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HomeMy WebLinkAbout20240813Decision Memo.pdf DECISION MEMORANDUM TO: COMMISSIONER ANDERSON COMMISSIONER HAMMOND COMMISSIONER LODGE COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM: YAO YIN, UTILITIES ANALYST II MICHAEL DUVAL,DEPUTY ATTORNEY GENERAL DATE: AUGUST 13, 2024 RE: IN THE MATTER OF THE JOINT PETITION OF AVISTA CORPORATION AND FORD HYDRO LIMITED PARTNERSHIP FOR APPROVAL OF POWER PURCHASE AGREEMENT; CASE NO. AVU-E- 24-06. On Angst 5, 2024, the Idaho Public Utilities Commission ("Commission") issued Order No. 36282, directing Avista Corporation d/b/a Avista Utilities ("Company") to fix the issues identified by Commission Staff("Staff')and submit a compliance filing within 30 days of issuance of the Order. On July 23, 2024, the Company submitted Amendment No. 1 to the Power Purchase Agreement between the Company and Ford Hydro Limited Partnership ("Seller") in compliance with Staff s recommendations. STAFF ANALYSIS Staff reviewed Amendment No. 1 and believes the Company has met the requirement of Order No. 36282 by addressing all the issues identified by Staff. Specifically, Amendment No. 1 includes the following modifications: 1. Correction of the expiration date in the fourth recital of the PPA; 2. Correction of the duration of the rolling window in Section 5.2; 3. Specification of the Facility's technology type; 4. Reference of Section 22 in Section 10.6; DECISION MEMORANDUM 1 AUGUST 13, 2024 5. Replacement of"not Surplus Energy"with"not Surplus Energy or Shortfall Energy" in Section 6.1; 6. Replacement of"the Effective Date"with"May 15, 2024" in Section 6.1; and 7. Replacement of Section 11.1 with Section 6.1 in Exhibit E. STAFF RECOMMENDATION Staff recommends the Commission approve Amendment No. 1 to the Power Purchase Agreement between the Company and the Seller as the Company's Compliance Filing. COMMISSION DECISION Does the Commission wish to approve Amendment No. 1 to the Power Purchase Agreement between the Company and the Seller as the Company's Compliance Filing? ao Yin Utilities Analyst II Michael Duva Deputy Attorney General DECISION MEMORANDUM 2 AUGUST 13, 2024