20200901Notice_of_Amended_Application_Order_No_34768.pdf

NOTICE OF AMENDED APPLICATION
NOTICE OF COMMENT DEADLINE

ORDER NO. 34768 1

Office of the Secretary
Service Date
September 1, 2020
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On June 3, 2020, Rocky Mountain Power (“Company”), a division of PacifiCorp, asked
the Commission to approve or reject 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”) and has a nameplate capacity of 2.65 megawatts.
On June 26, 2020, the Commission issued a Notice of Application and Modified
Procedure, setting an August 10, 2020 comment deadline and an August 17, 2020 reply comment
deadline.
Commission Staff filed timely written comments, recommending several amendments
to the PPA. Staff recommended the Commission approve an amended PPA that includes Staff’s
recommended updates.
The Company filed timely reply comments and accepted all of Staff’s
recommendations. The Company stated that the “Company and the Seller will work expeditiously
to file an updated contract and exhibits incorporating Commission Staff’s comments as soon as
possible.” Company Reply Comments at 3.
At the Commission’s August 25, 2020 decision meeting, Staff recommended the
Commission grant the Company 14 days to file an amended PPA. Staff explained that, based on
conversations with the Company, 14 days would give the Company sufficient time to file an
amended PPA.

IN THE MATTER OF ROCKY MOUNTAIN
POWER’S APPLICATION FOR APPROVAL
OR REJECTION OF A POWER PURCHASE
AGREEMENT BETWEEN PACIFICORP
AND BIRCH HYDRO COMPANY
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CASE NO. PAC-E-20-07

ORDER NO. 34768

NOTICE OF AMENDED
APPLICATION

NOTICE OF COMMENT
DEADLINE
NOTICE OF AMENDED APPLICATION
NOTICE OF COMMENT DEADLINE

ORDER NO. 34768 2

NOTICE OF AMENDED APPLICATION
YOU ARE HEREBY NOTIFIED that the Company intends to file an amended
application with the Commission incorporating recommendations made by Staff in its comments
filed on August 10, 2020. The Company shall file its amended application within 14 days from
the service date of this Order.
YOU ARE FURTHER NOTIFIED that the amended application will be 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.
NOTICE OF COMMENT DEADLINE
YOU ARE FURTHER NOTIFIED that, because the Company intends to modify the
terms of the agreement that was originally filed with the Commission, we find it is in the public
interest to allow an additional period for review and comment by the public. Consequently, persons
desiring to state a position on the amended Application may file a written comment explaining
why the person supports or opposes the amended Application. Persons who would like a hearing
must specifically request a hearing in their written comments. Persons shall have 21 days from
the issuance of this Order to file written comments. Comments must be filed by e-mail unless
e-mail is unavailable. To comment by e-mail, please access the Commission’s home page at
www.puc.idaho.gov. Click the “Consumers” tab and then “Case Comment Form” and complete
the form using the case number as it appears on the front of this document. Comments filed by e-
mail must also be e-mailed to the Company at the e-mail addresses listed below. If e-mail is
unavailable, then comments may be mailed to the Commission and Company at these addresses:
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NOTICE OF AMENDED APPLICATION
NOTICE OF COMMENT DEADLINE

ORDER NO. 34768 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]

YOU ARE FURTHER NOTIFIED that the Company must file any reply comments
within 28 days of the issuance 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.
ORDER
IT IS HEREBY ORDERED that, as the Company has expressed its intention to file an
amended PPA with the Commission, the Company shall have 14 days from the issuance of this
Order to file an amended PPA.
IT IS FURTHER ORDERED that persons interested in submitting written comments
on the Company’s amended PPA must do so within 21 days of the issuance of this Order. The
Company must file any reply comments within 28 days of the issuance of this Order.
NOTICE OF AMENDED APPLICATION
NOTICE OF COMMENT DEADLINE

ORDER NO. 34768 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 1st
day of September 2020.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\PAC-E-20-07\Orders\PACE2007_time_for_filing_mh.docx