20251028Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER LODGE
COMMISSIONER HAMMOND
COMMISSIONER HARDIE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: JEFFREY R. LOLL
DEPUTY ATTORNEY GENERAL
DATE: OCTOBER 28, 2025
SUBJECT: IN THE MATTER OF THE APPLICATION OF IDAHO POWER
COMPANY FOR AUTHORITY TO UPDATE ITS OPERATION AND
MAINTENANCE CHARGES APPLICABLE TO SCHEDULE 72,
GENERATOR INTERCONNECTIONS TO PURPA QUALIFYING
FACILITY SELLERS; CASE NO. IPC-E-25-22.
On May 8,2025,Idaho Power Company("Company"),applied to the Idaho Public Utilities
Commission ("Commission") requesting authority to update its operation and maintenance
("O&M") charges applicable to Schedule 72, generator interconnections to Public Utility
Regulatory Policies Act ("PURPA") qualifying facility sellers effective January 1, 2026
("Application"). The Company requests that the Application be processed under modified
procedure. Application at 5.
On June 9,2025,the Commission issued a Notice of Application and Notice of Intervention
Deadline. Order No. 36631. The Commission granted intervention to Idaho Hydroelectric Power
Producers Trust, an Idaho Trust, d/b/a IdaHydro ("IdaHydro") and the Renewable Energy
Coalition ("REC") (collectively, "Intervenors"). Order Nos. 36629 and 36668. Within its petition
to intervene, IdaHydro objected to the Company's request for modified procedure and requested a
technical hearing. IdaHydro's Petition to Intervene at 2.
After hearing arguments concerning IdaHydro's request for a technical hearing at its
August 5, 2025, Decision Meeting, the Commission issued a Notice of Modified Procedure that
set a public comment deadline,an all-party response deadline, and a final Company reply deadline.
Order No. 36714. The Commission did not preclude the parties from bringing further requests for
DECISION MEMORANDUM 1

a technical hearing. Commission Staff("Staff') and the Intervenors filed comments on September
16, 2025. On October 14, 2025, the Company filed reply comments.
IDAHYDRO'S REQUEST FOR HEARING AND
ADDITIONAL TIME TO CONDUCT DISCOVERY
In its comments, IdaHydro requested that this matter be set for full evidentiary hearing if
the Commission is unwilling to provide the relief sought by IdaHydro based on written
submissions. Memorandum in Support of Comments for IdaHydro at 7. Subsequently, on October
14, 2025, IdaHydro filed a Renewed Request for Hearing and Request for Additional Time to
Conduct Discovery("Renewed Request").
Within its Renewed Request, IdaHydro represented that the Company's supplemental
response to IdaHydro's Interrogatory No. 8 "has materially altered [the Company's] explanation
of how it treats avoided [O&M] for interconnection facilities' costs under PURPA" after the
deadline for filing initial comments. Renewed Request at 1. IdaHydro argued that the Company's
discovery responses render the factual record ambiguous and incomplete, necessitating an
extension to allow for additional discovery and an evidentiary hearing to further examine the
Company's cost accounting. Id. at 2-3.
COMPANY'S POSITION REGARDING
IDAHYDRO'S PROCEDURAL REQUESTS
In its reply comments,the Company opposed the Renewed Request,arguing that IdaHydro
had failed to articulate reasons as to why written submissions were insufficient, and asked the
Commission to issue an order finding that Modified Procedure is appropriate in this matter. Reply
Comments at 16-17.
COMMISSION DECISION
Does the Commission wish to:
1. Establish a procedural schedule to allow for additional discovery?
2. Set this matter for an evidentiary hearing?
3. Anything else?
Jeffre" k. toil
Deputy Attorney General
L LegahELECTRICUPC-E-25-22_Gen IC\rnemos\IPCE2522_dec3_l.docx
DECISION MEMORANDUM 2