20210427Notice_of_Application_Order_No_35018.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35018 1

Office of the Secretary
Service Date
April 27, 2021

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On March 29, 2021, PacifiCorp dba Rocky Mountain Power (“PacifiCorp”) and P4
Production LLC. (“P4”) jointly requested the Commission approve the P4 System Renewable
Energy Certificate Retirement Agreement (“Agreement”).
The Commission now sets deadlines for interested persons to comment on the
Application and for the Company to reply.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that P4 and its predecessor in interest Monsanto have
operated the Soda Springs phosphate plant continuously since 1951. P4 owns the Soda Springs
plant and mines as a wholly owned subsidiary of Monsanto. In October 2018, Bayer acquired all
assets of Monsanto.
YOU ARE FURTHER NOTIFIED P4’s Soda Springs plant is the largest single user of
electricity on PacifiCorp’s six-state system, with a load of approximately 200 MW and 1.5 million
MWh per year.
YOU ARE FURTHER NOTIFIED that in December 2019, Bayer announced a
corporate goal to achieve 100% of its global electricity purchase with renewable electricity by
2030. Bayer’s initial strategy to achieve this goal includes retirement of its share of PacifiCorp’s
system renewable energy certificates (“RECs”) allocated to Idaho and possible purchase of
additional RECs on the market beginning in 2021.
YOU ARE FURTHER NOTIFIED that on March 24, 2021, P4 and PacifiCorp entered
into the Agreement, under which PacifiCorp would retire, rather than sell, P4’s allocated share of
RECs generated from PacifiCorp’s system resources. If approved, the Agreement would be
IN THE MATTER OF THE JOINT
APPLICATION BETWEEN ROCKY
MOUNTAIN POWER AND P4
PRODUCTION, LLC REQUESTING
APPROVAL OF AN AGREEMENT TO
RETIRE RECS
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CASE NO. PAC-E-21-08

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35018
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35018 2

effective starting January 2021 and would automatically renew unless a party elects to terminate
the Agreement.
YOU ARE FURTHER NOTIFIED that RECs from PacifiCorp’s generation facilities
and purchase power agreements are allocated to states under the Commission-approved 2020
Protocol cost allocation method. System RECs are allocated to Idaho based on the System
Generation factor. Under the Agreement, P4’s share of RECs allocated to Idaho will be
proportional to P4’s System Generation factor compared to Idaho’s System Generation factor. In
2019, P4 represented approximately 30% of Idaho’s System Generation factor.
YOU ARE FURTHER NOTIFIED that the treatment of Idaho’s remaining share of
RECs would be unchanged by this Agreement. The Applicants state that the Agreement will not
impact other customers because revenue from the sale of P4’s share of system RECs was
previously passed back to P4 and not to other customers. P4 will pay PacifiCorp annually to cover
PacifiCorp’s costs to administer the Agreement. Initially, P4 will pay PacifiCorp $15,000 per year
to administer the Agreement.
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 and specifically Idaho
Code §§ 61-501 to 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 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.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35018 3

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 June 15, 2021 to file written comments. Comments must
be filed through the Commission 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 “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 e-mail
addresses listed below. In addition to submitting the comments to the Commission Secretary, the
customer must also e-mail 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, 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
Emily Wegener
1407 W. North Temple, Suite 330
Salt Lake City, Utah 84116
[e-mail]
[e-mail]

For Bayer:

Randy Budge
Racine Olson, PLLC
201 East Center
Pocatello, ID 83204
[e-mail]

Data Requests:

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

[e-mail]

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35018 4

YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by
June 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 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 June 15, 2021. The Company must file any reply comments by June 29,
2021.
IT IS FURTHER ORDERED that parties should continue to comply with Order No.
34781, issued September 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. 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.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35018 5

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 27th day
of April 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\PAC-E-21-08\orders\PACE2108_ntc app mod proc_ej.docx