20210514Decision Memo.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: DAYN HARDIE
DEPUTY ATTORNEY GENERAL

DATE: MAY 14, 2021

SUBJECT: IN THE MATTER OF ROCKY MOUNTAIN POWER’S APPLICATION
FOR APPROVAL OR REJECTION OF THE POWER PURCHASE
AGREEMENT WITH CHESTER DIVERSION PROJECT; CASE NO. PAC-
E-21-06.

On March 10, 2021, Rocky Mountain Power, a division of PacifiCorp (“Company”)
requested Commission approval or rejection of a Power Purchase Agreement (“PPA”) with Fall
River Rural Electric Cooperative (“Fall River”) for the purchase and sale of energy from the
Chester Diversion Hydro Project, a 2 MW hydroelectric qualifying facility under the Public Utility
Regulatory Policies Act of 1978.
On March 25, 2021, the Commission issued a Notice of Application and Notice of
Modified Procedure establishing public comment deadlines of May 4, 2021 and Company reply
deadlines of May 18, 2021. Order No. 34976. Fall River was granted party status on April 15,
2021. Order No. 34997.
Staff filed comments on May 4, 2021.
FALL RIVER’S MOTION FOR EXTENSION OF TIME
On May 13, 2021, Fall River filed a Motion of Extension of Time pursuant to IDAPA
31.01.01.256 (“Motion”). Fall River asked that the Commission consider its Motion under
procedural Rule 256, which allows the Commission to act upon a motion for relief in less than 14
days after the motion was filed. Id.; see IDAPA 31.01.01.256.03.
Fall River requests seven additional days to reply to Staff’s comments. Fall River states
that one of the issues raised by Staff implicates complicated issues of law and fact. Fall River will
review—and possibly present—numerous communications and materials regarding the correct
DECISION MEMORANDUM 2
vintage of avoided cost rates it believes should apply to the PPA. Additionally, Fall River notes it
has been unable to discuss issues raised in Staff’s comments with the Company to determine their
position, potentially impacting Fall River’s position.
Fall River states that it contacted the Company regarding its request and the Company
had no objection but did request that if the seven-day extension was granted that it apply to the
Company’s reply as well. Fall River also reached out to Staff regarding its request.
STAFF RECOMMENDATION
Staff takes no position on Fall River’s Motion.
COMMISSION DECISION
Does the Commission wish to grant Fall River’s Motion for seven additional days to
reply to Staff’s comments? Does the Commission wish to issue a Notice of Amended Reply
Comment Deadline changing the reply deadline for Fall River and the Company to May 25, 2021?

__________________________
Dayn Hardie
Deputy Attorney General

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