20220324Notice_of_Petition_Order_No_35354.pdf

NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35354 1

Office of the Secretary
Service Date
March 24, 2022
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On February 23, 2022, Avista Corporation (“Company”) and the Regents of the
University of Idaho (“University”) (collectively, the “Parties”) petitioned the Commission for an
order approving a power purchase agreement (“Agreement”) between the Company and the
University for the University’s 132.32 Kilowatt (“kW”) solar facility (“Facility”). The Parties
requested a Commission order approving the Agreement’s effective date of February 16, 2022.
The Commission now issues Notice of Petition and Modified Procedure setting
comment deadlines for interested persons and the Company.
NOTICE OF PETITION
YOU ARE HEREBY NOTIFIED that the Facility is in Moscow, Idaho and is a
Qualifying Facility under the Public Utility Regulatory Policies Act of 1978 (“PURPA”).
YOU ARE FURTHER NOTIFIED that the University intends to use the output from
the Facility to serve the University’s load. Under the Agreement, the University will sell to the
Company all output from the Facility in excess of the University’s load. The Company represents
that such output will be sold at the “avoided cost calculated at the time of delivery, which shall be,
for each hour in which the University delivers such output to the Company at the Point of Delivery
the Market Energy Price for such hour expressed in $ per [kilowatt hour] multiplied by the total
[kilowatt hour] delivered to Avista at the Point of Delivery for such hour.” Petition at 3-4.
YOU ARE FURTHER NOTIFIED the term of the Agreement is for two years from
February 16, 2022.
YOU ARE FURTHER NOTIFIED that the Application and supporting attachments
are available for public inspection during regular business hours at the Commission’s office. These
IN THE MATTER OF AVISTA AND THE
UNIVERSITY OF IDAHO’S JOINT
PETITION FOR APPROVAL OF A POWER
PURCHASE AGREEMENT (SOLAR
FACILITY)
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CASE NO. AVU-E-22-04

NOTICE OF PETITION

NOTICE OF MODIFIED
PROCEDURE

ORDER NO. 35354
NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35354 2

documents are also available on the 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.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted
pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 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 will proceed under Modified Procedure
pursuant to Rules 201 through 204 of the Idaho Public Utilities 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 persons desiring to state a position on this
Application may file a written comment explaining why they support or oppose the Application.
Persons who would like a hearing must specifically request a hearing in their written comments.
Persons shall have until May 4, 2022, to file written comments. 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 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, the customer must e-mail the comments to the Commission
Secretary and the Company at the e-mail addresses listed below. If computer access is unavailable,
then comments may be mailed to the Commission and Company at these addresses:
For the Idaho Public Utilities
Commission:

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
[e-mail]

For the Company:

Kevin Holland
Manager Wholesale Marketing & Contracts
Avista Corporation
1411 E. Mission Ave., MSC-7
Spokane, WA 99202
[e-mail]

NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35354 3

Street Address for Express Mail:

11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, Idaho 83714
Michael G. Andrea
Senior Counsel Avista Corporation
1411 E. Mission Ave., MSC-17
Spokane, WA 99202
[e-mail]

For the University

Edith Pacillo
Senior Associate General Counsel
322 E. Front Street, 324D
Boise, ID 83702
[e-mail]
[e-mail]

Gregory M. Adams
Richardson Adams, PLLC
515 N. 27th Steet
Boise, ID 83702
Email: [e-mail]

YOU ARE FURTHER NOTIFIED that any reply comments must be filed by May 11,
2022.
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.
O R D E R
IT IS HEREBY ORDERED that the Petition will be processed by Modified Procedure,
Rules 201-204 (IDAPA 31.01.01.201-.204). Persons interested in submitting written comments
must do so by May 4, 2022, any reply comments must be filed by May 11, 2022.
IT IS FURTHER ORDERED that the parties should continue to comply with Order
No. 35058, issued June 3, 2021. All pleadings should be filed with the Commission electronically
and shall be deemed timely filed when received by the Commission Secretary. See Rule 14.02.
Service between parties should also be accomplished electronically. Voluminous discovery-related
documents may be filed and served on CD-ROM or a USB flash drive.
NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35354 4

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 24th day
of March 2022.

ERIC ANDERSON, PRESIDENT

JOHN CHATBURN, COMMISSIONER

JOHN R. HAMMOND JR., COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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