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HomeMy WebLinkAbout20230914Notice_of_Application_Order_No_35923.pdfNOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35923 1 Service Date September 14, 2023 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION On August 24, 2023, pursuant to Order No. 35810, Avista Corporation d/b/a Avista Utilities (“Company”) applied (“Application”) to the Public Utilities Commission (“Commission”) for approval of its capacity deficiency period used for its avoided cost calculations. The Company requested its Application be processed by Modified Procedure. The Commission now issues this Notice of Application and Notice of Modified Procedure setting deadlines for interested persons to comment on the Application and for the Company to reply. BACKGROUND A capacity deficiency case is used to determine when new qualifying facilities begin avoiding capacity costs for a utility and are therefore eligible to start receiving capacity payments. See Order No. 32697. Originally, each utility was required to file its capacity deficiency date case when a utility submitted its Integrated Resource Plan (“IRP”) to the Commission, and the capacity deficiency determined through the IRP planning process would be the starting point subject to the outcome of the proceeding. See Order No. 32697. In 2017, the Commission amended Order No. 32697 to require “that each Idaho electric utility shall submit its updated capacity deficiency filing after the Commission has acknowledged its IRP report, rather than upon its IRP filing….” Order No. 33917 at 4. On June 8, 2023, the Commission further adapted this instruction in Order No. 35810 and required Idaho Power Company, Rocky Mountain Power, and the Company (Avista) to file a capacity deficiency case within 30 days of their respective IRPs being filed. The Company filed its 2023 IRP on June 1, 2023.1 1 The Company stated that it originally submitted its Capacity Deficiency filing on June 20, 2023, but that it was not received by the Commission. IN THE MATTER OF AVISTA CORPORATION’S APPLICATION TO UPDATE AND ESTABLISH ITS CAPACITY DEFICIENCY PERIOD TO BE USED FOR AVOIDED COST CALCULATIONS ) ) ) ) ) ) ) NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35923 NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35923 2 NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED that the Company stated that its 2023 IRP identified January 1, 2034, as its capacity deficiency date. YOU ARE FURTHER NOTIFIED that the Company stated that its estimated capacity deficiency date was later than the capacity deficiency date initially estimated in its 2021 IRP because the Company has acquired significant new resources since that time; the Company also listed certain new resources in its Application. YOU ARE FURTHER NOTIFIED that the Company represented that it did not include any Colstrip data into its capacity filing because the exact official date of the transfer of that resource to NorthWestern Energy was not yet known—although the Company did state that the transfer should happen at the end of 2025. YOU ARE FURTHER NOTIFIED that the Application is available for public inspection during regular business hours at the Commission’s office. This document is 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. 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 the person supports or opposes the Application. Persons who would like a hearing must specifically request a hearing in their written comments. Persons shall have until November 2, 2023, 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 NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35923 3 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 secretary@puc.idaho.gov Street Address for Express Mail: 11331 W. Chinden Blvd. Building 8, Suite 201-A Boise, ID 83714 For the Company: Michael G. Andrea Senior Counsel P.O. Box 3727 1411 E. Mission Avenue, MSC-17 Spokane, WA 99220-3727 Michael.Andrea@avistacorp.com Shawn Bonfield Sr. Manager, Regulatory Policy P.O. Box 3727 1411 E. Mission Avenue, MSC-27 Spokane, WA 99220-3727 Shawn.Bonfield@avistacorp.com YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by November 16, 2023. 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 Company’s Application be processed by Modified Procedure, Rules 201-204. Persons interested in submitting written comments must do so by November 2, 2023. The Company must file any reply comments by November 16, 2023. 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. 35923 4 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 14th day of September 2023. ERIC ANDERSON, PRESIDENT JOHN R. HAMMOND JR., COMMISSIONER EDWARD LODGE, COMMISSIONER ATTEST: Jan Noriyuki Commission Secretary I:\Legal\ELECTRIC\AVU-E-23-12_CapDef\orders\AVUE2312_Ntc_App_Mod_md.docx