20180413Motion for Approval of Stipulation.pdf

r(,ano Pubiic Utilities Commission- otficeStJP,?'€'st'n
APR 1 3 2018
David J. Meyer, Esq.
Vice President and Chief Counsel of
Regulatory and Govemmental Affairs
Avista Corporation
14l l E. Mission Avenue
P.O.Box3727
Spokane, Washingto n 99220
Phone: [phone], Fax: [phone]
Brandon Karpen
Deputy Attorney General
Idaho Public Utilities Commission Staff
P.O. Box 83720
Boise, lD 83720-0074
Phone: [phone],Fax: [phone]
IN THE MATTER OF THE JOINT
APPLICATION OF HYDRO ONE
LIMTTED AND AVISTA CORPORATION
FOR APPROVAL OF MERGER
AGREEMENT
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Elizabeth Thomas, Partner
Kari Vander Stoep, Partner
K&L Gates LLP
On Behalf of Hydro One Limited
Olympus Equity LLC
925 Fourth Avenue, Suite 2900
Seattle, WA 98104-1158
[e-mail]
kari. vanderstoep@kl gates. com
AVU-E-17-09
AVU-G-17-05
Boise, ldaho
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CASE NO
MOTION FOR APPROVAL OF
STIPULATION
COMES NOW the Commission Staff, the Joint Applicants (Hydro One Limited
and Avista Corporation) and the other partiesr to the settlement Stipulation and respectfully
request that the Commission accept the attached sefflement Stipulation. The parties assert the
settlement Stipulation and the accompanying Commitments are reasonable and in the public
interest.
I The other signatories to the Stipulation include: Clearwater Paper Corporation ("Clearwater"), Idaho Forest Group,
LLC ("Idaho Forest Group"), Idaho Conservation League ("ICL"), the Community Action Partnership Association
of Idaho ("CAPAI") and the Washington and Northern Idaho District Council of Laborers (WNIDCL).
MOTION FOR APPROVAL OF STIPULATION - AVU-E-17-09 & AVU-G-17-05 Page I
BACKGROUND
On July 19,2017, Avista announced that it had entered into a merger agreement with
Hydro One. On September 14, 2017, the Joint Applicants filed the above-captioned Joint
Application for approval of the merger. Approval of the Joint Application would result in Avista
becoming a wholly-owned subsidiary of a Hydro One holding company. The Joint Applicants
have requested approval by August 14,2018, and have made the same request in other state
jurisdictions.
Petitions to intervene in this proceeding were filed by Clearwater, Idaho Forest Group,
Idaho Conservation League, CAPAI and the WNIDCL. The Commission granted these
interventions through IPUC Order Nos. 3 3 9 1 4, 339 | 6 and 33932.
A settlement conference was noticed and held in the Commission offices on April 4,
2018, and was attended by the Parties to this case. As a compromise of positions in this case,
and for other consideration as set forth in the Stipulation, the Parties agreed to the terms set forth
in the Stipulation.
As a result of the settlement negotiations, the parties whose signatures appear on the
signature pages of the Stipulation have reached settlement regarding the issues in this
proceeding. The stipulating parties submit that the terms of the Stipulation and the accompanying
Commitments are just and reasonable and in the public interest. The Parties further maintain that
the Commitments satisff the statutory standard for Hydro One's acquisition of Avista set out in
Idaho Code Section 61-328.
According to the schedule, Staff and Intervenor testimony is due May 18, 2018, and
Rebuttal testimony from the Applicants is due June 20, 2018. Joint Applicants and the Parties
will file testimony in support of the settlement Stipulation on or before May 18,2018. The
MOTION FOR APPROVAL OF STIPULATION - AVU-E-17-09 & AVU-G-17-05 Page 2
parties to the Stipulatiou $and ready to support the Stipulation at the Conrnrission's technical
hearing scheduled lbr June 27. 2018.
PRAYER
The Parties ro the Stipulation respecttully rcqucst that thc Comrnission granr this Motion
and accept the settlenrent Stipulation in its entirety. Consistent witlr the Commissiorr Rules 27r{
tluough 276 the Parties stard ready to support the Stipulation.
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DATED this / J jl-y of April. 20ls
HYDRO ONE LTMITED AVISTA COIIPORATION
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Elizabeth Thomas. Partner. K&[,I,I,P
Kari Vander Stoep. Partner, K&L Gates Ll,P
On Behalf ol'Hydro One [.irnited and
Olynrpus Dquity LLC
Attorney {br Avista Corporation
MOTION [,'OR APPROVAL OF S'I'TPULATION - AV[J-E-I7-09 & AvLl-(i-l7-05 Page 3
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