20060907notice_of_contract_filing.pdf

Office of the Secretary
Service Date
September 7, 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
THOMPSON RIVER CO-GEN, LLC, a
Colorado Company,
COMPLAINANT
vs.
VISTA CORPORATION dba A VISTA
UTILITIES, a Washington Corporation
RESPONDENT.
CASE NO. A VU-O5-
NOTICE OF CONTRACT FILING
NOTICE OF
MODIFIED PROCEDURE
NOTICE OF
COMMENT/PROTEST DEADLINE
On August 30 2005, Thompson River Co-Gen, LLC (Thompson River; TRC) filed a
Complaint against Avista Corporation dba Avista Utilities (Avista; Company) with the Idaho
Public Utilities Commission (Commission). TRC is a cogeneration facility located in Thompson
Falls, Montana. TRC represents itself to be a self-certified qualifying facility (QF) as defined by
the Public Utility Regulatory Policies Act of 1978 (PURP A). TRC requested an Order requiring
Avista to immediately complete the purchase of TRC's energy at the published non-Ievelized
rate for fueled projects that under normal and average design conditions generate no more than
10 aMW in any given month.
On March 13, 2006, the Commission was apprised by Staff that pursuant to
settlement discussions A vista and Thompson River had reached an agreement in principle on the
substantive terms of a power purchase contract. A scheduled technical hearing was vacated.
YOU ARE HEREBY NOTIFIED that on August 31 , 2006, Avista and Thompson
River filed a Joint Petition in Case No. A VU-05- 7 requesting approval of a negotiated 20-year
Power Purchase and Sale Agreement (Agreement) dated August 25 , 2006.
TRC is a Montana corporation that operates a thermal wood waste/coal generation
facility power plant located at Thompson Falls, Montana. The TRC facility is capable of
generating up to approximately 13 MW of energy. Avista will be the sole purchaser of TRC's
generation. The maximum annual amount of electric power that A vista is obligated to purchase
under the Agreement is 105 000 MWh.
NOTICE OF CONTRACT FILING
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINE
For all Net Delivered Output received by Avista that is not Surplus Energy, Avista
shall pay $58.50 per MW hour. For all Surplus Energy, Avista shall pay the current month'
market energy cost per MW hour or the net delivery output purchase price, whichever is lower.
The power purchase rates are negotiated as a reasonable compromise to resolve their dispute and
do not represent a levelized rate calculated from published avoided cost rates.
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filings
of record in Case No. A VU-05-07 and the submitted August 25 2006 20-year Power Purchase
and Sale Agreement. The Commission has preliminarily found that the public interest in this
matter may not require a hearing to consider the issues presented and that issues raised in the
Joint Petition for approval of the Agreement may be processed under Modified Procedure
by written submission rather than by hearing. Reference Commission Rules of Procedure
IDAPA 31.01.01.201-204.
YOU ARE FURTHER NOTIFIED that the deadline for filing written comments or
protests with respect to the submitted August 25 , 2006 Power Purchase and Sale Agreement
between Avista and TRC and the use of Modified Procedure in Case No. A VU-05-07 is
Friday, October 6, 2006.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are
received within the deadline, the Commission may consider the matter on its merits and may
enter its Order without a formal hearing. If comments or protests are filed within the deadline
the Commission will consider them and in its discretion may set the matter for hearing or may
decide the matter and issue its Order based on the written positions before it. Reference IDAP
31.01.01.204.
YOU ARE FURTHER NOTIFIED that written comments concerning Case
No. A VU-05-07 should be mailed to the Commission, A vista and TRC at the addresses
reflected below.
NOTICE OF CONTRACT FILING
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINE
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
For Avista Corporation:
Street Address for Express Mail:
David J. Meyer
Vice President, Chief Counsel for Regulatory
and Governmental Affairs
A vista Corporation
PO Box 3727
1411 E. Mission Avenue
Spokane, W A 99220-3727
E-mail: dmeyer~avistacorp.com
472 W. Washington Street
Boise, ID 83702-5983
For Thompson River Co-Gen:
Peter J. Richardson
Richardson & O'Leary, PLLC
515 N. 27th Street
Boise, ID 83702
E-mail: peter~richardsonandoleary .com
Michael J. Uda
44 W. 6th Avenue, Suite 200
Helena, MT 59601
E-mail: muda~doneylaw.com
All 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 home page 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 A vista and TRC at the e-mail addresses listed
above.
YOU ARE FURTHER NOTIFIED that the Application in Case No. A VU-05-
may be viewed at www.puc.idaho.gov by clicking on "File Room" and "Electric Cases " or can
be viewed during regular business hours at the Idaho Public Utilities Commission, 472 W.
Washington Street, Boise , Idaho and at the Idaho offices of Avista Utilities.
NOTICE OF CONTRACT FILING
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINE
DA TED at Boise, Idaho this day of September 2006.
Je D. Jewell
Co mission Secretary
bls/N:A VU-O5-07 sw4
NOTICE OF CONTRACT FILING
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINE