20231030Notice_of_Petition_Order_No_35976.pdf

NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35976 1
Office of the Secretary
Service Date
October 30, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT PETITION
OF AVISTA CORPORATION AND STIMSON
LUMBER COMPANY FOR APPROVAL OF
AMENDMENT NO. 3 TO POWER
PURCHASE AND SALE AGREEMENT
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CASE NOS. AVU-E-23-14

NOTICE OF PETITION

NOTICE OF MODIFIED
PROCEDURE

ORDER NO. 35976
On September 21, 2023, Avista Corporation d/b/a Avista Utilities (“Avista”) and Stimson
Lumber Company (“Stimson”) (collectively “the Parties”) filed a joint petition (“Petition”) with
the Idaho Public Utilities Commission (“Commission”) requesting an order approving
Amendment No. 3 to the Power Purchase Agreement (“Agreement”) between the Parties. The
Parties represent that Amendment No. 3 extends the term of the Agreement through December 31,
2025, 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, 2024, through
December 31, 2025. The Parties request that the Commission issue an order accepting Amendment
No. 3 with an effective date of January 1, 2024.
NOTICE OF PETITION
YOU ARE HEREBY NOTIFIED that the Parties represent that the original Agreement, as
amended by Amendment No. 1, was to expire by its terms on December 31, 2021. Petition at 3.
The Parties represent that Amendment No. 2 extended the Agreement through December 31, 2023.
Id.
YOU ARE FURTHER NOTIFIED that the Parties represent that the proposed Amendment
No. 3 extends the term of the Agreement through December 31, 2025 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, 2024, through December 31, 2025. Id. at 1.
YOU ARE FURTHER NOTIFIED that the Petition is available for public inspection
during regular business hours at the Commission’s office. The Petition is also available on the
Commission’s website 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.

NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35976 2
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 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 HEREBY 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 the Commission’s Rules of Procedure 201-204, IDAPA 31.01.01.201-.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 and explain
why written comments alone are insufficient. Persons interested in filing written comments
must do so within twenty-one (21) days from the date of this order. Comments must be filed
through the Commission’s website or by e-mail unless computer access is unavailable. To
comment electronically, please access the Commission’s website at http://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, persons must e-mail the comments to the Commission Secretary and the
Parties at the e-mail addresses listed below. Persons submitting a comment by e-mail must provide
their name, address, and the Case Number under which they are commenting. Persons submitting
a comment by e-mail also acknowledge that submitting a comment in an open case constitutes a
public record under Idaho Code § 74-101 (13), and all information provided by such person is
available for public and media inspection.
If computer access is unavailable, then comments may be mailed to the Commission and
the Parties at the addresses below. Persons submitting a comment by mail must provide their name,
address, and the Case Number under which they are commenting. Persons submitting a comment
by mail also acknowledge that submitting a comment in an open case constitutes a public record

NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35976 3
under Idaho Code § 74-101 (13), and all information provided by such person is available for
public and media inspection.
For the Idaho Public Utilities
Commission:

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
[e-mail]

Street Address for Express Mail:

11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, ID 83714

For Avista:

Chris Drake
Michael G. Andrea
Avista Corporation
1411 E. Mission Ave., MSC-7
Spokane, WA 99202
[e-mail]
[e-mail]

For Stimson Lumber:

Lisa Zentner
Stimson Lumber Company
9400 SW Barnes Rd., Suite 530
Portland, OR 97225
[e-mail]

YOU ARE FURTHER NOTIFIED that the Parties must file any reply comments within
twenty-eight (28) days from the 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 final
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.
ORDER
IT IS HEREBY ORDERED that the Parties’ filing be processed by Modified Procedure,
Rules 201-204 (IDAPA 31.01.01.201-.204). Persons interested in filing written comments must
do so within twenty-one (21) days from the date of this order. The Parties must file any reply
comments within twenty-eight (28) days from the date of this order.
IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April 21,
2022. Generally, all pleadings should be filed with the Commission electronically and will be
deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service between
parties should continue to be accomplished electronically when possible. However, voluminous
discovery-related documents may be filed and served on CD-ROM or a USB flash drive.

NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35976 4
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 30th day of
October 2023.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN R. HAMMOND JR., COMMISSIONER

__________________________________________
EDWARD LODGE, COMMISSIONER

ATTEST:

___________________________________
Jan Noriyuki
Commission Secretary

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