20251021Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER LODGE
COMMISSIONER HAMMOND
COMMISSIONER HARDIE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: ADAM TRIPLETT
DEPUTY ATTORNEY GENERAL
DATE: OCTOBER 21, 2025
SUBJECT: IN THE MATTER OF IDAHO POWER COMPANY'S APPLICATION
FOR APPROVAL OR REJECTION OF AN ENERGY SALES
AGREEMENT WITH FOSSIL GULCH WIND PARK, LLC FOR THE
SALE AND PURCHASE OF ELECTRIC ENERGY FROM THE FOSSIL
GULCH WIND PARK; CASE NO. IPC-E-25-31.
On September 30, 2025, Idaho Power Company ("Company"), applied for approval of an
energy sales agreement ("Proposed ESA") with Fossil Gulch Wind Park, LLC ("Seller") for
energy generated by the Fossil Gulch Wind Park ("Facility") in Twin Falls County, Idaho. The
Facility currently delivers energy to the Company under an ESA dated September 9, 2004
("2004 Agreement"). According to the Company, it was unable to form a new ESA with the
Seller before the 2004 Agreement expired on September 25, 2025, due to the Seller's
unresponsiveness.
The Company and Seller executed the Proposed ESA on September 30, 2025 to replace
the 2004 Agreement. Recognizing that the proposed ESA could not be approved before
expiration of the 2004 Agreement, the Company and Seller formed an Interim Agreement. Under
this agreement, the Company will purchase the Facility's generation at the Surplus Energy Price
under Article 7.3 of the proposed ESA from expiration of the 2004 Agreement until approval or
denial of the proposed ESA, subject to any Commission revision or rejection. The Company
requests processing of this matter via Modified Procedure.
DECISION MEMORANDUM I

STAFF RECOMMENDATION
Staff recommends the Commission issue a Notice of Application and Notice of Modified
Procedure establishing a December 11, 2025, public comment deadline, and a December 18,
2025, Company reply deadline.
COMMISSION DECISION
Does the Commission wish to issue a Notice of Application and Notice of Modified
Procedure establishing a December 11, 2025, public comment deadline, and a December 18,
2025, Company reply deadline?
Adam Triplett
Deputy Attorney General
L\LegahELECTRIC\IPC-E-25-31_Fossi1Gu1chESA\memos\IPCE2531_dec_at.doc
DECISION MEMORANDUM 2