20251231Final_Order_No_36893.pdf

Office of the Secretary
Service Date
December 31,2025
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER ) CASE NO. IPC-E-25-28
COMPANY'S PETITION TO WITHDRAW )
CERTIFICATE NO. 559, INCLUSIVE OF ) ORDER NO. 36893
THE BUILD TRANSFER AGREEMENT AND )
POWER PURCHASE AGREEMENT FOR )
THE JACKALOPE WIND PROJECT )
APPROVED BY ORDER NO. 36659 )
On September 19, 2025, Idaho Power Company ("Company"), filed a petition with the
Idaho Public Utilities Commission("Commission")to withdraw Certificate of Public Convenience
and Necessity ("CPCN") No. 559 and requesting that the Commission withdraw approval of the
Power Purchase Agreement ("PPA") between the Company and Jackalope Wind, LLC issued in
Order No. 36659. On October 16, 2025, the Commission issued a Notice of Petition and Notice of
Modified Procedure.
THE PETITION
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.
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 Agreement to terminate the BTA and PPA, and that the Company will now pursue other
options to meet its capacity deficits.Id.
PUBLIC COMMENTS
The Commission did not receive any public comments.
STAFF COMMENTS
Staff agreed that external circumstances were likely to prevent the Jackalope Project from
being completed on time. Staff Comments at 2. Staff believed that this outcome was 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
ORDER NO. 36893 1

wind projects on federal land. Id. Given those permitting delays, Staff agreed that the completion
date of the Jackalope Project could easily extend beyond 2027. Id. Staff noted that delays beyond
2027 would put eligibility for production tax credits at risk and would substantially change the
cost-effectiveness and risk of the project. Id. Therefore, Staff believed that terminating the
Jackalope Project development agreement was reasonable.Id.
COMMISSION FINDINGS AND DECISION
The Commission has jurisdiction over this matter under Idaho Code §§ 61-501 through
503. The Commission is empowered to investigate rates, charges,rules,regulations,practices, and
contracts of public utilities and to determine whether they are just, reasonable, preferential,
discriminatory, or in violation of any provision of law, and to fix the same by order. Idaho Code
§§ 61-502 and 61-503. Having reviewed the record and all submitted materials, the Commission
finds it fair,just, and reasonable to grant the Petition to withdraw CPCN No. 559 and withdraw
approval of the PPA between the Company and Jackalope Wind, LLC issued in Order No. 36659.
ORDER
IT IS HEREBY ORDERED that the Company's Petition is granted. The Commission
hereby withdraws CPCN No. 559 and Commission approval of the PPA between the Company
and Jackalope Wind, LLC issued in Order No. 36659.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order about any matter
decided in this Order. Within seven (7) days after any person has petitioned for reconsideration,
any other person may cross-petition for reconsideration.Idaho Code § 61-626.
ORDER NO. 36893 2

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 3 1" day of
December 2025. /
G
Grp
EDWARD LODGE, PRE ENT
HN R. HAMMOND JR., COMMISSIONER
DAYN HARDI COMM SSIONER
ATTEST:
Laura Calderon Robles
Interim Commission Secretary
I:\Legal\ELECTRIC\IPC-E-25-28_Jackalope\orders\IPCE2528_FO_cb.docx
ORDER NO. 36893 3