20030407Order No 29217 Notice of Application.pdf

Office of the Secretary
Service Date
April 7, 2003
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
VISTA CORPORATION DBA A VISTA
UTILITIES FOR AN ORDER APPROVING AN )
AMENDMENT TO A SERVICE TERRITORY
AGREEMENT BETWEEN A VISTA UTILITIES
AND KOOTENAI ELECTRIC COOPERATIVE, )INC.
CASE NO. A VU-O3-
NOTICE OF APPLICATION
NOTICE OF MODIFIED
PROCEDURE
ORDER NO. 29217
On March 2003, Avista Corporation dba Avista Utilities submitted an amendment
to its existing Service Territory Agreement with Kootenai Electric Cooperative, Inc.
December 26, 2002, A vista and Kootenai agreed to two changes to their Service Territory
Agreement approved by the Commission in Order No. 28681 issued in March 2001. Avista
requests that the Commission review and approve the changes (collectively referred to as
Amendment No.1) pursuant to the Idaho Electric Supplier Stabilization Act (ESSA).
BACKGROUND
In Order No.28681 the Commission approved the Service Territory Agreement
entered into by Avista s predecessor "The Washington Water Power Company" and Kootenai.
The Commission approved the Territory Agreement pursuant to Idaho Code ~ 61-333. This
section provides in pertinent part that
the commission shall after notice and opportunity for hearing, review and
approve or reject contracts.. . between cooperatives and public utilities. .. . The
commission shall approve such contracts only upon finding that the allocation
of territories or consumers is in conformance with the provisions and purposes
of (the ESSA).
Idaho Code ~ 61-333(1).
THE APPLICATION
YOU ARE HEREBY NOTIFIED that Amendment No.1 proposes two changes to
the parties' Territory Agreement. First , is a housekeeping matter changing the name of "The
Washington Water Power Company" to "A vista Corporation dba Avista Utilities." The second
NOTICE OF APPLICATION
NOTICE OF MODOFIED PROCEDUREORDER NO. 29217
change is to delete Section 7 of the underlying Agreement. This section included provisions to
determine which of two electric suppliers would serve a development when build-out of the
development intersects a competing supplier s service line. The parties agree that Section 7
may be ambiguous and have agreed that it should be deleted in its entirety.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that Idaho Code ~ 61-333(1) requires the
Commission to review Service Territory Agreements and amendments to such agreements
entered into by public utilities and electric cooperatives.
YOU ARE FURTHER NOTIFIED that the Commission has determined that the
public interest may not require a formal hearing in this matter and will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission s Rules
of Procedure, IDAP A 31.01.01.201 through .204.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this
Application may file a written comment in support or opposition with the Commission within
twenty-one (21) days from the service date of this Notice. The comment must contain a
statement of reasons supporting the comment. Persons desiring a hearing must specifically
request a hearing in their written comments. Written comments concerning this Application may
be mailed to the Commission and the Applicant at the addresses reflected below:
COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, ID 83720-0074
STREET ADDRESS FOR EXPRESS MAIL:
KELLY NORWOOD
, RATES & REGULATION
A VISTA CORPORATION
1411 E. MISSION AVENUE
PO BOX 3727
SPOKANE, W A 99220-3727
E-mail: kelly.norwood~avistacorp.com
472 W. WASHINGTON STREET
BOISE, ID 83702-5983
These comments should contain the case caption and case number shown on the first page of this
document.
Persons desiring to submit comments via e-mail may do so by accessing the
Commission s home page located at www.puc.state.id.. Click the "Comments and Questions
icon, and complete the comment form, using the case number as it appears on the front of this
NOTICE OF APPLICATION
NOTICE OF MODOFIED PROCEDUREORDER NO. 29217
document. These comments must also be sent to the Applicant at the e-mail address listed
above.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are
received within the time limit set, the Commission will consider this matter on its merits and
enter its Order without a formal hearing. If written comments are received within the time limit
set, the Commission will consider them and, in its discretion, may set the same for formal
hearing.
YOU ARE FURTHER NOTIFIED that the Application together with Amendment
No.1 has been filed with the Commission and is available for public inspection during regular
business hours at the Commission office. The Application is also available on the
Commission s Website at www.puc.state.id.under the "File Room" icon.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission s jurisdiction under Title 61 of the Idaho Code and specifically
Idaho Code ~~ 61-332 and 61-333(1).
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission s Rules of Procedure, IDAP A 31.01.01.000 et seq.
ORDER
IT IS HEREBY ORDERED that this Application be processed under Modified
Procedure. Persons interested in submitting written comments regarding this matter should do
so within 21 days of the service date of this Order.
NOTICE OF APPLICATION
NOTICE OF MODO FlED PROCEDUREORDER NO. 29217
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
? "...
day of April 2003.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
vld/O:A VUE0301 dh
NOTICE OF APPLICATION
NOTICE OF MODOFIED PROCEDURE
ORDER NO. 29217 4