20210826Final_Order_No_35147.pdf

ORDER NO. 35147 1
Office of the Secretary
Service Date
August 26, 2021
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF IDAHO POWER
COMPANY’S APPLICATION FOR
APPROVAL OR REJECTION OF THE
FIRST AMENDMENT TO THE ENERGY
SALES AGREEMENT WITH DOUG AND
NANCY HULL
)
)
)
)
)
)
)
CASE NO. IPC-E-21-23

ORDER NO. 35147

On June 30, 2021, Idaho Power Company (“Company”) filed an Application with the
Commission requesting approval of an amendment to its Energy Sales Agreement (“ESA”) with
Doug and Nancy Hull (“Seller”) who sell energy to the Company from the Curry Cattle Company
hydro project (“Facility”). The Facility is a qualifying facility under the Public Utility Regulatory
Policies Act of 1978 (“PURPA”). The amendment (“Amendment”) would change the time by
which Sellers must notify the Company of the Facility’s estimated net energy production for the
following month.
On July 16, 2021, the Commission issued a Notice of Application and Notice of
Modified Procedure. Order No. 35110. Staff filed the only comments. The Company did not file a
reply.
Having reviewed the record, we now approve the Amendment as discussed below.
BACKGROUND
The Commission approved the Company’s ESA with the Seller in Case No. IPC-E-18-
01. See Order No. 34002. Section 6.2.3 of the ESA addresses when the Seller must notify the
Company if it wishes to revise any future monthly Estimated Net Energy Amounts after the
Operation Date. Under the existing ESA, the Seller must provide the Company at least one month’s
notice to revise a given month’s Estimated Net Energy Amount. See Case No. IPC-E-18-01,
Application at 2.
THE AMENDMENT
The Amendment changes when the Seller must notify Idaho Power to revise future
monthly Estimated Net Energy Amounts. 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 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
ORDER NO. 35147 2
must be received by the Company 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 . . .” Staff
Comments at 2. Additionally, Staff noted the five-day advanced notice improves the accuracy of
inputs used for short-term operational planning for the Company.
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 Staff’s comments. 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 the Company’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 the Company’s ESA with Doug
and Nancy Hull 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. 35147 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 26th day
of August 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\IPC-E-21-23 Hull\orders\IPCE2123_final_dh.docx