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HomeMy WebLinkAbout20230912Final_Order_No_35919.pdfORDER NO. 35919 1 Office of the Secretary Service Date September 12, 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 ) ) ) ) ) ) CASE NO. IPC-E-23-15 ORDER NO. 35919 On April 28, 2023, Idaho Power Company (“Company”) applied to the Idaho Public Utilities Commission (“Commission”) requesting approval of the First Amendment (“First Amendment”) to its Energy Sales Agreement (“ESA”) with CAFCo Idaho Refuse Management LLC Idaho (“Application”). The First Amendment proposed to update several key descriptions of the Southern Idaho Regional Solid Waste District Landfill Gas to Energy Project (“Facility”). On July 25, 2023, the Commission issued Order No. 35861 approving the Company’s Application, but directing the Company to make a compliance filing with certain adjustments to the ESA to better comply with Commission requirements. On August 8, 2023, the Company submitted a Compliance Filing and attached an updated proposed ESA (“Second Amendment”); the Company asserted that it had complied with Order No. 35861. At the Commission’s August 15, 2023, Decision Meeting, Staff presented a Decision Memorandum which noted that Staff had reviewed the Company’s Compliance Filing and recommended the Commission approve the Second Amendment as updated by the Company. COMMISSION FINDINGS AND DECISION The Commission has jurisdiction over this matter under Idaho Code §§ 61-501, -502, and- 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 -503. After reviewing the Company’s August 8, 2023, compliance filing, and Staff’s August 15, 2023, recommendation, we approve the Company’s updated ESA, as filed. The Company’s Compliance Filing accurately addressed the issues required by Order No. 35861. ORDER NO. 35919 2 ORDER IT IS HEREBY ORDERED that the Company’s Compliance Filing is accepted, as filed, effective as of August 8, 2023. 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. DONE by order of the Idaho Public Utilities Commission at Boise, Idaho this 12th day of September 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_CompOrd_md.docx