20061002notice_of_application_order_no_30133.pdf

Office of the Secretary
Service Date
October 2, 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF A VISTA CORPORATION TO APPROVE
AN AGREEMENT ALLOCATING
TERRITORY WITH NORTHERN LIGHTS,
INc.
CASE NO. A VU-06-
NOTICE OF APPLICATION
NOTICE OF
MODIFIED PROCEDURE
ORDER NO. 30133
On SepteJ?ber 7, 2006, Avista Corporation dba Avista Utilities filed an Application
to approve an agreement allocating service territory with Northern Lights, Inc. pursuant to the
Electric Supplier Stabilization Act (ESSA), Idaho Code 99 61-332 et seq. The parties request
that the Application be processed by Modified Procedure.
THE APPLICATION
YOU ARE HEREBY NOTIFIED that according to the Application the parties have
entered into an agreement pursuant to the ESSA in order to allow Avista to supply electric
service to a Northern Lights customer, Treeland Partners LLC (the Developer). Northern Lights
has agreed to relinquish the right to serve the Developer s 34-10t parcel in Sandpoint, Idaho to
A vista.
YOU ARE FURTHER NOTIFIED that the Application states that Northern Lights
currently provides electric service to two structures adjacent to a portion of the development.
These two structures are currently scheduled for demolition, and a new access road is scheduled
to go in at the demolition site. The Developer has requested Northern Lights to remove its
electric facilities from the demolition site to enable the construction of the access road. Once the
facilities are removed Avista will be the closest utility to the majority of the 34 lots within the
development.
YOU ARE FURTHER NOTIFIED that according to the Customer Allocation
Agreement (Attachment #1 to the Application) the Developer has requested Avista to provide the
backbone infrastructure and to provide electric and natural gas services to the entire
development, and that it is in the Developer s best interest to have a single source utility provider
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30133
to serve the development. Northern Lights has agreed to allow A vista to provide electric service
to the entire development.
YOU ARE FURTHER NOTIFIED that Idaho Code 961-333(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 Northern Lights are defined as
electric suppliers. Idaho Code 961-332A(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 961-333A(1). As set out in Idaho Code 9 61-332(2), the purpose of the
ESSA is to: discourage duplication of facilities; prohibit "pirating" of consumers; stabilize
service territories and consumers; and promote harmony between electric suppliers.
YOU ARE FURTHER NOTIFIED that the Application and supporting workpapers
testimonies and exhibits have been filed with the Commission and are available for public
inspection during regular business hours at the Commission offices. The Application and
testimonies are also available on the Commission s Web site at www.puc.idaho.gov under the
File Room" icon.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filing of
record in Case No. A VU-06-06. The Commission has preliminarily determined that the public
interest may not require a hearing to consider the issues presented in this case and that issues
raised by the Company s filing may be processed under Modified Procedure , by written
submission rather than by hearing. IDAP A 31.01.01.201-204. In so doing, the Commission
notes that Modified Procedure and written comments have proven to be an effective means for
obtaining public input and participation.
YOU ARE FURTHER NOTIFIED that the Commission may not hold a hearing in
this proceeding unless it receives written protests or comments opposing the use of Modified
Procedure and stating why Modified Procedure should not be used. IDAP A 31.01.01.203.
YOU ARE FURTHER NOTIFIED that if no protests or written comments are
received within the deadline, the Commission will consider the matter and enter its Order
without a hearing. If protests or comments are filed within the deadline, the Commission will
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30133
consider them and may, in its discretion, set the matter for hearing or decide the matter and issue
its Order on the basis of the written positions before it. IDAP A 31.01.01.204.
NOTICE OF COMMENT/PROTEST DEADLINE
YOU ARE FURTHER NOTIFIED that the deadline for filing written comments
or protests with respect to the Application and the Commission s use of Modified Procedure in
Case No. A VU-06-06 is 21 days from the service date of this Order. Persons desiring a
hearing must specifically request a hearing in their written protests or comments.
YOU ARE FURTHER NOTIFIED that written comments concerning this case
should be mailed to the Commission and to the Company at the addresses reflected below.
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Street Address For Express Mail:
472 W. Washington Street
Boise, ID 83702-5983
Brian Hirschkorn, Manager, Pricing
Linda Gervais, Regulatory Analyst
State and Federal Regulation
A vista Corporation
1411 E. Mission Avenue
Spokane, W A 99220
E-mail: brian.hirschkom~avistacorp.com
E-mail: linda.gervais~avisacorp.com
document.
These comments should contain the case caption and case number shown on the first page of this
Persons desiring to submit comments via e-mail may do so by accessing the
Commission s homepage 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 the Applicant at the addresses listed above.
FINDINGS/CONCLUSIONS
The Idaho Public Utilities Commission has jurisdiction over A vista, its Application
to approve agreement allocating territory, and the issues involved in this case by virtue of Title
, Idaho Code, specifically Idaho Code 99 61-129, 61-333(1) and 61-334B, and the
Commission s Rules of Procedure, IDAPA 31.01.01.000 et seq.
The Commission has preliminarily determined that the public interest may not
require a hearing to consider the issues presented in this case, and that issues raised by the
Company s filing may be processed under Modified Procedure, i., by written submission
rather than by hearing. IDAPA 31.01.01.201-204. In so doing, the Commission notes that
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30133
Modified Procedure and written comments have proven to be an effective means for obtaining
public input and participation.
ORDER
IT IS HEREBY ORDERED that this case be processed under Modified Procedure.
Persons interested in submitting written comments regarding this case or protesting the use
Modified Procedure should do so no later than 21 days from the service date of this Order.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ilq1"A
day of September 2006.
PAUL KJELLAN
MARSHA H. SMITH, COMMISSIONER
ENNIS S. HANSE , COMMISSIONER
ATTEST:
€jrilJ (f-AJ, D. Jewell
Co missIOn Secretary
O:A VU-06-
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30133