20070710notice_of_application_order_no_30354.pdf

Office of the Secretary
Service Date
July 10 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF A VISTA CORPORATION TO APPROVE
AN AGREEMENT ALLOCATING SERVICE
TERRITORY WITH NORTHERN LIGHTS,
INc. PURSUANT TO THE IDAHO
ELECTRIC SUPPLIER STABILIZATION
ACT
CASE NO. A VU-07-
NOTICE OF APPLICATION
NOTICE OF
MODIFIED PROCEDURE
ORDER NO. 30354
On June 15, 2007, Avista Corporation dba Avista Utilities filed an Application
seeking the Commission s approval of a contract between Avista and Northern Lights, Inc.
Northern Lights ) to allocate service territories and future consumers. Northern Lights is an
electric cooperative operating in northern Idaho. The parties have entered into a "Customer
Allocation Agreement" which is last dated May 19, 2007 and attached to Avista s Application.
The Agreement was executed pursuant to the provisions of the Electric Supplier Stabilization
Act ("ESSA"), specifically Idaho Code 9 61-333(1).
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that Avistaand Northern Lights propose to allocate
service territory in a 13-lot residential subdivision development known as Lakewood Estates in
Sandpoint, Idaho. Avista customer Alpine Property Development, Inc. ("Developer ) is
developing the subdivision. Both electric suppliers have existing facilities that can serve the 13-
lot subdivision. The parties recite in their Agreement that Northern Lights already serves two
existing homes in the development and will serve the remaining lots because its facilities are in
closer proximity to the development. Agreement at 1. A plat of the subdivision is attached to
the Agreement.
YOU ARE FURTHER NOTIFIED that the parties assert that allowing Northern
Lights to provide electric service to the subdivision will avoid duplication of facilities, avoid
dispute between the parties and provide consumers the best possible service. For the
aforementioned reasons, the parties agree that it is in the best interest of the customer "to have a
single source-utility provider.ld The Agreement recognizes that Avista does not give up "its
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30354
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. ld at 1 , ~ 3.
YOU ARE FURTHER NOTIFIED that the owner-developer of Alpine Property
Development, Richard Lewis, has endorsed the Agreement. The Developer agrees to comply
and be bound by the Agreement. Pursuant to their Agreement, the parties recommend that the
Application be processed under Modified Procedure. Finally, the parties acknowledge that the
Agreement is subject to the Commission s approval. Id at 1 , ~ 4.
YOU ARE FURTHER NOTIFIED that Idaho Code 9 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 9 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 9 61-333A(1). As set out in Idaho Code 9 61-332(2), the purposes of the
ESSA are to: (1) discourage duplication of facilities; (2) prohibit "pirating" of consumers; (3)
stabilize service territories and consumers; and (4) 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 IDAP A 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 Applicant at the addresses reflected below:
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30354
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Linda Gervais, Regulatory Analyst
A vista Corporation
1411 E. Mission Ave.
Spokane, W A 99220
Mail: linda.gervais~avistacorp.com
Street Address for Express Mail:
472 W. Washington Street
Boise, ID 83702-5983
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 Website at www.puc.idaho.gov under the "File Room" and
then the "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 99 61-333(1) through 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, IDAP A 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
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30354
the use of Modified Procedure should do so no later than 21 days from the service date of this
Order.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of July 2007.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
r.
./#'h-J1J
~.
Jewell
~mission Secretary
O:A VU-07-
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 30354