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HomeMy WebLinkAbout20220210Notice_of_Application_Order_No_35316.pdfNOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35316 1 Office of the Secretary Service Date February 10, 2022 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION On January 19, 2022, Rocky Mountain Power, a division of PacifiCorp (“Company”), requested the Commission approve or reject an Amended Power Purchase Agreement (“Agreement”) with Larry and Christie Oja (“Sellers”) for energy generated by a 260-kilowatt (“kW”) hydroelectric facility (“Facility”)—a qualifying facility under the applicable provisions of the Public Utility Regulatory Policies Act of 1978 (“PURPA”). The Commission now issues Notice of Application and Notice of Modified Procedure and sets deadlines for interested persons to comment on the Application, and for the Company to reply. NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED that the Facility is in Oneida County, Idaho. The Facility has been delivering energy to the Company in accordance with a power purchase agreement (“PPA”) dated January 24, 1992, which expires January 31, 2022 (“1992 PURPA Contract”). YOU ARE FURTHER NOTIFIED that the Company states that it and the Sellers are in the “process of securing a new stand-alone interconnection agreement that, after all distribution system upgrades are constructed and in-service, will replace the interconnection provisions in the [1992] PURPA contract.” Application at 3-4. The Company further states that the Agreement will operate as a one-year extension of the 1992 PURPA contract already in place between the Sellers and the Company and will be effective for the earlier of the effective date of a new PPA or January 31, 2023. IN THE MATTER OF ROCKY MOUNTAIN POWER’S APPLICATION FOR APPROVAL OR REJECTION OF THE AMENDED POWER PURCHASE AGREEMENT BETWEEN PACIFICORP AND LARRY AND CHRISTIE OJA ) ) ) ) ) ) ) ) CASE NO. PAC-E-22-01 NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35316 NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35316 2 YOU ARE FURTHER NOTIFIED that the Company indicates that the Agreement complies with the Commission’s previous orders, and as otherwise indicated, the Company will pay the Sellers the prices set forth in Exhibit A to the Agreement. YOU ARE FURTHER NOTIFIED that the Company requests the Commission declare that the avoided cost prices set forth in the Agreement are just and reasonable, in the public interest, and that the Company’s incurrence of such costs are legitimate expenses for recovery in rates in the state of Idaho. YOU ARE FURTHER NOTIFIED that the Application, Attachments, and Exhibits, are available for public inspection during regular business hours at the Commission’s office. These documents are also available on the Commission’s website at www.puc.idaho.gov. Click on the “ELECTRIC” tab, select “Open Cases,” and then locate 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. The Commission may enter any final order consistent with its authority under Title 61. 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 that it will proceed under Modified Procedure pursuant to Rules 201 through 204 of the 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 in support or opposition with the Commission by March 9, 2022. The written comment must contain a statement of reasons supporting it. Persons desiring a hearing must specifically request a hearing in their written comments. Written comments concerning this Application must be sent electronically unless computer access is not available. To comment electronically, please access the Commission’s website at www.puc.idaho.gov. Click the “Case Comment Form” and complete the form using the case number as it appears on the front NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35316 3 of this document. Comments filed by e-mail must also be e-mailed to the Company at the e-mail addresses listed below. If e-mail 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 secretary@puc.idaho.gov Street Address for Express Mail: 11331 W. Chinden Blvd. Building 8, Suite 201-A Boise, ID 83714 For Rocky Mountain Power: Ted Weston Idaho Regulatory Affairs Manager Rocky Mountain Power 1407 West North Temple, Suite 330 Salt Lake City, UT 84116 (801) 220-2963 ted.weston@pacificorp.com IdahoDockets@pacificorp.com Emily Wegener Senior Counsel Rocky Mountain Power 1407 West North Temple, Suite 320 Salt Lake City, UT 84116 emily.wegener@pacificorp.com Please send all data requests regarding this Application in Microsoft Word to: datarequest@pacificorp.com 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 March 16, 2022. 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. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35316 4 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 March 9, 2022. The Company must file any reply comments by March 16, 2022. IT IS FURTHER ORDERED that parties 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. DONE by order of the Idaho Public Utilities Commission at Boise, Idaho this 10th day of February 2022. ERIC ANDERSON, PRESIDENT JOHN CHATBURN, COMMISSIONER JOHN R. HAMMOND, JR., COMMISSIONER ATTEST: Jan Noriyuki Commission Secretary I:\Legal\ELECTRIC\PAC-E-22-01\orders\PACE2201_ntc app mod proc_rn_.docx