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Home My WebLink About20180124notice_of_application_order_no_33972.pdfOffice of the Secretary Service Date January 24,2018 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE JOINT )CASE NO.AVU-E-18-01 APPLICATION OF AVISTA CORPORATION )AND CLARK FORK HYDRO LLC FOR )NOTICE OF APPLICATION APPROVAL OF A POWER PURCHASE )AGREEMENT )NOTICE OF )MODIFIED PROCEDURE )ORDER NO.33972 On January 9,2018,Avista Corporation dba Avista Utilities and Clark Fork Hydro LLC (collectively,"the Parties")jointly applied to the Commission for an order approving their Power Purchase Agreement (PPA),with a requested effective date of January 1,2018.Application at 1.The Commission now issues this Notice of Application'and Notice of Modified Procedure setting comment and reply deadlines. NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED that the Parties explain that Clark Fork is the developer of the Derr Creek Hydroelectric Project,a 250 kilowatt (kW)"qualifying facility"(QF) under the Public Utility Regulatory Policies Act (PURPA).Id at 2. YOU ARE FURTHER NOTIFIED that under the PPA,Avista will buy the QF's output at the applicable non-levelized rates for non-seasonal hydro projects smaller than 10 average megawatts.Id.at 3.The PPA has a 20-year term.See id.at 4. YOU ARE FURTHER NOTIFIED that according to the PPA,the Parties had a prior agreement under which Avista purchased the output from the QF,which expired by its own terms on December 31,2017.PPA at 3.The Parties entered into the proposed PPA so Avista could continue to purchase the output from the QF.Id 'Avista and Clark Fork Hydro styled their filing as a "Petition."The parties'filing,in essence,asks the Commission for the right to buy and sell power under the PPA.The parties thus should have styled their filing as an "Application."See Rule 52 (IDAPA 31.01.01.52)(All pleadings requesting a right,certificate,permit,or authority from the Commission are called "applications").In this case,the Commission will referto the parties'"Petition"as an "Application." NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO.33972 1 YOU ARE FURTHER NOTIFIED that in sum,the Parties jointly request that the Commission issue an order accepting the PPA,without change or condition,with an effective date of January 1,2018,and declaring that all payments made by Avista for purchases under the PPA be allowed as prudentlyincurred expenses for ratemaking purposes.Application at 4. YOU ARE FURTHER NOTIFIED that the Application has been filed with the Commission and is available for public inspection during regular business hours at the Commission offices.These documents are also available on the Commission's web site at u un.nuc.Muhocov.Click on the "File Room"tab at the top of the page,then select "Electric 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 specifically Idaho Code §§61-502 and 61-503.The Commission has authorityunder PURPA and the implementing regulations of the Federal Energy Regulatory Commission (FERC)to set avoided costs,to order electric utilities to enter into fixed-term obligations for the purchase of energy from qualified facilities and to implement FERC rules.The Commission may enter any final Order consistent with its authorityunder Title 61 and PURPA. YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted pursuant to the Commission's Rules of Procedure,IDAPA 31.01.01.000et 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 Rules 201 through 204 of the Commission's Rules of Procedure,IDAPA 31.01.01.201 through .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 any person desiring to state a position on this Application may file a written comment in support or opposition with the Commission by no later than 21 days from the service date of this Order.The comment must contain a statement of reasons supporting the comment.Persons desiring a hearing must specifically request a hearing in their written comments.Written comments concerning this Application shall be mailed to the Commission and Avista at the addresses reflected below: NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO.33972 2 Commission Secretary For Avista Corporation: Idaho Public Utilities Commission Steve Silkworth,MSC-7 PO Box 83720 Manager,Wholesale Marketing and Boise,ID 83720-0074 Contracts Michael G.Andrea,MSC-33 Street Address for Express Mail:Senior Counsel 1411 E.Mission Ave. 472 W.Washington Street Spokane,WA 99202 Boise,ID 83702-5918 E-Mail:steve.silkworth@avistacorp.com mic]haeLandrea@avistacom For Clark Fork Hydro: Jay White Operations Manager Clark Fork Hydro LLC P.O.Box 528 Clark Fork,ID 83811 E-mail:jaymidgamela@yalloo.cym Dennis M.Davis Witherspoon Kelley 608 Northwest Blvd.,Ste.#300 Coeur d'Alene,ID 83814-2714 E-mail:dmd@witherwoonkellev.com These comments should contain the case caption and case number shown on the first page of this document.Persons desiring to submit comments via e-mail may do so by accessing the Commission's home page located at wivw.gucidalho.gov.Click the "Case Comment or Question Form"under the "Consumers"tab,and complete the comment form using the case number as it appears on the front of this document. YOU ARE FURTHER NOTIFIED that the Parties shall file reply comments,if necessary,by no later than 7 days from the comment deadline. 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 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. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO.33972 3 ORDER IT IS HEREBY ORDERED that the Application of Avista Corporation and Clark Fork Hydro,LLC be processed by Modified Procedure,Rule 201-204 (IDAPA 31.01.01.201-.204). Persons interested in submitting written comments must do so no later than 21 days from the service date of this Order.The Parties may file a reply no later than 7 days from the deadline for comments. DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this day of January 2018. PAUL KJELLXÑDER,PRESIDENT KRI TINE RAPER,ÚOlÀMISSIONER ERIC ANDERSON,COMMISSIONER ATTEST: Diane M.Haniin Commission Secretary I:\LeganLORDERS\AVUE1801ce utc ofapp mod proced.docx NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO.33972 4