20130115notice_of_application_order_no_32714.pdf

Office of the Secretary
Service Date
January 15,2013
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF AVISTA CORPORATION TO APPROVE )CASE NO.AVU-E-13-O1
AN AGREEMENT ALLOCATING )
TERRITORY WITH KOOTENAI ELECTRIC )NOTICE OF APPLICATION
COOPERATIVE )
)NOTICE OF
)MODIFIED PROCEDURE
)
__________________________________
)ORDER NO.32714
On January 7,2013,Avista Corporation dba Avista Utilities applied to the
Commission for an Order approving Avista’s Developer Release Agreement with Kootenai
Electric Cooperative and Copper Basin Construction.The Agreement would enable Avista to
install electric distribution facilities and provide electric service to and within Copper Basin’s
commercial/multi-family development in Coeur d’Alene,Idaho under the Electric Supplier
Stabilization Act (ESSA),Idaho Code §61-332 et seq.Avista asks the Commission to process
the Application by Modified Procedure.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that Avista’s Application says that Copper Basin
Construction is developing a commercial/multi-family property at Seltice Way and Grand Mill
Avenue in Coeur d’Alene.Avista has electric service rights on the development’s north and east
sides and at the service point on the development’s south and southwest side.Application at 1.
According to the Application,Copper Basin wants to enter into an electric extension agreement
that allows Avista to install electric distribution facilities and provide electric service throughout
the development.Id.at 1-2.Kootenai Electric has thus agreed to release its rights to provide
electric service to those structures within Copper Basin’s development that are near Kootenai
Electric’s service points,and Avista has agreed to install the facilities and provide electric
service within the development.Id.at 3.
YOU ARE FURTHER NOTIFIED that according to the Application,approving the
Developer Release Agreement and allowing Avista to install the facilities and provide electric
service throughout the development offers several benefits.First,it creates cost efficiencies by
avoiding duplicate services and allowing the developer to coordinate work with one utility.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDERNO.32714 1
Second,it enhances worker safety by allowing one utility to coordinate the work.Third,it
creates electric service continuity in the development and enhances customer satisfaction.
Fourth,the developer will be eligible for Avista’s demand-side management program and will
install more energy efficient equipment.Id.at 2.
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.”Both Avista and Kootenai Electric are electric suppliers as defined
in the ESSA.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.32714 2
Commission Secretary Patrick Ehrbar
Idaho Public Utilities Commission Manager,Rates &Tariffs
P0 Box 83720 Linda Gervais
Boise,ID 83 720-0074 Manger,Regulatory Policy
Avista Corporation
Street Address For Express Mail:P0 Box 3727
1411 E.Mission Avenue,MSC-27
472 W.Washington Street Spokane,WA 99220-3727
Boise,ID 83702-5983 E-mail:[e-mail]
Linda.gervais(avistacorp.com
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 §S 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 3 1.01.01.000 et seq.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32714 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.
—44DONEbyOrderoftheIdahoPublicUtilitiesCommissionatBoise,Idaho this /
day of January 2013.
MACK A.REDFOR ,COM1SSIONER
u
MARSHA H.SMITH,COMMISSIONER
ATTEST:
1L
Veán D.Jewell(J
Cbmmission Secretary
O:AVU-E-1 3-OIkk
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32714 4