2001222Final Order No 29661.pdf

Office of the Secretary
Service Date
December 22, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF A VISTA CORPORATION DBA A VISTA
UTILITIES FOR AN ORDER APPROVING A
CONTRACT WITH NORTHERN LIGHTS,
INC. TO EXCHANGE AN EXISTING
CUSTO MER UNDER THE ELECTRIC
SUPPLIER STABILIZATION ACT.
ORDER NO. 29661
CASE NO. A VU-O4-
On November 3, 2004, Avista Corporation dba Avista Utilities filed an Application
seeking the Commission s approval of an agreement between Avista and Northern Lights, Inc. to
exchange an existing customer. The agreement between the parties is being submitted for the
Commission s approval pursuant to the provisions of the Electric Suppliers Stabilization Act
(ESSA) and specifically Idaho Code ~~ 61-333(1) and 61-334B. On November 22, 2004, the
Commission issued Order No. 29635 soliciting public comments regarding Avista s Application.
Only the Commission Staff submitted comments and it recommended approval of the
Agreement.
Application.
After reviewing the Agreement and the Staff comments, we approve the
THE APPLICATION
In their "Agreement to Release Customer" dated September 22, 2004, Avista and
Northern Lights propose to exchange one customer. More specifically, Northern Lights will
allow Avista to serve Jerry VanOoyen located at 43 Gun Club Road in Sagle, Idaho. Mr.
VanOoyen is currently a Northern Lights customer. His property is encompassed by a new
development known as Summer Haven. In accordance with the ESSA, A vista will provide
electric service to the new development. Consequently, the parties have agreed that it would be
more efficient for Avista to serve Mr. VanOoyen in the future.
Northern Lights and Mr. VanOoyen have executed a "Termination of Service
Agreement" dated September 9, 2004. This latter agreement calls for Northern Lights to remove
its facilities used to serve Mr. VanOoyen so that Avista may serve him.
ST AFF COMMENTS
Staff recommended that the Commission approve the parties Agreement. Staff
noted that the exchange of the customer requires the parties to seek an "exception" to the anti-
ORDER NO. 29661
pirating provisions of Idaho Code ~ 61-332B. Staff supports the exception request and notes that
the exchange of the single customer avoids duplication of facilities and promotes harmony
between the two adjacent suppliers. Consequently, Staff recommended that the Commission
grant an exception to the anti-pirating provision of Idaho Code ~ 61-332B and find that the
exchange of customer is in compliance of the goals of the ESSA codified at Idaho Code ~ 61-
332(2).
FINDINGS
Idaho Code ~ 61-332B prohibits an electric supplier from serving a customer already
served by another supplier, except as otherwise ordered by the Commission. Idaho Code ~ 61-
334B(1) provides that any exception to the anti-pirating provision of the ESSA must be reviewed
and approved by the Commission. Section 61-334B(1) further provides that the Commission
may only approve the exchange of a customer after finding that the transfer is consistent with the
purposes of the ESSA set out in Idaho Code ~ 61-332.
After reviewing the parties ' Agreement and Staff s comments, we find it
reasonable to approve the Application and the Agreement to exchange the single customer. We
find the exchange of the customer is consistent with the purposes of the ESSA. In particular, we
find that the exchange promotes harmony among the two suppliers and discourages duplication
of electric facilities. We further find that the exchange of the single customer is a reasonable
exception to the anti-pirating provision of Idaho Code ~ 61-332B. See Idaho Code ~~ 61-
334B(1); 61-333(1).
ORDER
IT IS HEREBY ORDERED that Avista s Application to approve its Agreement with
Northern Lights to exchange a single customer is granted.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) or in interlocutory Orders previously issued in this Case No. A VU-04-
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 or in interlocutory Orders previously issued in
this Case No. A VU-04-6. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code ~ 61-
626.
ORDER NO. 29661
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;2 J.
day of December 2004.
ATTEST:
/~W
~rl : J~well
COrinnlsslon Secretary
bls/O:A VUEO406 dh2
ORDER NO. 29661
MARSHA H. SMITH, COMMISSIONER
, COMMISSIONER