20211102Notice_of_Application_Order_No_35212.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35212 1
Office of the Secretary
Service Date
November 2, 2021
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF IDAHO POWER
COMPANY’S APPLICATION FOR
APPROVAL OR REJECTION OF AN
ENERGY SALES AGREEMENT WITH
IDAHO POWER COMPANY AND J.R.
SIMPLOT COMPANY FOR THE SALE
AND PURCHASE OF ELECTRIC ENERGY
FROM THE SIMPLOT – POCATELLO
CSPP PROJECT
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CASE NO. IPC-E-21-33

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35212

On October 6, 2021, Idaho Power Company (“Company”) applied for approval or
rejection of an energy sales agreement (“ESA”) with J.R. Simplot Company (“Seller”) for the
energy generated by the Simplot – Pocatello CSPP project (“Facility”). The Facility is a qualifying
facility under the Public Utility Regulatory Policies Act of 1978.
The Commission now issues this Notice of Application and 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 Facility is near Pocatello, Idaho and has a
15.9 megawatt (“MW”) nameplate capacity. The Seller has been delivering energy from the
Facility to the Company under an energy sales agreement executed on December 21, 2018. The
2018 energy sales agreement expires on February 28, 2022. The new ESA has a 3-year term using
the non-levelized, Other published avoided cost rates established in Order No. 35052, for
replacement contracts and for energy deliveries of less than 10 average MW.
YOU ARE FURTHER NOTIFIED that the Company requests the Commission
approve the ESA and declare all payments for the purchase of energy under the ESA be allowed
as prudently incurred expenses for ratemaking purposes. The Company also requests that the
Commission set a procedural schedule that would result in a final Commission determination on
the ESA before February 28, 2022.
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.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35212 2
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 web
site or by e-mail unless computer access is unavailable. To comment electronically, please access
the Commission’s web site at www.puc.idaho.gov. Click the “Case Comment Form” tab 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 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]

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35212 3
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, Rules 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.
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NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35212 4
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 2nd day
of November 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\IPC-E-21-33 Simplot\orders\IPCE2133_NtcAppMod_rn.docx