20250520Order_Vacating_and_Resetting_Comment_Deadline_Order_No_36602.pdf

Office of the Secretary
Service Date
May 20,2025
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER ) CASE NO. IPC-E-24-45
COMPANY'S APPLICATION FOR A )
CERTIFICATE OF PUBLIC CONVENIENCE ) ORDER VACATING AND
AND NECESSITY FOR TWO BATTERY ) RESETTING COMMENT
STORAGE FACILITIES ) DEADLINES
ORDER NO. 36602
On December 27, 2024, Idaho Power Company ("Company") applied for a Certificate of
Public Convenience and Necessity ("CPCN") for two dispatchable battery facilities providing a
total of 100 megawatts ("MW") of operating capacity("Application").
On February 3, 2025, the Idaho Public Utilities Commission ("Commission") issued a
Notice of Application and Notice of Intervention Deadline, setting a deadline for interested parties
to intervene. Order No. 36454.The Industrial Customers of Idaho Power,Idaho Irrigation Pumpers
Association, Inc., and Micron Technology, Inc. intervened. Order Nos. 36485 & 36492.
On April 23, 2025, the Commission issued a Notice of Modified Procedure, establishing a
May 7, 2025, public comment deadline and a May 28, 2025, Company reply deadline. Order No.
36569.
On May 2,2025,Commission Staff("Staff')moved to: 1)vacate the existing May 7,2025,
public comment deadline and May 28, 2025, Company reply deadline established in Order No.
36569; and 2) reset them to June 11, 2025, and July 2, 2025, respectively. Staff argued that
extending the comment deadlines was necessary to adequately scrutinize the effect of increased
tariffs imposed on goods imported from China. Counsel for Staff notified the other parties to this
case of the substance of its motion the same day.
During the Commission's May 6, 2025, Decision Meeting, Staff presented its position to
the Commission, representing that no party to the case had voiced opposition to the extended
comment deadlines. After hearing Staff's arguments, the Commission orally granted Staff s
motion. Counsel for Staff notified the parties of the Commission's decision to vacate and reset the
comment deadlines on the same day. We now issue this order memorializing the decision to vacate
and reset the comment deadlines established in Order No. 36569.
ORDER VACATING AND
RESETTING COMMENT DEADLINES
ORDER NO. 36602 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 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.
Before constructing "a line, plant, or system," a public utility providing electrical service
must obtain a CPCN from the Commission establishing that the "public convenience and
necessity" requires it. Idaho Code § 61-526. Pursuant to Idaho Commission Rule of Procedure
112,existing utilities applying for the issuance of a CPCN under Idaho Code§ 61-526 must submit
any relevant data including: (1) a Statement and Explanation; (2) a Description of Construction or
Expansion; (3) a Map; (4) a Financial Statement and Construction Timelines; and (5) Cost
Estimates and Revenue Requirements.
Accurate information on the final cost of these battery facilities is necessary to determine
whether it would be just and reasonable to issue the Company a CPCN for them. As described in
Staff s motion to vacate and reset the comment deadlines, a 145% tariff duty rate imposed on
goods imported from China could materially affect the final cost of the proposed battery facilities
at issue in this case.1 Accordingly, it is reasonable to conduct additional investigation and analysis
of the effects of this tariff to the Company's request for a CPCN. Consequently, we find it fair,
just and reasonable to grant Staff s request to vacate and reset the comment deadlines established
in Order No. 36569.
ORDER
IT IS HEREBY ORDERED that the comment deadlines established in Order No. 36569
are vacated.
'Notably,since Staff s motion was granted during the May 6,2025,decision meeting,the governments of the United
States and China have reportedly reached an agreement that would reduce the duty imposed on goods imported from
China to 30%for a period of 90 days. Despite the reduction in the duty rate, a 30%tariff could materially affect the
final cost of the battery facilities in this case.Kylie Maclellan, et al., US-China trade deal live: Tariffs to be lowered
for 90 days, US Stocks rally,REUTERS,(May 12,2025),https://www.reuters.com/world/us-china-tariff-live-updates-
bessent-greer-announce-details-constructive-geneva-2025-05-12/
ORDER VACATING AND
RESETTING COMMENT DEADLINES
ORDER NO. 36602 2

IT IS FURTHER ORDERED that persons interested in filing written comments stating a
position on the Application must do so by June 11, 2025. The Company must file any reply
comments by July 2, 2025.
THIS IS AN INTERLOCUTORY ORDER, not a final and appealable Order of the
Commission. The period of reconsideration will not begin until the final order is issued.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 201h day of
May 2025.
G
EDWARD LODGE,XESIDENT
704
LRRH A MMON JR., COMMISSIONER
DAYN H IE, COMMISSIONER
ATTEST:
1- 0
VoW;B i - ez
Commission Secr-etafy
I:\Legal\ELECTRIC\IPC-E-24-45_CPCN\orders\IPCE2445_V ac_reset_cmts_at.docx
ORDER VACATING AND
RESETTING COMMENT DEADLINES
ORDER NO. 36602 3