20230531Notice_of_Application_Order_No_35805.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35805 1
Office of the Secretary
Service Date
May 31, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF IDAHO POWER
COMPANY’S APPLICATION FOR
APPROVAL OF A FIRST AMENDMENT
TO THE ENERGY SALES AGREEMENT
WITH THE SISW LFGE PROJECT
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CASE NO. IPC-E-23-15

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35805

On April 28, 2023, Idaho Power Company (“Company”) applied to the Commission
requesting approval of the First Amendment (“Amendment”) to its Energy Sales Agreement
(“ESA”) with CAFCo Idaho Refuse Management LLC Idaho (“CAFCo”) (“Application”). The
Amendment requested to update several key descriptions of the Southern Idaho Regional Solid
Waste District Landfill Gas to Energy Project (“Facility”)—including the Facility’s nameplate
capacity. The Company asked that its Application be processed by Modified Procedure.
The Commission now issues this Notice of Application and Notice of Modified Procedure
establishing comment deadlines for interested persons and for the Company and CAFCo (jointly,
“Parties”) to reply.
BACKGROUND
On June 1, 2017, the Commission approved the Parties’ ESA whereby the Company agreed
to purchase electric energy generated by CAFCo’s Facility near Burley, Idaho. The Facility had
an initial Maximum Capacity of five megawatts (“MW”).
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Company stated:
[T]he Project shall initially consist of a 2.6 MW generation unit with the ability to add a
subsequent 2.4 MW generation unit, up to a total Facility capacity of 5 MW, within sixty
(60) months of the Operation Date that would be subject to the conditions, rates, and
remaining term of the ESA.
Application at 2.
YOU ARE FURTHER NOTIFIED that the Company represented that the Facility as built
deviated from the description above in the ESA. The Facility consisted of two 1.307 MW
generation unites, instead of a single 2.6 MW unit and installation of an additional 1.307 MW
generation unite instead of a 2.4 MW generation unit. Accordingly, the “Total Nameplate Capacity
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35805 2
for the Project will be 3.921 MW instead of 5 MW.” Id. The Parties requested Commission
approval for this proposed Amendment to the ESA updating the Maximum Capacity of the
Facility.
YOU ARE FURTHER NOTIFIED that the Company stated that the proposed change does
not affect rates or other portions of the ESA.
YOU ARE FURTHER NOTIFIED that the Application and the Amendment 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 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. 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 shall have until June 20, 2023, to file written comments. Comments must be
filed through the Commission website or by e-mail unless computer access is unavailable. To
comment electronically, please access the Commission’s home page at 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, the commenter 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:

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35805 3
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 by June
27, 2023.
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. Persons interested in submitting written comments must do so by June 20, 2023. The
Parties must file any reply comments by June 27, 2023.
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
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.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35805 4
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 31st 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-23-15 SISW\orders\IPCE2315_Ntc_App_Mod_md.docx