20220617Notice_of_Application_Order_No_35431.pdf

NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35431 1
Office of the Secretary
Service Date
June 17, 2022
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF JOINT PETITION OF
AVISTA CORPORATION AND FORD
HYDRO LIMITED PARTNERSHIP
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CASE NO. AVU-E-22-07

NOTICE OF PETITION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35431

On May 11, 2022, Avista Corporation d/b/a Avista Utilities (“Company”) petitioned
the Commission for approval of a Power Purchase Agreement (“PPA”) between the Company and
Ford Hydro Limited Partnership (“Seller”) (collectively, “Parties”), concerning the sale of energy
from the Seller’s hydroelectric generating unit near Weippe, Idaho (the “Facility”). The Facility is
a qualifying facility (“QF”) under the Public Utility Regulatory Policies Act of 1978 (“PURPA”).
The Parties request that their joint petition (“Petition”) be processed by Modified Procedure.
Petition at 1.
The Commission now provides this Notice of Petition and establishes public comment
deadlines for interested persons and the Company’s reply.
NOTICE OF PETITION
YOU ARE HEREBY NOTIFIED that the Parties intend the proposed PPA to replace
a prior PPA which expires on June 30, 2022. Id. at 3. If approved, the Parties requested an effective
date of July 1, 2022. Id.
YOU ARE FURTHER NOTIFIED that under the PPA the Seller would sell net
delivered output to the Company at the avoided cost rate for non-fueled projects smaller than ten
average megawatts per month; the Parties included the anticipated rates in Exhibit E. Petition at
3; Exhibit E. For surplus energy, the Company will pay the current month’s market energy cost
per megawatt-hour, or the net delivered cost, whichever is lower. Id.
YOU ARE FURTHER NOTIFIED that the Company is obligated to purchase 5,000
megawatt hours annually from Seller. Power Purchase Agreement at 8. The Company will have
the right—but not the obligation—to purchase any net delivered output from the Facility exceeding
1.499 megawatts in any hour. Id.

NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35431 2
YOU ARE FURTHER NOTIFIED that the Company requests that the Commission
issue an order approving the PPA, and, if approved, declare the prices to be just and reasonable, in
the public interest, and the costs as legitimate. Id. at 7.
YOU ARE FURTHER NOTIFIED that the Petition and the PPA are available for
public inspection during regular business hours at the Commission’s office. These 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 it will review the case through written
submissions under the Commission’s Rules of Modified Procedure Rules 201-204 of the Idaho
Public Utilities Commission’s Rules of Procedure, IDAPA 31.01.01.201-204. 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
Petition may file a written comment explaining why they support or oppose the Petition. Persons
who would like a hearing must specifically request a hearing in their written comments. Persons
shall have until July 6, 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:

NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35431 3

YOU ARE FURTHER NOTIFIED that the Parties must file any reply comments by
July 13, 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 Parties’ Petition be processed by Modified
Procedure, Rules 201-204 (IDAPA 31.01.01.201-.204). Persons interested in submitting written
comments must do so by July 6, 2022. The Parties must file any reply comments by July 13, 2022.
IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April
21, 2022. Generally, all pleadings should be filed with the Commission electronically and will be
deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service between
parties should continue to be accomplished electronically when possible. However, voluminous
discovery-related documents may be filed and served on CD-ROM or a USB flash drive.
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For the Idaho PUC:

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

Street Address for Express Mail:

11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, ID 83714

For Avista Corporation:

Kevin Holland (MSC-7)
Michael G. Andrea (MSC-17)
1411 E. Mission Ave.
Spokane, WA 99202
[e-mail]
[e-mail]

For Ford Hydro Limited Partnership:

Brenda J. Ford
PO Box 1432
Lewiston, ID 83501

NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35431 4
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 17th day
of June 2022.

ERIC ANDERSON, PRESIDENT

JOHN CHATBURN, COMMISSIONER

JOHN R. HAMMOND JR., COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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