20220225Notice_of_Application_Order_No_35327.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35327 1

Office of the Secretary
Service Date
February 25, 2022
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On February 11, 2022, Idaho Power Company (“the Company”) applied to the Idaho
Public Utilities Commission (“Commission”) for approval or rejection of the First Amendment to
the Energy Sales Agreement (“ESA”) between the Company and Eightmile Hydro Corporation
(“Seller”). Application at 1. The ESA provides for the purchase of electric energy generated by the
Eightmile Hydro project (“Facility”) which is a qualifying facility (“QF”) under the Public Utility
Regulatory Policies Act of 1978 (“PURPA”). Id.
The Commission now issues this Notice of Application and Modified Procedure setting
deadlines for interested persons to comment on the Application and for the Company to reply.
BACKGROUND
The Company and Seller (“Parties”) entered an ESA on August 21, 2014, for the
purchase and sale of energy produced by the Facility. Id. at 2. Section 6.2.3 of the ESA allows
Seller to adjust the monthly estimated Net Energy Amounts (“NEA”) within a specified time
period. Id. However, after the execution of the ESA and approval by the Commission,1 Seller
requested a change to the time-period for making NEA adjustments. Id.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the First Amendment to the ESA provides for
the deletion of the language previously set forth in Section 6.2.3 and replaces it with the language
set forth in the Company’s Application. See Id. Notably, the revision changes the requirement that

1 The Commission approved the ESA on August 21, 2014. See Order No. 33104 (Case No. IPC-E-14-12).
IN THE MATTER OF IDAHO POWER
COMPANY’S APPLICATION REGARDING
THE FIRST AMENDMENT TO THE
ENERGY SALES AGREEMENT WITH
EIGHTMILE HYDRO CORPORATION FOR
THE SALE AND PURCHASE OF ELECTRIC
ENERYGY FROM THE EIGHTMILE
HYDRO PROJECT
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CASE NO. IPC-E-22-03

NOTICE OF APPLICATION

NOTICE OF MODIFIED
PROCEDURE

ORDER NO. 35327
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35327 2

the Seller must notify the Company of Estimated NEA from before the 1st day of the month
preceding the revised month to the 25th day of the month prior to the month being revised.2
YOU ARE FURTHER NOTIFIED that the First Amendment to the ESA to modify the
NEA adjustment period was executed by the Parties on February 2, 2022, and February 7, 2022—
but otherwise does not change any obligations or provisions in the ESA. Id. at 3.
YOU ARE FURTHER NOTIFIED that the Application and attachment are 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 will proceed under Modified Procedure
pursuant to Rules 201 through 204 of the Idaho Public Utilities 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 must file written comments within 21 days of the service date of this
Order. 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 home page
at www.puc.idaho.gov. Click the “Case Comment Form” and complete the form using the case

2 Under the ESA approved by Order No. 33104, to revise the estimated NEA for February, the Seller would have to
notify the Company of the revised estimate by December 31, whereas under the modification in this case, the Seller
must notify the Company of revised estimates for February by January 25th, unless it falls on a weekend or holiday
then it must be on the last business day before January 25th.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35327 3

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, Suite 201-A
Boise, ID 83714
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]

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

YOU ARE FURTHER NOTIFIED that the Company must file any reply comments
within 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 submitting written
comments must do so within 21 days of the service date of this Order. The Company must file any
reply comments within 28 days of the service date of this Order.
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
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35327 4

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 25th day
of February 2022.

ERIC ANDERSON, PRESIDENT

JOHN CHATBURN, COMMISSIONER

JOHN R. HAMMOND JR., COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\IPC-E-22-03 (Eightmile)\orders\IPCE2203_ntc_AppMod_tb.docx