20230412Final_Order_No_35739.pdf

ORDER NO. 35739 1
Office of the Secretary
Service Date
April 12, 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

ORDER NO. 35739

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
represented 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 requested an order from the Commission prior to May 11, 2023.
Idaho Power and Brisbie have negotiated a Special Contract for the provision of electric
service to Brisbie by Idaho Power. The Special Contract, or the Energy Services Agreement
(“ESA”), was filed with the Commission for review and approval in Case No. IPC-E-21-42.
Under the terms of the PPA in this Application, Pleasant Valley Solar would build, own,
operate, and maintain a 200 megawatt (“MW”) alternating current (“AC”) solar photovoltaic
generation facility (“Facility”) and would 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.
STAFF COMMENTS
Staff reviewed the proposed PPA including the Parent Guaranty, rate structures before the
Commercial Operation Date, degradation factors of the facility output, Expected Energy, Section
23 regarding effectivity of the contract, Liquidated Damages for Output Shortfall, and the
relationship between this case and Case No. IPC-E-21-42 (Brisbie).
Staff recommended that the parties update the PPA to: (1) correct a mistake regarding the
degradation factors in Section 1.35; (2) ensure that the term Expected Energy was used correctly
throughout the PPA; (3) modify Section 23 to reflect the significance of Commission approval;
ORDER NO. 35739 2
and (4) include transmission-related costs in the Liquidated Damages for Output Shortfall
calculation. Staff stated that it would recommend approval of the PPA conditioned on the parties
updating the PPA to reflect Staff’s recommended changes.
COMPANY COMMENTS
On March 22, 2023, the Company filed a fully executed First Amendment to the Power
Purchase Agreement Between Pleasant Valley Solar, LLC and Idaho Power Company (“First
Amendment”). The Company represented that the parties had incorporated all of Staff’s
recommended changes and the Company believed that the executed First Amendment satisfied all
of Staff’s concerns.
The Company noted that the PPA contains provisions in Section 3.1 that require it to be
approved by the Commission and that there are provisions that provide for a day-for-day extension
of the Scheduled Commercial Operation Date and the Guaranteed Commercial Operation Date if
not approved prior to May 11, 2023. The Company also noted that the PPA is conditioned upon
the Commission’s approval of the Special Contract between Brisbie and Idaho Power.
COMMISSION FINDINGS AND DECISION
The Commission has jurisdiction over the Company’s Application and the issues in this
case under Title 61 of the Idaho Code including Idaho Code §§ 61-301 through 303. The
Commission is empowered to investigate rates, charges, rules, regulations, practices, and contracts
of all public utilities and to determine whether they are just, reasonable, preferential,
discriminatory, or in violation of any provisions of law, and to fix the same by order. Idaho Code
§§ 61-501 through 503.
The Commission has reviewed the Company’s Application, all submitted materials, and
comments of the parties. Based on its review of the record, the Commission finds it fair, just, and
reasonable to approve the Power Purchase Agreement Between Pleasant Valley Solar, LLC and
Idaho Power, and the First Amendment to the Power Purchase Agreement Between Pleasant
Valley Solar, LLC and Idaho Power.
ORDER
IT IS HEREBY ORDERED that the Power Purchase Agreement Between Pleasant Valley
Solar, LLC and Idaho Power is approved.
IT IS FURTHER ORDERED that the First Amendment to the Power Purchase Agreement
Between Pleasant Valley Solar, LLC and Idaho Power is approved.
ORDER NO. 35739 3
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date upon 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. Idaho Code §§ 61-626
and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 12th day of
April 2023.

ERIC ANDERSON, PRESIDENT

JOHN R. HAMMOND JR., COMMISSIONER

EDWARD LODGE, COMMISSIONER
ATTEST:

Jan Noriyuki
Commission Secretary

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