20220609Final_Order_No_35425.pdf

ORDER NO. 35425 1

Office of the Secretary
Service Date
June 9, 2022
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

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

)
)
)
)
)
)
)
)
)
CASE NO. IPC-E-21-26

ORDER NO. 35425

On August 16, 2021, Idaho Power Company (“Company” or “Idaho Power”) applied to
the Commission for approval or rejection of an energy sales agreement (“Replacement ESA”) with
Michael Branchflower, (“Seller”) in which the Company would purchase electric generation from
the Trout-Co Hydro Project (“Facility”).
On November 30, 2021, the Commission issued Order No. 35239, approving the
Replacement ESA with two modifications. First, the Commission ordered that the Replacement
ESA would use two sets of avoided cost rates from 2021 through 2025. Any hourly generation less
than or equal to 240 kilowatt-hours (“kWhs”) would receive immediate capacity payments, while
any hourly generation exceeding 240 kWhs would not receive capacity payments until after the
Company became capacity deficient. Second, the 90/110 Rule would be implemented based on
two sets of avoided cost rates from 2021 through 2025 until the Facility became eligible for
capacity payments. The Company was directed to submit an update or amendment to the
Replacement ESA consistent with Order No. 35239.
On December 15, 2021, Idaho Power filed a Motion to Approve the First Amendment to
the Replacement ESA (“First Amendment”) with the Commission in compliance with Order No.
35239. Staff reviewed the First Amendment and believed that it generally complied with the
Commission’s directives; however, Staff recommended several corrections to the language. At its
December 28, 2021, Decision Meeting, the Commission approved the First Amendment subject to
Staff’s proposed modifications being made and the Seller’s agreement.
On February 4, 2022, the Company filed a Compliance Filing to reflect Staff’s
recommended edits with signatures from both parties. The Company requested that the
Commission issue an order accepting the edits to the First Amendment as being in compliance
with Order No. 35239. Staff reviewed the Company’s Compliance Filing and believed that the
ORDER NO. 35425 2

edits to the First Amendment as filed on February 4, 2022, reflected Staff’s proposed edits and
fully complied with the Commission’s directives and Order No. 35239. At the Commission’s
March 8, 2022, Decision Meeting, Staff recommended that the Commission approve the
Company’s edits to the First Amendment as filed on February 4, 2022.
COMMISSION FINDINGS AND DECISION
After reviewing the Company’s Compliance Filing, we find the edits to the First
Amendment as filed on February 4, 2022, are consistent with our directives in Order No. 35239.
Accordingly, we accept the Company’s edits to the First Amendment.
ORDER
IT IS HEREBY ORDERED that the Company’s edits to the First Amendment to the
Energy Sales Agreement between Idaho Power and the Seller are accepted.
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. 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 9th day of
June 2022.

_______________________________________
ERIC ANDERSON, PRESIDENT

_______________________________________
JOHN CHATBURN, COMMISSIONER

_______________________________________
JOHN R. HAMMOND JR., COMMISSIONER
ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\IPC-E-21-26 Trout-Co\orders\IPCE2126_Final_Amendment_cb.docx