ITEM 2. MANAGEMENT’S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION
AND RESULTS OF OPERATIONS
In Management’s Discussion and Analysis of Financial Condition and Results of Operations (MD&A) in this report, the general financial condition and results of operations for IDACORP, Inc. and its subsidiaries (collectively, IDACORP) and Idaho Power Company and its subsidiary (collectively, Idaho Power) are discussed. While reading the MD&A, please refer to the accompanying condensed consolidated financial statements of IDACORP and Idaho Power. Also refer to "Cautionary Note Regarding Forward-Looking Statements" in this report for important information regarding forward-looking statements made in this MD&A and elsewhere in this report. This discussion updates the MD&A included in IDACORP's and Idaho Power's Annual Report on Form 10-K for the year ended December 31, 2021 (2021 Annual Report), and should also be read in conjunction with the information in that report. The results of operations for an interim period generally will not be indicative of results for the full year, particularly in light of the seasonality of Idaho Power's sales volumes, as discussed below.
INTRODUCTION
IDACORP is a holding company formed in 1998 whose principal operating subsidiary is Idaho Power. IDACORP’s common stock is listed and trades on the New York Stock Exchange under the trading symbol "IDA". Idaho Power is an electric utility whose rates and other matters are regulated by the Idaho Public Utilities Commission (IPUC), Public Utility Commission of Oregon (OPUC), and Federal Energy Regulatory Commission (FERC). Idaho Power generates revenues and cash flows primarily from the sale and distribution of electricity to customers in its Idaho and Oregon service areas, as well as from the wholesale sale and transmission of electricity. Idaho Power experiences its highest retail energy sales during the summer irrigation and cooling season, with a lower peak in the winter that generally results from heating demand.
Idaho Power is the parent of Idaho Energy Resources Co. (IERCo), a joint venturer in Bridger Coal Company (BCC), which mines and supplies coal to the Jim Bridger generating plant (Jim Bridger plant) owned in part by Idaho Power. IDACORP’s other significant subsidiaries include IDACORP Financial Services, Inc. (IFS), an investor in affordable housing and other real estate tax credit investments, and Ida-West Energy Company, an operator of small hydropower generation projects that satisfy the requirements of the Public Utility Regulatory Policies Act of 1978 (PURPA).
EXECUTIVE OVERVIEW
Management's Outlook and Company Initiatives
In the 2021 Annual Report, IDACORP's and Idaho Power's management included a summary of their business strategies for the companies for 2022 and beyond, under the heading "Executive Overview" in the MD&A. As of the date of this report, management's outlook and strategy remain consistent with that discussion, as updated by some of the discussion in this MD&A as noted below.
•Idaho Power continues to execute on its four strategic areas and initiatives: growing financial strength, improving Idaho Power's core business, enhancing Idaho Power's brand, and focusing on safety and employee engagement.
•Idaho Power continues to expect positive customer growth in its service area. During the first nine months of 2022, Idaho Power's customer count grew by over 11,200 customers, and for the twelve months ended September 30, 2022, the customer growth rate was 2.5 percent.
•As part of Idaho Power's preparation of its 2023 Integrated Resource Plan (IRP), Idaho Power updated its preliminary load growth forecast assumptions, which include significant large load additions from commercial and industrial customers in the 5-year forecasted annual growth rate.
•In September 2022, IDACORP's board of directors approved a 5.3 percent increase in the regular quarterly cash dividend on IDACORP’s common stock from $0.75 per share to $0.79 per share, as a part of a 163 percent increase in quarterly dividends approved over the last eleven years.
•Idaho Power anticipates making substantial capital investments, with expected total capital expenditures of up to $2.8 billion over the five-year period from 2022 (including the expenditures incurred to-date in 2022) through 2026, based on the resource portfolio included in the 2021 IRP. The preliminary estimates from the load and resource forecast from the 2023 IRP indicate an increase in demand from commercial and industrial customers, which could further increase Idaho Power’s future capital expenditures for generation, transmission, and distribution resources to serve the new and expanding customers, and Idaho Power is in the process of estimating the potential magnitude of those expenditures in connection with the preparation of its 2023 IRP.
•Idaho Power continues to focus on timely recovery of costs and earning a reasonable return on investment, including working to evaluate and ensure that its rate design and regulatory mechanisms more closely reflect the cost to provide electric service.
•In June 2022, the IPUC issued an order approving Idaho Power’s amended application requesting authorization to recover costs associated with its plan to cease participation in coal-fired operations at the Jim Bridger plant by 2028 (Bridger Order). For more information on the Bridger Order, see "Regulatory Matters" in this MD&A.
•Idaho Power is committed to continuing to provide reliable, affordable, safe service to its customers while furthering its environmental, social, and governance initiatives, including the "Clean Today. Cleaner Tomorrow.®" goal to provide Idaho Power's customers with 100 percent clean energy by 2045, as well as water stewardship and environmental projects, and the company’s workforce recruiting, retention, and connection initiatives.
Summary of Financial Results
The following is a summary of Idaho Power's net income, net income attributable to IDACORP, and IDACORP's earnings per diluted share for the three and nine months ended September 30, 2022 and 2021 (in thousands, except earnings per share amounts):
| | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Three months ended September 30, | | Nine months ended September 30, |
| | 2022 | | 2021 | | 2022 | | 2021 |
Idaho Power net income | | $ | 104,532 | | | $ | 98,222 | | | $ | 213,181 | | | $ | 211,414 | |
Net income attributable to IDACORP, Inc. | | $ | 106,380 | | | $ | 97,897 | | | $ | 216,928 | | | $ | 212,752 | |
Weighted average outstanding shares – diluted | | 50,722 | | | 50,681 | | | 50,689 | | | 50,621 | |
IDACORP, Inc. earnings per diluted share | | $ | 2.10 | | | $ | 1.93 | | | $ | 4.28 | | | $ | 4.20 | |
The table below provides a reconciliation of net income attributable to IDACORP for the three and nine months ended September 30, 2022, from the same periods in 2021 (items are in millions and are before related income tax impact unless otherwise noted).
| | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Three months ended | | Nine months ended |
Net income attributable to IDACORP, Inc. - September 30, 2021 | | | | $ | 97.9 | | | | | $ | 212.8 | |
Increase (decrease) in Idaho Power net income: | | | | | | | | |
Customer growth, net of associated power supply costs and power cost adjustment mechanisms | | 3.6 | | | | | 9.4 | | | |
Usage per retail customer, net of associated power supply costs and power cost adjustment mechanisms | | 12.6 | | | | | (3.1) | | | |
Idaho fixed cost adjustment (FCA) revenues | | (5.1) | | | | | (4.7) | | | |
Retail revenues per megawatt-hour (MWh), net of associated power supply costs and power cost adjustment mechanisms | | 10.6 | | | | | 15.9 | | | |
Transmission wheeling-related revenues | | 1.2 | | | | | 6.1 | | | |
| | | | | | | | |
Other operations and maintenance (O&M) expenses | | (12.9) | | | | | (31.5) | | | |
Depreciation expense | | (1.8) | | | | | 5.8 | | | |
Other changes in operating revenues and expenses, net | | (4.7) | | | | | (5.3) | | | |
| | | | | | | | |
Increase (decrease) in Idaho Power operating income | | 3.5 | | | | | (7.4) | | | |
| | | | | | | | |
Non-operating expense, net | | 2.2 | | | | | 7.3 | | | |
| | | | | | | | |
Income tax expense | | 0.6 | | | | | 1.9 | | | |
Total increase in Idaho Power net income | | | | 6.3 | | | | | 1.8 | |
Other IDACORP changes (net of tax) | | | | 2.2 | | | | | 2.3 | |
Net income attributable to IDACORP, Inc. - September 30, 2022 | | | | $ | 106.4 | | | | | $ | 216.9 | |
Net Income - Third Quarter 2022
IDACORP's net income increased $8.5 million for the third quarter of 2022 compared with the third quarter of 2021, due primarily to higher net income at Idaho Power. At Idaho Power, customer growth increased operating income by $3.6 million in the third quarter of 2022 compared with the third quarter of 2021, as the number of Idaho Power customers grew by over 15,100, or 2.5 percent, during the twelve months ended September 30, 2022. Higher sales volumes on a per-customer basis in all customer classes increased operating income by $12.6 million. Warmer and drier weather in the third quarter of 2022, when
compared with the third quarter of 2021, caused customers to use more energy on a per-customer basis for air conditioning and irrigation pumping. The revenue impact of the increase in sales volumes per customer was partially offset by the FCA mechanism (applicable to residential and small commercial customers), which decreased revenues in the third quarter of 2022 by $5.1 million compared with the third quarter of 2021.
The net increase in retail revenues per MWh, net of associated power supply costs and power cost adjustment mechanisms, increased operating income by $10.6 million during the third quarter of 2022 compared with the third quarter of 2021. The net increase was partially due to changes in Idaho Power's customer sales mix, which includes separate rate tariffs based on customer class. To a greater extent, the increase was due to the June 1, 2022 rate increase for Idaho Power’s Idaho retail customers related to the Bridger Order. Idaho Power plans to cease participation in all coal-related operations at the Jim Bridger plant by 2028. Idaho Power expects the Bridger Order to increase operating revenues, net depreciation expense, and income tax expense in future periods and estimates the impacts of the Bridger Order will increase net income by approximately $10 million in 2023. Idaho Power expects the ongoing annual benefit to net income thereafter from the Bridger Order to decline each year through 2030, primarily due to the annual decline in Jim Bridger plant coal-related rate base, which Idaho Power expects to be fully depreciated by December 31, 2030. For more information on the Bridger Order, see "Regulatory Matters" in this MD&A.
Transmission wheeling-related revenues increased $1.2 million during the third quarter of 2022 compared with the third quarter of 2021 as Idaho Power's open access transmission tariff (OATT) rates were approximately 4 percent higher.
Other O&M expenses increased $12.9 million in the third quarter of 2022 compared with the third quarter of 2021 due mostly to inflationary pressures on labor-related costs, professional services, vehicle fuel, and supplies, and to a lesser extent, the timing of performance-based variable compensation accruals.
Depreciation expense increased $1.8 million due primarily to an increase in utility plant in service and the impacts of the Bridger Order, which authorized Idaho Power in its Idaho jurisdiction to accelerate depreciation on, earn a return on, and recover through 2030 the net book value of coal-related assets at Idaho Power's jointly-owned Jim Bridger plant as of December 31, 2020, plus forecasted plant investments.
Other changes in operating revenues and expenses, net, decreased operating income by $4.7 million in the third quarter of 2022 compared with the third quarter 2021, due to the increase in net power supply expenses that were not deferred for future recovery in rates through Idaho Power's power cost adjustment mechanisms. Higher wholesale energy market prices in the western United States and higher energy usage by Idaho Power customers, combined with below-average generation from Idaho Power's hydroelectric facilities, increased Idaho Power's net power supply expenses in the third quarter of 2022.
Net non-operating expense decreased $2.2 million in the third quarter of 2022 compared with the third quarter of 2021. Allowance for funds used during construction (AFUDC) increased as the average construction work in progress balance was higher throughout the third quarter of 2022 compared with the third quarter of 2021.
At IDACORP, a $1.8 million increase in net income for the third quarter of 2022 compared with the third quarter of 2021 was primarily due to changes in tax basis adjustments between the periods at IFS.
Net Income - Year-To-Date 2022
IDACORP's net income increased $4.1 million for the first nine months of 2022 compared with the first nine months of 2021, due primarily to higher net income at Idaho Power and IFS. At Idaho Power, customer growth increased operating income by $9.4 million. Usage per retail customer decreased operating income by $3.1 million in the first nine months of 2022 compared with the same period of 2021. Lower sales volumes on a per-customer basis for irrigation customers more than offset higher sales volumes on a per customer basis in the other customer classes. Warmer and drier weather in Idaho Power's service area during the third quarter of 2022 compared with the third quarter of 2021 led customers to use more energy per customer for air conditioning and irrigation pumping, but for irrigation customers this higher usage per customer in the third quarter only partially offset the lower usage per irrigation customer in the second quarter. The positive revenue impact of the increase in sales volumes per residential and small commercial customer was partially offset by the FCA mechanism, which decreased revenues in the first nine months of 2022 by $4.7 million compared with the first nine months of 2021.
The net increase in retail revenues per MWh, net of associated power supply costs and power cost adjustment mechanisms, increased operating income by $15.9 million during the first nine months of 2022 compared with the first nine months of 2021 due primarily to the June 1, 2022 rate increase for Idaho Power’s Idaho retail customers related to the Bridger Order. Also, changes in Idaho Power's customer sales mix, which includes separate rate tariffs based on customer class, contributed to the increase in retail revenues per MWh.
Transmission wheeling-related revenues increased $6.1 million during the first nine months of 2022 compared with the first nine months of 2021. Warmer weather in the southwest United States and milder weather in the Pacific Northwest during the second quarter of 2022 compared with the second quarter of 2021 led to a price spread between energy market hubs. This price spread increased wheeling activity across Idaho Power's transmission system for wheeling customers to access these markets in the first nine months of 2022 compared with the first nine months of 2021. Also, Idaho Power's OATT rates were approximately 4 percent higher in the first nine months of 2022 compared with the first nine months of 2021. In addition, two new long-term wheeling agreements executed in April 2021 contributed to increased wheeling volumes during the first four months of 2022 compared with the same period in 2021.
Other O&M expenses increased $31.5 million in the first nine months of 2022 compared with the first nine months of 2021, due partially to maintenance activities at the Jim Bridger coal plant, Langley Gulch natural gas plant, and American Falls hydropower project. Most of those maintenance activities are performed as scheduled maintenance, but not annually. Also, inflationary pressures on labor-related costs, professional services, vehicle fuel, and supplies and, to a lesser extent, the timing of performance-based variable compensation accruals contributed to the increase in other O&M expenses in the first nine months of 2022 compared with the first nine months of 2021.
Depreciation expense decreased $5.8 million, due primarily to the impact of the Bridger Order described above in this MD&A, which authorized Idaho Power to accelerate the depreciation on and recover through 2030 the net book value of coal-related assets at Idaho Power's jointly-owned Jim Bridger plant as of December 31, 2020, plus forecasted plant investments. The Bridger Order resulted in Idaho Power recording the deferral of certain depreciation expense in the second quarter of 2022.
Other changes in operating revenues and expenses, net, decreased operating income by $5.3 million in the first nine months of 2022 compared with the same period of 2021, due to the increase in net power supply expenses that were not deferred for future recovery in rates through Idaho Power's power cost adjustment mechanisms. Higher wholesale energy market prices in the western United States and higher energy usage by Idaho Power customers, combined with below-average generation from Idaho Power's hydroelectric facilities, increased Idaho Power's net power supply expenses in the first nine months of 2022.
Non-operating expense, net, decreased $7.3 million in the first nine months of 2022 compared with the first nine months of 2021. AFUDC increased as the average construction work in progress balance was higher throughout the first nine months of 2022 compared with the same period of 2021. Also, interest income increased due to higher market interest rates, and investment income increased related to life insurance claims in the rabbi trust for Idaho Power's nonqualified defined benefit pension plans, in the first nine months of 2022 compared with the same period of 2021.
Idaho Power's income tax expense for the first nine months of 2022 decreased by $1.9 million compared with the same period of 2021, primarily due to plant-related income tax return adjustments.
At IDACORP, a $2.2 million increase in net income for the first nine months of 2022 compared with the first nine months of 2021 was primarily due to changes in tax basis adjustments between the periods at IFS.
Overview of General Factors and Trends Affecting Results of Operations and Financial Condition
IDACORP's and Idaho Power's results of operations and financial condition are affected by a number of factors, and the impact of those factors is discussed in more detail below in this MD&A. To provide context for the discussion elsewhere in this report, some of the more notable factors are as follows:
•Economic Conditions and Loads: Economic conditions impact consumer demand for energy, revenues, collectability of accounts, the volume of wholesale energy sales, and the need to construct and improve infrastructure, purchase power, and implement programs to meet customer load demands. In recent years, Idaho Power has seen significant growth in the number of customers in its service area. Over the twelve months ended September 30, 2022, Idaho Power's customer count grew by 2.5 percent. While current inflationary and volatile economic conditions could slow the rate of residential customer growth in the near-term, Idaho Power expects its number of customers and, to a greater extent due to anticipated commercial and industrial customer growth, its load to continue to increase in the foreseeable future.
In 2022, Idaho Power began preparing its 2023 IRP, its 20-year forecast of power demand and supply options. As of the date of this report, the preliminary load forecast assumptions Idaho Power expects to use in the 2023 IRP are included in the table below. The 2023 preliminary IRP assumptions include significant large commercial and industrial additions in the 5-year forecasted annual growth rate, including load from new facilities recently announced by Meta
Platforms, Inc. and Micron Technology, Inc. (Micron). For comparison purposes, the analogous average annual growth rates used in the prior two IRPs are included.
| | | | | | | | | | | | | | | | | | | | | | | | | | |
| | 5-Year Forecasted Annual Growth Rate | | 20-Year Forecasted Annual Growth Rate |
| | Retail Sales (Billed MWh) | | Annual Peak (Peak Demand) | | Retail Sales (Billed MWh) | | Annual Peak (Peak Demand) |
2023 IRP (preliminary) | | 6.8% | | 4.8% | | 2.3% | | 1.9% |
2021 IRP | | 2.6% | | 2.1% | | 1.4% | | 1.4% |
2019 IRP | | 1.3% | | 1.4% | | 1.0% | | 1.2% |
Idaho Power believes that existing and sustained growth in customers, load, and peak demand for electricity will require Idaho Power to increase its investment in capacity resources, transmission, and distribution infrastructure. This includes the Boardman-to-Hemingway and Gateway West transmission projects, along with other capacity and energy resources contemplated by the resource procurements described in the "Rate Base Growth and Infrastructure Investment" section below in this MD&A. Existing and projected growth has resulted in the need for Idaho Power to procure additional sources of energy and capacity to serve the demand and to maintain system reliability. Further, changes in the regional transmission markets in recent years have constrained the transmission system external to Idaho Power's service area and impacted Idaho Power's ability to import energy from energy markets in the western United States during peak load periods, which has increased the need for new transmission and generation resources.
In order to meet growth in its service area, Idaho Power relies on numerous vendors to provide goods and services and economic conditions have resulted in inflationary cost increases and supply chain constraints. Those inflationary pressures have impacted not only external costs, but also Idaho Power's internal labor costs. Inflationary pressures on both external costs and internal labor costs were notable components of the increases in other O&M expenses in 2022 relative to 2021. Idaho Power has taken measures to help ensure the availability of supply chain-constrained items that are needed to serve new and existing customers, such as ordering distribution transformers and other electrical apparatus in advance and from new suppliers. Idaho Power has also taken measures to help mitigate where possible cost increases through supplier diversity and contract negotiation, as it works to meet the demands of continued customer and load growth amid an uncertain national and global economic environment.
•Rate Base Growth and Infrastructure Investment: The rates established by the IPUC, OPUC, and FERC are determined with the intent to provide an opportunity for Idaho Power to recover authorized operating expenses and depreciation and earn a reasonable return on “rate base.” Rate base is generally determined by reference to the original cost (net of accumulated depreciation) of utility plant in service and certain other assets, subject to various adjustments for deferred income taxes and other items. Over time, rate base is increased by additions to utility plant in service as authorized by the IPUC and OPUC and reduced by depreciation, retirement, and write-off of utility plant. Idaho Power is pursuing significant enhancements to its utility infrastructure in an effort to maintain system reliability, ensure an adequate supply of electricity and capacity, and provide service to new customers. In addition to typical infrastructure investment to maintain reliable service to customers, these infrastructure projects include major ongoing new transmission projects such as the Boardman-to-Hemingway and Gateway West projects, as well as utility-scale battery storage projects and other resource procurements. Idaho Power's existing hydropower and thermal generation facilities also require continuing upgrades and equipment replacement, and the company is undertaking a significant relicensing effort for the Hells Canyon Complex (HCC), its largest hydropower generation resource. Idaho Power intends to pursue timely inclusion of any significant completed capital projects into rate base as part of a future general rate case or other appropriate regulatory proceeding.
As noted above, growth in customers, load, and peak demand for electricity will require Idaho Power to increase its investment in its power supply, transmission, and distribution infrastructure. While demand varies and is based on numerous factors, Idaho Power's 2021 IRP indicated Idaho Power may have a resource capacity deficit for peak energy demand of 101 megawatts (MW) in 2023, an additional 85 MW deficit in 2024, and an additional 125 MW deficit in 2025. For more information on the 2021 IRP, including the load forecast assumptions Idaho Power used in its 2021 IRP, refer to "Resource Planning" in Item 1 - "Business" in the 2021 Annual Report. To help meet peak demand in 2023, Idaho Power has entered into contracts to purchase, own, and operate 120 MW of battery storage assets, and also entered into a 20-year power purchase agreement in February 2022 for the output of a planned third-party 40-MW solar facility. In March 2022, Idaho Power filed an application with the IPUC requesting approval of a revised special contract for electric service between Idaho Power and its existing customer, Micron, under which Micron would purchase from Idaho Power the energy generated by the solar facility.
To help address the capacity deficits projected for 2024 and 2025, Idaho Power has been pursuing multiple options and issued a request for proposals (RFP) in December 2021. Idaho Power is the process of assessing the RFP responses and negotiating terms with potential third parties. Depending on RFP results, the timing of project in-service dates, and the outcome of regulatory proceedings, Idaho Power expects it could invest over $400 million in capital expenditures from 2022 through 2025 for resource additions to help meet projected capacity deficits. However, as noted in the "Economic Conditions and Loads" section above, Idaho Power recently updated its preliminary load growth forecast assumptions in preparation of its 2023 IRP, which include significant large load additions in the 5-year forecasted annual growth rate. To serve these expected increases in load and peak demand, Idaho Power believes it may need to increase its investment in power supply, transmission, and distribution infrastructure beyond the level of investment previously planned for in connection with the 2021 IRP. For more information about forecasted capital expenditures and expected rate base growth, see the "Liquidity and Capital Resources" section of this MD&A.
•Regulation of Rates and Cost Recovery; General Rate Case Filing: The prices that Idaho Power is authorized to charge for its electric and transmission service is a critical factor in determining IDACORP's and Idaho Power's results of operations and financial condition. Those rates are established by state regulatory commissions and the FERC and are intended to allow Idaho Power an opportunity to recover its expenses and earn a reasonable return on investment. Idaho Power focuses on timely recovery of its costs through filings with its regulators, working to put in place innovative regulatory mechanisms, and prudent management of expenses and investments. Idaho Power has a regulatory settlement stipulation in Idaho that includes provisions for the accelerated amortization of accumulated deferred investment tax credits (ADITC) to help achieve a minimum 9.4 percent Idaho-jurisdiction return on year-end equity (Idaho ROE). The settlement stipulation also provides for the potential sharing between Idaho Power and its Idaho customers of Idaho-jurisdictional earnings in excess of 10.0 percent of Idaho ROE, which would adjust to the authorized return on equity in the next general rate case. The settlement stipulation has no expiration date but the minimum Idaho ROE would revert back to 95 percent of the allowed return on equity in the next Idaho general rate case. The specific terms of the settlement stipulation are described in Note 3 - "Regulatory Matters" to the consolidated financial statements included in the 2021 Annual Report.
With Idaho Power’s anticipated significant infrastructure investments, including those that are intended to help meet projected near-term capacity deficits, Idaho Power believes it is likely that it will file a general rate case in Idaho in the next twelve months. Several factors impact Idaho Power’s timing and need to file general rate cases, including the expected increase in depreciation expense from rate-base eligible assets as they are placed into service, the significant amounts of capital expenditures Idaho Power has made since its last general rate case filed in 2011, the expected financing costs for capital expenditures in a higher interest-rate environment, and inflationary pressures on other O&M expenses described above. In Idaho, Idaho Power is required to file a notice of its intent to file a general rate case with the IPUC at least 60 days before filing an application for a general rate case, and Idaho Power expects the processing of a general rate case in Idaho would span at least seven months before new rates would be in effect. In Oregon, Idaho Power expects that processing of a general rate case would take approximately ten months.
•Weather Conditions: Weather and agricultural growing conditions have a significant impact on Idaho Power's energy sales. Relatively low and high temperatures result in greater energy use for heating and cooling, respectively. During the agricultural growing season, which in large part occurs during the second and third quarters of each year, irrigation customers use electricity to operate irrigation pumps, and weather conditions can impact the timing and extent of use of those pumps. Idaho Power also has tiered rates and seasonal rates, which contribute to increased revenues during higher-load periods, most notably during the third quarter of each year when overall customer demand is highest. Much of the adverse or favorable impact of weather on sales of energy to residential and small commercial customers is mitigated through the Idaho FCA mechanism, which is described in Note 3 - "Regulatory Matters" to the condensed consolidated financial statements included in this report.
Further, as Idaho Power's hydropower facilities comprise over one-half of Idaho Power's nameplate generation capacity, precipitation levels impact the mix of Idaho Power's generation resources. When hydropower generation decreases, Idaho Power must rely on more expensive generation sources and purchased power. When favorable hydropower generating conditions exist for Idaho Power, they also may exist for other Pacific Northwest hydropower facility operators, lowering regional wholesale market prices and impacting the revenue Idaho Power receives from wholesale energy sales. Much of the adverse or favorable impact of this volatility is addressed through the Idaho and Oregon power cost adjustment mechanisms, which lessens the potential earnings benefit or detriment of volatile hydrological conditions and their impact on overall power supply costs. For 2022, due to relatively low reservoir storage carryover combined with the year's snowpack conditions, precipitation levels, and timing of run-off, Idaho
Power expects generation from its hydropower resources to be in the range of 5.3 to 5.6. million MWh, compared with 30-year average total annual hydropower generation of approximately 7.7 million MWh.
•Mitigation of the Impact of Fuel and Purchased Power Expense: In addition to hydropower generation, Idaho Power relies significantly on natural gas and coal to fuel its generation facilities and on power purchases in the wholesale markets. Fuel costs are impacted by electricity sales volumes, the terms and conditions of contracts for fuel, Idaho Power's generation capacity, the availability of hydropower generation resources, transmission capacity, energy market prices, and Idaho Power's hedging program for managing fuel costs. Purchased power costs are impacted by the terms and conditions of contracts for purchased power, the rate of expansion of alternative energy generation sources such as wind or solar energy, hydropower generation resource maintenance outages, and wholesale energy market prices. The Idaho and Oregon power cost adjustment mechanisms mitigate in large part the potential adverse impacts to Idaho Power of fluctuations in power supply costs.
•Regulatory and Environmental Compliance Costs; Coal-plant Retirements: Idaho Power is subject to extensive federal and state laws, policies, and regulations, as well as regulatory actions and audits by agencies and quasi-governmental agencies, including the FERC, the North American Electric Reliability Corporation, and the Western Electricity Coordinating Council. Compliance with these requirements directly influences Idaho Power's operating environment and affects Idaho Power's operating costs. Moreover, environmental laws and regulations may increase the cost of constructing new facilities, may increase the cost of operating generation plants, may require that Idaho Power install additional pollution control devices at existing generating plants, may result in penalties for non-compliance, even where inadvertent, or may require that Idaho Power curtail or cease operating certain generation plants. Idaho Power expects to spend significant amounts on environmental compliance and controls for the foreseeable future. Due to economic factors in part associated with the costs of compliance with environmental regulation, Idaho Power accelerated the retirement date of its jointly-owned coal-fired generating plant in Valmy, Nevada (Valmy plant), ceasing operations at one unit in 2019 and planning to cease operations at the remaining unit by year-end 2025. Idaho Power's jointly-owned coal plant in Boardman, Oregon, ceased operations as planned in October 2020. In June 2022, the IPUC approved Idaho Power's request to allow the coal-related assets at the Jim Bridger plant to be fully depreciated and recovered by end-of-year 2030. The IPUC's Bridger Order related to Idaho Power's plan to cease participation in coal-related operations at the Jim Bridger plant by 2028 is described more fully in the "Regulatory Matters" section of this MD&A.
•Water Management and Relicensing of Hydropower Projects: Because of Idaho Power's reliance on stream flow in the Snake River and its tributaries, Idaho Power participates in numerous proceedings and venues that may affect its water rights, seeking to preserve the long-term availability of its rights for its hydropower projects. Also, Idaho Power is involved in renewing its long-term federal licenses for the HCC, its largest hydropower generation source, and for American Falls, its second largest hydropower generation source. Given the number of parties involved, Idaho Power's relicensing costs have been and are expected to continue to be substantial. Idaho Power cannot currently determine the ultimate terms of, and costs associated with, any resulting long-term licenses for the HCC or American Falls facilities.
•Wildfire Mitigation Efforts: In recent years, the western United States has experienced an increasing trend in the degree of annual destruction from wildfires. A variety of factors have contributed to this trend including climate change, increased wildland-urban interfaces, historical land management practices, and overall wildland and forest health. While Idaho Power has not experienced to date the extent of catastrophic wildfires within its service area that have occurred in California and elsewhere in the western United States, Idaho Power is taking a proactive approach to wildfire threat in its service area and transmission corridors. Idaho Power has adopted a Wildfire Mitigation Plan (WMP) that outlines actions Idaho Power is taking or is working to implement in the future to reduce wildfire risk and to strengthen the resiliency of its transmission and distribution system to wildfires. Idaho Power's approach to achieve these objectives includes identifying areas subject to elevated risk; system hardening programs, vegetation management, and field personnel practices to mitigate wildfire risk; incorporating current and forecasted weather and field conditions into operational practices; public safety power shutoff protocols adopted in 2022; and evaluating the performance and effectiveness of the strategies identified in the WMP through metrics and monitoring. In June 2021, the IPUC authorized Idaho Power to defer, for future amortization, the Idaho jurisdictional share of actual incremental O&M expenses and depreciation expense of certain capital investments necessary to implement the WMP. The WMP cases with the IPUC are described in more detail in the "Regulatory Matters" section of this MD&A.
RESULTS OF OPERATIONS
This section of MD&A takes a closer look at the significant factors that affected IDACORP’s and Idaho Power’s earnings during the three and nine months ended September 30, 2022. In this analysis, the results for the three and nine months ended September 30, 2022, are compared with the same periods in 2021.
Sales Volumes and Generation Summary
The table below presents Idaho Power’s energy sales and supply (in thousands of MWh) for the three and nine months ended September 30, 2022 and 2021.
| | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Three months ended September 30, | | Nine months ended September 30, |
| | 2022 | | 2021 | | 2022 | | 2021 |
Retail energy sales | | 4,897 | | | 4,578 | | | 12,170 | | | 12,044 | |
Wholesale energy sales | | 182 | | | 289 | | | 320 | | | 478 | |
Bundled energy sales | | 36 | | | 105 | | | 586 | | | 349 | |
Total energy sales | | 5,115 | | | 4,972 | | | 13,076 | | | 12,871 | |
Hydropower generation | | 1,354 | | | 1,362 | | | 4,219 | | | 4,237 | |
Coal generation | | 1,288 | | | 1,074 | | | 2,883 | | | 1,982 | |
Natural gas and other generation | | 844 | | | 930 | | | 1,482 | | | 2,237 | |
Total system generation | | 3,486 | | | 3,366 | | | 8,584 | | | 8,456 | |
Purchased power | | 1,874 | | | 1,956 | | | 5,378 | | | 5,302 | |
Line losses | | (245) | | | (350) | | | (886) | | | (887) | |
Total energy supply | | 5,115 | | | 4,972 | | | 13,076 | | | 12,871 | |
Weather-related information for Boise, Idaho, for the three and nine months ended September 30, 2022 and 2021, is presented in the table below. While Boise, Idaho weather conditions are not necessarily representative of weather conditions throughout Idaho Power's service area, the greater Boise area has the majority of Idaho Power's customers and is included for illustrative purposes.
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Three months ended September 30, | | Nine months ended September 30, |
| | 2022 | | 2021 | | Normal (2) | | 2022 | | 2021 | | Normal (2) |
Heating degree-days(1) | | 13 | | | 59 | | | 94 | | | 3,518 | | | 2,980 | | | 3,181 | |
Cooling degree-days(1) | | 1,233 | | | 1,003 | | | 847 | | | 1,390 | | | 1,386 | | | 1,035 | |
Precipitation (inches) | | 0.3 | | | 1.5 | | | 0.8 | | | 7.6 | | | 7.8 | | | 8.0 | |
(1) Heating and cooling degree-days are common measures used in the utility industry to analyze the demand for electricity and indicate when a customer would use electricity for heating and cooling. A degree-day measures how much the average daily temperature varies from 65 degrees. Each degree of temperature above 65 degrees is counted as one cooling degree-day, and each degree of temperature below 65 degrees is counted as one heating degree-day.
(2) Normal heating degree-days and cooling degree-days elements are, by convention, the arithmetic mean of the elements computed over 30 consecutive years. The normal amounts are the sum of the monthly normal amounts. These normal amounts are computed by the National Oceanic and Atmospheric Administration.
Retail sales volumes increased 7 percent and 1 percent in the third quarter and first nine months of 2022, respectively, compared with the same periods in 2021, primarily due to growth in the number of Idaho Power customers and warmer and drier summer weather that caused customers to use more energy for cooling and irrigation. Customer growth increased sales volumes during the three and nine months ended September 30, 2022, compared with the same period in 2021, with the number of Idaho Power's customers growing by 2.5 percent over the prior twelve months. Cooling degree-days in Boise, Idaho during the three months ended September 30, 2022, were 23 percent higher compared to the same period in 2021 and 46 percent above normal which led customers to use more power for air conditioning. Precipitation in Boise Idaho was 77 percent lower during the three months ended September 30, 2022, and 58 percent below normal, which increased usage by irrigation customers by approximately 10 percent during the three months ended September 30, 2022, compared with the same period in 2021. For irrigation customers this higher usage per customer in the third quarter only partially offset the lower usage per irrigation customer in the second quarter in 2022, compared with 2021.
Total system generation increased 4 percent in the third quarter and 2 percent in the first nine months of 2022 compared with the same periods of 2021, due primarily to higher coal-fired generation, partially offset by decreased natural gas generation. Natural gas generation decreased 9 percent in the third quarter and 34 percent in the first nine months of 2022, respectively, due primarily to higher natural gas market prices. This decrease in natural gas generation during the third quarter and first nine months of 2022 led to a significant increase in coal generation to help reliably meet customer demand.
The financial impacts of fluctuations in wholesale energy sales, purchased power, fuel expense, and other power supply-related expenses are addressed in Idaho Power's Idaho and Oregon power cost adjustment mechanisms, which are described below in "Power Cost Adjustment Mechanisms" in this MD&A.
Operating Revenues
Retail Revenues: The table below presents Idaho Power’s retail revenues (in thousands) and MWh sales volumes (in thousands) for the three and nine months ended September 30, 2022 and 2021, and the number of customers as of September 30, 2022 and 2021.
| | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Three months ended September 30, | | Nine months ended September 30, |
| | 2022 | | 2021 | | 2022 | | 2021 |
Retail revenues: | | | | | | | | |
Residential (includes $(1,447), $3,552, $14,104, and $18,658, respectively, related to the FCA)(1) | | $ | 176,514 | | | $ | 154,670 | | | $ | 470,402 | | | $ | 432,088 | |
Commercial (includes $142, $272, $730, and $919, respectively, related to the FCA)(1) | | 101,794 | | | 88,177 | | | 259,620 | | | 238,055 | |
Industrial | | 60,306 | | | 52,889 | | | 161,353 | | | 146,366 | |
Irrigation | | 105,365 | | | 86,858 | | | 164,065 | | | 164,743 | |
| | | | | | | | |
Deferred revenue related to HCC relicensing AFUDC(2) | | (2,815) | | | (2,815) | | | (6,861) | | | (6,861) | |
| | | | | | | | |
Total retail revenues | | $ | 441,164 | | | $ | 379,779 | | | $ | 1,048,579 | | | $ | 974,391 | |
Volume of retail sales (MWh) | | | | | | | | |
Residential | | 1,620 | | | 1,478 | | | 4,458 | | | 4,242 | |
Commercial | | 1,192 | | | 1,128 | | | 3,227 | | | 3,144 | |
Industrial | | 883 | | | 878 | | | 2,620 | | | 2,585 | |
Irrigation | | 1,202 | | | 1,094 | | | 1,865 | | | 2,073 | |
Total retail MWh sales | | 4,897 | | | 4,578 | | | 12,170 | | | 12,044 | |
Number of retail customers at period end | | | | | | | | |
Residential | | 515,790 | | | 502,185 | | | | | |
Commercial | | 76,988 | | | 75,708 | | | | | |
Industrial | | 127 | | | 128 | | | | | |
Irrigation | | 22,092 | | | 21,860 | | | | | |
Total customers | | 614,997 | | | 599,881 | | | | | |
(1) The FCA mechanism is an alternative revenue program and does not represent revenue from contracts with customers.
(2) As part of its January 30, 2009, general rate case order, the IPUC is allowing Idaho Power to recover a portion of the AFUDC on construction work in progress related to the HCC relicensing process, even though the relicensing process is not yet complete and the costs have not been moved to electric plant in service. Idaho Power is collecting approximately $8.8 million annually in the Idaho jurisdiction but is deferring revenue recognition of the amounts collected until the license is issued and the accumulated license costs approved for recovery are placed in service.
Changes in rates, changes in customer usage, customer growth, and changes in FCA mechanism revenues are the primary reasons for fluctuations in retail revenues from period to period. The primary influences on customer usage of electricity are weather, economic conditions, and energy efficiency. Extreme temperatures increase sales to customers who use electricity for cooling and heating, while moderate temperatures decrease sales. Precipitation levels and the timing of precipitation during the agricultural growing season also affect sales to customers who use electricity to operate irrigation pumps. Rates are also seasonally adjusted, providing for higher rates during peak load periods, and residential customer rates are tiered, providing for higher rates based on higher levels of usage. The seasonal and tiered rate structures contribute to seasonal fluctuations in revenues and earnings.
Retail revenues increased $61.4 million and $74.2 million during the third quarter and first nine months of 2022, respectively, compared with the same periods in 2021. The factors affecting retail revenues during these periods are discussed below.
•Customers: Customer growth of 2.5 percent during the twelve months ended September 30, 2022, increased retail revenues by $6.0 million and $14.9 million in the third quarter and first nine months of 2022, respectively, compared with the same periods in 2021.
•Usage: Higher usage (on a per customer basis) in all customer classes increased retail revenues by $22.4 million in the third quarter of 2022 compared with the same period in 2021. Warmer and drier summer weather led to increased energy usage per residential customer for cooling and increased usage per irrigation customer for pump irrigation during the three months ended September 30, 2022, compared with the same period in 2021. During the first nine months of 2022, lower usage per customer reduced retail revenues by $2.1 million compared with the same period in 2021, as the higher usage per irrigation customer in the third quarter only partially offset the significantly lower usage per irrigation customer in the second quarter.
•Idaho FCA Revenue: The FCA mechanism, applicable to Idaho residential and small commercial customers, adjusts revenue each year to accrue, or defer, the difference between the authorized fixed-cost recovery amount per customer and the actual fixed costs per customer recovered by Idaho Power through volume-based rates during the year. Higher usage (on a per customer basis) by residential and small commercial customers during the third quarter and first nine months of 2022 decreased the amount of FCA revenue accrued by $5.1 million and $4.7 million, respectively, compared with the same periods in 2021.
•Rates: Average customer rates, excluding amounts related to the power cost adjustment mechanisms, increased retail revenues by $10.6 million and $15.9 million for the three and nine months ended September 30, 2022, compared with the same periods in 2021, due primarily to the June 1, 2022 rate increase for Idaho Power’s Idaho retail customers related to the Bridger Order. Also, changes in Idaho Power's customer sales mix, which includes separate rate tariffs based on customer class, contributed to the increase in retail revenues. Customer rates also include the collection from customers of amounts related to the power cost adjustment mechanisms, which increased revenues by $27.5 million and $50.2 million in the third quarter and first nine months of 2022, respectively, compared with the same periods of 2021. The amount collected from customers in rates under the power cost adjustment mechanisms has relatively little effect on operating income as a corresponding amount is recorded as expense in the same period it is collected through rates.
Wholesale Energy Sales: Wholesale energy sales consist primarily of opportunistic sales of surplus system energy, but also include sales into the energy imbalance market in the western United States. The table below presents Idaho Power’s wholesale energy sales for the three and nine months ended September 30, 2022 and 2021 (in thousands, except for per MWh amounts).
| | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Three months ended September 30, | | Nine months ended September 30, |
| | 2022 | | 2021 | | 2022 | | 2021 |
Wholesale energy revenues | | $ | 34,501 | | | $ | 23,188 | | | $ | 44,516 | | | $ | 33,755 | |
Wholesale volume in MWh sold | | 182 | | | 289 | | | 320 | | | 478 | |
Average wholesale energy revenues per MWh | | $ | 189.57 | | | $ | 80.24 | | | $ | 139.11 | | | $ | 70.62 | |
In the third quarter and the first nine months of 2022, wholesale energy revenues increased $11.3 million and $10.8 million, respectively, compared with the same periods of 2021, as higher wholesale market prices more than offset a decrease in volumes sold. The financial impacts of fluctuations in wholesale energy sales are largely mitigated by Idaho Power's Idaho and Oregon power cost adjustment mechanisms, which are described below in "Power Cost Adjustment Mechanisms" in this MD&A.
Transmission Wheeling-Related Revenues: Transmission wheeling-related revenues increased $1.2 million, or 6 percent, and $6.1 million, or 12 percent, during the third quarter and first nine months of 2022, respectively, compared with the same periods of 2021. A weather-related price spread between electricity market hubs increased wheeling activity across Idaho Power's transmission system for wheeling customers to access these markets during the first nine months of 2022, compared with the same period in 2021. In addition, two new long-term wheeling agreements executed in April 2021 contributed to increased wheeling volumes during the first four months of 2022 compared with the same period in 2021. Idaho Power's OATT rates were approximately 4 percent higher in the first nine months of 2022 compared with the first nine months of 2021.
Energy Efficiency Program Revenues: In both Idaho and Oregon, energy efficiency riders fund energy efficiency program expenditures. Expenditures funded through the riders are reported as an operating expense with an equal amount recorded in revenues, resulting in no net impact on earnings. The cumulative variance between expenditures and amounts collected through the rider is recorded as a regulatory asset or liability. A liability balance indicates that Idaho Power has collected more than it has spent, and an asset balance indicates that Idaho Power has spent more than it has collected. At September 30, 2022, Idaho Power's energy efficiency rider balances were a $0.2 million regulatory asset in the Idaho jurisdiction and $0.2 million regulatory liability in the Oregon jurisdiction.
Operating Expenses
Purchased Power: The table below presents Idaho Power’s purchased power expenses and volumes for the three and nine months ended September 30, 2022 and 2021 (in thousands, except for per MWh amounts).
| | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Three months ended September 30, | | Nine months ended September 30, |
| | 2022 | | 2021 | | 2022 | | 2021 |
Expense | | | | | | | | |
PURPA contracts | | $ | 55,633 | | | $ | 56,190 | | | $ | 144,236 | | | $ | 152,410 | |
Other purchased power (including wheeling) | | 137,251 | | | 81,598 | | | 225,799 | | | 149,482 | |
Total purchased power expense | | $ | 192,884 | | | $ | 137,788 | | | $ | 370,035 | | | $ | 301,892 | |
MWh purchased | | | | | | | | |
PURPA contracts | | 737 | | | 757 | | | 2,200 | | | 2,433 | |
Other purchased power | | 1,137 | | | 1,199 | | | 3,178 | | | 2,869 | |
Total MWh purchased | | 1,874 | | | 1,956 | | | 5,378 | | | 5,302 | |
Average cost per MWh from PURPA contracts | | $ | 75.49 | | | $ | 74.23 | | | $ | 65.56 | | | $ | 62.64 | |
Average cost per MWh from other sources | | $ | 120.71 | | | $ | 68.06 | | | $ | 71.05 | | | $ | 52.10 | |
Weighted average - all sources | | $ | 102.93 | | | $ | 70.44 | | | $ | 68.81 | | | $ | 56.94 | |
Purchased power expense increased $55.1 million, or 40 percent, and $68.1 million, or 23 percent, during the third quarter and first nine months of 2022 compared with the same periods of 2021. The increase in purchased power expense in 2022 is primarily due to higher wholesale energy market prices.
Fuel Expense: The table below presents Idaho Power’s fuel expenses and thermal generation for the three and nine months ended September 30, 2022 and 2021 (in thousands, except for per MWh amounts).
| | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Three months ended September 30, | | Nine months ended September 30, |
| | 2022 | | 2021 | | 2022 | | 2021 |
Expense | | | | | | | | |
Coal | | $ | 35,185 | | | $ | 33,247 | | | $ | 85,190 | | | $ | 61,854 | |
Natural gas | | 28,446 | | | 26,159 | | | 58,560 | | | 62,048 | |
Total fuel expense | | $ | 63,631 | | | $ | 59,406 | | | $ | 143,750 | | | $ | 123,902 | |
MWh generated | | | | | | | | |
Coal | | 1,288 | | | 1,074 | | | 2,883 | | | 1,982 | |
Natural gas | | 844 | | | 930 | | | 1,482 | | | 2,237 | |
Total MWh generated | | 2,132 | | | 2,004 | | | 4,365 | | | 4,219 | |
Average cost per MWh - Coal | | $ | 27.32 | | | $ | 30.96 | | | $ | 29.55 | | | $ | 31.21 | |
Average cost per MWh - Natural gas | | $ | 33.70 | | | $ | 28.13 | | | $ | 39.51 | | | $ | 27.74 | |
Weighted average, all sources | | $ | 29.85 | | | $ | 29.64 | | | $ | 32.93 | | | $ | 29.37 | |
| | | | | | | | |
The majority of the fuel for Idaho Power’s jointly-owned coal-fired plants is purchased through long-term contracts, including purchases from BCC, a one-third owned joint venture of IERCo. The price of coal from BCC is subject to fluctuations in mine operating expenses, geologic conditions, and production levels. BCC supplies approximately two-thirds of the coal used by the Jim Bridger plant. Natural gas is mainly purchased on the regional wholesale spot market at published index prices. In addition
to commodity (variable) costs, both natural gas and coal expenses include costs that are more fixed in nature for items such as capacity charges, transportation, and fuel handling. Period to period variances in fuel expense per MWh are noticeably impacted by these fixed charges when generation output is substantially different between the periods.
Fuel expense increased $4.2 million, or 7 percent, and $19.8 million, or 16 percent, in the third quarter and first nine months of 2022, respectively, compared with the same periods of 2021. The increases in fuel expense were primarily due to higher natural gas market prices in 2022, which resulted in an increase in the average cost per MWh of natural gas generation. Also, coal-fired generation increased to compensate for the significant decrease in natural gas generation resulting from higher natural gas market prices. Idaho Power expects natural gas market prices to be volatile and to remain elevated through the rest of 2022. Idaho Power's increase in coal generation in 2022 has resulted in the company using a significant portion of its share of coal inventory at its jointly-owned coal plants. Due to existing coal supply constraints, Idaho Power is currently optimizing dispatch of coal generation resources in an effort to help ensure adequate coal supply during its peak demand periods in late 2022 and in 2023. Given the coal supply constraints, Idaho Power may need to rely on more purchased power and natural gas-fired generation in those periods, depending in part on hydroelectric generating conditions in those periods.
Power Cost Adjustment Mechanisms: Idaho Power's power supply costs (primarily purchased power and fuel expense, less wholesale energy sales) can vary significantly from year to year. Volatility of power supply costs arises from factors such as weather conditions, wholesale market prices, volumes of power purchased and sold in the wholesale markets, Idaho Power's hydropower and thermal generation volumes and fuel costs, generation plant availability, and retail loads. To address the volatility of power supply costs, Idaho Power's power cost adjustment mechanisms in the Idaho and Oregon jurisdictions allow Idaho Power to recover from customers, or refund to customers, most of the fluctuations in power supply costs. The Idaho-jurisdiction power cost adjustment (PCA) includes a cost or benefit sharing ratio that allocates the deviations in net power supply expenses between customers (95 percent) and Idaho Power (5 percent), with the exception of PURPA power purchases and demand response program incentives, which are allocated 100 percent to customers. The Idaho deferral period, or PCA year, runs from April 1 through March 31. Amounts deferred or accrued during the PCA year are primarily recovered or refunded during the subsequent June 1 through May 31 period. The primary financial impact of the power cost adjustment mechanisms relates to the timing of operating cash flows, as cash may be paid out for power supply costs prior to recovery from customers.
The table that follows presents the components of the Idaho and Oregon power cost adjustment mechanisms for the three and nine months ended September 30, 2022 and 2021 (in thousands).
| | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Three months ended September 30, | | Nine months ended September 30, |
| | 2022 | | 2021 | | 2022 | | 2021 |
Power supply cost (deferral) accrual | | $ | (42,885) | | | $ | (17,257) | | | $ | (40,246) | | | $ | (1,131) | |
| | | | | | | | |
Amortization of prior year authorized balances | | 12,079 | | | (5,456) | | | 8,615 | | | (23,846) | |
Total power cost adjustment expense | | $ | (30,806) | | | $ | (22,713) | | | $ | (31,631) | | | $ | (24,977) | |
The power supply (deferrals) accruals represent the portion of the power supply cost fluctuations (deferred) accrued under the power cost adjustment mechanisms. When actual power supply costs are lower than the amount forecasted in power cost adjustment rates, most of the difference is accrued as an increase to a regulatory liability or decrease to a regulatory asset. When actual power supply costs are higher than the amount forecasted in power cost adjustment rates, most of the difference is deferred as an increase to a regulatory asset or decrease to a regulatory liability. The amortization of the prior year’s balances represents the offset to the amounts being collected or refunded in the current power cost adjustment year that were deferred or accrued in the prior PCA year.
Other O&M Expenses: Other O&M expenses increased $12.9 million, or 15 percent, and $31.5 million, or 12 percent, in the third quarter and first nine months of 2022, compared with same periods of 2021, due to inflationary pressures on labor-related costs, professional services, vehicle fuel, and supplies and, to a lesser extent, the timing of performance-based variable compensation accruals. Also, during the first nine months of 2022 compared with the first nine months of 2021, an increase in maintenance activities at the Jim Bridger coal plant, Langley Gulch natural gas plant, and American Falls hydropower project increased other O&M expenses. Most of those maintenance activities are performed as scheduled maintenance, but not annually.
Income Taxes
Income tax expense for IDACORP and Idaho Power for the nine months ended September 30, 2022 decreased by $3.8 million
and $1.9 million, respectively compared with the same period in 2021, primarily due to plant-related income tax return adjustments. For information relating to IDACORP's and Idaho Power's computation of income tax expense effective income tax rates, see Note 2 - "Income Taxes" to the condensed consolidated financial statements included in this report.
On August 16, 2022, the Inflation Reduction Act of 2022 (the Act) was signed into law. The Act prospectively provides for, among other things, the extension and modification of numerous renewable energy tax credits, including extension of the current investment tax credit (ITC) and production tax credit (PTC), a new ITC for standalone energy storage, application of the PTC to solar facilities, expands qualified ITC facilities to include stand-alone energy storage, and a transition to a technology-neutral ITC and PTC after 2024. The Act also created a transferability option that allows the energy tax credits to be sold to an unrelated taxpayer. The Act modifies the calculation of most of the energy tax credits by introducing the concept of a “base credit” of 6 percent and a “bonus credit” of an additional 24 percent if certain prevailing wage and apprenticeship requirements are met in the construction and ongoing maintenance of the renewable energy facilities. Additional credits are also available upon satisfying domestic content and locational requirements. Idaho Power is evaluating these renewable energy tax credit options in the context of its existing utility-scale battery storage projects, IRP analysis, future anticipated resource costs, and resource procurement process and analysis.
LIQUIDITY AND CAPITAL RESOURCES
Overview
Idaho Power continues to pursue significant enhancements to its utility infrastructure in an effort to ensure an adequate supply of electricity, to provide service to new customers, and to maintain system reliability. Idaho Power's existing hydropower and thermal generation facilities also require continuing upgrades and component replacement. Idaho Power anticipates these substantial capital expenditures will continue, with estimated total capital expenditures of up to $2.8 billion over the five-year period from 2022 through 2026, including expenditures incurred to-date in 2022.
Idaho Power funds its liquidity needs for capital expenditures through cash flows from operations, debt offerings, commercial paper markets, credit facilities, a term loan facility, and capital contributions from IDACORP. Idaho Power periodically files for rate adjustments for recovery of operating costs and capital investments to provide the opportunity to align Idaho Power's earned returns with those allowed by regulators.
As of October 28, 2022, IDACORP's and Idaho Power's access to debt, equity, and credit arrangements included:
•their respective $100 million and $300 million revolving credit facilities;
•IDACORP's shelf registration statement filed with the U.S. Securities and Exchange Commission (SEC) on May 16, 2022, which may be used for the issuance of debt securities and common stock;
•Idaho Power's shelf registration statement filed with the SEC on May 16, 2022, which may be used for the issuance of first mortgage bonds and debt securities; $1.2 billion remains available for issuance pursuant to state regulatory authority; and
•IDACORP's and Idaho Power's commercial paper, which may be issued up to an amount equal to the available credit capacity under their respective revolving credit facilities.
IDACORP and Idaho Power monitor capital markets with a view toward opportunistic debt and equity transactions, taking into account current and potential future long-term needs. As a result, IDACORP may issue debt securities or common stock, and Idaho Power may issue debt securities or first mortgage bonds, if the companies believe terms available in the capital markets are favorable and that issuances would be financially prudent. Idaho Power also periodically analyzes whether partial or full early redemption of one or more existing outstanding series of first mortgage bonds is desirable, and in some cases, may refinance indebtedness with new indebtedness.
Based on planned capital expenditures and other O&M expenses, the companies believe they will be able to meet capital and debt service requirements and fund corporate expenses during at least the next twelve months with a combination of existing cash, operating cash flows generated by Idaho Power's utility business, availability under existing credit facilities, and access to commercial paper and long-term debt markets.
IDACORP and Idaho Power generally seek to maintain capital structures of approximately 50 percent debt and 50 percent equity. Maintaining this ratio influences IDACORP's and Idaho Power's debt and equity issuance decisions. As of September 30, 2022, IDACORP's and Idaho Power's capital structures, as calculated for purposes of applicable debt covenants, were as follows:
| | | | | | | | | | | | | | |
| | IDACORP | | Idaho Power |
Debt | | 44% | | 46% |
Equity | | 56% | | 54% |
IDACORP and Idaho Power typically maintain their cash and cash equivalents in highly liquid investments, such as U.S. Treasury Bills, money market funds, and bank deposits.
Operating Cash Flows
IDACORP’s and Idaho Power’s operating cash inflows for the nine months ended September 30, 2022, were $269 million and $294 million, respectively, a decrease of $34 million for IDACORP and increase of $16 million for Idaho Power, compared with the same period in 2021. With the exception of cash flows related to income taxes, IDACORP's operating cash flows are principally derived from the operating cash flow of Idaho Power. Significant items that affected the comparability of the companies' operating cash flows in the first nine months of 2022 compared with the same period in 2021 were as follows:
•increased net income;
•changes in deferred taxes and taxes accrued and receivable combined to decrease IDACORP and Idaho Power cash flows by $29 million and $19 million, respectively;
•changes in working capital balances due primarily to timing, including fluctuations in accounts receivable, and accounts payable and other accrued liabilities as follows:
◦timing of collections of accounts receivable balances decreased operating cash flows by $21 million for IDACORP and $20 million for Idaho Power; and
◦timing of accounts payable and other accrued liability payments increased operating cash flows by $19 million for IDACORP and $63 million Idaho Power, of which $44 million of the difference between IDACORP and Idaho Power related to intercompany estimated tax payments.
Investing Cash Flows
Investing activities consist primarily of capital expenditures related to new construction and improvements to Idaho Power’s generation, transmission, and distribution facilities. IDACORP’s and Idaho Power’s net investing cash outflows for the nine months ended September 30, 2022, were $290 million and $278 million, respectively. Investing cash outflows for 2022 and 2021 were primarily for construction of utility infrastructure needed to address Idaho Power’s aging plant and equipment, customer growth, and environmental and regulatory compliance requirements. Significant items and transactions that affected investing cash flows during the first nine months of 2022 and 2021 were as follows:
•IDACORP’s and Idaho Power’s investing cash outflows for 2022 and 2021 included $305 million and $197 million, respectively, of additions to utility plant;
•IDACORP's investing cash outflows and inflows for 2022 and 2021 included $25 million in purchases of short-term investments and $25 million and $50 million, respectively, in sales of short-term investments;
•IDACORP's investing cash outflows for 2022 and 2021 included $10 million and $13 million, respectively, of tax credit investments in affordable housing and other real estate, which provide a return principally by reducing federal and state income taxes through tax credits and accelerated tax depreciation benefits;
•IDACORP's and Idaho Power's investing cash inflows for 2022 and 2021 included a $11 million and $8 million, respectively, return of investment from IERCo, a wholly-owned subsidiary of Idaho Power; and
•IDACORP's and Idaho Power's investing cash outflows and inflows for 2022 included $28 million and $31 million in purchases of equity and held-to-maturity in purchases of securities, respectively, and $57 million in sales of equity securities held in a rabbi trust, which is designated to provide funding for obligations related to Idaho Power's security plan for senior management employees.
Financing Cash Flows
Financing activities provide supplemental cash for both day-to-day operations and capital requirements, as needed. Idaho Power funds liquidity needs for capital investment, working capital, managing commodity price risk, and other financial commitments through cash flows from operations, debt offerings, commercial paper markets, credit facilities, a term loan facility, and capital contributions from IDACORP. IDACORP funds its cash requirements, such as payment of taxes, capital contributions to Idaho Power, and non-utility expenses allocated to IDACORP, through cash flows from operations, commercial paper markets, sales of common stock, and credit facilities.
IDACORP's and Idaho Power's net financing cash inflows for the nine months ended September 30, 2022, were $32 million and $35 million, respectively. During the first nine months of 2022, Idaho Power drew $150 million from a delayed draw term loan facility, described below, and IDACORP and Idaho Power paid dividends of $114 million.
Financing Programs and Available Liquidity
Term Loan Credit Agreement:
In March 2022, Idaho Power entered into a term loan credit agreement (Term Loan Facility). The Term Loan Facility is a two-year senior unsecured delayed draw term loan facility in the aggregate principal amount of $150 million. The maturity date of the Term Loan Facility is March 4, 2024. The Term Loan Facility which will be used for general corporate purposes, including funding Idaho Power's capital projects, provided for the issuance of loans in the aggregate principal amount of $150 million.
The interest rates for the floating rate advances under the Term Loan Facility were based on the highest of (1) the prime commercial lending rate of the lender acting as administrative agent, (2) the federal funds rate, plus 0.5 percent, (3) Term SOFR (as defined in the Term Loan Facility) for a one-month tenor that is published by CME Group Benchmark Administration limited (or the successor administrator of such rate), plus 1 percent, and (4) zero percent. The interest rates for SOFR Advances (as defined in the Term Loan Facility) were based on the Term SOFR rate for the borrower-selected period plus the Applicable Margin. The “Applicable Margin” is based on Idaho Power's senior unsecured non-credit enhanced long-term indebtedness credit rating, as set forth on a schedule to the Term Loan Facility.
At September 30, 2022, $150 million in principal amount had been drawn and was outstanding on the Term Loan Facility.
IDACORP Equity Programs: IDACORP has no current plans to issue equity securities in 2022 other than under its equity compensation plans.
Idaho Power First Mortgage Bonds: Idaho Power's issuance of long-term indebtedness is subject to the approval of the IPUC, OPUC, and Wyoming Public Service Commission (WPSC). In May and June 2022, Idaho Power received orders from the IPUC, OPUC, and WPSC authorizing the company to issue and sell from time to time up to $1.2 billion in aggregate principal amount of debt securities and first mortgage bonds, subject to conditions specified in the orders. Authority from the IPUC and WPSC is effective through May 31, 2025, subject to extension upon request to the IPUC and WPSC. The OPUC's order does not impose a time limitation for issuances, but does impose a number of other conditions, including a requirement that the interest rates for the debt securities or first mortgage bonds fall within either (a) designated spreads over comparable U.S. Treasury rates or (b) a maximum interest rate limit of eight percent.
In May 2022, Idaho Power filed a shelf registration statement with the SEC, which became effective upon filing, for the offer and sale of an unspecified principal amount of its first mortgage bonds. The issuance of first mortgage bonds requires that Idaho Power meet interest coverage and security provisions set forth in Idaho Power's Indenture of Mortgage and Deed of Trust, dated as of October 1, 1937, as amended and supplemented from time to time (Indenture). Future issuances of first mortgage bonds are subject to satisfaction of covenants and security provisions set forth in the Indenture, market conditions, regulatory authorizations, and covenants contained in other financing agreements.
In June 2022, Idaho Power entered into a selling agency agreement with six banks named in the agreement in connection with the potential issuance and sale from time to time of up to $1.2 billion aggregate principal amount of first mortgage bonds, secured medium term notes, Series M (Series M Notes), under the Indenture. Also in June 2022, Idaho Power entered into the Fiftieth Supplemental Indenture, dated effective as of June 30, 2022, to the Indenture (Fiftieth Supplemental Indenture). The Fiftieth Supplemental Indenture provides for, among other items the issuance of up to $1.2 billion in aggregate principal amount of Series M Notes pursuant to the Indenture. In October 2022, Idaho Power entered into the Fifty-first Supplemental Indenture to increase the limit of the amount of first mortgage bonds at any one time outstanding to $3.5 billion as provided in the Indenture. As of the date of this report, the maximum amount of additional first mortgage bonds Idaho Power could issue is approximately $1.5 billion, though this is currently limited to the $1.2 billion amount authorized by the IPUC, OPUC, and WPSC. Separately, the Indenture also limits the amount of additional first mortgage bonds that Idaho Power may issue to the sum of (a) the principal amount of retired first mortgage bonds and (b) 60 percent of total unfunded property additions, as defined in the Indenture. As of September 30, 2022, Idaho Power could issue approximately $2.3 billion of additional first mortgage bonds based on retired first mortgage bonds and total unfunded property additions.
IDACORP and Idaho Power Credit Facilities: IDACORP and Idaho Power have credit agreements for $100 million and $300 million credit facilities, respectively, which may be used for general corporate purposes and commercial paper back-up.
IDACORP's facility permits borrowings under a revolving line of credit of up to $100 million at any one time outstanding, including swingline loans not to exceed $10 million at any one time and letters of credit not to exceed $50 million at any one time. IDACORP's facility may be increased, subject to specified conditions, to $150 million. Idaho Power's facility permits borrowings through the issuance of loans and standby letters of credit of up to $300 million at any one time outstanding, including swingline loans not to exceed $30 million at any one time and letters of credit not to exceed $50 million at any one time outstanding. Idaho Power's facility may be increased, subject to specified conditions, to $450 million. The credit facilities currently provide for a maturity date of December 6, 2025, though IDACORP and Idaho Power may request up to two-one-year extensions of the credit agreements, subject to certain conditions. Other terms and conditions of the credit facilities are described in the 2021 Annual Report, in Part II, Item 7 - "MD&A - Liquidity and Capital Resources."
Each facility contains a covenant requiring each company to maintain a leverage ratio of consolidated indebtedness to consolidated total capitalization equal to or less than 65 percent as of the end of each fiscal quarter. In determining the leverage ratio, "consolidated indebtedness" broadly includes all indebtedness of the respective borrower and its subsidiaries, including, in some instances, indebtedness evidenced by certain hybrid securities (as defined in the credit agreement). "Consolidated total capitalization" is calculated as the sum of all consolidated indebtedness, consolidated stockholders' equity of the borrower and its subsidiaries, and the aggregate value of outstanding hybrid securities. At September 30, 2022, the leverage ratios for IDACORP and Idaho Power were 44 percent and 46 percent, respectively. IDACORP's and Idaho Power's ability to utilize the credit facilities is conditioned upon their continued compliance with the leverage ratio covenants included in the credit facilities. There are additional covenants, subject to exceptions, that prohibit certain mergers, acquisitions, and investments, restrict the creation of certain liens, and prohibit entering into any agreements restricting dividend payments from any material subsidiary.
At September 30, 2022, IDACORP and Idaho Power believed they were in compliance with all facility covenants. Further, IDACORP and Idaho Power do not anticipate they will be in violation or breach of their respective debt covenants during 2022.
Without additional approval from the IPUC, the OPUC, and the WPSC, the aggregate amount of short-term borrowings up to three years by Idaho Power at any one time outstanding may not exceed $450 million. Idaho Power has obtained approval of the IPUC, the OPUC, and the WPSC for the issuance of short-term borrowings through December 2026.
IDACORP and Idaho Power Commercial Paper: IDACORP and Idaho Power have commercial paper programs under which they issue unsecured commercial paper notes up to a maximum aggregate amount outstanding at any time not to exceed the available capacity under their respective revolving credit facilities, described above. IDACORP's and Idaho Power's revolving credit facilities are available to the companies to support borrowings under their commercial paper programs. The commercial paper issuances are used to provide an additional financing source for the companies' short-term liquidity needs. The maturities of the commercial paper issuances will vary but may not exceed 270 days from the date of issue. Individual instruments carry a fixed rate during their respective terms, although the interest rates are reflective of current market conditions, subjecting the companies to fluctuations in interest rates.
Available Short-Term Borrowing Liquidity
The table below outlines available short-term borrowing liquidity as of the dates specified (in thousands). | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | September 30, 2022 | | December 31, 2021 |
| | IDACORP(2) | | Idaho Power | | IDACORP(2) | | Idaho Power |
Revolving credit facility | | $ | 100,000 | | | $ | 300,000 | | | $ | 100,000 | | | $ | 300,000 | |
Commercial paper outstanding | | — | | | — | | | — | | | — | |
Identified for other use(1) | | — | | | (24,245) | | | — | | | (24,245) | |
Net balance available | | $ | 100,000 | | | $ | 275,755 | | | $ | 100,000 | | | $ | 275,755 | |
(1) Port of Morrow and American Falls bonds that Idaho Power could be required to purchase prior to maturity under the optional or mandatory purchase provisions of the bonds, if the remarketing agent for the bonds is unable to sell the bonds to third parties. Due to the demolition of the Boardman plant in October 2022, Idaho Power anticipates redeeming the Port of Morrow bonds that amount to approximately $4.36 million in the aggregate in December 2022.
(2) Holding company only.
On October 28, 2022, IDACORP had no loans outstanding under its revolving credit facilities and had no commercial paper outstanding. Idaho Power also had no loans outstanding under its revolving credit facilities and no commercial paper outstanding at that date. During the three and nine months ended September 30, 2022, IDACORP and Idaho Power issued no short-term commercial paper.
Impact of Credit Ratings on Liquidity and Collateral Obligations
IDACORP’s and Idaho Power’s access to capital markets, including the commercial paper market, and their respective financing costs in those markets, depend in part on their respective credit ratings. There have been no changes to IDACORP's or Idaho Power's ratings by S&P from those included in the 2021 Annual Report. However, any rating can be revised upward or downward or withdrawn at any time by a rating agency if it decides that the circumstances warrant the change. In July 2022, Moody's Investors Service (Moody's) Long-Term Issuer rating for IDACORP was downgraded to Baa2 from Baa1, and Idaho Power's Long-Term Issuer rating was downgraded to Baa1 from A3. In addition, Moody's ratings for Idaho Power's First Mortgage Bonds and Senior Secured Debt were downgraded to A2 from A1. IDACORP and IPC's short-term ratings for commercial paper were affirmed at Prime-2 and the outlook for both companies were rated as stable. Following the Moody's credit ratings changes, the companies’ credit ratings remain investment grade and the companies do not believe the ratings changes will have a material impact on their liquidity nor access to debt capital. Moody’s credit ratings of Baa3 and above are considered to be investment grade, or prime, ratings.
Idaho Power maintains margin agreements relating to its wholesale commodity contracts that allow performance assurance collateral to be requested of and/or posted with certain counterparties. As of September 30, 2022, Idaho Power had posted no cash performance assurance collateral related to these contracts. Should Idaho Power experience a reduction in its credit rating on its unsecured debt to below investment grade, Idaho Power could be subject to requests by its wholesale counterparties to post additional performance assurance collateral, and counterparties to derivative instruments and other forward contracts could request immediate payment or demand immediate ongoing full daily collateralization on derivative instruments and contracts in net liability positions. Based upon Idaho Power’s current energy and fuel portfolio and market conditions as of September 30, 2022, the amount of additional collateral that could be requested upon a downgrade to below investment grade is approximately $47.7 million. To minimize capital requirements, Idaho Power actively monitors its portfolio exposure and the potential exposure to additional requests for performance assurance collateral through sensitivity analysis.
Capital Requirements
Idaho Power's construction expenditures, excluding AFUDC, were $295 million during the nine months ended September 30, 2022. The table below presents Idaho Power's estimated accrual-basis additions to electric plant for 2022 (including amounts incurred to-date) through 2026 (in millions of dollars). The amounts in the table exclude AFUDC but include net costs of removing assets from service that Idaho Power expects would be eligible to be included in rate base in future rate case proceedings. However, given the uncertainty associated with the timing of infrastructure projects and associated expenditures, actual expenditures and the timing of such expenditures could deviate substantially from those set forth in the table. The capital expenditure table below assumes, among other projects, construction and ownership of a number of resources identified in Idaho Power's 2021 IRP in order to safely and reliably serve the company's customers. The timing and amount of actual constructed projects and capital expenditures could be affected by Idaho Power’s ability to timely obtain labor or materials at reasonable costs, supply chain disruptions and delays, regulatory determinations, inflationary pressures, macroeconomic conditions, or other issues.
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| | 2022 | | 2023 | | 2024-2026 |
Expected capital expenditures (excluding AFUDC) | | $500-$520 | | $690-$715 | | $1,450-$1,550 |
| | | | | | |
| | | | | | |
Major Infrastructure Projects: Idaho Power is engaged in the development of a number of significant projects and has entered into arrangements with third parties concerning joint infrastructure development. The discussion below provides a summary of developments in certain of those projects since the discussion of these matters included in Part II, Item 7 - "MD&A - Capital Requirements" in the 2021 Annual Report. The discussion below should be read in conjunction with that report.
Resource Additions to Address Projected Energy and Capacity Deficits: As noted previously, Idaho Power believes that existing and sustained growth in customers, load, and peak demand for electricity, along with transmission constraints, will create the need for Idaho Power to acquire significant generation and storage resources to meet energy and capacity needs over the next several years. While demand varies and is based on numerous factors, Idaho Power's 2021 IRP indicated Idaho Power could have a resource capacity deficit for peak needs of 101 MW in 2023, an additional 85 MW deficit in 2024, and an additional 125 MW deficit in 2025. To help meet peak needs in 2023, Idaho Power has entered into contracts to purchase, own, and operate 120 MW of battery storage assets, and also entered into a 20-year power purchase agreement signed in February 2022 for the output of a planned third-party 40 MW solar facility. In March 2022, Idaho Power filed an application with the IPUC requesting approval of a revised special contract for electric service between Idaho Power and its existing industrial customer Micron under which Micron would purchase from Idaho Power the energy generated by the solar facility. To help address the capacity deficits projected for 2024 and 2025, Idaho Power has been pursuing multiple options and issued a request
for proposal for resources in December 2021. Depending on factors such as RFP results, the timing of project in-service dates, updated load and resource balances and customer growth, and the outcome of regulatory proceedings, Idaho Power expects it could invest over $400 million in capital expenditures from 2022 through 2025 for resource additions to help meet the projected capacity deficits noted above.
In 2022, Idaho Power began preparing its 2023 IRP. As of the date of this report, the preliminary load forecast assumptions Idaho Power expects to use in the 2023 IRP include significant large commercial and industrial additions in the 5-year forecasted annual growth rates, including load from new facilities recently announced by Meta Platforms, Inc. and Micron. These additions increase the 5-year forecasted annual growth rates compared with the rates used in the 2021 IRP. See “Executive Overview” of this MD&A for a table with the preliminary load forecast assumptions related to the 2023 IRP. To serve these expected increases in load and peak demand, Idaho Power believes it will likely need to increase its investment in power supply, transmission, and distribution infrastructure beyond the level of investment previously planned for in connection with the 2021 IRP and in the table above. Idaho Power is in the process of updating its infrastructure plans and associated capital expenditure forecast in light of the increase in the preliminary estimated load growth rate.
Boardman-to-Hemingway Transmission Line: The Boardman-to-Hemingway line, a proposed 300-mile, high-voltage transmission project between a substation near Boardman, Oregon, and the Hemingway substation near Boise, Idaho, would provide transmission service to meet future resource needs. In January 2012, Idaho Power entered into a joint funding agreement with PacifiCorp and the Bonneville Power Administration (BPA) to pursue permitting of the project. The joint funding agreement provided that Idaho Power's interest in the permitting phase of the project would be approximately 21 percent. As the current joint funding agreement covers primarily permitting activities, which are nearing completion, Idaho Power and its co-participants have been exploring several scenarios of ownership, asset, and service arrangements aimed at maximizing the value of the project to each of the co-participants' customers. Under the current joint funding agreement, Idaho Power has an approximate 21 percent interest, BPA has an approximate 24 percent interest, and PacifiCorp has an approximate 55 percent interest in the permitting phase of the project. In January 2022, the participants executed a non-binding term sheet regarding the ownership structure that would be addressed through amended or new funding agreements for the future phases of the project. The term sheet contemplates that Idaho Power would acquire BPA's ownership interest, which would increase Idaho Power's interest to approximately 45 percent, and Idaho Power would deliver transmission service to BPA's customers across Southern Idaho.
Idaho Power has spent approximately $148 million, including Idaho Power's AFUDC, on the Boardman-to-Hemingway project through September 30, 2022. Pursuant to the terms of the joint funding arrangements, Idaho Power has received $92 million in reimbursement as of September 30, 2022, from project co-participants for their share of costs. As of the date of this report, no material co-participant reimbursements are outstanding. Joint permitting participants are obligated to reimburse Idaho Power for their share of any future project permitting expenditures or agreed upon early construction expenditures incurred by Idaho Power under the terms of the joint funding agreement.
The permitting phase of the Boardman-to-Hemingway project is subject to federal review and approval by the U.S. Bureau of Land Management (BLM), the U.S. Forest Service, the Department of the Navy, and certain other federal agencies. The BLM issued its record of decision for the project in November 2017, approving a right-of-way grant for the project to cross approximately 86 miles of BLM-administered land. The U.S. Forest Service issued its record of decision in November 2018 authorizing the project to cross approximately seven miles of National Forest lands. In September 2019, the Department of the Navy issued its record of decision authorizing the project to cross approximately seven miles of Department of the Navy lands. Lawsuits challenging the federal rights-of-way have been resolved.
In the separate state of Oregon permitting process, the state's Energy Facility Siting Council (EFSC) approved Idaho Power's site certificate on September 27, 2022. The Oregon Department of Energy subsequently issued the final order and site certificate.
Total cost estimates for the project are trending toward the upper end of Idaho Power's estimated cost range of $1.0 billion and $1.2 billion, including Idaho Power's AFUDC. The capital requirements table above includes approximately $380 million of Idaho Power's share of estimated costs (excluding AFUDC) related to the remaining permitting phase, design, material procurement, and construction phases of the project. The preliminary estimates of construction costs could change as the construction timeline nears and as the project participants obtain more detailed information on construction and material costs.
In July 2021, Idaho Power awarded contracts for detailed design, geotechnical investigation, land surveying, and right-of-way option acquisition; and that work commenced in the third quarter of 2021. In April 2022, Idaho Power awarded a contract for constructability consulting services. Idaho Power's 2021 IRP included the Boardman-to-Hemingway transmission line in its
resource capacity plans for 2026. Given the status of ongoing permitting activities and the construction period, Idaho Power expects the in-service date for the transmission line will be no earlier than 2026.
Gateway West Transmission Line: Idaho Power and PacifiCorp are pursuing the joint development of the Gateway West project, a high-voltage transmission lines project between a substation located near Douglas, Wyoming, and the Hemingway substation located near Boise, Idaho. In January 2012, Idaho Power and PacifiCorp entered a joint funding agreement for permitting of the project. Idaho Power has expended approximately $51 million, including Idaho Power's AFUDC, for its share of the permitting phase of the project through September 30, 2022. As of the date of this report, Idaho Power estimates the total cost for its share of the project (including both permitting and construction) to be between $250 million and $450 million, including AFUDC. Idaho Power's estimated share of ongoing expenditures for the permitting phase of the project (excluding AFUDC) is included in the capital requirements table above. Idaho Power's share of potential early construction costs are excluded from the capital requirements table above because the timing of construction of Idaho Power's portion of the project is uncertain.
The permitting phase of the Gateway West project was subject to review and approval of the BLM. The BLM has published its records of decision for all segments of the transmission line. PacifiCorp has constructed some of their portions of the Gateway West project in Wyoming. Idaho Power and PacifiCorp continue to coordinate the timing of next steps to best meet customer and system needs.
Defined Benefit Pension Plan Contributions
Idaho Power has no minimum contribution requirement to its defined benefit pension plan in 2022. However, during the nine months ended September 30, 2022, Idaho Power made $40 million of discretionary contributions to its defined benefit pension plan in a continued effort to balance the regulatory collection of these expenditures with the amount and timing of contributions and to mitigate the cost of being in an underfunded position. The primary impact of pension contributions is on the timing of cash flows, as the timing of cost recovery lags behind contributions.
Contractual Obligations
IDACORP’s and Idaho Power’s contractual cash obligations as of September 30, 2022, include long-term debt, interest payments, purchase obligations, pension and post-retirement benefit plans, and other long-term liabilities specific to IDACORP, most of which are discussed throughout this MD&A. Refer to Note 8 – “Commitments” to the condensed consolidated financial statements included in this report for additional information relating to contractual obligations of the companies.
Off-Balance Sheet Arrangements
IDACORP's and Idaho Power's off-balance sheet arrangements have not changed materially from those reported in MD&A in the 2021 Annual Report.
REGULATORY MATTERS
Introduction
Idaho Power is under the jurisdiction (as to rates, service, accounting, and other general matters of utility operation) of the IPUC, the OPUC, and the FERC. The IPUC and OPUC determine the rates that Idaho Power is authorized to charge to its retail customers. Idaho Power is also under the regulatory jurisdiction of the IPUC, the OPUC, and the WPSC as to the issuance of debt and equity securities. As a public utility under the Federal Power Act, Idaho Power has authority to charge market-based rates for wholesale energy sales under its FERC tariff and to provide transmission services under its OATT. Additionally, the FERC has jurisdiction over Idaho Power's sales of transmission capacity and wholesale electricity, hydropower project relicensing, and system reliability, among other items.
Idaho Power develops its regulatory filings taking into consideration short-term and long-term needs for rate relief and several other factors that can affect the structure and timing of those filings. These factors include in-service dates of major capital investments, the timing and magnitude of changes in major revenue and expense items, and customer growth rates, as well as other factors. Idaho Power's most recent general rate cases in Idaho and Oregon were filed during 2011, and in 2012, large single-issue rate cases for the Langley Gulch power plant resulted in the resetting of base rates in both Idaho and Oregon. Idaho Power also reset its base-rate power supply expenses in the Idaho jurisdiction for purposes of updating the collection of costs through retail rates in 2014 but without a resulting net increase in rates. The IPUC and OPUC have also approved base rate changes in single-issue cases subsequent to 2014.
Between general rate cases, Idaho Power relies upon customer growth, a FCA mechanism, power cost adjustment mechanisms, tariff riders, and other mechanisms to mitigate the impact of regulatory lag, which refers to the period of time between making an investment or incurring an expense and recovering that investment or expense and earning a return. Management's regulatory focus in recent years has been largely on regulatory settlement stipulations and the design of rate mechanisms.
With Idaho Power’s anticipated significant infrastructure investments, including those that are intended to help meet projected near-term capacity deficits, Idaho Power believes it is likely that it will file a general rate case in Idaho in the next twelve months. Several factors impact Idaho Power’s timing and need to file general rate cases, including the expected increase in depreciation expense from rate-base eligible assets as they are placed into service, the significant amounts of capital expenditures Idaho Power has made since its last general rate case filed in 2011, the expected financing costs for capital expenditures in a higher interest-rate environment, and inflationary pressures on other O&M expenses described above.
The outcomes of significant proceedings are described in part in this report and further in the 2021 Annual Report. In addition to the discussion below, which includes notable regulatory developments since the discussion of these matters in the 2021 Annual Report, refer to Note 3 - "Regulatory Matters" to the condensed consolidated financial statements included in this report for additional information relating to Idaho Power's regulatory matters and recent regulatory filings and orders.
Notable Retail Rate Changes
During 2022, Idaho Power received orders authorizing the rate changes summarized in the table below.
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Description | | Status | | Estimated Annual Rate Impact(1) | | Notes |
Jim Bridger plant accelerated recovery | | New base rates became effective June 1, 2022 | | $18.8 million increase effective June 1, 2022 | | The IPUC approved Idaho Power’s amended application requesting authorization to recover costs associated with its plan to cease participation in coal-fired operations at the Jim Bridger plant by 2028, as described in more detail below. |
Power Cost Adjustment Mechanism – Idaho | | New PCA rate became effective June 1, 2022 | | $94.9 million increase for the period from June 1, 2022, to May 31, 2023 | | The income statement impact of revenue changes associated with the Idaho PCA mechanism is largely offset by associated increases and decreases in actual power supply costs and amortization of deferred power supply costs. The rate increase reflects a forecasted reduction in low-cost hydropower generation as well as higher costs associated with market energy prices and natural gas prices. The filing also reflects $0.6 million of 2021 earnings to be shared with customers under the May 2018 Idaho Tax Reform Settlement Stipulation described below. |
Fixed Cost Adjustment Mechanism – Idaho | | New FCA rate became effective June 1, 2022 | | $3.1 million decrease for the period from June 1, 2022, to May 31, 2023 | | The FCA is designed to remove a portion of Idaho Power’s financial disincentive to invest in energy efficiency programs by partially separating (or decoupling) the recovery of fixed costs from the volumetric kilowatt-hour charge and instead linking it to a set amount per customer. |
(1) The annual amount collected in rates is typically not recovered on a straight-line basis (i.e., 1/12th per month), and is instead recovered in proportion to retail sales volumes.
Idaho Earnings Support and Sharing from Idaho Settlement Stipulation
A May 2018 Idaho settlement stipulation related to tax reform (May 2018 Idaho Tax Reform Settlement Stipulation) is described in Note 3 - "Regulatory Matters" to the consolidated financial statements included in the 2021 Annual Report. IDACORP and Idaho Power believe that the terms allowing additional amortization of ADITC in the settlement stipulations provide the companies with a greater degree of earnings stability than would be possible without the terms of the stipulations in effect. Based on its estimate of full-year 2022 Idaho ROE, in the third quarter of 2022, Idaho Power recorded no additional ADITC amortization or provision against current revenues for sharing of earnings with customers under the May 2018 Idaho Tax Reform Settlement Stipulation. Accordingly, at September 30, 2022, the full $45 million of additional ADITC remains available for future use. Idaho Power also recorded no additional ADITC amortization or provision against revenues for sharing of earnings with customers during the third quarter of 2021, based on its then-current estimate of full-year 2021 Idaho ROE.
Change in Deferred (Accrued) Net Power Supply Costs and the Power Cost Adjustment Mechanisms
Deferred (accrued) power supply costs represent certain differences between Idaho Power's actual net power supply costs and the costs included in its retail rates, the latter being based on annual forecasts of power supply costs. Deferred (accrued) power supply costs are recorded on the balance sheets for future recovery or refund through customer rates.
Idaho Power's power cost adjustment mechanisms in its Idaho and Oregon jurisdictions address the volatility of power supply costs and provide for annual adjustments to the rates charged to retail customers. The power cost adjustment mechanisms and associated financial impacts are described in "Results of Operations" in this MD&A and in Note 3 - "Regulatory Matters" to the condensed consolidated financial statements included in this report. With the exception of power supply expenses incurred under PURPA and certain demand response program costs that are passed through to customers substantially in full, the Idaho PCA mechanism allows Idaho Power to pass through to customers 95 percent of the differences in actual net power supply expenses as compared with base net power supply expenses, whether positive or negative. Thus, the primary financial statement impact of power supply cost deferrals or accruals is that the timing of when cash is paid out for power supply expenses differs from when those costs are recovered from customers, impacting operating cash flows from year to year.
The following table summarizes the change in deferred (accrued) net power supply costs during the nine months ended September 30, 2022 (in millions).
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| | Idaho | | Oregon | | Total |
Deferred (accrued) net power supply costs at December 31, 2021 | | $ | 33.8 | | | $ | (0.3) | | | $ | 33.5 | |
Current period net power supply costs deferred | | 40.2 | | | — | | | 40.2 | |
Revenue sharing | | (0.5) | | | — | | | (0.5) | |
Prior amounts (collected) refunded through rates | | (8.8) | | | 0.1 | | | (8.7) | |
SO2 allowance and renewable energy certificate sales | | (6.2) | | | (0.2) | | | (6.4) | |
Interest and other | | 2.2 | | | (0.1) | | | 2.1 | |
Deferred (accrued) net power supply costs at September 30, 2022 | | $ | 60.7 | | | $ | (0.5) | | | $ | 60.2 | |
Open Access Transmission Tariff Rate
Idaho Power uses a formula rate for transmission service provided under its OATT, which allows transmission rates to be updated annually based primarily on financial and operational data Idaho Power files with the FERC. In August 2022, Idaho Power filed its 2022 final transmission rate with the FERC, reflecting a transmission rate of $31.42 per "kW-year," to be effective for the period from October 1, 2022, to September 30, 2023. A "kW-year" is a unit of electrical capacity equivalent to 1 kilowatt of power used for 8,760 hours. Idaho Power's final rate was based on a net annual transmission revenue requirement of $132.7 million. The OATT rate in effect from October 1, 2021, to September 30, 2022, was $31.19 per kW-year based on a net annual transmission revenue requirement of $127.3 million. The increase in the OATT rate is largely attributable to increased transmission plant in service.
Oregon Resource Procurement Filings
In December 2021, Idaho Power filed an application with the OPUC requesting a waiver of Oregon's competitive bidding rules for Idaho Power's procurement of resources to fill near-term capacity deficits. Specifically, Idaho Power requested that the OPUC issue an order waiving Idaho Power’s obligation to comply with the competitive bidding rules for its proposed resource procurement in favor of a modified competitive process and authorizing Idaho Power to move forward expeditiously with resource procurement to meet identified resource needs in 2023, 2024, and 2025. In March 2022, the OPUC issued an order denying Idaho Power's request to waive the competitive bidding rules. However, as allowed by the OPUC in certain cases, Idaho Power is pursuing an exception for 2023 resource needs, and plans to pursue additional exceptions to the competitive bidding rules for certain projects to meet the identified resource needs in 2024 and 2025.
In September 2022, in accordance with the OPUC's competitive bidding rules, Idaho Power filed an application requesting the OPUC open a docket for approval of a solicitation process and appoint an independent evaluator to oversee the process, for Idaho Power to procure variable energy resources to meet identified potential resource needs in 2026. As of the date of this report, the OPUC's appointment of an independent evaluator is pending.
Filings for Certificates of Public Convenience and Necessity
In April 2022, Idaho Power filed an application with the IPUC requesting that the IPUC issue a Certificate of Public Convenience and Necessity (CPCN) authorizing Idaho Power to install, own, and operate two battery storage facilities. The 120 MW combined capacity of the two projects is planned to help meet peak energy needs in the summer of 2023 and beyond. The CPCN is intended to allow the IPUC to review the need for the project prior to Idaho Power incurring the bulk of the associated expenses. As of the date of this report, the IPUC's decision in this matter is pending.
In September 2022, Idaho Power filed a petition with the OPUC requesting that the OPUC issue a CPCN authorizing Idaho Power to construct the 300-mile Boardman-to-Hemingway high-voltage transmission line. Oregon law requires utilities proposing to construct transmission lines to petition the OPUC for a CPCN if a transmission line will necessitate condemnation of land or an interest in land. As of the date of this report, the OPUC's decision in this matter is pending.
Customer-Owned Generation Filing
Customer-owned generation allows customers to install solar panels or other on-site energy-generating resources and connect them to Idaho Power’s grid. If a customer requires more energy than its system generates, it uses energy supplied by Idaho Power’s grid and infrastructure. If a customer's system generates more energy than the customer uses, the energy is transferred to the grid and Idaho Power applies a corresponding kilowatt-hour credit to the customer’s bill. In May 2018, the IPUC issued an order authorizing the creation of two new customer classes for residential and small commercial customers who install their own on-site generation, with no change to pricing or compensation. Since October 2018, Idaho Power has initiated several cases with the IPUC related to studying the costs and benefits of customer-owned generation on Idaho Power’s system, and exploring whether, and to what extent, there should be modifications to the customer-owned generation pricing structure for residential and small commercial customers, and large commercial, industrial, and irrigation customers (CI&I). The IPUC issued orders in December 2019 and February 2020 directing Idaho Power to (1) complete additional studies related to the costs and benefits of customer generation before changes to the compensation structure are implemented, and (2) continue to allow residential and small commercial customers with on-site generation installed prior to December 20, 2019, to be subject to the compensation and billing structure in place on that date until December 20, 2045. In December 2020, the IPUC issued an order establishing a 25-year grandfathering term for CI&I customers, similar to the terms approved for the residential and small commercial customer classes.
In June 2021, Idaho Power filed an application requesting that the IPUC initiate the multi-phase process for a comprehensive study of the costs and benefits of on-site generation as directed by previous IPUC orders. In December 2021, the IPUC issued an order requiring Idaho Power to complete, as soon as feasible in 2022, the comprehensive study on the costs and benefits of on-site generation based on the IPUC’s study framework findings and conclusions. In June 2022, Idaho Power filed the comprehensive study with a proposed schedule that would allow the IPUC to issue a determination regarding the future structure of the service offering by the end of 2022, with implementation no earlier than June 2023. As of the date of this report, the IPUC's decision in this matter is pending.
Jim Bridger Power Plant Rate Base Adjustment and Recovery
In June 2022, the IPUC issued an order approving, with modifications, Idaho Power’s amended application requesting authorization to (a) accelerate depreciation for the Jim Bridger plant, to allow the coal-related plant assets to be fully depreciated and recovered by December 31, 2030, (b) establish a balancing account to track the incremental costs, benefits, and required regulatory accounting associated with ceasing participation in coal-fired operations at the Jim Bridger plant, and (c) increase customer rates related to the associated incremental annual levelized revenue requirement (Bridger Order).The Bridger Order and associated accounting are described in Note 3 – “Regulatory Matters” to the condensed consolidated financial statements included in this report. As a result of the Bridger Order, Idaho Power recorded the deferral of certain depreciation expense in the second quarter of 2022. Idaho Power plans to cease participation in all coal-related operations at the Jim Bridger plant by 2028. Idaho Power expects the Bridger Order to increase operating revenues, net depreciation expense, and income tax expense in future periods, and estimates the impacts of the order will increase after-tax net income by approximately $10 million in 2023. Idaho Power expects the ongoing annual benefit to net income from the Bridger Order to decline each year through 2030, primarily due to the annual decline in Jim Bridger plant coal-related rate base, which Idaho Power expects to be fully depreciated by December 31, 2030.
Wildfire Mitigation Cost Deferral
In June 2021, the IPUC authorized Idaho Power to defer for future amortization incremental O&M and depreciation expense of certain capital investments necessary to implement the company's WMP. The IPUC also authorized Idaho Power to record these
deferred expenses as a regulatory asset until the company can request amortization of the deferred costs in a future IPUC proceeding, at which time the IPUC will have the opportunity to review actual costs and determine the amount of prudently incurred costs that Idaho Power can recover through retail rates. Idaho Power projects spending approximately $47 million in incremental wildfire mitigation-related O&M and roughly $35 million in wildfire mitigation system-hardening incremental capital expenditures over the next five years. The IPUC authorized a deferral period of five years, or until rates go into effect after Idaho Power's next general rate case, whichever is first. As of September 30, 2022, Idaho Power’s deferral of Idaho-jurisdiction costs related to the WMP was $20.6 million.
During the 2021 wildfire season, Idaho Power identified needs for expanded mitigation measures by gaining additional insights and knowledge on wildfires and wildfire mitigation activities. In October 2022, Idaho Power filed an updated WMP with the IPUC along with an application requesting authorization to defer an estimated $16 million of newly identified incremental costs expected to be incurred between 2022 and 2025 associated with expanded wildfire mitigation efforts. As of the date of this report, the application with the IPUC is pending.
Industrial Customer Dedicated Renewable Resource
In March 2022, Idaho Power filed an application with the IPUC requesting approval of a revised special contract for electric service between Idaho Power and an existing industrial customer, Micron. The application included an arrangement under which Micron would be the purchaser from Idaho Power of the energy generated by a to-be-constructed 40 MW solar facility pursuant to a 20-year power purchase agreement between Idaho Power and a third party. The solar facility is scheduled to begin operating as early as June 2023. Idaho Power also requested in the application revised electric service rates for Micron that include new energy rates that incorporate the solar generation and compensation for capacity value and excess renewable energy generation. The application is modeled after a separate case pending before the IPUC requesting that Idaho Power be permitted to expand customer clean energy offerings through a new Clean Energy Your Way program, which would provide certain large customers the opportunity to purchase the output of renewable energy facilities, as described in the 2021 Annual Report in Part II, Item 7 - "Regulatory Matters." In early August, the IPUC issued an order approving Idaho Power’s application, with modifications. Idaho Power filed a petition for clarification and reconsideration which the IPUC granted in September 2022. Pending a final order on reconsideration, the IPUC stayed its directive to Idaho Power to file an updated energy services agreement and rate schedule for Micron. As of the date of this report, a decision on reconsideration is pending.
Large Customer Rate Proceedings - Speculative High-Density Load
In June 2022, the IPUC approved Idaho Power's application to create a new customer class that would be applicable to commercial and industrial cryptocurrency mining operations, or any other speculative high-density load customers of less than 20 MW. Idaho Power has received approximately 2,000 MW of potential customer interest from this industry and believes new system resources may be necessary to serve this speculative customer load, which could create a financial risk for Idaho Power and its customers if the underlying economics of cryptocurrency mining change. Idaho Power believes that the financial and system risks of speculative high-density load could be mitigated through rate design for this customer class, which prices energy at a marginal rate, and through a requirement that speculative high-density load customers be interruptible at Idaho Power's discretion from June 15 through September 15, Idaho Power's summer peak season. In October 2022, after a third party requested reconsideration of the matter, the IPUC affirmed its June 2022 order establishing the new customer class and ordered Idaho Power to file an application by December 31, 2022, to determine the amount of compensation that is fair, just, and reasonable under the interruptability provision of the new speculative high-density load customer class.
Renewable and Other Energy Contracts
Idaho Power has contracts for the purchase of electricity produced by third-party owned generation facilities, most of which produce energy with the use of renewable generation sources such as wind, solar, biomass, small hydropower, and geothermal. The majority of these contracts are entered into as mandatory purchases under PURPA. As of September 30, 2022, Idaho Power had contracts to purchase energy from 129 online PURPA projects. An additional three contracts are with online non-PURPA projects, including the Elkhorn Valley wind project with a 101-MW nameplate capacity.
The following table sets forth, as of the date of this report, the resource type and nameplate capacity of Idaho Power's signed agreements for power purchases from PURPA and non-PURPA generating facilities. These agreements have original contract terms ranging from one to 35 years.
| | | | | | | | | | | | | | | | | | | | |
Resource Type | | On-line (MW) | | Under Contract but not yet On-line (MW) | | Total Projects under Contract (MW) |
PURPA: | | | | | | |
Wind | | 627 | | | — | | | 627 | |
Solar | | 316 | | | 74 | | | 390 | |
Hydropower | | 150 | | | 1 | | | 151 | |
Other | | 44 | | | — | | | 44 | |
Total | | 1,137 | | | 75 | | | 1,212 | |
Non-PURPA: | | | | | | |
Wind | | 101 | | | — | | | 101 | |
Geothermal | | 35 | | | — | | | 35 | |
Solar | | — | | | 360 | | | 360 | |
Total | | 136 | | | 360 | | | 496 | |
The projects not yet on-line include one PURPA-qualifying facility hydropower project that is scheduled to be on-line in 2022, two PURPA-qualifying facility solar projects scheduled to be on-line in 2023, and one PURPA-qualifying facility solar project scheduled to be on-line in 2024. Three non-PURPA solar projects are scheduled to be online in 2022, 2023, and 2025.
In July 2020, the FERC issued Order No. 872, which could affect how states determine PURPA project avoided cost rates for purchases of power generated from PURPA qualifying facilities (QF), which facilities are eligible for QF status, whether and when certain QFs can enter into purchase agreements with utilities, and how parties can contest the eligibility of a generation facility seeking QF status. As of the date of this report, Idaho Power is unable to determine the impact of these potential changes on the company's future obligations for PURPA power purchase contracts. Further action by the state public utility commissions is required to implement many of the changes. Substantially all PURPA power purchase costs are recovered through base rates and Idaho Power's power cost adjustment mechanisms.
Relicensing of Hydropower Projects
HCC Relicensing: In connection with Idaho Power's efforts to relicense the HCC, Idaho Power's largest hydropower complex and a major relicensing effort, as described in more detail in the 2021 Annual Report in Part II, Item 7 - "Regulatory Matters," Idaho Power filed water quality certification applications, required under Section 401 of the Clean Water Act (CWA), with the states of Idaho and Oregon requesting that each state certify that any discharges from the project comply with applicable state water quality standards.
In April 2019, the states of Idaho and Oregon, along with Idaho Power, reached a settlement pertaining to the CWA Section 401 certification that requires Idaho Power, among other measures, to increase the number of Chinook salmon it releases each year through expanded hatchery production. Additionally, Idaho Power is required to fund a total of $12 million of research and water quality improvements in the HCC over a 20-year period following the issuance of the license. Idaho Power estimates that the combined cost of the mandated water quality improvements and expanded hatchery production is $20 million in aggregate over the first 20 years of the new license term. In May 2019, Oregon and Idaho issued final CWA Section 401 certifications. These certifications have been submitted to the FERC as part of the relicensing process. The CWA Section 401 certifications were challenged by three third parties in Oregon state court, and the Oregon Department of Environmental Quality subsequently resolved all challenges. No parties challenged the Idaho CWA 401 certification. In December 2019, Idaho Power filed an Offer of Settlement with the FERC requesting specific language be included in the new HCC license based upon the settlement among Idaho, Oregon, and Idaho Power. During the first quarter of 2020, the FERC received several comments opposing the Offer of Settlement, and its decision relating to the Offer of Settlement is pending as of the date of this report.
In July 2020, Idaho Power submitted to the FERC its supplement to the final license application that incorporated the settlement agreement reached between Idaho and Oregon on the CWA Section 401 certifications and provided feedback on proposed
modification of the 2007 final environmental impact statement for the HCC. The July 2020 filing also contained an updated cost analysis of the HCC and a request for the FERC to issue a 50-year license and initiate a supplemental National Environmental Policy Act (NEPA) process at the FERC. Idaho Power prepared draft biological assessments in consultation with the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) and filed those with the FERC in October 2020. The draft biological assessments provide information to the USFWS and the NMFS that is necessary to issue their biological opinion as required under the Endangered Species Act (ESA). Since December 2020, FERC staff has issued sixteen additional information requests from Idaho Power to aid in their analysis. Idaho Power has filed responses to all of these requests. In June 2022, the FERC issued a notice of intent to prepare a draft and final supplemental environmental impact statement (EIS) in accordance with NEPA. The FERC indicated that the supplemental EIS will address the new and revised measures proposed by the 401 certification settlement, the conditions contained in the Oregon and Idaho water quality certificates, and the information provided in the draft biological assessments. The FERC also reinstated informal consultation with the USFWS and NMFS under section 7 of the ESA. As of the date of this report, Idaho Power believes issuance of a new HCC license by the FERC will be in 2024 or thereafter.
As of the date of this report, Idaho Power is unable to predict the exact timing that the FERC will issue a new license order or the ultimate capital investment and ongoing operating and maintenance costs Idaho Power will incur in complying with any new license. Idaho Power estimates that the annual costs it will incur to obtain a new long-term license for the HCC, including AFUDC, are likely to range from $30 million to $40 million. Subsequent to the issuance of a new license, Idaho Power expects to incur increased annual operating and maintenance costs to comply with the requirements of any new license and would seek to recover those increased costs through regulatory proceedings.
Costs for the relicensing of Idaho Power's hydropower projects are recorded in construction work in progress until new multi-year licenses are issued by the FERC, at which time the charges are transferred to electric plant in service. Idaho Power expects to seek recovery of relicensing costs and costs related to a new long-term license through the regulatory process. Relicensing costs of $414 million (including AFUDC) for the HCC were included in construction work in progress at September 30, 2022. As of the date of this report, the IPUC authorizes Idaho Power to include in its Idaho jurisdiction rates $8.8 million of AFUDC annually relating to the HCC relicensing project. Collecting these amounts currently will reduce future collections when HCC relicensing costs are approved for recovery in base rates. As of September 30, 2022, Idaho Power's regulatory liability for collection of AFUDC relating to the HCC was approximately $203 million.
American Falls Relicensing: In April 2020, the FERC formally initiated the relicensing of the American Falls hydropower facility, which is Idaho Power's largest hydropower facility outside of the HCC, with a generating capacity of 92.3 MW. Idaho Power owns the generation facility but not the structural dam itself, which is owned by the U.S. Bureau of Reclamation. The FERC recognized Idaho Power’s pre-application document, including a proposed process plan and schedule, and recognized Idaho Power’s intent to file an application for a license. In August 2022, Idaho Power filed a draft license application with the FERC and, following a public comment period, Idaho Power plans to file a final license application with the FERC in February 2023. The relicensing has begun the process of informal ESA Section 7 consultation with the USFWS and Section 106 of the National Historic Preservation Act consultation with the Idaho State Historic Preservation Office. American Falls' current license expires in 2025, and as of the date of this report, Idaho Power expects the FERC to issue a new license for this facility concurrent with or prior to the existing license's expiration.
ENVIRONMENTAL MATTERS
Overview
Idaho Power is subject to a broad range of federal, state, regional, and local laws and regulations designed to protect, restore, and enhance the environment, including the Clean Air Act (CAA), the CWA, the Resource Conservation and Recovery Act, the Toxic Substances Control Act, the Comprehensive Environmental Response, Compensation and Liability Act, and the ESA, among other laws. These laws are administered by various federal, state, and local agencies. In addition to imposing continuing compliance obligations and associated costs, these laws and regulations provide authority to regulators to levy substantial penalties for noncompliance, injunctive relief, and other sanctions. Idaho Power's two jointly-owned coal-fired power plants and three wholly-owned natural gas-fired combustion turbine power plants are subject to many of these regulations. Idaho Power's 17 hydropower projects are also subject to numerous water discharge standards and other environmental requirements.
Compliance with current and future environmental laws and regulations may:
•increase the operating costs of generating plants;
•increase the construction costs and lead time for new facilities;
•require the modification of existing generation plants, which could result in additional costs;
•require the curtailment, fuel-switching, or shut-down of existing generating plants;
•reduce the output from current generating facilities; or
•require the acquisition of alternative sources of energy or storage technology, increased transmission wheeling, or require construction of additional generating facilities, which could result in higher costs.
Current and future environmental laws and regulations could significantly increase the cost of operating fossil fuel-fired generation plants and constructing new generation and transmission facilities, in large part through the substantial cost of permitting activities and the required installation of additional pollution control devices. In many parts of the United States, some higher-cost, high-emission coal-fired plants have ceased operation or the plant owners have announced a near-term cessation of operation, as the cost of compliance makes the plants uneconomical to operate. The decision to cease operations of the Boardman power plant in 2020 was based in part on the significant cost of compliance with environmental laws and regulations. The decision to pursue an end to participation in coal-fired operations at the Valmy plant was also based primarily on the economics of operating the plant. Beyond increasing costs generally, these environmental laws and regulations could affect IDACORP's and Idaho Power's results of operations and financial condition if the costs associated with these environmental requirements and early plant retirements and new replacement resource costs cannot be fully recovered in rates on a timely basis.
Part I - "Business - Utility Operations - Environmental Regulation and Costs" in the 2021 Annual Report, includes a summary of Idaho Power's expected capital and operating expenditures for environmental matters during the period from 2022 to 2024. Given the uncertainty of future environmental regulations and technological advances, there is uncertainty around near-term estimates, and Idaho Power is also unable to predict its environmental-related expenditures and infrastructure investments beyond 2024, though they could be substantial.
A summary of notable environmental matters (including conditions and events associated with climate change) impacting, or expected to potentially impact, IDACORP and Idaho Power is included in Part II, Item 7 - "MD&A - Environmental Issues" and "MD&A - Liquidity and Capital Resources - Capital Requirements - Environmental Regulation Costs" in the 2021 Annual Report. Developments in certain environmental matters relevant to Idaho Power are described below.
Endangered Species Act Matters
Changes to the Endangered Species Act: The listing of a species, or changes to the critical habitat designations, of fish, wildlife, or plants as threatened or endangered under the ESA, may have an adverse impact on Idaho Power's ability to construct power supply, transmission, or distribution facilities or relicense or operate its hydropower facilities. In August 2019, under the previous Presidential Administration, the USFWS and the NMFS issued a set of regulatory changes to some of the standards under which listing, delisting, and reclassifications and critical habitat designations are made (2019 ESA Rules). In October 2021, in response to January 2021 Executive Orders directing federal agencies to review certain environmental regulations, the USFWS and the NMFS proposed new rules to remove certain exclusions for designating critical habitat and to rescind the prior administration's regulatory definition of habitat. In July 2022, the U.S. District Court for the Northern District of California issued an order remanding and vacating the 2019 ESA Rules, which order applies nationwide. While the USFWS and the NMFS continue to work toward finalizing the new rules, Idaho Power plans to continue to operate under the ESA rules in effect prior to the 2019 ESA Rules.
Developments in Regulation of Sage Grouse Habitat: In February 2016, a lawsuit was filed in the U.S. District Court of Idaho challenging the BLM's sage grouse resource management and land use plan revisions that became effective in 2015 under the Federal Land Policy and Management Act. The lawsuit challenges the plans and associated EISs across the sage grouse range and alleges that the plans fail to ensure that sage grouse populations and habitats will be protected and restored in accordance with the best available science and legal mandates. Further, the complaint challenges certain exemptions provided for the Boardman-to-Hemingway and Gateway West transmission line projects. Idaho Power has intervened in the proceedings in an effort to support the exemptions provided for in the BLM's plans. If the exemptions are overturned, Idaho Power may be required to re-route the projects, which could lead to substantially higher construction and permitting costs and could delay construction.
In May 2016, a separate lawsuit was filed in the U.S. District Court of North Dakota, challenging the BLM's sage grouse resource management and land use plan revisions, including the exemptions provided for the Boardman-to-Hemingway and Gateway West transmission line projects. In October 2016, the plaintiffs amended their complaint to no longer challenge the exemptions; however, in December 2016, the North Dakota court transferred claims challenging certain Idaho land use plan
amendments to the U.S. District Court for the District of Columbia. Idaho Power is participating in the proceedings in an effort to protect its interests.
In June 2017, the Secretary of the Interior issued an order directing the BLM to review the 2015 sage grouse resource management and land use plan revisions and to identify provisions that may require modification or rescission to address energy and other development of public lands. In March 2019, the BLM issued a record of decision for six EISs that modified the 2015 sage grouse plans to better align the plan with state plans, conservation measures and the Department of the Interior and BLM policy. In October 2019, the U.S. District Court for Idaho placed a preliminary injunction on the implementation of the BLM's March 2019 plans. In order to address the concerns contained in the preliminary injunction, BLM initiated a supplemental EIS process that was completed in November 2020. A record of decision for the 2020 supplemental EIS was signed in January 2021. In November 2021, the BLM issued a notice of intent to address the management of sage grouse and sagebrush habitat on BLM-managed public lands in Idaho and Oregon, among other states, through a land use planning initiative. In February 2022, BLM issued a notice of intent to amend its land use plans regarding sage grouse conservation and prepare associated EISs, soliciting public comments on the planning initiative.
As of the date of this report, the above lawsuits are stayed as the parties and the courts have agreed that the processes initiated by the BLM may result in further administrative actions that could remove the need for the lawsuits.
Hells Canyon Relicensing Project: In December 2004, Idaho Power and eleven other parties, including the NMFS and the USFWS, entered into an interim agreement that addresses the effects of the ongoing operations of the HCC on ESA listed species pending the relicensing of the project. In 2007, the FERC requested initiation of formal consultation under the ESA with the NMFS and the USFWS regarding potential effects of HCC relicensing on several listed aquatic and terrestrial species. Idaho Power prepared draft biological assessments in consultation with the USFWS and the NMFS and filed those with the FERC in October 2020. The draft biological assessments are intended to provide the necessary information to the USFWS and the NMFS to issue their biological opinion as required under the ESA. In June 2022, the FERC issued a notice of intent to prepare a draft and final supplemental EIS in accordance with NEPA. The FERC indicated that the supplemental EIS will address the new and revised measures proposed by the 401 certification settlement, the conditions contained in the Oregon and Idaho water quality certificates, and the information provided in the draft biological assessments. The FERC also reinstated informal consultation with the USFWS and NMFS under section 7 of the ESA. As of the date of this report, Idaho Power believes that the issuance of a final biological opinion during 2022 is unlikely.
Changes to NEPA: In July 2020, the previous Presidential Administration's Council on Environmental Quality (CEQ) announced its final rule to narrow federal agencies' NEPA obligations (2020 NEPA Rule), which had the potential to expedite and reduce the cost of Idaho Power's permitting and right-of-way processes. NEPA applies to Idaho Power’s transmission and distribution lines that are located on federal land, as well as other company activities involving federal actions. Under Executive Order 13990 issued in January 2021, the current Presidential Administration’s CEQ was tasked with reviewing the 2020 NEPA Rule. In October 2021, the CEQ published a notice of proposed rulemaking to reverse the narrower 2020 NEPA Rule, with minor modifications (2021 NEPA Rule). In April 2022, the CEQ published a final rule consistent with the proposed 2021 NEPA Rule, that restores the requirement that federal agencies consider all indirect and cumulative environmental impacts of infrastructure projects in their decision-making, among other things, which could delay and increase the cost of Idaho Power’s infrastructure projects. Also in April 2022, the current Presidential Administration announced that the CEQ will propose a second phase of changes to NEPA that are aimed at further climate change related reform, which could have similar cost and project delays.
Clean Air Act Matters
Regional Haze Rules: In accordance with federal regional haze rules under the CAA, coal-fired utility boilers are subject to regional haze - best available retrofit technology (RH BART) if they were built between 1962 and 1977 and affect any "Class I" (wilderness) areas. This includes all units at the Jim Bridger plant. In December 2009, the Wyoming Department of Environmental Quality (WDEQ) issued a RH BART permit to PacifiCorp as the operator of the Jim Bridger plant. As part of the WDEQ's long term strategy for regional haze, the permit required that PacifiCorp install selective catalytic reduction equipment for nitrogen oxide (NOx) control at Jim Bridger units 3 and 4 by December 31, 2015, and December 31, 2016, respectively, which has been completed, and submit an application by December 31, 2017, to install add-on NOx controls at Jim Bridger unit 2 by 2021 and unit 1 by 2022, which was submitted in December 2017. PacifiCorp has been negotiating with the WDEQ since 2009 to settle on terms of the timing and nature of controls for the Jim Bridger plant units. More information on the history of the permitting process for the Jim Bridger plant is included in Part II, Item 7 - "MD&A - Environmental Issues" in the 2021 Annual Report.
In December 2021, Wyoming Governor Gordon issued a temporary emergency suspension of Wyoming’s existing state implementation plan (SIP) that allowed Jim Bridger unit 2 to continue to operate through the end of April 2022. In January 2022, the U.S. Environmental Protection Agency (EPA) issued a proposed rule that, if adopted, would disapprove the 2019 proposed SIP revision, and the proposed rule was published in the Federal Register on January 18, 2022. Comments on the proposed disapproval were due by February 17, 2022, and as of the date of this report, the proposed EPA rule is pending. In February 2022, the State of Wyoming filed a complaint against PacifiCorp as well as a negotiated consent decree with PacifiCorp in Wyoming state court for the threat of non-compliant operation of Jim Bridger units 1 and 2 (February Consent Decree). The consent decree required that PacifiCorp (1) submit a revised permit application and request a SIP revision that reflects a natural gas conversion of both units; and (2) propose an RFP for carbon capture technology at units 3 and 4.
In June 2022, the EPA issued an administrative compliance order on consent pursuant to which PacifiCorp agreed to comply with the contents and timeline of a SIP revision that includes emission and control requirements for units 1 and 2. The EPA agreed to allow the Jim Bridger plant to continue generation under certain operational limits that Idaho Power believes will allow it to reliably serve its customers while the SIP revision process moves forward. In August 2022, the WDEQ published a Draft Regional Haze First Planning Period Reassessment for the Jim Bridger plant which includes the terms of the February Consent Decree. Idaho Power submitted comments to the SIP revision for the WDEQ to take under advisement for purposes of submitting a final SIP revision to the EPA for approval.
In March 2022, Idaho Power submitted comments to the WDEQ in support of the WDEQ's Regional Haze Second Planning Period analysis that no additional requirements are necessary at the Jim Bridger plant to meet air quality standards. Idaho Power's comments provided a recommendation that the WDEQ include the terms of the February Consent Decree in the SIP for the EPA's approval.
In April 2022, the EPA issued a proposed rule under the CAA called the Federal Implementation Plan Addressing Regional Ozone Transport for the 2015 National Ambient Air Quality Standards (Good Neighbor Rule) to establish NOx emissions budgets requiring fossil fuel-fired power plants to participate in an allowance-based ozone season trading program beginning in 2023. Idaho Power submitted comments on the Good Neighbor Rule in June 2022. Idaho Power believes that if the proposed Good Neighbor Rule were implemented, under certain conditions the company could have reduced ability to use the full available output at the Valmy and Jim Bridger plants in order to comply with the Good Neighbor Rule limitations. As of the date of this report, Idaho Power is evaluating the specific impacts to both plants and, for the Jim Bridger plant, how the Good Neighbor Rule will interact with the SIP and February Consent Decree between Wyoming and PacifiCorp.
Clean Water Act Matters
Definition of “Waters of the United States” Under the CWA: In August 2015, the EPA and U.S. Army Corps of Engineers (USACE) final rule defining the phrase "waters of the United States" (WOTUS) under the CWA became effective (WOTUS Rule). Idaho Power believes that the 2015 rule potentially expanded federal jurisdiction under the CWA beyond traditional navigable waters, interstate waters, territorial seas, tributaries, and adjacent wetlands, to a number of other waters, including waters with a "significant nexus" to those traditional waters. The WOTUS Rule was widely challenged in both federal district and circuit courts. In January 2020, the EPA and USACE finalized the first of a two-part rule to repeal the WOTUS Rule and set new and more expansive standards for determining which waters are subject to the CWA, which substantially restored the definitions and guidance used prior to the WOTUS Rule. In April 2020, the EPA and USACE published the second part of the final rule to replace the WOTUS Rule with the "Navigable Waters Protection Rule" that provides a final definition of "waters of the United States," which ultimately narrows the scope of waters subject to federal regulation under the CWA. The Navigable Waters Protection Rule became effective in June 2020. In December 2021, in response to the January 2021 Executive Orders, the EPA and USACE published a proposed rule, subject to a comment period that ended in February 2022, that restores the protections in place prior to the WOTUS Rule and establishes a new expansive definition of "waters of the United States."
In October 2022, the U.S. Supreme Court heard oral arguments on a challenge to the EPA’s assertion of jurisdiction over certain wetlands because the wetlands are WOTUS under a standard described in a prior U.S. Supreme Court decision. While it remains unclear what the court will review, it could clarify the definition of WOTUS, or focus on the narrower question of when wetlands constitute WOTUS. The EPA has not indicated whether it plans to alter the rulemaking timeline in light of the pending U.S. Supreme Court proceedings, but EPA officials indicated that they intend to continue moving forward with the regulatory process. If the court opines on relevant statutory language before the EPA finalizes a new definition of WOTUS, the EPA may need to consider the court’s interpretation in their regulations. Idaho Power expects a U.S. Supreme Court decision in early 2023.
Idaho Power believes the repeal rule, the WOTUS Rule, the Navigable Waters Protection Rule, and the proposed new rule will continue to be challenged in court, but expects that, even if the WOTUS Rule is reinstated in Idaho or the expansive proposed
new rule is enacted and should the revised definition take effect in Idaho, while it may cause Idaho Power to incur additional permitting, regulatory requirements, and other costs associated with the rule, the aggregate amount of increased costs is unlikely to have a material adverse effect on Idaho Power's operations or financial condition, in part due to the relatively arid climate of Idaho Power's service area. Similarly, because the CWA, as interpreted even prior to the WOTUS Rule, applies to most of Idaho Power's facilities, including its hydropower plants, Idaho Power does not expect reinstatement would have a material impact on Idaho Power's operations or financial condition.