20230501Final_Order_No_35767.pdf

ORDER NO. 35767 1

Office of the Secretary
Service Date
May 1, 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. 35767

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”). This Motion was granted on March 25, 2023. See Order No.
35722.
On March 31, 2023, the Company filed a compliance filing; an errata to the compliance
filing was filed on April 7, 2023.
On April 25, 2023, Staff submitted a decision memorandum which stated the Company
had complied with Commission requirements.
COMMISSION DECISION
In Order No. 35705 the Commission approved the proposed ESA provided the Company
complied with the requirements of that Order. After reviewing the record in this case, including
ORDER NO. 35767 2

Staff’s recommendations to the Company, we find the Company has addressed the Commission’s
concerns described in Order No. 35705. We approve the Company’s proposed ESA effective May
1, 2023.
ORDER
IT IS HEREBY ORDERED having complied with Order No. 35705, the Company’s ESA
is approved as modified.
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 1st day of
May 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_Final2_md.docx