modproc.app.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

in the matter of APPLICATION OF IDAHO POWER COMPANY FOR APPROVAL OF AN AGREEMENT FOR SALE AND PURCHASE OF SURPLUS ENERGY BETWEEN IDAHO POWER COMPANY AND THE AMALGAMATED SUGAR COMPANY, LLC—TWIN FALLS FACILITY.
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CASE NO. IPC-E-01-35

NOTICE OF APPLICATION

NOTICE OF MODIFIED PROCEDURE

NOTICE OF COMMENT/PROTEST DEADLINE

YOU ARE HEREBY NOTIFIED that on October 19, 2001, Idaho Power Company (Idaho Power; Company) filed an Application with the Idaho Public Utilities Commission (Commission) requesting approval of an Agreement for Sale and Purchase of Surplus Energy (Agreement) between Idaho Power and Amalgamated Sugar Company, LLC (TASCO) under which Idaho Power agrees to purchase surplus electric energy up to 3 MW from TASCO’s refined sugar production facility in Twin Falls at prices that are less than market-based non-firm energy prices. The term of the Agreement will run for five (5) years following the initial service date.
Pursuant to the Agreement, the electric energy to be sold under the Surplus Energy Agreement is non-firm energy and will only be available when TASCO does not consume the electric energy in the Twin Falls plant. The surplus energy to be purchased from TASCO is priced at 85% of the monthly weighted average non-firm Dow Jones Mid-Columbia Index price. Setting the purchase price at a discount from market price, Idaho Power contends, assures that when the Company needs the energy, the price will always be more attractive than buying from the market. When it does not need the power, Idaho Power believes it should be able to resell the energy at the higher wholesale market price.
Idaho Power notes that the Agreement contains a new Section 9, which has previously not been included in contracts between Idaho Power and qualifying facilities. Section 9 entitled “Reliability Management System”, is required by the Western Systems Coordinating Council (WSCC) as a part of Idaho Power’s participation in the WSCC Reliability Management System.
Idaho Power requests that the Agreement be approved without change or condition and requests a Commission determination that all payments for purchases of energy incurred under the Agreement be allowed as prudently-incurred expenses for ratemaking purposes.
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filings of record in Case No. IPC-E-01-35. The Commission has preliminarily determined that the public interest regarding the Agreement for Sale and Purchase of Surplus Energy between Idaho Power Company and Amalgamated Sugar Company LLC (Twin Falls facility) 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 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-01-35 is Thursday, November 29, 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-01-35 should be mailed to the Commission and the 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 BARTON L KLINE
SENIOR ATTORNEY
IDAHO POWER COMPANY
PO BOX 70
BOISE ID 83707-0070

Street Address for Express Mail:

1221 W. IDAHO ST.
BOISE, ID 83702

and

JOHN P. PRESCOTT
VICE PRESIDENT—POWER SUPPLY
IDAHO POWER COMPANY
PO BOX 70
BOISE ID 83707-0070

Street Address for Express Mail:

1221 W. IDAHO ST.
BOISE, ID 83702

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-01-35 can be reviewed at the Commission’s office and at the principal office of Idaho Power Company during regular business hours.
DATED at Boise, Idaho this day of November 2001.

Jean D. Jewell
Commission Secretary

vld/N:IPC-E-01-35_sw

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/PROTEST DEADLINE 1

Office of the Secretary
Service Date
November 9, 2001