BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Application of ) Avista Corp. For Authority to ) DOCKET UE-990251 Implement a Special Contract for ) Electric Service with Mirabeau ) ORDER APPROVING Point, Inc. ) CONTRACT ) . . . . . . . . . . . . . . . . . . . . ) On March 1, 1999, Avista Corporation (Avista), filed a special contract with the Commission for provision of electric service to the Mirabeau Development pursuant to WAC 480-80-335. The contract provides for a limited-term rate discount for electric service to qualifying customers whose facilities are completed within the development by October 1, 2001. The discounted rate will be offered for a period of five (5) years commencing with the completion of construction of the customer’s permanent electric facilities. The special contract is being offered in response to provisions within a Service Territory Agreement (Agreement) entered into between the Washington Water Power Company (now Avista Corporation) and Inland Power and Light Company (Inland) and approved by the Commission in Docket No. UE-981149. As provided for in that Agreement in Section 10(b); Excluded Areas and Customers, customers who received offers of service prior to the Agreement’s enactment are considered as having choice of electricity providers. Because of this provision the utilities agreed that they would honor outstanding offers by each party to serve these selected customers. Regulatory Division Staff have reviewed the special contract within the context of the Agreement and WAC 480-80-335 and find that it is consistent with the requirements of these. FINDINGS 1. Avista Corporation (formerly known as the Washington Water Power Company) is an electric company subject to the jurisdiction of the Commission. 2. The contract for electric service filed with Mirabeau Point Development by Avista Corporation is in compliance with WAC 480-80-335. 3. Pursuant to the Service Territory Agreement in effect between Avista and Inland, the customers identified in the special contract have a choice as to their electricity service provider. Docket No. UE-990251 Page 1 4. This special contract is the result of limited circumstances and is being offered for a limited duration, it is not a signal of how this Commission should decide future territory disputes. 5. Customers eligible for the discounted rate under this contract are defined as those whose monthly peak demand exceed 50 kilowatts and whose permanent electric service facilities are completed within the Mirabeau Development no later than October 1, 2001. 6. After careful examination and giving careful consideration to all relevant matters and for good cause shown, the Commission finds that the contract for electric service between Avista and Mirabeau Point, Inc. should become effective as filed on March 31, 1999. ORDER THE COMMISSION THEREFORE ORDERS That the contract for electric service filed herein by Avista Corporation shall become effective March 31, 1999, and the discounted electric rate shall be applied for eligible customers for a term of five (5) years commencing with the completion of construction of the customer’s permanent electric service facilities within the Mirabeau Development. DATED at Olympia, Washington, and effective this 24th day of March, 1999. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION MARILYN SHOWALTER, Chairwoman RICHARD HEMSTAD, Commissioner WILLIAM R. GILLIS, Commissioner