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HomeMy WebLinkAbout20061222notice_of_application_avu.pdfOffice of the Secretary Service Date December 22, 2006 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE JOINT PETITION OF AVISTA CORPORATION AND STIMSON LUMBER COMPANY FOR APPROV AL OF A POWER PURCHASE AND SALE AGREEMENT CASE NO. A VU-O6- NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF COMMENT/PROTEST DEADLINE YOU ARE HEREBY NOTIFIED that on December 6, 2006, A vista Corporation and Stimson Lumber Company (collectiv~ly Petitioners) filed a Joint Petition with the Idaho Public Utilities Commission (Commission) for an Order approving a Power Purchase Agreement (Agreement) between Stimson Lumber Company (Stimson) and A vista Corporation (A vista; Company) dated October 1 , 2006. Also included is a Generator Interconnection Agreement (GIA) between Avista and Stimson. Stimson Lumber Company operates a thermal wood waste small power electric generation plant at Plummer, Idaho. Stimson s facility is capable of generating up to approximately 6.5 MW of energy. The facility is a qualifying facility (QF) pursuant to the Public Utility Regulatory Policies Act of 1978 (PURP A). The Stimson facility was previously owned and operated by HaleyWest LLC. Stimson has assumed HaleyWest LLC'obligations under a Power Sale and Purchase Agreement between Avista and HaleyWest LLC that expired under its own terms on September , 2006. Stimson and A vista both desired that energy deliveries from the facility to A vista continue without interruption following termination of the HaleyWest LLC Agreement. The Stimson Purchase and Sale Agreement is for a term of five years. A vista will be the sole purchaser of Stimson s generation. For all Net Delivered Output received by Avista that is not surplus energy, Avista shall pay the published non-Ievelized avoided cost rates for non- fueled projects smaller than 10 MW. For all surplus energy received by Avista, Avista shall pay to Stimson the current month's market energy cost per megawatt hour or the Net Delivered NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF COMMENT/PROTEST DEADLINE Output purchase price, whichever is lower. Stimson shall operate the facility in such a manner that the hourly scheduled amount of Net Delivered Output does not exceed 6.5 MW in any hour. Avista shall have the right, but not the obligation to purchase any Net Delivered Output from the facility in excess of 6.5 MW in any hour. The maximum annual amount of electric power that Avista is obligated to purchase is 56 940 MWh in any operating year that is a non-leap year; (57 069 MWh leap year). Petitioners are not requesting retroactive approval of the Agreement. The Agreement allows for energy deliveries and payments by A vista to Stimson at the published avoided cost rates effective October 1 , 2006. In the event that the Commission does not approve the Agreement by January 30, 2007, or approves it subject to conditions unacceptable to the parties the Agreement will terminate. In such event, Stimson shall refund certain amounts to A vista. Reference Agreement ~ 5.4. The Petitioners request Commission approval of the Agreement and the related interconnection agreement. The Petitioners also request a Commission Order allowing deferral and recovery of all power purchase costs subject to A vista s Power Cost Adjustment (PCA) mechanism or as otherwise recovered by A vista through base rates, and declaring that prices to be paid for energy and capacity are just and reasonable, in the public interest, and that the costs incurred by A vista for purchasing capacity and energy from Stimson are legitimate expenses. The parties request approval of the Agreement as satisfaction of the entirety of Avista obligations under PURP A with regard to the facility. YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filings of record in Case No. A VU-06-1O. The Commission has preliminarily found that the public interest in this matter may not require a hearing to consider the issues presented and that issues raised by the Company s filing may be processed under Modified Procedure , by written submission rather than by hearing.Reference Commission Rules of Procedure IDAP A 31.01.01.201-204. YOU ARE FURTHER NOTIFIED that the deadline for filing written comments or protests with respect to the A vista/Stimson Lumber Power Purchase and Sale Agreement and the use of Modified Procedure in Case No. A VU-06-10 is Thursday, January 11,2007. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF COMMENTIPROTEST DEADLINE YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the deadline, the Commission may consider the matter on its merits and may enter its Order without a formal hearing. If comments or protests are filed within the deadline the Commission will consider them and in its discretion may set the matter for hearing or may decide the matter and issue its Order based on the written positions before it. Reference IDAP A 31.01.01.204. YOU ARE FURTHER NOTIFIED that written comments concerning Case No. A VU-06-10 should be mailed to the Commission, the Company and Stimson at the addresses reflected below. Commission Secretary Idaho Public Utilities Commission PO Box 83720 Boise, ID 83720-0074 A vista Corporation: Street Address for Express Mail: David 1. Meyer Vice President and Chief Counsel for Regulatory and Governmental Affairs A vista Corporation PO Box 3727 1411 E. Mission Avenue, MSC- Spokane, W A 99220-3727 472 W. Washington Street Boise, ID 83702-5983 Kelly O. Norwood Vice President State and Federal Regulation A vista Corporation PO Box 3727 1411 E. Mission Avenue, MSC- Spokane, W A 99220-3727 E-mail: david.meyer~avistacorp.com kelly .norwood~avistacorp. com Stimson Lumber: William E. Peressini Vice President and Chief Financial Officer Stimson Lumber Company 520 SW Yamhill, Suite 700 Portland, OR 97204-1330 All comments should contain the case caption and case number shown on the first page of this document.Persons desiring to submit comments via e-mail may do so by accessing the Commission s home page located at www.puc.idaho.gov. Click the "Comments and Questions NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF COMMENT/PROTEST DEADLINE 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 A vista at the e-mail addresses listed above. YOU ARE FURTHER NOTIFIED that the Application in Case No. AVU-06- may be viewed at www.puc.idaho.gov by clicking on "File Room" and "Electric Cases " or can be viewed during regular business hours at the Idaho Public Utilities Commission, 472 W. Washington Street, Boise, Idaho and at the Idaho offices of A vista Corporation. DATED at Boise, Idaho this .;l.;L Ai( day of December 2006. Jea . Jewell Co mission Secretary bls/N:A VU-O6-1O sw NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE NOTICE OF COMMENT/PROTEST DEADLINE