20230810Notice_of_Supplemental_Comment_Deadlines_Order_No_35887.pdf

NOTICE OF SUPPLEMENTAL COMMENT DEADLINES
ORDER NO. 35887 1

Office of the Secretary
Service Date
August 10, 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
SUPPLEMENTAL COMMENT
DEADLINES

ORDER NO. 35887

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 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 under the Public Utility Regulatory
Policies Act of 1978. 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.
On June 14, 2023, the Commission issued a Notice of Application and Notice of Modified
Procedure establishing public comment and Company reply deadlines. Order No. 35815. Staff
filed comments and the Company filed a reply.1
On July 28, 2023, after the record closed, the Company filed a Motion and Supplemental
Comments (“Motion”) upon being informed that the Facility’s maximum nameplate capacity was
higher than originally listed.
At the Commission’s August 8, 2023, Decision Meeting, Staff presented the Company’s
Motion and recommended the Commission set supplemental comment deadlines to allow parties
and the public additional opportunity to comment on the case.
The Commission now issues this Notice of Supplemental Comment Deadlines establishing
supplemental public and reply comment deadlines.
NOTICE OF SUPPLEMENTAL COMMENT DEADLINES
YOU ARE HEREBY NOTIFIED that persons desiring to supplement their position on this
Application based on the information contained in the Company’s Supplemental Comments may
file a written comment explaining their position. Persons shall have until August 15, 2023, to

1 On May 15, 2023, Sorenson Engineering, Inc, and Idaho Hydroelectric Power Producers Trust jointly filed a public
comment supporting the Application.
NOTICE OF SUPPLEMENTAL COMMENT DEADLINES
ORDER NO. 35887 2

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. 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 Idaho Power 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 the Company and the Seller shall have until
August 17, 2023, to file any supplemental reply comments.
YOU ARE FURTHER NOTIFIED that the Commission finds that providing the
supplemental comment dates specified within this order is within the public interest. The
supplemental comment dates allow the public to weigh in on this unexpected development while
also allowing time for an order to be issued in this case before the original energy sales agreement
expires. Accordingly, the Commission finds that the new supplemental comment dates are
practical and necessary under Rule 13. IDAPA 31.01.01.13
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.

NOTICE OF SUPPLEMENTAL COMMENT DEADLINES
ORDER NO. 35887 3

O R D E R
IT IS HEREBY ORDERED Persons wishing to file supplemental written comments must
do so by August 15, 2023. The Company and the Seller shall have until August 17, 2023, to file
any supplemental reply comments.
THIS IS AN INTERLOCUTORY ORDER, not a final and appealable Order of the
Commission. The period of reconsideration will not begin until the final Order is issued.
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.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 10th day of
August 2023.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN R. HAMMOND JR., COMMISSIONER

__________________________________________
EDWARD LODGE, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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