20201113Decision Memo.pdf

DECISION MEMORAI\IDT]M
TO COMMISSIONER KJELLAI\DER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMN{ISSION SECRETARY
COMII{ISSION STAFF
LEGAL
FROM:MATT HTINTER
DEPUTY ATTOR}TEY GENERAL
DATE: NOVEMBERL2,2020
SUBIECT: IN TIIT.. MATTER OT ROCKY MOUNTAIN POWER,S APPLICATI0N
FOR APPROVAL OF A POWER PT'RCHASE AGREEMENT BETWEEN
PACIflCORP AND BIRCII IIYDRO COMPAI\IY; CASE NO. PAC-E-20-07
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 Staffs
recommendations. The Company stated that the "Company and the Seller will work expeditiously
to file an updated contract and exhibirc incorporating Commission Stafls comments as soon as
possible." Company Reply Comments at 3.
After learning from Staffthat 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. Stafps
understanding from conversations with the Company is that amending the PpA took longer than
the Company initially expected.
DECISION MEMORANDUM 1
STATT'RECOMMENDATION
Staff recommends the Commission issue an interlocutory order setting a seven-day
comment period on the amended PPA and a seven-day reply comment period.
COMNf,ISSION DECISION
Does the Commission wish to set a seven-day comment period on the amended ppA
and a sevenday reply commentperiod?
Matt Hunter
Deputy Attorney General
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2DECISION MEMORANDT]M