20220301Notice_of_Application_Order_No_35331.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35331 1

Office of the Secretary
Service Date
March 1, 2022
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On February 04, 2022, Idaho Power Company (“Company”) requested Commission
approval or rejection of a replacement Energy Sales Agreement (“ESA”) between the Company
and Shingle Creek LLC (“Seller”) concerning the purchase of electricity generated from the
Shingle Creek Hydro Project (“Facility”) located near the town of Riggins, Idaho. Application at
1. The Facility is a qualifying facility under the Public Utility Regulatory Policies Act of 1978
(“PURPA”). Id.
The Commission now issues Notice of Application and Notice of Modified Procedure
and establishes deadlines for interested persons to comment and for the Company to reply.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Company represents that the Facility has
been delivering energy to the Company in accordance with a PURPA ESA that was executed on
May 8, 2017. Id. at 4. The Company further represents that the Seller has agreed to a maximum
capacity amount of 222 kilowatts which is equal to the capacity amount of the current ESA which
expires on July 31, 2022. Id.
YOU ARE FURTHER NOTIFIED that the Company represents that, on January 24,
2022, it and the Seller executed a new ESA for a five-year term using the non-levelized, non-
seasonal hydro published avoided cost rates established in Order No. 35052 for replacement
contracts and for energy deliveries of less than ten average megawatts. Id. at 4. The Company
states that the replacement ESA “is a new contract for a new term and current terms and
conditions.” Id. at 2.
YOU ARE FURTHER NOTIFIED that the Company indicates that the replacement
ESA contains payment for capacity during the full term of the ESA. The Company states that the
IN THE MATTER OF IDAHO POWER
COMPANY’S APPLICATION REGARDING
THE ENERGY SALES AGREEMENT WITH
SHINGLE CREEK LLC, FOR THE SALE
AND PURCHASE OF ELECTRIC ENERGY
FROM THE SHINGLE CREEK HYDRO
PROJECT
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CASE NO. IPC-E-22-02

NOTICE OF APPLICATION

NOTICE OF MODIFIED
PROCEDURE

ORDER NO. 35331
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35331 2

Facility is currently interconnected and selling energy to the Company and that the ESA specifies
a Scheduled First Energy Date and Scheduled Operation Date for the Facility of August 1, 2022.
Id. at 4.
YOU ARE FURTHER NOTIFIED that the Application and supporting documentation
are available for public inspection during regular business hours at the Commission’s office. These
documents are also available on the Commission’s website 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 will proceed under Modified Procedure
pursuant to Rules 201-204 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 they support or oppose the Application.
Persons who would like a hearing must specifically request a hearing in their written comments.
Persons shall have until March 31, 2022, to file written comments. 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 website 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 comments by email, email the Commission Secretary and the Company at
the email addresses listed below. If computer access is unavailable, then comments may be mailed
to the Commission and Company at these addresses:

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35331 3

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, Suite 201-A
Boise, ID 83714
For the Company:

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

Energy Contracts
1221 West Idaho Street (83702)
P.O. Box 70
Boise, ID 83707
[e-mail]

YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by
April 7, 2022.
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 shall have until March 31, 2022,
to file written comments, and the Company shall have until April 7, 2022, to file a reply.
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.
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NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35331 4

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 1st day
of March 2022.

ERIC ANDERSON, PRESIDENT

JOHN CHATBURN, COMMISSIONER

JOHN R. HAMMOND JR., COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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