20230518Final_Order_No_35785.pdf

ORDER NO. 35785 1
Office of the Secretary
Service Date
May 18, 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

ORDER NO. 35785

On February 16, 2023, Idaho Power Company (“Company”) applied for approval of the
Second Amendment (“Second Amendment”) to its Energy Sales Agreement (“ESA”) with
Michael Branchflower. The Company represents the Second Amendment updates the Seller’s
name in the ESA from Michael Branchflower (“Branchflower”) to Von Alan Industries, LLC
(“Von Alan” or “Seller”). Application at 3.
On March 23, 2023, the Commission issued a Notice of Application and Notice of
Modified Procedure establishing public comment and Company reply deadlines. Order No. 35715.
Staff filed comments. No other comments were received.
With this Order, we approve the Second Amendment.
BACKGROUND
The Company stated the Commission approved the ESA entered by the Company and
Branchflower in Case No. IPC-E-21-16, Order No. 35239. A first amendment to the ESA was
approved by the Commission in Case No. IPC-E-21-26 which updated 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.” Id. at 2; Order No. 35425.
THE APPLICATION
The Company stated that Branchflower sold the Facility to Von Alan, after which the
Company, Branchflower, and Von Alan entered a Consent, Assignment, and Assumption
Agreement (“Agreement”) that became effective on January 23, 2023.
The Company stated that, pursuant to the Agreement, Von Alan assumed Branchflower’s
rights and obligations under the ESA. The Parties requested to amend the ESA so Von Alan can
be listed as the Seller.

ORDER NO. 35785 2
STAFF COMMENTS
Staff reviewed the proposed Second Amendment and notes it only changes the Seller’s
name as described above without affecting the Parties contractual obligations. Staff recommended
the Commission approve the Company’s proposed Second Amendment as filed.
COMMISSION FINDINGS AND DECISION
The Commission has jurisdiction over this matter under Idaho Code §§ 61-502 and 61-
503. The Commission is empowered to investigate rates, charges, rules, regulations, practices, and
contracts of public utilities and to determine whether they are just, reasonable, preferential,
discriminatory, or in violation of any provision of law, and to fix the same by order. Idaho Code
§§ 61-502 and 61-503. The Commission also has authority under Public Utility Regulatory
Policies Act of 1978 (“PURPA”) and Federal Energy Regulatory Commission (“FERC”)
regulations to set avoided cost rates, to order electric utilities to enter fixed-term obligations for
the purchase of energy from QFs, and to implement FERC rules. The Commission may enter any
final order consistent with its authority under Title 61 and PURPA.
The Commission has reviewed the record, including the Application, the Second
Amendment, and Staff’s comments. The purpose of the Second Amendment is to clearly set forth
the Seller’s identity in the ESA as Von Alan, with the consent of the Company, who has assumed
all rights and duties of the “seller” under this contract. The Commission finds it is clearly in the
public interest to approve the Second Amendment so that the ESA correctly and legally sets forth
the parties to it.
ORDER
IT IS HEREBY ORDERED that the Company’s Second Amendment is approved; the
name of the Seller shall be updated in the ESA.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this order about any matter
decided in this Order. Within seven (7) days after any person has petitioned for reconsideration,
any other person may cross-petition for reconsideration. Idaho Code § 61-626.

ORDER NO. 35785 3
DONE by order of the Idaho Public Utilities Commission at Boise, Idaho this 18th day of
May 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_Final_md.docx