20201119Notice_of_Amended_Application_Order_No_34842.pdf

NOTICE OF AMENDED APPLICATION
NOTICE OF COMMENT DEADLINE
ORDER NO. 34842 1

Office of the Secretary
Service Date
November 19, 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.
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. 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.
After learning from Staff that the Company planned to file an amended PPA soon, the
Commission issued an interlocutory order on September 1, 2020. The order directed the Company
to file the amended PPA by September 15, 2020. The Commission also granted persons until
September 22, 2020 to file written comments on the amended PPA, and set a September 29, 2020
reply comment deadline for the Company. Order No. 34768.
The Company did not file the amended PPA until November 3, 2020. Amending the
PPA took longer than the Company initially expected. Having received the amended PPA, the
Commission now issues this Notice of Amended Application setting deadlines for comment and
reply.

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. 34842

NOTICE OF AMENDED
APPLICATION

NOTICE OF COMMENT
DEADLINE
NOTICE OF AMENDED APPLICATION
NOTICE OF COMMENT DEADLINE
ORDER NO. 34842 2

NOTICE OF AMENDED APPLICATION
YOU ARE HEREBY NOTIFIED that the Company filed an amended PPA with the
Commission incorporating recommendations made by Staff in its comments filed on August 10,
2020.
YOU ARE FURTHER NOTIFIED that the amended 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.
NOTICE OF COMMENT DEADLINE
YOU ARE FURTHER NOTIFIED that, because some of the terms of the PPA have
changed since the Company’s original filing, the Commission finds 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 14 days from the
issuance of this Order to file written comments. Comments must be filed by email unless email
is unavailable. To comment by email, 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
email must also be emailed to the Company at the email addresses listed below. If email is
unavailable, then comments may be mailed to the Commission and Company at these addresses:
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
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]

Adam Lowney
McDowell Rackner Gibson PC
419 SW 11th Ave., Suite 400
Portland, OR 97205
NOTICE OF AMENDED APPLICATION
NOTICE OF COMMENT DEADLINE
ORDER NO. 34842 3

Boise, Idaho 83714

Email: [e-mail]

YOU ARE FURTHER NOTIFIED that the Company must file any reply comments
within 21 days from 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 persons interested in submitting written comments on
the Company’s amended PPA must do so within 14 days from the issuance of this Order. The
Company must file any reply comments within 21 days from the issuance of this Order.
IT IS FURTHER ORDERED that parties should continue to comply with Order No.
34781, issued September 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.
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NOTICE OF AMENDED APPLICATION
NOTICE OF COMMENT DEADLINE
ORDER NO. 34842 4

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 19th
day of November 2020.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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