20041104Application.pdf

Avista Corp.
1411 East Mission PO Box 3727
Spokane. Washington 99220-3727
Telephone [phone]
Toll Free 800-727-9170
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UT ILl T j ES CCH'U'j rSSION
October 29, 2004
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
Statehouse Mail
W. 472 Washington Street
Boise, Idaho 83720
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Dear Ms. Jewell:
A vista Utilities submits for approval by the Commission the enclosed Agreement to
Release Customer with Northern Lights , Incorporated. This submittal is pursuant to the
Idaho Electric Supplier Stabilization Act (I.C. g 61-332 et. seq.
Electric customer Mr. Jerry VanOoyen s has property located at 483 Gun Club Road in
Sagle, Idaho , which property is currently being served by Northern Lights. A new
development known as the Summer Haven Development is planned for the area
surrounding the Customer s property. The new development will encompass Mr.
V anOoyen' s property therefore causing duplication of service. A vista will provide
electric service to the new development in accordance with the IESS. Accordingly,
Northern Lights has executed an agreement to terminate service with Mr. VanOoyen.
Therefore , in the best interest of all parties, A vista Utilities and Northern Lights, Inc,
request the Commission approve this Agreement.
Please direct 'any questions on this matter to Susan Baldwin at [phone] or myself
at [phone].
Sincerely
;:J
Mlk
h;;~ Gervais
Regulatory Analyst
A vista Corp.
linda.gervais (g) avistacorp.com
c: Kim Pearman-Gillman, Avista
Brian Hirschkorn, A vista
Susan Baldwin, A vista
enclosure
Avista Contract No. M-11794
AGREEMENT TO RELEASE CUSTOMER
THIS AGREEMENT, dated as of :2,2 - t,,? L-, 2004, is entered into by and
between Avista Corporation dba Avista Utilities (hereinafter referred to as "A VISTA"), and
Northern Lights, Inc. (hereinafter referred to as "Northern Lights
),
sometimes hereinafter
referred to individually, as a "Party , and collectively, as the "Parties
WITNESSETH:
WHEREAS, electric customer, Jerry VanOoyen (hereinafter referred to as "Customer ) has
property located at 483 Gun Club Road in Sagle, Idaho, which property is currently being served
by Northern Lights;
WHEREAS, a new development know as the Summer Haven Development (the
Development"is planned for the area surrounding the Customer property, which
Development will encompass the Customer s property;
WHEREAS, A VISTA has the right to serve the new Development in accordance with the IESS;
WHEREAS, Northern Lights has executed an agreement to terminate service with the Customer
as set forth in the "Northern Lights, Inc. Termination of Service Agreement" attached hereto and
incorporated herein as "Exhibit A"; and
WHEREAS, it is in the best interest of the Customer, Northern Lights and A VISTA for
VISTA to serve the Customer s property because Customer s property is in the center of the
new Development;
NOW, THEREFORE, in consideration of the covenants and agreements herein contained, IT IS
AGREED:
1. For the reasons set forth above, Northern Lights agrees to release the electric service of
the Customer and authorizes Customer to be served by A VIST A.
2. This Agreement is subject to the approval of the Idaho Public Utilities Commission
(IPUC or Commission), and shall be filed with the Commission for approval; provided
however, that if the Commission rejects this Agreement, then this Agreement shall be
void ab initio.
3. Both Parties shall support this Customer release with the Parties' existing customers and
before the Commission, and shall jointly file for Commission approval of such release.
4. If approved by the Commission, this Agreement shall be binding upon the Parties, their
successors and assigns.
Page 1 of 2
Avista Contract No. M-11794
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed in
duplicate by the respective officers hereto, duly authorized as of the date first above written.
A vista Corporation
dba A vista Utilities ~rthern.figh', I
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(Signature)
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(Printed Name)
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(Title)
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(Date)
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Signature)
.J(l E. Pea ("M c.\n G\ W\.~'"
(Printed Name)
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(Title)
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(Date)
Page 2 of 2
JUL 23 2004 FR~02 PM2vicd~da cons~ruclion F AX NO.P. 01/02
EXHIBIT A"
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!iQBT!I ~:RN LIG TS INC. TERMINATI F SERVICE AGREEMEN
Thill. Agreement Is made by and between Northern Ughts, Inc. (NLI)
whose adcll'sss is PO Box 269. 5ag16, \0 83860-0269 and (Owner) whose name
and mainnl: address is:
It:
tJoo L-t
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And (l\Aember) whose name and address is:
Kin" Oelsen P.O. Box 214 Saglel Idaho 83860
RECIT ALS
Owner and Member have requested the termination of electric
service from NLI including removal of power lines, poles,
transformer(s)~ guy wires and. meter(s) at 48a .Gun Club Road
5agle. Idaho. and will request electric service to be ,provided by
Avista Corp.
The work to be performed for the Owner and M~mber is specifically
identified in Wark Order No.24-20~
AGREEMENT
'mw, THEREFORE, In consideration of the following terms and
conditiorr::1 the parties agree as foUows:1. ~e of Work. NLI shall provide the equipment, labor. material and
supplies I'or the purpose of performing the WorK Order. OWner acknowledges
that the u(,.1ivities described in the Work Order require the use of equipment with
\tie pre!IIHlt condition of \he ground being disturbed and modified as a result of
the con:;1:l"uction activities. NLI shall exercise its best efforts to minimize the
disturba:nce and damage to Owner's Premises including landscaping. grass,
trees anti other improvements such as roads or driveways. NLI shall not be
responsible for restDring the Owner's Premises the same condition it was found
prior to performance of the work by NLI. 2. Prior to commencement of work by NLI. Owner shall pay NLI
a sum equal to the estimated cost of work. upon completion of the work by NLI
owner ugrees to settle up costs whereby any overcharges by NLI will be
refundE~:1 to owner and any undercharges by NLI will be paid by owner.
Addition,lly, owner guarantees payment of any unpaid service and or energy
charge" owed to NLI by member at the time of tennioation of service.
3. Estimate....The cost of service termination is estimated to be
3B8.
which il;, based upon a visual inspection of the property. The actual cost may
exceed the estimate. Owner agrees that if unexpected or unusual conditions (in
the SO:fl judgment of NLI) are encountered in the perfonnance of the War\( Order
JUL-=200i.!
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:02 PM avi~ta cda construction FAX NO,P, 02/02
EXHIBIT A"
that Own!~~" shall, upon billing, pay for the extra work. In the event Owner
requests 1.1at NLI stop work, Owner shan be fully responsible for payment of all
work con1 :)Ieted prior to the stop work order,4. I'told Hannless.
, ...
(A) Work 1one byJibl - Owner acknowledges that service removal activities may
create d~ll1gerous conditions and/or hazards involving matters which include, but
are not limited to. soil erosion, soil subsidence and damage to existing
vegetation, In consideration for the work performed herein by NLI, Owner agrees
to hold hurmless and indemnify NLI against any loss or liability caused Owner or
any third :.arty as a result of the acts or omissions of NLI in the performance of
the work ,jentmed herein.
(B) Worl~~one bv owma.t-Owner specifically and expressly agrees to indemnify.
defend, i3nd hold hannless NLI against and from any and all claims. demands,
suits, lof:i*:ls, Costs and damages of every kind and description, including
attomeY~j' fees and/or litigation expenses, brought or made against or incurred by
NLI to thE: extent resulting from, arising out of. or in any way connected with any
act, Omili!lion, fault or negligence of Owner, its employees, agents
represen ~a.tives or subcontractors, their employees. agents or representatives in
the perfol1'nance or nonperformance of Owners obligations under this Agreement
or in anjf ~Lf8Y related to this Agreement. The indemnity obligations shall include
without 11l titation: (a) Loss of or damage to any property of Owner, NU, or any
third pad~
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(b) Bodily or personal injury to, or death of any person(s). including
without Ihrlitation employees of Owner or its subcontractors; (c) Claims arising
out ofVV':)I"kers' Compensation, Unempioyment Compensation, or similar such
taws or ,~,bligatjons applicable to employees of Owner or its subcontractors,
5. (I wnershi of E ui ment and Lines. AU equipment, Hnes and other
facilities. ~elng removed(up to the meter on the building except the meter socket
, service plenei and weather head shall be and remain the property of NLI.
paymen t for the work performed does not entitle Owner to any ownership interest
in any pl:'rtion of the removed facilities.
Dated: _,7 - 7 - '-f /Jk~ tub
NORTHERN LIGHTS, INC.
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