HomeMy WebLinkAbout20210505Comments.pdfDAYN HARDIE
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
(208) 334-0312
IDAHO BAR NO. 9917
:.'i -: F.* t: 3l
Street Address for Express Mail:
I I331 W CHINDEN BLVD, BLDG 8, SUITE 2OI-A
BOISE, TD 83714
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
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
CASE NO. IPC.E,21-05
COMMENTS OF THE
COMMISSION STAFF
STAFF OF the Idaho Public Utilities Commission, by and through its Attomey of
record, Dayn Hardie, Deputy Attorney General, submits the following comments.
BACKGROUND
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 qualifuing facility.
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.
The Amendment modifies when the Seller must notifu the Company to revise future
monthly Estimated Net Energy Amounts. Currently, Section 6.2.3 requires the Seller to notiff
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STAFF COMMENTS MAY 5,2021
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.
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."
STAFF REVIEW
Staff recommends approval of the Amendment between the Company and the Seller,
because the five-day advanced notice has been authorized in prior Commission orders such as
Order Nos. 34263 and 34870.
STAFF RECOMMENDATIONS
Staff recommends the Commission approve the Amendment to the ESA, with all other
terms and conditions unchanged.
Respectfully submitted this day of May 2021.5{k
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Day., r{irdie
Deputy Attorney General
Technical Staff: Yao Yin
Rachelle Farnsworth
i:umisc/comments/ipce2 l.5dhyyrf comments
2STAFF COMMENTS MAY 5,2021
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 5TH DAY OF MAY 2021, SERVED
THE FOREGOING COMMENTS OF TIrE COMMTSSION STAX',F, IN CASE NO.
IPC.E.2I.OS, BY E.MAILING A COPY THEREOF, TO THE FOLLOWING:
DONOVAN E WALKER
IDAHO POWER COMPANY
PO BOX 70
BOrSE ID 83707-0070
E-MAIL: dwalker@idahopower.com
dockets@ idahopower. com
EVERGREEN ENERGY INC
ATTN: RODNEY KROGH
PO BOX H
NEW MEADOWS ID 83654
E-MAIL: markkroeh@frontiernet.net
ENERGY CONTRACTS
IDAHO POWER COMPANY
PO BOX 70
BOrSE rD 83707-0070
E-MAIL: energycontracts@idahopower.com
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SECRETA"'/
CERTIFICATE OF SERVICE