20070710notice_of_application_order_no_30353.pdf

Office of the Secretary
Service Date
July 10, 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF AVISTA CORPORATION TO APPROVE CASE NO. A VU-07-
AN AGREEMENT ALLOCATING SERVICE
TERRITORY WITH NORTHERN LIGHTS,NOTICE OF APPLICATION
INc. PURSUANT TO THE IDAHO
ELECTRIC SUPPLIER STABILIZATION NOTICE OF
ACT MODIFIED PROCEDURE
ORDER NO. 30353
On June 20 , 2007, Avista Corporation dba Avista Utilities filed an Application
seeking the Commission s approval of a contract between Avista and Northern Lights, Inc. to
allocate service territories and future consumers. Northern Lights is an electric cooperative
operating in northern Idaho. The parties
' "
Customer Allocation Agreement" is last dated May
, 2007. The Agreement was executed pursuant to the provisions of the Electric Supplier
Stabilization Act (ESSA) and specifically Idaho Code ~ 61-333(1).
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that Avista and Northern Lights propose to allocate
service territory in a 15-lot residential subdivision known as Spring Haven in Sandpoint, Idaho.
The subdivision is being developed by Jerry VanOoyen and Mike Dougherty. Both electric
suppliers have existing facilities that can serve the initial 15 lots. The parties have agreed that
Northern Lights will serve the initial 15 lots because its facilities are closer to the majority of
lots. Agreement at,-r 1. A plat of the subdivision is attached to the Agreement.
YOU ARE FURTHER NOTIFIED that the parties assert that the allocation of
service territory will avoid duplication of facilities, avoid dispute between the parties, and
provide consumers with the best possible service. The Agreement recognizes that A vista does
not give up "its rights to serve future phases of the Development or adjoining plats thereto, and
(the Agreement) may not be used to" determine which supplier may serve other new customers.
Id. at,-r3.
YOU ARE FURTHER NOTIFIED that the Agreement is also endorsed by Jerry
VanOoyen, the owner-developer of the property. The developers agreed to comply and be bound
by the Agreement. Given the agreement of the parties, they recommend that the Application be
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30353
processed under Modified Procedure. The parties also acknowledge that the Agreement is
subject to the Commission s approval. Id. at,-r 4.
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 ~ 6l-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 purposes of the
ESSA are to: discourage duplication of facilities; prohibit "pirating" of consumers; stabilize
service territories and consumers; and promote harmony between electric suppliers.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the
public interest may not require a formal hearing in this matter and will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission s Rules
of Procedure IDAPA 31.01.01..201 through .204.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 any person desiring to state a position on this
Application may file a written comment in support or opposition with the Commission within
twenty-one (21) days from the service date of this Notice. The comment must contain a
statement of reasons supporting the comment. Persons desiring a hearing must specifically
request a hearing in their written comments. Written comments concerning this Application
shall be mailed to the Commission and the Applicants at the addresses reflected below:
Commission Secretary Linda Gervais, Regulatory Analyst
Idaho Public Utilities Commission A vista CorporationPO Box 83720 1411 E. Mission Avenue
Boise, ID 83720-0074 Spokane, WA 99220
E- Mail: linda. gervaisCfYavistacorp .com
Street Address for Express Mail:
472 W. Washington Street
Boise, ID 83702-5983
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30353
These 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.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are
received within the time limit set, the Commission will consider this matter on its merits and
enter its Order without a formal hearing. If written comments are received within the time limit
set, the Commission will consider them and, in its discretion, may set the same for formal
hearing.
YOU ARE FURTHER NOTIFIED that the Application and Agreement allocating
service territory have been filed with the Commission and are available for public inspection
during regular business hours at the Commission offices. The Application and Agreement are
also available on the Commission s Web site at www.puc.idaho.gov under the "File Room" and
then "Electric Cases.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission s jurisdiction under Title 61 of the Idaho Code and specifically
Idaho Code ~~ 61-333(1) and 61-334B. The Commission may enter any final Order consistent
with its authority under Title 61.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission s Rules of Procedure, IDAPA 31.01.01.000 et seq.
ORDER
IT IS HEREBY ORDERED that this Application be processed under Modified
Procedure. Persons interested in submitting written comments regarding this case or protesting
the use of 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. 30353
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /0 t1-
day of July 2007.
PAUL KJELLA
x~ ,r~
MARSHA H. SMITH, COMMISSIONER
ATTEST:
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NOTICE OF APPLICA nON
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30353