20220623Notice_of_Application_Order_No_35444.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35444 1
Office of the Secretary
Service Date
June 23, 2022
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR
APPROVAL OF A SECOND AMENDMENT
TO THE ENERGY SALES AGREEMENT
WITH ORCHARD RANCH, LLC FOR THE
SALE AND PURCHASE OF ELECTRIC
ENERGY
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CASE NO. IPC-E-22-21

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35444

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 Orchard Ranch, LLC (“Seller”), which sells energy generated by the Seller’s 20-
megawatt solar photovoltaic project (“Facility”) located in Ada County, State of Idaho. The
Company represented that the Facility is a qualifying facility under the Public Utility Regulatory
Policies Act of 1978. The Second Amendment seeks to delete Section 6.2.2 of the ESA and replace
it with a new Section 6.2.2. The Company represented that the new Section 6.2.2 modifies the Net
Energy Amount (“NEA”) adjustment period but does not otherwise change any obligations of the
parties set forth in the ESA.
The Commission now provides Notice of the Application, Notice of Modified Procedure,
and sets a public comment deadline and Company reply comment deadline.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Company has represented that Section 6.2.2 of
the ESA provides the Seller with the option to adjust the monthly estimated NEA within a specified
time period. The Company has represented that the Second Amendment would change the NEA
adjustment time period in Section 6.2.2 so that the Seller may make adjustments by the 25th day
of the preceding month in which a change is requested, but does not change any other obligations
set forth in the ESA.
YOU ARE FURTHER NOTIFIED that the Application is available for public inspection
during regular business hours at the Commission’s office. All documents are also available on the
Commission’s website at http://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.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35444 2
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 201-204 of the Commission’s Rules of Procedure, IDAPA
31.01.01.201-.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 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’s
website or by e-mail unless computer access is unavailable. To comment electronically, please
access the Commission’s website 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, persons 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:

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

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35444 3
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 final
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.
ORDER
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 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.

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NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35444 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

I:\Legal\ELECTRIC\IPC-E-22-21 Orchard\orders\IPCE2221_Ntc_App_Mod_cs.docx