20250429Notice_of_Application_Order_No_36583.pdf

Office of the Secretary
Service Date
April 29,2025
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER ) CASE NO. IPC-E-25-19
COMPANY'S APPLICATION FOR )
APPROVAL OF A FIRST AMENDMENT OF ) NOTICE OF APPLICATION
THE ENERGY SALES AGREEMENT FOR )
THE SALE AND PURCHASE OF ELECTRIC ) NOTICE OF MODIFIED
ENERGY FROM THE BIRCH CREEK ) PROCEDURE
HYDRO PROJECT )
ORDER NO. 36583
On April 8,2025,Idaho Power Company("Company")applied to the Idaho Public Utilities
Commission ("Commission") requesting approval of the First Amendment to the Energy Sales
Agreement,between the Company and Birch Creek Trout, Inc. ("Birch Creek Trout"), for the sale
and purchase of electric energy generated by the Birch Creek Hydro Project ("Facility").
BACKGROUND
The Company and Birch Creek Trout entered into an Energy Sales Agreement("ESA")on
July 3, 2019, for the sale and purchase of electric energy generated by the Facility located near
Hagerman, Idaho. Application at 2. The ESA was approved by the Commission in Case No. IPC-
E-19-23, Order No. 34456, issued on October 4, 2019. Id.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Company states that it entered into a Consent,
Assignment, and Assumption Agreement, effective as of January 23, 2025 ("Agreement"), with
Birch Creek Trout to transfer Birch Creek Trout's interest in the Facility to Birch Creek Land and
Water, LLC ("Birch Creek Land and Water"). Id. The Company states that pursuant to the terms
of the Agreement, Birch Creek Trout has assigned, and Birch Creek Land and Water has assumed
the ESA and the rights and obligations of the Seller.Id.
YOU ARE FURTHER NOTIFIED that the Company states that the Amended ESA
correctly identifies the Seller as Birch Creek Land and Water, and revises Article XXIII
Modification to be in conformity with language previously approved by the Commission.Id. at 2-
3.
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. 36583 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 FURTHER 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 within 21 days of the service date of this Order. 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. 36583 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 Idaho Power Company:
Commission:
Commission Secretary Donovan E. Walker
Idaho Public Utilities Commission Megan Goicoechea Allen
P.O. Box 83720 IPC Dockets
Boise, ID 83720-0074 Energy Contracts
secretary(a�puc.idaho.gov Idaho Power Company
1221 West Idaho Street(83702)
Street Address for Express Mail: P.O. Box 70
Boise, ID 83707
11331 W. Chinden Blvd. dwalkergidahopower.com
Building 8, Suite 201-A mgoicoecheaallenkidahopower.com
Boise, ID 83714 docketskidahopower.com
energycontracts(kidahopower.com
YOU ARE FURTHER NOTIFIED that the Company must file any reply comments within
28 days of the service date of this Order.
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 this Application be processed under Modified Procedure.
Persons interested in submitting written comments must do so within 21 days of the service date
of this Order. The Company must file any reply comments within 28 days of the service date of
this Order.
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. 36583 3

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 29th day of
April 2025.
Ap
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EDWARD LODGE, P SIDENT
R. HAMMOND JR., COMMISSIONER
DAYN H RD E, COMMISSIONER
ATTEST:
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Commission Secretary
1ALegahELECTRIC\IPC-E-25-19_ESA Birch Creek\orders\Ntc_App_Mod_em.docx
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36583 4