20220411Final_Order_No_35368.pdf

ORDER NO. 35368 1

Office of the Secretary
Service Date
April 11, 2022

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

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 ENERGY
FROM THE EIGHTMILE HYDRO PROJECT

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CASE NO. IPC-E-22-03

ORDER NO. 35368

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 First Amendment seeks to adjust the Net Energy Amount
(“NEA”) estimate from a thirty-day notice requirement to a five-day notice requirement. Id. at 2.
On February 25, 2022, the Commission issued a Notice of Application and Notice of
Modified Procedure setting deadlines for public comments and the Company’s reply. See Order
No. 35327. The Commission Staff (“Staff”) was the only party to file comments.
The Commission now issues this final Order approving the Company’s Application.
THE APPLICATION
The ESA between the Company and Seller was approved on May 5, 2014. Application
at 2. Currently, Section 6.2.3 of the ESA allows Seller to adjust the Monthly Net Energy Amounts
(“NEA”) at least thirty days in advance. Id. The First Amendment to the ESA proposes to delete
Section 6.2.3 and replace it with new language permitting a five-day advance notice adjustment
period for the NEA as opposed to a thirty-day advance notice requirement. Id. Id. at 3. The
Amendment does not change any other obligations or provisions in the ESA. Id.
STAFF COMMENTS
Staff believed the five-day advanced notice would improve accuracy of input used for
short-term operational planning because monthly estimates provided closer to the time of delivery
would be more accurate than 30-day advanced notices. Staff Comments at 2. Similar five-day
advanced notices have been approved by the Commission in Order Nos. 34263, 34870, and 34937.

ORDER NO. 35368 2
COMMISSION FINDINGS AND DECISION
The Commission has jurisdiction over this matter under Idaho Code §§ 61-501, -502
and -503. The Commission is empowered to investigate rates, charges, rules, regulations, practices,
and contracts of public utilities and to determine whether they are just, reasonable, preferential,
discriminatory, or in violation of any provision of law, and to fix the same by order. Idaho Code
§§ 61-502 and -503.
Having reviewed the record, we find the First Amendment to the ESA to be fair, just
and reasonable. We agree that a five-day advanced notice as opposed to a thirty-day notice will
improve the accuracy of input used for short-term operational planning. Consistent with our
previous orders, we find the five-day NEA adjustment period to be within the public interest.
ORDER
IT IS HEREBY ORDERED that the Company’s Application is approved.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order with regard to any
matter decided in this Order. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code § 61-
626.
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ORDER NO. 35368 3

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 11th day
of April 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_final_tb.docx