20240516Application.pdf

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RECEIVED
Thursday, May 16, 2024 3:16PM
IDAHO PUBLIC
DONOVAN E. WALKER UTILITIES COMMISSION
Lead Counsel
dwalker(a)idahopower.com
May 16, 2024
Monica Barrios-Sanchez, Secretary
Idaho Public Utilities Commission
11331 W. Chinden Boulevard
Building 8, Suite 201-A
Boise, Idaho 83714
Re: Case No. IPC-E-24-20
Idaho Power Company's Application for Approval of the First Amendment to
the Power Purchase Agreement with PVS 2, LLC
Dear Ms. Barrios-Sanchez:
Attached please find Idaho Power Company's Application for Approval of First
Amendment to Power Purchase Agreement to be filed in the above-entitled matter. If you
have any questions about the attached documents, please do not hesitate to contact me.
Sincerely,
Donovan E. Walker
DEW:cd
Attachments
1221 W. Idaho St(83702)
P.O. Box 70
Boise, ID 83707

DONOVAN E. WALKER (ISB No. 5921)
Idaho Power Company
1221 West Idaho Street (83702)
P.O. Box 70
Boise, Idaho 83707
Telephone: [phone]
Facsimile: [phone]
dwalker(a-)_idahopower.com
Attorneys for Idaho Power Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF IDAHO POWER COMPANY FOR ) CASE NO. IPC-E-24-20
APPROVAL OF THE FIRST AMENDMENT )
TO THE POWER PURCHASE ) APPLICATION FOR APPROVAL
AGREEMENT WITH PVS 2, LLC. ) OF FIRST AMENDMENT TO
POWER PURCHASE
AGREEMENT
Idaho Power Company ("Idaho Power" or "Company"), in accordance with Idaho
Public Utilities Commission Rule of Procedure' 52, hereby respectfully applies to the
Idaho Public Utilities Commission ("Commission") for an order approving the First
Amendment ("First Amendment") to the Power Purchase Agreement ("PPA" or
"Agreement") between Idaho Power and PVS 2, LLC ("PVS 2" or "Seller"). The First
Amendment, attached hereto as Attachment 1, was executed to change the Scheduled
Commercial Operation Date in the PPA from December 31, 2026, to May 31, 2026. No
other changes to the PPA are proposed by the First Amendment.
Hereinafter cited as RP.
APPLICATION — 1

In support of this Application, Idaho Power represents as follows:
I. INTRODUCTION AND BACKGROUND
1. Idaho Power entered into a PPA with the PVS 2 on December 5, 2023, for
the purchase and sale of energy and Green Tags for the benefit of Brisbie, LLC ("Brisbie"
or"Customer") pursuant to a Special Contract between Idaho Power and Brisbie ("Special
Contract"). The PPA was filed for review and approval with the Idaho Public Utilities
Commission ("Commission") on January 3, 2024. Case No. IPC-E-24-01 . Commission
Staff filed its Comments regarding the PPA on April 3, 2023, recommending approval of
the PPA. Id., Staff Comments, p 3. No other Comments were submitted in the case, and
the matter is currently fully submitted for the Commission's decision and Order.
2. The Special Contract between Idaho Power and Brisbie was filed for review
and approval with the Commission on December 22, 2021 , and approved by Order No.
35777 on May 11, 2023. Case No. IPC-E-21-42.
3. The PVS 2 PPA is the second PPA resource acquired pursuant to Brisbie's
Special Contract. The first PPA was with Pleasant Valley Solar for a 200 MW solar
generation facility. The first PPA was approved by the Commission on April 12, 2023.
Order No. 35739, Case No. IPC-E-22-29. Both PPAs have a common developer and
with construction well underway for the first PPA with a March 2, 2025, Scheduled
Commercial Operation Date the developer was able to commit to bringing the second
PPA online earlier, by May 31, 2026, rather than December 31, 2026. This better aligns
the new generation with Brisbie's anticipated load and Idaho Power's anticipated 2026
summer peak load.
APPLICATION -2

II. THE AMENDMENT
4. The First Amendment simply changes the Scheduled Commercial
Operation Date from December 31, 2026, to May 31, 2026, by changing December to
May in Section 1.123 of the PPA as provided below:
1.123 `Scheduled Commercial Operation Date' means MayDe�oT 31, 2026,
subject to adjustment for delays due to Events of Force Majeure, delay beyond the
date set forth in or otherwise agreed pursuant to Section 3.1.4, and Interconnection
Delay.
III. MODIFIED PROCEDURE
5. Idaho Power believes that a technical hearing is not necessary to consider
the issues presented herein and respectfully requests that this Application be processed
under Modified Procedure, i.e., by written submissions rather than by hearing. RP 201,
et seq. If, however, the Commission determines that a technical hearing is required, the
Company stands ready to prepare and present its testimony in such hearing.
IV. COMMUNICATIONS AND SERVICE OF PLEADINGS
6. Communications and service of pleadings, exhibits, orders, and other
documents relating to this proceeding should be sent to the following:
Donovan E. Walker Energy Contracts
Megan Goicoechea Allen Idaho Power Company
IPC Dockets 1221 West Idaho Street (83702)
1221 West Idaho Street (83702) P.O. Box 70
P.O. Box 70 Boise, Idaho 83707
Boise, Idaho 83707 energycontractsCcDidahopower.com
dwalker _idahopower.com
docketsCcb,idaho power.com
APPLICATION -3

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BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. IPC-E-24-20
IDAHO POWER COMPANY
ATTACHMENT 1

DocuSign Envelope ID:54558DAA-70CD-48BF-AB79-058AOADD2591
FIRST AMENDMENT TO THE POWER PURCHASE AGREEMENT
BETWEEN
PVS 2, LLC
AND
IDAHO POWER COMPANY
This First Amendment to the Power Purchase Agreement("First Amendment")is effective
as of May 14 ,2024("Effective Date")and is entered into by and between Idaho Power Company,
an Idaho corporation ("Idaho Power") and PVS 2, LLC, a Utah limited liability company
("Seller"), (individually a"Party" and collectively the "Parties").
WHEREAS, Idaho Power entered into the Power Purchase Agreement ("PPA") with the
Seller on December 5, 2023, for the purchase and sale of energy and Green Tags for the benefit of
Brisbie, LLC (`Brisbie" or"Customer")pursuant to a Special Contract between Idaho Power and
Brisbie ("Special Contract"). The PPA was filed for review and approval with the Idaho Public
Utilities Commission("Commission") on January 3, 2024. Commission Staff filed its Comments
regarding the PPA on April 3, 2023, recommending approval of the PPA. Case No. IPC-E-24-01.
WHEREAS, the Special Contract between Idaho Power and Brisbie was filed for review
and approval with the Commission on December 22, 2021, and approved by Order No. 35777 on
May 11, 2023. Case No. IPC-E-21-42.
WHEREAS, the PPA contains a Scheduled Commercial Operation Date of December 31,
2026,and the Parties desire to enter into this First Amendment to the PPA to change the Scheduled
Commercial Operation Date to May 31,2026,and submit the same for the Commission's approval.
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, and intending to be
legally bound, the Parties hereto agree as follows:
1. Incorporation of Recitals. The above-stated recitals are incorporated into and made a part of
the PPA, as amended, by this reference to the same extent as if these recitals were set forth in full
at this point.
2. Amendment. (new language is underlined, and deleted language uses strip)
Section 1.123 of the PPA shall hereby be Amended as follows:
"1.123 `Scheduled Commercial Operation Date' means MayDeeembff 31, 2026, subject
to adjustment for delays due to Events of Force Majeure, delay beyond the date set forth in
or otherwise agreed pursuant to Section 3.1.4, and Interconnection Delay."
3. Commission Approval. The obligations of the Parties under this First Amendment are subject
to the Commission's approval of this First Amendment and such approval being upheld on appeal,
if any, by a court of competent jurisdiction.
PVS 2, LLC
First Amendment to PPA Page 1 of 3

DocuSign Envelope ID:54558DAA-70CD-48BF-AB79-058AOADD2591
4. Effect of Amendment. Except as expressly amended by this First Amendment, the terms and
conditions of the PPA remain unchanged.
5. Capitalized Terms. All capitalized terms used in this First Amendment and not defined herein
shall have the same meaning as in the PPA.
6. Scope of Amendment. This First Amendment shall be binding upon and inure to the benefit
of the Parties hereto, and their respective heirs, executors, administrators, successors, and assigns,
who are obligated to take any action which may be necessary or proper to carry out the purpose
and intent hereof.
7. Authority. Each Party represents and warrants that as of the Effective Date: (i) it is validly
existing and in good standing in the state in which it is organized, (ii) it is the proper party to
amend the PPA, and(iii) it has the requisite authority to execute this First Amendment.
8. Counterparts. This First Amendment may be executed in any number of counterparts, each
of which shall be deemed an original and all of which taken together shall constitute a single
instrument.
IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be
duly executed as of the date above written.
IDAHO POWER COMPANY PVS 2, LLC
By: UaP4 KGLV'S By: tAI Ali Ala,
Name: Adam Richins Name: —Luigi Resta
Title: SVP & Chief Operating Officer Title: Authorized Signatory
PVS 2, LLC
First Amendment to PPA Page 2 of 3