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HomeMy WebLinkAbout20230823Final_Order_No_35898.pdfORDER NO. 35898 1 Office of the Secretary Service Date August 23, 2023 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION On March 10, 2022, Idaho Power Company (“Company”) applied to the Commission for an order: 1) approving a revised Special Contract (“ESA”) for electric service between the Company and Micron Technology, Inc. (“Micron”), and 2) approving the 20-year Power Purchase Agreement (“PPA”) between the Company and Black Mesa Energy, LLC that was entered into with the expectation of assigning the associated energy to Micron under the revised Special Contract. On August 1, 2022, the Commission issued Order 35482 approving the Black Mesa PPA as filed but directing the Company to file an updated ESA, consistent with the Commission’s modifications. Order No. 35482 at 18. On August 22, 2022, the Company filed a Petition for Clarification and Reconsideration (“Petition”). The Company requested clarification pertaining to the Renewable Capacity Credit (“RCC”) method in Order No. 35482. On September 19, 2022, the Commission granted the Company’s Petition, and stayed the directive in Order No. 35482 requiring the Company to file an updated Micron ESA by October 30, 2022, and ordered the Company and Staff to “work together to develop a rate structure for calculating Micron’s [ RCC] under the ESA which the Company shall file as a compliance filing in this case . . . .” Order No. 35532 at 10. On December 23, 2022, the Company submitted a Compliance Filing that included its Proposed Renewable Capacity Credit Payment Performance Mechanism (“Proposed Method”) and in the alternative, the IRP-based Energy Storage Project Renewable Capacity Credit (“RCC”) Payment Performance Mechanism (“Alternative Method”), to calculate RCC payments based on collaboration between the Company and the Commission Staff (“Staff”). 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 ) ) ) ) ) ) ) ) CASE NO. IPC-E-22-06 ORDER NO. 35898 ORDER NO. 35898 2 On April 10, 2023, Staff submitted a Decision Memorandum (“Memo”) which detailed Staff’s work with the Company in devising a rate structure for calculating the RCC under the Micron ESA consistent with the Commission’s directives. The Memo recommended approval of the Company’s Proposed Method for calculating RCCs under the Micron ESA. On April 12, 2023, the Commission issued Order 35735 approving the Company’s Proposed Method for calculating RCC payments under the Micron ESA. The Commission also ordered the Company to file an updated ESA and Schedule 26 consistent with the Commission’s findings in this Order and other relevant orders by June 1, 2023. On June 1, 2023, the Company filed a Second Compliance Filing to update the Micron ESA and Schedule 26 consistent with the Commission’s findings in Order 35735 and other relevant orders. On June 20, 2023, Staff’s Decision Memorandum recommending approval of the Micron ESA as amended May 31, 2023 and revised Schedule 26 went before the Commission. The Commission accepted Staff’s recommendation regarding the amended Micron ESA and revised Schedule 26. We now issue this Order approving the Company’s Second Compliance Filing consisting of the amended Micron ESA and revised Schedule 26, as filed. COMMISSION 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. The Commission may enter any final order consistent with its authority under Title 61. We have reviewed the record in this case and find that the Second Compliance Filing to update the Micron ESA and Schedule 26 submitted by the Company on June 1, 2023, are consistent with the Commission’s findings in Order 35735, is reasonable and consistent with our directives. O R D E R IT IS HEREBY ORDERED that the Company’s Second Compliance Filing to update the Micron ESA and Schedule 26 are accepted as filed. ORDER NO. 35898 3 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 regarding 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. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 23rd day of August 2023. ________________________________________ ERIC ANDERSON, PRESIDENT _______________________________________ JOHN CHATBURN, COMMISSIONER _______________________________________ JOHN R. HAMMOND JR., COMMISSIONER ATTEST: __________________________________ Jan Noriyuki Commission Secretary I:\Legal\ELECTRIC\IPC-E-22-06 Micron Black Mesa\orders\IPCE2206_comp_dh.docx