20170725notice_of_application_order_no_33818.pdf

Office of the Secretary
Service Date
July 25,2017
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )CASE NO.PAC-E-17-08
FOR APPROVAL OF A POWER PURCHASE )
AGREEMENT BETWEEN PACIFICORP )NOTICE OF APPLICATION
DBA ROCKY MOUNTAIN POWER AND )
BRIGHAM YOUNG UNIVERSITY -IDAHO )NOTICE OF
)MODIFIED PROCEDURE
)
___________________________
)ORDER NO.33818
On July 12,2017,PacifiCorp dba Rocky Mountain Power (the Company)filed an
Application asking the Commission to approve its renewed Power Purchase Agreement (PPA)
with Brigham Young University —Idaho (BYUI).Under the PPA,BYUI would sell,and the
Company would purchase,electric energy generated from BYUI’s gas/oil fueled generating
facility in Rexburg,Idaho.The Company requested that the Application be processed by
Modified Procedure,Rules 202-204 (IDAPA 31 MI .01 .202-,204).
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that on June 29,2017.the Company and BYUI
entered into a renewed PPA under the terms of various Commission Orders and the federal
Public Utility Regulatory Policies Act (PURPA).Application at 2,citing,Order Nos.32697,
32737.32802.The Commission approved the initial PPA between the Company and BYUI in
.June 201 5,by Order No.33317.Application at 2.The initial PPA is scheduled to terminate
September 27,2017.Id.
YOU ARE FURTHER NOTIFIED that 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 QF],such utility would generate or purchase from another source.”
16 U.S.C.§824a-3(d);18 C.F.R.§292.101(6)(defining “avoided cost”).
YOU ARE FURTHER NOTIFIED that the Company states that the BYUI facility is
a QF under PURPA and has a nameplate rating of 5,600 kilowatts (kW),or 5.6 megawatts
(MW).Application at 1-2.
NOTICE OF APPLICATION
NOTICE OF MODIF lEE)PROCEDURE
ORDERNO,33818 1
YOU ARE FURTHER NOTIFIED that BYUI “elected to renew its QF PPA with the
Company for a twenty-year term.”Id.at 4.The Company will pay BYUI “non-levelized,
Conforming Energy or Non-conforming Energy Purchase Prices for Net Output adjusted for the
month and On-Peak Hours or Off-Peak Hours.”Id.The Company and BYUI agree that “should
the Facility exceed 5.6 [average megawatts (aMW)]on a monthly basis,[the Company]will
accept the energy (“Inadvertent Energy”)that does not exceed the Maximum [Generator
Interconnection Agreement]Delivery Rate,but will not purchase or pay for the Inadvertent
Energy.”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 [BYUI]are legitimate expenses.”Id.
YOU ARE FURTHER NOTIFIED that the PPA includes provisions regarding the
curtailment or disconnection of BYUI’s facility from the Company’s system.The Company
asserts that BYUI knows of these provisions and has accepted them.Id.at 5.
YOU ARE FURTHER NOTIFIED that the Application and a copy of the renewal
PPA 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 under “File Room”and then “Electric
Cases”and listed under the Case Number as it appears on the first page of this Notice.
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,Rules 201 through 204 of the Idaho Public Utilities Commission’s 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 21
days from the service date of this Order.The comment must contain a statement of reasons
supporting the comment.Persons desiring a hearing must specifically request a hearing in their
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDERNO.33818 2
written comments.Written comments about this case shall be mailed to the Commission and the
Applicant at the addresses reflected below:
Commission Secretary Ted Weston
Idaho Public Utilities Commission Rocky Mountain Power
P0 Box 83720 1407 West North Temple,Suite 330
Boise,ID 83 720-0074 Salt Lake City,UT 84116
E-Mail:ted.weston(dpacificorp.com
Street Address for Express Mail:
Daniel E.Solander,Senior Counsel
472 W.Washington St.Rocky Mountain Power
Boise,ID 83702-5918 1407 West North Temple,Suite 320
Salt Lake City,UT 84116
E-Mail:daniel.solander(dpacificorp.com
These comments should contain the case caption and case number 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 at www.puc.idaho.gov.Click the “Case Comment or Question Form”
under the “Consumers”tab,and complete the form using the case number 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 28 days from 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.
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 under the Commission’s Rules of Procedure,IDAPA 3 1.01.01.000 et seq.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDERNO.33818
ORDER
IT IS HEREBY ORDERED that the Company’s Application be processed under
Modified Procedure,Rules 201-204 (IDAPA 31.0l.O1,201-.204).Persons interested in
submitting written comments must do so within 21 days of the service date of this Order.The
Company may file a reply within 28 days from the service date of this Order.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this 2S ÷ ‘
day of July 2017.
ATTEST:
Diane M.Hanian
Commission Secretary
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NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDERNO.33818
ERIC ANDERSON,COMMISSIONER
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