20210709Notice_of_Application_Order_No_35098.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35098 1
Office of the Secretary
Service Date
July 9, 2021
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF IDAHO POWER
COMPANY’S APPLICATION TO
APPROVE 2021 SERVICE AGREEMENT
WITH THE UNITED STATES
DEPARTMENT OF ENERGY
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CASE NO. IPC-E-21-20

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35098

On June 23, 2021, Idaho Power Company (“Company”) filed an Application for
approval of its new service agreement with the United States Department of Energy (“DOE”) for
service at the Idaho National Laboratory (INL).
The Idaho Public Utilities Commission (“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 current agreement, approved in Order No.
33621, expires on September 14, 2021, and the new agreement is set to become effective on
September 15, 2021. The Company asks the Commission to process the Application using
Modified Procedure. If the processing of this case extends beyond September 15, 2021, the
Company asks for an extension of the expiring agreement until the new agreement is approved.
YOU ARE FURTHER NOTIFIED that “[the Company] has supplied electric service
to the DOE and its predecessors since 1950 and currently serves DOE under a special contract in
accordance with the rates and charges set out in Electric Service Rate Schedule 30 (“Schedule 30”)
and its successor schedules.” Application at 2. The Company and DOE successfully negotiated
the terms and conditions of the new 2021 special services agreement that has been signed by the
contracting parties and is attached to the Company’s Application. Attachment 1.
YOU ARE FURTHER NOTIFIED that the Company’s 2021 Agreement with DOE
includes the following terms:
Term. The agreement begins September 15, 2021, and ends September 14, 2031,
subject to the Commission’s approval. Application at 5. DOE has the right to terminate
the 2021 Agreement on eighteen (18) months’ advance written notice to Idaho Power,
subject to certain termination charges outlined in Section 6 of the 2021 Agreement. Id.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35098 2
Services provided by the Company through calendar year 2024. The Company agrees
to provide the DOE up to 65,000 kilowatts (kW) monthly for the operation of facilities
at the INL through calendar year 2024. Id. at 2 and 3. The DOE may request additional
power requirements. Id. at 3. DOE may request additional power with eighteen (18)
months’ written notice in advance of the first day of the month DOE desires the
additional power requirements be made available. Id. The Company will have sole
discretion to grant or deny any request. Id. The Company’s discretion will include an
analysis of its obligation to provide reliable and cost-effective service to all customers.
Id.

Services provided by the Company after calendar year 2024. DOE and the Company
agree to engage in good faith negotiations to determine new rates, conditions, and
charges for INL’s anticipated increase in power requirements estimated to occur in
2025 and beyond as provided in the 2021 Agreement. Id.

Contract Charges to be Paid to the Company. Under the 2021 Agreement, the DOE
will pay Idaho Power the monthly rate charges set forth in Schedule 30 for firm retail
service of electric power and energy to the DOE at the INL site as provided in the 2021
Agreement. Id. at 4.

On-Site Generation. Under the 2021 Agreement, DOE reserves the right to install and
operate generation at the INL site to offset all or part of DOE’s energy usage as
provided in the 2021 Agreement. 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 §§ 61-503, 61-622.
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 that it will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the 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.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35098 3
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 18, 2021, to file written comments. 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-mail addresses listed below if provided by the
Company. 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, Ste. 201-A
Boise, Idaho 83714

For Idaho Power Company:

Lisa D. Nordstrom
Alison Williams
Idaho Power Company
1221 W. Idaho Street
P.O. Box 70
Boise, ID 83707-0070
[e-mail]
[e-mail]
[e-mail]
YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by
August 25, 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.
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 submitting written
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35098 4
comments must do so by August 18, 2021. The Company must file any reply comments by August
25, 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 9th day
of July 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\IPC-E-21-20 DOE\orders\IPCE2120_NtcAppMod_es.doc