HomeMy WebLinkAbout20260908Decision Memo.pdf DECISION MEMORANDUM
TO: COMMISSIONER LODGE
COMMISSIONER HAMMOND
COMMISSIONER HARDIE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: KEVIN MAXWELL, COMMISSION STAFF
KELSEA E. ROSS, DEPUTY ATTORNEY GENERAL
DATE: SEPTEMBER 8, 2026
SUBJECT: IN THE MATTER OF AVISTA CORPORATION—TARIFF ADVICE—
FRANCHISE FEE—PROPOSED REVISIONS TO SHEET 158—CITY OF
BOVILL; CASE NO. AVU-TAG-26-02.
On August 3, 2026, Avista Corporation d/b/a Avista Utilities ("Company") filed with the
Idaho Public Utilities Commission("Commission")Tariff Advice No. AVU-TAG-26-02 to revise
Schedule 158 (Tax Adjustment Schedule — Idaho) ("Schedule No. 158") to reflect a new one
percent franchise fee imposed on gross revenue from the sale of natural gas to customers within
the corporate limits of the City of Bovill ("City"). Tariff Advice at 1. A copy of the proposed
revision to Schedule 158 is attached. See Attachment A.
Idaho Code § 50-329A allows cities to establish franchise fees assessed upon a public
service provider up to one percent without consent of the public service provider or the approval
of a majority of voters on the question at an election. Franchise fees up to three percent are allowed
with "the consent of the public service provider or the approval of a majority of voters of the city
voting on"the question at an election. Id.
STAFF ANALYSIS
Staff reviewed the proposed tariff change,the franchise fee agreement, City Ordinance No.
2026-02, and the franchise fee requirements of Idaho Code § 50-329A. The Company is
requesting an effective date of October 1, 2026, and the increase will result in an annual revenue
of$600. Tariff Advice at 1. An end date was not found in City Ordinance No. 2026-02;therefore,
Staff believes the franchise fee agreement will remain in effect unless amended in the manner set
DECISION MEMORANDUM - 1 - SEPTEMBER 8, 2026
forth by the terms of the ordinance. The proposed franchise fee agreement was accepted by the
Company and approved by the City on July 13, 2026. City Ordinance No. 2026-02 at 2.
RECOMMENDATION
Staff recommends that the Commission accept the Company's proposed revision to
Schedule No. 158 as filed, effective October 1, 2026.
COMMISSION DECISION
Does the Commission wish to accept the Company's proposed revision to Schedule No.
158, as filed, effective October 1, 2026?
Kevin Maxwell
Commission Staff
I:\Utility\UDMEMOS\AVU-TAG-26-02 Decision Memo.docx
DECISION MEMORANDUM - 2 - SEPTEMBER 8, 2026
ATTACHMENT A
Case No. AVU-TAG-26-02
Decision Memo
September 8, 2026
Fourteenth Thirteenth Revision Sheet 158
Canceling
I.P.U.C. No.27 Thirteenth Twelfth Revision Sheet 158
AVISTA CORPORATION
d/b/a Avista Utilities
SCHEDULE 158
TAX ADJUSTMENT SCHEDULE - IDAHO
The rate schedule of the Company for natural gas service furnished in Idaho do not include
any portion of municipal occupation, business, excise or use of the streets, taxes or charges. In order
to reimburse the Company for such taxes or charges, amounts equivalent to such taxes or charges
where now imposed, or which may hereafter be imposed, will be billed by the Company to its
customers as set forth below.
APPLICABLE:
To all charges for natural gas service rendered pursuant to this tariff within the jurisdiction
imposing a tax or charge, as provided in Rule 3 of the Rules and Regulations included in this tariff.
TAX ADJUSTMENT:
The rates and charges named in this tariff shall be proportionately increased by an adjustment
equivalent to the amount of the tax or charge imposed by the jurisdiction and effective as listed below:
Idaho Municipality Ordinance Date Ordinance Effective Charge'
Village of Bonners Ferry Ord. No. 209 July 2, 1963 3%franchise fee
City of Bovill Ord No. 2026-02 October 1 2026 1% franchise fee
City of Coeur d'Alene Ord. No. 2518 July 1, 1993 5%franchise fee
City of Dalton Gardens Ord. No. 168 February 1, 2005 1% Franchise fee
as amended by Ord. No. 171
City of Deary Ord. No.405 January 1, 2026 1%franchise fee
City of Dover Ord. No. 53 October 1, 2000 1%franchise fee
City of Fernan Lake Village Res. No. 196 Ord, No. 167 March 1, 2024 1%franchise fee
City of Hauser Ord. No. 111 May 1, 1999 1% franchise fee
City of Hayden Ord. No. 392 October 1, 2005 1%franchise fee
City of Hayden Lake Ord. No. 125 January 1, 1995 3% franchise fee
as amended by Ord. No. 131
City of Kellogg Ord. No. 556 March 1, 2026 3%franchise fee
as amended by Ord. No. 643
City of Kootenai Ord. No. 112 August 1, 1996 1%franchise fee
City of Lewiston Ord. No.4256 January 1, 2000 1% franchise fee
City of Moscow Ord. No.2006-06 June, 1 2006 3%franchise fee
City of Mullan Ord. No. 309A May 1, 1997 1%franchise fee
City of Osburn Ord. No. 297 February 1, 2020 1%franchise fee
City of Pinehurst Ord. No. 2022-239 July 1, 2022 1%franchise fee
City of Ponderay Ord. No. 3-17 November 1, 1996 1%franchise fee
City of Post Falls Ord. No. 1015 March 1, 2003 1%franchise fee
City of Rathdrum Ord. No. 377 November 1, 1996 1%franchise fee
City of Sandpoint Ord. No. 1076 March 1, 2003 1%franchise fee
City of Spirit Lake Ord. No. 510 December 1, 2007 1% franchise fee
City of Wallace Ord. No. 95-07 January 1, 1996 1%franchise fee
*Federal hills excluded
Issued August 3 January 28, 2026 Effective October 1 March 1, 2026
Issued by Avista Utilities
Patrick Ehrbar, Director of Regulatory Affairs
Fourteenth Revision Sheet 158
Canceling
I.P.U.C. No.27 Thirteenth Revision Sheet 158
AVISTA CORPORATION
d/b/a Avista Utilities
SCHEDULE 158
TAX ADJUSTMENT SCHEDULE - IDAHO
The rate schedule of the Company for natural gas service furnished in Idaho do not include
any portion of municipal occupation, business, excise or use of the streets, taxes or charges. In order
to reimburse the Company for such taxes or charges, amounts equivalent to such taxes or charges
where now imposed, or which may hereafter be imposed. will be billed by the Company to its
customers as set forth below.
APPLICABLE:
To all charges for natural gas service rendered pursuant to this tariff within the jurisdiction
imposing a tax or charge, as provided in Rule 3 of the Rules and Regulations included in this tariff.
TAX ADJUSTMENT:
The rates and charges named in this tariff shall be proportionately increased by an adjustment
equivalent to the amount of the tax or charge imposed by the jurisdiction and effective as listed below:
Idaho Municipality Ordinance Date Ordinance Effective Charge*
Village of Bonners Ferry Ord. No. 209 July 2, 1963 3%franchise fee
City of Bovill Ord No. 2026-02 October 1, 2026 1%franchise fee
City of Coeur d'Alene Ord. No. 2518 July 1, 1993 5%franchise fee
City of Dalton Gardens Ord. No. 168 February 1, 2005 1% Franchise fee
as amended by Ord. No. 171
City of Deary Ord. No.405 January 1, 2026 1%franchise fee
City of Dover Ord. No. 53 October 1, 2000 1%franchise fee
City of Fernan Lake Village Res. No. 196 Ord. No. 167 March 1, 2024 1%franchise fee
City of Hauser Ord. No. 111 May 1, 1999 1%franchise fee
City of Hayden Ord. No. 392 October 1, 2005 1%franchise fee
City of Hayden Lake Ord. No. 125 January 1, 1995 3%franchise fee
as amended by Ord. No. 131
City of Kellogg Ord. No. 556 March 1, 2026 3%franchise fee
as amended by Ord. No. 643
City of Kootenai Ord. No. 112 August 1, 1996 1%franchise fee
City of Lewiston Ord. No.4256 January 1, 2000 1%franchise fee
City of Moscow Ord. No.2006-06 June, 1 2006 3%franchise fee
City of Mullan Ord. No. 309A May 1, 1997 1%franchise fee
City ofOsburn Ord. No. 297 February 1, 2020 1%franchise fee
City of Pinehurst Ord. No. 2022-239 July 1, 2022 1%franchise fee
City of Ponderay Ord. No. 3-17 November 1. 1996 1%franchise fee
City of Post Falls Ord. No. 1015 March 1, 2003 1%franchise fee
City of Rathdrum Ord. No. 377 November 1, 1996 1%franchise fee
City of Sandpoint Ord. No. 1076 March 1, 2003 1%franchise fee
City of Spirit Lake Ord. No. 510 December 1, 2007 1%franchise fee
City of Wallace Ord. No. 95-07 January 1, 1996 1%franchise fee
*Federal hills csduded
Issued August 3, 2026 Effective October 1, 2026
Issued by Avista Utilities
Patrick Ehrbar, Director of Regulatory Affairs