20220406Notice_of_Application_Order_No_35367.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35367 1

Office of the Secretary
Service Date
April 6, 2022
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On March 10, 2022, Idaho Power Company (“Company”) applied to the Commission
for an order approving a revised Special Contract for electric service between the Company and
Micron Technology, Inc. (“Micron”) and a 20-year Power Purchase Agreement (“PPA”) between
the Company and Black Mesa Energy, LLC (“Black Mesa”) to facilitate the provision of energy
to the Company under the revised Special Contract.
The Commission now issues Notice of the Company’s Application and Notice of
Modified Procedure and sets deadlines for interested persons to comment and for the Company to
reply.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that Micron, as a Large Power Service customer
receiving in excess of 20 Megawatts (“MW”) under Schedule 19, is required to make special
contract arrangements with the Company.
YOU ARE FURTHER NOTIFIED that the Company and Micron have been operating
under a Special contract agreement that was recently replaced in 2009 (“Current Agreement”).
Application at 2. The Company represents that the revised Special Contract (“ESA”) is intended
to replace the Current Agreement. Id.
YOU ARE FURTHER NOTIFIED that the Company represents that the ESA
contemplates the Company procuring an “initial Renewable Resource of 40 MW on behalf of—
and to be paid for by—Micron.” Id. at 3.
YOU ARE FURTHER NOTIFIED that, under the terms of the twenty-year Black Mesa
PPA, Black Mesa will build, own, operate, and maintain a 40 MW alternating current solar
IN THE MATTER OF IDAHO POWER
COMPANY’S APPLICATION FOR
APPROVAL OF A REPLACEMENT
SPECIAL CONTRACT WITH MICRON
TECHNOLOGY, INC. AND A POWER
PURCHASE AGREEMENT WITH BLACK
MESA ENERGY, LLC
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CASE NO. IPC-E-22-06

NOTICE OF APPLICATION

NOTICE OF MODIFIED
PROCEDURE

ORDER NO. 35367
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35367 2

photovoltaic generation facility and will supply the output to the Company’s system. Id. at 2-3.
The PPA has a scheduled operation date of June 1, 2023.
YOU ARE FURTHER NOTIFIED that the Company requests a Commission order
before August 1, 2022, approving the ESA, the PPA, modifications to Schedule 26 Electric Service
Rate for Micron Technology, Inc., the derivation of the capacity credit associated with the
Renewable Resources and compensation structure for excess renewable energy generation,
authorization to treat bill credits provided to Micron under the proposed compensation structure
as prudently incurred expenses for ratemaking purposes, and the Company’s proposed accounting
treatment. Id. at 11.
YOU ARE FURTHER NOTIFIED that the Application, proposed tariff, and testimony
have been filed with the Commission and 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. 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 MODIFIED PROCEDURE
YOU ARE HEREBY 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 shall have until June 29, 2022, to file written comments. Comments must
be filed through the Commission’s website or by e-mail unless computer access is unavailable. To
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35367 3

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 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 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:

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

Timothy E. Tatum
Connie Aschenbrenner
1221 West Idaho Street (83702)
PO Box 70
Boise, ID 37707
[e-mail]
[e-mail]

YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by
July 6, 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 this case be processed by Modified Procedure, Rule
201 – 204 (IDAPA 31.01.01.201 through.204). Persons wishing to file written comments must do
so by June 29, 2022. The Company must file any reply comments by July 6, 2022.
IT IS FURTHER ORDERED that 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
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35367 4

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 6th day
of April 2022.

ERIC ANDERSON, PRESIDENT

JOHN CHATBURN, COMMISSIONER

______________________________________
JOHN R. HAMMOND JR., COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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