20210414Notice_of_Application_Order_No_35000.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35000 1

Office of the Secretary
Service Date
April 14, 2021

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On March 23, 2021, Idaho Power (“Company”) applied for approval or rejection of the
first amendment (“Amendment”) to its Energy Sales Agreement (“ESA”) with Evergreen Energy,
Inc. (“Seller”). The ESA falls under the Public Utilities Regulatory Policies Act of 1978
(“PURPA”) and is a contract for the sale and purchase of electricity generated by the Tamarack
CSPP project—a PURPA qualifying facility. The Company asks the Commission to process its
Application by Modified Procedure.
The Commission now sets deadlines for interested persons to comment on the
Application, and for the Company to reply.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Commission approved the Company’s ESA
with Seller in 2018. Order No. 34075. The Company asks the Commission to approve or reject the
Amendment to the ESA, which the parties agreed to on March 10, 2021.
YOU ARE FURTHER NOTIFIED that the Amendment modifies when the Seller must
notify the Company to revise future monthly Estimated Net Energy Amounts. Currently, Section
6.2.3 requires the Seller to notify the Company 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 p.m. Mountain Standard time on the 25th day of the month that is prior to the
month to be revised.” If the 25th day falls on a weekend or holiday, written notice must be received
by the Company by the last business day before the 25th day of the month.
IN THE MATTER OF IDAHO POWER’S
APPLICATION FOR APPROVAL OR
REJECTION OF THE FIRST AMENDMENT
TO THE ENERGY SALES AGREEMENT
WITH EVERGREEN ENERGY, INC
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CASE NO. IPC-E-21-05

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35000
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35000 2

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 25th or the last business day prior to September
25th.”
YOU ARE FURTHER NOTIFIED that the Application and attachments are 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, specifically Idaho
Code § 61-501.
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 interested in filing written comments must do so within twenty-one (21)
days of the service date of this Order. Comments must be filed through the Commission website
or by e-mail unless computer access is unavailable. To comment electronically, please access the
Commission’s home page at www.puc.idaho.gov. Click the “Case Comment Form” and complete
the form using the case number as it appears on the front of this document. To file by e-mail, the
customer must e-mail the comments to the e-mail addresses listed below. In addition to submitting
the comments to the Commission Secretary, the customer must also e-mail the Company at the e-
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35000 3

mail addresses listed below. If computer access is unavailable, then comments may be mailed to
the Commission and Company at these addresses:
For the Idaho Public Utilities
Commission:

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
[e-mail]

Street Address for Express Mail:

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

For Idaho Power:

Donovan Walker
Energy Contracts
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
within twenty-eight (28) days of the service date of this Order.
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.
O R D E R
IT IS HEREBY ORDERED that the Company’s Application be processed by Modified
Procedure, Rule 201-204 (IDAPA 31.01.01.201-.204). Persons interested in filing written
comments must do so within twenty-one (21) days from the service date of this Order. The
Company must file any reply comments within twenty-eight (28) days of the service date of this
Order.
IT IS FURTHER ORDERED that parties should continue to comply with Order No.
34781, issued September 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. 35000 4

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 14th day
of April 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\IPC-E-21-05\Orders\IPCE2105_ntc app mod_dh.docx