19990921Notice of Modified Procedure.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF IDAHO POWER COMPANY FOR CANCELLATION OF POWER SALES AGREEMENT. )
)
)
)
)
)
)
)
)
)
CASE NO. IPC-E-99-8

NOTICE OF APPLICATION

NOTICE OF MODIFIED PROCEDURE

NOTICE OF COMMENT/ PROTEST DEADLINE

YOU ARE HEREBY NOTIFIED that on August 17, 1999, Idaho Power Company (Idaho Power; Company) filed an Application with the Idaho Public Utilities Commission (Commission) requesting Commission approval of the proposed cancellation of an existing Power Sales Agreement between Idaho Power and Y-8 Hydro. Reference Application Exhibit 2—Cancellation Agreement.
The Y-8 hydro project is a qualified small power production facility under the Public Utility Regulatory Policies Act of 1978 (PURPA). The facility is located in the Southwest Quarter of the Northwest Quarter of Section 28, Township 10 South, Range 21 East, Boise Meridian, Jerome County, Idaho. Pursuant to initial agreement, Y-8 Hydro was to provide Idaho Power with 80 KW of annual contract capacity and 560,682 kilowatt hours of annual energy. The project has since been derated to 20 KW and pursuant to contract restructuring is paid only for energy delivered. The revised annual estimated generation is 175,000 kWh. There is no minimum generation requirement.
The underlying Power Sales Agreement dated April 20, 1983, between Idaho Power and the Northside Canal Company was approved by Commission Order No. 15746 and is for a 35-year term expiring in June 2018. Subsequent to contract approval, Northside Canal Company entered into a general partnership with Y-8 Power Company. The general partnership is named Y-8 Hydro. The Power Sales Agreement was assigned to Y-8 Hydro. The Y-8 Power Company is a wholly-owned subsidiary of IdaWest Energy Company and owns less than 50% of Y-8 Hydro. IdaWest Energy Company and Idaho Power are both wholly-owned subsidiaries of Ida Corp Inc.
As reflected in the Application, Y-8 Hydro contacted Idaho Power regarding the potential for a cancellation or buy-out of the Power Sales Agreement. The Y-8 Hydro project has reportedly experienced periodic maintenance and operating problems during the term of the Agreement. Y-8 Hydro indicates that with an investment of approximately $5,000 the project could be returned to full operational level and operate reliably for the remaining life of the contract. Because of its small size and relatively remote location, however, Y-8 Hydro has indicated that it prefers to divest itself of the project.
Energy purchase prices under the Power Sales Agreement, Idaho Power contends, are approximately 64 mills per kWh. Idaho Power estimates that if the project is repaired and generates at the stated project capability for the remaining term of the Agreement, Idaho Power will pay approximately $107,900 net present value (NPV) for the energy output of the project. Market prices at the mid-C hub, the Company contends averaged 21.32 mills per kWh in 1998. Escalating this average price at 3% per year for the remaining life of the Power Sales Agreement, the Company contends, would result in an NPV of approximately $45,500 market value for the output of the project.
The underlying Power Sales Agreement provides that if the Power Sales Agreement is terminated in 1999, prior to completion of the full 35-year term, Y-8 Hydro would be obligated to pay Idaho Power an early termination payment of approximately $23,000. Y-8 Hydro has indicated that if Idaho Power insists on receiving a termination payment of $23,000 as a condition of cancellation, it will transfer the project to third party who will invest the $5,000 needed to repair the project and who will, in all likelihood, continue to operate the project at full capacity for the balance of the term or the Power Sales Agreement.
Recognizing that the cancellation of the Power Sales Agreement in 1999 is likely to result in cost savings to ratepayers, Idaho Power has agreed to accept a cancellation payment of $2,500, i.e., 50% of the cost of repairing the project from Y-8 Hydro. Idaho Power requests that the Commission approve the tendered Cancellation Agreement and requests that the matter be processed pursuant to Modified Procedure, i.e., by written submission rather than by hearing. Reference Commission Rules of Procedure, IDAPA 31.01.01.203. The Company contends that a Minute Entry rather than a formal Order approving the Cancellation Agreement would be sufficient for accounting and ratemaking purposes. Pursuant to the Cancellation Agreement, the Power Sales Agreement will be cancelled effective as of the date of Commission approval. Y-8 Hydro agrees for itself, its successors and assigns that following cancellation of the Power Sales Agreement, any future purchase by Idaho Power of electricity generated by the project, or any new, modified, or successor electric generating project utilizing the project’s generating equipment or located at the site of the project, will be at mutually agreeable rates.
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filings of record in Case No. IPC-E-99-8, the underlying Power Sales Agreement and the Commission’s Order No. 15746 approving same. The Commission has preliminarily determined that the public interest may not require a hearing to consider the issues presented and that the issues raised by the Application may be processed under Modified Procedure, i.e., by written submission rather than by hearing. Reference Commission Rules of Procedure, IDAPA 31.01.01.201-204.
YOU ARE FURTHER NOTIFIED that the Commission may not hold a hearing in this proceeding unless it receives written protests or comments opposing the use of Modified Procedure and stating why Modified Procedure should not be used. Reference IDAPA 31.01.01.203.
YOU ARE FURTHER NOTIFIED that the deadline for filing written comments or protests with respect to the Application and the Commission’s use of Modified Procedure in Case No. IPC-E-99-8 is Wednesday, October 13, 1999. Persons desiring a hearing must specifically request a hearing in their written protests or comments.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the deadline, the Commission will consider the matter on its merits and enter its Order without a formal hearing. If comments or protests are filed within the deadline, the Commission will consider them and in its discretion may set the matter for hearing or may decide the matter and issue its Order on the basis of the written positions before it. Reference IDAPA 31.01.01.204.
YOU ARE FURTHER NOTIFIED that written comments concerning Case No. IPCE-99-8 should be mailed to the Commission, the Company at the addresses reflected below.
COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
Street Address for Express Mail:
472 W WASHINGTON ST
BOISE, ID 83702-5983 BARTON L. KLINE
IDAHO POWER COMPANY
PO BOX 70
BOISE, ID 83707

Street Address for Express Mail
1221 W IDAHO STREET
BOISE, ID 83702 All comments should contain the case caption and case number shown on the first page of this document.
YOU ARE FURTHER NOTIFIED that the Application in Case No. IPC-E-99-8 can be reviewed at the Commission’s office and at the Administrative Offices of Idaho Power Company during regular business hours.
DATED at Boise, Idaho this day of September 1999.

Myrna J. Walters
Commission Secretary

vld/N:IPC-E-W-99-8_sw

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF COMMENT/ PROTEST DEADLINE 1

Office of the Secretary
Service Date
September 21, 1999