20240124Final_Order_No_36068.pdf

ORDER NO. 36068 1

Office of the Secretary
Service Date
January 24, 2024
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

On November 7, 2023, Idaho Power Company (“Company”) filed an application
(“Application”) for approval of the Second Amendment (“Second Amendment”) to its 2022
special contract for electric service between the Company and Micron Technology, Inc.
(“Micron”). Updated versions of the Company’s Schedule 26 in a clean and legislative form
accompanied the Application as an attachment.
On November 29, 2023, the Commission issued a Notice of Application and Notice of
Modified Procedure establishing public comment and Company reply deadlines. Order No. 36010.
Commission Staff (“Staff”) filed the only comments.
Having reviewed the record, the Commission issues this Order approving the
Company’s Application.
BACKGROUND
The Company formed a revised special contract for electric service with Micron in
March of 2022 to replace one that had been in effect since 2009. In August of 2023, the
Commission approved the first amendment to the 2022 special contract, which modified the
special contract to address certain issues the Commission identified in Case No. IPC-E-22-06.
THE APPLICATION
The Company seeks approval of the Second Amendment to its special contract with
Micron. The proposed Second Amendment extends the annual deadline for retiring environmental
attributes connected with project output from January 31 to March 1. The Company states that the
parties to the special contract seek this extension because of the logistics of retiring such attributes.
STAFF COMMENTS
Staff reviewed the Application, focusing on whether the Second Amendment would
materially change the special contract or impact other customers. Staff believes extending the
IN THE MATTER OF IDAHO POWER
COMPANY’S APPLICATION FOR
APPROVAL OF THE SECOND
AMENDMENT TO THE 2022 SPECIAL
CONTRACT FOR ELECTRIC SERVICE
BETWEEN IDAHO POWER COMPANY
AND MICRON TECHNOLOGY, INC.
)
)
)
)
)
)
)
)
CASE NO. IPC-E-23-30

ORDER NO. 36068
ORDER NO. 36068 2

annual deadline for retiring environmental attributes from January 31 to March 1 neither materially
changes the special contract nor impacts other customers.
Staff also reviewed the copies of the proposed Second Amendment and updated
Schedule 26 submitted with the Application. Staff believes that these documents adequately
address the necessary changes to amend the special contract as described in the Application.
Accordingly, Staff recommends approval of the Second Amendment and updated Schedule 26, as
filed.
COMMISSION DISCUSSION AND FINDINGS
The Commission has jurisdiction over the Company’s Petition 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 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, 61-
503. Based on our review of the record, including the Application, proposed Second Amendment,
and Staff’s comments, we find it reasonable to grant the Company’s Application.
Extending the annual deadline for retiring environmental attributes connected with
project output from January 31 to March 1 neither materially changes the Company’s special
contract with Micron nor impacts other customers. Additionally, the proposed Second Amendment
and updated Schedule 26 submitted with the Application adequately address the changes to the
special contract described in the Application. Accordingly, we find it fair, just, and reasonable to
approve the Company’s Second Amendment to its 2022 special contract for electric service with
Micron and updated Schedule 26, as filed.
O R D E R
IT IS HEREBY ORDERED that the Second Amendment to the 2022 special contract
for electric service between Idaho Power Company and Micron Technology, Inc. and the updated
version of Idaho Power Company’s Schedule 26 are approved, as filed.
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 about 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. See Idaho Code § 61-626.
ORDER NO. 36068 3

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 24th day
of January 2024.

ERIC ANDERSON, PRESIDENT

JOHN R. HAMMOND JR., COMMISSIONER

EDWARD LODGE, COMMISSIONER

ATTEST:

Monica Berrios-Sanchez
Commission Secretary

I:\Legal\ELECTRIC\IPC-E-23-30_MicronContract\orders\IPCE2330_final_at.docx