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Home My WebLink About20260209Petition for Intervenor Funding.pdf Eric L. Olsen(ISB#4811) ECHO HAWK& OLSEN, PLLC 505 Pershing Ave., Ste. 100 P.O. Box 6119 RECEIVED Pocatello, Idaho 83205 FEBRUARY 9, 2026 Telephone: (208) 478-1624 IDAHO PUBLIC Facsimile: (208)478-1670 UTILITIES COMMISSION Email: elo(a)echohawk.com Attorney for Intervenor Idaho Irrigation Pumpers Association, Inc. BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF IDAHO POWER'S CASE NO. IPC-E-25-27 APPLICATION FOR APPROVAL OF A POWER PURCHASE PETITION FOR INTERVENOR AGREEMENT WITH BLACKS CREEK FUNDING OF THE IDAHO ENERGY CENTER, LLC IRRIGATION PUMPERS ASSOCIATION,INC. COMES NOW the Idaho Irrigation Pumpers Association, Inc. ("IIPA"), by and through counsel of record, Echo Hawk & Olsen, PLLC, and hereby respectfully makes application to the Idaho Public Utilities Commission ("Commission") for intervenor funding, pursuant to Idaho Code § 61-617A and IDAPA §§ 31.01.01.161 through .165, in this case. IIPA acknowledges that this Petition is not submitted within the timeframe specified by Commission rule. The delay is inadvertent and not intended to prejudice any party or delay these proceedings. IIPA acted in good faith throughout this case and submits that acceptance of this Petition is in the public interest given the substantive contribution IIPA made to the development of the evidentiary record. as follows: (A) A summary of the expenses that the IIPA requests to recover broken down into legal fees, witness fees and other costs and expenses is set forth in Exhibit A attached hereto and incorporated by reference. The expenses and costs incurred by the IIPA set forth in Exhibit A are reasonable in amount and were necessarily incurred. The expenses and costs were incurred in APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION,INC.— Page 1 CASE NO.IPC-E-25-27 participating in the case. Without incurring these expenses and costs, IIPA would not have been able to fully participate in this matter. (B) The IIPA's Counsel, Eric L. Olsen of Echo Hawk & Olsen ("Mr. Olsen") and its Expert witnesses Lance D. Kaufman, Ph.D. ("Dr. Kaufman") and Deborah Glosser, PhD. ("Dr. Glosser") participated in the review of Idaho Power Company's ("IPC" or "Company") Application for approval of the Blacks Creek Power Purchase Agreement ("Blacks Creek" or "PPA") filing. Mr. Olsen, Dr. Kaufman and Dr. Glosser reviewed and analyzed the Company's positions,prepared and served written discovery, and prepared extensive written comments. Based on this review, IIPA identified critical deficiencies in the Company's demonstration of need and cost causation. IIPA showed that the Company's claimed near-term capacity shortfall is driven by Additional Firm Load ("AFL") associated with large industrial customers and not by existing legacy customer classes, including irrigation and seasonal customers. IIPA further demonstrated that Idaho Power failed to evaluate whether the proposed PPA would be necessary absent this new industrial load and did not analyze reasonable alternatives or sensitivities excluding AFL.Through this work,IIPA clarified that the record,as filed,obscures the true drivers of capacity and transmission needs and risks attributing those needs to customers who did not cause them. (C) The costs described in Exhibit A constitute a financial hardship for the IIPA. The IIPA is an Idaho nonprofit corporation qualified under I.R.C. § 501(c)(5) representing farm interests in electric utility rate matters affecting farmers in southern and central Idaho. The IIPA relies solely upon dues and contributions voluntarily paid by members, together with intervenor funding, to support its activities. Each year mailings and emails are sent to approximately 7,000 Idaho Irrigators (approximately one-third in the IPC service area and the remainder in IPC's APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION,INC.— Page 2 CASE NO.IPC-E-25-27 service area), soliciting annual dues. IIPA recommends members make voluntary contributions based on acres irrigated or horsepower per pump. Member contributions have been falling which is believed to be attributable to increased operating costs and declining commodity prices. From member contributions the IIPA must pay all expenses, which generally include mailing expenses, meeting expenses, post office box, in addition to the expenses relating to participation in matters before the Commission. The Executive Director, Amy McKoon, is the only part-time paid contractor, receiving a retainer plus expenses for office space, office equipment, and secretarial services. Other IIPA officers and directors are elected annually and serve without compensation. It has been and continues to be a financial hardship for the IIPA to fully participate in important cases such as this one due to the time and expense that must be incurred to fully participate in such a case. Because of the IIPA's financial constraints, participation in this case, preparing to file testimony, and participating in the settlement negotiations has been focused and prudent. (D) IIPA recommended that the Commission deny or defer approval of the PPA, or at a minimum, make explicit findings clarifying that the need for the proposed Blacks Creek PPA is attributable to new industrial load growth and that the costs of incremental capacity and transmission resources should be assigned consistent with established cost-causation principles. IIPA further recommended that appropriate safeguards be considered to ensure that legacy customers are not allocated costs for resources they did not cause or require. These recommendations were intended to assist the Commission in evaluating the Application under applicable statutory and regulatory standards and materially differ from the recommendations of Commission Staff. APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION,INC.— Page 3 CASE NO.IPC-E-25-27 (E) The IIPA's participation addressed issues of concern to the general body of users or consumers on IPC's system in the recommended cost containment measures would benefit all of IPC's customers. (F) The IIPA represents the irrigation class of customers under Schedule 24 on IPC's system. Based on the foregoing, it is respectfully submitted that the IIPA is a qualifying intervenor and should be entitled to an award of costs of intervention in the maximum amount allowable pursuant to Idaho Code § 61-617A and IDAPA §§ 31.01.01.161 through .165. DATED this 91h day of February, 2026. ECHO HAWK & OLSEN ERIC L. OLSEN APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION,INC.— Page 4 CASE NO.IPC-E-25-27 CERTIFICATE OF SERVICE I HEREBY CERTIFIY that on this 9th day of February, 2026, I served a true, correct and complete copy of the foregoing to each of the following via the method indicated below: Monica Barrios-Sanchez, Commission Secretary ❑ U.S. Mail Jeff Loll, Deputy Attorney General ❑ Hand Delivered Idaho Public Utilities Commission ❑ Overnight Mail P.O. Box 83720 ❑ Telecopy(Fax) Boise, ID 83720-0074 ® Electronic Mail (Email) secretga@puc.idaho..gov j eff.loll(&puc.idaho.gov Lance Kaufman, Ph.D. ❑ U.S. Mail 2623 NW Bluebell Place ❑ Hand Delivered Corvallis, OR 97330 ❑ Overnight Mail lance@ae_isg insi h� ❑ Telecopy(Fax) ® Electronic Mail (Email) Donovan E. Walker ❑ U.S. Mail Timothy Tatum ❑ Hand Delivered 1221 W. Idaho Street (83702) ❑ Overnight Mail P.O. Box 70 ❑ Telecopy(Fax) Boise, ID 83707 ® Electronic Mail (Email) dwalker@idahopower.com dockets(&idahopower.com ttatum@idahopower.com Austin Rueschhoff ❑ U.S. Mail Thorvald A. Nelson ❑ Hand Delivered Austin W. Jensen ❑ Overnight Mail Kristine A.K. Roach ❑ Telecopy(Fax) Holland&Hart, LLP ® Electronic Mail (Email) Micron Technology, Inc. 555 17th Street Suite 3200 Denver, CO 80202 darueschho ff khollandhart.com tnelson(a,hollandhart.com awjensen@hollandhart.com karoach(a,hollandhart.com aclee@hollandhart.com tlfriel(&,,hollandhart.com ERIC L. OLSEN APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION,INC.— Page 5 CASE NO.IPC-E-25-27 EXHIBIT A Expert Witnesses: Deborah Glosser and Lance Kaufman,Expenses: 1. Witness Fees: 51.4 Hours @ $250 = $ 12,850.00 Sub Total: $ 12,850.00 Legal Expenses: 1. Paralegal Fees: 6.9 Hours @ $155 = $ 1,069.50 2. Legal Fees Eric L. Olsen: 4 Hours @ $250= $ 1,000.00 3. Soft Costs (Copies/Legal Research) $ 3.75 Sub Total: $ 2,073.25 Grand Total: S 14,923.25 APPLICATION FOR INTERVENOR FUNDING OF THE IDAHO IRRIGATION PUMPERS ASSOCIATION,INC.— Page 6 CASE NO.IPC-E-25-27