20230808Decision Memo.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: MICHAEL DUVAL
DEPUTY ATTORNEY GENERAL

DATE: AUGUST 8, 2023

SUBJECT: 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; CASE NO.
IPC-E-23-19.

On May 12, 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 has a 4,770 kilowatt nameplate capacity and is a qualifying
facility (“QF”) under the Public Utility Regulatory Policies Act of 1978. The Company requested
that a final order be published before the expiration of the current contract on August 31, 2023.
On May 15, 2023, Sorenson Engineering, Inc., and Idaho Hydroelectric Power Producers
Trust jointly filed a public comment encouraging the Commission to adopt a different 12-month
timeframe associated with the 55% summer generation requirement for seasonal hydro rates.
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 on July 12, 2023, and the Company filed a reply on July 19, 2023.
No other comments were received.
On July 28, 2023, prior to the Commission issuing a final order in this case, the Company
filed a Motion and Supplemental Comments informing Staff and the Commission that the
Facility’s maximum nameplate capacity was higher than originally listed.

DECISION MEMORANDUM 2
STAFF RECOMMENDATION
To ensure Staff and the public have adequate time to review and comment on the additional
information provided in the Company’s Motion and Supplemental Comments, Staff recommends
the Commission issue a Notice of Supplemental Comment Deadlines establishing an August 15,
2023, public comment deadline and an August 17, 2023, Company and Seller reply deadline.
COMMISSION DECISION
Does the Commission wish to issue a Notice of Supplemental Comment Deadlines
establishing an August 15, 2023, public comment deadline and an August 17, 2023, Company and
Seller reply deadline?

_____________________________
Michael Duval
Deputy Attorney General

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