20200626Notice_of_Application_Order_No_34709.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34709 1

Office of the Secretary
Service Date
June 26, 2020
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On June 3, 2020, Rocky Mountain Power (“Company”), a division of PacifiCorp,
applied for consideration of a power purchase agreement (“PPA”) with Birch Hydro Company for
energy generated by a small hydro facility in Clark County, Idaho (“Facility”). The Facility is a
qualifying facility under the Public Utility Regulatory Policies Act of 1978 (“PURPA”).
The Commission now sets deadlines for interested persons to comment on the
Application, and for the Company to reply.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the Facility has a nameplate capacity of 2.65
megawatts. The PPA contains published non-seasonal, non-levelized avoided cost rates for a 20-
year term.
YOU ARE FURTHER NOTIFIED that the Facility has been delivering energy to the
Company in accordance with a PURPA contract dated August 21, 1984. By letter dated March 30,
2006, the Company and Birch Hydro Company agreed the existing PURPA contract will expire at
midnight on March 31, 2022.
YOU ARE FURTHER NOTIFIED that the Company requests the Application be
processed by Modified Procedure. The Company also requests the Commission declare all
payments for purchase of energy under the PPA be allowed as prudently incurred expenses for
ratemaking purposes.
YOU ARE FURTHER NOTIFIED that the Application is available for public
inspection during regular business hours at the Commission’s office. These documents are also
available on the Commission’s web site at www.puc.idaho.gov. Click on the “ELECTRIC” icon,
select “Open Cases,” and click on the case number as shown on the front of this document.
IN THE MATTER OF ROCKY MOUNTAIN
POWER’S APPLICATION FOR APPROVAL
OF A POWER PURCHASE AGREEMENT
BETWEEN PACIFICORP AND BIRCH
HYDRO COMPANY
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CASE NO. PAC-E-20-07

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 34709
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34709 2

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 §§ 61-501 to 61-503.
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 Rules 201 through 204 of the 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 or party desiring to state a position
on this Application must file a written comment in support or opposition with the Commission by
August 10, 2020. 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 Application shall be sent electronically, unless email is not available,
to the Commission and the Applicant at the email addresses reflected below:
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NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34709 3

For the Idaho Public Utilities
Commission:

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
Email: [e-mail]

Street Address for Express Mail:

11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, Idaho 83714

For Rocky Mountain Power:

Ted Weston
Rocky Mountain Power
1407 West North Temple, Suite 330
Salt Lake City, UT 84116
Email: [e-mail]
[e-mail]

Jacob A. McDermott
Rocky Mountain Power
1407 West North Temple, Suite 320
Salt Lake City, UT 84116
Email: [e-mail]

Adam Lowney
McDowell Rackner Gibson PC
419 SW 11th Ave., Suite 400
Portland, OR 97205
Email: [e-mail]

Comments should contain the case caption and case number shown on the first page of
this document. Persons desiring to submit comments via email may do so by accessing the
Commission’s home page located at www.puc.idaho.gov. Click the “Case Comment Form” under
“Consumers,” and complete the comment form using the case number as it appears on the front of
this document. These comments must also be sent to the Applicant.
YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by
August 17, 2020.
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 the Company’s Application be processed by Modified
Procedure, Rule 201-204 (IDAPA 31.01.01.201-.204). Persons interested in submitting written
comments must do so by August 10, 2020. The Company must file any reply comments by August
17, 2020.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34709 4

IT IS FURTHER ORDERED that parties should continue to comply with Order No.
34602, issued March 17, 2020. All pleadings should be filed with the Commission electronically
and shall be deemed timely filed when received by the Commission Secretary. See Rule 14.02.
Service between parties should also be accomplished electronically. Voluminous discovery-related
documents may be filed and served on CD-ROM or a USB flash drive.
DONE by order of the Idaho Public Utilities Commission at Boise, Idaho this 26th
day of June 2020.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Diane M. Hanian
Commission Secretary

I:\Legal\ELECTRIC\PAC-E-20-07\Orders\PACE2007_ntc app mod proc_mh.docx