20211022Notice_of_Application_Order_No_35208.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35208 1

Office of the Secretary
Service Date
October 22, 2021
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On December 3, 2020, Rocky Mountain Power (“Company”) filed an Application
seeking approval or rejection of an amendment to extend for one-year an existing Energy Sales
Agreement (“ESA”) the Company has with Amy Family Holdings, LLC (“Seller”) to allow the
parties to secure a stand-alone interconnection agreement replacing the interconnection provision
in the existing ESA. The Company’s Application includes an Amendment to the Power Purchase
Agreement between Seller and the Company (“Attachment 1”). The Company reasoned that if the
ESA was not extended or renewed it would expire on December 31, 2021.
After the Company filed its Application to extend the ESA’s term by one-year, the
Seller significantly progressed on the new interconnection provisions to the point the Company
became confident the Seller could complete the required interconnection before the energy sales
agreement expired, thus negating the need for the one-year extension. On March 10, 2021, the
Company filed an unopposed motion for stay with the goal of allowing the Seller to complete the
new interconnection provisions.
On March 25, 2021, the Commission granted the Company’s Motion with the condition
that if the Seller had not completed its interconnection requirements by October 15, 2021, the
Company must seek continuance. Order No. 34971.
On September 23, 2021, the Company filed an unopposed motion to lift stay
(“Motion”) requesting the Commission consider its Application and issue a final order by
December 31, 2021 because the transmission upgrades necessary for the long-term power purchase
agreement with Seller will not be completed until May 2022. The Company states “the existing
IN THE MATTER OF ROCKY MOUNTAIN
POWER’S APPLICATION FOR APPROVAL
OR REJECTION OF AN ENERGY SALES
AGREEMENT WITH AMY FAMILY
HOLDINGS, LLC
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CASE NO. PAC-E-20-18

NOTICE OF APPLICATION

NOTICE OF MODIFIED
PROCEDURE

ORDER NO. 35208

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35208 2

contract must be extended so the Seller can maintain its current interconnection rights until the
transmission upgrades are complete.”
With this Order the Commission issues notice of the Company’s Application and
establishes public comment and Company reply deadlines.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that the ESA was entered on January 3, 1985 prior
to the Company separating its energy supply and transmission functions as required by federal
law. The ESA contains provisions addressing both energy supply and interconnection
requirements.
YOU ARE FURTHER NOTIFIED that the Seller and the Company are in the process
of securing a stand-alone interconnection agreement to replace the interconnection provision in
the ESA. Before a new agreement can be entered, the stand-alone interconnection agreement
requires all distribution system upgrades to be constructed and in place.
YOU ARE FURTHER NOTIFIED that the necessary upgrades for a new agreement
will not be completed before the ESA expires on December 31, 2021. The Seller has expressed a
desire to continue selling electricity generated by the Facility to the Company consistent with the
requirements of the Public Utilities Regulatory Policies Act of 1978 (“PURPA”) as implemented
by Idaho.
YOU ARE FURTHER NOTIFIED that while the distribution system upgrades are
being completed the Seller and the Company have agreed to a limited one-year extension of the
existing contract with updated pricing for energy sales during the extended term—January 1, 2022
through December 31, 2022 (“Extended Term”). See Exhibit A to Attachment 1. During the
Extended Term, the total nameplate capacity of the Facility—450 kilowatts— remains unchanged.
The Facility’s estimated net output during the Extended Term is 2,087 megawatt-hours.
YOU ARE FURTHER NOTIFIED that the 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.
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.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35208 3

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 will proceed under Modified Procedure
pursuant to Rules 201 through 204 of the Idaho Public Utilities 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 persons desiring to state a position on this
Application may file a written comment explaining why the person supports or opposes the
Application. Persons who would like a hearing must specifically request a hearing in their written
comments. Persons shall have until November 22, 2021 to file written comments. Comments
must be filed through the Commission’s website or by e-mail unless computer access is
unavailable. To comment electronically, 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. To file by e-mail, the
customer must e-mail the comments to the Commission Secretary and the Company at the e-mail
addresses listed below. If computer access 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, Idaho 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:

Rocky Mountain Power
Ted Weston (Suite 330)
Emily Wegener (Suite 320)
1407 West North Temple
Salt Lake City, Utah 84116
[e-mail]
[e-mail]
[e-mail]

Please send all data request regarding this
Application in Microsoft Word to:

[e-mail]

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35208 4

If e-mail is unavailable, then:

Data Request Response Center
PacifiCorp
825 Multnomah, Suite 2000
Portland, OR 97232

YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by
November 29, 2021.
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.
O R D E R
IT IS HEREBY ORDERED that the Company’s Motion is granted.
IT IS FURTHER ORDERED that the Company’s Application be processed by
Modified Procedure, Rules 201-204 (IDAPA 31.01.01.201-.204). Persons interested in submitting
written comments must do so by November 22, 2021. The Company must file any reply comments
by November 29, 2021.
IT IS FURTHER ORDERED that parties should continue to comply with Order No.
35058, issued June 3, 2021. 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 APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35208 5

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 22nd
day of October 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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