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HomeMy WebLinkAbout20241009Final_Order_No_36345.pdf Office of the Secretary Service Date October 9,2024 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF IDAHO POWER ) CASE NO. IPC-E-24-24 COMPANY'S APPLICATION FOR ) APPROVAL OF A SECOND AMENDMENT ) ORDER NO. 36345 TO THE POWER PURCHASE SALES ) AGREEMENT BETWEEN IDAHO POWER ) AND TELOCASET WIND POWER ) PARTNERS ) On June 21, 2024, Idaho Power Company ("Company") filed an application ("Application") with the Idaho Public Utilities Commission ("Commission") requesting approval of a Second Amendment ("Amendment") to a power purchase agreement ("PPA") between the Company and Telocaset Wind Power Partners,LLC("Seller")for energy generated by the Elkhorn Wind Park("Facility"). The Company and the Seller entered the PPA with a 20-year term on December 15, 2006, but the 20-year term started when the Facility first became operational on December 28, 2007. On December 19, 2014, the Parties entered a First Amendment to the PPA, which was approved by the Commission in Order No. 33318 issued in Case No. IPC-E-15-09. The PPA contains two pricing structures: (1)the Post-Operation Date Pricing;and(2)Post- Operation Date Alternative Pricing ("PODAP"). The Company has been paying for energy using the PODAP since 2012. The Company represented that it recently realized that the amended PPA listed the PODAP as being effective only through 2026, rather than through December of 2027 as required based on the first operational date. The proposed Amendment would amend the PODAP pricing structure so that its expiration date is consistent with the expiration of the PPA. STAFF COMMENTS Commission Staff("Staff') reviewed the Application and the PPA. Based on its review, Staff recommended that the Commission approve the Amendment. Staff stated that the proposed Amendment, makes clear that the PODAP method, authorized in Order No. 30259, may be used through 2027, instead of December 15, 2026. ORDER NO. 36345 1 COMMISSION FINDINGS AND DECISION The Commission has jurisdiction over the Company's Application and the issues in this case under Title 61 of the Idaho Code including Idaho Code §§ 61-301 through 303. The Commission is empowered to investigate rates, charges,rules,regulations,practices, and contracts of all public utilities and to determine whether they are just, reasonable, preferential, discriminatory, or in violation of any provisions of law, and to fix the same by order. Idaho Code §§ 61-501 through 503. Having reviewed the Application,all submitted comments,and the record, the Commission finds it fair,just, and reasonable to approve the Second Amendment to a power purchase agreement between the Company and the Seller for energy generated by the Facility. ORDER IT IS HEREBY ORDERED that the Company's Application 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 upon 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 9th day of October 2024. ERIC ANDERSON, PRESIDENT - gs�n=� HN R. HAMMOND JR., COMMISSIONER Ar Gv� E WARD LODG , C MISSIONER ATTEST: Loao—C66, kfkf%_Bki S c Commission Secre IALegahELECTRIC\IPC-E-24-24_E1khom\orders\IPCE2424_FO_md.docx ORDER NO. 36345 2