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HomeMy WebLinkAbout20180410Motion for Approval of Addendum to Stipulation.pdfDavid J. Meyer, Esq. Vice President and Chief Counsel of Regulatory and Governmental Affairs Avista Corporation 141I E. Mission Avenue P.O.Box3727 Spokane, Washington 99220 Phone: (509) 495-4316, Fax: (509) 495-8851 Karl Klein Brandon Karpen Deputy Attorneys General Idaho Public Utilities Commission Staff P.O. Box 83720 Boise, ID 83720-0074 Phone: (208) 334-03l2,Fax: (208) 334-3762 IN THE MATTER OF THE APPLICATION ) oF AVTSTA CORPORATION DBA ) AVISTA UTILITIES FOR AUTHORITY TO ) INCREASE ITS RATES AND CHARGES ) FOR ELECTRIC AND NATURAL GAS ) SERVICE IN IDAHO ) RECE IVED ?il18 APR l0 Al,l 9: 05 1il,1,i-13 rLlBLiC iiT r I-l'i i i: :l COitll lSSl0N BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION CASE NOS. AVU-E-I5-05 AVU-G-15-0r MOTION FOR APPROVAL OF ADDENDUM TO THE STIPULATION AND USE OF MODIFIED PROCEDURE COMES NOW, Avista Corporation ("Avista" or "Company"), and hereby moves the Commission for an Order approving the Addendum to the Stipulation. RP 56;272;274. This Motion is based on the following: l. On December 18,2015, the Idaho Public Utilities Commission approved a Settlement Stipulation ("Stipulation") in Avista's 2015 general rate case. Included in the approved Stipulation were electric and natural gas Fixed Cost Adjustment ("FCA") Mechanisms, which went into effect on January 1,2016. Motion for Approval of Addendum to the Stipulation - AVU-E-I5-05 & AVU-G-I5-01 Page I 2. Paragraph l3A of the Stipulation states "The Pafties agree to an initial FCA term of 3 years, with a review of how the mechanisms have functioned conducted by Avista, Staff, and other interested parties following the end of the second full-year. Avista may seek to extend the term of the mechanism prior to its expiration." The term of 3 years expires December 31,2018. 3. On March 13,2018, Avista reached out via email to all of the parties in these cases requesting a one-year extension of the FCA Mechanisms in order to benefit from a third- party study presently being conducted in the State of Washington of the Company's decoupling mechanisms (similar in most ways to the FCA Mechanisms in Idaho). That study would assist with the "review" following the "end of the second full-year". 4. All of the parties in these cases agreed to the extension, either in writing or through telephonic communications, with one exception. Clearwater Paper Corporation chose not to take a position on this issue. 5. Based on those discussions, the Parties whose signatures appear on the Addendum to the Stipulation have agreed to resolve and settle the additional issue in the case (hereinafter "Parties"). A copy of the signed Addendum to the Stipulation evidencing that agreement is enclosed as Attachment 1. 6. The Parties recommend that the Commission grant this Motion and approve the Addendum to the Stipulation in its entirety, without material change or condition, pursuant to RP 274. The Company requests that the matter be processed under the Commission's Modified Procedure rules through the use of written comments. Motion for Approval of Addendum to the Stipulation - AW-E-15-05 & AVU-G-15-01 Page2 NOW, I'HEREFORE, the Parties respectfully request that the Commission issue an order in Case Nos. AVU-E-I5-05 and AVU-G-15-01 granting this Motion and accepting the Addendum to the Stipulation (Attachment 1), in its entirety, without material change or condition. Respectfully submitted this Jday of April,2018 . Meyer Attorney for Avista Corporation Motion for Approval of Addendum to the Stipulation - AVU-E-15-05 & AVU-G-15-01 Page 3 David J. Meyer, Esq. Vice President and Chief Counsel of Regulatory and Govemmental Affairs Avista Corporation l41l E. Mission Avenue P.O.Box3727 Spokane, Washington 99220 Phone: (509) 495-4316, Fax: (509) 495-8851 KarlKlein Brandon Karpen Deputy Attorneys General Idaho Public Utilities Commission Staff P.O. Box 83720 Boise, ID 83720-0074 Phone: (208) 334-0372,Fax: (208) 334-3762 IN THE MATTER OF THE APPLICATION ) oF AVTSTA CORPORATION DBA ) AVISTA UTILITIES FOR AUTHORITY TO ) TNCREASE ITS RATES AND CHARGES ) FOR ELECTRIC AND NATURAL GAS ) SERVICE IN IDAHO ) BEFORB THE IDAHO PUBLIC UTILITIES COMMISSION CASE NOS. AVU-E-I5-05 AVU-G-15-01 ADDENDUM TO THE STIPULATION This Addendum to the Stipulation is entered into by and among Avista Corporation, doing business as Avista Utilities ("Avista" or "Company"), the Staff of the Idaho Public Utilities Commission ("Staff), Idaho Forest Group, LLC ("ldaho Forest"), the Community Action Partnership Association of ldaho ("CAPAI"), the Idaho Conservation League ("lCL"), and the Snake River Alliance ("Snake River"). These entities are collectively referred to as the "Parties," and represent all of the parties in the above-referenced cases.l The Parties understand this Addendum to the Stipulation is subject to approval by the Idaho Public Utilities Commission ("IPUC" or the "Commission"). I Clearwater Paper Corporation ("Clearwater") was a party in the above referenced cases. In an email to the Parties on March 16,2018, Clearwater stated that it "doesn't have a position on this issue and hence will not vote one way or the other" when asked for their support ofthis Addendum. ADDENDUM TO THE STIPULATION - AVU-E-15-05 & AVU-G-15-01 Page I l. The purpose of the Addendum to the Stipulation is to modify the condition within paragraph 13, sub-section a, related to the stated term of the Fixed Cost Adjustment (FCA) mechanism approved by the Commission in Order No. 33437 in Case Nos. AVU-E-I5-05 and AW-G-ls-01. a. The present Stipulation laneuage as described in paragraph 13. sub-section a" is as follows: FCA Mechanisms Term. The Parties agree to an initial FCA term of 3 years, with a review of how the mechanisms have functioned conducted by Avista, Staff, and other interested parties following the end of the second full-year. Avista may seek to extend the term of the mechanism prior to its expiration. b. The Parties agree to amend the Stipulation language as follows: FCA Mechanisms Term. The Parties agree to an initial FCA term of 4 years, with a review of how the mechanisms have functioned conducted by Avista, Staff, and other interested parties following the end of the third full-year. Avista may seek to extend the term of the mechanism prior to its expiration 2. The Parties agree that the Addendum to the Stipulation is in the public interest and that all of its terms and conditions are fair, just and reasonable. The obligations of the Parties under this Addendum to the Stipulation are subject to the Commission's approval of this Addendum to the Stipulation in accordance with its terms and conditions and upon such approval being upheld on appeal, if any, by a court of competent jurisdiction. This Addendum to the Stipulation may be executed in counterparts and each signed counterpart shall constitute an original document. ADDENDUM TO THE STIPULATION _AVU-E-I5-05 & AVU-G-I5-OI Page2 -ta'/r\ DATED thisd I dayof March,20l8. Avista Corporation Idaho Public Utilities Commission Staff B Corporation Deputy Attorney General Community Action Partnership Association of Idaho Idaho Forest Group By: By Attorney for Idaho Forest Group LLC Attomey for CAPAI Idaho Conservation League Snake River Alliance By By: Attorney for ICL Attorney for Snake River Alliance ADDENDUM TO THE STIPULATION - AVU-E-15-05 & AVU-G-l5-OI Page 3 I DATED thisffiday of March, 2018. Avista Corporation Staff B Attorney for Avista Corporation Community Action Partnership Association of Idaho ldaho Forest Croup B By:Attorney for ldaho Forest Group LLC Attorney for CAPAI Idaho Conservation League Snake River Alliance B Attorney for ICL Attorney for Snake River Alliance ADDENDUM TO THE STTPULATION - AVU-E-I5.05 & AVU.G.Is.OI Page 3 1v 1t {DATED this " " day of March, 2018. Avista Corporation By: Attomey for Avista Corporation Idaho Public Utilities Commission Staff By: Deputy Attorney General Attomey for ldaho Forest Group LLC Community Action Partnership Association Idaho Forest Group ofldaho - Attornev''2L--' t ; for CAP cl /vl , AI li-"" r a, Idaho Conservation League Snake River Alliance B Attomey for ICL Attorney for Snake River Alliance ADDENDUM TO THE STIPULATION _ AVU-E-I5-05 & AVU-G-l5-OI Page 3 ,4 DATED this _ day of Marclr, 20lll. Avista Corporation llv: Attorncy for Avistir CrlrJloration Conuuunity Action Partncrship Association of ldaho Idaho Public Utilitics ('onrnrission .Stal'l' B Deputy Altorncy Ge'lrcral Forest Groun \ K,^Vt*-ldaho I]Attorncy lbr ldaho Forcst Group LLC Attorncy for CAPAI Idaho Consen'ution I-eaguc Snakc River Alliance B),: Attorncy for ICL Attorney for Snake Rivcr Alliance ADDENDUM 'I'O TI.IE S]'IPLILATION _ AVI"J-E- I5.0.5 & AVT'-C;- I5-O I Pagc 3 DATED this 1, day of March,2018. Avista Corporation Idaho Public Utilities Commission Stafl' By Attorney fbr Avista Corporation Deputy Attorney General Community Action Partnership Association of ldaho Idaho Forest Group By B)':Attorney for Idaho Forest Group LLC Attorney for CAPAI ldaho League Snake River Alliance By:By Attorney fbr ICL Attorney for Snake River Alliance ADDENDUM TO THE STIPULATION _ AVU-E-15-05 & AVU-G-I5-01 Page 3 ') By: DATED tnisb day of March,20l8. Avista Corporation By: Attorney for Avista Corporation Community Action Partnership Association of Idaho Attorney for CAPAI Idaho Conservation League Attorney for ICL Idaho Public Utilities Commission Staff By: Deputy Attorney General Idaho Forest Group Attorney for Idaho Forest Group LLC Snake lmrnfor Snake River AllianceE7ecufiqllirecgr'rk^"(1 il;lt, ADDENDUM TO THE STIPULATION _ AVU-E-I5.05 & AVU-G-15.01 Page 3