20140519notice_of_public_hearing_order_no_33039.pdf

Office of the Secretary
Service Date
May 19,2014
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER
COMPANY'S PETITION TO
TEMPORARILY SUSPEND ITS PURPA
OBLIGATION TO PURCHASE NEERGY
GENERATED BY SOLAR.POWERED
QUALIFYING FACILITIES (QFs).
CASE NO.IPC-E.I4.09
NOTICE OF PUBLIC HEARING
ORDER NO. 33039
On May 13,2014,Idaho Power Company filed a Petition pursuant to Idaho PUC
Rules of Procedure 53, 56, and 256. The Petition requested the Commission immediately issue
an Order temporarily suspending the utility's obligation to purchase energy from solar-powered
qualifying facilities (QFs) under the Public Utility Regulatory Policies Act (PURPA). Idaho
Power asserts that the purpose of the temporary suspension would allow it to complete the
"current solar integration cost study and to include the results thereof into the [power] purchase
agreements with solar QFs." Petition at 2. In the alternative, Idaho Power requests the
Commission issue an Order that "any solar PURPA contracts or obligations . . . with Idaho
Power shall contain an appropriate integration charge." Id. at l-2. The Company maintains that
a temporary suspension is necessary "to prevent great and irreparable harm" to its customers that
will result if the utility is compelled to enter into PPAs/obligations with solar QFs without the
inclusion of solar integration costs. Id. at 2.
Procedural Rules 53 and 56 generally set out the form, content, and time
requirements for filing a motion or petition with the Commission. Rule 256 states that a motion
requesting substantive relief will not be acted upon with fewer than fourteen (14) days notice
unless (1) the petition states the facts supporting its request to act on shorter notice and (2)
parties receive actual notice of the motion. IDAPA 3 1.01.01.256.02. The rule further states that
"the Commission will allow at least two (2) days (excluding Saturdays, Sundays and legal
holidays) after notification by telephone or actual receipt of the motion for parties to inform the
Commission Secretary, either in writing personally delivered to the Secretary or by telephone,
whether they support or oppose the motion and whether they desire to be heard on the motion in
person, in writing or by telephone. . . ." IDAPA 31.01.01.256.02.b.
Based upon Idaho Power's request for expedited relief, the Commission took up this
matter at its public decision meeting on May 19,2014. Idaho Power filed testimony in support
NOTICE OF PUBLIC HEARING
ORDER NO. 33039 I
of its Petition. Therefore, pursuant to Rule 256.02.a., the threshold requirement of presentation
of facts supporting the Petition has been met. The rule further requires notice and an opportunity
to be heard in order to ensure procedural due process. We find that a public hearing, allowing all
interested persons or parties to participate, complies with the due process requirements of Rule
256. A public hearing will provide interested persons and parties the opportunity to state their
positions on the Petition and also allow for expedited treatment of the request.
The purpose of the public hearing will be to consider the narrow questions raised by
Idaho Power in its Petition:
(1) Whether the Commission should immediately issue an Order temporarily
suspending Idaho Power's obligation under PURPA to enter into
contracts to purchase energy generated by qualifying solar-powered QFs;
(2) Alternatively, whether the Commission should issue an Order directing
Idaho Power to include an appropriate solar integration charge in PURPA
contracts with solar QFs.
The Commission is interested in testimony regarding whether the need to suspend solar contract
negotiations is immediate; whether expedited relief is truly necessary; and whether other interim
measures are available or appropriate that would allow solar development and contract
negotiations to continue as Idaho Power's solar integration study is concluded and presented to
the Commission for review. Debate regarding whether and what type of solar integration charge
may be appropriate will occur at a later date in a subsequent proceeding. This public hearing
will be narrowly conducted to address the issues presented in ldaho Power's Petition.
NOTICE OF PUBLIC HEARING
YOU ARE HEREBY NOTIFIED that a public hearing in this matter will convene on
WEDNESDAY. MAY 21. 2014. AT 6:00 P.M. AT THE COMMISSION'S HEARING
ROOM. 472 WEST WASHINGTON STREET. BOISE. IDAHO. The purpose of the public
hearing will be for the Commission to take the formal testimony of customers and interested
members of the public on the nzrrrow questions regarding (l) suspension of Idaho Power's
PURPA obligation or, in the altemative, (2) a directive by the Commission to include solar
integration charges in future solar contracts. Testimony will be recorded and made part of the
Commission's formal record for decision in this matter. The Company's customers and any
other interested members of the public are encouraged to attend and give testimony.
NOTICE OF PUBLIC HEARING
oRDER NO. 33039
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this
Petition may file a written comment in support or in opposition with the Commission no later
than Wednesday, }fllay 21,2014. The comment must contain a statement of reasons supporting
the comment. Written comments concerning this Application may be mailed to the Commission
and Idaho Power at the addresses reflected below:
Commission Secretary Donovan Walker
Idaho Public Utilities Commission Idaho Power Company
PO Box 83720 PO Box 70
Boise, ID 83720-0074 Boise,ID 83707-0070
E-mail: [e-mail]
Street Address for Express Mail:
472 W. Washington Street
Boise, ID 83702-5918
These comments should contain the case caption and case number shown on the first page of this
document. Persons desiring to submit comments via e-mail may do so by accessing the
Commission's home page located at www.puc.idaho.gov. Click the "Case Comment or Question
Form" under the 'oConsumers" tab, and complete the comment form using the case number as it
appears on the front of this document. These comments must also be sent to Idaho Power at the
e-mail address listed above.
YOU ARE FURTHER NOTIFIED that all hearings in this matter will be held in
facilities meeting the accessibility requirements of the Americans with Disabilities Act (ADA).
Persons needing the help of a sign language interpreter or other assistance in order to participate
in or to understand testimony and argument at a public hearing may ask the Commission to
provide a sign language interpreter or other assistance at the hearing. The request for assistance
must be received at least five (5) working days before the hearing by contacting the Commission
Secretary at:
TDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone] (Telephone)
[phone] (FAx)
Email : [e-mail]. gov
NOTICE OF PUBLIC HEARING
oRDERNO. 33039
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission's jurisdiction under Title 61 of the Idaho Code.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission's Rules of Procedure, IDAPA 31.01.01 .000 et seq.
ORDER
IT IS HEREBY ORDERED that the Commission shall conduct a public hearing in
this matter on Wednesday, May 21, 2014, commencing at 6:00 p.m. in the Commission's
Hearing Room.
IT IS FURTHER ORDERED that any person desiring to state a position on this
Petition may file a written comment in support or in opposition with the Commission no later
than Wednesday, May 21,2014.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this / lrh
day of May 2014.
W //e,L
MARSHA H. SMITH, COMMISSIONER
ATTEST:
O:IPC-E-14-09_ks
NOTICE OF PUBLIC HEARING
oRDER NO. 33039
, COMMISSIONER