20050412Comments.pdf

'""'
C 1 \) ~ 0t. L L. ~t' L-flJ
DONOVAN E. WALKER
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 5921
l t_
" pOh \? Mz\ \ \ :\ 8
.:.UUu Fd
. , .. .' ~. .' ,-', \
1 \
..-
UT\l\':ES.' Cci~~~M\SS\QN
Street Address for Express Mail:
472 W. WASHINGTON
BOISE, ID 83702-5983
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
VISTA CORPORATION TO APPROVE AN
AGREEMENT TO ASSIGN ELECTRIC
CUSTOMER WITH IDAHO COUNTY LIGHT& POWER COOPERATIVE.
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, respectfully submits the following
comments in response to Order No. 29742, issued on March 28, 2005. Staff recommends that
the Commission approve the ESSA Agreement between Avista and Idaho County Light &
Power.
THE APPLI CA TI 0 N
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
STAFF COMMENTS APRIL 12, 2005
Stabilization Act (ESSA) and specifically Idaho Code ~ 61-333(1). The parties request that their
Application be processed under Modified Procedure.
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 the Company 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 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.
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).
STAFF RECOMMENDATION
Staff believes the February 16, 2005 Agreement between Avista and Idaho County
Light & Power to allocate service territories and future consumers 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.
STAFF COMMENTS APRIL 12, 2005
Respectfully submitted this ft\ day of April 2005.
Donovan E. Walker
Deputy Attorney General
Technical Staff: Dave Schunke
i :umisc/comments/avueO5 Adwdes
ST AFF COMMENTS APRIL 12, 2005
CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 12TH 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:
BRIAN HIRSCHKORN
MANAGER, PRICING
RATES & REGULATIONS
VISTA CORPORATION
PO BOX 3727
SPOKANE W A 99220-3727
E- mail brian.hirschkorn(illavistacorp. com
IDAHO COUNTY LIGHT & POWER
PO BOX 300
GRANGEVILLE ID 83530-0300
SECRETARY
CERTIFICATE OF SERVICE