20240103Notice_of_Application_Order_No_36052.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36052 1
Office of the Secretary
Service Date
January 3, 2024
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 BIG
WOOD CANAL COMPANY FOR THE SALE
AND PURCHASE OF ELECTRIC ENERGY
FROM THE MAGIC RESERVOIR HYDRO
PROJECT
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CASE NO. IPC-E-23-34

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 36052

On December 5, 2023, Idaho Power Company (“Company”) applied to the Idaho Public
Utilities Commission (“Commission”) for approval or rejection of an energy sales agreement
(“ESA”) with Big Wood Canal Company (“Seller”) for the energy generated by the Magic
Reservoir Hydro Project (“Facility”). The Facility has a 9.0-megawatt nameplate capacity and is a
qualifying facility (“QF”) under the Public Utility Regulatory Policies Act of 1978. The Company
requested that this matter be processed by Modified Procedure with a final order being published
before the expiration of the current contract on June 1, 2024.
The Commission now issues this Notice of Application and Notice of Modified Procedure
establishing public comment and Company reply deadlines.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED the Seller has been delivering energy from the Facility
to the Company under a firm ESA that was entered into on July 10, 1987 (“1987 ESA”). The
nameplate capacity remains unchanged from the 1987 ESA. Under the proposed ESA, the Seller
would receive capacity payments for the entire 20-year term.
YOU ARE FURTHER NOTIFIED that the Company stated that it has complied with all
legal requirements for QFs as determined by the Federal Energy Regulatory Commission and this
Commission.
YOU ARE FURTHER NOTIFIED that the Company stated that the proposed ESA can be
found in Attachment 1 to the Application.
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 7.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36052 2
YOU ARE FURTHER NOTIFIED that 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 or the Facility.
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’s office. The Application and proposed ESA 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 January 25, 2024, 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 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.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36052 3
To file by e-mail, persons must e-mail the comments to the Commission Secretary and all
parties at the e-mail addresses listed below. Persons submitting a comment by e-mail must provide
their name, address, and the Case Number under which they are commenting. Persons submitting
a comment by e-mail also acknowledge that submitting a comment in an open case constitutes a
public record under Idaho Code § 74-101(13), and all information provided by such person is
available for public and media inspection.
If computer access is unavailable, then comments may be mailed to the Commission and
the parties at the addresses below. Persons submitting a comment by mail must provide their name,
address, and the Case Number under which they are commenting. Persons submitting a comment
by mail also acknowledge that submitting a comment in an open case constitutes a public record
under Idaho Code § 74-101(13), and all information provided by such person is available for public
and media inspection.
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:

Donovan E. Walker
Megan Goicoechea Allen
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
February 1, 2024.
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 APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36052 4
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 January 25, 2024. The Company must file any
reply comments by February 1, 2024.
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 3rd day of
January 2024.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN R. HAMMOND JR., COMMISSIONER

__________________________________________
EDWARD LODGE, COMMISSIONER

ATTEST:

Monica Barrios-Sanchez
Interim Commission Secretary

I:\Legal\ELECTRIC\IPC-E-23-34_ESA Big Wood\orders\IPCE2334_Ntc_App_Mod_md.docx