20230324Order_No_35722.pdf

ORDER NO. 35722 1
Office of the Secretary
Service Date
March 24, 2023
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 ELECTRIC ENERGY
FROM THE LOWLINE #2 HYDRO
PROJECT
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CASE NO. IPC-E-22-28

ORDER NO. 35722

On November 9, 2022, Idaho Power Company (“Company”) applied for approval of an
energy sales agreement (“ESA”) with Lower Lowline LLC (“Seller”) (collectively the “Parties”)
for 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”).
On December 12, 2022, the Commission issued a Notice of Application and Modified
Procedure setting public comment and Company reply deadlines. Commission Staff (“Staff”) filed
comments and the Company filed reply comments. No other comments were received.
On March 13, 2023, the Commission ordered the Company to amend the proposed ESA to
ensure “that only net power supply expense in the Company’s Power Cost Adjustment reflect the
proper authorized rate for all energy delivered as of the first operation date of the Facility. . . .”
Order No. 35705 at 4. The Commission ordered the Company to modify Article XXIII of the ESA
and file a compliance filing within 15 days of the Order accordingly. Id.
On March 17, 2023, the Company filed a “Motion for Extension of Time to Make
Compliance Filing” (“Motion”).
COMPANY’S MOTION
The Company explained that some of the provisions in Order No. 35705 “have broader
implications beyond this specific case and overlap with issues raised in Staff’s comments, also
issued on March 13, 2023, in the case pertaining to the Bypass Hydro Project.” Motion at 2. As
the Company further explained, the provisions in this ESA relate to “many of the same issues
raised by the Commission’s decision” in Case No. IPC-E-23-02 “and must be evaluated in concert
with the Company’s forthcoming compliance filing” in this case. Id.
Therefore, the Company believed “it would be useful to work with Staff in an effort to
reach alignment on the contract amendments [in both cases] but has not yet been able to arrange
ORDER NO. 35722 2
this [meeting].” Id. at 3. The Company stated it was seeking, in a parallel motion, Commission
authorization to extend the reply comment deadline in Case No. IPC-E-23-02 to March 31, 2023.
Id.1
Thus, the Company requested Commission authorization to extend the Company’s
compliance filing deadline to March 31, 2023, in this case.
COMMISSION DECISION
For the reasons discussed in the Company’s Motion and on the record at the Decision
Meeting, we find extending the Company’s compliance filing deadline in this case to March 31,
2023, to be fair and reasonable.
O R D E R
IT IS HEREBY ORDERED that the Company’s Motion is granted. The Company shall
have until March 31, 2023, to file the relevant compliance filing in this case.
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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1 The Commission granted this Motion at its March 21, 2023, Decision Meeting.
ORDER NO. 35722 3
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 24th day of
March 2023.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN R. HAMMOND, JR., COMMISSIONER

__________________________________________
EDWARD LODGE., COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\IPC-E-22-28 Lowline\orders\IPCE2228_Mtn_Ext_Compliance_md.docx