20240108CL_Application.pdf

Avista Corp.
1411 East Mission P.O. Box 3727
Spokane. Washington 99220-0500
Telephone [phone]
Toll Free 800-727-9170

January 8, 2024

Commission Secretary
Idaho Public Utilities Commission
11331 W. Chinden Blvd. Bldg. 8, Ste. 201-A
Boise, Idaho 83714

RE: Case No. AVU-E-24-__

Commission Secretary:

Attached for filing with the Commission is Avista’s Application requesting that the Commission
approve the Agreement Allocating Territory with Kootenai Electric Cooperative.

Please direct any questions regarding this filing to Michael Andrea at 509-495-2564
([e-mail]) or me at 509.495.8620 ([e-mail]).

Sincerely,
/s/ Patrick Ehrbar
Patrick Ehrbar
Director of Regulatory Affairs

Enclosure

cc: Doug Elliott, General Manager & CEO – Kootenai Electric Cooperative, Inc.
CASE NO. AVU-U-24-01
RECEIVED
Monday, January 8, 2024 5:05PM
IDAHO PUBLIC
UTILITIES COMMISSION

MICHAEL ANDREA (ISB No. 8308) 1
SENIOR COUNSEL 2
AVISTA CORPORATION 3
P.O. BOX 3727 MSC-17 4
1411 EAST MISSION AVENUE 5
SPOKANE, WASHINGTON 99220-3727 6
TELEPHONE: [phone]
[e-mail] 8
9
10
11
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION 12
13
14
IN THE MATTER OF THE APPLICATION ) CASE NO. AVU-E-24-__ 15
OF AVISTA CORPORATION TO APPROVE ) APPLICATION OF 16
AGREEMENT ALLOCATING TERRITORY ) AVISTA CORPORATION 17
WITH KOOTENAI ELECTRIC COOPERATIVE ) 18
19
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21
I. INTRODUCTION 22
Avista Corporation, doing business as Avista Utilities, (hereinafter Avista or Company) at 23
1411 East Mission Avenue, Spokane, Washington, respectfully requests that the Commission 24
approve the enclosed Agreement Allocating Service Area (Attachment A) with Kootenai Electric 25
Cooperative, Inc. (hereinafter referred to as KEC), an Idaho non-profit corporation, sometimes 26
hereinafter referred to individually, as a “Party”, and collectively, as the “Parties”. 27
The Parties have entered into an agreement pursuant to the Idaho Electric Supplier 28
Stabilization Act (IESS), Idaho Code §§ 61-332 et seq., in order to allocate territory, avoid 29
disputes between utilities and to provide consumers with the best possible service. 30
GVD Partners, LP (hereinafter referred to as the Developer) is developing building sites on 31
properties located in the Prairie Crossing Regional Shopping Center (Development) located in 32
Post Falls, Idaho, and has requested that Avista and KEC install facilities to provide three-phase 33
electric service to consumers who may construct service entrances within the Development. 34

Application of Avista Corporation Page 2 of 4
Avista-KEC Service Territory Agreement 2024
Under the Agreement, Avista and KEC shall each be entitled to extend their respective facilities, to 1
the exclusion of the other, within the territory allocated to it, and to provide service to consumers 2
who locate new service entrances within such territory. 3
The Company requests that this filing be processed under the Commission’s Modified 4
Procedure rules. 5
Communications in reference to this Application should be addressed to: 6
7
Patrick Ehrbar Michael Andrea 8
Director of Regulatory Affairs Senior Counsel 9
Avista Corporation Avista Corporation 10
1411 E. Mission Avenue 1411 E. Mission Avenue 11
Spokane, Washington 99220 Spokane, Washington 99220 12
Phone: [phone] Phone: [phone]
Email: [e-mail] Email: [e-mail] 14
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II. PROPOSED ALLOCATION 17
The Developer has requested that Avista and KEC install facilities to provide three-phase 18
electric service to consumers who may construct service entrances within the Development, as 19
illustrated in the attached “Agreement Allocating Territory.” Both Avista and KEC have existing 20
service lines on or near the Developers’ real properties in the Development. It currently cannot be 21
determined by proof which service line is nearest to any new service entrants within the 22
Development. See Idaho Code § 61-332C(d). Both Avista and KECs are able and willing to 23
supply electric service to consumers who may establish service entrances within the Development. 24
Avista’s service territory shall be Block Two Lots 11, 12, 13, 14 located North of Prairie 25
and East of Hwy 41 in the Commercial Tracts at Prairie Crossing Regional as also Shopping 26
Center as illustrated in Blue in Exhibit A. “Agreement Allocating Territory.” 27
KEC’s service territory shall be Block Two Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 located North of 28

Application of Avista Corporation Page 3 of 4
Avista-KEC Service Territory Agreement 2024
Prairie and East of Hwy 41 in the Commercial Tracts at Prairie Crossing Regional Shopping 1
Center as illustrated in Green in Exhibit A. “Agreement Allocating Agreement Territory.” 2
The Parties shall each provide line extensions and electric service pursuant to the 3
provisions of their line extension policies, rate schedules and/or tariffs in force at the time such 4
extension or service is requested. Any line extensions installed within the boundaries of the 5
Development that serve a service entrance located within territory allocated to the Parties by the 6
Agreement, shall not be considered an “existing service line”, and may not be used as a future 7
measuring point, for the purpose of determining which Party is entitled to provide electric service 8
rights, under the IESS, to new service entrances located in territory not allocated pursuant to the 9
Agreement. 10
The Parties current electric service lines, as well as any line extensions external to the 11
boundaries that are required to reach existing infrastructures within the Development and which 12
are installed in accordance with the IESS, may be used to determine future electric service rights to 13
new service entrances located in territory not allocated pursuant to the Agreement. 14
Any changes in lot lines, roadways or other boundaries within the Development that occur 15
after the date of the Agreement shall not constitute a change to the Agreement, and the boundaries 16
shall be used to determine the service territory of the respective Parties. Both Parties shall support 17
the allocation of electric service rights with the Parties’ existing customers. 18
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III. PREVIOUS AGREEMENTS 20
On December 7, 2021, in Case No. AVU-E-21-12, the Commission approved the 21
“Amended and Restated Agreement for Administering Residential Developments” between 22
Avista and KEC. As clearly stated in that agreement, the sole focus was related to residential 23

Application of Avista Corporation Page 4 of 4
Avista-KEC Service Territory Agreement 2024
developments and did not address how commercial developments would be handled. As such, this 1
filing and proposed agreement are necessary under the IESS, which is not dissimilar from a 2
commercial agreement approved in Case No. AVU-E-05-02. In that matter, the Commission on 3
March 21, 2005, approved an almost identical form of agreement between Avista and KEC as it 4
related to a commercial development also located in Post Falls, Idaho. The terms of that agreement 5
between the developers in that case, KEC, and Avista, has worked well, and we would expect the 6
same working relationship among the three parties in this matter. 7
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IV. REQUEST FOR APPROVAL 9
For the reasons stated herein, Avista respectfully requests approval of the “Agreement 10
Allocating Territory” so that Avista and KEC shall be entitled to extend their facilities within the 11
territory in the manner prescribed in the Agreement. See Idaho Code 61-332C(2). The Agreement 12
Allocating Territory will avoid unnecessary disputes in the future, will avoid needless duplication 13
of facilities, and will provide customers with the best possible service. 14
Dated at Spokane, Washington this 8th day of January 2024. 15
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AVISTA CORPORATION 17
BY/s/ Michael Andrea 18
Michael Andrea 19
Senior Counsel for Avista 20