20070620Application.pdf

Avista Corp.
1411 East Mission PO Box 3727
Spokane, Washington 99220-3727
Telephone [phone]
Toll Free 800-727-9170
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June 15 2007
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. 9 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 CORPORA nON
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 APPLICA nON
OF A VISTA CORPORATION TO APPROVE
AGREEMENT ALLOCATING TERRITORY
WITH NORTHERN LIGHTS, INC.
CASE NO. A vu- E -o'? -Ob
APPLICATION OF
A VISTA
I. INTRODUCTION
A vista Corporation doing business as A vista Utilities (hereinafter A vista 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 99 61-332 et seq. in order to allow Northern Lights to
supply electric service to customer Alpine Property Development, Inc. (the "Developer
Northern Lights and A vista 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 100 acre
parcel subdivided into thirteen large lots known as Lakewood Estates located West of
Highway 95 at Heath Lake Road in Sandpoint, Idaho, territory map enclosed as "Exhibit B.
Both Northern Lights and Avista have infrastructure in place that can adequately
serve the Development. However, due to rocky soil conditions and steep terrain from
Avista s current infrastructure to the northern most lots within the Development and because
Northern Lights currently serves two lots within the Development and Northern Lights is also
closer to the majority ofthe thirteen lots, both parties agree that it is in the best interest ofthe
Developer for Northern Lights to provide electric service to all thirteen lots.
Per the attached Agreement (Exhibit A), because it is in the best interest of the
Developer to have a single source-utility provider to serve the remaining lots within the
Development, Avista has agreed to allow Northern Lights to provide electric service to the
remaining lots. 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. gervaisCfYavistacorp. com
Application of A vista Corporation
II. PROPOSED ASSIGNMENT
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 thirteen lots in Lakewood Estates, in accordance with the lESS.
III. REQUEST FOR APPROVAL
A vista, therefore, respectfully requests approval of the "Customer Allocation
Agreement" so that Northern Lights can provide the backbone infrastructures for electric
services to the thirteen lots in Lakewood Estates. 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.
AVISTA CORPORATION
qf
Brian Hirschkorn
Manager, Pricing
State and Federal Regulation
Application of A vista Corporation
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Avu~-()7-0h Avista Contract)":J"o. M-13807
CUSTOMER ALLOCATION AGREEMENT
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i.' oJ,TillS AGREEMENT is entered into by and between Avista CorporatiJtt:a:,AYi~ta'lJtilities
(hereinafter referred to as "Avista ), and Northern Lights, Inc. (hereinafter referred to as'i'N'6rtherJl
Lights ), sometimes hereinafter referred to individually as a "Party , and collectively as the "Parties
RECITALS:
WHEREAS, Alpine Property Development Inc. (hereinafter referred to as the "Developer ) own the one
hundred (100) acre parcel of land shown on the map attached hereto as "Exhibit A"
WHEREAS, the 100 acre parcel is subdivided into thirteen (13) large lots known as Lakewood Estates
located West of Highway 95 at Heath Lake Road, approximately eight (8) miles South of the City, of
Sandpoint, Idaho in Sections 20 and 29, Township 56 N and Range 2W (hereinafter referred to as the
Development"
WHEREAS, because of rocky soil conditions and steep terrain from Avista s current infrastructure to
the northern-most lots within the Development, Northern Lights serves two (2) existing homes, and is
able to provide electric service from its existing infrastructure to the remainder of the Development in the
new road right-of-way;
WHEREAS, the majority of the 13 lots are closer to Northern Light's existing facilities; and
WHEREAS, because it is in the best interest of the Developer to have a single source-utility provider to
serve the remaining lots within the Development, Avista has agreed to allow Northern Lights to provide
electric service to such remaining 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 to
extend its facilities to provide electric service to the remaining lots within the Development.
Avista s agreement to allow Northern Lights to provide electric service to the remaining 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 any remaining phases of
the Development or property adjoining such Development which is not allocated pursuant to this
Agreement.
This Agreement is subject to the approval of the Idaho Public Utilities Commission
Commission"
).
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 withtheir existing customers,
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Avista Contract No. M-13807
In the event the Commission does not approve the customer allocation and associated' electric
service rights described herein, then this Agreement shall be void ilb initio, and the Parties agree to
renegotiate an agreement that is ultimately acceptable to the Commission.
If approved by the Commission, 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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Aereement of Developer:
The undersigned represents that he/she is an authorized representative for Alpine Property Development
Inc. ("Developer ) with full authority to bind the Developer hereunder, The undersigned acknowledges
and represents that he/she has reviewed the foregoing Agreement between A vista and Northern Lights
approves of its content, and signs it voluntarily as their own free act and deed, fully intending to be
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