20210928Notice of Withdrawal of Application.pdf

1407 W. North Temple, Suite 330 Salt Lake City, Utah 84116
September 28, 2021
VIA ELECTRONIC FILING
Jan Noriyuki Commission Secretary
Idaho Public Utilities Commission 11331 W. Chinden Blvd Building 8 Suite 201A Boise, ID 83714
Re: CASE NO. PAC-E-21-06
IN THE MATTER OF THE APPLICATION OF PACIFICORP FOR APPROVAL OR REJECTION OF THE PURCHASE POWER AGREEMENT WITH CHESTER DIVERSION HYDRO PROJECT
Dear Ms. Noriyuki:
Please find attached Rocky Mountain Power’s withdrawal notice in the above-referenced matter.
Informal inquiries may be directed to Ted Weston, Idaho Regulatory Manager at [phone].
Very truly yours,
Joelle R. Steward Vice-President of Regulation
Cc: Greg Adams
RECEIVED
2021 SEP 28 PM 4:05
IDAHO PUBLIC
UTILITIES COMMISSION

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Emily Wegener (ISB #11614) Rocky Mountain Power 1407 West North Temple, Suite 320
Salt Lake City, Utah 84116 Telephone: [phone] FAX: [phone] Email: [e-mail]
Attorney for Rocky Mountain Power BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
PACIFICORP FOR APPROVAL OR REJECTION OF THE PURCHASE POWER AGREEMENT WITH CHESTER DIVERSION
) ) NOTICE OF WITHDRAWAL ) OF APPLICATION
Pursuant to Rule 68 of the Rules of Procedure of the Idaho Public Utilities Commission
(“Commission”), Rocky Mountain Power, a division of PacifiCorp (the “Company”) hereby
submits this notice of withdrawal of its Application, filed on March 10, 2021, in the above-
captioned matter.
On March 10, 2021, the Company submitted its Application for Approval or Rejection of
the Purchase Power Agreement (“PPA”) with Chester Diversion Project (“Chester”). The
Agreement at issue is a PPA executed February 26, 2021 (“Agreement”), under which Fall River
Rural Electric Cooperative Inc. agreed to use its existing Chester facility, a qualifying facility under
the Public Utility Regulatory Policies Act of 1978, to provide power to the Company. The
Commission provided public notice of the Application on March 25, 2021, and parties filed
comments in May 2021. Nothing further has been filed or issued from the Commission in this
matter since reply comments were filed on May 25, 2021.
On September 23, 2021, Fall River and the Company agreed to terminate the PPA, with no
damages owed by either party. Pursuant to that agreement and the Commission Rules of Procedure,

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the Company files this notice of withdrawal. A copy of the agreement to terminate the PPA between
the two parties is provided as Attachment No. 1.
Commission Rule 68 states: “A party desiring to withdraw a pleading must file a notice of
withdrawal of the pleading with the Commission and serve all parties with it. Unless otherwise
ordered by the Commission, the notice is effective fourteen (14) days after filing.”
Therefore, absent an order from the Commission, this Application will be considered
withdrawn fourteen days after the submission of this notice.
Dated this 28th day of September 2021.

Respectfully submitted by, ROCKY MOUNTAIN POWER

_____________________________
Emily Wegener Rocky Mountain Power 1407 West North Temple, Suite 320
Salt Lake City, Utah 84116
Telephone: [phone] Email: [e-mail] Attorney for Rocky Mountain Power

Attachment 1
ROCKY MOUNTAIN
POWER
A DIV'i~ION OF PA.Cl Fl CORP
VIA EMAIL
September 23, 2021
B1yan Case
CEO/General Manager
Fall River Rural Electric Cooperative
1150N 3400E
Ashton, ID 83420
Re: Termination of Power Purchase Agreement
Dear Sir/Madam:
1407 West North Temple, Suite 310
Salt Lake City, UT 84116
Reference is made to that certain Power Purchase Agreement by and between PacifiCorp, doing
business as Rocky Mountain Power, and Fall River Rural Electric Cooperative, Inc. ("Fall River"
and together with PacifiCorp, the "Patties") dated February 26, 2021 ("PPA"). Under the PPA,
Fall River is obligated to sell and PacifiCorp is obligated to purchase electric energy generated
by Fall River's Chester Diversion Project located in Fremont County, Idaho, with a nameplate
capacity rating of 2.0 megawatts (the "Facility"), subject to the approval of the PPA by the Idaho
Public Utilities Commission ("IPUC"). At this time the application for approval of the PPA
("Application") filed by PacifiCorp is pending before the IPUC.
On September 10, 2021, counsel for Fall River spoke by phone with attorneys for PacifiCorp and
requested mutual termination of the PPA. In subsequent discussions, the Patties verbally conveyed
their agreement to terminate the PPA, with no damages owed by either party, and withdraw the
Application pursuant to IPUC Rule of Procedure 68 (ID APA 31.01.01.68).
In order to document the Patties' agreement to terminate the PPA, effective today, September 23,
2021, and to acknowledge that PacifiCorp will be promptly filing a notice at the IPUC to withdraw
the Application, please obtain the countersignature of an authorized representative of Fall River in
the "Acknowledged and Agreed" signature block below and return a fully executed copy of this
letter to my attention.
Please let me know if you have any questions.
Sincerely,
PACIFICORP
. Id Digitally signed by Bruce Bruce Gnswo Griswold
Date: 2021.09.23 14:51 :00 -07'00'
Bruce Griswold
Director, Short-Term Origination and QF Contracts
ACKNOWLEDGED AND AGREED:
R RURAL ELE~ERA TIVE, INC.
Cc: Greg Adams
Craig Eller
Irene Heng
Cynthia Mifsud
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