20200804_mh1.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: MATT HUNTER
DEPUTY ATTORNEY GENERAL

DATE: JULY 30, 2020

SUBJECT: IN THE MATTER OF IDAHO POWER COMPANY’S APPLICATION FOR
APPROVAL OR REJECTION OF A FIRST AMENDMENT TO THE
ENERGY SALES AGREEMENT FOR THE SALE AND PURCHASE OF
ELECTRIC ENERGY FROM NORTH GOODING MAIN HYDRO, LLC;
CASE NO. IPC-E-20-31

On July 21, 2020, Idaho Power Company filed an Application seeking approval of the
First Amendment (“Amendment”) to its Energy Sales Agreement (“ESA”) with North Gooding
Main Hydro, LLC (“Seller”). Application at 1. The ESA falls under the Public Utility Regulatory
Policies Act of 1978 (“PURPA”) and is a contract for the sale and purchase of electric energy
generated by the North Gooding Main Hydro project—a PURPA qualifying facility. Id. The
Amendment addresses when the Seller must notify Idaho Power to revise future monthly Estimated
Net Energy Amounts. Id. at 2. Idaho Power asks that the Commission process its Application by
Modified Procedure. Id. at 3.
BACKGROUND
The Commission approved Idaho Power’s ESA with the Seller in 2015. Order No.
33404. Section 6.2.3 of the ESA addresses when the Seller must notify Idaho Power if it wishes to
revise any future monthly Estimated Net Energy Amounts after the Operation Date. Application
at 2. The Seller must give Idaho Power at least one month’s notice in order to revise a given
month’s Estimated Net Energy Amount. See Case No. IPC-E-15-24, Application, Attachment 1.

THE AMENDMENT
The Amendment changes when the Seller must notify Idaho Power to revise future
monthly Estimated Net Energy Amounts. Application at 2. The Amendment states that “[a]fter the
DECISION MEMORANDUM 2
Operation Date, the Seller must revise any future monthly Estimated Net Energy Amounts by
providing written notice no later than 5 PM Mountain Standard time on the 25th day of the month
that is prior to the month to be revised.” Id. If the 25th day falls on a weekend or holiday, written
notice must be received by the Company no later than the last business day prior to the 25th day of
the month. Id. The Amendment provides the following example: “…if the Seller would like to
revise the Estimated Net Energy Amount for October, they would need to submit a revised
schedule no later than September 25 or the last business day prior the September 25.” Id.
STAFF RECOMMENDATION
Staff has reviewed the Application and the Amendment and recommends the
Application be processed under Modified Procedure with a 21-day comment deadline and a 7-day
reply comment deadline.
COMMISSION DECISION
Does the Commission wish to issue a Notice of Application and Notice of Modified
Procedure with a 21-day comment deadline and a 7-day reply comment deadline?

Matt Hunter
Deputy Attorney General

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