20200925Decision Memo.pdf

DECISION MEMORAI\DI]M
TO COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER AIIDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:DAYN HARI}IE
DEPUTY ATTORNEY GENERAL
DATE: SEPTEMBER 25,2020
SUBJECT:IN THE MATTER OF ROCKY MOUNTAIN POWER'S APPLICATION
FOR APPROVAL OR REJECTION OF A POWER PURCHASE
AGREEMENT BETWEEN PACIFICORP AND FALL RIVER ELECTRIC
COOPERATM, INC; CASE NO. PAC-E-20-10
On June 9, 2020, Rocky Mountain Power ("Company'), o division of PacifiCorp,
applied for consideration of a Power Purchase Agreement ("Agreement") with Fall River Electric
Cooperative, Inc. ("Fall River") for enerry generated by the Felt Hydro Facility 1 ("Facility"), a
small hydro facility in Teton County, Idaho. The Facility is a qualifying facility underthe Public
Utility Regulatory Policies Act of 1978 and has a nameplate capacity of 7 .45 megawaffs.
On July 2,2020, the Commission issued a Notice of Application and Notice of
Modified Procedure establishinganAugustlT ,2020 commentdeadlineandAugust24, 2020reply
comment deadline. See Order N o. 347 17 .
On July 31,2020, Staff sent its Second Production Request to the Company. Staff
received responsesto requests 8-1 I on August 10,2020 and requests 12-14 on August ll,2A0.
Staff determined it would need additional time to sort out its position on capacity payments
described in the Agreement.
On August 17,2020, Staff filedinitial comments and asked the Commissionto amend
the comment deadline to allow additional time to analyze the data and finalize its position on
capacity payments through supplemental comments.
I The Felt River Hydro Fa cility wa s previously known a s CDM Hydro.
IDECISION MEMORANDUM
At the August 18,2020 Decision Meeting, Staff asked the Commission to vacate the
comment deadlines established in Order N o .34717 and establish new comment deadlines to allow
forpublic comments on October 1,2020 andreply comments on October 15,2020.
The Company and Fall River indicated they did not oppose amendingthe comment
deadlines as proposed by Staff.
On August 25 ,2020 ,the Commission issued a Notice of Amended Comment Deadlines
establishingan October 1,2020 public commentdeadline and October 15,2020 reply deadline.
See OrderNo.34760.
On September 22,2020, pursuant to the Commission's Rules of Procedure 272-
IDAPA 31.01 .01.272-Staff sent an email to the Commission Secretary and parties of record
providing notice that settlement discussions had begun and the parties intended to work towards
settlement. The parties plan to submit a stipulation memorializing the agreed upon terms. Staff
would like to modify the comment deadlines set in Order No. 347 60 to allow time for the public
and parties to file comments on the stipulation. The Company and Fall River indicated they do not
oppose amending the comment deadlines as proposedby Staff.
STAFF RECOMMENDATION
Staff recommends the Commission vacate the October l, 2020 public comment
deadline and October 15, 2020 reply deadline and establish a new October 22, 2020 public
comment deadline allowing opporftrnities forpublic comments and forparties to file comments in
support of the stipulation.
COMNISSION DECISION
Does the Commission wish to vacate the October l,2020pnblic commentdeadline and
October 15,2020 reply deadline and establish a new October 22,2020public comment deadline
allowing opportunities for public comments and for parties to file comments in support of the
stipulation?
Dayn Hardie
Deputy Attorney General
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2DECISION MEMORANDUM