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HomeMy WebLinkAbout20220512Notice_of_Application_Order_No_35401.pdfNOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35401 1 Office of the Secretary Service Date May 12, 2022 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION On April 13, 2022, PacifiCorp dba Rocky Mountain Power (“Company”) applied to the Commission for an order approving or rejecting a Power Purchase Agreement (“PPA”) between the Company and Georgetown Irrigation Company (“Seller”) for energy generated by a 480-kilowatt (“kW”) hydroelectric facility (“Facility”)—a qualifying facility under the applicable provisions of the Public Utilities Regulatory Policies Act of 1978 (“PURPA”). The Company requested that its Application be processed by Modified Procedure. The Commission now issues Notice of Application and Notice of Modified Procedure establishing public comment and Company reply deadlines. BACKGROUND The Seller has been delivering energy from the Facility to the Company in accordance with a one-year extension to a power purchase agreement dated July 2, 1984. The one-year extension was approved by the Commission on August 2, 2021, and allowed the Seller to continue to deliver energy to the Company through March 31, 2022. Order No. 35123. The reason for the one-year extension was to allow the Seller to secure “a new stand-alone transmission interconnection agreement acknowledging the completion of the distribution system upgrades replacing the interconnection provisions in the [1984 power purchase agreement].” Application at 4. NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED the Seller secured a new stand-alone transmission interconnection agreement on September 1, 2021, and provided the necessary information and proof of insurance to support the execution of the renewal PPA by March 24, 2022. IN THE MATTER OF ROCKY MOUNTAIN POWER’S APPLICATION FOR APPROVAL OR REJECTION OF THE POWER PURCHASE AGREEMENT BETWEEN PACIFICORP AND GEORGETOWN IRRIGATION ) ) ) ) ) ) ) ) CASE NO. PAC-E-22-06 NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35401 NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35401 2 YOU ARE FURTHER NOTIFIED that on March 28, 2022, the Company and Seller entered into a 20-year renewal PPA that will remain in effect until March 31, 2042. YOU ARE FURTHER NOTIFIED that the Seller has demonstrated that: (1) the Facility’s net energy will equal the energy delivery schedules for the term of the PPA; and (2) the Facility is unlikely to generate more than 0.48 average-megawatts in any calendar month. Id. at 4- 5. It is estimated the Facility will generate 1,856 megawatt-hours during the first year of the PPA renewal. Id. at 5. YOU ARE FURTHER NOTIFIED that the Company requests the Commission declare that the avoided cost prices set forth in the PPA 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. Id. YOU ARE FURTHER NOTIFIED that the Application and Attachments 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 June 1, 2022. The written comment must contain a statement of reasons supporting it. Persons desiring a NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35401 3 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 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 (Suite 330) Emily Wegener (Suite 320) 1407 West North Temple Salt Lake City, UT 84116 ted.weston@pacificorp.com emily.wegener@pacificorp.com IdahoDockets@pacificorp.com Data Request Response Center PacifiCorp 825 Multnomah, Suite 2000 Portland, OR 97232 datarequest@pacificorp.com YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by June 8, 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. O R D E R IT IS HEREBY 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 June 1, 2022. The Company must file any reply comments by June 8, 2022. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 35401 4 IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April 21, 2022. Generally, all pleadings should be filed with the Commission electronically and will be deemed timely filed when received by the Commission Secretary. See Rule 14.02. Service between parties should continue to be accomplished electronically when possible. However, 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 12th day of May 2022. ERIC ANDERSON, PRESIDENT JOHN CHATBURN, COMMISSIONER JOHN R. HAMMOND, JR., COMMISSIONER ATTEST: Jan Noriyuki Commission Secretary I:\Legal\ELECTRIC\PAC-E-22-06\orders\PACE2206_ntcappmod_dh.docx