28833.mod.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF
IDAHO POWER COMPANY FOR APPROVAL
OF A LETTER AGREEMENT AMENDING
THE ELECTRIC SERVICE AGREEMENT
BETWEEN IDAHO POWER COMPANY AND
J.R. SIMPLOT COMPANY
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) CASE NO. IPC-E-01-28

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

NOTICE OF
COMMENT/PROTEST
DEADLINE

ORDER NO. 28833

YOU ARE HEREBY NOTIFIED that on August 3, 2001, Idaho Power Company (Idaho Power; Company) filed an Application with the Idaho Public Utilities Commission (Commission) requesting approval of a July 30, 2001, Letter Agreement amending the August 27, 1973, Electric Service Agreement between Idaho Power Company and J.R. Simplot Company (Pocatello Plant). Simplot agrees to reduce its electric load at the Pocatello plant as per scheduling set forth in the Letter Agreement. The actions to be taken by the parties are conditioned upon the market prices of wholesale power. In consideration for a reduction in Simplot’s consumption of energy, the parties agree that Idaho Power shall pay to Simplot an amount equal to two-thirds of market price for each kilowatt hour of actual load reduction. The parties agree that if Simplot fails to reduce its load by a percentage of the amount specified in the Letter Agreement that liquidated damages will be assessed.
Idaho Power requests authority to include in the Company’s Power Cost Adjustment (PCA) mechanism any payments made to Simplot under the Letter Agreement. The Letter Agreement as structured provides that there is no requirement for lost revenue computation. Idaho Power submits that the transaction is in the public interest in all aspects and is beneficial to the Idaho Power retail system.
Idaho Power requests that its Application be processed on an expedited basis.

YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filings of record in Case No. IPC-E-01-28. The Commission has preliminarily determined that the public interest regarding the Letter Agreement between Idaho Power and J.R. Simplot Company may not require a hearing to consider the issues presented and that issues raised by the Application may be processed under Modified Procedure, i.e., by written submission rather than by hearing. Reference Commission Rules of Procedure, IDAPA 31.01.01.201-.204.
YOU ARE FURTHER NOTIFIED that the Commission may not hold a hearing in this proceeding unless it receives written protests or comments opposing the use of Modified Procedure and stating why Modified Procedure should not be used. Reference IDAPA 31.01.01.203.
YOU ARE FURTHER NOTIFIED that the Commission finds it reasonable to process the Company’s Application in an expedited manner. The deadline for filing written comments or protests with respect to the Application and the Commission’s use of Modified Procedure in Case No. IPC-E-01-28 is Friday, August 31, 2001. Persons desiring a hearing must specifically request a hearing in their written protests or comments.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the deadline, the Commission will consider the issue on its merits and enter its Order without a formal hearing. If comments or protests are filed within the deadline, the Commission will consider them and in its discretion may set the matter for hearing or may decide the matter and issue its Order based on the written positions before it. Reference IDAPA 31.01.01.204.
YOU ARE FURTHER NOTIFIED that written comments concerning Case No. IPC-E-01-28 should be mailed to the Commission, Idaho Power and J.R. Simplot Company at the addresses reflected below:

COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074

Street Address for Express Mail:

472 W WASHINGTON ST
BOISE, ID 83702-5983 LARRY D. RIPLEY
SENIOR ATTORNEY
IDAHO POWER COMPANY
1221 W. IDAHO STREET (83702)
PO BOX 70
BOISE, ID 83707-0070

JOHN R. GALE
VICE PRESIDENT-REG. AFFAIRS
IDAHO POWER COMPANY
1221 W. IDAHO STREET (83702)
PO BOX 70
BOISE, ID 83707-0070

R. SCOTT PASLEY
ATTORNEY
J.R. SIMPLOT COMPANY
PO BOX 27
BOISE, ID 83707

DAVID H. HAWK, DIRECTOR
ENERGY NATURAL RESOURCES
J.R. SIMPLOT COMPANY
PO BOX 27
BOISE, ID 83707
All comments should contain the case caption and case number shown on the first page of this document.
YOU ARE FURTHER NOTIFIED that the Application in Case No. IPC-E-01-28 can be reviewed at the Commission’s office and at the principal office of Idaho Power Company during regular business hours.
O R D E R
IT IS HEREBY ORDERED and the Commission in Case No. IPC-E-01-28 does hereby approve the procedure and scheduling set forth above.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this _______ day of August 2001.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

bls/N:IPCE0128_sw

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINE
ORDER NO. 28833 4

Office of the Secretary
Service Date
August 23, 2001