20061002notice_of_application_order_no_30134.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.
NOTICE OF APPLICATION
CASE NO. A VU-06-
NOTICE OF
MODIFIED PROCEDURE
ORDER NO. 30134
On September 11 , 2006, A vista Corporation dba A vista 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 ~~ 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 allocate territory, avoid disputes
between utilities, and to provide consumers with the best possible service. Both utilities have
existing service lines near a new development (Development) in Sandpoint, Idaho, and both
utilities are able and willing to supply electric service to consumers who may establish service
entrances in the Development. The utilities have agreed to an allocation of service territory to
each utility as set forth in their Agreement.
YOU ARE FURTHER NOTIFIED that the Agreement Allocating Territory, as well
as a map of the designated service areas (Exhibit B) and a legal description of the boundaries
(Exhibit A), was filed with the Application. According to the Agreement Avista and Northern
Lights will each be entitled to extend their electric facilities, to the exclusion of the other, within
the territory allocated to each as outlined on Exhibit B, and to provide service to customers who
locate new electric service entrances within such territory. The Agreement states that, within the
territory allocated, each utility 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. The Agreement further provides that a line
extension installed within the boundaries of the Development to serve an electric service located
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30134
within the territory allocated by the Agreement shall not be considered an "existing service line
and may not be used as a future measuring point for the purpose of determining which utility is
entitled to provide electric service under the ESSA to new service entrances located in territory
not allocated pursuant to the Agreement. Additionally, the Agreement states that the utilities
current electric service lines as 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 installed in accordance with the
ESSA, may be used to determine future electric service rights to new service entrances located in
territory not allocated pursuant to the Agreement. Lastly, the Agreement states that the
boundaries set forth by the Agreement and shown on Exhibit B will not be affected by any
subsequent changes in lot lines, roadways, or other boundaries within the Development that
occur after the date of the Agreement.
YOU ARE FURTHER NOTIFIED that Idaho Code ~ 61-333(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 ~ 61-332A(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 ~ 61-333A(1). As set out in Idaho Code ~ 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 Website 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-06-07. 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
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30134
raised by the Company s filing may be processed under Modified Procedure, i., 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. IDAPA 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
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. IDAPA 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-06-07 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.hirschkorn(fYavistacorp.com
E-mail: linda.gervais(fYavisacorp.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.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30134
FIND IN GS/CO N CL USI 0 NS
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 ~9 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
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.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30134
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ~c.;~
day of September 2006.
ATTEST:
~f)
Jeflri D. Jewel
C6rinnission Secretary
O:A VU-06-07 _
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30134
PAUL KJELLAN
MARSHA H. SMITH, COMMISSIONER