20150512notice_of_application_order_no_33301.pdf

Office of the Secretary
Service Date
May 12.2015
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF PACIFICORP’S )CASE NO.PAC-E-15-06
APPLICATION TO APPROVE POWER )
PURCHASE AGREEMENT WITH )NOTICE OF APPLICATION
BRIGHAM YOUNG UNIVERSITY -IDAHO )
)NOTICE OF
)MODIFIED PROCEDURE
)
______________________________
)ORDER NO.33301
On May 1,2015,PaciflCorp dba Rocky Mountain Power (the Company)filed an
Application asking the Commission to approve its Power Purchase Agreement with Brigham
Young University —Idaho (BYU-Idaho).Under the Agreement,BYU-Idaho would sell and the
Company would purchase,electric power generated by BYU’s gas/oil fueled generating facility
(Facility)in Rexburg,Idaho.The Company requested that the Commission process the
Application under Modified Procedure,Rules 202-204 (IDAPA 31.01.01 .202-.204).
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that about April 23,2015.the Company entered
into a Power Purchase Agreement (PPA)with BYU-Idaho pursuant to the terms and conditions
of various Commission Orders,and under the federal Public Utility Regulatory Policies Act
(PURPA).Application at 2,citing,Order Nos.32697,32737,32802.Under PURPA,electric
utilities must purchase electric power from “qualifying facilities”(QFs)at rates approved by the
applicable state regulatory agency —in Idaho,this Commission.16 U.S.C.§824a-3;Idaho
Power v.Idaho PUC,155 Idaho 780,789,316 P.3d 1278,1287 (2013).The purchase or
avoided cost”rate shall not exceed the “incremental cost”to the utility,defined as the cost of
energy which,“but for the purchase from [the QFJ,such utility would generate or purchase from
another source.”16 U.S.C.§824a-3(d);18 C.F.R.§292.10 1(6)(defining “avoided cost”).
YOU ARE FURTHER NOTIFIED that the Company states that the BYU-Idaho
facility is a co-generation QF under PURPA and has a nameplate rating of 5.6 MW.Application
at 1-3.
YOU ARE FURTHER NOTIFIED that “[u]nder the terms of the Agreement.[BYU
Idaho]elected to contract with the Company for a two-year term from the commercial operation
NOTICE OF APPLICATION
NOTICE OF MODIFTED PROCEDURE
ORDER NO.33301 1
date of the Facility.”Id.at 3.The Company will pay non-levelized rates for the power provided
by BYU-Idaho.Id.
YOU ARE FURTHER NOTIFIED that the PPA provides that it will not become
effective “until the Commission has approved it and determined that the prices to be paid for
energy and capacity are just and reasonable,in the public interest,and that the costs incurred by
[the Company]for purchasing capacity and energy from [BYU-Idaho]are legitimate expenses.”
Id.
YOU ARE FURTHER NOTIFIED that the PPA includes provisions regarding the
curtailment or disconnection of BYU-Idaho’s facility from PacifiCorp’s system.The Company
asserts that BYU-Idaho is aware of these provisions and has accepted them.Id.at 4.
YOU ARE FURTHER NOTIFIED that the Application and Agreement have been
filed with the Commission and are available for public inspection during regular business hours
at the Commission offices.The Application and attachments are also available on the
Commission’s web site at www.puc.idaho.gov.Click on the “File Room”tab at the top of the
page,scroll down to “Electric Cases,”and then click on the case number as shown on the front of
this document.
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 Commissions Rules
of Procedure,IDAPA 31.01.01.201 through .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 any person desiring to state a position on this
Application may file a written comment in support or opposition with the Commission within
twenty-one (21)days from the date of this Notice.The comment must contain a statement of
reasons supporting the comment.Persons desiring a hearing must specifically request a hearing
in their written comments.Written comments concerning this case shall be mailed to the
Commission and the Applicant at the addresses reflected below:
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDERNO.33301 2
Commission Secretary Ted Weston
Idaho Public Utilities Commission Rocky Mountain Power
P0 Box 83720 201 S.Main,Suite 2300
Boise,ID 83720-0074 Salt Lake City,UT 84111
E-Mail:ted.westonpacificorp.com
Street Address for Express Mail:
Yvonne R.Hogle
472 W.Washington St.Assistant General Counsel
Boise,ID 83702-59 18 201 S.Main,Suite 2300
Salt Lake City,UT 84111
E-Mail:yyonne.hogle(Z),pacificorp.com
These comments should contain the case caption and case number shown on the first page of this
document.Persons desiring to submit comments via e-mail may do so by accessing the
Commission’s home page located at www.puc.idaho.gov.Click the “Case Comment or Question
Form”under the “Consumers”tab,and complete the form using the case number as it appears on
the front of this document.These comments must also be sent to the Company at the e-mail
addresses listed above.
YOU ARE FURTHER NOTIFIED that the Company may file reply comments,if
necessary,no later than June 11,2015.
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.
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,and specifically
Idaho Code §61-502 and 61-503.The Commission may enter any final Order consistent with
its authority under Title 61 and PURPA.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commissions Rules of Procedure,IDAPA 31.01.01.000 et seq.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDERNO.33301 3
ORDER
IT IS HEREBY ORDERED that the Company’s Application be processed under
Modified Procedure,Rules 201-204 (IDAPA 31.01.01.201-.204).Persons interested in
submitting written comments must do so within 21 days of the date of this Order.The Company
may file a reply no later than June 11,2015.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of May 2015.
PAUeSIDEN
MACK A.REDFORD,C MMISSIONER
tL WA
KR INE RAPER,COMMISSIONER
ATTEST:
J4n D.Jewell (JCmmissionSecretary
O:PA&E I 5-06db
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.33301 4