20250717Comment_1.pdf

From: Dan Sakura <dan _ sakuraconservationstrategies.com>
Sent:Thursday, July 17, 2025 5:16 PM
To: secretary<secretary(o)ouc.idaho.gov
Subject: Comments submitted in IPC-E-25-08
Please find attached comments submitted by Dean Dimond, President, Stop Lava Ridge,
Inc., an Idaho Corporation in opposition to Idaho Power's application regarding the SWIP-N
transmission line.
Thank you for considering.
Dan Sakura
Sakura Conservation Strategies

COMMENTS SUBMITTED BY STOP LAVA RIDGE, INC.
OPPOSING
IDAHO POWER'S APPLICATION FOR A CERTIFICATE OF PUBLIC NECESSITY
AND CONVENIENCE FOR AN OWNERSHIP INTEREST IN THE SWIP-N
TRANSMISSION LINE AND APPROVAL OF THE UTILIZATION OF THE CAPACITY
OF THE LINE (IPC-E-25-08)
July 17, 2025
As President of Stop Lava Ridge, Inc, an Idaho Corporation, I submit these comments to
oppose Idaho Power's application. Stop Lava Ridge (SLR) has a mailing address of 1454
Highway 25, Jerome, ID, 83338. SLR is dedicated to protecting the Magic Valley from LS
Power's Lava Ridge wind project, its proposed SWIP-N 500 kV transmission line and other
federal wind projects proposed in the Magic Valley.' SLR also opposes rate increases for Idaho
ratepayers. If Idaho Power's application is approved, it would enable the State of California to
acquire Idaho electricity. SLR also supports efforts to defend Idaho consumers from unfair costs
if the SWIP-N line is abandoned because of lack of new electricity generation in Idaho and
associated transmission revenue to service SWIP-N construction debt. SLR has a facebook page
to help defend Idaho residents from LS Power,Washington, D.C. and California.
Because the SWIP-N line does not serve Idaho's public interest, SLR respectfully
requests that the Commission:
• deny Idaho Power's application based on Idaho Power's failure to show a need
for the entire capacity of the SWIP-N line coupled with the harmful impacts
SWIP-N would have on Idaho ratepayers and the public at large; or
' Fox News, "Idaho farmer blasts Biden over windmill project: It'll 'destroy the desert,' ship
energy to California: Dean Dimond says landowners are being offered'pennies' on the dollar,"
January 6, 2023. Available at: h!tps://www.foxnews.com/media/idaho-farmer-blasts-biden-
windmill-prof ect-destroy-desert-ship-energy-califomia
1

• defer approval of the application based on pending decisions at the Federal
Energy Regulatory Commission (relating to Section 205(d) transmission rate
incentives), Jerome County Board of Commissioners (relating to appeal of
special use permits for the SWIP-N line), Jerome County Planning and Zoning
Commission (relating to zoning for renewable energy projects); Lincoln County
Planning and Zoning Commission (relating to zoning for renewable energy
projects), United States Congress (relating to pending legislation in the Fiscal
Year 2026 Interior appropriations bill that would block the Lava Ridge wind
project), the U.S. Department of the Interior(relating to President Donald J.
Trump's Day One Presidential Memorandum to stop the Lava Ridge wind project
and wind projects generally), U.S. Treasury Department(implementing President
Trump's July 7, 2025 Executive Order to issue guidance relating to renewable
energy projects), the U.S. Department of the Energy(review of Biden-Harris
funding decisions for possible rescission, including the Transmission Facilitation
Program "backstop" funding for the SWIP-N); and other actions.
• If the Commission approves Idaho Power's application, impose conditions
designed to protect the State of Idaho and its ratepayers from new electricity
generation that is not in the best interests of Idaho, including requiring Idaho
Power to: (1) seek FERC approval to terminate the Lava Ridge large generator
interconnection agreement;2 (2) deposit $20 million in an account to fund the
2 Approved by FERC in ER22-1277 via letter to Idaho Power approving revisions to its Open
Access Transmission Tariff via letter dated April 28, 2022. Lava Ridge appears to be incorrectly
listed twice in Idaho Power's interconnection queue as Projects#570 and#587.
2

Magic Valley Legal Defense Protection Fund to be managed by Southern Idaho
counties with public input to defend Idaho from future federal land use decisions,
private companies, the California Public Utilities Commission (CPUC), CAISO
and other parties;3 (3) require county approval for large generator interconnection
agreements (greater than 20 MW) for any type of projects sited on federal land;
(4) require that the construction of both SWIP-N and new large generator projects
(greater than 20 MW) in Idaho meet local hire preferences to create jobs and
business opportunities for Idahoans, rather than for California-based labor unions
which are planning to construct the SWIP-N line; (5) require that SWIP-N be
buried on both federal and private ground to minimize adverse impacts on
viewsheds and the Minidoka National Historic Site; and(6) establish a
compensatory mitigation fund to offset the cumulative impacts of SWIP-N and
associated generation on the Magic Valley.4
• SLR requests a hearing in this proceeding in order to provide the Commission
with the latest information relating to federal permitting policy, an appeal of the
Jerome County Planning and Zoning Commission decision to permit SWIP-N,
the Federal Energy Regulatory Commission (FERC) and the impact of the recent
changes to the Internal Revenue Code. A hearing would also provide the public
3 Potential models include a Trustee Council approach to administer Natural Resource Damage
Assessment and Restoration program, used for the oil spills.
4 Examples include a compensatory mitigation fund for the Susquehanna-Roseland transmission
project in Pennsylvania and New Jersey and projects identified to offset the Dominion Power
line on the lower James River in Virginia.
3

with an opportunity to provide verbal testimony to the Commission on the
negative impacts to assist the Commission's assessment of convenience.
• SLR requests that the Commission amend its Notice of Modified Procedure in
this proceeding to give the public more time to assist the Commission by
introducing information into the record relating to the Department of the
Interior's July 2025 guidance to agencies, implementation of the One Big
Beautiful Bill Act and other recent developments.
SLR consists of farmers, ranchers, businesses, Japanese Americans and others dedicated
to protecting their farming and ranching operations, businesses, property rights, ways of life, the
environment, public safety, aviation, the Minidoka National Historic Site(NHS) and other
important historic and cultural sites from three utility-scale wind projects proposed for federal
lands in Jerome, Lincoln, Minidoka, Gooding and Twins Falls Counties. These "wind rush"
projects could interconnect with the "wind-by-wire" SWIP-N transmission line to connect
Southern Idaho to Las Vegas, Nevada and the California grid to benefit California.
SWIP-N is a Faustian bargain with California and LS Power, a New York private equity
company, which seeks to build both SWIP-N and Lava Ridge. In exchange for south-to-north
transmission capacity to address periodic cold weather events, Idaho Power seeks to expose
Southern Idaho to harmful federal wind projects and Idaho ratepayers to unfair rate increases.
I. Necessity Finding: SWIP-N does not meet the necessity test.
Because of recent federal policy developments and local county ordinances to restrict
renewable energy projects, new wind projects in Idaho are unlikely to be built eliminating the
necessity for SWIP-N and undermining CPUC's policy-driven goal to secure 1,000 MW of Idaho
wind energy. While Idaho Power claims a need for south-to-north capacity for SWIP-N in the
4

winter, it introduces no evidence into the record to show a need for 100% of the SWIP-N
capacity, particularly if federal wind projects are canceled. The application fails to provide the
Commission with important context to assess the necessity of the project following a complete
reversal of federal policy relating to renewable energy on federal lands, federal agency
permitting and Idaho's electricity needs in light of a projected sharp reduction in new sources of
intermittent energy throughout the United States following phaseout of federal tax credits.
Background. From 2021-2025, the Biden-Harris Administration advanced the Lava
Ridge, Taurus and Salmon Falls utility scale wind projects to meet a Biden Administration goal
to permit 25 GW of renewable energy on public lands by 2025. Local stakeholders oppose the
Lava Ridge project based on its harmful impacts to farming, grazing, aviation, the local aquifer,
public roads, emergency communications, outdoor recreation, historic and cultural resources,
scenery, wildlife, private property rights and many other resources described in the BLM's Final
Environmental Impact Statement(FEIS) issued in June 2024. In December 2024, Magic Valley
Energy (MVE), a subsidiary of LS Power, received a permit from the Bureau of Land
Management(BLM) to construct the 1,000 MW+Lava Ridge wind project which would
interconnect with Idaho Power's transmission at the Midpoint substation or a new substation
along the SWIP-N line.
SWIP-N proponents claim that it is not tied to any particular project. In reviewing Idaho
Power's OASIS website and FERC docket, Lava Ridge (1,000 MW+) appears to be the only
large wind project with a FERC-approved interconnection agreement in Idaho Power's
interconnection queue. MVE has also proposed the 800 MW Salmon Falls wind project in Twin
Falls County which would connect with Idaho Power transmission at or near the Rogerson
5

substation.5 California-based Arevia is seeking to construct the 600 MW Taurus wind project
coupled with a battery energy storage facility and solar project on BLM land north and west of
the Midpoint substation in Gooding and Jerome Counties.6 (Developers are working on the Arco
wind project, a small combined wind and solar project proposed for state and private land.)
To meet CPUC's policy goal to access out-of-state wind energy, Great Basin
Transmission, a subsidiary of LS Power, is seeking to construct the proposed $1.23 billion
SWIP-N transmission line from Midpoint, Idaho to Robinson Summit,Nevada. If approved and
constructed, SWIP-N would enable MVE to enter into power purchase agreements with
California load serving entities to secure construction financing for wind projects in Idaho. In
order to service SWIP-N construction financing debt, GBT would need tariff revenue in both
directions—north-to-south and south-to-north—to avoid abandonment of the line like the 290
mile Potomac-Appalachian Transmission Highline(PATH) which cost ratepayers $250 million.
The BLM map, below, shows the proposed SWIP-N transmission line (depicted in red)
terminating at Midpoint, along with LS Power's original Lava Ridge and Salmon Falls wind
projects and Arevia's Taurus wind project(depicted in blue) located on federal BLM land
(depicted in yellow) against the backdrop of private land. The SWIP-N line roughly parallel's
Idaho Power's Gateway West transmission line (Cedar Hill to Midpoint) and is generally located
within the BLM's West-wide Energy Corridor(WEC) on federal land.
5 https://www.ma icg valleyeneray.com/. The proposed Salmon Falls project(#616) is listed as
suspended in OASIS.
6 The proposed Taurus wind project(#635) is listed as suspended in OASIS. The Taurus wind
project did not advance as far as Lava Ridge in the permitting process. "As the Taurus Wind
project looms, many Magic Valley residents object to energy development on public lands,"
November 18, 2024, https://www.kivitv.com/twin-falls/as-the-taurus-wind-project-looms-mangy
ma ic-valley-residents-object-to-energy-development-on-public-lands
6

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California Senate Bill 100. The SWIP-N is a policy-driven transmission project. In
2018, the California legislature passed Senate Bill 100 (SB 100) setting a policy goal to achieve
100% renewable energy for retail electricity customers by 2045. As noted in Great Basin's
application to FERC for transmission rate incentives, SWIP-N advances California's policy goals
for renewable energy.7 As noted by CAISO, the primary purpose of SWIP-N is to enable
California to access 1,000 megawatts of Idaho wind energy.$ Separately, CAISO envisions 1,500
megawatts of Wyoming wind energy to be transmitted to California via TransWest Express,9
7 Great Basin Application at p. 16, "... this transmission project will support the State of
California's renewable energy goals ..." in ER25-2025.
s CAISO, "2024-2025 Transmission Plan-Board Approved," dated May 30, 2025, at p. 20 and
127. Available at: h!tps://www.caiso.com/documents/iso-board-approved-2024-2025-
transmission-plan.pdf
9 CAISO at 127.
7

through Utah.10 Wyoming wind energy can also reach California via the proposed CrossTie
transmission line which would connect to the existing ON Line at Robinson Summit,NV.
Lava Ridge Wind Project. Prior to selecting the Lava Ridge site, MVE considered the
China Mountain site, southwest of Rogerson, Idaho." MVE decided not to pursue this site
because of conflicts with sage grouse. Instead, MVE selected the Lava Ridge location on BLM
lands currently used for cattle grazing by the Star Lake allotment permittees 12 and located in the
viewshed of the Minidoka National Historic Site, in Jerome.
MVE chose the site to take advantage of BLM's out-of-date land use plans. Because
federal lands in Southern Idaho do not have oil, natural gas and other mineral resources, the
BLM's land use plans have not been updated and are over forty years old! The BLM's
Monument Resource Management Plan (RMP), which guides the management of federal lands
proposed for Lava Ridge, was approved in 1984. (The BLM's Twin Falls Management
Framework Plan is even older, dating to 1982.) While BLM has amended the RMP periodically,
it has failed to meet its statutory responsibility under the Federal Land Policy and Management
Act to update the Monument RMP by conducting Visual Resource Inventories, designating
Visual Resource Management classes and reflecting changes in land use including the
designation of the Minidoka National Historic Site to tell the stories of the forced incarceration
10 Transwest Express map available at: h!tps://www.transwestexpress.net/. "Interregional TWE
Project construction continues to advance,"May 6, 2025.
https://www.transwestexpress.net/news/alerts/2025/050625-interregional-construction-
continues.html
11 MVE, Lava Ridge Wind Project-Plan of Development, Draft Appendix C: Alternatives
Considered by MVE, October 2022, P. C-1.
12 John Arkoosh, "Lava Ridge Wind Project doesn't uphold multiple-use values. There's time to
stop it I Opinion,"Idaho Statesman, February 27, 2023.Available at:
https://www.idahostatesman.com/opinion/readers-opinion/article2725 845 85.html
8

of Japanese Americans in Idaho during World War II. Because of the out-of-date Monument
RMP, the BLM found that the Lava Ridge wind project conformed with the underlying land use
plan.
In August 2021, Interior Secretary Deb Haaland announced the beginning of the BLM's
Lava Ridge wind project scoping process to comply with the National Environmental Policy Act
(NEPA) and other federal statutes.13 MVE's original Lava Ridge plan of development proposed
to build 400 wind turbines as high as 740 feet on federal and state lands located in Jerome,
Minidoka and Lincoln Counties. Driven by Biden Administration political appointees in
Washington, D.C., the BLM's preferred alternative to build Lava Ridge generated significant
public opposition to Lava Ridge and wind energy in Southern Idaho.14 For over five years, LS
Power sought a BLM right-of-way permit and other approvals over the virtually-unanimous
opposition of local communities, elected officials and key stakeholders, including the BLM's
Lava Ridge Subcommittee to the Idaho Resource Advisory Council, which recommended no
action in the FEIS.15 Local stakeholders expressed strong concerns about the overall scheme to
13 86 Federal Register 46867.
14 Associated Press, "Hundreds rally against proposed large Idaho wind farm,"April 13, 2023.
Available at: https:Hgpnews.com/article/energy-wind-farm-idaho-rally-minidoka-
b2a4alb67fdb65b27d3bb4le5b63e5f9
15 Bureau of Land Management(BLM) Idaho Resource Advisory Council (RAC), "Lava Ridge
Wind Project Subcommittee (Subcommittee)Final Report,"March 9, 2023 at p. 4.Available at:
https://www.blm.gov/sites/default/files/docs/2023-03/Lava Ridge_Sub_Final_Report.pdf
9

build wind projects in Idaho which would be connected to SWIP-N to meet California's energy
needs. Based on local concerns, seven Idaho counties approved an anti-Lava Ridge resolution.16
In June 2024, the BLM released the Final Environmental Impact Statement(FEIS) with a
preferred alternative of 231 wind turbines, located on federal land grazed by the Star Lake
permittees, and ten turbines proposed for state land. The FEIS describes the harmful impacts of
Lava Ridge on the local community and the environment and is available on BLM's eplanning
website. In the FEIS, the BLM chose a preferred alternative with "disproportionately high and
adverse impacts to the Japanese American community and Tribes."17 Despite the reduced
number of turbines, the final Lava Ridge project has a visual impact(shown in green on the map
below) of 1.8 million acres, which is larger than the entire State of Delaware.18
16 "County Commissioners sign `No-Build Proclamation' in opposition of the Lava Ridge Wind
Project," available at: https://www.kmvt.com/2023/04/07/county-commissioners-sign-no-build-
proclamation-opposition-lava-ridge-wind-pro?ect/
17 BLM, "Lava Ridge Wind Project: Final Environmental Impact Statement,"June 2024 at p. ES-
18. Available at:
htips:Hgplanning.blm.gov/public projects/2013782/200493266/20113226/251013217/Lava_Rid
ge_FEIS_V 1_ExecSum_EIS_Chapters_App9_and App I5_508.pdf
18 Sara Bronin, Chair,Advisory Council on Historic Preservation, Letter to Tracy Stone-
Manning, Director, Bureau of Land Management, regarding Lava Ridge Section 106 compliance,
dated October 17, 2024 at p. 2. Available at: https://www.achp.gov/sites/default/files/2024-
10/LavaRidgeBLMLetter.pdf
10

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Despite nearly-universal opposition, Biden Administration officials signed the Lava
Ridge Record of Decision (ROD) in December 2024.19 The BLM issued a right-of-way permit
to MVE on December 20, 2024. Additional federal and state approvals are required before the
BLM can issue a Notice to Proceed to MVE to begin construction.20
19 Bureau of Land Management, 89 Federal Register 99904,Notice of Availability of the Record
of Decision (ROD) for the Lava Ridge Wind Project in Jerome, Lincoln, and Minidoka Counties,
Idaho.
20 U.S. Fish and Wildlife Service(USFWS) regulatory approvals are needed to comply with the
Golden and Bald Eagle Protection Act. BLM, "Lava Ridge Record of Decision,"December
2024 at p. 6. Available at: https://eplanning blm•gov/eplannina-ui/project/2013782/570.
"An incidental take permit is required if a project is likely to unintentionally harm, disturb, or kill
bald or golden eagles. These permits are solely under the authority of the USFWS."
11

At the federal level, all members of Idaho's Congressional delegation strongly oppose
Lava Ridge. Sen. James Risch,21 Rep. Mike Simpson,22 Sen. Mike Crapo,23 and Rep. Russ
Fulcher24 have fought stop the project. In the last Congress (2023-2024), the Idaho
Congressional delegation worked to enact federal legislation25 and introduced bills which were
21 Statement of U.S. Senator James Risch, "[t]he issue for us in Idaho right now is the Lava
Ridge Windmill Project [. . .] We don't want them in Idaho. We hate windmills in Idaho. They
are a tremendous blight on our viewscape. We really don't like them. The New Green Deal that
this administration has put together is trying to saddle us with 100,000 acres with 241 windmills
on them. They're a little higher than the Space Needle," dated January 16, 2025. Risch to
Burgum: Lava Ridge Only Has 95 Hours Left-Press Releases - James E Risch, U.S. Senator for
Idaho See also: "Lava Ridge has been the embodiment of liberals' disregard for the voices of
Idahoans and rural America. Despite intense and widespread opposition from Idaho and the
Japanese American community, the previous administration remained dead set on pushing this
unwanted project across the finish line,"January 20, 2025, statement available at:
https://www.risch.senate.gov/public/index.cfm/2025/1/risch-celebrates-president-trump-s-
executive-action-to-stop-lava-ridge.
22 Rep. Mike Simpson: "The Biden administration and the Bureau of Land Management blatantly
disregarded the voices of Idahoans, the Japanese American Community, and the Magic Valley
community directly impacted by the out-of-touch Lava Ridge Wind Project. In stark contrast,
President Trump is proving what real leadership looks like by listening to the people of Idaho. I
have been steadfast in my efforts to stop this project, including authoring key language in the
FY25 Interior, Environment, and Related Agencies Appropriations Act to block its final
Environmental Impact Statement—a measure that passed the House last Congress. The Lava
Ridge Wind Project is unwelcome and has zero place in our state. I stand fully behind President
Trump's decision to end it once and for all,"dated January 20, 2025, available at:
https:Hsimpson.house.gov/news/documentsin lg a aspx?DocumentID=401553
23 Statement available at: h!tps://www.crapo.senate.gov/media/newsreleases/crapo-celebrates-
president-trumps-day-one-priority-to-block-lava-ridge
24 Statement of Rep. Russ Fulcher: "The Biden administration's disregard of Idahoans' clear
disapproval of the Lava Ridge Wind Project in Southern Idaho is despicable ... [w]e cannot let
the federal government run roughshod over the State of Idaho." Press release: "We Cannot Let
the Federal Government Run Roughshod Over the State of Idaho," dated December 7, 2024.
https://fulcher.house.gov/press-releases?ID=DD356186-5179-42E4-A72B-BF482672193C "
25 Section 441, Division G, Public Law 11-842, "Consolidated Appropriations Act, 2024,"
(Congress limited BLM's use of appropriated funds for Lava Ridge wind project permitting
unless and until certain conditions are met.)
12

considered, but not enacted.26 On Tuesday, July 15, 2025, the House Interior Appropriations
Subcommittee approved the Fiscal Year 2026 Interior, Environment and Related Agencies
Appropriations Bill, a"must pass" spending bill, which includes legislation to bar the BLM from
issuing a construction Notice to Proceed(NTP) for Lava Ridge.27
26 Section 124 of H.R. 8998, "Department of the Interior, Environment, and Related Agencies
Appropriations Act, 2025," 118ffi Congress (The legislation stated the BLM Lava Ridge wind
project final environmental impact statement shall "shall have no force or effect") See also: S.
4936, a bill to require a study relating to the Minidoka National Historic Site. Sen. James Risch's
bill would bar the Secretary of the Interior from authorizing the Lava Ridge project unless and
until the Comptroller General "completes a report identifying potential adverse effects of the
project on or to the Minidoka National Historic Site, wildlife, cultural resources, transportation,
hunting, wetlands, and connected surface water and groundwater."
27 Section 123. The bill is available at:
https:Hdocs.house.gov/meetings/AP/AP06/20250715/118507/BILLS-119-SC-AP-FY2026-
Interior-FY26InteriorEnvironmentandRelatedAgenciesBill.pdf
13

At the state level, Lava Ridge opponents include Governor Brad Little'28 Lt. Governor
Bedke,29 Attorney General Labrador,30 the State Historic Preservation Officer(SHPO),31
28 State of Idaho, Executive Order 2025-01 "Gone with the Lava Ridge Wind Project
Act," available at: https:Haov.idaho.gov/wp-content/uploads/2025/01/eo-2025-Ol.pdf (January
22, 2025 directive to Idaho state agencies to support the Presidential Memorandum relating to
Lava Ridge). See also: Idaho Governor Little's statement: "The Biden Administration's
unsound energy agenda rammed through the Lava Ridge Wind Project to give California
electricity from Idaho despite overwhelming opposition from Idahoans. On day one,
President Trump reversed the federal government's overreach. My executive order
ensures the State of Idaho's actions complement President Trump's executive order and
that local input is actually considered during a new analysis. I will continue to work
closely with the Trump administration, U.S. Senator Jim Risch, U.S. Senator Mike Crapo,
and U.S. Congressman Mike Simpson to restore Idahoans' voices in the process."
h!tps:Haov.idaho.gov/pressrelease/gov-little-signs-gone-with-the-lava-ridge-wind-proj ect-act-to-
complement-president-trumps-executive-action/
29 Statement of Lt. Gov. Scott Bedke, "Our public lands have long been utilized for multiple
uses that meet the needs and fulfill the benefits of Idahoans. Ranching, farming, and
recreation are a major part of the Magic Valley's heritage. While domestic energy
production is an emerging part of a necessary conversation, the BLM disregarded
Idahoans' input on a project that is in our backyard and, instead, favored Californians
energy needs. Simply put, California will reap the benefits and Idaho will get all the
negative impacts. We will know California is serious about green energy when we see
wind turbines in Hollywood's hills," dated June 6, 2024, available at:
https:Haov.idaho.goy/pressrelease/little-bedke-crapo-risch-simpson-comment-on-blm-decision-
on-massive-lava-ridge-wind-farm/
30 Statement of Attorney General Labrador: "Idaho's rich history and vibrant communities must
not be compromised by projects that do not take into account the full spectrum of their impacts
... I look forward to working with federal, state, and local partners to ensure that any further
action on the Lava Ridge project reflects the priorities of Idahoans."
https://www.a .ig •daho.gov/newsroom/idaho-attorney-general-applauds-president-trumps-
executive-order-halting-lava-ridge-wind-proj ect-and-vows-to-continue-idaho s-fight-in-the-
courts/#:—:text=Attorney%20General%20Labrador%20has%20been,the%20Minidoka%20Natio
nal%20Historic%20Site.
31 Advisory Council on Historic Preservation(ACHP), https://www.achp.gov/news/achp-
preparing-comments-idaho-proec. According to ACHP, the Idaho SHPO "terminated further
consultation on August 9, 2024, citing widespread opposition to the project from various
stakeholders, including the Idaho State Legislature, Idaho's congressional delegation,
Tribes, and the Japanese American community."
14

and Idaho Legislature.32 In 2025, the Idaho Legislature considered, but did not enact, a bill that
would impose a $25,000 per linear foot state excise tax on wind turbines, which would total over
$3.5 billion for Lava Ridge.33
On behalf of the State of Idaho,Attorney General Labrador sued the Federal Aviation
Administration (FAA) in the Ninth Circuit Court of Appeals challenging FAA's "no hazard"
determinations for Lava Ridge wind turbines.34 Along with a similar lawsuit brought by local
farmers and businesses in Wind Turbine Petitioners vs. FAA, the Ninth Circuit has stayed this
litigation until July 28, 2025. The BLM's ROD has not been challenged in court, because of
President's Trump's Day One Presidential Memorandum.
Day One Presidential Memorandum. On January 20, 2025, President Donald J. Trump
signed a Day One Memorandum ("Presidential Memorandum") directing federal agencies to
suspend permitting of the Lava Ridge project and on-shore and off-shore wind projects
32 House Joint Memorial 5, https:Hlegislature.idaho.gov/sessioninfo/2025/legislation/HJM005/.
"the Legislature opposes the Lava Ridge project and respectfully requests federal intervention to
permanently prohibit the project." The resolution is available here:
https:Hleaislature.idaho.gov/wp-content/uploads/sessioninfo/2025/legislation/HJM005.pdf.
While the State Legislature does not have a direct role in permitting, it funds state agencies that
would need to issue permits or approvals for Lava Ridge including the Idaho Departments of
Environmental Quality, Transportation, Water Resources, Fish and Game and the State Historic
Preservation Officer(SHPO).
33"New Idaho excise tax bill goes `gangster' on wind farm projects: If county voters don't
approve new wind projects, `hardcore' $25,000 per-foot-tax would be applied," Idaho Capital
Sun, February 24, 2025.Available at: https://idahocapitalsun.com/2025/02/24/new-idaho-excise-
tax-bill-goes-gangster-on-wind-farm-projects/. "For context, the proposed Lava Ridge Wind
Project outside of Twin Falls would include 231 turbines with a maximum height limit of 660
feet for turbines. If each of the 231 Lava Ridge turbines was built exactly 100 feet high, the
excise tax would be $577,500,000. If the turbines were each 600 feet high, the tax would be
nearly $3.5 billion." The bill text is available at:
h!tps:Hleaislature.idaho.gov/sessioninfo/2025/legislation/H0317/
34 State of Idaho vs. Federal Aviation Administration (Case No. 24-5488). In parallel litigation,
local farmers and businesses sued FAA in Wind Turbine Petitioners a FAA (Case No. 24-6108).
15

nationally.35 Section 2(b) of the Presidential Memorandum specifically directed federal agencies
to place a temporary moratorium on Lava Ridge permitting and directed the Secretary of the
Interior to consider a"new, comprehensive analysis" of the Lava Ridge project and its impacts.36
As of the date of these comments, the Secretary of the Interior has not taken official action
regarding Lava Ridge.
With regard to both onshore and offshore wind projects generally, Section(2)(a) of the
Presidential Memorandum states that federal agencies "shall not issue new or renewed
approvals, rights of way, permits, leases, or loans for onshore or offshore wind projects
pending the completion of a comprehensive assessment and review of Federal wind leasing
and permitting practices ... [and] [t]he assessment shall also consider the economic costs
associated with the intermittent generation of electricity and the effect of subsidies on the
viability of the wind industry." As of the date of these comments, the Administration has not
35 President Donald J. Trump, "Temporary Withdrawal of All Areas on the Outer Continental
Shelf from Offshore Wind Leasing and Review of the Federal Government's Leasing and
Permitting Practices for Wind Projects,"Executive Order 2025-01966, 90 Federal Register
8363 (Jan. 29, 2025), available at: https://www.whitehouse.gov/presidential-
actions/2025/01/temporary-withdrawal-of-all-areas-on-the-outer-continental-shelf-from-
offshore-wind-leasing-and-review-of-the-federal-governments-leasing-and-permitting-practices-
for-wind-pro'el cts/
36 President Donald Trump, Section 2(b) Presidential Memorandum, at 90 Federal Register 8364,
"[i]n light of criticism that the Record of Decision (ROD) issued by the Bureau of Land
Management on December 5, 2024, with respect to the Lava Ridge Wind Project Final
Environmental Impact Statement (EIS), as approved by the Department of the Interior, is
allegedly contrary to the public interest and suffers from legal deficiencies, the Secretary of
the Interior shall, as appropriate, place a temporary moratorium on all activities and rights of
Magic Valley Energy, LLC, or any other party under the ROD, including, but not limited to,
any rights-of-way or rights of development or operation of any projects contemplated in the
ROD. The Secretary of the Interior shall review the ROD and, as appropriate, conduct a new,
comprehensive analysis of the various interests implicated by the Lava Ridge Wind Project
and the potential environmental impacts."
16

announced a schedule for the comprehensive assessment and review. According to media
accounts, the Department of the Interior issued guidance to agencies on July 16, 2025 designed
to sharply curtail wind and solar projects on federal lands. According to Energy Wire, "Gregory
Wischer, Interior's deputy chief of staff for policy,wrote in the memo that"all decisions, actions,
consultations, and other undertakings—including but not limited to the following—related to
wind and solar energy facilities"require Burgum's review. The actions triggering Burgum's
attention span cradle to grave aspects of project development, ranging from scoping reports to
access road authorizations to cost recovery agreements."37 These new DOI procedures could
sharply limit permitting of wind and solar projects in both Idaho and the Desert Southwest to
meet Idaho Power's requirements for new generation identified in its 2025 IRP and to support its
application in this proceeding. The press is reporting that several large solar projects in the
Southwest are currently in limbo including Esmerelda 7, Copper Rays, Bonanza and Purple
37 "Trump administration taking new steps to block wind, solar projects, memo says: The
undisclosed directive puts these renewable energy projects under heightened scrutiny at Interior in a
move that could slow approvals and construction,"dated July 17,2025. Available at:
ho2s:Hsubscriber.politicopro.com/article/eenews/2025/07/17/trump-administration-taking-new-steps-
to-block-wind-solar-projects-memo-says-ee-00458999. See also: Internal Agency Memo Calls for
Political Reviews of Solar, Wind Projects: The widely circulating document lists more than 68
activities newly subject to upper-level review,"dated July 16, 2025. Available at:
hops://heatmap.news/politics/interior-wind-solar-
memo?utm_campaign=heatmap_am&utm medium=email&_hsenc=p2ANgtz-_rubeOOrW-
_scOrFMDcnbRs415 zQQ_sP St-
jMfMk6vRphpCTRaIrVey_oB63yWPrxg7uoOh60IyRQeQTmZ v10fVn4-
5Q8BgkWHIMNfelnp3vjQOA& hsmi=371739649&utm content=371739649&utm source=hs_e
mail
17

Sage.38 SLR requests that Idaho Power provide an analysis of the impact of this new guidance on
its CPCN application and IRP in its reply.
With regard to the Taurus wind project, the second of three projects proposed on federal
land, local grazing permittees sued the BLM challenging its decision to issue a permit for
meteorological testing in support of the proposed Taurus wind project.39 In January 2025, BLM
suspended permitting for the Taurus wind project,pursuant to the Presidential Memorandum.40
LS Power's Salmon Falls wind project has not advanced through the BLM's new screening
process it adopted to avoid debacles like Lava Ridge. While the State Land Board approved the
10-12 turbine Arco wind and solar project in 2024,41 wind projects on state and private land also
38 Greenwire, "Interior directive: Burgum must sign off on all solar, wind projects: The new
guidance"is yet another knife in the back of the transition to clean energy,"said Michael Gerrard,
director of Columbia Law School's Sabin Center,"July 17, 2025. Available at:
subscriber.politicopro.com/article/eenews/2025/07/17/interior-directive-burgum-must-sign-off-on-
all-solar-wind-projects-0045975 5
39 Office of Hearings and Appeals, Interior Board of Land Appeals (IBLA), U.S. Department of
the Interior, Sheephook Cattle Grazing Association, LLC., et. al., vs. BLM OBLA Cases: 025-
0024 and 2025-0074, appeals from decisions relating to Right-of-Ways issued by the Field
Manager for the Shoshone Field Office, Twin Falls District, Idaho and associated Categorical
Exclusion relating to compliance with the National Environmental Policy Act.)
40 Email from the BLM dated January 23, 2025: "Following the Executive Orders signed on
Monday, January 20, 2025, the Idaho Bureau of Land Management will be implementing a
temporary moratorium on the Taurus Wind and Snake River Solar information forum originally
scheduled for Tuesday, January 28, 2025, and public feedback process until we receive further
guidance." See also: https://www.kivitv.com/news/magic-valley/idaho-renewable-energy-
proj ects-put-on-hold-following-trumps-executive-order
41 State Board of Land Commissioners, "Regular Agenda, October 15, 2024,Arco Wind and
Solar Project."
https:Hcontent.govdeliveiy.com/attachments/IDLANDS/2024/10/16/file_attachments/3034936/1
0%20-%20Arco%20Wind%20and%20Solar%20Lease%20M800070.pdf
18

require regulatory approvals from the USFWS, U.S. Army Corps of Engineers and other federal
agencies, which are currently on hold.41
Because of resource conflicts, large areas of federal land in Southern Idaho are currently
not available for wind and solar projects. Through its land use planning processes, the BLM has
identified"conflict areas"with important wildlife habitat, primarily sage grouse and big game,
where renewable energy projects would not be permitted.43 In response to Lava Ridge, local
stakeholders are working to protect more federal land from future renewable energy projects,
further reducing the availability of federal land for wind and solar projects and need for SWIP-N.
To address concerns of the Japanese American community, the Lava Ridge ROD included a
212,000-acre wind and solar deferral zone and a 15,400-acre Area of Critical Environmental
Concern (ACEC), totaling over a quarter million acres to protect BLM land located within the
historic footprint of the Minidoka War Relocation Center and Minidoka's cultural landscape. In
December 2024, the BLM finalized a land management plan amendment relating to utility scale
solar projects that protected the Owinza big game wildlife corridor from solar projects located
east of SWIP-N.44
42 Heatmap Plus, "Trump's Onshore Wind Pause Is Still On: Six months in, federal agencies are
still refusing to grant crucial permits to wind developers,"June 11, 2025. Available at
https://heatmap.news/plus/the-fight/spotlight/onshore-wind-trump-permits.
43 BLM, "Idaho Renewable Energy Strategy,"available at:
https://www.blm.gov/programs/energy-and-minerals/renewable-energy/strategy/idaho. The
BLM conflict map shows areas off limits for renewable energy projects (depicted in orange) to
protect wildlife and other resources. Available at:
https://www.blm.gov/sites/default/files/docs/2023-03/EnergyRealtyMap_508.pdf.
44 BLM, "Utility-Scale Solar Energy Development Programmatic Environmental Impact
Statement/Resource Management Plan Amendments," dated December 20, 2024. Available at:
https://Olanning.blm.gov/olanning-ui/Troject/2022371/5 10
19

Further reducing the necessity for SWIP-N, Southern Idaho counties have restricted
renewable energy projects on private land through zoning ordinances. These ordinances limit the
ability of generators to site new utility-scale projects on a mix of federal, state and private lands.
In response to Lava Ridge, Twin Fa11s45 and Gooding Counties have adopted county ordinances
limiting large renewable energy projects on private land. The Gooding County ordinance
prohibits large scale wind and solar projects(defined as one MW or greater) and battery energy
storage systems (BESS) in all areas of the County.46 In May 2025, Jerome County adopted a
temporary 180-day ordinance to bar renewable energy projects and battery energy storage
systems while it develops a permanent ordinance to limit renewable energy projects.47 In June
2025, the Lincoln County Planning and Zoning Commission started a public process to develop a
local ordinance for renewable energy projects. Restrictions on federal and private lands mean
that there will be fewer projects and less need for transmission. Idaho Power's CPCN
application introduces no evidence of new generation to support a necessity finding for 75% of
45 County Code of Twin Falls County, Idaho, "Chapter 21 Energy Production." Available at:
h!tps:Hcodelibrga.amlegal.com/codes/twinfallscouniyid/latest/twinfallscouniy_id/0-0-0-
6433#JD 8-21-11 Section 8-21-11 of the Code imposes "Additional Standards for Large-Scale
Wind Projects"relating to impacts on scenery, wildlife and public safety, including signal
interference with telecommunications.
46 Gooding County, Idaho "Energy Project Ordinance—Chapter I U'
https://www. og odin cg ounty.ora/DocumentCenterNiew/2234/Gooding County-Energy-Prolect-
Ordinance-No-117-BOCC-Adopted-2325?bidId= Chapter 2 defines large-scale projects as
projects "capable of producing, as per nameplate capacity, one (1) megawatt or more, or projects
that encumber 5 or more acres of land..." Chapter 5 prohibits large scale wind and solar projects
and battery energy storage systems (over 90 kw) in the County. Gooding County rejected a
proposed variance for a nine-turbine wind project(combined with solar) on June 17, 2025.
47 Jerome County Commission, Emergency Ordinance#2025-01, adopted on May 5, 2025,
https://www.jeromecouniyid.us/DocumentCenter/View/4877/TEMPORARILY PROHIBITING-
THE-DEVELOPMENT OF-RENEWABLE-ENERGY PLANTS-AND-BATTERYENERGY
STORAGE-SYSTEM-Ordinance2025-1001
20

the total transmission capacity of the line. From a convenience perspective, approval of Idaho
Power's application would run counter to the intent of Idaho counties to protect themselves from
federal overreach, the State of California and New York private equity investors.
A July 17, 2025 analysis of Idaho Power's interconnection queue (OASIS) does not
reveal a pipeline of wind projects to support a necessity finding. At the request of Idaho Power,
FERC terminated the interconnection agreement for the Cat Creek pumped storage hydroelectric
project. If built, the proposed 600 MW Jackalope Wind Project in Wyoming is slated to meet
Idaho's power needs. (If Jackalope is cancelled, Idaho Power will need to identify replacement
power to meet its IRP requirement for 700 MW of new wind energy.) Absent new generation
there appears only very limited necessity for SWIP-N to address periodic, short-term cold
weather events and south-to-north transmission in the winter, which is far offset by the harmful
impacts of the line.
Project Financing: Repeal of Renewable Energy Tax Credits. The likelihood of new
generation of intermittent energy in Idaho and neighboring states dropped sharply following the
enactment of the One Big Beautiful Bill Act(OBBBA) on July 4, 202548 OBBBA amended the
Internal Revenue Code to accelerate the phase out of the Production Tax Credit(PTC)49 and the
48 P.L. 119-21. During debate over OBBBA, Trump stated"[w]e're not going to approve
windmills unless something happens that's an emergency. I guess it could happen, but we're not
doing any of them." The Hill, "Trump: `We're not going to approve windmills,"' June 12,
2025, available at:
https://thehill.com/policy/energy-environment/5347794-trump-opposes-wind-energy/. President
President Trump also wrote on Truth Social: "Windmills, and the rest of this `JUNK,' are the
most expensive and inefficient energy in the world, is destroying the beauty of the environment,
and is 10 times more costly than any other energy.None of it works without massive government
subsidy (energy should NOT NEED SUBSIDY!).Also, it is almost exclusively made in China!!!
It is time to break away, finally, from this craziness!!!" Truth Details I Truth Social
49 OBBBA, Sec. 70512
21

Investment Tax Credit(ITC),50 which are designed to support construction of new wind and solar
projects. OBBBA requires projects to start construction by early July 2026 or be constructed by
December 31, 2027 to receive federal tax credits. OBBBA also imposes very complex foreign
entities of concern(FEOC) requirements which are designed to limit material assistance from
prohibited foreign entities, such as China.51 An independent study estimated that OBBBA will
reduce new wind capacity additions nationwide by—43 gigawatts from 2025-2030 and—160
gigawatts through 2035.52 On July 7, 2025, the U.S. Department of Energy released a grid
reliability study which estimates only 1,435 MW of new wind generation in the entire Wasatch
Front region (Idaho, Nevada, Utah and portions of Wyoming and Montana) by 2030.53
Executive Order to Implement OBBBA. To further limit renewable energy tax credits,
President Trump signed an Executive Order on July 7, 2025, entitled"Ending Market Distorting
Subsidies for Unreliable, Foreign Controlled Energy Sources. ,54 Section 1 of the Order states:
"[f]or too long, the Federal Government has forced American taxpayers to subsidize
expensive and unreliable energy sources like wind and solar. The proliferation of these
projects displaces affordable, reliable, dispatchable domestic energy sources, compromises
50 OBBBA, Sec. 70513
51 OBBBA, Sec. 70512(b).
52 Jenkins, J.D., Farbes, J., and Haley, B., "Impacts of the One Big Beautiful Bill on the US
Energy Transition— Summary Report,"REPEAT Project, Princeton,NJ, July 3, 2025. DOI:
10.5281/zenodo.15794488
53 U.S. Department of Energy, "Resource Adequacy Report: Evaluating the Reliability and
Security of the United States Electric Grid," July 2025, "Table 17. Nameplate Capacity by West
Non-CAISO Subregion and Technology(MW)" at p. 29, available at:
www.energy.gov/topics/reliability.
54 Fact Sheet: President Donald J. Trump Ends Market Distorting Subsidies for Unreliable,
Foreign-Controlled Energy Sources—The White House
22

our electric grid, and denigrates the beauty of our Nation's natural landscape. Moreover,
reliance on so-called `green' subsidies threatens national security by making the United States
dependent on supply chains controlled by foreign adversaries. Ending the massive cost of
taxpayer handouts to unreliable energy sources is vital to energy dominance, national security,
economic growth, and the fiscal health of the Nation.',55
Section 2 of the Executive Order states the policy of the United States to: "(a) rapidly
eliminate the market distortions and costs imposed on taxpayers by so-called "green" energy
subsidies; (b) build upon and strengthen the repeal of, and modifications to, wind, solar, and
other "green" energy tax credits in the One Big Beautiful Bill Act; and (c) end taxpayer
support for unaffordable and unreliable "green" energy sources and supply chains built in, and
controlled by, foreign adversaries. ,56 The Executive Order directs the Secretary of the
Treasury to "strictly enforce the termination" of tax credits by issuing new and revised
guidance in 45 days relating to "beginning of construction" and safe harbor rule for wind and
solar projects under sections 45Y and 48E of the Internal Revenue Code.57 The President also
directed the Secretary to implement the extremely complicated FEOC restrictions within 45
days.58 On July 8, 2025, President Trump restated his opposition to wind projects at a
Cabinet Meeting: "And wind is a very expensive form of energy. It's very bad for your beautiful
surroundings, the plains and the valleys and the birds are dying all over the place. You know, the
55 h!tps://www.whitehouse.gov/presidential-actions/2025/07/ending-market-distorting-subsidies-
for-unreliable-foreign%E2%80%9 I controlled-energy-sources/
56 Id.
57 Id. Section 3(a).
58 Id. Section 3(b).
23

whole thing is a disaster. They're almost exclusively made in China ... And wind is
tremendously expensive and is very ugly. And if you own a house that's inside of a windmill,
your house is worth less than half and people -- and you hear noises ... It's tremendously
expensive and it can only be done with subsidy. ,59
II. Convenience— SWIP-N is not in Idaho's Public Interest.
The goal of SWIP-N is to enable out-of-state investors to build wind projects on federal
land over the objections of Idaho stakeholders and elected officials. By enabling wind projects,
SWIP-N would have catastrophic impacts on Idaho's economy, way of life and environment.
The Commission should deny the application because any benefit to Idaho Power is exceeded by
SWIP-N's harmful impacts. The BLM accurately described the environmental impacts of the
Lava Ridge project, which would be compounded if a future Administration in Washington
revives the Lava Ridge project and permits new projects. These impacts include: avian mortality
(between 2,200 and 9,100 bird deaths annually, including raptors which feed on rodents that
damage Idaho crops), bats (1,200-7,900 annually which feed on harmful insects), golden and
bald eagles, sage grouse, pollinators, Monarch butterfly populations, big game, pygmy rabbit and
countless other species. Lava Ridge would also harm ranching, farming and local communities
through increased fire risk(which damages forage for cattle and threatens lives and property),
damage to the local aquifer, visual impacts including a massive field of blinking red lights at
night, negative impacts on property values, increased invasive species, road construction,
restrictions on aviation(including wildland firefighting, range restoration and commercial
59 Roll Call Factba.se - Remarks: Donald Trump Holds a Cabinet Meeting at the White House -
July 8, 2025
24

aviation at the Jerome County airport), emergency communications through signal interference
and many others. The project would also damage Idaho's irreplaceable cultural and historic
resources including Wilson Butte Cave, the Minidoka National Historic Site and other important
resources. The harmful impacts of the Lava Ridge wind project would be compounded if other
large wind projects are forced down Idaho's throat by future federal Administrations.
SWIP-N would also harm Idaho ratepayers. Without federal permitting and investors to
finance new renewable energy projects, the SWIP-N will increase rates for Idaho consumers.
California ranks among the most expensive states for electricity, while Idaho ranks among the
least expensive. Given the significant price differential, Idaho's growing need for electricity and
lack of new wind generation in Idaho, SWIP-N will drive up electricity prices for Idaho
ratepayers by opening 1,000 MW of new north-to-south transmission to California, without any
corresponding new generation. In its FERC rate incentive filing, Great Basin stated that it plans
to send Pacific Northwest hydropower from Idaho to California via SWIP-N.60 In a study
commissioned by LS Power on SWIP-N, the Brattle Group found that, without new renewable
energy resources, "[fJor north-to-south flows, the marginal resources in the Northwest that are
likely to be available to increase generation include natural gas-fired power plants, large hydro
facilities, and(in future years) output from battery storage facilities. ,61
60 Direct testimony of Jinxiang Zhu, on behalf of Great Basin Transmission, at p. 2.,Attachment
J, Exhibit Nos. GBT 800-802: Direct Testimony and Exhibits of Jinxiang Zhu in ER25-2025.
61 Brattle Group, "Southwest Intertie Project—North: Independent Market Report," at p. 14.
Available at: h!tps://www.brattle.com/wp-content/uploads/2024/04/Southwest-Intertie-Pro?ect-
North-Independent-Market-Report.pdf
25

Significant Cost Increases. The SWIP-N has seen significant cost increases from $1.09
billion estimated in December 202362 to $1.23 billion estimated in April 2025. This marks a
$140 million increase or roughly $10 million per month. With the impact of tariffs, costs will
likely increase putting more financial pressure on Idaho ratepayers.
2029 Construction Deadline— Scenario 3. Given the controversy surrounding the line,
there is a high risk for litigation, which may delay the construction past the early 2029
construction deadline outlined as scenario 3 by Idaho Power in its application. According to Mr.
Jared L. Ellsworth's direct testimony, "Idaho Power's understanding is that if SWIP-N does not
advance to construction by early 2029 ... GBT [Great Basin Transmission], as the owner of
SWIP-N in the TUA[Transmission Use Agreement], would have no rights beyond the Robinson
Summit substation (or SWIP-South). This makes any value associated with the SWIP-NProject
highlv uncertain beginning in 2029 unless GBT has commenced construction of the SWIP-North
prior to that time."(emphases added)63 There is potential for litigation in Idaho State Court
regarding Jerome County Planning and Zoning Commission's recent decision to issue a special
use permit for SWIP-N construction towers. Aggrieved parties have appealed the Commission's
decision to the Jerome County Board. A final decision by the Board would be subject to review
in Idaho State Court. As noted below, intervenors in the FERC proceeding could challenge a
final order by FERC in federal court.
62 California ISO Board Presentation, December 2023, at slide 6.
https://www.caiso.com/documents/decisiononsouthwestintertieproj ectnorth-presentation-
dec2023.pdf
63 Direct Testimony of Jared L. Ellsworth, Idaho Power Company, "Application for a Certificate
of Public Convenience and Necessity for an Ownership Interest in the Southwest Intertie Project-
North and Approval of the Utilization Capacity on the Line,"in IPC-E-25-08, at pp. 27-28.
26

Federal Energy Regulatory Commission—Rate Incentive Proceedings. Great Basin is
seeking an order from FERC to saddle ratepayers with 100% of abandonment costs and other
costs. In 2024, Great Basin Transmission requested a declaratory order from FERC approving
incentive rates for the SWIP-N line, including100%recovery of prudently incurred costs if the
Project is abandoned for reasons beyond Great Basin's control("Abandoned Plant Incentive") and
deferred recovery of prudently incurred pre-commercial costs through the creation of a regulatory
asset("Regulatory Asset Incentive").64 On February 25, 2025, FERC rejected Great Basin's
request for a declaratory order.65 On April 23, 2025, Great Basin filed a Section 205(d)
application with FERC to approve its tariff and rate incentives, including abandoned plant, pre-
commercial costs and a 50 basis point return on equity (ROE) adder for participating in a
Regional Transmission Organization/Independent System Operator.66 On June 20, 2025, Great
Basin submitted an amended tariff with FERC and requested expedited approval of the tariff and
rate incentives by July 21, 2025.67 Section 205(d) requires FERC to act upon the amended tariff
filing and rate incentive request by August 20, 2025 (60 days). Aggrieved parties have 30 days
to file a petition for rehearing to appeal FERC's decision. Following a final decision by FERC,
aggrieved parties could appeal to the D.C. Circuit Court of Appeals.
In a similar proceeding on incentive rates, FERC Commissioner Mark Christie strongly
criticized the Abandoned Plant Incentive and ROE adder as unfair for consumers: "[t]he Abandoned
Plant Incentive is nothing more than a transfer of wealth from consumers to transmission
64 Great Basin Transmission, LLC, ER-24-127
65 Great Basin Transmission, LLC, 190 FERC¶61,110.
66 Great Basin, LLC, ER25-2025-000
67 Great Basin, LLC, "Amendment to Tariff Filing,"ER25-2025-001
27

developers and risk from developers to consumers ... [t]he longer the Commission does nothing
to address these unfair transfers of wealth and risk, the more consumers are exploited."68
Further, the Abandoned Plant Incentive makes ratepayers: "the insurer of last resort as well. This
incentive allows transmission developers to recover from consumers the costs of investments in
projects that fail to materialize and thus do not benefit consumers... they receive no premiums
for the insurance they provide through the Abandoned Plant Incentive if the project is never
built... the Abandoned Plant Incentive is de facto insurance. ,69
Given pending decisions in the Trump Administration, it is highly likely that the Lava
Ridge project will be terminated and the Taurus, Salmon Falls and other wind projects in the
interconnection queue will remain in federal permitting limbo into 2029, after the federal
renewable energy tax credits phase out. Absent any showing by Idaho Power of new generation
in Idaho that would be surplus to electricity needs identified in its 2025 Integrated Resource
Plan, there is an unacceptably high risk of abandonment of the SWIP line, which would increase
electricity rates for Idaho ratepayers. Also, according to Commissioner Christie, "the RTO
participation adder, which increases the transmission owner's ROE above the market cost of
equity capital, is an involuntary gift from consumers. ,70
Conclusion: SLR asks the Commission to stand up for Idaho and deny the CPCN
application. The Commission can send a signal to California, the federal government and New
68 Commissioner Christie dissent in PPL Electric Utilities Corporation, PJM Interconnection,
L.L.C., ER24-2144, available at: https://www.ferc.gov/news-events/news/commissioner-
christies-dissent-ppls-abandoned-plant-incentive-er24-2144.
69 Id.
70 Id
28

York private equity: do not trample on Idaho. Idaho possesses its own sovereignty. Idaho is not
a political subdivision of California. If the California PUC wants wind energy, they can build it
in California and make their ratepayers pay for the transmission. The Commission can send a
signal to private companies that they can't waltz into Idaho with projects that undermine Idaho's
traditional land uses, farms,property rights, environment, cultural heritage and way-of-life.
Respectfully submitted on July 17, 2025.
Dean Dimond
29