20050328Notice of Application Order No 29742.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 ASSIGN ELECTRIC
CUSTOMER WITH IDAHO COUNTY
LIGHT & POWER COOPERATIVE
CASE NO. A VU-O5-
NOTICE OF APPLICATION
NOTICE OF MODIFIED
PROCEDURE
ORDER NO. 29742
On March 10, 2005, Avista Corporation dba Avista Utilities filed an Application to
approve an Agreement to Assign Electric Customers with Idaho County Light & Power
Cooperative (ICLP). The parties
' "
Agreement to Assign Electric Customers" is dated February
, 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 the parties have entered into an agreement
pursuant to the Electric Supplier Stabilization Act (ESSA), Idaho Code ~~ 61-332 et seq.
which ICLP has agreed to relinquish its electric service rights to serve any portion of the
Crimson Ridge Subdivision, Phase I, located in Idaho County. The Agreement and property
description are attached to the Company s Application.
YOU ARE FURTHER NOTIFIED that Buy-The-Way LLC (Developer) is
developing residential building sites in the Crimson Ridge Subdivision, Phase I, consisting of 32
large lots. The Application states that A vista and ICLP each have electric service rights under
the ESSA to provide electric service to certain portions of the development. The Developer has
requested that A vista provide electric service to the entire development. Through the Agreement
ICLP has released its electric service rights to serve any portion of the development. 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.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 29742
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
consumers. . and designating which territories and consumers are to be served by which
contracting electric supplier." Under the ESSA, both 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(I). 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, 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 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-05-4. 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. 29742
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-05-4 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.
Street Address For Express Mail:
472 W. Washington Street
Boise, ill 83702-5983
Brian Hirschkorn
Manager, Pricing Rates & Regulation
A vista Corporation
1411 E. Mission Avenue
Spokane, W A 99220
E- mail: brian.hirschkorn~avistacorp. com
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
These comments should contain the case caption and case number shown on the first page of this
document.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 address listed above.
FINDINGS AND CONCLUSIONS
The Idaho Public Utilities Commission has jurisdiction over A vista, its Application
to Assign Electric Customers, and the issues involved in this case by virtue of Title 61 , Idaho
Code, specifically Idaho Code ~~ 61-129, 61-333(1) and 61-334B, and the Commission s Rules
of Procedure, IDAP A 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, i., 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. 29742
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 ;). 8' tf-
day of March 2005.
~d~
MARSHA H. SMITH, COMMISSIONER
ATTEST:
r JJe D. Jewell
ission Secretary
O:A VUE0504
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 29742