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Home My WebLink About20250919PETITION.pdf NAIQAHO POVERao DONOVAN WALKER Lead Counsel dwalkerC�idahopower.com RECEIVED September 19, 2025 IDAHO PUBLIC September 19, 2025 UTILITIES COMMISSION VIA ELECTRONIC FILING Commission Secretary Idaho Public Utilities Commission 11331 W. Chinden Blvd., Bldg 8, Suite 201-A (83714) PO Box 83720 Boise, Idaho 83720-0074 Re: Case No. IPC-E-25-28 Petition of Idaho Power Company to Withdraw Certificate No. 559, Inclusive of the Build Transfer Agreement and Power Purchase Agreement for the Jackalope Wind Project Approved by Order No. 36659 Dear Commission Secretary: Attached for electronic filing is Idaho Power Company's Petition to Withdraw Certificate No. 559 in the above-referenced matter. Also attached is a Protective Agreement. The confidential attachment will be sent to the parties who execute the Protective Agreement. If you have any questions about any of the aforementioned documents, please do not hesitate to contact me. Very truly yours, Donovan E. Walker DEW:sg Attachments 1221 W. Idaho St(83702) P.O. Box 70 Boise, ID 83707 CERTIFICATE OF ATTORNEY ASSERTION THAT INFORMATION CONTAINED IN AN IDAHO PUBLIC UTILITIES COMMISSION FILING IS PROTECTED FROM PUBLIC INSPECTION Petition to Withdraw Certificate No. 559, Inclusive of the Build Transfer Agreement and Power Purchase Agreement for the Jackalope Wind Project Approved by Order No. 36659 Case No. IPC-E-25-28 The undersigned attorney, in accordance with Commission Rules of Procedure 67, believes that Attachment 1 to Idaho Power Company's Petition to Withdraw Certificate No. 559, dated September 19, 2025, may contain information that Idaho Power Company and a third party claim is a confidential trade secret, business records of a private enterprise required by law to be submitted or to be inspected by a public agency, and/or public records exempt from disclosure by state or federal law (material nonpublic information under U.S. Securities and Exchange Commission Regulation FD) as described in Idaho Code§ 74-101, et seq., and/or§48-801, et seq. As such, it is protected from public disclosure and exempt from public inspection, examination, or copying. DATED this 19t" day of September 2025. Donovan Walker Counsel for Idaho Power Company DONOVAN WALKER (ISB No. 5921) LISA C. LANCE (ISB No. 6241) Idaho Power Company 1221 West Idaho Street (83702) P.O. Box 70 Boise, Idaho 83707 Telephone: (208) 388-5317 Facsimile: (208) 388-6936 dwalker idahopower.com Ilance(o)_idahopower.com Attorney for Idaho Power Company BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE PETITION OF ) IDAHO POWER COMPANY TO WITHDRAW ) CASE NO. IPC-E-25-28 CERTIFICATE NO. 559, INCLUSIVE OF ) IDAHO POWER'S PETITION TO THE BUILD TRANSFER AGREEMENT AND WITHDRAW CERTIFICATE NO. POWER PURCHASE AGREEMENT FOR ) 559 THE JACKALOPE WIND PROJECT ) APPROVED BY ORDER NO. 36659 ) Idaho Power Company ("Idaho Power" or "Company") in accordance with Idaho Code §§ 61-501 , 61-502, 61-503, 61-508, and 61-526 hereby respectfully submits to the Idaho Public Utilities ("Commission") this application to withdraw Certificate Number 559 and withdraw Approval of the Power Purchase Agreement between Idaho Power and Jackalope Wind, LLC, issued by the Commission on July 23, 2025, in the Matter of Idaho Power Company's Application for Approval of a Power Purchase Agreement ("PPA) with Jackalope Wind, LLC, and a Certificate of Public Convenience and Necessity ("CPCN") for the Jackalope Wind Project. PETITION TO WITHDRAW CERTIFICATE NO. 559 - 1 The Company submits that the withdrawals requested by this application are in the public interest. (. BACKGROUND 1. On December 27, 2024, Idaho Power filed an Application for Approval of a PPA and a CPCN in accordance with Idaho Code §§ 61-501 , 61-502, 61-503, 61-508, 61- 526; as well as Rule of Procedures ("RP") 52, 112, and 201. The 35-year PPA between Jackalope Wind, LLC and Idaho Power would supply approximately 300 megawatts ("MW") to the Company's system. The CPCN allowed Idaho Power to acquire ownership in a wind turbine generator power plant providing approximately 300 MW of generation (for a combined total of 600 MW of nameplate generation). The Company negotiated the Jackalope Wind PPA and ownership in the wind turbine generator power plant, collectively referred to as the "Jackalope Project," to help meet its obligation to provide safe, reliable service to its customers starting in 2027. 2. In September of 2022, Idaho Power began the Resource Procurement Process ("RFP") under Idaho Law and the Oregon Procurement rules' to ensure Idaho Power would meet its energy and identified capacity needs in 2026 and 2027. Upon conclusion of the approximately 15-month mandated competitive bidding rule-complaint process, the Company began negotiations with developers for the procurement of resources necessary to meet the 2027 capacity deficit. On October 29, 2024, Idaho Power executed agreements associated with the Jackalope Project, the most cost- effective project able to meet the June 1, 2027, commercial operation date. On June 27, 2025, the Commission issued Order No. 36659 approving the PPA and granting the Oregon Administrative Rule ("OAR") 860-089-0010 et seq. PETITION TO WITHDRAW CERTIFICATE NO. 559 - 2 CPCN. The Commission subsequently issued CPCN Certificate Number 559 on July 23, 2025. II. TERMINATION OF AGREEMENTS 3. The Commission-approved Build Transfer Agreement ("BTA") and Power Purchase Agreement ("PPA") for the Jackalope Project required commercial operation by June 2027. Subsequent to the Commission approval of the Jackalope Project in Order No. 36659 the developer was facing permitting delays and uncertainty around federal land use policies, therefore pushing the planned commercial operation date beyond 2027. While there is a possibility that the Jackalope Project will eventually be built, Idaho Power was relying on the 2027 commercial operation date to accommodate capacity deficits and must now pursue other generation options to meet near-term resource needs. 4. On September 4, 2025, Idaho Power and the Jackalope Project developer (Jackalope Wind II Holdings, LLC; Jackalope Wind, LLC; and Jackalope Wind II, LLC) entered into a Letter Agreement to terminate the BTA and PPA. The Letter Agreement is filed herewith as Confidential Attachment 1. To meet currently identified resource needs, Idaho Power must pursue other resource options by continuing to evaluate and pursue additional resources consistent with its Integrated Resource Planning process and evaluation methodologies used in its required competitive procurement processes to acquire least-cost, least-risk resources. PETITION TO WITHDRAW CERTIFICATE NO. 559 - 3 III. MODIFIED PROCEDURE 5. Idaho Power does not believe a hearing is necessary to consider the issues presented herein and respectfully requests the Application be processed under Modified Procedure; i.e., by written submissions rather than by hearing. RP 201 et seq. IV. COMMUNICATIONS AND SERVICE OF PLEADINGS 6. Communications and service of pleadings with reference to this Application should be sent to the following: Donovan E. Walker Tim Tatum Lead Counsel Vice President, Regulatory Affairs Idaho Power Company Idaho Power Company 1221 West Idaho Street (83702) 1221 West Idaho Street (83702) P.O. Box 70 P.O. Box 70 Boise, Idaho 83707 Boise, Idaho 83707 dwalker(a)_idahopower.com ttatum(a)_idahopower.com dockets(aD,idahopower.com V. CONCLUSION 7. Because of the uncertainties related to the federal permitting process associated with new wind development the Jackalope Project was delayed past Idaho Power's 2027 need for the resource. Idaho Power must pursue other available least- cost, least-risk resources that can meet the identified energy and capacity deficits on its system in order to continue to meet its obligation to serve customers. Consequently, the previously approved BTA and PPA for the Jackalope Project were terminated. The withdrawal of the Certificate No. 559 and approved PPA is now required and in the public interest as the Company must pursue other viable resources to meet currently identified deficits. Idaho Power respectfully requests that the Commission issue an order withdrawing Certificate No. 559 and the PPA approved by Order No. 36659. PETITION TO WITHDRAW CERTIFICATE NO. 559 -4 DATED at Boise, Idaho this 191h day of September 2025. DONOVAN E. WALKER Attorney for Idaho Power Company PETITION TO WITHDRAW CERTIFICATE NO. 559 - 5 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION CASE NO. IPC-E-25-28 IDAHO POWER COMPANY CONFIDENTIAL ATTACHMENT NO. 1