HomeMy WebLinkAbout20230321Decision Memo.pdf
DECISION MEMORANDUM 1
DECISION MEMORANDUM
TO: COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: RILEY NEWTON
DEPUTY ATTORNEY GENERAL
DATE: MARCH 21, 2023
SUBJECT: 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 ELECTRIC ENERGY FROM THE BYPASS HYDRO
PROJECT; CASE NO. IPC-E-23-02.
On January 19, 2023, Idaho Power Company (“Company” or “Idaho Power”) applied for
approval or rejection of an energy sales agreement with North Side Energy Company, Inc. for the
energy generated by the Bypass Hydro Project (“Facility”). The Facility has a 9,960 kilowatt
nameplate capacity and is a qualifying facility under the Public Utility Regulatory Policies Act of
1978. The Company requested its Application be processed by Modified Procedure with a
Commission determination prior to expiration of the existing contract 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.
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”).
COMPANY’S MOTION
The Company explains that some of Staff’s recommendations in its comments in the instant
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 explains,
because the ESA in both cases “will address many of the same issues raised by the Commission’s
DECISION MEMORANDUM 2
decision in that matter and must be evaluated in concert with the Company’s forthcoming
compliance filing [in Case No. IPC-E-22-28]. 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.” Id. at 3. The Company is seeking, in a
parallel motion, Commission authorization to make a compliance filing in Case No. IPC-E-22-28.
Thus, in this case, the Company requests Commission authorization to extend the reply
comment deadline to March 31, 2023.
STAFF RECOMMENDATION
Staff believes that further discussion on the issues in this case and in Case No. IPC-E-22-
28 with the Company will ensure consistency between the cases and be useful and informative.
Staff therefore recommends that the Commission extend the Company reply comment deadline in
this case to March 31, 2023.
COMMISSION DECISION
Does the Commission wish to extend the Company reply comment deadline in this case to
March 31, 2023?
______________________________
Riley Newton
Deputy Attorney General
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