20050328Notice of Application Order No 29741.pdf

Office of the Secretary
Service Date
March 28, 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF A VISTA CORPORATION TO APPROVE
AGREEMENT TO RELEASE CUSTOMER
WITH INLAND POWER & LIGHT
COMP ANY
CASE NO. A VU-O5-
NOTICE OF APPLICATION
NOTICE OF MODIFIED
PR OCED URE
ORDER NO. 29741
On February 17, 2005 , Avista Corporation dba Avista Utilities filed an Application
seeking the Commission s approval of a contract between A vista and Inland Power & Light
Company (Inland Power) to release a customer. The parties
' "
Agreement to Release Customer
is dated January 25 , 2005. The Agreement was executed pursuant to the provisions of the
Electric Supplier Stabilization Act (ESSA) and specifically Idaho Code ~ 61-333(1). The parties
request that their Application be processed under Modified Procedure.
THE APPLICATION
YOU ARE HEREBY NOTIFIED that Avista and Inland Power have proposed an
agreement whereby Inland Power has agreed to relinquish the right to serve the West Bonner
Library Districts ' new facility located in Spirit Lake , Idaho. The West Bonner Library District
intends to construct a library in Spirit Lake. A vista has existing service lines near the property;
however, Inland Power s existing service lines are closer and therefore it had the right to serve
the customer. Based upon the physical location of Inland Power s infrastructure, with a building
in the way of the service access, its cost to serve the new library would be substantially more
than A vista s cost to serve. The Application states that the Agreement is in the best interest of
the customer, will avoid duplication of facilities, avoid disputes between parties, and provides
the consumer with the best possible service. The Agreement and property description are
attached to the Company s Application.
YOU ARE FURTHER NOTIFIED that Idaho Code ~ 61-333(1) provides that
electric suppliers may contract for the purpose of "allocating territories, consumers, and future
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 29741
consumers. . and designating which territories and consumers are to be served by which
contracting electric supplier." Under the ESSA, both A vista and Inland Power are defined as
electric suppliers. Idaho Code ~ 61-332A(4). After notice and opportunity for hearing, the
Commission may approve agreements allocating service territories and customers between
electric suppliers only upon finding that the allocation is in conformance with the purposes of the
ESSA. Idaho Code ~~ 61-333(1), 61-334B(1). The purposes of the ESSA are to: discourage
duplication of facilities; prohibit the "pirating" of consumers; stabilize service territories and
consumers; and promote harmony between electric suppliers. Idaho Code ~ 61-332(2).
YOU ARE FURTHER NOTIFIED that the Application, together with supporting
workpapers , testimonies and exhibits, (if any) has been filed with the Commission and is
available for public inspection during regular business hours at the Commission offices. The
Application and testimonies (excluding exhibits) are also available on the Commission s Website
at www.puc.idaho.gov under the "File Room" icon.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filing of
record in Case No. A VE-05-3. The Commission has preliminarily determined that the public
interest may not require a hearing to consider the issues presented in this case and that issues
raised by the Company s filing may be processed under Modified Procedure , by written
submission rather than by hearing. IDAPA 31.01.01.201-204. In so doing, the Commission
notes that Modified Procedure and written comments have proven to be an effective means for
obtaining public input and participation.
YOU ARE FURTHER NOTIFIED that the Commission may not hold a hearing in
this proceeding unless it receives written protests or comments opposing the use of Modified
Procedure and stating why Modified Procedure should not be used. IDAP A 31.01.01.203.
YOU ARE FURTHER NOTIFIED that if no protests or written comments are
received within the deadline, the Commission will consider the matter and enter its Order
without a hearing. If protests or comments are filed within the deadline, the Commission will
consider them and may, in its discretion, set the matter for hearing or decide the matter and issue
its Order on the basis of the written positions before it. IDAPA 01.01.01.204.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 29741
NOTICE OF COMMENT/PROTEST DEADLINE
YOU ARE FURTHER NOTIFIED that the deadline for filing written comments
or protests with respect to the Application and the Commission s use of Modified Procedure in
Case No. A VE-05-is 21 days from the service date of this Order. Persons desiring a
hearing must specifically request a hearing in their written protests or comments.
YOU ARE FURTHER NOTIFIED that written comments concerning this case
should be mailed to the Commission and to the Company at the addresses reflected below.
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Street Address For Express Mail:
472 W. Washington Street
Boise, ID 83702-5983
Bruce Folsom
Manager, Regulatory Compliance
Susan Baldwin
Account Executive, Market Services
A vista Corporation
1411 E. Mission Avenue
Spokane, W A 99220
E-mail: bruce.folsom~avistacorp.com
E-mail: susan. baldwin~avistacorp .com
document.
These comments should contain the case caption and case number shown on the first page of this
Persons desiring to submit comments via e-mail may do so by accessing the
Commission s homepage located at www.puc.idaho.gov. Click the "Comments and Questions
icon, and complete the comment form, using the case number as it appears on the front of this
document. These comments must also be sent to the Applicant at the addresses listed above.
FINDINGS AND CONCLUSIONS
The Idaho Public Utilities Commission has jurisdiction over Avista, its Application
to approve Agreement Releasing Customer, and the issues involved in this case by virtue of Title
, Idaho Code, specifically Idaho Code ~~ 61-129, 61-333(1) and 61-334B, and the
Commission s Rules of Procedure, IDAPA 31.01.01.000 et seq.
The Commission has preliminarily determined that the public interest may not
require a hearing to consider the issues presented in this case, and that issues raised by the
Company s filing may be processed under Modified Procedure , by written submission
rather than by hearing. IDAPA 31.01.01.201-204. In so doing, the Commission notes that
Modified Procedure and written comments have proven to be an effective means for obtaining
public input and participation.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 29741
ORDER
IT IS HERBY ORDERED that this case be processed under Modified Procedure.
Persons interested in submitting written comments regarding this case or protesting the use of
Modified Procedure should do so no later than 21 days from the service date of this Order.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 2.
day of March 2005.
J~~
ARSHA H. SMITH, COMMISSIONER
ATTEST:
J ,D. Jewell
Commission Secretary
O:A VUEO503 dw
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 29741