20040225Final Order No 29435.pdf

Office of the Secretary
Service Date
February 25, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
POTLATCH CORPORATION,
CASE NO. A VU-O2-
Complainant
VISTA UTILITIES,
Respondent.ORDER NO. 29435
On January 15 , 2004, the Idaho Public Utilities Commission (Commission) in Order
No. 29418, Case No. A VU-03-, approved an Avista Corporation/Potlatch Corporation
Purchase and Sale Agreement (Agreement) dated July 22 2003. Part of the mutual consideration
recited in the Joint Petition in Case No. A VU-03- 7 and related Agreement is the settlement of
all known disputes between the parties before the Idaho Commission. Reference Joint Petition
~ l1(b); Agreement ~ 31. The Commission in Order No. 29418 determined that the Agreement
finally concludes Commission Case No. A VU-02-, Potlatch's complaint alleging that Avista
had refused to purchase the cogeneration output of the Lewiston plant. The Commission
accordingly finds it reasonable to enter a final Order concluding and closing the docket in Case
No. A VU-02-
CONCLUSIONS OF LAW
The Idaho Public Utilities Commission has jurisdiction over A vista Corporation dba
Avista Utilities, an electric utility, pursuant to the authority granted the Commission in Idaho
Code, Title 61 and the Public Utility Regulatory Policies Act of 1978 (PURP A).
The Commission has authority under PURP A and the implementing regulations of
the Federal Energy Regulatory Commission (FERC) to set avoided costs, to order electric
utilities to enter into fixed term obligations for the purchase of energy from qualified facilities
and to implement FERC rules.
ORDER NO. 29435
ORDER
In consideration of the foregoing and as more particularly described above, IT IS
HEREBY ORDERED and the Commission does hereby finally conclude and close the docket in
Case No. A VU-02-
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) may petition for reconsideration within twenty-one (21) days of the
service date of this Order with regard to any matter decided in this Order. Within seven (7) days
after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. See Idaho Code ~ 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of February 2004.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~~~
Commission Secretary
vld/O:A VUE0208 sw2
ORDER NO. 29435