20230413Comments.pdf

MICHAEL DUVAL
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION 'e ---
PO BOX 83720
BOISE,IDAHO 83720-0074 3100
[phone]
IDAHO BAR NO.11714
Street Address for Express Mail:
11331 W CHINDEN BLVD,BLDG 8,SUITE 201-A
BOISE,ID 83714
Attorneyfor the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER )COMPANY'S APPLICATION FOR )CASE NO.IPC-E-23-03APPROVALOFASECONDAMENDMENT)OF THE ENERGY SALES AGREEMENT FOR )COMMENTS OF THETHESALEANDPURCHASEOFELECTRIC)COMMISSION STAFFENERGYFROMTHETAMARACKCSPP)PROJECT )
STAFF OF the Idaho Public Utilities Commission,by and through its Attorneyof
record,Michael Duval,Deputy Attorney General,submits the followingcomments.
BACKGROUND
On February 16,2023,Idaho Power Company ("Company")filed an Application
("Application")with the Idaho Public Utilities Commission ("Commission")requesting approval
of the Second Amendment ("Second Amendment")to its Energy Sales Agreement ("ESA").
The Company represents Second Amendment seeks to update the Seller's name in the ESA from
"Evergreen Energy,Inc"I to "Tamarack Mill,LLC".Application at 3.The Tamarack CSPP
'Numbered paragraph 1 of the Application inadvertently refers to this entity as "Evergreen Energy,LLC".Application at 2.The entity relevant to this matter is Evergreen Energy,Inc.,as set forth in the Second AmendmentandshownastheentitythatwasmergedwithTamarackMill,LLC with the latter being the survivingentity.Seehttps://sosbiz.idaho.cov/search business.In addition,records of the Idaho Secretary of State indicated that there is aperiodafter"Inc."Id.
STAFF COMMENTS 1 APRIL 13,2023
project ("Facility")is located in Adams County,Idaho.The Facility is a 6.25-megawatt
qualifyingfacility ("QF")under the Public Utility Regulatory Policies Act of 1978 ("PURPA").
(The owner of the Facility and the Company referred to collectivelyto as the "Parties").
The Company states that Evergreen Energy,Inc.("Evergreen")and Tamarack Mill,LLC
("Tamarack")shared the same owner before the companies were merged.The Company further
states that the entities merged effective January 1,2023.
The Company states that Evergreen ceased to exist due to the merger and that Tamarack
assumed the duties and rights of Evergreen's ESA with the consent of the Company.The Parties
seek the Second Amendment to the ESA so that Tamarack is listed as the Seller.
STAFF ANALYSIS
Staff reviewed the proposed Second Amendment and recommends the Commission
approve it.The Second Amendment only changes the Seller's name from Evergreen Energy to
Tamarack Mill without changing any of the obligations of the Parties.
STAFF RECOMMENDATION
Staff recommends that the Commission approve the Second Amendment.
Respectfully submitted this day of April 2023.
Michael D
Deputy Attorney General
Technical Staff:Yao Yin
i:umisc/comments/ipce23.03mdyy comments
STAFF COMMENTS 2 APRIL 13,2023
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 13th DAY OF APRIL 2023,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF,IN
CASE NO.IPC-E-23-03,BY E-MAILING A COPY THEREOF,TO THE FOLLOWING:
DONOVAN E WALKER ENERGY CONTRACTS
MEGAN GOICOECHEA ALLEN IDAHO POWER COMPANY
IDAHO POWER COMPANY PO BOX 70
PO BOX 70 BOISE ID 83707-0070
BOISE ID 83707-0070 E-MAIL:[e-mail]
E-MAIL:[e-mail]
muoicoecheaallen idahopower.com
[e-mail]
RODNEY KROGH
TAMARACK MILL LLC
EVERGREEN ENERGY INC
PO BOX 340
KOOSKIA ID 83539
E-MAIL:markkrogh frontier.net
SECRE ARY
CERTIFICATE OF SERVICE