20230317IPC Extension Motion.pdf

MEGAN GOICOECHEA ALLEN
Corporate Counsel
[e-mail]

March 17, 2023

VIA ELECTRONIC MAIL

Jan Noriyuki, Secretary
Idaho Public Utilities Commission
11331 West Chinden Blvd., Building 8
Suite 201-A
Boise, Idaho 83714

Re: Case No. IPC-E-23-02
Bypass Hydro Project
Idaho Power Company’s Application re Energy Sales Agreement with
North Side Energy Company, Inc.

Dear Ms. Noriyuki:

Attached for electronic filing is Idaho Power Company’s Motion for Extension of
Time to File Reply Comments in the above-entitled matter. If you have any questions
about the attached documents, please do not hesitate to contact me.

Very truly yours,

Megan Goicoechea Allen

MGA:cld
Enclosures
RECEIVED
Friday, March 17, 2023 3:27:24 PM
IDAHO PUBLIC
UTILITIES COMMISSION
IDAHO POWER COMPANY’S MOTION FOR EXTENSION OF TIME TO FILE REPLY
COMMENTS - 1
DONOVAN E. WALKER (ISB No. 5921)
MEGAN GOICOECHEA ALLEN (ISB No. 7623)
Idaho Power Company
1221 West Idaho Street (83702)
P.O. Box 70
Boise, Idaho 83707
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

Attorneys for Idaho Power Company

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR
APPROVAL OR REJECTION OF AN
ENERGY SALES AGREEMENT WITH
NORTH SIDE ENERGY COMPANY, INC.
FOR THE SALE AND PURCHASE OF
ELECTRIC ENERGY FROM THE BYPASS
HYDRO PROJECT.

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CASE NO. IPC-E-23-02

IDAHO POWER COMPANY’S
MOTION FOR EXTENSION OF
TIME TO FILE REPLY COMMENTS

COMES NOW, Idaho Power Company (“Idaho Power” or “Company”) and moves
the Idaho Public Utilities Commission (“Commission”) for an order granting additional time
for the Company to file its Reply Comments pursuant to the Notice of Modified Procedure,
Order No. 35676. The grounds and reasons for this request are as follows:
1. On March 13, 2023, Staff filed its Comments relative to the proposed
replacement Energy Sales Agreement (“ESA” or “Agreement”) between Idaho Power and
North Side Energy Company, Inc. (“North Side” or “Seller”), for energy generated by the
Bypass Hydro Project, which is a qualifying facility (“QF” or “Facility”) under the Public
Utility Regulatory Policies Act of 1978 (“PURPA”). In reviewing the ESA, Staff focused on
IDAHO POWER COMPANY’S MOTION FOR EXTENSION OF TIME TO FILE REPLY
COMMENTS - 2
the following: Section B-7 Designated Network Resource (“DNR”), Facility nameplate
capacity, capacity payments, avoided cost rates, and Article XXIII Modification. While
Staff did not identify any issues related to capacity payments or avoided cost rates, it did
make several recommendations to update the ESA, some of which are agreeable to Idaho
Power but others warrant additional consideration.
2. More specifically, some of Staff’s recommendations have broader
implications beyond this specific case and overlap with the Commission’s directives set
forth in Order No. 35705, also issued on March 13, 2023, in the case pertaining to the
Lowline #2 Hydro Project (Case No IPC-E-22-28). Both cases address a previously
heretofore standard PURPA ESA provision related to possible QF modifications and
identify shortcomings with both the Company’s existing and proposed contract language.
In light of the Commission’s Order, which directed the Company to add additional
language to more clearly and explicitly incorporate the Commission’s objectives, Idaho
Power has been considering the issues raised and determining how to fulfill the
Commission’s intent in both cases and in ESAs moving forward but needs additional time
to ensure a cohesive and expedient approach.
3. In addition, the Company is considering the recommendation (and directive
in Case No. IPC-E-22-28) that the Company only be allowed to include net power supply
expenses in its Power Cost Adjustment (“PCA”) that reflect the proper authorized rate for
all energy delivered as of the first operation date as a modified QF regardless of what is
paid to the QF. The Company needs more time to evaluate how to mitigate and address
the far reaching ramifications and detrimental impact of the cost recovery disallowances
that could result under this proposition.

IDAHO POWER COMPANY’S MOTION FOR EXTENSION OF TIME TO FILE REPLY
COMMENTS - 3
4. Because the ESA with North Side contains similar provisions as the Lowline
#2 Hydro Project ESA, the Reply Comments in the instant case will address many of the
same issues raised by the Commission’s decision in that matter and must be evaluated
in concert with the Company’s forthcoming compliance filing. In both cases, Idaho Power
believes it would be useful to work with Staff in an effort to reach alignment on the contract
amendments and related issues but has not yet been able to arrange this meeting.
5. In order to provide the Company adequate time to work through details and
prepare considered and appropriate filings replying to Staff’s Comments and complying
with the Commission’s directive, Idaho Power respectfully requests that the Commission
issue an order extending the deadline for the Company to file its reply comments to March
31, 2023.1
6. Idaho Power contacted Staff, regarding this request for extension and was
advised that Staff has no objection to extending the deadline for the Company’s
compliance filing.
Respectfully submitted this 17th day of March 2023.

MEGAN GOICOECHEA ALLEN
Attorney for Idaho Power Company

1 Idaho Power will also be making a filing in Case No. IPC-E-22-28, seeking an extension to make its
compliance filing in case until March 31, 2023.
IDAHO POWER COMPANY’S MOTION FOR EXTENSION OF TIME TO FILE REPLY
COMMENTS - 4
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 17th day of March 2023, I served a true and correct
copy of the foregoing Idaho Power Company’s Motion for Extension of Time to File Reply
Comments upon the following named parties by the method indicated below, and
addressed to the following:

Commission Staff
Riley Newton
Deputy Attorney General
Idaho Public Utilities Commission
11331 W. Chinden Blvd., Bldg No. 8,
Suite 201-A (83714)
PO Box 83720
Boise, ID 83720-0074

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Alan W. Hansten, General Manager
North Side Energy Company
921 N. Lincoln Ave.
Jerome, ID 83338
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_____________________________________
Christy Davenport
Legal Administrative Assistant