20211006Notice_of_Application_Order_No_35191.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35191 1
Office of the Secretary
Service Date
October 6, 2021
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR
APPROVAL OR REJECTION OF THE
THIRD AMENDMENT TO THE ENERGY
SALES AGREEMENT WITH RIVERSIDE
INVESTMENTS I, LLC FOR THE SALE
AND PURCHASE OF ELECTRIC ENERGY
FROM THE MORA DROP HYDRO
PROJECT
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CASE NO. IPC-E-21-29

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35191

On August 26, 2021, Idaho Power Company (“Company”) applied with the
Commission requesting approval or rejection of the Third Amendment to its Firm Energy Sales
Agreement (“ESA”) with Riverside Investments I, LLC (“Seller”) that sells energy to the
Company from the Mora Drop Hydro Project (“Facility”). The Facility is a qualifying facility
under the Public Utility Regulatory Policies Act of 1978.
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 Commission approved the Company’s ESA
with the Seller on June 30, 2006, for the purchase and sale of energy from the Facility. Order No.
30008. In 2014, the Commission approved the Company’s First Amendment to the ESA, which
changed the definition of the Mid-Columbia Market Energy Cost in the ESA consistent with a
Commission-approved stipulation. See Order Nos. 33184 and 33053. In 2016, the Commission
approved the Company’s Second 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. Order No. 33575. The Company and
Seller have now entered the Third Amendment to the ESA to provide for notice of NEA monthly
adjustments, by the 25th of each month.
YOU ARE FURTHER NOTIFIED that the Third Amendment modifies when the
Seller must notify the Company to revise future monthly Estimated NEA. Currently, Section 6.2.3
requires the Seller to notify the Company at least one-month before the Seller revises a given
month’s Estimated NEA. The Third Amendment states that “[a]fter the Operation Date, the Seller
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35191 2
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.” Third Amendment at 1, § 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 Third 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. at 2, § 6.2.3.
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 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 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
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35191 3
customer must e-mail the comments to the Commission 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
P.O. Box 70
Boise, ID 83707-0070
[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. 35191 4
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 6th day
of October 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\IPC-E-21-29 Mora Drop\orders\IPCE2129_NtcAppMod_jh.docx