20210608Final_Order_No_35065.pdf

ORDER NO. 35065 1

Office of the Secretary
Service Date
June 8, 2021
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On March 23, 2021, Idaho Power Company (“Idaho Power”) applied to the
Commission for approval or rejection of the first amendment (“Amendment”) to Idaho Power’s
Energy Sales Agreement (“ESA”) with Evergreen Energy, Inc. (“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 Tamarack CSPP project—a PURPA qualifying
facility. The Amendment addresses when the Seller must notify Idaho Power to revise future
monthly Estimated Net Energy Amounts.
On April 14, 2021, the Commission issued a Notice of Application and Modified
Procedure, setting a May 5, 2021 comment deadline and a May 12, 2021 reply comment deadline.
Order No. 35000. Commission Staff filed the only comments, and Idaho Power did not file reply
comments.
Having reviewed the record, we now approve the Amendment as discussed below.
BACKGROUND
The Commission approved Idaho Power’s ESA with the Seller in 2018. Order No.
34075. Section 6.2.3 of the ESA addresses when the Seller must notify Idaho Power if it wishes to
revise any future monthly Estimated Net Energy Amounts after the Operation Date. The Seller
must give Idaho Power at least one month’s notice to revise a given month’s Estimated Net Energy
Amount. See Case No. IPC-E-18-04, Application, Attachment 1.
THE AMENDMENT
The Amendment changes when the Seller must notify Idaho Power in order to revise
future monthly Estimated Net Energy Amounts. The current ESA requires the Seller to give Idaho
Power at least one month’s notice in order to revise a given month’s Estimated Net Energy
Amount. The Amendment states that “[a]fter the Operation Date, the Seller may revise any future
monthly Estimated Net Energy Amounts by providing written notice no later than 5 PM Mountain
IN THE MATTER OF IDAHO POWER
COMPANY’S APPLICATION FOR
APPROVAL OR REJECTION OF A FIRST
AMENDMENT TO THE ENERGY SALES
AGREEMENT WITH EVERGREEN
ENERGY, INC.
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CASE NO. IPC-E-21-05

ORDER NO. 35065
ORDER NO. 35065 2

Standard time on the 25th day of the month that is prior to the month to be revised.” Application at
2. If the 25th day falls on a weekend or holiday, written notice must be received by Idaho Power
no later than the last business day prior to the 25th day of the month. The Amendment provides the
following 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.” Id.
STAFF COMMENTS
Staff recommended the Commission approve the Amendment. Staff noted the “five-
day advanced notice [provision] has been authorized in prior Commission orders such as Order
Nos. 34263 and 34870.” Staff Comments at 2.
COMMISSION FINDINGS AND DECISION
The Commission has jurisdiction over this matter under Idaho Code §§ 61-502 and 61-
503. The Commission is empowered to investigate rates, charges, rules, regulations, practices, and
contracts of public utilities and to determine whether they are just, reasonable, preferential,
discriminatory, or in violation of any provision of law, and to fix the same by order. Idaho Code §§
61-502 and 61-503. The Commission also has authority under PURPA and Federal Energy
Regulatory Commission (“FERC”) regulations to set avoided cost rates, to order electric utilities
to enter fixed-term obligations for the purchase of energy from QFs, and to implement FERC rules.
The Commission may enter any final order consistent with its authority under Title 61 and PURPA.
The Commission has reviewed the record, including the Application, proposed
Amendment, and the comments of Staff. In multiple cases, the Commission has allowed a five-
day advanced notification to adjust monthly Estimated Net Energy Amounts. See, e.g., Case Nos.
IPC-E-19-01, IPC-E-19-03, IPC-E-19-04, IPC-E-19-07, and IPC-E-19-12. Based on our review,
we find it fair, just, and reasonable to approve Idaho Power’s Amendment modifying the advance
notice required for the monthly Estimated Net Energy Amounts.
O R D E R
IT IS HEREBY ORDERED that the Amendment to Idaho Power’s ESA with
Evergreen Energy, Inc.—changing from a one-month advanced notice to a five-day advanced
notice for adjusting Estimated Net Energy Amounts—is approved.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order about any matter
ORDER NO. 35065 3

decided in this Order. Within seven (7) days after any person has petitioned for reconsideration,
any other person may cross-petition for reconsideration. See Idaho Code § 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 8th day
of June 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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