20240624IPC to Staff 1-6 Redacted.pdf

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RECEIVED
DONOVAN E. WALKER
Lead Counsel Monday, June 24, 2024 3:40:41 PM
dwalker(a)idahopower.com IDAHO PUBLIC
UTILITIES COMMISSION
June 24, 2024
Commission 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 Commission Secretary:
Please find attached for electronic filing Idaho Power Company's Response to the
First Production Request of the Commission Staff in the above-entitled matter.
The confidential version will be provided separately via an encrypted email to the
parties who sign the protective agreement.
If you have any questions about the attached documents, please do not hesitate
to contact me.
Sincerely,
Donovan E. Walker
DEW:sg
Attachments
1221 W. Idaho St(83702)
P.O. Box 70
Boise, ID 83707

CERTIFICATE OF ATTORNEY
ASSERTION THAT INFORMATION CONTAINED IN AN IDAHO PUBLIC UTILITIES
COMMISSION FILING IS PROTECTED FROM PUBLIC INSPECTION
Case No. IPC-E-24-20
In the Matter of the Application of Idaho Power Company for Approval of the First
Amendment to the Power Purchase Agreement with PVS 2, LLC
The undersigned attorney, in accordance with Commission Rules of Procedure 67,
believes that Idaho Power Company's Response to the First Production Request of the
Commission Staff dated June 24, 2024, contains information that a third party claims
is a confidential trade secret as described in Idaho Code § 74-101, et seq., and/or § 48-
801, et seq. As such, it is protected from public disclosure and exempt from public
inspection, examination, or copying.
DATED this 24th day of June, 2024.
Donovan E. Walker
Counsel for Idaho Power Company

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(o-)idahopower.com
Attorney 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 ) IDAHO POWER COMPANY'S
AGREEMENT WITH PVS 2, LLC. ) RESPONSE TO THE FIRST
PRODUCTION REQUEST OF
THE COMMISSION STAFF
COMES NOW, Idaho Power Company ("Idaho Power" or "Company"), and in
response to the First Production Request of the Commission Staff ("Commission" or
"Staff") dated June 3, 2024, herewith submits the following information:
IDAHO POWER COMPANY'S RESPONSE TO THE FIRST PRODUCTION REQUEST OF THE
COMMISSION STAFF - 1

STAFF REQUEST FOR PRODUCTION NO. 1: The Application states that
compared to the original Scheduled Commercial Operation Date of December 31, 2026,
the proposed Scheduled Commercial Operation Date of May 31, 2026, "better aligns the
new generation with Brisbie's anticipated load and Idaho Power's anticipated 2026
summer peak load." Application at 2. Please respond to the following:
a) Please provide evidence supporting the Company's assertion that the
proposed Scheduled Commercial Operation Date better aligns the new
generation with Brisbie's anticipated load, compared to the original
Scheduled Commercial Operation Date;
b) What are the impacts if the capacity of PVS 2 comes online before Brisbie's
load materializes and how will the Company mitigate the impacts? Please
include, but not limit the explanation to: (i.) the amount of excess generation
credits; (ii.) how compliance of the 110% annual energy limit in Schedule
62 will be affected; (iii.)the feasibility of curtailing PVS 2 generation to match
Brisbie's load ramp, etc.; and
c) What are the impacts if the capacity of PVS 2 comes online after Brisbie's
load materializes? Please include, but not limit the explanation to: (i.) the
sufficiency of system capacity to meet system load with Brisbie's load
included; (ii.) the accuracy of Brisbie's rates for supplemental energy and
demand charges due to the higher loads the Company must meet with its
system resources, etc.
IDAHO POWER COMPANY'S RESPONSE TO THE FIRST PRODUCTION REQUEST OF THE
COMMISSION STAFF - 2

RESPONSE TO STAFF'S REQUEST FOR PRODUCTION NO. 1:
a) Brisbie's load forecast indicates it will ramp throughout 2026. Therefore,
moving the Scheduled Commercial Operation Date ("COD") from
December 31, 2026, to May 1, 2026, better aligns the new generation with
Brisbie's anticipated load ramp. As explained in part (c) of this response,
PVS 2 will provide benefits irrespective of the precise timing coinciding with
Brisbie's load ramp.
Further, as explained in the Direct Testimony of Mr. Jared Ellsworth
filed in Case No. IPC-E-24-12, Idaho Power's Application for Approval of a
Market Purchase Agreement, the Company's annual capacity deficit
positions remain fluid during the near-term resource decision-making phase
requiring the continual assessment of system reliability. The fluctuating
need is requiring continued procurement of resources. Idaho Power issued
the 2026 All-Source Request for Proposals, seeking a combination of
energy and capacity resources to meet the identified capacity deficits in
2026 and 2027 ("2026 RFP"). Through this competitive solicitation, the
Company executed the Market Purchase Agreement and selected a
benchmark resource, an Idaho Power-owned battery storage facility, as
resources necessary to fill the 2026 capacity deficit. The Company is
currently in negotiations with developers for the procurement of additional
2026 resources. A Scheduled Commercial Operation Date of May 31, 2026,
for PVS 2 would also help Idaho Power fill the 2026 capacity deficit should
there be any delays in the commercial operation date of resources selected
IDAHO POWER COMPANY'S RESPONSE TO THE FIRST PRODUCTION REQUEST OF THE
COMMISSION STAFF - 3

through the 2026 RFP.
b) No impacts were identified regarding the timing of capacity of PVS 2 and
Brisbie's load forecast materializing relative to pricing. The pricing and
compensation structure pursuant to the Brisbie Energy Sales Agreement
("ESA") accounts for any differences in the timing without the need to curtail
PVS 2 generation. The Commission has previously determined that the
Excess Generation Price in the Brisbie ESA, which is based on the lower of
85 percent of the Mid-Columbia Forecast with a non-firm adjustment applied
or the actual heavy or light load hour, is a fair, just, and reasonable price.
As described in Response to Staff's Request for Production No. 4, the
Brisbie ESA and Schedule 33 define the terms and conditions applicable to
Brisbie. Finally, the change in the COD of PVS 2 doesn't impact compliance
relative to the Total Supply Obligation pursuant to the Brisbie ESA, and the
addition of PVS 2 is within the 110 percent of Total Supply Obligation
pursuant to the Brisbie ESA as further detailed in the Response to Staff's
Request No. 4.
c) Based on information provided by Brisbie, the Company's current load
forecast assumes Brisbie will peak at
_ in June, July, and August of 2026, respectively. If Brisbie's load
ramp is consistent with the Company's current load forecast, PVS 2 will
provide capacity to the grid as further explained in part (a) to this response.
PVS 2 is expected to provide approximately 39 MW of Effective Load
Carrying Capability ("ELCC") for 2026; i.e., 31.54% ELCC of a 125 MW
IDAHO POWER COMPANY'S RESPONSE TO THE FIRST PRODUCTION REQUEST OF THE
COMMISSION STAFF -4

solar project. Please see part (b) regarding pricing.
The response to part (a) and (c) of this Request is sponsored by Jared L. Ellsworth,
Transmission, Distribution, and Resource Planning Director, Idaho Power Company. The
response to part (b) of this Request is sponsored by Grant T. Anderson, Regulatory
Consultant, Idaho Power Company.
IDAHO POWER COMPANY'S RESPONSE TO THE FIRST PRODUCTION REQUEST OF THE
COMMISSION STAFF - 5

STAFF REQUEST FOR PRODUCTION NO. 2: The Application states that the
proposed Scheduled Commercial Operation Date of May 31, 2026, better aligns the new
generation with Idaho Power's anticipated 2026 summer peak load. Please respond to
the following:
a) Please provide the expected amount of excess capacity of PVS 2 that can
contribute to meeting the anticipated 2026 summer peak load;
b) Please explain whether the proposed Scheduled Commercial Operation
Date will lower the Company's summer capacity need of 2026 for other
projects; and
c) If so, does the Company plan to change the scheduled commercial
operation dates of other 2026 projects?
RESPONSE TO STAFF'S REQUEST FOR PRODUCTION NO. 2:
a) As explained in the Response to Staff's Request for Production No. 1, PVS
2 is expected to provide approximately 39 MW of Effective Load Carrying
Capability ("ELCC") for 2026; i.e., 31.54% ELCC of a 125 MW solar project.
b) Yes, PVS 2 provides an ELCC of approximately 39 MW, which would aid in
filling the 2026 capacity deficit.
c) No. The 2026 RFP required projects meet a June 1, 2026, commercial
operation date therefore the resources for which the Company is seeking
approval of in Case Nos. IPC-E-24-12 and IPC-E-24-16 are scheduled to
be online in time to meet the 2026 summer peak.
The response to this Request is sponsored by Jared L. Ellsworth, Transmission,
Distribution, and Resource Planning Director, Idaho Power Company.
IDAHO POWER COMPANY'S RESPONSE TO THE FIRST PRODUCTION REQUEST OF THE
COMMISSION STAFF - 6

STAFF REQUEST FOR PRODUCTION NO. 3: Please explain whether there is a
possibility that Brisbie's load grows ahead of May 31, 2026. If so, please explain whether
the Company has enough resources to meet Brisbie's load.
RESPONSE TO STAFF'S REQUEST FOR PRODUCTION NO. 3: Brisbie's load
forecast indicates it will ramp throughout 2026. The Company engaged in recent
discussions with Brisbie regarding its load forecast and, in those discussions, Brisbie has
indicated it does not anticipate its load forecast being accelerated ahead of May 31, 2026.
Idaho Power would only accept changes from its current planning scenario that ensure
resource adequacy.
The response to this Request is sponsored by Jared L. Ellsworth, Transmission,
Distribution & Resource Planning Director, Idaho Power Company.
IDAHO POWER COMPANY'S RESPONSE TO THE FIRST PRODUCTION REQUEST OF THE
COMMISSION STAFF - 7

STAFF REQUEST FOR PRODUCTION NO. 4: Schedule 62 requires that
customers pursuing the Construction option limit requests to size the Renewable Energy
Facilities to 110 percent of the participating service point annual energy amounts. Please
provide evidence supporting that the capacity size of PVS 2 meets this requirement.
RESPONSE TO STAFF'S REQUEST FOR PRODUCTION NO. 4: As a point of
clarification, the Brisbie ESA, not Schedule 62, includes the terms and conditions
applicable to Brisbie for renewable resource projects. Pursuant to the Brisbie ESA, the
total Project nameplate capacity times applicable Project capacity factor shall not exceed
110 percent of the Total Supply Obligation. The combined generation forecast for PVS 1
and PVS 2 represents approximately _ megawatt hours ("MWh") annually,
compared to the Total Supply Obligation of approximately— MWh, according to
Idaho Power's load forecast from Brisbie for June 2026 — May 2027.
The response to this Request is sponsored by Grant T. Anderson, Regulatory
Consultant, Idaho Power Company.
IDAHO POWER COMPANY'S RESPONSE TO THE FIRST PRODUCTION REQUEST OF THE
COMMISSION STAFF - 8

STAFF REQUEST FOR PRODUCTION NO. 5: Page numbers of First
Amendment to the Power Purchase Agreement ("First Amendment") show 3 pages.
However, only 2 pages were filed with the Commission. Please file a complete First
Amendment, if the third page is missing.
RESPONSE TO STAFF'S REQUEST FOR PRODUCTION NO. 5: The page
numbering in the First Amendment inadvertently references three (3) pages when there
are only two (2) pages. Please see the file labeled "Attachment 1 — Response to Staff
Request No. 5" for a corrected version of the First Amendment. Idaho Power corrected
the page number in the footer to indicate a total of two pages rather than three and
corrected "Second Amendment" on page two to correctly state "First Amendment". These
corrections were handwritten and initialed by counsel for Idaho Power. Idaho Power
obtained PVS 2 LLC's consent and permission to make the identified handwritten
corrections.
The response to this Request is sponsored by Donovan Walker, Lead Counsel,
Idaho Power Company.
IDAHO POWER COMPANY'S RESPONSE TO THE FIRST PRODUCTION REQUEST OF THE
COMMISSION STAFF - 9

STAFF REQUEST FOR PRODUCTION NO. 6: Page 2 of First Amendment states
that "IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment
to duly executed as of the date above written." Please confirm whether "Second
Amendment" should have been "First Amendment".
RESPONSE TO STAFF'S REQUEST FOR PRODUCTION NO. 6: The reference
to the "Second Amendment" is an administrative oversight. It should have read "First
Amendment," as stated in the header on the first page and the footer of the amendment.
Please see the file labeled "Attachment 1 — Response to Staff Request No. 5" for a
corrected version of the First Amendment. Idaho Power corrected the page number in the
footer to indicate a total of two pages rather than three and corrected "Second
Amendment" on page two to correctly state "First Amendment". These corrections were
handwritten and initialed by counsel for Idaho Power. Idaho Power obtained PVS 2 LLC's
consent and permission to make the identified handwritten corrections.
The response to this Request is sponsored by Donovan Walker, Lead Counsel,
Idaho Power Company.
IDAHO POWER COMPANY'S RESPONSE TO THE FIRST PRODUCTION REQUEST OF THE
COMMISSION STAFF - 10

Respectfully submitted this 24t" day of June 2024.
DONOVAN WALKER
Attorney for Idaho Power Company
IDAHO POWER COMPANY'S RESPONSE TO THE FIRST PRODUCTION REQUEST OF THE
COMMISSION STAFF - 11

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 24t" day of June 2024, 1 served a true and correct
copy of the within and foregoing IDAHO POWER COMPANY'S RESPONSE TO THE
FIRST PRODUCTION REQUEST OF THE COMMISSION STAFF upon the following
named parties by the method indicated below, and addressed to the following:
Commission Staff Hand Delivered
Adam Triplett U.S. Mail
Deputy Attorney General Overnight Mail
Idaho Public Utilities Commission FAX
11331 W. Chinden Blvd., Bldg No. 8 FTP Site
Suite 201-A (83714) X Email Adam.Triplett(cr puc.idaho.gov
PO Box 83720
Boise, ID 83720-0074
Stacy Gust
Regulatory Administrative Assistant
IDAHO POWER COMPANY'S RESPONSE TO THE FIRST PRODUCTION REQUEST OF THE
COMMISSION STAFF - 12

BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. IPC-E-24-20
IDAHO POWER COMPANY
ATTACHMENT NO. 1
RESPONSE TO STAFF REQUEST NO. 5

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 sail reugh)
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.
2 0W
PVS 2, LLC
First Amendment to PPA Page 1 o1T

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. r i,r.6f
IN WITNESS WHEREOF, the Parties hereto have caused this 1 Amendment to be
duly executed as of the date above written.
IDAHO POWER COMPANY PVS 2, LLC
By: QJAaw IQiCUM By: IN4.. tt_40'
Name: Adam Richins Name: Luigi Resta
Title: SVP & Chief Operatina, Officer Title: Authorized Signatory
PVS 2, LLC
a D�
First Amendment to PPA Page 2 ofA