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HomeMy WebLinkAbout20241015Decision Memo.pdf DECISION MEMORANDUM TO: COMMISSIONER ANDERSON COMMISSIONER HAMMOND COMMISSIONER LODGE COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM: MICHAEL ELDRED, COMMISSION STAFF ADAM TRIPLETT,DEPUTY ATTORNEY GENERAL DATE: OCTOBER 15, 2024 SUBJECT: IN THE MATTER OF IDAHO POWER COMPANY'S APPLICATION FOR APPROVAL OF A CLEAN ENERGY YOUR WAY CONSTRUCTION AGREEMENT WITH THE CITY OF BOISE AND THE FIRST AMENDMENT THERETO; CASE NO. IPC-E-24-18. BACKGROUND On April 23, 2024, Idaho Power Company ("Company") applied for approval of a Clean Energy Your Way ("CEYW") Construction Agreement("Agreement") with the City of Boise ("City") as well as the First Amendment thereto ("Amendment"). The Company submitted copies of both the Agreement and Amendment as attachments and requests the matter be processed by Modified Procedure with an order issuing prior to September 1, 2024. On May 6, 2024, the Commission issued a Notice of Application and Notice of Intervention Deadline, setting a deadline for interested persons to intervene. Order No. 36170. The City of Boise ("City") and Micron Technology, Inc. ("Micron") intervened. Order No. 36213. On June 12, 2024, the Commission issued a Notice of Modified Procedure, establishing public comment and party reply deadlines. Order No. 36225. The Commission Staff("Staff'), the City, and Micron filed comments recommending approval of the Application. The Company did not file reply comments. On August 23, 2024, the Commission issued Order No. 36302 approving the Amended Agreement contingent upon the correction of the error Staff noted in Table 1 of the First Revised DECISION MEMORANDUM - 1 - OCTOBER 15, 2024 Exhibit 1. In addition, the Company was ordered to submit as compliance filing(1) a copy of the Revised Exhibit 1 executed with the City; and (2) a revised Schedule 26 with updated Tables 1 and 2 that reflects Micron's allocation of Black Mesa after the effective date of the Amended Agreement. STAFF ANALYSIS On September 25, 2024, the Company submitted a compliance filing with a Second Amendment to the Renewable PPA between Idaho Power and the City that included a Revised Exhibit 1 and the Company also submitted a Revised Schedule 26 that updated Tables 1 and 2. This compliance filing was submitted to comply with Commission Order No. 36302. Staff reviewed the Second Amendment to the Renewable PPA and confirmed Table 1 included in the Second Amendment corrected the error Staff identified as required by Order No. 36302. In addition, Staff reviewed Revised Schedule 26 and confirmed Tables 1 and 2 reflect Micron's allocation of Black Mesa. Staff believes the submitted compliance filing satisfies the Commission's order. RECOMMENDATION Staff recommends the Commission approve the Company's Second Amendment to the Renewable PPA between Idaho Power and the City and the Revised Schedule 26 submitted on September 25, 2024, as filed. COMMISSION DECISION Does the Commission wish to approve the Company's Second Amendment to the Renewable PPA between Idaho Power and the City and the Revised Schedule 26 submitted on September 25, 2024, as filed? /,W, e Michael Eldred Commission Staff 1:\Uti1ity\UDMEM0S\1PC-E-24-18 Decision Memo.docx DECISION MEMORANDUM - 2 - OCTOBER 15, 2024