20060911Application.pdf

Avista Corp.
1411 East Mission P.O. Box 3727
Spokane. Washington 99220-0500
Telephone [phone]
Toll Free 800-727-9170
RECEIVED
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September 11 , 2005
Jean D. Jewell , Secretary
Idaho Public Utilities Commission
Statehouse Mail
W. 472 Washington Street
Boise, Idaho 83720
41/u -E?- ob-6'7
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 (I.C. ~ 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.
1inda. gervais(fYa vistacorp. com
Marc Shaffner, A vista
Susan Baldwin, Avista
enclosure
BRIAN HIRSCHKORN
MANAGER, PRICING
A VISTA CORPORA nON
O. BOX 3727
1411 EAST MISSION AVENUE
SPOKANE, WASHINGTON 99220-3727
TELEPHONE: [phone]
FACSIMILE: [phone]
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.
CASENO.AVU- ck-o7
APPLICATION OF
A VISTA CORPORATION
I. INTRODUCTION
A vista Corporation doing business as A vista Utilities (hereinafter A vista or
Company), at 1411 East Mission A venue, Spokane, Washington, respectfully requests that
the Commission approve the enclosed Agreement Allocating Territory (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 allocate territory, avoid
disputes between utilities and to provide consumers with the best possible service.
A parcel of land as shown on the map attached as "Exhibit B" is scheduled to be
developed in Sandpoint, Idaho (the Development). Both Avista and Northern Lights have
existing service lines near the Development, and both utilities are able and willing to supply
electric service to consumers who may establish service entrances in the Development.
The Parties have entered into agreement to: 1) allocate electric service territory within
the Development, as outlined in Exhibit B, to avoid necessary duplication of facilities; 2)
avoid disputes between the Parties as to which utility is entitled to provide service to new
electric service entrances within the Development; and 3) provide consumers who locate their
electric service entrances within the Development with the best possible service.
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. g ervai s(fYa vistacorp. com
II. PROPOSED ALLOCATION
In consideration ofthe covenants and agreements, the Parties agreed that each shall be
entitled to extend their electric facilities, to the exclusion of the other, within the territory
allocated to it, as outlined on Exhibit B and to provide service to customers who locate new
electric service entrances within the territory, namely:
Application of A vista Corporation
A vista shall serve all parcels on the east side of Boyer A venue as outlined in yellow
on Exhibit B. The thirty-four lot residential development proposed by Treeland Partners LLC
and described as Spring Creek, which is the subject of the Customer Allocation Agreement
designated as Avista Contract No. M-12946 filed for approval by the Commission prior to
this agreement. Further, Avista shall serve future customers who locate on Lot No.
between the railroad and Sandpoint Airport and continuing east and south, as also outlined in
yellow on Exhibit B.
Northern Lights shall provide electric service to all future customers who locate on
the property north of Lot No.5 as outlined in green on Exhibit B.
Within the territory allocated to the Parties as outlined on Exhibit B, each Party will
provide line extensions and electric service pursuant to the provisions of their respective line
extension policies , rate schedules and/or tariffs in force at the time such extensions or
services are requested.
The line extension installed within the boundaries of the Development to serve an
electric service entrance located within the territory allocated to one of the Parties, shall not
be considered an "existing service line , and may not be used as a future measuring point for
the purpose of determining which Party is entitled to provide electric service rights under the
lESS to new service entrances located in the territory not allocated in the agreement.
The Parties current electric service lines shown on Exhibit B, as well as any line
extensions external to the boundaries defined in the agreement and outlined on Exhibit B
which are required to reach existing infrastructures within the Development and which are
Application of A vista Corporation
installed in accordance with the lESS, may be used to determine future electric service rights
to new service entrances located in territory not allocated in the agreement.
Any changes in lot lines, roadways or other boundaries within the
Development that occur after the date of the agreement will not constitute a change to the
agreement, and the boundaries outlined on Exhibit B will be used to determine the service
territory of the Parties.
III. REQUEST FOR APPROVAL
A vista, therefore, respectfully requests approval of the "Agreement Allocating
Territory" so that A vista and Northern Lights, Inc. shall be entitled to allocate electric service
territory within the Development prescribed in the Agreement. A vista believes that the
Agreement will avoid unnecessary disputes in the future, will avoid needless duplication of
facilities, and will provide customer with the best possible service.
Dated at Spokane, Washington this 7th day of September 2006.
A VISTA CORPORATION
7I-
Brian Hirschkorn
Manager, Pricing
State and Federal Regulation
Application of A vista Corporation
, '
Contract No. M-12996
AGREEMENT ALLOCATING TERRITORY
THIS. AGREEMENT. dated
- ?!
),1/' 2006, is made and entered into by and
between Avista Corporation dba Avist Utilities (heremafter referred to as "Avista ), and Northern
Lights, Inc. (hereinafter referred to as "Northern Lights ), sometimes hereinafter referred to
individually, as a "Party , and collectively, as the "Parties
RECITALS:
WHEREAS, the parcel of land, the legal description of which is attached hereto and incorporated herein
as "Exhibit A", as shown on the map attached hereto and incorporated herein as "Exhibit B", is
scheduled to be developed in Sandpoint, Idaho (the "Development
WHEREAS, both Avista and Northern Lights have existing service lines near the Development, and
both utilities are able and willing to supply electric service to consumers who may establish service
entrances in the Development; and
WHEREAS, the Parties desire to enter into an agreement pursuant to the Idaho Electric Supplier
Stabilization Act ("IESS"), Idaho Code ~~ 61-332 et s~q. in order to: 1) allocate electric service territory
within the Development, as outlined on Exhibit B, to avoid unnecessary duplication of facilities; 2) avoid
disputes between the Parties as to which utility is entitled to provide service to new electric service
entrances within the Development; and 3) provide consumers who locate their electric service entrances
within the Development with the best possible service.
NOW, THEREFORE, in consideration of the covenants and agreements herein contained, IT IS
AGREED:
Avista and Northern Lights shall each be entitled to extend their electric facilities, to the exclusion
of the other, within the territory allocated to it , as outlined on Exhibit B, and to provide service to
customers who locate new electric service entrances within such territory, namely:
1.2
A vista s Allocated Service Territory: A vista shall serve all parcels on the east side of Boyer
Avenue as outlined in yellow on Exhibit B. The thirty-four (34) lot residential development
proposed by Treeland Partners LLC and described as Spring Creek, which is the subject of
the Customer Allocation Agreement designated as Avista Contract No. M-12946 filed for
approval by the Idaho Public Utilities Commission ("Commission ) prior to this Agreement
also lies within the service territory being allocated to A vista pursuant to this Agreement.
Further, Avista shall serve future customers who locate on Lot No.5 between the railroad
and the Sandpoint Airport and continuing east and south, as also outlined in yellow on
Exhibit B.
Northern Lights' Allocated Service Territory : Northern Lights shall provide electric service
to all future customers who locate on the property north of Lot No: 5 as outlined in green on
Exhibit B.
1.1
Within the territory allocated to the Parties as outlined on Exhibit B, each Party shall provide line
extensions and electric service pursuant to the provisions of their respective line extension.policies
rate schedules and/or tariffs in force at the time such extensions or services are requested:
A line extension installed within the boundaries of the Development to serve an' electric service
entrance located within territory allocated to one aLire, p,arties hereunder, shalL not be considered
an "existing service line , arid may not be used asa future measuring point for the purpose of
determining which Party is entitled to provide electric service rights under the IESSto new service
entrances located in territory not allocated pursuant to this Agreement.
Page 1 of2
Contract No. M-12996
The respective Parties ' current electric service lines shown on Exhibit B, as well as any line
extensions external to the boundaries derIDed in this Agreement and outlined on Exhibit B which
are required to reach existing infrastructures within the Development and which are installed in
accordance with the IESS, may be used to determine future electric service rights to new service
entrances located in territory not allocated pursuant to this Agreement.
Any changes in lot lines, roadways or other boundaries within the Development that occur after the
date of this Agreement shall not constitute a change to this Agreement, and the boundaries outlined
on Exhibit B shall be used to determine the service territory of the respective Parties.
A vista shall prepare and submit the application for approval before the Idaho Public Utilities
Commission ("Commission ), and Northern Lights shall join in or otherwise cooperate in the
application; provided, however, that both Parties shall support this allocation of electric service
rights with the Parties' existing customers.
In the event the Commission does not approve the allocation of electric service rights described
herein, then this Agreement shall be void ab initio, and the Parties agree to renegotiate an
allocation agreement that is ultimately acceptabl~ to the Commission.
If approved by the Commission, this Agreement shall be binding upon the Parties, their successors
and/or their assigns.
IO.Neither Party shall be responsible for fulfilling electric service infrastructures nor other obligations
committed to by the other Party either prior to or after the date of this Agreement.
11.The Recitals set forth in this Agreement, and all documents referenced therein are integral parts of
the Agreement and are incorporated herein for all legal intents and purposes.
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.
Avista Corporation
dba A vista Utilities
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(Signature) --1'
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(Printed Name)
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(Title)
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(Date)
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Page 20f 2
Contract No.12996
Exhibit A"
AGREEMENT ALLOCATING TERRITORY
General Boundary Service Territory Description
General Boundary of Avista Utilities Service Territory
That portion ofthe Northeast Quarter (NE1/4) of Section 10, Township 57 North, Range 2 West
, Bonner County, Idaho, more particularly described as follows:
Beginning at the intersection of Boyer Avenue and Schweitzer Cut-Off Road; thence East to a
point of centerline with Sand Creek; thence Southerly along the meandering centerline of said
Sand Creek to the South line of the Northeast Quarter (NE1/4) of Section 10; thence West along
said South line to a point intersecting Boyer Avenue centerline; thence Northerly along the said
centerline to the point of beginning.
AND
The North Half of the Northeast Quarter of the Southwest Quarter (N1I2NEl/4SWl/4) of Section
, Township 57 North, Range 2 West, B.M., Bormer County, Idaho.
General Bbundary of Northern Lights Service Territory
The Southwest Quarter of the Northwest Quarter (SW1/4NW1/4) of Section 10 , Township 57
North, Range 2 West, B.M., Bonner County, Idaho , EXCEPTING THEREFROM that portion of
land lying West of the East Great Northern Road right of way, ALSO EXCEPTING
THEREFROM that portion of land lying North of the South Woodland Drive right of way.
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