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HomeMy WebLinkAbout20230620Final_Order_No_35819.pdfORDER NO. 35819 1 Office of the Secretary Service Date June 20, 2023 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF ROCKY MOUNTAIN POWER’S APPLICATION REQUESTING APPROVAL OF THE ANNUAL REVISION TO QF VARIABLE ENERGY PRICES PURSUANT TO TERMS OF THE 1992 AMENDMENTS TO POWER PURCHASE AGREEMENTS BETWEEN PACIFICORP AND IDAHO QFs ) ) ) ) ) ) ) ) ) CASE NO. PAC-E-23-14 ORDER NO. 35819 On April 18, 2023, Rocky Mountain Power, a division of PacifiCorp (“Company”), applied to the Idaho Public Utilities Commission (“Commission”) for approval to update the Qualifying Facility (“QF”) variable energy price pursuant to the terms of the 1992 amendments (“Amendment”) to certain Idaho QFs power purchase agreements (“Application”). Specifically, the Company requested Commission approval for a variable energy rate of $24.85 per megawatt hour (“MWh”). The Company requested that its Application be processed by Modified Procedure with an effective date for the new variable energy rate of July 1, 2023. On May 10, 2023, the Commission issued a Notice of Application and established public comment and Company reply deadlines. Order No. 35775. Staff filed the only comments in this case. The Commission now issues this Order approving the Application as filed. THE APPLICATION The Company indicated thirteen QF contracts were affected by the Amendment outlining the method used to determine the variable energy component of the avoided cost rate for QF contracts. The Company represented that only one QF contract affected by the Amendment remains in effect— Marsh Valley Hydro contract—which is effective through February 28, 2028.1 The Company represented that the variable energy rate is calculated as the sum of the Company’s fuel costs and Colstrip variable Operation and Maintenance (“O&M”) cost.2 The 1 The remaining 12 QF contracts originally subject to the Amendment have expired, among which ten have entered into new PPAs and two did not seek new contracts. 2 The Amendment defined fuel costs “as the average cost of fuel consumed in the Utah Division plants, specifically Carbon, Hale, Naughton, Huntington, and Hunter coal plants.” Application at 2. The Amendment specified that any plant that does not operate in a calendar year will be removed from the average fuel cost calculation. Since Carbon and Hale plants are now closed, the Company removed these from its calculation. ORDER NO. 35819 2 Company represented the variable O&M costs were set based on the variable costs associated with the operation of the coal power generating facility Colstrip, excluding the generation tax and the line loss adjustments. Based on that calculation, the Company proposed that the variable energy rate for deliveries commencing July 1, 2023, through June 30, 2024, should be $24.85 per MWh. STAFF COMMENTS Staff analyzed the data provided by the Company and believed that the proposed rate was correct. Staff recommended the Commission approve the variable energy rate of $24.85 per MWh, as requested by the Company, effective July 1, 2023, through June 30, 2024. COMMISSION FINDINGS AND DECISION The Commission has jurisdiction over the Company, an electric utility, under Title 61 of the Idaho Code and the Public Utility Regulatory Policies Act of 1978 (“PURPA”). The Commission has authority under 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 from QFs, and to implement FERC rules. 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 61-503. The Commission has reviewed the record—including the Application and Staff’s Comments. Based on our review, we find it reasonable to approve the Application as filed. Staff reviewed the data provided by the Company and supports the Company’s calculations included in the Application. Relatedly, the Company used the same calculation method that has been utilized in the Commission’s previously approved variable energy rate revisions. Accordingly, the Commission finds that a variable energy rate of $24.85 per MWh effective July 1, 2023, through June 30, 2024, is fair, just, and reasonable. O R D E R IT IS HEREBY ORDERED that the variable energy rate for deliveries from affected QF contracts between July 1, 2023, and June 30, 2024, shall be $24.85 per MWh. 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. See Idaho Code § 61-626. ORDER NO. 35819 3 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 20th day of June 2023. _________________________________________ ERIC ANDERSON, PRESIDENT __________________________________________ JOHN R. HAMMOND JR., COMMISSIONER __________________________________________ EDWARD LODGE, COMMISSIONER ATTEST: __________________________________ Jan Noriyuki Commission Secretary I:\Legal\ELECTRIC\PAC-E-23-14 QFs\orders\PACE2314_Final_md.docx