20200423Notice_of_Application_Order_No_34645.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34645 1

Office of the Secretary
Service Date
April 23, 2020
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF IDAHO POWER
COMPANY’S APPLICATION FOR
APPROVAL OF A FIRST AMENDMENT
TO THE ENERGY SALES AGREEMENT
WITH WILLIAM ARKOOSH FOR THE
SALE AND PURCHASE OF ELECTRIC
ENERGY FROM THE LITTLE WOOD
RIVER RANCH II HYDRO PROJECT
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CASE NO. IPC-E-20-20

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 34645

On April 3, 2020, Idaho Power Company (“Idaho Power”) filed an Application seeking
approval of the first amendment (“Amendment”) to its Energy Sales Agreement (“ESA”) with
William Arkoosh (“Seller”). The ESA falls under the Public Utility Regulatory Policies Act of
1978 (“PURPA”) and is a contract for the sale and purchase of electric energy generated by the
Little Wood River Ranch II Hydro Project—a PURPA qualifying facility. The Amendment
addresses when the Seller must notify the Company in order to revise future monthly Estimated
Net Energy Amounts. Idaho Power asks that the Commission process its Application by Modified
Procedure.
The Commission now sets deadlines for interested persons to comment on the
Application, and for Idaho Power to reply.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Commission approved Idaho Power’s ESA
with the Seller in 2014. Order No. 33103. Idaho Power asks the Commission to approve the
Amendment to the ESA, which the parties agreed to on April 3, 2020.
YOU ARE FURTHER NOTIFIED that the Amendment changes when the Seller must
notify Idaho Power in order to revise future monthly Estimated Net Energy Amounts. Currently,
Section 6.2.3 of the ESA requires the Seller to notify Idaho Power at least one month before the
Seller revises a given month’s Estimated Net Energy Amount. The Amendment states that “[a]fter
the Operation Date, the Seller must revise any future monthly Estimated Net Energy Amounts by
providing written notice no later than 5 PM Mountain Standard time on the 25th day of the month
that is prior to the month to be revised.” Application, Attachment 1. If the 25th day falls on a
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34645 2

weekend or holiday, Idaho Power must receive written notice by the last business day prior to the
25th day of the month.
YOU ARE FURTHER NOTIFIED that the Amendment provides the following
example: “…if the Seller would like to revise the Estimated Net Energy Amount for October, they
would need to submit a revised schedule no later than September 25 or the last business day prior
the September 25.” Application, Attachment 1.
YOU ARE FURTHER NOTIFIED that the Application is available for public
inspection during regular business hours at the Commission’s office. These documents are also
available on the Commission’s web site at www.puc.idaho.gov. Click on the “ELECTRIC” icon,
select “Open Cases,” and click on the case number as shown on the front of this document.
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 and specifically Idaho
Code §§ 61-501 to 61-503.
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.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the public
interest may not require a formal hearing in this matter, and that it will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the Commission’s Rules of Procedure, IDAPA
31.01.01.201 through .204. The Commission notes that Modified Procedure and written comments
have proven to be an effective means for obtaining public input and participation.
YOU ARE FURTHER NOTIFIED that any person or party desiring to state a position
on this Application must file a written comment in support or opposition with the Commission by
May 14, 2020. The comment must contain a statement of reasons supporting the comment.
Persons desiring a hearing must specifically request a hearing in their written comments. Written
comments concerning this Application shall be sent electronically, unless email is not available,
to the Commission and the Applicant at the email addresses reflected below:

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34645 3

For the Idaho Public Utilities
Commission:

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074

Street Address for Express Mail:

11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, Idaho 83714

For Idaho Power:

Donovan E. Walker
Energy Contracts
Idaho Power Company
1221 West Idaho Street 83702
P.O. Box 70
Boise, ID 83707-0070
Email: dwalker @idahopower.com
dockets@ idahopower.com
[e-mail]

Comments should contain the case caption and case number shown on the first page of
this document. Persons desiring to submit comments via email may do so by accessing the
Commission’s home page located at www.puc.idaho.gov. Click the “Case Comment Form” under
“Consumers,” 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 the Applicant.
YOU ARE FURTHER NOTIFIED that Idaho Power must file any reply comments by
May 21, 2020.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received
within the time limit set, the Commission will consider this matter on its merits and enter its Order
without a formal hearing. If written comments are received within the time limit set, the
Commission will consider them and, in its discretion, may set the same for formal hearing.
ORDER
IT IS HEREBY ORDERED that Idaho Power’s Application be processed by Modified
Procedure, Rule 201-204 (IDAPA 31.01.01.201-.204). Persons interested in submitting written
comments must do so by May 14, 2020. The Company must file any reply comments by May 21,
2020.
IT IS FURTHER ORDERED that parties should continue to comply with Order No.
34602, issued March 17, 2020. All pleadings should be filed with the Commission electronically
and shall be deemed timely filed when received by the Commission Secretary. See Rule 14.02.
Service between parties should also be accomplished electronically. Voluminous discovery-related
documents may be filed and served on CD-ROM or a USB flash drive.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34645 4

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 23rd
day of April, 2020.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Diane M. Hanian
Commission Secretary

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