20060907Application.pdf

ECE\\fEOAvista Corp.
1411 East Mission P.O. Box 3727
M~ 9: Spokane. Washington 99220-050~UUb SE? -
Telephone [phone] ,~ j CToll Free 800-727-9170 . \Of\\10 P\J~~\SS\ON
UT\L\i\ES CO
~~'
JiI'STA.
Corp.
September 7, 2005
A \/u
-06-
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
Statehouse Mail
W. 472 Washington Street
Boise, Idaho 83720
Dear Ms. Jewell:
A vista Utilities submits for approval by the Commission the original and seven copies of
its "Application of Avista Corporation to Approve Agreement Allocating Territory
with Northern Lights.This submittal is pursuant to the Idaho Electric Supplier
Stabilization Act (Lc. ~ 61-332 et. seq.
Please direct any questions on this matter to Susan Baldwin at [phone] or myself
at [phone].
Sincerely
Linda Gervais
Regulatory Analyst
Avista Corp.
linda. gervais~avistacorp. com
Marc Shaffner, A vista
Susan Baldwin, A vista
enclosure
BRIAN HIRSCHKORN
MANAGER, PRICING
A VISTA CORPORATION
O. BOX 3727
1411 EAST MISSION AVENUE
SPOKANE, WASHINGTON 99220-3727
TELEPHONE: [phone]
FACSIMILE: [phone]
RECEIVED
200b SEP -1 AM 9: 5&
IDAHO Pl)8L.\C
UTIL\TIES corM.JIlSSIOtJ
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF A VISTA CORPORATION TO APPROVE
AGREEMENT ALLOCATING TERRITORY
WITH NORTHERN LIGHTS , INC.
CASE NO. AVU- O~-
APPLICATION OF
AVISTA
I. INTRODUCTION
A vista Corporation doing business as A vista Utilities (hereinafter A vista or
Company), at 1411 East Mission Avenue, Spokane, Washington, respectfully requests that
the Commission approve the enclosed Customer Allocation Agreement (Attachment 1) with
Northern Lights, Inc. (hereinafter referred to as Northern Lights), sometimes hereinafter
referred to individually, as a "Party", and collectively, as the "Parties
The Parties have entered into an agreement pursuant to the Idaho Electric Supplier
Stabilization Act) "lESS", Idaho Code ~~ 61-332 et seq. in order to allow Avista to supply
electric service to Northern Lights customer Treeland Partners LLC (the "Developer
Northern Lights currently provides electric service to two (2) adjacent structures in
the northeasterly portion of the Development, these structures are currently scheduled for
demolition. A portion of a new road that will be located within the Development will
traverse the property at the demolition site. The Developer has requested that Northern
Lights remove its electric facilities from the demolition site to enable the construction of the
access road. Once Northern Lights removes its electric facilities at the demolition site
Avista will be the closest utility to the majority of the thirty-four lots within the development.
Northern Lights has agreed to relinquish the right to serve the Development's thirty-
four (34) lot parcel of land in Sandpoint, Idaho to A vista, development plan and preliminary
plat map enclosed as "Exhibit B."
Per the attached Agreement (Attachment 1), the Developer has requested A vista to
provide the backbone infrastructures to provide electric and natural gas services to the entire
Development. Northern Lights has agreed to allow Avista to provide service to the entire
Development as it is in the best interest of the Developer, Northern Lights, and Avista.
The Company requests that this filing be processed under the Commission s Modified
Procedure rules.
Communications in reference to this Application should be addressed to:
Linda Gervais
Regulatory Analyst
State and Federal Regulation
A vista Corporation
1411 E. Mission Avenue
Spokane, Washington 99220
Phone: [phone]
Fax: [phone]
linda. gervais~avistacorp. com
II. PROPOSED ASSIGNMENT
Through the proposed Agreement, Northern Lights has released its electric service
rights of the Developer, and has authorized A vista to serve the property. A vista, by and
through its usual procedures, will provide the backbone infrastructures that will supply
Application of A vista Corporation
electric and natural gas services to the entire Development, in accordance with the lESS and
subject to the schedules and Rules and Regulations of A vista on file with the Commission
including Schedules 51 and 151 , in effect at the time electric and natural gas service is
provided to the Development.
III. REQUEST FOR APPROVAL
A vista, therefore, respectfully requests approval of the "Customer Allocation
Agreement" so that A vista can provide the backbone infrastructures for electric and natural
gas services to the entire Development. A vista believes that the Agreement is in the best of
the Customer, it will avoid duplication of facilities, avoid disputes between parties, and
provide the consumer with the best possible service.
Dated at Spokane, Washington this 7th day of September 2006.
A VISTA CORPORATION
c;f
Brian Hirschkorn
Manager, Pricing
State and Federal Regulation
Application of A vista Corporation
Avista Contract No. M-12946
CUSTOMER ALLOCATION AGREEMENT
THIS AGREEMENT is entered into by and between Avista Corporation dba Avista Utilities
(hereinafter refeITed to as "Avista ), and Northern Lights, Inc.. (hereinafter refeITed to as "Northern
Lights"), sometimes hereinafter refeITed to individually, as a Party , and collectively, as the "Parties
RECITALS:
WHEREAS, Treeland Partners LLC (hereinafter refeITed to as the "Developer ) owns property located
on the east side of Boyer Road in Sandpoint, Idaho, better described as the NE 1,4 of Section 10, Range 57
North, Township 2 West (hereinafter refeITed to as the "Development
WHEREAS, Northern Lights cuITently provides electric service to two (2) adjacent structures in the
northeasterly portion of the Development, which structures are scheduled for demolition in early April
2006 (the "Demolition Site
WHEREAS, a portion of a new road that will be located within the Development will traverse the
property at the Demolition Site described above;
WHEREAS, Developer has requested that Northern Lights remove its electric facilities from the
Demolition Site to enable Developer to construct the access road described herein;
WHEREAS, once Northern Lights removes its electric facilities at the Demolition Site, A vista will be
the closest utility to the majority of the thirty-four (34) lots within the Development;
WHEREAS, Developer has requested A vista to provide the backbone infrastmctures to provide electric
and natural gas services to the entire Development, which request is attached hereto and incorporated
herein as "Exhibit A"
WHEREAS, Northern Lights has agreed to allow A vista to provide electric servIce to the entire
Development; and
WHEREAS, it is in the best interest of the Developer to have a single source-utility provider to serve the
Development;
NOW, THEREFORE, in consideration of the covenants and agreements herein contained, IT IS
AGREED AS FOLLOWS:
The Recitals set forth above are an integral part of this Agreement. and are incorporated herein for
all legal intents and purposes.
. .
For the reasons set foith above in the Recitals, the Parties agree to allow A vista to extend its
facilities to provide electric service to the Development. The map which sets forth the existing and
proposed electric utility infrastructures is attached hereto and incorporated herein as "Exhibit B"
This Agreement is . subject to the approval of the Idaho Public Utilities Commission
Commission
)~
Avista shall prepare :an.d submit the applicatioI1':fbrapproval before the
Commission, aIid.N"orthern Lights shall joinip,ipr otherwise cooperate,iI;1;:t9.e application; provided,.
however, that th(tParties shall support thl~'Agr.eement and associate(~ii::'i::tricservice rights with
their existing customers.
. ... ... ",..,
Page lof2
, ,
Avista Contract No. M-12946
In the event the Commission does not approve the customer allocation. and associated electric
service rights described herein, then this Agreement shall be void ab initio, and the Parties agree to
renegotiate an agreement that is ultimately acceptable to the Commission.
If approved by the Commission, this Agreement shall be binding upon the Parties , their successors
and/or their assigns.
. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed in duplicate
by the respective officers hereto, duly authorized as of the date first above written.
A vista Corporation
dba A vista Utilities
(Signature)~~N Iff) 11/1
(Printed Name)
E A/ar;7 So
'-
w "V~,vS
(Title)
C? /t;?/oc,
n1tC'.
(Sig atur c:::. 1 \ L
'=-
/1 ~...J 11 c JJ
(Printed e) erG me YJaq
("
(Title)
1 D4jc6
d-~
(Date)(Date)
Agreement of TreelandPartners LLC:
The undersigned represents that he/she is an authorized representative of Treeland Partners LLC
Developer ) with full authority to bind the Developer hereunder. The undersigned acknowledges and
represents that he/she has reviewed the foregoing Agreement between Avista and Northern Lights
approves of its content, and signs it voluntarily as their own free act and deed, fully intending to be
bound by same.SlG
\lEi~l/V1.
(Signature)
()~\....a )\It. M.L~B"'tI.c...,
(printed Name)
1) UA.A.
(Title)
lR- ~~. 01,
(Date)
:"..".: "..,:..; .::.'.;.::'. .:'
Page 2 of 2
06/07/200,6 14:21 F~ ,208,769 1898 AVISTA UTILITIES f4I 0011005
' ,
(!lev. 1-99)
EXHIBIT A RESIDENTIAL ELECTRIC/GAS DEVELOPMENT
APPLICATION FOR ELECTRIC LINE EXTENSION AND SERVICE
The Customer described helow hereby requssts that AVi:rta Utilities design and determines the cost to install facilities to
supply eIB~C servics in accordanC2 with its UhEl Extension, Conversion and Raloc;ation Schedwe 51.
ELECTRIC DEVELOPMENT DATA
A.. IDENTJ~ICATION .
1. Name (If Development S lin Creek
2. Location East side crf Bover Ave , across from air!Jort runway
township 57N Range 2).N SeC1;ion 1!1 Qtr Sec' NE1/43. Devefoper'.s Name Lam! and June Toppenbul"Cl. Don and Jovca Til'lseth. Dale 3f1d Wanda Mlcetic
8illing Address 4576 E.. Encinas Ave. Hlqlev. AZ 85236 Phone [phone]
5. Consultant's Name
Address Phone
6- E:nglneering Arm s Name James A. Sewell and Associates
Address 9 S. Washim~ton. Suite 70B, Spokane. WA99z01 .
Phon8 509--747-57S4
7- Date Bectric SeJilice Required (Estimate based on completion of sewer and water) 5/15106
8. Is previous extension less than fIve years old? N/A 0 Yes 0 No 0 Don't Know
9. Is natural gas a consideration for this development? X Yes 0 No
B. PLAT
1. Provide final plan approved by proper government authorities. X Attached
2. Provide penciled boundary line around propOsed development area on plat-
3. Provide a street Tight locatio" plan.0 Attached 0 Not applicable
4- Provide street profile & water, sewer and drainage plans. 0 Attached
Date to be sent
Not appli~bie
PENDING
2-10-06
5. Provide plans for building elevatiollS, and landscape plans- (For Apts. or Small Commerci:a! Loads)
0 Attached Not appliC&b!e
C. TYPE OF DEVELOPMENT
1- Residential
X Single Family (including modular)
Mobile Home (mc!uding traile~)
a Mujti Family
Number of dwellings (lots or spaces)
Number of dwellings (Jots or spaces)-
Number of dwellings (lots or spaces)
2. 9 ApaJtment or 0 Small Commercial
~~'
I';'~~r,!Ofsaparatestructu~'
: '
b. Nlrmber of units pel" $ructure
. .
~~'~~'n~~~ ~~.. .. r~~,_-
,-- ----- ~_.-
06/07/2006 14: 21 F,~x. . 208 ,769 1898 AVISTA UTILITIES I4J 002/005
EXHIBIT A
3. Other Requirements fer provisions:
Yes Load Yes
e- Entry Gates
t. Sign Ugtrting
g. Sprinkler Controls
Load
a. Swimming Pool
b. Recteation Building 0
c. Pumping or Disposal X 2~1ho
d. Street/Area LIghting x:
D. LOAD DATA Lift Station: 277-480
1. Voltage required Residential: 120-240
2. Residentiallieatlng Load
a. a Electric: a Fum3~s 0 Baseboards a Heat Pumps 0 Air ConditIoning
b. 0 Gas: 0 Furnaces 0 Water Heaters 0 Ffiteplace !m5erts
c. 0 Other Unknown at this tirne
3. Apartments Dr Small Commercial Loads
G. Attach breakdoWil ofloads for each structure, including 'electrical and mechanical plans
11tm1SQW h. Other
Three
Sil"1Qle
phase, -Lwi~
phase -L wire.
E. RIGHTS OF WAY
1. X Utility Easement incJuded In approved plat
2. 0 Developer wlIf obtain easements
3. 0 Avi5ta Utilities will obtain easements at developer's expense
F. MISCELLANEOUS
1. Avista Utili~ies to provide tl'encning? 0 Yes
2, Have you contacted the Phone Company? 0 Yes
3. Have you contacted the cable TV Company? 0 Yes
4. Type of electric requested: 0 Overhead X Underground
. Total project size (lots ill addition 10 this developmerrt) No other lots (41 total)
6. Expected date sewer~o be completed 15106
7. Expected dB~e water to be completed 511 SIO6
8. Expected date site to be within six inches of filtal grade 6/0 /00
X No
XNo
X No
G, SPECIAL PROVISIONS
AVISTA UTILITIES
100 N LINCOLN
SANDPOINT. IDAHO 83864
!" '
CUSTOM~R. ,NAME OR -..
COMPANY -0 0 )...) 1 N~h::: TH,
ADDRESS 4,?b F-epj~rIUA'; Ave
, .. ":'.! ." ." '
nn.n_.n~nn m~~.. ,. r~".~" u~ -..-, r-~n-
06/07/2006 14: 21 F.A"X. ,208 .769 1898 VISTA UTILITIES l4J 003/005
:;--:
PREVIOUS EXTENSION NO.
NEW EXTENSION NO,
1J l E.-t lE Y , A~ 5~2..~(p
1) C(d
"2-....
\~~
0(0
EXHIBIT A if
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"n "'M ,on"" "".,r.. '.1..'. rmv rnv "" ..", M, r", "nq
06/07/20Q6 14: 26 FAX 20B .769 189B AVISTA UTILITIES
M~r:.. 2006 11: 59AM' JASEWELL 8c ASSC.2082635229
!4J004/005
JUN!~ /200 I/THU 10: 20
...:-----.;~ '
~POINT TITLE . FAX No, 1 208 265 4040 P. 004
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2,7./J
f..dv ( " l' ~~ ,
CAiHER1NE l. DULlEA, CHTD.
Attomey at Law
101 North Fourth Avenue Suite 204
Sandpcint, JD 838M
PHONE:[phone]
FAX: [phone] " 6'72978
If EXHIBIT A
FILED BY
INT't11lf IuSURANC!:SAwn Z~MAR 25 I P q: 08Y' t1,.\(HE SCI,n
::~~~!i ttY..IN1Y iiECOi\Xi1
~-- _._.
DePUTY
WARRANTY D.EEQ
FOR VALUE RECeiVED LODI Z. CARLSON, a married woman. and asTrustee 10 the interests of Tam! D. Canson and Ryan D. Carlson. and TAMf D.rERREY, a married WOMan, shcWrJ of record ~s Tami D. Car1son. and. RYAN D-. CARLSON, 'married man . as 8enef1ciafJes under Trust referenced, by. Instrument No. 176785 and 33.2651, recoltls of, Bonner County, Idaho, theGrantors, do hereby GRANT, BARGAIN, SELL and CONVEY Uhto LARRYTOPPENBERG and JUNE TOPPENBERG. husband and wife, as to, an ,undivided one...third jnl&rest, and DON TJN5ETH and JOYCE TJNSETH. husbandand wife, as to an undivided one4hirointerest, and DAlE M. MJCETfC, ANDWANDA S. MrCETJe, TRUSTEES OF THE MICETIC FAMilY TRUST, as to aDundivided ene-half Interest, the Grantees, of clo 1340 N. Hazelton.. Chandlf!r85226, the foUowing described rea! property situate in the County of Bonner.State i)f Idaho. to wit
The North Half of the South Hatf of the Southwest Quarter of the
Northeast Quarter of 8ect2on 10t Township 57 North, Range .2 West,
BoIse Meridian, Bonner County, Idaho, tying East of the right of way Boyer Avenue.
AND
A tract of land in ti1e Southwe:st Quarter, of the Northeast Quarter of
SectIon 10, TOwnship 57 North, Range 2 West. Bol6e Meridian, BonnerCounty, Idaho, mere specIfically desaibed as,follows: .
From . the Southwest comer of said Southwest Quarter of the No~stQuarter, thence NDt1h 89D1!rOO" East a diStance of 25.00 feet to the Eastright of way fine of Boyer Avenue; thence N~rth OO~6'54" West along, said
right of way fine a dlatanca of 1321.21 feet; thence North 89"18'08" East adJstanca of 968.20 feet (N.Sgo1S'S1" E. by deed); 1hence South 1~2a~9"
. Weat a distance 0(:36.50 feet (S.1~' 33" W. by deed) to 1he true:J)OIntDf beginnjng; thence South 1~20'59" We-.si a dJs1ance of 641~72'fe~(S.1~O'33. W~by deed); thence. South.B9O1S'33" West,1I distance of249.68 feet; thence North 314833'40'" EBat 1t distance of 73S';75feet'to true point 9f~Jnnfng.
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Exhibit B"
Line Extension:
Completion Date:
Expiration Date:
Development: Spring 9reek
Re: Electric Service Agreement
Job No:
PROMISSORY NOTE FOR PAYMENT OF LINE EXTENSION FEES
WHEREAS, pursuant to the Electric Service Agreement referred to above on behalf of
. ("
Developer ) has asked A vista Corporation dba A vista Utilities ("A vista ) to extend electrical service to a certain residential
development which will ultimately consist of approximately Thirty Four (34) residential lots, described as Spring
Creek , located East ofEQyer Ave acro~~ frQ!Il Airport: runway in the CitY of Sandpoint. Bonner County,Idaho ("the
Development"); and
WHEREAS A vista has agreed to extend electrical service to the Development and to extend credit to the Developer for certain line
extension fees payable by Developer under Schedule 51 of Avista s Tariff, on file with the Idaho Public Utilities Commission.
THEREFORE, for value rec.eiyed, the undersigned Developer hereby promises to pay to the order of Avista, the sum of Thirty One
Thousand Two Hundred Eighty Dollars ($31,280),without interest, due on or before the fifth anniversary of the date or this
Note, to develop Thirtv Four (34 ) Residential Lots, Ir, prior to the due date, Developer establishes to Avista s satisfaction that one or
more customers within the Development have been permanently connected to Avista s electrical service, Avista shall reduce the
balance due by crediting to Developer s account the Allowance Refund described in Schedule 51 of Avista s TaIifffor each customer
as designated in the Schedule on the date of this Note. Avista s records shall be the sole criteria for computation of Allowance Refund
credits,
Developer shaH provide Avista, upon request, complete financial statements certified by Developer or its principal officers. If, on the
basis of Developer s financial information or otherwise, A vista reasonably believes that the prospect for timely payment of this Note is
uncertain, Developer shall, within ten (10) days after demand, provide Avista a satisractory Letter of Credit in the amount of the
remaining principal balance or other security satisfactory to A vista.
If Developer defaults (i) in any payment due on this Note, (ii) in any other term, covenant, representation, warranty or condition herein
or (iii) under any other agreement between Developer and Avista, then, at the option of the holder of this Note, the entire unpaid
principal amount of this Note shaH become immediately due and payable. After default, the unpaid principal balance shall bear
interest at eighteen percent (18%) per annum, or such lesser rate as may be the maximum rate allowed by law.
Each person or entity signing below signs as a maker and not as a surety, Developer and each other maker, endorser, guarantor, and
surety of this Note (i) represent and warrant that this Note is given exclusively for commercial or business purposes; and (ii) waive
presentment, demand, protest and notice of non-payment.
If this Note is placed in the hands of any attorney for col1ection, or any suit or action is instituted to interpret or enforce this Note,
Developer and any other makers, endorsers, guarantors, and sureties of this Note jointly and several1y shall pay such reasonable costs
and attorneys' fees (including without limitation , filing of proofs of claim, preparation for and attendance of creditor s meetings or
preparation for and participation in adversary proceedings or contested matters in any banlauptcy case) as may be incurred by the
holder of this Note and affixed by the trial, bankruptcy or appellate court. In any action brought on this Note, venue shal1 be laid in
Kootenai County, Idaho, without regard to the residence of the defendants. The law of the State of Idaho shall govern any
interpretation and enforcement of this Note.
The recitals above and the Electric Service Agreement described above are incorporated herein by this reference flI1d shal1 be deemed a
part of this Note
Dated:::r ~ t..J '1 'P ') 1..00 Dated:IT -UN) e.. u It ~ I "1.00 b
DEVELOPER (individual): .TY-~~ ~.uBYL~) LL.
Print Name: Cl\..t...B: M-Whr e"T1r'
DEVELOPER (individual)
By: ~VV1. r3--
Title: ku..t.-
Address: 44D E:.. ~LJ,.j~l5T "De.t\1~
City, State, Zip: ~~t
~4~'L
~"'50 1..~
Phone Number.
. .
P\.c\,
Address: A4-Dl e;-, SU~BT 'Du1/~
City, State, Zip: \1,4e~ lY "\ 1\.,,- . 9, "5D'2f(J
Phone Number: 4fbl? q4~.
~~q
Attach another sheet for additional Makers.
Dated:'"2-q
...
I..v
DEVELOPER (individual):
Print Name: 4,Rli!,-lU'.E'I\Jf)f Q/;'ii
, ,
Address: ) 3 Y () J\)" HAZE TD N
City,State Zip: C~.:ty\
~)"'-~"
'AI c;.;:~~L Lip
Phone Number:
Dated:
/~
c2 c::;
DEVELOPER (individual):
PrintName:OD.c../ AL () /-c:::., 'T/ N$
Address: ,L.:"3~/() N \\';2."'-\\0"
City, State, Zip: C ~20 v,
~ \
c -\'-':Z
((;;" ~.~ '
Phone Number:
" ~-
r" '"1 -0......51
,/
.. .:J ,-( '-' "7
DEVELOPERiindividual): .
By:
..
Title' '
. /
Address: G..;t'o No ~8.2...~ \'tDY\
City, State, Zip:"~",, ~ \ ~ '" P:...L q S z.z
Phone Number: L.j" c ".J' ... z.. Y-
DEVELOPER (individual):
'"
By: OfAIUr"~kkC~~
Title: i-I\.i?' JVt (3 111 .
.. '