20031017Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:SCOTT WOODBURY
DATE:OCTOBER 17, 2003
RE:CASE NO. A VU-02-8 (Avista)
COMPLAINT-POTLATCH VIA A VISTA
ADMINISTRATIVE CLOSURE OF DOCKET
On December 24, 2002, Potlatch Corporation (Potlatch) filed a complaint with the
Idaho Public Utilities Commission (Commission) alleging that Avista Corporation dba Avista
Utilities has failed and refused, and continues to fail and refuse, to purchase the cogeneration
output of Potlatch's qualifying facilities (QFs) at its Lewiston facility. Reference Public Utility
Regulatory Policies Act of 1978 (PURP A). Direct testimony supporting the complaint was filed
by Potlatch on April 25 , 2003.
On August 25 , 2003, Avista and Potlatch filed a Petition with the Commission
requesting an Order approving a submitted Power Purchase and Sale Agreement between A vista
and Potlatch dated July 22, 2003. Direct testimony of Avista supporting the Purchase and Sale
Agreement was filed with the Commission on September 26 2003.
COMMISSION DECISION
Reviewing the filings in Case No. A VU-02-8 Staff notes that the underlying
complaint and supporting testimony are now moot. The Joint Petition filed by Avista and
Potlatch is captioned as follows: In the Matter of the Joint Petition of Avista Corporation and
Potlatch Corporation for Approval of Power Purchase and Sale Agreement. Staff recommends
that the Commission administratively close the docket in Case No. A VU-02-8 and move the
Joint Petition filed August 25 and supporting testimony filed September 26 to a new case docket.
Also to be transferred is a recently filed Interconnection Agreement which is referenced in the
DECISION MEMORANDUM
Power Purchase and Sale Agreement. Staff recommends that a Notice be issued in the new
docket and that the matter be initially processed pursuant to Modified Procedure. Does the
Commission agree with the administrative recommendations of Staff?
Scott Woodbury
Vld/M:A VUEO208
DECISION MEMORANDUM