20050428Final Order No 29775.pdf

Office of the Secretary
Service Date
April 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 ORDER NO. 29775
CASE NO. A VU-O5-
On March 10, 2005 , A vista Corporation dba A vista 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).
On March 28, 2005, the Commission issued Order No. 29742 requesting that
interested persons file comments regarding the ESSA Agreement no later than April 18, 2005.
Only the Commission Staff filed comments and it recommended that the Commission approve
the ESSA Agreement. Based upon our review, we grant the Application and approve the parties
Agreement.
THE ESSA AGREEMENT
The parties have entered into an agreement pursuant to the Electric Supplier
Stabilization Act (ESSA), Idaho Code ~~ 61-332 et seq.by 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 A vista s Application.
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
Avista and ICLP each have electric setyice 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 I CLP 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. The Agreement is also
ORDER NO. 29775
endorsed by the Developer, Buy-the- W ay LLC. The Developer approves, and agrees to be
bound by, the Agreement.
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(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).
ST AFF COMMENTS
After reviewing the Application and the accompanyIng Agreement Staff
recommended that the Commission approve the Agreement. Staff noted that the Agreement will
allow A vista and ICLP to avoid duplication of services, stabilize their respective servIce
territories and customers, and promote harmony by avoiding interconnection disputes. Idaho
Code ~ 61-332(2).
FINDINGS
Idaho Code ~ 61-333(1) requires the Commission to review consumer allocation
Agreements between public utilities and electric cooperatives. Pursuant to this statute, we must
determine whether the allocation of service territory and future customers is in conformance with
the provisions and the purposes of the ESSA. After reviewing the Agreement and the Staffs
comments, we grant the Application and approve the allocation Agreement. In particular, the
Agreement avoids duplication of services, stabilizes service territories and customers, and
promotes harmony between A vista and ICLP. We further find that both electric suppliers are
willing and able to furnish the requested service. We also note that there was no public
opposition to the Agreement. Based upon these findings, we conclude that the "Agreement to
Release Customer" comports with the purposes of the ESSA.
ORDER NO. 29775
ORDER
IT IS HEREBY ORDERED that the "Agreement to Assign Electric Customers
dated February 16, 2005, between Avista Utilities and Idaho County Light & Power Cooperative
is approved. In addition, the Commission also grants A vista s Application.
THIS IS A FINAL ORDER. Any person interested in this Order 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. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code ~ 61-
626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this :lr
day of April 2005.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~o.~
J a D. Jewell
Cbinmission SeJretary
O:A VUEO504 dw2
ORDER NO. 29775