20040527Final Order No 29503.pdf

Otlice of the Secretary
Service Date
May 27, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
IDAHO POWER COMP ANY FOR APPROV AL
0 F AN AGREEMENT FOR SALE AND
PURCHASE OF ELECTRIC ENERGY
BETWEEN IDAHO POWER COMPANY AND
THE J.R. SIMPLOT COMPANY
CASE NO. IPC-04-
ORDER NO. 29503
On March 5 , 2004, Idaho Power Company (Idaho Power; Company) filed an
Application with the Idaho Public Utilities Commission (Commission) requesting approval of a
Firm Energy Sales Agreement (Agreement) between Idaho Power and l.R. Simplot Company
(Simplot) dated February 19, 2004.
Pursuant to Notice issued March 23 2004, the Company s Application was processed
using Modified Procedure. The deadline for filing written comments was April 16, 2004.
Timely comments were filed by the Commission Staff and the Idaho Department of Water
Resources. Reply Comments were filed by Idaho and the l.R. Simplot Company.
On May 20, 2004, Idaho Power on behalf of itself and Simplot filed a Motion to
Withdraw its Application in Case No. IPC-04-7. As reflected in the Motion filing, Idaho
Power and Simplot have agreed to cancel the February 19, 2004 Agreement and to enter into a
new Firm Energy Sales Agreement. They state that the new agreement should eliminate the
major concerns expressed in the Commission Staff s comments in this case. The new agreement
will be submitted for approval when executed.
Idaho Power requests that the Commission grant its Motion to Withdraw its
Application and conclude Case No. IPC-04- 7. The Commission in this Order grants the
Company s Motion.
COMMISSION FINDINGS
The Commission has reviewed and considered the filings of record in Case
No. IPC-04-7. We have reviewed the Company s Motion to Withdraw Application and find
good cause to grant same. Reference IDAP A 31.01.01.068.
ORDER NO. 29503
CONCLUSIONS OF LAW
The Idaho Public Utilities Commission has jurisdiction over Idaho Power Company,
an electric utility, pursuant to the authority and power granted it under Title 61 of the Idaho Code
and the Public Utility Regulatory Policies Act of 1978 (PURP A).
The Commission has authority under PURP A and the implementing regulations of
the Federal Energy Regulatory Commission (FERC) to set avoided costs, to order electric
utilities to enter into fixed term obligations for the purchase of energy from Qualified Facilities
and to implement FERC rules.
ORDER
In consideration of the foregoing and as more particular! y described above, IT
HEREBY ORDERED and the Commission does hereby grant the Motion of Idaho Power
Company to withdraw its Application in Case No. IPC-04- 7. In so doing, the Commission
concludes proceedings and closes Case No. IPC-O4- 7.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) may petition for reconsideration within twenty-one (21) days of the
service date of this Order with regard to any matter decided in this Order. Within seven (7) days
after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. See Idaho Code 9 61-626.
ORDER NO. 29503
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ~ 7-P-
day of May 2004.
MARSHA H. SMITH, COMMISSIONER
, COMMISSIONER
ATTEST:
~ill.
D. Jewell
Commission Secretary
vld/O:IPCE0407 sw
ORDER NO. 29503