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