20200702Notice_of_Application_Order_No_34717.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34717 1

Office of the Secretary
Service Date
July 2, 2020
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF ROCKY MOUNTAIN
POWER’S APPLICATION FOR
APPROVAL OR REJECTION OF A
POWER PURCHASE AGREEMENT
BETWEEN PACIFICORP AND FALL
RIVER ELECTRIC COOPERATIVE, INC.
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CASE NO. PAC-E-20-10

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 34717

On June 9, 2020, Rocky Mountain Power (“Company”), a division of PacifiCorp,
applied for an order approving or rejecting a Power Purchase Agreement (“Agreement”) with Fall
River Electric Cooperative, Inc. for energy generated by the Felt Hydro Facility1 (“Facility”), a
small hydro facility in Teton County, Idaho. The Facility is a qualifying facility under the Public
Utility Regulatory Policies Act of 1978 (“PURPA”). The Company requested its Application be
processed under Modified Procedure.
With this Order, the Commission now establishes deadlines for interested persons or
entities to comment on the Application, and for the Company to reply.
THE APPLICATION
YOU ARE HEREBY NOTIFIED that the Facility has been delivering energy to the
Company in accordance with a PURPA contract dated December 4, 1984. The existing PURPA
contract will expire at midnight on March 31, 2021.
YOU ARE FURTHER NOTIFIED that the Facility has a nameplate capacity of 7.45
megawatts. The Agreement contains non-seasonal hydro avoided cost rates based on the surrogate
avoided resource cost methodology for a 20-year term. The Agreement also contains capacity
payments for the entire term with no sufficiency period.
YOU ARE FURTHER NOTIFIED that the Company requested the Commission
declare all payments for purchase of energy under the Agreement be allowed as legitimate
expenses for ratemaking purposes, all of which the Commission will allow the Company to recover

1 The Facility was previously known as CDM Hydro.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34717 2

in Idaho in the event other jurisdictions the Company operates in deny recovery for their
proportionate shares.
YOU ARE FURTHER NOTIFIED that the Application is available for public
inspection during regular business hours at the Commission offices. These documents are also
available on the Commission’s web site at www.puc.idaho.gov. Click on the “ELECTRIC” tab,
then select “Open Cases” and click on the case number as shown on the front of this document.
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, 61-502, and 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 17, 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:
///

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34717 3

For the Idaho Public Utilities
Commission:

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
[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 (Suite 330)
Jacob McDermott (Suite 320)
1407 West North Temple
Salt Lake City, Utah 84116
[e-mail]
[e-mail]
[e-mail]

Adam Lowney
419 SW 11th Avenue, Suite 400
Portland, OR 97205
[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 24, 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.
ORDER
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 17, 2020. The Company must file any reply comments by August
24, 2020.
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.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 34717 4

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 2nd
day of July 2020.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Diane M. Hanian
Commission Secretary

I:\Legal\ELECTRIC\PAC-E-20-10\Orders\PACE2010_Ntc App Mod_dh.docx