20210212Decision Memo.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: EDWARD JEWELL
DEPUTY ATTORNEY GENERAL

DATE: FEBRUARY 12, 2021

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 (“Idaho Power” or “Company”) alleging Idaho Power improperly withheld
payments due to Wood Hydro under a Firm Energy Sales Agreement (“FESA”) for the Mile 28
hydroelectric (“Mile 28 Hydro”) qualifying facility (“QF”).
On July 13, 2020, the Commission issued a Summons to Idaho Power directing the
Company to respond to the formal complaint within 21 days.
On August 3, 2020, Idaho Power filed an Answer and Cross-Complaint. The Cross-
Complaint is directed against Wood Hydro, Enel Green Power North America, Inc. (“Enel”) for
the Rock Creek #2 QF, and Central Rivers Power US, LLC (“Central Rivers”) for the Lowline #2
QF.
On August 27, 2020, the Commission issued Summonses to Central Rivers and Enel,
giving each company 21 days to respond to Idaho Power’s Cross-Complaint. The Commission
also issued a Notice of Cross-Complaint, which aligned Wood Hydro’s time to reply with that of
Central Rivers and Enel. Order No. 34764.
On September 17, 2020, Enel and Central Rivers filed separate Motions to Dismiss and
Wood Hydro filed a Reply.
On October 1, 2020, Idaho Power filed an Answer to Cross-Respondents’ Motions to
Dismiss.
On November 9, 2020, Idaho Power filed a Joint Motion to Stay.
DECISION MEMORANDUM 2
On November 24, 2020, the Commission issued a Notice of Stay. Order No. 34846.
On January 25, 2021, the Company filed a Settlement Stipulation and Motion to
Approve Settlement Stipulation. The parties requested the Commission approve the Settlement
Stipulation without further proceedings, or alternatively, to process the motion under modified
procedure as expeditiously as possible.
This matter appeared on the agenda for the February 2, 2021 decision meeting as a fully
submitted matter.
STAFF RECOMMENDATION
Staff recommends the Commission issue a Notice of Application and Notice of
Modified Procedure and establish a 14-day comment period and a 7-day reply comment period.
COMMISSION DECISION
Does the Commission wish to issue a Notice of Application and Notice of Modified
Procedure and establish a 14-day comment period and a 7-day reply comment period?

__________________________
Edward J. Jewell
Deputy Attorney General

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