20150317notice_of_application_order_no_33252.pdf

Office of the Secretary
Service Date
March 17,2015
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO COUNTY )
LIGHT &POWER COOPERATIVE )CASE NO.AVU-E45-02
ASSOCIATION,INC.’S APPLICATION FOR )
APPROVAL OF AN AGREEMENT )NOTICE OF APPLICATION
ALLOCATING TERRITORY WITH AVISTA )
CORPORATION DBA AVISTA UTILITIES )NOTICE OF
)MODIFIED PROCEDURE
)
_______________________________
)ORDER NO.33252
On March 9,2015,Idaho County Light &Power Cooperative Association,Inc.
(ICLP)applied to the Commission for an Order,issued under the Electric Supplier Stabilization
Act (ESSA),Idaho Code §61-332 ci’seq.,that would approve Avista Corporation dba Avista
Utilities’Agreement to Assign Electric Customers to ICLP.ICLP asks the Commission to
process the Application by Modified Procedure.
With this Order,the Commission provides notice of the Application and summarizes
the ESSA,and sets deadlines for interested persons to file written comments.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that ICLP’s Application explains that Elbert and
Janet Hendren are developing residential building sites in the River View Estates Subdivision in
Idaho County,Idaho.The Subdivision contains 23 lots.Two lots have been developed and are
being served by Avista.The developers have asked ICLP to serve the remaining 21 undeveloped
lots.ICLP and Avista have entered the Agreement to facilitate this arrangement.
YOU ARE FURTHER NOTIFIED that under the Agreement,Avista releases its
rights to serve the development to ICLP,with the exception of the two already developed lots.
ICLP is to install facilities and serve the 21 undeveloped lots.Avista is to continue serving the
two developed lots.ICLP says the Agreement,if approved,will allow the parties to avoid
territorial disputes and the needless duplication of facilities,and enable them to provide
customers with the best possible service.
YOU ARE FURTHER NOTIFIED that the ESSA generally prohibits an electric
supplier from serving another electric supplier’s existing or former customers.Idaho Code §61-
332B.As an exception to this general rule,the ESSA allows electric suppliers to contract for the
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.33252 1
purpose of “allocating territories,consumers,and future consumers ...and designating which
territories and consumers are to be served by which contracting electric supplier.”Idaho Code §
61-333(1).However,such contracts are subject to Commission approval.Id.Specifically,the
Commission must approve the contract if,after notice and opportunity for hearing,the
Commission finds that the allocation conforms with the purposes of the ESSA.See Idaho Code
§61-333(1)and 61-334B(l).As set out in Idaho Code §61-332(2),the purposes of the ESSA
are to:(1)promote harmony between electric suppliers;(2)prohibit the “pirating”of consumers;
(3)discourage duplication of electric facilities;(4)actively supervise the conduct of electric
suppliers;and (5)stabilize service territories and consumers.
YOU ARE FURTHER NOTIFIED that the Application and supporting workpapers,
testimonies and exhibits have been filed with the Commission and are available for public
inspection during regular business hours at the Commission offices.The Application and
testimonies are also available on the Commission’s web site at www.puc.idaho.gov.Click on the
“File Room”tab at the top of the page,scroll down to “Open Electric Cases,”and then click on
the case number as shown on the front of this document.
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 61-501 and 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,IDAPA 3 1.01.01.000 etseq.
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,IDAPA 31.01.01.201 through .204.
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 by
Monday,April 13,2015.The comment must contain a statement of reasons supporting the
comment.Persons desiring a hearing must specifically request a hearing in their written
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.33252 2
comments.Written comments concerning this Application shall be mailed to the Commission
and the Applicant at the addresses reflected below:
Commission Secretary J.A.Wright
Idaho Public Utilities Commission Attorney at Law
P0 Box 83720 P.O.Box 25
Boise,ID 83720-0074 Grangeville,ID 83530
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 “Case Comment or Question
Form”under the “Consumers”tab,and complete the comment form using the case number as it
appears on the front of this document.
YOU ARE FURTHER NOTIFIED that ICLP shall file reply comments,if necessary,
by Monday,April 20,2015.
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.
ORDER
IT IS HEREBY ORDERED that this case be processed under Modified Procedure.
Persons interested in submitting comments on this Application must do so by Monday,April 13,
2015.ICLP shall file reply comments,if necessary,by Monday,April 20,2015.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.33252 3
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /7
day of March 2015.
ATTEST:
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NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.33252 4