20231012Final_Order_No_35956.pdf

ORDER NO. 35956 1
Service Date October 12, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF IDAHO POWER COMPANY’S APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE RESOURCES TO BE ONLINE BY 2024 AND FOR APPROVAL OF A POWER PURCHASED AGREEMENT WITH FRANKLIN SOLAR LLC
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ORDER NO. 35956
On February 17, 2023, Idaho Power Company (“Company”) filed an application
(“Application”) with the Idaho Public Utilities Commission (“Commission”) requesting an order:
(1) granting the Company a Certificate of Public Convenience and Necessity (“CPCN”) to acquire
72 megawatts (“MW”) of dispatchable energy storage to meet an identified capacity deficiency in
2024; and (2) approving the 25-year Power Purchase Agreement (“PPA”) between Idaho Power
and Franklin Solar LLC (“Franklin Solar”).
On August 23, 2023, the Commission issued Order No. 35900 directing the Company to
submit an updated PPA to address and modify Section 7.12.2.3, Section 12.2.2, and Section 23.1
within thirty days from the service date of the Order.
On September 21, 2023, the Company filed a Compliance Filing that contained the First
Amendment to the PPA signed by the Company and Franklin Solar LLC.
COMMISSION FINDINGS AND DECISION
The Commission has jurisdiction over the Company’s Application and the issues in this
case under Title 61 of the Idaho Code including Idaho Code §§ 61-301 through 303. 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 through 503.
Having reviewed the record and the Company’s filing, the Commission finds that the
Company’s First Amendment to the PPA comports with the provisions of Order No. 35900.

ORDER NO. 35956 2
ORDER
IT IS HEREBY ORDERED that the Company’s First Amendment to the PPA filed on
September 21, 2023, is accepted.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date upon 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
and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this 12th day of
October 2023.

ERIC ANDERSON, PRESIDENT

JOHN R. HAMMOND JR., COMMISSIONER

EDWARD LODGE, COMMISSIONER ATTEST:

Jan Noriyuki Commission Secretary

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