20231023Notice_of_Application_Order_No_35965.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35965 1
Office of the Secretary
Service Date
October 23, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF IDAHO POWER
COMPANY’S APPLICATION FOR
APPROVAL OF A THIRD AMENDMENT TO
THE ENERGY SALES AGREEMENT WITH
THE HAZELTON A HYDRO PROJECT
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CASE NO. IPC-E-23-22

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35965

On September 22, 2023, Idaho Power Company (“Company”), applied for approval of a
third amendment (“Third Amendment”) to its energy sales agreement (“ESA”) with North Side
Energy Company (“Seller”) for energy generated by the Hazelton A Hydro Project (“Facility”).
The Third Amendment revises the energy sales agreement to: (1) correct discrepancies in the
nameplate capacity of the Facility’s generating units; (2) delete obsolete language about the
Facility location; (3) harmonize language about the Facility’s maximum capacity with the
generator interconnection agreement; and (4) reconcile Article XXIII: Modification with
Commission approved language. The Company requests processing of this matter via modified
procedure.
The Idaho Public Utilities Commission (“Commission”) now provides this Notice of
Application and establishes comment deadlines for interested persons and the Company’s reply.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Company represents that it has had an ESA for
the purchase and sale of energy from the Hazelton A Hydro Project since 2010.
YOU ARE FURTHER NOTIFIED that the Company represents that the ESA has
previously been amended twice since its formation.
YOU ARE FURTHER NOTIFIED that the Company represents that it recently became
aware of discrepancies in the nameplate capacity of the Facility’s generating units. Specifically,
the nameplate capacity listed in the ESA for each of the Facility’s generating units does not match
that listed on the nameplate attached to the units. Furthermore, the Facility’s maximum capacity
listed in the ESA does not match the total project output agreed to in the Generator Interconnection
Agreement for the project.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35965 2
YOU ARE FURTHER NOTIFIED that the Company represents that the generating units
have not been modified or overhauled since installation and the discrepancies likely arise from the
replacement of the manufacturer’s nameplates by a prior owner to correct errors in those original
nameplates.
YOU ARE FURTHER NOTIFIED that the Company represents that it intends to operate
the Facility according to the total project output contained in the Generator Interconnection
Agreement—7.7 megawatts.
YOU ARE FURTHER NOTIFIED that the Company represents that the Commission has
indicated in prior cases that Article XXIII – Modification of the ESA should be revised to address
modifications to the Facility. Specifically, these proposed revisions should ensure that the Facility
operates under a correct and accurate contract describing the Facility and the rates paid by
customers when modifications to the facility occur.
YOU ARE FURTHER NOTIFIED that the Company represents that the parties to the ESA
wish to amend it a third time to reconcile the discrepancies in the nameplate capacity of the
Facility’s generating units, remove superfluous language related to the Facility’s location,
harmonize the maximum facility capacity listed in the ESA with the total project output contained
in the Generator Interconnection Agreement, and revise Article XXIII using language proposed
by the Commission
YOU ARE FURTHER NOTIFIED that the Company represents that the proposed
revisions will not impact conditions, rates, or other terms of the ESA.
YOU ARE FURTHER NOTIFIED that the Application and Attachments 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 APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35965 3
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 it will review the case through written
submissions under the Commission’s Rules of Modified Procedure Rules 201-204 of the Idaho
Public Utilities Commission’s Rules of Procedure, IDAPA 31.01.01.201-204. 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 November 7, 2023, to file written comments. Comments must be filed
through the Commission’s website or by e-mail unless computer access is unavailable. To
comment electronically, please access the Commission’s website 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 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:

For the Idaho PUC:

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:

Donovan E. Walker
Megan Goicoechea Allen
IPC Dockets
1221 West Idaho Street (83702)
P.O. Box 70
Boise, ID 83707
[e-mail]
[e-mail]
[e-mail]

Energy Contracts
Idaho Power Company
1221 Idaho Street (83702)
P.O. Box 70
Boise, ID 83707
[e-mail]

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35965 4
YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by
November 14, 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, Rules 201-204. Persons interested in submitting written comments must do so by
November 7, 2023. The Company must file any reply comments by November 14, 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.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 23rd day of
October 2023.

ERIC ANDERSON, PRESIDENT

JOHN R. HAMMOND JR., COMMISSIONER

EDWARD LODGE, COMMISSIONER
ATTEST:

Jan Noriyuki
Commission Secretary
I:\Legal\ELECTRIC\IPC-E-23-22_Hazelton\orders\IPCE2322_Ntc of App_Mod_at.docx