20250818Comment_1.pdf

From: Dean Dimond <[e-mail]>
Sent:Wednesday, August 13, 2025 7:25 AM
To: secretary<[e-mail]>; [e-mail];
[e-mail]; [e-mail]; [e-mail]
Subject: Fwd: SWIP-N Supplemental Comments letter and Exhibit
"Dear Commission Secretary—Please find attached supplemental comments and exhibit
submitted by Stop Lava Ridge in IPC-25-08."

SUPPLEMENTAL 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)
August 13, 2025
As President of Stop Lava Ridge (SLR), Inc., an Idaho Corporation, I request the
Commission's consideration of these supplemental comments ("Supplemental Comments") to
oppose Idaho Power's application in this proceeding. In order to assist the Commission, these
Supplemental Comments provide updates on recent policy developments that occurred after
SLR's July 17, 2025 comments("SLR Comments") and respond to Idaho Power Company's July
31, 2025 reply("IPC Reply").
Procedural issues:
1. SLR respectfully requests that the Commission allow these supplemental comments be
included in the record of this proceeding, as they include new policy developments,
which will assist the Commission.
2. As requested in SLR's comments,' SLR respectfully restates its request that the
Commission amend its Notice of Modified Procedure (Order 36630) in this proceeding to
reopen the public comment period. SLR suggests that the comment period be reopened
until Wednesday, October 15, 2025. If granted, this will give the public more time to
provide information to the Commission regarding issues directly related to necessity and
convenience. These issues include: a decision by the Federal Energy Regulatory
' SLR comments at p. 4.
1

Commission (FERC) relating to abandoned costs and other rate incentives for the SWIP-
N which is expected on or around August 20, 2025, followed by a thirty-day period for
aggrieved parties to file a Petition for Rehearing; Internal Revenue Service guidance
relating to federal renewable energy tax credits which is expected on or around August
21, 2025 (within 45 days as directed by President Trump's July 7, 2025 Executive Order);
Jerome County Commissioners appeals hearing on special use permits for SWIP-N
transmission towers scheduled for September 22, 2025; pending litigation in the Ninth
Circuit Court of Appeals challenging the Federal Aviation Administration's "no hazard"
determinations for the Lava Ridge wind project(State ofldaho a FAA,2 which is stayed
until September 26, 2025, and Wind Turbine Petitioners a FAA,3 which is separate from
the State's lawsuit); implementation of the Secretary of Interior's Orders#3437 and
#3438 which directs U.S. Department of the Interior(DOI) agencies to provide
recommendations, by certain dates in September 2025, on policy and regulatory changes
to end preferential treatment of renewable energy projects; and additional information on
DOI and federal policy decisions with direct bearing on this proceeding.
3. In the event the Commission reopens the public comment period, SLR respectfully
restates its request that the Commission hold a public hearing to seek public input
regarding public convenience and necessity and proposed conditions.4 If the request to
amend the Order#36630 is granted, SLR recommends that a hearing be scheduled in
October 2025. Given the myriad of pending decisions relating to the SWIP-N project and
2 Case Number 24-5488.
3 Case Number 24-6108.
4 SLR Comments at 3-4.
2

changes in federal policy occurring daily, a public hearing would provide the
Commission with the latest information to supplement written comments and provide
information regarding proposed conditions, as proposed by SLR.S
Summary: If approved, Idaho Power's participation in SWIP-N would provide a key
financing milestone for the project. Idaho Power asks the Commission to consider SWIP-N
through the very narrow lens of Idaho Power's interest in approximately 23% of the line, while
ignoring SWIP-N's harm it would cause to Idaho. Rather than demonstrating necessity and
convenience for the entire project as required by Idaho law,6 Idaho Power requests the
Commission to consider the project through narrow lens of periodic cold spells and need for
solar electricity in the winter. Because SWIP-N is a"wind-by-wire,"policy-driven project
designed primarily to provide California with 1,000 MW of wind from Idaho, the Commission is
encouraged to deny the application, or impose conditions, as recommended by SLR.'
Necessity—Recent Policy Developments. Following the submission of SLR's Comments,
additional information became available relating to the federal government's policies to sharply
limit renewable energy production on both federal and non-federal land, which undermines the
necessity for the entire SWIP-N line. As required by President Trump's July 7, 2025 Executive
Order(E.O. 14156), entitled"Ending Market Distorting Subsidies for Unreliable, Foreign-
5 SLR Comments at 2-3.
6 Idaho Code 62-526.
7 SLR Comments at pp. 2-3.
3

Controlled Energy Sources,"8 the Department of the Interior(DOI) took steps to stop the Lava
Ridge wind project and limit federal permitting and approvals for wind and solar projects on
both federal and non-federal lands in July and August.
Secretarial Review of Routine Permitting Actions. On July 15, 2025, the Office of the
Secretary of the Interior required routine permitting and regulatory actions be approved by the
Office of the Secretary.9 Secretarial approval of routine administrative actions will impact
projects on both federal and non-federal lands, as federal wildlife laws require U.S. Fish and
Wildlife Service approvals for wind projects that impact migratory birds, eagles and other
8 President Donald J. Trump, Executive Order, available at: Ending Market Distorting Subsidies
for Unreliable, Foreign-Controlled Energy Sources—The White House. Section 4(a) states:
Within 45 days following enactment of the One Big Beautiful Bill Act, the Secretary of the
Interior shall conduct a review of regulations, guidance, policies, and practices under the
Department of the Interior's jurisdiction to determine whether any provide preferential
treatment to wind and solar facilities in comparison to dispatchable energy sources. The
Secretary of the Interior shall then revise any identified regulations, guidance, policies, and
practices as appropriate and consistent with applicable law to eliminate any such preferences
for wind and solar facilities."
9 U.S. Department of the Interior, "Interior Ends Preferential Treatment for Unreliable, Subsidy-
Dependent Wind and Solar Energy: New directive elevates review of wind and solar projects,
ends subsidies under One Big Beautiful Bill Act,' dated July 17, 2025. Available at: Interior
Ends Preferential Treatment for Unreliable, Subsidy-Dependent Wind and Solar Energy I U.S.
Department of the Interior. The DOI press release states: "All Department-related decisions and
actions concerning wind and solar energy facilities will undergo elevated review by the Office of
the Secretary, including leases, rights-of-way, construction and operation plans, grants,
consultations and biological opinions. This enhanced oversight will ensure all evaluations are
thorough and deliberative. `Today's actions further deliver on President Trump's promise to
tackle the Green New Scam and protect the American taxpayers' dollars,' said Acting Assistant
Secretary for Lands and Minerals Management Adam Suess. `American Energy Dominance is
driven by U.S.-based production of reliable baseload energy, not regulatory favoritism towards
unreliable energy projects that are solely dependent on taxpayer subsidies and foreign-sourced
equipment."' A copy of the July 15, 2025 Memorandum is available here:
https://www.doi.gov/media/document/departmental-review-procedures-decisions-actions-
consultations-and-other.
4

species on non-federal land.10 The new policy, which is in effect, has created a bottleneck in the
Office of the Secretary severely limiting approvals for new wind and solar projects in Idaho and
the Desert Southwest, which would be served by SWIP-N bidirectional transmission capacity.
In addition to impacting new renewable energy projects to meet Idaho Power's projected
load growth in its 2025 Integrated Resource Plan (IRP),11 this new policy will severely limit
CAISO's ability to access Idaho wind energy to support its proposed 1,117.5 MW of north-to-
south transmission.12
Secretary's Order to End Preferential Treatment of Renewable Energy. In addition to
requiring review of routine actions, Secretary of the Interior Burgum issued a Secretary's Order
#3437 (S.O. 3437), on July 29, 2025, entitled"Ending Preferential Treatment for Unreliable,
Foreign Controlled Energy Sources in Department Decision-Making."13 As required by the July
10 Endangered Species Act, Migratory Bird Treaty Act and Bald Eagle and Golden Eagle
Protection Act.
11 Idaho Power, "2025 Integrated Resource Plan (IRP)."The IRP proposes new renewable energy
sources including 1,445 MW of solar, 885 MW of battery storage and 700 MW of wind at p. 1.
Available at:
http s:Hdoc s.idahopower.com/pdfs/AboutUs/Plannin gForFuture/2025IRP/2025%20IRP%20Final.
pdf•
12 Politico, "'Final nail:' Trump administration memo could strike fatal blow to wind and solar
power," dated July 18, 2025, available at: https://www.politico.com/news/2025/07/18/definitely-
playing-favorites-interior-memo-could-strike-dire-blow-to-wind-and-solar-projects-00460801.
According to American Clean Power, "... this directive adds three new layers of needless process
and unprecedented political review to the construction of domestic energy projects. The
Secretary of the Interior will apparently now be personally reviewing thousands of documents
and permit applications for everything from the location and types of fences to the grading of
access roads on construction sites across the country," dated July 17, 2025. Available at:
https:Hcleanpower.org/news/acp-statement-on-lengthy-new-review-procedures-from-doi-for-
solar-and-wind/
13 U.S. Department of the Interior, "Department of the Interior Curbs Preferential Treatment for
Wind Energy," dated July 29, 2025. "These changes are part of a broader America First energy
5

7, 2025 Executive Order(E.O. 14156) and Day One Presidential Memorandum on wind projects,
S.O. 3437 is designed to end"special treatment for unreliable energy sources, such as wind. This
includes evaluating whether to stop onshore wind development on some federal lands ...The
Department will also study how constructing and operating wind turbines might affect migratory
bird populations."14 The Order directs that Interior leadership provide recommendations and
assessments to the Secretary by the end of September 2025 (within 45 and 60 days).
Secretary's Capacity Density Order. On August 1, 2025, Secretary Burgum signed
Secretary's Order#3438 (S.O. 3438) imposing a new"capacity density"requirement when
considering new permits for energy projects on federal land. The goal of this order is to block
renewable energy projects with low-capacity density, which is calculated based on the project's
acreage footprint and nameplate generation capacity. 15 The purpose of S.O. 3438 is to
strategy focused on affordability, reliability, and accountability for the American people. As part
of efforts to support a stable power grid and elevate local voices, the Department will improve
consultation with tribes, local communities, and the fishing industry regarding offshore wind
projects. The latest reforms aim to ensure that energy development reflects local land-use
priorities and community values. `These policy changes represent a commonsense approach to
energy that puts Americans' interests first,' said Secretary Doug Burgum. `Leveling the playing
field in permitting supports energy development that's reliable, affordable, and built to last.
We're also making sure tribes and local communities have a real seat at the table. This move is
about responsible energy growth that works for every American."'Available at:
https://www.doi.gov/pressreleases/department-interior-curbs-preferential-treatment-wind-energy.
Secretary's Order 3437 is available at: h!tps://www.doi.gov/document-library/secretary-order/so-
3437-ending-preferential-treatment-unreliable-foreign
14 Id
15 U.S. Department of the Interior, "Secretary Burgum Announces Order to Rein In
Environmentally Damaging Wind and Solar Projects," dated August 1, 2025. Available at:
https://www.doi.goy/pressreleases/secretary-burgum-announces-order-rein-environmentally-
damaging-wind-and-solar. "In accordance with existing law and President Donald J. Trump's
energy executive orders, the Department will now consider proposed energy project's capacity
density when assessing the project's potential energy benefits to the nation and impacts to the
environment and wildlife. This order directs the Department to permit only energy projects that
are the most appropriate use of the federal land and resources. `Gargantuan,unreliable,
6

"efficiently manage our nation's energy resources by permitting projects that optimize energy
generation while minimizing their environmental impact. Massive, unreliable energy projects,
such as wind and solar, are inefficient uses of federal lands when compared to other energy
sources with much smaller footprints, like nuclear, gas and coal."16 The Order defines capacity
density as "as the nameplate generation capacity of an energy project multiplied by its projected
capacity factor, the product of which is then divided by the total acres of the project area."17
Migratory Bird and Eagle Protection Acts. According to media accounts, DOI is also
working to enforce the Migratory Bird Treaty Act and Bald and Golden Eagle Protection Act
(BGEPA) relating to both proposed and existing wind projects.18 A DOI August 4, 2025 memo
intermittent energy projects hold America back from achieving U.S. Energy Dominance while
weighing heavily on the American taxpayer and environment,' said Secretary of the Interior
Doug Burgum. `By considering energy generation optimization, the Department will be able to
better manage our federal lands, minimize environmental impact, and maximize energy
development to further President Donald Trump's energy goals. This commonsense order
ensures our nation is stronger, our land use is optimized, and the American people are properly
informed."'
16 Id.
"Secretary's Capacity Density Order#3438, entitled"Managing Federal Energy Resources and
Protecting the Environment," dated August 1, 2025.Available at: bttps://www.doi.gov/document-
library/secretary-order/so-3438-managing-federal-energy-resources-and-protecting. The Order
states: "[b]ased on common sense, arithmetic, and physics, wind and solar projects are highly
inefficient uses of Federal lands. On a technology-neutral basis, wind and solar projects use
disproportionate Federal lands relative to their energy generation when compared to other energy
sources, like nuclear, gas, and coal. For instance, based on data from the U.S. Energy
Information Administration, one advanced nuclear plant(2 x AP 1000)produces 33.17 megawatts
(MW) per acre, while one offshore wind farm produces approximately 0.006 MW/acre, which is
approximately 5,500 times less efficient than one nuclear plant. See Appendix. Thus, when there
are reasonable alternatives that can generate the same amount of or more energy on far less
Federal land, wind and solar projects may unnecessarily and unduly degrade Federal lands."
18 Energywire, "Interior demands eagle data from wind developers: Supporters of renewable
energy say the Trump administration could use the records to take action against wind energy
projects,"dated August 12, 2025. Available at:
https:Hsubscriber.politicopro.com/article/eenews/2025/08/12/interior-demands-eagle-data-from-
7

directed the Assistant Secretary of the Interior for Fish, Wildlife and Parks, who oversees the
U.S. Fish and Wildlife Service, to step up enforcement of BGEPA and to "refer violations of the
Act to the Solicitor's office and ... referral to the Justice Department for criminal/civil
penalties."19
Lava Ridge wind project termination. As directed by President Trump's Day One
Presidential Memorandum, the Department of Interior completed its review of the Lava Ridge
wind project. Based on the review, DOI terminated LS Power's Lava Ridge wind project on
August 5, 2025.20 Specifically, DOI canceled the BLM's December 5, 2024 right-of-way
authorization and canceled and terminated the December 20, 2024 right-of-way grant to Magic
Valley Energy, a subsidiary of LS Power.21
wind-developers-00504042. See also: High Country News, "The Trump team sets double standard
on migratory bird rules: The administration said it will go hunting for cases of wind energy
companies unintentionally killing migratory birds— something it has long argued is not a
violation of federal law," dated August 7, 2025. Available at: https://www.hcn.org/articles/the-
trump-team-sets-double-standard-on-mi rrg atory-bird-rules/
19 Heatmap News, "Interior Department Targets Wind Developers Using Bird Protection Law: A
new letter sent Friday asks for reams of documentation on developers' compliance with the Bald
and Golden Eagle Protection Act," dated August 11, 2025. Available at:
https://heatmap.news/sparks/interior-eagles-wind
20 U.S. Department of the Interior, "Interior Department Moves to Cancel Reckless Biden-era
Approval of Lava Ridge Wind Project,"press release dated August 6, 2025. Available at:
https://www.doi.gov/pressreleases/interior-department-moves-cancel-reckless-biden-era-
aIpproval-lava-ridge-wind-proec. "Under President Donald Trump's bold leadership, the
Department is putting the brakes on deficient,unreliable energy and putting the American people
first," said Secretary of the Interior Doug Burgum. "By reversing the Biden administration's
thoughtless approval of the Lava Ridge Wind Project, we are protecting tens of thousands of
acres from harmful wind policy while shielding the interests of rural Idaho communities. This
decisive action defends the American taxpayer, safeguards our land, and averts what would have
been one of the largest, most irresponsible wind projects in the nation."
21 U.S. Department of the Interior, "Decision-Right-of-way Grant-IDID105841803," dated
August 5, 2025.
8

In its reply, Idaho Power misleads the Commission by stating that the Lava Ridge and
Salmon Falls wind projects are "entirely independent" of the SWIP-N project.22 In its comments
to CAISO in support of SWIP-N, LS Power expressly links "out-of-state" (OOS) wind
generation in Idaho with the SWIP line for sale to California Load Serving Entities (LSE): "LSE
interest in OOS resources and discussions among LSE's and [California] OOS generators may
not yet have matured due to the lack of, and uncertainties around, transmission...many
generators have begun developing projects in anticipation of transmission getting built out in the
future, so that once the transmission is available they will be positioned to contract with LSEs. ,23
In its amended Tariff application presented to FERC on June 20, 2025, Great Basin Transmission
proposed debt and equity financing for the construction of the SWIP-N line which would require
tariff revenue from the north-to-south transmission from Lava Ridge, Salmon Falls or Taurus.24
On May 30, 2025, the CAISO Board of Governors approved its 2024-2025 Transmission Plan
which identifies the SWIP-N line to transmit 1,060 MW of Idaho wind energy to California via
the Harry Allen substation, at the southern terminus of SWIP. 25 Without Lava Ridge, Salmon
Falls and Taurus, the only proposed utility scale wind projects in Idaho, SWIP-N's primary goal
is no longer viable. To support its CPCN application and its claim that LS Power's wind projects
22 IPC Reply at¶ 19.
23 LS Power Development, LLC, "Comments on Accessing out-of-state wind resources
stakeholder call discussion on January 27, 2022,"2021-2022 Transmission planning process
available at California ISO -All comments and at Home, Recurring Processes, 2021-2022
Transmission planning process.
24 FERC, Docket ER25-2025-001.
25 CAISO, "2024-2025 Transmission Plan—Board Approved," dated May 30, 2025 at p. 20.
Available at: https://www.caiso.com/documents/iso-board-approved-2024-2025-transmission-
plan.pdf
9

are entirely independent from its transmission, SLR respectfully suggests that Idaho Power
examine its interconnection queue and provide a list of permitted projects with necessary
construction financing (if any) to assist the Commission's review of the necessity of SWIP-N.
There is no Idaho "wind fairy"that delivers fully-permitted and financed wind projects at night
to pay for SWIP-N.
With regard to new solar development in the Desert Southwest, Idaho Power points to
excess capacity in the winter in Nevada. However,Nevada Governor Lombardo sent a letter to
the Interior Department, dated August 4, 2025, expressing concern about DOI's recent decisions
in light of Nevada's 10 GW of projected new generation needed in the next ten years.26 Absent
any showing of necessity for the entire SWIP-N project(to transmit power in both directions),
the Commission is encouraged to deny the application. Idaho Code Section 61-526 requires that
the Commission approve the entire line, not a fractional interest.
Convenience. In its comments, SLR identified the significant risks to Idaho ratepayers
posed by the SWIP-N line.27 According to an LS Power-commissioned study by the Brattle
Group, the projected north-south SWIP-N transmission is greatest in the summer,28 which
26 A copy of the letter is available here: https://www.scribd.com/document/898721295/Letter-to-
WH-Interior-Secretary-NV-State-B LM-Director#from_embed
21 SLR Comments at p. 25.
28 The Brattle Group, "Figure 6:Average Number of Trades by Hour of Day and Month(2018-
2022)," Southwest Intertie Project—North: Independent Market Report, dated February 2021 at
p. 14. Available at: htips://www.brattle.com/wp-content/uploads/2024/04/Southwest-Intertie-
Proi ect-North-Independent-Market-Report.pdf
10

corresponds with Idaho's peak electricity demand to support pumping and irrigation.
am
■S-N■N-S
600
400
e 200
0
-200
♦oo
moo
1 2 3 4 5 6 7 8 9 10 11 12
Month
In its reply, Idaho Power states that it has full control over the output of company owned
resources and that it seeks to benefit Idaho's retail customers.29 However, Idaho Power's
application in this proceeding is evidence of its willingness to put its own narrow corporate
interest and the interests of out-of-state private equity investors and the State of California ahead
of Idaho's interests.
29 Idaho Power reply at¶ 19.
11

Based on the lessons learned from Lava Ridge, the threat is clear: future administrations
in Washington, D.C. will use the Supremacy Clause of the Constitution to force wind projects
down Idaho's throat to provide power to California via SWIP-N.30 Like Lava Ridge, out-of-state
renewable energy companies will find loopholes in federal land use planning or local zoning to
jam their projects through the approval process over Idaho's objections. If the Commission
grants the CPCN, out-of-state companies will seek to divide Idaho communities by finding local
collaborators who are willing to trade Idaho's interests and sovereignty for money. Even though
Idaho was admitted to the United States under the Equal Footing Doctrine of the Constitution on
par with California,31 Idaho Power now seeks Commission approval to build the SWIP-N line to
allow CAISO, the California Public Utilities Commission and State of California to turn
Southern Idaho into a massive red-light district with blinking aviation safety lights on wind
turbines seen across millions of acres. The Idaho Constitution defines the boundaries of Idaho
and does not include an exception for the State of California to control a transmission corridor to
Midpoint.sa
30 U.S. Constitution,Article VI, Clause 2 reads: "[t]his Constitution, and the Laws of the United
States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made,
under the Authority of the United States, shall be the supreme Law of the Land; and the Judges
in every State shall be bound thereby, any thing in the Constitution or Laws of any State to the
Contrary notwithstanding."
31 U.S. Constitution,Article IV, Section 3, Clause 1. The Idaho Admissions Act of 1890 states
that Idaho is "hereby declared admitted into the Union on an equal footing with the original
States in all respects whatever."
32 Idaho Constitution, Article XVII State Boundaries, Section 1.
12

Early 2029 construction deadline. In its reply, Idaho Power fails to explain the risks it
identified in Scenario 3, if SWIP-N if construction does not start by early 2029.33 With regard to
project risk generally, Idaho Power wrongly states that the "major federal permits" are secured.34
The Bureau of Land Management(BLM) has not released the conditions on the SWIP-N
construction notice to proceed(NTP), which is a"major federal permit" and is necessary for
construction to begin. BLM is currently working to complete its Section 106 National Historic
Preservation Act compliance before it can remove stipulations and issue an unconditional NTR
See Exhibit 1 —Letters from the Bureau of Land Management regarding Section 106
compliance. Releasing the stipulations would constitute final agency action, subject to judicial
review in federal courts. Based on the recent Ninth Circuit Decision in Tohono O'odham Nation
et al. vs. the Department of the Interior, relating to the SunZia transmission line, litigation
challenging BLM's Section 106 compliance for the SWIP-N would not be barred by the statute
of limitations.31 Similar to the SWIP-N-Lava Ridge project, the SunZia wind project and
transmission line is designed to connect California with out-of-state wind from New Mexico.
In addition to blocking wind and solar projects, the Trump Administration has canceled a
federal loan commitment to finance the Grainbelt Express long-distance "wind-by-wire"
ss SLR Comments at p. 26, citing Jared Ellsworth's statement in Idaho Power's application that
under Scenario 3, "any value associated with the SWIP-N Project highly uncertain beginning in
2029 unless GBT has commenced construction of the SWIP-North prior to that time."
34 IPC Reply at¶8.
35 Tohono O'odham Nation et al. v United States Department of the Interior, Case No. 24-3659
(9th Cir. 2025)
13

transmission project,36 which is designed to bring wind energy from Kansas through Missouri to
out-of-state electricity markets in the Midwest.
In addition to failing to secure the NTP, Great Basin has not secured final approval from
Jerome County for special use permits to construct SWIP-N transmission towers. Aggrieved
parties have appealed a Jerome County Planning and Zoning Commission decision to issue the
permits to Great Basin Transmission. The Jerome County Board of Commissioners has
scheduled a hearing on September 22, 2025 to consider the appeal. The outcome could delay the
start of construction. A decision could also provide helpful information to the Commission to
assess convenience, as many of the factors in the Jerome County zoning ordinance (Chapter 7)
assess the impacts of SWIP-N on the public at large.37
36 U.S. Department of Energy, "Department of Energy Terminates Taxpayer-Funded Financial
Assistance for Grain Belt Express: The Department of Energy today announced the Loan
Programs Office has terminated its conditional commitment for the Grain Belt Express Phase 1
project," dated July 23, 2025. Available at: Department of Energy Terminates Taxpayer-Funded
Financial Assistance for Grain Belt Express I Department of Energy
37 Jerome County Ordinance Chapter 7.3 outlines these factors including:
"b. Be designed, constructed, operated, and maintained to be harmonious and appropriate in
appearance to the existing or intended character of the general vicinity. The proposed Use will
not change the essential character of the area.
c. Produce no hazard nor disturb the present neighboring uses.
d. Be served adequately by essential public facilities and services such as highways, streets,
police and fire protection, drainage structures, refuse disposal, water, sewers, and schools. If
such services are not already available in the area,the person or agent responsible for the
establishment of the proposed Use shall provide such services.
e. Not create excessive additional requirements at public cost for public facilities and services
and will not be detrimental to the economic welfare of the community.
f. Not involve uses, activities, processes, materials, equipment, conditions, or operations that will
be detrimental to any person or property, nor to the general welfare because of excessive
production of traffic, noise, smoke, fumes, glare, or odors.
g. Have vehicular approaches to the property which are designed to avoid the creation of
interference with traffic on surrounding public thoroughfares.
14

Conclusion: In order to approve Idaho Power's application, the Commission must
determine both necessity and convenience for SWIP-N in its entirety. Given the complete
shutdown of wind energy projects in Idaho and nationwide, there is no information in the record
to support a finding of necessity for the entire 100% capacity of the SWIP-N line. If the
Commission determines a need for approximately 23 percent of the line to offset rate increases
during brief cold weather events, any benefit is outweighed harmful impacts SWIP-N would
have on Idaho's ratepayers,businesses, way-of-life and sovereignty every day of the year for
decades. SLR requests that the Commission deny the CPCN because it would cause irreparable
and permanent harm to Idaho and violate the preamble to Idaho's Constitution which states:
"We, the people of the state of Idaho, grateful to Almighty God for our freedom, to secure its
blessings and promote our common welfare do establish this Constitution."
Respectfully submitted on August 13, 2025.
Dean Dimond
President
Stop Lava Ridge, Inc.
cc: Donovan Walker, Idaho Power
Tim Tatum, Idaho Power
Rep. David Leavitt
Exhibit 1 —BLM letters regarding Section 106 compliance
h. Not result in the destruction, loss of, nor damage to a natural, scenic, or historic feature."
15

NT Op l
6
p United States Department of the Interior
tf9ROH 3;�a9 BUREAU OF LAND MANAGEMENT
Elko District Office
3900 East Idaho Street
Elko,Nevada 89801
[phone]
In Reply Refer To: FLB1. 32125
8100(LLNVE03000)
NVN-049781;NVN-085211; IDI-026446
CERTIFIED MAIL: 9171 9690 0935 0304 8915 30 RETURN RECEIPT REQUESTED
Hanako Wakatsuki-Chong
Japanese American Museum of Oregon
411 NW Flanders Street
Portland,OR 97209
SUBJECT: Re-Initiating Consultation for the Southwest Intertie Project North.
Dear Ms. Wakatsuki-Chong:
The Bureau of Land Management,Wells,Bristlecone, and Burley Field Offices are in the process of
issuing a Notice to Proceed(NTP) for construction of the Southwest Intertie Project North(Project)
submitted by LS Power Development,LLC(Proponent). The BLM initially issued an NTP with certain
stipulations in 2010;because these stipulations were not completed,the BLM is working with the
proponent to ensure that the stipulations are completed before an NTP for construction is authorized. The
Project is a 280-mile long(203 miles in Nevada, 77 miles in Idaho) single-circuit,overhead, 500 kilovolt
(kV) electric transmission line that will cross a combination of public lands owned and administered by
the BLM and privately owned lands in Nevada and Idaho.
In Nevada, approximately 180 miles will cross BLM lands and 23 miles will cross private lands. In
Idaho, 46 miles will cross BLM lands while 31 miles will cross private lands(see Enclosure 1). The
Project will cross BLM lands administered by the Elko, Ely, and Twin Falls District Offices. The BLM
has determined that the project is an undertaking under Title 54 U.S.C. § 300101, et. seq., commonly
known as the National Historic Preservation Act of 1966, as amended(NBPA), and Title 54 U.S.C. §
306108, commonly known as Section 106 of the NHPA(Section 106)and its implementing regulations at
36 CFR 800.
The BLM is responsible for issuing NTPs for facilities proposed to be constructed and operated on public
lands under their jurisdiction. The BLM has determined that the Elko District Office will act as the Lead
federal agency for the NHPA review. The Elko District Office will follow the procedures at 36 CFR§
800.3 to 800.7 to comply with Section 106 of the NHPA. Originally,the NHPA responsibilities were
going to be met using a Programmatic Agreement(PA)signed in 1990. The PA was updated in 2010 but
it expired in 2020. As such,BLM has determined that following the regulations rather than developing a
new or amended PA is most appropriate.
INTERIOR REGION 10•CALIFORmA-GREAT BASIN
CALIFORNIA', NEVADA*,OREGON*
'PARTIAL

Area of Potential Effects and Identification Efforts
The BLM would like to summarize its activities to date including future plans to consider the effects of
the undertaking on historic properties.
Pursuant to 36 CFR§ 800.4(a)(1),the BLM consulted with the NV State Historic Preservation Office
(SHPO)to determine the Direct and Indirect Areas of Potential Effects(APEs). The Direct APE is
defined as a 200-foot-wide ROW corridor while the Indirect APE is defined as a 6-mile-wide corridor, 3
miles on either side of the Project centerline(see Enclosure 1).
In consultation with the SHPO and Advisory Council on Historic Preservation(ACHP),the BLM has
determined that both public land and privately owned land within the APEs will be considered under the
Section 106 process. The BLM required completion of a Class III inventory of the Direct APE. The
inventory was completed in November 2023 with the resulting documentation(IMACS and inventory
report) sent to the SHPO for concurrence on BLM's NRHP eligibility determinations and proposed
project effect. The proponent will complete a Class I inventory of the Indirect APE and inspect
Government Land Office maps and other historic maps that might suggest the presence of resources that
could be adversely affected by the Project. Historic properties within the Indirect APE that have the
potential to be adversely indirectly affected will be subject to further analysis, such as field visits and
potential visual simulations,to determine the precise nature of those effects within the APES.
The intent of this letter is to re-initiate consultation under Section 106. The BLM sent you an initial
consultation letter dated January 28, 2022(see Enclosure 2), and again requests any information you'd
like to provide.
We appreciate your attention to this request. If we can provide any additional information or address any
questions regarding the Project,please contact Wells FO archaeologist Andrew Monastero at(775) 753-
0245, or via email at [e-mail]. We look forward to your response.
Sinc rely,
Jared Bybee
District Manager
Elko District Office
Enclosures

00
N O D
^
CL
v a �
$m R ♦ a
m �
H S
0 0
" rt
A O
O �
N -
O a
N
�h t
R O ol
Z y :lac - tµ \ _ �.tti`� S \;•.. - .
soo
22
0
10

2 _
NT Op
United States Department of the Interior
Ao_
3 y
BUREAU OF LAND MANAGEMENT
4q H a age Elko District
3900 E Idaho St
Elko,Nevada 89801
Phone:[phone] Fax:[phone]
https://www.bim.gov/nevada
In Reply Refer To: JAM 2 8 20
NVN-049781
NVN-085211
IDI-026446
Lynn Fuchigami Parks
Japanese American Museum of Oregon
SUBJECT: INITIATING PUBLIC CONSULTATION FOR THE SOUTHWEST INTERTIE PROJECT
NORTH
Dear Lynn Fuchigami Parks,
The Bureau of Land Management(BLM), Wells,Bristlecone,and Burley Field Offices are in the process
of issuing a Notice to Proceed (NTP) for construction of the Southwest Intertie Project North (Project)
submitted by LS Power Development,LLC. The BLM initially issued an NTP with certain stipulations for
this project in 2010;because these stipulations were not completed,the BLM is working with the proponent
to ensure that the stipulations are completed before an NTP for construction is authorized. The Project is a
280-mile long(203 miles in Nevada,77 miles in Idaho)single-circuit,overhead,500 kilovolt(kV)electric
transmission line that will cross a combination of public lands owned and administered by the BLM and
privately owned lands in Nevada and Idaho.
In Nevada, approximately 180 miles will cross BLM lands and 23 miles will cross private lands (see
attached map). In Idaho, approximately 46 miles will cross BLM lands and 31 miles will cross private
lands(see attached map). The Project will cross BLM lands administered by the Elko,Ely,and Twin Falls
District Offices. The BLM has determined that the Project is an undertaking under Title 54 U.S.C.§300101,
et. seq., commonly known as the National Historic Preservation Act of 1966, as amended(NHPA), and
Title 54 U.S.C. §306108,commonly known as Section 106 of the NHPA(Section 106)and its implemented
regulations at 36CFR800.
The BLM is responsible for issuing NTPs for facilities proposed to be constructed and operated on public
lands under their jurisdiction. The BLM has determined that the Elko District Office will act as the Lead
federal agency for the NHPA review. The Elko District Office will follow the procedures at 36CFR800.3
to 800.7 to comply with Section 106 of the NHPA. Originally,the NHPA responsibilities were going to be
met using a Programmatic Agreement(PA)signed in 1990. The PA was updated in 2010 but it expired in
2020. As such, BLM has determined that following the regulations rather than developing a new or
amended PA is most appropriate.
Area of Potential Effects and Identification Efforts
We would like to summarize the activities to date that the BLM has taken and plans to take in the future to
consider the effects of the undertaking on historic properties.
The Elko District has coordinated with the Project proponent to define the initial boundaries of Direct
INTERIOR REGION 10 • CALIFORNLA-GREAT BASIN
CALIFORNW, NEVADA*, OREGOW
PARTIAL

2
Effects and Indirect Effects Areas of Potential Effects (APEs) in which the BLM plans to focus
identification efforts. The BLM is in consultation with Nevada and Idaho State Historic Preservation
Offices on the following proposed APEs:
• A Direct Effects APE boundary defined as the 200-foot-wide ROW corridor.
• An Indirect Effects APE boundary defined as a 6-mile-wide corridor,3 miles on either side of the
Project centerline(see attached map). The Indirect Effects APE boundary proposal is based on the
proposed Project description,local terrain characteristics,and past field research and mathematical
principles detailed in Pay et al. (2020), "Defining a Visual Area of Potential Effects to Historic
Properties on BLM Lands in Nevada".
The Bureau has determined that both public land and privately owned land within the APES will be
considered under the Section 106 process. The proponent will complete a literature review of the entire 6-
mile wide Visual Effects corridor and inspect Government Land Office maps (GLOs) and other historic
maps that might suggest the presence of resources that could be adversely affected by the Project. Within
the Direct Effects APE, the BLM has determined that a Class III inventory is appropriate. Historic
properties within the Indirect Effects APE that have the potential to be adversely indirectly affected will be
subject to further analysis,such as visual simulations,to determine the precise nature of those affects within
the APES.
There are segments of the alignment that are Congressionally directed re-routes(see attached maps). These
segments are exempt from analysis under the National Environmental Planning Act(NEPA)and the NHPA;
as such,the BLM does not have the authority to consult on these segments.
This letter is to notify you of the Project and to initiate consultation under Section 106. The Wells FO is
formally requesting any information you would like to provide.
We appreciate your attention to our request. If we can provide any information or address any questions
regarding the Project,please do not hesitate to contact Wells FO archaeologist Stephanie Jeffries at(775)
753-0358,or via email at sieffries(a,bhn.gov. We look forward to your response.
Sincerely,
Gerald Dixon
District Manager
Elko District Office