20240226Notice_of_Application_Order_No_36100.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36100 1

Office of the Secretary
Service Date
February 26, 2024
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF IDAHO POWER
COMPANY’S APPLICATION FOR
APPROVAL OF A THIRD AMENDMENT TO
AN EXISTING ENERGY SALES
AGREEMENT AND REPLACEMENT
ENERGY SALES AGREEMENT
REGARDING THE BARBER DAM HYDRO
PROJECT
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CASE NO. IPC-E-24-06

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 36100

On January 26, 2024, Idaho Power Company (“Company”) applied for approval of a Third
Amendment to an existing energy sales agreement (“1987 ESA”) with Fulcrum, LLC (“Fulcrum”)
for energy generated by the Barber Dam Hydroelectric Project (“Facility”) as well as the approval
of a replacement ESA (“Replacement ESA”) with the Barber Pool Hydro, LLC (“BPH”)
(“Application”). The Company asked to amend the 1987 ESA to correct the nameplate ratings1
and to update BPH as the seller while concurrently seeking approval of a Replacement ESA. The
Facility has a 3.7-megawatt nameplate capacity and is a qualifying facility under the Public Utility
Regulatory Policies Act of 1978. The Company requested that the Commission approve the Third
Amendment and the Replacement ESA be issued before the 1987 ESA expires on April 10, 2024.
The Commission now issues this Notice of Application and Notice of Modified Procedure
establishing public comment and Company reply deadlines.
BACKGROUND
The Company and Interwest Hydro, Inc. entered into the 1987 ESA on July 13, 1987. After
being transferred to several different entities, Interwest Hydro, Inc.’s interest was eventually
transferred to Fulcrum on April 2, 2015.
The 1987 ESA was first amended in 1988 to add security provisions for the seller. It was
further amended in 1999 to include additional security provisions related to overpayment liability.
The Company, Fulcrum, and BPH (collectively “the Parties”) entered a Consent,
Assignment, and Assumption Agreement on December 23, 2023. Per this agreement, Fulcrum

1 The Third Amendment would correct Paragraph B-1 of the 1987 ESA which errantly lists the Facility as containing
two-2,100 kilowatt generators opposed to the actual nameplate rating of the two generators being 1,850 kilowatts
each.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36100 2

intends to transfer its interest in the Facility to BPH which will continue to deliver energy to the
Company until the 1987 ESA expires on April 10, 2024. When the 1987 ESA expires the Company
and BPH intend to proceed under the Replacement ESA that the Parties seek to have issued
subsequently.
While preparing the Replacement ESA, the Parties discovered an error necessitating the
Third Amendment—the contents of which are discussed above.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Company stated that the Third Amendment will
update the description of the Facility as well as change the name of the seller to BPH. The
Company stated that the Third Amendment should not impact the Facility’s eligibility to receive
published rates. A copy of the Third Amendment is found in Attachment 2 of the Application.
YOU ARE FURTHER NOTIFIED that the proposed Replacement ESA has a 20-year term
with non-levelized, non-seasonal hydro published avoided cost rates.
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 10.
YOU ARE FURTHER NOTIFIED the Company stated that, in compliance with Order
Nos. 35705 and 35767, the proposed ESA has updated Article XXIII relating to Modifications of
the ESA.
YOU ARE FURTHER NOTIFIED that the Company requested the Commission approve
the ESA and declare all payments for the purchase of energy and capacity under the ESA be
allowed as prudently incurred expenses for ratemaking purposes.
YOU ARE FURTHER NOTIFIED that the Application and attachments have been filed
with the Commission and are available for public inspection during regular business hours at the
Commission’s office. The Application and attached materials 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.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36100 3

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 that it will proceed under Modified
Procedure pursuant to the Commission’s Rules of Procedure 201-204, 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 the person supports or opposes the
Application. Persons who would like a hearing must specifically request a hearing in their written
comments and explain why written comments alone are insufficient. Persons interested in filing
written comments must do so within 21 days of the service date upon this Order. 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
http://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, 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.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36100 4

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 the Parties must file any reply comments within
28 days of the service date of this Order.
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 this case be processed by Modified Procedure. Persons
interested in submitting written comments, including the Company, must do so within 21 days of
the service date of this Order. The Parties must file any reply comments within 28 days of the
service date of this Order.
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.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 36100 5

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 26th day of
February 2024.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN R. HAMMOND JR., COMMISSIONER

__________________________________________
EDWARD LODGE, COMMISSIONER

ATTEST:

Monica Barrios-Sanchez
Commission Secretary

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