HomeMy WebLinkAbout20240716Notice_of_Application_Order_No_36263.pdf Office of the Secretary
Service Date
July 16,2024
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION ) CASE NO. IPC-E-24-28
OF IDAHO POWER COMPANY FOR )
APPROVAL OF A SECOND AMENDMENT ) NOTICE OF APPLICATION
TO THE ENERGY SALES AGREEMENT )
FOR THE SALE AND PURCHASE OF ) NOTICE OF MODIFIED
ELECTRIC ENERGY FROM THE LOWLINE ) PROCEDURE
#2 HYDRO PROJECT )
ORDER NO. 36263
On July 1, 2024, Idaho Power Company("Company")filed an application("Application")
with the Idaho Public Utilities Commission ("Commission") requesting an order approving the
Second Amendment("Second Amendment")to the Energy Sales Agreement("ESA")between the
Company and Lower Lowline LLC("Seller")for electric energy generated by the Seller's Lowline
#2 Hydro Project("Facility" or"Project"),which is a PURPA Qualifying Facility ("QF").
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Company represents that on October 13, 2022,
the Company and the Seller entered into a replacement ESA for the purchase and sale of energy
produced by the Facility. Application at 2. The ESA was subject to a First Amendment that was
approved by the Commission on May 1, 2023.Id.
YOU ARE FURTHER NOTIFIED that the Company represents that the Company and the
Seller desire to enter into the Second Amendment to the ESA,to: (1)modify the evaluation period
for the Project's eligibility for seasonal hydro rates consistent with the change recently authorized
by the Commission for another PURPA QF; and (2) revise Article XXIII Modification to add
language addressing modifications to the ESA as well as Facility modifications.Id. at 3.
YOU ARE FURTHER NOTIFIED that the Company represents that the Second
Amendment to the ESA was executed by the parties on June 12, 2024, and is subject to the
Commission's approval. Id.
YOU ARE FURTHER NOTIFIED that the Application is available for public inspection
during regular business hours at the Commission's office. The Application is also available on the
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36263 1
Commission's website at www.puc.idaho.gov. Click on the "ELECTRIC" icon, select "Open
Cases," and 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, and 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 HEREBY NOTIFIED that the Commission has determined that the public
interest may not require a formal hearing in this matter, and that it will proceed under Modified
Procedure pursuant to the Commission's Rules of Procedure 201-204, 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.
YOU ARE FURTHER NOTIFIED that persons desiring to state a position on this
Application may file a written comment explaining why the person supports or opposes the
Application. Persons who would like a hearing must specifically request a hearing in their written
comments and explain why written comments alone are insufficient. Persons interested in filing
written comments must do so by August 22, 2024. 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 http://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
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36263 2
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 Public Utilities For the Company:
Commission:
Commission Secretary Megan Goicoechea Allen
Idaho Public Utilities Commission Donovan E. Walker
P.O. Box 83720 IPC Dockets
Boise, ID 83720-0074 1221 West Idaho Street(83702)
secretary(a puc.idaho.gov P.O. Box 70
Boise, ID 83707
Street Address for Express Mail: mgoicoecheaallengidahopower.com
dwalker(k idaho power.com
11331 W. Chinden Blvd. docketskidahopower.com
Building 8, Suite 201-A energycontractskidahopower.com
Boise, ID 83714
YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by
August 29, 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 final
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.
ORDER
IT IS HEREBY ORDERED that the Application be processed by Modified Procedure,
Rules 201-204 (IDAPA 31.01.01.201-.204). Persons interested in filing written comments must
do so by August 22, 2024. The Company must file any reply comments by August 29, 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.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36263 3
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 161h day of
July 2024.
(I-,-
ERIC ANDERSON, PRESIDENT
?iR.IHAMMOND JR., COMMISSIONER
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ED ARD LODGE, COM" K I SIONER
ATTEST:
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Mo os anc e
Commission Secretary
L\Legal\ELECTRIC\IPC-E-24-28_LowlineNo2\orders\IPCE2428_Ntc_App_Mod_cb.docx
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36263 4