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HomeMy WebLinkAbout20210803Notice_of_Application_Order_No_35120.pdfNOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35120 1 Office of the Secretary Service Date August 3, 2021 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF AVISTA CORPORATION’S AND STIMSON LUMBER COMPANY’S JOINT PETITION FOR APPROVAL OF AMENDMENT NO. 2 TO THEIR POWER PURCHASE AND SALE AGREEMENT ) ) ) ) ) ) ) ) CASE NO. AVU-E-21-07 NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35120 On July 13, 2021, Avista Corporation (“Avista”) and Stimson Lumber Company (“Stimson”) filed a Joint Petition (“Application”) seeking approval of Amendment No. 2 to their Power Purchase and Sale Agreement (“Agreement”). The Idaho Public Utilities Commission (“Commission”) now sets deadlines for interested persons to comment on the Application and for the Company to reply. NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED that “Amendment No. 2 extends the term of the original Agreement through December 31, 2023, and updates the Agreement to apply the current published avoided cost rates to all power purchases by Avista under the Agreement during the period from January 1, 2022 through December 31, 2023 . . .” Application at 1. YOU ARE FURTHER NOTIFIED that the “Agreement as amended by Amendment No. 1 was approved by the Commission in Order No. 34692 issued on June 15, 2020. The original Term of the Agreement was due to expire on December 31, 2021.” Id. at 3. YOU ARE FURTHER NOTIFIED that “the Amendment replaces Section 5.5 of the Agreement to extend the term as follows: The term of the Agreement shall commence on the Effective Date and shall continue through December 31, 2023, unless terminated earlier by the terms and conditions contained herein.” Id. YOU ARE FURTHER NOTIFIED that Amendment No. 2 replaces Exhibit E to the Agreement to update the avoided cost rates that will apply during the Extension Period. Except as expressly amended, all other terms of the Agreement remain in full force and effect for the Extension Period.” Id. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35120 2 YOU ARE FURTHER NOTIFIED that the Application is 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 www.puc.idaho.gov. Click on the “ELECTRIC” icon, select “Open Cases,” and click on the case number as shown on the front of this document. 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. 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 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 31.01.01.201 through .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 persons desiring to state a position on this Application may file a written comment explaining why the person supports or opposes the Application. Persons who would like a hearing must specifically request a hearing in their written comments. Persons shall have twenty-eight (28) days from the service date on this Order to file written comments. Comments must be filed through the Commission website or by e-mail unless computer access is unavailable. To comment electronically, please access the Commission’s home page at www.puc.idaho.gov. Click the “Case Comment Form” and complete the form using the case number as it appears on the front of this document. To file by e-mail, the customer must e-mail the comments to the e-mail addresses listed below. In addition to submitting the comments to the Commission Secretary, the customer must also e-mail the Company at the e-mail addresses listed below if provided by the Company. If computer access is unavailable, then comments may be mailed to the Commission and Company at these addresses: NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35120 3 For the Idaho Public Utilities Commission: Commission Secretary Idaho Public Utilities Commission P.O. Box 83720 Boise, ID 83720-0074 secretary@puc.idaho.gov Street Address for Express Mail: 11331 W. Chinden Blvd. Building 8, Ste. 201-A Boise, Idaho 83714 For Avista: Michael G. Andrea 1411 East Mission, MSC-17 Spokane, WA 99202 michael.andrea@avistacorp.com Chris Drake 1411 E. Mission Ave., MSC-7 Spokane, WA99202 chris.drake@avistacorp.com For Stimson: Lisa Zentner Purchasing Manager Stimson Lumber Company 520 S. Yamhill, Suite 700 Portland, OR 97204 lzentner@stimsonlumber.com YOU ARE FURTHER NOTIFIED that the Company must file any reply comments within thirty-five (35) days from the Service date on 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 formal hearing. O R D E R IT IS HEREBY ORDERED that the Company’s Application be processed by Modified Procedure, Rule 201-204 (IDAPA 31.01.01.201-.204). Persons shall have twenty- eight (28) days from the service date on this Order to file written comments. The Company must file any reply comments thirty-five (35) days from the Service date on this Order. IT IS FURTHER ORDERED that parties should continue to comply with Order No. 35058, issued June 3, 2021. All pleadings should be filed with the Commission electronically and shall be deemed timely filed when received by the Commission Secretary. See Rule 14.02. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35120 4 Service between parties should also be accomplished electronically. Voluminous discovery- related documents may be filed and served on CD-ROM or a USB flash drive. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 3rd day of August 2021. PAUL KJELLANDER, PRESIDENT KRISTINE RAPER, COMMISSIONER ERIC ANDERSON, COMMISSIONER ATTEST: Jan Noriyuki Commission Secretary I:\Legal\ELECTRIC\AVU-E-21-07\orders\AVUE2107_NtcAppMod_es .doc