20070620Application.pdf

Avista Corp.
1411 East Mission PO Box3727
Spokane. Washington 99220-3727
Telephone [phone]
Toll Free 800-727-9170
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June 15, 2007
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Jean D. Jewell, Secretary
Idaho Public Utilities Commission
Statehouse Mail
W. 472 Washington Street
Boise, Idaho 83720
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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].
Linda Gervais
Regulatory Analyst
Avista Corp.
linda. gervaisCfYavistacorp. com
Ken Boni, A vista
Susan Baldwin, A vista
enclosure
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BRIAN HIRSCHKORN
MANAGER, PRICING
A VISTA CORPORATION
O. BOX 3727
1411 EAST MISSION AVENUE
SPOKANE, WASHINGTON 99220-3727
TELEPHONE: [phone]
FACSIMILE: [phone]
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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.
CASE NO. A VU- c. -017 -oS-
APPLICATION OF
A VISTA
I. INTRODUCTION
Avista Corporation doing business as Avista Utilities (hereinafter Avista or
Company), at 1411 East Mission Avenue, Spokane, Washington, respectfully requests that
the Commission approve the enclosed Customer Allocation Agreement (Exhibit A) 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 allow Northern Lights to
supply electric service to customers Jerry VanOoyen and Mike Dougherty (the "Developer
Northern Lights and Avista cooperatively agree that it is in the best interest of both
utilities and the customer to allow Northern Lights to provide electric service to the initial 15
lots within the Development located in Bonner County, Idaho, territory map enclosed as
Exhibit B.
Both Northern Lights and A vista have infrastructure in place that can adequately
serve the initial 15 lots within the Development.However, Northern Light's existing
facilities are closer to the majority of the 15 lots being developed; A vista serves the LDS
Church located to the southeast ofthe project. Northern Lights has an existing service line on
Boyer Avenue which could provide a single continuous backbone within the Development.
Per the attached Agreement (Exhibit A), the Developer has requested Northern Lights
to provide the backbone infrastructure to provide electric services to the initial 15 lots within
the Development. A vista has agreed to allow Northern Lights to provide service to the initial
15 lots within the Development as it is in the best interest of the Developer, Northern Lights
and Avista. Avista s agreement should not be construed as Avista s relinquishment of its
right to serve future phases ofthe Development or adjoining plats.
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. gervais(fYavistacorp. com
II. PROPOSED ASSIGNMENT
Application of A vista Corporation
Through the proposed Agreement, A vista has released its electric service rights of the
Development, and has authorized Northern Lights to serve the property. Northern Lights, by
and through its usual procedures, will provide the backbone infrastructures that will supply
electric services to the initial 15 lots within the Development, in accordance with the lESS.
III. REQUEST FOR APPROVAL
Avista, therefore, respectfully requests approval of the "Customer Allocation
Agreement" so that Northern Lights can provide the backbone infrastructures for electric
services to the initial 15 lots within the Development. A vista believes that the Agreement is
in the best of the Customer, it will avoid duplication of facilities, avoid disputes between
parties, and provide the consumer with the best possible service.
Dated at Spokane, Washington this 15th day of June 2007.
A VISTA CORPORATION
BY ~cff~
Brian Hirschkorn
Manager, Pricing
State and Federal Regulation
Application of A vista Corporation
Avu- E--o'l-OS-Avista Contract No. M-13506
CUSTOMER ALLOCATION AGREEMENT
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1'-TillS AGREEMENT is entered into by and between Avista Corporation dba"Ayista UiUiti~~ J~:
(hereinafter referred to as "Avista ), and Northern Lights, Inc. (hereinafter referi:~4i tp:as-NortJ1,e~n
Lights ), sometimes hereinafter referred to individually as a "Party , and collectively as the "Part,ies.IJLi
RECITALS:
WHEREAS, Jerry VanOoyen and Mike Dougherty (hereinafter referred to as the "Developers ) own
property known as Spring Haven located east of North Boyer Rd and north and south of Jenny Lane
better described as SE ~ Section 3 , Range 57 N, Township 2 West in Bonner County, Idaho (hereinafter
referred to as the "Development"
WHEREAS, both Northern Lights and Avista have infrastructure in place that can adequately serve the
initial 15 lots within the Development;
WHEREAS, because the majority of the 15 lots are closer to Northern Light's existing facilities, the
Developer has requested that Northern Lights provide the backbone infrastructures to provide electric
service to the initial 15 lots within the Development in order to avoid duplication of facilities; and
WHEREAS, because it is in the best interest of the Developers to have a single source-utility provider to
serve the initial 15 lots within the Development, Avista has agreed to allow Northern Lights to provide
electric service to such 15 lots.
THEREFORE, in consideration of the covenants and agreements herein contained, IT IS AGREED AS
FOLLOWS:
The "Recitals" set forth above are an integral part of this Agreement and are incorporated herein
for all legal intent and purposes.
For the reasons set forth above in the "Recitals , the Parties agree to allow Northern Lights
extend its facilities to provide electric service to the initial 15 lots within the Development.
Avista s agreement to allow Northern Lights to provide electric service to the initial 15 lots within
the Development shall not be construed as Avista s relinquishment of its rights to serve future
phase of the Development or adjoining plats thereto, and may not be used as precedence for the
purpose of determining which Party is entitled to provide electric service under the Idaho Electric
Supplier Stabilization Act ("IESS") to new service entrances located in the remaining phases of the
Development or property adjoining such Development which is not allocated pursuant to this
Agreement.
This Agreement is subj ect to the approval of the Idaho Public Utilities Commission
Commission
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Avista shall prepare and submit the application for approval before the
Commission, and Northern Lights shall join in or otherwise cooperate in the application; provided
however, that the Parties shall support this Agreement and associated electric service rights with
their existing customers.
In the event the Commission does not approve the customer allocation and associated electric
service rights described herein, then this Agreement shall be void ab initio, and the Parties agree to
renegotiate an agreement that is ultimately acceptable to the Commission.
Page 1 of2
Avista Contract No. M-13506
If approved by the Connnission, this Agreement shall be binding upon the Parties, their successors
and/or their assigns.
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.
A vista Corporation
dba A vista Utilities
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Agreement of Developers:
The undersigned represents that he/she is an authorized representative for owners Jerry VanOoyen and
Mike Dougherty ("Developers ) with full authority to bind the Developers hereunder. The undersigned
acknowledges and represents that he/she has reviewed the foregoing Agreement between Avista and
Northern Lights, approves of its content, and signs it voluntarily as their own free act and deed, fully
intending to be bound by same.
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Page 2 of2
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