20230323Notice_of_Application_Order_No_35715.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35715 1
Office of the Secretary
Service Date
March 23, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF IDAHO POWER
COMPANY’S APPLICATION FOR
APPROVAL OF A SECOND AMENDMENT
OF THE ENERGY SALES AGREEMENT
FOR THE SALE AND PURCHASE OF
ELECTRIC ENERGY FROM THE TROUT-
CO HYDRO PROJECT
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CASE NO. IPC-E-23-04

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35715

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
Second Amendment seeks to update the seller’s name in the ESA from “Michael Branchflower”
(“Branchflower”) to “Von Alan Industries, LLC” (“Von Alan”). Application at 3. The ESA
concerns the Trout-Co Hydro project (“Facility”) located on Billingsley Creek near Hagerman,
Idaho. The Facility is a qualifying facility (“QF”) under the Public Utility Regulatory Policies Act
of 1978 (“PURPA”). (The Company, Branchflower and Von Alan are referred to collectively as
the “Parties”).
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 Parties to
reply.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Company states the Commission approved the
ESA entered by the Company and Branchflower in Case No. IPC-E-21-16, Order No. 35239. An
amendment (“First Amendment”) to the ESA was approved by the Commission in Case No. IPC-
E-21-26, Order No. 35425. The First Amendment amended the ESA “to include the appropriate
published cost appendices for pricing generation delivered to Idaho Power as directed by the
Commission in Order No. 35239.” Application at 2.
YOU ARE FURTHER NOTIFIED that the Company states that Branchflower sold the
Facility to Von Alan, after which the Company, Branchflower, and Von Alan entered a Consent,
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35715 2
Assignment, and Assumption Agreement (“Agreement”) that became effective on January 23,
2023.
YOU ARE FURTHER NOTIFIED the Company states that, pursuant to the Agreement,
Von Alan assumed the duties and rights of Branchflower’s obligations under the ESA. The Parties
seek a Second Amendment to the ESA so that Von Alan can be listed as the seller of the electric
energy generated by the Facility. The Company quotes the desired modification to the ESA in the
Application.
YOU ARE FURTHER NOTIFIED the Company believes the Commission can approve
the Second Amendment without further process. The Company states that if further process is
required, the Company does not think a formal hearing is necessary. The Company requests the
Application be processed by Modified Procedure.
YOU ARE FURTHER NOTIFIED that the Application and the Second Amendment,
which is attached to the Application, are available for public inspection during regular business
hours at the Commission’s office. These documents are also available on the Commission’s
website at http://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 that it will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the Commission’s Rules of Procedure, IDAPA
31.01.01.201 through .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.
Persons interested in filing written comments must do so within twenty-one (21) days of the
service date of this Order. Comments must be filed through the Commission website or by e-
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35715 3
mail unless computer access is unavailable. To comment electronically, please access the
Commission’s home page at http://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, persons 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:

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
IPC Dockets
Energy Contracts
1221 W. Idaho Street (83702)
P.O. Box 70
Boise, ID 83707
[e-mail]
[e-mail]
[e-mail]
[e-mail]

YOU ARE FURTHER NOTIFIED that the Parties must file any reply comments within
twenty-eight (28) days of the service date of this Order.
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, Rule 201-204 (IDAPA 31.01.01.201-.204). Persons interested in filing written
comments must do so within twenty-one (21) days from the service date of this Order. The Parties
must file any reply comments within twenty-eight (28) days of the service date of this Order.
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
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35715 4
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.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 23rd 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-23-04 TroutCo\orders\IPCE2304_Ntc_App_Mod_md.docx