RECENT DEVELOPMENTS

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updated 07/10/18

Protests of this deal in Idaho have caused their Public Utilities Commission to schedule a meeting to take another look.  This is progress.

“”YOU ARE HEREBY NOTIFIED that the Commission will convene a technical hearing in this matter on MONDAY, JULY 23, 2018, AT 9:30 AM (MDT) IN THE COMMISSION’S HEARING ROOM, 472 WEST WASHINGTON, BOISE, IDAHO. The purpose of this hearing will be to take the technical evidence of the parties in this matter relating to concerns and issues raised in the public hearings and comments, and whether the proposed settlement is just, fair, and reasonable, in the public interest, or otherwise in accordance with law or regulatory policy, in light of those concerns. The Company, and if they desire the intervenors and Commission Staff, should be prepared to present live direct testimony at the hearing on these issues and the proposed settlement.””

6/26/18

Due to the large number of comments received by  the Idaho Public Utilities Commission the Idaho Deputy Attorney General has recommended that a technical hearing be held to address the concerns brought up at the public hearings in Moscow, Sandpoint, Coeur De’Alene and in the 370 comments they have recieved.  The recommended date is July 23.

Here is the June 20 Memorandum:

DECISION MEMORANDUM

TO: COMMISSIONER KJELLANDER

COMMISSIONER RAPER

COMMISSIONER ANDERSON

COMMISSION SECRETARY

COMMISSION STAFF

LEGAL

FROM: BRANDON KARPEN

DEPUTY ATTORNEY GENERAL

DATE: JUNE 20,2018

SUBJECT: JOINT APPLICATION OF HYDRO ONE LIMITED AND AVISTA

CORPORATION FOR APPROVAL OF MERGER AGREEMENT;

CASE NOS. AVU.E-I7-09 AND AVU-G.17.05

 

On July 19,2017, Avista announced that it had entered into a merger agreement with

Hydro One (“Applicants”). On September 14, 2017, the Applicants filed the above captioned

joint application for approval of the merger. Approval of the Application would result in Avista

becoming a wholly owned subsidiary of a Hydro One holding company. Idaho Forest Group,

Clearwater Paper, Idaho Conservation League (ICL), the Community Action Partnership

Association of Idaho (CAPAI), and the Washington and Northern Idaho District Council of

Laborers (WNIDCL) intervened as parties.

 

After multiple settlement discussions, on April 13,2018, the Applicants filed a Motion

for Approval of Stipulation notifying the Commission that all parties had reached a full

settlement, and requested that the settlement be processed by modified procedure. The

Commission granted that request, and issued notice of proposed settlement and set comment

deadlines.

 

On June 12-14, 2018, the Commission conducted well-attended public hearings in

Moscow, Sandpoint, and Coeur d’Alene. Additionally, to date, the Commission has received

approximately 370 public comments on the merger. The issues raised in those comments and at

the hearings include, but are not limited to, concerns regarding the Canadian location of Hydro

One, the Golden Share ring fencing provision, jurisdiction of this Commission after the merger

closes, ownership of Avista assets, the imposition of Canadian regulations in ldaho, the rate

impact of the merger, Avista ratepayer obligations related to Hydro One debt, and the effect the

merger will have on American waterways.

 

STAFF RECOMMENDATION

Due to the remarkable public interest in the proposed merger, Staff recommends that the

Commission hold a technical hearing to address the concerns and issues raised by the public.

Staff recommends that the Commission convene a technical hearing at the Commission offices

on Monday, July 23,2018, at 9:30 AM (MDT). Staff further recommends that the Commission

direct the Company, and intervenors, if necessary, to prepare to present live direct testimony at

the technical hearing.

 

COMMISSION DECISION

Does the Commission wish to issue notice of the technical hearing as described in the

Staff recommendation?

Brandon Karpen

Deputy Attorney General