20210625Notice_of_Modified_Procedural_Schedule_Order_No_35091.pdf

NOTICE OF MODIFIED PROCEDURAL SCHEDULE
ORDER NO. 35091 1

Office of the Secretary
Service Date
June 25, 2021
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On April 9, 2021, Idaho Power Company (“Company”) applied for Commission
approval of its capacity deficiency period determination for avoided cost calculations under the
Public Utility Regulatory Policies Act of 1978. In its Application, the Company anticipated its
capacity deficiency period will begin in August 2028 and explained how this capacity deficiency
period was calculated.
On April 28, 2021, the Commission issued a Notice of Application and Modified
Procedure, setting a June 23, 2021 comment deadline and a June 30, 2021 reply comment deadline.
On June 10, 2021, Industrial Customers of Idaho Power (“ICIP”) filed with the Commission a
document making three separate pleadings: a request to intervene, a motion to stay the procedural
schedule to provide time for discovery, and a preliminary objection to the use of modified
procedure. On June 14, 2021, Idaho Hydroelectric Power Producers Trust dba IdaHydro
(“IdaHydro”) joined the ICIP’s motion and also petitioned to intervene.
The Commission addressed ICIP’s filing at its June 22, 2021, decision meeting. It was
recognized that the requests for intervention have been granted. See Order No. 35084. The
Commission also noted that the objection to the use of modified procedure was premature. If
necessary, the motion may be renewed during the comment process if parties determine that the
allowance for discovery and opportunity for comment has been inadequate in addressing the
issues. Finally, the Commission denies ICIP’s motion to stay the procedural schedule, but finds it
reasonable to vacate the current comment deadlines and set new comment deadlines to allow for
additional discovery.
NOTICE OF NEW COMMENT DEADLINES
YOU ARE HEREBY NOTIFIED that the Commission denies the ICIP’s motion to
stay the procedural schedule in this proceeding. However, considering the need for additional
IN THE MATTER OF IDAHO POWER
COMPANY’S APPLICATION FOR
APPROVAL OF THE CAPACITY
DEFICIENCY TO BE UTILIZED FOR
AVOIDED COST CALCULATIONS
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CASE NO. IPC-E-21-09

NOTICE OF MODIFIED
PROCEDURAL SCHEDULE

ORDER NO. 35091
NOTICE OF MODIFIED PROCEDURAL SCHEDULE
ORDER NO. 35091 2

discovery identified by ICIP, IdaHydro, and Commission Staff, the Commission vacates the
comment deadlines set in Order No. 35023 and sets new comment deadlines.
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 July 21, 2021 to file written comments. Comments must
be filed by email unless email is unavailable. To comment by email, 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 email must also be emailed to the Company at the email addresses
listed below. If email is unavailable, then comments may be mailed to the Commission and the
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 Company:

Donavan E. Walker
Regulatory Dockets
1221 West Idaho Street (83702)
P.O. Box 70
Boise, ID 83707
[e-mail]
[e-mail]

Energy Contracts
1221 West Idaho Street (83702)
P.O. Box 70
Boise, ID 83707
[e-mail]

YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by
July 28, 2021.
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.

NOTICE OF MODIFIED PROCEDURAL SCHEDULE
ORDER NO. 35091 3

O R D E R
IT IS HEREBY ORDERED that ICIP’s motion objecting to the use of modified
procedure is premature. Parties may renew an objection in comments if they deem the allowance
for discovery and comments inadequate in addressing the issues.
IT IS FURTHER ORDERED that ICIP’s motion to stay the procedural schedule is
denied.
IT IS FURTHER ORDERED that the comment deadlines established in Order No.
35023 are vacated. Persons who wish to submit written comments must do so by July 21, 2021.
The Company must file any reply comments by July 28, 2021.
IT IS FURTHER ORDERED that parties should continue to comply with Order No.
35058, issued June 3, 2021. 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.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 25th day
of June 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary
I:\Legal\ELECTRIC\IPC-E-21-09\Orders\IPCE2109_mod_procedural_schedule_mh.docx