20221007Final_Order_No_35554.pdf

ORDER NO. 35554 1

Office of the Secretary
Service Date
October 7, 2022
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF ROCKY MOUNTAIN
POWER’S APPLICATION FOR APPROVAL
OR REJECTION OF THE POWER
PURCHASE AGREEMENT WITH AMY
FAMILY HOLDINGS, LLC.
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CASE NO. PAC-E-22-08

ORDER NO. 35554

On August 19, 2022, the Commission issued Order No. 35506, which approved the Power
Purchase Agreement (“PPA”) between PacifiCorp d/b/a Rocky Mountain Power (“Company”) and
Amy Family Holdings, LLC, (“Seller), provided the Parties updated the PPA. The updates were
to address facility modification, Company notification of modification obligations, and expressly
state that modifications to the PPA required Commission approval.
On August 29, 2022, the Company submitted an Amended PPA to comply with the Order.
STAFF COMMENTS
Staff reviewed the Amended PPA, and recommended approval, reasoning that the
Amended PPA satisfied the requirements of Order No. 35506.
COMMISSION DISCUSSION AND FINDINGS
The Commission has jurisdiction over this matter under Idaho Code §§ 61-501, -502, and
-503. Idaho Code § 61-501 authorizes the Commission to “supervise and regulate every public
utility in the state and to do all things necessary to carry out the spirit and intent of the [Public
Utilities Law].” The Commission is empowered to investigate rates, charges, rules, regulations,
practices, and contracts of public utilities and to determine whether they are just, reasonable,
preferential, discriminatory, or in violation of any provision of law, and to fix the same by order.
Idaho Code §§ 61-502 and -503. In addition, the Commission has authority under the Public Utility
Regulatory Policies Act of 1978 (“PURPA”) and Federal Energy Regulatory Commission
(“FERC”) regulations to set avoided costs, to order electric utilities to enter fixed-term obligations
for the purchase of energy and capacity from qualifying facilities, and to implement FERC rules.
The Commission may enter any final order consistent with its authority under Title 61 and PURPA.
After reviewing the Amended PPA and Staff’s comments, we find that the Amended PPA
appropriately updated the agreement as expected by Order No. 35506.

ORDER NO. 35554 2

ORDER
IT IS HEREBY ORDERED that the Parties’ Amended PPA is approved.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order regarding any matter
decided in this Order. Within seven (7) days after any person has petitioned for reconsideration,
any other person may cross-petition for reconsideration. Idaho Code § 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 7th day of
October 2022.

__________________________________________
ERIC ANDERSON, PRESIDENT

JOHN CHATBURN, COMMISSIONER

JOHN R. HAMMOND JR., COMMISSIONER
ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\PAC-E-22-08 PPA Amy\orders\PACE2208_final_compliance_cs.docx