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Home My WebLink About20240717Comments.pdf RECEIVED Wednesday, July 17, 2024 IDAHO PUBLIC UTILITIES COMMISSION JAYME B. SULLIVAN BOISE CITY ATTORNEY Ed Jewell ISB No. 10446 Deputy City Attorney BOISE CITY ATTORNEY'S OFFICE 150 N. Capitol Blvd. P.O. Box 500 Boise, ID 83701-0500 Telephone: (208) 608-7950 Facsimile: (208) 384-4454 Email: BoiseCiLvAttomey&cityofboise.org Attorney for Intervenor BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF IDAHO POWER Case No. IPC-E-24-18 COMPANY'S APPLICATION FOR APPROVAL OF A CLEAN ENERGY YOUR WAY CITY OF BOISE CITY'S CONSTRUCTION AGREEMENT WITH THE COMMENTS CITY OF BOISE AND THE FIRST AMENDMENT THERETO The city of Boise City("Boise City" or the "City") submits these formal comments on the application submitted by Idaho Power Company("Company") for the approval of a Clean Energy Your Way-Construction Agreement with the City of Boise and the First Amendment Thereto(the "Agreement"). Boise City,pursuant to Rule 203 of the Commission's Rules of Procedure, IDAPA 31.01.01.203, and pursuant to the Notice of Modified Procedure, Order No. 36225, issued by the Commission on June 12, 2024, hereby states as follows: Boise City recommends the Commission approve Idaho Power's application. The Agreement complies with all requirements established by the Commission for CEYW - Construction agreements and has additional ratepayer protections that account for the City's CITY OF BOISE CITY'S COMMENTS - 1 requirements as a public entity and ensure that non-participants do not pay for the City's clean energy preferences. Additionally, the Renewable Construction Agreement between the Company and Micron Technology, Inc. ("Micron") contains a provision that allows for another customer to receive 10 MW output from the Black Mesa facility. This Agreement fills that role and demonstrates effective collaboration between the City, the Company, and Micron. The City has different contracting and budgetary requirements than private entities in Idaho. To comply with these requirements while still ensuring ratepayers are not harmed, the City negotiated a Contingency Fund with Idaho Power, which is Section 8 of the Agreement. The Contingency Fund is a funded escrow account wherein the City has prepaid any walkaway damages that would be owed by the City to Idaho Power,thereby ensuring the City has not incurred any unfunded liability and non-participating ratepayers will be whole regardless of future decisions by City Council. The Non-Appropriation Clause in Section 16.17 of the Agreement provides that the City Council can determine not to appropriate funds for the Agreement in future years. This clause is necessary to comply with the City's contracting and budgetary requirements as a public entity entering a multi-year contract. The Non-Appropriation Clause and the Contingency Fund work in tandem to protect Idaho Power ratepayers and comply with the City's requirements. Boise City appreciates the efforts of the Company, Commission Staff,and the Commission to develop and authorize additional voluntary opportunities for Idaho Power customers to procure clean electricity in a manner that keeps rates affordable and fair for all customers. Boise City recommends the Commission issue an order approving the Agreement. DATED this 17th day of July 2024. C� Ed ell, Deputy City Attorney CITY OF BOISE CITY'S COMMENTS - 2 CERTIFICATE OF SERVICE I hereby certify that I have on this 17th day of July 2024, served the foregoing documents on all parties of counsel as follows: Monica Barrios-Sanchez ❑ U.S. Mail Commission Secretary ❑ Personal Delivery Idaho Public Utilities Commission ❑ Facsimile 11331 W. Chinden Blvd., Ste. 201-A 0 Electronic Boise, ID 83714 ❑ Other: s ecretgakpuc.idaho.gov Adam Triplett ❑ U.S. Mail Deputy Attorney General ❑ Personal Delivery Idaho Public Utilities Commission ❑ Facsimile 11331 W. Chinden Blvd., Ste. 201-A 0 Electronic Boise, ID 83714 ❑ Other: adam.triplett&puc.idaho.gov Donovan Walker ❑ U.S. Mail Tim Tatum ❑ Personal Delivery Alison Williams ❑ Facsimile Idaho Power Company 0 Electronic PO Box 70 ❑ Other: Boise, ID 83707 dwalkergidahopower.com ttatumgidahopower awilliamskidahopower.com dockets(a,idahopower.com Austin Rueschhoff ❑ U.S. Mail Thorvald A. Nelson ❑ Personal Delivery Austin W. Jensen ❑ Facsimile Holland and Hart LLP 0 Electronic 555 17th Street ❑ Other: Suite 3200 Denver, CO 80202 darueschhoff(a hollandhart.com tnelsonkhollandhart.com awj ensen(chollandhart.com aclee(a,hollandhart.com mamcmillen(a,hollandhart.com CITY OF BOISE CITY'S COMMENTS - 3 Jim Swier ❑ U.S. Mail Micron Technology, Inc. ❑ Personal Delivery 8000 S Federal Way ❑ Facsimile Boise, ID 83707 0 Electronic jswierkmicron.com ❑ Other: Michelle Steel Paralegal, City of Boise CITY OF BOISE CITY'S COMMENTS - 4