20080820Answer to Bennett Intervention.pdf

Avista Corp.
1411 East Mission P.O. Box 3727
Spokane. Washington 99220-0500
Telephone [phone]
Toll Free 800-727-9170
August 19, 2008
Jean D. Jewell
Commission Secretar
Idaho Public Utilities Commission
472 W. Washington Street
Boise, il 83702
~'~'iI'STJ..
Corp.
Re: Case Nos. A VU-E-08-01 and A VU-G-08-01
Answer of Avista Corporation to Petition to Intervene of Bennett Forest Industries
Enclosed for filing with the Commission in the above-referenced docket are the original and seven
copies of Avista's Answer to the Petition of Bennett Forest Industries to Intervene.
Sincerely,~ ~l"i.
Kelly O. Norwood
Vice President
Enclosures
c: Service List
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this 19th day of August, 2008, served Avista's
Answer to the Petition of Bennett Forest Industries to Intervene in Docket No.
AVU-E-08-01 and AVU-G-08-01 upon the following parties, by mailing a copy
thereof, property addressed with postage prepaid to:
Jean D Jewell, Secretary
Idaho Public Utilities Commission
Statehouse
Boise, ID 83720-5983
Brad M. Purdy
Attorney at Law
2019 N 1 th Street
Boise,ID 83720
Scott Woodbury
Deputy Attorney
Idaho Public Utiities Commission
472 W. Washington
Boise, ID 83702-0659
Conley E. Ward
Givens Pursley LLP
602 W. Bannock Street
Boise,lD 83702-2720
Q
Patrick Ehrbar
Regulatory Analyst
David J. Meyer
Vice President and Chief Counsel of
Regulatory and Governental Affairs
A vista Corporation
1411 E. Mission Avenue
P. O. Box 3727
Spokane, Washington 99220
Phone: [phone], Fax: [phone]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF A VISTA CORPORATION FOR THE
AUTHORITY TO INCREASE ITS RATES
AND CHARGES FOR ELECTRIC AND
NATURAL GAS SERVICE TO ELECTRIC
AND NATURA GAS CUSTOMERS IN THE
STATE OF IDAHO
)
)
)
)
)
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CASE NO. A VU-E-08-01
ANSWER OF AVISTA
CORPORATION TO
PETITION TO INTERVE
OF BENNETT FOREST
INDUSTRIES
COMES NOW, Avista Corporation (hereinafter "Avista" or "Company"),
pursuant to RP 57 and 75, and hereby answers the late-fied Petition to Intervene of
Bennett Forest Industries, Inc. ("Bennett Forest").
I.
On August 18,2008, Bennett Forest fied an untimely petition to intervene in
Case No. AVU-E-08-01. Bennett Forest is an electric service customer of Avista, taking
service under Schedule 25 ("Extra Large General Service"). It seeks permission to "ask
clarifying questions on case-examination of witnesses supporting the Settlement
ANSWER OF A VISTA CORPORATION TO
PETITION TO INTERVENE OF
BENNTT FOREST INDUSTRIES
Page 1 of4
Stipulation," in order to assist it in preparng comments by the September 5, 2008
deadline.
II.
It is highly unusual for a petition to intervene to be filed as late in the process as
the instat petition. Avistafiled its application for rate relief on April 3, 2008, and by
Order No. 30528, dated April 16, 2008, the Commission suspended the proposed rates,
and issued a Notice of Intervention Deadline of May 9, 2008. By fuher notice, a
procedural schedule was established, followed by a notice of public workshops. The late-
fied petition to intervene was filed more than three months after the publicly-noticed
deadline for intervention, after a Settlement Stipulation was reached, and only ten (10)
days before the technical hearng set for August 28,2008 for consideration of the
Stipulation.
III.
Rule 73 provides, inter alia, that "Petitions not timely fied must state a substantial
reason for delay." Petitioner, in para. V(2.), argues that, because it has not previously
paricipated in Avista's rate proceedings, it "has been unaware of its rights of
paricipation." It was, however, provided with the same public notices that were provided
to the general public by the Company and the Commission with respect to what was
otherwse a well-publicized filing, including the notices of the procedural schedule, and
the intervention deadline.
Petitioner also contends that customers taking service under Schedule 25 ("Extra
Large General Service") ".. . were not represented in the discussions and negotiations
ANSWER OF AVISTA CORPORATION TO
PETITION TO INTERVENE OF
BENNETT FOREST INDUSTRIES
Page 2 of4
leading to the fiing of the Settlement Stipulation herein." (See para. V(1.)) This, of
course, fails to appreciate the role that the Commission Staff plays in the process, as it
looks after the interests of all customers, to assure that no class or customer is unfairly
disadvantaged. i (Moreover, Potlatch Corporation, who did intervene, does have two
customer accounts taking service under Schedule 25: the Potlatch - St. Maries Plant and
the Potlatch - Post Falls Plant.)
iv.
Avista recognizes and appreciates, however, the Commission's interest in
providing an opportunity for customers to express their views. The September 5, 2008
comment deadline, standing alone, would provide that opportity for comment. Should
the Commission, however, elect to grant this late intervention, A vista urges the
Commission to condition such intervention in a way that wil not broaden the issues,
disrupt the process, or otherwse prejudice existing paries. (Bennett Forest, for its par,
has acknowledged in its Petition that it is bound by all prior notices and orders and that it
wil not broaden the issues or disrupt the existing schedule.)
WHERFORE, A vista respectfully urges the Commission to condition any grant of
late- fied intervention, so as to avoid any disruption or delay of the proceeding and the
(I) Bennett Forest also asserts that its anual expense for electrc service wil increase by approximately
$200,000 under the terms of the Stipulation. While they and other customers on Schedule 25 wil see an
overall impact on biled revenue of 11.45% (12.73% for residential), the Company calculates an impact of
$127,000 on Bennett Forest.
ANSWER OF AVISTA CORPORATION TO
PETITION TO INTERVENE OF
BENNETT FOREST INDUSTRIES
Page 3 of4
broadening of the issues to the prejudice of the parties.
. .,If
Respectfully submitted this /! day of August, 2008.
Daviif~
Vice President, Chief Counsel for Regulatory
and Governental Affairs
ANSWER OF A VISTA CORPORATION TO
PETITION TO INTERVENE OF
BENNETT FOREST INDUSTRIES
Page 4 of4