20210927Notice_of_Application_Order_No_35177.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35177 1
Office of the Secretary
Service Date
September 27, 2021
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF IDAHO POWER
COMPANY’S APPLICATION FOR
APPROVAL OR REJECTION OF THE
FOURTH AMENDMENT TO THE
ENERGY SALES AGREEMENT WITH
RIVERSIDE INVESTMENTS I, LLC FROM
THE ARENA DROP HYDRO PROJECT
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CASE NO. IPC-E-21-27

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35177

On August 26, 2021, Idaho Power Company (“Company”) applied to the Commission
requesting approval or rejection of the Fourth Amendment to its Energy Sales Agreement (“ESA”)
with Riverside Investments I, LLC (“Riverside” or “Seller”). Riverside sells energy to the
Company from the Arena Drop Hydro Project (“Facility”). The Facility is a qualifying facility
under the Public Utility Regulatory Policies Act of 1978.
The Commission now sets deadlines for interested persons to comment on the
Application and for the Company to reply.
BACKGROUND
The Commission approved the Company’s ESA with the Seller on April 1, 2010, for
the purchase and sale of energy from the Facility. Order No. 31060. In 2014, the Commission
approved the Company’s First Amendment to the ESA which changed the definition of the Mid-
Columbia Market Energy Cost. See Order Nos. 33184 and 33053. In 2016, the Commission
approved both the Company’s Second Amendment to change any references in the ESA from
“Riverside Investments, LLC” to “Riverside Investments I, LLC” and the Company’s Third
Amendment to the ESA to amend Article 6.2.3 of the ESA to include a change to the notification
of Net Energy Amount (“NEA”) monthly adjustments from three-month advance notice to one-
month advance notice. See Order No. 33521.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Fourth Amendment modifies when the Seller
must notify the Company of their intent to revise future monthly Estimated NEA. Currently,
Section 6.2.3 grants the Seller the option to adjust the monthly estimated NEA within a specified
time span. The Fourth 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
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35177 2
Mountain Standard time on the 25th day of the month that is prior to the month to be revised.”
Application Ex. 1, Fourth Amendment at 2, § 6.2.3. If the 25th day falls on a weekend or holiday,
written notice must be received by the Company by the last business day before the 25th day of the
month. Id. at 1-2, § 6.2.3.
YOU ARE FURTHER NOTIFIED that the Amendment provides this 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.
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.
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 people desiring to state a position on this
Application may file a written comment explaining why they support or oppose 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’s
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 “Consumers” tab and then
“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. 35177 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 W. Idaho Street (83702)
P.O. Box 70
Boise, ID 83707
[e-mail]
[e-mail]
[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
between parties should also be accomplished electronically. Voluminous discovery-related
documents may be filed and served on CD-ROM or a USB flash drive.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35177 4
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 27th day
of September 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\IPC-E-21-27 Arena Drop\orders\IPCE2127_NtcAppMod_rn.docx