20231109Notice_of_Petition_Order_No_35992.pdf

NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35992 1

Office of the Secretary
Service Date
November 9, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On October 2, 2023, Avista Corporation (“Avista” or “Company”) and Clearwater Paper
Corporation (“Clearwater”) (collectively “the Parties”) filed a Joint Petition (“Petition”) seeking
Commission approval to amend their 2018 Power Purchase and Sale Agreement (“2018 PPA”)
(“Petition”). Supplemental materials illustrating the changes to the 2018 PPA were filed
concurrently with the Petition.1 The Parties’ requested a three-year extension of the 2018 PPA and
authority to file a revised Schedule 25P. The Parties also requested that this case be processed by
Modified Procedure.
The Commission now issues Notice of Modified Procedure and sets deadlines for public
comments and the Company’s reply.
BACKGROUND
The Commission approved the 2018 PPA in Order No. 342522 which is set to expire on
December 31, 2023. The Parties stated that Clearwater has business ventures that include
manufacturing paper in Nez Perce County, Idaho. Clearwater operates a facility that generates
approximately 132.2 megavolt-amperes (“Facility”).
The 2018 PPA was designed to optimize the value of Clearwater’s generation and the value
of its RECs while having a neutral effect upon Avista’s customers. To accomplish this, under the
2018 PPA, Avista supplies Clearwater with all the energy that its Facility needs at $24.50 per
megawatt-hour (as specified in Schedule 25P) while all of the Facility’s output is sold to Avista at
a similar rate.

1 The Amendment includes Attachment A, which amends the Renewable Energy Certificates (“REC”) Agreement
associated with the 2018 PPA. Additionally, an errata to the signature block was filed on October 12, 2023.
2 The Company’s Petition at page 1 referred to Order No. 34242 as approving the 2018 PPA in error but later correctly
identified this Order as Order No. 34252 on page 3 of the Petition.
IN THE MATTER OF AVISTA
CORPORATION’S AND CLEARWATER
PAPER COPRORATION’S JOINT PETITION
FOR APPROVAL OF AMENDMENT NO. 1
TO POWER PURCHASE AND SALE
AGREEMENT
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CASE NO. AVU-E-23-15

NOTICE OF PETITION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35992
NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35992 2

NOTICE OF PETITION
YOU ARE HEREBY NOTIFIED that the Parties’ requested Amendment will extend the
terms of the 2018 PPA through December 31, 2026. The proposed Amendment will amend
Sections 3(a) and 5(a) to facilitate this extension. The Parties requested authority to file a revised
Schedule 25P accordingly.
YOU ARE FURTHER NOTIFIED that the Parties proposed adjusting the treatment of the
RECs as described in Attachment A of the Amendment.
YOU ARE FURTHER NOTIFIED that the Petition and supplemental materials 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 December 5, 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 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
NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35992 3

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]

Street Address for Express Mail:

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

For Avista Corporation:

Michael G. Andrea
1411 E. Mission Ave., MSC-17
Spokane, WA 99202
[e-mail]

For Clearwater Paper:

Michael S. Gadd
Clearwater Paper Corporation
601 W. Riverside Ave., Suite 1100
Spokane, WA 99201

Peter Richardson
Richardson Adams, PLLC
505 N. 27th Street
Boise, ID 83702
[e-mail]

YOU ARE FURTHER NOTIFIED that the Parties must file any reply comments by
December 12, 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 Parties’ Petition be processed by Modified Procedure,
Rule 201-204. Persons interested in submitting written comments must do so by December 5,
2023. The Parties must file any reply comments by December 12, 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
NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35992 4

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.
DONE by order of the Idaho Public Utilities Commission at Boise, Idaho this 9th day of
November 2023.

ERIC ANDERSON, PRESIDENT

JOHN R. HAMMOND JR., COMMISSIONER

EDWARD LODGE, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

AVUE2315_Ntc_App_Mod_md.docx