20200827Notice_of_Cross_Complaint_Order_No_34764.pdf

NOTICE OF CROSS-COMPLAINT
ORDER NO. 34764 1

Office of the Secretary
Service Date
August 27, 2020
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On June 25, 2020, Wood Hydro, LLC (“Wood Hydro”) filed a formal complaint against
Idaho Power Company (“Idaho Power”) alleging Idaho Power improperly withheld payments due
to Wood Hydro for Mile 28, a qualifying facility (“QF”) with a Firm Energy Sales Agreement
entered into in 1993 pursuant to the Commission’s implementation of the Public Utility Regulatory
Policies Act of 1978 (“PURPA”).
On August 3, 2020, Idaho Power filed an Answer and Cross-Complaint. In its Cross-
Complaint, Idaho Power alleges that Lowline #2, a QF operated by Central Rivers Power, LLC
(“Central Rivers Power”), and Rock Creek #2, a QF operated by Enel Green Power North America,
Inc. (“Enel Green Power North America”) have breached their respective contracts with Idaho
Power.
The Commission now issues this Notice of Cross-Complaint, establishing the time by
which Wood Hydro, LLC must respond to Idaho Power’s Answer and Cross-Complaint.
Separately and concurrently, the Commission issues Summonses to Central Rivers Power and Enel
Green Power North America.
NOTICE OF CROSS-COMPLAINT
YOU ARE HEREBY NOTIFIED that Wood Hydro must file its reply to Idaho Power’s
Answer and Cross-Complaint within 21 days from the service date of this Notice.
YOU ARE FURTHER NOTIFIED that concurrent with issuing this Notice, the
Commission is sending Summonses to Central Rivers Power and Enel Green Power North
America notifying each QF operator of Idaho Power’s Cross-Complaint and giving each QF
operator 21 days from the service date of the Summons to answer Idaho Power’s Cross-Complaint.

IN THE MATTER OF THE FORMAL
COMPLAINT OF WOOD HYDRO AGAINST
IDAHO POWER COMPANY
)
)
)
)
)
)
)
CASE NO. IPC-E-20-28

NOTICE OF CROSS-
COMPLAINT

ORDER NO. 34764
NOTICE OF CROSS-COMPLAINT
ORDER NO. 34764 2

O R D E R
IT IS HEREBY ORDERED that Wood Hydro, LLC must file a reply to Idaho Power’s
Answer and Cross-Complaint within 21 days of the service date of this Notice.
IT IS FURTHER ORDERED that parties 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.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 27th
day of August, 2020.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\IPC-E-20-28\IPCE2028_ntc cross-comp_ej.docx