations, agreements, or in the administration of customer contracts; (c) Dishonesty, fraud, or deceit that benefits the ESS or disadvantages customers; (d) Demonstrated lack of financial, or operational capability; or ( e) Violation of agreements stated in sections ( 6) and (7) of this rule. (15) An ESS must promptly report to the Commission any circumstances or events that materially alter information provided to the Commission in the certification or renewal Appendix A Page 67 of74 ORDER NO. process or otherwise materially impacts their ability to reasonably serve electricity consumers in Oregon. A .. :; . (16) Each ESS that owns, operates, or controls electrical supply lines and facilities subject to ORS 757.035 must have and maintain its entire plant and system in such condition that it will furnish safo, adequate, and reasonably continuous service. Each such ESS must inspect its lines and facilities in such a manner and with such frequency as may be needed to ensure a reasonably complete knowledge about their condition and adequacy at all times. Such record must be kept of the conditions found as the ESS considers necessary to properly maintain its system, unless in special cases the Commission specifies a more complete record. The ESS must have written plans describing its inspection, operation, and maintenance programs necessary to ensure the safety and reliability of the facilities. The written plans and records required herein must be made available to the Commission upon request. The ESS must report serious injuries to persons or property in accordance with GRSOAR 860-024-0050. Stat. Auth.: ORS 183, 756 & 757 Stats. Implemented: ORS 756.040 & 757.600 -757.667 Hist.: PUC 17-2000, f. & cert. ef. 9-29-00; PUC 23-2001, f. & cert. ef. 10-11-01; PUC 7- 2005, f. & cert. ef. 11-30-05 860-038-0420 Electricity Service Supplier Consumer Protection ( 1) All advertising and marketing activities by electricity service suppliers must be iruthful, not misleading, and in compliance with Oregon's Unfair Trade Praclices Act (ORS 646.605 through 646.656). (2) No person or entity may offer to sell eleciricity services available pursuant to direct access unless it has been certified by the Commission as an ESS. (3) Sections (3) through (6) of this rule do not apply when a consumer is changing suppliers. Sections (3) through (6) apply when an ESS is discontinuing service to a consumer. An ESS must give its customers at least 10 business days written notice, as prescribed in section ( 5) of this rule, before the ESS may discontinue service. ( 4) The written notice of intent to discontinue service to the ESS customer must be printed in boldface type and must state in easy to understand language: (a) The name and contact information of the ESS and the service location intended to be discontinued; (b) The reasons for the proposed discontinuance; (c) The earliest date for discontinuance; and ( d) The amount necessary to be paid to avoid discontinuance of services, if applicable. (5) The ESS must serve the notice of discontinuance in person or send it by first class mail to the last known address of the ESS customer. Service is complete on the date of personal delivery or, if service is by U. S. mail, on the day after the U. S. Postal Service postmark or the day after the date of postage metering. ( 6) Not less than 10 business days prior to discontinuance of service to an ESS customer, the ESS must notify the serving electric company, by mutually acceptable means, that the Appendix A Page 68 of74 ORDERNO .. /·1 ,, ;I /,,_ l' /~ ,. __ . ESS will no longer be supplying energy to that ESS customer. If an ESS and a consumer waive the 10-day notice, pursuant to section (8) of this rule, the ESS must still notify the electric company of its intent to discontinue a consumer's service as soon as it notifies the consumer that service is to be discontinued. The written notice must contain the following: (a) Name and contact information of the ESS that is discontinuing service, the consumer's name, account number, service location and, if applicable, the electric company's unique location identifier; (b) Earliest date for discontinuance; and (c) Necessary information applicable to the lransfer of the consumer's service. (7) This section of this rule applies to any alleged violation of the rules in Division 038 applicable to eleclricity service suppliers. (a) When a dispute occurs between an ESS customer and an ESSand its eensumer about any-bill;-charge; or service, the eleetrieity set'Viee sapplierESS must acknowledge the dispute with a response to the eonsumercustomer within fWe~ calendar days. The ESS must thoroughly invesligate the matter and report the results of its investigation to the ESS eonsamercustomer within 15 calendar days. If the ESS is unable to resolve the matter with its eensumer within 15 calendar days, the ESS must advise the eensumercustomer of the oplion to request internal supervisory review of unregulated disputes and to request the Commission's assistance in resolving a dispute within the Commission's jurisdiction; (b) An ESS customer may request the Commission's assistance in resolving a dispute within the Commission's jurisdiction by contacting the Commission's Consumer Services Division. The Commission must notify the electricity service supplier upon receipt of such a request; ( c) The Commission's Consumer Services Division will assist the complainant and the electricity service supplier in an effort to reach an informal resolution of the dispute. The ESS must provide the Commission with the necessary information to assist in resolving the dispute. The ESSeleetrieity serviee supplier must answer the registered ESS dispute within 15 calendar days of service of the complaint; (d) If a registered ESS dispute cannot be resolved informally, the Commission's Consumer Services Division will advise the complainant of the right to file a formal written complaint with the Commission. @_The formal written_ complaint must state the facts of the dispute and the relief requested and must be filed with the Filing Center in compliance with the rules regarding confidential information and filing set out in OAR 860-001-0070, 860-001- 0140 through 860-001-0150,and 860-001-0170. (B) The formal complaint must be filed with the Filing Center at PUC.FilingCenter(@,state.or.us. If complainant does not have access to electronic mail, the complaint may be mailed, faxed, or delivered to the Filing Center at the address set out in OAR 860-001-0140, and the formal complaint must include a request for waiver of the electronic filing and service requirements. (C) The Commission will serve the complaint on the ESS. The Commission may electronically serve the ESS with the complaint if the electronic mail address is verified prior to service of the complaint and the delivery receipt is maintained in the official file. Appendix A Page 69 of74 ORDER NO. filL The ESSeleetrieity serviee supplier must answer the complaint within 15 calendar days of service of the complaint by the Commission. @The Commission will set the _matter will t_hen be set for expedited hearing. A hearing may be held on less than 10 calendar days' notice when good cause is shown. Notice ofthe hearing will be provided to the complainant and the ESS at least 12 hours before the date and time of the hearing. (F) Filing dates for formal complaint proceedings are calculated and enforced per OAR 860-001-0150. (8) Within the terms of a written contract, a eonsamercustomer and an ESS may agree to arrangements otherthan those specified in sections (3), (4), (5), and (6) of this rule, ifthe following requirements are met: (a) The contract must include an exact copy of the paragraphs in subsection (8)(b) of this rule. The paragraphs must be in bold type of at least 12-font size. Immediately following the paragraphs, there must be a line for the-consumer's signature and the date. (b) The agreement must contain the following notice: IF YOU SIGN THIS AGREEMENT, YOU MAY GIVE UP CERTAIN RIGHTS YOU HAVE UNDER OAR 860-038-0420(3) through (6). These rules state: The ESS must insert the complete text of OAR 860-038-0420(3) through (6). THIS MAY AFFECT YOUR ABILITY TO ARRANGE FOR OTHER ENERGY SERVICE. Stat. Auth.: ORS 183, ORS 756 & ORS 757 Stats. Implemented: ORS 756.040 & ORS 757.600 -ORS 757.667 Hist.: PUC 17-2000, f. & cert. ef. 9-29-00; PUC 21-2001(Temp), f. & cert. ef. 9-11-01 thru 3-10-02; PUC 11-2002, f. & cert. ef. 3-8-02; PUC 11-2003, f. & cert. ef. 7-3-03 Appendix A Page 70 of74 ORDER NO. 860-082-0085 Complaints for Enforcement (1) This rule specifies the procedure for a public utility, an interconnection customer, or an applicant to file a complaint for the enforcement of an interconnection agreement. Filing dates for enforcement complaint proceedings are calculated and enforced per OAR 860-001-0150. (2) At least 10 days p1ior to filing a complaint for enforcement, complainant must give written notice to defendant and the Commission that complainant intends to file a complaint for enforcement. The notice must identify the provisions in the agreement that complainant alleges were or are being violated and the specific acts or failure to act that caused or are causing the violation, and whether complainant anticipates requesting temporary or injunctive relief. On the same day the notice is filed with the Commission, complainant must serve a copy of the notice on defendant's authorized representative, attorney of record, or designated agent for service of process. Complainant must also serve the notice on all persons designated in the interconnection agreement to receive notices; filA complaint for enforcement must eontain the foll6'Wing: (a) Contain aA statement of specific facts demonstrating that the complainant conferred with defendant in good faith to resolve the dispute, and that despite those efforts the parties failed to resolve the dispute; (b) Include aA copy of a the written notice, required by section (2), to the defendant indicating that the complainant intends to file a complaint for enforcement, as deseribed in subseetion (3)(a) below; ( c) Include aA copy of the interconnection agreement or the portion of the agreement that the complainant contends that defendant violated or is violating. If a copy of the entire agreement is provided, complainant must specify the provisions at issue; (d) Contain aA statement of the facts or a statement of the law demonstrating defendant's failure to comply with the interconnection agreement and complainant's entitlement to relief. The statement of entitlement to relief must indicate that the remedy sought is consistent with the dispute resolution provisions in the agreement, if any. Statements of facts must be supported by written testimony or one 0r morewith affidavits made by persons competent to testify and having personal knowledge of the relevant facts. Statements of law must be supported by appropriate citations. If exhibits are attached to the affidavits, the affidavits must contain the foundation for the exhibits; ( e) The names 0f up to two people dDesignated-up to three persons to receive copies of pleadings and documents; (f) Include} .. sepRrate doeument eontaining an executive summary, filed as a seuarate document not to exceed 8 0f eight pages.i. 01' Jess outlining the issues and relief requested; and (g) Include any mMotions for affirmative relief, filed as a separate document and clearly marked. must be filed with the eemplaint, but as a separate doeument. Motfons for injunetive er temporary relief must be elearly marked. Nothing in this subsection precludes complainant from filing a motion subsequent to the filing of the complaint ifthe Appendix A Page 71 of74 ORDER NO. '! ,~ ··• motion is based upon facts or circumstances unknown or unavailable to complainant at the time the complaint was filed:t'ftfld (3) The eomplaint fuF enforeement must be served as follows: (a) i...t least 19 husiHess days prior to filing a complaint fuF enfureement with the Commission, complaimmt must give written notice ta defendant and the Commission that complainant intends to file a eomplaiHt fur enfureemeHt. The Hotiee must identify the provisions in the interconnection agreemeHt that complainant alleges were or are being violated, the speeifie aets or failures ta aet that caused or are causing the \'iolation, and whethef' the eomplainaBt anticipates requesting tcmpoFary or iBjunetive relief. The notice must be served in the same maBnCF as set furth in subsections (b) and (e) below, exeept that complainant must also serve the notiee on all pCFsoas designated in the agf'eement to receive notices; (4) On the same day the complaint is filed with the Commission, (b) C_£omplainant must serve a copy of the complaint fur enfureement on defendant's authorized representative, attorney of record, or designated agent for service of process the same day the complaint is filed with the Commission. Service may be by telephonic facsimile, electronic mail, or overnight mail, but the complaint must arrive at defendant's location on the same day the complaint is filed with the Commission. Service by facsimile or electronic mail must be followed by a hafflphysical copy of the complaint the next day by overnight deliverydeposited in the mail and addressed to the defendant on the same date that the facsimile OF electronic copy is received; and (e) Complainant must serve a copy of the complaint for enforcement on defendant's authorized representative, attorney ef Fecord, &'f designated agent for sen'iee of proeess. ~4) Within 10 business days after service of the complaint, defendant may file aAn answer to the complaint with the Commission. Any allegations raised in the complaint and not addressed in the answer are deemed admitted. The answer must contain the feUowiog: (a) Contain aA statement of specific facts demonsll'ating that the defendant conferred with complainant in good faith to resolve the dispute and that despite those efforts the parties failed to resolve the dispute; (b) A-f'Respon!!se to each allegation in the complaint and set forth all affirmative defenses. Any allegations Faised in the complaint and not addressed in the answer are deemed admitted; (c) Contain aA statement of the facts or a statement of the law supporting defendant's position. Statements of facts must be supported by written testimony or one or morewith affidavits made by persons competent to testify and having personal knowledge of the relevant facts. Statements oflaw must be supported by appropriate citations. If exhibits are attached to the affidavits, then the affidavits must contain the foundation for the exhibits; and ( d) The names of up to two peFSons dDesignated up to three persons to receive copies of other pleadings and documents!t'ftfld (§.e) On the same day as the answer is filed, the defendant must also file its response to any motion filed by complainant and its motions for affirmative relief. Each response and each motion must be filed as a separnte filing. A 1·csponse to 1rny motion filed by Appendix A Page 72 of74 ORDER NO. eomvlainant must be filed with the answer, but as a separate document. The-defendant must also file any motions for affirmative Felief with the eomplaint, but as a Sef>lll'ate document. Nothing in this subsection precludes defendant from filing a motion subsequent to the filing of the answer ifthe motion is based upon facts or circumstances unknown or unavailable to defendant at the ii.me the answer was filed. (1S) On the same day the answer is filed with the Commission, the defendant must serve a copy of the answer to the complainant's authorized representative, attorney of record, or designated agent for service of process. The answeF must be served as fallews:· (a) Defendant must file a cop}' of the answel' with the Cemmissilm 't'iithin 10 business days after sel'Viee of the eemplaint fur enfureement; (b) Defendaat must deliver a eof>y of the answer ta eomplaiaant the same day the answer is filed with the Commissien, iH the manner set forth iH subsections (3)(b) and t3t~ (e) Defeadant must serve a copy of the ans:wer on the complainant's attorney, as listed in the complaint, OF the JJerson whe signed the eamplaint, if complainant has no attorney. (§6) Complainant must file a reply to an answer that contains affirmative defenses within fuie~ business days after the answer is filed. On the same day the reply is filed with the Commission, complainant must serve a copy of the reply to defendant's authorized representative, attorney of record, or designated agent for service of process.The Feply must be served in the manner set forth in subsections (3)(b) and (3)(e) abo:ve. If the reply contains new facts or legal issues not raised in the eomplaint, then: the Feply must also eamply with subseetien (2)(d) abo:v'e, (2~n A cross-complaint or counterclaim must be answered within the 10-business day time frame allowed for answers to complaints. (!!!8) The Commission mustwill conduct a conference regarding each complaint for enforcement of an interconnection agreement. (a) The adminis1rative law judge (ALJ) schedules a conference within fuie~ business days after the answer is filed, to be held as soon theFeafter as is-practicable. At the discretion of the ALJ, the conference may be conducted by telephone. (b) Based on the complaint and the answer, all supporting documents filed by the parties, and the parties' oral statements at the conference, the ALJ determines whether the issues raised in the complaint can be determined on the pleadings and submissions without further proceedings or whether further proceedings are necessary. If further proceedings are necessary, the ALJ establishes a procedural schedule. Nothing in this subsection is intended to prohibit the bifurcation of issues where appropriate. (c) In determining whether further proceedings are necessary, the ALJ must consider, at a minimum, the positions of the parties, the need to clarify evidence thro~gh the examination of witnesses, the complexity of the issues, the need for prompt resolution, and the completeness of the information presented. (d) The ALJ may make oral rulings on the record during the conference on all matters relevant to the conduct of the proceeding. Appendix A Page 73 of74 (119) A party may file with the complaint or answer a request for discovery, stating the matters to be inquired into and their relationship to matters directly at issue. (l~<l) When warranted by the facts, the complainant or defendant may file a motion requesting that an expedited procedure be used. The moving party must file a proposed expedited procedural schedule along with its motion. The ALJ must schedule a conforence to be held as soon after the motion is filed as is-practicable to determine whether an expedited schedule is warranted. (a) The ALJ mustwill consider whether the issues raised in the complaint or answer involve a risk of imminent, irrevocable harm to a party or to the public interest. (b) If a determination is made that an expedited procedure is warranted, the ALJ mastwill establish a procedure that ensures a prompt resolution of the merits of the dispute, consistent with due process and other relevant considerations. The ALJ mastwill consider, but is not bound by, the moving party's proposed expedited procedural schedule. (c) In general, the ALJ will not entertain a motion for expedited procedure where the dispute solely involves the payment of money. Stat. Auth.: ORS 756 Stats. Implemented: ORS 756.040 & 756.500 Hist.: PUC 10-2009, f. & cert. ef. 8-26-09 Appendix A Page 74 of74 1 | P a g e Clark Fork Project 2015 – 2016 FERC Orders Table of Contents Project Document Date Document Title Document No. 1. Clark Fork 01/28/2016 and 2014 and 2015 Implementation Plans Per Article 402, Annual Threatened and Endangered Species Plans Per Article 432, and Annual 2016-141380 1 | P a g e 2015 – 2016 FERC Orders Table of Contents Project Document Date Document Title Document No. 1. Spokane Energy LLC 04/21/2015 Order authorizing acquisition and disposition of jurisdictional facilities EC15-82-000 2. PUHCA 05/14/2015 Order granting petition for declaratory order EL15-19-000 3. Spokane Energy LLC 06/17/2015 Notice of Change in Status ER10-2290- 004 4. Avista/BPA 09/29/2015 Average System Cost Filing ER15-2551- 000 5. Avista/Puget Sound Energy 05/12/2016 Order No. 1000 Compliance Filing ER13-94-008 ER15-422- 004 Staff_PR_008 Attachment B FERC Orders Listing Page 1 of 3 1 | P a g e Spokane River Project 2015 – 2016 FERC Orders Table of Contents Project Document Date Document Title Document No. 1. Spokane River 02/19/2015 Order Granting Extension of Time under Total Dissolved Gas Attainment Plan 2015-0059 2. Spokane River 03/27/2015 Order Granting Extension of Time under Order Modifying and Approving Water Quality Attainment Plan 2015-0092 3. Spokane River 06/26/2015 Order Modifying and Approving Five-Year Fishery Enhancement and Protection Plan 2015-0198 4. Spokane River 12/02/2015 Order approving updated Coeur d’ Alene Reservation Wetland and Riparian Habitat Plan 2015-0363 5. Spokane River 01/20/2016 Order Approving 2016 to 2019 Five-year Wetland and Riparian Habitat Protection and Enhancement Plan 2016-0019 6. Spokane River 04/18/2016 Order Amending Project Boundary 2016-141289 7. Spokane River 04/19/2016 Order Approving Updated Land Use Management Plan 2016-141294 Staff_PR_008 Attachment B FERC Orders Listing Page 2 of 3 1 | P a g e Clark Fork Project 2015 – 2016 FERC Orders Table of Contents Project Document Date Document Title Document No. 1. Clark Fork 01/28/2016 Order Approving 2013 and 2014 Annual Reports and 2014 and 2015 Implementation Plans Per Article 402, Annual Threatened and Endangered Species Plans Per Article 432, and Annual Fishway Plans per article 433 2016-141380 Staff_PR_008 Attachment B FERC Orders Listing Page 3 of 3 1 | P a g e Spokane River Project 2015 – 2016 FERC Orders Table of Contents Project Document Date Document Title Document No. 1. Spokane River 02/19/2015 Order Granting Extension of Time under Total Dissolved Gas Attainment Plan 2015-0059 2. Spokane River 03/27/2015 Order Granting Extension of Time under Order Modifying and Approving Water Quality Attainment Plan 2015-0092 3. Spokane River 06/26/2015 Order Modifying and Approving Five-Year Fishery Enhancement and Protection Plan 2015-0198 4. Spokane River 12/02/2015 Order approving updated Coeur d’ Alene Reservation Wetland and Riparian Habitat Plan 2015-0363 5. Spokane River 01/20/2016 Order Approving 2016 to 2019 Five-year Wetland and Riparian Habitat Protection and Enhancement Plan 2016-0019 6. Spokane River 04/18/2016 Order Amending Project Boundary 2016-141289 7. Spokane River 04/19/2016 Order Approving Updated Land Use Management Plan 2016-141294 AVISTA CORPORATION RESPONSE TO REQUEST FOR INFORMATION JURISDICTION: IDAHO DATE PREPARED: 06/15/2016 CASE NO.: AVU-E-16-03 WITNESS: Elizabeth Andrews REQUESTER: IPUC RESPONDER: Paul Kimball TYPE: Production Request DEPARTMENT: State & Federal Regulation REQUEST NO.: Staff - 001 TELEPHONE: (509) 495-4584 REQUEST: Please provide copies of all data requests received and the corresponding responses associated with the Company’s current general rate case docket before the Washington Utilities and Transportation Commission. RESPONSE: Please see Avista's response 001C, which contains TRADE SECRET, PROPRIETARY or CONFIDENTIAL information and exempt from public view and is separately filed under IDAPA 31.01.01, Rule 067 and 233, and Section 9-340D, Idaho Code, and pursuant to the Protective Agreement between Avista and IPUC Staff dated June 1, 2016. Enclosed with this response is a CD with all data requests and NON-CONFIDENTIAL responses associated with the current general rate case before the Washington Utilities & Transportation Commission. Per discussion with Staff the Company has excluded the data responses related to the Washington AMI project. Avista will continue to provide copies of data requests, along with corresponding data responses, from all parties to the Washington proceeding as they are received on a monthly basis. Page 1 of 1 AVISTA CORPORATION RESPONSE TO REQUEST FOR INFORMATION JURISDICTION: IDAHO DATE PREPARED: 06/15/2016 CASE NO.: AVU-E-16-03 WITNESS: Elizabeth Andrews REQUESTER: IPUC RESPONDER: Jeanne Pluth TYPE: Production Request DEPARTMENT: State & Federal Regulation REQUEST NO.: Staff - 002 TELEPHONE: (509) 495-2204 REQUEST: Please provide copies of the monthly trial balances from January 2014 through the most current month available. Please supplement your response when additional months become available throughout 2016. RESPONSE: Please see Staff_PR_002-Attachment A for the trial balance for January 2014 through May 2016. Page 1 of 1 AVISTA CORPORATION RESPONSE TO REQUEST FOR INFORMATION JURISDICTION: IDAHO DATE PREPARED: 06/15/2016 CASE NO.: AVU-E-16-03 WITNESS: Elizabeth Andrews REQUESTER: IPUC RESPONDER: Jeanne Pluth TYPE: Production Request DEPARTMENT: State & Federal Regulation REQUEST NO.: Staff - 003 TELEPHONE: (509) 495-2204 REQUEST: Please provide a copy of the Company Chart of Accounts. RESPONSE: Please see Staff_PR_003-Attachment A for the Company’s chart of accounts. Page 1 of 3 -20% 0% 20% 40% 60% 80% 100% 120% 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Av g . % C h a n g e f r o m 2 0 0 6 B a s e l i n e Net Plant Investment Non-Fuel O&M/A&G Retail kWh Sales Retail Therm Sales Utility Investment and Costs are Rising Faster than Sales Actual Forecast AVISTA CORPORATION RESPONSE TO REQUEST FOR INFORMATION JURISDICTION: IDAHO DATE PREPARED: 06/20/2016 CASE NO: AVU-E-16-03 WITNESS: Elizabeth Andrews REQUESTER: IPUC RESPONDER: Liz Andrews TYPE: Production Request DEPARTMENT: State & Federal Regulation REQUEST NO.: Staff-004 TELEPHONE: (509) 495-8601 REQUEST: Please list all cost-cutting measures undertaken by the Company during 2014-2016. Explain those cost-cutting measures in detail, and quantify the results of those measures. RESPONSE: Beginning in 2012, in a direct response to the continuing increase in non-fuel O&M/A&G year over year, senior management of the Company took steps to reduce this trend in increasing expenditures. Examples of cost management efficiencies and steps taken to reduce the growth in expenses is discussed below and include, among other things, the Voluntary Severance Incentive Plan (VSIP) to reduce employee complement, and changes to pension and post-retirement medical programs. These changes illustrate Avista’s efforts to control our costs, improve efficiency, and focus on long-term sustainable savings to continuously improve our service to customers and manage costs into the future. The impact of these cost management efficiencies and steps taken to reduce the growth in expenses affecting the rate years can be seen in the following chart, provided in Mr. Morris’ direct testimony at page 14, Illustration No. 1. As can be seen in the illustration below, the non-fuel O&M/A&G costs dip down in 2013, and then grow at somewhat slower pace than in prior years. Page 2 of 3 The noticeable reductions in O&M costs starting after December 2012 shown in the illustration above, followed the fourth quarter 2012 implementation of its Voluntary Severance Incentive Plan (VSIP) program to reduce employee complement at the Company, reducing the overall base labor costs starting in 2013 and going forward by $5 million on a system basis. The Company’s elimination of its defined benefit pension plan for non-union new hires beginning in 2014, and the transition away from providing medical coverage for non-union retirees also reduced costs going forward. These changes include: • For non-union employees, Avista no longer offers a pension plan for new hires beginning January 1, 2014. Avista will make a contribution to a 401(K) fund established for the employee, but no longer offers a defined benefit pension plan that provides an annual annuity upon retirement. This reduces future utility operating costs associated with employee benefits. Changes to plans offered to the bargaining unit employees will be subject to future negotiations. • Also beginning January 1, 2014, Avista no longer provides funding for post-retirement medical for non-union new hires. In addition, for both existing and new hire non-union employees, when the retiree reaches age 65, Avista will no longer provide an Avista-sponsored medical plan. Through these changes Avista is transitioning out of funding medical coverage for retirees. • For 2015 through 2017, these savings related to the Company’s changes in its pension and post-retirement medical plans on a system basis were estimated to be approximately $2.6 million, $3 million and $3.5 million, respectively, with increasing annual savings expected going forward. These savings are reflected in the Company’s Pro Forma Studies, as the reduced level of labor from the VSIP and pension and post-retirement medical plans are already reflected in the Company’s twelve-months ended December 2015 results of operations for Idaho, and the 2017 level of pension and post-retirement medical expenses have been reflected in the Pro Forma Employee Benefit adjustments (see Andrews Adjustments 3.03 & 3.04). Mr. Morris explains that the Company continues to monitor its compensation and benefits practices to ensure that they are competitive with those offered by other similar utilities, including a design in which a portion of all employees’ compensation is pay-at-risk, which is dependent on achieving cost-saving targets each year for O&M and A&G. Other reductions in costs include a variety of cost reduction measures as described in various testimonies as filed. For example, as discussed further by Ms. Rosentrater, Avista’s asset management programs, are designed, in part, to focus on capital projects that will decrease O&M costs. Our aging and changing infrastructure provides several challenges we need to manage to keep costs under control into the future. Asset management programs and projects include wood pole management, Aldyl-A pipe replacement, transmission line rebuilds, and substation equipment replacements and rebuilds. These asset management capital investments are replacing old and failing assets using a planned and systematic approach to reduce outages, control costs to benefit customers over the life of these assets, and reduce risks associated with failed equipment. Further, Mr. Thies, discusses that Avista’s cost-of debt (and resulting interest expense) has trended downward the last several years, causing the Company’s overall cost of debt to decrease.1 However, as explained by Mr. Morris, as Avista continues to work to control its costs, it is also experiencing a continuing increase in various compliance and reporting requirements. These 1 Mr. Thies, at page 26 of his direct testimony, also explains that there is an expected increase in cost of debt expected in 2017 compared to 2015 due to the maturation of certain debt. Page 3 of 3 requirements involve, among other things, monitoring, inspecting, testing, reporting, adding redundancy, and increasing security – both physical security and cyber security. The requirements are driven by, among other things, NERC requirements related to electric reliability, FERC requirements related to assuring the existence of competitive wholesale markets, environmental requirements to ensure we are being good stewards of the environment, and financial requirements to ensure full and fair disclosure of information. Compliance with these important requirements involve people and systems, which, among other factors, is putting upward pressure on our O&M costs. Page 1 of 1 AVISTA CORPORATION RESPONSE TO REQUEST FOR INFORMATION JURISDICTION: IDAHO DATE PREPARED: 06/15/2016 CASE NO.: AVU-E-16-03 WITNESS: Elizabeth Andrews REQUESTER: IPUC RESPONDER: Jeanne Pluth TYPE: Production Request DEPARTMENT: State & Federal Regulation REQUEST NO.: Staff - 005 TELEPHONE: (509) 495-2204 REQUEST: Please list all expense reports for management personnel for 2015. RESPONSE: Consistent with prior Idaho general rate case responses with regard to this request, the Company had limited this response to officer expense reports. Please see Staff_PR_005-Attachment A for officers’ 2015 expense reports detail. AVISTA CORPORATION RESPONSE TO REQUEST FOR INFORMATION JURISDICTION: IDAHO DATE PREPARED: 06/20/2016 CASE NO.: AVU-E-16-03 WITNESS: Elizabeth Andrews REQUESTER: IPUC RESPONDER: Paul Kimball TYPE: Production Request DEPARTMENT: State & Federal Regulation REQUEST NO.: Staff - 008 TELEPHONE: (509) 495-4584 REQUEST: Please provide a copy of all regulatory orders relating to Avista Utilities or the Company and its subsidiaries issued by state agencies in Oregon and Washington, and the Federal Energy Regulatory Commission (FERC) in 2015 and 2016 to date. RESPONSE: See Staff_PR_008 Attachment A for the State orders. See Staff_PR_008 Attachment B for the FERC orders. Due to the voluminous nature of the attachments, they are being provided in electronic format only Page 1 of 1 AVISTA CORP. RESPONSE TO REQUEST FOR INFORMATION JURISDICTION: IDAHO DATE PREPARED: 06/20/2016 CASE NO.: AVU-E-16-03 WITNESS: Heather Rosentrater REQUESTER: IPUC RESPONDER: Heidi Evans TYPE: Production Request DEPARTMENT: Environmental REQUEST NO.: Staff – 009 TELEPHONE: (509) 495-4993 REQUEST: Please summarize all of the Company’s environmental cleanup costs during 2015. Please show all account numbers and the amount booked to each sub account. RESPONSE: Staff_PR_009 Attachment A includes all cleanup work, which falls into two general categories: those associated with long-term cleanup sites, and those associated with small spill events, such as a “car hit pole” with a transformer spill. A packed venue for the Q2 All Employee Meetings. If you missed out, you can view a copy of the presentation here. June 8, 2016 Vol. 17, Issue 31 In this issue: •Q2 All Employee Meeting – Executive Summary •Avista employee places first in A Class category during 2016 World Jet Boat Championships • Know how to spot signs of heat exhaustion and heat stroke • June service anniversaries •Snapshots of the week •Poll Results, What's Happening & Diversity Calendar Q2 All Employee Meeting – Executive Summary INNOVATION, OLD COMPANY MOVIES, PROJECTS AND FINANCIAL PERFORMANCE WERE KEY TOPICS SHARED AT THIS QUARTER’S MEETINGS Avista has thrived for the last 127 years in large part because we’ve stayed ahead of the curve by inventing and reinventing our services and processes. Even though we’ve successfully managed several transformations at Avista, we have to continue to change to keep driving the industry forward and offering customers the right products and services to ensure their needs are met. The Quarterly All-Employee Meetings are an opportunity for you to hear timely and up-to-date news from our executives, ask questions and learn about how your work connects with company strategy and success. We all have a part to play in driving our company forward and understanding our business is one way to drive company success. This quarter’s Employee Meetings featured updates from Chairman, President and Chief Executive Officer, Scott Morris, Avista Utilities President, Dennis Vermillion and Chief Financial Officer, Mark Thies. Morris spoke about our company’s lasting principles and the special characteristics of our employees. He used snippets of an old Washington Water Power (WWP) video to demonstrate that our company’s commitment to Page 1 of 10The Avista e.view June 8, 201 6 9 201http://avanet.avistacorp.com/news/company/eview/2016/0 -08-2016.as Staff_PR_010 Attachment A Page 1 of 10 Watch a video from 1984 that showcases Avista's principles of trust, collaboration and innovation. Watch a video of Scott Morris talking about the implementation of the Customer Service Information (CIS) system in 1983. innovation, collaboration and trust is just as strong today as it was in 1984 when the video was produced for new employees embarking on a career at WWP. Morris also provided timely updates from the Annual Shareholders Meeting and the Quarterly Board Meeting. “With the Board, we focused primarily on providing education about cyber security and what Avista is doing to protect our information and systems,” said Morris. “We’ve been working closely with the government and the Washington National Guard to do what we can to ensure the security of our systems and to protect ourselves from others that may want access to our critical systems.” Morris concluded his portion of the presentation by reinforcing Avista’s four key focus areas for 2016. “Customer engagement continues to be an important focus as we move forward through 2016 and into 2017,” said Morris. “We’re spending a lot of money on capital projects, which is important as we invest in updating our system’s reliability. In addition to ensuring service reliability to our customers, we also need to think of new ways to differentiate our level of service to our customers and to offer them more choices that matter to them. Additionally, Avista is looking for more economic development opportunities within the communities we serve. Our commitment to our community’s vitality needs to continue to be top of mind as we move forward.” Investment in our infrastructure and providing safe and reliable service were the focus of Vermillion’s presentation and he too had a movie from the old days to share with employees. It was a clip of Scott Morris talking about the implementation of the new Customer Information System circa 1983. This was timely since Avista was nationally recognized at National Customer Service week this year for the successful implementation of the new customer service system. Vermillion soaked up the good natured laughter of the crowd before moving on to provide updates on projects such as the Noxon Reactor Station, which showcases Avista’s spirit of collaboration and innovation. Avista is one of the few utilities in the United States to utilize this system to help improve the voltage performance of our system in Western Montana and Northern Idaho. Vermillion also provided updates on the following projects: Nine Mile Dam – Upgrades of Units one and two. The Nine Mile Dam Program began in 2012 and when complete, will increase generation capacity, improve plant reliability and will reduce operating and maintenance costs. This July, Avista will be upgrading units one and two at the dam. Once the entire project is complete, the incremental energy we’ll be getting from stepping up the generating capacity will count toward the I-937 Renewable Portfolio requirements. Long Lake Dam Total Dissolved Gas (TDG) Project. The TDG project is in place to reduce TDG levels in the river downstream. Deflectors will be installed at the base of the dam to mitigate TDG levels in the plunge pool. Additionally, a rock outcrop located along the spillway will be shaved to allow water to move through the river more freely. The project is on track to begin this summer and the work will likely be finished by December 2016. Page 2 of 10The Avista e.view June 8, 201 6 9 201http://avanet.avistacorp.com/news/company/eview/2016/0 -08-2016.as Staff_PR_010 Attachment A Page 2 of 10 Medford High Pressure Reduction and Replacement Project. This project will help Avista reduce future operations and maintenance costs associated with pipeline reliability, safety, maintenance and compliance standards. We are replacing three miles of transmission pipe to reduce 35 miles of pressure. Work will start in the third quarter of this year and will continue into 2017. North Spokane High Pressure Gas Main Project. This project is set to take place this August and will not only contribute to economic development, but will increase the availability of gas services in North Spokane near the old Kaiser complex. Avista is installing two miles of six inch high pressure gas main, which will serve the new Costco building. Gas Growth Project. Washington customers are seeing appealing incentives to switch their existing services to natural gas. Avista’s Gas Growth Team worked with our Rates department to implement a pilot project for Washington customers. The pilot project kicked-off this March and is set to run until Feb. 28, 2019. This project aims to increase the number of customers using natural gas and for existing customers, it improves efficiency in the energy they use. Relight Washington. This unique project is bringing LED lighting to small Washington towns. This project is sponsored by the Transportation Improvement Board and Regional Manager, Paul Kimmell was instrumental in helping facilitate the success of this program. LED lighting is more energy efficient – which provides value for our customers. Harrington Phase Two Feeder Upgrade. This project is all about system reliability and efficiency. Avista’s Spokane Electric Line Crews are upgrading the last of Avista’s 4kV equipment to 13 kV equipment. The substation electricians and crew members are also rebuilding the Harrington Substation as part of this upgrade work, which means it will take less effort to move energy along the lines. You can’t highlight construction season without talking safety. Avista went through the first quarter of 2016 without any lost time injuries. This is a first for our company since tracking safety performance metrics. We also finished the first classes of Human Performance Improvement Training. Two more rounds of training are planned for later this year. Employees are also encouraged to participate in the Safety Culture Survey, which will be sent out this summer. The intent of the survey is to get a baseline understanding of what we are doing well and where we need to focus on making improvements. Vermillion then handed over the ceremonial clicker to Chief Financial Officer and meeting headliner, Mark Thies. Thies began his presentation with a humorous example of the financial consequences of making a promise to his 10-year old son by telling us a story about his trip to Super Bowl 50 where the “Broncos whomped the Panthers.” All joking aside, Thies spoke in detail about Avista’s financial performance. “2016 is off to a great start,” said Thies. “If you get anything at all out of this presentation, I want to you walk away knowing that our company is in good financial shape. We’re making sound financial investments in our system to bolster safety, security and reliability.” Thies went on to explain some of Avista’s key focus areas. Page 3 of 10The Avista e.view June 8, 201 6 9 201http://avanet.avistacorp.com/news/company/eview/2016/0 -08-2016.as Staff_PR_010 Attachment A Page 3 of 10 “We are responsible stewards of our customers’ money and we need to continue to manage our business and our costs as efficiently as we can,” said Thies. “Looking ahead, we’ll continue to seek constructive rate decisions while being prudent with our capital and expenses. Additionally we will look at reprioritizing activities to permanently eliminate costs while also looking at incremental revenue gains through new products and services. Continuing to focus on economic development and opportunistic investments, will also be a priority. I’d like to thank each and every employee for doing what you do to ensure we provide value to our customers.” If you missed the meetings, you can view a PDF copy of the slide presentation here. (Back to top) Photo courtesy of MT Actions Photography Avista employee places first in A Class category during 2016 World Jet Boat Championships Gas Serviceman, Russ Hoisington has been involved in jet boat racing for about 11 years. This year, he and his teammate, Terry O’Keefe, got to experience what it feels like to take the world championship title in this high-octane, high-adrenaline sport. Jet Boat racers from around the world gathered in St. Maries, Idaho on May 21 and 22 and raced along the St. Joe River. From there, the racers sped along the Coeur d’Alene River; traveling by water from Harrison to Cataldo. The last leg of the race took place on the Snake River from May 27 – 29. Racers endure long hours at high speeds on the river for several days. Total mileage traveled along each leg of the course was approximately 545 miles. “In addition to the intensity and adrenaline rush, one of the main highlights for me was seeing all of our hard work on the boat we rebuilt get recognized with the win,” Hoisington said. “I’m really proud of our efforts and it was a ton of fun!” (Back to top) Know how to spot signs of heat exhaustion and heat stroke At Avista, we have employees who are always looking out for the safety of one another. With warmer than normal temperatures outside, it’s a good time to brush up on the warning signs for heat exhaustion and heat stroke. Here are some great reminder tips from the Center for Disease Control for you to share as a safety moment in your next safety meeting, department meeting or with your loved ones Page 4 of 10The Avista e.view June 8, 201 6 9 201http://avanet.avistacorp.com/news/company/eview/2016/0 -08-2016.as Staff_PR_010 Attachment A Page 4 of 10 TIPS FOR HOW TO PREVENT HEAT EXHAUSTION AND HEAT STROKE • Wear light-weight, light-colored and lose fitting clothing. • Protect yourself from the sun by wearing a hat or using an umbrella. • Apply sunscreen and drink lots of water. at home. Combating heat exhaustion There are two types of heat exhaustion. Water depletion and salt depletion. 1. Water depletion includes symptoms of thirst, weakness, headache and loss of consciousness. Salt depletion includes symptoms of vomiting, nausea, dizziness and muscle cramps. 2. To combat heat exhaustion you should move to a cooler location, lie down and loosen your clothing, apply cool and wet cloths to as much of your body as possible and sip water. If symptoms worsen; seek medical attention immediately. Heat stroke signs and what to do if you suspect heat stroke • Warning signs include: a. A high body temperature (above 103 degrees Fahrenheit) b. Hot, red, dry or moist skin. c. Rapid and strong pulse. d. Unconsciousness • What you need to do if you suspect someone is suffering from heat stroke. a. Call 911 immediately – this is a medical emergency. b. Move the person to a cooler environment. c. Reduce the person’s body temperature with cool cloths or even a bath. d. Do not give fluids. Avista offers annual heat stress reminders for employees who work in extreme weather. This information is typically covered in their department safety meeting. For a deeper dive on this topic, visit this month’s Safety Net Bulletin. (Back to top) June service anniversaries Please take the time to recognize the following individuals for their service to Avista. They are celebrating a milestone work anniversary this month: NAME POSITION YEARS OF SERVICE Brad Arnzen Line Foreman 35 Don Falkner Director Tax, Assistant Treasurer 35 John Hanna Customer Project Coordinator 35 Rick Kohlstedt Journeyman Mechanical Structural Shop 35 Kelly Norwood Vice President State & Federal Regulation 35 Dan Scrivner Distribution Dispatcher 35 Nicola Brodrick Tribal ROW Coordinator 25 Matt Clegg Meter Reader 25 Ray Burggraaf System Operator 20 Page 5 of 10The Avista e.view June 8, 201 6 9 201http://avanet.avistacorp.com/news/company/eview/2016/0 -08-2016.as Staff_PR_010 Attachment A Page 5 of 10 Mark Gabert Wood Pole Project Coordinator 20 Steve Plewman Manager Construction Design 20 Jason Thackston Senior Vice President Energy Resources 20 Tracy Van Orden Director of Internal Audit 20 Ruben Flores Meter Reader 15 Clint Hess Foreman Communications 15 James Mc Dougall Ethics and Compliance Manager 15 Kellee Quick Accounting Analyst 15 Gabriel Sather Journeyman Meterman 15 Jared Schmautz Real Time Scheduler 15 John Wilcox Manager Resource Accounting 15 Michael Busby Manager IT Operations 10 Jessica Sjothun Fleet Assistant 10 William Stone Electric Engineer 10 Eric Atkinson Electric Contract Crew Inspector 5 Brady Hansen Journeyman Lineman 5 Jeff Jones System Engineer SG Security 5 Todd Kiesbuy Regional Business Manager 5 Ian McLelland External Financial Reporting Analyst 5 Mac Mikkelsen Hydro Safety & EAP Coordinator 5 Margie Richards Business Analyst 5 Michael Whitby Manager Gas Replacement Project 5 (Back to top) Snapshots of the week Send in your snapshots that depict work/life balance to employee.engagement@avistacorp.com. Be sure to include a brief description of your photo so we can share it in e.view. Page 6 of 10The Avista e.view June 8, 201 6 9 201http://avanet.avistacorp.com/news/company/eview/2016/0 -08-2016.as Staff_PR_010 Attachment A Page 6 of 10 The botanical gardens at Balboa Park by Kathleen Judd, fleet services. A snapshot of the Pullman Operations crew by Jenny Blaylock, area operations manager. (Back to top) AVAnet Poll and Calendars We asked . . . You answered Page 7 of 10The Avista e.view June 8, 201 6 9 201http://avanet.avistacorp.com/news/company/eview/2016/0 -08-2016.as Staff_PR_010 Attachment A Page 7 of 10 Our Vision - Delivering reliable energy service and the choices that matter most to our customers. Understanding the meaning and directional focus of our vision is more important than being able to recite it correctly word for word. You can access our company vision, purpose, principles, strategies and key focus areas here. How do you connect with our company vision? Share your ideas here. Have a poll question idea? Email your ideas to e.view editor Brandi Smith at employee.engagement@avistacorp.com. Page 8 of 10The Avista e.view June 8, 201 6 9 201http://avanet.avistacorp.com/news/company/eview/2016/0 -08-2016.as Staff_PR_010 Attachment A Page 8 of 10 What's Happening at Avista? 8: Vanguard Retirement Planning Workshop at the Mission Campus from 12 p.m. to 4 p.m. in the auditorium. This series of workshops is designed for employees over the age of 50 with 10 years of service or more. If you would like to attend, please email Keith Rust at Keith.Rust@avistacorp.com and indicate if your spouse will be attending. Your RSVP will allow us to order the appropriate number of workbooks. Details: You and your spouse are invited to a 4-hour Vanguard workshop designed to help you learn how to achieve the financial security that can help you realize the retirement of your dreams. This workshop covers the important financial decisions that are facing those close to retirement. The information will be presented by Steve Roberts from Vanguard. Avista benefit personnel will also be there for questions and answers. Sample of topics to be discussed: • Transition from full-time work to life beyond the job • Other lifestyle changes • Exploring how expenses will change in retirement • Looking at where the money will come from • What is a sustainable rate of withdrawal in retirement • Healthcare decisions Note: Videotaping of this presentation is not allowed so we will not be able to provide this information via the web etc. Please feel free to attend with your spouse if possible. 14: A modern master puts Spokane on the map. On Tuesday, June 14 in the Avista Auditorium, CK Anderson, in conjunction with the American Institute of Architects Spokane, will present “Inside & Outside the Box: The Uncompromising Vision of Kenneth W. Brooks.” Architectural historian Glenn Davis will conduct a tour of some of the historical aspects of our Mission Campus facility, designed by Brooks and fellow Spokane architect Bruce Walker. The event begins at 5:30 p.m. and is free and open to Avista employees and retirees. July 30: Company Picnic. The Avista Company picnic is a great way to celebrate as a team and to spend time with family. You and your immediate family are invited to Avista Stadium for a pre-game picnic. The stadium will be yours to enjoy along with food, prizes and fun for an hour and a half prior to the start of the baseball game.The picnic begins at 4 p.m. and the game is at 6:30 p.m.More information about how to order tickets is coming soon. Stay tuned-in to e.view. If you have an event that you would like to add to the "What's Happening at Avista" calendar, contact editor Brandi Smith. Diversity Calendar Provided by the Avista Diversity Ambassadors The United States is rich with diversity, which is reflected in the observances celebrated by its various cultures and populations. Knowledge of the following diversity holidays and celebrations can enhance Avista's workplace diversity and inclusion effort. If you are interested in being a Diversity Ambassador at Avista, please contact HR Recruiter, Jen Boettcher. January February March April May June July August September October November December Page 9 of 10The Avista e.view June 8, 201 6 9 201http://avanet.avistacorp.com/news/company/eview/2016/0 -08-2016.as Staff_PR_010 Attachment A Page 9 of 10 Corrections Section We are indeed a human powered company. Thank you for calling the following error(s) to our attention. While it is always our aim to have a publication free from factual, spelling or grammatical errors, they sometimes happen. Thanks for your eagle eyes. You can report any corrections you happen upon to e.view editor Brandi Smith. (Back to top) e.view and e.view EXTRA Click here for other e.view archives (If you have difficulty viewing graphics or attachments, go to Archives and click on the issue date.) You are encouraged to submit items of interest to Avista employees for publication in The Avista e.view. Send your news to Brandi Smith or call at extension 2874. © Avista Corp. 2016 All rights reserved Page 10 of 10The Avista e.view June 8, 201 6 9 201http://avanet.avistacorp.com/news/company/eview/2016/0 -08-2016.as Staff_PR_010 Attachment A Page 10 of 10 AVISTA CORPORATION RESPONSE TO REQUEST FOR INFORMATION JURISDICTION: IDAHO DATE PREPARED: 06/22/2016 CASE NO.: AVU-E-16-03 WITNESS: Elizabeth Andrews REQUESTER: IPUC RESPONDER: Paul Kimball TYPE: Production Request DEPARTMENT: State & Federal Regulation REQUEST NO.: Staff-010 TELEPHONE: (509) 495-4584 REQUEST: Please provide copies of all employee newsletters issued between 2012-2015. RESPONSE: The employee newsletter is the “e.view” which is emailed weekly to all employees. Please see Staff_PR_010 Attachment A for one copy of the newsletter, as a sample of the communications to the employees as they are too voluminous to print. All prior newsletters are available on the Company’s intranet. Staff will have digital access to these employee newsletters while onsite. Page 1 of 1 AVISTA CORPORATION RESPONSE TO REQUEST FOR INFORMATION JURISDICTION: IDAHO DATE PREPARED: 06/20/2016 CASE NO.: AVU-E-16-03 WITNESS: Mark Thies REQUESTER: IPUC RESPONDER: Margie Stevens TYPE: Production Request DEPARTMENT: Finance REQUEST NO.: Staff-011 TELEPHONE: (509) 495-8978 REQUEST: Please provide a matrix identifying the major capital expenditure approval levels that includes the dollar level of authorization by employee title, division, and company. Please include within your response the dollar level at which individual capital expenditures require approval by the Board of Directors or highest threshold available. RESPONSE: The Capital Planning Group (CPG), comprised of nine director-level employees from across the organization, is responsible for prioritizing capital expenditures, allocating funds and ultimately developing a recommended five-year capital plan. This five-year capital plan is discussed in detail with the Officer group and once agreement regarding funding is reached it is finalized for submittal to the Finance Committee of the Board of Directors (FC). Through this process the Officers are approving all funding through approval of the overall plan. The FC reviews the plan and also approves funding of the individual projects and programs by approval of the overall plan for the first year of the five year plan. The Officers have delegated the CPG authority to make reallocations throughout the year to accommodate revisions and new projects to the extent that the total approved capital budget is not exceeded. Any new projects over $10 million that were not part of the original approved plan need to be approved by the FC. AVISTA CORPORATION RESPONSE TO REQUEST FOR INFORMATION JURISDICTION: IDAHO DATE PREPARED: 06/17/2016 CASE NO: AVU-E-16-03 WITNESS: Elizabeth Andrews REQUESTER: IPUC RESPONDER: Ryan Finesilver TYPE: Production Request DEPARTMENT: State & Federal Regulation REQUEST NO.: Staff - 012 TELEPHONE: (509) 495-4873 REQUEST: Please provide an analysis of the sale of land and plant for the years 2014 - 2016 to date. Please show gains, losses, and supporting documentation including accounting entries for removal of items from rate base. RESPONSE: Please see Staff_PR_012 Attachment A for details regarding sales during 2014 – 2015. There has been no sale of land in 2016. Also see Avista’s response to Staff_DR_013. AVISTA CORPORATION RESPONSE TO REQUEST FOR INFORMATION JURISDICTION: IDAHO DATE PREPARED: 06/10/2016 CASE NO: AVU-E-16-03 WITNESS: Liz Andrews REQUESTER: IPUC RESPONDER: Ryan Finesilver TYPE: Production Request DEPARTMENT: State & Federal Regulation REQUEST NO.: Staff - 013 TELEPHONE: (509) 495-4873 REQUEST: Please provide details of any planned sales of land and/or plant for the remainder of 2016 and 2017. Please include within your response the estimated date of those sales and planned treatment (including accounting entries). RESPONSE: There are no planned sales of land and/or plant for the remainder of 2016 and 2017. AVISTA CORPORATION RESPONSE TO REQUEST FOR INFORMATION JURISDICTION: IDAHO DATE PREPARED: 06/15/2016 CASE NO: AVU-E-16-03 WITNESS: Elizabeth Andrews REQUESTER: IPUC RESPONDER: Ryan Finesilver TYPE: Production Request DEPARTMENT: State & Federal Regulation REQUEST NO.: Staff - 015 TELEPHONE: (509) 495-4873 REQUEST: Please provide a schedule showing injuries and damages for the years 2010-2016 to date. Please include within your response the description of each item, the amount for each item, and the account charged. RESPONSE: Please see Avista's response 015C, which contains TRADE SECRET, PROPRIETARY or CONFIDENTIAL information and exempt from public view and is separately filed under IDAPA 31.01.01, Rule 067 and 233, and Section 9-340D, Idaho Code, and pursuant to the Protective Agreement between Avista and IPUC Staff dated June 1, 2016. Please see Staff_PR_015C Confidential Attachment A for the requested information. Due to the voluminous nature of the response, descriptions for all Idaho claims over a $2,000 threshold have been provided. This accounts for $878,556.01 of the $1,030,238.61 of claims during the 2010-2016 YTD period. Staff_PR_023 Attachment A Page 1 of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taff_PR_023 Attachment B Page 1 of 1 Page 1 of 1 AVISTA CORPORATION RESPONSE TO REQUEST FOR INFORMATION JURISDICTION: IDAHO DATE PREPARED: 06/16/2016 CASE NO.: AVU-E-16-03 WITNESS: Mark Thies REQUESTER: IPUC RESPONDER: Adam Munson TYPE: Production Request DEPARTMENT: Finance REQUEST NO.: Staff - 023 TELEPHONE: (509) 495-2471 REQUEST: Please provide a copy of each adjusting journal entry proposed by the Company’s independent auditors in the two most recent audits of the Company. Please include within your response the documentation supporting these adjustments, and the documentation supporting any items that the Company decided to not adjust that are not reflected in the Company’s financial records and/or financial statements. RESPONSE: There were no adjusting entries proposed. Please see Staff_PR_023 Attachment A and B for the “passed upon” adjustments. Page 1 of 1 AVISTA CORPORATION RESPONSE TO REQUEST FOR INFORMATION JURISDICTION: IDAHO DATE PREPARED: 06/20/2016 CASE NO.: AVU-E-16-03 WITNESS: Elizabeth Andrews REQUESTER: IPUC RESPONDER: Adam Munson TYPE: Production Request DEPARTMENT: Corporate Accounting REQUEST NO.: Staff – 024 TELEPHONE: (509) 495-2471 REQUEST: Please provide a list of all leased items in 2015 and 2016 to date. Please separate capital leases from operating leases and show the dates, terms, amounts, and accounts used for each lease. RESPONSE: Please see Staff_PR_024 Attachment A for a list of all leased items in 2015 and 2016 year-to-date. AVISTA CORPORATION RESPONSE TO REQUEST FOR INFORMATION JURISDICTION: IDAHO DATE PREPARED: 06/16/2016 CASE NO.: AVU-E-16-03 WITNESS: Elizabeth Andrews REQUESTER: IPUC RESPONDER: Adam Munson TYPE: Production Request DEPARTMENT: Corporate Accounting REQUEST NO.: Staff - 025 TELEPHONE: (509) 495-2471 REQUEST: Please provide a schedule of prepaid items for 2015 showing amounts posted, vendor names, explanations, and accounts to which these items were booked. Please include within your response any significant changes to prepaid items (by account) occurring, or planned to occur, in 2016. RESPONSE: Please see Staff_PR_025 Attachment A for the prepaid and supporting documentation. AVISTA CORPORATION RESPONSE TO REQUEST FOR INFORMATION JURISDICTION: IDAHO DATE PREPARED: 06/22/2016 CASE NO.: AVU-E-16-03 WITNESS: Elizabeth Andrews REQUESTER: IPUC RESPONDER: Annette Brandon TYPE: Production Request DEPARTMENT: State & Federal Regulation REQUEST NO.: Staff – 026 TELEPHONE: (509) 495-4324 REQUEST: For each officer of the Company, please provide the total dollar amount of remuneration for 2012-2015, and 2016 and 2017 amounts included in the rate case. Please separate by year, salary, incentive pay, options, benefits, and other. For each officer, please provide the percentages of his or her total remuneration that are allocated to other subsidiaries along with the basis for that allocation. RESPONSE: Please see Avista's response 026C, which contains TRADE SECRET, PROPRIETARY or CONFIDENTIAL information and exempt from public view and is separately filed under IDAPA 31.01.01, Rule 067 and 233, and Section 9-340D, Idaho Code, and pursuant to the Protective Agreement between Avista and IPUC Staff dated June 1, 2016. Please see Staff_PR_026C Confidential Attachment A for total executive officer compensation 2012-2015. The data provided is categorized by individual executive officer, FERC account1, and expenditure type (regular payroll, paid time off, incentive). Benefits are part of an overall labor loader which is applied to the general ledger account where the direct labor charges originate. Overhead loaders are not tracked specific to individual employees. Please see the Company’s response to Staff_PR_027 Attachment F for total company benefit charges for 2012-2015. Incentive compensation for executive officers is charged to general ledger account 920 for metrics related to customers and 417 for metrics related to earnings-per-share. Please see the Company’s response to Staff_PR_027 Attachment G for incentive compensation broken down between non-executive officer and executive officer for 2012-2015. Please see the Company’s Pro-Forma adjustment No. 3.04 Pro-Forma Employee Benefits (including pension and medical) for calculation and 2.09 Restate Incentive for details of the incentive calculation. For 2016 executive officer salaries please see Andrews’ electronic work papers PF-Labor and Benefits/(2) (ID2016) FLB Labor-Executive. The basis for the pro-forma non-utility allocation is the prior year’s actual labor percentage of 17% non-utility and 83% utility. 1 Included within the data are charges to non-utility accounts (400 level) which are not included in the Company’s filed case. AVISTA CORPORATION RESPONSE TO REQUEST FOR INFORMATION JURISDICTION: IDAHO DATE PREPARED: 06/22/2016 CASE NO.: AVU-E-16-03 WITNESS: Elizabeth Andrews REQUESTER: IPUC RESPONDER: Annette Brandon TYPE: Production Request DEPARTMENT: State & Federal Regulation REQUEST NO.: Staff – 027 TELEPHONE: (509) 495-4324 REQUEST: Please provide the following direct labor related information as recorded for the twelve months ended December 31, 2011-2015. Information, where applicable, should be listed by O&M expense, other expense, construction and other account groups (listed by functional categories, i.e. generation, transmission, distribution, customer, A&G, etc.). Please provide the information on a system-wide basis, and on an Idaho electric and Idaho gas jurisdiction basis. The response should include wages and salaries for each employee category (officer, exempt, non-exempt, and union), paid time-off, overtime, bonuses, incentive pay, and overheads for pension, benefits, and payroll taxes. Please also include average and year-end number of employees by employee category. Include part-time and temporary employees as full-time equivalents. RESPONSE: Please see Staff_PR_027 Attachments A-E for 2011-2015 total labor charges, incentive compensation, and benefits for System and Idaho electric and Idaho natural gas. Data is organized by service (electric, gas north), FERC account and function (transmission, distribution, etc.). Benefit compensation is based on an overhead loader which is applied to the general ledger account the labor costs originate from. For ease of reference, please see Staff_PR_027 Attachment F for a summary of benefit compensation and Staff_PR_027 Attachment G for incentive compensation for 2011-2015. See Staff_PR_027 Attachment H for average and year end number of employees by employee category. Due to the voluminous nature, data is provided in electronic format only. Page 1 of 1 AVISTA CORPORATION RESPONSE TO REQUEST FOR INFORMATION JURISDICTION: IDAHO DATE PREPARED: 06/22/2016 CASE NO.: AVU-E-16-03 WITNESS: Elizabeth Andrews REQUESTER: IPUC RESPONDER: Annette Brandon TYPE: Production Request DEPARTMENT: State & Federal Regulation REQUEST NO.: Staff – 028 TELEPHONE: (509) 495-4324 REQUEST: Please provide the quantifiable savings from any cost/workforce reduction programs during the past five years. Please provide any additional workforce reduction programs planned for 2016-2017. RESPONSE: Please see Staff_PR_028 Attachment A for the net benefits/cost reductions associated with the Company’s 2012 Voluntary Severance Incentive Plan (VSIP). To mitigate the annual growth in operating expenses, Avista has ongoing hiring restrictions, which requires approval by the Chairman/President/CEO, the President of the Utility, the Chief Financial Officer, and the Sr. VP for Human Resources for all replacement or new hire positions. In addition to that noted above, in an effort to keep benefit costs down, effective January 1, 2014 the Company made changes to its retirement income (pension) and post-retirement medical plans offered to non-union employees, as follows: • For non-union employees, Avista no longer offers a pension plan for new hires (hired on or after January 1, 2014). Avista will make a contribution to a 401(K) fund established for the employee, but no longer offers a defined benefit pension plan that provides an annual annuity upon retirement. This reduces future utility operating costs associated with employee benefits. Changes to plans offered to the bargaining unit employees will be subject to future negotiations. • Avista no longer provides funding for post-retirement medical for non-union new hires (hired on or after January 1, 2014). In addition, for both existing and new hire non-union employees, when the retiree reaches age 65, Avista will no longer provide an Avista-sponsored medical plan. Through these changes Avista is transitioning out of funding medical coverage for retirees. • In 2016 and 2017, savings related to the Company’s changes in its pension and post- retirement medical plans on a system basis are estimated to be approximately $3.0 million and $3.5 million, respectively, with increasing annual savings expected going forward. These savings are reflected in the Company’s Pro Forma Studies, as the reduced level of labor from the VSIP is already reflected in the Company’s twelve-months ended December 2015 results of operations for Idaho, and the 2017 level of pension and post-retirement medical expenses have been reflected in the Pro Forma Employee Benefit adjustments (see Andrews Adjustments 3.03 & 3.04). Page 1 of 3 AVISTA CORPORATION RESPONSE TO REQUEST FOR INFORMATION JURISDICTION: IDAHO DATE PREPARED: 06/22/2016 CASE NO.: AVU-E-16-03 WITNESS: Elizabeth Andrews REQUESTER: IPUC RESPONDER: Annette Brandon TYPE: Production Request DEPARTMENT: State & Federal Regulation REQUEST NO.: Staff – 029 TELEPHONE: (509) 495-4324 REQUEST: Please summarize all benefit and retirement plans provided to any classification of Company employees. Please also include any changes that have occurred to the benefits/accruals during the past five years. RESPONSE: All regular employees, including executive officers, are eligible for the Company’s Qualified Defined Benefit plan (hires after 01.01.14 – see below), the Company’s 401(k) plan, health and dental coverage, Company-paid term life insurance, disability insurance, paid time off and paid holidays. This benefit package offers several choices as to the type of medical plan, dental plan, life insurance, etc to determine the best fit for their circumstances. These plans are designed to be competitive with the overall market practices and are in place to attract and retain the talent needed in the business. As with all portions of the plan, the Company works with a third-party administrator to determine the annual rates for the Company and for each individual employee based on their elections. Avista sponsors a self-funded medical benefit plan that provides various levels of coverage for medical, dental and vision. Avista encourages employees to take responsibility for their health care decisions and make lifestyle changes to avoid health care issues. The Company also encourages participants to adopt and maintain healthy lifestyles, and use health care wisely. Proactive programs are set up to help individuals change their behaviors and live a healthier life. The Company addresses this by using a health continuum; low risk (Wellness), moderate risk (Wellness, Lifestyle Health Coaching) and high risk (Disease Management, Case Management). Retirement programs are crucial to attracting and retaining a skilled workforce within the utility industry. The Company provides a defined benefit pension plan and a defined contribution plan (401k) to employees. For employees hired before January 1, 2014, The Company provides a defined benefit pension plan which provides a retirement benefit based upon employees’ compensation and years of credited service. The retirement benefit is based on a participant’s final average annual base salary for the highest 36 consecutive months during the last 120 months of service with the Company. Non- union employees hired on or after January 1, 2014 are no longer eligible to participate in this plan. All employees are eligible to participate in the defined contribution plan, or 401(k) plan which provides tax deferred savings providing partial matching of employee contributed dollars (except Page 2 of 3 for union employees). The matching feature encourages participation in the plan and provides incentive to maximize contributions to take full advantage of the Company match. As a result of the 2013 benefit plan review, the following changes were made which will result in long term reduction in expenses: • The defined benefit pension plan was revised such that as of January 1, 2014, the plan will be closed to all non-union employees hired or rehired by Avista on or after January 1, 2014. All actively employed non-union employees that were hired prior to January 1, 2014, are currently covered under the defined benefit pension plan, and will continue accruing benefits as originally specified in the plan. A defined contribution 401(k) plan will replace the defined benefit pension plan for all non-union employees hired or rehired on or after January 1, 2014. Under the defined contribution plan the Company will provide a non-elective contribution as a percentage of each employee’s pay based on his or her age. This defined contribution is in addition to the existing 401(k) contribution in which we match a portion of the pay deferred by each participant. • Revisions were made to the lump sum calculation effective January 1, 2014, for non-union participants who retire under the defined pension plan. The lump sum amount is equivalent to the present value of the annuity based upon applicable discount rates. • The health care benefit plan was also revised for non-union employees hired or rehired on or after January 1, 2014. Upon retirement, the Company will no longer provide a contribution toward the medical premiums for these employees. We will provide access to the retiree medical plan, but the non-union employees hired or rehired on or after January 1, 2014 will pay the full cost of premiums upon retirement. • Also beginning in January 1, 2020 the method of calculating health insurance premiums for non-union retirees under age 65 and active Company employees will be revised. The revisions will result in separate health insurance premium calculations for each group. In addition, executives are offered the following benefits: 1. Supplemental Executive Officer Retirement Plan (SERP) In addition to the Company’s retirement plan for all employees, the Company provides additional pension benefits through the SERP to executive officers of the Company who have attained the age of 55 and a minimum of 15 years of credited service with the Company. The costs associated with SERP are excluded from retail rates. 2. Deferred Compensation The Executive Officer Deferred Compensation plan provides the opportunity to defer up to 75% of base salary and up to 100% of cash bonuses for payment at a future date. This plan is competitive in the market, and provides eligible employees and executive officers with a tax-efficient savings method. The costs associated with Deferred Compensation are excluded from retail rates. Avista regularly participates in a comprehensive benefit study, BENEVAL, conducted by Towers Watson which compares the total value of our benefit package to the total benefit value of our peers. This study is comparable to the peer group benchmarking conducted annually for direct compensation. Page 3 of 3 The Company’s process for determining executive pay and benefits effectively manages the costs associated with total executive compensation while meeting the Company’s goal of recruiting and retaining the executive officers needed to efficiently manage the Company. AVISTA CORPORATION RESPONSE TO REQUEST FOR INFORMATION JURISDICTION: IDAHO DATE PREPARED: 06/22/2016 CASE NO.: AVU-E-16-03 WITNESS: Elizabeth Andrews REQUESTER: IPUC RESPONDER: Annette Brandon TYPE: Production Request DEPARTMENT: State & Federal Regulation REQUEST NO.: Staff – 030 TELEPHONE: (509) 495-4324 REQUEST: Please provide the amount of Supplemental Executive Retirement Plan expense, if any, that is included in the test year. RESPONSE: No Supplemental Executive Retirement Plan expenses have been included in the test year. Staff_PR_031 Attachment A Page 1 of 34 Staff_PR_031 Attachment A Page 2 of 34 Staff_PR_031 Attachment A Page 3 of 34 Staff_PR_031 Attachment A Page 4 of 34 Staff_PR_031 Attachment A Page 5 of 34 Staff_PR_031 Attachment A Page 6 of 34 Staff_PR_031 Attachment A Page 7 of 34 Staff_PR_031 Attachment A Page 8 of 34 Staff_PR_031 Attachment A Page 9 of 34 Staff_PR_031 Attachment A Page 10 of 34 Staff_PR_031 Attachment A Page 11 of 34 Staff_PR_031 Attachment A Page 12 of 34 Staff_PR_031 Attachment A Page 13 of 34 Staff_PR_031 Attachment A Page 14 of 34 Staff_PR_031 Attachment A Page 15 of 34 Staff_PR_031 Attachment A Page 16 of 34 Staff_PR_031 Attachment A Page 17 of 34 Staff_PR_031 Attachment A Page 18 of 34 Staff_PR_031 Attachment A Page 19 of 34 Staff_PR_031 Attachment A Page 20 of 34 Staff_PR_031 Attachment A Page 21 of 34 Staff_PR_031 Attachment A Page 22 of 34 Staff_PR_031 Attachment A Page 23 of 34 Staff_PR_031 Attachment A Page 24 of 34 Staff_PR_031 Attachment A Page 25 of 34 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Staff_PR_031 Attachment B Page 17 of 32 Staff_PR_031 Attachment B Page 18 of 32 Staff_PR_031 Attachment B Page 19 of 32 Staff_PR_031 Attachment B Page 20 of 32 Staff_PR_031 Attachment B Page 21 of 32 Staff_PR_031 Attachment B Page 22 of 32 Staff_PR_031 Attachment B Page 23 of 32 Staff_PR_031 Attachment B Page 24 of 32 Staff_PR_031 Attachment B Page 25 of 32 Staff_PR_031 Attachment B Page 26 of 32 Staff_PR_031 Attachment B Page 27 of 32 Staff_PR_031 Attachment B Page 28 of 32 Staff_PR_031 Attachment B Page 29 of 32 Staff_PR_031 Attachment B Page 30 of 32 Staff_PR_031 Attachment B Page 31 of 32 Staff_PR_031 Attachment B Page 32 of 32 Retirement Plan for Employees of Avista Corporation January 2013 Staff_PR_031 Attachment C Page 1 of 32 Staff_PR_031 Attachment C Page 2 of 32 Retirement Plan for Employees of Avista Corporation i January 2013 Table of Contents Purpose and actuarial statement..........................................................................................................1 Section 1 : Summary of key results......................................................................................................3 Benefit cost, assets & obligations ......................................................................................................3 Comments on results .........................................................................................................................4 Participant information........................................................................................................................5 Section 2 : Accounting exhibits............................................................................................................7 2.1 Disclosed benefit cost ..............................................................................................................7 2.2 Balance sheet asset/(liability) ..................................................................................................8 2.3 Accumulated other comprehensive (income)/loss...................................................................9 2.4 Additional disclosure information ...........................................................................................10 2.5 Changes in disclosed liabilities and assets............................................................................11 2.6 Reconciliation of net balances ...............................................................................................12 2.7 Reconciliation with prior year’s disclosure .............................................................................13 Section 3 : Data exhibits......................................................................................................................15 3.1 Plan participant data ..............................................................................................................15 3.2 Age and service distribution of participating employees........................................................16 Appendix A............................................................................................................................................17 Statement of actuarial assumptions and methods ...........................................................................17 Appendix B............................................................................................................................................23 Summary of principal plan provisions ..............................................................................................23 Appendix C............................................................................................................................................27 Glossary ...........................................................................................................................................27 Staff_PR_031 Attachment C Page 3 of 32 ii Retirement Plan for Employees of Avista Corporation Towers Watson Confidential This page is intentionally blank Staff_PR_031 Attachment C Page 4 of 32 Retirement Plan for Employees of Avista Corporation 1 January 2013 Purpose and actuarial statement As requested by Avista Corporation (Avista), this report provides information for disclosure purposes required by FASB Accounting Standards Codification Topic 715 (ASC 715) for your fiscal year ending December 31, 2012 for the Retirement Plan for Employees of Avista Corporation (the Plan). The exhibits present year-end disclosure information in accordance with ASC 715-20-50, including net balance sheet position of the Plan, cash flow, Plan asset information, amortization amounts during the fiscal year, participant information, the provisions on which the valuation is based, and the actuarial assumptions and methods used in the calculations. Additional input is required by Avista in relation to the plan asset disclosures specified in ASC 715-20-50-1(d) (public entities). This year-end disclosure report supplements the Net Periodic Benefit Cost/(Income) report that was previously provided to Avista Corporation. These two reports should be considered together as a complete report for the Plan for your fiscal year ending December 31, 2012. See the Net Periodic Benefit Cost/(Income) report for additional discussion of the nature of actuarial calculations and more information related to participant data. Accumulated other comprehensive (income)/loss amounts shown in the report are shown prior to adjustment for deferred taxes. Any such deferred tax allowance should be made in consultation with Avista’s tax advisors and auditors. This report is provided subject to the terms set out herein and in our engagement letter dated January 4, 2003 and the accompanying General Terms and Conditions of Business. This report is provided solely for Avista’s use and for the specific purposes indicated above. It may not be suitable for use in any other context or for any other purpose. Except where we expressly agree in writing, this report should not be disclosed or provided to any third party, other than as provided below. In the absence of such consent and an express assumption of responsibility, no responsibility whatsoever is accepted by us for any consequences arising from any third party relying on this report or any advice relating to its contents. Avista may make a copy of this report available to its auditors, but we make no representation as to the suitability of this report for any purpose other than that for which it was originally provided and accept no responsibility or liability to Avista’s auditors in this regard. Avista should draw the provisions of this paragraph to the attention of its auditors when passing this report to them. In preparing these results, we have relied upon information and data provided to us orally and in writing by Avista Corporation and other persons or organizations designated by Avista Corporation. We have relied on all the data and information provided, including Plan provisions, membership data and asset information, as being complete and accurate. We have not independently verified the accuracy or completeness of the data or information provided, but we have performed limited checks for consistency. The results summarized in this report involve actuarial calculations that require assumptions about future events. Avista Corporation is responsible for the selection of the assumptions. We believe that the assumptions used in this report are reasonable for the purposes for which they have been used. Staff_PR_031 Attachment C Page 5 of 32 2 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential In our opinion, all calculations are in accordance with US GAAP and the procedures followed and the results presented are in conformity with applicable actuarial standards of practice. The undersigned consulting actuaries are members of the Society of Actuaries and meet the “Qualification Standards for Actuaries Issuing Statements of Actuarial Opinion in the United States” relating to pension plans. Our objectivity is not impaired by any relationship between the plan sponsor and our employer, Towers Watson Delaware Inc. Susan E. Hedrick, FSA, EA Senior Consulting Actuary Towers Watson Erik A. Heiskanen, ASA, EA Consulting Actuary Towers Watson January 2013 K:\Avista\Db1\Rept\2012\2012 Pension Disclosure.docx Staff_PR_031 Attachment C Page 6 of 32 Retirement Plan for Employees of Avista Corporation 3 January 2013 Section 1: Summary of key results Benefit cost, assets & obligations All monetary amounts shown in US Dollars Fiscal Year Beginnin 01/01/2012 01/01/2011 Benefit Cost/ (Income) Net Periodic Benefit Cost/(Income) 25,795,032 20,956,583 Immediate Recognition of Benefit Cost/(Income) due to Special Events1 0 400,000 Total Benefit Cost/(Income)25,795,032 21,356,583 Measurement Date 12/31/2012 12/31/2011 Plan Asset Fair Value of Assets (FVA)406,061,372 328,149,754 Market Related Value of Assets (MRVA)406,061,372 328,149,754 Return on Fair Value Assets during Prior Year 15.769%4.716% Benefit Obligations Accumulated Benefit Obligation (ABO)(481,327,417) (406,107,812) Projected Benefit Obligation (PBO)(556,525,469) (468,149,118) Funded Ratio Fair Value of Assets to ABO 84.4%80.8% Fair Value of Assets to PBO 73.0%70.1% Accumulated Other Comprehensive (Income)/Loss Net Transition Obligation/(Asset)0 0 Net Prior Service Cost/(Credit)319,064 665,264 Net Loss/(Gain)213,082,098 184,066,197 Total Accumulated Other Comprehensive (Income)/Loss 213,401,162 184,731,461 Assumptions2 Discount Rate 4.150%5.050% Expected Long-term Return on Plan Assets 6.950% 7.400% Rate of Compensation/Salary Increase 3.000% - 19.000% 3.000% - 19.000% Pension Increase for In-Payment Benefits N/A N/A Participant Dat Census Date 01/01/2012 01/01/2011 1 Additional benefits provided to former CP National employees.2 Rates are expressed on an annual basis where applicable.3 Census data as of January 1, 2012 with updates to reflect the voluntary severance program based on data provided by the plan sponsor. Staff_PR_031 Attachment C Page 7 of 32 4 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential Comments on results The actuarial loss due to demographic experience, including any assumption changes during the prior year was $70,070,047. The actuarial gain due to investment return different from assumed during the prior year was $30,508,570. The accumulated other comprehensive income prior to tax adjustment increased from $184,731,461 as of December 31, 2011 to $213,401,162 as of December 31, 2012. The increase resulted primarily from the change in discount rate, and was offset by the gain from investment experience. Plan provisions and assumptions Appendix A outlines the assumptions and methods used in the valuation. The following assumption changes are effective December 31, 2012: The discount rate used to value plan liabilities changed from 5.05% to 4.15%. The plan’s mortality assumption was updated to reflect mortality improvements through 2013. The mortality assumption used in the prior valuation assumed mortality improvements through 2012. The interest rate for valuing lump sums changed from 6.0% in all future years, to 4.0% in 2013 increasing 0.5% per year to the ultimate rate of 6.0% in 2017 and beyond. There were no other changes to the assumptions and methods since the January 1, 2012 benefit cost report. There were 54 active participants as of January 1, 2012 that were included on the list of employees electing the voluntary severance program during 2012 provided by Avista on January 2, 2013. These participants were valued as retirees and deferred vested participants effective January 1, 2013 for the December 31, 2012 disclosure results. This change increased the Projected Benefit Obligation by $2,023,650 as of December 31, 2012. This event was not treated as a curtailment. Appendix B outlines our understanding of the principal provisions of the Plan being valued. There were no changes to the principal provisions of the Plan since January 1, 2012. Staff_PR_031 Attachment C Page 8 of 32 Retirement Plan for Employees of Avista Corporation 5 January 2013 Participant information Participant data used in the actuarial valuation are summarized below along with comparable information from the prior Census Date. All monetary amounts shown in US Dollars Measurement Date Census Date 12 31/2012 01/01/2012 12/31 2011 01/01/2011 Participatin Number 1,468 1,459 Employee Average Annual Plan Compensation/Salary (limited) 75,846 72,777 Average Age 46.90 47.07 Average Credited Service 14.98 15.32 Participants with Number 265 279 Deferred Benefit Average Annual Deferred Benefits 6,894 6,359 Participants Receiving Number 1,056 1,004 Benefit Average Annual Benefit Payments 16,148 16,226 1 There were 54 active participants as of January 1, 2012 that were included on the list of employees electing the voluntary severance program during 2012 provided by Avista on January 2, 2013. These participants were valued as retirees and participants with deferred benefits effective January 1, 2013 for the December 31, 2012 disclosure results. Staff_PR_031 Attachment C Page 9 of 32 6 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential This page is intentionally blank Staff_PR_031 Attachment C Page 10 of 32 Retirement Plan for Employees of Avista Corporation 7 January 2013 Section 2: Accounting exhibits 2.1 Disclosed benefit cost All monetary amounts shown in US Dollars Fiscal Year Endin 12/31/2012 12/31/2011 Disclosed Benefit Cost 1 Employer service cost 15,585,349 12,835,036 2 Interest cost 23,128,160 22,872,891 3 Expected return on assets (23,810,253)(23,115,182) 4 Subtotal 14,903,256 12,592,745 5 Net transition obligation/(asset) amortization 0 0 6 Net prior service cost/(credit) amortization 346,200 474,663 7 Net loss/(gain) amortization 10,545,576 7,889,175 8 Amortization subtotal 10,891,776 8,363,838 9 Net periodic benefit cost/(income)25,795,032 20,956,583 10 Cost of curtailments 0 0 11 Cost of settlements 0 0 12 Cost of special benefits 0 400,000 13 Disclosed benefit cost 25,795,032 21,356,583 B Assumptions Used to Determine Benefit Cost2 1 Discount rate 5.050%5.700% 2 Long-term rate of return on assets 6.950%7.400% 3 Rate of compensation/salary increase 3.000% - 19.000% 3.000% - 19.000% 1 Additional benefits provided to former CP National employees.2 These assumptions were used to calculate Net Periodic Benefit Cost/(Income) as of the beginning of the year. Rates are expressed on an annual basis where applicable. See Appendix A for interim measurements, if any. Staff_PR_031 Attachment C Page 11 of 32 8 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential 2.2 Balance sheet asset/(liability) All monetary amounts shown in US Dollars Fiscal Year Endin 12/31/2012 12/31/2011 Development of Balance Sheet Asset/(Liability) 1 Projected benefit obligation (PBO)(556,525,469) (468,149,118) 2 Fair value of assets (FVA)406,061,372 328,149,754 3 Net balance sheet asset/(liability)(150,464,097) (139,999,364) B Current and Noncurrent Allocation 1 Noncurrent assets 0 0 2 Current liabilities 0 0 3 Noncurrent liabilities (150,464,097) (139,999,364) 4 Net balance sheet asset/(liability)(150,464,097) (139,999,364) C Reconciliation of Net Balance Sheet Asset/(Liability) 1 Net balance sheet asset/(liability) at end of prior fiscal year (139,999,364) (103,230,170) 2 Employer service cost (15,585,349)(12,835,036) 3 Interest cost (23,128,160)(22,872,891) 4 Actual return on assets 54,318,823 14,704,702 5 Plan amendments 0 0 6 Actuarial gain/(loss)(70,070,047)(41,365,969) 7 Employer contributions 44,000,000 26,000,000 8 Benefits paid directly by Avista 0 0 9 Acquisitions/divestitures 0 0 10 Curtailments 0 0 11 Settlements 0 0 12 Special benefits 0 (400,000) 13 Net balance sheet asset /(liability) at end of current fiscal year (150,464,097) (139,999,364) D Assumptions and Dates Used at Disclosure 1 Discount rate 4.150%5.050% 2 Rate of compensation/salary increase 3.000% - 19.000% 3.000% - 19.000% 3 Census date 01/01/2012 01/01/2011 1 Additional benefits provided to former CP National employees.2 Rates are expressed on an annual basis where applicable. Staff_PR_031 Attachment C Page 12 of 32 Retirement Plan for Employees of Avista Corporation 9 January 2013 2.3 Accumulated other comprehensive (income)/loss All monetary amounts shown in US Dollars Fiscal Year Endin 12/31/2012 12/31/2011 Accumulated Other Comprehensive (Income)/Los 1 Net transition obligation/(asset)0 0 2 Net prior service cost/(credit)319,064 665,264 3 Net loss/(gain)213,082,098 184,066,197 4 Accumulated other comprehensive (income)/loss1 213,401,162 184,731,461 B Development of Accumulated Othe Comprehensive (Income)/Loss (AOCI) 1 AOCI at prior fiscal year end 184,731,461 143,318,850 2 Less amounts amortized during the year a Net transition obligation/(asset)0 0 b Net prior service cost/(credit)346,200 474,663 c Net loss/(gain)10,545,576 7,889,175 3 Occurring during the year a Net prior service cost/(credit)0 0 b Net loss/(gain)39,561,477 49,776,449 4 AOCI at current fiscal year end 213,401,162 184,731,461 1 Amount shown is pre-tax and should be adjusted by plan sponsor for tax effects. Staff_PR_031 Attachment C Page 13 of 32 10 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential 2.4 Additional disclosure information All monetary amounts shown in US Dollars A Accumulated Benefit Obligation (ABO) 1 ABO at current fiscal year end (481,327,417) 2 ABO at prior fiscal year end (406,107,812) B Expected Future Benefit Payment 1 During fiscal year ending 12/31/2013 23,158,595 2 During fiscal year ending 12/31/2014 22,918,151 3 During fiscal year ending 12/31/2015 23,983,843 4 During fiscal year ending 12/31/2016 25,077,351 5 During fiscal year ending 12/31/2017 26,278,255 6 During fiscal year ending 12/31/2018 through 12/31/2022 153,338,227 C Expected Contributions during fiscal year ending December 31, 2013 Employer 44,000,000 D Expected Amortization Amounts during fiscal year ending December 31, 20131 1 Amortization of net transition obligation/(asset)0 2 Amortization of net prior service cost/(credit)319,064 3 Amortization of net loss/(gain)12,298,415 1 These amounts have been determined assuming there are no special events, plan amendments, assumption changes, or actuarial losses/(gains) during the upcoming fiscal year. Staff_PR_031 Attachment C Page 14 of 32 Retirement Plan for Employees of Avista Corporation 11 January 2013 2.5 Changes in disclosed liabilities and assets All monetary amounts shown in US Dollars Fiscal Year Endin 12/31/2012 12/31/2011 Change in Projected Benefit Obligation (PBO) 1 PBO at prior fiscal year end 468,149,118 409,942,399 2 Employer service cost 15,585,349 12,835,036 3 Interest cost 23,128,160 22,872,891 4 Actuarial loss/(gain)70,070,047 41,365,969 5 Plan participants’ contributions 0 0 6 Benefits paid from plan assets (20,407,205)(19,267,177) 7 Benefits paid from Avista 0 0 8 Administrative expenses paid 0 0 9 Plan change 0 0 10 Acquisitions/divestitures 0 0 11 Curtailments 0 0 12 Settlements 0 0 13 Special benefits 0 400,000 14 PBO at current fiscal year end 556,525,469 468,149,118 B Change in Plan Asset 1 Fair value of assets at prior fiscal year end 328,149,754 306,712,229 2 Actual return on assets 54,318,823 14,704,702 3 Employer contributions 44,000,000 26,000,000 4 Plan participants’ contributions 0 0 5 Benefits paid (20,407,205)(19,267,177) 6 Administrative expenses paid 0 0 7 Acquisitions/divestitures 0 0 8 Settlements 0 0 9 Special benefits 0 0 10 Fair value of assets at current fiscal year end 406,061,372 328,149,754 1 Additional benefits provided to former CP National employees. Staff_PR_031 Attachment C Page 15 of 32 Staff_PR_031 Attachment C Page 16 of 32 Staff_PR_031 Attachment C Page 17 of 32 Staff_PR_031 Attachment C Page 18 of 32 Retirement Plan for Employees of Avista Corporation 15 January 2013 Section 3: Data exhibits 3.1 Plan participant data All monetary amounts shown in US Dollars Censu Date 01/01/2012 01/01/2011 Participating Employee 1 Number 1,468 1,459 2 Total annual plan compensation/salary 111,341,444 106,181,784 3 Average plan compensation/salary 75,846 72,777 4 Average age (years) 46.90 47.07 5 Average credited service (years) 14.98 15.32 B Participants with Deferred Benefit 1 Number 265 279 2 Total annual pension 1,826,898 1,774,229 3 Average annual pension 6,894 6,359 4 Average age (years)54.69 54.30 5 Distribution at January 1, 2012 Age Numbe Annual Pension Under 40 14 61,253 40-44 10 60,467 45-49 42 319,109 50-54 60 461,591 55-59 67 440,386 60-64 67 453,316 65 and over 5 30,776 C Participants Receiving Benefits 1 Number 1,056 1,004 2 Total annual pension 17,051,830 16,290,756 3 Average annual pension 16,148 16,226 4 Average age (years)73.76 73.83 5 Distribution at January 1, 2012 Age Numbe Annual Pension Under 55 7 58,583 55-59 55 1,219,025 60-64 165 4,706,415 65-69 255 4,140,027 70-74 149 2,257,866 75-79 133 1,838,538 80-84 123 1,220,472 85 and over 169 1,610,904 1 There were 54 active participants as of January 1, 2012 that were included on the list of employees electing the voluntary severance program during 2012 provided by Avista on January 2, 2013. These participants were valued as retirees and deferred vested participants effective January 1, 2013 for the December 31, 2012 disclosure results. Staff_PR_031 Attachment C Page 19 of 32 Staff_PR_031 Attachment C Page 20 of 32 Retirement Plan for Employees of Avista Corporation 17 January 2013 Appendix A Statement of actuarial assumptions and methods Plan Sponsor Avista Corporation Statement of Assumptions The assumptions disclosed in this Appendix are for the fiscal year ending December 31, 2012 disclosure. Discount Rate 4.15% Expected Long-Term Return on Assets 6.95% for 2012 Compensation/Salary Increases Future compensation will increase at the following rates, compounded annually. Ag Rat Below 25 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 19.0% 10.5% 7.5% 6.0% 5.0% 4.5% 3.7% 3.5% 3.0% Future Increases in Social Security Not applicable Staff_PR_031 Attachment C Page 21 of 32 18 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential Future Increases in Maximum Benefits and Plan Compensation/Salary Limitations It is assumed that maximum benefit and plan compensation limitations will increase 3.00% per year in the future. Inclusion Date The valuation date coincident with or next following the date on which the employee becomes a participant. Administrative Expenses The amount included this year for administrative expenses is $0. Mortality The mortality tables are the RP-2000 Combined Healthy Mortality for males and females, with mortality improvements projected to 2013 using scale AA separately for males and females. Retirement It is assumed that participants will retire upon becoming eligible for normal retirement. The rates at which participants are assumed to retire by age are shown below: Age Rate 55 10.0% 56 5.0 57 5.0 58 10.0 59 10.0 60 10.0 61 25.0 62 30.0 63 25.0 64 40.0 65 100.0 Disability Rates Rates of disability are based on experience from 1976 to 1980 under Group LTD plans as reported under the transactions of the Society of Actuaries. Disabled annuitant mortality is assumed to be the same as healthy life mortality at age 70 and over, but the mortality rates at lower ages are assumed to be equal to the age 70 rates. Staff_PR_031 Attachment C Page 22 of 32 Retirement Plan for Employees of Avista Corporation 19 January 2013 Disabled Mortality The disability mortality table is 1992 Railroad Retirement Board Disabled Annuitants. Representative Termination Rates (not due to disability, retirement or mortality) The rates at which participants are assumed to leave Avista Corporation by age are shown below: Attained Age Rate Less than 25 4.0% 25-29 3.5 30-34 3.0 35-39 2.0 40-44 1.5 45-49 1.0 50-54 1.0 55-59 0.5 60-64 0.5 65 and over 0.0 Form of Payment It is assumed that 50% of non-retirement-eligible participants elect a lump sum benefit and 50% elect an annuity benefit payable in the normal form. Among retirement eligible participants, it is assumed that 5% elect a lump sum and 95% elect an annuity payable in the normal form. Lump sums were valued using an interest rate of 4.0% in 2013 increasing 0.5% per year to the ultimate rate of 6.0% in 2017 and beyond, and the unisex PPA 2013 Applicable Mortality Table as prescribed by IRS Notice 2008-35. Marriage For purposes of valuing the pre-retirement surviving spouse’s benefit, 85% of eligible male participants are assumed to be married and 70% of eligible female participants are assumed to be married. Male participants are assumed to be 3 years older than their spouses and female participants are assumed to be 3 years younger than their spouses. Employees It was assumed that there will be no new or rehired employees. Staff_PR_031 Attachment C Page 23 of 32 20 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential Plan Compensation/Salary Compensation assumed paid in the current year beginning on the valuation date is the prior year pay increased by the assumed compensation increase rate. Cost Method The Projected Unit Credit Cost Method is used to determine the present value of the Projected Benefit Obligation and the related current service cost. Under this method, a “projected accrued benefit” is calculated based upon service as of the date of valuation, but when the benefit formula is based on future compensation and social security levels, using assumptions about the growth of those amounts projected to the age at which the employee is assumed to leave active service. In normal circumstances the "projected accrued benefit" is based upon the Plan's accrual formula. However, if service in later years leads to a materially higher level of benefit than in earlier years, the "projected accrued benefit" is calculated by attributing benefits on a straight-line basis over the relevant period. Asset Method The fair value of assets is used to determine the expected investment return during the year. Participant Data Participant data was supplied by Avista Corporation as of the census date. Information on 54 active participants terminating employment through a voluntary severance program during 2012 was provided by Avista Corporation on January 2, 2013. Census Date/Measurement Date The measurement date is December 31, 2012. For purposes of determining benefit obligations as of the measurement date, participant data as of the census date, January 1, 2012 are used. Benefit obligations are projected to the measurement date by assuming no actuarial gains or losses in the interim, except for those assumption changes necessary to reflect the situation at the measurement date. To the best of our knowledge, there were no significant events that would render the projection inappropriate. There were 54 active participants as of January 1, 2012 that were included on the list of employees electing the voluntary severance program during 2012 provided by Avista on January 2, 2013. These participants were valued as retirees and deferred vested participants effective January 1, 2013 for the December 31, 2012 disclosure results. Amortization of Net Gain or Loss Amortization of the net gain or loss resulting from experience different from that assumed and from changes in assumptions (excluding asset gains and losses not yet reflected in market-related value) is included as a component of Net Periodic Benefit Cost/(Income) for the year. Staff_PR_031 Attachment C Page 24 of 32 Retirement Plan for Employees of Avista Corporation 21 January 2013 If, as of the beginning of the year, that net gain or loss exceeds 10% of the greater of the projected benefit obligation and the market-related value of plan assets, the amortization is that excess divided by the average remaining service period of participating employees expected to receive benefits under the plan. Amortization of Net Prior Service Cost/(Credit) Amortization of net prior service cost/(credit) resulting from a plan change is included as a component of Net Periodic Benefit Cost/(Income) in the year first recognized and every year thereafter until such time as it is fully amortized. The annual amortization payment is determined in the first year as the increase in Projected Benefit Obligation due to the plan change divided by the average remaining service period of participating employees expected to receive benefits under the Plan. However, when the plan change decreases the Projected Benefit Obligation, existing positive prior service costs and then, transition obligation are reduced or eliminated before a prior service credit base is posted starting with the earliest established. Benefits Not Included in Valuation None. All benefits described in the Plan Provisions section of this report were valued based on discussions with Avista Corporation. Towers Watson has reviewed the plan provisions with Avista Corporation and, based on that review, is not aware of any significant benefits required to be valued that were not. Nature of Actuarial Calculations The results documented in this report are estimates based on data that may be imperfect and on assumptions about future events. Certain plan provisions may be approximated or deemed insignificant and therefore are not valued. Assumptions may be made about participant data or other factors. Reasonable efforts were made in this valuation to ensure that items that are significant in the context of the actuarial liabilities or costs are treated appropriately, and not excluded or included inappropriately. We believe that the use of approximations in our calculations, if any, has not resulted in a significant difference relative to the results we would have obtained by using more detailed calculations. A range of results, different from those presented in this report could be considered reasonable. The numbers are not rounded, but this is for convenience only and should not imply precision, which is not inherent in actuarial calculations. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as: plan experience differing from that anticipated by the economic or demographic assumptions changes in economic or demographic assumptions increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period or additional cost based on the funded status) Staff_PR_031 Attachment C Page 25 of 32 22 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential changes in plan provisions or applicable law significant events since last actuarial valuation Significant Events since Last Actuarial Valuation Report None. Changes in Assumptions and Methods since Last Actuarial Valuation Report Effective December 31, 2012, the discount rate was changed from 5.05% to 4.15%. Effective December 31, 2012, the plan’s mortality assumption was updated to reflect mortality improvements through 2013. The mortality assumption used in the prior valuation assumed mortality improvements through 2012. The interest rate for valuing lump sums changed from 6.0% in all future years, to 4.0% in 2013 increasing 0.5% per year to the ultimate rate of 6.0% in 2017 and beyond. Staff_PR_031 Attachment C Page 26 of 32 Retirement Plan for Employees of Avista Corporation 23 January 2013 Appendix B Summary of principal plan provisions Plan Provisions The plan was originally effective March 1, 1948, restated as of January 1, 2010. Coverage and Participation An employee becomes a Member after completing a year of service with at least 1,000 hours of Service. Local 77 Member: A member of IBEW Local 77 or a member of Local 77 who transferred out of membership in Local 77 and remained employed. A rehired former Local 77 member hired into a position not covered by IBEW Local 77 shall not be treated as a Local 77 member. Definitions Vesting service One month of Vesting Service for each month of employment. Credited service Prior to 1/1/80 One month of Benefit Service for each month of employment beginning on or after the Hire Date. After 1/1/80 One year of Benefit Service for each Plan Year after the Hire Date in which the Member has 2,080 Hours of Service. Partial credit is given for a year in which the Member has at least 1,000 Hours of Service at the rate of one-twelfth of a year for each 173-1/3 Hours of Service (rounded up). Pension Earnings Base pay excluding overtime and other special compensation, but including contributions to a 401(k) plan. Final average earnings The average of the highest consecutive 36 months earnings during Member’s last 120 months. Normal retirement date (NRD) The first day of the month coinciding with or next following the late of 1) 65th birthday, or 2) 5 years since the first day of hire. Monthly pension benefit For non-Local 77 participants hired on or after January 1, 2006 and Local 77 members hired on or after January 1, 2011, the benefit is 1.2% of Final Average Earnings for each year of Benefit Service. For all other participants, the benefit is 1.5% of Final Average Earnings for each year of Benefit Service. Staff_PR_031 Attachment C Page 27 of 32 24 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential Monthly preretirement death benefit The amount of a surviving spouse’s pension benefit shall be equal to 66-2/3% of the Member’s Accrued Benefit until the spouse reaches age 60 and shall be equal to 50% of the Member’s Accrued Benefit thereafter. Eligibility for Benefits Normal retirement Retirement on NRD Early retirement Eligibility A: Attained age 55 prior to termination with at least 15 years Vesting Service. Eligibility B: Attained age 55 after termination with at least 15 years of Vesting Service. Postponed retirement Continued employment beyond Normal Retirement Date. Vested termination Five years of Vesting Service. Disability Five Years of Vesting Service and a disability which prevents the Member from performing assigned duties and which is expected to be a permanent condition. Pre-retirement death benefit Death while eligible for normal, early, postponed, or deferred vested retirement benefits. Benefits Paid Upon the Following Events Normal retirement Monthly pension benefit determined as of NRD. Early retirement Benefit A: Accrued benefit based on Benefit Service to early retirement date payable in full at or after age 62. If payments commence immediately at date of early retirement the benefit is multiplied by the appropriate factor from the following table: Retirement Factor Table A Age Non-Local 77 Member Hired before 1/1/2006 or Local 77 Member Hired Before January 1, 2011 Non-Local 77 Member Hired on/after 1/1/2006 and Local 77 Member Hired on/after January 1, 2011 62 100%100% 61 96 95 60 92 90 59 88 85 58 84 80 57 80 75 56 76 70 55 72 65 For non-Local 77 participants hired before 1/1/2006 or Local 77 members hired before January 1, 2011, the Early Retirement Factor is increased, up to a maximum of 100%, by 1.0% (one percentage point) for each year of benefit service above 15. Staff_PR_031 Attachment C Page 28 of 32 Retirement Plan for Employees of Avista Corporation 25 January 2013 Benefit B Accrued benefit based on Benefit Service to termination date payable in full at or after age 65. If payments commence upon early retirement eligibility, the benefit is multiplied by the appropriate factor from the following table: Retirement Factor Table B Age Retirement Factor 65 100% 64 95 63 90 62 85 61 80 60 75 59 70 58 65 57 60 56 55 55 50 For non-Local 77 participants who were hired before 1/1/2006 or Local 77 members hired before January 1, 2011, the Early Retirement Factor is increased, up to a maximum of 100%, by 1.0% (one percentage point) for each year of benefit service above 15. Postponed retirement The Normal Retirement Benefit Formula applied to earnings and Service up to deferred retirement date. Payment commences on the actual retirement date. Vested termination Accrued benefit at date of termination with payments commencing at normal retirement date. If the Member has 15 years of Vesting Service, an election may be made for benefits to commence at any time after age 55, in which case benefits will be reduced from age 65 as discussed in “Early Retirement.” Disablement Accrued benefit commencing at Normal Retirement Date based on Final Average Earnings at time of disability but including as Benefit Service the period of the Member’s disability, contingent upon five years of Vesting Service at disability (10 years if employed in a position covered by a collective bargaining agreement). A disabled Member may elect Early Retirement when first eligible to do so, in which case the benefit is reduced. Pre-retirement death If the Member was eligible for Early or Normal Retirement, the Monthly pre-retirement death benefit shall commence on the first day of the month following the Member’s death. If the Member’s death precedes Early or Normal Retirement eligibility, the Monthly pre-retirement death benefit shall commence on the earliest date on which the Member’s benefit could have commenced had he survived. Benefits commencing before the Member’s Normal Retirement Date will be reduced from Member’s age 65 as discussed in “Early Retirement.” Staff_PR_031 Attachment C Page 29 of 32 26 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential Other Plan Provisions Forms of payment The normal form of benefit for non-married participants is the single life annuity. The normal form for married participants is a oint and survivor benefit with 66 2/3% of the participant’s benefit payable to the surviving spouse until the spouse is age 60 and 50% payable thereafter. Pension Increases None Plan participants’ contributions None Maximum on benefits and pay All benefits and pay for any calendar year may not exceed the maximum standard limitations for that year as defined in the Internal Revenue Code. The plan provides for increasing the dolla limits automatically as such changes become effective. Increases in the dollar limits are assumed for determining pension cost but not for determining contributions. Future Plan Changes No future plan changes were recognized. Changes in Benefits Valued Since Prior Year There have been no changes in plan provisions since the prior valuation report. Staff_PR_031 Attachment C Page 30 of 32 Retirement Plan for Employees of Avista Corporation 27 January 2013 Appendix C Glossary Accumulated Benefit Obligation This is the same as the Projected Benefit Obligation except that it is based on current and past compensation levels instead of future compensation levels. Balance Sheet Asset/(Liability) This is the excess/(shortfall) of the fair value of Plan assets over the Projected Benefit Obligation. Curtailment A Curtailment is an event that significantly reduces the expected years of future service of present employees or eliminates for a significant number of employees the accrual of defined benefits for some or all of their future service. Gain or Loss From one year to the next, if the experience of the Plan differs from that anticipated using the actuarial assumptions, a gain or loss occurs. For example, a gain would occur if the Plan assets earned 12% for the year while the expected long-term rate of return on assets used in the valuation was 8%. Other causes of gains or losses would include changes in actuarial assumptions and demographic changes in the population profile. Interest Cost The Interest Cost is the increase in the Plan obligation over the accounting period due to interest (the time value of money). Net Gain or Loss The cumulative net gain or loss that has not been amortized as a part of Net Periodic Benefit Cost/(Income) or as a part of the accounting for the effects of a settlement or a curtailment. See also Gain or Loss. Net Prior Service Cost/(Credit) The portion of prior service cost/(credit) that has not been amortized as a part of Net Periodic Benefit Cost/(Income), as a reduction of the effects of a negative plan amendment, or as a part of the accounting for the effects of a curtailment. Staff_PR_031 Attachment C Page 31 of 32 28 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential Net Transition Obligation/(Asset) The portion of the transition obligation/(asset) that has not been amortized either immediately as the effect of a change in accounting or on a delayed basis as a part of Net Periodic Benefit Cost/(Income), as an offset to certain gains, or as a part of accounting for the effects of a settlement or a curtailment. Projected Benefit Obligation The Projected Benefit Obligation is computed in accordance with ASC 715. This quantity is the actuarial present value of all benefits attributed under the Cost Method to service rendered prior to the measurement date. When the benefit formula is based on compensation, it is measured using an assumption as to future compensation levels. Service Cost The Service Cost is computed in accordance with ASC 715. This component of the Net Periodic Benefit Cost/(Income) is the actuarial present value of benefits attributed under the Cost Method to services rendered by employees during the accounting period. When the benefit formula is based on compensation, it is measured using future compensation levels. Settlement A Settlement is an irrevocable action that relieves the employer (or the Plan) of primary responsibility for a benefit obligation and the assets used to effect the settlement. Special/Contractual Termination Benefits Special termination benefits are those benefits offered only for a short period of time. Contractual termination benefits are required by the terms of a Plan only if a specified event, such as a plant closing, occurs. Staff_PR_031 Attachment C Page 32 of 32 Avista Corporation Retirement Plan for Employees of Avista Corporation January 2014 Staff_PR_031 Attachment D Page 1 of 35 Staff_PR_031 Attachment D Page 2 of 35 Retirement Plan for Employees of Avista Corporation i January 2014 Table of Contents Purposes of valuation............................................................................................................................1 Section 1 : Summary of key results......................................................................................................3 Benefit cost, assets & obligations ......................................................................................................3 Comments on results .........................................................................................................................4 Basis for valuation..............................................................................................................................4 Actuarial certification.............................................................................................................................7 Section 2 : Accounting exhibits..........................................................................................................11 2.1 Disclosed benefit cost ............................................................................................................11 2.2 Balance sheet asset/(liability) ................................................................................................12 2.3 Accumulated other comprehensive (income)/loss.................................................................13 2.4 Additional disclosure information ...........................................................................................14 2.5 Changes in disclosed liabilities and assets............................................................................15 2.6 Reconciliation of net balances ...............................................................................................16 2.7 Reconciliation with prior year’s disclosure .............................................................................17 Section 3 : Data exhibits......................................................................................................................19 3.1 Plan participant data ..............................................................................................................19 3.2 Age and service distribution of participating employees........................................................20 Appendix A............................................................................................................................................21 Statement of actuarial assumptions and methods ...........................................................................21 Appendix B............................................................................................................................................27 Summary of principal pension plan provisions.................................................................................27 Non-Reliance Notice for Attachments to Reports Distributed to Third Parties.............................31 Staff_PR_031 Attachment D Page 3 of 35 ii Retirement Plan for Employees of Avista Corporation Towers Watson Confidential This page is intentionally blank Staff_PR_031 Attachment D Page 4 of 35 Retirement Plan for Employees of Avista Corporation 1 January 2014 Purposes of valuation Avista Corporation (Avista) engaged Towers Watson Delaware Inc. (“Towers Watson”) to value the Retirement Plan for Employees of Avista Coporation. As requested by Avista Corporation (Avista), this report provides information for year-end financial reporting purposes required by FASB Accounting Standards Codification Topic 715-20-50 (ASC 715) for your fiscal year ending December 31, 2013 for the Retirement Plan for Employees of Avista Corporation (the Plan). The exhibits present year-end financial reporting information in accordance with ASC 715-20-50, including net balance sheet position of the Plan, cash flow, plan asset information, amortization amounts during the fiscal year, participant information, the provisions on which the valuation is based, and the actuarial assumptions and methods used in the calculations. Additional input is required (as described below) by Avista in relation to the plan asset disclosures specified in ASC 715-20-50-1(d) (public entities). This report for purposes of year-end financial reporting supplements the Net Periodic Benefit Cost/(Income) report that was previously provided to Avista Corporation. These two reports should be considered together as a complete report for the Plan for your fiscal year ending December 31, 2013. See the Net Periodic Benefit Cost/(Income) report for additional information. Limitations This valuation has been conducted for the purposes described above and may not be suitable for any other purpose. In particular, please note the following: 1. As discussed above, certain year-end financial reporting information in accordance with ASC 715-20-50 is not included in this report and must be provided by Avista Corporation, as follows: Categorization of assets, actual asset allocation at December 31, 2013 and December 31, 2012, and the target asset allocation for 2014. A description of Avista Corporation’s investment policy for the assets held by the pension plan. A description of the basis used to determine the expected long-term rate of return on plan assets. 2. This report is not intended to constitute a certification of the Adjusted Funding Target Attainment Percentage (AFTAP) under IRC §436 for any plan year. 3. This report does not determine the plan’s funding requirements under IRC §430. 4. This report does not provide information for plan reporting under ASC 960. 5. This report does not determine liabilities on a plan termination basis, for which a separate extensive analysis would be required. Staff_PR_031 Attachment D Page 5 of 35 2 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential This page is intentionally blank Staff_PR_031 Attachment D Page 6 of 35 Retirement Plan for Employees of Avista Corporation 3 January 2014 Section 1: Summary of key results Benefit cost, assets & obligations All monetary amounts shown in US Dollars Fiscal Year Beginnin 01/01/201 01/01/2012 Benefit Cost/ (Income) Net Periodic Benefit Cost/(Income) 26,495,255 25,795,032 Immediate Recognition of Benefit Cost/(Income) due to Special Events 0 0 Total Benefit Cost/(Income)26,495,255 25,795,032 Measurement Date 12/31/201 12/31/2012 Plan Asset Fair Value of Assets (FVA)481,502,103 406,061,372 Market Related Value of Assets (MRVA)481,502,103 406,061,372 Return on Fair Value Assets during Prior Year 12.46%15.77% Benefit Obligations Accumulated Benefit Obligation (ABO)(441,923,999) (481,327,417) Projected Benefit Obligation (PBO)(501,061,662) (556,525,469) Funded Ratio Fair Value of Assets to ABO 109.0%84.4% Fair Value of Assets to PBO 96.1%73.0% Accumulated Other Comprehensive (Income)/Loss Net Prior Service Cost/(Credit)277,168 319,064 Net Loss/(Gain)99,986,661 213,082,098 Total Accumulated Other Comprehensive (Income)/Loss 100,263,829 213,401,162 Assumption Discount Rate 5.10%4.15% Expected Long-term Rate of Return on Plan Assets 6.60% 6.95% Rate of Compensation Increase 3.00% - 19.00% 3.00% - 19.00% Participant Dat Census Date 01/01/2013 01/01/2012 1 Census data as of January 1, 2012 with updates to reflect the voluntary severance program based on data provided by the plan sponsor. Staff_PR_031 Attachment D Page 7 of 35 4 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential Comments on results The actuarial gain due to demographic experience, including any assumption changes during the prior year was $76,272,576. The gain due to demographic experience was primarily due to an increase in discount rate from 4.15% to 5.10%.The actuarial gain due to investment return different from assumed during the prior year was $24,831,912. The accumulated other comprehensive income prior to tax adjustment decreased from $213,401,162 as of December 31, 2012 to $100,263,829 as of December 31, 2013. The decrease resulted primarily from investment experience and the change in discount rate from 4.15% to 5.10%. Basis for valuation Appendix A summarizes the assumptions and methods used in the valuation. Appendix B summarizes our understanding of the principal provisions of the plan being valued. Changes in assumptions The following assumption changes were made at December 31, 2013: The discount rate was changed from 4.15% to 5.10%. The plan’s mortality assumption was updated to reflect mortality improvements through 2014. The mortality assumption used in the prior valuation assumed mortality improvements through 2013. The interest rate for valuing lump sums changed to 4.6% in 2014 increasing 0.467% per year to the ultimate rate of 6.0% in 2017 and beyond. The termination and retirement decrement assumptions were updated based on an analysis of recent plan experience. The assumed form of payment for non-union retirement eligible participants was changed from 5% electing a lump sum and 95% electing an annuity payable in the normal form to 10% electing a lump sum and 90% electing an annuity in 2014, and 15% electing a lump sum and 85% electing an annuity in years after 2014. This assumption was updated as a result of the lump sum payment option plan change for non-union participants. Changes in methods None. Changes in benefits valued The lump sum payment option for non-union retirement eligible participants was changed to include the value off the early retirement subsidy for participants who terminate on after January 1, 2014 and retire before age 65. Effective January 1, 2014, the plan is closed to non-union employees hired or rehired after December 31, 2013. Staff_PR_031 Attachment D Page 8 of 35 Retirement Plan for Employees of Avista Corporation 5 January 2014 Subsequent events None. Additional information None. Staff_PR_031 Attachment D Page 9 of 35 6 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential This page is intentionally blank Staff_PR_031 Attachment D Page 10 of 35 Retirement Plan for Employees of Avista Corporation 7 January 2014 Actuarial certification This valuation has been conducted in accordance with generally accepted actuarial principles and practices. However please note the information discussed below regarding this valuation. Reliances In preparing the results presented in this report, we have relied upon information regarding plan provisions, participants, assets, and sponsor accounting policies and methods provided by Avista Corporation and other persons or organizations designated by Avista Corporation. We have relied on all the data and information provided as complete and accurate. We have reviewed this information for overall reasonableness and consistency, but have neither audited nor independently verified this information. Based on discussions with and concurrence by the plan sponsor, assumptions or estimates may have been made if data were not available. We are not aware of any errors or omissions in the data that would have a significant effect on the results of our calculations. The results presented in this report are directly dependent upon the accuracy and completeness of the underlying data and information. Any material inaccuracy in the data, assets, plan provisions or other information provided to us may have produced results that are not suitable for the purposes of this report and such inaccuracies, as corrected by Avista Corporation, may produce materially different results that could require that a revised report be issued. Measurement of benefit obligations, plan assets and balance sheet adjustments Census date/measurement date The measurement date is December 31, 2013. The benefit obligations were measured as of Avista’s December 31, 2013 fiscal year end and are based on participant data as of the census date, January 1, 2013. We have projected forward benefit obligations to the end of the year, adjusting for benefit payments, expected growth in benefit obligations, changes in key assumptions and plan provisions, and any significant changes in plan demographics that occurred during the year. Based on discussions with Avista, it is our understanding that no significant changes in plan demographics have occurred during the year. Plan assets and balance sheet adjustments Information about the fair value of plan assets was furnished to us by Avista. Avista also provided information about the general ledger account balances for the pension plan cost at December 31, 2013, which reflect the expected funded status of the plans before adjustment to reflect the plans’ funded status based on the year-end measurements. Towers Watson used information supplied by Avista regarding amounts recognized in accumulated other comprehensive income as of December 31, 2013. This data was reviewed for reasonableness and consistency, but no audit was performed. Accumulated other comprehensive (income)/loss amounts shown in the report are shown prior to adjustment for deferred taxes. Any deferred tax effects in AOCI should be determined in consultation with Avista’s tax advisors and auditors. Staff_PR_031 Attachment D Page 11 of 35 8 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential Assumptions and methods under ASC 715-30-35 As required by U.S. GAAP, the actuarial assumptions and methods employed in the development of the pension cost and other financial reporting have been selected by Avista. Towers Watson has concurred with these assumptions and methods. ASC 715-30-35 requires that each significant assumption “individually represent the best estimate of a particular future event.” The results shown in this report have been developed based on actuarial assumptions that, to the extent evaluated by Towers Watson, we consider to be reasonable and within the "best-estimate range" as described by the Actuarial Standards of Practice. Other actuarial assumptions could also be considered to be reasonable and within the best-estimate range. Thus, reasonable results differing from those presented in this report could have been developed by selecting different points within the best-estimate ranges for various assumptions. A summary of the assumptions and methods used is provided in Appendix A. Note that any subsequent changes in methods or assumptions for the December 31, 2013 measurement date will change the results shown in this report. Nature of actuarial calculations The results shown in this report are estimates based on data that may be imperfect and on assumptions about future events that cannot be predicted with any certainty. The effects of certain plan provisions may be approximated, or determined to be insignificant and therefore not valued. Reasonable efforts were made in preparing this valuation to confirm that items that are significant in the context of the actuarial liabilities or costs are treated appropriately, and are not excluded or included inappropriately. The numbers shown in this report are not rounded, but this is for convenience only and should not imply precision, which is not a characteristic of actuarial calculations. If overall future plan experience produces higher benefit payments or lower investment returns than assumed, the relative level of plan costs reported in this valuation will likely increase in future valuations (and vice versa). Future actuarial measurements may differ significantly from the current measurements presented in this report due to many factors, including: plan experience differing from that anticipated by the economic or demographic assumptions, increases or decreases expected as part of the natural operation of the methodology used for the measurements (such as the end of an amortization period), and changes in plan provisions or applicable law. See Basis for Valuation in Section 1 above for a discussion of any material events that have occurred after the valuation date that are not reflected in this valuation. Limitations on use This report is provided subject to the terms set out herein and in our engagement letter dated January 4, 2002 and any accompanying or referenced terms and conditions. The information contained in this report was prepared for the internal use of Avista and its auditors in connection with our actuarial valuation of the pension plan as described in Purposes of Valuation above. It is not intended for and may not be used for other purposes, and we accept no responsibility or liability in this regard. Avista may distribute this actuarial valuation report to the appropriate authorities who have the legal right to require Avista to provide them this report, in which case Avista will use best efforts to notify Towers Watson in advance of this distribution and will include the non- Staff_PR_031 Attachment D Page 12 of 35 Retirement Plan for Employees of Avista Corporation 9 January 2014 reliance notice included at the end of this report. Further distribution to, or use by, other parties of all or part of this report is expressly prohibited without Towers Watson’s prior written consent. In the absence of such consent and an express assumption of responsibility, Towers Watson accepts no responsibility for any consequences arising from any third party relying on this report or any advice relating to its contents. There are no other intended beneficiaries of this report or the work underlying it. Professional qualifications The undersigned consulting actuaries are members of the Society of Actuaries and meet the “Qualification Standards for Actuaries Issuing Statements of Actuarial Opinion in the United States” relating to pension plans. Our objectivity is not impaired by any relationship between the plan sponsor and our employer, Towers Watson Delaware Inc. Susan E. Hedrick, FSA, EA Senior Consulting Actuary January 2014 Towers Watson Erik A. Heiskanen, FSA, EA Consulting Actuary January 2014 Towers Watson V:\Avista Corporation - 110026\13\RET\Valuation\05 Deliver\Reports\2013 Pension Disclosure.docx Staff_PR_031 Attachment D Page 13 of 35 10 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential This page is intentionally blank Staff_PR_031 Attachment D Page 14 of 35 Retirement Plan for Employees of Avista Corporation 11 January 2014 Section 2: Accounting exhibits 2.1 Disclosed benefit cost All monetary amounts shown in US Dollars Fiscal Year Endin 12/31/201 12/31/2012 Disclosed Benefit Cost 1 Employer service cost 19,070,123 15,585,349 2 Interest cost 22,785,543 23,128,160 3 Expected return on assets (27,670,424)(23,810,253) 4 Subtotal 14,185,242 14,903,256 5 Net prior service cost/(credit) amortization 319,064 346,200 6 Net loss/(gain) amortization 11,990,949 10,545,576 7 Amortization subtotal 12,310,013 10,891,776 8 Net periodic benefit cost/(income)26,495,255 25,795,032 9 Curtailments 0 0 10 Settlements 0 0 11 Special/contractual termination benefits 0 0 12 Disclosed benefit cost 26,495,255 25,795,032 B Assumptions Used to Determine Benefit Cost 1 Discount rate 4.15%5.05% 2 Long-term rate of return on assets 6.60%6.95% 3 Rate of compensation increase 3.00% - 19.00%3.00% - 19.00% 1 These assumptions were used to calculate Net Periodic Benefit Cost/(Income) as of the beginning of the year. Rates are expressed on an annual basis where applicable. See Appendix A for interim measurements, if any. Staff_PR_031 Attachment D Page 15 of 35 12 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential 2.2 Balance sheet asset/(liability) All monetary amounts shown in US Dollars Fiscal Year Endin 12/31/201 12/31/2012 Development of Balance Sheet Asset/(Liability) 1 Projected benefit obligation (PBO)(501,061,662) (556,525,469) 2 Fair value of assets (FVA)481,502,103 406,061,372 3 Net balance sheet asset/(liability)(19,559,559) (150,464,097) B Current and Noncurrent Allocation 1 Noncurrent assets 0 0 2 Current liabilities 0 0 3 Noncurrent liabilities (19,559,559) (150,464,097) 4 Net balance sheet asset/(liability)(19,559,559) (150,464,097) C Reconciliation of Net Balance Sheet Asset/(Liability) 1 Net balance sheet asset/(liability) at end of prior fiscal year (150,464,097) (139,999,364) 2 Employer service cost (19,070,123)(15,585,349) 3 Interest cost (22,785,543)(23,128,160) 4 Actual return on assets 52,502,336 54,318,823 5 Plan amendments (277,168)0 6 Actuarial gain/(loss)76,272,576 (70,070,047) 7 Employer contributions 44,262,460 44,000,000 8 Benefits paid directly by Avista 0 0 9 Transfer payments 0 0 10 Acquisitions/divestitures 0 0 11 Curtailments 0 0 12 Settlements 0 0 13 Special/contractual termination benefits 0 0 14 Net balance sheet asset /(liability) at end of current fiscal year (19,559,559) (150,464,097) D Assumptions and Dates Used at Disclosure 1 Discount rate 5.10%4.15% 2 Rate of compensation increase 3.00% - 19.00% 3.00% - 19.00% 3 Census date 01/01/2013 01/01/2012 Staff_PR_031 Attachment D Page 16 of 35 Retirement Plan for Employees of Avista Corporation 13 January 2014 2.3 Accumulated other comprehensive (income)/loss All monetary amounts shown in US Dollars Fiscal Year Endin 12/31/201 12/31/2012 Accumulated Othe Comprehensive (Income)/Los 1 Net prior service cost/(credit)277,168 319,064 2 Net loss/(gain)99,986,661 213,082,098 3 Accumulated other comprehensive (income)/loss1 100,263,829 213,401,162 B Development of Accumulated Othe Comprehensive (Income)/Loss (AOCI) 1 AOCI at prior fiscal year end 213,401,162 184,731,461 2 Less amounts amortized during the year a Net prior service cost/(credit) 319,064 346,200 b Net loss/(gain) 11,990,949 10,545,576 3 Occurring during the year a Net prior service cost/(credit) 277,168 0 b Net loss/(gain) (101,104,488) 39,561,477 4 AOCI at current fiscal year end 100,263,829 213,401,162 1 Amount shown is pre-tax and should be adjusted by plan sponsor for tax effects. Staff_PR_031 Attachment D Page 17 of 35 14 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential 2.4 Additional disclosure information All monetary amounts shown in US Dollars A Accumulated Benefit Obligation (ABO) 1 ABO at current fiscal year end 441,923,999 2 ABO at prior fiscal year end 481,327,417 B Expected Future Benefit Payment 1 During fiscal year ending 12/31/2014 23,771,239 2 During fiscal year ending 12/31/2015 25,199,232 3 During fiscal year ending 12/31/2016 26,216,252 4 During fiscal year ending 12/31/2017 27,295,736 5 During fiscal year ending 12/31/2018 28,584,670 6 During fiscal year ending 12/31/2019 through 12/31/2023 162,936,165 C Expected Contributions during fiscal year ending December 31, 2014 Employer 32,000,000 D Expected Amortization Amounts during fiscal year ending December 31, 20141 1 Amortization of net prior service cost/(credit)21,555 2 Amortization of net loss/(gain)3,817,638 3 Total 3,839,193 1 These amounts have been determined assuming there are no special events, plan amendments, assumption changes, or actuarial losses/(gains) during the upcoming fiscal year. Staff_PR_031 Attachment D Page 18 of 35 Retirement Plan for Employees of Avista Corporation 15 January 2014 2.5 Changes in disclosed liabilities and assets All monetary amounts shown in US Dollars Fiscal Year Endin 12/31/201 12/31/2012 Change in Projected Benefit Obligation (PBO) 1 PBO at prior fiscal year end 556,525,469 468,149,118 2 Employer service cost 19,070,123 15,585,349 3 Interest cost 22,785,543 23,128,160 4 Actuarial loss/(gain)(76,272,576)70,070,047 5 Plan participants’ contributions 0 0 6 Benefits paid from plan assets (21,324,065)(20,407,205) 7 Benefits paid from Avista 0 0 8 Transfers from (to) other plans 0 0 9 Administrative expenses paid 0 0 10 Plan change 277,168 0 11 Acquisitions/divestitures 0 0 12 Curtailments 0 0 13 Settlements 0 0 14 Special/contractual termination benefits 0 0 15 PBO at current fiscal year end 501,061,662 556,525,469 B Change in Plan Asset 1 Fair value of assets at prior fiscal year end 406,061,372 328,149,754 2 Actual return on assets 52,502,336 54,318,823 3 Employer contributions 44,262,460 44,000,000 4 Plan participants’ contributions 0 0 5 Benefits paid (21,324,065)(20,407,205) 6 Transfer payments 0 0 7 Administrative expenses paid 0 0 8 Acquisitions/divestitures 0 0 9 Settlements 0 0 10 Special/contractual termination benefits 0 0 11 Fair value of assets at current fiscal year end 481,502,103 406,061,372 Staff_PR_031 Attachment D Page 19 of 35 Staff_PR_031 Attachment D Page 20 of 35 Staff_PR_031 Attachment D Page 21 of 35 Staff_PR_031 Attachment D Page 22 of 35 Retirement Plan for Employees of Avista Corporation 19 January 2014 Section 3: Data exhibits 3.1 Plan participant data All monetary amounts shown in US Dollars Census Date 01/01/201 01/01/2012 Active Employee 1 Number 1,466 1,468 2 Total annual plan compensation/salary 113,803,298 111,341,444 3 Average plan compensation 77,628 75,846 4 Average age (years)46.34 46.90 5 Average credited service (years)13.57 14.98 B Participants with Deferred Benefit 1 Number 246 265 2 Total annual pension 1,655,792 1,826,898 3 Average annual pension 6,731 6,894 4 Average age (years)54.42 54.69 5 Distribution at January 1, 2013 Age Numbe Annual Pension Under 40 13 53,419 40-44 11 75,676 45-49 36 238,899 50-54 55 499,863 55-59 75 482,801 60-64 53 297,690 65 and over 3 7,444 C Participants Receiving Benefits 1 Number 1,139 1,056 2 Total annual pension 19,954,049 17,051,830 3 Average annual pension 17,519 16,148 4 Average age 73.34 73.76 5 Distribution at January 1, 2013 Age Numbe Annual Pension Under 55 7 80,759 55-59 69 1,893,953 60-64 178 5,393,239 65-69 282 5,037,048 70-74 169 2,616,305 75-79 139 2,039,004 80-84 119 1,220,644 85 and over 176 1,673,097 1 There were 54 active participants as of January 1, 2012 that were included on the list of employees electing the voluntary severance program during 2012 provided by Avista on January 2, 2013. These participants were valued as retirees and deferred vested participants effective January 1, 2013 for the December 31, 2012 disclosure results. Staff_PR_031 Attachment D Page 23 of 35 Staff_PR_031 Attachment D Page 24 of 35 Retirement Plan for Employees of Avista Corporation 21 January 2014 Appendix A Statement of actuarial assumptions and methods Plan Sponsor Avista Corporation Statement of Assumptions The assumptions disclosed in this Appendix are for the fiscal year ending December 31, 2013 disclosure. Discount Rate 5.10% Expected Long-Term Return on Assets 6.60% for 2013 Compensation/Salary Increases Future compensation will increase at the following rates, compounded annually. Ag Rat Below 25 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 65 and over 19.0% 10.5% 7.5% 6.0% 5.0% 4.5% 3.7% 3.5% 3.0% 2.5% Future Increases in Social Security Not applicable Staff_PR_031 Attachment D Page 25 of 35 22 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential Future Increases in Maximum Benefits and Plan Compensation/Salary Limitations It is assumed that maximum benefit and plan compensation limitations will increase 3.00% per year in the future. Inclusion Date The valuation date coincident with or next following the date on which the employee becomes a participant. Administrative Expenses The amount included this year for administrative expenses is $0. Mortality The mortality tables are the RP-2000 Combined Healthy Mortality for males and females, with mortality improvements projected to 2014 using Scale AA separately for males and females. Retirement It is assumed that participants will retire upon becoming eligible for normal retirement. The rates at which participants are assumed to retire by age are shown below: Ag Rat 55 7.0% 56 5.0 57 8.0 58 11.0 59 11.0 60 11.0 61 18.0 62 30.0 63 25.0 64 20.0 65 40.0 66 50.0 67 25.0 68 25.0 69 75.0 70 100.0 Staff_PR_031 Attachment D Page 26 of 35 Retirement Plan for Employees of Avista Corporation 23 January 2014 Disability Rates Rates of disability are based on experience from 1976 to 1980 under Group LTD plans as reported under the transactions of the Society of Actuaries. Disabled annuitant mortality is assumed to be the same as healthy life mortality at age 70 and over, but the mortality rates at lower ages are assumed to be equal to the age 70 rates. Disabled Mortality The disability mortality table is 1992 Railroad Retirement Board Disabled Annuitants. Representative Termination Rates (not due to disability, retirement or mortality) The rates at which participants are assumed to leave Avista Corporation by age are shown below: Attained Age Rate Less than 25 13.0% 25-29 3.5 30-34 3.5 35-39 1.5 40-44 3.0 45-49 1.5 50-54 1.5 55-59 3.0 60-64 6.0 65 and over 0.0 Form of Payment It is assumed that 50% of non-retirement-eligible participants elect a lump sum benefit and 50% elect an annuity benefit payable in the normal form. The following table shows the assumed elections of retirement eligible participants: Year Union Non-Union Lump Sum Annuity Lump Sum Annuity 2013 5%95%5%95% 2014 5%95%10%90% 2015 +5%95%15%85% Lump sums were valued using an interest rate of 4.6% in 2014 increasing 0.467% per year to the ultimate rate of 6.0% in 2017 and beyond, and the unisex PPA 2014 Applicable Mortality Table as prescribed by IRS Notice 2008-35. Staff_PR_031 Attachment D Page 27 of 35 24 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential Marriage For purposes of valuing the pre-retirement surviving spouse’s benefit, 85% of eligible male participants are assumed to be married and 70% of eligible female participants are assumed to be married. Male participants are assumed to be 3 years older than their spouses and female participants are assumed to be 3 years younger than their spouses. Employees It was assumed that there will be no new or rehired employees. Plan Compensation/Salary Compensation assumed paid in the current year beginning on the valuation date is the prior year pay increased by the assumed compensation increase rate. Cost Method The Projected Unit Credit Cost Method is used to determine the present value of the Projected Benefit Obligation and the related current service cost. Under this method, a “projected accrued benefit” is calculated based upon service as of the date of valuation, but when the benefit formula is based on future compensation and social security levels, using assumptions about the growth of those amounts projected to the age at which the employee is assumed to leave active service. In normal circumstances the "projected accrued benefit" is based upon the Plan's accrual formula. However, if service in later years leads to a materially higher level of benefit than in earlier years, the "projected accrued benefit" is calculated by attributing benefits on a straight-line basis over the relevant period. Asset Method The fair value of assets is used to determine the expected investment return during the year. Participant Data Participant data was supplied by Avista Corporation as of the census date. Census Date/Measurement Date The measurement date is December 31, 2013. For purposes of determining benefit obligations as of the measurement date, participant data as of the census date, January 1, 2013 are used. Benefit obligations are projected to the measurement date by assuming no actuarial gains or losses in the interim, except for those assumption changes necessary to reflect the situation at the measurement date. To the best of our knowledge, there were no significant events that would render the projection inappropriate. Staff_PR_031 Attachment D Page 28 of 35 Retirement Plan for Employees of Avista Corporation 25 January 2014 Amortization of Net Gain or Loss Amortization of the net gain or loss resulting from experience different from that assumed and from changes in assumptions (excluding asset gains and losses not yet reflected in market-related value) is included as a component of Net Periodic Benefit Cost/(Income) for the year. If, as of the beginning of the year, that net gain or loss exceeds 10% of the greater of the projected benefit obligation and the market-related value of plan assets, the amortization is that excess divided by the average remaining service period of participating employees expected to receive benefits under the plan. Amortization of Net Prior Service Cost/(Credit) Amortization of net prior service cost/(credit) resulting from a plan change is included as a component of Net Periodic Benefit Cost/(Income) in the year first recognized and every year thereafter until such time as it is fully amortized. The annual amortization payment is determined in the first year as the increase in Projected Benefit Obligation due to the plan change divided by the average remaining service period of participating employees expected to receive benefits under the Plan. However, when the plan change decreases the Projected Benefit Obligation, existing positive prior service costs and then, transition obligation are reduced or eliminated before a prior service credit base is posted starting with the earliest established. Benefits Not Included in Valuation None. All benefits described in the Plan Provisions section of this report were valued based on discussions with Avista Corporation. Towers Watson has reviewed the plan provisions with Avista Corporation and, based on that review, is not aware of any significant benefits required to be valued that were not. Significant Events since Last Actuarial Valuation Report None. Staff_PR_031 Attachment D Page 29 of 35 26 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential Changes in Assumptions and Methods since Last Actuarial Valuation Report The following assumption changes were made at December 31, 2013: The discount rate was changed from 4.15% to 5.10%. The plan’s mortality assumption was updated to reflect mortality improvements through 2014. The mortality assumption used in the prior valuation assumed mortality improvements through 2013. The interest rate for valuing lump sums changed to 4.6% in 2014 increasing 0.467% per year to the ultimate rate of 6.0% in 2017 and beyond. The termination and retirement decrement assumptions were updated based on an analysis of recent plan experience. The assumed form of payment for non-union retirement eligible participants was changed from 5% electing a lump sum and 95% electing an annuity payable in the normal form to 10% electing a lump sum and 90% electing an annuity in 2014, and 15% electing a lump sum and 85% electing an annuity in years after 2014. This assumption was updated as a result of the lump sum payment option plan change for non-union participants. Staff_PR_031 Attachment D Page 30 of 35 Retirement Plan for Employees of Avista Corporation 27 January 2014 Appendix B Summary of principal pension plan provisions Plan Provisions The plan was originally effective March 1, 1948, restated as of January 1, 2010. The plan was amended effective January 1, 2014 to close the plan to non-union employees hired after December 31, 2013, and to include the value of early retirement subsidies for non-union retirement eligible participants terminating on or after January 1, 2014. Coverage and Participation An employee becomes a Member after completing a year of service with at least 1,000 hours of Service. The plan is closed to non-union employees hired or rehired after December 31, 2013. Local 77 Member: A member of IBEW Local 77 or a member of Local 77 who transferred out of membership in Local 77 and remained employed. A rehired former Local 77 member hired into a position not covered by IBEW Local 77 shall not be treated as a Local 77 member. Definitions Vesting service One month of Vesting Service for each month of employment. Credited service Prior to 1/1/80 One month of Benefit Service for each month of employment beginning on or after the Hire Date. After 1/1/80 One year of Benefit Service for each Plan Year after the Hire Date in which the Member has 2,080 Hours of Service. Partial credit is given for a year in which the Member has at least 1,000 Hours of Service at the rate of one-twelfth of a year for each 173-1/3 Hours of Service (rounded up). Pension Earnings Base pay excluding overtime and other special compensation, but including contributions to a 401(k) plan. Final average earnings The average of the highest consecutive 36 months earnings during Member’s last 120 months. Normal retirement date (NRD) The first day of the month coinciding with or next following the later of 1) 65th birthday, or 2) 5 years since the first day of hire. Monthly pension benefit For non-Local 77 participants hired on or after January 1, 2006 and Local 77 members hired on or after January 1, 2011, the benefit is 1.2% of Final Average Earnings for each year of Benefit Service. For all other participants, the benefit is 1.5% of Final Average Earnings for each year of Benefit Service. Staff_PR_031 Attachment D Page 31 of 35 28 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential Monthly preretirement death benefit The amount of a surviving spouse’s pension benefit shall be equal to 66-2/3% of the Member’s Accrued Benefit until the spouse reaches age 60 and shall be equal to 50% of the Member’s Accrued Benefit thereafter. Eligibility for Benefits Normal retirement Retirement on NRD Early retirement Eligibility A: Attained age 55 prior to termination with at least 15 years Vesting Service. Eligibility B: Attained age 55 after termination with at least 15 years of Vesting Service. Postponed retirement Continued employment beyond Normal Retirement Date. Vested termination Five years of Vesting Service. Disability Five Years of Vesting Service and a disability which prevents the Member from performing assigned duties and which is expected to be a permanent condition. Pre-retirement death benefit Death while eligible for normal, early, postponed, or deferred vested retirement benefits. Benefits Paid Upon the Following Events Normal retirement Monthly pension benefit determined as of NRD. Early retirement Benefit A: Accrued benefit based on Benefit Service to early retirement date payable in full at or after age 62. If payments commence immediately at date of early retirement the benefit is multiplied by the appropriate factor from the following table: Retirement Factor Table A Age Non-Local 77 Member Hired before 1/1/2006 or Local 77 Member Hired Before January 1, 2011 Non-Local 77 Member Hired on/after 1/1/2006 and Local 77 Member Hired on/after January 1, 2011 62 100%100% 61 96 95 60 92 90 59 88 85 58 84 80 57 80 75 56 76 70 55 72 65 For non-Local 77 participants hired before 1/1/2006 or Local 77 members hired before January 1, 2011, the Early Retirement Factor is increased, up to a maximum of 100%, by 1.0% (one percentage point) for each yea of benefit service above 15. Staff_PR_031 Attachment D Page 32 of 35 Retirement Plan for Employees of Avista Corporation 29 January 2014 Benefit B Accrued benefit based on Benefit Service to termination date payable in full at or after age 65. If payments commence upon early retirement eligibility, the benefit is multiplied by the appropriate factor from the following table: Retirement Factor Table B Age Retirement Factor 65 100% 64 95 63 90 62 85 61 80 60 75 59 70 58 65 57 60 56 55 55 50 For non-Local 77 participants who were hired before 1/1/2006 or Local 77 members hired before January 1, 2011, the Early Retirement Factor is increased, up to a maximum of 100%, by 1.0% (one percentage point) for each year of benefit service above 15. Postponed retirement The Normal Retirement Benefit Formula applied to earnings and Service up to deferred retirement date. Payment commences on the actual retirement date. Vested termination Accrued benefit at date of termination with payments commencing at normal retirement date. If the Member has 15 years of Vesting Service, an election may be made for benefits to commence at any time after age 55, in which case benefits will be reduced from age 65 as discussed in “Early Retirement.” Disablement ccrued benefit commencing at Normal Retirement Date based on Final Average Earnings at time of disability but including as Benefit Service the period of the Member’s disability, contingent upon five years of Vesting Service at disability (10 years if employed in a position covered by a collective bargaining agreement). A disabled Member may elect Early Retirement when first eligible to do so, in which case the benefit is reduced. Pre-retirement death If the Member was eligible for Early or Normal Retirement, the Monthly pre-retirement death benefit shall commence on the first day of the month following the Member’s death. If the Member’s death precedes Early or Normal Retirement eligibility, the Monthly pre-retirement death benefit shall commence on the earliest date on which the Member’s benefit could have commenced had he survived. Benefits commencing before the Member’s Normal Retirement Date will be reduced from Member’s age 65 as discussed in “Early Retirement.” Staff_PR_031 Attachment D Page 33 of 35 30 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential Other Plan Provisions Forms of payment The normal form of benefit for non-married participants is the single life annuity. The normal form for married participants is a oint and survivor benefit with 66 2/3% of the participant’s benefit payable to the surviving spouse until the spouse is age 60 and 50% payable thereafter. Pension Increases None Plan participants’ contributions None Maximum on benefits and pay All benefits and pay for any calendar year may not exceed the maximum standard limitations for that year as defined in the Internal Revenue Code. The plan provides for increasing the dolla limits automatically as such changes become effective. Increases in the dollar limits are assumed for determining pension cost but not for determining contributions. Future Plan Changes No future plan changes were recognized. Changes in Benefits Valued Since Prior Year The lump sum payment option for non-union retirement eligible participants has changed to include the value of early retirement subsidies for participants terminating on or after January 1, 2014 and retiring before age 65. Effective January 1, 2014, the plan is closed to non-union employees hired or rehired after December 31, 2013. Staff_PR_031 Attachment D Page 34 of 35 Retirement Plan for Employees of Avista Corporation 31 January 2014 Non-Reliance Notice for Attachments to Reports Distributed to Third Parties NOTICE By accepting a copy of this report, the Recipient agrees that it has read and understands the following: 1. Towers Watson Delaware Inc. (“Towers Watson”) represents and is responsible exclusively to its client, Avista Corporation, with respect to all matters relating to this report. The information contained in this report was prepared for the use of Avista Corporation and its auditors, in connection with our determination as described in Purposes of Valuation above. There are no other intended beneficiaries of this report or the work underlying it. 2. Recipient is responsible for its own due diligence with respect to all matters relating to this report. Recipient is DEEMED TO HAVE AGREED to the following conditions by receiving, downloading, printing or otherwise having possession of this report: Recipient recognizes that Towers Watson’s consulting staff is available, with Avista Corporation’s prior consent and at Avista Corporation’s expense, to answer any questions concerning this report; and Recipient agrees that by accepting this report (including any information related to the report that may be subsequently provided to Recipient by or on behalf of Towers Watson), Recipient will place no reliance on this report or information contained herein, or related hereto, that would result in the creation of any duty or liability by Towers Watson to Recipient. Staff_PR_031 Attachment D Page 35 of 35 Retirement Plan for Employees of Avista Corporation January 2015 Staff_PR_031 Attachment E Page 1 of 36 Staff_PR_031 Attachment E Page 2 of 36 Retirement Plan for Employees of Avista Corporation i January 2015 Table of Contents Purposes of valuation.........................................................................................................................................1 Section 1 : Summary of key results ................................................................................................................3 Benefit cost, assets & obligations.................................................................................................................3 Comments on results ......................................................................................................................................4 Basis for valuation ...........................................................................................................................................4 Actuarial certification..........................................................................................................................................7 Section 2 : Accounting exhibits .................................................................................................................... 11 2.1 Disclosed benefit cost....................................................................................................................... 11 2.2 Balance sheet asset/(liability).......................................................................................................... 12 2.3 Accumulated other comprehensive (income)/loss....................................................................... 13 2.4 Additional disclosure information .................................................................................................... 14 2.5 Changes in disclosed liabilities and assets................................................................................... 15 2.6 Reconciliation of net balances ........................................................................................................ 16 2.7 Reconciliation with prior year’s disclosure .................................................................................... 17 Section 3 : Data exhibits.................................................................................................................................. 19 3.1 Plan participant data ......................................................................................................................... 19 3.2 Age and service distribution of participating employees.............................................................20 Appendix A - ....................................................................................................................................................... 21 Statement of actuarial assumptions and methods ..................................................................................21 Appendix B - ....................................................................................................................................................... 29 Summary of principal pension plan provisions......................................................................................... 29 Staff_PR_031 Attachment E Page 3 of 36 ii Retirement Plan for Employees of Avista Corporation Towers Watson Confidential This page is intentionally blank Staff_PR_031 Attachment E Page 4 of 36 Retirement Plan for Employees of Avista Corporation 1 January 2015 Purposes of valuation Avista Corporation (Avista) engaged Towers Watson Delaware Inc. (Towers Watson) to value the Retirement Plan for Employees of Avista Corporation. As requested by Avista, this report provides information for year-end financial reporting purposes required by FASB Accounting Standards Codification Topic 715-20-50 (ASC 715) for the fiscal year ending December 31, 2014 for the Retirement Plan for Employees of Avista Corporation (the Plan). The exhibits present year-end financial reporting information in accordance with ASC 715-20-50, including net balance sheet position of the Plan, cash flow, plan asset information, amortization amounts during the fiscal year, participant information, the provisions on which the valuation is based, and the actuarial assumptions and methods used in the calculations. Additional input is required (as described below) by Avista in relation to the asset disclosures specified in ASC 715-20-50-1(d) (public entities). This report for purposes of year-end financial reporting supplements the Net Periodic Benefit Cost/(Income) report that was previously provided to Avista Corporation. These two reports should be considered together as a complete report for the Plan for your fiscal year ending December 31, 2014. See the Net Periodic Benefit Cost/(Income) report for additional information. Limitations This valuation has been conducted for the purposes described above and may not be suitable for any other purpose. In particular, please note the following: 1. As discussed above, certain year-end financial reporting information in accordance with ASC 715-20-50 is not included in this report and must be provided by Avista Corporation, as follows: Categorization of assets, actual asset allocation at December 31, 2014 and December 31, 2013, and the target asset allocation for 2015. A description of Avista Corporation’s investment policy for the assets held by the pension plan. A description of the basis used to determine the expected long-term rate of return on plan assets. 2. This report is not intended to constitute a certification of the Adjusted Funding Target Attainment Percentage (AFTAP) under IRC §436 for any plan year. 3. This report does not determine funding requirements under IRC §430. 4. This report does not provide information for plan reporting under ASC 960. Staff_PR_031 Attachment E Page 5 of 36 2 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential 5. This report does not determine liabilities on a plan termination basis, for which a separate extensive analysis would be required. No funded status measure included in this report is intended to assess, and none may be appropriate for assessing, the sufficiency of plan assets to cover the estimated cost of settling benefit obligations, as all such measures differ in some way from plan termination obligations. In addition, funded status measures shown in this report do not reflect the current costs of settling obligations by offering immediate lump sum payments to participants and/or purchasing annuity contracts for the remaining participants (e.g., insurer profit, insurer pricing of contingent benefits and/or provision for anti-selection in the choice of a lump sum vs. an annuity). 6. The comparisons of accounting obligations to assets presented in this report cannot be relied upon to determine the need for nor the amount of required future plan contributions. Nevertheless, such comparisons may be useful to assess the need for future contributions because they reflect current interest rates at the measurement date in determining benefit obligations. However, asset gains and losses, demographic experience different from assumed, changes in interest rates, future benefit accruals, if any, and other factors will all affect the need for and amount of future contributions. In addition, if a plan is not required by law to be funded, benefit payments may also be paid directly as they come due. Staff_PR_031 Attachment E Page 6 of 36 Retirement Plan for Employees of Avista Corporation 3 January 2015 Section 1: Summary of key results Benefit cost, assets & obligations All monetary amounts shown in US Dollars Fiscal Year Beginnin 01/01/2014 01/01/2013 Benefit Cost/ (Income) Net Periodic Benefit Cost/(Income) 12,393,57 26,495,25 Immediate Reco nition of Benefit Cost/(Income) due to Special Events 0 0 Total Benefit Cost/(Income)12,393,57 26,495,25 Measurement Date 12/31/2014 12/31/2013 Plan Asset Fair Value of Assets (FVA)539,310,604 481,502,103 Market Related Value of Assets (MRVA)539,310,604 481,502,103 Return on Fair Value Assets during Prior Year 11 56 12.46 Benefit Obligations Accumulated Benefit Obligation (ABO)(526,555,326) (441,923,999) Projected Benefit Obligation (PBO)(604,811,181) (501,061,662) Funded Ratio Fair Value of Assets to AB 102.4 109.0 Fair Value of Assets to PB 89.2 96.1 Accumulated Other Comprehensive (Income)/Loss Net Prior Service Cost/(Credit)255,613 277,16 Net Loss/(Gain)165,555,659 99,986,661 Total Accumulated Other Comprehensive (Income)/Loss 165,811,272 100,263,829 Assumptions Discount Rate 4.21% 5.10% Expected Lon -term Rate of Return on Plan Assets 6.60 6.60 Rate of Compensation Increase 2.50% - 16.00 3.00% - 19.00 Participant Dat Census Date 01/01/2014 01/01/2013 Staff_PR_031 Attachment E Page 7 of 36 4 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential Comments on results The actuarial loss due to demographic experience, including any assumption changes during the prior year was $93,309,137. The loss due to demographic experience was primarily due to a decrease in discount rate from 5.10% to 4.21%. The gain due to investment return different from assumed during the prior year was $23,843,027. The accumulated other comprehensive income prior to tax adjustment increased from $100,263,829 as of December 31, 2013 to $165,811,272 as of December 31, 2014. The increase resulted primarily from the change in discount rate from 5.10% to 4.21%. Basis for valuation Appendix A summarizes the assumptions and methods used in the valuation. Appendix B summarizes our understanding of the principal provisions of the plan being valued. Changes in assumptions The following assumption changes were made at December 31, 2014: The discount rate was changed from 5.10% to 4.21% to better reflect market conditions as of the measurement date. The mortality assumption was changed to use separate rates for non-annuitants (based on RP- 2014 “Employees” table as of 2007 without collar or amount adjustments) and annuitants (based on RP-2014 “Healthy Annuitants” table as of 2007 without collar or amount adjustments), with generational projection using Scale MP-2014 mortality improvement rates as of 2007 converging linearly to 0.80% by 2017 (for ages 85 and below). Long-term mortality improvement rates grade linearly from 0.80% at age 85 to 0.00% at age 95 and over. This change was made to better reflect future anticipated mortality experience. The interest rate for valuing lump sums changed to 4.0% in 2014 increasing 0.5% per year to the ultimate rate of 6.0% in 2018 and beyond to better reflect market conditions as of the measurement date. The assumed mortality used in lump sum conversion of annuity benefits was changed from the applicable IRC 417(e) mortality tables for 2014 to the applicable IRC 417(e) mortality tables for 2015 to better reflect the situation at the measurement date. The assumed salary increases for participants under age 25 were reduced from 19.0% to 16.0%, and the assumed salary increases for participants 25-29 were reduced from 10.5% to 10.0% (based on the annual experience analysis) to better reflect anticipated experience. The assumed form of payment for non-union retirement eligible participants was changed to 25% electing a lump sum and 75% electing an annuity, based on an analysis of recent plan experience and future anticipated experience. Changes in methods None. Staff_PR_031 Attachment E Page 8 of 36 Retirement Plan for Employees of Avista Corporation 5 January 2015 Changes in benefits valued None. Subsequent events None. Additional information None. Staff_PR_031 Attachment E Page 9 of 36 6 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential This page is intentionally blank. Staff_PR_031 Attachment E Page 10 of 36 Retirement Plan for Employees of Avista Corporation 7 January 2015 Actuarial certification This valuation has been conducted in accordance with generally accepted actuarial principles and practices. However, please note the information discussed below regarding this valuation. Reliances In preparing the results presented in this report, we have relied upon information regarding plan provisions, participants, assets, and sponsor accounting policies and methods provided by Avista Corporation and other persons or organizations designated by Avista Corporation. We have relied on all the data and information provided as complete and accurate. We have reviewed this information for overall reasonableness and consistency, but have neither audited nor independently verified this information. Based on discussions with and concurrence by the plan sponsor, assumptions or estimates may have been made if data were not available. We are not aware of any errors or omissions in the data that would have a significant effect on the results of our calculations. The results presented in this report are directly dependent upon the accuracy and completeness of the underlying data and information. Any material inaccuracy in the data, assets, plan provisions or other information provided to us may have produced results that are not suitable for the purposes of this report and such inaccuracies, as corrected by Avista Corporation, may produce materially different results that could require that a revised report be issued. Except as otherwise provided herein, the results presented are based on the data, assumptions, methods, plan provisions and other information outlined in the actuarial valuation report to determine pension cost for the fiscal year ending December 31, 2014 sent on November 24, 2014. Therefore, such information, and the reliances and limitations of the valuation report and its use, should be considered part of this report for purposes of year-end financial reporting. Measurement of benefit obligations, plan assets and balance sheet adjustments Census date/measurement date The measurement date is December 31, 2014. The benefit obligations were measured as of Avista’s December 31, 2014 fiscal year end and are based on participant data as of the census date, January 1, 2014. We have projected forward benefit obligations to the end of the year, adjusting for benefit payments, expected growth in benefit obligations, changes in key assumptions and plan provisions, and any significant changes in plan demographics that occurred during the year. Based on our discussions with Avista, it is our understanding that no significant changes in plan demographics have occurred during the year. Plan assets and balance sheet adjustments Information about the fair value of plan assets was furnished to us by Avista. Avista also provided information about the general ledger account balances for the pension plan cost at December 31, 2014, which reflect the expected funded status of the plans before adjustment to reflect the funded status based on the year-end measurements. Towers Watson used information supplied by Avista regarding amounts recognized in accumulated other comprehensive income as of December 31, 2014. This data was reviewed for reasonableness and consistency, but no audit was performed. Staff_PR_031 Attachment E Page 11 of 36 8 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential Accumulated other comprehensive (income)/loss amounts shown in the report are shown prior to adjustment for deferred taxes. Any deferred tax effects in AOCI should be determined in consultation with Avista’s tax advisors and auditors. Assumptions and methods under U.S. GAAP As required by U.S. GAAP, the actuarial assumptions and methods employed in the development of the pension cost and other financial reporting have been selected by Avista. Towers Watson has concurred with these assumptions and methods. U.S. GAAP requires that each significant assumption “individually represent the best estimate of a particular future event”. The results shown in this report have been developed based on actuarial assumptions that, to the extent evaluated by Towers Watson, we consider to be reasonable. Other actuarial assumptions could also be considered to be reasonable. Thus, reasonable results differing from those presented in this report could have been developed by selecting different reasonable assumptions. A summary of the assumptions and methods used is provided in Appendix A. Note that any subsequent changes in methods or assumptions for the December 31, 2014 measurement date will change the results shown in this report. Nature of actuarial calculations The results shown in this report are estimates based on data that may be imperfect and on assumptions about future events that cannot be predicted with any certainty. The effects of certain plan provisions may be approximated, or determined to be insignificant and therefore not valued. Reasonable efforts were made in preparing this valuation to confirm that items that are significant in the context of the actuarial liabilities or costs are treated appropriately, and are not excluded or included inappropriately. Any rounding (or lack thereof) used for displaying numbers in this report is not intended to imply a degree of precision, which is not a characteristic of actuarial calculations. If overall future plan experience produces higher benefit payments or lower investment returns than assumed, the relative level of plan costs reported in this valuation will likely increase in future valuations (and vice versa). Future actuarial measurements may differ significantly from the current measurements presented in this report due to many factors, including: plan experience differing from that anticipated by the economic or demographic assumptions, changes in economic or demographic assumptions, increases or decreases expected as part of the natural operation of the methodology used for the measurements (such as the end of an amortization period), and changes in plan provisions or applicable law. Due to the limited scope of our assignment, we did not perform an analysis of the potential range of such future measurements. See Basis for Valuation in Section 1 above for a discussion of any material events that have occurred after the valuation date that are not reflected in this valuation. Staff_PR_031 Attachment E Page 12 of 36 Retirement Plan for Employees of Avista Corporation 9 January 2015 Limitations on use This report is provided subject to the terms set out herein and in our engagement letter dated January 4, 2002 and any accompanying or referenced terms and conditions. The information contained in this report was prepared for the internal use of Avista and its auditors in connection with our actuarial valuation of the pension plan as described in Purposes of Valuation above. It is not intended for and may not be used for other purposes, and we accept no responsibility or liability in this regard. Avista may distribute this actuarial valuation report to the appropriate authorities who have the legal right to require Avista to provide them this report, in which case Avista will use best efforts to notify Towers Watson in advance of this distribution. Further distribution to, or use by, other parties of all or part of this report is expressly prohibited without Towers Watson’s prior written consent. Towers Watson accepts no responsibility for any consequences arising from any other party relying on this report or any advice relating to its contents. Professional qualifications The undersigned consulting actuaries are members of the Society of Actuaries and meet the “Qualification Standards for Actuaries Issuing Statements of Actuarial Opinion in the United States” relating to pension plans. Our objectivity is not impaired by any relationship between the plan sponsor and our employer, Towers Watson Delaware Inc. Susan E. Hedrick, FSA, EA Senior Consulting Actuary January 2015 Towers Watson Erik A. Heiskanen, FSA, EA Consulting Actuary January 2015 Towers Watson V:\Avista Corporation - 110026\14\RET\Valuation\05 Deliver\Reports\Avista 2014 Disclosure Report.docx Staff_PR_031 Attachment E Page 13 of 36 10 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential This page is intentionally blank. Staff_PR_031 Attachment E Page 14 of 36 Retirement Plan for Employees of Avista Corporation 11 January 2015 Section 2: Accounting exhibits 2.1 Disclosed benefit cost All monetary amounts shown in US Dollars Fiscal Year Endin 12/31/2014 12/31/2013 Disclosed Benefit Cost 1 Employer service cos 15,651,41 19,070,123 2 Interest cos 24,954,043 22,785,543 3 Expected return on assets (32,130,553)(27,670,424) 4 Subtotal 8,474,90 14,185,24 5 Net prior service cost/(credit) amortizatio 21,55 319,064 6 Net loss/(gain) amortizatio 3,897,11 11,990,949 7 mortization subtotal 3,918,667 12,310,013 8 Net periodic benefit cost/(income)12,393,57 26,495,25 9 Curtailments 0 0 10 Settlements 0 0 11 Special/contractual termination benefits 0 0 1 Disclosed benefit cos 12,393,57 26,495,25 B Assumptions Used to Determine Benefit Cost 1 Discount rate 5.10 4.1 2 Lon -term rate of return on assets 6.60 6.60 3 Rate of compensation increase 2.50% - 19.00 3.00% - 19.00 1 These assumptions were used to calculate Net Periodic Benefit Cost/(Income) as of the beginning of the year. Rates are expressed on an annual basis where applicable. See Appendix A for interim measurements, if any. Staff_PR_031 Attachment E Page 15 of 36 12 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential 2.2 Balance sheet asset/(liability) All monetary amounts shown in US Dollars Fiscal Year Endin 12/31/2014 12/31/2013 Development of Balance Sheet Asset/(Liability) 1 Projected benefit obligation (PBO)(604,811,181) (501,061,662) 2 Fair value of assets (FVA) 539,310,604 481,502,103 3 Net balance sheet asset/(liability)(65,500,577)(19,559,559) B Current and Noncurrent Allocatio 1 Noncurrent assets 0 0 2 Current liabilities 0 0 3 Noncurrent liabilities (65,500,577)(19,559,559) 4 Net balance sheet asset/(liability)(65,500,577)(19,559,559) C Reconciliation of Net Balance Sheet Asset/(Liability) 1 Net balance sheet asset/(liability) at end of prior fiscal year (19,559,559) (150,464,097) 2 Employer service cos (15,651,418)(19,070,123) 3 Interest cos (24,954,043)(22,785,543) 4 ctual return on assets 55,973,580 52,502,336 5 Plan amendments 0 (277,168) 6 ctuarial gain/(loss)(93,309,137)76,272,576 7 Employer contributions 32,000,000 44,262,460 8 Benefits paid directly by vista 0 0 9 Transfer payments 0 0 10 cquisitions/divestitures 0 0 11 Curtailments 0 0 1 Settlements 0 0 13 Special/contractual termination benefits 0 0 14 Net balance sheet asset /(liability) at end of current fiscal year (65,500,577)(19,559,559) D Assumptions and Dates Used at Disclosure 1 Discount rate 4.21 5.10 2 Rate of compensation increase 2.50% - 16.00 3.00% - 19.00 3 Census date 01/01/2014 01/01/2013 1 Excludes receivable contributions. Staff_PR_031 Attachment E Page 16 of 36 Retirement Plan for Employees of Avista Corporation 13 January 2015 2.3 Accumulated other comprehensive (income)/loss All monetary amounts shown in US Dollars Fiscal Year Endin 12/31/2014 12/31/2013 Accumulated Other Comprehensive (Income)/Los 1 Net prior service cost/(credit)255,613 277,16 2 Net loss/(gain)165,555,659 99,986,661 3 Accumulated other comprehensive (income)/loss1 165,811,27 100,263,829 B Development of Accumulated Other Comprehensive (Income)/Loss (AOCI) 1 AOCI at prior fiscal year end 100,263,829 213,401,16 2 Amounts amortized during the year a Net prior service (cost)/credi (21,555)(319,064) b Net (loss)/gai (3,897,112)(11,990,949) 3 Occurring during the year a Net prior service cost/(credit)0 277,16 b Net loss/(gain)69,466,110 (101,104,488) 4 AOCI at current fiscal year end 165,811,27 100,263,829 1 Amount shown is pre-tax and should be adjusted by plan sponsor for tax effects. Staff_PR_031 Attachment E Page 17 of 36 14 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential 2.4 Additional disclosure information All monetary amounts shown in US Dollars A Accumulated Benefit Obligation (ABO) 1 ABO at current fiscal year end (526,555,326) 2 ABO at prior fiscal year end (441,923,999) B Expected Future Benefit Payment 1 During fiscal year ending 12/31/201 26,506,374 2 During fiscal year ending 12/31/2016 27,604,19 3 During fiscal year ending 12/31/2017 28,612,374 4 During fiscal year ending 12/31/201 29,759,046 5 During fiscal year ending 12/31/2019 31,258,41 6 During fiscal year ending 12/31/2020 through 12/31/2024 175,083,41 C Expected Contributions during fiscal year ending December 31, 2015 1 Employer 12,000,000 D Expected Amortization Amounts during fiscal year ending December 31, 20151 1 Amortization of net prior service cost/(credit)21 55 2 Amortization of net loss/(gain)8,068,531 3 Total 8,090,086 1 These amounts have been determined assuming there are no special events, plan amendments, assumption changes, or actuarial losses/(gains) during the upcoming fiscal year. Staff_PR_031 Attachment E Page 18 of 36 Retirement Plan for Employees of Avista Corporation 15 January 2015 2.5 Changes in disclosed liabilities and assets All monetary amounts shown in US Dollars Fiscal Year Endin 12/31/2014 12/31/2013 Change in Projected Benefit Obligation (PBO) 1 PBO at prior fiscal year end 501,061,66 556,525,469 2 Employer service cos 15,651,41 19,070,123 3 Interest cos 24,954,043 22,785,543 4 ctuarial loss/(gain)93,309,137 (76,272,576) 5 Plan participants’ contributions 0 0 6 Benefits paid from plan assets 30,165,079 21,324,065 7 Benefits paid from vista 0 0 8 Transfers from (to) other plans 0 0 9 dministrative expenses paid 0 0 10 Plan change 0 277,16 11 cquisitions/divestitures 0 0 1 Curtailments 0 0 13 Settlements 0 0 14 Special/contractual termination benefits 0 0 1 PBO at current fiscal year end 604,811,181 501,061,66 B Change in Plan Asset 1 Fair value of assets at prior fiscal year end 481,502,103 406,061,37 2 ctual return on assets 55,973,580 52,502,336 3 Employer contributions 32,000,000 44,262,460 4 Plan participants’ contributions 0 0 5 Benefits paid (30,165,079)(21,324,065) 6 Transfer payments 0 0 7 dministrative expenses paid 0 0 8 cquisitions/divestitures 0 0 9 Settlements 0 0 10 Special/contractual termination benefits 0 0 11 Fair value of assets at current fiscal year end 539,310,604 481,502,103 Staff_PR_031 Attachment E Page 19 of 36 Staff_PR_031 Attachment E Page 20 of 36 Staff_PR_031 Attachment E Page 21 of 36 18 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential This page is intentionally blank. Staff_PR_031 Attachment E Page 22 of 36 Retirement Plan for Employees of Avista Corporation 19 January 2015 Section 3: Data exhibits 3.1 Plan participant data All monetary amounts shown in US Dollars Census Date 01/01/2014 01/01/2013 Active Employee 1 Number 1,507 1,466 2 Total annual plan compensation/salar 120,873,29 113,803,29 3 Average plan compensatio 80,20 77,62 4 Average age 46.4 46.34 5 Average credited service 13.5 13.57 B Participants with Deferred Benefit 1 Number 240 246 2 Total annual pensio 1,614,157 1,655,79 3 Average annual pensio 6,726 6,731 4 Average age 54.56 54.4 5 Distribution a Januar 1 2014 Age Number Annual Pensio Under 40 16 79,29 40-44 8 61,716 4 -49 2 197,659 50-54 53 413,901 5 -59 7 511,78 60-64 6 348,116 65 and over 1 1,70 C Participants Receiving Benefits 1 Number 1,146 1,139 2 Total annual pensio 20,371,51 19,954,049 3 Average annual pensio 17,776 17,519 4 Average age 73.47 73.34 5 Distribution at Januar 1 2014 Age Number Annual Pensio Under 5 9 73,53 5 -59 54 1,501,143 60-64 17 5,252,18 6 -69 293 5,619,551 70-74 181 2,797,303 7 -79 146 2,135,361 80-84 111 1,247,909 85 and over 177 1,744,526 Staff_PR_031 Attachment E Page 23 of 36 Staff_PR_031 Attachment E Page 24 of 36 Retirement Plan for Employees of Avista Corporation 21 January 2015 Appendix A - Statement of actuarial assumptions and methods Plan Sponsor Avista Corporation Statement of Assumptions The assumptions disclosed in this Appendix are for the fiscal year ending December 31, 2014 financial reporting. Actuarial Assumptions and Methods Economic Assumption Discount Rate 4.21% Expected Long-Term Return on Assets for 2014 6.60% Compensation/Salary Increases Future compensation will increase at the following rates, compounded annually. Age Rate Below 2 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 65 and over 16.0% 10.0% 7.5% 6.0% 5.0% 4.5% 3.7% 3.5% 3.0% 2.5% Staff_PR_031 Attachment E Page 25 of 36 22 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential Lump Sum Conversion In converting annuity benefits into lump sums, the applicable IRC 417(e) mortality tables for 2015 and interest rates of 4.0% in 2014 increasing 0.5% per year to the ultimate rate of 6.0% in 2018 and beyond, were used. Future Increases in Social Security Not applicable Future Increases in Maximum Benefits and Plan Compensation/Salary Limitations It is assumed that maximum benefit and plan compensation limitations will increase 3.00% per year in the future. Demographic and Other Assumption Inclusion Date The valuation date coincident with or next following the enrollment date on which the employee becomes a participant. Administrative Expenses The amount included this year for administrative expenses is $0. Mortality Separate rates for non-annuitants (based on RP-2014 “Employees” table as of 2007 without collar or amount adjustments) and annuitants (based on RP-2014 “Healthy Annuitants” table as of 2007 without collar or amount adjustments), with generational projection using Scale MP-2014 mortality improvement rates as of 2007 converging linearly to 0.80% by 2017 (for ages 85 and below). Long- term mortality improvement rates grade linearly from 0.80% at age 85 to 0.00% at age 95 and over. Staff_PR_031 Attachment E Page 26 of 36 Retirement Plan for Employees of Avista Corporation 23 January 2015 Retirement It is assumed that participants will retire upon becoming eligible for normal retirement. The rates at which participants are assumed to retire by age areshown below: Age Rate 5 7.0% 56 5.0 57 8.0 58 11.0 59 11.0 60 11.0 61 18.0 62 30.0 63 25.0 64 20.0 65 40.0 66 50.0 67 25.0 68 25.0 69 75.0 70 100.0 Disability Rates Rates of disability are based on experience from 1976 to 1980 under Group LTD plans as reported under the transactions of the Society of Actuaries. Disabled annuitant mortality is assumed to be the same as healthy life mortality at age 70 and over, but the mortality rates at lower ages are assumed to be equal to the age 70 rates. Disabled Mortality The disability mortality table is 1992 Railroad Retirement Board Disabled Annuitants. Staff_PR_031 Attachment E Page 27 of 36 24 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential Representative Termination Rates (not due to disability, retirement or mortality) The rates at which participants are assumed to leave Avista Corporation by age are shown below: Attained Age Rate Less than 2 13.0% 2 -29 3. 30-34 3.5 35-39 1.5 40-44 3.0 4 -49 1. 50-54 1. 55-59 3.0 60-64 6.0 65 and over 0.0 Form of Payment It is assumed that 50% of non-retirement-eligible participants elect a lump sum benefit and 50% elect an annuity benefit payable in the normal form. The following table shows the assumed elections of retirement eligible participants: Union Non-Union Lump Sum nnuit Lump Sum nnuit 5%95%25%75% Marriage For purposes of valuing the pre-retirement surviving spouse’s benefit, 85% of eligible male participants are assumed to be married and 70% of eligible female participants are assumed to be married. Male participants are assumed to be 3 years older than their spouses and female participants are assumed to be 3 years younger than their spouses. Employees It was assumed that there will be no new or rehired employees. Plan Compensation/Salary Compensation assumed paid in the current year beginning on the valuation date is the prior year pay increased by the assumed compensation increase rate. Staff_PR_031 Attachment E Page 28 of 36 Retirement Plan for Employees of Avista Corporation 25 January 2015 Methods – Funded Position Cost Method The Projected Unit Credit Cost Method is used to determine the present value of the Projected Benefit Obligation and the related current service cost. Under this method, a “projected accrued benefit” is calculated based upon service as of the date of valuation, but when the benefit formula is based on future compensation and social security levels, using assumptions about the growth of those amounts projected to the age at which the employee is assumed to leave active service. In normal circumstances the "projected accrued benefit" is based upon the Plan's accrual formula. However, if service in later years leads to a materially higher level of benefit than in earlier years, the "projected accrued benefit" is calculated by attributing benefits on a straight-line basis over the relevant period. Asset Method The fair value of assets is used to determine the expected investment return during the year. Census Date/Measurement Date The measurement date is December 31, 2014. For purposes of determining benefit obligations as of the measurement date, participant data as of the census date, January 1, 2014 are used. Benefit obligations are projected to the measurement date by assuming no actuarial gains or losses in the interim, except for those assumption changes necessary to reflect the situation at the measurement date. To the best of our knowledge, there were no significant events that would render the projection inappropriate. Staff_PR_031 Attachment E Page 29 of 36 26 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential Amortization of Net Gain or Loss Amortization of the net gain or loss resulting from experience different from that assumed and from changes in assumptions (excluding asset gains and losses not yet reflected in market-related value) is included as a component of Net Periodic Benefit Cost/(Income) for the year. If, as of the beginning of the year, that net gain or loss exceeds 10% of the greater of the projected benefit obligation and the market-related value of plan assets, the amortization is that excess divided by the average remaining service period of participating employees expected to receive benefits under the plan. Amortization of Net Prior Service Cost/(Credit) Amortization of net prior service cost/(credit) resulting from a plan change is included as a component of Net Periodic Benefit Cost/(Income) in the year first recognized and every year thereafter until such time as it is fully amortized. The annual amortization payment is determined in the first year as the increase in Projected Benefit Obligation due to the plan change divided by the average remaining service period of participating employees expected to receive benefits under the Plan. However, when the plan change decreases the Projected Benefit Obligation, existing positive prior service costs and then, transition obligation are reduced or eliminated before a prior service credit base is posted starting with the earliest established. Benefits Not Included in Valuation None. All benefits described in the Plan Provisions section of this report were valued based on discussions with Avista Corporation. Towers Watson has reviewed the plan provisions with Avista Corporation and, based on that review, is not aware of any significant benefits required to be valued that were not. Significant Events since Last Actuarial Valuation Report There were no significant events since the last valuation that impact plan liabilities. Data Source Participant data was provided by Avista Corporation as of the census date. Assumptions Rationale - Significant Economic Assumptions Discount rate As required by U.S. GAAP, the discount rate was chosen by the plan sponsor based on the plan’s expected benefit payments discounted using Towers Watson’s BOND:Link discount rate modeller. Staff_PR_031 Attachment E Page 30 of 36 Retirement Plan for Employees of Avista Corporation 27 January 2015 Expected return on plan assets We understand that the expected return on assets assumption reflects the plan sponsor’s estimate of future experience for trust asset returns, reflecting the plan‘s current asset allocation and any expected changes during the current plan year, current market conditions and the plan sponsor’s expectations for future market conditions. Compensation/Salary increases Assumed increases were chosen by the plan sponsor based on an annual review of plan experience. As required by U.S. GAAP, this represents the plan sponsor’s estimate of future experience. Lump sum conversion rate The plan sponsor has selected a conversion rate of 4.0% in 2014, increasing by 0.5% per year to 6.0% for years 2018 and beyond As required by U.S. GAAP, this represents the plan sponsor’s estimate of future experience. Rates of increase in maximum benefits and plan compensation/salary limitations and National Average Wages (NAW) CPI Assumed increases were chosen by the plan sponsor and, as required by U.S. GAAP, they represent an estimate of future experience. Source of Prescribed Methods Accounting methods The methods used for accounting purposes as described in Appendix A, are “prescribed methods set by another party”, as defined in the actuarial standards of practice (ASOPs). As required by U.S. GAAP, these methods were selected by the plan sponsor. Changes in Assumptions and Methods The following assumption changes were made at December 31, 2014: The discount rate was changed from 5.10% to 4.21% to better reflect market conditions as of the measurement date. The mortality assumption was changed to use separate rates for non-annuitants (based on RP- 2014 “Employees” table as of 2007 without collar or amount adjustments) and annuitants (based on RP-2014 “Healthy Annuitants” table as of 2007 without collar or amount adjustments), with generational projection using Scale MP-2014 mortality improvement rates as of 2007 converging linearly to 0.80% by 2017 (for ages 85 and below). Long-term mortality improvement rates grade linearly from 0.80% at age 85 to 0.00% at age 95 and over. This change was made to better reflect future anticipated mortality experience. The interest rate for valuing lump sums changed to 4.0% in 2014 increasing 0.5% per year to the ultimate rate of 6.0% in 2018 and beyond to better reflect market conditions as of the measurement date. Staff_PR_031 Attachment E Page 31 of 36 28 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential The assumed mortality used in lump sum conversion of annuity benefits was changed from the applicable IRC 417(e) mortality tables for 2014 to the applicable IRC 417(e) mortality tables for 2015 to better reflect the situation at the measurement date. The assumed salary increases for participants under age 25 were reduced from 19.0% to 16.0%, and the assumed salary increases for participants 25-29 were reduced from 10.5% to 10.0% (based on the annual experience analysis) to better reflect anticipated experience. The assumed form of payment for non-union retirement eligible participants was changed to 25% electing a lump sum and 75% electing an annuity, based on an analysis of recent plan experience and future anticipated experience. There were no other changes in assumptions and methods since the prior valuation. Staff_PR_031 Attachment E Page 32 of 36 Retirement Plan for Employees of Avista Corporation 29 January 2015 Appendix B - Summary of principal pension plan provisions Plan Provisions The plan was originally effective March 1, 1948, restated as of January 1, 2010. The plan was amended effective January 1, 2014 to close the plan to non-union employees hired after December 31, 2013, and to include the value of early retirement subsidies in lump sums for non-union retirement eligible participants terminating on or after January 1, 2014. Coverage and Participation An employee becomes a Member after completing a year of service with at least 1,000 hours of Service. The plan is closed to non-union employees hired or rehired after December 31, 2013. Local 77 Member: A member of IBEW Local 77 or a member of Local 77 who transferred out of membership in Local 77 and remained employed. A rehired former Local 77 member hired into a position not covered by IBEW Local 77 shall not be treated as a Local 77 member. Definitions Vesting service One month of Vesting Service for each month of employment. Credited service Prior to 1/1/80 One month of Benefit Service for each month of employment beginning on or after the Hire Date. After 1/1/80 One year of Benefit Service for each Plan Year after the Hire Date in which the Member has 2,080 Hours of Service. Partial credit is given for a year in which the Member has at least 1,000 Hours of Service at the rate of one-twelfth of a year for each 173- 1/3 Hours of Service (rounded up). Pension Earnings Base pay excluding overtime and other special compensation, but including contributions to a 401(k) plan. Final average earnings The average of the highest consecutive 36 months earnings during Member’s last 120 months. Normal retirement date (NRD) The first day of the month coinciding with or next following the later of 1) 65th birthday, or 2) 5 years since the first day of hire. Monthly pension benefit For non-Local 77 participants hired on or after January 1, 2006 and Local 77 members hired on or after January 1, 2011, the benefit is 1.2% of Final Average Earnings for each year of Benefit Service. For all other participants, the benefit is 1.5% of Final Average Earnings for each year of Benefit Service. Staff_PR_031 Attachment E Page 33 of 36 30 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential Monthly preretirement death benefit The amount of a surviving spouse’s pension benefit shall be equal to 66-2/3% of the Member’s Accrued Benefit until the spouse reaches age 60 and shall be equal to 50% of the Member’s Accrued Benefit thereafter. Eligibility for Benefits Normal retirement Retirement on NRD Early retirement Eligibility A: Attained age 55 prior to termination with at least 15 years Vesting Service. Eligibility B: Attained age 55 after termination with at least 15 years of Vesting Service. Postponed retirement Continued employment beyond Normal Retirement Date. Vested termination Five years of Vesting Service. Disability Five Years of Vesting Service and a disability which prevents the Member from performing assigned duties and which is expected to be a permanent condition. Pre-retirement death benefit Death while eligible for normal, early, postponed, or deferred vested retirement benefits. Benefits Paid Upon the Following Events Normal retirement Monthly pension benefit determined as of NRD. Early retirement Benefit A: Accrued benefit based on Benefit Service to early retirement date payable in full at or after age 62. If payments commence immediately at date of early retirement the benefit is multiplied by the appropriate factor from the following table: Retirement Factor Table A Age Non-Local 77 Member Hired before 1/1/2006 or Local 77 Member Hired Before January 1, 2011 Non-Local 77 Member Hired on/after 1/1/2006 and Local 77 Member Hired on/after January 1, 2011 6 100%100% 61 96 9 60 92 90 59 88 8 58 84 80 57 80 75 56 76 70 55 72 65 For non-Local 77 participants hired before 1/1/2006 or Local 77 members hired before January 1, 2011, the Early Retirement Factor is increased, up to a maximum of 100%, by 1.0% (one percentage point) for each year of benefit service above 15. Staff_PR_031 Attachment E Page 34 of 36 Retirement Plan for Employees of Avista Corporation 31 January 2015 Benefit B Accrued benefit based on Benefit Service to termination date payable in full at or after age 65. If payments commence upon early retirement eligibility, the benefit is multiplied by the appropriate factor from the following table: Retirement Factor Table B Age Retirement Factor 6 100 64 9 63 90 6 86180 60 7 59 70 5 6 57 60 56 5 5 50 For non-Local 77 participants who were hired before 1/1/2006 or Local 77 members hired before January 1, 2011, the Early Retirement Factor is increased, up to a maximum of 100%, by 1.0% (one percentage point) for each year of benefit service above 15. Postponed retirement The Normal Retirement Benefit Formula applied to earnings and Service up to deferred retirement date. Payment commences on the actual retirement date. Vested termination Accrued benefit at date of termination with payments commencing at normal retirement date. If the Member has 15 years of Vesting Service, an election may be made for benefits to commence at any time after age 55, in which case benefits will be reduced from age 65 as discussed in “Early Retirement.” Disablement Accrued benefit commencing at Normal Retirement Date based on Final Average Earnings at time of disability but including as Benefit Service the period of the Member’s disability, contingent upon five years of Vesting Service at disability (10 years if employed in a position covered by a collective bargaining agreement). A disabled Member may elect Early Retirement when first eligible to do so, in which case the benefit is reduced Pre-retirement death If the Member was eligible for Early or Normal Retirement, the Monthly pre-retirement death benefit shall commence on the first day of the month following the Member’s death. If the Member’s death precedes Early or Normal Retirement eligibility, the Monthly pre- retirement death benefit shall commence on the earliest date on which the Member’s benefit could have commenced had he survived. Benefits commencing before the Member’s Normal Retirement Date will be reduced from Member’s age 65 as discussed in “Early Retirement.” Staff_PR_031 Attachment E Page 35 of 36 32 Retirement Plan for Employees of Avista Corporation Towers Watson Confidential Other Plan Provisions Forms of payment The normal form of benefit for non-married participants is the single life annuity. The normal form for married participants is a joint and survivor benefit with 66 2/3% of the participant’s benefit payable to the surviving spouse until the spouse is age 60 and 50% payable thereafter. Pension Increases None Plan participants’ contributions None Maximum on benefits and pay ll benefits and pay for any calendar year may not exceed the maximum standard limitations for that year as defined in the Internal Revenue Code. The plan provides for increasing the dollar limits automatically as such changes become effective. Increases in the dollar limits are assumed for determining pension cost but not for determining contributions. Future Plan Changes No future plan changes were recognized. Changes in Benefits Valued Since Prior Year There have been no changes in benefits valued since the prior valuation. Staff_PR_031 Attachment E Page 36 of 36 Retirement Plan for Employees of Avista Corporation Actuarial Valuation Report Disclosure for Fiscal Year Ending December 31, 2015 under US GAAP January 2016 Staff_PR_031 Attachment F Page 1 of 37 Staff_PR_031 Attachment F Page 2 of 37 Retirement Plan for Employees of Avista Corporation 1 January 2016 Table of Contents Purposes of valuation ................................................................................................................. 1 Section 1 : Summary of key results ........................................................................................... 3 Benefit cost, assets & obligations ........................................................................................... 3 Comments on results .............................................................................................................. 4 Basis for valuation ................................................................................................................... 4 Actuarial certification .................................................................................................................. 7 Section 2 : Accounting exhibits ............................................................................................... 11 2.1 Disclosed benefit cost ................................................................................................. 11 2.2 Balance sheet asset/(liability) ..................................................................................... 12 2.3 Accumulated other comprehensive (income)/loss ...................................................... 13 2.4 Additional disclosure information ................................................................................ 14 2.5 Changes in disclosed liabilities and assets ................................................................. 15 2.6 Reconciliation of net balances .................................................................................... 16 2.7 Reconciliation with prior year’s disclosure .................................................................. 17 Section 3 : Data exhibits ........................................................................................................... 19 3.1 Plan participant data ................................................................................................... 19 3.2 Age and service distribution of participating employees ............................................. 20 Appendix A - Statement of actuarial assumptions and methods ......................................... 21 Appendix B - Summary of plan provisions ............................................................................. 29 Staff_PR_031 Attachment F Page 3 of 37 2 Retirement Plan for Employees of Avista Corporation Willis Towers Watson Confidential This page is intentionally blank Staff_PR_031 Attachment F Page 4 of 37 Retirement Plan for Employees of Avista Corporation 1 January 2016 Purposes of valuation Avista Corporation (Avista) engaged Towers Watson Delaware Inc. (Willis Towers Watson) to value the Retirement Plan for Employees of Avista Corporation. As requested by Avista, this report provides information for year-end financial reporting purposes required by FASB Accounting Standards Codification Topic 715-20-50 (ASC 715) for your fiscal year ending December 31, 2015 for the Retirement Plan for Employees of Avista Corporation (the Plan). The exhibits present year-end financial reporting information in accordance with ASC 715-20-50, including net balance sheet position of the Plan, cash flow, plan asset information, amortization amounts during the fiscal year, participant information, the provisions on which the valuation is based, and the actuarial assumptions and methods used in the calculations. Additional input is required (as described below) by Avista in relation to the asset disclosures specified in ASC 715-20-50-1(d) (public entities). This report for purposes of year-end financial reporting supplements the Net Periodic Benefit Cost/(Income) report that was previously provided to Avista. These two reports should be considered together as a complete report for the Plan for your fiscal year ending December 31, 2015. See the Net Periodic Benefit Cost/(Income) report for additional information. Limitations This valuation has been conducted for the purposes described above and may not be suitable for any other purpose. In particular, please note the following: 1. As discussed above, certain year-end financial reporting information in accordance with ASC 715-20-50 is not included in this report and must be provided by Avista, as follows: ■ Categorization of assets, actual asset allocation at December 31, 2015 and December 31, 2014, and the target asset allocation for 2016. ■ A description of Avista’s investment policy for the assets held by the pension plan. ■ A description of the basis used to determine the expected long-term rate of return on plan assets. 2. This report is not intended to constitute a certification of the Adjusted Funding Target Attainment Percentage (AFTAP) under IRC §436 for any plan year. 3. This report does not determine funding requirements under IRC §430. 4. This report does not provide information for plan reporting under ASC 960. Staff_PR_031 Attachment F Page 5 of 37 2 Retirement Plan for Employees of Avista Corporation Willis Towers Watson Confidential 5. This report does not determine liabilities on a plan termination basis, for which a separate extensive analysis would be required. No funded status measure included in this report is intended to assess, and none may be appropriate for assessing, the sufficiency of plan assets to cover the estimated cost of settling benefit obligations, as all such measures differ in some way from plan termination obligations. In addition, funded status measures shown in this report do not reflect the current costs of settling obligations by offering immediate lump sum payments to participants and/or purchasing annuity contracts for the remaining participants (e.g., insurer profit, insurer pricing of contingent benefits and/or provision for anti-selection in the choice of a lump sum vs. an annuity). 6. The comparisons of accounting obligations to assets presented in this report cannot be relied upon to determine the need for nor the amount of required future plan contributions. Nevertheless, such comparisons may be useful to assess the need for future contributions because they reflect current interest rates at the measurement date in determining benefit obligations. However, asset gains and losses, demographic experience different from assumed, changes in interest rates, future benefit accruals, if any, and other factors will all affect the need for and amount of future contributions. In addition, if a plan is not required by law to be funded, benefit payments may also be paid directly as they come due. Staff_PR_031 Attachment F Page 6 of 37 Retirement Plan for Employees of Avista Corporation 3 January 2016 Section 1: Summary of key results Benefit cost, assets & obligations All monetary amounts shown in US Dollars Fiscal Year Beginning 01/01/2015 01/01/2014 Benefit Cost/ (Income) Net Periodic Benefit Cost/(Income) 24,404,562 12,393,575 Immediate Recognition of Benefit Cost/(Income) due to Special Events 0 0 Total Benefit Cost/(Income) 24,404,562 12,393,575 Measurement Date 12/31/2015 12/31/2014 Plan Assets Fair Value of Assets (FVA) 517,233,942 539,310,604 Return on Fair Value Assets during Prior Year (0.81%) 11.56% Benefit Obligations Accumulated Benefit Obligation (ABO) (516,797,867) (526,555,326) Projected Benefit Obligation (PBO) (584,130,180) (604,811,181) Funded Ratios Fair Value of Assets to ABO 100.1% 102.4% Fair Value of Assets to PBO 88.5% 89.2% Accumulated Other Comprehensive (Income)/Loss Net Prior Service Cost/(Credit) 25,336 255,613 Net Loss/(Gain) 154,777,035 165,555,659 Total Accumulated Other Comprehensive (Income)/Loss 154,802,371 165,811,272 Assumptions Discount Rate 4.58% 4.21% Expected Long-term Rate of Return on Plan Assets 5.30% 6.60% Rate of Compensation Increase 2.50% - 14.00% 2.50% - 16.00% Participant Data Census Date 01/01/2015 01/01/2014 Staff_PR_031 Attachment F Page 7 of 37 4 Retirement Plan for Employees of Avista Corporation Willis Towers Watson Confidential Comments on results The actuarial gain due to demographic experience, including any assumption changes, during the prior year was $35,445,013. The gain due to demographic experience was primarily due to an increase in the discount rate from 4.21% to 4.58%. The loss due to investment return different from assumed during the prior year was $32,604,954. The accumulated other comprehensive income prior to tax adjustments decreased from $165,811,272 as of December 31, 2014 to $154,802,371 as of December 31, 2015. The decrease resulted primarily from the change in discount rate from 4.21% to 4.58%. Basis for valuation Appendix A summarizes the assumptions and methods used in the valuation. Appendix B summarizes our understanding of the principal provisions of the plan being valued. Changes in assumptions The following assumption changes were made at December 31, 2015: ■ The discount rate was changed from 4.21% to 4.58% to better reflect market conditions as of the measurement date. ■ The assumed mortality used in lump sum conversion of annuity benefits was changed from the applicable IRC 417(e) mortality tables for 2015 to the applicable IRC 417(e) mortality tables for 2016 to better reflect the situation at the measurement date. ■ The assumed salary increases for participants under age 25 were reduced from 16.0% to 14.0%, ages 25-29 were reduced from 10.0% to 8.5%, ages 35-39 were reduced from 6.0% to 5.5%, ages 40-44 were reduced from 5.0% to 4.5%, ages 45-49 were reduced from 4.5% to 4.0%, and ages 50-54 were reduced from 3.7% to 3.5% (based on the annual experience analysis) to better reflect anticipated experience. Changes in methods None. Changes in benefits valued None. Subsequent events None. Staff_PR_031 Attachment F Page 8 of 37 Retirement Plan for Employees of Avista Corporation 5 January 2016 Additional information None. Staff_PR_031 Attachment F Page 9 of 37 6 Retirement Plan for Employees of Avista Corporation Willis Towers Watson Confidential This page is intentionally blank Staff_PR_031 Attachment F Page 10 of 37 Retirement Plan for Employees of Avista Corporation 7 January 2016 Actuarial certification This valuation has been conducted in accordance with generally accepted actuarial principles and practices. However, please note the information discussed below regarding this valuation. Reliances In preparing the results presented in this report, we have relied upon information regarding plan provisions, participants, assets, and sponsor accounting policies and methods provided by Avista and other persons or organizations designated by Avista. We have relied on all the data and information provided as complete and accurate. We have reviewed this information for overall reasonableness and consistency, but have neither audited nor independently verified this information. Based on discussions with and concurrence by the plan sponsor, assumptions or estimates may have been made if data were not available. We are not aware of any errors or omissions in the data that would have a significant effect on the results of our calculations. The results presented in this report are directly dependent upon the accuracy and completeness of the underlying data and information. Any material inaccuracy in the data, assets, plan provisions or other information provided to us may have produced results that are not suitable for the purposes of this report and such inaccuracies, as corrected by Avista, may produce materially different results that could require that a revised report be issued. Except as otherwise provided herein, the results presented are based on the data, assumptions, methods, plan provisions and other information outlined in the actuarial valuation report to determine pension cost for the fiscal year ending December 31, 2015 provided to Avista on October 30, 2015. Therefore, such information, and the reliances and limitations of the valuation report and its use, should be considered part of this report for purposes of year-end financial reporting. Measurement of benefit obligations, plan assets and balance sheet adjustments Census date/measurement date The measurement date is December 31, 2015. The benefit obligations were measured as of Avista’s December 31, 2015 fiscal year end and are based on participant data as of the census date, January 1, 2015. We have projected forward benefit obligations to the end of the year, adjusting for benefit payments, expected growth in benefit obligations, changes in key assumptions and plan provisions, and any significant changes in plan demographics that occurred during the year. Based on our discussions with Avista, it is our understanding that no significant changes in plan demographics have occurred during the year. Staff_PR_031 Attachment F Page 11 of 37 8 Retirement Plan for Employees of Avista Corporation Willis Towers Watson Confidential Plan assets and balance sheet adjustments Information about the fair value of plan assets was furnished to us by Avista. Avista also provided information about the general ledger account balances for the pension plan cost at December 31, 2015, which reflect the expected funded status of the plans before adjustment to reflect the funded status based on the year-end measurements. Willis Towers Watson used information supplied by Avista regarding amounts recognized in accumulated other comprehensive income as of December 31, 2015. This data was reviewed for reasonableness and consistency, but no audit was performed. Accumulated other comprehensive (income)/loss amounts shown in the report are shown prior to adjustment for tax effects. Any tax effects in AOCI should be determined in consultation with Avista’s tax advisors and auditors. Assumptions and methods under U.S. GAAP As required by U.S. GAAP, the actuarial assumptions and methods employed in the development of the pension cost and other financial reporting have been selected by Avista. Willis Towers Watson has concurred with these assumptions and methods. U.S. GAAP requires that each significant assumption “individually represent the best estimate of a particular future event.” The results shown in this report have been developed based on actuarial assumptions that, to the extent evaluated by Willis Towers Watson, we consider to be reasonable. Other actuarial assumptions could also be considered to be reasonable. Thus, reasonable results differing from those presented in this report could have been developed by selecting different reasonable assumptions. A summary of the assumptions and methods used is provided in Appendix A. Note that any subsequent changes in methods or assumptions for the December 31, 2015 measurement date will change the results shown in this report. Nature of actuarial calculations The results shown in this report are estimates based on data that may be imperfect and on assumptions about future events that cannot be predicted with any certainty. The effects of certain plan provisions may be approximated, or determined to be insignificant and therefore not valued. Reasonable efforts were made in preparing this valuation to confirm that items that are significant in the context of the actuarial liabilities or costs are treated appropriately, and are not excluded or included inappropriately. Any rounding (or lack thereof) used for displaying numbers in this report is not intended to imply a degree of precision, which is not a characteristic of actuarial calculations. If overall future plan experience produces higher benefit payments or lower investment returns than assumed, the relative level of plan costs reported in this valuation will likely increase in future valuations (and vice versa). Future actuarial measurements may differ significantly from the current Staff_PR_031 Attachment F Page 12 of 37 Retirement Plan for Employees of Avista Corporation 9 January 2016 measurements presented in this report due to many factors, including: plan experience differing from that anticipated by the economic or demographic assumptions, changes in economic or demographic assumptions, increases or decreases expected as part of the natural operation of the methodology used for the measurements (such as the end of an amortization period), and changes in plan provisions or applicable law. Due to the limited scope of our assignment, we did not perform an analysis of the potential range of such future measurements. See Basis for Valuation in Section 1 above for a discussion of any material events that have occurred after the valuation date that are not reflected in this valuation. Limitations on use This report is provided subject to the terms set out herein and in our engagement letter dated January 4, 2002 and any accompanying or referenced terms and conditions. The information contained in this report was prepared for the internal use of Avista and its auditors in connection with our actuarial valuation of the pension plan as described in Purposes of Valuation above. It is not intended for and may not be used for other purposes, and we accept no responsibility or liability in this regard. Avista may distribute this actuarial valuation report to the appropriate authorities who have the legal right to require Avista to provide them this report, in which case Avista will use best efforts to notify Willis Towers Watson in advance of this distribution. Further distribution to, or use by, other parties of all or part of this report is expressly prohibited without Willis Towers Watson’s prior written consent. Willis Towers Watson accepts no responsibility for any consequences arising from any other party relying on this report or any advice relating to its contents. Staff_PR_031 Attachment F Page 13 of 37 10 Retirement Plan for Employees of Avista Corporation Willis Towers Watson Confidential Professional qualifications The undersigned consulting actuaries are members of the Society of Actuaries and meet the “Qualification Standards for Actuaries Issuing Statements of Actuarial Opinion in the United States” relating to pension plans. Our objectivity is not impaired by any relationship between the plan sponsor and our employer, Willis Towers Watson. Susan E. Hedrick, FSA, EA Senior Consulting Actuary January 2016 Willis Towers Watson Erik A. Heiskanen, FSA, EA Consulting Actuary January 2016 Willis Towers Watson http://natct.internal.towerswatson.com/clients/603039/Avista2015RET/Documents/2015 Avista Pension Disclosure Report.docx Staff_PR_031 Attachment F Page 14 of 37 Retirement Plan for Employees of Avista Corporation 11 January 2016 Section 2: Accounting exhibits 2.1 Disclosed benefit cost All monetary amounts shown in US Dollars Fiscal Year Ending 12/31/2015 12/31/2014 A Disclosed Benefit Cost 1 Employer service cost 19,839,411 15,651,418 2 Interest cost 24,924,083 24,954,043 3 Expected return on assets (28,299,830) (32,130,553) 4 Subtotal 16,463,664 8,474,908 5 Net prior service cost/(credit) amortization 2,333 21,555 6 Net loss/(gain) amortization 7,938,565 3,897,112 7 Subtotal 7,940,898 3,918,667 8 Net periodic benefit cost/(income) 24,404,562 12,393,575 9 Curtailments 0 0 10 Settlements 0 0 11 Special/contractual termination benefits 0 0 12 Disclosed benefit cost 24,404,562 12,393,575 B Assumptions Used to Determine Benefit Cost1 1 Discount rate 4.21% 5.10% 2 Long-term rate of return on assets 5.30% 6.60% 3 Rate of compensation increase 2.50% - 16.00% 2.50% - 19.00% 1 These assumptions were used to calculate Net Periodic Benefit Cost/(Income) as of the beginning of the year. Rates are expressed on an annual basis where applicable. See Appendix A for interim measurements, if any. Staff_PR_031 Attachment F Page 15 of 37 12 Retirement Plan for Employees of Avista Corporation Willis Towers Watson Confidential 2.2 Balance sheet asset/(liability) All monetary amounts shown in US Dollars Fiscal Year Ending 12/31/2015 12/31/2014 A Development of Balance Sheet Asset/(Liability) 1 Projected benefit obligation (PBO) (584,130,180) (604,811,181) 2 Fair value of assets (FVA) 1 517,233,942 539,310,604 3 Net balance sheet asset/(liability) (66,896,238) (65,500,577) B Current and Noncurrent Allocation 1 Noncurrent asset 0 0 2 Current liability 0 0 3 Noncurrent liability (66,896,238) (65,500,577) 4 Net balance sheet asset/(liability) (66,896,238) (65,500,577) C Reconciliation of Net Balance Sheet Asset/(Liability) 1 Net balance sheet asset/(liability) at end of prior fiscal year (65,500,577) (19,559,559) 2 Employer service cost (19,839,411) (15,651,418) 3 Interest cost (24,924,083) (24,954,043) 4 Actual return on assets (4,305,124) 55,973,580 5 Plan amendments 227,944 0 6 Actuarial gain/(loss) 35,445,013 (93,309,137) 7 Employer contributions 12,000,000 32,000,000 8 Benefits paid directly by Avista 0 0 9 Transfer payments 0 0 10 Acquisitions/divestitures 0 0 11 Curtailments 0 0 12 Settlements (if settled using corporate cash) 0 0 13 Special/contractual termination benefits 0 0 14 Net balance sheet asset /(liability) at end of current fiscal year (66,896,238) (65,500,577) D Assumptions and Dates Used at Disclosure 1 Discount rate 4.58% 4.21% 2 Rate of compensation increase 2.50% - 14.00% 2.50% - 16.00% 3 Census date 01/01/2015 01/01/2014 1 Excludes receivable contributions. Staff_PR_031 Attachment F Page 16 of 37 Retirement Plan for Employees of Avista Corporation 13 January 2016 2.3 Accumulated other comprehensive (income)/loss All monetary amounts shown in US Dollars Fiscal Year Ending 12/31/2015 12/31/2014 A Accumulated Other Comprehensive (Income)/Loss 1 Net prior service cost/(credit) 25,336 255,613 2 Net loss/(gain) 154,777,035 165,555,659 3 Accumulated other comprehensive (income)/loss1 154,802,371 165,811,272 B Development of Accumulated Other Comprehensive (Income)/Loss (AOCI) 1 AOCI at prior fiscal year end 165,811,272 100,263,829 2 Amounts amortized during the year a Net prior service (cost)/credit (2,333) (21,555) b Net (loss)/gain (7,938,565) (3,897,112) 3 Occurring during the year a Net prior service cost/(credit) (227,944) 0 b Net loss/(gain) (2,840,059) 69,466,110 4 AOCI at current fiscal year end 154,802,371 165,811,272 1 Amount shown is pre-tax and should be adjusted by plan sponsor for tax effects. Staff_PR_031 Attachment F Page 17 of 37 14 Retirement Plan for Employees of Avista Corporation Willis Towers Watson Confidential 2.4 Additional disclosure information All monetary amounts shown in US Dollars A Accumulated Benefit Obligation (ABO) 1 ABO at current fiscal year end (516,797,867) 2 ABO at prior fiscal year end (526,555,326) B Expected Future Benefit Payments 1 During fiscal year ending 12/31/2016 27,606,366 2 During fiscal year ending 12/31/2017 28,649,552 3 During fiscal year ending 12/31/2018 29,645,514 4 During fiscal year ending 12/31/2019 31,103,134 5 During fiscal year ending 12/31/2020 32,493,299 6 During fiscal years ending 12/31/2021 through 12/31/2025 180,146,706 C Expected Contributions during fiscal year ending December 31, 2016 1 Employer 12,000,000 D Expected Amortization Amounts during fiscal year ending December 31, 20161 1 Amortization of net prior service cost/(credit) 2,333 2 Amortization of net loss/(gain) 7,326,318 3 Total 7,328,651 1 These amounts have been determined assuming there are no special events, plan amendments, assumption changes, or actuarial losses/(gains) during the upcoming fiscal year. Staff_PR_031 Attachment F Page 18 of 37 Retirement Plan for Employees of Avista Corporation 15 January 2016 2.5 Changes in disclosed liabilities and assets All monetary amounts shown in US Dollars Fiscal Year Ending 12/31/2015 12/31/2014 A Change in Projected Benefit Obligation (PBO) 1 PBO at prior fiscal year end 604,811,181 501,061,662 2 Employer service cost 19,839,411 15,651,418 3 Interest cost 24,924,083 24,954,043 4 Actuarial loss/(gain) (35,445,013) 93,309,137 5 Plan participants’ contributions 0 0 6 Benefits paid from plan assets (29,771,538)(30,165,079) 7 Benefits paid from Avista 0 0 8 Transfers from (to) other plans 0 0 9 Administrative expenses paid 0 0 10 Plan change (227,944) 0 11 Acquisitions/(divestitures) 0 0 12 Curtailments 0 0 13 Settlements 0 0 14 Special/contractual termination benefits 0 0 15 PBO at current fiscal year end 584,130,180 604,811,181 B Change in Plan Assets 1 Fair value of assets at prior fiscal year end 539,310,604 481,502,103 2 Actual return on assets (4,305,124) 55,973,580 3 Employer contributions 12,000,000 32,000,000 4 Plan participants’ contributions 0 0 5 Benefits paid (29,771,538)(30,165,079) 6 Transfer payments 0 0 7 Administrative expenses paid 0 0 8 Acquisitions/(divestitures) 0 0 9 Settlements 0 0 10 Fair value of assets at current fiscal year end 517,233,942 539,310,604 Staff_PR_031 Attachment F Page 19 of 37 16 Retirement Plan for Employees of Avista Corporation Willis Towers Watson Confidential 2.6 Reconciliation of net balances All monetary amounts shown in US Dollars A Reconciliation of Net Prior Service Cost/(Credit) Measurement Date Established Original Amount Net Amount at 12/31/2014 Other Events1 Effect of Curtailments Amortization Amount in 2015 Net Amount at 12/31/2015 Remaining Amortization Period Amortization Amount in 2016 12/31/2013 277,168 255,613 (227,944) 0 2,333 25,336 10.85864 2,333 Total 255,613 (227,944) 0 2,333 25,336 2,333 All monetary amounts shown in US Dollars B Reconciliation of Net Loss/(Gain) Net Amount at 12/31/2014 mortization Amount in 2015 Experience Loss/(Gain) Effect of Curtailments Effect of Settlements Net Amount at 12/31/2015 Amortization Amount in 2016 2 165,555,659 7,938,565 (2,840,059)0 0 154,777,035 7,326,318 1 The decrease in PBO due to the plan amendment changing the lump sum benefit for Local 659 participants partially offsets the existing Net Prior Service Cost base. 2 (Gain)/Loss in excess of 10% of the greater of PBO and MRVA is amortized over the average expected future working lifetime of 13.15313 years. Staff_PR_031 Attachment F Page 20 of 37 Retirement Plan for Employees of Avista Corporation 17 January 2016 2.7 Reconciliation with prior year’s disclosure All monetary amounts shown in US Dollars Projected Benefit Obligation (i) Fair Value of Assets (ii) Net Balance Sheet Asset / (Liability) (i+ii) (iii) Net Prior Service Cost / (Credit) (iv) Net Loss / (Gain) (v) ccumulated Other Comprehensive (Income)/Loss (iv+v) (vi) 1 At December 31, 2014 (604,811,181) 539,310,604 (65,500,577) 255,613 165,555,659 165,811,272 2 Employer service cost (19,839,411) 0 (19,839,411) 0 0 0 3 Interest cost (24,924,083) 0 (24,924,083) 0 0 0 4 Expected asset return 0 28,299,830 28,299,830 0 0 0 5 Amortizations 0 0 (2,333) (7,938,565) (7,940,898) 6 Experience loss/gain 35,445,013 (32,604,954) 2,840,059 0 (2,840,059) (2,840,059) 7 Employer contributions 0 12,000,000 12,000,000 0 0 0 8 Plan participants’ contributions 0 0 0 0 0 0 9 Benefits paid 29,771,538 (29,771,538)0 0 0 0 10 Administrative expenses paid 0 0 0 0 0 0 11 Plan changes 227,944 0 227,944 (227,944) 0 (227,944) 12 Acquisitions/divestitures 0 0 0 0 0 0 13 Curtailments 0 0 0 0 0 0 14 Settlements 0 0 0 0 0 0 15 Special/contractual termination benefits 0 0 0 0 0 0 16 Transfer payments 0 0 0 0 0 0 17 At December 31, 2015 (584,130,180) 517,233,942 (66,896,238) 25,336 154,777,035 154,802,371 Staff_PR_031 Attachment F Page 21 of 37 18 Retirement Plan for Employees of Avista Corporation Willis Towers Watson Confidential This page is intentionally blank Staff_PR_031 Attachment F Page 22 of 37 Retirement Plan for Employees of Avista Corporation 19 January 2016 Section 3: Data exhibits 3.1 Plan participant data All monetary amounts shown in US Dollars Census Date 01/01/2015 01/01/2014 A Participating Employees 1 Number 1,536 1,507 2 Expected plan compensation for year beginning on the valuation date 124,784,124 120,873,295 3 Average expected plan compensation 81,240 80,208 4 Average age 46.28 46.48 5 Average credited service 13.22 13.52 B Participants with Deferred Benefits 1 Number 220 240 2 Total annual pension 1,489,929 1,614,157 3 Average annual pension 6,772 6,726 4 Average age 55.05 54.56 5 Distribution at January 1, 2015 Age Numbe Annual Pension Under 40 11 47,448 40-44 10 60,971 45-49 20 171,439 50-54 50 372,901 55-59 70 512,886 60-64 55 305,614 65 and over 4 18,670 C Participants Receiving Benefits 1 Number 1,171 1,146 2 Total annual pension 21,235,090 20,371,515 3 Average annual pension 18,134 17,776 4 Average age 73.49 73.47 5 Distribution at January 1, 2015 Age Numbe Annual Pension Under 55 9 54,979 55-59 48 1,351,255 60-64 167 5,129,064 65-69 311 6,339,871 70-74 200 3,237,464 75-79 148 2,135,627 80-84 111 1,270,503 85 and over 177 1,716,326 Staff_PR_031 Attachment F Page 23 of 37 20 Retirement Plan for Employees of Avista Corporation Wills Towers Watson Confidential 3.2 Age and service distribution of participating employees Attained Age ttained Years of Credited Service and Number1 0 1 2 3 4 5-9 10-14 15-19 20-24 25-29 30-34 35-39 40 & Over Total Under 25 0 9 5 5 5 0 0 0 0 0 0 0 0 24 25-29 0 23 17 13 7 24 0 0 0 0 0 0 0 84 30-34 0 21 21 26 9 62 19 0 0 0 0 0 0 158 35-39 0 25 18 19 12 64 44 23 0 0 0 0 0 205 40-44 0 11 16 15 11 46 59 36 13 0 0 0 0 207 45-49 0 11 11 16 12 40 39 48 30 11 2 0 0 220 50-54 0 3 9 9 12 33 44 45 40 33 11 1 0 240 55-59 0 3 3 6 1 24 31 42 37 37 65 19 0 268 60-64 0 3 3 6 3 13 8 20 18 9 14 12 4 113 65-69 0 0 0 0 1 1 5 3 2 1 2 0 2 17 70 & over 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 109 103 115 73 307 249 217 140 91 94 32 6 1,536 Average: Age 46.28 Number of Participants: Fully vested 1,145 Males 1,080 Service 13.22 Partially vested 0 Females 456 Census data as of January 1, 2015 1 Ages and service totals for purposes of determining category are based on exact (not rounded) values. Staff_PR_031 Attachment F Page 24 of 37 Retirement Plan for Employees of Avista Corporation 21 January 2016 Appendix A - Statement of actuarial assumptions and methods Plan Sponsor Avista Corporation Statement of Assumptions The assumptions disclosed in this Appendix are for the fiscal year end December 31, 2015 financial reporting. Actuarial Assumptions and Methods Economic Assumptions Discount Rate 4.58% Expected Long-Term Return on Assets for 2015 5.30% Compensation/Salary Increases Future compensation will increase at the following rates, compounded annually. Age Rate Below 25 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 65 and over 14.0% 8.5% 7.5% 5.5% 4.5% 4.0% 3.5% 3.5% 3.0% 2.5% Lump Sum Conversion In converting annuity benefits into lump sums, the applicable IRC 417(e) mortality tables for 2016 and interest rates of 4.5% in 2015 increasing 0.5% per year to the ultimate rate of 6.0% in 2018 and beyond, were used. Staff_PR_031 Attachment F Page 25 of 37 22 Retirement Plan for Employees of Avista Corporation Willis Towers Watson Confidential Future Increases in Social Security Not applicable Future Increases in Maximum Benefits and Plan Compensation/Salary Limitations It is assumed that maximum benefit and plan compensation limitations will increase 3.00% per year in the future. Demographic and Other Assumptions Inclusion Date The valuation date coincident with or next following the enrollment date on which the employee becomes a participant. Administrative Expenses The amount included this year for administrative expenses is $0. Mortality Separate rates for non-annuitants (based on RP-2014 “Employees” table as of 2007 without collar or amount adjustments) and annuitants (based on RP-2014 “Healthy Annuitants” table as of 2007 without collar or amount adjustments), with generational projection using Scale MP-2014 mortality improvement rates as of 2007 converging linearly to 0.80% by 2017 (for ages 85 and below). Long-term mortality improvement rates grade linearly from 0.80% at age 85 to 0.00% at age 95 and over. Benefit Commencement Date ■ Preretirement death benefit The later of the death of the active participant or the date the participant would have been eligible to retire. ■ Deferred vested The later of age 55 or termination of employment for current actives, age 65 for deferred vested participants at the valuation date. ■ Disablilty benefit At age 65 for current actives, and the later of age 55 and 15 years of vesting service for current disabled participants. ■ Retirement benefit Upon termination of employment Staff_PR_031 Attachment F Page 26 of 37 Retirement Plan for Employees of Avista Corporation 23 January 2016 Retirement It is assumed that participants will retire upon becoming eligible for normal retirement. The rates at which participants are assumed to retire by age are shown below: Age Rate 55 7.0% 56 5.0 57 8.0 58 11.0 59 11.0 60 11.0 61 18.0 62 30.0 63 25.0 64 20.0 65 40.0 66 50.0 67 25.0 68 25.0 69 75.0 70 100.0 Disability Rates Rates of disability are based on experience from 1976 to 1980 under Group LTD plans as reported under the transactions of the Society of Actuaries. Disabled annuitant mortality is assumed to be the same as healthy life mortality at age 70 and over, but the mortality rates at lower ages are assumed to be equal to the age 70 rates. Disabled Mortality The disability mortality table is 1992 Railroad Retirement Board Disabled Annuitants. Representative Termination Rates (not due to disability, retirement or mortality) The rates at which participants are assumed to leave Avista Corporation by age are shown below: Attained Age Rate Less than 25 13.0% 25-29 3.5 30-34 3.5 35-39 1.5 40-44 3.0 45-49 1.5 50-54 1.5 55-59 3.0 60-64 6.0 65 and over 0.0 Staff_PR_031 Attachment F Page 27 of 37 24 Retirement Plan for Employees of Avista Corporation Willis Towers Watson Confidential Form of Payment It is assumed that 50% of non-retirement-eligible participants elect a lump sum benefit and 50% elect an annuity benefit payable in the normal form. The following table shows the assumed elections of retirement eligible participants: Local 77 Non-Union and Local 659 Lump Sum Annuity Lump Sum Annuity 5% 95% 25% 75% Marriage For purposes of valuing the pre-retirement surviving spouse’s benefit, 85% of eligible male participants are assumed to be married and 70% of eligible female participants are assumed to be married. Male participants are assumed to be 3 years older than their spouses and female participants are assumed to be 3 years younger than their spouses. Employees It was assumed that there will be no new or rehired employees. Plan Compensation/Salary Compensation assumed paid in the current year beginning on the valuation date is the prior year pay increased by the assumed compensation increase rate. Methods – Funded Position Cost Method The Projected Unit Credit Cost Method is used to determine the present value of the Projected Benefit Obligation and the related current service cost. Under this method, a “projected accrued benefit” is calculated based upon service as of the date of valuation, but when the benefit formula is based on future compensation and social security levels, using assumptions about the growth of those amounts projected to the age at which the employee is assumed to leave active service. In normal circumstances the "projected accrued benefit" is based upon the Plan's accrual formula. However, if service in later years leads to a materially higher level of benefit than in earlier years, the "projected accrued benefit" is calculated by attributing benefits on a straight-line basis over the relevant period. Asset Method The fair value of assets is used to determine the expected investment return during the year. Census Date/Measurement Date The measurement date is December 31, 2015. For purposes of determining benefit obligations as of the measurement date, participant data as of the census date, January 1, 2015 are used. Benefit obligations are projected to the measurement date by assuming no actuarial gains or losses in the interim, except for those assumption changes necessary to reflect the situation at the measurement date. To the best of our knowledge, there were no significant events that would render the projection inappropriate. Staff_PR_031 Attachment F Page 28 of 37 Retirement Plan for Employees of Avista Corporation 25 January 2016 Amortization of Net Gain or Loss Amortization of the net gain or loss resulting from experience different from that assumed and from changes in assumptions (excluding asset gains and losses not yet reflected in market-related value) is included as a component of Net Periodic Benefit Cost/(Income) for the year. If, as of the beginning of the year, that net gain or loss exceeds 10% of the greater of the projected benefit obligation and the market-related value of plan assets, the amortization is that excess divided by the average remaining service period of participating employees expected to receive benefits under the plan. Amortization of Net Prior Service Cost/(Credit) Amortization of net prior service cost/(credit) resulting from a plan change is included as a component of Net Periodic Benefit Cost/(Income) in the year first recognized and every year thereafter until such time as it is fully amortized. The annual amortization payment is determined in the first year as the increase in Projected Benefit Obligation due to the plan change divided by the average remaining service period of participating employees expected to receive benefits under the Plan. However, when the plan change decreases the Projected Benefit Obligation, existing positive prior service costs and then, transition obligation are reduced or eliminated before a prior service credit base is posted starting with the earliest established. Benefits Not Included in Valuation None. All benefits described in the Plan Provisions section of this report were valued based on discussions with Avista Corporation. Willis Towers Watson has reviewed the plan provisions with Avista Corporation and, based on that review, is not aware of any significant benefits required to be valued that were not. Significant Events since Last Actuarial Valuation Report There were no significant events since the last valuation that impact plan liabilities. Data Sources Participant data was provided by Avista Corporation as of the census date. Assumptions Rationale - Significant Economic Assumptions Discount rate As required by U.S. GAAP, the discount rate was chosen by the plan sponsor based on the plan’s expected benefit payments discounted using Willis Towers Watson’s BOND:Link discount rate modeller. Expected return on plan assets We understand that the expected return on assets assumption reflects the plan sponsor’s estimate of future experience for trust asset returns, reflecting the plan‘s current asset allocation and any expected changes during the current plan year, current market conditions and the plan sponsor’s expectations for future market conditions. Staff_PR_031 Attachment F Page 29 of 37 26 Retirement Plan for Employees of Avista Corporation Willis Towers Watson Confidential Compensation/Salary increases Assumed increases were chosen by the plan sponsor based on an annual review of plan experience. As required by U.S. GAAP, this represents the plan sponsor’s estimate of future experience. Lump sum conversion rate The plan sponsor has selected a conversion rate of 4.5% in 2015, increasing by 0.5% per year to 6.0% for years 2018 and beyond. As required by U.S. GAAP, this represents the plan sponsor’s estimate of future experience. Rates of increase in maximum benefits and plan compensation/salary limitations and National Average Wages (NAW) CPI Assumed increases were chosen by the plan sponsor and, as required by U.S. GAAP, they represent an estimate of future experience. Assumptions Rationale – Significant Demographic Assumptions Healthy mortality The mortality assumption represents a best estimate of future experience. The base table was chosen after considering the mixed collar composition of the covered group. Mortality improvement was assumed generationally using a modified version of Scale MP. Modifications were supported by recent trends in mortality improvement for age 95 and above. Mortality improvement is assumed beyond the valuation date because recent experience evidenced by the Society of Actuaries’ study that produced the RP 2014 table indicates that longevity has continued to improve. Termination Termination rates were based on the 2008-2012 experience analysis presented to Avista in December 2013, and were adjusted for future expectations. Retirement Retirement rates were based on the 2008-2012 experience analysis presented to Avista in December 2013, and were adjusted for future expectations. Deferred vested benefit commencement date Deferred vested participants’ assumed commencement age is a single age intended to capture the average age at commencement, based on plan experience. Source of Prescribed Methods Accounting methods The methods used for accounting purposes as described in Appendix A, are “prescribed methods set by another party”, as defined in the actuarial standards of practice (ASOPs). As Staff_PR_031 Attachment F Page 30 of 37 Retirement Plan for Employees of Avista Corporation 27 January 2016 required by U.S. GAAP, these methods were selected by the plan sponsor. Changes in Assumptions and Methods The following assumption changes were made at December 31, 2015: ■ The discount rate was changed from 4.21% to 4.58% to better reflect market conditions as of the measurement date. ■ The assumed mortality used in lump sum conversion of annuity benefits was changed from the applicable IRC 417(e) mortality tables for 2015 to the applicable IRC 417(e) mortality tables for 2016 to better reflect the situation at the measurement date. ■ The assumed salary increases for participants under age 25 were reduced from 16.0% to 14.0%, ages 25-29 were reduced from 10.0% to 8.5%, ages 35-39 were reduced from 6.0% to 5.5%, ages 40-44 were reduced from 5.0% to 4.5%, ages 45-49 were reduced from 4.5% to 4.0%, and ages 50-54 were reduced from 3.7% to 3.5% (based on the annual experience analysis) to better reflect anticipated experience. There were no other changes in assumptions and methods since the prior valuation. Staff_PR_031 Attachment F Page 31 of 37 28 Retirement Plan for Employees of Avista Corporation Willis Towers Watson Confidential This page is intentionally blank Staff_PR_031 Attachment F Page 32 of 37 Retirement Plan for Employees of Avista Corporation 29 January 2016 Appendix B - Summary of plan provisions Plan Provisions The plan was originally effective March 1, 1948, restated as of January 1, 2010. The plan was amended effective April 1, 2014 to close the plan to Local 659 Members hired after March 31, 2014, and to include the value of early retirement subsidies in lump sums for Local 659 retirement eligible participants terminating on or after April 1, 2014. Coverage and Participation n employee becomes a Member after completing a year of service with at least 1,000 hours of Service. ■ The plan is closed to non-union employees hired or rehired after December 31, 2013. ■ The plan is closed to Local 659 Members hired or rehired after March 31, 2014. ■ Local 77 Member: A member of IBEW Local 77 or a member of Local 77 who transferred out of membership in Local 77 and remained employed. A rehired former Local 77 member hired into a position not covered by IBEW Local 77 shall not be treated as a Local 77 member. Definitions Vesting service One month of Vesting Service for each month of employment. Credited service ■ Prior to 1/1/80 One month of Benefit Service for each month of employment beginning on or after the Hire Date. ■ After 1/1/80 One year of Benefit Service for each Plan Year after the Hire Date in which the Member has 2,080 Hours of Service. Partial credit is given for a year in which the Member has at least 1,000 Hours of Service at the rate of one-twelfth of a year for each 173-1/3 Hours of Service (rounded up). Pension Earnings Base pay excluding overtime and other special compensation, but including contributions to a 401(k) plan. Final average earnings The average of the highest consecutive 36 months earnings during Member’s last 120 months. Normal retirement date (NRD) The first day of the month coinciding with or next following the later of 1) 65th birthday, or 2) 5 years since the first day of hire. Staff_PR_031 Attachment F Page 33 of 37 30 Retirement Plan for Employees of Avista Corporation Willis Towers Watson Confidential Monthly pension benefit ■ For non-Local 77 participants hired on or after January 1, 2006 and Local 77 members hired on or after January 1, 2011, the benefit is 1.2% of Final Average Earnings for each year of Benefit Service. ■ For all other participants, the benefit is 1.5% of Final Average Earnings for each year of Benefit Service. Monthly preretirement death benefit The amount of a surviving spouse’s pension benefit shall be equal to 66- 2/3% of the Member’s Accrued Benefit until the spouse reaches age 60 and shall be equal to 50% of the Member’s Accrued Benefit thereafter. Eligibility for Benefits Normal retirement Retirement on NRD Early retirement Eligibility A: Attained age 55 prior to termination with at least 15 years Vesting Service. Eligibility B: Attained age 55 after termination with at least 15 years of Vesting Service. Postponed retirement Continued employment beyond Normal Retirement Date. Vested termination Five years of Vesting Service. Disability Five Years of Vesting Service and a disability which prevents the Member from performing assigned duties and which is expected to be a permanent condition. Pre-retirement death benefit Death while eligible for normal, early, postponed, or deferred vested retirement benefits. Benefits Paid Upon the Following Events Normal retirement Monthly pension benefit determined as of NRD. Staff_PR_031 Attachment F Page 34 of 37 Retirement Plan for Employees of Avista Corporation 31 January 2016 Early retirement Benefit A: Accrued benefit based on Benefit Service to early retirement date payable in full at or after age 62. If payments commence immediately at date of early retirement the benefit is multiplied by the appropriate factor from the following table: Retirement Factor Table A Age Non-Local 77 Member Hired before 1/1/2006 or Local 77 Member Hired Before January 1, 2011 Non-Local 77 Member Hired on/after 1/1/2006 and Local 77 Member Hired on/after January 1, 2011 62 100% 100% 61 96 95 60 92 90 59 88 85 58 84 80 57 80 75 56 76 70 55 72 65 For non-Local 77 participants hired before 1/1/2006 or Local 77 members hired before January 1, 2011, the Early Retirement Factor is increased, up to a maximum of 100%, by 1.0% (one percentage point) for each year of benefit service above 15. Benefit B: Accrued benefit based on Benefit Service to termination date payable in full at or after age 65. If payments commence upon early retirement eligibility, the benefit is multiplied by the appropriate factor from the following table: Retirement Factor Table B Age Retirement Factor 65 100% 64 95 63 90 62 85 61 80 60 75 59 70 58 65 57 60 56 55 55 50 For non-Local 77 participants who were hired before 1/1/2006 or Local 77 members hired before January 1, 2011, the Early Retirement Factor is increased, up to a maximum of 100%, by 1.0% (one percentage point) for each year of benefit service above 15. Staff_PR_031 Attachment F Page 35 of 37 32 Retirement Plan for Employees of Avista Corporation Willis Towers Watson Confidential Postponed retirement The Normal Retirement Benefit Formula applied to earnings and Service up to deferred retirement date. Payment commences on the actual retirement date. Vested termination Accrued benefit at date of termination with payments commencing at normal retirement date. If the Member has 15 years of Vesting Service, an election may be made for benefits to commence at any time after age 55, in which case benefits will be reduced from age 65 as discussed in “Early Retirement.” Disablement Accrued benefit commencing at Normal Retirement Date based on Final Average Earnings at time of disability but including as Benefit Service the period of the Member’s disability, contingent upon five years of Vesting Service at disability (10 years if employed in a position covered by a collective bargaining agreement). A disabled Member may elect Early Retirement when first eligible to do so, in which case the benefit is reduced. Pre-retirement death If the Member was eligible for Early or Normal Retirement, the Monthly pre-retirement death benefit shall commence on the first day of the month following the Member’s death. If the Member’s death precedes Early or Normal Retirement eligibility, the Monthly pre-retirement death benefit shall commence on the earliest date on which the Member’s benefit could have commenced had he survived. Benefits commencing before the Member’s Normal Retirement Date will be reduced from Member’s age 65 as discussed in “Early Retirement.” Staff_PR_031 Attachment F Page 36 of 37 Retirement Plan for Employees of Avista Corporation 33 January 2016 Other Plan Provisions Forms of payment The normal form of benefit for non-married participants is the single life annuity. The normal form for married participants is a joint and survivor benefit with 66 2/3% of the participant’s benefit payable to the surviving spouse until the spouse is age 60 and 50% payable thereafter. Pension Increases None Plan participants’ contributions None Maximum on benefits and pay ll benefits and pay for any calendar year may not exceed the maximum standard limitations for that year as defined in the Internal Revenue Code. The plan provides for increasing the dollar limits automatically as such changes become effective. Increases in the dollar limits are assumed for determining pension cost but not for determining contributions. Future Plan Changes No future plan changes were recognized. Changes in Benefits Valued Since Prior Valuation None. Staff_PR_031 Attachment F Page 37 of 37 Page 1 of 1 AVISTA CORPORATION RESPONSE TO REQUEST FOR INFORMATION JURISDICTION: IDAHO DATE PREPARED: 06/15/2016 CASE NO.: AVU-E-16-03 WITNESS: Mark Thies REQUESTER: IPUC RESPONDER: Lauren Pendergraft TYPE: Production Request DEPARTMENT: Finance REQUEST NO.: Staff - 031 TELEPHONE: (509) 495-2998 REQUEST: Please provide copies of the Company’s pension and actuarial reports for the years 2010-2016. Also, please provide any actuarial calculations and documentation that show the development of FAS 87 expense (ASC 715 Compensation – Retirement Benefits as codified), company contributions, balances and assumptions. RESPONSE: See Staff_PR_031 Attachments A – F for the 2010-2016 actuarial reports. The reports contain the calculations, company contributions, balances, and assumptions. Due to the voluminous nature of the attachments, they are being provided in electronic format only. AVISTA CORPORATION RESPONSE TO REQUEST FOR INFORMATION JURISDICTION: IDAHO DATE PREPARED: 06/20/2016 CASE NO.: AVU-E-16-03 WITNESS: Scott Morris/Mark Thies REQUESTER: IPUC RESPONDER: Paul Kimball TYPE: Production Request DEPARTMENT: State & Federal Regulation REQUEST NO.: Staff - 032 TELEPHONE: (509) 495-4584 REQUEST: Please provide copies of the Board of Directors’ Materials distributed for/at meetings from 2014-2016 to date. Please also include the same for the Compensation Committee. RESPONSE: The Company has prepared a Virtual Data Room which houses the requested materials. Please contact Paul Kimball via email – paul.kimball@avistacorp.com – to get the required login and password information. AVISTA CORPORATION RESPONSE TO REQUEST FOR INFORMATION JURISDICTION: IDAHO DATE PREPARED: 06/10/2016 CASE NO: AVU-E-16-03 WITNESS: Elizabeth Andrews REQUESTER: IPUC RESPONDER: Ryan Finesilver TYPE: Production Request DEPARTMENT: State & Federal Regulation REQUEST NO.: Staff-034 TELEPHONE: (509) 495-4873 REQUEST: Please describe the fixed costs associated with the use of the Company-owned aircraft, such as pilot salaries, hangar fees, etc. Please provide the dollar amount posted in 2015 at the system level, the account(s) posted, how those costs were allocated or assigned to Idaho gas and Idaho electric operations. RESPONSE: Please see Staff_PR_034 Attachment A for a listing of utility costs associated with the company aircraft. These costs are allocated 23.040% to Idaho Electric and 5.432% to Idaho Gas. In general, fixed costs include the following: • Plane lease payments • Pilot salaries • Insurance • Hanger Rent • Maintenance These costs are primarily captured using Master Activity Code (MAC) 011, Corporate Aircraft Operations. Outside of the MAC 011 Project / Task combinations, there are two additional project / task combinations for training and professional fees which are included for Org Code L54; these costs are expensed as incurred. AVISTA CORPORATION RESPONSE TO REQUEST FOR INFORMATION JURISDICTION: IDAHO DATE PREPARED: 06/17/2016 CASE NO: AVU-E-16-03 WITNESS: Elizabeth Andrews REQUESTER: IPUC RESPONDER: Ryan Finesilver TYPE: Production Request DEPARTMENT: State & Federal Regulation REQUEST NO.: Staff - 035 TELEPHONE: (509) 495-4873 REQUEST: Please describe the variable costs associated with the use of the Company-owned aircraft, such as fuel. Please provide the dollar amount posted in 2014 at the system level, the account(s) posted, how those costs were allocated or assigned to Idaho gas and Idaho electric operations. RESPONSE: Please see Staff_PR_035 Attachment A for a listing of all variable costs associated with the company aircraft during the 2015 test period. Please also see Staff_PR_035 Attachment B for costs included in the pooling account. Variable Costs: • Fuel • Landing Fees Variable costs such as fuel and landing fees are captured in Project 77700115 / Task 184110. This is a pooling account that is used to captures costs. As the plane is used, a standard per minute rate is billed to the Projects and tasks which utilize the plane; this charge is used to offset costs pooled in the above account. Representatives from multiple departments may utilize the plane at any given time. When this occurs, the per-minute rate is allocated among the appropriate projects based on the number of travelers. All variable costs are allocated based on the number of passengers listed on the manifest and the purpose of their travel, and appropriately charge the use of the plane to either Utility or Non-Utility / Subsidiary operations. A total of $6,224 Idaho Electric expenses related to the company aircraft were removed from test period expenses in the Miscellaneous Restating Adjustment (adjustment 2.08 E-MR). Summary of Rate Orders Avista Corporation Q1 2015 Purpose: This report summarizes the findings and rulings of the various state Utility Commissions as they apply to Avista Corporation. These rate orders are available from the different state Utility Commission websites that Avista provides service, including:  Oregon – www.puc.idaho.gov  Washington – www.utc.wa.gov OREGON Case No. UG 284 Order No. 15-0547 (02/23/15) Background: On September 2, 2014, Avista filed for a general rate increase in Oregon for retail customers. The Commission suspended Avista’s filing until July 3, 2015 for investigations. A public meeting to take public comments on the proposed rate increase was held on December 11, 2014. The meeting was held simultaneously in White City, and Grants Pass, Oregon, with the Commissioners participating via video conference from Salem. In addition, the Commission received public comment via telephone, e-mail, and U.S. Mail. Following settlement discussions, Avista, Staff, CUB, and NWIGU filed an all-party stipulation on January 21, 2015, to resolve all issues in this docket. On January 28, 2015, the parties filed joint testimony in support of their stipulation. On January 29, 2015, Staff filed its own testimony in support of the stipulation, together with witness affidavits. The stipulation, joint testimony, and Staff’s testimony were received in evidence. On February 23, 2015, the Commission rejected Avista’s all-party settlement stipulation, for the requested General Rate Revision. The Commission rejected the stipulation due to concerns related to proposed early rate implementation credit, rate spread, and customer count tracking mechanism. The Judge is directed to convene a prehearing conference to set a schedule for further proceedings. http://apps.puc.state.or.us/orders/2015ords/15-054.pdf Case No. UM 1012 Order No. 15-057 (02/24/15) Background: At its public meeting on February 24, 2015, the PUC of Oregon Staff recommended the Commission issue an order setting the annual fee rate at 0.25 percent of 2014 gross operating revenues for electric, natural gas, water, and wastewater utilities. Staff_PR_008 Attachment A State Orders Listing Page 1 of 34 Effective March 1, 2015, the Commission issued an order to impose annual Regulatory Fees upon Public Utilities operating within the State of Oregon. The annual fee assessment rate is 0.25 percent in 2015 for electric, natural gas, water, and wastewater utilities. http://apps.puc.state.or.us/orders/2015ords/15-057.pdf Case No. LC 61 Order No. 15-063 (03/02/15) Background: on August 29, 2014, Avista filed its 2014 IRP. After rounds of comments filed by Staff, CUB, and Avista, the Staff presented its final recommendation on Avista’s 2014 IRP at the February 24, 2015 Public Meeting. On March 2, 2015, the Commission issued an order in the matter of Avista’s 2014 Integrated Resource Plan (IRP). The order acknowledged the IRP with certain revisions and additional requirements as follows: 1. Supply Side Actions a. No Major Resource Acquisition 2 Demand Side Actions a. By May 1, 2015, in addition to those items specified in Order No. 13-159, Avista shall file for Commission approval specific DSM targets for the next two to four years. As part of the filing, Avista should: i. Provide Total Resource Cost (TRC) benefit/cost ratios (BCR) and utility cost test (UCT) BCRs for each measure and program that has a TRC or UCT BCR of less than one; ii. Provide projected achievable savings for each measure and program identified in item a. above; and. iii. Recommend which, if any, measures it is requesting an exception for under docket UM 551, Order No. 94-590. b. Participate in NEEA’s new gas market transformation initiative, and in the next, IRP include and note specific gas market transformation savings potential that are part of the achievable resource potential. Additional Commission Directives: 1. As part of its next IRP process, Avista must convene workshops with Staff and stakeholders to explore how best to model major resource acquisitions and major capital investments. 2. For the next IRP, Avista must work with Staff and stakeholders to resolve forecasting methodology concerns, and seek to identify the most reliable methodology so that future resource needs may be clearly identified. 3. In its next IRP, Avista must include a clear presentation of how Avista decides which distribution system projects to include in the IRP, and a clear description of the included projects, along with a justification for recommending or proceeding with the projects. 4. As part of its next IRP process, Avista must convene discussions with Staff and stakeholders to discuss potential impacts associated with: 1) new regulations to reduce methane emissions; and 2) potential increases in natural gas prices stemming from Staff_PR_008 Attachment A State Orders Listing Page 2 of 34 increased demand for natural gas for generation under Section 111(d) of the Clean Air Act. http://apps.puc.state.or.us/orders/2015ords/15-063.pdf WASHINGTON Case Nos. UE-150204 and UG-150205 Order No. 01, 02, 03 Background: On February 9, 2015, Avista, filed with the UTC revisions to its currently effective Tariff WN U-28, Electric Service, the stated effective date is March 12, 2015. The purpose is to increase rates and charges for electric and gas service provided to customers in the state of Washington. On February 20, 2015, the Commission issued a Complaint and Order suspending Tariff Revisions and an Order of Consolidation for Dockets UE-150204 and UG-150205 in Avista’s General Rate Case. On February 20, 2015, the Commission issued a Protective Order in Dockets Confidentiality Agreements will have to be signed and returned in order to receive confidential materials and discovery items. On March 16, 2015, the Commission issued a Prehearing Conference Order and Notice of Hearing, set for October 5-8, 2015. The Procedural Schedule is found in Appendix B. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=258&year=201 5&docketNumber=150205 http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=285&year=201 5&docketNumber=150204 http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=332&year=201 5&docketNumber=150204 Staff_PR_008 Attachment A State Orders Listing Page 3 of 34 Summary of Rate Orders Avista Corporation Q2 2015 Purpose: This report summarizes the findings and rulings of the various state Utility Commissions as they apply to Avista Corporation. These rate orders are available from the different state Utility Commission websites that Avista provides service, including:  Oregon – www.puc.idaho.gov  Washington – www.utc.wa.gov OREGON Case No. UG 284 Order No. 15109 (04/09/15), 15171, 15170 Background: On September 2, 2014, Avista filed for a general rate increase in Oregon for retail customers. The Commission suspended Avista’s filing until July 3, 2015 for investigations. A public meeting to take public comments on the proposed rate increase was held on December 11, 2014. The meeting was held simultaneously in White City, and Grants Pass, Oregon, with the Commissioners participating via video conference from Salem. In addition, the Commission received public comment via telephone, e-mail, and U.S. Mail. Following settlement discussions, Avista, Staff, CUB, and NWIGU filed an all-party stipulation on January 21, 2015, to resolve all issues in this docket. On January 28, 2015, the parties filed joint testimony in support of their stipulation. On January 29, 2015, Staff filed its own testimony in support of the stipulation, together with witness affidavits. The stipulation, joint testimony, and Staff’s testimony were received in evidence. The Commission issued a final order that approved the amended settlement stipulation between Avista, Commission Staff, CUB and the Northwest Industrial Gas Users. http://apps.puc.state.or.us/orders/2015ords/15-109.pdf On June 4, 2015, the Commission issued a Fund Grant request for CUB in the amount of $20,425.20. http://apps.puc.state.or.us/orders/2015ords/15-171.pdf On June 4, 2015, the Commission issued a Fund Grant request for NWIGU in the amount of $31,686.81. http://apps.puc.state.or.us/orders/2015ords/15-170.pdf Staff_PR_008 Attachment A State Orders Listing Page 4 of 34 Case No. UG 288 Order No. 15141 (05/06/15), 15143 Background: On May 1, 2015, Avista filed a request for General Rate Revision and a motion for a general protective order. Avista states that the order is needed to protect commercially sensitive and confidential business information related to the company's request. Specifically, Avista anticipates parties will seek confidential information including propriety cost data and models, commercially sensitive load and resource projections, confidential market analyses and business projections, confidential employee data, and confidential contract information. Avista adds that the order will facilitate the projection of relevant information and expedite the discovery process. http://apps.puc.state.or.us/orders/2015ords/15-141.pdf On May 6, 2015, the Commission issued a Notice of Prehearing Conference and the tariff sheets were suspended, not to exceed nine months from June 3, 2015. http://apps.puc.state.or.us/orders/2015ords/15-143.pdf http://apps.puc.state.or.us/orders/2015ords/15-143.pdf Case No. LC 61 Order No. 15186 (06/09/15) Background: On August 29, 2014 Avista filed its 2014 Integrated Resource Plan (IRP). In the matter of Avista’s 2014 IRP, the Commission issued an order to approve CUB’s issue grant request in the amount of $5,225.30. http://apps.puc.state.or.us/orders/2015ords/15-186.pdf WASHINGTON Case Nos. UE-150204 and UG-150205 Order No. 01(02/20/15), 02 (02/20/15), 03 (03/16/15) Background: On February 9, 2015, Avista, filed with the UTC revisions to its currently effective Tariff WN U-28, Electric Service, the stated effective date is March 12, 2015. The purpose is to increase rates and charges for electric and gas service provided to customers in the state of Washington. Staff_PR_008 Attachment A State Orders Listing Page 5 of 34 On February 20, 2015, the Commission issued a Complaint and Order suspending Tariff Revisions and an Order of Consolidation for Dockets UE-150204 and UG-150205 in Avista’s General Rate Case. On February 20, 2015, the Commission issued a Protective Order in Dockets Confidentiality Agreements will have to be signed and returned in order to receive confidential materials and discovery items. On March 16, 2015, the Commission issued a Prehearing Conference Order and Notice of Hearing, set for October 5-8, 2015. The Procedural Schedule is found in Appendix B. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=258&y ear=2015&docketNumber=150205 http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=285&y ear=2015&docketNumber=150204 http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=332&y ear=2015&docketNumber=150204 Case Nos. UE-131056 Order No. 02 (6/25/15) Background: On May 31, 2013, Avista initiated this docket by filing with the Commission a Renewable Report under RCW 19.285.070 and WAC 480-109-210 (RPS Report). Based on its average annual load for 2011 and 2012, Avista reported that its 2013 renewable energy target was 166,740 megawatt-hours (MWh). In Order 01 in this docket, dated Sept. 9, 2013, the Commission accepted Avista’s calculation of its 2013 target. On June 25, 2015, the Commission issued an order for Avista’s Final 2015 Renewable Compliance report under RCW 19.285.070 and WAC 480-109-210, the order acknowledges compliance with 2013 Renewable Energy Target. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=45&yea r=2013&docketNumber=131056 Case Nos. UE-140188 & UG-140189 Order No. 06 (06/25/15) Background: On November 25, 2014, the Washington Utilities and Transportation Commission (Commission) entered a final order rejecting the tariff filing of Avista Staff_PR_008 Attachment A State Orders Listing Page 6 of 34 Corporation d/b/a Avista Utilities (Avista or the Company), accepting with conditions a full settlement stipulation (Settlement), authorizing tariff filing, and requiring compliance filings in Dockets UE-140188 and UG-140189 (Order 05). Among other things, the Settlement required Avista to meet with the Commission’s regulatory staff (Staff) and other interested parties to develop and implement appropriate service quality metrics, customer guarantees and reporting, with the agreed upon tariff revisions filed on or before June 1, 2015, with a program in place on July 1, 2015. On May 29, 2015, Avista filed its proposed Service Quality Measures (SQM) Program (SQM Filing) language and accompanying tariffs, after discussions with Staff, Public Counsel, and The Energy Project on six separate occasions. Staff and Public Counsel filed responses to the Company’s SQM Filing on June 10, 2015. Avista filed comments in reply on June 17, 2015 (Avista’s Reply). The Commission issued a final order approving Avista’s Service Quality Measures program compliance filing. Avista will implement customer guarantee credits-(07/01/15) Avista will provide potential natural gas SQM report see the attached responsibility matrix-(12/30/15) Avista will guarantee credits borne by shareholders. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=1140& year=2014&docketNumber=140188 http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=553&y ear=2014&docketNumber=140189 Case Nos. UE-140188 & UG-140189 Order No. 07 (06/25/15) Background: On November 25, 2014, the Washington Utilities and Transportation Commission (Commission) entered a final order rejecting the tariff filing of Avista Corporation d/b/a Avista Utilities (Avista or the Company), accepting with conditions a full settlement stipulation (Settlement), authorizing tariff filing, and requiring compliance filings in Dockets UE-140188 and UG-140189 (Order 05). Among other things, Order 05 required Avista to double its funding increase for the Company’s Low-Income Rate Assistance Program (LIRAP) from the amount proposed in the Settlement. The settlement provided that the parties would work together to develop mutually agreed upon additions and modifications to LIRAP. Order 05 provided that if the Parties could Staff_PR_008 Attachment A State Orders Listing Page 7 of 34 not agree upon modifications or additions to the program they would file alternative or competing proposals with the Commission no later than June 1, 2015. On June 25, 2015, the Commission issued a final order granting the Joint Petition and approving modifications and additions to Avista’s Low-Income Rate Assistance Program compliance filing. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=1143& year=2014&docketNumber=140188 http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=556&y ear=2014&docketNumber=140189 Program Modifications The first modification provides funding as a fixed annual budget, rather than collecting and allocating funding to Community Action Agencies on a variable monthly basis. To accomplish this, Avista will make an annual true-up filing to ensure recovery of the annual budget each year. The total LIRAP revenue requirement will continue to be set in a GRC or other proceeding. Unspent funds will remain available for the next program year. This change will benefit Community Action Agencies by enabling them to know their fixed annual allocations by the end of May each year, and to budget accordingly. Second, Avista will establish an ongoing energy assistance program advisory group to continue to monitor and explore ways to improve LIRAP. The group will hold at least two meetings per year. The costs of convening the advisory group will be recovered through general rates, not through Schedules 92 and 192, which fund the LIRAP electric and gas programs. Finally, the Parties propose various other changes. Notably, administrative changes will improve communication between Avista, the Community Action Agencies, and program participants. Program Additions As an addition to the current LIRAP program, the Parties propose a pilot rate discount program for seniors and customers with disabilities. The Parties believe the addition of this program will enable LIRAP to reach more senior customers than the current program alone, lower these customers’ energy burden, and may be more effective in preventing disconnections than a one-time grant. Fixed-income seniors and fixed-income customers with a disability whose household income is between 126-200% of the federal poverty line (FPL) will be eligible for this Staff_PR_008 Attachment A State Orders Listing Page 8 of 34 pilot program. The program will provide a rate discount with an average benefit of $300 per participant per program year. Up to 800 customers will be eligible to participate from October 1, 2015 to September 30, 2017. The program’s budget is $700,000, which includes $50,000 for a third-party evaluation. Parties propose to increase LIRAP funding by $350,000 per year to fund this two-year pilot. A total of $210,992 will be recovered annually through electric Schedule 92, and $113,238 through natural gas schedule 192. NWIGU, representing transportation customers on Schedule 146, agreed to contribute $25,770 annually to LIRAP. The Parties also filed a study published by SNAP and Eastern Washington University on the incidence of poverty in Avista’s service territory. This study relies on data from the American Community Survey, which provides an estimated 5-year rolling average household income by census tract. The Parties argue that the study shows that over eight percent of households live below 50 percent of the federal poverty line (FPL), and that over one-third of households in Avista’s service area live below 200 percent of the FPL. In light of this high level of need, and experiences from other states, the Parties plan to continue to discuss the addition of new LIRAP programs. Specifically, the Parties will explore the feasibility of implementing percentage of bill payment and arrearage management plans. Percentage of bill payment plans lower the customer’s energy bill to a set percentage of total household income. Arrearage management plans mitigate the hardship caused by a large arrearage by establishing achievable monthly payments. The Parties intend to investigate these program options further, and file a pilot proposal or status update by January 15, 2017. RFP for third party evaluator due 7/16/15 LIRAP 3rd Party evaluation 12/15/17 Staff_PR_008 Attachment A State Orders Listing Page 9 of 34 Summary of Rate Orders Avista Corporation Q3 2015 Purpose: This report summarizes the findings and rulings of the various state Utility Commissions as they apply to Avista Corporation. These rate orders are available from the different state Utility Commission websites that Avista provides service, including:  Alaska – www.rca.alaska.gov  Idaho – www.puc.state.id.us  Montana – psc.mt.gov  Oregon – www.puc.idaho.gov  Washington – www.utc.wa.gov Alaska Nothing to report IDAHO Case No. AVU-E-15-06 Order No. 33350 (07/30/15), Background: On May 13, 2015, Avista Corporation and Clearwater Paper Corporation filed a Joint Petition requesting that the Commission approve an amendment to their Electric Service Agreement approved by the Commission in June 2013. See Order No. 32841. In their amendment dated May 4, 2015, the Parties agreed to make two modifications to their Agreement outlined, in greater detail, in the link below. The Parties requested that their Petition be processed under Modified Procedure with an effective date of August 1, 2015. On June 3,2015, the Commission issued a Notice of Petition and Modified Procedure requesting public comment on the Petition no later than July 17, 2015. Commission Staff was the only party to comment and recommended the Commission approve Amendment No. 1. On July, 30, 2015, the Commission approved the Joint Petition. http://www.puc.idaho.gov/orders/recent/Final_Order_No_33350.pdf Case No. AVU-E-15-01 Order No. 33286 (04/23/15), 33311 (06/02/15), 33357 (08/20/15) Background: On January 30, 2015, Idaho Power filed a Petition asking the Commission to reduce the length of its PURPA contracts from 20 years to two years (Case No. IPC-E- 15-01). The Commission granted Idaho Power interim relief, reducing the term for the Staff_PR_008 Attachment A State Orders Listing Page 10 of 34 utility’s new PURPA contracts to five years while the Commission investigated the matter. Order No. 33222. Shortly thereafter, Avista Corporation and Rocky Mountain each filed petitions seeking the same or similar permanent and interim relief (Case Nos. AVU-E-15-01, PAC-E-15-03). On March 13, 2015, the Commission consolidated the three cases and granted Avista and Rocky Mountain the same interim relief granted Idaho Power. Order No. 33250. On April 23, 2015, the Commission issued order 33286, which denied Simplot and Clearwater’s Joint Petition for Clarification. http://www.puc.idaho.gov/orders/recent/Order_No_33286.pdf On May 7, 2015, the Commission issued a Notice of Public Customer Hearings. The hearings will be held on June 24, 2015 at 7pm in the Commission Hearing Room and on June 30, 2015 at 7pm a telephonic customer hearing will be held, in the Commission Hearing Room. http://www.puc.idaho.gov/orders/recent/Notice_of_Public_Hearings.pdf http://www.puc.idaho.gov/orders/recent/Notice_of_Public_Hearings_Errata.pdf On June 2, 2015, the Commission allowed Ecoplexus to conditionally intervene. The Commission denied Ecoplexus’s motion to Late File Direct Testimony. http://www.puc.idaho.gov/orders/recent/Order_No_33311.pdf On August 20, 2015, the Commission issued a final order to approve Avista’s Petition to reduce the length of its IRP based PURPA contracts to two years and to allow Avista to enter IRP-based QF contracts in excess of two years on a case-by-case basis with appropriate justification. http://www.puc.idaho.gov/orders/recent/Final_Order_No_33357.pdf http://www.puc.idaho.gov/orders/recent/Final_Order_No_33287.pdf Staff_PR_008 Attachment A State Orders Listing Page 11 of 34 OREGON Case No. UM 903 Order No. 15-210 (07/07/15) Background: Avista and the other two Oregon-regulated natural gas distribution companies recover gas costs under an automatic adjustment clause known as the Purchased Gas Adjustment (PGA). The purpose of the PGA is to permit each natural gas utility to adjust revenue annually to reflect actual increases or decreases in gas costs/ On July 7, 2015, the Commission accepted that Avista’s earnings for the 12 months ended December 31, 2014, were calculated correctly, are below the earnings threshold established in UM 903 and there should be no earnings shared in this filing. http://apps.puc.state.or.us/orders/2015ords/15-210.pdf Case No. AR 588 Order No. 15-232 (08/11/15) Background: On August 11, 2015 the Commission adopted a rule, OAR 860-027-0350, to require regulated energy utilities to file depreciation studies no less frequently than once every five years. http://apps.puc.state.or.us/orders/2015ords/15-232.pdf Case No. AR 591 Order No. 15-266 (09/08/15) Background: On July 15, 2015, we filed a Notice of Proposed Rulemaking and Statement of Need and Fiscal Impact for this rulemaking with the Secretary of State, and we provided notice to all interested persons on the service lists established under OAR 860-001-0030(1) (b) and to legislators specified in ORS 183.335(l)(d). Notice of the rulemaking was published in the August 2015 Oregon Bulletin. The notice established a comment due date of August 24, 2015. No comments were filed. On September 8, 2015, the Commission adopted changes to OAR 860-021-0034, 860-021-0036, 860-032-0095, 860-034-0095, 860-036-0095, and 860-037-0095 to implement 2015 Senate Bill 329 changes to 756.310. The changes to ORS 756.310 became effective on June 8, 2015. The changes increase the maximum percentage rate of gross revenues that may be imposed from 25 one-hundredths of one percent (0.25 percent) to three-tenths of a one percent (0.3 percent). http://apps.puc.state.or.us/orders/2015ords/15-266.pdf Staff_PR_008 Attachment A State Orders Listing Page 12 of 34 Case No. LC 61 Order No. 15-288 (09/22/15) Background: On August 31, 2012, Avista Corporation (Avista or Company) filed its 2012 Natural Gas Integrated Resource Plan (IRP). Within the IRP, Avista's DSM Business Plan anticipated that the natural gas DSM portfolio could be marginally cost effective presuming a 25 percent reduction in avoided costs. This presumed decline in avoided costs, was replaced with a new avoided cost forecast that was 50 percent lower than the original forecast leading to a non- cost effective DSM portfolio. Avista filed to suspend its natural gas DSM. On April 30, 2013, within Order 13-159, the Commission directed Avista to continue its DSM programs in Oregon and achieve a minimum savings of 225,000 therms in 2013and 250,000 therms in 2014. In addition, the Commission required that Avista provide additional reporting within two years. On March 2, 2015, the Commission provided additional direction to Avista related to DSM in Order No. 15-063, which acknowledges Avista's 2014 IRP Action plan. Avista filed the required reports on May 1, 2015, in response to the Commission Order Nos. 13-150 in LC 55 and 15-063 in LC61, Upon receipt of the reports, Staff found the reports inadequate and was initially unable to provide a clear recommendation to the Commission based upon the information provided and asked Avista to provide additional follow- up information (Appendix B). Due to recent loss of key planning staff at the Company, Avista requested additional time to respond to questions, over the course of a six-week period, Avista was extremely responsive to Staff's requests, answered all clarifying questions and provided additional data to sufficiently address the requirements in the two orders. On September 22, 2015, the Commission approved Avista’s request for 2015-2016 DSM targets and granted cost effectiveness exceptions to the measures summarized in the following link. http://apps.puc.state.or.us/orders/2015ords/15-288.pdf WASHINGTON Case Nos. UE-150520 Order No. 01(07/30/15) Background: The Utilities and Transportation Commission (Commission), in its Fifth supplemental Order, in Docket UE-011595 (June 18, 2002), authorized Avista Corporation dba Avista Utilities (Avista or Company) to implement an Energy Recovery Mechanism (ERM). The ERM allows for positive or negative adjustments to its rates to account for fluctuations in power costs, outside of an authorized band, for power-cost recovery in base rates. Under the Settlement Stipulation approved by the Commission in the same order, Avista is required to make a filing by April 1 of each year regarding the power costs it deferred the prior calendar year under the ERM. Staff_PR_008 Attachment A State Orders Listing Page 13 of 34 On July 30, 2015, the Commission issued an order regarding Avista’s Energy Recovery Mechanism (ERM) Annual Filing to review deferrals for Calendar Year 2014. The Order recognizes that Avista meets the requirements in Dockets UE-011595 and UE-030751 and Avista has properly calculated the 2014 Energy Recovery Mechanism amount. Pursuant to the terms of the Energy Recovery Mechanism, Avista is authorized to record a 2014 rate-payer deferral or rebate amount of $4,224,011. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=21&year=2 015&docketNumber=150520 Case Nos. UE-150715 Order No. 01 (07/30/15) Background: On May 1, 2015, Avista Corporation (Avista or Company) filed a petition for an order approving a Lease Agreement between the Company and Mobius Science Center (Mobius), a non-profit science center that opened in Spokane in 2012. The Lease Agreement will allow Avista to form an educational partnership with Mobius and fulfill its hydro-dam relicensing requirements to provide educational displays on the operations and environmental aspects of hydro power. The Lease Agreement grants Mobius occupancy of the ground floor of the Post Street Annex, which is a three-story facility. Avista will continue to use the other two floors of the Annex as a supporting facility for the Post Street substation next door. On July 30, 2015, the Commission approved the lease agreement related to the Post Street Annex between Avista and Mobius Science Center. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=15&yea r=2015&docketNumber=150715 Case Nos. UE-151145 Order No. 01 (07/30/15) Background: The Energy Independence Act (EIA or Act) requires qualifying electric utilities to obtain certain percentages of their electricity from eligible renewable resources. The Washington Utilities and Transportation Commission (Commission) enforces compliance with the EIA by investor-owned utilities. Ultimately, the Commission must determine “whether the utility has generated, acquired or arranged to acquire enough renewable energy credits or qualifying generation to comply with its renewable resource target.” On July 30, 2015, Commission issued an order approving compliance with eligible renewable energy target reporting requirements for 2015. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=59&yea r=2015&docketNumber=151145 Staff_PR_008 Attachment A State Orders Listing Page 14 of 34 Case Nos. P-150462 Order No. 01 (08/27/15) Background: The Commission imposes an annual pipeline safety fee pursuant to RCW 80.24.060 and RCW 81.24.090 to meet the costs of its pipeline safety program. RCW 8024.060(1) requires that every gas company and every interstate gas pipeline company subject to inspection or enforcement by the Commission must pay an annual pipeline safety fee to the Commission. RCW 81.24.090(1) requires that every hazardous liquid pipeline company as defined in RCW 81.88.010 must pay an annual pipeline safety fee to the Commission. The fee is determined by the fee methodology established in WAC 480-93-240 (gas) and WAC 480-75-240 (hazardous liquid). On August 27, 2015, the Commission issued an order regarding the pipeline safety fees to be paid to the Commission for fiscal year 2016 (July 1, 2015, through June 30, 2016). Under the provisions of RCW 80.24.060 and RCW 81.24.090, and the fee methodology in WAC 480-93-240 and WAC 480-75-240, are established as set out in Exhibit A, attached to this Order. Avista’s fees are part of the Commission Fees paid in April 2015. No other payments are necessary. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=6&year=20 15&docketNumber=150462 Staff_PR_008 Attachment A State Orders Listing Page 15 of 34 Summary of Rate Orders Avista Corporation Q4 2015 Purpose: This report summarizes the findings and rulings of the various state Utility Commissions as they apply to Avista Corporation. These rate orders are available from the different state Utility Commission websites that Avista provides service, including:  Alaska – www.rca.alaska.gov  Idaho – www.puc.state.id.us  Montana – psc.mt.gov  Oregon – www.puc.idaho.gov  Washington – www.utc.wa.gov Alaska Nothing to report IDAHO Case No. AVU-E-15-01 Order No. 33286 (04/23/15), 33311 (06/02/15), 33357 (08/20/15), 33395 (10/08/15), 33419 (11/05/15) Background: On January 30, 2015, Idaho Power filed a Petition asking the Commission to reduce the length of its PURPA contracts from 20 years to two years (Case No. IPC-E- 15-01). The Commission granted Idaho Power interim relief, reducing the term for the utility’s new PURPA contracts to five years while the Commission investigated the matter. Order No. 33222. Shortly thereafter, Avista Corporation and Rocky Mountain each filed petitions seeking the same or similar permanent and interim relief (Case Nos. AVU-E-15-01, PAC-E-15-03). On March 13, 2015, the Commission consolidated the three cases and granted Avista and Rocky Mountain the same interim relief granted Idaho Power. Order No. 33250. On April 23, 2015, the Commission issued order 33286, which denied Simplot and Clearwater’s Joint Petition for Clarification. http://www.puc.idaho.gov/orders/recent/Order_No_33286.pdf On May 7, 2015, the Commission issued a Notice of Public Customer Hearings. The hearings will be held on June 24, 2015 at 7pm in the Commission Hearing Room and on June 30, 2015 at 7pm a telephonic customer hearing will be held, in the Commission Hearing Room. http://www.puc.idaho.gov/orders/recent/Notice_of_Public_Hearings.pdf Staff_PR_008 Attachment A State Orders Listing Page 16 of 34 http://www.puc.idaho.gov/orders/recent/Notice_of_Public_Hearings_Errata.pdf On June 2, 2015, the Commission allowed Ecoplexus to conditionally intervene. The Commission denied Ecoplexus’s motion to Late File Direct Testimony. http://www.puc.idaho.gov/orders/recent/Order_No_33311.pdf On August 20, 2015, the Commission issued a final order to approve Avista’s Petition to reduce the length of its IRP based PURPA contracts to two years and to allow Avista to enter IRP-based QF contracts in excess of two years on a case-by-case basis with appropriate justification. http://www.puc.idaho.gov/orders/recent/Final_Order_No_33357.pdf http://www.puc.idaho.gov/orders/recent/Final_Order_No_33287.pdf On October 8, 2015, the Commission granted Simplot and Clearwater’s Petition for Reconsideration. The Commission anticipates issuing a final order within 28 days. http://www.puc.idaho.gov/orders/recent/Order_No_33395.pdf On November 5, 2015 Avista, Idaho Power, and Rocky Mountain Power’s petition to modify terms and conditions of PURPA Purchase Agreements, the Commission denied Clearwater’s and Simplot’s request to amend the final Order No. 33357. http://www.puc.idaho.gov/orders/recent/Reconsideration_Order_No_33419.pdf Case No. AVU-G-15-02 Order No. 33402 (10/23/15) Background: On August 27, 2015, Avista filed its annual Purchased Gas Cost Adjustment (PGA) Application. The PGA is a Commission-approved mechanism that adjusts rates up or down to reflect changes in Avista’s costs to buy natural gas from suppliers—including changes in transportation, storage, and other related costs. Avista defers these costs into its PGA account, and then passes them to customers through an increase or decrease in rates. With this Application, Avista proposes to decrease its PGA rates by about $10.3 million (14.5%), effective November 1, 2015. On September 1, 2015, the Commission issued a Notice of Application and Notice of Modified Procedure setting an October 9, 2015 deadline for interested persons to Staff_PR_008 Attachment A State Orders Listing Page 17 of 34 comment on the Application, and an October 15, 2015 deadline for Avista to file reply comments. Commission Staff filed the only comments in the case, and supported Avista’s Application. On October 23, 2015, the Commission issued an order to approve Avista’s Purchased Gas Adjustment (PGA). Avista will establish a weighted average cost of gas (WACOG) of $0.252 per therm, and a Schedule 155 amortization rate of $0.02886 per therm. Tariffs are for service rendered on and after November 1, 2015. http://www.puc.idaho.gov/orders/recent/Final_Order_No_33402.pdf Case No. AVU-E-15-05 and AVU-G-15-01 Order No. 33400 (10/20/15) Background: On June 1, 2015, Avista applied to increase its general rates for electric and natural gas service. The Company proposed a two-phase rate plan that would increase electric billed revenues by $13.2 million (5.2%) on January 1, 2016, and by $13.7 million (5.1%) on January 1, 2017. On October 20, 2015, regarding Avista’s application for authority to increase its rates and charges for electric and natural gas service the commission issued a Notice of Proposed Settlement, a Notice of Amended Schedule and a Notice of Public and Technical Hearings. http://www.puc.idaho.gov/orders/recent/Notice_of_Proposed_Settlement_Order_No_334 00.pdf On December 18, 2015, the Commission issued a final order to approve Avista’s settlement stipulation to increase its rates and charges for Electric and Natural Gas service. As part of the settlement, the electric revenues will be increased to $1.7 million and the natural gas revenues will be increased to $2.5 million. The new tariffs will go into effect January 1, 2016. http://www.puc.idaho.gov/orders/recent/Final_Order_No_33437.pdf Case No. AVU-U-15-01 Order No. 33401 (10/23/15) Background: On September 14, 2015, Avista applied for authority to issue and sell up to $300,000,000 of debt securities and 1,635,000 shares of unissued Common Stock under the Long-Term Incentive Plan. Staff_PR_008 Attachment A State Orders Listing Page 18 of 34 On October 23, 2015, The Commission issued a final order to approve Avista’s application to issue and sell debt securities up to $300,000,000 and to issue up to 1,635,000 shares of Common Stock. http://www.puc.idaho.gov/orders/recent/Final_Order_No_33401.pdf Case No. AVU-E-15-09 Order No. 33416 (11/04/15) Background: Pursuant to the Public Utility Regulatory Policies Act of 1978 (PURPA) and the implementing regulations of the Federal Energy Regulatory Commission (FERC), the Idaho Public Utilities Commission (Commission) has approved an incremental cost Integrated Resource Plan (IRP) methodology to calculate avoided cost rates paid to certain PURPA qualifying facilities (QFs). The avoided cost rate is the purchase price paid to QFs for purchases of QF energy and capacity. In Order Nos. 32697 and 32802, the Commission determined that the load forecast and natural gas forecast inputs to the IRP avoided cost methodology should be updated annually on October 15 of each year. On November 4, 2015, the Commission issued an order to approve Avista’s annual update to its load and gas price forecast and long-term contract status for purposes of its incremental cost IRP (Integrated Resource Plan) methodology. The recent energy load forecast remains, on average, a 0.6 percent annual average growth rate. The peak forecast growth rated decreased from 0.7 percent to 0.6 percent. These will go into effect October 15, 2015. http://www.puc.idaho.gov/orders/recent/Final_Order_No_33416.pdf Case No. AVU-G-15-03 Order No. 33422 (11/20/15), 33444 (12/24/15) Background: On October 28, 2015, Avista filed an Application for authority to: (1) resume natural gas energy efficiency programs and projects to residential (including low- income), commercial and industrial natural gas customers under Schedule 190 (Natural Gas Efficiency Programs); and (2) fund these programs by increasing its “Energy Efficiency Rider” surcharge rates in tariff Schedule 191. Application at 1. Avista proposes that the gas demand-side management (DSM) programs “be offered through prescriptive rebates to customer segments for eligible weatherization and high efficiency equipment measures as well as custom incentives for 27 non-residential projects.” Id. Avista asks that the case be processed by Modified procedure, and that new Schedule 191 Rider rates take effect on January 1, 2016. In 2012, Avista filed and the Commission approved an application to suspend Avista’s natural gas DSM programs. In its 2012 application, Avista advised the Commission that Staff_PR_008 Attachment A State Orders Listing Page 19 of 34 new natural gas costs were about 50% lower than existing avoided costs and that these lower gas costs render the “natural gas energy efficiency portfolio cost-ineffective going forward.” Order No. 32650 at 1. After evaluating a number of cost-effectiveness tests, Avista now seeks to re-establish those programs. On November 20, 2015, The Commission issued a Notice of Application and a Notice of Modified procedure in Avista’s application to resume natural gas efficiency programs and increase the rider surcharge in schedules 190 and 191, dealing with Demand Side Management (DSM) natural gas efficiency programs. Comments are due no later than December 10, 2015. http://www.puc.idaho.gov/orders/recent/Notice_of_Application_Order_No_33422.pdf On December 24, 2015, the Commission issued an order to approve Avista’s application to resume natural gas efficiency programs and increase the rider surcharge in schedules 190 and 191. Tariff Schedules 190 and 191 will become effective January 1, 2016 and will increase the monthly bill of the average gas customer using 61 therms by about $1.11 per month. http://www.puc.idaho.gov/orders/recent/Final_Order_No_33444.pdf Case No. GNR-U-15-01 Order No. 33426 (12/07/15) Background: The Commission’s Customer Relations Rules for Gas, Electric and Water Utilities (IDAPA 31.21.01.106) and the Customer Relations Rules for Telephone Companies (IDAPA 31.41.01.104) both provide for the payment of interest on customer deposits. Pursuant to both of these rule sets, the interest rate on deposits is determined by calculating the 12-month average interest rate for one-year treasury bills for the previous November 1 through October 31. The resulting rate is then rounded to the nearest whole percent. The calculated rate will be in effect for the following calendar year. Using the weekly rates as posted by the U.S. Department of Treasury, the average interest rate for one-year treasury bills for the 12-month period from November 1, 2014 through October 31, 2015, is 0.26%. Consistent with our previous findings, we accept Staff’s position that zero is not a “whole percent” interest rate. Accordingly, public utilities shall pay 1.0% annual interest on all customer deposits held pursuant to IDAPA Rules 31.21.01.106 and 31.41.01.104 for calendar year 2016. This interest rate is the same as the interest rate for the years 2010 through 2015. On December 7, 2015, the Commission issued an order regarding the interest rate on deposits collected from customers of gas, electric, telephone and water public utilities for calendar year 2016. The Commission ordered a 1.0% annual interest rate to be paid Staff_PR_008 Attachment A State Orders Listing Page 20 of 34 during the 2016 calendar year. The rate on deferred accounts using the customer deposit rate will also be 1.0% for calendar year 2016. http://www.puc.idaho.gov/orders/recent/Final_Order_No_33426.pdf OREGON Case No. UF 4294 Order No. 15-305 (10/06/15) Background: On October 6, 2015, the Commission approved Avista’s application to issue an incremental $300 million of debt securities, and an incremental 1,635,000 shares of common stock through its Long Term Incentive Plan (LTIP). http://apps.puc.state.or.us/orders/2015ords/15-305.pdf Case No. UM 1356 (8) Order No. 15-306 (10/06/15) Background: On October 6, 2015, the Commission approved Avista’s request for reauthorization to defer costs related to intervenor funding grants effective November 1, 2015. http://apps.puc.state.or.us/orders/2015ords/15-306.pdf Case No. UM 1497(5) Order No. 15-319 (10/19/15) Background: Avista requested reauthorization to use deferred accounting for purchased gas cost differences. Due to the volatility of the price of natural gas purchased and transported for customer use, the associated costs are difficult to establish with certainty, which necessitates the use of deferred accounting to accurately capture the costs for later incorporation in rates. October 19, 2015, the Commission approved Avista’s application for reauthorization to defer gas cost-related differences with the PGA (Purchased Gas Adjustment) mechanism, for accounting purposes, for the 12-month period beginning November 1, 2015. http://apps.puc.state.or.us/orders/2015ords/15-319.pdf Staff_PR_008 Attachment A State Orders Listing Page 21 of 34 Case No. UG 289 Order No. 15-322 (10/19/15) Background: The Commission accepted Avista’s changes in the cost of purchased gas and amortization rate for the Purchased Gas Adjustment balancing account and rates will become effective with service on and after November 1, 2015. http://apps.puc.state.or.us/orders/2015ords/15-322.pdf Case No. UG 290 Order No. 15-327 (10/19/15) Background: Avista requested to update the rate increments in its Schedule No. 476, for intervenor Funding Grants in Oregon, to reflect currently deferred account balances, in accordance with Order No. 07-397, which requires the costs associated with intervenor funding be allocated to the customer class on whose behalf the intervenor is acting. October 19, 2015, the Commission accepted the filing to update rates on Intervenor Funding and they will become effective with service on and after November 1, 2015. The residential amortization rate will increase by 22%. http://apps.puc.state.or.us/orders/2015ords/15-327.pdf Case No. UG 291 Order No. 15-328 (10/19/15) Background: On July 31, 2015, Avista requested to revise Schedule 478, DSM Cost Recovery. The Company updates this schedule annually with its Purchased Gas Adjustment (PGA) filing. The Company is proposing to increase the DSM cost recovery rate by $0.00423 (i.e. from $0.01789 per therm to $0.02212 per therm). The proposed rate combines the effect of amortizing residual balances from prior periods with DSM costs that the Company incurred during the twelve months ending June 30, 2015. The Commission approved updates to Avista’s Demand Side Management (DSM) Cost Recovery. Avista will increase the DSM cost recovery rate from $0.01789 per therm to $0.02212 per therm. The increase will go into effect on November 1, 2015. http://apps.puc.state.or.us/orders/2015ords/15-328.pdf Staff_PR_008 Attachment A State Orders Listing Page 22 of 34 Case No. UM 779 Order No. 15-370 (11/17/15) Background: The Commission issued an order to approve a late-payment rate of no greater than 1.8 percent monthly on overdue customer accounts and to approve an annual interest rate of 0.3 percent on customer deposits for calendar year 2016. http://apps.puc.state.or.us/edockets/orders.asp?OrderNumber=15-370 Case No. UG 288 Order No. 15-392 (12/09/15) Background: On December 3, 2015, the Citizens' Utility Board of Oregon (CUB) filed a Request for Payment from Avista’s, Issue Fund Grant. Section 7 .3 of the Third Amended and Restated Intervenor Funding Agreement (Agreement), adopted by the Commission in Order No. 15-335, governs the procedures for payment of Issue Fund Grants. CUB was automatically pre-certified to receive Issue Fund Grants under Section 5.2(a) of the Agreement and under OAR 860-001 -0120(3)(a). On December 9, 2015, the Commission approved CUB’s request for Avista to pay $19,800 from the 2015 Issue Fund and $20,451 from the 2016 Issue Fund within 30 days of December 9, 2015. The grant will be assessed to Avista’s residential customers. http://apps.puc.state.or.us/edockets/orders.asp?OrderNumber=15-392 WASHINGTON Case Nos. UE-151822 Order No. 01(10/29/15) Background: On September 11, 2015, Avista filed a statement of a planned securities issuance and application for an order affirming compliance with RCW 80.08.040. In its application, Avista proposes to issue up to $300,000,000 of Debt Securities, and 1,635,000 authorized but unissued shares of Common Stock. The application was filed pursuant to RCW 80.08.040. On October 29, 2015, the Commission approved Avista’s proposal to issue and sell up to $300,000,000 of Debt Securities and 1,635,000 authorized by unissued shares of Common Stock, the Commission issued an order establishing compliance with RCW 80.08.040, Securities. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=9&year =2015&docketNumber=151822 Staff_PR_008 Attachment A State Orders Listing Page 23 of 34 Case Nos. UE-132045 Order No. 02 (10/29/15) Background: Electric utilities with 25,000 or more customers are required, under the Energy Independence Act (EIA or Act) 1, to set and meet energy conservation targets. In pursuit of all available, cost-effective, reliable, and feasible conservation, electric utilities must provide progress information and reporting. On October 29, 2015, the Commission approved Avista’s 2014-2023 Ten-Year Achievable Electric Conservation Potential of 394,200 MWh and Its 2014-2015 Electric Biennial Conservation Target of 58,231 MWh, under RCW 19.285.040 and WAC 480- 109-120. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=83&yea r=2013&docketNumber=132045 Case Nos. UE-152406 Order No. 02 (12/30/15) Background: On December 22, 2015, Avista filed a revision to its currently effective Tariff WN U-28, designated as 11th Revision of Sheet 93, Power Cost Surcharge – Washington. The purpose of the filing is to align the expiration of the current Energy Recovery Mechanism (ERM) rebate with the effective date of the base rates to be established through Docket UE-150204. On December 30, 2015, the Commission granted Avista’s petition to allow less than statutory notice in connection with Tariff revisions. The filing aligned the expiration of the current Energy Recovery Mechanism (ERM) rebate with the effective date of the base rates to be established through Docket UE-150204 (2015 GRC). http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=8&year =2015&docketNumber=152406 Staff_PR_008 Attachment A State Orders Listing Page 24 of 34 Summary of Rate Orders Avista Corporation Q1 2016 Purpose: This report summarizes the findings and rulings of the various state Utility Commissions as they apply to Avista Corporation. These rate orders are available from the different state Utility Commission websites that Avista provides service, including:  Alaska – www.rca.alaska.gov  Idaho – www.puc.state.id.us  Montana – psc.mt.gov  Oregon – www.puc.idaho.gov  Washington – www.utc.wa.gov Alaska Nothing to report IDAHO Case No. AVU-E-15-05 and AVU-G-15-01 Order No. 33455 (01/25/16) Background: On June 1, 2015, Avista applied to increase its general rates for electric and natural gas service. The Company proposed a two-phase rate plan that would increase electric billed revenues by $13.2 million (5.2%) on January 1, 2016, and by $13.7 million (5.1%) on January 1, 2017. On October 20, 2015, regarding Avista’s application for authority to increase its rates and charges for electric and natural gas service the commission issued a Notice of Proposed Settlement, a Notice of Amended Schedule and a Notice of Public and Technical Hearings. http://www.puc.idaho.gov/orders/recent/Notice_of_Proposed_Settlement_Order_No_334 00.pdf On December 18, 2015, the Commission issued a final order to approve Avista’s settlement stipulation to increase its rates and charges for Electric and Natural Gas service. As part of the settlement, the electric revenues will increase to $1.7 million and the natural gas revenues will be increased to $2.5 million. The new tariffs will go into effect January 1, 2016. http://www.puc.idaho.gov/orders/recent/Final_Order_No_33437.pdf Staff_PR_008 Attachment A State Orders Listing Page 25 of 34 Craig Kerwin filed a Petition for Reconsideration in the matter of Avista’s request to increase rates and charges for electric and natural gas service. Mr. Kerwin states that the increase is due to inflated executive compensation. The Commission issued an order to deny Mr. Kerwin’s petition. http://www.puc.idaho.gov/orders/recent/Reconsideration_Order_No_33455.pdf Case No. AVU-E-16-01 & AVU-G-16-01 Order No. 33459 (01/29/16) Background: On January 13, 2016, Avista applied for an order authorizing it to record, as a regulatory asset, the costs it incurs to offer a fee-free payment program to its residential customers. Avista requested an Accounting Order that will let it defer and record the costs so it will have the opportunity to recover those costs through future rates. The Commission issued a Notice of Application and a Notice of Modified Procedure comments were due no later than March 14, 2016. http://www.puc.idaho.gov/orders/recent/Notice_of_Application_Order_No_33459.pdf Case No. AVU-G-15-03 Order No. 33464 (02/09/16) Background: On November 20, 2015, the Commission solicited public comment on Avista’s proposals to resume various natural gas demand-side management (DSM) programs. Two public commenters provided the Commission with highly detailed and technical comments opposing the Application. In the Commission’s Order their remarks were analyzed and summarized together as the comments of “Technical Commenters.” They generally argued that the Application warranted heightened scrutiny, offered a detailed analysis of Avista’s proposal, and provided an alternative view of the proposed DSM programs. Their comments provided the Commission with additional analysis and perspective and the Commission lauded the efforts. Ultimately, however, the Commission concluded that Avista had demonstrated that restarting the DSM programs and the surcharge were reasonable. In approving Avista’s Application, the Commission allowed certain modifications to the previous iteration of the Company’s natural gas DSM programs. For instance, the Commission approved the use of Utility Cost Test (UCT) as the benchmark measurement for cost-effectiveness, and allowed the use of “gross”, rather than “net” savings estimates in the Company’s cost-effectiveness calculations. Staff_PR_008 Attachment A State Orders Listing Page 26 of 34 The Commission issued an Order of Reconsideration. The Commission clarified some portions of the order and stated that Avista has met its burden of showing that approval of the DSM Application is fair, just and reasonable and is in the public interest. http://www.puc.idaho.gov/orders/recent/Reconsideration_Order_No_33464.pdf OREGON Case No. UG 288 & UM 1753 Order No. 16-059 (02/19/16), 16-076 (02/29/16), 16-109 (03/15/16) Background: Avista’s request for General Rate Revision. The Commission approved the Issue Fund Grant from CUB in the matter of Avista’s request for General Rate Revision 2015. Avista will pay $4,549.00 by March 18, 2016. http://apps.puc.state.or.us/orders/2016ords/16-059.pdf In the matters of Avista’s request for General Rate Revision (UG 288) and application for authorization to defer expenses or revenues related to the Natural Gas Decoupling Mechanism (UM 1753), the Commission approved a revenue increase of $4.5 million, new rates were effective March 1, 2016 (UG 288), and approved the application for deferred accounting. This was a Preliminary Order. http://apps.puc.state.or.us/orders/2016ords/16-076.pdf The Commission issued a Final Order. The Commission approved an increase in revenue requirement by $4,460,000, representing a 4.9 percent increase to the company’s previous rates. The Decoupling Mechanism will implement a revenue-per-customer decoupling mechanism. To implement this mechanism, Avista filed an application for deferred accounting (UM 1753). http://apps.puc.state.or.us/orders/2016ords/16-109.pdf Case No. UM 1012 Order No. 16-067 (02/23/16) Background: Commission Staff requested an order to establish the annual fee level for electric, gas, water, and wastewater utilities at 2.75 mills per dollar (0.275 percent). Staff_PR_008 Attachment A State Orders Listing Page 27 of 34 The Commission issued an order setting the annual fee rate at 0.275 percent of 2015 gross operating revenues for electric, natural gas, water, and wastewater utilities. http://apps.puc.state.or.us/orders/2016ords/16-067.pdf Case No. UM 1759 Order No. 16-122 (03/23/16) Background: Avista filed a request to defer 90 percent of the transactional fees, up to a cap of $150,000, associated with Avista’s planned debit and credit card fee free payment program for residential customers. The Commission approved Avista’s request for accounting purposes only, the deferral period will commence with Avista’s implementation of the fee free payment program and will end 12 months later. http://apps.puc.state.or.us/orders/2016ords/16-122.pdf WASHINGTON Case No. UE-150204 & UG-150205 Order No. 5, 6 (01/06/16) Background: Avista’s request for General Rate Revision 2015 On January 6, 2016, the Commission approved Avista’s partial settlement stipulation filed on May 1, 2015 including the proposed capital structure of 9.5 percent return on equity, 7.29 percent rate of return, and 48.5 percent equity component. Avista will file revised tariff sheets with natural gas rates that will recover $10.8 million, for a 6.3 increase in rates and electric rates that will recover $8.1 million less in revenue, for a 1.63 percent rate decrease. On January 19, 2016, Staff filed a Motion to Reconsider with the Commission and ICNU and Public Counsel filed a Motion for Clarification. Rates will stay in effect until the Commission makes a ruling. On February 3, 2016, the Commission will conduct an order conference, in this matter. Accounting specialists from Avista, Staff, ICNU, and Public Counsel will replicate their respective electric revenue requirement and attrition adjustment calculations. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=1885& year=2015&docketNumber=150204 Staff_PR_008 Attachment A State Orders Listing Page 28 of 34 http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=1888& year=2015&docketNumber=150204 On February 19, 2016, the Commission issued an order denying the Joint Motion for Clarification, denying the Petition for Reconsideration, and denying the Motion to Reopen the Record. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=1968& year=2015&docketNumber=150204 Case No. UE-152076 Order No. 1 (01/28/16) Background: Electric utilities with 25,000 or more customers are required under the Energy Independence Act (EIA or Act) to set and meet energy conservation targets every two years. The Washington Utilities and Transportation Commission (Commission) promulgated rules implementing the EIA. These rules further require that each utility must file a report with the Commission identifying its ten-year achievable conservation potential and its biennial conservation target every two years. On October 30, 2015 Avista filed its Biennial Conservation Plan (BCP) identifying a 2016-2025 ten year achievable conservation potential of 391,000 megawatt-hours (MWh) and a 2016-2017 biennial conservation target of 72, 464 MWh. On January 5, 2016 Avista filed a revised BCP, where Avista identified a 2016-2025 achievable conservation potential of 383, 063 MWh and a 2016-2017 two year achievable conservation potential of 60, 212 MWh. On January 28, 2016, the Commission issued an order approving Avista’s 2016-2025 Achievable Conservation Potential and its 2016-2017 Biennial Conservation Target. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=69&yea r=2015&docketNumber=152076 http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=67&yea r=2015&docketNumber=152076 Staff_PR_008 Attachment A State Orders Listing Page 29 of 34 Case No. A-140166 Order No. 2 (02/25/16) Background: RCW Title 80 and RCW Title 81 authorize the Washington Utilities and Transportation Commission (Commission) to impose, set, increase, or decrease certain fees on regulated companies. The following statutes set out specific authority for imposing regulatory fees according to the industries over which the Commission has jurisdiction. On February 25, 2016, the Commission issued an order for Electric and Natural Gas Companies to pay 0.1% of the first fifty thousand dollars of gross operating revenue, plus 0.2% of any gross operation revenue in excess of the fifty thousand dollars. Fees are due to the Commission on May 2, 2016 because May 1 is a Sunday. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=6&year =2014&docketNumber=140166 Case No. UG-152394 Order No. 1 (02/25/16) Background: On December 16, 2015, Avista filed a Petition for an Order Authorizing Approval of Changes to the Company’s Natural Gas Line Extension Tariff, Limited Waiver of WAC 480-90-223 (1), and Accounting Ratemaking Treatment (Petition). Avista requested approval to make changes to its natural gas line extension tariff, Tariff WN U-29, Schedule 151, including 1) a modification to the calculation for line extension allowances, 2) a limited waiver of WAC 480-90-223(1) related to natural gas advertising, and 3) accounting and ratemaking treatment related to the use of any excess single-family residential line extension allowance. Avista proposed these changes be approved on a temporary basis, for a pilot period of three years, with a subsequent review to determine their effectiveness. On February 25, 2016, the Commission approved the Gas Line Extension Tariff and accounting ratemaking treatment on a temporary basis for a three-year period. Avista must file with the Commission semi-annual reports showing the impact of the increased allowance and rebates during the three-year pilot period from March 1, 2016 to February 28, 2019. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=23&yea r=2015&docketNumber=152394 Staff_PR_008 Attachment A State Orders Listing Page 30 of 34 Case No. UG-151148 Order No. Multiparty Settlement Stipulation (02/25/16) On July 7, 2015, Staff and Public Counsel performed an on-site audit of Avista’s conservation incentive and non-incentive expenditures. Prior to the on-site audit, Staff reviewed over 1000 expenditures, and selected 34 electric and natural gas line items for comprehensive on-site review. Public Counsel selected 10 additional line items for review, including: o Invoice dollar match to line-item expenditures; o Existence of proper supporting documentation for expenditures; o Appropriate Washington allocation of expenditures; o Overall appropriateness of expenditures; and o Presence of proper internal control mechanisms. All line item expenditures were supported by invoices, and supporting documentation was provided upon request. All reviewed expenditures were found to be appropriately allocated to Washington. However, Staff and Public Counsel discovered seven issues that warranted further investigation and discussion. In the matter of Avista’s proposed revisions to the electric tariff rider, which provides funding for demand side management (DSM) programs as well as evaluation, measurement, and verification, the Commission approved and adopted the multiparty settlement agreement. On February 26, 2016, the Commission approved Avista’s proposed revisions to the electric tariff rider, which provides funding for demand side management (DSM) programs as well as evaluation, measurement, and verification, and adopted the multiparty settlement agreement. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=115&y ear=2015&docketNumber=151148 Case No. UE-160228 & UG-160229 Order No. 1 (03/07/16), 2 (03/09/16) Background: Avista’s request for General Rate Revision 2016 On March 7, 2016, the Commission issued a complaint and Order Suspending Tariff Revisions and an Order of Consolidation. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=320&y ear=2016&docketNumber=160228 Staff_PR_008 Attachment A State Orders Listing Page 31 of 34 On March 9, 2016, the Commission issued a Protective Order http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=326&year=201 6&docketNumber=160228\ Case No. UE-160100 Order No. 1 (03/15/16) Background: On January 20, 2016, Avista Corporation, (Avista or Company) filed with the Washington Utilities and Transportation Commission (Commission) a petition requesting an order authorizing deferred accounting treatment of its remaining undepreciated net book value of its existing electric meters (Petition). The Company proposes an investment project that would retire and replace existing electric meters with new Advanced Metering Infrastructure (AMI) meters.1 Under the Company’s proposal, approximately 253,000 electric customers in the state of Washington would receive new meters. The Company also plans to upgrade its existing natural gas meters with digital communication modules. On March 4, 2016, Avista filed with the Commission an amended petition seeking an accounting order authorizing deferral of the remaining net book value of its existing electric meters as the meters are removed from service, rather than immediately, to a regulatory asset account, Other Regulatory Assets – 182.3 (Amended Petition). If the Amended Petition is approved, the Company intends to execute contracts with its selected AMI vendors for the advanced meters and supporting software. In its Amended Petition, Avista states that if the Company’s Petition is granted, the installation of advanced meters and related infrastructure to support AMI will begin immediately on a four or five year schedule commencing in early 2017. On March 15, 2016, the Commission granted Avista’s petition for an accounting order authorizing deferred accounting treatment related to the undepreciated net book value of the Company’s existing electric meters. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=81&yea r=2016&docketNumber=160100 Case No. UE-160071 & UG-160072 Order No. 1 (03/24/16) Background: On January 12, 2016, Avista Corporation (Avista or Company) filed with the Washington Utilities and Transportation Commission (Commission) a petition requesting an order authorizing accounting and ratemaking treatment of fees for credit Staff_PR_008 Attachment A State Orders Listing Page 32 of 34 and debit card payments made by residential customers (Petition). Avista seeks to defer, for up to 36 months, all fees paid by Avista related to offering a fee-free program for payment of bills by Washington residential customers that use credit and debit cards. Absent approval of this deferral, the company states that it will not move forward with a fee-free program. Avista has also sought similar treatment in Oregon and Idaho. On March 24, 2016, the Commission issued an order to grant Avista’s petition to defer all fees paid by Avista related to offering a fee-free program, in both Electric and Gas dockets, for payment of bills by Washington residential customers that use credit and debit cards. http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=14&yea r=2016&docketNumber=160071 http://www.utc.wa.gov/_layouts/CasesPublicWebsite/GetDocument.ashx?docID=14&yea r=2016&docketNumber=160072 Staff_PR_008 Attachment A State Orders Listing Page 33 of 34 Summary of Rate Orders Avista Corporation Q2 2016 Purpose: This report summarizes the findings and rulings of the various state Utility Commissions as they apply to Avista Corporation. These rate orders are available from the different state Utility Commission websites that Avista provides service, including:  Alaska – www.rca.alaska.gov  Idaho – www.puc.state.id.us  Montana – psc.mt.gov  Oregon – www.puc.idaho.gov  Washington – www.utc.wa.gov Alaska Nothing to report IDAHO Case No. AVU-E-16-03 (GRC) Order No. 33536 (06/07/16) Application to increase electric rates. MONTANA Nothing to report OREGON Nothing to report WASHINGTON Case No. PG-160292 Order No. 1 (04/07/16) Pipe replacement Plan 2015 - 2017 Staff_PR_008 Attachment A State Orders Listing Page 34 of 34 BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION AVISTA CORPORATION’S ORDER 02 ORDER ACKNOWLEDGING COMPLIANCE WITH 2013 BACKGROUND A. The Energy Independence Act 1 Washington voters approved Initiative 937, the Energy Independence Act (EIA), in the 2006 general election. Now codified at RCW 19.285, the EIA includes a renewable portfolio standard (RPS), which requires electric utilities with 25,000 or more customers to obtain certain percentages of their electricity from new renewable resources beginning in 2012. RCW 19.285.060(6) authorizes the Washington Utilities and Transportation Commission (Commission) to enforce the EIA with respect to investor-owned utilities.1 2 On March 13, 2015, the Commission adopted new rules for EIA enforcement.2 The new rules were adopted after an extensive public process involving Commission Staff (Staff), utility representatives, and other stakeholders. The new rule, WAC 480-109, imposes additional RPS reporting requirements on investor-owned utilities. All references to WAC 480-109 in this order refer to the rule as adopted on March 13, 2015. 3 RCW 19.285.030(20) authorized the Washington State Department of Commerce (Commerce) to select a tracking body to verify the certificates representing eligible generation that utilities use for compliance with the EIA. Commerce selected the Western Renewable Energy Generation Information System (WREGIS) to perform this function. 1 RCW 19.285.030(11) defines “investor-owned utility” by reference to RCW 19.29A.010. RCW 19.29A.010(19) provides: “ʻInvestor-owned utility’ means a company owned by investors that meets the definition of RCW 80.040.010 and is engaged in distributing electricity to more than one retail customer in the state.” 2 Docket UE-131723, General Order R-578 (March 13, 2015). DOCKET UE-131056 PAGE 2 ORDER 02 WAC 480-109-200(3) requires that all eligible renewable generation used by investor- owned utilities for EIA compliance be registered and retired in WREGIS. B. Company Filings 4 On May 31, 2013, Avista Corporation (Avista or Company) initiated this docket by filing with the Commission a Renewable Report under RCW 19.285.070 and WAC 480-109-210 (RPS Report). Based on its average annual load for 2011 and 2012, Avista reported that its 2013 renewable energy target was 166,740 megawatt-hours (MWh). In Order 01 in this docket, dated Sept. 9, 2013, the Commission accepted Avista’s calculation of its 2013 target. 5 WAC 480-109-210(6) requires utilities to submit a final RPS compliance report within two years of the initial report, in which the utility documents the certificates that it retired in WREGIS to comply with its target and request a compliance determination from the Commission. Avista filed its final RPS report on May 29, 2015. At Staff’s request, the Company filed a substitute report on June 2, 2015. Avista’s substitute report identifies the following 170,089 WREGIS certificates that the Company retired for 2013 RPS compliance: Facility Name (Location) Resource Type Vintage Amount (MWh) Facility On- Long Lake #3 (Spokane River, WA) Water (Incremental Hydro) 2013 14,197 10/29/1999 Avista- owned Little Falls #4 (Spokane River, WA) Water (Incremental Hydro) 2013 4,862 11/14/2001 Avista- owned Cabinet Gorge #2 (Clark Fork R., ID) Water (Incremental Hydro) 2013 29,008 3/19/2004 Avista- owned Cabinet Gorge #3 (Clark Fork R., ID) Water (Incremental Hydro) 2013 45,808 3/27/2001 Avista- owned Cabinet Gorge #4 (Clark Fork R., ID) Water (Incremental Hydro) 2013 20,517 4/5/2007 Avista- owned DOCKET UE-131056 PAGE 3 ORDER 02 Noxon Rapids #1 (Clark Fork R., MT) Water (Incremental Hydro) 2013 21,435 5/21/2009 Avista-owned Noxon Rapids #2 (Clark Fork R., MT) Water (Incremental Hydro) 2013 7,709 5/6/2001 Avista- owned Noxon Rapids #3 (Clark Fork R., MT) Water (Incremental Hydro) 2013 14,529 6/11/2010 Avista- owned Noxon Rapids #4 (Clark Fork R., MT) Water (Incremental Hydro) 2013 12,024 2012 Avista- owned Total eligible certificates retired: 170,089 2013 Target (MWh): 166,740 C. Use of Hydropower 6 WAC 480-109-200(7) lists three methods from which a utility may choose to calculate the portion of an upgraded hydropower facility’s output that is eligible renewable generation (incremental hydropower) per RCW 19.285.030(12)(b). Avista used Method Three to calculate the eligible output of Company-owned hydro facilities. 7 In its initial 2013 RPS report, Avista identified 21,927 MWh of eligible generation from Wanapum Dam, an upgraded hydropower facility owned and operated by Grant County PUD, which would be available to the Company for 2013 RPS compliance. 8 Subsequent to the Company’s initial 2013 RPS report, the Commission adopted a new rule that requires all eligible renewable generation used for RPS compliance by investor- owned utilities to be registered in WREGIS.3 The Wanapum Dam facility is not registered in WREGIS. 9 In the final 2013 RPS compliance report filed on May 29, 2015, the Company included the 21,927 MWh of eligible hydropower generation that it had acquired from Wanapum Dam. Staff informed the Company that under the new rule, the Company would have to 3 WAC 480-109-200(3). DOCKET UE-131056 PAGE 4 ORDER 02 petition the Commission for a waiver of WAC 480-109-200(3) to claim the Wanapum Dam generation. 10 Given its ability to exceed its 2013 target with eligible, Company-owned resources that are registered in WREGIS, Avista chose to remove the Wanapum Dam generation from its final 2013 report.4 DISCUSSION 11 We agree with Staff that although the Commission accepted Avista’s initial RPS report that included Wanapum Dam generation, the final compliance filing is subject to the rule adopted in March 13, 2015, and the Wanapum Dam generation is therefore ineligible for Avista’s 2013 RPS compliance. Avista correctly removed this generation from its final report. 12 We accept the Company’s use of Method Three for calculating its incremental hydropower generation, and remind the Company of the new requirement in WAC 480- 109-200(7)(e) to provide an analysis of Method Three’s performance in the Company’s 2019 report. FINDINGS AND CONCLUSIONS 13 (1) The Washington Utilities and Transportation Commission is an agency of the state of Washington vested by statute with the authority to regulate the rates, rules, regulations, practices, accounts, securities, transfers of property and affiliated interests of public service companies, including electrical companies. 14 (2) Avista is an electrical company and a public service company subject to Commission jurisdiction and is an “investor-owned utility” under RCW 19.285.030(11). 15 (3) Avista serves more than 25,000 customers within the State of Washington, and it is a “qualifying utility” within the meaning of RCW 19.285.030(19). 16 (4) Under RCW 19.285.040(2)(a)(i) and WAC 480-109-200(1)(a), Avista’s renewable energy target for 2013 was 166,740 megawatt-hours. 4 Docket UE-131056, Substitute Request for Compliance Determination (June 2, 2015), page 3. DOCKET UE-131056 PAGE 5 ORDER 02 17 (5) In Avista’s Final Renewable Compliance Report, filed on May 29, 2015, and revised on June 2, 2015, the Company demonstrated that it had acquired 170,089 megawatt-hours of eligible generation. 18 (6) Avista retired a total of 170,089 certificates in WREGIS. 19 (7) Avista has complied with all reporting and filing requirements set out in Order 01. ORDER THE COMMISSION ORDERS: 20 (1) Avista Corporation complied with the final renewable portfolio standard reporting requirements in WAC 480-109-210(6). 21 (2) Avista Corporation has generated 170,089 megawatt-hours of eligible renewable energy generation for the purpose of 2013 compliance, and retired corresponding certificates in the Western Renewable Energy Generation Information System. 22 (3) Avista Corporation has complied with its 2013 renewable energy target as required by RCW 19.285.040(2)(a)(i). DATED at Olympia, Washington, and effective June 25, 2015. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION DAVID W. DANNER, Chairman PHILIP B. JONES, Commissioner ANN E. RENDAHL, Commissioner [Service date June 25, 2015] BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION Complainant, Respondent. -140189 (Consolidated) ORDER 06 PPROVING AVISTA’S SERVICE QUALITY MEASURES PROGRAM COMPLIANCE FILING 1 BACKGROUND. On November 25, 2014, the Washington Utilities and Transportation Commission (Commission) entered a final order rejecting the tariff filing of Avista Corporation d/b/a Avista Utilities (Avista or the Company), accepting with conditions a full settlement stipulation (Settlement), authorizing tariff filing, and requiring compliance filings in Dockets UE-140188 and UG-140189 (Order 05). Among other things, the Settlement required Avista to meet with the Commission’s regulatory staff (Staff) and other interested parties to develop and implement appropriate service quality metrics, customer guarantees and reporting, with the agreed upon tariff revisions filed on or before June 1, 2015, with a program in place on July 1, 2015.1 2 On May 29, 2015, Avista filed its proposed Service Quality Measures (SQM) Program (SQM Filing) language and accompanying tariffs, after discussions with Staff, Public Counsel, and The Energy Project on six separate occasions.2 Staff and Public Counsel filed responses to the Company’s SQM Filing on June 10, 2015. Avista filed comments in reply on June 17, 2015 (Avista’s Reply). 1 Settlement, ¶ 16. 2 SQM Filing, Cover Letter dated May 29, 2015 at 2. DOCKETS UE-140188 and UG-140189 (consolidated) PAGE 2 ORDER 06 3 PARTY REPRESENTATIVES. David J. Meyer, Vice President and Chief Counsel for Regulatory and Governmental Affairs, Spokane, Washington, represents Avista. Lisa W. Gafken, Assistant Attorney General, Seattle, Washington, represents the Public Counsel Division of the Washington State Attorney General’s Office (Public Counsel). Brett P. Shearer, Assistant Attorneys General, Olympia, Washington, represents Staff.3 4 Melinda J. Davison, Davison Van Cleve, P.C., Portland, Oregon, represents the Industrial Customers of Northwest Utilities (ICNU). Chad M. Stokes and Tommy A. Brooks, Cable Huston, Portland, Oregon, represent the Northwest Industrial Gas Users (NWIGU). Ronald L. Roseman, attorney, Seattle, Washington, represents The Energy Project. MEMORANDUM 5 Avista’s SQM Filing. On May 29, 2015, Avista filed consensus SQM Program language after discussions with Staff, Public Counsel, and The Energy Project on six separate occasions.4 The Company stated that Staff, Public Counsel, and The Energy Project agreed that Avista will track and report its annual performance in meeting the benchmarks established, with five customer service measures and seven customer service guarantees. The customer service measures include: 1. Ninety percent of customers respond “satisfied” or “very satisfied” when surveyed about their experience calling Avista’s Customer Contact Center. The survey must provide statistically significant results and encompass Avista’s entire service territory. Avista will report separate data for Washington customers, but compliance will be judged on a multistate basis. 2. Ninety percent of customers respond “satisfied” or “very satisfied” when surveyed about their experience with Avista’s field services. The survey must provide statistically significant results and encompass Avista’s entire service 3 In formal proceedings, such as this, the Commission’s regulatory staff participates like any other party, while the Commissioners make the decision. To assure fairness, the Commissioners, the presiding administrative law judge, and the Commissioners’ policy and accounting advisors do not discuss the merits of this proceeding with the regulatory staff, or any other party, without giving notice and opportunity for all parties to participate. See, RCW 34.05.455. 4 SQM Filing, Cover Letter dated May 29, 2015 at 2. DOCKETS UE-140188 and UG-140189 (consolidated) PAGE 3 ORDER 06 territory. Avista will report separate data for Washington customers, but compliance will be judged on a multistate basis. 3. The number of complaints filed with the Commission will not exceed the rate of 0.4 complaints per 1,000 customers for the calendar year. 4. Eighty percent of calls are answered within 60 seconds of requesting to speak with a live representative. 5. Avista’s average response time to electric system emergencies in Washington will not exceed 80 minutes, except during major storms. Avista’s average response time to natural gas system emergencies in Washington will not exceed 55 minutes.5 6 The SQM Filing also proposed customer service guarantees. Under the new program, Avista will automatically provide customers with a $50 bill credit in certain circumstances. Beginning January 1, 2016, Avista proposes to provide a bill credit when: 1. Avista misses an appointment. The appointment windows are generally 8 AM to noon, and noon to 5 PM, and do not apply if the Company reschedules 24 hours in advance, or the customer cancels the appointment. 2. The Company does not restore electric service within 24 hours after an interruption. This does not apply during major event days, e.g., storms, or if an action by someone other than a utility employee prevents it from restoring power. 3. Avista does not turn on electric power within one business day when no construction is required, all permits are received, no bill is outstanding, and service was not disconnected for nonpayment or theft. 4. The Company does not provide a cost estimate for new electric or natural gas service within 10 business days upon receipt of necessary information. 5. Avista does not respond to a billing inquiry within 10 business days. 6. The Company does not report the results of a requested meter test within 20 business days. 5 SQM Filing at 2-4; Avista’s Reply at 3. DOCKETS UE-140188 and UG-140189 (consolidated) PAGE 4 ORDER 06 7. The Company does not provide 24 hours advance notice of a scheduled electric service interruption of more than 5 minutes.6 7 Avista also included a requirement to report System Average Interruption Frequency Index (SAIFI) and System Average Interruption Duration Index (SAIDI).7 Avista proposed that the Commission accept the SQM Filing, to be implemented by July 1, 2015.8 8 Staff’s Response. On June 10, 2015, Staff filed its Response to Avista’s SQM Filing (Staff’s Response). With regard to the Company’s customer service measures, Staff argues that the efficacy of performance incentives for Avista’s Washington service territory must be measured using results unique to Washington, and Avista’s performance in Idaho and Oregon is immaterial.9 Staff recommends measuring Avista’s performance in Washington only, except for measure number four, answering calls within 60 seconds. Staff accepts that there is no way for Avista to know from which state a customer is calling before representatives answer the phone, but believes that it is reasonable to separate the other measures by state.10 9 Staff also criticizes Avista’s seven customer service guarantees, objecting that the third guarantee does not apply to natural gas service as well as electric service.11 Electric guarantee number three requires Avista to “switch on power within one business day of the Customer or Applicant’s request for service” when no construction is required, all permits are received, no bill is outstanding, and service was not disconnected for nonpayment or theft.12 Staff proposes to add a similar requirement for natural gas service: 6 Avista’s SQM Filing at 5-6. 7 Id. at 4-5. The Commission requires Avista to report these Electric System Reliability Indices annually via reliability reports, and the proposed tariff specifies that the report include an historic five-year rolling average of SAIFI and SAIDI. Reliability reports are required under WAC 480-100-388 to WAC 480-100-398. 8 Id. at 2. 9 Staff’s Response, ¶ 8. 10 Id., n. 11. 11 Id., ¶ 11. 12 Avista’s SQM Filing at 5. DOCKETS UE-140188 and UG-140189 (consolidated) PAGE 5 ORDER 06 The Company will switch on natural gas within one business day of the Customer’s request for service, and offer an appointment within one business day or as soon after as reasonably possible but no later than seven days for new applicants [when no construction is required, all permits are received, no bill is outstanding, and service was not disconnected for nonpayment or theft.]13 10 Finally, Staff criticizes Avista’s filing for failing to include benchmarks to measure and evaluate Avista’s performance. To resolve this deficiency, Staff proposes SAIFI and SAIDI benchmarks set at Avista’s Washington service territory’s average for the five years immediately prior to the implementation of full decoupling - plus one standard deviation.14 Staff argues that this metric is reasonable, and that the value should be linked to a time period before decoupling because “a fully decoupled utility may be motivated to cut service and operating expenses in order to generate additional revenue.”15 11 Public Counsel’s Response. Public Counsel filed its Response to the Company’s SQM Filing on June 10, 2015 (Public Counsel’s Response). Public Counsel accepted the use of multistate measures for the customer service measures,16 and suggested consideration of Staff’s issue with the applicability of the third customer service guarantee for natural gas customers in a future proceeding.17 With regard to the report on SAIFI and SAIDI proposed by Avista, Public Counsel states that the parties did not agree on specific metrics, and, while not requesting any modification to Avista’s SQM Filing, suggests that this area would benefit from further analysis.18 12 Avista’s Reply to Staff’s Response. In its reply, Avista provides some clarifications to the SQM Filing and rebuts Staff’s proposals. The Company clarifies that the cost 13 Staff’s Response, Exhibit A (part 1) at 2-3 (redline tariff sheets 185A and 185B). 14 Id. at ¶ 4. Avista’s Electric Service Reliability Report includes a “reliability target that is the average over the previous five years plus two standard deviations.” Docket UE-150695, 2014 Electric Service Reliability Report at 6. 15 Id. at ¶¶ 5-6. 16 Public Counsel’s Response at 3. 17 Id. at 4. 18 Id. at 2. DOCKETS UE-140188 and UG-140189 (consolidated) PAGE 6 ORDER 06 of the customer guarantee credits will be borne by the Company’s shareholders.19 Additionally, Avista commits to reporting customer service measures one and two on a Washington-only basis, but clarifies the Washington-only results are provided for informational purposes only; its service quality will be evaluated based on statistically significant results reported on a multistate basis.20 13 Avista does not agree that financial penalties should be associated with the SQM program. Avista argues that it currently has a high level of service quality and satisfaction, decoupling does not provide an incentive to compromise customer service, and that there is no direct correlation between the prospect of penalties and the Company’s performance.21 14 Avista objects to Staff’s proposed electric system reliability benchmarks. The Company asserts that customer satisfaction is based on more utility practices than are measured by SAIFI and SAIDI, and that its system reliability is variable due to factors outside of its control.22 Avista objects to Staff’s benchmark, characterizing it as designed “to ensure the likelihood that Avista will not achieve it in every year.”23 Avista also observes that a meaningful improvement in “system reliability performance would require significant capital investments over an extended period of time.”24 15 The Company requests that the Commission not adopt Staff’s proposed customer service guarantee regarding a timeline for turning on natural gas supply because the process for turning on natural gas service is complex and requires the involvement of other parties than Avista.25 Finally, Avista opposes measuring performance based on results unique to Washington because Staff raised this objection the day prior to 19 Avista’s Reply at 3. 20 Id. 21 Id. at 3-5. 22 Id. at 6-7. 23 Id. at 7-9. 24 Id. at 9-10. 25 Id. at 10-11. DOCKETS UE-140188 and UG-140189 (consolidated) PAGE 7 ORDER 06 Avista’s filing and there are additional costs for acquiring statistically significant results for Washington-only data.26 16 Discussion and Decision. A compliance filing does not become effective until the Commission acts on it.27 Pursuant to WAC 480-07-883(4), the Commission may act by entering an order in any proceeding in which a compliance filing is authorized or required that approves the filing or rejects the filing or any portion thereof. 17 We carefully considered all of Staff’s objections and concerns regarding Avista’s SQM Filing. While Staff’s suggestions may have some merit, we do not have the record before us necessary to implement them. Further, it is unrealistic to impose Staff’s additional requirements beginning with calendar year 2015 and still expect Avista to implement the program’s many features by July 1, 2015. Neither do we feel compelled to consolidate these issues with Avista’s ongoing rate case. 18 The clarifications that Avista provides in its reply are significant. The cost of the customer guarantee credits, which provide customers with a $50 bill credit in certain circumstances, will be borne entirely by the Company’s shareholders. Additionally, Avista will report certain data on a Washington-only basis. We are pleased that the parties reached agreement on these clarifications. 19 We appreciate the arduous work that the parties put into Avista’s SQM Filing, and thank the Company for its sincere efforts. As proposed, Avista’s customer service measures, customer service guarantees and electric service reliability reporting proposal are a good first step, and we expect the parties to continue working to refine the program. Avista has also proposed continuing its work on the natural gas customer service guarantee issue raised by Staff, indicating that the Company would “do some additional research and report out to the parties (later in 2015) for a further discussion of a potential [natural gas service quality] measure [for turning on natural gas].”28 26 Id. at 12-14. 27 WAC 480-07-883(3)(b). 28 Avista’s Reply at 11. DOCKETS UE-140188 and UG-140189 (consolidated) PAGE 8 ORDER 06 20 Avista’s SQM Filing and accompanying tariffs, as clarified in its reply filing, comply with the requirements set forth in the Commission’s Order 05 to develop appropriate service quality metrics, customer guarantees and reporting by June 1, 2015, and implement the program by July 1, 2015, and should be approved. FINDINGS AND CONCLUSIONS 21 Having discussed above in detail the evidence received in this proceeding concerning all material matters, and having stated findings and conclusions upon issues in dispute among the parties and the reasons therefore, the Commission now makes and enters the following summary of those facts, incorporating by reference pertinent portions of the preceding detailed findings: 22 (1) The Washington Utilities and Transportation Commission is an agency of the State of Washington vested by statute with the authority to regulate the rates, rules, regulations, practices, and accounts of public service companies, including electrical and gas companies. 23 (2) Avista Corporation d/b/a Avista Utilities (Avista or the Company) is a “public service company,” an “electrical company” and a “gas company,” as those terms are defined in RCW 80.04.010 and as those terms otherwise are used in Title 80 RCW. Avista is engaged in Washington State in the business of supplying utility services and commodities to the public for compensation. 24 (3) On November 25, 2014, the Commission entered Order 05, accepting with conditions a full settlement stipulation (Settlement), authorizing tariff filing, and requiring compliance filings in Avista’s general rate case proceeding. 25 (4) Among other things, the Settlement required Avista to meet with the Staff and other interested parties to develop and implement appropriate service quality metrics, customer guarantees and reporting, with the tariff revisions filed on or before June 1, 2015, with a program in place on July 1, 2015. DOCKETS UE-140188 and UG-140189 (consolidated) PAGE 9 ORDER 06 26 (5) On May 29, 2015, Avista filed its proposed Service Quality Measures (SQM) Program (SQM Filing) language and accompanying tariffs, after discussions with Staff, Public Counsel, and The Energy Project on six separate occasions. 27 (6) Staff and Public Counsel filed responses to the Company’s SQM Filing on June 10, 2015. 28 (7) Avista filed comments in reply on June 17, 2015. CONCLUSIONS OF LAW 29 Having discussed above all matters material to this decision, and having stated detailed findings, conclusions, and the reasons therefore, the Commission now makes the following summary conclusions of law, incorporating by reference pertinent portions of the preceding detailed conclusions: 30 (1) The Washington Utilities and Transportation Commission has jurisdiction over the subject matter of, and parties to, these proceedings. 31 (2) Pursuant to WAC 480-07-883(3)(b), a compliance filing does not automatically become effective on its stated effective date. The Commission must act on the compliance filing for it to become effective, and the Commission can do so by entering an order approving the compliance filing or taking other appropriate action. 32 (3) The Company’s SQM Filing meets the requirements of the Settlement to discuss and implement appropriate service quality metrics, customer guarantees and reporting, with the tariff revisions filed on or before June 1, 2015, with a program in place by July 1, 2015. 33 (4) Avista’s SQM Filing and accompanying tariffs should be approved. DOCKETS UE-140188 and UG-140189 (consolidated) PAGE 10 ORDER 06 ORDER THE COMMISSION ORDERS THAT: 34 (1) The Service Quality Measures Program revised tariffs, filed on May 29, 2015, by Avista Corporation d/b/a Avista Utilities, are approved. 35 (2) The Commission retains jurisdiction over the subject matters and parties to this proceeding to effectuate the terms of this Order. Dated at Olympia, Washington, and effective June 25, 2015. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION DAVID W. DANNER, Chairman PHILIP B. JONES, Commissioner ANN E. RENDAHL, Commissioner DOCKETS UE-140188 and UG-140189 (consolidated) PAGE 11 ORDER 06 NOTICE TO PARTIES: This is a Commission Final Order. In addition to judicial review, administrative relief may be available through a petition for reconsideration, filed within 10 days of the service of this order pursuant to RCW 34.05.470 and WAC 480-07-850, or a petition for rehearing pursuant to RCW 80.04.200 and WAC 480-07-870. [Service Date June 25, 2015] BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION Complainant, Respondent. -140189 (Consolidated) ORDER 07 APPROVING TO AVISTA’S LOW- PROGRAM 1 BACKGROUND. On November 25, 2014, the Washington Utilities and Transportation Commission (Commission) entered a final order rejecting the tariff filing of Avista Corporation d/b/a Avista Utilities (Avista or the Company), accepting with conditions a full settlement stipulation (Settlement), authorizing tariff filing, and requiring compliance filings in Dockets UE-140188 and UG-140189 (Order 05). Among other things, Order 05 required Avista to double its funding increase for the Company’s Low-Income Rate Assistance Program (LIRAP) from the amount proposed in the Settlement. The settlement provided that the parties would work together to develop mutually agreed upon additions and modifications to LIRAP.1 Order 05 provided that if the Parties could not agree upon modifications or additions to the program they would file alternative or competing proposals with the Commission no later than June 1, 2015. 2 In December 2014, the Commission’s regulatory staff (Staff)2, Avista, the Public Counsel Section of the Office of the Attorney General (Public Counsel), the Energy Project, the 1 WUTC v. Avista, Dockets UE-140188 and UG-140189, Order 05, ¶ 5 (Nov. 25, 2015). 2 In formal proceedings, such as this, the Commission’s regulatory staff participates like any other party, while the Commissioners make the decision. To assure fairness, the Commissioners, the presiding administrative law judge, and the Commissioners’ policy and accounting advisors do not discuss the merits of this proceeding with the regulatory staff, or any other party, without giving notice and opportunity for all parties to participate. See, RCW 34.05.455. DOCKETS UE-140188 and UG-140189 (Consolidated) PAGE 2 ORDER 07 Northwest Industrial Gas Users (NWIGU), and the Industrial Customers of Northwest Utilities (ICNU) (collectively with Avista, Staff, Public Counsel, the Energy Project, and NWIGU, Parties) convened a workgroup consisting of representatives from the Company, Staff, the Energy Project, Public Counsel, NWIGU, and two Community Action Agencies – Spokane Neighborhood Action Partners (SNAP) and Rural Resources Community Action.3 The workgroup held six workshops and several planning conference calls from January 30 through May 1, 2015. The Parties filed a Joint Petition for Modifications and Additions to LIRAP (Joint Petition) on May 29, 2015, including proposed tariff sheets.4 3 PARTY REPRESENTATIVES. David J. Meyer, Vice President and Chief Counsel for Regulatory and Governmental Affairs, Spokane, Washington, represents Avista. Lisa W. Gafken, Assistant Attorney General, Seattle, Washington, represents the Public Counsel Division of the Washington State Attorney General’s Office (Public Counsel). Brett P. Shearer, Assistant Attorneys General, Olympia, Washington, represents Staff. 4 Melinda J. Davison, Davison Van Cleve, P.C., Portland, Oregon, represents the Industrial Customers of Northwest Utilities (ICNU). Chad M. Stokes and Tommy A. Brooks, Cable Huston, Portland, Oregon, represent the Northwest Industrial Gas Users (NWIGU). Ronald L. Roseman, attorney, Seattle, Washington, represents The Energy Project. MEMORANDUM 5 In developing modifications and additions to LIRAP, the Parties identified four goals to guide the LIRAP program design: keep customers connected to energy service, provide assistance to more customers than are currently served by the program, lower the energy burden of LIRAP participants, and ensure that LIRAP has the appropriate data to assess program effectiveness. To further these goals, the Parties propose several modifications and additions to the current program.5 6 Program Modifications. The first modification provides funding as a fixed annual budget, rather than collecting and allocating funding to Community Action Agencies on a 3 ICNU signed the Joint Petition, but did not participate in the collaborative. 4 WUTC v. Avista, Dockets UE-140188 and UG-140189, Joint Petition (May 29, 2015). 5 Joint Petition, ¶ 7. DOCKETS UE-140188 and UG-140189 (Consolidated) PAGE 3 ORDER 07 variable monthly basis.6 To accomplish this, Avista will make an annual true-up filing to ensure recovery of the annual budget each year. The total LIRAP revenue requirement will continue to be set in a GRC or other proceeding. Unspent funds will remain available for the next program year. This change will benefit Community Action Agencies by enabling them to know their fixed annual allocations by the end of May each year, and to budget accordingly. 7 Second, Avista will establish an ongoing energy assistance program advisory group to continue to monitor and explore ways to improve LIRAP.7 The group will hold at least two meetings per year. The costs of convening the advisory group will be recovered through general rates, not through Schedules 92 and 192, which fund the LIRAP electric and gas programs. 8 Finally, the Parties propose various other changes.8 Notably, administrative changes will improve communication between Avista, the Community Action Agencies, and program participants. 9 Program Additions. As an addition to the current LIRAP program, the Parties propose a pilot rate discount program for seniors and customers with disabilities.9 The Parties believe the addition of this program will enable LIRAP to reach more senior customers than the current program alone, lower these customers’ energy burden, and may be more effective in preventing disconnections than a one-time grant.10 10 Fixed-income seniors and fixed-income customers with a disability whose household income is between 126-200% of the federal poverty line (FPL) will be eligible for this pilot program.11 The program will provide a rate discount with an average benefit of $300 per participant per program year.12 Up to 800 customers will be eligible to participate from October 1, 2015 to September 30, 2017. 6 Joint Petition, ¶ 7. 7 Joint Petition, ¶ 7. 8 Joint Petition, ¶ 7. 9 Joint Petition, ¶ 10. 10 Joint Petition, ¶ 9. 11 Joint Petition, ¶ 10. 12 Joint Petition, ¶ 10. The benefit is $0.03153 per kWh or $0.40663 per therm. Id. Most of Avista’s low-income programs also offer a $300 benefit. Joint Petition, ¶ 2. DOCKETS UE-140188 and UG-140189 (Consolidated) PAGE 4 ORDER 07 11 The program’s budget is $700,000, which includes $50,000 for a third-party evaluation. Parties propose to increase LIRAP funding by $350,000 per year to fund this two-year pilot. A total of $210,992 will be recovered annually through electric schedule 92, and $113,238 through natural gas schedule 192. NWIGU, representing transportation customers on Schedule 146, agreed to contribute $25,770 annually to LIRAP.13 12 The Parties also filed a study published by SNAP and Eastern Washington University on the incidence of poverty in Avista’s service territory.14 This study relies on data from the American Community Survey which provides an estimated 5-year rolling average household income by census tract. The Parties argue that the study shows that over eight percent of households live below 50 percent of the federal poverty line (FPL), and that over one-third of households in Avista’s service area live below 200 percent of the FPL. 13 In light of this high level of need, and experiences from other states, the Parties plan to continue to discuss the addition of new LIRAP programs. Specifically, the Parties will explore the feasibility of implementing percentage of bill payment and arrearage management plans. Percentage of bill payment plans lower the customer’s energy bill to a set percentage of total household income. Arrearage management plans mitigate the hardship caused by a large arrearage by establishing achievable monthly payments. The Parties intend to investigate these program options further, and file a pilot proposal or status update by January 15, 2017. 14 Discussion and Decision. A compliance filing does not become effective until the Commission acts on it.15 Pursuant to WAC 480-07-883(4), the Commission may act by entering an order in any proceeding in which a compliance filing is authorized or required that approves the filing or rejects the filing or any portion thereof. 15 We appreciate the Parties’ work on improving this valuable assistance program. In its November 25, 2014 order, the Commission recognized the need to increase funding for LIRAP.16 13 Joint Petition, ¶ 14. This represents 1 percent of Schedule 146 revenues. 14 “An Estimate of the Number of Households in Poverty Served by Avista Utilities in Washington State,” May 2015, attachment D to the Joint Petition. 15 WAC 480-07-883(3)(b). 16 WUTC v. Avista, Dockets UE-140188 and UG-140189, Order 05, ¶ 42. DOCKETS UE-140188 and UG-140189 (Consolidated) PAGE 5 ORDER 07 16 We also found that the poverty rate in Avista’s service territory is higher than the statewide average, and that the majority of customers eligible for LIRAP assistance are not served by the current program.17 In this petition, the Parties have requested an additional $700,000 in LIRAP funding to implement the low-income rate discount program. 17 While we did not anticipate a request for additional funding, authorizing this funding increase will allow the Company to serve more eligible low-income customers. Additionally, we recognize industrial gas customers’ agreement to contribute funding to the program for the first time since LIRAP’s inception in 2001. 18 As the Parties have indicated, a third-party evaluation will be completed by December 31, 2017, and the Joint Petition presents several issues the evaluation will address. The Commission views this list of issues as the minimum examination that will take place. Such evaluation should also include recommendations for how the Company and Community Action Agencies can reduce administrative costs to ensure that more funding is directed toward meeting the program’s goals. 19 We welcome the creation of an energy assistance advisory group, which will allow the Parties to continue discussions to improve the program in the future. In addition to future program designs, the Parties should continue to review the administrative costs of the pilot program with an eye to reducing the operating expenses of the program so that more funding goes directly to those in need. 20 We find that the agreed-to modifications and additions are in the public interest, and that the Joint Petition should be granted. We approve the proposed modification and additions to LIRAP proposed therein, and the accompanying tariff sheets, including the senior/disabled rate discount pilot program. FINDINGS OF FACT 21 Having discussed above in detail the evidence received in this proceeding concerning all material matters, and having stated findings and conclusions upon issues in dispute among the parties and the reasons therefore, the Commission now makes and enters the 17 Id. ¶ 44. DOCKETS UE-140188 and UG-140189 (Consolidated) PAGE 6 ORDER 07 following summary of those facts, incorporating by reference pertinent portions of the preceding detailed findings: 22 (1) The Washington Utilities and Transportation Commission is an agency of the State of Washington vested by statute with the authority to regulate the rates, rules, regulations, practices, and accounts of public service companies, including electrical and gas companies. 23 (2) Avista Corporation d/b/a Avista Utilities (Avista or the Company) is a “public service company,” an “electrical company” and a “gas company,” as those terms are defined in RCW 80.04.010 and as those terms otherwise are used in Title 80 RCW. Avista is engaged in Washington State in the business of supplying utility services and commodities to the public for compensation. 24 (3) On November 25, 2014, the Commission entered Order 05, accepting with conditions a full settlement stipulation (Settlement), authorizing tariff filing, and requiring compliance filings in Avista’s general rate case proceeding. 25 (4) Among other things, the Commission required Avista to double its funding increase for the Company’s Low-Income Rate Assistance Program (LIRAP) from the amount proposed in the Settlement and mandated that the parties work together, using the pilot program proposed by the Commission’s regulatory staff (Staff) as a basis, to file mutually agreed upon additions and modifications to LIRAP. 26 (5) On May 29, 2015, Staff, Avista, the Public Counsel Section of the Office of the Attorney General (Public Counsel), the Energy Project, the Northwest Industrial Gas Users (NWIGU), and the Industrial Customers of Northwest Utilities (ICNU) (collectively with Avista, Staff, Public Counsel, the Energy Project, and NWIGU, Parties) filed a Joint Petition for Modifications and Additions to LIRAP (Joint Petition) and accompanying tariff sheets. CONCLUSIONS OF LAW 27 Having discussed above all matters material to this decision, and having stated detailed findings, conclusions, and the reasons therefore, the Commission now makes the DOCKETS UE-140188 and UG-140189 (Consolidated) PAGE 7 ORDER 07 following summary conclusions of law, incorporating by reference pertinent portions of the preceding detailed conclusions: 28 (1) The Washington Utilities and Transportation Commission has jurisdiction over the subject matter of, and parties to, these proceedings. 29 (2) Pursuant to WAC 480-07-883(3)(b), a compliance filing does not automatically become effective on its stated effective date. The Commission must act on the compliance filing for it to become effective, and the Commission can do so by entering an order approving the compliance filing or taking other appropriate action. 30 (3) The modifications and additions to LIRAP contained within the Joint Petition meet the requirements in Order 05 for the parties to work together, using the pilot program proposed by Staff as a basis, to file mutually agreed upon additions and modifications to LIRAP. 31 (4) The Joint Petition should be granted, the requested funding increase approved, and the modifications and additions to LIRAP, reflected in the accompanying tariff sheets, should be approved. ORDER THE COMMISSION ORDERS THAT: 32 (1) The Joint Petition for Modifications and Additions to LIRAP, filed on May 29, 2015, by Avista Corporation d/b/a Avista Utilities, the Commission’s regulatory staff, the Public Counsel Section of the Office of the Attorney General, the Energy Project, the Northwest Industrial Gas Users, and the Industrial Customers of Northwest Utilities, is granted. 33 (2) The modifications and additions proposed in the Joint Petition, and reflected in the accompanying tariff sheets, are approved. DOCKETS UE-140188 and UG-140189 (Consolidated) PAGE 8 ORDER 07 34 (3) The Commission retains jurisdiction over the subject matters and parties to this proceeding to effectuate the terms of this Order. Dated at Olympia, Washington, and effective June 25, 2015. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION DAVID W. DANNER, Chairman PHILIP B. JONES, Commissioner ANN E. RENDAHL, Commissioner NOTICE TO PARTIES: This is a Commission Final Order. In addition to judicial review, administrative relief may be available through a petition for reconsideration, filed within 10 days of the service of this order pursuant to RCW 34.05.470 and WAC 480-07-850, or a petition for rehearing pursuant to RCW 80.04.200 and WAC 480-07-870. [Service Date February 20, 2015] BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION, Complainant, d/b/a , Respondent. -150205 (Consolidated) ORDER 01 COMPLAINT AND ORDER SUSPENDING TARIFF REVISION BACKGROUND 1 On February 9, 2015, Avista Corporation, d/b/a Avista Utilities (Avista or Company) filed with the Washington Utilities and Transportation Commission (Commission) revisions to its currently effective Tariff WN U-28, Electric Service, as listed in the appendix attached to this Order. The stated effective date is March 12, 2015. The purpose of this filing is to increase rates and charges for electric service provided to customers in the state of Washington. 2 In this filing, Avista requests authority to increase charges and rates for electric service by approximately $33.2 million or 6.7 percent in billed rates. Because this increase might injuriously affect the rights and interests of the public, and Avista has not demonstrated that the increase would result in rates that are fair, just, reasonable and sufficient, the Commission suspends the tariff filing and will hold public hearings, if necessary, to determine whether the proposed increases are fair, just, reasonable, and sufficient. 3 On February 9, 2015, Avista also filed revisions to its currently effective Tariff WN U-29, Natural Gas, as listed in the appendix attached to this Order. The stated effective date is March 12, 2015. The purpose of this filing is to increase rates and charges for natural gas service provided to customers in the state of Washington. DOCKETS UE-150204 and UG-150205 (Consolidated) PAGE 2 ORDER 01 4 In this filing, Avista seeks to increase rates for natural gas service by approximately $12 million or 6.9 percent in billed rates. Because this increase might injuriously affect the rights and interests of the public and Avista has not demonstrated that the increases would result in rates that are fair, just, reasonable, and sufficient, the Commission suspends the tariff filing and will hold public hearings, if necessary, to determine whether the proposed increases are fair, just, reasonable and sufficient. 5 The matters in the two dockets appear to involve related facts and principles of law. It is appropriate that they be consolidated for hearing and determination pursuant to WAC 480-07-320. FINDINGS AND CONCLUSIONS 6 (1) The Washington Utilities and Transportation Commission is an agency of the State of Washington vested by statute with the authority to regulate rates, regulations, practices, accounts, securities, transfers of property and affiliated interests of public service companies, including electric and natural gas companies. RCW 80.01.040, RCW 80.04, RCW 80.08, RCW 80.12, RCW 80.16 and RCW 80.28. 7 (2) Avista is an electric and natural gas company and a public service company subject to Commission jurisdiction. 8 (3) The tariff revisions Avista filed on February 9, 2015, would increase charges and rates for service provided by Avista and might injuriously affect the rights and interest of the public. 9 (4) Avista has not yet demonstrated that the tariff revisions would result in rates that are fair, just, reasonable, and sufficient. 10 (5) Avista’s rates and charges for electric or natural gas services shown on any tariffs that Avista does not propose to revise may also be investigated to determine if they are fair, just, reasonable, and sufficient. 11 (6) In order to carry out the duties imposed upon the Commission by law, and as authorized in RCW 80.04.130, the Commission believes it is necessary to DOCKETS UE-150204 and UG-150205 (Consolidated) PAGE 3 ORDER 01 investigate Avista’s books, accounts, practices and activities; to make a valuation or appraisal of Avista’s property; and to investigate and appraise various phases of Avista’s operations. The Commission finds that these dockets meet the criteria of WAC 480-07-400(2)(b)(i) and that discovery will be conducted pursuant to the Commissions discovery rules in WAC 480-07- 400 – 425. 12 (7) As required by RCW 80.04.130(4), Avista bears the burden of proof to show that the proposed increases are fair, just, reasonable, and sufficient. 13 (8) Avista may be required to pay the expenses reasonably attributable and allocable to such an investigation, consistent with RCW 80.20. O R D E R THE COMMISSION ORDERS: 14 (1) The tariff revisions Avista Corporation, d/b/a Avista Utilities filed on February 9, 2015, are suspended. 15 (2) Dockets UE-150204 and UG-150205 are consolidated for hearing and determination under WAC 480-07-320. 16 (3) The Commission will hold hearings at such times and places as may be required. Such hearings may also examine Avista’s rates and charges for electric or natural gas service shown on any tariffs that Avista does not propose to revise. 17 (4) Avista must not change or alter the tariffs filed in these dockets during the suspension period, unless authorized by the Commission. 18 (5) The Commission will institute an investigation of Avista’s books, accounts, practices, activities, property, and operations as described above. DOCKETS UE-150204 and UG-150205 (Consolidated) PAGE 4 ORDER 01 19 (6) Discovery will be conducted pursuant to the Commission’s discovery rules in WAC 480-07-400 – 425. 20 (7) Avista shall pay the expenses reasonably attributable and allocable to the Commission’s investigation, consistent with RCW 80.20. DATED at Olympia, Washington, and effective February 20, 2015. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION DAVID W. DANNER, Chairman PHILIP B. JONES, Commissioner ANN E. RENDAHL, Commissioner DOCKETS UE-150204 and UG-150205 (Consolidated) PAGE 5 ORDER 01 Appendix TARIFF WN U-28, ELECTRIC SERVICE TARIFF WN U-29, NATURAL GAS SERVICE 2nd Revision Sheet B Canceling 1st Revision Sheet B 13th Revision Sheet 1 Canceling Substitute 12th Revision Sheet 1 13th Revision Sheet 11 Canceling Substitute 12th Revision Sheet 11 13th Revision Sheet 21 Canceling Substitute 12th Revision Sheet 21 13th Revision Sheet 25 Canceling Substitute 12th Revision Sheet 25 10th Revision Sheet 25A Canceling Substitute 9th Revision Sheet 25A 13th Revision Sheet 31 Canceling Substitute 12th Revision Sheet 31 12th Revision Sheet 41 Canceling Substitute 11th Revision Sheet 41 12th Revision Sheet 42 Canceling Substitute 11th Revision Sheet 42 6th Revision Sheet 42A Canceling Substitute 5th Revision Sheet 42A 12th Revision Sheet 44 Canceling Substitute 11th Revision Sheet 44 13th Revision Sheet 45 Canceling Substitute 12th Revision Sheet 45 13th Revision Sheet 46 Canceling Substitute 12th Revision Sheet 46 12th Revision Sheet 47 Canceling Substitute 11th Revision Sheet 47 13th Revision Sheet 47A Canceling Substitute 12th Revision Sheet 47A Original Sheet 47B 14th Revision Sheet 101 Canceling 2nd Substitute 13th Revision Sheet 101 14th Revision Sheet 111 Canceling 2nd Substitute 13th Revision Sheet 111 14th Revision Sheet 112 Canceling 2nd Substitute 13th Revision Sheet 112 14th Revision Sheet 121 Canceling 2nd Substitute 13th Revision Sheet 121 5th Revision Sheet 121A Canceling Substitute 4th Revision Sheet 121A 14th Revision Sheet 122 Canceling 2nd Substitute 13th Revision Sheet 122 5th Revision Sheet 122A Canceling Substitute 4th Revision Sheet 122A 14th Revision Sheet 131 Canceling 2nd Substitute 13th Revision Sheet 131 5th Revision Sheet 131A Canceling 2nd Substitute 4th Revision Sheet 131A 14th Revision Sheet 132 Canceling 2nd Substitute 13th Revision Sheet 132 5th Revision Sheet 132A Canceling 2nd Substitute 4th Revision Sheet 132A 14th Revision Sheet 146 Canceling 2nd Substitute 13th Revision Sheet 146 [Service Date February 20, 2015] BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION Complainant, , Respondent. -150205 (Consolidated) 02 1 The Commission finds that a protective order to govern disclosure of confidential information is necessary in this proceeding. The Commission finds as follows: a. It is likely that confidential information will be required to resolve the issues in this proceeding; b. Absent a protective order, a significant risk exists that confidential information might become available to persons who have no legitimate need for such information and that injury to the information provider could result. 2 Accordingly, the Commission enters the following protective order pursuant to RCW 34.05.446 to govern the discovery and use of confidential documents in this proceeding: ORDER A. General Provisions 3 Confidential Information. All access, review, use, and disclosure of any material designated by a party to this proceeding as confidential (referred to in this Order as "Confidential Information") is governed by this Order and by WAC 480-07-160. The Commission expects Confidential Information to include only numbers, customer names, and planning details. The Commission requires the parties to delete such information from the primary exhibits and provide these “confidential deletions” under separate cover in the manner described below. The Commission may reject a DOCKETS UE-150204 AND UG-150205 (Consolidated) PAGE 2 ORDER 02 filing or any other submission that fails to segregate Confidential Information, or categorizes clearly public information as confidential. 4 Parties must scrutinize potentially confidential material, and limit the amount they designate “Confidential Information” to only information that truly might compromise their ability to compete fairly or that otherwise might impose a business risk if disseminated without the protections provided in this Order. The first page and individual pages of a document determined in good faith to include Confidential Information must be marked by a stamp that reads: "Confidential Per Protective Order in UTC Dockets UE-150204 and UG-150205.” Placing a Confidential Information stamp on the first page of an exhibit indicates only that one or more pages contains Confidential Information and will not serve to protect the entire contents of the multi-page document. Each page that contains Confidential Information must be marked separately to indicate where confidential information is redacted. Confidential Information shall be provided on colored paper with references to where each number, customer name, or planning detail is redacted in the original document. 5 Confidential and Redacted Versions. Because the parties and the Commission are manipulating data and handling a number of open cases, and because confidentiality is more significant than it has been in the past, we must require complete confidential and redacted versions of testimony, exhibits, and briefs. 6 This extends to electronic versions, as well, and requires that all diskettes and all electronic mail specify whether the file is confidential, redacted, or public. 1. If a witness has a confidential portion of her testimony, the sponsoring party must provide a complete redacted version of the testimony and a complete confidential version, with confidential pages on color paper. 2. It also means that you must submit (at least) two diskettes and E-mails - one with the electronic version of the confidential text and one with the electronic version of the redacted text. a. You MUST identify the confidential diskettes with prominent red markings and the word “confidential” in addition to the contents and the docket number. The others must be prominently labeled “redacted” or “public”. b. You MUST identify each confidential digital file with a C in the file name and MUST have the legend “CONFIDENTIAL PER PROTECTIVE ORDER IN UTC DOCKETS UE-150204 AND UG- DOCKETS UE-150204 AND UG-150205 (Consolidated) PAGE 3 ORDER 02 150205” prominently displayed on the first page (i.e., the page that appears on the computer screen when the file is opened). 7 Purpose of Access and Use; Confidentiality. No Confidential Information distributed or obtained pursuant to this protective order may be requested, reviewed, used or disclosed by any party or counsel having access pursuant to this order, except for purposes of this proceeding. Persons having access to the Confidential Information pursuant to this order must request, review, use, or disclose Confidential Information only by or to persons authorized under this Order, and only in accordance with the terms specified in this Order. B. Disclosure of Confidential Information 8 Persons Permitted Access. No Confidential Information will be made available to anyone other than Commissioners, Commission Staff, the presiding officer(s), and counsel for the parties for this proceeding, including counsel for Commission Staff, and attorneys’ administrative staff such as paralegals. However, access to any Confidential Information may be authorized by counsel, solely for the purposes of this proceeding, to those persons designated by the parties as their experts in this matter. Except for the Washington Utilities and Transportation Commission Staff, no such expert may be an officer, director, direct employee, major shareholder, or principal of any party or any competitor of any party (unless this restriction is waived by the party asserting confidentiality). Any dispute concerning persons entitled to access Confidential Information must be brought before the presiding officer for resolution. 9 Non-disclosure Agreement. Before being allowed access to any Confidential Information designated for this docket, each counsel or expert must agree to comply with and be bound by this Order on the form of Exhibit A (counsel and administrative staff) or B (expert) attached to this Order. Counsel for the party seeking access to the Confidential Information must deliver to counsel for the party producing Confidential Information a copy of each signed agreement, which must show each signatory's full name, permanent address, the party with whom the signatory is associated and, in the case of experts, the employer (including the expert's position and responsibilities). The party seeking access must also send a copy of the agreement to the Commission and, in the case of experts, the party providing Confidential Information shall complete its portion and file it with the Commission or waive objection as described in Exhibit B. 10 Access to Confidential Information. Copies of documents designated confidential under this Order will be provided in the same manner as copies of documents not designated confidential, pursuant to WAC 480-07-423. Requests for special DOCKETS UE-150204 AND UG-150205 (Consolidated) PAGE 4 ORDER 02 provisions for inspection, dissemination or use of confidential documents must be submitted to the presiding officer if not agreed to by the parties. The parties must not distribute copies of Confidential Information to, and they must not discuss the contents of confidential documents with, any person not bound by this Order. Persons to whom copies of documents are provided pursuant to this Order warrant by signing the confidentiality agreement that they will exercise all reasonable diligence to maintain the documents consistent with the claim of confidentiality. C. Use of Confidential Information in This Proceeding 11 Reference to Confidential Information. If reference is to be made to any Confidential Information by counsel or persons afforded access to this information during any part of this proceeding including, but not limited to, motions, briefs, arguments, direct testimony, cross-examination, rebuttal and proposed offers of proof, any public reference (i.e., any reference that will not be placed in a sealed portion of the record) shall be either solely by title or by exhibit reference. Any other written reference shall be segregated and marked "Confidential Information," and access to it shall be given solely to persons who are authorized access to the information under this Order. References to the Confidential Information must be withheld from inspection by any person not bound by the terms of this Order. 12 In oral testimony, cross-examination or argument, public references to Confidential Information must be on such prior notice as is feasible to the affected party and the presiding officer. Unless alternative arrangements exist to protect the Confidential Information as provided below, there must be minimum sufficient notice to permit the presiding officer an opportunity to clear the hearing room of persons not bound by this Order or take such other action as is appropriate in the circumstances. 13 Protected Use by Agreement. Any party who intends to use any Confidential Information in the course of this proceeding, including but not limited to testimony to be filed by the party, exhibits, direct and cross-examination of witnesses, rebuttal testimony, or a proffer of evidence, shall give reasonable notice of such intent to all parties and to the presiding officer, and attempt in good faith to reach an agreement to use the Confidential Information in a manner which will protect its trade secret, proprietary, or other confidential nature. The parties shall consider such methods as use of clearly edited versions of confidential documents, characterizations of data rather than disclosure of substantive data, and aggregations of data. The goal is to protect each party's rights with respect to Confidential Information while allowing all parties the latitude to present the evidence necessary to their respective cases. 14 If the parties cannot reach agreement about the use of Confidential Information, they must notify the presiding officer, who will determine the arrangements to protect the DOCKETS UE-150204 AND UG-150205 (Consolidated) PAGE 5 ORDER 02 Confidential Information to ensure that all parties are afforded their full due process rights, including the right to cross-examine witnesses. 15 Right to Challenge Admissibility. Nothing in this Order may be construed to restrict any party's right to challenge the admissibility or use of any Confidential Information on any ground other than confidentiality, including but not limited to competence, relevance, or privilege. 16 Right to Challenge Confidentiality. Any party may challenge another party’s assertion of confidentiality with respect to any information asserted to be entitled to protection under this Order. The Presiding officer will conduct an in camera hearing to determine the confidentiality of information. The burden of proof to show that such information is properly classified as confidential is on the party asserting confidentiality. Pending determination, the assertedly Confidential Information shall be treated in all respects as protected under the terms of this Order. If the presiding officer determines the challenged information is not entitled to protection under this Order, the information continues to be protected under this Order for ten days thereafter to enable the producing party to seek Commission or judicial review of the determination, including a stay of the decision’s effect pending further review. 17 Admission of Confidential Information Under Seal. The portions of the record of this proceeding containing Confidential Information will be sealed for all purposes, including administrative and judicial review, unless such Confidential Information is released from the restrictions of this Order, either through the agreement of the parties or pursuant to a lawful order of the Commission or of a court having jurisdiction to do so. 18 Return of Confidential Information. At the conclusion of this proceeding every person who possesses any Confidential Information (including personal notes that make substantive reference to Confidential Information), must return all Confidential Information to the party that produced it, or must certify in writing that all copies and substantive references to Confidential Information in notes have been destroyed, within thirty days following the conclusion of this proceeding, including any administrative or judicial review. These provisions apply to all copies of exhibits which contain Confidential Information and for that reason were admitted under seal. The only exceptions are that exhibits may be preserved by counsel as counsel records, and a complete record, including Confidential Information, will be preserved by the Executive Secretary of the Commission as part of the Agency's official records. 19 Freedom of Information Laws. Until the Commission or any court having jurisdiction finds that any particular Confidential Information is not of a trade secret, proprietary, or confidential nature, any federal agency that has access to and/or DOCKETS UE-150204 AND UG-150205 (Consolidated) PAGE 6 ORDER 02 receives copies of the Confidential Information must treat the Confidential Information as within the exemption from disclosure provided in the Freedom of Information Act at 5 U.S.C. § 552 (b)(4); and any Washington state agency that has access to and/or receives copies of the Confidential Information must treat the Confidential Information as being within the exemption from disclosure provided in RCW 42.56.210. 20 Notice of Compelled Production in Other Jurisdictions. If a signatory to this protective order is compelled to produce confidential documents in any regulatory or judicial proceeding by the body conducting the proceeding, the signatory must provide notice to the party that provided the confidential information. Such confidential information must not be produced for at least five days following notice, to permit the party that provided such information an opportunity to defend the confidential nature of the material before the regulatory or judicial body that would compel production. Disclosure after that date, in compliance with an order compelling production, is not a violation of this Order. 21 Modification. The Commission may modify this Order on motion of a party or on its own motion upon reasonable prior notice to the parties and an opportunity for hearing. 22 Violation of this Order. Violation of this Order by any party to this proceeding or by any other person bound by this Order by unauthorized use or unauthorized divulgence of Confidential Information may subject such party or person to liability for damages and shall subject such party to penalties as generally provided by law. DATED at Olympia, Washington, and effective February 20, 2015. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION MARGUERITE E. FRIEDLANDER Administrative Law Judge DOCKETS UE-150204 AND UG-150205 (Consolidated) PAGE 7 ORDER 02 EXHIBIT A (ATTORNEY AGREEMENT) AGREEMENT CONCERNING CONFIDENTIAL INFORMATION IN DOCKETS UE-150204 and UG-150205 BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION I, ____________________________________________, as attorney in this proceeding for ________________________________________________ (party to this proceeding) agree to comply with and be bound by the Protective Order entered by the Washington Utilities and Transportation Commission in Dockets UE- 150204 and UG-150205, and acknowledge that I have reviewed the Protective Order and fully understand its terms and conditions. _______________________________________ ___________________________ Signature Date _______________________________________ Address DOCKETS UE-150204 AND UG-150205 (Consolidated) PAGE 8 ORDER 02 EXHIBIT B (EXPERT AGREEMENT) AGREEMENT CONCERNING CONFIDENTIAL INFORMATION IN DOCKETS UE-150204 and UG-150205 BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION I, _______________________________________________, as expert witness in this proceeding for ____________________________________ (a party to this proceeding) hereby agree to comply with and be bound by the Protective Order entered by the Washington Utilities and Transportation Commission in Dockets UE-150204 and UG-150205 and acknowledge that I have reviewed the Protective Order and fully understand its terms and conditions. ____________________________________ ___________________________ Signature Date ____________________________________ Employer ____________________________________ ___________________________ Address Position and Responsibilities * * * The following portion is to be completed by the responding party and filed with the Commission within 10 days of receipt; failure to do so will constitute a waiver and the above-named person will be deemed an expert having access to Confidential Information under the terms and conditions of the protective order. _______ No objection. _______ Objection. The responding party objects to the above-named expert having access to Confidential Information. The objecting party shall file a motion setting forth the basis for objection and asking exclusion of the expert from access to Confidential Information. _____________________________________ ___________________________ Signature Date [Service date March 16, 2015] BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION Complainant, DBA Respondent. -150205 (Consolidated) 3 ; (Set for October 5-8, 2015) 1 NATURE OF PROCEEDING. On February 9, 2015, Avista Corporation, dba Avista Utilities (Avista or Company) filed with the Washington Utilities and Transportation Commission (Commission) revisions to its currently effective Tariff WN U-28, Electric Service. The Company requests authority to increase charges and rates for electric service by approximately $33.2 million or 6.7 percent in billed rates. This matter has been designated by the Commission as Docket UE-150204. 2 Also on February 9, 2015, Avista filed revisions to its currently effective Tariff WN U-29, Natural Gas Service. In this filing, Avista seeks to increase rates for natural gas service by approximately $12 million or 6.9 percent in billed rates. This matter has been designated as Docket UG-150205. In Order 01, Complaint and Order Suspending Tariff Revisions and Order of Consolidation, the Commission suspended these tariff revisions and consolidated Dockets UE-150204 and UG-150205 for hearing. 3 CONFERENCE. The Commission convened a prehearing conference in these dockets at Olympia, Washington, on March 12, 2015, before Administrative Law Judge Marguerite E. Friedlander. DOCKETS UE-150204 and UG-150205 (Consolidated) PAGE 2 ORDER 03 4 PARTY REPRESENTATIVES. David J. Meyer, Vice President and Chief Counsel for Regulatory and Governmental Affairs, Spokane, Washington, represents Avista. Lisa W. Gafken, Assistant Attorney General, Seattle, Washington, represents the Public Counsel Division of the Washington State Attorney General’s Office (Public Counsel). Patrick J. Oshie, Jennifer Cameron-Rulkowski, and Brett P. Shearer, Assistant Attorneys General, Olympia, Washington, represent the Commission’s regulatory staff (Staff).1 5 Melinda J. Davison and Jesse E. Cowell, Davison Van Cleve, P.C., Portland, Oregon, represent the Industrial Customers of Northwest Utilities (ICNU). Chad M. Stokes and Tommy A. Brooks, Cable Huston, Portland, Oregon, represent the Northwest Industrial Gas Users (NWIGU). Ronald L. Roseman, attorney, Seattle, Washington, represents The Energy Project. Contact information provided at the conference for the parties’ representatives is attached as Appendix A to this order. 6 PETITIONS FOR INTERVENTION. The following organizations filed petitions to intervene: 7 Parties did not voice objection to the petitions to intervene. The Commission finds that the petitioners each demonstrated their substantial interest in this proceeding and that their participation will be in the public interest. The petitions to intervene are granted. 8 CONSENT TO ELECTRONIC SERVICE. All of the parties have consented to electronic service of process from the other parties. 9 PROTECTIVE ORDER. Avista requested that the Commission enter a protective order in this docket under RCW 34.05.446, RCW 80.04.095, WAC 480-07-420 and 1 In formal proceedings, such as this, the Commission’s regulatory staff participates like any other party, while the Commissioners make the decision. To assure fairness, the Commissioners, the presiding administrative law judge, and the Commissioners’ policy and accounting advisors do not discuss the merits of this proceeding with the regulatory staff, or any other party, without giving notice and opportunity for all parties to participate. See, RCW 34.05.455. DOCKETS UE-150204 and UG-150205 (Consolidated) PAGE 3 ORDER 03 WAC 480-07-423 to protect the confidentiality of proprietary information. The request was granted and a protective order, Order 02, entered in this docket. 10 DISCOVERY. Discovery will continue pursuant to the Commission’s discovery rules, WAC 480-07-400 – 425. The Commission urges the parties to work cooperatively together to avoid having to bring discovery matters forward for formal resolution. 11 PROCEDURAL SCHEDULE. The parties agreed on a procedural schedule at the prehearing conference. The Commission adopts this procedural schedule, which is attached to this Order as Appendix B. 12 The parties agreed to a shortened response time for data requests received on or after July 27, 2015. Responses to these data requests will be due within seven business days. From September 4, 2015, through the close of discovery, the response time for data requests is five business days. 13 EXHIBITS FOR CROSS-EXAMINATION. Parties are required to file with the Commission and submit electronically all proposed cross-examination exhibits on September 30, 2015. The Commission requires six copies of the fully unredacted version of exhibits. The Commission also requires 1 copy of a redacted set of any confidential or highly confidential exhibits so that these can be made available by the Commission in response to a public records request or posted to the Commission’s web pages. 14 NOTICE OF HEARING. The Commission will hold an evidentiary hearing in these dockets beginning October 5, 2015, at 9:30 a.m., in the Commission’s Hearing Room, Second Floor, Richard Hemstad Building, 1300 S. Evergreen Park Drive S.W., Olympia, Washington. The hearing will continue until from day to day thereafter, or as otherwise scheduled, until completed. The Commission may alter this schedule by subsequent notice. 15 DOCUMENT PREPARATION AND FILING REQUIREMENTS. Parties must file an original plus 6 copies of all pleadings, motions, briefs, and other prefiled materials. These materials must conform to the format and publication guidelines in WAC 480-07-395 and WAC 480-07-460. The Commission prefers that materials be DOCKETS UE-150204 and UG-150205 (Consolidated) PAGE 4 ORDER 03 three-hole punched with oversized holes to allow easy handling. The Commission may require a party to refile any document that fails to conform to these standards. 16 All filings must be mailed or delivered to the Executive Director and Secretary, Washington Utilities and Transportation Commission, P.O. Box 47250, 1300 S. Evergreen Park Drive, S.W. Olympia, Washington 98504-7250. Both the post office box and street address are required to expedite deliveries by the U.S. Postal Service. 17 An electronic copy of all filings must be provided through the Commission’s Web Portal (www.utc.wa.gov/e-filing) or by e-mail delivery to <records@utc.wa.gov>. Alternatively, parties may furnish an electronic copy by delivering with each filing a 3.5-inch IBM-formatted high-density diskette, CD, or flash drive including the filed document(s). Parties must furnish electronic copies in MS Word 6.0 (or later) supplemented by a separate file in .pdf (Adobe Acrobat) format. Parties must follow WAC 480-07-140(5) in organizing and identifying electronic files. 18 ELECTRONIC SUBMISSION OF DOCUMENTS. Parties may submit documents electronically to the Commission by 3:00 p.m. on the filing deadline to expedite the filing process, but must file an original, plus 6 paper copies, of the documents with the Commission by 12:00 noon on the first business day following the filing deadline established in the procedural schedule. WAC 480-07-145(6). Parties may submit documents electronically through the Commission’s Web Portal (www.utc.wa.gov/efiling) or by e-mail to records@utc.wa.gov. Finally, to perfect filing, parties must simultaneously provide e-mail courtesy copies of filings to the presiding administrative law judge as well as to the parties to the proceeding. 19 ALTERNATE DISPUTE RESOLUTION. The Commission supports the informal settlement of matters before it. Parties are encouraged to consider means of resolving disputes informally. The Commission does have limited ability to provide dispute resolution services; if you wish to explore those services, please call the Director, Administrative Law Division, at 360-664-1355. DOCKETS UE-150204 and UG-150205 (Consolidated) PAGE 5 ORDER 03 20 NOTICE TO PARTIES: A party who objects to any portion of this Order must file a written objection within ten (10) calendar days after the service date of this Order, pursuant to WAC 480-07-430 and WAC 480-07-810. The service date appears on the first page of the order in the upper right-hand corner. Absent such objection, this Order will control further proceedings in this matter, subject to Commission review. Dated at Olympia, Washington, and effective March 16, 2015. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION MARGUERITE E. FRIEDLANDER Administrative Law Judge DOCKETS UE-150204 and UG-150205 (Consolidated) PAGE 6 ORDER 03 APPENDIX A PARTIES’ REPRESENTATIVES DOCKETS UE-150204 & UG-150205 PARTY REPRESENTATIVE PHONE E-MAIL Avista , MSC kelly.norwood@avistacorp.com , MSC david.meyer@avistacorp.com patrick.ehrbar@avistacorp.com avistadockets@avistacorp.com liz.andrews@avistacorp.com Commission Staff -0128 poshie@utc.wa.gov bshearer@utc.wa.gov jcameron@utc.wa.gov ccasey@utc.wa.gov kgross@utc.wa.gov bdemarco@utc.wa.gov cmcguire@utc.wa.gov sistant Director, Energy tschoole@utc.wa.gov DOCKETS UE-150204 and UG-150205 (Consolidated) PAGE 7 ORDER 03 PARTY REPRESENTATIVE PHONE E-MAIL Public Counsel enue, Suite 2000 -14 -3188 lisa4w@atg.wa.gov lead@atg.wa.gov carolw@atg.wa.gov chandam@atg.wa.gov stefaniej@atg.wa.gov Industrial Customers of Northwest Utilities (ICNU) rd Avenue #266 mjd@dvclaw.com jec@dvclaw.com jog@dvclaw.com mgorman@consultbai.com brmullins@mwanalytics.com Northwest Industrial Gas Users (NW Ed Finklea Executive Director 4 efinklea@nwigu.org ble Huston -1136 cstokes@cablehuston.com tbrooks@cablehuston.com DOCKETS UE-150204 and UG-150205 (Consolidated) PAGE 8 ORDER 03 The Energy Project Charles Eberdt The Energy Project Chuck_eberdt@oppco.org th Avenue East ronaldroseman@comcast.net shawn_collins@oppco.org michael@awish.net DOCKETS UE-150204 and UG-150205 (Consolidated) PAGE 9 ORDER 03 APPENDIX B PROCEDURAL SCHEDULE DOCKETS UE-150204 and UG-150205 EVENT DATE 2 s-3 – Last day to issue Data Requests4 2 Response time to data requests relating to this testimony will be 7 business days. 3 Response time to data requests relating to this testimony will be 5 business days. 4 Response time to data requests will be 5 business days. BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of AVISTA CORPORATION , 2014 . . . . . . . . . . . . . AUTHORIZING 4 BACKGROUND 1 The Utilities and Transportation Commission (Commission) in its Fifth Supplemental Order in Docket UE-011595 (June 18, 2002), authorized Avista Corporation dba Avista Utilities (Avista or Company) to implement an Energy Recovery Mechanism (ERM) allowing for positive or negative adjustments to its rates to account for fluctuations in power costs outside of an authorized band for power-cost recovery in base rates. Under the Settlement Stipulation approved by the Commission in the same order, Avista is required to make a filing by April 1 of each year regarding the power costs it deferred the prior calendar year under the ERM.1 2 The Company’s April 1 filings are intended to be sufficient to provide the Commission and interested parties an opportunity to audit and review the prudence of the ERM deferrals for the year in question. A 90-day review period is contemplated, though that period can be extended by agreement of the parties.2 On June 30, 2015 the Commission received a letter from Avista agreeing to extend the review period to July 31, 2015. 3 The first ERM annual review covered the period July 1, 2002, through December 31, 2002, and resulted in a Commission Order approving a settlement of the issues presented.3 Among other things, the Settlement Stipulation in Docket UE-030751 identified specific documentation the Company would file in future ERM annual review proceedings.4 1Settlement Stipulation in Docket UE-011595 at 6-7, 4.b. 2 Id. 3 WUTC v. Avista Corp., Docket UE-030751, Order 05, Order Approving and Adopting Settlement Stipulation (Feb. 3, 2004). 4 See Settlement Stipulation in Docket UE-030751 at 6-7, ¶ III.C. DOCKET UE-150520 PAGE 2 ORDER 01 4 Pursuant to the terms of the ERM, the first $4 million of amounts of net power supply costs above the authorized level is absorbed by the Company; the next $6 million 50 percent is absorbed by the Company and 50 percent is deferred for surcharge to rate payers; and 90 percent of any remaining amount over $10 million is deferred as a potential surcharge to rate payers. 5 On March 30, 2015, Avista filed testimony, exhibits, and supporting documentation relating to power costs deferred under the ERM for calendar year 2013. The 90-day review period was March 30, 2015, to June 30, 2015. 6 In 2014, Avista’s actual net power expense allocated to Washington was lower than the authorized baseline expense by $9,526,640. Washington’s retail sales were 129,672 megawatts greater than the baseline resulting in retail revenue credit rebate adjustment of $4,168,955 included in the Washington allocated net power expense above. Since actual costs are lower than authorized costs the calculation is as follows: a. The first $4 million is retained by the Company; b. Twenty five percent of the next $5,526,640 is retained by the Company or $1,381,660 million (25 percent of $5,526,640) and $4,144,980 (75 percent of $5,526,640) is deferred as a rebate to rate payers. 7 Additionally, there is a rebate of $79,031 related to interest 8 For the year 2014, the total calculated rate payer deferral taking into consideration the additional interest is $4,224,011. At the end of 2014, the total balance in the ERM deferral accounts, including the 2014 rebate recorded, was $14,186,102 in the rebate direction. 9 The baseline for this ERM calculation results from the power supply revenues and expenses approved by the Commission in Dockets UE-140188 and UG-140189 (consolidated). 10 Staff has conducted a review of the Company’s ERM annual review filing in this docket, and is satisfied the Company provided adequate documentation of its ERM power cost revenue and expenses. 11 Staff has not identified any related issues nor has any other person or party filed comments with the Commission within the review period. DOCKET UE-150520 PAGE 3 ORDER 01 DISCUSSION 12 Avista’s March 30, 2015, filing provides sufficient information to allow the Commission and interested parties to audit and review the prudence of the ERM deferrals for 2014. We agree with Staff that the Company’s documentation of its ERM power cost deferrals for calendar year 2014 adequately supports the rate payer deferral or rebate amount of $4,224,011 reflected in the filing. FINDINGS AND CONCLUSIONS 13 (1) The Washington Utilities and Transportation Commission is an agency of the State of Washington vested by statute with the authority to regulate rates, rules, regulations, practices, and accounts of public service companies, including electric companies. 14 (2) Avista is a public service Company subject to Commission jurisdiction. Avista is engaged in the business of providing electric and natural gas service within the state of Washington. 15 (3) This matter was brought before the Commission at its regularly scheduled meeting on July 30, 2015. The Commission received no written or oral comments from any person or party other than Commission Staff. 16 (4) The Company has provided adequate documentation of its ERM power cost deferrals for calendar year 2014 to support the rate payer deferral or surcharge amount of $4,224,011. ORDER THE COMMISSION ORDERS: 17 (1) Avista Corporation dba Avista Utilities’ filing meets the requirements in Dockets UE-011595 and UE-030751 and Avista Corporation dba Avista Utilities has properly calculated the 2014 Energy Recovery Mechanism amount. 18 (2) Pursuant to the terms of the Energy Recovery Mechanism, Avista Corporation dba Avista Utilities is authorized to record a 2014 rate payer deferral or rebate amount of $4,224,011. 19 (3) This Order shall in no way affect the Commission’s authority over rates, services, accounts, valuations, estimations, or determination of costs, or any matters DOCKET UE-150520 PAGE 4 ORDER 01 whatsoever that may come before it. Nor shall this Order be construed as an agreement to any estimate or determination of costs, or any valuation of property claimed or asserted. 20 (4) The Commission retains jurisdiction to effectuate the terms of this Order. The Commissioners, having determined this Order to be consistent with the public interest, directed the Secretary to enter this Order. DATED at Olympia, Washington, and effective July 30, 2015. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION STEVEN V. KING, Executive Director and Secretary BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Petition of AVISTA CORPORATION, Petitioner, 01 BACKGROUND 1 On May 1, 2015, Avista Corporation (Avista or Company) filed a petition for an order approving a Lease Agreement between the Company and Mobius Science Center (Mobius), a non-profit science center that opened in Spokane in 2012. The Lease Agreement will allow Avista to form an educational partnership with Mobius and fulfill its hydro-dam relicensing requirements to provide educational displays on the operations and environmental aspects of hydro power. The Lease Agreement grants Mobius occupancy of the ground floor of the Post Street Annex, which is a three-story facility. Avista will continue to use the other two floors of the Annex as a supporting facility for the Post Street substation next door. 2 Avista will incur approximately $550,000 in make-ready costs to accommodate building use by a third party. Those costs will cover basic mechanical and structural building improvements such as: reinforcing the roof, removing lead-based paint on an interior brick wall of the ground floor, and improving electrical safety to protect against electrical surges from the adjacent Post Street substation. 3 The Lease Agreement is for an annual rent payment of one dollar. Plus Mobius will be responsible for interior operations and maintenance costs for its occupation of the ground floor space, and it will make all improvements and renovations required for the permitted uses specified in the lease at its own expense with prior approval from Avista. The Lease Agreement also requires Mobius to develop, construct, and display at least three different educational programs per year in collaboration with Avista. Avista will have input into all exhibits and educational programs, and will have a permanent seat on the Mobius Board of Directors for the duration of the lease to ensure that Avista’s interests are represented. DOCKET UE-150715 PAGE 2 ORDER 01 4 Commission Staff reviewed the Lease Agreement and performed an onsite visit to the Post Street Annex. Staff finds that the Lease Agreement is reasonable, and recommends the Commission grant the Company’s petition to approve it. The Lease Agreement will allow Avista to form an educational partnership with Mobius and fulfill its hydro-dam relicensing requirements. In addition, the Post Street Annex is adjacent to the Monroe Street Hydroelectric Project, the Post Street Substation, Riverfront Park, Huntington Park, City of Spokane’s City Hall, and River Park Square. The location of the Post Street Annex will provide Mobius with a well-established and convenient venue where Avista’s educational materials will be available to a larger segment of both the Spokane community and the general public. DISCUSSION 5 We agree with Staff that Avista’s partnership with Mobius will benefit both parties, as well as the general public. Avista will fulfill its hydro-dam relicensing requirements, and Mobius will have a central location in downtown Spokane for its exhibits and educational programs. Though Mobius will pay a nominal rent of $1 per year, Avista will benefit from having the dedicated exhibition space, as well as the technical and professional expertise in designing and displaying the energy-related educational materials that Mobius will provide. Accordingly, we grant Avista’s petition and approve the Lease Agreement between Avista and Mobius. FINDINGS AND CONCLUSIONS 6 (1) The Washington Utilities and Transportation Commission is an agency of the State of Washington vested by statute with the authority to regulate rates, regulations, practices, accounts, securities, transfers of property, and affiliated interests of public service companies, including electric companies. 7 (2) Avista is a watern electric company and a public service company subject to Commission jurisdiction. 8 (3) This matter came before the Commission at its regularly scheduled meeting on July 30, 2015. DOCKET UE-150715 PAGE 3 ORDER 01 9 (4) On May 1, 2015, Avista filed a petition for an order approving the Lease Agreement between Avista and Mobius Science Center. 10 (5) Staff reviewed the Lease Agreement and found that its terms will benefit Avista, Mobius, and the general public. The agreement will allow Avista to fulfill its hydro-dam relicensing requirements to provide educational displays on the operations and environmental aspects of hydro power, and will provide Mobius with a central location in downtown Spokane for its exhibits and educational programs. 11 (6) After reviewing Avista’s petition and giving due consideration to all relevant matters and for good cause shown, the Commission finds it is consistent with the public interest to grant Avista’s petition and approve the Lease Agreement between Avista and Mobius. O R D E R THE COMMISSION ORDERS: 12 (1) Avista Corporation’s petition for approval of the lease agreement between Avista Corporation and Mobius Science Center is granted. 13 (2) The Commission retains jurisdiction over the subject matter and Avista Corporation to effectuate the terms of this Order. DOCKET UE-150715 PAGE 4 ORDER 01 DATED at Olympia, Washington, and effective July 30, 2015. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION DAVID W. DANNER, Chairman PHILIP B. JONES, Commissioner ANN RENDAHL, Commissioner BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION AVISTA CORPORATION’S -109-210 BACKGROUND 1 The Energy Independence Act (EIA or Act)1 requires qualifying electric utilities to obtain certain percentages of their electricity from eligible renewable resources. The Washington Utilities and Transportation Commission (Commission) enforces compliance with the EIA by investor-owned utilities.2 Ultimately, the Commission must determine “whether the utility has generated, acquired or arranged to acquire enough renewable energy credits or qualifying generation to comply with its renewable resource target.”3 2 The Commission has implemented these requirements by establishing a two-step compliance process.4 Because a utility may comply with its renewable portfolio standards (RPS) obligation by using RECs acquired in the year after the target year, ultimate compliance for 2015, for example, may be demonstrated as late as June 1, 2017. Accordingly, there will be two Commission decisions for each year’s compliance: (1) a determination that the Company has enough resources to meet the 3 percent target; and (2) the retrospective compliance decision. Before the Commission is the initial resource- adequacy filing made by Avista Corporation (Avista or Company) for its 2015 obligation. The Commission will consider Avista’s compliance with its 2015 target when Avista requests such a finding, which the Company must do through a filing in this docket no later than June 1, 2017. 1 RCW Chapter 19.285. 2 RCW 19.285.060(6). 3 WAC 480-109-210(3)(b). 4 WAC 480-109-210(1) and (6). DOCKET UE-151145 PAGE 2 ORDER 01 3 On March 13, 2015, the Commission adopted a new rule for implementation and enforcement of the EIA, which is codified at WAC 480-109. The new rule adopts RPS enforcement practices developed by the Commission since the Act was implemented in 2012 − including the two-step compliance process explained above − and created new reporting requirements. The rule made the following key changes to the RPS reporting process: x Requires registration of all resources used for RPS compliance in WREGIS (WAC 480-109-200(3)). x Formally incorporates the three methodologies that the Commission has accepted for calculating which portion of the output of upgraded hydropower facilities is eligible, incremental hydropower for RPS compliance (WAC 480-109-200(7)). x Requires calculation of the incremental cost of RPS compliance according to the Commission’s approved methodology (WAC 480-109-210(2)(a)). x Requires utilities that operate in more than one state to explain and document how they determined Washington’s allocation of renewable energy credits (RECs) (WAC 480-109-210(2)(e)). x Requires utilities that sell RECs to report the amount and proceeds of those sales (WAC 480-109-210(2)(f)). 4 On May 29, 2015, Avista filed with the Commission a compliance report under RCW 19.285.070 and WAC 480-109-210 (RPS Report). After Commission staff (Staff) identified deficiencies in the Company’s initial report, Avista filed a revised RPS Report on July 8, 2015, at Staff’s request. Based on the information that the Company provided in its revised report, Staff believes that Avista correctly calculated its 2015 RPS target, and that it has acquired sufficient resources to meet that target. Table 1, below, summarizes Avista’s 2015 target and the total amount of resources that the Company had acquired by January 1, 2015: Table 1: Avista’s 2015 Renewable Resource Target and Compliance Plan5 170,472 170,089 25,934 469,671 N/A 665,694 5 Table 1 includes the Company’s excess RECs from 2014, which could be applied to its 2015 target, and the Company’s projected 2015 generation from its hydro and wind facilities. While Avista sold its excess 2014 RECs, Table 1 illustrates the Company’s overall compliance before any sales were made. DOCKET UE-151145 PAGE 3 ORDER 01 5 Avista seeks an order from the Commission confirming that the Company has complied with the Commission’s EIA reporting requirements and accepting the Company’s calculations and eligibility of the renewable resources identified in the RPS Report for 2015. 6 On June 4, 2015, the Commission issued a Notice inviting interested persons to file written comments on Avista’s RPS Report. During the comment period, the Commission received written comments from Staff and joint written comments from Renewable Northwest and NW Energy Coalition (RNW/NWEC). RNW/NWEC expressed concern about the confusing presentation of Avista’s initial report, but praised the Company for meeting its target without relying on alternative compliance mechanisms, and doing so at a negative incremental cost. RNW/NWEC recommend that the Commission approve the RPS Report, but clarify that the initial report due each June 1 should report the Company’s target and compliance plan for that year. 7 Staff believes that Avista correctly calculated its 2015 RPS target, and that the Company has acquired sufficient resources to meet that target. 8 Staff recommends that the Commission issue an order in this docket determining: (1) The 2015 renewable energy target for Avista is 170,472 megawatt-hours; (2) Avista has complied with the June 1, 2015, reporting requirements; (3) Avista has demonstrated that, by January 1, 2015, the Company acquired at least 170,472 megawatt-hours of eligible renewable resources for its use in 2015; and (4) Avista must file a second report in this docket no later than June 1, 2017, that lists the certificate numbers in WREGIS for every megawatt-hour and renewable energy credit that Avista retired to meet the January 1, 2015, target. DISCUSSION 9 The Commission accepts Avista’s calculation of 170,472 megawatt-hours as the Company’s renewable energy target for 2015 and determines that Avista has identified sufficient resources to be able to meet that target. The Commission will make its final determination on whether Avista has met its 2015 target when the Company requests such a finding, which Avista must make in this docket no later than June 1, 2017. FINDINGS AND CONCLUSIONS 10 (1) The Washington Utilities and Transportation Commission is an agency of the state of Washington vested by statute with the authority to regulate the rates, DOCKET UE-151145 PAGE 4 ORDER 01 regulations, practices, and accounts of public service companies, including electric companies. 11 (2) Avista is an electrical company and a public service company subject to Commission jurisdiction. 12 (3) Avista serves more than 25,000 customers within the State of Washington and is a “qualifying utility” within the meaning of RCW 19.285.030(18). 13 (4) Avista has properly calculated its renewable energy target for 2015 to be 170,472 megawatt-hours. 14 (5) By January 1, 2015, Avista had acquired sufficient eligible renewable resources to supply at least 3 percent of its load for the remainder of 2015. 15 (6) Avista has met the reporting requirements of RCW 19.285.070 and WAC 480-109-210. These reporting requirements include Avista’s plan for meeting its RPS obligation for the remainder of 2015. 16 (7) Pursuant to WAC 480-109-210(4), Avista must provide a summary of its RPS Report to its customers, by bill insert or other suitable method, within ninety days of the date of this Order. 17 (8) Pursuant to WAC 480-109-210(6), Avista must file a report no later than June 1, 2017, that lists the certificate numbers in WREGIS for every megawatt-hour and renewable energy credit that Avista retired to meet the January 1, 2015, target. ORDER THE COMMISSION ORDERS: 18 (1) The Commission accepts the calculation of 170,472 megawatt-hours as the 2015 renewable energy target for Avista Corporation. 19 (2) Avista Corporation has identified eligible renewable resources sufficient to supply at least 3 percent of its load for 2015. 20 (3) Avista Corporation has complied with the June 1, 2015, reporting requirements pursuant to WAC 480-109-210. DOCKET UE-151145 PAGE 5 ORDER 01 21 (4) Avista Corporation must file a second report no later than June 1, 2017, that provides the information necessary to determine whether Avista Corporation met the 2015 renewable energy target of 170,472 megawatt-hours. 22 (5) The Commission Secretary is authorized to accept or approve a filing that complies with the requirements of this Order. DATED at Olympia, Washington, and effective July 30, 2015. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION DAVID W. DANNER, Chairman PHILIP B. JONES, Commissioner ANN E. RENDAHL, Commissioner BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION, Complainant, v. Respondent. 1 BACKGROUND 1 On May 29, 2015, Avista Corporation d/b/a Avista Utilities (Avista or Company) filed revisions to its electric demand side management (DSM) tariff, Schedule 91. The tariff revision updates rates for the recovery of conservation program expenditures, reflecting Avista’s prospective budget as documented in the supporting work papers for this filing and the company’s 2015 DSM Business Plan.1 The rate revisions also reflect a true up of the previous year’s expenditures and collections. 2 The Company proposes to reduce Schedule 91 rates by $3.1 million. A residential customer using 966 kWh will see an average monthly bill decrease of of $0.51, or 0.62 percent. The Company did not file a revision to its natural gas demand side management tariff, Schedule 191, because it determined that the current funding level is sufficient to support ongoing efforts. On July 28, 2015, the Company filed replacement tariff pages to address some of the issues identified by Commission staff (Staff), as described below. 3 Commission Staff Audit. On June 7, 2015, Staff performed an on-site audit of Avista’s conservation incentive and non-incentive expenditures. Prior to the on-site audit, Staff reviewed over 1000 expenditures, and selected 34 electric and natural gas line items for comprehensive on-site review, including: x Invoice dollar match to line-item expenditures; x Existence of proper supporting documentation for expenditures; x Appropriate Washington allocation of expenditures; x Overall appropriateness of expenditure; and 1 Avista Corp., Docket UE-132045 DOCKET UE-151148 PAGE 2 ORDER 01 x Presence of proper internal control mechanisms. 4 All line item expenditures were supported by invoices, and supporting documentation was provided upon request. All reviewed expenditures were found to be appropriately allocated to Washington. However, Staff discovered three issues that warrant further investigation and discussion. 5 First, Avista spent $2,500 to sponsor a Northwest Energy Coalition (NWEC) evening event entitled ‘Four under Forty,’ which honored four clean energy leaders under the age of 40 from the Pacific Northwest. In general, Staff supports including the costs for sponsorship events that specifically promote utility conservation programs and enhancement of trade ally networks. The Company has agreed to remove this expenditure and adjust the rider balance. 6 Second, Staff discovered a natural gas reimbursement of more than $300,000 that was misallocated to the Company’s electric program. The error occured when the conservation team worked with the utility accounting office to allocate an incoming invoice from a collaborative project with Washingto State University. The Company has provided documentation that demonstrates that the money has been applied to the natural gas program, however it still needs to refile Schedule 91 to account for the change in rates. 7 Opower Home Energy Reports. The third and most significant issue discovered by Staff is that Avista ceased issuing Opower Home Energy Reports in January 2015 due to technical difficulties related to its new billing system. The Company does not expect to resume issuing reports until at least the end of August 2015, resulting in a minimum service disruption of eight months. Staff is concerned about Avista continuing to pay Opower − and collecting more than $295,000 from its customers during the program outage − for a program it did not implement. Accordingly, Staff finds that the program was not used and useful. 8 Staff is also concerned about the long-term impact of program savings. Opower is designed as a three year program, with regularly-issued Home Energy Reports. The eight- month program disruption could have a negative impact on the program’s overall efficacy and savings potential. Avista failed to inform its Advisory Group about the lapse in service until May 1; yet, this is precisely the type of issue the Company should have brought to its Advisory Group for discussion. For each of these reasons, Staff finds that the Opower program disruption warrants further investigation. DOCKET UE-151148 PAGE 3 ORDER 01 9 Rates – Schedule 191 (Natural Gas). The Company proposes to leave current schedule 191 rates unchanged because they continue to support the ongoing natural gas portfolio. Based on the information provided at the time, Staff agreed that it was not necessary to modify rates if the rate change would be less than 0.1 percent of retail revenues, as shown in the draft work papers. The Company’s informal workpapers from June 2015 projected that the gas portfolio would be underfunded by $500,000 at the end of July.2 However, the Company’s July 2015 stakeholder newsletter indicates that the natural gas rider balance is underfunded by $1.2 million, a substantial one month increase.3 Staff is concerned that the natural gas portfolio could be underfunded, and that the tariff may need an adjustment. 10 Recommendation. For the reasons set forth above, Staff recommends the Commission issue a complaint and order suspending the tariff revisions. Because the revised rates will decrease monthly bills for customers, Staff also recommends allowing the rates to go into effect on a temporary basis, subject to revision. DISCUSSION AND DECISION 11 The Commission agrees that the issues raised by Staff warrant further attention and analysis. We also concur that allowing the decreased rates to go into effect on a temporary basis will benefit customers. Accordingly, we approve the proposed rates on a temporary basis, subject to revision, and suspend the tariff filing pending Staff’s investigation. FINDINGS AND CONCLUSIONS 12 (1) The Washington Utilities and Transportation Commission is an agency of the State of Washington vested by statute with the authority to regulate the rates, rules, regulations, practices, accounts, securities, transfers of property, and affiliated interests of public service companies, including electric companies. 13 (2) Avista is an electric company and a public service company subject to Commission jurisdiction. 2 Informal company work papers, provided via email, $516,042. 3 Avista Energy Efficiency Stakeholder Newsletter, July 2015, at page 3. DOCKET UE-151148 PAGE 4 ORDER 01 14 (3) This matter came before the Commission at its regularly scheduled meeting on July 30, 2015. 15 (4) The tariff revision Avista filed on May 29, 2015, as revised July 28, 2015, would decrease charges and rates for service provided by Avista. Such decreases, pending Commission Staff review, are in the public interest. 16 (5) Although Avista has not yet demonstrated that the tariff revisions would ultimately result in rates that are fair, just, reasonable, and sufficient, the Commission finds it reasonable to allow the rates to become effective, on a temporary basis, subject to revision. 17 (6) As authorized in RCW 80.04.130 and RCW 80.04.220, an investigation into this tariff filing is warranted, including an examination of Avista’s books, accounts, practices, and activities. 18 (6) Under RCW 80.04.130(4), Avista would bear the burden of proof to show that the proposed decreases are fair, just, reasonable, and sufficient in the event this matter were set for hearing. Nothing in this Order is intended to limit the issues as to the fairness, justness, reasonableness, and sufficiency of the proposed decreases. ORDER THE COMMISSION ORDERS: 19 (1) The tariff revision Avista Corporation filed in this docket on May 29, 2015, as revised July 28, 2015, is suspended. 20 (2) The rate decrease sought by Avista Corporation will become effective on August 1, 2015, on a temporary basis, subject to revision. 21 (3) The Commission may hold hearings at such times and places as may be required. 22 (4) Avista Corporation must not change or alter the tariffs filed in this docket during the suspension period, unless authorized by the Commission. 23 (5) The Commission will institute an investigation of Error! Reference source not found.’s books, accounts, practices, activities, and operations, as described in this Order. DOCKET UE-151148 PAGE 5 ORDER 01 DATED at Olympia, Washington, and effective July 30, 2015. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION DAVID W. DANNER, Chairman PHILIP B. JONES, Commissioner ANN E. RENDAHL, Commissioner BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Petition of AVISTA CORPORATION D/B/A AVISTA UTILITIES, 01 ATUTORY NOTICE BACKGROUND 1 On December 22, 2015, Avista Corporation d/b/a Avista Utilities, (Avista or Company) filed with the Washington Utilities and Transportation Commission (Commission) a revision to its currently effective Tariff WN U-28, designated as 11th Revision of Sheet 93, Power Cost Surcharge – Washington. The purpose of the filing is to align the expiration of the current Energy Recovery Mechanism (ERM) rebate with the effective date of the base rates to be established through Docket UE-150204. 2 RCW 80.28.060 and WAC 480-80-121 require thirty days’ notice to customers prior to the effective date of the tariff. Consistent with this requirement, the tariff sheet bears an effective date of January 22, 2016, but the Company requests that the revision become effective at the same time as the Commission’s determination of new base rates in Docket UE-150204, on less than statutory notice. This is anticipated to be January 11, 2016. Avista requests less than statutory notice to prevent two separate rate changes in a two week period. 3 The currently effective 10th revision of Sheet 93 states that “(t)he energy charges will be reduced for a twelve month period, from January 1, 2015 through December 31, 2015.” However, on December 21, 2015, Judge Friedlander advised the parties in Avista’s general rate case, Docket Nos. UE-150204 and UG-150205, that new base rates will not be implemented by January 1, 2016. Absent Commission action, the expiration of the ERM credit, and thus a rate increase, will occur less than two weeks prior to the statutory deadline of January 11, 2016, for the Commission to enter an order establishing new base rates. DOCKET UE-152406 PAGE 2 ORDER 01 DISCUSSION 4 The Commission agrees that the proposed tariff revision should become effective on less than statutory notice. The extension of the ERM rebate by, at most, 11 days properly aligns the rate change related to the expiration of the ERM rebate with the rate change related to the forthcoming Commission Order in Dockets UE-150204 and UG-150205 establishing new base rates. This alignment avoids Avista ratepayers having to experience two separate rate changes in a two-week period. FINDINGS AND CONCLUSIONS 5 (1) The Washington Utilities and Transportation Commission is an agency of the State of Washington vested by statute with the authority to regulate the rates, regulations, and practices of public service companies, including electric companies. 6 (2) Avista is an electric company and a public service company subject to Commission jurisdiction. 7 (3) Electric companies must provide 30 days’ notice of any changes to their rates, charges, or services. For good cause shown, however, the Commission may allow changes without requiring thirty days’ notice by order specifying the changes to be made and the time when the Order shall take effect. 8 (4) Avista reasonably requests less than statutory notice for its proposed extension of the expiration of its ERM rebate. 9 (5) This matter came before the Commission at its regularly scheduled meeting on December 30, 2015. 10 (6) After reviewing Avista’s proposed tariff revision filed on December 22, 2015, and giving due consideration to all relevant matters and for good cause shown, the Commission finds the proposed tariff revision should be allowed to become effective January 1, 2016. DOCKET UE-152406 PAGE 3 ORDER 01 O R D E R THE COMMISSION ORDERS: 11 (1) Avista Corporation d/b/a Avista Utilities’ request for less than statutory notice is granted. 12 (2) The tariff revision Avista Corporation d/b/a Avista Utilities filed on December 22, 2015, will be effective on January 1, 2016. The Commissioners, having determined this Order to be consistent with the public interest, directed the Secretary to enter this Order. DATED at Olympia, Washington, and effective December 30, 2015. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION STEVEN V. KING, Executive Director and Secretary BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION ’s ORDER 01 ORDER APPROVING AVISTA CORPORATION’S PIPE BACKGROUND 1 On December 31, 2012, the Utilities and Transportation Commission (Commission) issued its Policy on Accelerated Replacement of Pipeline Facilities with Elevated Risk (Policy Statement).1 As required by the Policy Statement, each investor-owned gas pipeline utility company filed a Master Plan for replacing pipe that represents an elevated risk of failure in 2013. 2 The Policy Statement also requires each investor-owned gas pipeline utility company to file a pipeline replacement plan (PRP) every two years for replacing pipe that represents an elevated risk of failure, beginning June 1, 2013.2 Each company’s plan must include:3 1) a Master Plan for replacing all facilities with an elevated risk of failure; 2) a Two-Year Plan that specifically identifies the pipe replacement program goals for the upcoming two year period; and, if applicable, 3) a Pipe Location Plan for identifying the location of pipe or facilities that present an elevated risk of failure. Each Plan must also: (1) target pipe or facilities that pose an elevated risk of failure; (2) be a measured and reasonable response in relation to the elevated risk without unduly 1 Docket UG-120715 (December 31, 2012). 2 Id. ¶ 43. Subsequent PRP filings should be filed by June 1 every two years thereafter (i.e., June 1, 2015, 2017, 2019, etc.). 3 Id. ¶ 42. DOCKET PG-160292 PAGE 2 ORDER 01 burdening ratepayers, and (3) be in the public interest.4 Finally, each Plan should contain a section analyzing its impact on rates.5 3 Companies seeking to recover costs must simultaneously file a proposed CRM with their Plan. The CRM must document costs invested to replace elevated-risk pipe, use a normalized accounting treatment, and include an operations and maintenance offset.6 4 On May 29, 2015, Avista Corporation (Avista or Company) filed with the Commission its “Two-Year Plan for Managing Select Pipe Replacement in Avista Utilities’ Natural Gas System” (2015 Two-Year Plan). The Company seeks an order from the Commission approving its 2015 Two-Year Plan. The expected level of capital investment each year was used to derive a corresponding revenue requirement, which was allocated by rate class to determine the level of rate impact for the customers in each class. Those years where costs are already included in rates will have no new incremental rate impact. 5 Avista identified three types of facilities located in Washington posing an elevated risk of failure: vintage Aldyl-A polyethylene mains,7 PE service piping where it transitions to rigid steel service tees, and isolated steel, which historically may mor may not have had adequate cathodic protection. 6 Avista’s 2015-2017 Two Year Plan is materially unchanged from its 2013-2015 Two Year Plan, so the Company was not required to file an updated Master Plan. Avista’s Plan also indicates that a Pipe Location Plan is not warranted because the Company knows where its elevated risk pipe is located. Because Avista classifies this pipe as higher risk pipe, this pipe is on a priority replacement schedule. 7 Commission Staff (Staff) reviewed the Company’s filing and concluded that Avista’s 2015 Two-Year Plan includes all items required by the Commission’s Policy Statement. Staff agrees that the Company has such a very small amount of unknown pipe in its system that a Pipe Location Plan is not required. Avista is on schedule to remediate identified elevated risk pipeline facilities according to their Plan filed on May 31, 2013. Overall, Staff finds that the Company’s 2015-2017 Two Year Plan is substantially 4 Id. ¶¶ 44-56. 5 Id. ¶ 55. 6 Id. ¶¶ 63-76. 7 Pre-1984 manufacture and pre-1987 installation mains, which are susceptible to slow crack growth. DOCKET PG-160292 PAGE 3 ORDER 01 unchanged from its initial 2013-2015 Two Year Plan, is consistent with the Commission’s Policy Statement, and adequately addresses all known elevated risk pipeline facilities in Washington. Accordingly, Staff recommends the Commission approve Avista’s 2015 Two-Year Plan. DISCUSSION 8 The Commission approves Avista’s 2015 Two-Year Plan. We agree with Staff that the Company’s 2015 Two-Year Plan is consistent with our Policy Statement. The Commission commends Avista for continuing its proactive approach to identifying elevated risk facilities and implementing a cost-efficient replacement program. FINDINGS AND CONCLUSIONS 9 (1) The Washington Utilities and Transportation Commission is an agency of the state of Washington vested by statute with the authority to regulate the rates, rules, regulations, and practices of public service companies, including natural gas companies. 10 (2) Avista Corporation is a natural gas company and a public service company subject to Commission jurisdiction. 11 (3) Avista Corporation filed its 2015 Pipeline Replacement Plan with the Commission on May 29, 2015. 12 (4) Avista’s 2015 Two-Year Plan is reasonable and measured approaches to replace pipeline facilities with an elevated risk of failure. ORDER THE COMMISSION ORDERS: 13 (1) Avista Corporation’s 2015 Two-Year Plan is approved. 14 (2) Avista Corporation should file an updated Pipeline Replacement Plan for 2017-19 no later than June 1, 2017. DOCKET PG-160292 PAGE 4 ORDER 01 DATED at Olympia, Washington, and effective April 7, 2016. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION DAVID W. DANNER, Chairman PHILIP B. JONES, Commissioner ANN E. RENDAHL, Commissioner Pipeline Safety Fees Air Liquide Large Industries U.S. LP 2.43 0.01% $45.91 178.50 1.00% $5,268.02 $5,313.93 Akzo Nobel Pulp and Performance Chemicals, Inc. 0.50 0.00% $9.45 35.00 0.20% $1,032.95 $1,042.39AltaGas Facilities (US) Inc. (Ferndale Storage Terminal)0.04 0.00% $0.76 72.50 0.41% $2,139.67 $2,140.43 Ferndale Pipeline System 36.20 0.14% $683.95 164.00 0.92% $4,840.09 $5,524.04 Avista Utilities Corporation 3431.42 13.74% $64,832.23 1169.20 6.54% $34,506.29 $99,338.51BP Pipelines North America (BP Cherry Point Refinery)10.00 0.04% $188.94 294.50 1.65% $8,691.50 $8,880.44 Cardinal FG 3.25 0.01% $61.40 99.50 0.56% $2,936.52 $2,997.92 Cascade Natural Gas Corporation 4802.21 19.23% $90,731.66 2862.40 16.00% $84,477.25 $175,208.90Ellensburg, City of 125.58 0.50% $2,372.58 191.50 1.07% $5,651.69 $8,024.27 Enumclaw, City of 94.68 0.38% $1,788.86 395.60 2.21% $11,675.24 $13,464.10 Exxon Mobil Oil Corporation 1.20 0.00% $22.67 55.50 0.31% $1,637.96 $1,660.63Gas Transmission Northwest LLC (TransCanada)308.67 1.24% $5,831.98 392.00 2.19% $11,568.99 $17,400.98 Georgia-Pacific Consumer Products (Camas) LLC 1.04 0.00% $19.65 159.50 0.89% $4,707.28 $4,726.93Inland Empire Paper Co. 3.00 0.01% $56.68 48.50 0.27% $1,431.37 $1,488.05 J.R. Simplot Company 1.00 0.00%$18.89 42.00 0.23% $1,239.53 $1,258.43 KB Pipeline Company 18.00 0.07%$340.09 216.00 1.21% $6,374.75 $6,714.84Lamb Weston/BSW 4.00 0.02% $75.57 66.50 0.37% $1,962.60 $2,038.17 McChord Pipeline Company 14.25 0.06% $269.24 369.00 2.06% $10,890.20 $11,159.43 Northwest Natural Gas Co. 1744.70 6.99% $32,963.89 793.50 4.44% $23,418.35 $56,382.24Northwest Pipeline LLC - (Williams)1307.64 5.24% $24,706.14 1225.70 6.85% $36,173.76 $60,879.90 Olympic Pipe Line Company - intrastate laterals and interstate 393.00 1.57% $7,425.24 1681.40 9.40% $49,622.71 $57,047.94 Phillips 66 Pipeline LLC (Yellowstone Pipeline - Spokane+Moses Lake) 129.00 0.52% $2,437.29 473.00 2.64% $13,959.52 $16,396.81Puget Sound Energy 12258.27 49.09%$231,604.34 3420.40 19.12% $100,945.35 $332,549.70 Puget Sound Energy - Jackson Prarie 15.40 0.06% $290.96 138.50 0.77% $4,087.51 $4,378.48 Puget Sound Energy - Sumas Gas Pipeline 3.64 0.01% $68.77 187.50 1.05% $5,533.64 $5,602.41Solvay Chemical, Inc. 1.00 0.00%$18.89 234.50 1.31% $6,920.74 $6,939.63 Swissport Fueling, Inc. 0.09 0.00% $1.61 87.50 0.49% $2,582.36 $2,583.97Targa Sound Terminal LLC 2.70 0.01%$51.01 416.50 2.33% $12,292.05 $12,343.07 Tesoro Logistics Northwest Pipeline LLC 176.70 0.71% $3,338.52 1109.00 6.20% $32,729.62 $36,068.14 Tidewater, Inc. 6.98 0.03% $131.95 377.70 2.11% $11,146.96 $11,278.91Trans Mountain Pipeline (Puget Sound) LLC (Kinder Morgan Canada)63.80 0.26% $1,205.42 331.00 1.85% $9,768.71 $10,974.13 Weyerhaeuser Company 9.00 0.04%$170.04 91.50 0.51% $2,700.42 $2,870.46 Williams Partners Operating LLC 0.00 0.00% $0.00 507.30 2.84% $14,971.81 $14,971.81 100.00%$471,764.60 17,886.70 100.00%$527,885.40 $999,650.00 Total Program Cost 2,358,823.00 Less Federal Reimbursement Credit 1,352,173.00 Less Damage Prevention Penalty Collection (CY2013 & 2014) 7,000.00 Net Program 999,650.00 Overhead Cost distributed based on miles $471,764.60 Program Cost distributed based on hours $527,885.40 LDC Transfer $663,479.36 Fees to be billed $336,170.64 Total fees for 2015/2016 $999,650.00 Company MILES HOURS BEFORE THE WASHINGTON STATE UTILITIES AND TRANSPORTATION COMMISSION FOR 16 BACKGROUND 1 The Commission imposes an annual pipeline safety fee pursuant to RCW 80.24.060 and RCW 81.24.090 to meet the costs of its pipeline safety program. RCW 80.24.060(1) requires that every gas company and every interstate gas pipeline company subject to inspection or enforcement by the Commission must pay an annual pipeline safety fee to the Commission. RCW 81.24.090(1) requires that every hazardous liquid pipeline company as defined in RCW 81.88.010 must pay an annual pipeline safety fee to the Commission. The fee is determined by the fee methodology established in WAC 480-93-240 (gas) and WAC 480-75-240 (hazardous liquid). 2 The fees set by the Commission are paid quarterly, beginning September 1 of each year. In accordance with WAC 480-93-240 (4) and WAC 480-75-240 (4), the Commission mailed invoices to each company on August 1, 2015 showing the total amount of the pipeline fee for fiscal year 2016, and the first quarterly payment amount due September 1, 2015. FINDINGS OF FACT 3 (1) The Commission has determined each company’s fiscal 2016 fee pursuant to RCW 80.24.060 and WAC 480-93-240 (gas pipeline companies and interstate gas pipeline companies), and RCW 81.24.090 and WAC 480-75-240 (hazardous liquid pipeline companies). 4 (2) The Commission deducts from the total program cost ($2,358,823) the federal funding amount ($1,352,173) the Commission received from the Federal DOCKET P-150462 PAGE 2 ORDER 01 Department of Transportation Natural Gas Pipeline and Hazardous Liquid Pipeline Safety Program base grants, and the damage prevention penalty collection amount ($7,000) the Commission received during calendar year 2013 and 2014. 5 (3) Third, the Commission allocates overhead cost ($471,764.60) to the pipeline program based on each company’s percentage of the total pipeline miles within Washington State. 6 (4) Fourth, the Commission allocates the total remaining program cost ($527,885.40) to each company based on the proportion of a company’s share of the program staff hours that are directly attributable to each pipeline company. The Commission determines each company’s hours by dividing the total hours directly attributable to the company during the two preceding calendar years by the total of directly attributable hours for all companies over the same period. 7 (5) The total fiscal year 2016 fee for each company is the sum of each company’s directly assigned overhead cost, plus the cost based on the percentage of company’s hours. The Commission divides the fee by four to determine each company’s quarterly payment that is due and payable beginning September 1, 2015. 8 (6) The Commission has considered all monies on hand, the fees currently to be paid, and other anticipated revenues and credits, and enters this Order to establish the fiscal year 2016 pipeline safety fee. One quarter of each company’s pipeline safety fee will be due and payable no later than September 1, 2015. The remaining quarterly amounts will be due and payable on or before December 1, 2015, March 1, 2016, and June 1, 2016. 9 (7) The Commission attaches to this Order as Exhibit A, the master sheet showing the calculation of the fiscal year 2016 pipeline safety fee. The calculations shown on Exhibit A are appropriate. The Commission includes with each order served on a company subject to the payment of fees a statement of the payment due September 1, 2015. CONCLUSIONS OF LAW 10 (1) The Commission has jurisdiction under RCW 80.24.060 and RCW 81.24.090 to establish pipeline safety fees. DOCKET P-150462 PAGE 3 ORDER 01 11 (2) The pipeline safety fees calculated as described in this Order and shown on Exhibit A are in compliance with RCW 80.24.060 and RCW 81.24.090, and correctly apply the methodology set forth in WAC 480-93-240 and WAC 480-75-240. O R D E R THE COMMISSION ORDERS: 12 (1) The pipeline safety fees to be paid to the Commission for fiscal year 2016 (the period July 1, 2015, through June 30, 2016) under the provisions of RCW 80.24.060 and RCW 81.24.090, and the fee methodology in WAC 480-93-240 and WAC 480-75-240, are established as set out in Exhibit A, attached to this Order. 13 (2) The fees are payable in quarterly installments according to WAC 480-93-240 and WAC 480-75-240, due and payable on or before September 1, 2015; December 1, 2015; March 1, 2016; and June 1, 2016. 14 (3) Pursuant to RCW 80.24.060(7) and RCW 81.24.090(7), any entity seeking to contest the imposition of the fees established by this Order must pay the fee and request a refund within six months of the due date of the fee. The procedures are described in WAC 480-93-240(6) and WAC 480-75-240(6). The Commissioners, having determined the fee for 2016, directed the Executive Director and Secretary to issue this Order. DATED at Olympia, Washington, and effective August 27, 2015. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION STEVEN V. KING, Executive Director and Secretary