20221213Notice_of_Application_Order_No_35623.pdf

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35623 1

Office of the Secretary
Service Date
December 13, 2022
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On November 14, 2022, Rocky Mountain Power, a division of PacifiCorp (“Company”)
applied to the Commission for approval or rejection of a Power Purchase Agreement (“PPA”)
between the Company and Larry and Christie Oja (“Sellers”) for energy produced by Sellers’
small-hydro facility (“Facility”) located in Oneida County, Idaho. The Facility is a qualifying
facility (“QF”) under the Public Utility Regulatory Policies Act of 1978 (“PURPA”). The
Company also requested that its Application be processed by modified procedure.
The Commission now issues 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 has a nameplate capacity of 188
kilowatts (“kW”).1 The Facility has been delivering energy to the Company under a power
purchase agreement dated January 24, 1992. The original contract was for 20 years, however, the
term was extended by approximately 1 year so as to expire on January 31, 2023. See Order No.
35316.
YOU ARE FURTHER NOTIFIED that the proposed PPA is a 20-year contract and
contains non-seasonal hydro rates based upon surrogate avoided resource avoided cost
methodology.
YOU ARE FURTHER NOTIFIED that the Company requests the Commission declare all
payments for purchase of energy and capacity under the PPA be allowed as prudently incurred
expenses for ratemaking purposes.

1 Paragraph 2 of the Company’s Application states that the Facility has a nameplate capacity of 188 kW. However,
paragraphs 7 and 14 inadvertently state that the nameplate capacity is 260 kW. The Company has confirmed that 188
kW is the correct nameplate capacity.
IN THE MATTER OF PACIFICORP’S
APPLICATION FOR APPROVAL OR
REJECTION OF THE POWER PURCHASE
AGREEMENT WITH OJA, LLC
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CASE NO. PAC-E-22-18

NOTICE OF APPLICATION

NOTICE OF
MODIFIED PROCEDURE

ORDER NO. 35623
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35623 2

YOU ARE FURTHER NOTIFIED that the Application and proposed PPA 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”
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.
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 it will review the case through written
submissions under the Commission’s Rules of Modified Procedure Rules 201-204 of the Idaho
Public Utilities Commission’s Rules of Procedure, IDAPA 31.01.01.201-204. 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 explaining why they support or oppose the Application.
Persons who would like a hearing must specifically request a hearing in their written comments.
Persons shall have until January 4, 2023, to file written comments. Comments must be filed
through the Commission’s website or by e-mail unless computer access is unavailable. 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. To file by e-mail, the customer must e-mail the comments to the Commission
Secretary and 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 Commission:

Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
[e-mail]

For Rocky Mountain Power:

Mark Adler
Rocky Mountain Power
1407 West North Temple, Suite 330
Salt Lake City, UT 84116
[e-mail]
[e-mail]
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35623 3

Street Address for Express Mail:

11331 W. Chinden Blvd.
Building 8, Suite 201-A
Boise, Idaho 83714

Joe Dallas
PacifiCorp
825 NE Multnomah Street, Suite 2000
Portland, OR 97232
[e-mail]

Data Request Response Center
PacifiCorp
825 Multnomah, Suite 2000
Portland, Oregon 97232
[e-mail]

YOU ARE FURTHER NOTIFIED that the Company and Seller must file any reply
comments by January 11, 2023.
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 January 4, 2023. The Company and Seller must file any reply comments
by January 11, 2023.
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.

NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 35623 4

DONE by order of the Idaho Public Utilities Commission at Boise, Idaho this 13th day of
December 2022.

__________________________________________
ERIC ANDERSON, PRESIDENT

__________________________________________
JOHN CHATBURN, COMMISSIONER

__________________________________________
JOHN R. HAMMOND, JR., COMMISSIONER
ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\ELECTRIC\PAC-E-22-18 OJA\orders\PACE2218_ntc_mod_app_md.docx