20251230Objection and Answer to Motion for Oral Argument.pdf

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RECEIVED
DONOVAN WALKER DECEMBER 30, 2025
Lead Counsel IDAHO PUBLIC
dwalkerC�idahopower.com UTILITIES COMMISSION
December 30, 2025
Commission Secretary
Idaho Public Utilities Commission
11331 W. Chinden Boulevard
Building 8, Suite 201-A
Boise, Idaho 83714
Re: Case No. IPC-E-25-22
Idaho Power Company's Application for Authority to Update its Operation
and Maintenance Charges Applicable to Schedule 72, Generator
Interconnections to PURPA Qualifying Facility Sellers
Dear Commission Secretary:
Attached please find Idaho Power Company's Objection and Answer to IdaHydro's
Motion for Oral Argument to be filed in the above-entitled matter.
If you have any questions about the attached documents, please do not hesitate to
contact me.
Sincerely,
Donovan E. Walker
DEW:cd
Attachments
1221 W. Idaho St(83702)
P.O. Box 70
Boise, ID 83707

DONOVAN WALKER (ISB No. 5921)
LISA C. LANCE (ISB No. 6241)
Idaho Power Company
1221 West Idaho Street (83702)
P.O. Box 70
Boise, Idaho 83707
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorney for Idaho Power Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
IDAHO POWER COMPANY FOR AUTHORITY )
TO UPDATE ITS OPERATION AND ) CASE NO. IPC-E-25-22
MAINTENANCE CHARGES APPLICABLE TO ) IDAHO POWER COMPANY'S
SCHEDULE 72, GENERATOR OBJECTION AND ANSWER TO
INTERCONNECTIONS TO PURPA IDAHYRO'S MOTION FOR ORAL
QUALIFYINGFACLITY SELLERS. ) ARGUMENT
COMES Now, Idaho Power Company ("Idaho Power" or "Company"), pursuant to Idaho
Public Utilities Commission's ("Commission") Rules of Procedure 56, 57, and 256, and pursuant
to the Amended Notice of Modified Procedure, Order No. 36833, entered on November 6, 2025,
hereby respectfully submits the following in Reply to Idaho Hydroelectric Power Producers Trust's
("IdaHydro") Motion for an Oral Argument filed on December 24, 2025. In support of this Objection
and Answer to IdaHydro's Motion for Oral Argument the Company represents as follows:
IDAHO POWER COMPANY'S OBJECTION AND ANSWER - 1

I. BAC KG RO U N D
On May 8, 2025, Idaho Power filed an Application requesting Commission approval to
update the monthly operations and maintenance ("O&M") charges contained in Schedule 72,
Generator Interconnections to PURPA Qualifying Facility Sellers ("Schedule 72"). The proposed
updates were submitted in compliance with the settlement stipulation approved by Order No.
36042 issued in the Company's 2023 General Rate Case (Case No. IPC-E-23-11). On June 9,
2025, the Commission issued a Notice of the Application and set an intervention deadline. Order
No. 36631. IdaHydro and Renewable Energy Coalition ("REC") petitioned for and were granted
intervention. After the direct intervention period the Commission issued a Notice of Modified
Procedure Order No. 36714, establishing that the Application be processed under Modified
Procedure, directing persons interested in submitting written comments to do so by September
16, 2025, directing parties, referring to Staff and Intervenors, interested in filing comments in reply
to previously filed comments to do so by October 7, 2025, and directing the Company to file any
reply comments by October 14, 2025. Order No. 36714.
IdaHydro's initial request for a technical hearing was heard in oral argument before the
Commission at a regularly scheduled Commission Decision Meeting on August 5, 2025, where
the Commission determined that pursuant to RP 201-204, IDAPA 31.01.01.201-204, that the
public interest may not require a formal hearing on the matter and that it would proceed under
Modified Procedure, noting that Modified Procedure and written comments have proven to be an
effective means for obtaining public input and participation. Order No. 36714. On October 8,
2025, IdaHydro again asked for a full evidentiary hearing in its Memorandum in Support of
Comments.
On October 14, 2025, IdaHydro filed a Renewed Request for Hearing and Request for
Additional Time to Conduct Discovery ("Renewed Request") in a separate pleading filed after the
reply comment deadline claiming the that the interconnection and O&M charges in Schedule 72
IDAHO POWER COMPANY'S OBJECTION AND ANSWER-2

are contrary to PURPA and federal law. The Commission heard arguments concerning IdaHydro's
Renewed Request at its October 28, 2025, Decision Meeting and found it had not heard a
compelling argument as to why the record could not be fully developed through written
submissions and the case would proceed under Modified Procedure but allowed additional time
for the parties to conduct discovery and allow for supplemental and new comments. The
Commission further noted in Order No. 36833 that Modified Procedure and written comments
have proven to be an effective means for obtaining public input and participation. Order at p. 2.
To date IdaHydro has deposed four of Idaho Power's employees, issued twenty-three
"Interrogatories" that Idaho Power has responded to, and issued thirteen "Requests for
Production"which again Idaho Power has responded to. IdaHydro has twice requested a hearing
on the Application and now requests the Commission to allow for an "oral argument" again
attempting to say that an oral argument will allow the Commission to see that the interconnection
and O&M charges in Schedule 72 are contrary to PURPA and federal law and again claiming
Modified Procedure is not sufficient. IdaHydro's continuous attack on the 35-year history of the
implementation of Schedule 72 O&M has no merit and has been previously addressed by the
Commission. Therefore, Idaho Power objects to the request for oral arguments and asks the
Commission to reject the ongoing efforts by IdaHydro to assert procedures that will not contribute
meaningfully to the resolution of the case. IdaHydro's Motion for Oral Argument is untimely,
coming after the deadline to submit comments, which is the second comment deadline
established in this case. With the requested effective date of January 1, 2026, a late submission
requesting additional procedure on December 24, 2025, would only act to delay the proceedings
that have previously been extended to allow additional discovery and submissions. The request
for oral argument is essentially a third additional objection from IdaHydro to the Commission's
determination to proceed under its Modified Procedure rules. The Commission has twice held
IDAHO POWER COMPANY'S OBJECTION AND ANSWER - 3

that Modified Procedure is appropriate for this Application and Idaho Power respectfully asks the
Commission to continue under said procedure and issue its Order on the merits.
II. REQUESTED RELIEF
As set forth herein, Idaho Power respectfully objects to the late-filed request of IdaHydro
for oral argument and respectfully asks the Commission to deny the same.
Respectfully submitted this 30'h day of December 2025.
DONOVAN WALKER
Attorney for Idaho Power Company
IDAHO POWER COMPANY'S OBJECTION AND ANSWER -4

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 30th day of December 2025, 1 served a true and
correct copy of the within and foregoing IDAHO POWER COMPANY'S OBJECTION AND
ANSWSER TO IDAHYRO'S MOTION FOR ORAL ARGUMENT upon the following
named parties by the method indicated below, and addressed to the following:
IPUC COMMISSION STAFF Hand Delivered
Jeffrey R. Loll U.S. Mail
Deputy Attorneys General Overnight Mail
Idaho Public Utilities Commission FAX
P.O. Box 83720 X Email - jeff.loll puc.idaho.gov
Boise, ID 83720-0074
IDAHYDRO Hand Delivered
C. Tom Arkoosh U.S. Mail
Nicholas J. Erekson Overnight Mail
Arkoosh Law Offices FAX
913 W. River St., Ste. 450 X Email - tom.arkoosh(a-).arkoosh.com
P.O. Box 2900 nick.erekson(c)_arkoosh.com
Boise, ID 83701 erin.cecil(a),arkoosh.com
RENEWABLE ENERGY COALITION Hand Delivered
Irion Sanger U.S. Mail
Sanger Greene, P.C. Overnight Mail
4031 Se Hawthorne Blvd. FAX
Portland, Or 97214 X Email - irion sanger-Iaw.com
C9
Christy Davenport, Legal Assistant
IDAHO POWER COMPANY'S OBJECTION AND ANSWER - 5