20230324Order_No_35720.pdf

ORDER NO. 35720 1
Office of the Secretary
Service Date
March 24, 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

ORDER NO. 35720

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 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.
On February 6, 2023, the Commission issued a Notice of Application and Notice of
Modified Procedure establishing a March 13, 2023, Commission Staff (“Staff”) and public
comment deadline and a March 20, 2023, Company reply comment deadline. Order No. 35676.
Staff filed comments on March 13, 2023.
On March 17, 2023, the Company filed a “Motion for Extension of Time to File Reply
Comments” (“Motion”) which the Commission granted on the record at its March 21, 2023,
Decision Meeting.
COMPANY’S MOTION
The Company explained that some of Staff’s recommendations in this case “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).” Motion at 2. As the Company further explained, this ESA
addresses “many of the same issues raised by the Commission’s decision” in Case No. IPC-E-22-
28 “and must be evaluated in concert with the Company’s forthcoming compliance filing” in Case
No. IPC-E-22-28 on March 28, 2023. Id.
ORDER NO. 35720 2
Therefore, the Company believed “it would be useful to work with Staff in an effort to
reach alignment on the contract amendments and related issues [in both cases] but has not yet been
able to arrange this meeting.” Id. at 3. The Company stated it was seeking, in a parallel motion,
Commission authorization to extend the compliance filing in Case No. IPC-E-22-28 to March 31,
2023. Id.1
Thus, the Company requested Commission authorization to extend the Company reply
comment deadline to March 31, 2023, in this case.
COMMISSION DECISION
For the reasons discussed in the Company’s Motion and on the record at the Decision
Meeting, we find extending the Company reply comment deadline in this case to March 31, 2023,
to be fair and reasonable.
O R D E R
IT IS HEREBY ORDERED that the Company’s Motion is granted. The Company shall
have until March 31, 2023, to file reply comments in this case.
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.
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1 The Commission granted this Motion at its March 21, 2023, Decision Meeting.
ORDER NO. 35720 3
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 24th day of
March 2023.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN R. HAMMOND, JR., COMMISSIONER

__________________________________________
EDWARD LODGE., COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\IPC-E-23-02 ESA\orders\IPCE2302_Order Extending_rn.docx