20230106Notice_of_Application_Order_No_35658.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35658 1
Office of the Secretary
Service Date
January 6, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF IDAHO POWER
COMPANY’S APPLICATION FOR
APPROVAL OF A POWER PURCHASE
AGREEMENT WITH PLEASANT VALLEY
SOLAR, LLC.
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CASE NO. IPC-E-22-29

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35658

On November 14, 2022, Idaho Power Company (“Idaho Power” or “Company”), filed an
application (“Application”) with the Idaho Public Utilities Commission (“Commission”)
requesting an order approving a 20-year Power Purchase Agreement (“PPA”) between Idaho
Power and Pleasant Valley Solar, LLC (“Pleasant Valley Solar” or “Seller”). The Company
represents that the PPA was entered into with the expectation of assigning the associated energy
and Green Tags/Environmental Attributes to Brisbie LLC (“Brisbie”) under the provisions
contained in the Special Contract submitted for Commission review and approval in Case No. IPC-
E-21-42. The Company requests an order from the Commission prior to May 11, 2023.
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 Idaho Power and Brisbie have negotiated a Special
Contract for the provision of electric service to Brisbie by Idaho Power. The Special Contract, or
Energy Services Agreement (“ESA”), was filed with the Commission for review and approval in
Case No. IPC-E-21-42.
YOU ARE HEREBY NOTIFIED that under the terms of the PPA in this Application,
Pleasant Valley Solar will build, own, operate, and maintain a 200 megawatt (“MW”) alternating
current (“AC”) solar photovoltaic generation facility (“Facility”) and will supply the output to
Idaho Power’s system. Brisbie is identified in the PPA as a third-party beneficiary receiving energy
and Green Tags associated with the Facility’s Net Output.
YOU ARE FURTHER NOTIFIED that the PPA provides for a Scheduled Commercial
Operation Date of March 2, 2025, and a Guaranteed Commercial Operation Date, which is 180
days after the Scheduled Operation Date.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35658 2
YOU ARE FURTHER NOTIFIED that the PPA contains a performance requirement in
the form of an Output Guarantee. Under the Output Guarantee, the Seller is obligated to deliver 90
percent of the Expected Energy of the Facility on a monthly basis, and the PPA allows the Seller
an adjustment of Estimated Monthly Net Output Amounts by the 25th day of the preceding month.
YOU ARE FURTHER NOTIFIED that the PPA contains provisions for operation and
control of the project including planned outages, forced outages, maintenance outages, as well as
scheduling, forecasting, generator output limit control (“GOLC”), and metering.
YOU ARE FURTHER NOTIFIED that under the PPA, Idaho Power will receive 100
percent of the Green Tags or Environmental Attributes associated with the Facility, which will be
claimed by Brisbie pursuant to the Special Contract.
YOU ARE FURTHER NOTIFIED that the Application and submitted documentation 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.
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 Commission’s Rules of Procedure 201-204, 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 by March 8, 2023.
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
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35658 3
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 Walker
Tim Tatum
Connie Aschenbrenner
Idaho Power Company
1221 West Idaho Street (83702)
P.O. Box 70
Boise, ID 83707
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by
March 22, 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 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 by March 8, 2023. The Company must file any reply comments by March
22, 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
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35658 4
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.
DONE by order of the Idaho Public Utilities Commission at Boise, Idaho this 6th day of
January 2023.

ERIC ANDERSON, PRESIDENT

JOHN CHATBURN, COMMISSIONER

JOHN R. HAMMOND JR., COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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