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Home My WebLink About20200309Notice_of_Motion_to_Approve_Settlement_Order_No_34577.pdfOffice of the Secretary Service Date March 9,2020 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF AVISTA )CASE NOS.AVU-E-18-12 CORPORATION'S APPLICATION FOR A )AVU-G-18-08 DETERMINATION OF 2016-2017 ELECTRIC ) ENERGY EFFICIENCY EXPENSES AS )NOTICE OF MOTION TO PRUDENTLY INCURRED )APPROVE SETTLEMENT )AGREEMENT IN THE MATTER OF AVISTA )CORPORATION'S APPLICATION FOR A )NOTICE OF MODIFIED DETERMINATION OF 2014-2017 NATURAL )PROCEDURE GAS ENERGY EFFICIENCY EXPENSES AS )PRUDENTLY INCURRED )ORDER NO.34577 On November 16,2018,Avista Corporation ("Avista"or "Company")filed two applications with the Commission.The first application,Case No.AVU-G-18-08,requested the Commission determine whether the Company prudentlyincurred $2,899,525 in natural gas energy efficiency expenses from January 1,2014 throughDecember 31,2017.The second application, Case No.AVU-E-18-12,requested the Commission determine whether the Company prudently incurred $22,719,204 in electric energy efficiency expenses in 2016 and 2017. The Commission issued notices of Application and set intervention deadlines for both cases in December 2018.See Order Nos.34210 and 34222.During the ensuing months, Commission Staff worked closely with the Company to understand its data and processes. On September 17,2019,the Commission issued notices of Modified Procedure,setting a November 18,2019 comment deadlineand a December 2,2019 reply comment deadline in both cases.See Order Nos.34446 and 34444. On October 29,2019,Staff notified the Commission that,per Commission Rule 272 (IDAPA 31.01.01.272),it would begin settlement negotiations with Avista in both cases.At the request of Staff,the Commission extended the comment deadlines for both cases to December 9, 2019 for comments and December 23,2019 for reply comments.See Order Nos.34487 and 34489. On December 9,2019,Staff filed comments in both cases.Staff stated it had settled with the Company in principle and that it believed the settlement would be ready to file soon.Staff NOTICE OF MOTION TO APPROVE SETTLEMENT AGREEMENT NOTICE OF MODIFIED PROCEDURE ORDER NO.34577 1 recommended that once the settlement was filed with the Commission,the Commission should set new comment deadlines to allow public input on the settlement. On February 18,2020,Avista filed a Settlement Agreement for Commission consideration. NOTICE OF MOTION TO APPROVE SETTLEMENT AGREEMENT YOU ARE HEREBY NOTIFIED that the proposed Settlement Agreement addresses reporting and program management issues identified by Commission Staff that have made the Company's prudency cases challenging for several years.The Company agrees to review its internal processes and provide the results to Staff by specific dates.The Company will also evaluate how its reports to the Commission are prepared,engaging with Staff as part of this evaluation. YOU ARE FURTHER NOTIFIED that the Company and Staff agree to adjust the energy efficiencytariff rider accounts to correct costs that had been incorrectlyassigned. YOU ARE FURTHER NOTIFIED that the proposed Settlement Agreement states that if the Commission "rejects any part or all of [the Settlement]or imposes any additional material conditions on approval of [the Settlement],"each party reserves the right to withdraw from the proposed Settlement Agreement.Settlement Agreement at 9. YOU ARE FURTHER NOTIFIED that the proposed Settlement Agreement and the Motion to Approve Settlement Agreement are 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-Ruc.idaho.gov.Click on the "ELECTRIC"or "NATURAL GAS" icon,select "Open Cases"and click on the case number as shown on the front of this document. YOU ARE FURTHER NOTIFIED that the Commission is not bound by the Parties' agreement as reflected in the proposed Settlement Agreement.The Commission will independently review the proposed Settlement Agreement consistent with Commission Rules 271- 280,IDAPA 31.01.01.271-280,to decide whether to approve or reject it,or state conditions under which to accept it.The proposed Settlement Agreement's proponents ultimatelymust prove that it is just,fair,and reasonable,in the public interest,or otherwise in accordance with law or regulatory policy. NOTICE OF MOTION TO APPROVE SETTLEMENT AGREEMENT NOTICE OF MODIFIED PROCEDURE ORDER NO.34577 2 NOTICE OF MODIFIED PROCEDURE YOU ARE HEREBY NOTIFIED that any person desiring to state a position on the proposed Settlement Agreement must file a written comment in support or opposition with the Commission by March 26,2020.The comment must contain a statement of reasons supporting the comment.Written comments concerning the proposed Settlement Agreement and the Motion to Approve Settlement Agreement shall be mailed to the Commission and the Company at the addresses reflected below: For the Idaho Public Utilities For Avista: Commission: Commission Secretary David J.Meyer Idaho Public Utilities Commission Linda M.Gervais P.O.Box 83720 Avista Corporation Boise,ID 83720-0074 P.O.Box 3727 MSC-27 Street Address for Express Mail:Spokane,WA 99220-3727 E-Mail:david.meyer avistacorp.com 11331 W.Chinden Blvd.linda.gervais avistacorp.com Building 8,Suite 201-A Boise,Idaho 83714 These comments should contain the case caption and case number shown on the first page of this document.Persons desiring to submit comments via e-mail may do so by accessing the Commission's home page located at wivw.puc.idaho.gov.Click the "Consumers"tab then click the "Case Comment or Question Form"and complete the comment form using the case number as it appears on the front of this document. YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by April 2,2020. YOU ARE FURTHER NOTIFIED that the Commission will consider this matter on its merits and enter its Order without a technical hearing,pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission's Rules of Procedure,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.The Commission will consider written NOTICE OF MOTION TO APPROVE SETTLEMENT AGREEMENT NOTICE OF MODIFIED PROCEDURE ORDER NO.34577 3 comments received within the time limit set and,in its discretion,may set the same for technical hearing. YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission's jurisdictionunder 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. ORDER IT IS HEREBY ORDERED that all proceedings in this matter will be conducted by Modified Procedure,Rule 201-204 (IDAPA 31.01.01.201-204). IT IS FURTHER ORDERED that any person desiring to state a position on the proposed Settlement Agreement must file written comments by March 26,2020. IT IS FURTHER ORDERED that the Company must file any reply comments by April 2,2020. NOTICE OF MOTION TO APPROVE SETTLEMENT AGREEMENT NOTICE OF MODIFIED PROCEDURE ORDER NO.34577 4 DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this day of March 2020. PAUL LA R,PRESIDENT KRI MISSIONER ERIC ANDERSON,COMMISSIONER Diane M.Hanian Commission Secretary I:\Legal\GASMVU-G-18-08\ORDERSMVUGl808 nte mtn approve settlement_mb.docx NOTICE OF MOTION TO APPROVE SETTLEMENT AGREEMENT NOTICE OF MODIFIED PROCEDURE ORDER NO.34577 5