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HomeMy WebLinkAbout20260226Final_Order_No_36949.pdf Office of the Secretary Service Date February 26,2026 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF IDAHO POWER ) CASE NO. IPC-E-26-01 COMPANY'S APPLICATION FOR ) APPROVAL OF THE SECOND ) ORDER NO. 36949 AMENDMENT OF THE FIRM ENERGY ) SALES AGREEMENT BETWEEN IDAHO ) POWER COMPANY AND CYCLE ) HORSESHOE BEND WIND,LLC ) On January 12, 2026, Idaho Power Company ("Company") applied to the Idaho Public Utilities Commission ("Commission") requesting the Commission issue an order approving the Second Amendment to the Firm Energy Sales Agreement ("FESA") between the Company and Cycle Horseshoe Bend Wind, LLC ("CHBW") ("Application"). On January 21, 2026, the Commission issued a Notice of Application and a Notice of Modified Procedure setting written comment deadlines. Order No. 36908. Commission Staff ("Staff") filed comments. The Commission received no public comments or Company reply comments. Having reviewed the record in this case we now issue this Final Order approving the Second Amendment to the FESA as filed. THE APPLICATION The Company entered the Commission-approved FESA for the purchase of energy produced by the Horseshoe Bend Wind Park ("Facility") with CHBW's successor in interest in 2004. Application at 2. In 2014, the Commission approved the First Amendment to the FESA, which modified Avoided Energy Cost determinations under the agreement. Id. CHBW was assigned its successor in interest's rights and responsibilities under the FESA in 2017. Id. The FESA will reach the end of its 20-year term in February 2026, making the proposed Second Amendment to the FESA necessary to implement 2026 published avoided cost pricing in conformance with Order No.29391.Id. at 3.The Company represented that approval of the Second Amendment to the FESA was a time-sensitive issue and requested the Commission issue an order "as soon as possible."Id. at 4. ORDER NO. 36949 1 STAFF COMMENTS Following its review of the Second Amendment to the FESA, Staff believed the proposed 2026 avoided cost rates were consistent with Order No. 29391,which established the avoided cost rates contained in the original FESA. Staff Comments at 2. Staff recommended the Commission approve the Second Amendment to the FESA. Id. COMMISSION DECISION AND FINDINGS The Commission has jurisdiction over this matter under Idaho Code §§ 61-502 and 61- 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. The Commission also has authority under the Public Utility Regulatory Policies Act of 1978 ("PURPA") and Federal Energy Regulatory Commission ("FERC") regulations to set avoided cost rates, to order electric utilities to enter fixed-term obligations for the purchase of energy from QFs, and to implement FERC rules. The Commission may enter any final order consistent with its authority under Title 61 and PURPA. The Commission has reviewed the record, including the Application, the Second Amendment to the FESA, and Staff's comments. We find that the proposed 2026 avoided cost rates are consistent with the original FESA and therefore approve the Second Amendment to the FESA as filed. ORDER IT IS HEREBY ORDERED that the Second Amendment to the FESA between the Company and CHBW is approved without change or condition. 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 regarding 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. 36949 2 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 26ffi day of February 2026. G EDWARD LODGE, PR „ DENT JO R. HAMMOND JR., COMMISSIONER /A DAYN HA DIE, COMMISSIONER ATTEST: I IlYch nchez Commission Secretary I:\Legal\ELECTRIC\IPC-E-26-01_ESA\orders\IPCE2601_FO jl.docx ORDER NO. 36949 3