20050127Application.pdf

Avv -l:,- 65
Avista Corp.
1411 EastMission POBox3727
Spokane, Washington 99220-3727
Telephone [phone]
Toll Free 800-727-9170
REGElVED illfILED o~i''v'STA~
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UTILflIES- COHt11SSiON
January 24, 2005
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
Statehouse Mail
W. 472 Washington Street
Boise, Idaho 83720
Dear Ms. Jewell:
A vista Utilities submits for approval by the Commission the enclosed "Application
A vista Corporation to Approve Agreement Allocating Territory with Kootenai
Electric Cooperative.This submittal is pursuant to the Idaho Electric Supplier
Stabilization Act (I.C. 9 61-332 et. seq.
Please direct any questions on this matter to Susan Baldwin at [phone] or myself
at [phone].
Sincerely
Linda Gervais,
Regulatory Analyst,
A vista Corp.
linda.gervais (g) avistacorp.com
Marc Shaffner, A vista
Susan Baldwin, A vista
enclosure
DAVID J. MEYER
VICE PRESIDENT AND CHIEF COUNSEL of
REGULATORY AND GOVERNMENTAL AFFAIRS
VISTA CORPORATION
O. BOX 3727
1411 EAST MISSION AVENUE
SPOKANE, WASHINGTON 99220-3727
TELEPHONE: [phone]
FACSIMILE: [phone]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF A VISTA CORPORATION TO APPROVE
AGREEMENT ALLOCATING TERRITORY
WITH KOOTENAI ELECTRIC COOPERATIVE
CASE NO. A VU--65
APPLICATION OF
VISTA CORPORATION
I. INTRODUCTION
A vista Corporation doing business as A vista Utilities (hereinafter A vista or
Company), at 1411 East Mission Avenue, Spokane, Washington, respectfully requests that
the Commission approve the enclosed Agreement Allocating Territory (Attachment A) with
Kootenai Electric Cooperative, Inc. (hereinafter referred to as KEC), an Idaho non-profit
corporation, sometimes hereinafter referred to individually, as a "Party , and collectively, as
the "Parties
The Parties have entered into an agreement pursuant to the Idaho Electric Supplier
Stabilization Act) "lESS", Idaho Code 99 61-332 et seq. in order to allocate territory, avoid
disputes between utilities and to provide consumers with the best possible service.
Greenstone Corporation and Stateline Business Park, LLC (hereinafter referred to,
collectively, as the "Developers ) are developing building sites on properties located in the
Stateline Business Park near the state line in Post Falls, Idaho and have requested that A vista
and KEC install facilities to provide three-phase electric service to consumers who may
construct service entrances within the Development. Under the Agreement, A vista and KEC
shall each be entitled to extend their facilities , to the exclusion of the other, within the
territory allocated to it, and to provide service to consumers who locate new service entrances
within such territory.
The Company requests that this filing be processed under the Commission s Modified
Procedure rules.
Communications in reference to this Application should be addressed to:
Kelly O. Norwood
Vice President
State and Federal Regulation
A vista Corporation
1411 E. Mission Avenue
Spokane, Washington 99220
Phone: [phone]
Fax: [phone]
David J. Meyer
Vice President and Chief Counsel of
Regulatory and Governmental Affairs
A vista Corporation
1411 E. Mission Avenue
Spokane, Washington 99220
Phone: [phone]
Fax: [phone]
II. PROPOSED ALLOCATION
The Developers have requested that Avista and KEC install facilities to provide three-
phase electric service to consumers who may construct service entrances within the
Development, as illustrated in the attached "Agreement Allocating Territory." Both A vista
and KEC have existing service lines on or near the Developers' real properties in the
Development, and both utilities are able and willing to supply electric service to consumers
who may establish service entrances on Developers' real properties.
Application of A vista Corporation
A vista s service territory shall be the parcels located South of Seltice Way, North of
Interstate 90, continuing West of Road B/Baugh Way, terminating at the Western boundary
of the Development as illustrated in Exhibit C appended to the "Agreement Allocating
Territory.
KEC's service territory shall be the parcels located South of Seltice Way and Jacklin
Road, North of Interstate 90, continuing East of Road B/Baugh Way, terminating at the
Eastern boundary of the Development as also illustrated Exhibit C appended to the
Agreement Allocating Territory.
The Parties shall each provide line extensions and electric service pursuant to the
provisions of their line extension policies, rate schedules and/or tariffs in force at the time
such extension or service is requested. Any line extensions installed within the boundaries of
the Development that serve a service entrance located within territory allocated to the Parties
by the Agreement, shall not be considered an "existing service line , and may not be used as
a future measuring point, for the purpose of determining which Party is entitled to provide
electric service rights, under the lESS, to new service entrances located in territory not
allocated pursuant to the Agreement.
The Parties current electric service lines, as well as any line extensions external to the
boundaries that are required to reach existing infrastructures within the Development and
which are installed in accordance with the lESS, may be used to determine future electric
service rights to new service entrances located in territory not allocated pursuant to the
Agreement.
Application of A vista Corporation
Any changes in lot lines, roadways or other boundaries within the Development that
occur after the date of the Agreement shall not constitute a change to the Agreement, and the
boundaries shall be used to determine the service territory of the respective Parties. Both
Parties shall support the allocation of electric service rights with the Parties ' existing
customers.
III. REQUEST FOR APPROVAL
A vista, therefore, respectfully requests approval of the "Agreement Allocating
Territory" so that A vista and KEC shall be entitled to extend their facilities within the
territory in the manner prescribed in the Agreement. A vista believes that the Agreement will
avoid unnecessary disputes in the future, will avoid needless duplication of facilities, and will
provide customer with the best possible service.
Dated at Spokane, Washington this 24th day of January 2005.
VISTA CORPORATION
BY
Davia J. Meyer
Vice President and Chief Counsel of
Regulatory and Governmental Affairs
Application of A vista Corporation
, .
Contract No. M-11954
AGREEMENT ALLOCATING TERRITORY
THIS AGREEMENT, dated as of lIb y /0'1 , 2004, is entered into by and
between Avista Corporation dba Avista Utilities (hereinafter referred to as "A VISTA"), a Washington
corporation, and Kootenai Electric Cooperative, Inc. (hereinafter referred to as "KEC"), an Idaho non-
profit corporation, sometimes hereinafter referred to individually, a,s a "Party , and collectively, as the
Parties
" .
WITNESSETH:
WHEREAS, Greenstone Corporation and Stateline Business Park, LLC (hereinafter referred to,
collectively, as the "Developers ) are developing building sites on properties located in the Stateline
Business Park near the state line in Post Falls, Idaho, a legal description of which is attached hereto and
incorporated herein as "Exhibit A", and the Post Falls Corporate Center, located directly south of the
Stateline Business Park, a legal description of which is attached hereto and incorporated herein
Exhibit B" (hereinafter referred to, collectively, as the "Development"
WHEREAS, the Developers have requested that A VISTA and KEC install facilities to provide three-
phase electric service to consumers who may construct service entrances within the Development, as
illustrated on the map attached hereto and incorporated herein as "Exhibit C"
WHEREAS, both A VISTA and KEC have existing service lines on or near the Developers' real
properties in the Development, and both utilities are able and willing to supply electric service to
consumers who may establish service entrances on Developers' real properties; and
WHEREAS, the Parties desire to enter into an agreement pursuant to the Idaho Electric Supplier
Stabilization Act ("lESS"), Idaho Code ~~ 61-332 et seq. in order to: 1) allocate territory within the
Development, as outlined in Exhibit C, to avoid unnecessary duplication of facilities; 2) avoid disputes
between the Parties as to which utility is entitled to provide service to new service entrances within the
Development; and 3) provide consumers who locate their electric service entrances on the Developers
real property with the best possible service;
NOW, THEREFORE, in consideration of the covenants and agreements herein contained, IT IS
AGREED:
VISTA and KEC shall each be entitled to extend their facilities, to the exclusion of the other,
within the territory allocated to it, as marked on Exhibit C, and to provide service to consumers
who locate new service entrances within such territory, namely:
a. A VISTA's service territory shall be the parcels located South of Seltice Way, North of
Interstate 90, continuing West of Road B/Baugh Way, terminating at the Western boundary of
the Development, as outlined in blue on Exhibit C.
b. KEC's service territory shall be the parcels located South of Seltice Way and Jacklin Road,
North of Interstate 90, continuing East of Road B/Baugh Way, terminating at the Eastern
boundary of the Development, as outlined in green on Exhibit C.
Within the territory allocated to it, as outlined on Exhibit C, the Parties shall each provide line
extensions and electric service pursuant to the provisions of their line extension policies, rate
schedules and/or tariffs in force at the time such extension or service is requested.
Page 1 of 3
! '
Contract No. M-11954
Any line extensions installed within the boundaries of the Development that serve a service
entrance located within territory allocated to the Parties by this Agreement shall not be considered
an "existing service line , and may not be used as a future measuring point, for the purpose of
determining which Party is entitled to provide electric service rights, under the lESS, to new
service entrances located in territory not allocated pursuant to this Agreement.
The respective Parties' current electric service lines shown on Exhibit C, as well as any line
extensions external to the boundaries derIDed in this Agreement and outlined on Exhibit C, which
are required to reach existing infrastructures within the Development, and which are installed in
accordance with the lESS, may be used to determine future electric service rights to new service
entrances located in territory not allocated pursuant to this Agreement.
Any changes in lot lines, roadways or other boundaries within the Development that occur after the
date of this Agreement shall not constitute a change to this Agreement, and the boundaries outlined
on Exhibit C shall be used to determine the service territory of the respective Parties.
VISTA shall prepare and submit the application for approval before the Idaho Public Utilities
Commission ("Commission ), and KEC shall join in or otherwise cooperate in the application;
provided, however, that both Parties shall support this allocation of electric service rights with the
Parties' existing customers.
In the event the Commission does not approve the allocation of electric service rights described
herein, then this Agreement shall be void ab initio, and the Parties agree to renegotiate an
allocation agreement that is ultimately acceptable to the Commission.
If approved by the Commission, this Agreement shall be binding upon the Parties, their successors
and/or their assigns.
Neither Party shall be responsible for fulfilling electric service infrastructures nor other obligations
committed to by the other Party either prior to or after the date of this Agreement.
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 Corporationdba vista Utilities
A;tL,-
Signature)
ftlA-JQ..\SCHAFFJVE/z..
(Printed Name)
/::J,r~tOY
j ,
11ilr' /4t ~;I/IL
(Title)
'~U/~u1kJ~r I f~ ;it/tit!
(Date)
(tSigna
Robert L. Cru
(printed Name)
General Mant=Jgpr
(Title)
November 17, 2004
(Date)
Page 2 of 3
A2reement of Greenstone Corporation:
Contract No. M-11954
The undersigned represents that he/she is an authorized representative of Greenstone Corporation
Greenstone ) with full authority to bind Greenstone hereunder. The undersigned acknowledges and
represents that he/she has reviewed the foregoing Agreement between A VISTA and KEC to Allocate
Territory, approves of its content, and signs it voluntarily as their own free act and deed, fully intending
to be bound by same.vtV
(Signature) J4 M165 fit ~;J-
(Printed Name) v .
(TItle) 'iv'
~.
J!5
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(Date)
A2reement of Stateline Business Park.. LLC:
The undersigned represents that he/she is an authorized representative of Stateline Business Park, LLC
Stateline ) with full authority to bind Stateline hereunder. The undersigned acknowledges and
represents that he/she has reviewed the foregoing Agreement between A VISTA and KEC to Allocate
Territory, approves of its content, and signs it voluntarily as their own free act and deed, fully intending
tobebo~bYf24
(Signature)
. ~
( ~ 4=- ~ G \..J ~-J.J
(Printed Name)
h~)I7C:)
1~3/oi(Title)
(Date)
Page 3 of 3
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Oct-22-04 09: 30A Adams & Clark, Inc.
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June 15, 2004 EXHIBIT A"
Legal Desaiption
Proposed Plat of Stateline Business Pane
Those portions of the 51/2 of Section 1, Township 50 North, Range 6 West, B.M., City of Post
Falls, Kootenai County. Idaho, described as follows:
Seginning at the southeast comer of the SW1/4 of said Section 1; thence North 89013130- West.
along the south line of said SW1/4. a distance of 636.06 feet to the TRUE POINT OF
BEGINNING, being 3,282 feet west of the southeast cemer of said Section 1; thence continuing
North 89013130" Westl along said south line, 102.84 feet to a point an a line being parallel with
and 20 feet northeasterly from, when measured at right angle to, the southeasterly extension of
the northeasterly line of Tract 179 of Plat No.5 of East Farms Irrigated Tracts, according to the
plat r9corded in Volume lie- at Page 57; thence North 25.14134" West, along said parallel line,
389.25 feet fa a point from which the southerly right-d-way line of Seltfce Way. (formerty
Yellowstone Trail Highway and Highway #10) bears North 25814'34- West 330.00 feet; thence
northeasterly along the arc of a 5665.00 foot radius curve, concave southerly, through a central
angle of 10040'49", 1056.00 fset (long chord.. North 49034116" East 1054.47 feet); thence NOrth25.14'34" West 330.00 feet to a point on said southerty right-of-way line of SolDes Way; thence
along said southerly right-of.way line the following two (2) calls: 1) northeasterly along the arc
of a 5665.00 foot radius curve. concave southerly. through a central angle of 6031'45",645.
feet to a point of tangent. 00n9 chord = North 58.10'338 East 645.22 feet): 2) North 61826'26-
East 191.01 feet to the point of curve of a 45.00 fDot radius curve, cancave southerly, on the
westerly right-of-way line of Baugh Way as granted to the City of Post Falls by a Grant of Right-
of-Way, Instrument No. 1848707; thence along said westerly right-of-way line the following three
(3) calls: 1) along the arc of said curve through a central angle of 85. 45'2r, 67.35 feet (long
chord.. South 751140'50" East 61.24 feet) to the point of reverse curve at a 1340.00 foot radius
curve, concave northeasteny. 2) aJong the arc of said curve through a central angle of
27032'13-. 644.02 feet (long chord::; South 46034'13" East 637.84 feet) to the point of reverse
curve of a 560.00 foot radius curve, concave southwesterty; 3) along the arc of said curvet
through a central angle of 3822'05"32.92 feet, (long chord;; South 58-39'18" East 32.91 feet);thence South 50.02.01- West 585.81 feet; thence South 53046'21" West 904.65 feet; thence
South 51016.48" West 616.51 feet to the TRUE POINT OF BEGINNING:
TOGETHER WITH that portion of the said 81/2 gf Section 1, described as follows:
Beginning at the southeast corner of the SW 1/4 of said Section 1; thence North 89O 13~(1' West,along the south line of said SW1/4, a distance of 636.06 feet to a point. being 3.282 feet west ofthe southeast comer or said Section 1; thence continuing North 898 13130" West, along saidsouth line, 102.84 feet to a point on a line being parallel with and 20 feet northeasterly from.
when measured at right angle to, the southeasterly extension of the northeasterly line of
Tract 179 of Plat No.5 of East Fanns Irrigated Tracts, according to the pl~t recorded in Volume
C" at Page 57; thence North 25014'34" West, along said paraJlelline, 389.25 feet to a pointfrom which the southeny right-of-way line of Seltice Way. (fonnerfyYellowstone Trail Highwayand Highway #10) bears North 25814'34" West 330.00 feet; thence northeasterly along the arc
of a 5665.00 foot radius curve, concave southerly, through a central angle of 10.40'49-. 1056.feet (Jong chord :: North 491134'16- East 1054.47 feet); thence North 25.14'34" West 330.00 featto a point on said souther1y righl-of..way line of Seltice Way: thence along said southerly right-of-way line the following four (4) calls: 1) northeastertyalong the arc of a 5665.00 foot radiuscurve. concave souther1y~ through a central angle of 6O311 , 645.57 feet to a point of tangent,
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Oct-22-04 09: 30A Adams & Clark, Inc.
Jf EXHIBIT A
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(long chord = North 581110'33'* East 645.22 feet); 2) North 61026'26" East 191.01 feet;
3) continuing North 61026'26" East 170.53 feet to the TRUE POINT OF BEGINNING, a pojnt an
the easterly right-of-way line of Baugh Way as granted to the City of Post Falls by a Grant of
Right-of-Way, Instrument No. 1848707; 4) continuing North 61826'26" East 1524.74 feet to a
point on the southerly right-of..way of Jacklin Road, the original alignment of which as
established on said Plat No.5 of East Farms Irrigated Tracts: thence South 89000'54" East,
along said southerly right-of-way line. 179.35 feet to an angle point on the boundary of Parcel 3
as shown on the Record of Survey filed in Book 16 at Page 70; thence along the boundary of
said Parcel 3 the following three (3) courses: 1) South 40"18144" West 662.15 feet; 2) South
33019'57" West 521.49 feet: 3) South 50.02'0188 West 442.28 feet to a point on a 640.00 foot
radius curve, concave southwesterly on said easterly right..of..way line of Baugh Way; thence
along said easter1y right..of.way lIne of Baugh Way the following three (3) calls: 1) along the arc
of said curve through a central angle of 5832146'*61.95 feet (long chord:: North 57033'57" West
61.93 feet) to the point of reV&r$8 curve of a 1260.00 foot radius curve, concave northeasterly;
2) along the arc of said curve through a central angle of 26056'32." 1 592.49 feet (long chord ::
North 46852.048 West 587.05 feet) to the point of compound curve of a 45.00 radius curve,
concave southeasterly; 3) along the arc of said curve through a central angle of 940 50'14-
74.49 feet (long chord = North 14.01'19" East 66.27 feet) to the TRUE POINT OF BEGINNING.
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EXHIBIT
All that certain real property consisting of a portion of Section 1 and a portion of the North Half of Section
12 in Township 50 North, Range 6 West, Boise Meridian, Kootenai County, Idaho, and a portion of the
Southwest Quarter of Section 6, and a portion of the Northwest Quarter of Section 7, in Township 50
North, Range 5 West, Boise Meridian, Kootenai County, Idaho, more particularly described as follows:
Commencing at the Northeast comer of said section 12, said comer being a Y2 inch diameter rebar; thence
South 00050'53" West, 436.36 feet upon the East line of said Section 12 to the intersection with the North-
Westerly right of way line of Interstate Highway No. 90 and True Point of Beginning of this description;
thence South 70029'40" West, 1413.04 feet upon said right of way line to a monument; thence South
72058'39" West, 690.56 feet upon said right of way line to a monument; thence South 79056'36" West,
1182.88 feet upon said right of way line to a monument; thence South 60017'16" West, 210.49 feet upon
said right of way line to a monument; thence South 79049'06" West, 23.81 feet upon said right of way line
to the intersection with the Southerly boundary line of the Spokane Valley Land and Water Company
irrigation canal right of way; thence North 80003'51" West, 313.07 feet upon said Southerly boundary line;
thence North 710 12'51" West, 191.30 feet upon said Southerly Boundary line; thence
North 88O 16'51"West, 614.30 feet upon said Southerly Boundary line; thence North 55036'51" West,
121.07 feet upon the Southwesterly boundary line of said canal right of way to the intersection with the
Washington-Idaho state line; thence North 00024'44" East, 419.08 feet upon said state line; thence
North 42005'46" East, 291.38 feet upon a line parallel with and 11 feet Southeasterly from the
Southeasterly boundary of Tract 182 of Plat 5, East Farms Irrigated Tracts; thence North 51055'48" East,
239.59 feet upon said parallel line; thence North 54048'02" East, 543.36 feet upon said parallel line; thence
North 58023'07" East, 360.21 feet upon said parallel line to the intersection with the North line of said
Section 12; thence South 88057'52" East along said north line, a distance of 153.93 feet; thence
North 51 011'16"East, 615.20 feet; thence North 53030'43" East, 902.00 feet; thence North 49045'45" East,
1108.00 feet; thence North 33000'42" East, 520.00 feet; thence North 40000'44" East, 683.88 feet to the
intersection with the East-West centerline of said Section 1; thence North 88047'55" West, 103.05 feet upon
said East-West centerline to the intersection with the Southeasterly right of way line of U.S. Highway No.
10; thence North 61026'31" East, 746.48 feet upon said Southeasterly right of way line to the intersection
with the East line of said Section 1; thence South 00051'08" West, 370.53 feet upon said East line to the
East Quarter comer of said Section 1, said East Quarter comer being 1 Y2 inch diameter galvanized iron
pipe; thence South 88045'29" East, 1058.88 feet upon the East-West centerline of said Section 6; thence
South 00050'44" West, 2492.58 feet to the intersection with the Northwesterly right of way line of
Interstate Highway No. 90; thence South 61059'19" West, 305.24 feet upon said right of way line to the
intersection with the North line of said Section 7; thence continuing South 61059'19" West, 894.98 feet
upon said right of way line to a monument; thence South 70029'40" West, 8.21 feet upon said right of way
line to the intersection with the West line of said Section 6 and true point of beginning;
EXCEPTING therefrom that property conveyed by Warranty Deed recorded April 18, 1947, in Book 135
of Deeds, Page 98, records of Kootenai County;
ALSO EXCEPTING therefrom any portion of said property lying within highway and roads
ALSO EXCEPTING That portion of the Southeast Quarter of Section 1 and that portion of Northeast
Quarter of Section 12, all in Township 50 North, Range 6 West, B.M, in the City of Post Falls, County of
Kootenai, State of Idaho more particularly described as follows:
Commencing at the Southeast comer of said Section 1, said comer being a Y2 inch rebar, thence
NOo050'24"E along the east line of said section, a distance of 1367.9lfeet, thence S89O47'06"W a distance
of 1.00 feet to its intersection with a line parallel with and a right angle distance of 1.00 feet west of the
East line of said Section 1 and True Point of Beginning of this legal description; thence Sooo50'24"
along said parallel line, a distance of 1104.13 feet to the beginning of a curve concave to the northwest and
having a radius of 30.00 feet; thence south and west along said curve through a central angle of 83033'56"
an arc distance of 43.75 feet to the beginning of a reverse curve concave to the south and having a radius of
1040.00 feet; thence westerly along said curve through a central angle of 28000'49" an arc distance of
508.48 feet to the beginning of a reverse curve concave to the northwest and having a radius of 6960.
, ., '
"EXHIBIT
feet; thence westerly along said curve through a central angle of 03008'35" an arc distance of 381.79 feet to
the beginning of a compound curve concave to the north and having a radius of 30.00 feet; thence westerly
and northerly along said curve through a central angle of 88053'17" an arc distance of 46.54 feet to the
beginning- of a compound curve concave to the east and having a radius of 2960.00 feet, through which
point a radial line bears S58O25'24"W; thence northerly along said curve through a central angle of
09039'57" an arc distance of 499.35 feet to the beginning of a reverse curve concave to the southwest and
having a radius of 6040.00 feet; thence northerly along said curve through a central angle of 03026'44" an
arc distance of 363.22 feet to the beginning of a reverse curve concave to the east and having a radius of
560.00 feet thence northerly along said curve through a central angle of 25024'20" an arc distance of 248.31
feet to the beginning of a reverse curve concave to the west and having a radius of 640.00 feet; thence
northerly along said curve through a central angle of 13048'01" an arc distance of 154.15 feet to a point
through which a radial line bears N76O14'56"E; thence N64O51'10"E a distance of 143.88 feet; thence
NOo049'03"E a distance of 258.00 feet; thence N89O47'06"E a distance of 1190.31 feet to the true point of
beginning.
SEE CASE FILE
FOR MAP(S)