20260928Final_Order_No_37186.pdf

Office of the Secretary
Service Date
September 28,2026
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER ) CASE NO. IPC-E-26-22
COMPANY'S APPLICATION FOR )
APPROVAL OF THE FIRST AMENDMENT )
TO THE ENERGY SALES AGREEMENT ) ORDER NO. 37186
BETWEEN IDAHO POWER AND PICO )
ENERGY, LLC )
On July 6,2026,Idaho Power Company("Company") applied to the Idaho Public Utilities
Commission ("Commission") requesting an order approving the First Amendment ("First
Amendment") to the Energy Sales Agreement ("ESA") between the Company and Pico Energy,
LLC("Pico")regarding Pico's cogeneration facility("Application").Application at 1.If approved,
the First Amendment would modify the ESA to: (1) show the reduction in nameplate capacity at
Pico's cogeneration facility ("Facility") from 2.276 megawatts ("MW") to 1.138 MW; (2) update
the Facility's description and capacity amount; and (3) incorporate language approved by the
Commission regarding Facility modifications.Id. at 2-3. No petitions to intervene were filed.
On August 3, 2026, the Commission issued a Notice of Modified Procedure, establishing
written comment deadlines. Order No. 37115. Commission Staff ("Staff') filed comments to
which the Company replied. No other comments were received.
Based on our review of the record, we issue this Final Order approving the First
Amendment to the ESA, subject to conditions.
THE APPLICATION
The Company represented that the First Amendment does not change the ESA's terms and
conditions and does not change the parties' obligations under the ESA. Id. at 3. The Company
stated the Facility is fueled by natural gas and is interconnected to the Company's electrical system.
Id. at 2. The Company explained that it purchases energy produced by the Facility. Id. The
Company stated that the Facility previously operated with two generators. Id. The Company
represented that Pico decommissioned one of the two generators at the Facility due to its age,
condition, and required maintenance. Id. The Company explained that the change in operation to
one generator reduced the Facility's nameplate capacity to 1.138 MW. Id. The Company stated it
and Pico agreed to the First Amendment so that the ESA would reflect the lower nameplate
ORDER NO. 37186 1

capacity of the Facility. Id. The Company explained that the First Amendment modified "Article
XXII (Modification)" and appendices B-1 and B-4 of the ESA.Id.
STAFF COMMENTS
Based on Staff s review of the ESA and the First Amendment, Staff recommended the
Commission approve the First Amendment, subject to the condition that the First Amendment be
edited to reflect the correct value and unit of capacity amounts stated in the ESA, and that the
edited First Amendment be filed with the Commission through a compliance filing. Staff
Comments at 2.
Staff believed that the capacity payments to Pico would not be impacted by the First
Amendment. Id. Staff noted that the First Amendment did not correctly specify the "value and
unity of the capacity amounts"detailed in the ESA.Id. at 2-3. Staff created a table to illustrate the
typographical errors it identified in the First Amendment.Id. at 3. Staff believed the modifications
to the ESA proposed in the First Amendment complied with Order No. 35705 issued in Case No.
IPC-E-22-28 (Application for ESA with Lower Lowline LLC). Id.
COMPANY REPLY
While the Company admitted and agreed that there were typographical errors contained in
the First Amendment, the Company stated that it was not necessary nor administratively efficient
for it to submit a compliance filing to correct the errors. Company Reply at 2. The Company
supported this argument by stating that the ESA,as amended by the First Amendment,was correct
and that the language errors in the First Amendment were presentational in nature and thus were
not material.Id.
COMMISSION FINDINGS AND DECISION
The Commission has jurisdiction over the Application and the issues in this case under
Title 61 of the Idaho Code including,Idaho Code §§ 61-501, -502, and -503. The Commission is
empowered to investigate rates, charges, rules, regulations, practices, and contracts of all public
utilities and to determine whether they are just, reasonable, preferential, discriminatory, or in
violation of any provisions of law, and to fix the same by order. Idaho Code §§ 61-501, -502, and
-503.
The Commission has reviewed the record in this case. Based on our review, we approve
the First Amendment because the First Amendment does not change the ESA's terms and
ORDER NO. 37186 2

conditions, does not change the parties' obligations under the ESA, and will not impact the
capacity payments to Pico.
Even though the Commission approves the First Amendment, because the First
Amendment does not accurately describe the units and values of the capacity amounts stated in
Appendix B-1 and Appendix B-4 of the ESA, and thus does not represent an accurate record, the
Commission's approval is subject to the condition that the Company must file as a compliance
filing an updated First Amendment that correctly lists the units and values of the capacity amounts
stated in the ESA.
ORDER
IT IS HEREBY ORDERED that the First Amendment is approved, subject to the condition
that the Company must file with the Commission as a compliance filing an updated First
Amendment that reflects the correct units and values of the capacity amounts stated in Appendix
B-1 and Appendix B-4 of the ESA.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within 21 days of the service date of this Order regarding any matter decided in
this Order.Within seven days after any person has petitioned for reconsideration, any other person
may cross-petition for reconsideration.Idaho Code § 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 28th day of
September 2026.
EDWARD LODGE, P&tSIDENT
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J R. HAMMOND JR., COMMISSIONER
DAYN HA DIE, COMMISSIONER
ATTEST:
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Commission Secretary
L\Legal\ELECTRIC\IPC-E-26-22_PicoEnergy\orders\IPCE2622_FO_kr.docx
ORDER NO. 37186 3