20120215notice_of_application_order_no_32455.pdf

Office of the Secretary
Service Date
February 15,2012
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLiCATION )
OF AVISTA CORPORATION TO APPROVE )CASE NO.AVU-E-12-02
AN AGREEMENT ALLOCATING )
TERRITORY WITH CLEARWATER )NOTICE OF APPLICATION
POWER COMPANY )
)NOTICE OF
)MODIFIED PROCEDURE
)
_________________________________
ORDER NO.32455
On February 6,2012,Avista Corporation dba Avista Utilities applied to the
Commission for an Order approving Avista’s Electric Service Letter of Agreement with
Clearwater Power Company.The Agreement would enable Avista to provide electric service to
Clearwater customer Steven A.Henderson under the Electric Supplier Stabilization Act (ESSA),
Idaho Code §S 61-332 et seq.Avista asks the Commission to process the Application by
Modified Procedure.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that,according to the Application,Clearwater’s
customer currently receives single-phase electric service to a residential dwelling from
Clearwater.Application at 1.However,the customer will require three-phase electric service
for the shop under construction on his property.Under the ESSA,Clearwater is entitled to
provide this three-phase electric service,but Avista can provide the service for substantially less
due to the proximity of Avista’s overhead distribution lines.Id.at 2.
YOU ARE FURTHER NOTIFIED that the Application says the parties agree that
Avista should provide the three-phase service and that Clearwater shall release the customer to
Avista so Avista can also provide the single-phase service.Clearwater will remove its facilities
and Avista will extend its existing electrical facilities to provide electric service to the customer’s
entire premises.Id.
YOU ARE FURTHER NOTIFIED that,according to the Application,the parties
further agree that the electric service line being installed by Avista will not be used as a
measuring point to determine Avista’s electric service right under the ESSA.Rather,the
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32455 1
location of the poles being removed by Clearwater will be used as a measuring point to
determine Clearwater electric service rights to other customers.Id.at 3.
THE ESSA
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 Clearwater are defined as
electric suppliers.Idaho Code §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 §61-333A(l).As set out in Idaho Code §61-332(2),the purpose of the
ESSA is 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 preliminarily
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 Applicant at the addresses reflected below:
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32455 2
Commission Secretary Patrick Ehrbar
Idaho Public Utilities Commission Manager,Rates &Tariffs
P0 Box 83720 Avista Corporation
Boise,ID 83720-0074 1411 E.Mission Avenue
Spokane,WA 99220
Street Address For Express Mail:E-mail:Pat.ehrbar(avistacorp.com
472 W.Washington Street
Boise,ID 83702-5983
All 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 Avista 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 has been filed with the
Commission and is available for public inspection during regular business hours at the
Commission offices.The Application is also available on the Commission’s web site at
www.puc.idaho.gov by clicking on “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 §61-322A(4)and 61-333(1).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.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32455 3
ORDER
IT IS HEREBY ORDERED that this case be processed under Modified Procedure.
Persons interested in submitting comments on this Application must do so within 21 days of the
service date of this Order.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /!
day of February 2012.
PAUL PRESIDENT
N N
MACK A.REDFORD,COMMISSIONER
ëL IiMARSHAH.SMITH,COMMISSIONER
ATTEST:
Ien D JewelL
Commission Secretary
O:AVU-E-I 2-O2kk
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32455 4