20250915Confidentiality Challenge.pdf

September 15, 2025
RECEIVED
Megan Goicoechea Allen September 15, 2025
IDAHO PUBLIC
Donovan Walker
UTILITIES COMMISSION
Connie Aschenbrenner
Grant Anderson
Idaho Power Company
1221 W. Idaho St. (83702)
PO Box 70
Boise, Idaho 83707
VIA EMAIL TO:
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
cc: Intervenors &PUC Staff via email
RE: Protective Agreement in Case No. IPC-E-24-44
Dear Idaho Power Company:
As you know,the three individuals associated with Clean Energy Opportunities for Idaho ("CEO")
are parties to the Protective Agreement in this matter. Section 4(a) of the Protective Agreement
"establishes a procedure for the expeditious handling of information that a party claims is confidential"
and allows any party to "challenge the characterization of any information, document, data or study
claimed by the providing party to be a trade secret, proprietary or confidential information" by contacting
the providing party's counsel to attempt to resolve the issue.
This letter contains CEO's request to remove the confidential classifications on most of the data
included in the Excel workbook titled CONFIDENTIAL Workpaper- No Harm Analysis ("No-harm
analysis") and any subsequent version(s) of that workbook.We are hopeful that we can reach an
agreement.
1. CEO disputes the characterization of all data in the No-harm analysis as confidential.
In testimony Idaho Power Company presents the No-harm analysis to support allocating costs
associated with the incremental generation resources required to serve the incremental Micron Fab load
on an "embedded" cost basis. The contents of the No-harm analysis are thus fundamental in any
discussion of how these incremental costs are charged to non-Micron customers.
The uniquely large amount of Micron Fab-caused incremental costs, and how those costs are
allocated to Micron and other customers, is inherently a matter of substantial interest to the public. CEO
Letter- 1

asserts that applying the confidentiality restriction to the entire scope of the workbook is overly broad
and restricts public access to key information.
2. CEO acknowledges that the rate of growth in Micron Fab load could be considered a
protected trade secret.
The information in No-harm analysis that is related to the pattern of how the Micron Fab power
consumption increases during its ramp-up period could reveal economically valuable information about
Micron productive capacity to competitors. CEO acknowledges that it is reasonable to protect this
information as a trade secret.
To implement protection of that information, CEO is willing to accept that timing information
contained on Worksheet"Attachment 1" in the range of cells o11:o20 and u11:u20 and on Worksheet
"Load Ratio" in cells within the range of d6:e137, i6:i16 and k6:k16 can be characterized as confidential
and protected from public release. CEO asserts that information representing Micron Fab load values
summed over the entire analysis period does not rise to the level of a trade secret and should not be
deemed confidential.
3. CEO requests that Idaho Power remove the confidentiality characterization from the
remainder of the original workbook as well as any subsequently released versions of
related workbooks (such as that which was requested under a request for production
CEO recently submitted in this docket).
Given the above, CEO requests that the original workbook explaining the No-harm analysis be
re-released with only the above listed cell ranges redacted as confidential. CEO also requests that any
future no-harm analysis be made confidential only to the extent needed to protect information related to
the timing of Micron's load growth.
This No-harm analysis is vital to a thorough discussion of matters related to the allocation of
potentially billions of dollars of costs for incremental generation resources (and potentially for similar
transmission) expenditures. A careful delineation of the extent of confidential information in the
no-harm analysis workbooks is essential for a thorough and transparent analysis of the financial impacts
to non-Micron customers.
I look forward to your reply.
Hoping you are well,
t""
1
Kelsey Jae,Attorney for CEO
Letter- 2