20240524Application.pdf

MOR
I
ip�"
PaWER®
An IDACORP Company
RECEIVED
Friday, May 24, 2024 10:26:59 AM
IDAHO PUBLIC
MEGAN GOICOECHEA ALLEN UTILITIES COMMISSION
Corporate Counsel
mgoicoecheaal len(a�idahopower.com
May 24, 2024
VIA ELECTRONIC MAIL
Commission Secretary
Idaho Public Utilities Commission
11331 West Chinden Blvd., Building 8
Suite 201-A
Boise, Idaho 83714
Re: Case No. IPC-E-24-21
Shoshone Hydro Project
Idaho Power Company's Application for Approval of a First Amendment to
the Energy Sales Agreement for the Sale and Purchase of Electric Energy
from the Shoshone Hydro Project
Dear Commission Secretary:
Attached for electronic filing is Idaho Power Company's Application in the above-
entitled matter. If you have any questions about the attached documents, please do not
hesitate to contact me.
Very truly yours,
Megan Goicoechea Allen
MAG:cd
Enclosures

MEGAN GOICOECHEA ALLEN (ISB No. 7623)
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]
mgoicoecheaallen(a-)-idahopower.com
dwalker 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-24-21
APPROVAL OF A FIRST AMENDMENT TO )
THE ENERGY SALES AGREEMENT FOR ) APPLICATION
THE SALE AND PURCHASE OF ELECTRIC )
ENERGY FROM THE SHOSHONE HYDRO )
PROJECT. )
Idaho Power Company ("Idaho Power" or "Company"), in accordance with Idaho
Public Utilities Commissions ("Commission") Rule of Procedure' 52 and the applicable
provisions of the Public Utility Regulatory Policies Act of 1978 ("PURPA"), hereby
respectfully applies to the Idaho Public Utilities Commission for an order approving the
Hereinafter cited as RP.
APPLICATION - 1

First Amendment ("First Amendment") to the Energy Sales Agreement ("ESA") between
Idaho Power and Shoshone Hydro, L.P. ("Seller") under which Seller sells and Idaho
Power purchases electric energy generated by the Seller's Shoshone Hydro Project
("Facility" or "Project"), which is a PURPA Qualifying Facility.
In support of this Application, Idaho Power represents as follows:
L BACKGROUND
1. Idaho Power and the Seller (jointly, "Parties") entered into an ESA on
October 31, 2016, for the purchase and sale of energy produced by the Facility. This ESA
was approved by the Commission in Order No. 33677 in Case No. IPC-E-16-27 on
December 20, 2016.
2. Section 6.2.3 of the ESA provides the Seller with the option to adjust the
monthly estimated Net Energy Amounts ("NEX) within a specified time period. After the
execution and approval of the ESA, the Commission accepted and approved requests
from other PURRA Qualifying Facilities to reduce the amount of advance notice required
for adjusting future monthly Estimated Net Energy Amounts. Similarly, the Seller would
like to change the NEA adjustment time period in Section 6.2.3 so that it can make
adjustments by the 25th day of the preceding month in which a change is requested,
consistent with other such provisions previously approved by the Commission.
3. In addition, the ESA contains a provision, Article XXIII Modification, that the
Commission has identified in other cases as requiring revisions to address scenarios
involving Facility modifications to ensure, inter alia: the modified Facility operates under
a correct and accurate contract that describes the characteristics and parameters of the
modified Facility and the rate paid to the Facility and recovered from ratepayers, starting
APPLICATION - 2

from the first operation date after the Facility is modified, reflect the proper and authorized
rate of the modified Facility.
4. As a result of these circumstances, the Parties desire to enter into the First
Amendment to the ESA to: (1) amend Article 6.2.3 of the ESA to include a change to the
notification of Net Energy Amount monthly adjustments from one-month advanced notice
to the 25th day of the month that is prior to the month to be revised; and (2) revise Article
XXIII Modification in conformity with the language previously approved by the
Commission.
5. The First Amendment to the ESA to effectuate these changes, which are
more fully describe below, was executed by the Parties on May 15, 2024, and is subject
to the Commission's approval. A copy of the First Amendment is attached to this
Application as Attachment 1.
II. THE FIRST AMENDMENT
6. The First Amendment provides for the deletion of Section 6.2.3, Seller's
Adjustment of Estimated Net Energy Amounts After the Operation Date, and replacement
with a new Section 6.2.3 as follows:
6.2.3 Seller's Adjustment of Estimated Net Energy Amounts After the
Operation Date - After the Operation Date, the Seller may revise any future
monthly Estimated Net Energy Amounts by providing written notice no later
than 5 PM Mountain Standard time on the 25t" day of the month that is prior
to the month to be revised. If the 25t" day of the month falls on a weekend
or holiday, then written notice must be received on the last business day
prior to the 25t" day of the month. For example, if the Seller would like to
revise the Estimated Net Energy Amount for October, they would need to
submit a revised schedule no later than September 25t" or the last business
day prior to September 25t"
a.) This written notice must be provided to Idaho Power in
accordance with paragraph 25.1 or by electronic notice as
agreed to by both parties.
APPLICATION - 3

b.) Failure to provide timely written notice of changes to the
Estimated Net Energy Amounts will be deemed to be an
election of no change from the most recently provided
Estimated Net Energy Amounts.
7. The Commission has previously approved several amendments for the
same five-day advanced notice revisions to monthly generation estimates for existing
projects utilizing the SAR methodology for avoided cost rates (i.e., Case Nos. IPC-E-19-
01, IPC-E-19-03, IPC-E-19-04, IPC-E-19-07, IPC-E-19-12, IPC-E-20-38, IPC-E-21-05,
IPC-E-21-23, IPC-E-21-27, IPC-E-21-28, IPC-E-21-29, IPC-E-21-31, IPC-E-22-03, I PC-
E-22-04, IPC-E-22-17, IPC-E-22-18, IPC-E-22-19, IPC-E-22-20, and IPC-E-22-21).2
8. In addition to the changing the time period for the Seller to adjust monthly
estimated NEAs, the First Amendment provides for the deletion of Article XXI I I of the ESA
in its entirety and replacement with the following:
ARTICLE XXIII: MODIFICATIONS
23.1 No later than the First Energy Date, the Seller will provide Idaho
Power with an "as-built" description of the Facility in the form set forth
in Appendix B.
23.2 The Seller will not modify the Facility from the description set forth in
Appendix B without prior notification to Idaho Power. A proposed
modification to the Facility that would change the Facility as
described in Appendix B is referred to herein as a "Proposed Facility
Modification." Proposed Facility Modification does not include
additions or expansions to the Facility that result in an increase to
the Maximum Capacity Amount, which are addressed in paragraph
23.6. The Seller may not begin construction of any Proposed Facility
Modification(s) unless and until the following requirements have
been met:
(i) Seller has promptly notified Idaho Power of the Proposed
Facility Modification(s) prior to initiating the modification
design, specification, purchasing and construction process;
(ii) Seller has provided Idaho Power with detailed plans regarding
the Proposed Facility Modification(s), including proposed
2 The preceding case lists are known examples and may not be all-inclusive of every such case.
APPLICATION - 4

revisions to the as-built description of the Facility set forth in
Appendix B; and
(iii) The Proposed Facility Modification has been reviewed by
Idaho Power and a determination made to either pursue
amendment as a Proposed Facility Modification pursuant to
paragraphs 23.3 and 23.4 or as an expansion or additional
project pursuant to paragraph 23.6.
23.3 Idaho Power will review any Proposed Facility Modification(s) and
"as-built" descriptions to determine whether amendment of the
Agreement is appropriate as set forth in paragraph 23.4. In reviewing
any Proposed Facility Modification(s) or actual modifications
reflected in the as-built description, Idaho Power shall consider the
following information: (i) The nature, scope, and extent of the
proposed or actual mod ifi cation(s); (ii) The impact, if any, on the
applicable avoided cost rates or other relevant terms and conditions;
and (iii) Such other information as may reasonably be necessary
including the effect on any other provisions hereof which may be
impacted by the proposed or actual modification. Proposed
modifications could result in several possible actions including but
not limited to: no change to Appendix B, and thus no further action;
an amendment to conform Appendix B to the modified Facility; an
amendment to adjust the pricing and other relevant terms and
conditions; or a termination and new Agreement.
23.4 Based on its review, Idaho Power, at its sole determination in accord
with the provisions of the Public Utility Regulatory Policies Act of
1978 and any amendments thereto ("PURPA") and subject to
Commission approval, may choose to enter into an amendment of
the Agreement to adjust the pricing or other relevant terms and
conditions as necessary, including Appendix B;
23.4.1 If Idaho Power determines that it is appropriate to revise the
Agreement, the Parties will enter into a written amendment to
the Agreement revising the relevant terms, conditions,
description in Appendix B, and, if necessary, pricing, referred
to herein as the "Facility Modification Amendment". The
Facility Modification Amendment will be submitted to the
Commission for approval. If the pricing is adjusted, the
Parties will agree on and include in the amendment a pricing
true-up mechanism to ensure that the correct rates apply to
the modified Facility from the completion date of the
modification.
23.4.2If the Commission determines that the Proposed Facility
Modification would require termination of the Agreement, the
APPLICATION - 5

Seller may abandon the Proposed Facility Modification or
accept the termination. If the Seller accepts the termination,
Seller will be responsible for Termination Damages, if any,
and the Parties may negotiate a new agreement based on the
Facility as modified.
23.5 In addition to prior notification of any modifications to the Facility from
the description set forth in Appendix B, no later than thirty (30) days
following the date of substantial completion of such modification, and
prior to the first Operation Date of such modification, Seller must
provide Idaho Power with an "as-built" description of the modified
Facility in the form set forth in Appendix B of this Agreement;
provided that the Facility, as reflected in the "as-built" description to
be provided under this paragraph, may not deviate from the Facility
Modification Amendment, except, in each case, to the extent such
further modification(s) are authorized under a subsequent written
amendment to this Agreement that is executed by the Parties and
approved by the Commission. If the "as-built" description deviates
from the then-approved Appendix B, Idaho Power will review it and
follow the process described in paragraphs 23.3 and 23.4.
23.6 Idaho Power is not required to purchase any Net Energy above the
Maximum Capacity Amount. If Seller builds an expansion or
additional project such that the expansion, or additional project would
be deemed a single Qualified Facility or the same site under FERC
regulations, Seller may not require Idaho Power (and Idaho Power
will have no obligation to purchase pursuant to this Agreement) the
output of any such expansion, or additional facility under the terms,
conditions and prices in this Agreement. Instead, Seller may
exercise any rights to enter into a new agreement for the sale of such
incremental energy from such additional facility that is a Qualified
Facility under then-applicable laws and regulations.
23.7 Idaho Power is not obligated to and shall not make any incremental
payment to Seller as a result of any modification, addition, or
expansion of the Facility if such modification was not authorized and
approved by the Commission pursuant to the provisions of this Article
23. Should the Seller modify, construct additions, and/or expand the
Facility without notification to Idaho Power nor the authorization and
approval of the Commission pursuant to the provisions of this Article
23, any incremental payments to Seller resulting from and
subsequent to the modification, addition, and/or expansion of the
Facility that deviate from the description in Appendix B shall be
unauthorized and immediately due and owing back to Idaho Power.
Failure to repay, or reasonably offset future payments made to Seller
designed to repay and recoup any unauthorized payment amounts
will be deemed a material breach of this Agreement. For purposes
APPLICATION - 6

of this section 23.7 only, the addition of the third generator shall be
considered a modification, addition, and/or expansion of the Facility,
such that if the Commission does not authorize and approve such
change, any incremental payments to the Seller resulting from and
subsequent to the modification, addition, and/or expansion of the
Facility that deviate from the description in Appendix B shall be
unauthorized and immediately due and owing back to Idaho Power.
23.8 No modification to this Agreement shall be valid unless it is in writing
and signed by both Parties and subsequently approved by the
Commission.
9. Except as expressly provided in the First Amendment, the conditions,
obligations, rates, and other terms of the ESA remain in full force and effect.
III. MODIFIED PROCEDURE
10. 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
11. Communications and service of pleadings, exhibits, orders, and other
documents relating to this proceeding should be sent to the following:
Megan Goicoechea Allen Energy Contracts
Donovan E. Walker 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 energycontracts(a)idahopower.com
[e-mail]
dwalker(a�idahopower.com
docketsCa)-idahopower.com
APPLICATION - 7

V. REQUEST FOR RELIEF
12. Idaho Power respectfully requests that the Commission issue an order
approving the First Amendment to the Energy Sales Agreement between Idaho Power
and the Seller as submitted herewith without change or condition.
Respectfully submitted this 24th day of May, 2024.
Ay�r T I'
MEGAN GOICOECHEA ALLEN
Attorney for Idaho Power Company
APPLICATION - 8

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 24th day of May, 2024, 1 served a true and correct
copy of the within and foregoing APPLICATION upon the following named parties by the
method indicated below, and addressed to the following:
Commission Secretary Hand Delivered
Idaho Public Utilities Commission U.S. Mail
11331 W. Chinden Blvd., Bldg No. 8 Overnight Mail
Suite 201-A (83714) FAX
PO Box 83720 FTP Site
Boise, ID 83720-0074 X Email
Courtesy Copy:
John J. Straubhar - jwater2wire.com
Christy Davenport
Legal Administrative Assistant
APPLICATION - 9

BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. IPC-E-24-21
IDAHO POWER COMPANY
ATTACHMENT 1

DocuSign Envelope ID: 1A95FBF6-D6EF-4525-A1BD-F9A6F83F67BF
FIRST AMENDMENT
TO THE
ENERGY SALES AGREEMENT
BETWEEN
IDAHO POWER COMPANY
AND
SHOSHONE HYDRO, L.P.
This First Amendment of the Energy Sales Agreement("First Amendment")is effective as
of this 15th day of May 2024 ("Effective Date"), and is entered into by and between Idaho Power
Company, an Idaho corporation("Idaho Power"), and Shoshone Hydro,L.P.,a limited partnership
("Seller") (individually a"Party" and collectively the "Parties").
WHEREAS, Idaho Power and Seller entered into a standard Energy Sales Agreement
("Agreement")on October 31,2016,for the purchase and sale of energy produced by the Shoshone
Hydro Project("Facility"),which is a Qualifying Facility under Public Utility Regulatory Policies
Act of 1978 ("PURPA")located near Shoshone,Idaho. The Agreement was approved by the Idaho
Public Utilities Commission("Commission") on December 20, 2016, in Order No 33677; and
WHEREAS, the Commission subsequently accepted and approved requests from other
PURRA Qualifying Facilities to reduce the amount of advance notice required for adjusting future
monthly Estimated Net Energy Amounts; and
WHEREAS, the Agreement contains a provision, Article XXIII Modification, that the
Commission has identified in other cases as requiring revisions to address scenarios involving
Facility modifications to ensure, inter alia: the modified Facility operates under a correct and
accurate contract that describes the characteristics and parameters of the modified Facility and the
rate paid to the Facility and recovered from ratepayers, starting from the first operation date after
the Facility is modified, reflect the proper and authorized rate of the modified Facility; and
WHEREAS, Seller and Idaho Power desire to enter into this First Amendment to: (1)
amend Article 6.2.3 of the Agreement to include a change to the notification of Net Energy Amount
monthly adjustments from one-month advanced notice to the 25th day of the month that is prior to
the month to be revised;and(2)revise Article XXIII Modification in conformity with the language
previously approved by the Commission.
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
this Agreement by this reference to the same extent as if these recitals were set forth in full at this
point.
2. Amendments.
A. Adiustments to Estimated Net Enemy Amounts. ARTICLE VI: PURCHASE
AND SALE OF NET ENERGY, Section 6.2.3 shall be deleted in its entirety and replaced with:
Project#31416002 Shoshone Hydro
First Amendment-Page 1 of 5

DocuSign Envelope ID: 1A95FBF6-D6EF-4525-A1BD-F9A6F83F67BF
6.2.3 Seller's Adjustment of Estimated Net Energy Amounts After the Operation Date -
After the Operation Date, the Seller may revise any future monthly Estimated Net
Energy Amounts by providing written notice no later than 5 PM Mountain Standard
time on the 25th day of the month that is prior to the month to be revised. If the 25th
day of the month falls on a weekend or holiday,then written notice must be received
on the last business day prior to the 25th day of the month.For example,if the Seller
would like to revise the Estimated Net Energy Amount for October, they would
need to submit a revised schedule no later than September 25th or the last business
day prior to September 25th.
a.) This written notice must be provided to Idaho Power in accordance with
paragraph 25.1 or by electronic notice as agreed to by both parties.
b.) Failure to provide timely written notice of changes to the Estimated Net
Energy Amounts will be deemed to be an election of no change from the
most recently provided Estimated Net Energy Amounts.
B. Modifications ofFacility and Agreement. ARTICLE XXIII: MODIFICATION of
the Agreement is hereby deleted in its entirety and replaced with the following provisions:
ARTICLE XXIII: MODIFICATIONS
23.1 No later than the First Energy Date, the Seller will provide Idaho Power
with an "as-built" description of the Facility in the form set forth in
Appendix B.
23.2 The Seller will not modify the Facility from the description set forth in
Appendix B without prior notification to Idaho Power. A proposed
modification to the Facility that would change the Facility as described in
Appendix B is referred to herein as a "Proposed Facility Modification."
Proposed Facility Modification does not include additions or expansions to
the Facility that result in an increase to the Maximum Capacity Amount,
which are addressed in paragraph 23.6. The Seller may not begin
construction of any Proposed Facility Modification(s) unless and until the
following requirements have been met:
(i) Seller has promptly notified Idaho Power of the Proposed Facility
Modification(s) prior to initiating the modification design,
specification,purchasing and construction process;
(ii) Seller has provided Idaho Power with detailed plans regarding the
Proposed Facility Modification(s), including proposed revisions to
the as-built description of the Facility set forth in Appendix B; and
(iii) The Proposed Facility Modification has been reviewed by Idaho
Power and a determination made to either pursue amendment as a
Project#31416002 Shoshone Hydro
First Amendment-Page 2 of 5

DocuSign Envelope ID: 1A95FBF6-D6EF-4525-A1BD-F9A6F83F67BF
Proposed Facility Modification pursuant to paragraphs 23.3 and
23.4 or as an expansion or additional project pursuant to paragraph
23.6.
23.3 Idaho Power will review any Proposed Facility Modification(s) and "as-
built" descriptions to determine whether amendment of the Agreement is
appropriate as set forth in paragraph 23.4. In reviewing any Proposed
Facility Modification(s) or actual modifications reflected in the as-built
description, Idaho Power shall consider the following information: (i) The
nature, scope, and extent of the proposed or actual modification(s); (ii) The
impact, if any, on the applicable avoided cost rates or other relevant terms
and conditions; and (iii) Such other information as may reasonably be
necessary including the effect on any other provisions hereof which may be
impacted by the proposed or actual modification. Proposed modifications
could result in several possible actions including but not limited to: no
change to Appendix B, and thus no further action; an amendment to
conform Appendix B to the modified Facility; an amendment to adjust the
pricing and other relevant terms and conditions; or a termination and new
Agreement.
23.4 Based on its review, Idaho Power, at its sole determination in accordance
with the provisions of the Public Utility Regulatory Policies Act of 1978
and any amendments thereto ("PURPA") and subject to Commission
approval, may choose to enter into an amendment of the Agreement to
adjust the pricing or other relevant terms and conditions as necessary,
including Appendix B;
23.4.1 If Idaho Power determines that it is appropriate to revise the
Agreement, the Parties will enter into a written amendment to the
Agreement revising the relevant terms, conditions, description in
Appendix B, and, if necessary, pricing, referred to herein as the
"Facility Modification Amendment". The Facility Modification
Amendment will be submitted to the Commission for approval. If
the pricing is adjusted, the Parties will agree on and include in the
amendment a pricing true-up mechanism to ensure that the correct
rates apply to the modified Facility from the completion date of the
modification.
23.4.2 If the Commission determines that the Proposed Facility
Modification would require termination of the Agreement,the Seller
may abandon the Proposed Facility Modification or accept the
termination. If the Seller accepts the termination, Seller will be
responsible for Termination Damages, if any, and the Parties may
negotiate a new agreement based on the Facility as modified.
Project#31416002 Shoshone Hydro
First Amendment-Page 3 of 5

DocuSign Envelope ID: 1A95FBF6-D6EF-4525-A1BD-F9A6F83F67BF
23.5 In addition to prior notification of any modifications to the Facility from the
description set forth in Appendix B,no later than thirty(30) days following
the date of substantial completion of such modification,and prior to the first
Operation Date of such modification, Seller must provide Idaho Power with
an "as-built" description of the modified Facility in the form set forth in
Appendix B of this Agreement;provided that the Facility,as reflected in the
"as-built"description to be provided under this paragraph, may not deviate
from the Facility Modification Amendment, except, in each case, to the
extent such further modification(s) are authorized under a subsequent
written amendment to this Agreement that is executed by the Parties and
approved by the Commission. If the"as-built"description deviates from the
then-approved Appendix B, Idaho Power will review it and follow the
process described in paragraphs 23.3 and 23.4.
23.6 Idaho Power is not required to purchase any Net Energy above the
Maximum Capacity Amount. If Seller builds an expansion or additional
project such that the expansion, or additional project would be deemed a
single Qualified Facility or the same site under FERC regulations, Seller
may not require Idaho Power (and Idaho Power will have no obligation to
purchase pursuant to this Agreement) the output of any such expansion, or
additional facility under the terms, conditions and prices in this Agreement.
Instead, Seller may exercise any rights to enter into a new agreement for the
sale of such incremental energy from such additional facility that is a
Qualified Facility under then-applicable laws and regulations.
23.7 Idaho Power is not obligated to and shall not make any incremental payment
to Seller as a result of any modification, addition, or expansion of the
Facility if such modification was not authorized and approved by the
Commission pursuant to the provisions of this Article 23. Should the Seller
modify, construct additions, and/or expand the Facility without notification
to Idaho Power nor the authorization and approval of the Commission
pursuant to the provisions of this Article 23, any incremental payments to
Seller resulting from and subsequent to the modification, addition, and/or
expansion of the Facility that deviate from the description in Appendix B
shall be unauthorized and immediately due and owing back to Idaho Power.
Failure to repay, or reasonably offset future payments made to Seller
designed to repay and recoup any unauthorized payment amounts will be
deemed a material breach of this Agreement.
23.8 No modification to this Agreement shall be valid unless it is in writing and
signed by both Parties and subsequently approved by the Commission.
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.
Project#31416002 Shoshone Hydro
First Amendment-Page 4 of 5

DocuSign Envelope ID: 1A95FBF6-D6EF-4525-A1BD-F9A6F83F67BF
4. Effect of Amendment. Except as expressly amended by this First Amendment,the Agreement
shall remain in full force and effect.
5. Capitalized Terms. All capitalized terms used in this First Amendment and not defined herein
shall have the same meaning as used in the Agreement.
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 thereof.
7. Authority. Each Party represents and warrants that (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 Agreement,
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 First Amendment to be duly
executed as of the date above written.
IDAHO POWER COMPANY SHOSHONE HYDRO, L.P.
By: 2= N. hd(A ..,. By: kLk, I SfV'aunbL V'
Name: Ryan Adelman Name: John J. Straubhar
Title: Vice President, Power Supply Title: President
Project#31416002 Shoshone Hydro
First Amendment-Page 5 of 5