Order No 29162.pdf

Office of the Secretary
Service Date
November 26, 2002
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE SUBMISSION OF
THE STATUS REPORT OF AVISTA
CORPORATION AND APPLICATION FOR A
CONTINUATION OF A POWER COST
ADJUSTMENT (PCA) SURCHARGE.
CASE NO. A VU-O2-
ORDER NO. 29162
On October 15, 2002, the Idaho Public Utilities Commission (Commission) in Case
No. A VU-02-, Order No. 29130, approved a 12-month continuation of a 19.4% ($23.
million) Schedule 66 Power Cost Adjustment (PCA) surcharge for Avista Corporation dba
Avista Utilities (Avista; Company). As reflected in the PCA status report filed with the
Commission on August 9, 2002, A vista stated that the current status of its unrecovered PCA
deferral balance as of June 30, 2002, was $45 600 228 for its Idaho jurisdiction. In its Order, the
Commission made adjustments to the PCA deferral account balance, deferred decision pending
further investigation on net fuel costs related to the Company s Coyote Springs facility, denied
the Company s requested change in the PCA deferral balance interest rate, and directed Staff to
investigate the Company s risk management policy and how it affects the Company s short-term
resource acquisition decisions. Finally, the Commission directed the Company to file a status
report 60 days prior to expiration ofthe new surcharge period, i., October 11 2004.
On November 1 , 2002, the Commission received electronically a Petition for
Reconsideration from David & Judy Kramer, Avista customers residing at 10 Kellogg Avenue
Pinehurst, Idaho 83850. Reference Idaho Code 61-626. The Petition requests reconsideration of
Order No. 29130. The Petitioners contend they have constitutional rights that may have been
violated by Order No. 29130. No further information or detail is provided.
The Commission Procedural Rule 331.01 provides that Petitions for
Reconsideration "must set forth specifically the ground or grounds why the petitioner contends
that the Order or Rule is unreasonable, unlawful, erroneous or not in conformity with the law
and a statement of the nature and quantity of the evidence or argument that the petitioner will
offer if reconsideration is granted." IDAPA 31.01.01.331.01. "Grounds for Reconsideration or
ORDER NO. 29162
issues on reconsideration that are not supported by specific explanation may be dismissed." Rule
332 (IDAP A 31.01.01.332).
Reconsideration provides an opportunity for an aggrieved party to bring to the
Commission s attention any question previously determined or omitted in a matter. Likewise
reconsideration provides the Commission with an opportunity to rectify any mistake. or omission.
Washington Water Power Company v. Kootenai Environmental Alliance 99 Idaho 875, 591 P.2d
122 (1979).
Addressing the Petition filed by David & Judy Kramer, the Commission notes that
the petitioners offer no new relevant evidence or argument for consideration. Nor do they
contend with any specificity how the Commission s Order was "unreasonable, unlawful
erroneous or not in conformity with law" or how the Commission s Order violated their
constitutional rights. Reference IDAPA 31.01.01.331.01; Idaho Code ~61-626. The
Commission finds that there is substantial and competent evidence to support the Commission
decision in Order No. 29130 and finds that the Petition for Reconsideration filed by David and
Judy Kramer should be dismissed.
CONCLUSIONS OF LAW
The Idaho Public Utilities Commission has jurisdiction over A vista Corporation dba
Avista Utilities, an electric utility, pursuant to the power granted under Idaho Code, Title 61 and
the Commission s Rules of Procedure, IDAPA 31.01.01.000 et seq.
ORDER
In consideration of the foregoing and as more particularly described above, IT IS
HEREBY ORDERED that the Petition for Reconsideration filed by David & Judy Cramer be
dismissed. Reference Idaho Code 61-626(2); IDAPA 31.01.01.332.
THIS IS A FINAL ORDER ON RECONSIDERATION. Any party aggrieved by
this Order or other final or interlocutory Orders previously issued in this Case No. A VU-02-
may appeal to the Supreme Court of Idaho pursuant to the Public Utilities Law and the Idaho
Appellate Rules. See Idaho Code ~61-627.
ORDER NO. 29162
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this :zs+J..
day of November 2002.
P AUL KJE~ . A R, PRESIDENT
51.~ MARSHA H. SMITH, COMMISSIONER
ATTEST:
Commission Secretary
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ORDER NO. 29162