20190115Oregon Order.pdf

ORDER NO. 1 9-008
ENTERED Jan 14 2019F{ilf;il1v[f]
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BEFORE THE PUBLIC UTILITY COMMISSION
OF OREGON
uM 1897
In the Matter of
HYDRO ONE LIMITED,ORDER
Application for Authori zation to Exercise
Substantial Influence over the Policies and
Actions of AVISTA CORPORATION.
DISPOSITION: OFFICIAL NOTICE TAKEN, DOCKET HELD IN ABEYANCE
On December 5,2018, and January 3,2019, respectively, utility regulators in the State of
Washington and the State of Idaho denied the proposed acquisition of Avista Corporation
by Hydro One Limited. Specifically, the Washington Utilities and Transportation
Commission found that the proposed transaction which is the subject this docket was "not
consistent with the public interest" and denied the application.l One month later, the
Idaho Public Utilities Commission found that approval of the merger would violate state
law, and denied a request to approve the merger.2
We take official notice of the denials of the Washington Utilities and Transportation
Commission and the Idaho Public Utilities Commission. The fact of these denials is not
the subject of dispute because it is generally known to all parties and can be accurately
and readily determined from publications of both state Commissions.3
Having taken notice of the regulatory denials in Washington and Idaho, we determine
that no justiciable controversy currently exists for us to resolve. The approval of the
transaction in Washington and Idaho is necessary for the proposed agreement, and
I In the Matter of the Joint Application of HYDRO ONE LIMITED (acting through its indirect subsidiary,
Olympus Equity LLC) and AVISTA CORPORATION For an Order Authorizing Proposed Transaction,
Docket No. U-I70970, Order No. 07 at 43 (Dec 5, 2018). The Washington Utilities and Transportation
Commission took no action on a petition from Hydro One and Avista to reconsider the rejection of the
proposed merger, effectively denying the petition by operation of law.
2 In the Matter of the Joint Application of Hydro One Limited and Avista Corporationfor Approval of
Merger Agreement, Case Nos. AVU-E-17-09 and AVU-G-I7-05, Order No.34226 at 14 (Jan3,2019).
3 Consistent with OAR 860-001 -0460 , a party to this proceeding is entitled to be heard on the propriety of
taking official notice and the nature of the facts noticed, and may object to the facts noticed within l5 days.
oRDER NO. 1 9-008
therefore impacts this proceeding directly. Accordingly, the Commission will hold this
proceeding in abeyance until the applicants inforrr the Commission that they have sought
a reversal of these decisions through appeal or other means that would provide a
justiciable issue for the Commission to address.
ORDER
IT IS ORDERED that the current procedural schedule of this proceeding is suspended
indefinitely.
Made, entered, and effective Jan 14 2019
69.*
Megan W. Decker
Chair
Stephen M. Bloom
Commissioner
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Letha Tawney
Commissioner
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