20031015_644.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
WORKING FILE
FROM:KEITH HESSING
DATE:OCTOBER 6, 2003
RE:VISTA - CITY OF POTLATCH 1 % ELECTRIC FRANCHISE FEE
On September 29 2003, Avista Corporation filed a Tariff Advice with the Commission
requesting an increase in electric rates within the City of Potlatch. The increase would allow
Avista to recover a 1 % franchise fee that Avista is required to pay the city beginning November
2003. The franchise fee was imposed on Avista by city Ordinance No. 432 passed and
approved August 25 2003. The Company s filing is attached to this Decision Memorandum.
COMMISSION DECISION
The Staff recommends that Schedule 58 be accepted for filing with an effective date of
November 1, 2003 as proposed by the Company. Does the Commission agree?
KHESSING/AvistalPotiatch City Franchise Fee
DECISION MEMORANDUM AUGUST 13, 2003
Avilta Corp.
1411 EaltMiaion PO Box37Z7
SpOkane. Washington 9923).3721
Telephone !iI&48!HI5OO
Toll Free 1DI-727-9170 ~~JV'STA.
COrp.
September 29, 2003
State of Idaho
Idaho Public Utilities Commission
472 W Washington Street
Boise, ID 83702
Attention: Ms. Jean D. Jewell, Secretary
Advice No. E-O2-O3
RE: Tariff IPUC No. 28. Electric Service
Enclosed for filing with your Commission is an electronic copy of the Company s proposed revisions to
the following tariff sheet:
Seventh Revision Sheet 58 Canceling Sixth Revision Sheet 58
Pursuant to the Commission s Electronic Filings Pilot the Company is filing this material only in
electronic format in accordance with the revised Electronic Filings Project User s Manual.
The purpose of this filing is to pass through a new franchise fee of 1 % imposed on gross revenues from
the sale, transmission, and/or distribution of electrical power to customers within the City of Potlatch as
specified by Ordinance No. 432. The fee becomes effective on November 1, 2003 and is estimated to
increase annual revenues by at most $5,500.
The Company provides electrical s~rvice to at most 434 residential, 80 commercial and 2 industrial
customers in the City of Potlatch. The Company is in the process of identifying any of these area
customers who may be outside the city limits.
The Company requests that the Commission approve the proposed tariff changes included in this filing
to be effective November 1, 2003. Enclosed are copies of the pertinent city ordinance, as well as a
Notice of Tariff Change" which will be posted in the Company s Idaho offices coincident with the date
of this filing.
Questions or comments regarding this filing should be directed to Tara Knox at [phone].
Sincerely,
?4lk Ak~
Kelly Norw
Vice President, Rates & Regulation
Enclosures
TLK
A VISTA CORPORATION
DBA A VISTA UTll.JTIES
NOTICE OF TARIFF CHANGE
(Electric Service Only)
-----------------------
Notice is hereby given that the "Sheet" listed below of Tariff IPUC No. 28, covering electric
service, has been filed with the Idaho Public Utilities Commission in Boise, Idaho:
Seventh Revision Sheet 58 Canceling Sixth Revision Sheet 58
The purpose of this filing is to pass through a new franchise fee of 1 % imposed on gross
revenues from the sale, transmission, and/or distribution of electrical power to customers
within the City of Potlatch as specified by Ordinance No. 432. The fee becomes effective
on November 1, 2003 and is estimated to increase annual revenues by at most $5,500.
Copies of the proposed tariff changes are available for inspection in the Company s offices.
Issue Date:
Keep Posted Until:
September 29, 2003
November 1, 2003
Seventh Revision Sheet 58
Canceling
Sixth Revision Sheet 58
AVISTA CORPORATION
d/b/a Avista Utilities
I.P.C. No.
SCHEDULE 58
TAX ADJUSTMENT SCHEDULE - IDAHO
The rate schedules of the Company for electric 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 electric 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 Munic Dal
City of Coeur d'Alene
City of Dover
City of Hayden Lake
City of Kamiah
City of Kootenai
City of Lapwai
City of Lewiston
City of Moscow
City of Mullan
City of Orofino
City of Osburn
City of Pierce
City of Ponderay
City of Post Falls
City of Potlatch
City of Sandpoint
City of St. Maries
City of Wallace
City of Worley
Federal bills excluded
Ord ance o Resolut
Ord. No. 2517
Ord. No. 54
Ord. No. 148
Ord. No. 97-
Ord. No. 113
Ord. No. 300
Ord. No. 4256
Ord. No. 98-
Ord. No. 310A
Ord. No. 707
Ord. No. 234
Res. No. 136
Ord. No. 3-
Res. No. 2002.17
Ord. No. 432
Ord. No. 998
Ord No. 598A
Ord. No. 95.
Ord. No. 163
Issued September 29, 2003
Date Ord ce Effecti
July 1,1993
October 1, 2000
June 1, 1998
January 1, 1997
August 1, 1996
January 1, 2001
January 1 , 2000
November 1,1998
May 1,1997
January 11, 2002
June 1, 2001
May 1,1999
November 1,1996
June 1, 2002
November 1, 2003
July 1,1997
July 1,1996
January 1,1996
February 2,1987
arge
5% franchise fee
1 % franchise fee
1% franchise fee
1 % franchise fee
1% franchise fee
1 % franchise fee
1 % franchise fee
1% franchise fee
1 % franchise fee
3% franchise fee
1% franchise fee
1 % franchise fee
1% franchise fee
1 % franchise fee
1% franchise fee
1% franchise fee
1 % franchise fee
1 % franchise fee
3% franchise fee
Effective November 1, 2003
Issued by Avista Utilities
/11m... .",dt"y Norwood
Vice President, Rates & Regulation
Seventh Revision Sheet 58
Canceling
Sixth Revision Sheet 58
AVISTA CORPORATION
d/b/a Avista Utilities
C. No.
SCHEDULE 58
TAX ADJUSTMENT SCHEDULE - IDAHO
The rate schedules of the Company for electric 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 electric 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 MuniciDalitv
City of Coeur d' Alene
City of Dover
City of Hayden lake
City of Kamiah
City of Kootenai
City of Lapwai
City of lewiston
City of Moscow
City of Mullan
City of Orofino
City of Osburn
City of Pierce
City of Ponderay
City of Post Falls
City of Potlatch
City of Sandpoint
City of St. Maries
City of Wallace
City of Worley
Federal bills excluded
dinance or Reso utio
Ord. No. 2517
Ord. No. 54
Ord. No. 148
Ord. No. 97-
Ord. No. 113
Ord. No. 300
Ord. No. 4256
Ord. No. 98-31
Orc!. No. 310A
Ord. No. 707
Ord. No. 234
Res. No. 136
Ord. No. 3.
Res. No. 2002-
Ord. No. 432
Ord. No. 998
Ord No. 598A
Ord. No. 95-07
Ord. No. 163
Issued September 29, 2003
Date Ordi ance E ect
July 1,1993
October 1 , 2000
June 1,1998
January 1, 1997
August 1, 1996
January 1, 2001
January 1, 2000
November 1, 1998
May 1, 1997
January 11, 2002
June 1, 2001
May 1 1999
November 1, 1996
June 1, 2002
November . 2003
July 1,1997
July 1,1996
January 1,1996
February 2, 1987
Charae
5% franchise fee
1% franchise fee
1 % franchise fee
1% franchise fee
1 % franchise fee
1% franchise fee
1 % franchise fee
1% franchise fee
1 % franchise fee
3% franchise fee
1 % franchise fee
1% franchise fee
1 % franchise fee
1 % franchise fee
1 % f anc
1 % franchise fee
1% franchise fee
1 % franchise fee
3% franchise fee
Effective November 1, 2003
Avista Utilities
Kelly Norwood
"'" ~ ",
-=J
Issued by
Vice President, Rates & Regulation
. -
ORDINANCE NO. t/ 3 L
AN ORDINANCE TO THE CITY OF POTLATCH, A MUNICIPAL CORPORATION OF THE
STATE OF IDAHO, GRANTING A TEN YEAR FRANCHISE TO AViSTA CORPORATION, FOR
THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF ELECTRIC FACILITIES
WITHIN THE CITY OF POTLATCH: PROVIDING AN EFFECTIVE DATE;
WHEREAS, Avista Corporation, a corporation o~anized under the laws of the State of
Washington (hereinafter referred to as "Granteej, has heretofore filed with the City of Potlatch,
State of Idaho, (hereinafter referred to as "Grantor" or the "Cityj its written application for a
Franchise to locate, construct, operate and maintain poles, wires, underground cables and
appurtenances over, under, along and across all of Grantor's rights of way and public proper:tY in
the City of Potlatch, State of Idaho: and
WHEREAS, the Grantor duly fixed the time and place for hearing said application and
due and timely notice of said hearing on such application was given pursuant to statute and
ordinance, and hearing on said application having been held as prescribed by law, and the
Grantor having been fully advised in the premises and having determined that it is in the public
interest to grant such Franchise in the manner herein set forth: and
WHEREAS, Grantee Is engaged in the business of providing utility services to customers
consistent with applicable laws and regulations, and Grantor has determined It Is in the interest of
persons and businesses in this jurisdiction to have access to Grantees services:
NOW, THEREFORE, IT IS ORDERED, that Avista Corporation, its successo~ and
assigns, Is hereby granted a Franchise for the purposes identified below and subject to the
following terms and conditions:
I. GRANT
Grantor hereby grants to Grantee, its successo~ and assigns, the right, power, privilege
and authority to enter upon all roads, rights of way. streets, alleys, public places or structures
lying within the boundaries of Grantor and owned or maintained by Grantor, to locate, construct,
operate and maintain poles, wires, underground cables and all necessary or desirable
appurtenances for the purpose of transmitting and distributing electricity. This Franchise shall
allow for the placement. of such facilities as may be necessary to provide service within the City
and surrounding areas.
II. TERM
The rights, privileges and franchise hereby granted to, and conferred upon the Grantee
shall, unless this Franchise be sooner terminated as herein provided. extend for a term of ten (10)
years from the date of written acceptance hereof by Grantee, which acceptance shall occur no
later than thirty (30) days following the approval of this Franchise by Grantor. Grantee shaD
provide Grantor ninety (90) days written notice in advance of the expiration date of the tennof
this Franchise allowing Grantor to review franchise for any alterations. If both parties do not
desire to make any changes to the franchise doCl.lment, this Franchise will then automatically
renew for an additional ten (10) year period from the expiration of the initial term.
III. TRIMMINGIREMOV AL OF TREES
The right of Grantee to maintain its lines, facilities and appurtenances shall include the
right, as exercised in Grantee s sole discretion, to utilize an integrated vegetation management
program, including the right to cut., trim or remove any and all trees, brush or shrubs growing in,
on, or hanging over any City roads, rights of way, streets, aHeys or City property that interfere with
or may interfere with Grantee s facilities, including wires, poles, conduits or other apparatus of
Grantee, itS successors and assigns. Such work shall be done under the direction of a licensed
arborist and in compliance with the Grantor's tree ordinance.
IV. RIGHT OF EXCAVATION
For the purpose of carrying into effect the privileges granted hereunder, Grantee is
authorized at any time to make all necessary excavations in the streets, alleys, roads, rights-Of .
way and public grounds within the franchised area, but such excavation shall be earned out with
reasonable dispatch and with as liWe interference with or inconvenience to the rights of the public
as may be feasible. Grantee shall restore all traveled surfaces and compact all ditches over and
under streets, alleys, roads, rights of way and public grounds to a standard as agreed upon for
conditions of safety and use after excavation. Grantee will be responsible for replacing failed
asphalt patches for a period of one year. In case any obstruction caused by Grantee shall remain
longer than seven (7) days after notice to remove it. or in case of neglect by Grantee to safeguard
any dangerous places, Grantor may remove such obstruction or safeguard such dangerous
places at the expense of the Grantee.
V. NON..JNTERFERENCE WITH EXISTING FACILmES
All construction, installation. repair or relocation of lines and appurtenances perfonned by
Grantee along or under the roads, rights of way or properties subject to this Franchise shall be
done in such a manner as not to interfere with the construction and maintenance of other utilities,
public or private, drains, drainage ditches and structures, inigation ditches and structures located
therein, nor with the grading or improvement of such roads, rights of way or other public property
subject to this Franchise.
VI. NECESSARY CONSTRUCTlONJMAINTENANCE BY GRANTOR
The laying, construction, operation and maintenance of ~rantee Ones and
appurtenances authorized by this Franchise shall not preclude the Grantor, its agents or its
contractors, from blasting, grading, excavating, or doing other necessary road work contiguous to
the said nnes and facilities of Grantee, provided that Grantee shall be given not 1es5 than five (5)
days' notice of said blasting or other work, and provided further that the Grantor, its agents and
contractors, if negligen~ shall be liable for any damages to the extent of Its liability under the
Idaho Tort Claims Act, including any consequential damages to third parties, caused by said work
to any installations belonging to Grantee.
VII. CONDUCT OF GRANTEE'S BUSINESS
The Grantor shall have the right to make and enforce reasonable rules and regulations
pertaining to the conduct of the Grantees business. Service shall be supplied to the Grantor and
its inhabitants In accordance with the Grantee s rules and regulations and tariffs filed or hereafter
filed with the appropriate regulatory body of this State having jurisdiction over the Grantee.
VIII. RIGHTS OF INGRESSIEGRESS
The Grantor shall not interfere with the right of Grantee, its agents and employees power
of ingress and egress upon its customers' properties for the purpose of installing, servicing and
maintaining its facilities, including the testing and reading of service meters.
IX. VACATION OF PROPERTIES BY GRANTOR
If, at any time, the Grantor shaD vacate any road, right of way or other public property
which Is subject to rights granted by this Franchise, to the extent pennitted by law, such vacation
shall be subject to the reservation of a perpetual easement in favor of Grantor for the purpose of
operating and maintaining the facilities of the Grantee and other public utilities. Such ease~ent
shall also expressly prohibit any use of the vacated properties which will interfere with Grantor's
ability to provide Grantee s full enjoyment of its rights under this Franchise. Grantor shall also
continue to pennit Grantee to operate and maintain its faCIlities in or on the vacated property
consistent with and subject to this Franchise.
X. RELOCATION OF FACILmES
Grantor shall notify Grantee of any intended or expected requirement or request to
relocate Grantee s facilities as early as practicable, but not later than 90 days prior to any such
relocation when the requirement or request reasonably could have been foreseen by that date.
If notice is given less than 30 days prior to any such work, the Grantor will pay the excess costs
created by the unscheduled work, including if necessary contractor overheads and expenses
related to providing timely relocation. Grantor shall endeavor to cause any such relocation to be
consistent with any applicable long-teRn development plan or projection ot Grantor or approved
by Grantor. If, at any time. the Grantor shall cause or require the alteration or the improvement
(the Rlmprovementj of any road, highway or right-ot-way wherein Grantee maintains facilities
subject to this franchise by grading or re-grading, planking or paving the same, changing the
grade, altering, changing, repairing or relocating the same or by constructing drainage or sanitary
sewer facilities, the Grantee upon written notice trom the Grantor shall, with all diligent speed.
change the location or readjust the elevation of Its system and other tacilities so that the same
shall not interfere with such work and so that such equipment and facilities shall conform to such
new grades or routes as may be established. The relocation of Grantee s facilities anywhere
within the public right-of-way shall be at the sole expense of Grantee unless: (1) the Improvement
was not paid for solely by public funds, in which case the Grantor agrees to make reasonable
efforts to facilitate an agreement between the adjoining and/or affected property owners or
developers to pay for the costs of relocation; or (2) Grantor has failed to provide the required
advance notice, in which case any and all increased costs caused by the failure to provide such
notice shall be paid by Grantor, or (3) the required move forces Grantee .off public right-of-way, in
which case Grantor will provide for proper easement or right-of-way to accommodate said
relocation.
XI. PRESERVATION OF GRANTOR'S RIGHTS TO CONTROL
The Grantor, in granting this Franchise, does not waive any rights which it may now have
or may hereafter acquire with respect to road rights of way Dr other property of Grantor under this
Franchise, and this Franchise shall not be construed to deprive the Grantor of any such pQWers,
rights or privileges which it now has or may hereafter acquire to regulate the use of and to control
the Grantor's roads, rights of way and other public property covered by this Franchise.
XII. UNDERGROUNDING OF FACIUTIES
Grantor, subject to applicable laws, rules, regulations and tariffs, may direct Grantee to
Install (or relocate from above ground to below ground) wires, transformers or other apparatus for
the distribution of electricity underground, after a finding by Grantor, with Grantee s concurrence,
that such installation is feasible, practical and required for the public interest, safety and
convenience. The "excess cost" of such installation or relocation of existing facilities to provide
for underground service shall be borne and paid by the Grantor or other party requesting or
benefiting from the same, subject to law and such rules, regulations, and tariffs as the appropriate
state regulatory agency may prescribe or approve.
XIII. EMERGENCY REMOVAL BY GRANTOR
The Grantor reserves the right to remove any such wires, poles, or apparatus ("Grantee
facilitie$j herein provided for In case of general conflagration or in other cases of extreme
emergency where there is neither the time nor the opportunity for Grantee to perform such work.
Grantor shall use reasonable care in the exercise of such emergency powers. Grantor shall
indemnify and hold harmless the Grantee, its successors and assigns, against any and all
property damage, personal Injury, death, or other liability to third parties sustained as a result of
the negligent exercise of such reserved emergency powers, and shalt. at itS expense, restore
Grantee s facilities removed as a result of such exercise.
XIV. NON-EXCLUSIVE FRANCHISE
This Franchise shall not be deemed to be an exclusive Franchise. It shall in no manner
prohibit the Grantor from granting other franchises of a like nature or franchises to other public or
private utilities under, along, across, over and upon any of Grantor's roads, rights of way or other
f".
property of Grantor subject to this Franchise and shall in no way prevent or prohibit the Grantor
from constructing, altering, maintaining or using any of said roads, rights of way. drainage
structures or facilities, irrigation structures or facilities, or any other property of Grantor or affect
its jurisdiction over such property to make all necessary changes, relocations, repairs,
maintenance, etc., insofar as the Grantor may deem fit.
XV. FRANCHISE FEES, COSTS AND EQUALITY
Grantor hereby imposes.a franchise fee of one percent (1%) as.allowed or authorized by
Idaho State law, which fee shall be collected and paid by Grantee to Grantor during the teRn of
this Franchise Agreement unless changed as provided herein.
Grantor hereby reserves to itself the right, at any time during the teRn and existence of
the Franchise herein granted, to increase or decrease any franchise fee as authorized by the law
of the State of Idaho and Grantee shall collect and pay the same to Grantor. Grantor shall give
one hundred twenty (120) days notice to Grantee prior to the alteration of any franchise fee.
In the event that Grantor charges or imposes upon Grantee any fees. taxes or other costs
in connection with the issuance, maintenance, existence, continuation, or use of the franchise, or
the public rights-of-way governed hereby, granted pursuant to this document, then Grantor shan
impose equivalent charges, fees, taxes or costs upon any other franchisee in the same business
or competing with Grantee.
XVI. FORFEITURE
If Grantee shall willfully violate or fail to comply with any of the provisions of this
Franchise through willful and unreasonable neglect or willful and unreasonable failure to heed or
comply with any notice given Grantee under the provisions of this grant, then Grantee shall forfeit
all rights conferred hereunder and this Franchise may be revoked or annulled by the Grantor,
provided, however, the Grantor shall give ninety (90) days' written notice of its Intention to revoke
or annul the Franchise during which period Gnmtee shall have the opportunity to remedy any
breach.
XVII. EXPANSION OF GRANTEE'S FACIUTIES
Any facilities and appurtenances in streets, alleys, rights of way and publiC places,
incidental to the franchise system, that have been, or are at any future time acquired, leased, or
utilized in any manner by Grantee are thereupon to be deemed authorized by and shall be
subject to all provisions of this Franchise.
XVIII. CHANGE OF BOUNDARIES OF GRANTOR
Any subsequent additions or modifications of the boundaries of the Grantor, whether by
annexation, consolidation or otherwise, shall be subject to the provisions of this Franchise as to
all such areas. Grantor shall notify Grantee of the precise scope of any change of boundaries not
less than sixty (60) days prior to such change becoming effective.
XIX. PRIOR FRANCHISES SUPERSEDED
This Franchise shall update and supersede all prior electric franchises for the above
stated purpose heretofore granted to Avista Corporation or its predecessors, by Grantor, or Its
predecessors, and shall affinn, authorize and ratify all prior installations authorized by permits or
other action not previously covered by this Franchise.
xx. ASSIGNMENT OF FRANCHISE
Grantee, its successors and assigns, shall have the right to sell, transfer or assign this
Franchise. All provisions, conditions, regulations and requirements herein contained shall be
binding upon and inure to the benefit of the successors and assigns of the parties hereto.
XXI. EFFECT OF INY AUDITY
The Franchise is granted pursuant to the laws of the state of Grantor relating to the
granting of such rights and privileges by Grantor. If any article, section, sentence, clause, or
phrase of this Franchise is for any reason heldiHegal, invalid, or unconstitutional, such invalidity
shall not affect the validity of the Franchise or any of the remaining portions. The invalidity of any
portion of this Franchise shall not abate, reduce, or otherwise affect any obligation required of
Grantee.
XXII. FRANCHISE AS CONTRACT
This Franchise shall have the effect of and shall be a contract between Grantor and
Grantee and shall be the measure of the rights and liabilities of the Grantor as well as of Grantee.
XXIII. INDEMNITY
Grantee agrees to defend, indemnify and hold harmless the Grantor, its appointed and
elected officers and employees, from any and all liabilities, claims, causes of action, losses,
damages and expenses, including costs and reasonable attomeys fees, that the Grantor may
sustain. Incur, become liable for, or be required to pay, as a consequence of or arising from the
construction, instailation, maintenance, condition or operation of the Grantee s equipment or
facilities, or appurtenances thereto, connected with this franchise, that now or may hereafter be
upon, under, over, In. across or along, the highways, roads, alleys, bridges or other public ways
or places of the Grantor, provided, however, that this indemnification provision shall not apply to
the extent that said liabilities, claims, damages, losses and so forth were caused by or result from
the negligence of the Grantor.
Grantor agrees to defend, indemnify and hold harmless the Grantee, its officers and
employees, from any and aliltabilities, claims, causes of action, losses, damages and expenses,
including costs and reasonable attorneys fees, that the Grantee may sustain, incur, become liable
for, or be required to pay, as a consequence of or arising from the negligent acts or omissions of
the Grantor, its officers, employees or agents; provided, however, that this indemnification
provision shall not apply to the extent that said liabilities, claims, damages, losses and so forth
were caused by or result from the negligence of the Grantee.
"'.
XXIV. ABANDONMENT OF FRANCHISE
Grantee may at any time abandon the rights and authorities granted hereunder, provided
that six (6) months' written notice of intention to abandon is given to Grantor.
XXV. ACCEPTANCE OF FRANCHISE
Grantee shall notify Grantor in writing of Its acceptance of this Franchise within thirty (30)
days of the approval of this Franchise by Qrantor.
XXVI. EFFECTIVE DATE
This Ordinance shall be effective upon its passage, approval and publication according to
law.
PASSED AND APPROVED on tt,;s y 01
City of Potlatch
!1u. ~;?b fJ~
Title:
J7f 11 AA-
2003.
F Fa nchIa. \C ItyE lee \Potlatch
. ,
II.
III.
IV.
VI.
VII.
VIII.
IX.
XI.
XII.
XIII.
XIV.
'/N.
'/NI.
POTLATCH ELECTRIC FRANCHISE
TABLE OF CONTENTS
GRANT
TERM
TRIMMINGIREMOVAL OF TREES
RIGHT OF EXCAVATION
NON-INTERFERENCE WITH EXISTING FACILITIES
NECESSARY CONSTRUCTIONJMAINTENANCE BY GRANTOR
CONDUCT OF GRANTEE'S BUSINESS
RIGHTS OF INGRESSJEGRESS
VACATION OF PROPERTIES BY GRANTOR
RELOCATION OF FACIUTIES
PRESERVATION OF GRANTOR'S RIGHTS TO CONTROL
UNDERGROUNDING OF FACILITIES
EMERGENCY REMOVAL BY GRANTOR
NON-EXCLUSIVE FRANCHISE
FRANCHISE FEES, COSTS AND EQUALITY
FORFEITURE
'/Nil. . EXPANSION OF GRANTEE'S FACILITIES
'/NIII. CHANGE OF BOUNDARIES OF GRANTOR
XIx.
xx.
XXI.
PRIOR FRANCHISES SUPERSEDED
ASSIGNMENT OF FRANCHISE
EFFECT OF INVALIDITY
XXII. FRANCHISE AS CONTRACT
XXIII. INDEMNITY
XXIV. ABANDONMENT OF FRANCHISE
~.
ACCEPTANCE OF FRANCHISE
~I. EFFECTIVE DATE