20200806Notice_of_Application_Order_No_34749.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34749 1

Office of the Secretary
Service Date
August 6, 2020
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF IDAHO POWER
COMPANY’S APPLICATION FOR
APPROVAL OR REJECTION OF A FIRST
AMENDMENT TO THE ENERGY SALES
AGREEMENT FOR THE SALE AND
PURCHASE OF ELECTRIC ENERGY
FROM NORTH GOODING MAIN HYDRO,
LLC
)
)
)
)
)
)
)
)
)
CASE NO. IPC-E-20-31

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 34749

On July 21, 2020, Idaho Power Company (“Idaho Power”) filed an Application asking
the Commission to approve or reject the first amendment (“Amendment”) to Idaho Power’s Energy
Sales Agreement (“ESA”) with North Gooding Main Hydro, LLC (“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 North Gooding Main Hydro project—a PURPA
qualifying facility. The Amendment addresses when the Seller must notify Idaho Power 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 2015. Order No. 33404. Idaho Power asks the Commission to approve or reject
the Amendment to the ESA, which the parties agreed to on July 9, 2020.
YOU ARE FURTHER NOTIFIED that the Amendment changes when the Seller must
notify Idaho Power 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. 34749 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 this 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.” Id.
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 will proceed under Modified Procedure
pursuant to Rules 201 through 204 of the Idaho Public Utilities 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 persons desiring to state a position on this
Application may file a written comment explaining why the person supports or opposes the
Application. Persons who would like a hearing must specifically request a hearing in their written
comments. Persons shall have until August 27, 2020 to file written comments. Comments must
be filed by e-mail unless e-mail is unavailable. To comment by e-mail, please access the
Commission’s home page at www.puc.idaho.gov. Click the “Consumers” tab and then “Case
Comment Form” and complete the form using the case number as it appears on the front of this
document. Comments filed by e-mail must also be e-mailed to Idaho Power at the e-mail addresses
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34749 3

listed below. If e-mail is unavailable, then comments may be mailed to the Commission and Idaho
Power at these addresses:

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
[e-mail]
[e-mail]
[e-mail]

YOU ARE FURTHER NOTIFIED that Idaho Power must file any reply comments by
September 3, 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 August 27, 2020. Idaho Power must file any reply comments by
September 3, 2020.
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.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34749 4

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 6th
day of August 2020.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\IPC-E-20-31\orders\IPCE2031_ntc_app_mod_mh.docx