20211012_dh1.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

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

FROM: DAYN HARDIE
DEPUTY ATTORNEY GENERAL

DATE: OCTOBER 8, 2021

SUBJECT: ROCKY MOUNTAIN POWER’S APPLICATION FOR APPROVAL OR
REJECTION OF AN ENERGY SALES AGREEMENT WITH AMY
FAMILY HOLDINGS, LLC; CASE NO. PAC-E-20-18.

On December 3, 2020, Rocky Mountain Power (“Company”) filed an Application
seeking approval or rejection of an amendment to extend for one-year an existing Energy Sales
Agreement (“ESA”) the Company has with Amy Family Holdings, LLC (“Seller”) to allow the
parties to secure a stand-alone interconnection agreement replacing the interconnection provision
in the existing ESA. The Company reasoned that if the ESA was not extended or renewed it would
expire on December 31, 2021.
After the Company filed its Application to extend the ESA’s term by one-year, the
Seller significantly progressed on the new interconnection provisions to the point the Company
became confident the Seller could complete the required interconnection before the energy sales
agreement expires, thus negating the need for the one-year extension. On March 10, 2021, the
Company filed an unopposed motion for stay with the goal of allowing the Seller to complete the
new interconnection provisions.
On March 25, 2021, the Commission granted the Company’s motion to stay this case.
Order No. 34971. The Commission required that if the Seller had not completed interconnection
by October 15, 2021, the Company would need to seek continuance to allow the Commission to
fully process the case by December 31, 2021.
On September 23, 2021, the Company filed an unopposed motion to lift stay
(“Motion”) requesting the Commission consider its Application and issue a final order by
DECISION MEMORANDUM 2
December 31, 2021 because the transmission upgrades necessary for the long-term power purchase
agreement will not be completed until May 2022. The Company states “the existing contract must
be extended so the Seller can maintain its current interconnection rights until the transmission
upgrades are complete.”
STAFF RECOMMENDATION
Staff recommends the Commission grant the Company’s Motion and issue a Notice of
Modified Procedure establishing a November 22, 2021 public comment deadline and a November
29, 2021 Company reply deadline.
COMMISSION DECISION
Does the Commission wish to grant the Company’s Motion and issue a Notice of
Modified Procedure establishing a November 22, 2021 public comment deadline and a November
29, 2021 Company reply deadline?

_______________________________
Dayn Hardie
Deputy Attorney General

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