20191015Motion for Stipulation and Settlement.pdf

David J. Meyer, Esq.
Vice President and Chief Counsel of
Regulatory and Governmental Affairs
Avista Corporation
l4l I E. Mission Avenue
P.O.Box3727
Spokane, Washington 99220
Phone: [phone], Fax: [phone]
RECEIVED
?fi 19 OCI I 5 AH ll: l+2
John Hammond
Deputy Attorney General
Idaho Public Utilities Commission Staff
P.O. Box 83720
Boise, lD 83720-0074
Phone: [phone], Fax: [phone]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
oF AVTSTA CORPORATTON DBA ) CASE NO. AVU-E-19-04
AVISTA UTILITIES FOR AUTHORITY TO )
INCREASE ITS RATES AND CHARGES ) MOTION FOR APPROVAL OF
FOR ELECTRIC SERVICE IN IDAHO ) STIPULATION AND SETTLEMENT
Avista Corporation and the Staff of the Idaho Public Utilities Commission hereby
move the Commission for an Order accepting the Settlement Stipulation filed herewith. See
Commission Rules 56,276 and274.
l. On June 10,2019, Avista filed an Application with the Commission for authority
to increase revenue effective January l, 2020, for electric service in Idaho. The Company
proposed an increase in electric base revenue of $5.255 million or 2.lYo for 2020. By Order No.
34368, dated July l, 2019, the Commission suspended the proposed schedules of rates and
charges for electric service and subsequently established a hearing schedule, including a date for
settlement discussion.
2. Petitions to intervene in this proceeding were filed by Clearwater, Idaho Forest,
MOTION FOR APPROVAL OF STIPULATION AND SETTLEMENT Page 1
CAPAI, Idaho Conservation League, and Walmart Inc. The Commission granted these
interventions in IPUC Order Nos. 34369,34374 and 34384.
3. A settlement conference was noticed and held in the Commission offices on
October 1,2019, and was attended by all parties to this case. Based on these settlement
discussions, the parties, whose signatures appear on the Stipulation, have agreed to resolve
and settle all of the issues in the case. A copy of the signed Stipulation evidencing that
settlement is enclosed as Attachment I
4. The parties recommend that the Commission grant this Motion and approve
the Stipulation in its entirety, without material change or condition, pursuant to RP 274.
5. The parties respectfully request that the procedural schedule established in this
case be replaced by the following schedule, in order to allow for an earlier December l,
2019, effective date for the rate decrease:
October 15,2019 - Address Motion at scheduled Decision Meeting, with issuance of
Notice of thirty (30) day period for written public comment.
October 31,2019 - Parties to Stipulation file testimony in support.
November, 2019 - Dates to be determined by Commission for any public workshops
and/or public hearings.
November, 2019 - Date for Technical Hearing to be determined by the Commission
(telephonic or in-person).
December 1,2019 - Effective date of Stipulation.
6. As noted in the Stipulation, the parties agree that the Stipulation is in the public
interest and that all of its terms and conditions are fair, just and reasonable.
7. No parties object to this Motion
MOTION FOR APPROVAL OF STIPULATION AND SETTLEMENT Page 2
NOW, TIIEREFORE, the partics respectfull_y request that thc Comrnission issue an
order in CaseNo. AVU-E-19-04:
l- Granting this Motion and accepting the Stipulation (Attachment 1), in its
entiretj, without rnaterial change orcondition I
2. Revising the procedural schedule in accordancc with this lvlotion.
3, Authorizing the Company to implement revised lariff schedules designed to
reduce the annual electric revgnue from Idaho customers consistent r,r.ith the tcrms of the
Sripulation; and
4. Authorizing that revised tarifF schedulcs bc madc cffective December l, 20 19,
consistenl with the terms of the Stipulation
f4
Respectfully subrniueil thi s Lllday of octuber, 20 I g
Arrista Corporation
By:
yer
Attorney for Avista Corporation
Idaho Public Utilities Commission Staff t
By:-*/
Hammond
Atton:cy General
MOTION FOR APPROVAL OF ST]PULATION AND SETTLEMENT Page 3
MOTION FOR APPROVAL OF
STIPULATION AND SETTLEMENT
CASE NO. AVU-E.19-04
ATTACHMENT 1
David J. Meyer, Esq.
Vice President and Chief Counsel of
Regulatory and Govemmental Aftirs
Avista Corporation
1411 E. Mission Avenue
P.O.Box3727
Spokane, Washington 99220
Phone: [phone], Fax: [phone]
John R. Hammond Jr.
Deputy Attomey General
Idaho Public Utilities Commission Staff
P.O. Box 83720
Boise, lD 83720-0074
Phone: [phone],Fax: [phone]
IN THE MATTER OF THE APPLICATION
OF AVISTA CORPORATION DBA
AVISTA UTILITIES FOR AUTHORITY TO
INCREASE ITS RATES AND CHARGES
FOR ELECTRIC SERVICE IN IDAHO
BEFORE THE IDAHO PT]BLIC UIILITIES COMMISSION
CASE NO. AVU-E-19-04
STIPULATION AND SET'TLEMENT
This Stfuulation and Settlement ("Stipulation") is entered into by and among Avista
Corporation, doing business as Avista Utilities ('Avista" or'Company'), the Staff of the Idaho
Public Utilities Commissbn ("Staff'), Clearwater Paper Corporation ('Charwater'), Idaho Forest
Group, LLC ("ldaho Forest'), the Community Action Partnership Association of ldaho, Inc.
('CAPAI'), the Idaho Conservation lrague ("lCL'), and Wahnart, Inc. ("Waknart'). These
entities are collectively referred to as the "Parties" and singuhrly as a "Par$', and represent all
who have appeared in these proceedings. The Parties understand this Stipulation ls subject to
approval by the ldaho Public Utilities Commission ("IPUC" or the 'Commission").
STIPULATION AND SETTLEMENT - AVU-E-19-04 Page 1
I.INTRODUCTION
l. The terms and conditions of this Stipulation are set forth herein. The Parties agree
that this Stfulation represents afiir, just and reasonable compromise ofall the issues raised in the
proceeding is in the public interest and its acceptance by the Commission represents a reasonable
resolution ofthe muhiple issues iCentified in this case. The Parties, therefore, recommend that the
Commissioq in accordance with RP 274, approve the Stipuhtion and all of its terms and
conditions without material change or condition.
II. BACKGROTJND
2. On June 10,2019, Avisa filed an Application with the Commission for authority
toincrease revenue effective January l,2020,forelectric service in ldaho. The Company proposed
an increase in electric base revenue of $5.255 million or 2.1o/ofor 2020. By OrderNo. 34368,
dated July 1,2019, the Commission suspended the proposed schedules of rates and charges for
electric service.
3. Petitions to intervene in this proceeding were filed by Clearwater, Idaho Forest,
CAPAI, ICL, and Waknart. The Commission ganted these interventions in IPUC Order Nos.
34369,34374 and 34384.
4. A settlenrent conference was noticed and held on October 1,2019,and was attended
by the Parties to this case. As a compromise of positions in this case, and for other consiCeration
as set forth below, the Parties agree to the following terms:
III. TERMS OF THE STIPULATION AND SETTLEMENT
5. Overview of Settlement and Revenue Requirement. The Parties agree that Avista
shouh be allowed to implement revised tariff schedules designed to decrease annual base electric
revenue by $7.188 million, or2.84Yo (on a billed basis the decrease ls 2.80yo), with an effective
STIPULATION AND SETTLEMENT _ AVU-E-19-04 Page 2
date ofDecember 1.2019. The Parties will take all necessary steps to establish an approval process
that will allow for the Stipuhtion to be approved and become effective by December 1,2019.
6. Cost of Capital. The Parties agree to a 9.5 percent return on equity, with a 50.0
percent common equty ratio, which represents a continuation of the presently authorired ROE
and capital structure. The capital structure and resuhing rate of retum is as set forth below:
Component
Capital
Structure Cost
Weighted
Cost
Debt
Comnron Equrry
Total
s0.00%
s0.00%
s.20%
9.50%
2.60%
4.75%
100.00%7 .350/,
A. ELECTRIC REVENUE REOUIREMENT
7. Overview of Electric Revenue Requirement. Below is a summary table and
descriptions of the electric revenue requirement components agreed to by the Pafties, effective
December 1,2019:
STIPULATION AND SETTLEMENT _ AVU-E-19-04 Page 3
a.)
b.)
c.)
d.)
e.)
f)
h.)
i.)
j.)
k.)
SUMMARY TABLE OF ADJUSTMENTS TO ELECTRIC REVENUE REQUIREMENT
EFFECTIVE DECEMBER 1, 20I9
(000s of Dollars)
Revenue
Requirement Rate Base
Amount as Filed: $
Adjus tme nts:
Cost of Capital $
Company 2019 Net Rate Base Updates $
Miscellaneous Company Updates: Reduce Properf Taxes, $
C olstrip/C 52 M ajor Ma intenance Expense, C olstrip Re gulatory
Amortization and remove non-recurring AFUDC DFIT Expense.
Remove Officer Incentives and Reduce Non-Offlrcers Incentives $
Reduce Offrcer Labor Expenses $
Adjust Employee Benelrts $
Remove Certain 2019 Capnal Projects $
Revise Fee Free Amortization and Annual Expense $
Restate Uncollectibles S
Weather Normalization Adjustrnent S
Update Net Pro Forma Power Suppty Expense and Transmission
Revenues
Update Pro Forma Gas Prices S
Include Palouse and Rattlesnake Wind PPA Contracts in PCA $
Revise Transmission Revenues $
Remove 2020 Expense
2020 Non-Union Labor Increase $
2020 Remove IS/IT 2020 Expense $
Miscellaneous Adjustments: Reclassifrcation ofnon-utilrry flights $
and fxed costs, as well as expired lease expense associated with
the airplane; reclassification of other administrative and general
expenses; adjust intervenor funding, and an agreed upon overall
expense adjustment to refhct level ofapproved expenses
5,255 $ 836,820
(7,713
Adjusted Amounts Effective December 1,2019
(22n)
(3r7) $ (r
(ee0) $(5
(438)
(32)
86
(r2rs) $
(370)
(r63)
(287)
(1,620)
(4288)
(s20)
(274)
(2ss)
451
$ (7,188)$ 827 750
r.)
m.)
i.)
ii.)
iii.)
i.)
ii.)
Table No. I
a. Cost of Capital. As previously descrbed (see Paragraph 6 above). This adjustment
reduces the overall revenue requirement by $2,211,000.
b. Companv 20l9NetRate Base Updates. Reflects adjustments to net rate baseto update
information rehted to 2019 capital additions, including related depreciation expense,
as well asthe impact on Accumulated Depreciation and Accumulated Deferred Federal
STIPU LATION AND SETTLEM ENT _ AVU-E- 1 9-04 Page 4
c
Income Taxes, to reflect balances as of December 31,2019. This adjustment decreases
the overall revenue requirement by $317,000 and reduces net rate base by $1,299,000.
Miscellaneous Companv Updates. Reflects adjustments for updated information,
including: removal of certain 2018 AFUDC DFITI expense as non-recurring major
maintenance expense associated with the Company's Colstrip generation plant,
property taxes, and correction of DFIT within the Colstrfu reguhtory amortization
adjustment2. This adjustment decreases the overall revenue requirement by $990,000
and reduces net rate base by $58,000.
d. Remove Officer Incentives and Reduce Non-Officer Incentives. Reflects the removal
of all officer incentives. This adjustment also reduces incentives for non-offrcers to
2018 target versus the Company's 6-year average. This adjustment decreases the
overall revenue requirement by $438,000.
e. Reduce Officer Labor Expenses. Reduce officer labor expenses to 2018 test period
levels allocated 90%o utility / l0% non-utility. This adjustment decreases the overall
revenue requirement by $32,000.
f Update Pension and Medical Expenses. Reflects updated information related to
incremental pension and medical expenses in 2019, and includes 40lK expense based
on 2018 test period levels adjusted for 3Yobbor increases. This adjutnrent increases
ob.
the overall revenue requirement by $86,000.
Remove 2019 Capital Additions. Remove capital investments rehted to: 1) Digital
GriJ Network project; 2) Rattlesnake FlaB Interconnection and
I Allowance for Funds Used Under Construction ("AFUDC"); Defened Federal Income Ta:as ("DFIT")
2 The Parties otherwise accept the Colstrip Regulatory Amortization adjustment as filed by the Company, including
approval of the Colstrip capital additions included in the Regulatory Asset through 2019. The resulting regulatory
amortization beginning December 1,2019 totals $863,000 annually.
SIPULATION AND SETTLEMENT-AVU-E-19-04 Page 5
Transmission/Substation projects; 3) Distnbution asset project (Metro Line); 4) IS/IT
Mobile Application and Customer Facing Technology projects; and 5)
Transmission/Substation upgrade project, all originally phnned for 2019. The projects
have been removed for review in the Company's next general rate case due to timing
of completion of projects. This adjustnrent decreases the overall revenue requirement
by $1,215,000 and reduces net rate base by S7,713,000.
h. Revlse Fee Free Amortization and Annml Expense. Adjust the annual Fee Free3
expense to approxirnately $311,000 and Fee Free deferral bahnce to approximately
$696,0001o reflect actual amounts tlrough April 2019 and estimated bahnces for the
remainder of the year. This adjustment also revises the amortization expense of the
Fee Free deferral balance (S696,000) to reflect a tlree-year amoftization beginning
December 1, 2019 of $232,000. This adjustment decreases the overall revenue
requirement by 5370,000. a
i. Restate Uncollectibles. Restate uncollectible expense based on tlre 12 month actual
expense balance as of June 2019. This adjustment decreases the overall revenue
requirernent by $ I 63,000.
j.Weather Normalization Adiustment.Reflects higher nornralized load revenues net of
power supply expense fom that included in the Company's original filing. This
adjustment decreases the overall revenue requirement by $287,000.
k. Power Supplv and Transmission Rehted Net Expenses.
3 The Fee Free program allows customers to make payments by credit or debit card without paying a service fee. This
program was approved in Commission order No. 33494, case Nos. AW-E-1601 and AW-Gl6-01 and successfufu
implemented in February 2017.
a The Company will update the deferral balance in its nex general rate case to reflect actual eryenses deferred through
November 2019 and, true-up any remaining amounts to amortize up or down for the remainder of the three-year
amortization.
STIPULATION AND SETTLEM ENT _ AVU-E-19-04 Page 6
i. Update Pro Forma Gas Prices. Restates pro fornra power suppty net
expenses to reflect updated natural gas forward prices for Jamnry 2020
through December 2020 contract months based on the most recent one-
month settlement period. This adjustment decreases the overall revenue
requirement by $ 1,620,000.
ii. Include Pabuse Wind and Rattlesnake Flats Wind PPAs in PCA. Reflects
the removal of the Palouse Wind and Rattlesnake Wind Power Purchase
Agreements ("PPA') net expenses liom base power supply expense. This
adjustment decreases the overall revenue requirement by $4,288,000. See
Paragraphs 8 (Palouse) and 9 (Rattlesnake) below for filther information.
iii. Revise Transmission Revenues. Revise 20l8actual transmission revenues
to reflect a tlree year prbr average for each month of November and
December, to normalize those months to remove the impact ofthe October
2018 Enbridge pipeline rupture on Company transmission revenues. The
resuhing annual ffansmission revenues will also be reflected in the PCA
authorized base effective December 1,2019.
L Remove 2020 Expense.
i. 2020 Labor lncrease Removes the 2020 incremental non-executive, non-
union labor increases. 2020 union hbor increases, however were included
based on union contract increases for 2020. This adjustnrent decreases the
overall revenue requirenrent by $274,000.
ii. Reduce 2020 IS/IT Expenses. Reduce 2020 IS/IT expense included by the
Company by 50%. Incremental IS/IT expense included for 2020 reflect
STIPULATION AND SETTLEMENT _ AVU-E-19-04 Page 7
actual conffactual obligations. This adjustment decreases the overall
revenue requirement by $255,000.
m. Miscelhneous Adiustments. Reflects the net change in operating expenses related to:
l)reclassifrcation ofnon-utility flights and foed costs, aswell asexpired lease expense
associated with the airphne ($93,000);2)annnbation of20l8 intervenor funding over
two-year period (520,000);3) removal ofmiscellaneous A&G expenses (accounts 912,
92l,and923,totalng $36,000); and 4) anagreed upon increase to overall expense to
refuct a hvel of approved expenses (S600,000). The net effect of this adjustment
increases the overall revenue requirement by $451,000.
8. Palouse Wind. The Parties agree that, for purposes of this case, the recovery of
costs rehted to the Palouse Wind PPA will continue to be included in the PCA, subject to the
current sharing (907o customer, l0% Company).5 Idaho will continue to be assigrred its
proportional share of all environmental attributes.
9. Rattlesnake Wind. The Parties agree that, for purposes of this case, the recovery of
costs rehted to the Rattlesnake Wind PPA will be included in the PCA, subject to the current
sharing (9002 customer, l0% Company).6 Idaho will be assigned its proportional share of all
environmenta I attributes.
B. OTHER SETTLEMENT COMPONENTS
10. PCA Authorized Level of ExDense. The new level of power supply revenues,
expenses, retail load and [-oad Change Adjustment Rate resulting from the December 1,2019
5 The Palouse Wind PPA is a 30-year contractthatwas e>ecuted in 20ll by the Company and purchases all of its
output (105 MW nameplate capacity) and environmental attributes. The project began commercial operation in
December 2012.6TheRattlesnake Flat WindPPA isa2Gyear contractwhich consistsof50 Siemen's S-129 2.9 MW windturbines
with a totalcapacity of approximately 145 MW's. The project will be directly connected to the Avista electric system
and is erpected to begin commercial operation in December 2020.
STIPULATION AND SETTLEMENT-AVU-E-19-04 Page 8
settlement revenue requirement for purposes of the monthly PCA mechanism calculations are
detailed in the attached Appendix A, incorporated by reference herein.
11. Electric Fixed Cost Adiustment Mechanisms Authorized Base. The new level of
baseline values for the electric and natural gas fixed cost adjrstment mechanism ("FCA') resulting
liom the December 1,2019 settlement revenue requirements aredetailed in the attached Appendix
B, incorporated by reference herein.
C. COST OF SERVICE/RATE SPREAD/RATE DESIGN/LOW INCOME
12. Cost of Service/Rate Spread (Base Rate Chanees). The Parties do not agree on any
particular cost of service methodology. In recognition, however, that certain rate scheduhs are
well above their relative cost of service the Parlies agree that Schedules llll2 and 21122 will
receive a revenue decrease well above the overall percentage base rate change in order to move
these schedules closer to cost-of,service parity. The remaining schedules will receive revenue
decreases below the overall percentage base rate change, at varying levels, that will move the
majorry of these schedules closer to their rehtive cost-of,service. The Pafties have agreed to
restate present base revenue reflecting the agreed-upon electric weather nornralization adjustrnent.
13. Rate Desiqr. The Parties agree that the base revenue changes would becollected
through the volumetric enerry rates, with no changes to the basic charges. 7 Appendix C provides
asumrnary ofthe current and revised rates and charges (as perthe Settlement) for electric servbe.
14. Resuhins Persentaeq elalcc bv Ehctric Service Schedule. The follow ing table
reflects the agreed-upon percentage change by schedule for electric service:
7 This includes the proposed addition of banded LED rates and administrative changes as described in the direct
testimony of Company witness Mr. Miller on pp. l3-14. In addition, the Parties agree rvith the Company's proposal
to incorporate the current Schedule 72 (Permanent Federal Tax Rate Credit) as part ofbase rates and to cancel Schedule
72 altogether.
STIPULATION AND SETTLEMENT-AVU-E-19-04 Page 9
Effective Decemher l, 2019
Rate Schedule
Residential Schedule I
General Service Schedules 11112
l-arge General Service Schedules 21122
Exra Large General Service Schedule 25
Clearwater Paper Scheduh 25P
Pumping Service Schedules 31132
Street & Arealrghts Schedules 4l-48
Overall
Decrease in
Base Rates
Decrcase in
Billing Rates
-r.0%
-8.4%
-4.5%
-1.0%
-1.0%
-1.6%
0.0%
-t.0%
-8.2%
-4.4%
-1.0%
-t.0%
-t5%
0.0%
2.8% -2.8%
15. Low Income Issues. The Parties agree to increase funding for the Low Income
Weatherization Progam fom the current Commission-approved levels of $800,000 to $850,000.
D. ENERGY EFFICIENCY COMMITMENTS
16. For consideration rehted to the agreed-upon revenue requirement adjustments
discussed above, Avista, as a part of the give-and-take of settlement negotiations, and for other
settlement considerations, agrees to the following:
a. The parties agree that Avista will establish an Enerry Efficiency Assistance Fund
("EEAF'). The pupose of the EEAF is toprovide additional fi.rnding for projects that
are not otherwise fully fi.rnded through existing enerry effciency incentives, or do not
otherwise qualify for traditional enerry efficiency funding. The EEAF will be fimded
and disbursed as follows:
i. The final deferral balance rehted to the 'AFUDC Equrty Tax Deferral",
addressed in Case Nos. AVU-E-19-02 and AVU-G-19-01, as ordered in
Commission Order No. 34326 will be a source of funding. The estimated
deferral bahnce is approximately $800,000.ii. Avisa will contribute below-the-line dolhrs of$800,000 n,2019 asamatch to
the estinnted AFUDC EquO Tax Deferral (in subsection i.).iii. The fi.urding will be disbursed as directed by the EEAF Advisory Group, a new
committee of stakehoHers tasked with determining which existing or new
prog?ms should receive this funding to address enerry effciency,
STIPULANON AND SETTLEMENT _ AVU-E-19-04 Page l0
weatherizatb& conservation, and low-income needs in Avista's Idaho service
territory.
The EEAF Advisory Group will consider the needs of all parties and remain
flexible on the timing of any disbursements. Any entity seeking funding must
first attempt to quali$ their applicable project under Avista's existing energy
efficiency prograrns.
The committee will initially consist of representatives from the following
stakeholders: Avista, Stafi the Lewiston Community Action Partnershfu, ICL,
Idaho Forest, and Clearwater. The Commiftee may add representatives at its
discretion.
b. Clearwater DSM Assistance: Avlsta agrees to work with Clearwater to atternpt to
qualfy the folbwing projects for DSM funding under Tariff Schedule 90:
o Variable speed drives on the No. I paper rnachine hydropulper.. Variable speed drives on the No. 4 power boiler demineralized water pumps.o Energ efficient chillers and compressors for the Lurgi system.. A variable speed drive on the No.l papermachine white water system.. Variable speed drives on the two waste water outfall pumps.
Tariff Schedule 90 allows for possible DSM funding ofup to70%o ofthe cost of the project,
subject to meeting certain specified cost-efectiveness criteria. The portion of the
estimated cost of these identified projects that is not reimbursed under Schedule 90 will be
consiCered for ftnding through the EEAF, who will consider the needs of all parties and
remain flexible on the timing of any disbursenrents.
Idaho Forest DSM Assistance: Avlsta agrees to work with Idaho Forest to attempt to
qualify the following projects for DSM funding under Tariff Schedule 90, upon closing
of the Proposed Transaction:
c
Instalhtbn of information technology to gather phnt information data (PI Data)
on enerry usage at Idaho Forest's Lewiston plant, and through an installed
interfrce, transmit real time enerry load ffirmation data for each operating
station to Idaho Forest and Avista. This may serve as a useful demonstration
project for data interfrces with other customers on Avista's system. The total
estimated cost is $300,000.
Replacement of aging compressors, saws and other equipment with state of the art
machinery at Idaho Forest's Lewlston and Grangeville plants, in order to increase
productivity and enerry efficiency.
a
a
STIPULATION AND SETTLEMENT _ AVU-E- 19-04 Page I I
Tariff Schedule 90allows for possible DSM funding ofup to70Yo ofthe costofthe project,
subject to meeting certain specified cost-effectiveness criteria. The portion of the
estimated cost of these identified projects that is not reimbursed under Schedule 90 will be
considered for flmding through the EEAF, who will consider the needs of all parties and
remain flexible on the timing of any disbursenrents.
IV. OTHER GENERAL PROVISIONS
17. The Parties agree that this Stbulation represents a compromise of the positions of
the Parties in this case. As provided n RP 272, other than any testimony filed in support of the
approval of this Stipulatioq and except to the extent necessary for a Party to exphin before the
Commission its own statements and positions with respect to the Stipuhtiorl all statements made
and positions taken in negotiations relating to this Stipuhtion shall be confidential and will not be
admissible in evidence in this or any other proceeding.
18. The Parties submit this Stipulation to the Commission and recommend approval in
its entirety pursuant to RP 274. Parties shall support this Stipuhtion before the Commission, and
no Party shall appeal a Commission Order approving the Stipulation or an issue resolved by the
Stipulation. Ifthis Stipuhtion is challenged byany person not aparty to the Stipulation, the Parties
to this Stfulation reserve the right to file testimony, cross-examine witnesses and put on such case
asthey deemappropriate torespond fully tothe issues presented, including the right toraise issues
that are incorporated in the settlement terms embodied in this Stipuhtion. Notwithstanding this
reservation of rights, the Parties to this Stipulation agree that they will continue to support the
Commission's adoption of the terms ofthis Stipulation.
19. If the Commission rejects any part or all of this Stfuuhtion or imposes any
additional rnaterial conditions on approval of this Stipuhtio4 each Party reserves the right, upon
wriften notice to the Commission and the other Parties to this proceeding within 14 days of the
date of such action by the Commission, to withdraw fom this Stipulation. In such case, no Party
STIPULATION AND SETTLEMENT- AVU-E-19-04 Page 12
shall be bound or prejudiced by the terms of this Stipulatio& and each Party shall be entitled to
seek reconsideration of the Commission's order, file testimony as it chooses, cross-examine
witnesses, and do all other things necessary to put on such case as it deems appropriate. In such
case, the Parties immediately will request the prompt reconvening of aprehearing conference for
purposes of establishing a procedural schedule for the completion of the case, in accordance with
hw.
20. The Partbs agree that this Stipulation is in the public interest and that all of its terms
and conditions are fair, just and reasonable.
21. No Pafiy shall be bound, benefited or prejudiced by any position asserted in the
negotiatbn of this StipuhtiorL except to the exent expressly stated herein, nor shall this
Stipulation be construed as a waiver of the rights of any Party unless such rights are expressly
waived herein. Execution ofthis Stfuulation shall not be deenred to constitute an acknowledgment
byany Party ofthe valility orinvalidity of any particuhr method, theory orprinciple ofreguhtion
orcost recovery. No Party shall be deemed to have agreed that any method, theory orprinciple of
reguhtion or cost recovery employed in arriving at this Stipulation is appropriate for resolving any
issues in any other proceeding in the fi.rture. Nolhdings of fact orconclusions oflaw other than
those stated herein shall be deemed to be implicit in this Stipulatbn.
22. The obligatbns ofthe Parties urder this Stipulation are subject tothe Commission's
approval ofthis Stfuuhtion in accordance with its terms and conditions and upon such approval
being upheH on appeal, if any, by a court of competent jurisdbtion.
23. This Stfuuhtion nny be executed in counterparts and each signed counterpart shall
constihrte an original document.
STIPULATION AND SETTLEM ENT _ AVU- E- I 9-04 Page 13
ft4tlDATED this day of October, 2019.
Avista Corporation
J. Meyer
Attomey for Avista Corporation
Charwater Paper Corporation
Idaho Public Utilities Commlssion Staff
John R Hannnond Jr.
Deprfy Attomey General
Idaho Forest Grory LLC
Peter Richardson
Attomey for Clearwater Paper
Corporation
Cormmnity Action Partnership Association
ofldaho, Inc.
Brad Pr:rdy
Attomey for CAPAI
Wahnart Inc.
Vbki M. Baldwin
Attomey for Walrnart Inc.
Ronald Williams
Attomey for Idaho Forest Grory LLC
Idaho Corservation [rague, Inc.
Ben Otto
Attomey for Idaho Conservation
Lrague, Inc.
STIPULATION AND SETTLEMENT _ AVU-E- 19-04 Page 14
B
DATED this -Lfuay of October,Z}l9
Avista Corporation Idaho Public Utilities Commission Staff
B
R. Hammond Jr.
ty Attorney General
Idaho Forest Group LLC
B
David J. Meyer
Attorney for Avista Corporation
Clearwater Paper Corporation
By:
Peter Richardson
Attorney for Clearwater Paper
Corporation
Community Action Partnership Association
ofldaho, Inc.
By:
Ronald Williams
Attorney for Idaho Forest Group LLC
Idaho Conservation kague, Inc.
By:
Ben Otto
Attorney for Idaho Conservation
League, Inc.
Brad Purdy
Attorney for CAPAI
Walmart,Inc
By:
Vicki M. Baldwin
Attorney for Walmart Inc.
STIPULATION AND SETTLEMENT _ AVU-E.I9-04 Page 14
fq, of october,2ole.DATED thb
Avba Corporatbn
David J. Meyer
Attonrcy fbr Avba Corporation
Corporation
Idaho Publb Utilities Conrnissbn Staff
John R. Hanrnond Jr.
Deputy Attomey General
Idaho Forest Group LLC
Richardson
for Clearwater Paper
Corporation
Conmurity Actbn Partrcnhf Associatbn
of ldaho, Inc.
Brad Pudy
Attomey for CAPAI
Wahrart, Irrc.
Vicki M. BaHwin
Attomey for Walrnan Inc.
Ronald Willhms
Attomey for ldaho Forest Grorp LLC
Idaho Conservatbn League, Irrc.
Ben Otto
Atomey for ldaho Conservation
I-eague, Irrc.
STIPULATION AND SETTLEM ENT - AVU.E.I9-04 Page 14
DATED this _ day of October, 2019.
Avista Corporation
David J. Meyer
Attorney for Avista Corporation
C learwater Paper Corporation
Idaho Public Utilities Commission Staff
B
John R. Hammond Jr.
Deputy Attorney General
Idaho Forest Group LLC
P""all L.
Peter Richardson
Attorney for Clearwater Paper
Corporation
Community Action Partnership Association
of ldaho, Inc.
B
Brad Purdy
Attorney for CAPAI
Walmart, Inc.
Vicki M. Baldwin
Attorney for Walmart Inc.
Ronald Williams
Attorney for Idaho Forest Group LLC
Idaho Conservation League, Inc
Ben Otto
Attorney for Idaho Conservation
League, Inc.
By
STIPULATION AND SETTLEMENT - AVU-E-I 9-04 Page 14
,l^
DATED tlris // day of Octobea 2019.
Avbta Corporation
David J. Meyer
Attomey for Avlsa Corporation
C learwater Paper Corporatbn
Idaho Public Utilities Conrnbsbn Staff
John R Hanrncnd Jr.
Deputy Attomey General
Idaho Forest Group LLC
Corrrmnity Action Partnership Association Idaho Consenation kague, lnc.
ofldaho, Inc
Purdy
Peter Richardson
Attomey for Clearwater Paper
Corporation
Attomey for CAPAI
Wahrar| lnc.
Vicki M. BalJwin
Attorney for Wahnart Inc.
Ronald Williams
Attomey for Idaho Forest Grotp LLC
Ben Otto
Attomey for Idaho Conservation
kague, Inc.
STTPULATION AND SETTLEMENT - AVU.E- 19-04 Page 14
DATED this 114^,of October,2019
Avista Corporation Idaho Public Utilities Commission Staff
By By
David J. Meyer
Attorney for Avista Corporation
John R. Hammond Jr.
Deputy Attorney General
Clearwater Paper Corporation Idaho Forest Group LLC
Peter Richardson
Attorney for Clearwater Paper
Corporation
Ronald Williams
Attorney for Idaho Forest Group LLC
Community Action Partnership Association
ofldaho, Inc.
Idaho Conservation League, {nc
By:By
Brad Purdy
Attorney for CAPAI
Ben Otto
Attorney for Idaho Conservation
Leagueleo
Walmart,lnc.
By
Vicki M. Baldwin
Attorney for Walmart Inc.
STIPULATION AND SETTLEMENT _ AVU-E-I9.04 Page 14
DATED this _ day of October, 201 9.
Avista Corporation
By
David J. Meyer
Attorney for Avista Corporation
C learwater Paper Corporation
Idaho Public Utilities Commission Staff
John R. Hammond Jr.
Deputy Attomey General
Idaho Forest Group LLC
By:
By:
By
Community Action Partnership Association Idaho Conservation League, Inc.
ofldaho, lnc.
By By
Peter Richardson
Attorney for Clearwater Paper
Corporation
Brad Purdy
Attorney for CAPAI
Vicki
for Walmart Inc.
Ronald Williams
Attomey for Idaho Forest Group LLC
Ben Otto
Attorney for ldaho Conservation
League, Inc.
STIPULATION AND SETTLEMENT _ AVU-E-I9-04 Page 14