20220623Notice_of_Application_Order_No_35445.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35445 1
Office of the Secretary
Service Date
June 23, 2022
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF IDAHO POWER
COMPANY’S APPLICATION FOR
APPROVAL OR REJECTION OF THE
SECOND AMENDMENT TO ITS ENERGY
SALES AGREEMENT WITH AMERICAN
FALLS SOLAR, LLC
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CASE NO. IPC-E-22-19

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35445

On June 14, 2022, Idaho Power Company (“Company”) filed an Application with the
Commission requesting approval of the Second Amendment to its Energy Sales Agreement
(“ESA”) with American Falls Solar, LLC (“Seller”) who sells energy generated by the Seller’s 20
megawatt solar photovoltaic project (“Facility”) located in Power County, Idaho. The Facility is a
qualifying facility under the Public Utility Regulatory Policies Act of 1978.
The Idaho Public Utilities Commission (“Commission”) now issues this Notice of
Application and Notice of Modified Procedure and sets deadlines for interested persons to
comment on the Application and for the Company to reply.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Commission approved the Company’s ESA with
the Seller on December 29, 2014, for the purchase and sale of energy from the Facility. Order No.
33200. Application at 2. Section 6.2.2 of the ESA provides the Seller with the option to adjust the
monthly estimated Net Energy Amounts (“NEA”) within a specified time period. Id.
YOU ARE FURTHER NOTIFIED that the Seller’s Second Amendment seeks to change
the NEA adjustment time period in Section 6.2.2 of the ESA so that the Seller can make
adjustments by the 25th day of the preceding month in which a change is requested. Id.
YOU ARE FURTHER NOTIFIED that the Company represents that the Second
Amendment was executed by the Parties on June 9, 2022 and does not otherwise change any of
the obligations of the Parties set forth in the ESA. Id. at 3.
YOU ARE FURTHER NOTIFIED that the Application and the Second Amendment,
which is attached to the Application, are available for public inspection during regular business
hours at the Commission’s office. These documents are also available on the Commission’s
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35445 2
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 that it will proceed under Modified
Procedure pursuant to Rules 201 through 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 interested in filing written comments must do so within twenty-one (21)
days of the service date of this Order. Comments must be filed through the Commission website
or by e-mail unless computer access is unavailable. To comment electronically, please access the
Commission’s home page at http://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 commenter 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:
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NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35445 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, Ste. 201-A
Boise, Idaho 83714

For Idaho Power Company:

Donovan E. Walker
Megan Goicoechea Allen
IPC Dockets
Energy Contracts
1221 W. Idaho Street (83707)
P.O. Box 70
Boise, ID 83707
[e-mail]
[e-mail]
[e-mail]
[e-mail]

YOU ARE FURTHER NOTIFIED that the Company must file any reply comments within
twenty-eight (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, Rule 201-204 (IDAPA 31.01.01.201-.204). Persons interested in filing written
comments must do so within twenty-one (21) days from the service date of this Order. The
Company must file any reply comments within twenty-eight (28) days of the service date of this
Order.
IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April 21,
2022. Generally, all pleadings should be filed with the Commission electronically and will be
deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service between
parties should continue to be accomplished electronically when possible. However, voluminous
discovery-related documents may be filed and served on CD-ROM or a USB flash drive.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35445 4
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 23rd day of
June 2022.

ERIC ANDERSON, PRESIDENT

JOHN CHATBURN, COMMISSIONER

______________________________________
JOHN R. HAMMOND JR., COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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