20140611notice_of_application_order_no_33051.pdf

Office of the Secretary
Service Date
June 11,2014
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF AVISTA CORPORATION TO INITIATE )CASE NOS.AVU-E-14-05
DISCUSSIONS WITH INTERESTED )AVU-G-14-O1
PARTIES ON AN EXTENSION OF THE )
EXISTING RATE PLAN AND AVOID A )NOTICE OF APPLICATION
GENERAL RATE CASE )
)NOTICE OF
)INTERVENTION DEADLINE
)
)NOTICE OF
)SETTLEMENT CONFERENCE
)
_______________________________
)ORDER NO.33051
On May 30,2014,Avista Corporation filed an Application requesting the
Commission open a case to allow interested parties to participate in settlement discussions
regarding alternatives to Avista filing a general rate case this year.More specifically,the
Application states that Avista is interested in identifying parties “that would like to participate
in settlement discussions to extend the existing rate plan.”Application at 1.In Avista’s last
general rate case (AVU-E-12.-08/AVU-G-12-08),the Commission approved a “Stipulation and
Settlement’(the ‘Settlement”)that,among other elements,restricted the Company from
increasing its base rates’before January 1,2015.Order Nos.32740 and 37269.
Avista serves more than 120,000 electric customers and more than 75,000 natural gas
customers in northern Idaho.Avista also generates,transmits and distributes electricity in parts
of eastern and central Washington.The Company also distributes natural gas in Idaho,
Washington,and Oregon.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that Avista has expressed an interest in extending
its existing settlement rate plan in lieu of filing a new general rate case.The Company has had
informal discussions with several customers and interested groups including Clearwater Paper
Base rates are combined with the annual Power Cost Adjustment (PCA)rates to produce a customer’s overall
energy rate.
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
NOTICE OF SETTLEMENT CONFERENCE
ORDERNO.33051 1
Corporation;Idaho Forest Group;Community Action Partnership Association of Idaho
(CAPAI);Idaho Conservation League (ICL);and Snake River Alliance (SRA);and Commission
Staff The Company states that the purpose of initiating discussions regarding possible
alternatives to a rate case is to avoid the necessity and associated expenses for all parties [by]
avoiding a general rate case.”Id.at 2.
YOU ARE FURTHER NOTIFIED that the Company requests that the Commission
initiate a case,set a deadline for intervention,and establish a schedule for settlement conferences
to allow the parties to enter into settlement discussions pursuant to Rules 271-274.According to
Rule 272,settlement negotiations are confidential,unless all participants to the negotiation agree
to the contrary.IDAPA 3 1.01.01.272.
Based upon our review of the Application and Staff’s recommendation,the
Commission finds it reasonable to initiate a case so that parties can engage in settlement
discussions in an effort to avoid or narrow the issues in a general rate case.Because Avista has
already had informal discussions with groups which normally appear in its rate cases,we find it
appropriate to grant intervention to Clearwater Paper Corporation;Idaho Forest Group;
Community Action Partnership Association of Idaho (CAPAT);Idaho Conservation League
(ICL);and Snake River Alliance (5RA).2 We find that intervention by these entities would serve
the purpose of intervention as described by Rule 74,IDAPA 31.01.01.074.These parties need
not file Petitions to Intervene in this case.
NOTICE OF INTERVENTION DEADLINE
YOU ARE FURTHER NOTIFIED that persons other than those entities
mentioned in the preceding paragraph desiring to intervene in this matter for the purpose of
engaging in settlement negotiations must file a Petition to Intervene with the Commission
pursuant to this Commission’s Rules of Procedure 72 and 73,IDAPA 3 1.01.01.072 and -.073.
Persons intending to participate as parties in the settlement discussions must file a Petition to
Intervene no later than June 20,2014.
YOU ARE FURTHER NOTIFIED that the following persons are designated as
Avista’s representatives in this matter:
2 Staff may participate as a party in any case.Rule 37,IDAPA 31.01.01.037.
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
NOTICE OF SETTLEMENT CONFERENCE
ORDERNO.33051 2
David J.Meyer Kelly Norwood
V.P.&Chief Counsel for V.P.State &Federal Regulation
Reg.&Government Affairs Avista Corporation
Avista Corporation P0 Box 3727
P0 Box 3727 Spokane,WA 99220-3727
Spokane,WA 99220-3727 E-mail:[e-mail]
E-mail:[e-mail]
YOU ARE FURTHER NOTIFIED that once the deadline for intervention has passed,
the Commission Secretary shall prepare a Notice of Parties.
NOTICE OF SETTLEMENT CONFERENCE
YOU ARE FURTHER NOTIFIED that given the assertions set out in Avista’s
Application,Staff counsel will convene a settlement conference for the parties on
WEDNESDAY,JUNE 25,2014,IN THE COMMISSION HEARING ROOM,472 WEST
WASHINGTON STREET,BOISE,IDAHO AT 9:30 A.M.(MOUNTAIN STANDARD
TIME).The purpose of the settlement conference is to allow parties to explore alternatives to a
general rate case.See Rule 124,IDAPA 3 1.01.01.124.Parties wishing to participate by
telephone must contact Staff counsel at [phone] to make arrangements for a telephone
bridge.
YOU ARE FURTHER NOTIFIED that all hearings and settlement conferences in
this matter will be held in facilities meeting the accessibility requirements of the Americans with
Disabilities Act (ADA).Persons needing the help of a sign language interpreter or other
assistance in order to participate in or to understand testimony and argument at a public hearing
may ask the Commission to provide a sign language interpreter or other assistance at the hearing.
The request for assistance must be received at least five (5)working days before the hearing by
contacting the Commission Secretary at:
IDAHO PUBLIC UTILITIES COMMISSION
P0 BOX 83720
BOISE,IDAHO 83 720-0074
[phone] (Telephone)
[phone] (FAX)
E-Mail:çcfçtrypuc.idaho.gov
YOU ARE FURTHER NOTIFIED that Rule 276 provides that the Commission is not
bound by any settlement which may be reached by the parties.IDAPA 3 1.01.01.276.If a
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
NOTICE OF SETTLEMENT CONFERENCE
ORDERNO.33051 3
settlement is reached,the Commission will independently review any settlement proposed to it
to determine whether the settlement is just.fair and reasonable,in the public interest or otherwise
in accordance with law or regulatory policy.”id.The Commission may accept,reject or modify
any settlement.Moreover,the proponents of settlement carry the burden of showing that the
settlement is reasonable and in the public interest.Rule 275.When a settlement calls for
Commission action,the Commission will prescribe an appropriate procedure to examine the
proposed settlement.Rule 274.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted in accordance with the Commission’s Rules of Procedure,IDAPA 31.01.01.000 et
seq.
ORDER
IT IS HEREBY ORDERED that intervention is granted to Clearwater Paper
Corporation;Idaho Forest Group;Community Action Partnership Association of Idaho
(CAPAI);Idaho Conservation League (ICL);and Snake River Alliance (SRA).
IT IS FURTHER ORDERED that other persons desiring to intervene in this matter
shall file a Petition to Intervene no later than June 20,2014.Once the deadline for Petitions to
Intervene has passed,the Commission Secretary shall prepare and issue a Notice of Parties.
IT IS FURTHER ORDERED that Staff counsel shall convene an informal settlement
conference on June 25,2014,so the parties may discuss extending the existing Settlement and
rate plan in lieu of a general rate case for electric and natural gas customers.
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
NOTICE OF SETTLEMENT CONFERENCE
ORDERNO.33051 4
4
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this lU
day of June 2014.
PAUL KJELLA ,ESIDENT
7\j’\_&&
MACK A.REDI%ERD,COMMISSIONER
kL ‘L
MARSHA H.SMITH.COMMISSIONER
ATTEST:
,
Jean D.Jewel!
Cbmrnission Secretary
bls/O:AVU-E-I 4-O5AVU-G-14-01 _dh
NOTICE OF APPLICATION
NOTICE OF INTERVENTION DEADLINE
NOTICE OF SETTLEMENT CONFERENCE
ORDERNO.33051 5