20230206Notice_of_Application_Order_No_35676.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35676 1
Office of the Secretary
Service Date
February 6, 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
NORTH SIDE ENERGY COMPANY, INC.
FOR THE SALE AND PURCHASE OF
ELECTIC ENERGY FROM THE BYPASS
HYDRO PROJECT
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CASE NO. IPC-E-23-02

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35676

On January 19, 2023, Idaho Power Company (“Company”) applied for approval or
rejection of a proposed energy sales agreement (“ESA”) with North Side Energy Company, Inc.
(“Seller”) for the energy generated by the Bypass Hydro Project (“Facility”). The Facility is a
qualifying facility (“QF”) under the Public Utility Regulatory Policies Act of 1978 (“PURPA”).
The Company requested its Application be processed by Modified Procedure with a Commission
determination prior to the existing contract’s expiration on May 31, 2023.
The Commission now issues this Notice of Application and Notice of Modified Procedure
and sets deadlines for interested persons to comment on the Application and for the Company and
the Seller to reply.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Company represents that the Facility is located
on the Snake River near Hazelton, Idaho and has a 9,960 kilowatt (“kW”) nameplate capacity.
Application at 2. The Company states that the Seller has been delivering energy from the Facility
to the Company under a firm energy sales agreement entered on November 12, 1986, and expiring
on May 31, 2023. The Company states that the proposed ESA, executed by the parties on January
3, 2023, contemplates a 20-year term with non-levelized, seasonal hydro published avoided cost
rates as set forth in Order Nos. 35422 and 35475 with full capacity payments to the Seller for the
entire term. Id.
YOU ARE FURTHER NOTIFIED that the proposed ESA requires the Seller to estimate
net energy and also adopts a “five-day advanced notice for adjusting Estimated Net Energy
Amounts for purposes of complying with 90/110 firmness requirements . . . .” Id. at 8. The
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35676 2
Company represents that the proposed ESA complies with all applicable federal and state law and
Commission orders.
YOU ARE FURTHER NOTIFIED that the Company requests the Commission approve
the proposed ESA and declare all payments for the purchase of energy under the proposed ESA
be allowed as prudently incurred expenses for ratemaking purposes.
YOU ARE FURTHER NOTIFIED that the Application and the proposed ESA are
available for public inspection during regular business hours at the Commission’s office. These
documents are also available on the Commission’s homepage at 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 it will review the case through written
submissions under the Commission’s Rules of Modified Procedure Rules 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 they support or oppose the Application.
Persons who would like a hearing must specifically request a hearing in their written comments
and explain why written comments alone are insufficient. Persons shall have until March 13,
2023, to file written comments. Comments must be filed through the Commission’s homepage
or by e-mail unless computer access is unavailable. To comment electronically, please access the
Commission’s website at 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, the
customer 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:
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35676 3

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, Ste. 201-A
Boise, Idaho 83714

For Idaho Power Company:

Donovan E. Walker
Megan Goicoechea Allen
Energy Contracts
Idaho Power Company
P.O. Box 70
Boise, ID 83707-0070
[e-mail]
[e-mail]
[e-mail]
[e-mail]

YOU ARE FURTHER NOTIFIED that the Company and Seller must file any reply
comments on or before March 20, 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 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.
O R D E R
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 submitting written
comments must do so by March 13, 2023. The Company and Seller must file any reply comments
by March 20, 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
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.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35676 4
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 6th day
of February 2023.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN R. HAMMOND, JR., COMMISSIONER

__________________________________________
EDWARD LODGE., COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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