20240215Notice_of_Application_Order_No_36088.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36088 1
Office of the Secretary
Service Date
February 15, 2024
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF IDAHO POWER
COMPANY’S APPLICATION FOR
APPROVAL OF A POWER PURCHASE
AGREEMENT WITH PVS 2, LLC
)
)
)
)
)
)
)
)
)
CASE NO. IPC-E-24-01

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 36088

On January 3, 2024, Idaho Power Company (“Company”), applied for approval of a
20-year Power Purchase Agreement (“PPA”) between the Company and PVS 2, LLC (“PVS 2”).
The PPA was formed with the expectation of assigning the associated energy and Green
Tags/Environmental Attributes to Brisbie LLC (“Brisbie”) under the provisions contained in the
Special Contract, as amended, that was approved by the Commission in Order Nos. 35777 and
35958 issued in Case No. IPC-E-21-42. The Company requests that the Application be processed
by Modified Procedure with a final order approving the PPA issuing no later than July 3, 2024.
The Commission now issues this Notice of Application and Notice of Modified
Procedure.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Company and Brisbie have negotiated a
Special Contract for the Company to provide electric service to Brisbie. The Special Contract, or
Energy Services Agreement (“ESA”), was filed with the Commission for review and approval in
Case No. IPC-E-21-42.
YOU ARE FURTHER NOTIFIED that under the terms of the PPA in this Application,
PVS 2 will build, own, operate, and maintain a 125 megawatt alternating current solar photovoltaic
generation facility (“Facility”) and will supply the output to the Company’s system. Brisbie is
identified in the PPA as a third-party beneficiary receiving energy and Green Tags associated with
the Facility’s Net Output.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36088 2
YOU ARE FURTHER NOTIFIED that the PPA provides for a Scheduled Commercial
Operation Date of December 31, 2026, and a Guaranteed Commercial Operation Date, which is
180 days after the Scheduled Operation Date.
YOU ARE FURTHER NOTIFIED that the PPA contains a performance requirement
in the form of an Output Guarantee. Under the Output Guarantee, the Seller is obligated to deliver
90 percent of the Expected Energy of the Facility monthly, and the PPA allows the Seller an
adjustment of Estimated Monthly Net Output Amounts by the 25th day of the preceding month.
YOU ARE FURTHER NOTIFIED that the PPA contains provisions for operation and
control of the project including planned outages, forced outages, maintenance outages, as well as
scheduling, forecasting, generator output limit control, and metering.
YOU ARE FURTHER NOTIFIED that under the PPA, Idaho Power will receive 100
percent of the Environmental Attributes associated with the Facility, which will be claimed by
Brisbie pursuant to the ESA.
YOU ARE FURTHER NOTIFIED that the Company’s 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,” 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 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.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36088 3
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 April 3, 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 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:

YOU ARE FURTHER NOTIFIED that the Company must file any reply comments no
later than April 17, 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.
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 no later
than April 3, 2024. The Company must file any reply comments by no later than April 17, 2024.
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 Walker
Connie Aschenbrenner
Tim Tatum
Idaho Power Company
1221 West Idaho Street
P.O. Box 70
Boise, Idaho 83707
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36088 4
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 15th day
of February 2024.

ERIC ANDERSON, PRESIDENT

JOHN R. HAMMOND JR., COMMISSIONER

EDWARD LODGE, COMMISSIONER

ATTEST:

Monica Barrios-Sanchez
Commission Secretary

I:\Legal\ELECTRIC\IPC-E-24-01_PVS2\orders\IPCE2401_Ntc of App_Mod_at.docx