20220121Notice_of_Application_Order_No_35293.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35293 1

Office of the Secretary
Service Date
January 21, 2022
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On December 22, 2021, Idaho Power Company (“the Company”) applied to the Idaho
Public Utilities Commission (“Commission”) seeking approval of a Special Contract for electric
service between the Company and Brisbie, LLC (“Brisbie”) for Brisbie’s new enterprise data
center and rates proposed in tariff Schedule 33.1 The Company additionally sought approval for
its’ regulatory framework proposed in the special contract without change or condition.
The Commission now issues this notice of the Company’s Application and Notice of
Intervention Deadline, setting a 14-day intervention deadline for persons wishing to be joined as
parties.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that Brisbie is a large power service customer
(“LPS”). Application at 2. LPS customers are those who use between 10,000 kilowatts (kW) and
20,000 kW of power. Id. LPS customers that receive service in excess of 20,000 kW are required
to make special contract arrangements with the Company. Application at 1-2. “Each special
contract customer is considered a separate class with different conditions and contract terms
affecting their rates. . . .” Application at 2; see also Order No. 33038 at 11.
YOU ARE FURTHER NOTIFIED that the Company and Brisbie have negotiated a
special contract for electric service, referred to as the Energy Services Agreement (“ESA”). The
ESA encompasses pricing, cost and credit components, and terms and conditions based upon
Brisbie’s acquisition of new renewable resources2 as they relate to Brisbie’s expected electric

1 The proposed tariff Schedule 33 is attached to the Company’s Application.
2 “Brisbie has a sustainability objective to support 100 percent of its operations with new renewable resources.” Application at 2.

IN THE MATTER OF IDAHO POWER
COMPANY’S APPLICATION FOR
APPROVAL OF SPECIAL CONTRACT AND
TARIFF SCHEDULE 33 TO PROVIDE
ELECTRIC SERVICE TO BRISBIE, LLC’S
DATA CENTER FACILITY
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CASE NO. IPC-E-21-42

NOTICE OF APPLICATION

NOTICE OF
INTERVENTION DEADLINE

ORDER NO. 35293
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35293 2

service load. Application at 2. The ESA is the first representation of the Company’s effort to
promote and comply with the Clean Energy Your Way Program. Application at 3; see Case No.
IPC-E-21-40.
YOU ARE FURTHER NOTIFIED that in addition to the ESA, the Company
specifically requests approval of several components of the regulatory framework in the ESA. The
components include: (1) authority to procure renewable resources for the purpose of supporting
Brisbie’s energy use under a standard procurement agreement; (2) the cost basis and pricing
structure for the supply of retail electric service by the Company; (3) the compensation structure
for excess renewable energy generation and capacity contribution of the renewable resources; (4)
authorization to treat bill credits provided to Brisbie under the proposed compensation structure as
prudently incurred expenses for ratemaking purposes; and (5) the cost recovery mechanisms
necessary to protect existing customers from unreasonable cost shifting and to ensure the
Company’s cost recovery for service. Application at 3.
YOU ARE FURTHER NOTIFIED that, if approved, the ESA becomes effective on the
date of the order issued in this matter. Application at 4. The Company believes that approval of
the ESA is in the public interest. Application at 8. The Company represents that the ESA
incorporates the goals of balancing renewable energy requirements and current energy economic
realities in an equitable manner that considers new and existing customers as well as the Company.
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. The Commission may
enter any final Order consistent with its authority under Title 61.
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 APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35293 3

NOTICE OF INTERVENTION DEADLINE
YOU ARE FURTHER NOTIFIED that persons desiring to intervene in this matter to
obtain parties’ rights of participation must file a Petition to Intervene with the Commission
pursuant to this Commission’s Rules of Procedure 72 and 73, IDAPA 31.01.01.072 and -.073.
Persons who wish to intervene as a party must file a Petition to Intervene no later than 14
days after the date of service of this Order. Such persons shall also provide the Commission
Secretary with their email address to facilitate further communications. After the intervention
deadline runs, the Commission Secretary shall issue a Notice of Parties that identifies the parties
and assigns exhibit numbers to each party. Once the Notice of Parties has issued, Commission
Staff shall informally confer with the Company and any intervening parties about how to further
process this case, and shall then report back to the Commission on a proposed case schedule.
YOU ARE FURTHER NOTIFIED that persons who would like to present their views
without parties’ rights of participation and cross-examination do not have to intervene but may
present their views by submitting written comments to the Commission.
YOU ARE FURTHER NOTIFIED that the following people are designated as the
Company’s representatives in this matter:
For Idaho Power Company:

Donavan E. Walker
Regulatory Dockets
1221 West Idaho Street (83702)
P.O. Box 70
Boise, ID 83707
[e-mail]
[e-mail]

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

O R D E R
IT IS HEREBY ORDERED that persons desiring to intervene in this case for the
purpose of obtaining parties’ rights of participation must file a Petition to Intervene with the
Commission, pursuant to Rules 72 and 73, IDAPA 31.01.01.72-73, no later than 14 days after the
service date of this Order.
IT IS FURTHER ORDERED that after the Notice of Parties has issued, Commission
Staff shall confer with the parties regarding a procedural schedule for this matter.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35293 4

IT IS FURTHER ORDERED that the 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.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 21st day
of January 2022.

ERIC ANDERSON, PRESIDENT

KRISTINE RAPER, COMMISSIONER

JOHN CHATBURN, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\IPC-E-21-42 Brisbie\orders\IPCE2142_ntc_app_mod_tb.docx