20070628notice_of_modified_procedure.pdf

Office of the Secretary
Service Date
June 28, 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE PETITION OF
VISTA CORPORATION FOR AN ORDER
REVISING A VISTA CORPORATION'
OBLIGATIONS TO ENTER INTO
CONTRACTS TO PURCHASE ENERGY
GENERATED BY WIND-POWERED SMALL
POWER GENERATION FACILITIES
CASE NO. A VU-O7-
NOTICE OF
MODIFIED PROCEDURE
NOTICE OF
COMMENT/PROTEST DEADLINE
On April 2, 2007, Avista Corporation (Avista; Company) filed an Application with
the Idaho Public Utilities Commission (Commission) requesting a change in the Company
PURP A obligations for wind QFs. A vista proposes a raising of the cap on entitlement to
published avoided cost rates for wind-powered small power generation facilities that are
qualifying facilities (QFs) under Sections 201 and 210 of the Public Utility Regulatory Policies
Act of 1978 (PURPA) trom the current level of 100 kW to 10 average megawatts per month (10
aMW), subject to the following condition, among others:
5. Clarifying the rules governing the entitlement to published rates to
prevent all QFs, whether wind or non-wind, capable of delivering more
than 10 aMW per month trom structuring or restructuring into smaller
projects solely for the purpose to qualify for the published avoided cost
rates; and
Published Rate Eligibility - Disaggregation
Idaho Power Company has also recommended adoption of a rule nearly the same as
that adopted by the Oregon Public Utility Commission preventing multiple projects owned by
the same person trom receiving the published avoided cost rates, if located at the same site.
Avista recommends that the approach recommended by Idaho Power in Case No. IPC-07-
be applied to A vista s purchases as well.
Avista contends that wind projects are uniquely able to reconfigure themselves into
various legal ownerships solely for economic reasons , without disturbing or affecting in any way
site or structural design. In some circumstances, other generating technologies, it notes, may
have a similar capability. Projects that are under common ownership, Avista contends, should
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINE
not be able to reconfigure themselves legally, for the sole purpose of qualifying for published
avoided costs in Idaho.
Additionally, Avista contends that a uniform approach as between Idaho
jurisdictional utilities is particularly useful, in order to avoid unneeded incentives for favoring
one utility over another, not because of the fundamental economic differences reflected in the
avoided costs and wind integration costs, but because of different QF rules that might apply to
different utilities.
On May 15 , 2007, the Commission issued a Notice of Petition in Case No. A VU-
07-02.
YOU ARE HEREBY NOTIFIED that the Commission has reviewed and considered
the Company s Petition in Case No. A VU-07-02 and has preliminarily found that the public
interest regarding the issue of "disaggregation " i., the utility proposal to prevent QFs from
disaggregating large QF projects into smaller projects to qualify for published avoided cost rates
available to QFs smaller than 10 MW may not require a hearing to consider the issue presented
and that the disaggregation issue 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 disaggregation issue raised by Avista in
Case No. A VU-07-02 has also been raised by PacifiCorp in Case No. PAC-07-07 and by
Idaho Power Company in Case No. IPC-07-04.
YOU ARE FURTHER NOTIFIED that the deadline for filing written comments or
protests with respect to the disaggregation issue raised by Avista in Case No. A VU-07-02 and
the Commission s related use of Modified Procedure is Friday, July 27, 2007. Persons desiring
a hearing must specifically request a hearing in their written protests or comments.
YOU ARE FURTHER NOTIFIED that the Commission will not hold a hearing on
the disaggregation issue 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.
Reference IDAPA 31.01.01.203.
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 enter its
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINE
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
31.01.01.204.
YOU ARE FURTHER NOTIFIED that the Petition in Case No. A VU-07-02 may
be viewed at the Commission s website www.puc.idaho.gov by clicking on "File Room" and
Electric Cases " or is available for public inspection during regular business hours at the offices
of the Idaho Public Utilities Commission, 472 West Washington, Boise, Idaho and the Idaho
offices of A vista Corporation dba A vista Utilities.
YOU ARE FURTHER NOTIFIED that written comments concerning the issue of
disaggregation should be mailed to the Commission and the Company at the addresses reflected
below.
Street Address for Express Mail:
R. Blair Strong
Jerry K. Boyd
Paine Hamblen LLP
717 West Sprague, Suite 1200
Spokane, W A 99220-3505
E-mail: rbstrong~painehamblen.com
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
472 W. Washington Street
Boise, ID 83702-5983
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
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 address listed above.
DATED at Boise, Idaho this d. ttk day of June 2007.
Je D. Jewell
Co mission Secretary
blslN:A VU-O7-02 sw3
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINE