20240325Notice_of_Application_Order_No_36119.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36119 1
Office of the Secretary
Service Date
March 25, 2024
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF IDAHO POWER
COMPANY’S APPLICATION FOR
APPROVAL OR REJECTION OF AN
ENERGY SALES AGREEMENT WITH BP
HYDRO ASSOCIATES FOR THE SALE AND
PURCHASE OF ELECTRIC ENERGY FROM
THE ROCK CREEK II HYDRO PROJECT
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CASE NO. IPC-E-24-09

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 36119

On February 29, 2024, Idaho Power Company (“Company”), applied for approval of
an Energy Sales Agreement (“ESA”) with BP Hydro Associates (“Seller”) for electric energy
generated by the Rock Creek II Hydro Project (“Facility”) and a declaration that all payments for
purchases of energy under the proposed ESA be allowed as prudently incurred expenses for
ratemaking purposes. Under the proposed ESA, the Company would buy from the Seller electric
energy generated by the Facility, which is in Twin Falls County, Idaho. With this Order the
Commission issues notice of the Company’s Application and establishes public comment and
Party reply deadlines.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Company represents that on February 27,
2024, it formed the proposed ESA with Seller pursuant to the terms and conditions of various
Commission Orders and under the Public Utility Regulatory Policies Act of 1978 (PURPA). Under
PURPA, electric utilities must purchase electric energy from “qualifying facilities” (QFs) at rates
approved by the applicable state regulatory agency—in Idaho, this Commission. 16 U.S.C. § 824a-
3; Idaho Power v. Idaho PUC, 155 Idaho 780, 789, 316 P.3d 1278, 1287 (2013).
YOU ARE FURTHER NOTIFIED that the Company represents that the Facility is a
QF under PURPA with a nameplate rating of 1.9 megawatts. The Facility is currently selling
energy to the Company under an agreement executed in 1987 (“1987 Agreement”), which expires
on April 2, 2024.
YOU ARE FURTHER NOTIFIED that the Company represents that the proposed ESA
provides for the sale of electric energy for a 20-year term at non-levelized, non-seasonal hydro
published avoided cost rates established in Order No. 35800, with full capacity payments for the
entire term.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36119 2
YOU ARE FURTHER NOTIFIED that the Company represents that the Seller must
provide the Company with data to confirm that, under normal and/or average conditions, the
Facility will not exceed 10 average megawatts monthly.
YOU ARE FURTHER NOTIFIED that the Company represents that the Facility’s
Scheduled First Energy Date and Scheduled Operation Date under the ESA is April 3, 2024.
YOU ARE FURTHER NOTIFIED that under the ESA the Seller is required to provide
projected energy delivery estimates five days before the beginning of the following month to
comply with the 90/110 firmness requirements consistent with past Commission orders.
YOU ARE FURTHER NOTIFIED that in anticipation of a final Commission order not
being issued before the 1987 Agreement expires on April 2, 2024, and the need for an interim
agreement during the lapse period, the Company proposes to pay the Seller the Surplus Energy
Price as set forth in the ESA during the lapse period. The Surplus Energy Price would be paid from
expiration of the 1987 Agreement until a Commission order is issued approving the rates proposed
in the Application or other direction from the Commission is issued.
YOU ARE FURTHER NOTIFIED that the Company represents that the proposed ESA
will become effective only upon the Commission’s approval and finding that all payments the
Company makes to Seller for energy purchases will be allowed as prudently incurred expenses for
ratemaking purposes.
YOU ARE FURTHER NOTIFIED that the Application and Attachments are available
for public inspection during regular business hours at the Commission’s office. These documents
are also available on the Commission’s website at www.puc.idaho.gov. Click on the “ELECTRIC”
icon, select “Open Cases,” then click on the case number as shown on the front of this document.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission’s jurisdiction under Title 61 of the Idaho Code.
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.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the public
interest may not require a formal hearing in this matter, and it will review the case through written
submissions under the Commission’s Rules of Modified Procedure Rules 201-204 of the Idaho
Public Utilities Commission’s Rules of Procedure, IDAPA 31.01.01.201-204. The Commission

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36119 3
notes that Modified Procedure and written comments have proven to be an effective means for
obtaining public input and participation.
YOU ARE FURTHER NOTIFIED that persons desiring to state a position on this
Application may file a written comment explaining why they support or oppose the Application.
Persons who would like a hearing must specifically request a hearing in their written comments.
Persons shall have until April 18, 2024, to file written comments. Comments must be filed
through the Commission’s website or by e-mail unless computer access is unavailable. To
comment electronically, please access the Commission’s website at www.puc.idaho.gov. Click the
“Case Comment Form” and complete the form using the case number as it appears on the front of
this document.
To file by e-mail, persons must e-mail the comments to the Commission Secretary and
all parties at the e-mail addresses listed below. Persons submitting a comment by e-mail must
provide their name, address, and the Case Number under which they are commenting. Persons
submitting a comment by e-mail also acknowledge that submitting a comment in an open case
constitutes a public record under Idaho Code § 74-101(13), and all information provided by such
person is available for public and media inspection.
If computer access is unavailable, then comments may be mailed to the Commission
and the Parties at the addresses below. Persons submitting a comment by mail must provide their
name, address, and the Case Number under which they are commenting. Persons submitting a
comment by mail also acknowledge that submitting a comment in an open case constitutes a public
record under Idaho Code § 74-101(13), and all information provided by such person is available
for public and media inspection.
For the Idaho PUC:

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
[e-mail]

For Idaho Power Company:

Donovan E. Walker
Megan Goicoechea
Idaho Power Company
1221 W. Idaho Street
P.O. Box 70
Boise, ID 83707-0070
[e-mail]
[e-mail]
[e-mail]
[e-mail]

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36119 4

YOU ARE FURTHER NOTIFIED that the parties must file any reply comments by
April 25, 2024.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received
within the time limit set, the Commission will consider this matter on its merits and enter its order
without a formal hearing. If written comments are received within the time limit set, the
Commission will consider them and, in its discretion, may set the same for formal hearing.
O R D E R
IT IS HEREBY ORDERED that the Company’s Application be processed by Modified
Procedure, Rules 201-204. Persons interested in submitting written comments must do so by April
18, 2024. The parties must file any reply comments by April 25, 2024.
IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April
21, 2022. Generally, all pleadings should be filed with the Commission electronically and will be
deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service between
parties should continue to be accomplished electronically when possible. However, voluminous
discovery-related documents may be filed and served on CD-ROM or a USB flash drive.
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Street Address for Express Mail:

11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, ID 83714

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36119 5

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 25th day
of March 2024.

ERIC ANDERSON, PRESIDENT

JOHN R. HAMMOND JR., COMMISSIONER

EDWARD LODGE, COMMISSIONER

ATTEST:

Monica Barrios-Sanchez
Commission Secretary

I:\Legal\ELECTRIC\IPC-E-24-09_BP Hydro\orders\IPCE2409_Ntc of App_Mod_at.docx