20200814Decision Memo.pdf

DECISION MEMORANDUM
TO COMMISSIONER KJELLAI\DER
COMMISSIONER RAPER
COMMISSIONER AI\IDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:EDWARD JEWELL
DEPUTY ATTORNEY GENERAL
DATE: AUGUST 13,2020
SUBJECT: IN THE MATTER OF THE FORMAL COMPLAINT OF WOOD HYDRO
AGAINST IDAHO POWER COMPANY; CASE NO. IPC-E-20-28.
On June 25,2020, Wood Hydro, LLC ("Wood Hydro") filed a formal complaint
against Idaho Power Company ("ldaho Power" or "Company") alleging Idaho Power improperly
withheld payments due to Wood Hydro under 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 July 7, 2020, the Commission approved Staffls decision memorandum
recommending the Commission issue a Summons and give the Company 2l days to answer the
complaint and give Wood Hydro 2l days to reply to the Company's answer.
On July 13,2020, the Commission issued a Summons to Idaho Power directing the
Company to answer within 2l-days.
On August 3,2020, the Company filed an Answer and Cross-Complaint.
Idaho Power brings its cross-complaint against complainant Wood Hydro as well as
two other qualifying facilities; Rock Creek #2 and Lowline #2. Commission Rule of Procedure
57.02 states all answers to complaints must be filed with the Commission within 2l days of
service of the Complaint unless the Commission modifies the time to answer.
STAFF RECOMMENDATION
Staff recommends the Commission issue a Summons to Rock Creek #2 and Lowline
#2 and direct each QF to file an answer within 2l days of the service date of the Summons. Staff
IDECISION MEMORANDUM
also recommends the Commission align Wood Hydro's response with the answer deadline for
Rock Creek #2 and Lowline #2.
COMMISSION DECISION
Does the Commission wish to issue a Summons to Rock Creek #2 and Lowline #2,
direct each QF to file an answer within 2l days of the service date of the Summons, and align the
time Wood Hydro has to respond to?
P'$c,*L(
Edward J.(Iebll
Deputy Attorney General
I:\LegEilELECTRICUT-E-20-28\IPCE2028_dcc mmo 2_cj
2DECISION MEMORANDUM