20051118Notice of filing amended answer.pdf

THE LAW OFFICE OF
PAINE, HAMBLEN, COFFIN, BROOKE &MIL~~~httr
7 I 7 WEST SPRAGUE AVENUE
SUITE 1200
SPOKANE, WASHINGTON 99201-3505
[phone]
FAX: [phone]
www.painehamblen.com
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November 16, 2005
Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472 West Washington
Boise, ID 83702
RE:Thompson River Co-Gen v. Avista Corporation
Case No. A VU-OS-
Dear Ms. Jewell:
Please find enclosed for filing the original and seven (7) copies of a Notice of Filing
Amended Answer by A vista Corporation, and Amended Answer. I have also enclosed one extra
copy to be conformed and returned in the enclosed self-addressed stamped envelope.
Thank you for your assistance.
Very truly yours
PAINE, HAMBLEN, COFFIN, BROOKE
& MilLER LLP
~~~
Paralegal to R. Blair Strong
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Enclosurecc: Scott Woodbury (w/encl.)
Limited Liability PartnershiP
Offices in Spokane oCoeur d'Aleneo Kennewick
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David 1. Meyer
Vice President and Chief Counsel for
Regulatory & Governmental Affairs
A vista Corporation
1411 E. Mission Avenue, MSC-
PO Box 3727
Spokane, W A 99220-3727
[phone]
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Respondent.
CASE NO. A VU-05-
THOMPSON RIVER CO-GEN, a
Colorado Company,
Complainant
vs.
A VISTA CORPORATION, a Washington
Corporation
NOTICE OF FILING AMENDED ANSWER
BY AVISTACORPORATION
Avista Corporation ("Avista ) herby gives notice that it is filing an Amended Answer
which is filed herewith. The Amended Answer contains two changes:
1 )Paragraph lO(g) of Section II, AFFIRMATIVE DEFENSES, General Allegations
of All Affirmative Defenses, contained in the original Answer, alleged that, IITRC would not
agree to an A vista right to terminate the agreement for failure to achieve minimum delivery
requirements. II Upon further review subsequent to the filing ofthe Answer, it appears that TRC's
proposed contract addressed minimum delivery issues in a later section ofTRC's proposed
contract document, but with some additional language requiring a notice by A vista and a time to
cure period. Therefore, A vista amends Paragraph lO(g) of Section AFFIRMATIVE
DEFENSES, General Allegations of All Affirmative Defenses, by substituting the following:
NOTICE OF FILING AMENDED ANSWER
BY A VISTA CORPORATION - 1
TRC requires that A vista provide notice and allows Thompson River Co-Gen a period
of time in which to cure its default prior to A vista exercising its right to terminate the
agreement for failure to operate the Facility in accordance with certain minimum
criteria. "
The last sentence of Paragraph 11 of Section , AFFIRMATIVE DEFENSES
General Allegations of All Affirmative Defenses inadvertently omitted the word IIten.II When
corrected the sentence reads as follows:
The failure of TRC to appropriately measure the "net output" as required by FERC
would allow its project, in effect, to produce greater than ten megawatts , even if
measured on an average monthly basis, while claiming an entitlement to be paid for its
power as though it were a ten megawatt or less project.
A vista files herewith its Amended Answer which contains the amendments referred to above.
RESPECTFULLY SUBMITTED this.l.S....- Gay of November, 2005.
A VIST A CORPORATION
2!/
'D'J. Meyer
Vice President, Chief Counsel For
Regulatory and Governmental Affairs
00355901.doc
NOTICE OF FILING AMENDED ANSWER
BY A VISTA CORPORA nON - 2
STATE OF WASHINGTON)
County of Spokane
: ss.
R. BLAIR STRONG, being first duly sworn on oath, deposes and says:
That I am now and at all times herein mentioned was a citizen of the United States and a
resident of the State of Washington, , over the age of 18 years, not a party to this action; that on
Nov II:., 2005 , I personally caused to have served copies of NOTICE OF FILING
AMENDED ANSWER BY A VISTA CORPORATION as follows in the above-entitled action:
Jean Jewell S. Mail
CommissIOn Secretary Hand Delivery
472 W. Washington Facsimile
Boise, ID 83702-5983 Overnight Mail
Facsimile: 208-334-3762
Peter 1. Richardson, ISB# 3195 v--u.S. Mail
Richardson & O'Leary PLLC Hand Delivery
515 N. 27th Street Facsimile
Boise, ID 83702 Overnight Mail
Facsimile: 208-938-7904
Mike Uda L./'" U.S. Mail
Doney, Crowley, Blumquist, Payne & Uda Hand Delivery
Suite 200 Facsimile
Diamond Block Overnight Mail
Helena, MT 59601
13
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R. Blair Strong
II fA- /VOVtnl bey"
SIGNED and SWORN TO before me this day of Octob8f, 2005.
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NOTARY PUBLIC in and for the State of
Washington, residing in Spokane.
Commission Expires: 12/01/2006
NOTICE OF FILING AMENDED ANSWER
BY A VISTA CORPORATION - 3