20230428Notice_of_Application_Order_No_35761.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35761 1

Office of the Secretary
Service Date
April 28, 2023

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On April 6, 2023, Commission Staff (“Staff) filed an application (“Application”) with the
Idaho Public Utilities Commission (“Commission”) for an order modifying the required filing date
for the capacity deficiency cases filed by Idaho Power, Avista, and Rocky Mountain Power.
BACKGROUND
A capacity deficiency case is used to determine when new qualifying facilities (“QFs”)
begin avoiding capacity cost for a utility and are 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. On October 24, 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 28, 2019, Idaho Power filed its 2019 IRP in Case No. IPC-E-19-19, and
concurrently filed its capacity deficiency date case in Case No. IPC-E-19-20. On April 29, 2020,
the Commission issued Order No. 34649, requiring Idaho Power to file its first capacity deficiency
date case upon IRP acknowledgement. Order No. 34649 at 4.
On April 9, 2021, Idaho Power filed its capacity deficiency date case, Case No. IPC-E-21-
09, after the acknowledgement of the Second Amended 2019 IRP. On July 21, 2021, Staff
recommended in its comments that a generic docket be opened to determine the timing of the
capacity deficiency date filing in relation to the timing of the IRP. On July 28, 2021, Idaho Power
IN THE MATTER OF COMMISSION
STAFF’S APPLICATION TO ALTER THE
FILING DATE OF THE CAPACITY
DEFICIENCY CASE
)
)
)
)
)
)
)
)
CASE NO. GNR-E-23-01

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35761
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35761 2

stated in its reply comments that Idaho Power preferred that the capacity deficiency date case be
filed at the time of the IRP filing.
On February 4, 2022, Idaho Power filed an amended application in that case. On March
31, 2022, Staff recommended in its Amended Comments that “if the Commission decided to re-
evaluate when the capacity deficiency date case should be filed, a generic docket should be opened
because the decision may need to consider factors affecting all three Idaho electric utilities.” Staff’s
Amended Comments at 3.
On May 25, 2022, the Commission issued Order No. 35415, which required Staff to “meet
with the Companies to review and consider the factors that impact the established filing date of
the capacity deficiency date. If warranted, a docket shall be opened to seek authorization to alter
the established date.” Order No. 35415 at 11.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that on February 22, 2023, Staff met with representatives
from Idaho Power, Avista, and Rocky Mountain Power, through an online workshop to consider a
potential change to the timing for filing capacity deficiency date cases.
YOU ARE FURTHER NOTIFIED that at the end of the workshop, all the participants
reached a consensus that the best option was to have each utility file its capacity deficiency case
within 30 days from the date it files its IRP for acknowledgment. Participants believe that this will
ensure that each utility’s capacity deficiency case will be based on the most recent information
identified in its IRP and will allow that utility to incorporate any new information and data that
may have changed while preparing its IRP during its development cycle.
YOU ARE FURTHER NOTIFIED that Staff proposes to change the filing time of the
capacity deficiency case to within 30 days after the IRP is filed for acknowledgment.
YOU ARE FURTHER NOTIFIED that the Application and Attachments 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.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35761 3

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,
IDAPA 31.01.01.201 through .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. Persons interested in filing written comments must do so within twenty-one (21)
days of the service date of this Order. 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 document. To file by e-
mail, the customer must e-mail the comment to the Commission Secretary and the Utilities at the
e-mail addresses listed below. If computer access is unavailable, then comments may be mailed to
the Commission and the Utilities 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:

John Lyons
James Gall
Shawn Bonfield
Avista Corporation
P.O. Box 3727
1411 East Mission Avenue
Spokane, WA 99220-3727
[e-mail]
[e-mail]
[e-mail]
[e-mail]

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35761 4

For Idaho Power:

Donovan E. Walker
Camille Christen
Idaho Power Company
1121 W. Idaho Street 83702
P.O. Box 70
Boise, ID 83707-0070
[e-mail]
[e-mail]
[e-mail]

For Rocky Mountain Power:

Mark Alder
Dan MacNeil
Rocky Mountain Power
1407 West North Temple, Suite 330
Salt Lake City, Utah 84116
[e-mail]
[e-mail]

YOU ARE FURTHER NOTIFIED that Staff must file any reply comments within twenty-
eight (28) days of the service date of this Order.
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.
ORDER
IT IS HEREBY ORDERED that Commission Staff’s Application be processed by
Modified Procedure, Rule 201-204 (IDAPA 31.01.01.201-.204). Persons interested in submitting
written comments must do so within twenty-one (21) days of the service date of this Order.
Commission Staff must file any reply comments within twenty-eight (28) days of the service date
of this Order.
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. 35761 5

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 28th day of
April 2023.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN R. HAMMOND JR., COMMISSIONER

_________________________________________
EDWARD LODGE, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\GNR-E-23-01\Orders\GNRE2301_Ntc_App_Mod_cb.docx