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HomeMy WebLinkAbout20251022Notice_of_Application_Order_No_36814.pdf Office of the Secretary Service Date October 22,2025 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF IDAHO POWER ) CASE NO. IPC-E-25-31 COMPANY'S APPLICATION FOR ) APPROVAL OR REJECTION OF AN ) NOTICE OF APPLICATION ENERGY SALES AGREEMENT WITH ) FOSSIL GULCH WIND PARK, LLC FOR ) NOTICE OF THE SALE AND PURCHASE OF ELECTRIC ) MODIFIED PROCEDURE ENERGY FROM THE FOSSIL GULCH ) WIND PARK ) ORDER NO. 36814 On September 30, 2025, Idaho Power Company ("Company"), applied for approval of an energy sales agreement with Fossil Gulch Wind Park, LLC ("Seller") for energy generated by the Fossil Gulch Wind Park ("Facility") in Twin Falls County, Idaho ("Proposed ESA"). The Company requests processing of this matter via modified procedure. With this Order the Commission issues notice of the Company's Application and establishes public comment and Company reply deadlines. NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED that the Company represents that the Facility delivered energy to the Company under an ESA dated September 9, 2004 ("2004 Agreement"), until its expiration on September 25, 2025. YOU ARE FURTHER NOTIFIED that the Company represents that it was unable to form a new ESA with the Seller before the 2004 Agreement expired on September 25, 2025, due to the unresponsiveness of the Facility's prior owner. YOU ARE FURTHER NOTIFIED that the Company represents that it executed the Proposed ESA with the Seller on September 30, 2025 to replace the 2004 Agreement. YOU ARE FURTHER NOTIFIED that the Company represents that because the 2004 Agreement expired before approval of the Proposed ESA, it formed an Interim Agreement with the Seller. Under the Interim Agreement the Company will buy generation from the Facility at the Surplus Energy Price contained in the Proposed ESA until the Commission approves or rejects it, subject to Commission changes. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36814 1 YOU ARE FURTHER NOTIFIED that the Application is available for public inspection during regular business hours at the Commission's office. These documents are also available on the Commission's website at www.puc.idaho.gov. Click on the "ELECTRIC" icon, select "Open Cases," and click the case number shown at the top of this document. YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission's jurisdiction under Title 61 of the Idaho Code and the Commission's Rules of Procedure, IDAPA 31.01.01.000 et seq. NOTICE OF MODIFIED PROCEDURE YOU ARE FURTHER NOTIFIED that the Commission has determined that the public interest may not require a formal hearing in this matter, and it will review the case through written submissions under the Commission's Rules of Modified Procedure Rules 201-204 of the Idaho Public Utilities Commission's Rules of Procedure, IDAPA 31.01.01.201-204. The Commission notes that Modified Procedure and written comments have proven to be an effective means for obtaining public input and participation. YOU ARE FURTHER NOTIFIED that persons desiring to state a position on this Application may file a written comment explaining why they support or oppose the Application. Persons who would like a hearing must specifically request a hearing in their written comments. Persons shall have until December 11,2025,to file written comments. Comments must be filed through the Commission's website or by e-mail unless computer access is unavailable. To comment electronically,please access the Commission's website at www.puc.idaho.gov. Click the "Case Comment Form" and complete the form using the case number as it appears on the front of this document. To file by e-mail, persons must e-mail the comments to the Commission Secretary and all parties at the e-mail addresses listed below. Persons submitting a comment by e-mail must provide their name, address, and the Case Number under which they are commenting. Persons submitting a comment by e-mail also acknowledge that submitting a comment in an open case constitutes a public record under Idaho Code § 74-101(13), and all information provided by such person is available for public and media inspection. If computer access is unavailable, then comments may be mailed to the Commission and the Parties at the addresses below.Persons submitting a comment by mail must provide their name, NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36814 2 address, and the Case Number under which they are commenting. Persons submitting a comment by mail also acknowledge that submitting a comment in an open case constitutes a public record under Idaho Code§74-101(13),and all information provided by such person is available for public and media inspection. For the Idaho PUC: For Idaho Power Company: Commission Secretary Donovan E. Walker Idaho Public Utilities Commission Lisa Lance P.O. Box 83720 Timothy Tatum Boise, ID 83702 IPC Dockets secretarykpuc.idaho.gov 1221 West Idaho Street P.O. Box 70 Boise, ID 83707 dwalker(d),idahopower.com llance&idahopower.com ttatum(a,idahopower.com dockets(kidahopower.com Energycontracts(d),idahopower.com YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by December 18, 2025. YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the time limit set,the Commission will consider this matter on its merits and enter its order without a formal hearing. If written comments are received within the time limit set, the Commission will consider them and, in its discretion, may set the same for formal hearing. ORDER IT IS HEREBY ORDERED that the Company's Application be processed by Modified Procedure. Persons interested in submitting written comments must do so by December 11, 2025. The Company must file any reply comments by December 18, 2025. IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April 21, 2022. Generally, all pleadings should be filed with the Commission electronically and will be deemed timely filed when received by the Commission Secretary.See Rule 14.02. Service between parties should continue to be accomplished electronically when possible. However, voluminous discovery-related documents may be filed and served on CD-ROM or a USB flash drive. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36814 3 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 22°d day of October 2025. G Gv� EDWARD LODGE, PR ENT OHN R. HAMMOND JR., COMMISSIONER DAYN HARDI , COMMISSIONER ATTEST: A- Lau a Calderon Robles Interim Commission Secretary I:\Legal\ELECTRIC\IPC-E-25-31_FossilGulchESA\orders\Ntc of App_Mod_at.docx NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36814 4