20230413Comments.pdf

MICHAEL DUVAL ED
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION .L 31 2:33
PO BOX 83720
BOISE,IDAHO 83720-0074
[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-23-04
APPROVAL OF A SECOND AMENDMENT )
OF THE ENERGY SALES AGREEMENT FOR )THE SALE AND PURCHASE OF ELECTRIC )COMMENTS OF THE
ENERGY FROM THE TROUT-CO HYDRO )COMMISSION STAFF
PROJECT )
STAFF OF the Idaho Public Utilities Commission,by and through its Attorneyof
record,Michael Duval,Deputy AttorneyGeneral,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 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
STAFF COMMENTS 1 APRIL 13,2023
Regulatory Policies Act of 1978 ("PURPA").(The Company,Branchflower and Von Alan are
referred to collectivelyas the "Parties").
The Company states 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 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.
STAFF ANALYSIS
Staff reviewed the proposed Second Amendment and recommends the Commission
approve it.The Second Amendment only changes the Seller's name from Branchflower to Von
Alan Industries 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 Duval
Deputy Attorney General
Technical Staff:Yao Yin
i:umisc/comments/ipce23.4mdyy 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-23-04,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]
[e-mail]
[e-mail]
MICHAEL BRANCHFLOWER CARY SHAFFER
TROUT-CO HYDRO PROJECT MICHAEL SHAFFER
1991 S DOE CREEK WAY VON ALAN INDUSTRIES LLC
BOISE ID 83709 200 HWY 30
E-MAIL:mebranchflower hotmail.com BLISS ID 83314
E-MAIL:[e-mail]
[e-mail]
SECRE Y
CERTIFICATE OF SERVICE