HomeMy WebLinkAbout20260825APPLICATION.pdf HIQAHO POWERO
RECEIVED
Donvan E.Walker August 25, 2026
Lead Counsel
dwalker(a)idahopower.com IDAHO PUBLIC
UTILITIES COMMISSION
August 25, 2026
Commission Secretary
Idaho Public Utilities Commission
11331 W. Chinden Boulevard
Building 8, Suite 201-A
Boise, Idaho 83714
Re: Case No. IPC-E-26-24
In the Matter of the Application of Idaho Power Company for Approval of the
Third Amendment to the Power Purchase Agreement Between Idaho Power
and Telocaset Wind Power Partners, LLC
Dear Commission Secretary:
Attached for electronic filing, please find Idaho Power Company's Application in
the above-entitled matter. The confidential version will be sent to the parties who
executed the Protective Agreement.
If you have any questions about the attached documents, please do not hesitate
to contact me.
Sincerely,
Donovan E. Walker
DEW:cd
Enclosures
1221 W. Idaho St(83702)
P.O. Box 70
Boise, ID 83707
CERTIFICATE OF ATTORNEY
ASSERTION THAT INFORMATION CONTAINED IN AN IDAHO PUBLIC UTILITIES
COMMISSION FILING IS PROTECTED FROM PUBLIC INSPECTION
Idaho Power Company's Application for Approval of the Third Amendment to the
Power Purchase Agreement Between Idaho Power and Telocaset Wind Power
Partners, LLC
Case No. IPC-E-26-24
The undersigned attorney, in accordance with Commission Rules of Procedure 67,
believes that the Application and Attachment 1 of the Application, dated August 25, 2026,
contains information that Idaho Power and/or a third party claim constitutes trade secrets
or other confidential business data exempt from disclosure under Idaho Code § 74-101,
et seq., and/or§48-801, et seq. As such, it is protected from public disclosure, inspection,
examination, or copying.
DATED this 25th day of August 2026.
Donovan E. Walker
Counsel for Idaho Power Company
DONOVAN E. WALKER (ISB No. 5921)
Idaho Power Company
1221 West Idaho Street (83702)
P.O. Box 70
Boise, Idaho 83707
Telephone: (208) 388-5317
Facsimile: (208) 388-6936
dwalker idahopower.com
Attorneys for Idaho Power Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF IDAHO POWER COMPANY FOR ) CASE NO. IPC-E-26-24
APPROVAL OF THE THIRD AMENDMENT )
TO THE POWER PURCHASE ) APPLICATION
AGREEMENT BETWEEN IDAHO POWER )
AND TELOCASET WIND POWER )
PARTNERS, LLC. )
Idaho Power Company ("Idaho Power" or "Company"), in accordance with Idaho
Public Utilities Commissions ("Commission") Rule of Procedure' 52, hereby
respectfully applies to the Idaho Public Utilities Commission for an order approving the
Third Amendment to the Power Purchase Agreement ("PPA") between Idaho Power
Company and Telocaset Wind Power Partners, LLC ("Third Amendment"), which extends
the term of the PPA and updates the applicable pricing schedule in Appendix A of the
Agreement, as amended.
In support of this Application, Idaho Power represents as follows:
Hereinafter cited as RP.
APPLICATION - 1
I. BACKGROUND
1. Idaho Power and Telocaset Wind Power Partners, LLC (jointly, "Parties")
entered into a PPA on December 15, 2006, with an Initial Term of 20 years from the
Operation Date, for the purchase and sale of energy produced by the Elkhorn Wind Park
("Facility"). The PPA, which is not a contract under the Public Utility Regulatory Policies
Act of 1978 ("PURPA") but includes many provisions similar to those in PURPA contracts,
was approved by the Commission in Order No. 30259 issued in Case No. IPC-E-06-31
on February 27, 2007. Based on the Facility's Operation Date of December 28, 2007, the
Initial Term ends December 31, 2027.
2. The PPA contains two pricing options: Post-Operation Date Pricing and
Post-Operation Date Alternative Pricing, which Idaho Power could elect after satisfying
certain conditions precedent as specified in the PPA. Since February 2012, Idaho Power
has been paying for energy from the Facility in accordance with the Post-Operation Date
Alternative Pricing schedule set forth in Appendix A to the PPA.
3. On December 19, 2014, the Parties entered into a First Amendment to the
PPA, which revised a reporting requirement and resolved the Parties' conflicting
interpretations of the PPA's provisions regarding assumption of curtailment risk while
under the election to utilize Post-Operation Date Alternative Pricing. The First
Amendment to the PPA was approved by the Commission in Order No. 33318 issued in
Case No. IPC-E-15-09.
4. The Parties entered into a Second Amendment to the PPA on May 29,
2024, to update the Post-Operation Date Alternative Pricing schedule set forth in
Appendix A of the PPA, as amended, when it was discovered that the PPA only contained
pricing through 2026, and therefore did not correspond to the Initial Term of 20 years
APPLICATION - 2
ending December 31 , 2027. Idaho Power filed a request for approval of the Second
Amendment to the PPA in Case No. IPC-E-24-24 to update Appendix A to include 2027
prices, which was approved with Order No. 36345.
5. As noted above, the PPA's initial term ends on December 31, 2027.
However, in accordance with the PPA, Idaho Power has the option to extend the term of
the agreement beyond the December 31, 2027, expiration date, subject to the mutual
agreement of the Parties on the terms and conditions applicable to the extension. On July
2, 2026, the Parties entered into the Third Amendment to the PPA to extend the term,
which is more fully described below, and is subject to the Commission's approval. A copy
of the Third Amendment is attached to this Application as Confidential Attachment 1.
II. THE THIRD AMENDMENT
6. As discussed in many of Idaho Power's recent proceedings before the
Commission, the Company has capacity deficits in 2028 and beyond. Idaho Power has
conducted All-Source Requests for Proposals ("RFP") seeking resources to come online
beginning in 2028 which has resulted in the addition of new resources, but capacity
deficiencies remain. As such, and pursuant to Article 4.1 .2, Idaho Power notified
Telocaset that it was interested in discussing a potential extension of the term. The Parties
entered into confidential negotiations and, following Idaho Power's evaluation of the
Facility's proposal and a third-party lifespan assessment of the facility, ultimately agreed
to a five-year term extension at a Base Rate of$= per megawatt-hour. The negotiated
Base Rate was agreed to following Idaho Power's evaluation of the proposed pricing
which compared favorably to that of new resources bid into the Company's RFP
solicitations, as well as unsolicited non-RFP proposals, and as compared to the escalated
prices in effect at the end of the term of the PPA. In addition, Idaho Power considered the
APPLICATION - 3
Facility's contribution to capacity needs, the fact that it is an existing project and thus does
not present development risk, its operational history and its willingness to perform and
provide a Lifespan Assessment Study before the Third Amendment was executed.
7. Accordingly, the Third Amendment revises both Article 4.1.1, 4.1.2, and
Appendix A of the PPA. Article 4.1.1 is modified to acknowledge the five-year extension,
such that the initial term of the PPA becomes 25-years, while Appendix A of the PPA, as
amended, adds the 2028-2032 prices to the Post-Operation Date Alternative Pricing table
and is set forth on page 3 of Confidential Attachment 1.
8. In addition, the Parties agreed to an option, similar to the initial option in
Article 4.1.2, for Idaho Power to extend the Term for another five years beyond this first
five-year extension of the term to December 31, 2032, at rates, terms and conditions to
be negotiated at that time. Except as expressly provided in the Third Amendment, the
conditions, obligations, rates, and other terms of the PPA, as amended, remain in full
force and effect.
III. MODIFIED PROCEDURE
9. Idaho Power believes that a technical hearing is not necessary to consider
the issues presented herein and respectfully requests that this Application be processed
under Modified Procedure, i.e., by written submissions rather than by hearing. RP 201,
et seq. If, however, the Commission determines that a technical hearing is required, the
Company stands ready to prepare and present testimony and exhibits as appropriate in
such hearing.
IV. COMMUNICATIONS AND SERVICE OF PLEADINGS
10. Communications and service of pleadings, exhibits, orders, and other
documents relating to this proceeding should be sent to the following:
APPLICATION - 4
Donovan E. Walker Energy Contracts
Idaho Power Company Idaho Power Company
1221 West Idaho Street (83702) 1221 West Idaho Street (83702)
P.O. Box 70 P.O. Box 70
Boise, Idaho 83707 Boise, Idaho 83707
dwalker _idahopower.com energycontractsCcD_idahopower.com
docketsCcD,idaho power.com
V. REQUEST FOR RELIEF
11. Idaho Power respectfully requests that the Commission issue an order
approving the Third Amendment to the PPA between Idaho Power and Telocaset Wind
Power Partners, LLC as submitted herewith without change or condition.
Respectfully submitted this 25th day of August, 2026.
DONOVAN WALKER
Attorney for Idaho Power Company
APPLICATION - 5
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 25th day of August, 2026, 1 served a true and
correct copy of the within and foregoing APPLICATION upon the following named parties
by the method indicated below, and addressed to the following:
Commission Secretary Hand Delivered
Idaho Public Utilities Commission U.S. Mail
11331 W. Chinden Blvd., Bldg No. 8 Overnight Mail
Suite 201-A (83714) FAX
PO Box 83720 FTP Site
Boise, ID 83720-0074 X Email
Courtesy Copy:
Paul Thomas — Paul.Thomas(D..EDP.com
Marian Villegas — Marian.Villegas(a)-EDP.com
David Nutt — David.Nutt(a.EDP.com
Keanen Ryan — Keanen.Ryan EDP.com
Cedric Kouam — Cedric.Kouam(a)-EDP.com
Christy Davenport
Legal Administrative Assistant
APPLICATION - 6
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. IPC-E-26-24
IDAHO POWER COMPANY
CONFIDENTIAL ATTACHMENT 1
ATTACHMENT 1
IS CONFIDENTIAL AND WILL BE PROVIDED TO THOSE PARTIES THAT EXECUTE
THE PROTECTIVE AGREEMENT IN THIS MATTER