20240304Notice_of_Petiton_Order_No_36106.pdf

NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36106 1
Office of the Secretary
Service Date
March 4, 2024
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT PETITION
OF AVISTA CORPORATION AND STIMSON
LUMBER COMPANY FOR APPROVAL OF
AMENDMENT NO. 6 TO POWER
PURCHASE AND SALE AGREEMENT
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CASE NO. AVU-E-24-03

NOTICE OF PETITION

NOTICE OF MODIFIED
PROCEDURE

ORDER NO. 36106

On February 6, 2024, Avista Corporation d/b/a Avista Utilities (“Avista”) and Stimson
Lumber Company (“Stimson”) (collectively “the Parties”) jointly petitioned the Idaho Public
Utilities Commission (“Commission”) requesting an order approving Amendment No. 6 to the
Power Purchase Agreement (“PPA”) between the Parties (“Petition”). The Parties represented that
Amendment No. 6 shall account for the anticipated periods when the facility1 (“Facility”) will be
non-operational between January 1, 2024, and December 31, 2025. The Parties requested that the
Commission issue an order accepting Amendment No. 6 with a retroactive effective date of
February 2, 2024.
NOTICE OF PETITION
YOU ARE HEREBY NOTIFIED that the Parties represented that the original PPA was
extended by Amendment No. 2 through December 31, 2023.
YOU ARE FURTHER NOTIFIED that the Parties represented that the proposed
Amendment Nos. 3 through 5 extended the term of the PPA through December 31, 2025, and
updated the PPA to apply the current published avoided cost rates to all power purchases by Avista
from January 1, 2024, through December 31, 2025.
YOU ARE FURTHER NOTIFIED that the Parties stated that Stimson informed Avista
that Stimson expects there to be extended periods when the Facility will not be operating during
the updated contract term. As a default, Section 31 of the PPA requires Stimson to pay a use-of-
facilities charge during the entire contract term. The proposed Amendment No. 6 would allow
Stimson to not pay the use-of-facilities charge for any months that the Facility is not in use.

1 The Facility is a 6.5 megawatt, “thermal wood waste small power electric generation plant located in Plummer,
Idaho.” Petition at 2.

NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36106 2
YOU ARE FURTHER NOTIFIED that the Petition is available for public inspection
during regular business hours at the Commission’s office. The Petition 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
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 Petition
may file a written comment explaining why the person supports or opposes the Petition. 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 so by April 8, 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 the
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,

NOTICE OF PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36106 3
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.
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:

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

For Stimson Lumber:

Lisa Zentner
Stimson Lumber Company
9400 SW Barnes Rd., Suite 530
Portland, OR 97225
[e-mail]

YOU ARE FURTHER NOTIFIED that the Parties must file any reply comments by April
15, 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 Parties’ filing be processed by Modified Procedure.
Persons wishing to file written comments must do so by April 8, 2024. The Parties must file any
reply comments by April 15, 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 PETITION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36106 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 4th day of
March 2024.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN R. HAMMOND JR., COMMISSIONER

__________________________________________
EDWARD LODGE, COMMISSIONER

ATTEST:

___________________________________
Monica Barrios-Sanchez
Commission Secretary

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