20150313Decision Memo.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM
TO: COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER RAPER
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: KARL KLEIN
DEPUTY ATTORNEY GENERAL
DATE: MARCH 13, 2015
SUBJECT: IDAHO COUNTY LIGHT & POWER’S APPLICATION FOR APPROVAL
OF A TERRITORY ALLOCATION AGREEMENT WITH AVISTA, CASE
NO. AVU-E-15-02
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 et 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.
THE APPLICATION
In the Application, ICLP 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.
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.
DECISION MEMORANDUM 2
STAFF RECOMMENDATION
Staff recommends that the Application be processed by Modified Procedure with an
April 13, 2015 comment deadline and an April 20, 2015 reply deadline.
COMMISSION DECISION
Does the Commission preliminarily find that the public interest may not require a
hearing to consider the issues, and that this case should be processed by Modified Procedure with
comment and reply periods as specified above?

__Karl Klein________________________
Karl T. Klein
Deputy Attorney General

M:AVU-E-15-02_kk