20251008Renewed Request for the Hearing and Request for Additional Time to Conduct Discovery.pdf

RECEIVED
OCTOBER 8, 2025
IDAHO PUBLIC
UTILITIES COMMISSION
C. Tom Arkoosh, ISB No. 2253
Nicholas J. Erekson, ISB No. 9325
ARKOOSH LAW OFFICES
913 W. River Street, Suite 450
P.O. Box 2900
Boise, ID 83701
Telephone: [phone]
Facsimile: [phone]
Email: tom.arkoosh(a,arkoosh.com
[e-mail]
Admin copy: [e-mail]
Attorneys for IdaHydro
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION ) Case No. IPC-E-25-22
OF IDAHO POWER COMPANY FOR )
AUTHORITY TO UPDATE ITS ) IDAHYDRO'S RENEWED REQUEST
OPERATION AND MAINTENANCE ) FOR HEARING AND REQUEST FOR
CHARGES APPLICABLE TO SCHEDULE ) ADDITIONAL TIME TO CONDUCT
72, GENERATOR INTERCONNECTIONS ) DISCOVERY
TO PURPA QUALIFYING FACILITY )
SELLERS. )
COMES NOW the Idaho Hydroelectric Power Producers Trust, an Idaho Trust d/b/a
IdaHydro ("IdaHydro"), by and through its counsel of record, C. Tom Arkoosh and Nicholas J.
Erekson of Arkoosh Law Offices, and pursuant to IDAPA 31.01.01.256 and Order No. 36714,
respectfully requests that the Commission set this matter for hearing and extend the procedural
schedule to allow additional discovery.
L BACKGROUND
Since the filing of IdaHydro's initial comments, Idaho Power Company("Idaho Power"or
the "Company") has materially altered its explanation of how it treats avoided operation and
maintenance ("O&M") for interconnection facilities' costs under PURPA.
In its initial response to Interrogatory No. 8,Idaho Power unequivocally stated that it"does
not account for avoided O&M costs in its avoided cost methodology for PURPA pricing"because
Qualified Facility("QF")interconnections"do not decrease the Company's O&M"but"inherently
increase"those costs. That position formed the foundation of the Company's Application.
IDAHYDRO'S RENEWED REQUEST FOR HEARING AND REQUEST FOR ADDITIONAL TIME TO
CONDUCT DISCOVERY—Page 1

However, in its supplemental response to the same interrogatory, Idaho Power now asserts
the opposite, that its Commission-approved avoided cost methodologies (the Surrogate Avoided
Resource ("SAR") and Incremental Cost Integrated Resource Plan ("ICIRP") methods) already
account for interconnection O&M costs associated with the proxy resource avoided by QF
generation. According to the supplemental response, QFs are compensated for avoided
interconnection O&M costs through the avoided cost rate itself.
These two positions cannot simultaneously be true. This is not a minor clarification; it is a
reversal. Because Idaho Power has effectively taken two inconsistent positions, the record is
murky, at best. Idaho Power's shifting explanations have left the Commission and the parties
without a clear, consistent factual basis upon which to evaluate the Company's proposal.
II. NEED FOR HEARING AND ADDITIONAL DISCOVERY
The Company's new claim purports to rely on Order No. 30738 and Appendix C of the
2023 Integrated Resource Plan, yet neither document provides clear support for the proposition
that avoided interconnection O&M costs are embedded in the avoided cost rate paid to QFs. From
a documentary standpoint, the additional supplement again leaves the record ambiguous and
incomplete.
Given the inconsistency between Idaho Power's discovery responses and the lack of
documentary evidence substantiating its latest position, the Commission cannot make a reasoned
determination on the present record.Additional discovery is necessary to:
1. Confirm how interconnection and O&M costs are modeled in both the SAR and ICIRP
methodologies;
2. Identify the specific line items or data sources in the IRP that purportedly include these
avoided interconnection costs; and
3. Determine whether Schedule 72 charges duplicate or overlap with cost components already
reflected in avoided cost rates.
A short procedural extension allowing additional discovery and an evidentiary hearing
would allow the parties to fully develop the factual record so that any Commission order is based
on a complete understanding of Idaho Power's cost accounting.
IDAHYDRO'S RENEWED REQUEST FOR HEARING AND REQUEST FOR ADDITIONAL TIME TO
CONDUCT DISCOVERY—Page 2

III. REQUESTED RELIEF
Accordingly, IdaHydro respectfully requests that the Commission(1) set this matter for an
evidentiary hearing to allow examination of Idaho Power's witnesses and documentation
supporting its revised claims; and(2) extend the procedural schedule to permit additional focused
discovery on Idaho Power's avoided cost modeling and Schedule 72 O&M accounting.
Such relief is necessary to enable the Commission to evaluate Idaho Power's Application
under PURPA's governing standards.
DATED this 8th day of October 2025.
ARKOOSH LAW OFFICES
Nicholas J. Erekson
Attorneys for IdaHydro
IDAHYDRO'S RENEWED REQUEST FOR HEARING AND REQUEST FOR ADDITIONAL TIME TO
CONDUCT DISCOVERY—Page 3

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 8th day of October 2025, I served a true and correct copy
of the foregoing document(s)upon the following person(s), in the manner indicated:
IDAHO PUBLIC UTILITIES U.S. Mail, Postage Prepaid
COMMISSION: Overnight Courier
Commission Secretary Hand Delivered
Idaho Public Utilities Commission Via Facsimile
11331 W. Chinden Blvd., Building 8, X E-mail:
Suite 201-A(83714) secretaa@]2uc.idaho.gov
P.O. Box 83720
Boise, ID 83720-0074
IDAHO PUBLIC UTILITIES U.S. Mail, Postage Prepaid
COMMISSION STAFF: Overnight Courier
Jeff Loll Hand Delivered
Deputy Attorney General Via Facsimile
Idaho Public Utilities Commission X_ E-mail:
11331 W. Chinden Blvd., Building 8, ieff.loll(apuc.idaho.gov
Suite 201-A(83714)
P.O. Box 83720
Boise, ID 83720-0074
IDAHO POWER:
Donovan E. Walker U.S. Mail, Postage Prepaid
IPC Dockets Overnight Courier
Idaho Power Company Hand Delivered
1221 W. Idaho Street(83702) Via Facsimile
P.O. Box 70 X_ E-mail:
Boise, ID 83707 [e-mail]
dockets(abidahopower.com
Tim Tatum U.S. Mail, Postage Prepaid
Riley Maloney Overnight Courier
Idaho Power Company Hand Delivered
1221 W. Idaho Street(83702) Via Facsimile
P.O. Box 70 X E-mail:
Boise, ID 83707 [e-mail]
rmaloney( ,idahopower.com
IDAHYDRO'S RENEWED REQUEST FOR HEARING AND REQUEST FOR ADDITIONAL TIME TO
CONDUCT DISCOVERY—Page 4

RENEWABLE ENERGY U.S. Mail, Postage Prepaid
COALITION: Overnight Courier
Irion Sanger Hand Delivered
Sanger Greene, P.C. Via Facsimile
4031 SE Hawthorne Blvd. X_ E-mail: irion@sang_er-law.com
Portland, OR 97214
Nicholas J rekson
IDAHYDRO'S RENEWED REQUEST FOR HEARING AND REQUEST FOR ADDITIONAL TIME TO
CONDUCT DISCOVERY—Page 5