20240223Notice_of_Application_Order_No_36098.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36098 1
Office of the Secretary
Service Date
February 23, 2024
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT PETITION
OF AVISTA CORPORATION AND
REGENTS OF THE UNIVERSITY OF IDAHO
FOR APPROVAL OF POWER PURCHASE
AGREEMENT
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CASE NO. AVU-E-24-02

NOTICE OF APPLICATION

NOTICE OF MODIFIED
PROCEDURE

ORDER NO. 36098

On January 31, 2024, Avista Corporation (“Avista”) and the Regents of the University of
Idaho (“University”) (collectively, the “Parties”) filed a joint petition with the Idaho Public
Utilities Commission (“Commission”) requesting an order approving a Power Purchase
Agreement (“Agreement”) between the Parties for a 132.32 kW (AC) solar facility (“Facility”).
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Parties represent that the Agreement is
substantially the same as the Original Agreement approved by the Commission in Order No.
35440, which is set to expire by its terms on February 16, 2024, and the University intends to use
the output from the Facility to serve the University’s load. Application at 3-4. The Parties state
that to the extent that the Facility generates output in excess of the University’s load, the University
has elected to sell all such output from the Facility to Avista at the avoided costs calculated at the
time of delivery. Id.
YOU ARE FURTHER NOTIFIED that the Parties represent that in the Agreement the
Parties made minor modifications to the language of the Original Agreement to reflect
Commission precedent in Order No. 35705, and the Agreement also contains language reflecting
the significance of Commission approval of any amendment to the Agreement. Id.
YOU ARE FURTHER NOTIFIED that the Application is available for public inspection
during regular business hours at the Commission’s office. The Application 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, and that all proceedings in this

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36098 2
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 HEREBY NOTIFIED that the Commission has determined that the public
interest may not require a formal hearing in this matter, and that it will proceed under Modified
Procedure pursuant to the Commission’s Rules of Procedure 201-204, 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 the person supports or opposes the
Application. Persons who would like a hearing must specifically request a hearing in their written
comments and explain why written comments alone are insufficient. Persons interested in filing
written comments must do by March 15, 2024. 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 http://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, persons must e-mail the comments to the Commission Secretary and all
parties at the e-mail addresses listed below. Persons submitting a comment by e-mail must provide
their name, address, and the Case Number under which they are commenting. Persons submitting
a comment by e-mail also acknowledge that submitting a comment in an open case constitutes a
public record under Idaho Code § 74-101(13), and all information provided by such person is
available for public and media inspection.
If computer access is unavailable, then comments may be mailed to the Commission and
the Parties at the addresses below. Persons submitting a comment by mail must provide their name,
address, and the Case Number under which they are commenting. Persons submitting a comment
by mail also acknowledge that submitting a comment in an open case constitutes a public record
under Idaho Code § 74-101(13), and all information provided by such person is available for public
and media inspection.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36098 3
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:

Michael G. Andrea
Chris Drake
Avista Corporation
1411 East Mission, MSC-7, MSC-17
Spokane, WA 99202
[e-mail]
chris.drake@avistacorp

For the Regents of the University of Idaho:

Edith Pacillo
Office of General Counsel
322 E. Front Street, 340G
Boise, ID 83702
[e-mail]
[e-mail]

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

YOU ARE FURTHER NOTIFIED that the Parties must file any reply comments by
March 22, 2024.
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 final
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.
ORDER
IT IS HEREBY ORDERED that the Application be processed by Modified Procedure,
Rules 201-204 (IDAPA 31.01.01.201-.204). Persons interested in filing written comments must
do so by March 15, 2024. The Parties must file any reply comments by March 22, 2024.
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 APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36098 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 23rd day of
February 2024.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN R. HAMMOND JR., COMMISSIONER

__________________________________________
EDWARD LODGE, COMMISSIONER
ATTEST:

Monica Barrios-Sanchez
Commission Secretary
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