20230620Final_Order_No_35820.pdf

ORDER NO. 35820 1

Office of the Secretary
Service Date
June 20, 2023
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, for rates proposed in Tariff Schedule 33, and approval of the regulatory framework for the
on-going implementation and administration of the special contract without change or condition.
On January 21, 2022, the Commission issued a Notice of Application and set a 14-day
intervention deadline. Order No. 35293. Clean Energy Opportunities for Idaho (“CEO”) was
granted intervention into this case. Order No. 35318. There were no other intervenors.
On May 11, 2023, the Commission issued Final Order No. 35777 approving the
Company’s ESA for electric service between the Company and Brisbie subject to several
modifications.
On May 23, 2023, CEO petitioned for clarification seeking to better understand if the
Commission intended for it to be involved in discussions about the treatment of “Schedule 33
costs, revenues, and loads in base rates.” CEO Petition at 2, 3.
Neither Staff nor the Company responded to CEO’s Petition.
Having reviewed the Petition we now issue this Order clarifying our intent that CEO may
participate in related workshops.
THE PETITION
CEO explained that its primary reason for intervening in Case No. IPC-E-21-42 was not
specifically to focus on the details of the Company and Brisbie’s agreement, but rather to
understand how it might affect other applicants and customers. CEO’s reason for intervening—
and its reason for continuing to be involved in the Company’s other dockets—was to participate
in discussions about how Schedule 33’s costs, revenues, and loads will be treated in customer rates.

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

ORDER NO. 35820
ORDER NO. 35820 2

STANDARD OF REVIEW
Any person may petition the Commission to clarify an order under Commission Rule of
Procedure 325, IDAPA 31.01.01.325. Petitions for clarification do not suspend or toll the timing
requirements for petitions for reconsideration. Petitions for clarification may be combined with
petitions for reconsideration.
COMMISSION DISCUSSION AND FINDINGS
Having reviewed CEO’s Petition we issue this Order clarifying that our intent in Order No.
35777 was for CEO to be included in workshops related to treatment of Schedule 33’s costs,
revenues, and loads as applied to base rates.
ORDER
IT IS HEREBY ORDERED that CEO’s Petition for Clarification is granted. CEO may
participate in workshops related to treatment of Schedule 33’s costs, revenues, and loads as applied
to base rates.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within 21 days of the service date of this Order. Within seven 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 20th day of
June 2023.

________________________________________
ERIC ANDERSON, PRESIDENT

________________________________________
JOHN R. HAMMOND, JR., COMMISSIONER

________________________________________
EDWARD LODGE, COMMISSIONER
ATTEST:

___________________________________
Jan Noriyuki
Commission Secretary
I:\Legal\ELECTRIC\IPC-E-21-42 Brisbie\orders\IPCE2142_final clarification_dh.docx