20230608Final_Order_No_35810.pdf

ORDER NO. 35810 1
Office of the Secretary
Service Date
June 8, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF COMMISSION
STAFF’S APPLICATION TO ALTER THE
FILING DATE OF THE CAPACITY
DEFICIENCY CASE
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CASE NOS. GNR-E-23-01
PAC-E-17-09

ORDER NO. 35810

On April 6, 2023, Commission Staff (“Staff”) applied to the Idaho Public Utilities
Commission (“Commission”) for an order modifying the required filing date for capacity deficiency
cases filed by Idaho Power Company (“Idaho Power”), Avista Corporation dba Avista Utilities
(“Avista”), and Rocky Mountain Power (“Rocky Mountain”). Staff requested that the Commission
change the filing date to within thirty (30) days after a utility files its Integrated Resource Plan
(“IRP”).
On April 28, 2023, the Commission issued a Notice of Application and Notice of Modified
Procedure setting a May 19, 2023, initial comment deadline, and a May 26, 2023, Staff reply comment
deadline. On May 2, 2023, Avista filed a Letter of Agreement, and on May 18, 2023, Idaho Power
filed comments.
BACKGROUND
A capacity deficiency case is used to determine when new qualifying facilities (“QFs”)
begin avoiding capacity cost for a utility and are eligible to start receiving capacity payments. See
Order No. 32697. Originally, each utility was required to file its capacity deficiency date case
when a utility submitted its IRP to the Commission, and the capacity deficiency determined
through the IRP planning process would be the starting point subject to the outcome of the
proceeding. See Order No. 32697. On October 24, 2017, the Commission amended Order No.
32697 to require “that each Idaho electric utility shall submit its updated capacity deficiency filing
after the Commission has acknowledged its IRP report, rather than upon its IRP filing….” Order
No. 33917 at 4.
On June 28, 2019, Idaho Power filed its 2019 IRP in Case No. IPC-E-19-19, and
concurrently filed its capacity deficiency date case in Case No. IPC-E-19-20. On April 29, 2020,
the Commission issued Order No. 34649, requiring Idaho Power to file its first capacity deficiency
date case upon IRP acknowledgement. Order No. 34649 at 4. On April 9, 2021, Idaho Power filed
ORDER NO. 35810 2
its capacity deficiency date case, Case No. IPC-E-21-09, after acknowledgement of its Second
Amended 2019 IRP.
On July 21, 2021, Staff recommended in its Comments that a generic docket be opened to
determine the timing of the capacity deficiency date filing in relation to the timing of the IRP. On
July 28, 2021, Idaho Power stated in its reply comments that Idaho Power preferred that the
capacity deficiency date case be filed at the time of the IRP filing. On February 4, 2022, Idaho
Power filed an amended application in that case.
On March 31, 2022, Staff recommended in its Amended Comments that if the Commission
decided to re-evaluate when the capacity deficiency date case should be filed, a generic docket
should be opened because the decision may need to consider factors affecting all three Idaho
electric utilities.
On May 25, 2022, the Commission issued Order No. 35415, which required Staff to “meet
with the Companies to review and consider the factors that impact the established filing date of
the capacity deficiency date. If warranted, a docket shall be opened to seek authorization to alter
the established date.” Order No. 35415 at 11.
WORKSHOP
On February 22, 2023, Staff met with representatives from Idaho Power, Avista, and Rocky
Mountain, to consider a potential change to the timing for filing capacity deficiency date cases. At
the end of the workshop, all the participants reached a consensus that the best option was to file
each utility’s capacity deficiency case within thirty (30) days after that utility files its IRP for
acknowledgment. Participants believed that would ensure that the capacity deficiency would be
based on the most recent information identified in that utility’s IRP and would allow each utility
to incorporate any new information and data that may have changed while preparing its IRP during
that utility’s development cycle.
AVISTA LETTER OF AGREEMENT
On May 2, 2023, Avista filed a letter with the Commission agreeing with Staff’s
recommendation to change the required filing date for capacity deficiency cases.
IDAHO POWER COMMENTS
On May 18, 2023, Idaho Power filed comments fully supporting Staff’s proposal and
encouraging the Commission to approve it.

ORDER NO. 35810 3
COMMISSION FINDINGS AND DECISION
The Commission has jurisdiction over the Company’s Application and the issues in this
case under Title 61 of the Idaho Code including Idaho Code §§ 61-301 through 303. The
Commission is empowered to investigate rates, charges, rules, regulations, practices, and contracts
of all public utilities and to determine whether they are just, reasonable, preferential,
discriminatory, or in violation of any provisions of law, and to fix the same by order. Idaho Code
§§ 61-501 through 503.
The Commission has reviewed the Application, all submitted materials, and comments of
the parties. Based on its review of the record, the Commission finds it fair, just, and reasonable to
approve the Application, and to modify the required filing date for capacity deficiency cases for
Avista, Idaho Power, and Rocky Mountain to within thirty (30) days after each utility files its
respective IRP. This new filing date replaces the filing date ordered in PAC-E-17-09, Order No.
33917.
ORDER
IT IS HEREBY ORDERED that Avista, Idaho Power, and Rocky Mountain, shall each file
its capacity deficiency case within thirty (30) days of filing its respective IRP.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date upon this Order regarding any
matter decided in this Order. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. Idaho Code §§ 61-626
and 62-619.

ORDER NO. 35810 4

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 8th day of
June 2023.

ERIC ANDERSON, PRESIDENT

JOHN R. HAMMOND JR., COMMISSIONER

EDWARD LODGE, COMMISSIONER
ATTEST:

Jan Noriyuki
Commission Secretary

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