The Idaho Public Utilities Commission New Competitive Procurement Case

On August 29, 2024, the Idaho Public Utilities Commission (Idaho Commission) directed Idaho Power Company (Idaho Power) to develop potential modifications to the Request for Proposal (RFP) process, and approved a Powerex market purchase agreement as prudently incurred.

Idaho Power filed an application with the Idaho Commission seeking approval of a market purchase agreement with Powerex. Idaho Power represented that the Powerex Agreement would provide the Company with 200 megawatts of firm capacity.

In addition to recommending approval of the Powerex agreement, the Idaho Commission Staff identified what it believed were systemic flaws in the current RFP process, and which should be addressed for future RFPs. The Idaho Commission Staff recommended that Idaho Power be directed to file an Idaho case for the review and approval of any RFP that the Oregon Public Utility Commission (Oregon Commission) requires.

Idaho Power stated that it was not, in principle, opposed to Staff’s RFP recommendation; however, Idaho Power believed that directing it to file a case for review and approval of any RFP the Oregon Commission requires was premature.

The Northwest & Intermountain Power Producers Coalition (NIPPC) did not oppose the Commission undertaking a parallel review process to the Oregon Commission’s process overseeing Idaho Power’s RFPs. However, NIPPC recommended that, to the extent that the Idaho Commission may propose use of a different set of rules for an Idaho Commission administered process, the Idaho Commission should develop such rules in a generic proceeding where interested parties can comment on the proposed rules. NIPPC was also concerned that adopting a new Idaho Commission-administered process might not ultimately result in more streamlined RFPs for Idaho Power.

The Idaho Commission approved the Powerex agreement, and directed the Idaho Commission Staff to file a new case and present any requested modifications to the RFP process for consideration by the Idaho Commission no later than March 31, 2025.

Richardson Adams, PLCC, and Sanger Law, PC represented NIPPC in this proceeding.

NIPPC represents electricity market participants in the Pacific Northwest, including independent power producers, electricity service suppliers, and transmission companies. NIPPC is committed to facilitating cost-effective electricity sales, offering consumers choices in their energy supply, and advancing fair, competitive power markets.


Disclaimer
These materials are intended to as informational and are not to be considered legal advice or legal opinion, nor do they create a lawyer-client relationship. Information included about previous case results does not assure a similar future result.