20060615Motion for approval of stipulation.pdf

CECELIA A. GASSNER
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, ID 83720-0074
[phone]
BAR NO. 6977
J ::. I?; (.
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Street Address for Express Mail:
427 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 DBA A VISTA
UTILITIES FOR AN ORDER APPROVING
A CORPORATE REORGANIZATION TO
CREATE A HOLDING COMPANY
AVA FORMA ~RP.
CASE NO. A VU-O6-
A VU-O6-
MOTION FOR APPROVAL
OF STIPULATION
COMES NOW the Commission Staff and Applicant (A vista Corporation) as parties to
the settlement Stipulation and respectfully request that the Commission accept the attached
settlement Stipulation. The parties assert the settlement Stipulation and the accompanying
Commitments are reasonable and in the public interest.
BACKGROUND
On February 16, 2006, Avista filed an Application with the Commission seeking an
order for authority to conduct a corporate reorganization and form a holding company to be known as
A VA Formation Corp. This Commission has the jurisdiction over such request pursuant to Idaho
Code ~ 61-328. The holding company, A V A Formation Corp. (the "Parent Corporation ), would be
MOTION FOR APPROVAL
OF STIPULATION - 1
formed as the parent company of the existing regulated company, A vista Corporation. The Parent
Corporation would also be the parent company of A vista Capital, Inc., which would continue to hold
non-regulated subsidiaries.
Pursuant to the Commission s scheduling Order No. 30026, the parties held an initial
workshop and informal settlement conference on May 16 2006. The settlement discussions have
been open to all parties to this docket. As a result of these settlement discussions, the parties agreed
to settle this matter conditioned upon Commitments made by the Applicant. These Commitments
bind the Applicant and other named entities.
As a result of the settlement negotiations, the parties whose signatures appear on the
signature pages of the Stipulation have reached settlement regarding the issues in this proceeding.
The Stipulation parties submit that the terms of the Stipulation and the accompanying Commitments
are just and reasonable and in the public interest. The parties further maintain that the Commitments
satisfy the statutory standard set out in Idaho Code ~ 61-328.
Staff will file its comments on June 16, 2006, in accordance with the notice of Modified
Procedure set forth in Order No. 30026. The parties to the Stipulation stand ready to support the
Stipulation through the process of Modified Procedure or through such additional process deemed
necessary by the Commission.
) A vista Corporation, doing business as A vista Utilities, is currently the corporate parent. The
proposed structure would make A vista Utilities a separate company under the Parent Corporation
and Avista Corporation would no longer exist as an operating entity.
MOTION FOR APPROVAL
OF STIPULATION - 2
PRA YER
The parties to the Stipulation respectfully request that the Commission grant this Motion
and accept the settlement Stipulation in its entirety. Consistent with the Commission s Rules
274 through 276, the parties stand ready to support the Stipulation.
RESPECTFULLY SUBMITTED this /5~day of June, 2006.
ceceli
Deputy Attorney General
MOTION FOR APPROVAL
OF STIPULATION - 3