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Home My WebLink About20240702IPC to Staff 1st PR 1-1.pdf MOR IDAW ip�" hs POOWER® An IDACORP Company RECEIVED MEGAN GOICOECHEA ALLEN 2024 July 2, 2:40PM Corporate Counsel IDAHO PUBLIC mgoicoecheaal len(a�idahopower.com UTILITIES COMMISSION July 2, 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 Response to the First Production Request of the Commission Staff 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: (208) 388-2664 Facsimile: (208) 388-6936 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 ) IDAHO POWER COMPANY'S THE SALE AND PURCHASE OF ELECTRIC ) RESPONSE TO THE FIRST ENERGY FROM THE SHOSHONE HYDRO ) PRODUCTION REQUEST OF THE PROJECT. ) 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 18, 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: Section 23.7 contained in the proposed First Amendment states that "[f]or purposes 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." [emphasis added]. However, Appendix B of the current Energy Sales Agreement states there are already four generators that have been installed. Please explain this discrepancy and whether a modification to the ESA language is required. RESPONSE TO STAFF'S REQUEST FOR PRODUCTION NO. 1: The language in this request reflects the verbiage set forth in paragraph 8 of the Application which, while intended to restate revised Article XXIII as included in the First Amendment, inadvertently includes the additional provision as quoted in the request that is not actually included in the First Amendment. Rather, Section 23.7 of the First Amendment to the Energy Sales Agreement ("ESA") between Idaho Power and Shoshone Hydro, L.P. dated May 15, 2024, provided as Attachment 1 to the Application, states in its entirety: 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 IDAHO POWER COMPANY'S RESPONSE TO THE FIRST PRODUCTION REQUEST OF THE COMMISSION STAFF - 2 deemed a material breach of this Agreement. The additional statement included in the Application and quoted in this request was related to another project, see IPC-E-23-15; it is not related to the Shoshone Hydro Project and was mistakenly included in the Application. Appendix B of the Shoshone Hydro ESA accurately describes the Facility. As such, it is not necessary to modify the language of the ESA, as amended, but at Commission Staff's election, the Company can file an errata to the Application to correct the reference. The response to this Request is sponsored by Camille Christen, Resource Acquisition, Planning, and Coordination Manager, Idaho Power Company. Respectfully submitted this 2nd day of July 2024. Akr T I�� QJIXfU�l MEGAN GOICOECHEA ALLEN Attorney for Idaho Power Company IDAHO POWER COMPANY'S RESPONSE TO THE FIRST PRODUCTION REQUEST OF THE COMMISSION STAFF - 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 2nd day of July 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: Michael Duval Hand Delivered Deputy Attorneys General U.S. Mail Idaho Public Utilities Commission Overnight Mail P.O. Box 83720 FAX Boise, ID 83720-0074 X Email - michael.duval(c)_puc.idaho.gov a4DU4-- Christy Davenport, Legal Assistant IDAHO POWER COMPANY'S RESPONSE TO THE FIRST PRODUCTION REQUEST OF THE COMMISSION STAFF -4