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HomeMy WebLinkAbout20161107_5115.pdfDECISION MEMORANDUM 1 DECISION MEMORANDUM TO: COMMISSIONER KJELLANDER COMMISSIONER RAPER COMMISSIONER ANDERSON COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM: CAMILLE CHRISTEN DEPUTY ATTORNEY GENERAL DATE: NOVEMBER 3, 2016 SUBJECT: THE APPLICATION OF IDAHO POWER COMPANY FOR APPROVAL OR REJECTION OF AN ENERGY SALES AGREEMENT WITH H K HYDRO LLC, CASE NO. IPC-E-16-25 On November 1, 2016, Idaho Power Company filed an Application seeking a Commission Order approving or rejecting its Energy Sales Agreement (ESA) with H K Hydro, LLC, and if the ESA is accepted, declaring that all payments for purchases of energy under the ESA be allowed as prudently incurred expenses for ratemaking purposes. Application at 1, 6. Under the proposed ESA, Idaho Power would buy, and H K Hydro would sell, electric energy generated by the Mud Creek S&S hydro project located near Buhl, Idaho. Id. at 1. The project is an existing “qualifying facility” (QF) under the Public Utility Regulatory Policies Act (PURPA). Id. at 4. The ESA would replace an existing agreement first approved by the Commission in 1981. Id. at 2. The proposed ESA, signed by the parties on October 5, 2016, is a replacement contract with a 20-year term and non-levelized, non-seasonal, hydro published avoided cost rates.1 Id. at 3-4. Idaho Power asks that the Application be processed under Modified Procedure, with which Staff agrees. 1 The Application states that the contract’s rates are as established by Commission Order No. 33538 for replacement contracts and for energy deliveries of less than 10 aMW. Application at 4. DECISION MEMORANDUM 2 COMMISSION DECISION Does the Commission wish to issue a Notice of Application and Notice of Modified Procedure with a 21-day comment period, followed by a 14-day period for reply comments by the Company? M:IPC-E-16-25_cc