20251120Staff Comments.pdf

RECEIVED
November 20, 2025
CHRIS BURDIN IDAHO PUBLIC
DEPUTY ATTORNEY GENERAL UTILITIES COMMISSION
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83702
[phone]
IDAHO BAR NO. 9810
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER )
COMPANY'S PETITION TO WITHDRAW ) CASE NO. IPC-E-25-28
CERTIFICATE NO. 559,INCLUSIVE OF THE )
BUILD TRANSFER AGREEMENT AND )
POWER PURCHASE AGREEMENT FOR ) REDACTED COMMENTS OF
THE JACKALOPE WIND PROJECT ) THE COMMISSION STAFF
APPROVED BY ORDER NO. 36659 )
COMMISSION STAFF ("STAFF") OF the Idaho Public Utilities Commission
("Commission"), by and through its attorney of record, Chris Burdin, Deputy Attorney General,
submits the following comments.
BACKGROUND
On September 19, 2025, Idaho Power Company ("Company"), filed a petition with the
Commission to withdraw Certificate of Public Convenience and Necessity("CPCN")No. 559 and
requested that the Commission withdraw approval of the Power Purchase Agreement ("PPA")
between the Company and Jackalope Wind, LLC issued in Order No. 36659.
The Company represented that the Commission approved the Build Transfer Agreement
(`BTA") and PPA for the Jackalope Project in Order No. 36659. Petition at 3. The Company
stated that after Commission approval, the developer faced permitting delays and uncertainty
around federal land use policies, which may push the planned commercial operation date beyond
2027. Id.
STAFF COMMENTS 1 NOVEMBER 20, 2025

The Company represented that it was relying on the project's 2027 commercial operation
date to accommodate the Company's capacity deficits, that the Company has now entered into a
Letter of Agreement to terminate the BTA and PPA, and that the Company will now pursue other
options to meet its capacity deficits. Id.
STAFF ANALYSIS
Staff agrees that external circumstances are likely to prevent timely completion of the
Jackalope Project, and therefore Staff believes that an agreement to terminate the project is
reasonable. Staff briefly addresses the confidential terms of the agreement and recommends that
the Commission withdraw CPCN No. 559 and its approval for the PPA.
A Project Withdrawal Agreement is Reasonable
The Company represents that"the developer was facing permitting delays and
uncertainty around federal land use policies, therefore pushing the planned commercial operation
date beyond 2027." Application at 3. Staff believes that this outcome is consistent with several
incremental restrictions imposed by the Trump Administration on wind projects, culminating in a
Department of the Interior directive that materially delays permit approvals for wind projects on
federal land.1 The Jackalope Project site was a mix of federal and private land parcels.2
Given these permitting delays, Staff agrees that the completion date of the Jackalope
Project could easily extend beyond 2027. Delays beyond 2027 will put eligibility for production
tax credits at risk,3 which would substantially change the cost-effectiveness of the project,
adding additional risk to the project.
Therefore, Staff believes that termination of the Jackalope Project development
agreement was reasonable.
Confidential Agreement Terms
Staff believes that two terms of the confidential Letter of Agreement are noteworthy:
1 Departmental Review Procedures for Decisions,Actions,Consultations,and Other Undertakings Related to Wind
and Solar Energy Facilities,retrieved from https://www.doi.gov/media/document/departmental-review-procedures-
decisions-actions-consultations-and-other,November 13,2025.
2 IPC-E-24-46 Response to Staff Request No. 6.
3 Tax Bill Significantly Changes Clean Energy Credits and Incentives,retrieved from
https://rsmus.com/insights/services/business-tax/obbba-tax-clean-energy html,November 13,2025.
STAFF COMMENTS 2 NOVEMBER 20, 2025

In its Response to Staff s Production Request No. 2, the Company explained the
following facts about the
Staff believes this is a reasonable application of and presumes
that
The Letter of Agreement also establishes a
Confidential Attachment No.1 at 3. If
the developer succeeds ,both the developer and the Company agree to
_ Id. If anew
Id.
Staff notes that should this set of circumstance occur, the Company will need to consider
the Commission's policy governing the acquisition of large supply-side resources, currently
being deliberated in Case No. GNR-E-25-01. The Company also acknowledges that it would
STAFF COMMENTS 3 NOVEMBER 20, 2025

need to reestablish the cost effectiveness of the resource. Confidential Response to Staff
Production Request No. 3.
CONCLUSION
In conclusion, Staff believes that the terms of the Letter of Agreement are reasonable.
STAFF RECOMMENDATION
Staff recommends that the Commission withdraw CPCN No. 559 and withdraw approval
for the PPA.
Respectfully submitted this 20th day of November 2025.
C�.
Chris Burdin
Deputy Attorney General
Technical Staff. Matt Suess, Kimberly Loskot
I:\Utility\UMISC\COMMENTS\IPC-E-25-28 Comments-Redacted.doex
STAFF COMMENTS 4 NOVEMBER 20, 2025

CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 20th DAY OF NOVEMBER 2025,
SERVED THE FOREGOING REDACTED COMMENTS OF THE COMMISSION
STAFF, IN CASE NO. IPC-E-25-28, BY E-MAILING A COPY THEREOF TO THE
FOLLOWING:
Idaho Power Company:
DONOVAN E. WALKER TIM TATUM
LEAD COUNSEL VICE PRESIDENT, REGULATORY
IDAHO POWER COMPANY AFFAIRS
1221 WEST IDAHO STREET (83702) IDAHO POWER COMPANY
PO BOX 70 1221 WEST IDAHO STREET (83702)
BOISE ID 83707-0070 PO BOX 70
E-MAIL: BOISE ID 83707-0070
dwalkergidahopower.com E-MAIL:
dockets(a,idahopower.com ttatum&idahopower.com
PATRICIA JORDA9, SECRETARY
CERTIFICATE OF SERVICE