Feds step into middle of fight over power

BOISE, Idaho — Federal regulators are wading into another Idaho energy fight, taking the state to court to force it to approve contracts requiring Idaho Power Co. to buy electricity from a small wind project.

The move by the Federal Energy Regulatory Commission marks the latest instance where regulators in Washington have intervened in Idaho. In September, it forbid utilities from curtailing contractually required wind energy purchases during low-demand periods.

It also signals a showdown with the Idaho Public Utilities Commission, which is sticking by its decision to reject contracts between wind developer Murphy Flat Wind and Idaho Power.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

Last month, the three-member panel decided Murphy Flat had missed important deadlines to appeal the state’s rejection of its power purchase agreements. Gene Fadness, an Idaho Public Utilities Commission spokesman, said Wednesday state regulators see no reason to now change their ruling.

“We’ll argue it in federal court in Boise,” Fadness told The Associated Press. “In this case, Murphy Flat waited more than 15 months before filing its FERC case. The lack of a timely appeal disrupts the regulatory process, introduces uncertainty and is contrary to the interests of ratepayers and utilities.”

Idaho’s renewable energy landscape, especially for wind power developers, is extremely unsettled, with Fadness’ agency now considering changes to state provisions governing when and how utilities must buy their electricity under a federal law, the Public Utility Regulatory Policies Act of 1978, or PURPA, designed to promote independent power sources.

In September, for instance, the last time federal regulators waded into an Idaho dust-up, FERC told the state commission and utilities including Idaho Power and Rocky Mountain Power that PURPA forbid them from curtailing contractually obligated purchases of electricity from wind farms during low-demand periods.

That case is under appeal.

In the case at hand this week, Murphy Flat aims to build three projects totaling 30 average megawatts in southern Idaho’s Owyhee County, south of Boise.

Idaho Power has been critical of such developments, arguing their owners have been breaking up projects into units small enough to qualify for attractive PURPA contracts — and driving up ratepayers’ costs.

Consequently, it doesn’t want their power.

The Idaho Public Utilities Commission has sided with utilities, all but shutting down such developments since December 2010.

But FERC says Idaho regulators’ rejection of Murphy Flat’s contracts violated PURPA and must reverse course.

Ron Williams, Murphy Flat’s attorney, didn’t return a phone call seeking comment Wednesday on FERC’s decision to take the matter to a federal judge.

Peter Richardson, another Boise-based attorney for renewable energy developers, said FERC’s move marks a first in PURPA’s 34-year history: Shouldering the burden of litigation against a state, rather than leaving it up to the private company.

“It is extraordinary,” said Richardson, who regularly butts heads with the utilities. “I think FERC has lost patience with the Idaho commission.”

FERC spokesman Craig Cano in Washington didn’t return a phone call seeking comment Wednesday.

FERC’s decision to go to court came on a 4-1 vote.

In his dissent, Commissioner Tony Clark said he’d prefer the panel leave litigating up to Murphy Flat Wind.

“The Commission has chosen to expend federal resources to defend the claims of a single wind developer,” Clark wrote. “I would prefer to follow longstanding policy: The Commission makes a decision, but then allows the developer to fight its own fight.”

Stephanie McCurdy, an Idaho Power spokeswoman, said Idaho’s biggest utility is considering options, now that a federal judge will likely decide the fate of its disputed contracts with Murphy Flat.

“We’re looking at it very closely and evaluating what the next steps might be,” McCurdy said.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Everett Historic Theater owner Curtis Shriner inside the theater on Tuesday, May 13, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Historic Everett Theatre sale on horizon, future uncertain

With expected new ownership, events for July and August will be canceled. The schedule for the fall and beyond is unclear.

Contributed photo from Snohomish County Public Works
Snohomish County Public Works contractor crews have begun their summer 2016 paving work on 13 miles of roadway, primarily in the Monroe and Stanwood areas. This photo is an example of paving work from a previous summer. A new layer of asphalt is put down over the old.
Snohomish County plans to resurface about 76 miles of roads this summer

EVERETT – As part of its annual road maintenance and preservation program,… Continue reading

City of Everett Engineer Tom Hood, left, and City of Everett Engineer and Project Manager Dan Enrico, right, talks about the current Edgewater Bridge demolition on Friday, May 9, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
How do you get rid of a bridge? Everett engineers can explain.

Workers began dismantling the old Edgewater Bridge on May 2. The process could take one to two months, city engineers said.

Smoke from the Bolt Creek fire silhouettes a mountain ridge and trees just outside of Index on Sept. 12, 2022. (Olivia Vanni / The Herald)
County will host two wildfire-preparedness meetings in May

Meetings will allow community members to learn wildfire mitigation strategies and connect with a variety of local and state agencies.

Helion's 6th fusion prototype, Trenta, on display on Tuesday, July 9, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Helion celebrates smoother path to fusion energy site approval

Helion CEO applauds legislation signed by Gov. Bob Ferguson expected to streamline site selection process.

Vehicles travel along Mukilteo Speedway on Sunday, April 21, 2024, in Mukilteo, Washington. (Ryan Berry / The Herald)
Mukilteo cameras go live to curb speeding on Speedway

Starting Friday, an automated traffic camera system will cover four blocks of Mukilteo Speedway. A 30-day warning period is in place.

Carli Brockman lets her daughter Carli, 2, help push her ballot into the ballot drop box on the Snohomish County Campus on Tuesday, Nov. 5, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Here’s who filed for the primary election in Snohomish County

Positions with three or more candidates will go to voters Aug. 5 to determine final contenders for the Nov. 4 general election.

Sound Transit approves contract to build Bothell bus facility

The 365,000-square-foot facility will be the heart of the agency’s new Stride bus rapid transit system, set to open in 2028.

One dead in Everett crash involving motorcycle and two vehicles

Police shut down the 10300 block of Evergreen Way in both directions during the multi-vehicle collision investigation.

Katie Wallace, left, checks people into the first flight from Paine Field to Honolulu on Friday, Nov. 17, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
Executive order makes way for Paine Field expansion planning

Expansion would be a long-range project estimated to cost around $300 million.

A person pauses to look at an art piece during the Schack Art Center’s 50th anniversary celebration on Thursday, Oct. 10, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Everett to seek Creative District designation

The city hopes to grow jobs in the creative sector and access new grant funds through the state label.

Former Herald writer Melissa Slager’s new book was 14-year project

The 520-page historical novel “Contests of Strength” covers the 1700 earthquake and tsunami on Makah lands.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.