Loading...
HomeMy WebLinkAbout20260706APPLICATION.pdf ON —0IQAH0 Re RECEIVED LISA C. LANCE July 6, 2026 Corporate Counsel IDAHO PUBLIC UTILITIES COMMISSION I lance(a�idahopower.com July 6, 2026 Commission Secretary Idaho Public Utilities Commission 11331 W. Chinden Boulevard Building 8, Suite 201-A Boise, Idaho 83714 Re: Case No. IPC-E-26-22 Pico Energy, LLC Project Idaho Power Company's Application for Approval of the First Amendment to the Energy Sales Agreement Between Idaho Power and Pico Energy, LLC Dear Commission Secretary: Attached for electronic filing, please find 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. Sincerely, Lisa C. Lance LCL:cd Attachments 1221 W. Idaho St(83702) P.O. Box 70 Boise, ID 83707 LISA C. LANCE (ISB No. 6241) DONOVAN E. WALKER (ISB No. 5921) Idaho Power Company 1221 West Idaho Street (83702) P.O. Box 70 Boise, Idaho 83707 Telephone: (208) 388-2649 Facsimile: (208) 388-6936 Ilance(a-Mdahopower.com dwalkerCa-)_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-26-22 APPROVAL OF THE FIRST AMENDMENT ) TO THE ENERGY SALES AGREEMENT ) APPLICATION BETWEEN IDAHO POWER AND PICO ) ENERGY, LLC. ) Idaho Power Company ("Idaho Power"), in accordance with the Idaho Public Utilities Commission's ("Commission") Rule of Procedure 52 ("RP 52") and the applicable provisions of the Public Utility Regulatory Policies Act of 1978 ("PURPA"), hereby respectfully applies to the Commission for an order approving the First Amendment to the Energy Sales Agreement between Idaho Power Company and Pico Energy, LLC ("Amendment") for the Pico Energy cogeneration facility ("Facility"). The Amendment modifies certain provisions of the Energy Sales Agreement ("ESA") to reflect a reduction in the Facility's nameplate capacity and to incorporate Commission-approved language governing facility modifications. The Amendment does not otherwise change the terms and conditions of the ESA. APPLICATION - 1 In support of this Application, Idaho Power represents as follows: I. INTRODUCTION AND BACKGROUND 1. Idaho Power and Pico Energy, LLC ("Seller", jointly "Parties") entered into an ESA on December 13, 2019, for the purchase and sale of energy produced by the Seller's cogeneration facility located near Jerome, Idaho. The ESA was approved by the Commission in Order No. 34544 on February 7, 2020. 2. The Facility is a PURPA qualifying cogeneration facility fueled by natural gas and interconnected to Idaho Power's electrical system. The Facility operates under the Commission's avoided cost framework applicable to "Fueled Other Facilities" and receives pricing consistent with Commission orders governing such facilities. Under the ESA, the Facility was designed and certified with a nameplate capacity of 2.276 megawatts ("MW") and configured with two generation units. 3. The Seller has recently modified its operations due to the age, condition, and required repairs of one of the Facility's generators. As a result, the Seller has decommissioned one generator and is currently operating the Facility with a single generation unit. This change in operations has reduced the Facility's nameplate capacity from 2.276 MW to 1 .138 MW. 4. On June 24, 2026, the Parties agreed to revise Article XXI I I, Appendix B-1, and Appendix B-4 of the ESA to include changes that reflect the reduction to Nameplate Capacity from 2.276 MW to 1 .138 MW and to add Commission-approved language pertaining to modifications of the Facility (see Attachment 1). II. THE AMENDMENT 5. The Amendment modifies Article XXIII (MODIFICATION) and Appendices B-1 and B-4 of the ESA to reflect the updated configuration and operation of the Facility. Specifically, the Amendment: (1) reduces the Facility Nameplate Capacity from 2.276 MW APPLICATION -2 to 1.138 MW; (2) updates the description of the Facility to reflect operation with a single generator; (3) updates the Maximum Capacity Amount to 1.138 MW; and (4) incorporates Commission-approved language governing Facility modifications and the process for review and approval of such modifications. The Amendment does not otherwise change the terms and conditions or obligations of the Parties under the ESA. The Amendment ensures that the Agreement accurately represents the current description and operation of the Facility. III. PROCEDURE 6. Given the limited scope of the Amendment, Idaho Power requests that the Amendment be approved without further process. Alternatively, should the Commission determine that further process is required, Idaho Power believes that a 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. IV. COMMUNICATIONS AND SERVICE OF PLEADINGS 7. 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 Lisa C. Lance Idaho Power Company IPC Dockets 1221 West Idaho Street (83702) Idaho Power Company P.O. Box 70 1221 West Idaho Street (83702) Boise, Idaho 83707 P.O. Box 70 energycontracts(a)_idahopower.com Boise, Idaho 83707 dwalker _idahopower.com IlanceC@.idahopower.com dockets(c-)_idaho power.com APPLICATION -3 V. REQUEST FOR RELIEF 8. Idaho Power respectfully requests that the Commission issue an order accepting the First Amendment to the Energy Sales Agreement between Idaho Power and Pico Energy, LLC, submitted herewith without change or condition. Respectfully submitted this 6th day of July 2026. LISA C. LANCE Attorney for Idaho Power Company APPLICATION -4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 6th day of July, 2026, 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 Staff Hand Delivered Deputy Attorney General U.S. Mail Idaho Public Utilities Commission Overnight Mail 11331 W. Chinden Blvd., Bldg No. 8 FAX Suite 201-A (83714) FTP Site PO Box 83720 X Email Boise, ID 83720-0074 Courtesy Copy Sent To: Montauk Renewables, Inc., John Ciroli: jciroli _montaukrenewables.com Christy Davenport, Legal Assistant APPLICATION -5 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION CASE NO. IPC-E-26-22 IDAHO POWER COMPANY ATTACHMENT 1 Docusign Envelope ID: FEED8073-1 E69-80EE-80AC-5B4A5161 BEFC FIRST AMENDMENT TO THE ENERGY SALES AGREEMENT BETWEEN IDAHO POWER COMPANY AND PICO ENERGY, LLC This First Amendment of the PURPA Energy Sales Agreement ("ESA" or "Agreement") is entered into on this 24th day of June 2026, by and between Idaho Power Company, an Idaho corporation ("Idaho Power" or "Buyer"), and Pico Energy, LLC ("Seller"), (individually a "Party" and collectively the "Parties"). WHEREAS,Parties entered into an ESA on December 13,2019,for the purchase and sale of generation produced by Pico Energy, LLC, Cogeneration project ("Facility") with an Initial Term of 10 years from the Operation Date, which was approved by the Idaho Public Utilities Commission's ("IPUC") on February 7, 2020, in Order No. 34544; and WHEREAS, the Facility wishes to reduce the Nameplate Capacity from 2.276 MW to 1.138 MW due to the decommissioning of one out of the two generators because of age, condition and need for extensive repairs; and WHEREAS, Seller has recently been operating the Facility with one generator and has adjusted the Monthly Estimated Net Energy Amounts to reflect these operations; WHEREAS, Parties have agreed to the modification due to the Qualifying Facility Category, Primary Energy Source, and Fueled Rate class not changing, still deeming the Facility eligible for the Fueled Other Facility Energy Prices as outlined in the ESA and in accordance with IPUC Order 34350, with capacity payments per IPUC Order No. 32697, plus the Adjustable Component in effect, and with seasonalization factors applied. WHEREAS, the Parties desire to enter into this First Amendment to the ESA to include changes that reflect the reduction to Nameplate Capacity from 2.276 MW to 1.138 MW and to add IPUC-approved language pertaining to modifications of the Facility. These changes reside in Article 23: MODIFICATIONS, Appendixes B-1 and B-4 of the ESA. 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 First Amendment by this reference to the same extent as if these recitals were set forth in full at this point. 2. Amendment. Replace Article XXIII: MODIFICATION entirely and modify Appendices B-1 and B-4 as follows (s4ikeflffeiigh indicates deletions and underline indicated additions): Power Purchase Agreement Project: 40565975 Pico Energy,LLC First Amendment-Page 1 of 6 Docusign Envelope ID: FEED8073-1 E69-80EE-80AC-5B4A5161 BEFC ARTICLE XXIII: MODIFICATION 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: 1) Seller has promptly notified Idaho Power of the Proposed Facility Modification(s) prior to initiating the modification design,specification, purchasing and construction process. 2) 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. 3) The Proposed Facility Modification has been reviewed by Idaho Power and a determination made to either pursue an 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 an 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: 1) The nature, scope, and extent of the proposed or actual modifcation(s), 2) The impact, if any, on the applicable avoided cost rates or other relevant terms and conditions, 3) Such other information as may reasonably be necessary including the effect on an.. o�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 Power Purchase Agreement Project: 40565975 Pico Energy,LLC First Amendment-Page 2 of 6 Docusign Envelope ID: FEED8073-1 E69-80EE-80AC-5B4A5161 BEFC 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 pricingis s 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. 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 par�phs 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 Power Purchase Agreement Project: 40565975 Pico Energy,LLC First Amendment-Page 3 of 6 Docusign Envelope ID: FEED8073-1 E69-80EE-80AC-5B4A5161 BEFC 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 a _signed by both Parties and subsequently approved by the Commission. B-1 DESCRIPTION OF FACILITY Two One-GE Jenbacher 416 Gensets. 1,138 kW, 1,890 KVA 60 HZ 1693 A @ p.f. _ .08 480 V Facility Nameplate Capacity: 2.276 1.138 MW Qualifying Facility Category(Small Power Production or Cogeneration): Cogeneration Primary Energy Source(Hydro,Wind, Solar, Biomass,Waste, Geothermal):Natural Gas Fueled or Non-Fueled Rate (Generator primarily fueled with fossil or non-fossil fuel): Fueled s4sequefftly the Fueled Ra4e ei:Non Fueled Ra4e, will require a review of the Agreement(!) increases or-deer-eases the Facility Namepla4e Capacity, of(2) changes the Qualifying Faeility tefminate the Agreement. if the Agreement is tefminated beeause of said medifiea ions, the Se, will be fvspensible f ,T-ef ,in do Damages. B-4 MAXIMUM CAPACITY AMOUNT: The Maximum Capacity Amount is '2ry 1.138 MW which is consistent with the value provided by the Seller to Idaho Power in accordance with the GIA. This value is the maximum generation (1EWMW)that potentially could be delivered by the Seller's Facility to the Idaho Power electrical system at any moment in time. 3. Commission Approval. The obligations of the Parties under this First Amendment are subject to the IPUC's approval of this First Amendment, and such approval being upheld on appeal, if any,by a court of competent jurisdiction. The Parties will submit this First Amendment to the IPUC and request approval or rejection in its entirety. 4. Effect of Amendment. Except as expressly amended by this First Amendment, the Agreement, as amended, 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, as amended. 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 Power Purchase Agreement Project: 40565975 Pico Energy,LLC First Amendment-Page 4 of 6 Docusign Envelope ID: FEED8073-1 E69-80EE-80AC-5B4A5161 BEFC 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 Parry 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. Power Purchase Agreement Project: 40565975 Pico Energy,LLC First Amendment-Page 5 of 6 Docusign Envelope ID: FEED8073-1 E69-80EE-80AC-5B4A5161 BEFC IN WITNESS WHEREOF,the Parties hereto have caused this First Amendment to be duly executed as of the date above written. PICO ENERGY, LLC IDAHO POWER COMPANY By: �66- brk By: i2ro..-, N. Am. Name: John Ciroli Name: Ryan N.Adelman Title: Chief Legal Officer Title: VP, Power Supply Date: 6/24/2026 Date: 6/24/2026 Power Purchase Agreement Project: 40565975 Pico Energy,LLC First Amendment-Page 6 of 6