20251001Comment_1.pdf

September 28, 2025
Monica Barrios-Sanchez
Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
Sent electronically to: [e-mail]
"Comments opposing Idaho Power's Application for Certificate of Public Convenience and
Necessity for an ownership interest in the SWIP-N transmission line and approval of the
Utilization of the Capacity of the Line in IPC-E-25-08"
Dear Secretary Barrios-Sanchez:
I write on behalf of Hidden Valley Organic, LLC, an Idaho Corporation and family-run
dairy,to oppose Idaho Power's application in IPC-E-25-08. I own and operate Hidden Valley
Organic as a full-time business, which is located at 1642 W. 1100 N, Paul, Idaho, 83347. Hidden
Valley Organic is a member of Stop Lava Ridge and supports the efforts of federal grazing
permittees and the Japanese American community to protect the Magic Valley from wind
projects. Hidden Valley Organic intervened in the Federal Energy Regulatory Commission
(FERC) proceeding to consider Great Basin Transmission's application for transmission rate
incentives in Docket#ER25-2025.
I respectfully request the Commission's consideration of my comments in this
proceeding. In order to assist the Commission, I ask the Commission to reopen the public
comment period. In addition,I ask that the Commission amend its Order 36630 to seek public
input in this proceeding at the public meeting scheduled in Twin Falls on October 27,2025 to
take testimony in the Idaho Power rate case, or schedule a separate public hearing in this
proceeding in Twin Falls. A public meeting would help the Commission assess convenience.
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My family farm is located in Hidden Valley,which is a small farming community that
runs north-to-south in Lincoln and Jerome Counties. Starting in 2020,LS Power proposed the
Lava Ridge wind project on federal lands located immediately east and west of Hidden Valley.
In December 2024,the Biden-Harris Administration approved the project with 241 wind turbines
as high as 660 feet surrounding the valley. The wind turbines would be double the height of the
Zions Bank Building(323 feet) in Boise, the tallest building in Idaho. The proposed wind
turbine blades exceed the wingspan of a Boeing 747,which would have damaging visual and
auditory impacts on my community. The BLM map below depicts the December 2024 Lava
Ridge right-of-way to construct wind turbines and associated transmission on BLM land which
would have devastating impacts on my family, business and community.
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While BLM approved a semi-circular setback to preserve sage grouse habitat on the east side of
Hidden Valley, BLM did not include a setback for family farms on the west side. (Hidden Valley
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Organic supports the proposed Minidoka Area of Critical Environmental Concern (ACEC)
shown in grey.) The Lava Ridge project has an interconnection agreement with Idaho Power to
connect at the Midpoint Substation, the northern terminus of LS Power's proposed SWIP-N
transmission line. LS Power is a private equity-company headquartered in New York City. It
also controls Great Basin Transmission(GBT) and GBT Northbound, which owns the SWIP-N
line and associated rights.
For over three years, I have spent countless hours and tens of thousands of dollars to
protect my family and business from the harmful impacts of Lava Ridge. Hidden Valley Organic
has joined with neighboring farmers and businesses to retain legal counsel to protect our property
and way-of-life from LS Power. Hidden Valley Organic is a petitioner challenging the Federal
Aviation Administration's (FAA) determinations of"no hazard"to aviation for the Lava Ridge
wind turbine towers. The Wind Turbine Petitioners v. FAA litigation is currently pending in the
Ninth Circuit Court of Appeals, along with the State of Idaho v. FAA, a related lawsuit. I've
attached a list of the Wind Turbine Petitioners to assist the Commission (Exhibit 1.) My
comments to the Commission are solely those of Hidden Valley Organic. In addition, Hidden
Valley Organic has hired an advisor to protest Great Basin's application for rate incentives
pending before FERC.
While the Trump Administration terminated LS Power's right-of-way for Lava Ridge in
August 2025, the threat to Hidden Valley remains. The California Public Utility Commission
(CPUC) Integrated Resource Plan(IRP) includes a requirement for 1.1 GW of Idaho wind
energy.' Accordingly, CAISO's 2025-2026 transmission planning process includes a target of
' California Public Utilities Commission. "Order Instituting Rulemaking to Continue Electric
Integrated Resource Planning and Related Procurement Processes: Decision Transmitting
Electricity Resource Portfolio to the California Independent System Operator for 2025-2026
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1.1 GW of Idaho wind energy to be delivered to the California market via SWIP-N. In addition,
Idaho Power appears to be"leaning toward"participation in CAISO's Extended Day-Ahead
Market (EDAM) which would further integrate Idaho with the California market. On September
19, 2025, Governor Gavin Newsom signed the Pathways Initiative bill (AB 825) into law to
authorize California to participate in a new Regional Organization which would oversee the
Western energy market. Coupled with the SWIP-N line,these new developments could harm
Hidden Valley and Southern Idaho.
Hidden Valley Organic encourages the Commission to deny the CPCN application to
protect Idaho from the harmful impacts of regional integration with California via the SWIP-N
line. While Idaho Power cites a four-day cold spell to support its CPCN application in this
proceeding, Hidden Valley would be subject to 365 days of harmful impacts from a future wind
project if SWIP-N is constructed to enable wind project developers to enter into power purchase
agreements with California entities.
Hidden Valley and Southern Idaho communities face significant threats from future BLM
wind projects if Idaho Power's application is approved. The BLM's 1994 Monument Resource
Management Plan(RMP) is grossly out-of-date and does not include protections for scenic
resources, as required by the Federal Land Policy and Management Act (FLPMA), which
governs the management of federal land. Because Southern Idaho lacks oil and gas resources,
the BLM has not prioritized updating the Monument RMP. Accordingly, the Monument RMP
lacks required Visual Resource Inventories and Visual Resource Management classes which
could protect local communities from harmful wind projects. LS Power exploited these
Transmission Planning Process."Decision# 25-02-026, dated February 20, 2025 in Rulemaking
20-05-003 at p. 60. Available at:
https://docs.cpuc.ca.gov/PublishedDocs/Published/G000/M557/K879/557879249.PDF
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weaknesses in the RMP to secure the Lava Ridge permit. Recent BLM staff cuts will further
reduce its ability to properly manage federal lands in coordination with local communities as
required by FLPMA.
Jerome and Lincoln Counties are currently developing ordinances to protect county
residents from harmful impacts of wind projects. In May 2025,the Jerome County Board passed
an emergency ordinance imposing a 180 day delay on approvals of renewable energy and Battery
Energy Storage System projects.2 To justify its decision, the County Ordinance cited Idaho Code
Section 67-6523,which"provides for the enactment of emergency ordinances if imminent peril
to the public health, safety, or welfare of the people exists." The Ordinance highlighted the
harmful impacts of large scale energy projects on Jerome County:
WHEREAS, over the course of the Lava Ridge proceedings, the Jerome County Board of
Commissioners held several meetings and heard from numerous constituents, as well as
from other public agencies. all of whom expressed concern with Jerome county's ability
to support energy plants of this nature and at this large scale, without jeopardizing the
health, safety, and general welfare of the citizens of Jerome County...
As a resident of Lincoln County, I have discussed the need for Lincoln County to adopt
protective zoning.
If the Commission grants the SWIP-N CPCN application and the project proceeds to
construction and is approved in an Idaho Power rate case, Idaho ratepayers will have to pay for a
transmission line that will have devastating impacts on ratepayers' quality of life and the public
interest. Rather than ratepayer funding for SWIP-N, the Commission could deny the application
and LS Power could utilize $331 million of federal funding awarded by the U.S. Department of
2 https://jeromecountyiail.org/DocumentCenter/View/4877/TEMPORARILY PROHIBITING-
THE-DEVELOPMENT OF-RENEWABLE-ENERGY PLANTS-AND-BATTERY ENERGY
STORAGE-SYSTEM-Ordinance2025-1001
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Energy through the Transmission Facilitation Program. This approach would minimize damage
to Idaho ratepayers, when they are facing a 13%rate increase in the pending rate case.
Idaho Power Misstatements. In its application, Idaho Power stated the SWIP-N is "near
shovel ready"and"significantly de-risked by the Project developer, with: (1) Major federal
permits secured."' However,this statement is contradicted by Idaho Power's FERC filings,
which highlight additional federal permits required for the SWIP-N. On September 5,2025,
Idaho Power and Great Basin Transmission requested FERC approvals in three related
proceedings: Idaho Power Filing of Participation and Joint Ownership Agreement under Section
205 (Idaho Power Filing),' Great Basin Transmission Certificate of Concurrence for Participation
and Joint Ownership Agreement,' and Idaho Power-Great Basin Transmission Joint Application
for Authorization under Section 203.' Idaho Power and Great Basin's September 5, 2025 FERC
filings reveal significant outstanding federal permit requirements, including: (1) the issuance of a
BLM Notice to Proceed for the SWIP-N line; (2) several BLM land use permits in and around
the Robinson Summit substation; (3) and BLM permits at the Burnt Springs Fixed Series
Capacitor site in Nevada. Any new federal permits will require compliance with the National
3 Ellsworth affidavit at p. 5.
' ER25-3372-001
5 ER25-3376-000
6 EC25-143-000
' Idaho Power, "Participation and Joint Ownership Agreement," at p. 127. "Schedule 2.
GBT/GBTN Governmental Approvals-Governmental Approvals Required for SWIP-North" lists
the following federal approvals needed: "Decision record/finding of no significant impact from
BLM for Robinson Summit. Substation expansion and 1.3 mile transmission line. 6. BLM right-
of-way grant for 1.3 mile transmission line. 7. BLM right-of-way grant amendment for
expansion of Robinson Summit Substation." See also: Id at p. 131. "The Burnt Springs site will
be located on a new BLM right-of-way currently being sought by GBT."
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Environmental Policy Act(NEPA) and Section 106 of the National Historic Preservation Act,
which will be subject to judicial review in federal court. Federal permitting delays and litigation
will push this project beyond the early 2029 construction deadline. Rather than a"de-risked"
project, SWIP-N is a high-risk project because of LS Power's involvement.
Jerome CogM permitting. LS Power has not secured special use permits from Jerome
County for SWIP-N. Building on the intense local opposition to the Lava Ridge wind project,
opponents of SWIP-N appealed the Jerome County Planning and Zoning Commission's decision
to issue special use permits for SWIP-N. The Jerome County Board of Commissioners plans to
meet on October 7, 2025 to consider the appeal.$
Idaho State Law—Comprehensive County Land Use Planning_ In addition,this "shovel
ready" project has not been included in county land use plans as required by Idaho State Law
(I.C.§67-6508(h))9 Jerome and Twin Falls County plans do not include this utility corridor in
their zoning plans.
8 KIVITV, "Jerome County delays decision on appeal to withdraw 30-year-old SWIP energy
transmission line permits: Residents challenge planning approval for Southwest Intertie Project
linking southern Idaho to Las Vegas, citing incomplete documentation and notification issues,"
dated September 23, 2025.Available at: hMs://www.kivitv.com/ierome/jerome-cogm dela�s-
decision-on-appeal-to-withdraw-30-year-old-swig-energy-transmission-line-permits
9 Subsection(h) requires the county land use plans to include "Public Services, Facilities,
and Utilities —An analysis showing general plans for sewage, drainage, power plant sites,
utility transmission corridors, water supply, fire stations and fire fighting equipment, health
and welfare facilities, libraries, solid waste disposal sites, schools, public safety facilities and
related services."
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Risk of cancellation. Hidden Valley Organic concurs with the Idaho Irrigation Pumpers
Association affidavit in this proceeding which identified significant risks to Idaho ratepayers,
including an overreliance on CAISO's control of SWIP-N:
If CAISO reduces its usage or withdraws from the project, the Company [Idaho Power]
could potentially have issues recovering the fixed costs of the SWIP-N line, potentially
leading to stranded capacity and higher per-unit transmission costs for remaining
ratepayers. There are also endemic market and regulatory risks: CAISO operates within a
dynamic regulatory environment, so changes to market rules,transmission tariffs, or
resource adequacy requirements could significantly impact its need for SWIP-N capacity.
This leads to exposure for the Company to potentially volatile cash flows if CAISO' s
transmission requirements change over time. Furthermore, if CAISO exits the project,the
Company [Idaho Power] would be forced to find replacement tenants at potentially lower
rates or absorb the financial impact itself, further increasing costs for ratepayers. 10
I respectfully request that the Commission deny the application to protect Idaho's public interest.
Denying the application would also benefit Idaho by sending a strong signal to LS Power and
other out-of-state interests: do not come to Idaho to sti•om -arm local communities and expect to
receive local and state approvals for projects designed to support California.
Respectfully s bmitted,
Perry Van Tassell
Managing Member
Hidden Valley Organic
cc: Donovan Walker, Idaho Power, dwalker a,idahopower.com
Tim Tatum, Idaho Power, ttatumr.&idahopower.com
Idaho Power, [e-mail]
Rep. David Leavitt
Dean Dimond, Stop Lava Ridge
10 Idaho Irrigation Pumpers Association, "Written Comments,"dated July 17, 2025,at p. 10-11 in
Idaho Public Utilities Commission, docket IPC-E-25-08. https://lf-
puc.idaho.gov/WebLink/DocView.aspx?dbid=0&id=149680
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Exhibit I —Wind Turbine Petitioners in FAA Lawsuit Challenging "No Hazard Determinations"
PERRY VAN TASSELL; MIKE TELFORD; BRET ANDERSEN; ADVANCED GUIDANCE,
LLC; ALL WIRELESS COMMUNICATIONS, LLC; JAKE BAILES; DAVID BATEMAN;
RANDY BAUSCHER; BRIAN BOGUE; GARY CARNEY; PAUL CARNEY; KORD
CARPENTER; CRAIG CHRISTIANSEN; CROP JET AVIATION, LLC; MARK DOERR;
D.L. EVANS BANK; JOHN V. EVANS,JR.; RANDY GILLETTE; RANDY GILLETTE
FARMS, INC. DB/A ROCKY RIDGE FARMS; DOUGLAS AND LAUREL GRANT; BLAKE
HANSEN; BRUCE HANSEN; ERIC HARPER; GERALD HEIMERDINGER; ROY HUBERT;
CLOY JONES; MIKE JURAK; ROD KENDALL; BRIAN KOSSMAN; CHARLIE AND
BRADIE LITTLE; LEE MAUGHAN; ORLO MAUGHAN; SPENCER MAUGHAN; WAYNE
MAUGHAN; ROBERT AND SHERYL MAY; MIKE MCCARTHY; ROY AND COLLEEN
MCCLURE; JARRED MOORE; MITCHELL NEIBAUR; RHEES NEIBAUR; STEVE
NEIBAUR; SUSAN NEIBAUR; STEVE NEIBAUR FARMS, INC.; DENNIS NEWTON;
NEWTON FARMS, LLC;NORLAND ROCKS, LLC; GEORGE PARKER; BRUCE
PINCOCK; LLOYD RICHINS; KYLER AND ASHLYNN ROBERTSON; LOGAN
ROBERTSON; PORTER ROBERTSON; RYAN ROBERTSON; LINDA AND F. ALLEN
SANDERSON; BO SANFORD; KERRY SANFORD; COLE SEAMONS; HEATHER SHAW;
BRENT SMITH; STEVE AND NITA SMITH; MARK SOUTHWICK; CASEY STEVENSON;
DEAN STEVENSON; GRANT STEVENSON; JOHN STEVENSON; SCOTT STEVENSON;
STEVENSON FARMS LLC; LYNN AND MARCI STIMPSON; FRANK SUCHAN; RUSS
AND CHEYENNE SUCHAN; MITCH TWISS; MARTY VAN TASSELL; IAN WEBB; JEFF
WEBER; BART WEBSTER; DILLON WEBSTER; ALAN WOODLAND; MICHAEL
WOODLAND; SETH WOODLAND; WESTCHESTER NUVEEN NATURAL CAPITAL;
KEYSTONE CATTLE LLC; B&H FARMING; PRECISION AVIATION; RED BARON
AVIATION; AG AIR,INC.; NORTHSIDE FARMS, INC.; 5-S FARMS, INC.; HIDDEN
VALLEY ORGANICS;VANTAGE DAIRY SUPPLIES; AND STEVENSON & SONS, LLC.
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