BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Application of AVISTA CORPORATION for a Ruling on the Regulatory Treatment of the Gain on the Proposed Sale of the 2.5% Share of the Centralia Power Plant Acquired by Avista Corporation from Portland General Electric to be Sold to TECWA Power, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) ) ) ) ) ) ) ) ) ) ) ) DOCKET NO. UE-000080 PREHEARING CONFERENCE ORDER 1. The Commission convened a prehearing conference in this docket pursuant to due and proper notice to all interested persons at Olympia, Washington on February 10, 2000 before Administrative Law Judge C. Robert Wallis. 2. The parties appeared as follows: The applicant, Avista Corporation, appeared by Gary A. Dahlke, attorney, Spokane; Intervenor Industrial Customers of Northwest Utilities (ICNU), by Melinda J. Davison, Portland; Public Counsel Division of the Attorney General Office, by Simon ffitch, assistant attorney general; and the Commission Staff, by Robert D. Cedarbaum, assistant attorney general. 3. The Applicant and Commission Staff proposed a process and a schedule in which the Commission could reach a decision on the application in the order resolving the merits in Docket Nos. UE-991255, et al., involving the Applicant= s request for approval of the sale of its interest in an electric generation facility. The Applicant asked that the Commission enter a consolidated order in that docket and in this proceeding, no later than March 7, 2000. 4. Public Counsel and Intervenor expressed concerns about the proposed schedule, involving briefs due on February 18 and 25, stating that the schedule would not afford them sufficient opportunity to prepare their submissions. Commission Staff asked that the schedule meet all parties=reasonable preparation needs. The bench also observed that the proposed schedule could hamper the Commission=s efforts to produce a fully informed decision that knowledgeably and reasonably dealt with the issues. 5. For those reasons, the following process and schedule are adopted: (a) The parties suggested that his docket be consolidated with Docket No. UE-991255 solely so that the record in that docket (and the dockets with which it was consolidated for hearing and decision) is available for consideration in this Application. On reflection, we believe that consolidation would be administratively burdensome in both proceedings and unnecessary to achieve the desired result. All parties to this proceeding are parties in the referenced proceeding. The parties agree as to the need to rely upon the record. By that agreement and with the consent of the Commission, the parties may use the record to the same extent in this docket as they may use the record in the original proceeding. Doing so affords the parties and the Commission full access to the record, yet forecloses the need to order consolidation, serve all parties, alter the case captions, and so forth. Any party objecting to this proposal may file the objection within the time stated for objections at the conclusion of this order. (b) The parties will submit an agreed stipulation of facts to the Commission no later than the close of business on Monday, February 14, 2000. (c) The parties will submit simultaneous opening briefs on February 28, 2000. Reply briefs -- limited to responses to matters that the party has not addressed in its opening brief and that are new or a Asurprise@ to responding parties -- are due in the Commission offices no later than March 6, 2000. Parties must also send a courtesy copy to the Commission=s records center via electronic mail to arrive no later than the stated due dates. We select those days to allow one business day for overnight delivery, and we anticipate that the Commission will not grant extensions of time or permission to file by electronic means with copies to follow later. 6. The Commission will make its best efforts to expedite a decision once the matter is before it. 7. NOTICE TO PARTIES: Any objection to the provisions of this Order must be filed within ten (10) days after the date of mailing of this document, pursuant to WAC 480-09-460(2). Absent such objections, this prehearing conference order will control further proceedings in this matter, subject to Commission review. Dated at Olympia, Washington and effective this day of February, 2000. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION C. ROBERT WALLIS Administrative Law Judge