20050418Comments.pdf

DONOV AN E. WALKER
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 5921
Street Address for Express Mail:
472 W. WASHINGTON
BOISE, IDAHO 83702-5983
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
VISTA CORPORATION TO APPROVE
AGREEMENT TO RELEASE CUSTOMER
WITH INLAND PO WE R & LIGHT CO MP ANY
CASE NO. A VU-O5-
COMMENTS OF THE
COMMISSION STAFF
The Staff of the Idaho Public Utilities Commission, by and through its Attorney of
record, Donovan E. Walker, Deputy Attorney General, in response to the Notice of Application
and Notice of Modified Procedure issued on March 28 , 2005 , submits the following comments.
BACKGROUND
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).
Idaho Code ~ 61-333(1) provides that electric suppliers may contract for the purpose
of "allocating territories, consumers, and future consumers... and designating which territories
and consumers are to be served by which contracting electric supplier." Under the ESSA, both
ST AFF COMMENTS APRIL 18 2005
Avista 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).
STAFF ANALYSIS
A vista 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.
Application.
The Agreement and property description are attached to the Company
RECOMMENDATION
Staff believes the January 25, 2005 Agreement between Avista and Inland Power and
Light Company to release a customer is in conformance with the provisions and purposes of the
ESSA. More specifically, the Agreement will allow the parties to avoid duplication of services
stabilize service territories and customers, and promote harmony by avoiding interconnection
disputes. Idaho Code ~ 61-332(2). Staff recommends that the Agreement be approved.
ST AFF COMMENTS APRIL 18, 2005
Respectfully submitted this 11t1.. day of April 2005.
onovan E. Walker
Deputy Attorney General
Technical Staff: Dave Schunke
i :umisc :comments/avueO5 .3kdfdes
STAFF COMMENTS APRIL 18 , 2005
CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 18TH DAY OF APRIL 2005
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. AVU-05-, BY MAILING A COpy THEREOF POSTAGE PREPAID, TO
THE FOLLOWING:
BRUCE FOLSOM, MANAGER
REGULATORY COMPLIANCE
VISTA CORPORATION
PO BOX 3727
SPOKANE WA 99220-3727
E-mail bruce.folsomCfYavistacorp.com
SUSAN BALDWIN
ACCOUNT EXECUTIVE, MARKET
SERVICES
VISTA CORPORATION
PO BOX 3727
SPOKANE WA 99220-3727
E-mail susan. baldwinCfYa vistacorp. com
SECRET AR
CERTIFICATE OF SERVICE