20230614Notice_of_Application_Order_No_35815.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35815 1

Office of the Secretary
Service Date
June 14, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF IDAHO POWER
COMPANY’S APPLICATION FOR
APPROVAL OR REJECTION OF AN
ENERGY SALES AGREEMENT WITH
AMERICAN FALLS RESERVOIR DISTRICT
NO. 2
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CASE NO. IPC-E-23-19

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35815

On May 11, 2023, Idaho Power Company (“Company”) applied to the Idaho Public
Utilities Commission (“Commission”) for approval or rejection of an energy sales agreement
(“ESA”) with American Falls Reservoir District No. 2. (“Seller”) for the energy generated by the
Deitrich Drop Hydro Project (“Facility”). The Facility is a qualifying facility (“QF”) under the
Public Utility Regulatory Policies Act of 1978 (“PURPA”). The Company requested this matter
be processed by Modified Procedure with a final order being published before the expiration of
the current contract on August 31, 2023.
The Commission now issues this Notice of Application and Notice of Modified Procedure
establishing a public comment and Company reply deadlines.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Facility is located in Lincoln County Idaho and
has a 4,770 kilowatt (“kW”) nameplate capacity. The Seller has been delivering energy from the
Facility to the Company under a firm energy sales agreement entered into on July 17, 1987 (“1987
ESA”). The nameplate capacity remains unchanged from the 1987 ESA. The new ESA has a 20-
year term with non-levelized, seasonal hydro published avoided cost rates as set in Order No.
35422. The Seller would receive capacity payments for the entire 20-year term under the ESA.
YOU ARE FURTHER NOTIFIED that the Company stated that the Facility produces at
least 55% of its annual generation in June, July, and August.
YOU ARE FURTHER NOTIFIED that the Seller informed the Company it would like the
Commission to consider changing the annual period for determining seasonal hydro be changed
so that each year’s period would start on June 1, and end on May 31 of the following year.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35815 2

YOU ARE FURTHER NOTIFIED that the proposed ESA adopts a “five-day advanced
notice for adjusting Estimated Net Energy Amounts for purposes of complying with 90/110
firmness requirements.” Application at 8.
YOU ARE FURTHER NOTIFIED the Company stated that, in compliance with Order
Nos. 35705 and 35767, the proposed ESA has updated language under Article XXIII relating to
Modifications of the ESA.1
YOU ARE FURTHER NOTIFIED that the Company requested the Commission approve
the ESA and declare all payments for the purchase of energy under the ESA be allowed as
prudently incurred expenses for ratemaking purposes.
YOU ARE FURTHER NOTIFIED that the Application and proposed ESA have been filed
with the Commission and are available for public inspection during regular business hours at the
Commission office. The Application and testimonies are also available on the Commission’s
website at www.puc.idaho.gov. Click on the “ELECTRIC” icon, select “Open Cases,” and then
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 will proceed under Modified Procedure
pursuant to Rules 201 through 204 of the Idaho Public Utilities 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 the person supports or opposes the
Application. Persons who would like a hearing must specifically request a hearing in their written
comments. Persons shall have until July 12, 2023, to file written comments. Comments must
be filed through the Commission website or by e-mail unless computer access is unavailable. To

1 The Company mistakenly referenced Order No. 35750 in its Application.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35815 3

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 customer must e-mail the comments to the e-mail addresses
listed below. In addition to submitting the comments to the Commission Secretary, the customer
must also e-mail 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 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, Suite 201-A
Boise, ID 83714

For the Company:

Megan Goicoechea Allen
Donovan E. Walker
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 Idaho Power must file any reply comments by July
19, 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 this case be processed by Modified Procedure. Persons
wishing to file written comments must do so by July 12, 2023. The Company must file any reply
comments by July 19, 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
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35815 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 14th day of
June 2023.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN R. HAMMOND JR., COMMISSIONER

__________________________________________
EDWARD LODGE, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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