20110118final_order_no_32161.pdf

Office ofthe Secretary
Service Date
January 18 2011
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
AGPOWER JEROME, LLC,
CASE NO. IPC-I0-
COMPLAINANT,
ORDER NO. 32161
IDAHO POWER COMPANY,
RESPONDENT.
On March 16, 2010, the Commission in Order No. 31025 (Case No. GNR-10-01)
lowered the published avoided cost rates available to eligible qualifying small power production
facilities under the Public Utility Regulatory Policies Act of 1978 (PURP A).
On April 9, 2010, AgPower Jerome, LLC (AgPower) filed a complaint against Idaho
Power Company requesting grandfathered treatment and the higher rates of Order No. 30744 for
its PURP A qualified anaerobic digester project.
On November 23 2010, AgPower filed a Contingent Motion to Dismiss in Case No.
IPC- E-1 0-11.The stated contingency was Commission approval of a Firm Energy Sales
Agreement for the AgPower proposed Double A Dairy Digester project in Case No. IPC-lO-
26.
COMMISSION FINDINGS
The Commission has reviewed the filings of record in Case No. IPC-10-
including the Contingent Motion to Dismiss filed by AgPower. We have also reviewed the
filings of record in Case No. IPC-10-26.
On December 16, 2010, the Commission approved the Firm Energy Sales Agreement
which forms the basis of the Contingent Motion to Dismiss, i., Case No. IPC-1O-, Order
No. 32138.
The Commission finding that the condition of AgPower s Contingent Motion to
Dismiss has been satisfied, finds it reasonable to grant the Motion to Dismiss and to dismiss
(with prejudice) the complaint in Case No. IPC-10-11.
ORDER NO. 32161
CONCLUSIONS OF LAW
The Idaho Public Utilities Commission has jurisdiction over Idaho Power, an electric
utility, and the issues raised in this matter 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
(QFs), and to implement FERC rules.
ORDER
In consideration of the foregoing and as more particularly described above, IT IS
HEREBY ORDERED and the Commission does hereby grant the Motion to Dismiss filed by
AgPower and dismisses (with prejudice) the complaint in Case No. IPC-10-11.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7)
days after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. See Idaho Code ~ 61-626.
ORDER NO. 32161
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /8
day of January 2011.
~4~/~. KEMPTON, P SIDENT
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~D ft~. n D. Jewell
ommlSSlOn Secretary
bls/O:IPC-IO-ll sw
ORDER NO. 32161