20100813final_order_no_32050.pdf

Office of the Secretary
Service Date
August 13 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
THE NEW ENERGY COMPANY LLC AND
WESTERN STATES EQUIPMENT CASE NO. IPC-IO-
COMPANY, INC., ,
COMPLAINANTS,
ORDER NO. 32050
IDAHO POWER COMPANY
RESPO ND ENT.
On March 16 2010, the Commission in Order No. 31025 (Case No. GNR-lO-Ol)
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 15, 2010, the New Energy Company LLC and Western States Equipment
Company, Inc. (Complainants) filed a complaint against Idaho Power Company requesting
higher grandfathered rates (Order No. 30744) for its three PURPA qualified anaerobic digester
projects, i., (1) the Rock Creek Dairy in Filer, Idaho; (2) the Double B Dairy in Wendell
Idaho; and (3) Swager Farms in Buhl, Idaho.
On May 26, 2010, the Complainants in Case No. IPC-lO-13 filed a Contingent
Motion to Dismiss.The contingency was Commission approval of Firm Energy Sales
Agreements in Case Nos. IPC-lO-16 (Rock Creek), IPC-lO-17 (Swager Farms), and IPC-
10-18 (Double B).
COMMISSION FINDINGS
The Commission has reviewed the filings of record In Case No. IPC-lO-
including the Contingent Motion to Dismiss filed by Complainants. We have also reviewed the
filings of records in Case Nos. IPC-lO-16 (Rock Creek), IPC-lO-17 (Swager Farms), and
IPC-lO-18 (Double B).
On July 1 , 2010, the Commission approved the Firm Energy Sales Agreements
which form the basis of the Contingent Motion to Dismiss, i., Rock Creek - Order No. 32025;
Swager Farms - Order No. 32026; and Double B - Order No. 32027.
ORDER NO. 32050
The Commission finding that the conditions of the Contingent Motion to Dismiss
have been satisfied, finds it reasonable to grant the Motion to Dismiss and dismiss the complaint
in Case No. IPC-IO-13.
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 Contingent Motion to Dismiss
filed by Complainants and dismisses the complaint in Case No. IPC-IO-13.
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. 32050
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 13 r-
day of August 201
i6i1. ~-JI . KEMPTON, P SIDENT
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~~ll
Commission Secretary
bls/O:IPC-IO-13 sw2
ORDER NO. 32050