20220909Notice_of_Application_Order_No_35528.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35528 1

Office of the Secretary
Service Date
September 9, 2022
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On August 11, 2022, Avista Corporation (“Company”) and Idaho County Light &
Power Cooperative Association, Inc. (“Seller”) (hereinafter referred to as the “Parties”), jointly
applied to the Commission requesting an order approving the Parties’ new Power Purchase
Agreement (“PPA”). Seller owns and operates a 1,010 kilowatt1 hydroelectric generating facility
near Lucile, Idaho (“Facility”). The Facility is a qualifying facility under the Public Utility
Regulatory Policies Act of 1978. The Parties requested an effective date of October 31, 2022.
The Commission now issues Notice of Modified Procedure and sets deadlines for
interested persons to comment on the Application, and for the Company to reply.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Application states that the PPA replaces a
prior agreement which expires on October 30, 2022. The Company also notes that this new PPA
shall be for a term of 20 years, beginning October 31, 2022.
YOU ARE FURTHER NOTIFIED that the Parties request the Commission declare all
payments for purchase of energy under the PPA be allowed as prudently incurred expenses for
ratemaking purposes.
YOU ARE FURTHER NOTIFIED that the Application is 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.

1 Due to limitations of the generator’s penstock, Seller estimates that the production of the Facility is functionally
closer to 900 kilowatts under ideal conditions.
IN THE MATTER OF THE JOINT PETITION
OF AVISTA CORPORATION AND IDAHO
COUNTY LIGHT & POWER
COOPERATIVE ASSOCIATION FOR
APPROVAL OF POWER PURCHASE AND
SALE AGREEMENT
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CASE NO. AVU-E-22-14

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35528
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35528 2

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
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 October 5, 2022, to file written comments. Comments must be
filed through the Commission website or by e-mail unless computer access is unavailable. To
comment electronically, please access the Commission’s home page 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 e-mail addresses
listed below. In addition to submitting the comments to the Commission Secretary, the customer
must also e-mail 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 Avista Corporation:

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

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35528 3

Street Address for Express Mail:

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

For Idaho County Light & Power
Cooperative Association:

Gregory M. Adams
Richardson Adams, PLLC
515 N. 27th Street
Boise, Idaho 83702
Phone: [phone]
[e-mail]

Max Beach
Idaho County Light & Power Cooperative
Association
P.O. Box 300
Grangeville, ID 83530
[e-mail]

YOU ARE FURTHER NOTIFIED that the Parties must file any reply comments by
October 12, 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’ Application be processed by Modified
Procedure, Rule 201-204 (IDAPA 31.01.01.201-.204). Persons interested in submitting written
comments must do so by October 5, 2022. The Parties must file any reply comments by October
12, 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.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35528 4

DONE by order of the Idaho Public Utilities Commission at Boise, Idaho this 9th day
of September 2022.

ERIC ANDERSON, PRESIDENT

JOHN CHATBURN, COMMISSIONER

JOHN R. HAMMOND JR., COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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