20180920notice_of_technical_hearing_order_no_34148.pdf

Office of the Secretary
Service Date
September 20,2018
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT )CASE NOS.AVU-E-17-09
APPLICATION OF HYDRO ONE LIMITED )AVU-G-17-05
AND AVISTA CORPORATION FOR )APPROVAL OF MERGER AGREEMENT )NOTICE OF SCHEDULE
)NOTICE OF SETTLEMENT
)CONFERENCE
)NOTICE OF TECHNICAL
)HEARING
)ORDER NO.34148
On September 14,2017,Hydro One and Avista ("Applicants")jointly applied for
Commission approval of their merger.Applicants also sought approval from utility regulators in
Washington,Oregon,Alaska,and Montana.Assuming approval in the other states,this
Commission's approval would result in Avista becoming a whollyowned subsidiary of a Hydro
One holding company.The following parties intervened in this case:Idaho Forest Group,
Clearwater Paper,Idaho Conservation League,the Community Action Partnership Association of
Idaho,the Washington and Northern Idaho District Council of Laborers,an unincorporated
nonprofit called Avista Customer Group (ACG),and the Idaho Department of Water Resources
(IDWR).
On April 13,2018,the Applicants and Commission Staff filed a Motion for Approval
of Stipulation to approve the proposed merger.The Motion notified the Commission that all parties
(except for ACG and IDWR,which had not yet intervened in the case)had signed a settlement
stipulation to fully resolve the case.As part of its review process,the Commission issued notice
of the proposed settlement and set deadlines for interested persons to submit written comments.
The Commission also held public hearings in Moscow,Sandpoint,and Coeur d'Alene for Avista's
customers and other interested persons to testify.The Commission also scheduled a July23,2018,
technical hearing for the parties to specifically address the concerns and issues raised in public
comments and testimony.
NOTICE OF SCHEDULE
NOTICE OF SETTLEMENT CONFERENCE
NOTICE OF TECHNICAL HEARING
ORDER NO.34148 1
In mid-July,the Hydro One CEO and board of directors resigned-apparentlyremoved
by the company's largest shareholder,the province of Ontario,Canada.The management change
and the post-settlementintervention of ACG and IDWR led the Commission to vacate the technical
hearing.Order No.34111.On August 31,2018,the Commission directed the parties to meet and
confer to develop a proposed case processing schedule.On September 10,2018,the parties met
and agreed to a proposed schedule.
With this Order,we adopt the proposed schedule,and schedule a technical hearing for
the parties to testifybefore the Commission.
NOTICE OF SCHEDULE
YOU ARE HEREBY NOTIFIED that,based on discussion and agreement between the
parties,the Commission adopts the followingschedule:
DATE ACTIVITY
September 24,2018 Applicants'Deadline for Supplemental Testimony
October 16,2018 Settlement Conference at the Commission's offices,
9:00 AM (MDT)
November 1,2018 Staff and Intervenor Testimony Due
November 14,2018 Applicants'Rebuttal Testimony Due
November 26,2018 Technical Hearing Begins at Commission's offices,
9:30 AM (MDT).The hearing may continue through
November 27 2018,if needed.
YOU ARE FURTHER NOTIFIED that all testimony and exhibits filed in this case
must conform to the Commission's Rules of Procedure (IDAPA 31.01.01 et seq.),specifically
Rules 230,231,and 267.
YOU ARE FURTHER NOTIFIED that the parties are directed to serve discovery,
testimony,and exhibits among themselves by electronic mail pursuant to Rule 63.See IDAPA
31.01.01.063.
YOU ARE FURTHER NOTIFIED that when filing discovery with the Commission,
the parties shall provide an original and three copies to the Commission Secretary.See IDAPA
31.01.01.061.02.
NOTICE OF SCHEDULE
NOTICE OF SETTLEMENT CONFERENCE
NOTICE OF TECHNICAL HEARING
ORDER NO.34148
NOTICE OF TECHNICAL HEARING
YOU ARE FURTHER NOTIFIED that the Commission will conduct a technical
hearing in this case.The purpose of the technical hearing is to take testimony from the parties (the
Company,Staff,and any intervenors).The technical hearing shall convene at 9:30 A.M.(MST)
Monday,November 26,2018,in the Commission's Hearing Room at 472 West Washington
Street,Boise,Idaho,and shall continue as necessary throughTuesday,November 27,2018.
YOU ARE FURTHER NOTIFIED that at the technical hearing,the parties should be
prepared to address how the proposed merger conforms to Idaho law,among other things.
Additionally,we expect the parties to address concerns and issues raised in public comments and
testimony.The Applicants should also be ready to testify to issues related to Hydro One
management.
YOU ARE FURTHER NOTIFIED that all hearings in this matter will be held in
facilities meeting the accessibility requirements of the Americans with Disabilities Act (ADA).
Persons needing the help of a sign language interpreter or other assistance in order to participate
in or to understand testimony and argument at a public hearingmay ask the Commission to provide
a sign language interpreter or other assistance at the hearing.The request for assistance must be
received at least five (5)working days before the hearing by contacting the Commission Secretary
at:
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE,IDAHO 83720-0074
[phone] (Telephone)
[phone] (FAX)
E-Mail:[e-mail]
YOU ARE FURTHER NOTIFIED that the record in this matter is available for public
inspection during regular business hours at the Commission offices.The record is 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 and click on "Electric Cases,"and then click on Case No.AVU-E-17-09 or
click on "Gas Cases,"and then click on AVU-G-17-05.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted
pursuant to the Commission's Rules of Procedure,IDAPA 31.01.01.000,et seq.
NOTICE OF SCHEDULE
NOTICE OF SETTLEMENT CONFERENCE
NOTICE OF TECHNICAL HEARING
ORDER NO.34148 3
With regard to the parties request for avenues to present closing argument,the
Commission will take up that issue at the time of the hearing,if necessary.We note that by the end
of the technical hearing,the parties'positions should be developed and in the record to a point
where a summation may not be needed.As to the requested date for a final order,we recognize
the Applicants'desire to link timelines across jurisdictions,but want to make clear that this
Commission's ultimate decision will rest only on the record,and the Commission will take the
time it needs to work through the evidence and arguments and deliberate on this case.
ORDER
IT IS HEREBY ORDERED that the Applicants'Deadline for SupplementalTestimony
is September 24,2018;Staff and Intervenor Testimony is due by November 1,2018;and
Applicants'Rebuttal Testimony is due by November 14,2018.
IT IS FURTHER ORDERED a Settlement Conference shall take place at the
Commission offices,on October 16,2018,at 9:00 AM (MDT).
IT IS FURTHER ORDERED that the Commission conduct a technical hearing on
November 26,2018,commencing at 9:30 AM (MST).
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this ¿'d
day of September 2018.
PAUL K LLAND ,PRESIDENT
KRI TNE RAPER,Ol MISSIONER
ERIC ANDERSON,COMMISSIONER
Diane M.Hanian
Commission Secretary
AVUE1709_AVUGl705 ntcofschedulesettlementconftechhearing_bk
NOTICE OF SCHEDULE
NOTICE OF SETTLEMENT CONFERENCE
NOTICE OF TECHNICAL HEARING
ORDER NO.34148 4