HomeMy WebLinkAbout20221212Notice_of_Application_Order_No_35620.pdfNOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35620 1
Office of the Secretary
Service Date
December 12, 2022
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER
COMPANY’S APPLICATION FOR
APPROVAL OR REJECTION OF AN
ENERGY SALES AGREEMENT WITH
LOWER LOWLINE LLC, FOR THE SALE
AND PURCHASE OF ELECTIC ENERGY
FROM THE LOWLINE #2 HYDRO
PROJECT
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CASE NO. IPC-E-22-28
NOTICE OF APPLICATION
NOTICE OF
MODIFIED PROCEDURE
ORDER NO. 35620
On November 9, 2022, Idaho Power Company (“Company”) applied for approval or
rejection of an energy sales agreement (“ESA”) with Lower Lowline LLC (“Seller”) for the energy
generated by the Lowline #2 Hydro Project (“Facility”). The Facility is a qualifying facility (“QF”)
under the Public Utility Regulatory Policies Act of 1978 (“PURPA”). The Company requests this
matter be processed by Modified Procedure with an effective date of April 30, 2023.
The Commission now issues this Notice of Application 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 Facility is near Twin Falls, Idaho and has a 2,790
kilowatt (“KW”) nameplate capacity.1 The Seller has been delivering energy from the Facility to
the Company under a firm energy sales agreement entered into on September 12, 1986. The 1986
energy sales agreement expires on April 30, 2023. The new ESA has a 20-year term with non-
levelized, seasonal hydro published avoided cost rates as set in Order No. 35422 and confirmed as
correct in Order No. 35475. The Seller would receive capacity payments for the entire 20-year
term under the ESA.
YOU ARE FURTHER NOTIFIED that the ESA requires the Seller to estimate net energy
and also adopts a “five-day advanced notice for adjusting Estimated Net Energy Amounts for
purposes of complying with 90/110 firmness requirements.” Application at 8.
YOU ARE FURTHER NOTIFIED that the Company requests the Commission approve
the ESA and declare all payments for the purchase of energy under the ESA be allowed as
prudently incurred expenses for ratemaking purposes.
1 The nameplate capacity remains unchanged from the 1986 energy sales agreement.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35620 2
YOU ARE FURTHER NOTIFIED that the Application and the ESA 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.
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 it will review the case through written
submissions under the Commission’s Rules of Modified Procedure Rules 201-204 of the Idaho
Public Utilities 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 they support or oppose the Application.
Persons who would like a hearing must specifically request a hearing in their written comments.
Persons shall have until January 4, 2023, to file written comments. 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 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:
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35620 3
For the Idaho Public Utilities
Commission:
Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
secretary@puc.idaho.gov
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
Idaho Power Company
P.O. Box 70
Boise, ID 83707-0070
dwalker@idahopower.com
mgoicoecheaallen@idahopower.com
dockets@idahopower.com
Energy Contracts
Idaho Power Company
P.O. Box 70
Boise, ID 83707-0070
energycontracts@idahopower.com
YOU ARE FURTHER NOTIFIED that the Company and Seller must file any reply
comments on or before January 11, 2023.
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, Rules 201-204 (IDAPA 31.01.01.201-.204). Persons interested in submitting written
comments must do so by January 4, 2023. The Company and Seller must file any reply comments
by January 11, 2023.
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. 35620 4
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 12th day
of December 2022.
__________________________________________
ERIC ANDERSON, PRESIDENT
__________________________________________
JOHN CHATBURN, COMMISSIONER
__________________________________________
JOHN R. HAMMOND, JR., COMMISSIONER
ATTEST:
Jan Noriyuki
Commission Secretary
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