HomeMy WebLinkAbout20210908Notice_of_Petition_Order_No_35159.pdfNOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35159 1
Office of the Secretary
Service Date
September 8, 2021
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
On August 5, 2021, Avista Corporation (“Avista” or “Company”) filed a Petition
requesting the Commission approve an Amended and Restated Agreement for Administering
Residential Developments (“Amended Agreement”) between Avista and Kootenai Electric
Cooperative, Inc. (“KEC”). The Company asks that its Petition be processed by Modified
Procedure.
The Commission now sets deadlines for interested persons to comment on the Petition,
and for Avista to reply.
NOTICE OF PETITION
YOU ARE HEREBY NOTIFIED that on March 21, 2001, the Commission issued
Order No. 28681 approving a Service Territory Agreement between Avista and KEC (“Original
Agreement”). In the Original Agreement, the Parties agreed on a methodology to determine which
entity would provide electric service to residential developments and subsequent additions to such
developments pursuant to the Idaho Electric Supplier Stabilization Act (“ESSA”), Idaho Code
Section 61-332C.
YOU ARE FURTHER NOTIFIED that on February 11, 2021, the Commission issued
Order No. 34924 approving an amendment to renew the Original Agreement for successive
twelve-month terms to provide Avista and KEC time to complete negotiations on a new service
territory agreement to replace the Original Agreement. Consistent with the Commission’s
February 11, 2021, Order No. 34924, Avista and KEC have entered into the Amended Agreement
to replace the Original Agreement in its entirety effective July 26, 2021, or such other date set by
the Commission.
IN THE MATTER OF THE PETITION OF
AVISTA CORPORATION FOR APPROVAL
OF AN AMENDED AND RESTATED
AGREEMENT FOR ADMINISTERING
RESIDENTIAL DEVELOPMENTS
BETWEEN AVISTA CORPORATION AND
KOOTENAI ELECTRIC COOPERATIVE,
INC.
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CASE NO. AVU-E-21-12
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ORDER NO. 35159
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YOU ARE FURTHER NOTIFIED that the Amended Agreement will have an initial
term of five years from the effective date and will renew for successive five-year terms, unless
either Avista or KEC provides the other written notification of its intent not to renew at least sixty
days prior to the expiration of the then-current five-year term.
YOU ARE FURTHER NOTIFIED that the Amended Agreement clarifies whether
Avista or KEC will have the right to serve defined residential developments. The Amended
Agreement also clarifies that certain facilities cannot be used as measuring points, changes the
term to successive five-year periods, and sets out the process and remedies for any breach of the
Amended Agreement.
YOU ARE FURTHER NOTIFIED that the Petition 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 and specifically Idaho
Code §§ 61-501 to 61-503.
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 will proceed under Modified Procedure
pursuant to Rules 201 through 204 of the Idaho Public Utilities 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
Petition may file a written comment explaining why the person supports or opposes the Petition.
Persons who would like a hearing must specifically request a hearing in their written
comments. Persons shall have until October 14, 2021, 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.
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ORDER NO. 35159 3
Click the “Consumers” tab and then “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 Commission Secretary and the Company at the e-mail addresses listed
below. If computer access is unavailable, then comments may be mailed to the Commission and
Company at these addresses:
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, Suite 201-A
Boise, Idaho 83714
For Avista Corporation:
Michael G. Andrea (MSC-17)
Senior Counsel
Patrick Ehrbar
Director of Regulatory Affairs
Avista Corporation
1411 E. Mission Avenue
Spokane, WA 99220
michael.andrea@avistacorp.com
pat.ehrbar@avistacorp.com
YOU ARE FURTHER NOTIFIED that Avista must file any reply comments by
October 21, 2021.
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 Avista’s Petition be processed by Modified
Procedure, Rule 201-204 (IDAPA 31.01.01.201-.204). Persons interested in submitting written
comments must do so by October 14, 2021. Avista must file any reply comments by October 21,
2021.
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. Service
NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35159 4
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 8th day
of September 2021.
PAUL KJELLANDER, PRESIDENT
KRISTINE RAPER, COMMISSIONER
ERIC ANDERSON, COMMISSIONER
ATTEST:
Jan Noriyuki
Commission Secretary
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