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Home My WebLink About20191004notice_of_application_order_no_34455.pdfOffice of the Secretary Service Date October 4,2019 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION )CASE NO.AVU-E-19-10 OF AVISTA CORPORATION TO APPROVE ) AGREEMENT ALLOCATING TERRITORY )NOTICE OF APPLICATION WITH KOOTENAI ELECTRIC ) COOPERATIVE )NOTICE OF )MODIFIED PROCEDURE )ORDER NO.34455 On August 20,2019,Avista Corporation dba Avista Utilities ("Avista"or the "Company") filed an Application requesting approval of its Agreement to Release Electric Service ("Agreement")with Kootenai Electric Cooperative ("Kootenai Electric")and Michael Lee ("Customer")under the Electric Supplier Stabilization Act ("ESSA"),Idaho Code §§61-332 through 61-334C. The Commission now issues this Notice of Application and Notice of Modified Procedure setting comment and reply deadlines. NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED that Avista provides electric service to the Customer at 3970 N.Jonquil Ct.in Coeur D'Alene,Idaho ("Property").The Customer is building a shop on the Property and desires to have electric service connected to it.Application at 1.Avista represents that to provide electric service to the shop the Company would have to obtain a permit to cross the Williams Pipeline on the Property.Id. YOU ARE FURTHER NOTIFIED that Kootenai Electric has an electric service line and junction enclosure near the shop and can provide electric service to it.Id.at 1-2.Avista asserts that Kootenai Electric's equipment is located closer to the shop than the Company's and would not have to cross the Williams Pipeline to connect electric service to it.Id.Avista asserts allowingKootenai Electric to provide electric service to the shop will reduce the Customer's line extension costs and avoid the construction delay associated with the permitting process to cross the Williams Pipeline.Id. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO.34455 1 YOU ARE FURTHER NOTIFIED that Avista asserts that under the proposed Agreement the Company will release its rights to provide electric service to the shop only and Kootenai Electric has committed to install facilities and supply electric service to it.Id.Avista states that in the Agreement Kootenai Electric acknowledges the Company will retain the electric service rights to the Customer's Property other than to the shop.See Agreement,AttachmentA to the Application. YOU ARE FURTHER NOTIFIED that Avista alleges approval of the Agreement will allow the parties to avoid the duplication of facilities,disputes between them and provides the Customer with the best service.Application at 2. YOU ARE FURTHER NOTIFIED that Avista asserts that the Agreement conforms to all the provisions and purposes of the ESSA and recommends that the Commission approve it, which will become effective upon such approval. THE ELECTRIC SUPPLIER STABILIZATION ACT YOU ARE FURTHER NOTIFIED the purpose of the ESSA is to promote harmony among and between electric suppliers furnishingelectricity within Idaho by:(1)prohibiting the "pirating"of consumers already served by another supplier;(2)discouragingduplication of electric facilities;(3)actively supervising certain conduct of electric suppliers;and (4)stabilizing the territories and consumers served by such electric suppliers.Idaho Code §61-332. YOU ARE FURTHER NOTIFIED that Idaho Code §61-333(1)requires electric suppliers to file all contracts that allocate service territories,consumers,or future consumers with the Commission.This section further provides that the Commission shall approve all such contracts if they conform with the provisions and purposes of the ESSA.Id. NOTICE OF MODIFIED PROCEDURE YOU ARE FURTHER NOTIFIED that the Commission has determined that the public interest may not require a formal hearing in this matter,and that it will proceed under Modified Procedure pursuant to Rules 201 through 204 of the Commission's Rules of Procedure,IDAPA 31.01.01.201through .204.The Commission notes that Modified Procedure and written comments have proven to be an effective means for obtaining public input and participation. YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this Application may file a written comment in support or opposition with the Commission by no later NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO.34455 2 than twenty-one(21)days from the service date of this Order.The comment must contain a statement of reasons supporting the comment.Persons desiring a hearing must specifically request a hearing in their written comments.Written comments concerning this Application shall be mailed to the Commission and the Company at the addresses reflected below: Commission Secretary Patrick Ehrbar Idaho Public Utilities Director of Regulatory Affairs Commission Avista Corporation PO Box 83720 P.O.Box 3727 Boise,ID 83720-0074 1411 E.Mission Avenue,MSC-27 Spokane,WA 99220-3727 Street Address for Express Mail:Email: 11331 W.Chinden Blvd.Linda Gervais Building 8,Suite 201-A Senior Manager,Regulatory Policy Boise,Idaho 83714 Avista Corporation P.O.Box 3727 1411 E.Mission Avenue,MSC-27 Spokane,WA 99220-3727 Email:orp These comments should contain the case caption and case number shown on the first page of this document.Persons desiring to submit comments via e-mail may do so by accessing the Commission's home page located at .Click the "Case Comment or Question Form"under the "Consumers"tab,and complete the comment form using the case number as it appears on the front of this document. YOU ARE FURTHER NOTIFIED that the Company may file reply comments,if necessary,by no later than twenty-eight(28)days from the service date of this Order. YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the time limit set,the Commission will consider this matter on its merits and enter its Order without a formal hearing.If written comments are received within the time limit set,the Commission will consider them and,in its discretion,may set the same for a formal hearing. YOU ARE FURTHER NOTIFIED that the Application and Agreementhave been filed with the Commission and are available for public inspection during regular business hours at the Commission's office.These documents are also available on the Commission's web site at ¿E.Click on the "File Room"tab at the top of the page,then select "Electric Cases"and click on the case number as shown on the front of this document. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO.34455 3 YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission's jurisdiction under Title 61 of the Idaho Code and specifically Idaho Code §§61-118,61-119,61-129,61-332 through 61-334C.The Commission may enter any final Order consistent with its authority under Title 61. YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted pursuant to the Commission's Rules of Procedure,IDAPA 31.01.01.000et seq. ORDER IT IS HEREBY ORDERED that the Application of Avista be processed by Modified Procedure,Rule 201-204 (IDAPA 31.01.01.201-.204).Persons interested in submitting written comments must do so within twenty-one (21)days from the service date of this Order.The Company has twenty-eight(28)days from the service date of this Order to file a reply,if any. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO.34455 4 DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this day of October 2019. PAUL KJEL R,PRESIDENT KRISTINE RAPER,COM'MISSIONER ERIC ANDERSON,COMMISSIONER ATTEST: Diane M.Hania'n Commission Secretary I:\Legal\LORDERS\AVUEl910Jh Ntc.doc NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO.34455 5