20210908Notice_of_Application_Order_No_35161.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35161 1

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

On August 16, 2021, Idaho Power Company (“Company”) applied to the Commission
for approval or rejection of an energy sales agreement (“ESA”) with Michael Branchflower,
(“Seller”) under which Seller would sell and the Company would purchase electric generation
from the Trout-Co Hydro Project (“Facility”). The Facility is a qualifying facility under the Public
Utility Regulatory Policies Act of 1978. The Company asks that its Application be processed by
Modified Procedure.
The Commission now issues this Notice of Application and Notice of Modified
Procedure setting comment and reply deadlines.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Facility has a nameplate capacity of 280
kilowatts and is located near the city of Hagerman, Idaho.
YOU ARE FURTHER NOTIFIED that the Company and Seller entered the ESA to
replace the previous energy sales agreement with the Company that was executed on January 7,
1985 and expires on November 30, 2021. The replacement ESA was signed by the Seller on August
9, 2021, and by the Company on August 12, 2021.
YOU ARE FURTHER NOTIFIED that the replacement ESA has a 20-year term with
non-levelized, non-seasonal hydro published avoided cost rates as set in Order No. 35052, for
replacement contracts and for energy deliveries of less than 10 aMW.
YOU ARE FURTHER NOTIFIED that the ESA contains capacity payments for its
entire term, with no sufficiency period because it is a replacement energy sales agreement.
IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR
APPROVAL OR REJECTION OF AN
ENERGY SALES AGREEMENT WITH
MICHAEL BRANCHFLOWER, FOR THE
SALE AND PURCHASE OF ELECTRIC
ENERGY FROM THE TROUT-CO HYDRO
PROJECT
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CASE NO. IPC-E-21-26

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35161
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35161 2

YOU ARE FURTHER NOTIFIED that the Company requests the Commission
approve the ESA and declare all payments for purchases of energy under the ESA between the
Company and the Seller be allowed as prudently incurred expenses for ratemaking purposes.
YOU ARE FURTHER NOTIFIED that the Company requests that the Commission set
a procedural schedule that would result in a final Commission determination on the ESA prior to
November 30, 2021.
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” tab,
then 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 §§ 61-501 to 61-503.
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.
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 interested in filing written comments must do so within twenty-one (21)
days of the service date of this Order. 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 on the “Consumers” tab and then on 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 Commission
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35161 3

Secretary and the Company at the e-mail addresses listed below. 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:

Donovan E. Walker
Idaho Power Company
1221 West Idaho Street (83702)
P.O. Box 70
Boise, Idaho 83707
[e-mail]
[e-mail]

Energy Contracts
Idaho Power Company
1221 West Idaho Street (83720)
P.O. Box 70
Boise, Idaho 83707
[e-mail]

YOU ARE FURTHER NOTIFIED that the Company must file any reply comments
within twenty-eight (28) days of the service date of this Order.
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 filing written
comments must do so within twenty-one (21) days from the service date of this Order. The
Company must file any reply comments within twenty-eight (28) days of the service date of this
Order.
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
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35161 4

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 8th day
of September 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\IPC-E-21-26 Trout-Co\orders\IPCE2126_ntc app mod_es.docx