IPCE2212_dec_rn.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER ANDERSON
COMMISSIONER CHATBURN
COMMISSIONER HAMMOND
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: RILEY NEWTON
DEPUTY ATTORNEY GENERAL

DATE: JUNE 1, 2022

SUBJECT: IN THE MATTER OF CLEAN ENERGY OPPORTUNITIES FOR IDAHO’S
PETITION FOR AN ORDER TO MODIFY THE SCHEDULE 84 100kW
CAP & TO ESTABLISH A TRANSITION GUIDELINE FOR CHANGES TO
SCHEDULE 84 EXPORT CREDIT COMPENSATION VALUES; CASE NO.
IPC-E-22-12.

On April 28, 2022, Clean Energy Opportunities for Idaho (“CEO”) petitioned the
Commission for an order that: “(1) modifies the project eligibility cap for Schedule 84 customers
to 100 percent of a customer’s maximum demand; and (2) establishes a Transition Guideline that
improves predictability and stability of rates by setting a limit to the pace at which the
compensation for excess energy may change for Schedule 84 customers if and when an Export
Credit Rate is implemented.” Petition at 1. CEO further requested the order to be issued by October
31, 2022.
On May 18, 2022, Idaho Power Company (“Company”) filed an Answer and Motion
to Dismiss CEO’S Petition. The Company contended the Petition was an impermissible collateral
attack on a final order (Order No. 35284), was redundant and premature, and based on an uncertain
and faulty premise and should therefore be dismissed.
STAFF RECOMMENDATION
Staff recommends the Commission issue a Notice of Petition, a Notice of Intervention
Deadline establishing a 21-day Intervention deadline, and direct interested parties to respond to
the Company’s Motion to Dismiss within 21 days.

DECISION MEMORANDUM 2
COMMISSION DECISION
Does the Commission wish to issue a Notice of Petition, a Notice of Intervention
Deadline establishing a 21-day Intervention deadline, and direct interested parties to respond to
the Company’s Motion to Dismiss within 21 days?

Riley Newton
Deputy Attorney General
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