Loading...
HomeMy WebLinkAbout20060630MVP to Staff 1-7 Part I.pdf~OUNT All'll VIEW POWER~~ED 2006 JUN 30 AM 8: 00 IDAHO PUBLIC UTILITIES COMMISSION June 29, 2006 Jean D. Jewell, Secretary Idaho Public Utilities Commission 72 West Washington Street PO Box 83720 Boise, ID 83720-0074 RE:Case No. IPC-06- Mountain View Power s Answers to First Production Request of Commission Staff Dear Ms. Jewell Enclosed please find for filing an original and two (2) copies of Mountain View Power s Answers to First Production Request of Commission Staff regarding the above described case. Very truly yours It! R~ L. Ronald L. Williams RLW/smr Enclosure 1015 West Hays Street Boise, Idaho 83702 Phone 208 331-1898 Fax 208343-1218 Ronald L. Williams ISB 3034 Williams Bradbury, P. PO Box 2128 Boise, Idaho 83701-2128 Telephone: (208) 344-6633 Telecopier: (208) 344-0077 RECEIVED 2006 JUH 30 AM~' IDAHO PUBLIC UTILITIES COMMISSION Attorney for Mountain View Power, Inc. BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICA nON OF IDAHO POWER COMPANY FOR A CERTIFICATE OF CONVENIENCE AND NECESSITY FOR THE EV ANDER ANDREWS POWER PLANT CASE NO. IPC-06- MVP ANSWERS TO FIRST PRODUCTION REQUEST OF COMMISSION STAFF TO MOUNTAIN VIEW POWER Mountain View Power, Inc., (MVP) by and through its attorney of record, Ronald L. Williams responds to the following questions and provides the documents as described below. REQUEST NO.1: In its petition to intervene, Mountain View Power (MVP) states that it has reason to believe that it may have submitted the lowest cost bid to Idaho Power to construct the identical Siemens Westinghouse power plant for Idaho Power at the Boise City Gateway Industrial Park site (Gateway plant). Please explain the basis for this belief and provide any supporting evidence. ANSWER NO.1: The basis for MVP' s beliefthat it may have submitted the lowest cost bid to Idaho Power is explained in the attached letter to Idaho Power dated February 22, 2006 where MVP compared the bid capital costs of its proposed Gateway power site proposal to what MVP estimated would be development costs to be incurred at the Evander Andrews site in Mountain Home. At the time ofthat letter MVP did not know actual development costs at Evander Andrews. The table on page 7 of the February 22, 2006 letter from MVP to Idaho Power estimated that the Gateway site had an $11.8 million cost advantage over the Evander Andrews site; based in part on an assumption that transmission costs associated with Evander Andrews would be $20 million. The Company now indicates that $22.8 million of transmission cost upgrades are required for Evander Andrews. This would increase the cost advantage MVP estimates the Gateway site would have over the Evander Andrews site from $11.8 million to $14.6 million. The witness sponsoring this answer and able to respond to questions at hearing is Robert Looper. First Answers to First Production Request of Commission Staff to MVP - 1 REQUEST NO.2: In its petition to intervene, MVP states that it believes the non-price scoring attributes in the Idaho Power bid process may be been inappropriately biased against MVP. Please explain the basis for this belief and provide any supporting evidence. ANSWER NO.2: First, MVP would point out that in its petition to intervene it alleged that the non-price attributes scoring by Idaho Power in its bid analysis "may have been biased. MVP has submitted limited discovery requests to Idaho Power to determine the scoring or ranking ofthe non price factors, but MVP has conceded that it will not seek proprietary or confidential information from Idaho Power as to the analysis or process used to rank or score the bids. Therefore, ifthere is actual evidence of bias in the bid selection process with respect to the non-price "site and community attributes" of "permit status, land ownership/control, location and regulatory requirements and community support", then Staff and other intervenors will have to uncover or develop that evidence. MVP will only review the non-price rankings by Idaho Power and make its ownjudgment ofwhether the results ofthe non-price factor scoring imply bias in favor ofIdaho Power owned or controlled sites such as Evander Andrews and against independently offered sites such as Gateway. The witness sponsoring this answer and able to respond to questions at hearing is Robert Looper. REQUEST NO.3: IfMVP believes that its Gateway project bid is superior to the other bids received and considered by Idaho Power, please provide evidence, analysis, and support for this belief. ANSWER NO. Request No.1 above. Please see the answer to and information provided in response The witness sponsoring this answer and able to respond to questions at hearing is Robert Looper. REQUEST NO.4: Please describe any transmission system additions or improvements including cost, which would be needed to interconnect the Gateway plant into Idaho Power s existing system. ANSWER NO.4: MVP does' not have specific information on transmission system and interconnection costs for the Gateway site, but has asked Idaho Power for the same. See MVP discovery requests No., 3 and 4 to Idaho Power. Generally MVP believed that locating a power plant within the Treasure Valley would have a significant cost advantage over similar peaking plant proposals located outside the Treasure Valley. Documents produced by Idaho Power that led MVP to this belief include: (i) Idaho Power Requests for Proposals for bids (p. 29 and 30), (ii) Idaho Power Transmission Assumptions for Network Resource Additions and (iii) the Treasure Valley Electric Plan. Copies ofthese documents are attached. The witness sponsoring this answer and able to respond to questions at hearing is Robert Looper. First Answers to First Production Request of Commission Staff to MVP - 2 REQUEST NO.5: Please provide copies of any permits Mountain View has obtained from local, state or federal air, water, solid waste or land management agencies. Please also summarize the status of all other permits that have not yet been obtained by will eventually be necessary for construction and operation of the plant. ANSWER NO.5: Two major permits are necessary concerning construction of the Gateway Power Plant. Those permits are a Conditional Use Permit issued by the City of Boise and a Permit to Construct (e., an 'air permit') issued by the Idaho Department of Environmental Quality. With respect to these two major permits please find attached copies of: (i) MVP's Conditional Use Permit to construct the Gateway Power Plant approved by the Boise Planning & Zoning Commission January 9 2006 and affirmed on Appeal by the Boise City Council with respect to Plant # 1 (the Siemens 170 MW proposal) on March 21 2006, with transmittal letter dated April13 , 2006, and (ii) A copy of the draft Permit to Construct No. P-06005 dated June 2, 2006 sent to MVP by IDEQ for comment. MVP anticipates having the final DEQ air permit by early August, 2006. In addition there are a number of other potential minor permits that could be required for the Gateway Power Plant. A comprehensive list of all potential permits that could be required at the Gateway site are shown on the attachment Exhibit II-, which was an exhibit to MVP's bid to Idaho Power. MVP has not started the permitting process for these minor permits for the Gateway plant. The witness sponsoring this answer and able to respond to questions at hearing is Robert Looper. REQUEST NO.6: Will any of the permits MVP has obtained or will obtain restrict the operation of the proposed Gateway plant? If so, please describe the timing, duration and nature of such restrictions. ANSWER NO.6: None of the permits MVP has obtained or will obtain restrict or are anticipated to restrict the operation of the Gateway power plant. The witness sponsoring this answer and able to respond to questions at hearing is Robert Looper. REQUEST NO.7: Please provide a copy of all correspondence between MVP and Idaho Power concerning bids MVP made in response to the RFP. ANSWER NO.7: Please see the attached correspondence requested. The witness sponsoring this answer and able to respond to questions at hearing is Robert Looper. First Answers to First Production Request of Commission Staff to MVP - 3 DATED this 28th day of June, 2006. Mountain View Power, Inc By f(~l4l~ Ronald L. Williams Williams Bradbury, P. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 29th day of June, 2006, I served a true and correct copy ofthe within and foregoing document, via regular mail at the addresses shown below, upon all parties of record, and addressed to the following: Barton L. Kline Monica B. Moen Attorneys for Idaho Power Company O. Box 70 Boise Idaho 83707-0070 b lkline(fYidahopower. com mmoen(fYidahopower. com James C. Miller Sr. Vice President, Generation Idaho Power Company O. Box 70 Boise Idaho 83707 j imiller(fYidahopower. com Donovan Walker Deputy Attorney General Idaho Public Utilities Commission 472 W. Washington Boise ID 83702 Donovan. walker(fYpuc.idaho. gov Peter J. Richardson, Esq Richardson & O'Leary 515 N. 2ih St PO Box 7218 Boise ID 83702 P eter(fYri chardsonando I eary. com Don Reading Ben Johnson Associates 6070 Hill Road Boise ID 83703 dreading(fYmindspring. com JlJLhJ~ Ronald L. Williams Williams Bradbury, P. First Answers to First Production Request of Commission Staff to MVP - 4 MOUNTAIN VIEW POWER'ANSWERS STAFF'S FIRST PRODUCTION REQUESTS Attachment to Response Request No. -- A,;- - -" - ' Mountain View Power, Inc. February 22, 2006 Mr. F Gregory Hall Principal Engineer Power Production Idaho Power Company O. Box 70 Boise, Idaho 83707 Subject:Mountain View Power - Gateway Power Project Development Status & Capital Cost Benefits References:(A)Letter, Greg Hall (Idaho Power) to Robert Looper (MVP) dated January 6,2006 Dear Greg; In the reference letter you indicated Idaho Power Company (IPCo) had elected not to select any of Mountain View Power s (MVP's) eight proposals either at the Gamet or Gateway sites. In addition, only written correspondence is allowed during this time as IPCo is negotiating with an EPC Contract with Siemens to place a 501 FD3 at the Evander Andrews complex. Since receipt of your letter on January 6, 2006, many events have taken place regarding the development of our proposed Gateway project. The purpose of this letter is to provide an update of the status of the Gateway project, and state for clarity, several key points regarding MVP's preferred project - a single 501 FD3 at Gateway located in the City of Boise, Idaho vs. IPCo s selected project at Evander Andrews. 1. EQUIPMENT SUPPLY MVP is teamed with Siemens to provide the turnkey development and construction of a 501 FD3 at the Gateway facility. MVP is offering the same equipment scope of supply as we expect would be installed at IPCo s Evander Andrews Power Complex. Siemens has however, provided pricing for 9 ppm Ultra-Dry Low NOx burners for Gateway. This equipment will be required for the Gateway project and we expect it will be required for Evander as well, considering our recent experience with the Idaho Conservation League and the Idaho Department of Environmental Quality. Evaluation Summary: There should be no capital cost difference between MVP's Gateway offer and IPCo s self build alternative at the Evander Andrews site for the Siemens power island. 2. TRANSMISSION The Gateway facility is located within the Treasure Valley (Zone 1 according to designation provided in IPCo' s RFP) and will interconnect with the Boise Bench substation via a "looped in" connection with the Boise Bench to Caldwell 230 kV transmission line. The evaluation cost for Zone 1 as indicated in IPCo s RFP is $3 to $10 million, and MVP expects the interconnection costs for Gateway to be on the $3 million end of the spectrum, including the interconnecting switchyard. The Evander Andrews Power Complex is located in Zone 3 and as indicated in the RFP would have a $20 - $40 million evaluation cost. We expect the transmission path from Evander is constrained and requires either construction of new 230 kV double circuit transmission or a re-conductoring of existing in order to move the power west to the Boise load center. Construction of new transmission from the Evander facility to Boise could involve an extensive permit process and may have several environmental hurdles yet to overcome. The only published data on the cost of connecting in Zone 3 is the $20-40 million range. For purposes of comparison to the Gateway site, we have chosen the lower end of the range, $20 million. In any event, the timely completion ofIPCo s new power project at Evander is therefore dependent on the completion of approximately 30 miles of new or upgraded transmission line. Evaluation Summary: IPCo s self build option at Evander Andrews will have a minimum of$10 million hi2her interconnection costs than MVP's Gateway Project depending on the transmission upgrade option that is selected. A $10 million cost delta for the construction of the necessary transmission upgrades to integrate another unit at Evander Andrews results in costs to the ratepayers of $18,000,000 including interest when using a 7% interest rate and a 20 year loan term. 3. TRANSMISSION LOSSES MVP's proposed Gateway Project connects via the Boise Bench to Caldwell 230 kV transmission line to the Boise Bench Substation approximately 1.5 miles away. The Evander Andrews Power Complex is approximately 30 miles away from Boise Bench. We estimate the transmission losses difference between the Gateway Project and IPCo s Evander Andrews is approximately 0.25% - 0.5% if new transmission is selected and as high as 3 % if re-conductoring is selected. 1015 West Hays Street Boise, Idaho 83702 208331-1898 Fax 208 343-1218 Evaluation Summary: Using a 1500 hours per year operating profile, a conservative 160 MW average annual operating load, a 10% discount rate, 0.5% difference in transmission losses and a 25 year project life, we calculate the transmission losses from the Evander Andrews facility using new transmission will result in approximately $500,000 higher costs (NPV) than MVP's Gateway Project. With re- conductoring, we estimate approximately $4 million in higher costs (NPV). 4. NATURAL GAS INTERCONNECTION Both the Gateway and Evander Andrews site draw from the same Northwest gas pipeline. Costs for construction of a new gas pipeline to feed the Gateway site were included in the proposal. Evander Andrews is served by an existing gas pipeline that should have capacity to serve the proposed new power plant. Evaluation Summary: The Evander Andrews site should be lower cost than the Gateway site for gas service. The proposed equipment is the same and therefore the inlet gas pressure requirements are the same. The Gateway gas pipeline was sized to minimize pressure losses for delivery from the Northwest Pipeline in the same way as the Evander Andrews site. Niether site is advantaged or disadvantaged by pressure conditions on the pipeline. Gas compression can provide near 100% guarantee for gas availability at either site. Without gas compression, both sites are subject to the infrequent drops in pressure below equipment operating minimums. As a result of having the pipeline interconnection already constructed to the Evander Andrews facility, the IPCo self build alternative has a $1.5 million capital cost advantage over MVP's Gateway Project. 5. AIR PERMITTING MVP has prepared and submitted the Modeling Protocol to Idaho DEQ. During the Conditional Use Permitting process over the past two months, the City of Boise requested IDEQ to provide an air quality impact analysis to the City in support of a January 9th City Council Meeting. DEQ's analysis indicated there were no significant impacts resulting from the project. A copy of the DEQ report is attached. MVP recently submitted the "minor source" air pennit application to IDEQ and expects the permit, because of the work IDEQ has already performed, to be processed fairly quickly and in time for a Summer 2006 commencement of construction. With the commitment to operate at less than 10 ppm NOx, we do not expect to have any operating restrictions for the facility. 1015 West Hays Street Boise, Idaho 83702 208331-1898 Fax 208 343-1218 Evaluation Summary: MVP's Gateway Project will utilize Siemens' latest Ultra Low NOx technology and has already gained the support from several key environmental organizations. Gateway s permit to construction should be completed in 2nd quarter 2006. The Gateway Project will not have any operating restrictions and can be operated for over 4000 hours without exceeding the permit levels. IPCo will have to prepare, file and receive an air permit from IDEQ. If IPCo has not yet commenced this activity, this is yet another reason for not being able to achieve the June 1, 2007 completion schedule requested in the IPCo RFP. also note if IPCo pursues a minor source permit for the new unit at Evander Andrews, the permit will require the cumulative emissions from the two ,existing Westinghouse 251's and the new 501 FD3 be evaluated. The operatine: hours for the complex will be limited in order for the entire facility to remain less than the 250 tons allowed for the major pollutants. We expect therefore, IPCo will need to obtain a Prevention of Significant Deterioration (PSD) permit for the facility which will take more time to prepare and process. This would only be an issue for a 2007 completion date as there is sufficient time to obtain permits to achieve an April 2008 completion date. 6. CONDITIONAL USEIPLANNING & ZONING APPROV ALS On January 9,2006 MVP received Boise City Planning and Zoning Commission approval to build the Gateway Power Plant at the Gateway Industrial Park, subject to certain findings and conditions of approval. The Commission s vote was vote of7 to 1 in favor of granting this conditional use permit. A copy of the permit is attached. As is their right, certain residents have appealed the P & Z decision to Boise City Council. MVP has reviewed the substance of the appeals in conjunction with the extensive hearing record in support of the P & Z decision and believes the appeals are unlikely to prevail on the merits. A Boise City Council hearing on the appeals tentatively will occur in early March 2006. Boise City s economic development department continues to strongly support the Gateway Power Projects as a way to jump-start the Gateway Industrial Park. As a result ofMVP's success in changing State property tax statutes related to thermal power plants in or near city limits Boise City will significantly benefit from the property tax related to the Gateway Power Projects. Evaluation Summary: The Gateway Project will receive a final Conditional Use Permit from Boise City prior to the end of 1 st quarter 2006 and therefore able commence construction in Summer 2006. 1015 West Hays Street Boise, Idaho 83702 208331-1898 Fax 208 343-1218 Although we have not reviewed the Conditional Use permit issued by Elmore County for the Evander Andrews Power Complex, if that permit requires an amendment to allow construction of a second unit, then the likelihood of that occurring in order to commence construction at Evander in time to support the original RFP completion date of June 1, 2007 appears questionable. Therefore, MVP's Gateway Project is advantaged by having an earlier achievable schedule. 7. PROJECT COMPLETION SCHEDULE Since our proposal was submitted, MVP has advanced the development of the Gateway Project using the Siemens 501 FD3. As mentioned above, local site permitting is on-track to fInish within the next 60 days and the results, so far, have been very positive. City leaders and administrators remain supportive of the Gateway Power Projects and the location originally offered to MVP. As also discussed above, MVP has received DEQ approval of our air modeling protocol for the Siemens 501FD3 at the Gateway site and MVP recently submitted its full air permit application to IDEQ. With the extensive modeling exercise already performed by IDEQ, we expect completion of this air permitting activity by Summer 2006. MVP therefore, remains fully capable and able to achieve Provisional Acceptance for the Project by June 1 2007, the date as required by the original IPCo RFP. Evaluation Summary: With the need for the construction of new 230 kV transmission, IPCo cannot achieve a completion schedule of June 1 2007. Additionally, delaying the completion schedule of either Gateway or the new unit at Evander until April 1, 2008 results in a $5 million cost increase from Siemens - including interest during construction. This increased cost can be avoided by MVP since the original project completion date of June 1, 2007 can be maintained. 8. IMPACT OF ELEVATION ON PERFORMANCE The proposed Gateway facility is located at an elevation of approximately 3040 feet above mean sea level. The new Evander Andrews facility will be approximately 200 feet higher in elevation. This difference in elevation will result in approximately 1. MW difference. Evaluation Summary: When evaluated over a 25 year lifetime, the cost of replacement power for this difference is $1.7-5 Million. 1015 West Hays Street Boise, Idaho 83702 208331-1898 Fax 208 343-1218 9. OPERATIONS & MAINTENANCE As a new facility in IPCo s system, the Gateway Project (if selected) would require staffing when the facility is to be operated. The Gateway facility is located approximately 30 miles from the Evander Andrews facility and personnel could easily be dispatched from Evander during times when Gateway would be operated. Because of the improved performance and lower transmission losses, we would expect the Gateway facility to be dispatched ahead of the Bennett Mountain and Evander Andrews facilities on a first priority basis to support the peaking load of Treasure Valley. If new staff were to be required to support the operation of this facility, we would expect that 2 - 3 additional people could handle the required dispatch schedule. This staff could be utilized by IPCo elsewhere in the system during unit down times. MVP estimates the cost impact to add Gateway at about $350 000 per year (assuming no benefit to IPCo elsewhere). Evaluation Summary: This cost of incremental labor at Gateway would have a $4 Million NPV assuming a 10% discount rate, a 3% per year labor escalation and a 25 year project life giving Evander an advantage in this category. 1015 West Hays Street Boise, Idaho 83702 208331-1898 Fax 208 343-1218 SUMMARY The following provides a summary of the costs advantages (both initial capital and long term savings) for the Gateway Project over Idaho Power s self build option to add a unit at Evander Andrews. MVP considers the overall economics of the Gateway Project to be clearly more favorable than IPCo s selected project and therefore does not believe Idaho Power has selected the least cost alternative for the future supply of energy to the Boise/Treasure Valley load center. No.Category Gateway Advantage Evander Advantage Siemens Contract/Scope (Capital)None None Interconnection Costs (Capital)$10 000 000 None Transmission Losses (NPV)$500 000 None Gas Interconnection (Capital)None 500 000 Air Permitting 6/1/07 Commercial 4/1/08 Commercial Operation Operation Conditional Use Pennit 6/1/07 Commercial 4/1/08 Commercial Operation Operation Completion Schedule (Capital)6/1/07 Commercial 4/1/08 Commercial Operation Operation 000 000 Replacement Power - 1 year Performance - Elevation delta Lower Elevation None (NPV)resulting in approximately 1 better performance 700 000 Operations & Maintenance (NPV)None 000 000 lower O&M costs Advantage Totals (Capital)$15 000,000 500 000 Advantage Totals (NPV)300 000 000 000 $17 300,000 $5,500,000 Delta Advantage Between $11,800,000 Proiects Note: As indicated above, the Gateway Project has an advantage of $15 000 000 in capital savings over IPCo self build project at Evander. The cost to finance the additional $15 million is an additional $13 Million assuming a 7% interest rate and a term of 20 years. From the Table above, it can be seen that the Gateway Project has an advantage of $12 Million (Capital/Other Advantages) and an estimated cost of $13 Million to finance the additional capital in interest) in financing costs advantage over IPCo s self build option at Evander Andrews. MVP does not understand therefore how IPCo can select their self build option as the least cost alternative as the winner of the RFP process. 1015 West Hays Street Boise, Idaho 83702 208331-1898 Fax 208 343-1218 MVP is available to discuss the results of our evaluation. We look forward to meeting with you in the near future to discuss this matter. If you have any questions, please do not hesitate to call me at (208) 331-1898 (office) or (208)-890-5371 (Cell). Robert Looper President Mountain View Power, Inc. cc:Peter Stewart (IPCo) Ron Williams 1015 West Hays Street Boise, Idaho 83702 208331-1898 Fax 208 343-1218 Bruce D. Chatterton Direcr,r i3oise City Hall 150 N, Capi'al Boulevard Mailing Address P. 0, Box 500 Bo;"" Idaho 8370 1-05DO Phone 208/38d-3830 Fax 208/384-3814 TCD!TTY 800/377 3529 Web WW'N, cityofboise.org!pds Mayor David H. Bieler City Council Presideni - \~oryonne Jordan 'neil p,.oTem me Clegg :non L Bislerfeldl David Eberle Alan W. Shealy Jim Tibbs ~q"ai Oepo"unity :;moloy", - '' '- "'.0 on ,o",-,j.d oepoc Planning & Development Services February 1 , 2006 :Mountain View Power Ron Williams, Vice President ;1015 W. Hays Street ;Boise, ID. 83702 JRE:CUPOS-OO126 / 9605 S. Eisenman Road - REVISED CONDITIONS OF APPROV AL :Dear Mr. Williams: In reviewing the minutes of the public hearing fur CUPOS-126 staff would like to clarify . some conditions. The revised conditions are underscored as fa llows: Jftms eoaditional use permit is not acted upen l/ithin sixty (6(;)) months, it will booomc null and void witheut further netifieation :from this department. ,~Conditions of Approval iSite Specific: 5. The applicant shall submit an air permit application with the Idaho Department of Environmental Ouality for proyosed power Plant #1 that uses best available pollution control technology which is existing and commercially available and meets or exceeds the requirements of Plant #1 for the plant configuration and equipment selected by the applicant. i8. The applicant has proposed phasing of the project. All required infrastructure shall ;be constructed prior to the development of each phase. Both phases of this development ::authorized by this Conditional Use approval must be completed within 5 years (60 months) tram the date of the Commission s approval or the applicant will be required to submit a : new conditional use application. Prior to the expiration of this conditional use, the Commission may, upon written request by the holder, grant a one-year time extension. A ,maximum of three (3) extensions may be granted. . All other conditions of this approval shall apply as stated in the original1etter. If you have any questions, please call me at 384-7857. CUPO5-00126/Nlountain View Power, Inc. Page 2 Sincerely, Carl Miller \. . Planner II CM:vvvCC: Richard Kaylor/3877 Gemini Circle/Boise/83709 Dan Buerstetta/S473 S. Broadwing Way/Boise/83716 Brett Crow/1717 E. Picabo CtJBoisel83716 Kathleen Fahey/2808 S. Colorado/BoiseJ83706 Kel1y MitchelUSlS2 S. Willamette PI./Boise/83716 Dave Ransom/322S Norfolk/Boise/83706 Cheryl Robinson/2979 Oak Park Pl.IBoise/83703 John Weber/9535 W. Cory Ln./BoiseJ83704 Tish Hetrick/2155 Blue Sage Ln./BoiseJ83716 Bruce D. CheHertor. Direcror Boise City Hell 150 N, Capirol Bouievod Moili n9 Addres:; p 0- Box 500 Boise, Idano B370i -OSOO Phone 208/384.c3:0 Fax 208/384-3814 TDD(TTY 800/377-3529 Web WW'W- cir(ofboise.orgi pas Mayor David H- Bieier City Council !"resident Maryanne Jordon ';1 ProTem ~.. " e Ciegg Vernon L. Bisterfeidt David Eberle Alan W. Sheely M. Jerome Mopp , '- "(-- , I - ~n Eo.Jo, :, :00" '" 'v ~"'o;ovec Planning & Development Services January 10 2006 Mountain View Power Ron Williams, Vice President 1015 W, Hays Street Boise, ill. 83702 RE: CUPO5-00126 /9605 S. Eisenman Road Dear Mr. Williams:: This letter is to inform you of the action taken by the Boise City Planning & Zoning Commission on your request to construct two natural gas power plans in two phases on property located at 9605 S. Eisenman Road in an M-2D (General Industrial with Design Review) zone. The Commission, at their hearing January 9, 2006, approved your request based on compliance with the attached Conclusions of Law, Findings of Fact and Conditions of Approval. May we also take this opportunity to inform you of the following: This approval will not take effect until after the appeal period has lapsed. The decision of the Boise City Planning Zoning Commission may be appealed to the Boise City Council within ten (10) calendar days from the issuance of this decision. The appeal must be written, accompanied by the appropriate fee and submitted to the Boise City Planning & Development Services Department prior to the deadline set forth herein. Appeal application forms are available in the Planning Department or on-line under Applications at: \iv~\v\.vcitvofooiseon!/ods/or http:6477,8.21/pds/apps.asp ,). All appeals of this permit must be filed by 5:00 p.m. on Monday, January 20~ 2006. If--th-i-s-c-ooai:t-i0nal-Hse-t'eFffiit---i-s-HGt~oo-withi n--eighteen (18) months, it -will-bee e-me --n ull- and -ve-j, cl--wiHNut-furtfi er - fleE: fie ati en-, fr- em-t-his-depm"tment Sincerely, :::--- - Carl Miller CUPO5-00 126IMountain View Power, Inc. Page 2 Planner II CM:vvv ClJP05-00126/Mountain View Power, Inc. Page 3 Reasons for Decision: Mountain View Power, Inc. (MVP) requests approval of a Conditional Use Permit to construct 2 natural gas power plants at 9605 S. Eisenman Road. The site is located in the East Gateway Industrial Park and in an 2D (General Industrial with Design Review) zone. Plant One will generate 80-250 megawatts of electricity and is designed to meet the requirements of Idaho Power s Request for Proposal (RFP). Electricity generated from this plant will provide for peak summer and winter power needs. Plant Two will generate 50 to 100 megawatts of electricity- This electrical generation will be a secondary or backup power source for wind power project being developed across southern Idaho. The second use of this plant will be for electricity for refrigeration for future warehouses within the East Gateway Industrial Park. The applicant has proposed an emission stack less than 70' in height to comply with the height limitations for public sezvices (B.C. 11-06-06.13). On March 30, 2005 , Idaho Power issued an RFP for peaking resource electric generation project. The applicant submitted a Conditional Use application for approval of 2 gas-fired power plants at 9605 South Eisenman Road. These plants, if accepted by Idaho Power, would provide for public electrical generation. On November 14, 2005 action on the Conditional Use application was deferred by the City of Boise Planning and Zoning Commission to January 9 2006 to allow for an additional comment period trom public agencies. Greystone Environmental Consultants, Inc., on behalf ofMVP, submit a preliminary atmospheric en dispersion model which has been reviewed by DEQ. The air quality analyses submitted by MVP only assessed impacts from the plant one and protocol was submitted prior to MVP's proposed change to lower ~ NOx emitting technology. The air modeling study for the Gateway Power Plant (GPP) still serves as an indicator for impacts on air quality. ...J...J c:( Primary emissions from natural gas power plants include nitrogen oxide (NOx) and carbon monoxide (CO). Secondary emissions include sulfur dioxide (SO2), organic compounds (VOC) and particulate matter (PM1o). Emissions of NO X, SO2, and VOCs can react with other chemicals in the atmosphere to produce fIDe aerosol particulate and ozone. The applicant has proposed to include the installation of additional pollution control equipment in their proposal and to work with the Idaho Department of Environmental Quality (DEQ) to incorporate emissions standards that are more stringent than required into the DEQ air permit for their facility. As a result, the MVP plant will reduce its NOx pollution by 50% as compared to the emissions from the Bennett Mountain facility currently owned and operated by Idaho Power in Mountain Home. A condition of approval solidifies -this intent by limiting the continuous emission rate for Plant One to 10 parts per million nitrogen oxides and 10 parts per million carbon monoxide as measured by a continuous emissions monitoring system (CEMS). Plant Two will also use best available pollution control technology which is existing and commercially available for the plant configuration and equipment selected by applicant. A Best Available Control Technology (BACT) analysis was not submitted with the air impact analyses; therefore DEQ could not verify whether the proposed technology represents BACT. The Idaho Conservation League supports the cleaner pollution control mechanisms and as a result, will no longer be opposing the request. The DEQ report indicates that impacts of all directly emitted air pollutants (NO2, CO , SO2, PM 10, and PM2.5) were well below applicable air quality standards, even when combined with background concentrations based on air monitoring data collected in the Boise area. The impact levels of CO, PMlO and SO2 are even sufficiently low to be allowed in non-attainment areas (areas not meeting air quality standards for those pollutants) by Idaho air quality regulations; however, the Treasure Valley is not a non-attainment area for any pollutants. Table 1 provides a summary of maximum primary impacts. ClJP05-00126/Mountain View Power, Inc. Page 4 U') a::: :;::. ..J..J c:( I Table 1.1Ylodeled Impacts of Directly Emitted Pollutants Maximum Averaging I Impact Background 1m pact Standard Pollutant Period I from GPP Level Background C!-1g/m (J.1g/m (J.1g/m (J.1g/m PMlO 24-hour 86.150 Annual 27. PM2.24-hour 51 a 53_ Annual 10. I Sulfur dioxide (SO2) hour 45.300 24-hour 26.365 Annual 78.3 Carbon monoxide hour I 1228 200 428 000 (CO)hour 201 400 601 000 Nitrogen dioxide annual ... ') 36.100.J- (NOl) Micrograms per cubic meter Particulate matter with an aerodynamic particle diameter less than or equal to a nominal 10 micrometers Particulate matter with an aerodynamic particle diameter less than or equal to a nominal 5 micrometers Based on the maximum 98th percentile value from each of five annual data sets. \\rinds in the Boise area are predominantly from the northwest and southeast (see Wind Rose Map). Predominant winds would carry the plume away from larger population centers. Although the predominant winds may carry the plume away from the larger population centers, calm conditions during either winter inversions or summer stagnation periods could result in the plume transported in any direction. DEQ used plume rise equations to measure a plume rise of between 1 640 feet and 1 969 feet. This causes a high degree oftherrnal turbulence in the immediate area and the plume may break out of inversion layers that are less than 1 640 feet thick. However, strong winter inversions within the Treasure Valley can periodically be 640 feet to 3 280 feet thick. DEQ is not confident that the plume from the GPP will have sufficient plume rise to break through such a deep stable layer associated with the strongest Treasure Valley inversions. Conditions of approval requested by DEQ will ensure that air quality and water quality will be protected. fugitive dust control plan which incorporates best management practices (BMP) will be required for the project. DEQ has also requested an odor management plan using appropriate BMP' s which details how the applicant will manage odors that may occur from the proposed operation. Other requirements provide for the protection of drinking water, surface water, and hazardous waste contamination. This request should have very little impact on water quality- The project proposes land application of "non- contact" wastewater. During peak hours up to 30 gpm (gallons per minute) of non-domestic wastewater will be generated. The applicant has proposed treating wastewater in several ways to prevent deterioration of the aquifer. The Boise City Public Works department in a memo dated October 7 2005 indicated that up to 2,000 gallons per day will be accepted into the sanitary sewer. A wastewater detention pond may be established on site for water in excess of allowed amounts- The applicant has also proposed future plans for CUP05-00126!Mountain View Power, Inc. Page 5 the piping of grey water to a pond within the Industrial park. The Boise Airport has requested that a wildlife mitigation plan be submitted for review and approval before the implementation of greywater ponds. Staff has recommended this as a condition of approval. Staff finds the proposed power plant compatible with other uses in the general area. The subject property located in an isolated location in Southeast Boise, near the Isaac s Canyon freeway interchange. Adjacent properties and most land in this area are vacant; therefore the project should not be incompatible with existing land uses- Both the zoning map and the Boise Comprehensive Land Use Map designate the area for Industrial uses. Residential uses are especially sensitive to the proposed use. There are no residential zoned properties or subdivisions within 1-Vz miles of the subject property. The Blue Valley Mobile Home Park is located approximately 7j mile to the northeast. The Blue Valley Mobile Home Park has spacing for approximately 210 manufactured homes. However, currently the site has only about an 80% occupancy rate. The mobile home park is in Ada County and is zoned M3 (Airport Industrial). Redevelopment of the mobile home park to industrial uses in the no-too-distant future is a distinct possibility. All properties within city boundaries within 1 mile are zoned Industrial (Limited Industrial, General Industrial, Technological-Industrial Park, or Technological- Manufacturing Park). The Columbia Village residential subdivisions are located between 2-3 miles northeast of the site. The site is separated from Columbia Village by Interstate 84, Highway 21 , and other industrial developments. Staff finds this is adequate distance and buffering from the proposed plant to mitigate any potential adverse impact. :::- ...J...J 0:( Noise generated from the plant will be minimal. Acoustic tests indicate that the power plant will generate 52 decibels (dBa) at a location 400' from power plant. A level of 52 decibels (dBa) is roughly equivalent to noise generated by a person speaking in conversational tones. The project will therefore produce comparatively ,small amounts of noise to other generators of sound pollution nearby the site. Noise from other uses in the general area will be greater than the proposed power plants. Interstate 84, the Boise Airport, and the Union Pacific Railroad coITidor are more pronounced contributors of noise pollution than the power plants. Noise will naturally increase as development of the East Gateway Industrial Park occurs. The applicant has proposed methods to mitigate the noise pollution. The emissions stack will implement silencing equipment to baffle the noise generated. Also, insulation used in the emissions stack will reduce the noise pollution from the plant. Staff visits to the Bennett Mountain plant in Mountain Home, which is similar to the proposal and was developed by the applicants, supported the claim that noise generated by the plant is negligible. Neighbors to the Bennett Mountain power plant did not indicate that noise from the plant was noticeable and were generally content with their location near the plant. The proposed use will not place an undue burden on transportation and other public facilities in the vicinity. The Ada County Highway District (ACHD) , in a report dated October 3 , 2005 , indicates that the applicant will need to provide improved access to the subject property. To comply with ACHD requirements Eisenman Road from Gowen Road will need to be widened to meet minimum width standards. The driveway from Eisenman to the power plant will also be improved to provide fire safety access, The subject property is within the Boise Airport Influence Area "A." Development of residences and schools are discouraged in this Influence i\rea. However, this influence area does not discourage industrial projects. The Boise .Airport has indicated in a memo dated October 25 , 2005 that the smokestacks will penetrate FAR Part 77 imaginary surface by 33' and conflicts with runway 9/27 Part 77 surface. All projections will need to comply with Federal Aviation Administration (FAA) standards for height and location near an airport runway, The emissions stacks are proposed for less than 70' in height. There are also similar heights for the electrical transmission lines in the area and the site is nearby to a bluff which is CUP05-00126/Mountain View Power, Inc, Page 6 elevated 275' above the subject property, Proposed condition of approval #8 requires compliance with Airport Influence Area height restrictions or receipt of a waiver from FAA height standards. Siting of the natural gas power plants is constrained by the availability of public infrastructure. Specifically, the proximity of electrical transmission, natural gas, water, and sewer lines are essential to the feasibility of this project. Necessary public infrastructure is nearby and will be extended to the site to serve the property. A natural gas pipeline is approximately 2 000' to the east. The extension of the line to the power plant will need to take place within an acceptable easement or right-of-way. Idaho Power owns 230h.v transmission lines nearby the site. These lines will be used to transmit electricity toward Caldwell and the Boise bench. Water and sewer lines will be extended to the subject property to serve the project. The siting of power generating plants at more remote locations could be economically unfeasible due to the related costs of extending necessary utilities. Staff finds the site is large enough to accommodate the proposed use, setbacks, fencing, parking, and landscaping. All buildings and parking areas will comply with the minimum setback requirements of the zone. Power plants do not have a specific parking requirement in the Zoning Ordinance. Day-to-day operations will include a handful of employees who will be sufficiently served by the proposed parking spaces. The applicant has proposed a 6' three-barbed wire fence encircling the perimeter of the site. This project is under the purview of the Design Review Committee. Staff has recommended a Condition of (/) Approval that landscaping, building colors and the site entrance be specifically reviewed for aesthetic quality and compatibility. Compliance with these and other conditions recommended by staff will provide that the project will not adversely affect other property of the vicinity. :;:. ...J...J 0::( A proposal for natural gas power plants at this location supports policies of the Boise City Comprehensive Plan. Elements of the Plan that are relevant to this project include Public Facilities (Chapter 2), Environmental Quality (Chapter 3), Community Quality (Chapter 7), Land Use (Chapter 8), Economic Development (Chapter 9), and Growth Management (Chapter 10). Comprehensive Plan goals, objectives and policies are addressed as follows: Public Facilities The Boise City Comprehensive Plan anticipates a projected population of 253 000 within the Boise Planning Area by the year 2015 (Objective 7.1). Population growth in surrounding municipalities is also steadily increasing. Current and future population of the city and region will need to be served by adequate public infrastructure to protect the quality of life enjoyed in the area. Vigorous and continual growth in the area has created the need to build new facilities. Objective 2.1 encourages projects that ensure "adequate electrical facilities are available to meet the needs of future development." The proposal for a gas power plant will provide electrical infrastructure to meet the Comprehensive Plan goal for an adequate supply of electrical energy to support existing and future land uses in the city (Goal 2.6). The inability to provide sufficient power to meet electrical demands could have negative consequences to the quality of life in the area. Inadequate power could lead to higher electrical costs and diminished economic growth. Staff finds that this proposal will support the Public Facili!ies goals, objectives, and policies by providing additional electrical generation. Environmental Quality Air quality is an issue of health, aesthetics and economics linked with land use. Poor air quality poses a particular health hazard for the young, elderly, or those suffering from chronic breathing diseases. It can become an aesthetic issue when it obscures desirable views of the foothills and downtown, Air quality may CUPOS-OO126/Mountain View Power, Inc. Page 7 be an economic issue when federal money is withheld due to air pollution. Chapter 3 of the Boise City Comprehensive Plan encourages the protection of air quality. The Boise Comprehensive Plan encourages industrial projects that provide "installing scrubbers in smoke stacks and other means of reducing industrial emission" (Policy 3.2.3). The applicant has proposed low Nox burners that will reduce the emissions generated by the plant. Water quality is also vital to livability of Boise residents. Development regulations for water quality are aimed at protecting environmental resources. An objective of the Comprehensive Plan encourages the protection of waters at highest standards (Objective 3.1). The applicant has proposed processes for the treatment of wastewater. Water treatment methods will be reviewed by DEQ, the City of Boise, and the Idaho Department of Water Resources (IDWR) to ensure the integrity of the aquifer and surface waters. Staff believes agency review and requirements for the protection of the environment will satisfy the air and water quality objectives of the Comprehensive Plan. Communitv Quality The perceived image of a community underlies its desirability, economic viability, and quality of life. The Community Quality chapter of the Boise Comprehensive Plan seeks the protection and enhancement of the City s visual qualities. The project is located within a Design Review overlay district. Development of the project will be reviewed by the Design Review Committee to insure the general appearance of buildings and rn site improvements. The project is located far from residential and commercial developments. The site is approximately 7'3 mile west of the east entrance of Interstate 84 to the Treasure Valley. The appearance of the power plant is an important consideration as it will be visible from the Interstate. Future development of the East Gateway Industrial Park may obscure the sight of the power plants, but this may not occur in the short term. Staff has recommended conditions that the Design Review Committee will evaluate the architectural design treatment of the buildings, parking, landscaping, and outdoor storage areas. Approval of Design Review relative to the visual characteristics of the site will provide a compatible and attractive proj ect. Land Use The Boise Comprehensive Plan encourages heavy industries and industrial uses that generate unusual noises and/or odors to be located within the industrial districts (policy 8.1). The grouping of Industrial uses facilitates manufacturing clusters, supports the economic base, and protects neighborhoods. The noises and emissions from the plant will be mitigated due to the location to the east of the Boise Airport and on the fringe of the city. Residential developments are prohibited in Industrial zones, therefore incompatible residential developments will not encroach upon the subject area. The site is located within the Airport Planning Area. This area is unique as it is the only Planning Area within the city without residentially-designated areas. Thisexc1usion is due to the inherent incompatibilities between heavy industrial and residential uses. The omission of residentially designated areas in this Planning Area indicates there will not be an encroachment of residences near the proposed site. The Industrial area to the east of the airport has been established to protect and promote industrial uses preferably heavier and noisier manufacturing businesses that may not be appropriate in other industrial areas of the city (policy 8.14.1 and Policy 8.14.3). Industrial and manufacturing uses in this area also benefit from convenient access to the shipping routes, such as the Boise Airport, rail lines, and Interstate 84. Specific to the Airport Planning Area, the project complies with policy that industrial area east of the airport should support manufacturing uses (Policy 8.14.3) policy which requires development within the Airport Influence i'uea shall be required to adhere to the noise standards (Policy 8.14.8). Staff finds the proposed CUPO5-00126/Mountain View Power, Inc. Page 8 approval of a power plant meets the objectives of the Boise Airport Planning Area and general land use plans of the Boise Comprehensive Plan. Economic Development Providing infrastructure adequate to support new development is essential for attracting industrial-sector jobs. Plant one of the power plant will provide necessary infrastructure for natural population growth and business expansion in the Treasure Valley. The Comprehensive Plan indicates that if a designated area cannot be feasibly served by necessary infrastructure the city should consider redesignating it for less intensive uses and concentrating economic development efforts elsewhere (policy 9.1). The inability to provide necessary services for industry and the reclassification of industrial zoning to zones which do not require electrical generation would be a tremendous opportunity cost for the city. The development of this area will not occur without adequate electrical generation. The lack of necessary electricity in the area could lead to brownouts. The effect of these outages could be increased crime, health problems, and job stoppages. A goal of the Economic Development chapter encourages the provision of adequate infrastructure for business creation and expansion (Goal 9.0). These plants will provide a support base for current and future land uses within the city. The development of a gas power plant will provide electricity for residences and businesses in the area. The second power plant will provide for the East Gateway Industrial park which will be an asset in attracting and retaining industry to this area. (/') a:: ;::. ...J...J 0::( The applicant was instrumental in amending Idaho Code (IC) enabling local jurisdictions to receive tax benefits for power plants (IC 63-405). This bill changed the allocation of property taxes from an electric generating plant as an incentive to cities to permit a power plant to locate within or near a city, by providing that the property taxes are apportioned to local municipalities. Appraised values of the site after development will generate additional property tax revenues. This additional tax revenue will provide resources necessary to support services provided for by the city. Staff finds the requested Conditional Use approval will support regional and local economic development goals. This request will also provide economic benefit to the city through property taxes and annual lease payments. Growth Manaszement Public services and infrastructure strongly influence the ability of the city to develop. A goal of the Growth Management chapter of the Boise City Comprehensive Plan (Chapter 10) encourages public infrastructure to be developed in a way to keep up with development of residential, commercial, and industrial areas. Necessary infrastructure such as electricity will need to be provided to accommodate that growth. The goal for electricity in the Boise City Comprehensive Plan is to ensure an adequate, safe, and orderly supply of electrical energy is available to support existing and future land uses in the city (Goal 10.0). This project will provide a peaking plant for summer and winter months to supplement electrical power already available to the area. This request supports many of the policies of growth management and will enable the appropriate future growth of the area. In conclusion, the natural gas power plants at the subject property meet criteria for approval. It is a compatible land use in an Industrial zone in the Boise Airport Planning Area. The power plant will support public infrastructure by providing electricity in peak times. The site will provide a support base for industrial, commercial, and residential uses. The recommended conditions of approval will mitigate negative impacts of the proposal. (J) z-~UJ, ' ::;:. ~\ '. . ,oJ: '" \,\...;..j """,""ocr:: :I" . ,,;:-. ~ f5. ------ CUP05-00126/Mountain View Power, Inc. Page 9 Conditions of Approval Site Specific: Construction, use and property development shall be in compliance with plans and specifications on file with the Boise City Planning and Development Services Department date stamped received on September 27, 2005 except as may be modified by the Boise City Design Review Committee or Staff or expressly modified by the following conditions. The energy production facility shall be limited to a maximum of 250 megawatts for plant one plant. The energy production facility shall be limited to a maximum of 100 megawatts for plant two. Mountain View Power shall secure an air quality Permit to Construct (PTC) from DEQ that is consistent with the design information and emissions rates provided in the Gateway Power Plant Air Quality Modeling Analysis prepared by Greystone Environmental Consultants, Inc, and submitted in December 2005 , for Mountain View Power. Best management practices shall be adhered to. The emissions stack shall implement insulation and silencing equipment to baffle noise pollution. The applicant shall submit an air permit application' with the Idaho Department of Environmental Quality that will limit the continuous emission rate for proposed power plant # 1 to 10 parts per million nitrogen oxides and 10 parts per million carbon monoxide as measured by a continuous emissions monitoring system (CEMS) at the plant, exclusive oftime periods when the plant is in start-up or shut-down mode and operating below installed 70% capacity. Power Plant #2 shall meet or exceed the requirements of Plant #1. The applicant shall comply with the conditions of the Idaho Department of Environmental Quality (DEQ) per Department comments dated October 31, 2005. Requirements include, but are not limited , the following: a. The applicant shall contact Michael McGown for an applicability determination. b. The applicant shall contact June Ramsdell, Air Quality Manager. Compliance with DEQ requirements for air quality shall be required. c. The applicant shall contact Chris Ariss, Engineering Manager. Compliance with DEQ requirements for wastewater shall be required. d. The applicant shall contact Tiffany Floyd, Drinking Water Manager. Compliance with DEQ requirements for drinking water shall be required. e. The applicant shall contact Craig Shepard, Water Quality Manager. Compliance with DEQ requirements for water quality shall be required. f. The applicant shall contact Ron Lane, Remediation Manager. Compliance with DEQ requirements for hazardous waste and gTound water contamination shall be required. g. If required a Permit to Construct shall be obtained. h. A National Pollution Discharge Elimination System (NPDES) Permit is required. construction disturbs more than one acre of land the applicant shall obtain permit coverage from EP A. C/) :;:. ....J....J 0:( ClJPOS-OO 126/Mountain View Power, Inc, Page 10 1. To obtain a construction General Permit, operators must develop a site-specific Storm Water Pollution Prevention Plan. j. No trash or other solid waste should be buried, burned or otherwise disposed at the site. k. Injection wells are regulated by the Idaho Department of Water Resources (ID\VR). Comply with all requirements of the Boise Airport Department report, dated stamped received October 25, 2005. Specifically the applicant shall comply with the following: a. An avigation easement shall be approved by City legal staff and recorded prior to the submittal of building permits. b. A wildlife mitigation plan shall be approved and implemented if required by the Boise Airport. c. The applicant shall apply for receive approval from the Federal Aviation Administration for a Notification of Proposed Construction. The applicant has proposed phasing of the project. All required infrastructure shall be constructed prior to the development of each phase. Both phases of this development authorized by this Conditional Use approval must be completed within 5 years (60 months) from the date of the Commission s approval or the applicant will be required to submit a new conditional use application. Prior to the expiration of this conditional use, the Commission may, upon written request by the holder, grant a one-year time extension. A maximum oftbree (3) extensions may be granted. 10.Prior to application for a building permit, the applicant shall provide documentation to the Boise City Planning and Development Services Departments that the site has a minimum of30 feet frontage on a public street or a permanent access easement to a public street which was of record prior to August 16, 1966 or prior to annexation by the City of Boise. 11.This project is in a Design Review District and shall be subject to review and approval by the Design Review Committee. The Committee shall specifically address the following: Landscaping and berming around the perimeter of the site provide a sight break from the Interstate and mitigate any impacts for future development. Landscaping that shall reduce the impact of carbon monoxide generated on-site. Fencing to restrict unauthorized access to the site. Outdoor storage shall be screened from public view. Colors and compatibility of buildings. The Design Review Committee shall also review and approve any exterior lighting so that it compatible with future development. 12,The applicant shall comply with the requirements of the Boise City Public Works Department (BCPW) for sewers per Department comments dated October 2005. Please contact BCPW at 384-3900. .tVl items required by BCPW shall be included on the plans/specific:ations that are 13. 14. 15. General: (f)a:: d1 17. :;:. 0:( ClJPO5-00126/Mountain View Power, Inc. Page 11 submitted for a Building Permit. Please note that any changes or modifications by the owner to the approved plans must be submitted to the Public Works Department for approval. Comply with all conditions of the Ada County Highway District report, date stamped received October 3, 2005. Proof of legal access shall be provided. Comply with all conditions of the Boise Fire Department report PRE05-00361. Any deviation :ITom this plan is subject to fire department approval. For additional information, contact David S, Miller at 384-3827. All parking areas and driveways shall be paved, and shall be designed and laid out to conform to the minimum standards required by the Boise City Zoning Ordinance. The applicant shall provide at least one (1) ADA parking space for each phase. 16.No change in the terms and conditions of this approval shall be valid unless in writing and signed by the applicant or his authorized representative, and an authorized representative of the City of Boise. The burden shall be upon the applicant to obtain the written confirmation of any change and not upon the City of Boise. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of its intent to change the planned use of the property described herein unless a variance in said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 18.Prior to issuance of a Building Permit and prior to any construction on the site, an Erosion and Sediment Control Permit must be obtained from the Building Division of the Planning and Development Services Department. 19.An Occupancy Permit will not be issued by the Building Department until all of these condition(s) have been complied with. In the event a condition(s) cannot be met by desired date of occupancy, the Planning Director will determine whether the condition(s) is bondable or should be completed and if determined to be bondable, a bond will be required in the amount of 110% of the value of the condition(s) which are incomplete. 20.Vision Triangles as defined in Section 11-01-03 and Section 11-10-04.4G. of the Boise City Zoning Ordinance shall remain clear of all sight obstructions. 21.A detailed grading and drainage plan shall be submitted for review and approval by the Ada County Highway District and Boise City Public Works Department before a Building Permit is issued. The applicant or his/her contractor shall obtain a Right-of-Way Permit from the Ada County Highway District prior to any construction in the public right-of-way. 23. 24. 25. 26. 27. 28. 29. 30. Ct:: 31- :;:. ...J...J 0::( 32. C1JP05-00126/Mountain View Power, Inc. Page 12 Hook-up to wet line sewers shall be required prior to issuance of an Occupancy Permit. Utility services shall be provided underground, This approval does not include approval of any signage. A separate Sign Permit will be required from the Boise City Planning and Development Services Department prior to installation of sign(s). All landscaping shall be maintained in a healthy and attractive condition. Landscaped areas shall be irrigated by an appropriate underground irrigation system. Exterior lighting fixtures must be designed and located so as to prevent glare or direct light from falling onto adjoining properties or streets. Any future division of this parcel into individual lots or parcels, for the purpose of selling the separate lots to individual owners, will be required to comply with all provisions of Boise City Code Title 9, Chapter 20, including lot frontage on a public or approved private street, and all requirements for preliminary and final platting. Construction, use and property development shall be in conformance with all applicable requirements of the Boise City Code. The applicant shall obtain Building Pennits prior to any work commencing on the property. Specific building construction requirements of the 2000 International Building Code and Uniform Fire Code will apply. However, these provisions are best addressed at Building Permit application. ..,.., :1:).Failure to abide by any condition of this Conditional Use Permit shall be grounds for revocation by the Boise City Planning and Zoning Commission. MOUNTAIN VIEW POWER'ANSWERS STAFF'S FIRST PRODUCTION REQUESTS Attachment to Response Request No. Fina/ March 30, 2005 IIJAII) POWE An IDACORP Company Idaho Power Company 1221 West Idaho Street Boise , Idaho 83702 REQUEST FOR PROPOSALS Peaking Resource RFP Issue Date-March 30, 2005 Pre-Bid Conference-Apri121 , 2005 Mountain Home, Idaho Notice ofIntent Due-May 5, 2005 Proposals Due-June 2, 2005 RFP Website www.idahopower. co m/a bo u tu s/bu sin ess/r/jJ/ Fina/ March 30, 2005 Table of Contents Scope of Request ......................................................................................... Alternative I-Evander Andrews Power Complex.............................................. Alternative II-Bennett Mountain Power Plant................................................... 2 Alternative III...................................................................................................... General Information ........................................................................................... 0 RFP Website and Communication ................................................................ 0 RFP Schedule............................................................................................... 7 General Proposal Guidelines ........................................................................ Instructions for Submitting a NOI....................................................................... Instructions for Submitting a Proposal............................................................... 9 Confidentiality .................................................................................................. Minimum Credit Requirements......................................................................... Limitation of Liability......................................................................................... General Requirements..................................................................................... Regulatory Provisions ...................................................................................... Environmental and Siting Requirements.......................................................... 14 Reservation of Rights....................................................................................... Performance Assurances................................................................................. 0 RFP Response Instructions ........................................................................ Project Information........................................................................................... Company Information....................................................................................... Detailed Description of Requested Proposal................................................... 19 Proposal Evaluation Procedure.... ................................................................... Non-price attributes.......................................................................................... Evander Andrews Power Complex Site Information ................................... Bennett Mountain Power Plant Site Information.......................................... 25 Transmission and Interconnection Requirements....................................... _--- .DAtI) POWER An IDACORP Company Idaho Power Company Peaking Resource RFP 2005 ----~----- Page i Final March 30, 2005 Transmission Requirements and Constraints.................................................. 27 Resource Information Requirements ............................................................... Transmission and Generation Interconnection Requirements ......................... Electrical Transmission Pricing Information ................................................. .... About Idaho Power Company..................................................................... 10.Turnkey Pricing Schedule ......................................................................... 11.Notice of Intent to Bid Form (NOI)............................................................. 35 Idaho Power Company Peaking Resource RFP 2005 Page iiJ IDAHO POWER An IDACORP Company Final March 3D, 2005 Scope of Request Idaho Power Company (IPC) is seeking to acquire peaking electric generating resources on a turnkey basis to expand its generation portfolio. IPC issues this Request for Proposals (RFP) to solicit and screen, for subsequent contract negotiations, competitive proposals that will offer exceptional value to IPC and its customers. By responding, Respondents are bound by the terms and conditions of this RFP. IPC will not accept proposals from affiliates or subsidiaries of IDA CORP. Idaho Power Company identified a need for peaking resource electric generation in the Idaho Power Company 2004 Integrated Resource Plan (IRP). Specifically, the 2004 IRP indicated that Idaho Power Company would issue an RFP for 88 MW of peaking resource. Summary details of this RFP are: PRODUCT A turnkey electric generation resource located within Idaho Power Company s service territory to meet peak energy demands. Upon its completion, legal title of the generating resource will be conveyed to Idaho Power Company. Power purchase agreements where legal title of the generating facilities is not conveyed will not be considered in this RFP. QUANTITY Idaho Power Company anticipates acquiring 88 MW of delivered capacity under summer conditions (900F; 20% relative humidity) at the elevation of the site identified in the proposal. Based on present market conditions of combustion turbines, IPC will consider acquiring resources from 80 MW to 200 MW. TERM Provisional Acceptance of the peaking resource must commence no later than April 1 2007. The primary need for this resource is to provide electricity during peak energy requirements for the Treasure Valley load center. Idaho Power Company invites Respondents to offer proposals to locate turnkey generating facilities in the locations described below. Alternative I-Evander Andrews Power Complex Idaho Power Company owns and operates the Evander Andrews Power Complex located at Mountain Home, Idaho. The power plant has two simple cycle Siemens Westinghouse W251B 12A natural gas combustion turbines located on a 40-acre site. These turbines have a nominal rating of 42 MW each at 900F and 20% relative humidity at an elevation of 3 112 feet above sea level. The power plant consists of an existing control room and warehouse. Expansion of the existing control room will be required and is the responsibility of the Respondent. Any expansion of the warehouse will be IPC responsibility. Specific site information is included in Section 6. a!~~R Idaho Power Company Peaking Resource RFP 2005 Page of36 Final March 3D, 2005 Alternative II-Bennett Mountain Power Plant Idaho Power Company owns and operates the Bennett Mountain Power Plant located at Mountain Home, Idaho. The power plant has one simple cycle Siemens Westinghouse 501FD3 natural gas combustion turbine located on an 8-acre site leased in the City Mountain Home Industrial Park. This turbine has a nominal capacity of 162 MW at 90o and 20% relative humidity at an elevation of 3 275 feet above sea level. The power plant consists of an existing control room and warehouse. The warehouse and control room are adequate size and do not require expansion. Specific site and technical information is included in Section 7. Alternative III Idaho Power Company invites Respondents to make proposals for a site of their choosing. Idaho Power Company is very interested in reviewing proposals that can provide electric capacity to the Treasure Valley load center. The generating facility must be located on land owned or under option by the Respondent with all environmental attributes, land rights, water rights, permits, and other licenses capable of being assigned , purchased by, or otherwise transferred to Idaho Power Company. All land leases permits, and licenses are subject to Idaho Power Company approval and must be in adequate form and for an adequate term (at least the life of the asset). The generating facility must be designed and constructed in conformance with the all Federal Energy Regulatory Commission (FERC) , Western Electricity Coordinating Council (WECC), Idaho Public Utility Commission (IPUC), Idaho Department of Transportation (IDOT), Idaho Department of Environmental Quality (IDEQ), Environmental Protection Agency (EP A) and other applicable regulatory reliability agreements, procedures, protocols, tariffs and standards. General Information The general scope of the proposal will include engineering, procurement, and construction for all the facilities, starting at the gas supply flange at the project boundary and ending at the high side bushing of the generator step up transformer (GSU) (please review additional requirements for Alternative III proposals below), necessary to supply a fully operational electric generating project. The proposal should include the required natural gas supply volume (mmbtulhour) and minimum pressure (psig.) at the boundary. If gas compression is required for normal facility operation please include cost. For Alternative I and II, the Respondent is responsible for all construction permits and IPC will provide the air permit. For Alternative III, the respondent is responsible for all permits. For Alternative III, the proposed electric transmission system improvements for both the interconnection and network upgrades should be described. Any environmental assessment and permitting work that has been completed for the proposed electric transmission system improvements should be described in the proposal. Completed La!~~Idaho Power Company Peaking Resource RFP 2005 Page of 36 i Final March 30, 2005 environmental and permitting work for electric transmission improvements will be viewed favorably. However, IPC will be responsible for developing gas and electrical transmission to the proposed development for all Alternatives. The generating facility and transmission interconnection will be designed and constructed in conformance with the all FERC WECC, IPUC, IDOT, EP and other applicable regulatory reliability agreements procedures, protocols, tariffs and standards. The estimated cost of gas and electrical transmission improvements will be included in the overall proposal evaluation. Idaho Power Company Peaking Resource RFP 2005 Page of DAHO POWER An IDACORP Company Final March 30, 2005 This page left blank intentionally. DAHO POWER An IDACORP Company ...__. Idaho Power Company Peaking Resource RFP 2005 Page of 36 Final March 30, 2005 RFP Website and Communication The RFP and all subsequent revisions are available for download from the RFP Web site. The website address is: www.idahopower.com/aboutus/business/rfp/ Respondents are responsible for accessing the RFP Web site for updated schedules and possible amendments to the RFP or the solicitation process. The RFP Website contains a restricted area. The restricted area, which may only be accessed with a user ID and password, contains a Question and Answer forum and other information. Respondents must have access to the restricted area to submit RFP-related questions and upload electronic offers. Register online at www.idahopower.com/aboutusibusiness/rfp/ by following the "Peaking Resource 2005" links. The information listed below is required of Respondents in order to register and obtain a user ID and password to access the site. The Respondents must register prior to the Notice ofIntent (NOI) date shown in Section 3.0. User accounts for potential Respondents who have not submitted an NOI will be deleted after the NOI due date: 1. Name of Company 2. Company Address 3. Contact Information: a. Name b. Phone number c. Fax number d. E-mail address Instructions regarding access and use of the RFP Web site will be sent to the Respondent's e-mail address. All questions or other communications regarding this RFP must be submitted via the Restricted Area of the RFP Website by the deadline specified in Section 3.0 RFP Schedule. Idaho Power Company will not accept questions or comments in any other form, except during the pre-bid conference. IDAHO POWER An IDACORP Company Idaho Power Company Peaking Resource RFP 2005 Page of 36 Fina/ March 30, 2005 This page left blank intentionally. IDAHO POWER An IDACORP Company Idaho Power Company! Peaking Resource RFP 2005 Page 60(36! --.-. Final March 30, 2005 RFP Schedule RFP Issue Date March 30, 2005 Pre-Bid Conference Apri121, 2005 1:30 PM Mountain Time Evander Andrews Power Complex 1462 Mashburn Rd Mountain Home, Idaho 83647 Notice of Intent to Bid Due (NOI)May 5, 2005 4:00 PM Mountain Time Question and Answer Period Closes May 2005 4:00 PM Mountain Time (Questions must be received in writing) Proposals Due June 2005 4:00 PM Mountain Time Short-List Notification July 2005 Identify Successful Bidder August 2005 Complete Negotiations September 2005 Idaho PUC Filing October 2005 Commence Energy Delivery Provisional Acceptance April 2007 Respondents are strongly encouraged to attend the pre-bid conference. Pre-bid conference participants will be required to sign in with Idaho Power Company. A list of pre-bid conference participants will be provided on the RFP Website. The schedule and deadlines shown above apply to this RFP. Idaho Power Company reserves the right to revise the RFP schedule at any time. Respondents are responsible for accessing the RFP Website for updated schedules and possible amendments to the RFP or the solicitation process. DAltO POWE An IDACORP Company Idaho Power Company Peaking Resource RFP 2005 .------------- Page of 36 i Final March 30 2005 This page left blank intentionally. IIWtO POWER An IDACORP Company Idaho Power Company Peaking Resource RFP 2005 Page of361 --._-~_._. Final March 30, 2005 General Proposal Guidelines Instructions for Submitting a NOI All Respondents must submit a written Notice Of Intent To Bid Form (NOI-please see Section 11 of this RFP). An electronic version of the Notice Of Intent To Bid Form located at: http://www.idahopower.com/aboutusibusiness/rfp/. A completed form must be submitted by Respondents who desire access to the website Question and Answer forum. Please submit the NOI to the Idaho Power Company RFP Contact by confirmed e-mail confirmed facsimile, Certified Mail, Return Receipt Requested, or overnight courier by date shown in Section 3.0. It is the responsibility of the Respondent to insure and confirm receipt of the NOI by the Idaho Power Company Contact. Voice telephone notices will not be acknowledged. Proposals received from Respondents who have not made a timely submission of an NOI will be returned unopened. Respondents must indicate on the NOI if they are interested in receiving information packets about the Evanders Andrews Power Complex or Bennett Mountain Power Plant. Information packets will be sent via (FedEx, etc.) to the name and address shown on the NOr. Instructions for Submitting a Proposal Respondents should, at the time of proposal submittal, supply any additional information not requested in this RFP if such information may be needed for a thorough understanding or evaluation of the proposal. All responses will be considered commitments to be used in defining any agreement between Idaho Power Company and the Respondent that may arise from this RFP. A signed printed original, seven (7) printed copies and one (1) electronic copy of the proposal including all attachments, must be submitted. In the event of a discrepancy between the electronic forms and the printed copy, the printed copy will be considered to be correct. A duly authorized officer of the Respondent must sign and date the proposal. All proposals, including all attachments, must be properly completed and submitted by overnight courier or Registered or Certified Mail, Return Receipt Requested, in both hard copy and electronic versions, to Idaho Power Company s RFP Contact: Idaho Power Company! Peaking Resource RFP 20051 Page of36 IDAHO POWER An IDACORP Company -- - Fina/ March 30, 2005 RE: Peaking Resource RFP 2005 F. Gregory Hall Idaho Power Company 1221 West Idaho Street Boise, Idaho 83702 Phone: (208) 388-2506 Fax: (208) 388-6689 Mail: PeakingResourceRFP2005~IdahoPower.com All proposals must be received by the Idaho Power Company RFP contact no later than the time and date shown in Section 3.0. Late proposals will be returned unopened. Incomplete proposals may be summarily eliminated at IPC discretion. Proposals will remain binding on Respondents through the completion of negotiations and contract execution. All inquiries and other communications relating in any manner to this RFP must be directed in writing or by facsimile or e-mail to Idaho Power Company s RFP Contact, or posted on Idaho Power Company s RFP web site Question and Answer forum at: http://www.idahopower.com/aboutusibusiness/rfp/. Idaho Power Company may distribute Respondent's questions and Idaho Power Company s answers to such questions to all other Respondents if Idaho Power Company deems the question to be of general interest. Unsolicited contact about the RFP process with other Idaho Power Company personnel or attorneys or consultants retained by Idaho Power Company may result in disqualification. Complete information is needed to facilitate a timely evaluation. Idaho Power Company may request clarifying or additional information at any time during the evaluation process. Respondent will be expected to provide timely responses to facilitate the evaluation and decision-making process within the time constraints. Respondents must provide all data requested in the RFP and the applicable attachments. Idaho Power Company may eliminate non-specific offers from further consideration. Proposals must include all construction and other costs for the generation resource that Idaho Power Company would be expected to pay. Dollar figures quoted must be clearly stated in US. dollars as nominal for the year in which the costs occur. For non-nominal amounts, the appropriate year for the stated dollars must be identified along with the applicable escalation rates to be used for subsequent years. None of the materials timely received, as part ofa proposal will be returned. All materials and proposals submitted will become the property of Idaho Power Company and will be used by Idaho Power Company for proposal evaluation. ~!~o Idaho Power Company Peaking Resource RFP 2005 Page 10 of 36 i Final March 30, 2005 Confidentiality Idaho Power Company will take reasonable precautions and use reasonable efforts to protect any proprietary and confidential information contained in a proposal provided that such information is clearly identified by Respondent as "Proprietary and Confidential" on the header section of the page on which proprietary and confidential information appears. Such information may be made available under applicable state or federal law to regulatory commission(s), their staff(s), or other governmental agencies having an interest in these matters. Idaho Power Company also reserves the right to release such information to its agents or consultants for the purpose of evaluating Respondent' proposal but such agents or consultants will be required to observe the same care with respect to disclosure as Idaho Power Company. Under no circumstances will Idaho Power Company or IDACORP, Inc. or their agents or contractors be liable for any damages resulting from any disclosure during or after the solicitation process. Respondents are advised that proposals are likely to be the subject matter of discovery in regulatory proceedings. Discovery in these cases is routinely restricted by confidentiality agreements and standard protective orders issued by the regulatory agency. Minimum Credit Requirements Respondent or Guarantor of Respondent must be able to financially secure the project and contract. It is the responsibility of the Respondent or Guarantor of Respondent to demonstrate financial security to the satisfaction of Idaho Power Company. Idaho Power Company suggests that Respondent or Guarantor of Respondent possess a senior unsecured debt rating, issued or reaffirmed within the last 12 months, equivalent to no less than BBB- from Standard & Poor s or Baa3 from Moody s at the time of proposal. The Respondent must be able to provide audited year-end financial statements for all specific entities proposing to contract with Idaho Power Company and any guarantor(s) within 120 days following the end of each fiscal year. The Respondent must be able to provide satisfactory performance assurances in the event Idaho Power Company believes Respondent's ability to perform or creditworthiness has become unacceptable. The Respondent must be willing to grant a present and continuing security interest in any performance assurances or cash equivalent collateral. Limitation of Liability Neither Idaho Power Company nor its employees, directors, shareholders representatives, agents, consultants, affiliate companies, or parent company shall be liable for any expenses Respondent incurs in connection with preparation of a response to this RFP or for any costs, fees, or lost or foregone profits of unsuccessful proposals. Idaho Power Company will not reimburse Respondents for their expenses under any circumstances, regardless of whether the RFP process proceeds to a successful conclusion or is abandoned by Idaho Power Company at its sole discretion. Idaho Power Company Peaking Resource RFP 2005 Page 11 of36 ------.J IDAHO POWER An IDACORP Company Final March 30, 2005 General Requirements To meet the need of 88 MW of capacity and related energy, IPC will accept bids for a turnkey electric generation resource within the IPC's service territory. Based on present market conditions of combustion turbines, IPC will consider proposals from 80 MW to 200 MW. Proposals of less than 80 MW may be combined at the discretion of IPC with other proposals to accumulate the necessary capacity. Capacity and energy offered in excess of the requested amount will be considered, but the value of any surplus will be determined at IPC's sole discretion. 1. Only new Original Equipment Manufacturer (OEM) machinery will be accepted. 2. Combustion turbine technology preferred. However, all proposals will be evaluated on their merits and value that they may provide. 3. The plant design life shall be 30 years. 4. The quality, level of redundancy, type and functionality of the equipment and facilities shall be similar to those at Evander Andrews Power Complex and Bennett Mountain Power Plant. These items include but are not limited to: a. Surfacing materials b. Operations and maintenance access c. Compressed air distribution and stations d. Roads/markings/signage e. Conduit and terminal block spares f. Fire protection and detection g. Construction materials h. Drainage and grading i. Fencing j. Landscaping k. Local utilities 1. Lighting 5. For Alternatives I and II, the operating control system shall be located in the existing control room and have remote capability at the operating unit. For Alternative III, the control system shall be located in a new control room and have remote capability at the operating unit. For all Alternatives, the control system shall include redundancy to protect data loss. All Alternatives are required to provide and install a Continuous Emissions Monitoring System (CEMS) for NOx and CO that will be compatible with existing systems. Air Pollution Instrumentation (API) provided the existing emission analyzers for NOx and CO Idaho Power Company Peaking Resource RFP 2005 Page 12 of 36 DAHO POWE An IDACORP Company Final March 30, 2005 and Servomex provided the Oxygen analyzer. The existing Data Acquisition Handling System is by General Electric - KVB Enertec. 6. Include a natural gas dew point heater that is sized for proposed generation. 7. Include start up spares to operate the generation resource for one year. 8. Redundancy of critical operating equipment (lube oil pumps, vapor extractors miscellaneous motors) is preferred. 9. The electric generation resource must meet all Western Electricity Coordinating Council Reliability Management System requirements including required generator testing. All associated costs of the initial tests are the responsibility of the Respondent. 10. Any proposed generation must have synchronous generators and automatic voltage control with at least a 95 percent power factor capability and a power system stabilizer. 11. For Alternative III proposals, the Respondent must demonstrate their ability to obtain both the necessary land use permits and any required air quality and water consumption and discharge permits. 12. The proposal shall include operation and maintenance training for 8 operators. 13. Provisional Acceptance of the facility must be no later than shown in Section 3. 14. Respondent's proposal must provide a milestone schedule that identifies key dates including, but not limited to, dates for regulatory approvals, finalization of transmission and interconnection agreements (where applicable), pre-construction milestones, and construction milestones, along with terms for default or delay. 15. Respondent must provide an experience listing of prior proj ect development and operation activities with project-specific information similar to what is proposed. list including names and telephone numbers of persons familiar with Respondent's performance for previous customers is required. Regulatory Provisions Any negotiated contract between Idaho Power Company and the Respondent will be conditioned upon approval or acceptance without substantial change by any and all regulatory authorities that have, or claim to have, jurisdiction over any or all of the subject matter of this solicitation, including, without limitation, the Idaho Public Utilities Commission. A Respondent whose proposal is selected must take all necessary actions to satisfy any and all regulatory requirements including, but not limited to, all licenses and permits Idaho PowerCompany! Peaking Resource RFP 2005 Page 13 of 36 I----.J II1IUtO POWE R An IDACORP Company Fina/ March 30, 2005 (excluding air permit for Alternative I and II) that may be imposed on the Respondent by any federal, state, or local law, or ordinance, rule, or regulation concerning the resource siting and facility construction. Idaho Power Company will cooperate with Respondent to provide information or such other assistance as may reasonably be necessary for Respondent to satisfy such regulatory requirements. Respondent must likewise fully support all of Idaho Power Company s regulatory requirements associated with this potential power supply arrangement. Environmental and Siting Requirements The Respondent is exclusively and entirely responsible for meeting and satisfying all federal, state, and local permits, licenses, approvals, and/or variances that are required to assure physical delivery of capacity and associated energy (unless otherwise stated). Projects that provide advantageous siting, demonstrated community acceptance completed environmental analysis, completed archaeological analysis, and completed permitting may be viewed favorably in the selection process. Reservation of Rights Idaho Power Company reserves the right, without qualification and in its sole discretion to accept or reject any or all proposals for any reason without explanation to the Respondent. Furthermore, Idaho Power Company reserves the right, without qualification and in its sole discretion, to make the award to that Respondent, who, in the opinion of Idaho Power Company, will provide the most value to Idaho Power Company and its customers. Idaho Power Company will consider both price and non-price attributes in the evaluation of proposals (please see Section 5.RFP Response Instructions). Idaho Power Company reserves the right to make an award to other than the lowest price offer or to the proposal evidencing the greatest technical ability if Idaho Power Company determines, in its sole discretion, that to do so would result in the greatest value to Idaho Power Company and its customers. Idaho Power Company may make an award of contract without further discussion at any time in the RFP process. Idaho Power Company reserves the right to reject any, all or portions of the proposals received for failure to meet any criteria set forth in this RFP. Idaho Power Company makes no guarantee that a contract award will result from this RFP. Idaho Power Company may decline to enter into an arrangement with any or all Respondents and Idaho Power Company may abandon the RFP process in its entirety at any time and at its sole discretion. Idaho Power Company reserves the right to revise the capacity needs forecast at any point during the RFP process or during negotiations and any such change may reduce, eliminate or increase the amount of energy sought. Idaho Power Company reserves the right to revise or terminate the RFP process at any time. Idaho Power reserves the right to revise the RFP quantity. During all stages of the RFP process, Idaho Power Company reserves the right to request additional information from individual Respondents or to request all Respondents to submit supplemental materials in fulfillment of the content requirements of this RFP or to meet additional information needs. Idaho Power Company also reserves the unilateral lDAHO POWER An IDACORP Company Idaho Power Company Peaking Resource RFP 2005 Page 140(36 Final March 30, 2005 right to waive any technical or format requirements contained in the RFP. Idaho Power Company will review and may utilize all information submitted by a Respondent that is not specifically requested as a part of this Request for Proposals. Those who submit proposals do so without recourse against Idaho Power Company, IDACORP, Inc., or any ofIDACORP, Inc.'s subsidiary companies , agents, or consultants for either rejection of their proposal or proposals or for failure to execute an agreement for any reason. All offers shall be valid and binding upon the Respondent through contract negotiations and contract execution. Performance Assurances Idaho Power Company will rely on this RFP to meet the near-term incremental electric needs for its customers with low cost, dependable and reliable electric service. As a result, the resource must be in commercial operation with a demonstrated high degree of operating availability on April 1 , 2007. Substantial delay liquidated damages will be included in the negotiated agreement for failure to meet this commercial operation date. Following April 1 2007, the purchased resource(s) must be guaranteed to operate at an availability of97% during non-planned outages and stringent availability liquidated damages provisions will be required in any negotiated agreement. The resource( s ) will be required to meet the appropriate proposed performance guarantees (i., output, heat rate) or to pay performance liquidated damages. Financial responsibility assurances will also be required of the Respondent and the availability of such should be addressed in detail in Respondent's proposal. Other construction quality controls (such as retainer withholding costs) may also be applied to the selected project. IPC may require Respondents selected for the short-list to provide a bid bond or other financial assurance to provide negotiation security prior to commencing final contract negotiations. Idaho Power Company Peaking Resource RFP 2005 Page of 36 I IDAHO POWER An IDACORP Company IEWtO POWER An IDACORP Company Final March 30, 2005 This page left blank intentionally. Idaho Power Company Peaking Resource RFP 2005 Page 16 of 36 I Final March 30, 2005 RFP Response Instructions Project Information Offers must contain adequate detail to allow Idaho Power Company to evaluate the merits and credibility of the proposed resources. All offers submitted in response to this RFP must contain, at a minimum, the following (additional information requirements are outlined in Sections 4., 7., and 8.0 of this RFP): 1. Completed Notice ofIntent to Bid form (Section 11) 2. Name of Company, Address, and Company Representative (name, phone number and email address) 3. Type of Offer (Alternative I, Alternative II, or Alternative III). A separate proposal is required for each alternative selected. 4. Description of whether or not this capacity has been offered in another RFP or is in any other way obligated or may be obligated to others, and under what conditions the capacity would be released to serve the proposed sale to Idaho Power Company. 5. For Alternative III, provide project location, the merits of selected site, proposed land rights, easements, and all regulatory and permitting issues. 6. Completed Table 3- Turnkey Pricing Schedule as listed in Section 10. Provide a firm lump sum price for each of the items listed in the table. The sum of the costs shall equal the total lump sum turnkey price for the Project. It is understood that the Respondent is only offering the turnkey scope as priced in item Number 16 in the table and that the itemized prices may not apply for individually selected services. Price is to be valid for 180 days. 7. Proposed payment schedule. 8. Description of all of major components (generating units and balance of plant equipment), including the number of units, manufacturer, model numbers, and site layout showing the location of the turbines and other major facilities. 9. Description of any security or credit instruments proposed by the Respondent to back its performance obligation. 10. List summarizing parts, sections and elements of the offer that are confidential or proprietary. Respondents offering the same capacity and/or energy from one resource or project to multiple solicitations are hereby advised that, if Idaho Power Company notifies a Respondent that its offer is being short-listed, the short-listed Respondent is encouraged IDAHOPOWER An IDACORP company Idaho Power Company Peaking Resource RFP 2005 Page 17 of 361 ---- ------------~-~--- Final March 30, 2005 to withdraw the offer from all other solicitations or risk being removed from the short list. The short-listed Respondent can confirm such withdrawal by submitting to Idaho Power Company a copy of the written correspondence sent to all other solicitations pertaining to such withdrawal while granting Idaho Power Company permission to contact the other solicitors to confirm the withdrawal. In lieu of withdrawing the offer from all other solicitations, the Respondent may provide Idaho Power, as Obligee, with either a Bid/Proposal Bond or an Irrevocable Standby Letter of Credit in the amount of $20 000.00. If the bid security is a bond, a surety insurer authorized to issue surety bonds in the State of Idaho shall execute the bond. If a Letter of Credit is used, both the form of the letter and the issuing bank must be acceptable to Idaho Power Company. Company Information Please provide the following information for your company: 1. Corporate profile and Respondent's experience developing similar projects 2. List other projects of a similar nature and technology developed by Respondent that are currently in operation. List shall include plant name, equipment rating, equipment manufacturer and model number, equipment quantity, owner name plant location, contact person with phone number and other pertinent information. 3. Annual reports, Form 10Ks, and Form 8Ks (if filed) for the past 3 years. If these documents are not readily available, then please provide the audited financial statements for the past 3 years 4. It is the responsibility of the Respondent and Guarantor of Respondent demonstrate financial security to the satisfaction of Idaho Power Company. Idaho Power Company suggests that the Respondent include the Dunn and Bradstreet identification number credit rating of the Respondent's and Guarantor s senior debt securities as well as the current credit ratings for the entity proposing to contract with Idaho Power Company and the parent company of that entity (i. S&P / Moody s / Fitch credit ratings). Additional documentation may be provided that allows Idaho Power Company to determine the Respondent's financial strength. 5. Ten-year summary of the litigation activity related to: a. Provision of energy products and services (fuel, power, ancillary services engineering, on-site services), b. Lease option arrangements for assets c. Purchases of energy products and services (as above), d. Industrial construction projects (power plants industrial plants cogeneration facilities, etc. Idaho Power Company Peaking Resource RFP 2005 Page 18 of 36 i IDAHO POWER An IDACORP Company Final March 3D, 2005 Detailed Description of Requested Proposal 1. Provide seasonal unit ratings (MW, MV AR, MV A) of each generating unit proposed, based on the ambient condition assumptions, 20% relative humidity, site elevation and barometric pressure during winter (200P), summer (900P), and ISO (59OP). 2. Describe part load operation and provide maximum and minimum operating levels and corresponding net heat rates in BtuIkWh, on a lower heating value (LHV) basis. Also, provide anticipated net heat rates (LHV) during winter (200P), summer (900P), and ISO (59OP). 3. Provide ramp rate(s) (including fuel consumption) for start up and shut down. 4. Provide start up time from cold start and hot start. 5. Provide start up time for quick start capability, if any. 6. Provide thermal performance guarantee for base load net capacity and net heat rate (LHV) at: a. Site elevation and barometric pressure b. Inlet air temperature at 90o c. 20% relative humidity 7. Provide emissions guarantee of Nitrogen Oxides and Carbon Monoxide at: a. 70% to 100% base load b. -200P to 90oP Ambient Conditions c. At 15% Oxygen 8. Provide acoustics guarantee (no more than 58 db at 700 feet from the equipment envelope). 9. Identify any power augmentation methods used to achieve performance guarantee (evaporative cooling is preferred). 10. Provide reliability information of proposed technology. Include description of any redundancy that improves reliability. 11. Describe generator, power factor, and power system stabilizer. 12. Provide a generator capability curve. 13. Provide generator step up transformer output voltage. IDAHO POWER An IDACORP company Idaho Power Company Peaking Resource RFP 2005 Page 19 of 361 Final March 30 2005 14. Describe how the generation resource will meet all Western Electricity Coordinating Council Reliability Management requirements including generator testing. 15. Provide equivalent forced outage rates. 16. Provide fuel supply requirements-minimum and maximum operating pressure (psig) and volume (lbslhr) at base load (for summer and winter conditions). Include information about any gas compression equipment, if any. 17. Provide fuel specifications requirements for summer and winter operations. 18. Provide start up energy requirements. 19. Provide auxiliary power requirements. 20. Describe any other limit on use or availability of resource s output, if any. 21. Provide description of operating control system. Include type of control system benefits, redundancy information, location, and number of terminals. 22. Provide information of dew point heater. Include sizing information. 23. Provide information of gas compressor (if any). Include sizing information. 24. Provide Original Equipment Manufacturer (OEM) recommend spare parts list for pricing valid until Dec. 31 , 2007. 25. Provide number of stacks and stack height. 26. Provide OEM recommended service maintenance intervals and maintenance requirements for major components. 27. Provide proposed start up spares for one-year operation of equipment. 28. Provide water usage and discharge rates with detailed water supply plan and disposal plan. 29. Provide water quality specifications. 30. Describe proposed roads including surface materials. 31. Describe access for operations and maintenance. 32. Describe compressed air distribution. 33. Describe proposed lighting, fencing and fire protection.ii~~ l--= Idaho Power Company! Peaking Resource RFP 2005 Page 20 of 36 I Final March 30, 2005 34. Provide overall Level l project and construction schedule (include major milestones such as completion of permitting, financing, regulatory requirements major construction, testing, on line date, etc. 35. Describe the plant design life. 36. Describe proposed training. 37. For Alternative III, provide a thorough description of anticipated environmental impact, environmental permitting requirements, and actions for compliance and include all milestones and dates. Proposal Evaluation Procedure IPC will evaluate proposals and select proposals, if any, which provide the most value to IPC and its customers. IPC reserves the right to evaluate the proposals in a manner that ultimately produces the most competitive responses from which to begin negotiations. Proposals may be combined with other proposals. IPC will determine at its sole discretion the value of any and/or all proposals. Information provided from each Respondent by the proposal due date will be used to develop a short-list of proposals from which selection(s) could be made for direct negotiations. No additional information will be accepted after the proposal due date except for clarifications requested by IPC and possible transmission study results. IPC will evaluate the proposals in terms of price and non-price attributes. IPC will perform an initial screening evaluation to identify and eliminate any proposals that are not responsive to the RFP, do not meet the minimum requirements set forth in the RFP, are clearly not economically competitive with other proposals, or are submitted by Respondents that lack appropriate creditworthiness or sufficient financial resources or experience qualifications to provide dependable and reliable service. The proposals that pass the initial screening evaluation will be further evaluated based on economic and quantitative analysis and consideration of non-price attributes. A selection of the best proposals will be chosen as a short-list for negotiations. Short-listed proposals will compete with each other before IPC makes any final decision. Non-price attributes As noted earlier, the most desirable proposals will be proposals that offer exceptional value to IPC and its customers. Proposals that positively address the following value- adding characteristics will enhance their chance of success. This list of attributes is not intended to be all-inclusive nor is this list in any specific order. Other innovative and cost effective offerings that provide value to IPC and its customers may be viewed favorably. 1. Guarantee to deliver completed generating facility by date shown in Section 3. 2. Offer a fixed price to purchase the generating asset; lDAHO POWER An IDACORP Company Idaho Power Company; Peaking Resource RFP 2005 Page 21 0(36 Final March 30, 2005 3. Offer greater supplier performance assurances through parent guarantees securities, deposits, or other means; 4. Offer guaranteed net heat rates and include fuel specifications and requirements and any other information that would be required to evaluate the offer; 5. Provide Respondent's qualifications and experience, for example, a listing of prior project development and operation activities with project-specific information concerning performance of other proj ects developed. A list including names and telephone numbers of persons familiar with Respondent's performance for previous customers would be viewed favorably; 6. Offer delivery assurances, for example, proposals for a guaranteed equivalent forced outage rate would be viewed favorably; 7. Provide an advantageous project location considering: grid location, zoning, community acceptance, use of existing IPC operation and maintenance personnel local water supply and other environmental impacts; and 8. Demonstrate enhancement of IPC system reliability, integrity, and utilization through application of mature technologies. IDAHO POWER An IDACORP Company Idaho Power Company: Peaking Resource RFP 2005 Page 22 of 36 I Fina/ March 30, 2005 Evander Andrews Power Complex Site Information Address Current Configuration entation Gas Supply Water Su Clean Water Disposal Fire Protection Air Permit Dew Point Heater Warehouse Control Room Noise Requirement for local ordinance Transmission Closest permanent occu ied dwelling Substation Table 1 1462 Mashburn Rd., Mountain Home, Elmore Coun , Idaho 2 ea. Siemens Westinghouse W251B12A Natural Gas Turbines-Simple Cycle-nominal 45 MW each (ISO Conditions) 112 feet above sea level Eva orative coolin at each turbine intake 40 acres owned b IPC-Fenced; Landsca ed 70 feet with sound bafflin Existing 16-inch diameter. Approx. 4 000 ft lateral line from Williams Pipeline (mode pressure 530 psig) Current su I flow is a rox. 1 000 mmbtu/hr Site well with existing water rights Septic system for domestic sanitary sewer. Existing storage pond with direct land application for evaporative cooler discharge. Respondents may use storage pond for clean water dis osal for eva orative cooler for new unit s . Existing 30 000-gallon storage tank. Storage tank is sized for existin e ui ment onl . Existing Permit to Construct Synthetic Minor-IPC will rovide air ermit. Existing natural gas dew point heater is sized for existing units only. Please plan for an additional dew point heater properly sized for ro osal. An ex ansion of warehouse will be A 28 ft X 36 ft ex ansion is re uired 58 dba at 700 ft from equipment envelope Existin 138 KV line 000 ft. Sized onl IDAHO POWER An IDACORP Company Idaho Power Company. Peaking Resource RFP 20051 Page 23 of 36 ! Final March 30, 2005 This page left blank intentionally. IDAHO POWER An IDACORP Company --- Idaho Power Company! Peaking Resource RFP 2005 Page 24 of 36 i Final March 30, 2005 Bennett Mountain Power Plant Site Information Address Current Configuration entation Gas Supply Water Supply Clean Water Disposal Fire Protection Air Permit Dew Point Heater Warehouse Control Room Noise Requirement for local ordinance Transmission Closest permanent occu ied dwellin Substation Table 2 2750 NE Industrial Way, Mountain Home, Elmore County, Idaho 1 ea. Siemens Westinghouse W501FD3 Natural Gas Turbine-Sim Ie C cle-nominal175 MW ISO Conditions 275 feet above sea level Eva orative coo1in at turbine intake 8 acres leased b IPC-Fenced; no landsca in 60 feet with sound bafflin Existing 12-inch diameter, approx. 3 200 ft lateral line ttom Williams Pipeline. (mode pressure 530 psig) Current su 1y flow is a rox. 1 900 mmbtu/hr Provided by the City of Mountain Home and sized only for existing unit. City sanitary sewer system for domestic use. Clean water discharge from existing evaporative cooler is undetermined at this time. Provided b the Ci of Mountain Home Existing Permit to Construct Synthetic Minor-IPC will rovide air ermit Existing natural gas dew point heater is sized for existing units only. Please plan for additional dew point heater properly sized for ro osaL An ex ansion of warehouse will be Existin control room is to be used. 58 dba at 700 ft. from equipment envelope Existin 230 KV line 700 ft. Sized onl IDAHO POWER An IDACORP Company Idaho Power Company Peaking Resource RFP 20051 Page 25 of361 IDAHO POWER An IDACORP Company Final March 30, 2005 This page left blank intentionally. Idaho Power Company Peaking Resource RFP 2005 Page 26 of 36 Final March 30, 2005 Transmission and Interconnection Requirements Transmission Requirements and Constraints The IPC transmission system has several constraints, which substantially limit the amount of energy that can be transferred from points "upstream" of the constraints and delivered to the Boise area without the construction of additional transmission capacity. A description of these transmission constraints is contained in IPC's 2004 Integrated Resource Plan (IRP). The estimated costs of the electrical transmission interconnection and network upgrades for each proposal will be considered during the evaluation process. Proposals for Alternatives I or II are not required to include estimated electric transmission improvement costs beyond the generator step-up transformer (GSU) high side bushings. Alternative III proposals are required to include a description of the proposed electrical transmission interconnection and network upgrades, as well as the estimated costs, if any, which are included in the bid price. Respondent will be solely responsible for all transmission analysis associated with the initial bid submittals. Respondent is advised that Alternative III proposals that depend on transfers of energy across the transmission constraints for delivery to the Boise, Idaho area will have an extremely heavy burden to demonstrate to IPC's satisfaction that sufficient transmission capacity can be made available in time to meet the April 1 , 2007 provisional acceptance deadline. Alternative III proposals must include a description of all environmental assessments and permitting activities that have been completed to insure the necessary electric transmission interconnection and network upgrades can be completed by the April 1 2007 provisional acceptance deadline. For those proposals that are selected for short-list evaluation, IPC's Delivery Business Unit may perform appropriate transmission studies for IPC to analyze the integration of the resources proposed. Respondent must include transmission interconnection study costs in its proposal, and break them out separately from other bid prices. The proposal that is ultimately selected must follow the Generator Interconnection Process as outlined in this section of this RFP. New generation proposals must meet all Western Electricity Coordinating Council Reliability Management System requirements. All associated costs are the responsibility of the Respondent. Alternative III proposals must include the information that is necessary to understand and assess the transmission delivery path or paths and the impacts on the Idaho Power Company system from Respondent's proposed generation facility. IDAHO POWER An IDACORP Company -------- Idaho Power Company: Peaking Resource RFP 20051 Page 27 of 36 ! Final March 30, 2005 Resource Information Requirements 1. Alternative III proposals must describe the specific delivery point on the Idaho Power Company Transmission System where the each proposed generation resource is to deliver its output. 2. Alternative III proposals must include a simplified one-line diagram of the proposed interconnection and network upgrades and associated substation configurations. Sufficient information (i., mileages, voltage of equipment conductor size, etc.) must be included to assess adequate system performance. 3. Proposals must meet all Western Electricity Coordinating Council Reliability Management System requirements. 4. The proposed resources must have synchronous generators with automatic voltage control, at least a 95 percent power factor capability, and a power system stabilizer. Transmission and Generation Interconnection Requirements Idaho Power will use the following information, when evaluating transmission impacts of new generation additions proposed by respondents to Requests For Proposals issued by Idaho Power. Two types of Transmission Service are necessary to incorporate new generation on the Idaho Power Company transmission system. Both services are described in, and available under, Idaho power Company s Open Access Transmission Tariff (OATT). 1. The first is the generation interconnection, which is the physical connection necessary to attach the new generation to the transmission network which is offered in two products; Energy Resource Integration Service (ERIS) and Network Resource Integration Service (NRIS) depending upon the level service required. Since Idaho Power is seeking generation capacity to be considered for inclusion as a Network Resource, NRIS would be the desired interconnection product. 2. Network or Point-to-Point transmission refer to the second type of transmission service, which are necessary to move the additional generation over the transmission network from the generator to the designed load. Facility additions necessary to provide Network or Point-to-Point transmission service are generally referred to as network upgrades. Proposal evaluation will consider the total transmission cost including both generation interconnections and network upgrades. All Alternative III proposals will be required to demonstrate that all generation interconnections and network transmission upgrades meet the following criteria: IDAHO POWER An IDACORP Company Idaho Power Company Peaking Resource RFP 2005 Page 28 of Final March 30, 2005 With full production, loss of one network transmission element or circuit must not cause a steady state overload of any remaining transmission network element. Transmission integration designs that enhance reliability will be viewed favorably. Electrical Transmission Pricing Information Proposals should incorporate the following assumptions: 1. The generation resource will be directly connected to the Idaho Power Company transmission system sited within Idaho Power Company Primary Retail Service territory reasonably close to Idaho Power Company s 230 kV transmission systems. 2. Transmission is built to the Project from the main grid system to interconnect to the generator. -+. 10 , .:.:..:. ~(!) To_ ::2: ;:.- SERRA I'AI:IfIC POW! \'::::-:---..----..:""""""'".-.-.--.-.--.--.-_.-.-,-,-,-,""""""'" ""'-'ICORP A H _M- __nom 3. Total transmission cost estimates by zones for both the generation interconnection and network transmission upgrades are listed below. Cost Zone No.1: Boise-Caldwell area $3 to $10 Million Cost Zone No.2: Ontario and Greater Boise Area $15 to $25 Million DAHO POWE An IDACORP Company Idaho Power Company Peaking Resource RFP 2005 Page 29 of Final March 30, 2005 Cost Zone No.3: Between Boise and Midpoint $20 to $40 Million Cost Zone No.4: East of Midpoint $30 to $60 Million 4. Idaho Power Company assumes no liability for over or under estimating project integration costs. Total transmission estimates listed below are for a 170 MW Project. Larger or smaller projects could incur significantly different costs. IDAHO POWER An IDACORP Company Idaho Power Company: Peaking Resource RFP 2005 Page 30 of 36 I Fina/ March 30, 2005 About Idaho Power Company Idaho Power was incorporated in 1916. Idaho Power is involved in the generation, purchase transmission, distribution, and sale of electric energy in a 24 000 square mile area in southern Idaho and eastern Oregon with an estimated population of nearly 895 000. Idaho Power holds franchises in 71 cities in Idaho and 9 cities in eastern Oregon and holds certificates from the respective public utility regulatory authorities to serve all or a portion of 24 counties in Idaho and 3 counties in eastern Oregon. As of Dec. 31 , 2004, Idaho Power supplies electric energy to over 440 000 customers and has approximately 1 800 full-time employees. Idaho Power owns and operates 17 hydroelectric plants; shares ownership in three coal-fired generating plants, owns and operates one combustion turbine plant, and has an additional combustion turbine plant under construction. Idaho Power Company has extensive experience with renewable hydroelectric resources. Idaho Power relies heavily on hydroelectric power for its generating needs and is one of the nation s few investor-owned utilities with a predominantly hydroelectric generating base. Idaho Power customers continue to benefit from some of the lowest electric rates in the US. due to efficient operation ofIdaho Power Company s generation and distribution assets. Idaho Power Company Peaking Resource RFP 2005 Page 31 of36 IDAHO POWER An IDACORP Company Final March 30, 2005 This page left blank intentionally. 1DAHO POWER An IDACORP Company Idaho Power Company Peaking Resource RFP 2005 Page 32 of 36 i Final March 30, 2005 10.Turnkey Pricing Schedule Table 3 Item No.Description Price US$ Permitting All contractor permits for project construction Engineenng All engineering and detailed design as required for the project Site Procurement (Alternative III only) Site Work All site preparation, drainage, roads, paving, etc. Estimated Electrical Connection to the Electrical Grid (Alternative III only) Estimated Gas Supply for project (Alternative III only) Major Generating Component Procurement Electrical Balance of Plant Mechanical Balance of Plant Natural Gas Compression (if any) Instrumentation and Control Start up and Testing Spare Parts Soft Costs Insurance Sales Tax Performance bond Training Other costs Total All Items Idaho Power Company. Peaking Resource RFP 2005 Page 33 of 36 , IDAHO POWER An IDACORP Company Final March 30, 2005 This page left blank intentionally. IDAHO POWER An IDACORP Company Idaho Power Company Peaking Resource RFP 2005 Page 34 of 36 i Final March 30, 2005 11.Notice of Intent to Bid Form (NOI) Idaho Power Company Peaking Resource RFP 2005-Notice ofIntent to Bid Company Name Address City State Zip Company Representative Name Signature Phone Number Fax Number Email Identify Alternative (I, II, or III) Location Equipment Manufacturer and Model (s) Nameplate Capacity Number of Units Heat Rate (LHV) (Per unit) Proposed In-Service Date Please indicate which information packet is desired (Evander Andrews Power Complex or Bennett Mountain Power Complex). Please submit the NO1 to the Idaho Power Company RFP Contact by confirmed e-mail confirmed facsimile, Certified Mail, Return Receipt Requested, or overnight courier by 4:00 PM Mountain Time, May 5, 2005. It is the responsibility of the Respondent to insure and verify receipt of the NOI by the Idaho Power Company Contact. Voice telephone notices will not be acknowledged. Proposals received from Respondents who have not made a timely submission of an NOI will be returned unopened. 1DAHO POWER An IDACORP Company Idaho Power Company Peaking Resource RFP 20051 Page 35 of 361 Final March 30, 2005 This page left blank intentionally. DAHO POWE An IDACORP Company Idaho Power Company Peaking Resource RFP 20051 Page 36 of 36 Page 1 of Steve Bradbury From: Steve Bradbury Sent: Tuesday, June 27, 2006 4:14 PMTo: James Jewett Gimj(Q;/jljenterprisesinc.com) Subject: JLJ Enterprises Jim Here is a director s consent appointing Steve Snead as VP and authorizing him to sign documents for the corporation. Let me know if you have questions. Stephen A. Bradbury Williams Bradbury P. C. 1015 W. Hays Boise, Idaho 83702 Telephone: (208) 344-6633 Facsimile: (208) 344-0077 6/27/2006 CONSENT OF DIRECTORS IN LIEU OF SPECIAL MEETING OF JLJ ENTERPRISES, INC. The undersigned, being the sole director of JLJ Enterprises, Inc., an Idaho corporation, does hereby consent to, adopt and approve in writing the following corporate actions without a meeting, in accordance with the provisions of the Idaho Business Corporation Act: Be it resolved that the Board of Directors do hereby appoint Steve Snead to the position of Vice President of the corporation, to have such powers, duties and authority as set forth in the company s Bylaws, including, in the absence of the President, the authority to execute on behalf of the corporation any contracts loan documents (including but not limited to loan agreements, notes, security instruments and related documentation) and any and all instruments and documents necessary to close the purchase or sale of any real property, including but not limited closing statements, escrow instructions, deeds and similar such instruments. This authorization may be revoked at any time by action of the Board of Directors. Dated this day of June 2006. James L. Jewett, Director Page 6/27/2006 Idaho Power Transmission Assumptions for Network Resource Additions Idaho Power will use the following information, when evaluating transmission impacts of new Network Resource additions proposed by respondents to Requests For Proposals issued by Idaho Power: Transmission and Generation Interconnection Requirements Two types of Transmission Service are necessary to incorporate new generation on the Idaho Power Company transmission system. Both services are described in, and available under, Idaho power Company s Open Access Transmission Tariff (OA TT). The first is the generation interconnection, which is the physical connection necessary to attach the new generation to the transmission network which is offered in two products; Energy Resource Integration Service (ERrS) and Network Resource Integration Service (NRIS) depending upon the level of service required. Since Idaho Power is seeking generation capacity to be considered for inclusion as a Network Resource, NRIS would be the desired interconnection product. Network or Point-to-Point transmission refer to the second type of transmission service, which are necessary to move the additional generation over the transmission network from the generator to the designated load. Facility additions necessary to provide Network or Point-to-Point transmission service are generally referred to as network upgrades. Proposal evaluation will consider the total transmission cost including both generation interconnections and network upgrades. Respondent will be required to demonstrate that all generation interconnections and network transmission upgrades meet the following criteria: With full production, loss of one network transmission element or circuit must not cause a steady state overload of any remaining transmission network element. Transmission integration designs that enhance reliability will be viewed favorably. Area Reserve Requirements As a result of Idaho Power Company s planning and reserve requirements, any generation proposals that could result in any single contingency resulting in the loss of more than 330 MW of generation resource will have to identify the location of the replacement generation reserves. In some instances, the location of those reserves may be impacted by ATC availability. Ancillary Services For generation that is acquired as a Network Resource, Idaho Power Company will likely supply the following ancillary services for that capacity and energy it acquires: 1. System control: The control-area operator functions that schedule generation and transactions before the fact and that control some generation in real-time to maintain generation/load balance (includes generation/load balance, transmission security, and emergency preparedness) 2. Reactive supply and voltage control from generation: The injection or absorption of reactive power from generators to maintain transmission-system voltages within required ranges 3. Regulation: The use of generation equipped with governors and automatic- generation control to maintain minute-to-minute generation/load balance within the control area to meet NERC control-performance standards 4. Operating reserve (spinning): The provision of generating capacity (usually with governors and automatic-generation control) that is synchronized to the grid and is unloaded that can respond immediately to correct for generation/load imbalances caused by generation and transmission outages and that is fully available within 10 minutes 5. Operating reserve (supplemental): The provision of generating capacity and curtailab1e load used to correct for generation/load imbalances caused by generation and transmission outages and that is fully available within 10 minutes 6. Energy imbalance: The use of generation to correct for hourly mismatches between actual and scheduled transactions between suppliers and their customers Electrical Transmission Pricing Information Network Resource proposals should incorporate the following assumptions: 1. The Network Resource will be directly connected to the Idaho Power Company transmission system sited within Idaho Power Company Primary Retail Service territory reasonably close to Idaho Power Company s 230 kV transmission system. 2. Transmission is built to the Project from the main grid system to interconnect to the generator. 3. Idaho Power Company will retain ownership of the high side facilities at the point of interconnection with the generator. 4. Total transmission cost estimates by zones for both the generation interconnection and network transmission upgrades are listed below. Cost Zone No.Boise-Caldwell area $3 to $10 Million Cost Zone No.Ontario and Greater Boise Area $15 to $25 Million Cost Zone No.Between Boise and Midpoint $20 to $40 Million Cost Zone No.East of Midpoint $30 to $60 Million Idaho Power Company assumes no liability for over or under estimating project integration costs. Total transmission estimates listed below are for a 170 MW Project. Larger or smaller projects could incur significantly different costs. AVOS!A J!Q!PJ SIERRA """'" POYIER ""'.....(!);.- JIM BRIDGIR PACFICORP a'A (HotSplros) MONTANA POYIER COM'I\NY ("""C""do) ANTB.OPE T"SUMMERLAJ(E PACFrnRP v.m SYSTEMMAP _M- ",.",..",'" Idaho Power, TVEP Community Advisory Committee Treasure Valley Electric Plan Community Advisory Committee Power Plant Briefing Paper What is a Power Plant and why are they necessary? A power plant is used to generate electrical power. It uses some form of energy, such as falling water, coal or natural gas, to turn a generator that makes electricity. Some power plants do not use a generator to make electricity. For example, a solar cell can directly convert the energy from the sun into electrical energy without needing to turn a generator. However, at the present time these power plants are comparatively small and expensive. What are the different types of power plants and how do they operate? Hydro - A hydroelectric plant converts falling or flowing water into electrical energy. The falling water is used to turn a generator, thus making electricity. Coal - A coal-fired power plant uses the energy released from burning coal to make steam that is used to turn an electrical generator Natural Gas -In general , there are three types of natural gas fired power plants: 1. Natural Gas/Steam - A natural gas/steam power plant uses the energy released from burning natural gas to make steam that is used to turn an electrical generator. Very similar to a coal-fired power plant. 2. Simple Cycle Combustion Turbine - A simple cycle combustion turbine power plant is similar technology to a jet engine used on an airliner. On an airliner, the turbine engine is used to create thrust to push the airliner through the sky. For electrical generation, that thrust is used to rotate an electrical generator. 3. Combined Cycle Combustion Turbine - A combined cycle combustion turbine power plant takes the excess heat from a simple cycle combustion turbine power plant and uses it to create steam that then turns another electrical generator. This type of power plant can be very efficient. Wind - A wind turbine uses the energy of wind blowing across its blades to turn a generator Nuclear - A nuclear power plant operates similarly to a coal or natural gas-fired power plant except that it uses the heat generated by nuclear fission to make steam which is used to turn a turbine generator Diesel - A diesel power plant uses an internal combustion diesel fueled engine to turn an electrical generator Geothermal - A geothermal power plant uses the energy contained in steam or hot water heated by the earth to turn a steam turbine generator Page 1 of 8 Power Plant Briefing Paper Idaho Power, TVEP Community Advisory Committee How many and what types of power plants does Idaho Power own and operate? Idaho Power owns and operates hydroelectric, simple cycle combustion turbine and diesel generating plants. It has interests in three coal-fired power plants operated by other owners. The breakdown is as follows: 17 hydroelectric plants with a total capacity of over 1 988 000 kW. Not all the plants can operate at their maximum capacity at the same time. There are many factors that control how much a hydroelectric plant can generate at one time. The level of the water in the reservoir and the level of water in downstream reservoirs can limit the output. Three coal-fired plants with a total capacity of over 1 022 000 kW. . Two combustion turbine plants with a total capacity of 260 000 kW. These two plants are used for peaking purposes, meaning they primarily generate during the summer when system loads are highest and the cost of power on the market is also high. . One diesel plant with a total capacity of 5 500 kW. This plant is used only for emergency purposes in the Salmon area. Idaho Power did operate these diesels to sell into the market during the summer of 2001 when the market in the entire western United States made them profitable. This was a unique situation. Normally the cost of power from these diesel engines is too high to make them economical for use on the Idaho Power system or to sell into the market. Does the amount of power these plants generate meet the electrical needs of the Treasure Valley? If not, how are the additional needs met? If Idaho Power were to assign all the output from these plants to the Treasure Valley, they would meet the valley s electrical needs. However, Idaho Power's generation is built and paid for by rates paid by all Idaho Power customers and the output belongs to the entire system. During peak periods (summer afternoons and cold winter mornings), this generation is generally not adequate to serve all of Idaho Power's needs. At these times, power must be purchased on the market and shipped in via high voltage transmission lines connected to surrounding utilities. Idaho Power constantly monitors market prices and transmission availability in determining whether it is better to purchase electricity on the market or to build more generation. Page 2 of 8 Power Plant Briefing Paper Idaho Power, TVEP Community Advisory Committee How will Idaho Power continue to meet the needs of the Treasure Valley? As the valley continues to grow, the need for new generation will also grow, given that Idaho Power s access to the market is constrained by transmission adequacy. Idaho Power already uses most of its transmission capacity during peak periods so it either has to build more transmission or more generation. CurrenUy, it is generally more cost effective to build new generation than to build more transmission to interconnect with our neighbors. Idaho Power's Integrated Resource Plan (IRP) determines the number of new plants needed. The IRP evaluates load growth vs. supply adequacy on a sliding 10-year basis. What are the advantages and disadvantages of having a power plant close to end users? Transmission lines incur energy losses when transmitting power. Idaho Power loses 11 to 12 percent of the energy generated at the Hells Canyon complex before it ever gets to your home. For every 100 MW generated at Hells Canyon, only 88 MW gets down to the end users. By building the power plant closer to the load, these line losses are greatly reduced. An argument can be made that the burden of hosting a power plant should be placed on those using the power, not those living in under-populated areas. Which kind of power plant is the easiest to live with in an urban community? It depends on individual perspectives. Those who value clean air would be against coal generation located in their community. Those who value natural scenery would be against a large wind farm located on a hillside. Those who value natural river flows would be against large hydro facilities on rivers. If generation is located in the Treasure Valley, how many transmission lines can Idaho Power avoid building? 500 kV The 500 kV lines are used to deliver energy from generators to load, so if the generators are co-located with the load, the lines are unnecessary. Locating generation within the Treasure Valley can reduce the number of 500 kV lines coming to the valley. However, it would take significant generation located in the Treasure Valley to completely do away with the need for an individual 500 kV transmission line. 345 Like the 500 kV lines, locating generation within the Treasure Valley can reduce the Page 3 of 8 Power Plant Briefing Paper Idaho Power, TVEP Community Advisory Committee number of 345 kV lines, if those lines are used to deliver energy from generators to load. If the lines are used as part of an intra-valley transmission network, locally sited generation would do very little to reduce the need for the transmission. 230 kV Locally sited generation will not reduce the number of 230 kV transmission lines in the Treasure Valley. 230 kV transmission will likely be part of an intra-valley transmission network that will be used to delivery energy between hub substations. This transmission will be needed whether the valley has locally sited generation or not. How would Idaho Power s system reliability be influenced by generation in the Treasure Valley? Generally, reliability would be improved if generation were located in the Treasure Valley. Some of the power outages experienced by customers in the Treasure Valley are caused by electrical faults on the long, high-voltage transmission lines that are used to deliver energy from distant generation to the Treasure Valley. If you reduce the length of these lines, you reduce the likelihood of damage occurring to the lines. What type(s) of generation are possible in the Treasure Valley? Natural gas, coal and nuclear power plants are all "possible" in the Treasure Valley. However, the only type of power plant that could likely find public and regulatory acceptance would be a natural gas-fired power plant. A combined-cycle combustion turbine power plant could be sited for base-load needs and a simple cycle combustion turbine power plant could be sited for peaking needs. What are the advantages of generation in the Treasure Valley? Efficiency - Line losses are fewer with shorter transmission Save money - Transmission costs are reduced if generation is large enough Economic advantage - Tax base, employment Reliability - If enough generation is located in the Treasure Valley, reliability would improve What are the disadvantages of generation in the Treasure Valley? Visual impact Environmental fears - air and water quality, noise Siting difficulty - lack of available land Page 4 of 8 Power Plant Briefing Paper Idaho Power, TVEP Community Advisory Committee Are power plants safe? What are the environmental advantages and disadvantages of each? There are dangers inherent with anything that generates electricity, namely electrical shock. The following are other possible safety concerns: Hydro - The primary danger from a hydroelectric plant is the varying flows that exit the turbines. A boater or fisherman downstream from a dam must be aware that outputs from hydro-turbines can vary depending on electrical load and water levels will vary in response. Hydroelectric power is a renewable resource. While it has a high capital or initial cost, the cost of the energy from the water is very low. Large hydro projects are seen by many environmentalists as endangering the lives of the fish that rely on rivers to spawn in. Others see the hydro projects as degrading to riverbanks because they change the natural flow of the river. Coal - The main negative aspect of a coal-fired power plant is the air pollution it creates when burning the coal. These plants emit carbon monoxide, carbon dioxide, sulfur oxides and nitrogen oxides. In addition, many coal plants emit varying levels of mercury. Idaho Power is regulated for sulfur oxides. Diesel - Carbon monoxide, sulfur dioxide, nitrogen oxide and particulates are the most recognized form of pollution from diesel engines. . Gas - Natural gas fired power plants emit carbon dioxide and nitrogen oxides. Pollution control equipment acts to greatly limit the amounts of these pollutants emitted to the air. Wind - There are no known dangers to people created by wind turbine generation facilities. Some complain about visual and audible nuisance. The most recognized environmental disadvantage to wind power is its detrimental effect on birds , particularly raptors. Nuclear - The most recognized direct danger from a nuclear power plant is nuclear meltdown. If a nuclear power plant loses the cooling necessary to control the nuclear reaction, the fuel can become hot enough to melt through its containment and can create a large steam explosion with resulting nuclear contamination. Nuclear power plants are designed with this in mind and have multiple safeguards against it. Another danger is radiation from the nuclear waste generated by the plant. Are there other options? Yes, solar power and fuel cells. Solar - There are two methods for generating electricity from the sun: 1. Solar thermal - This form of solar power uses large solar concentrators (mirrors) to focus the sun s energy on a liquid medium such as water to create steam to turn Page 5 of 8 Power Plant Briefing Paper Idaho Power, TVEP Community Advisory Committee a turbine generator 2. Photovoltaic - This form of solar power direcUy converts the sun s energy to electricity without the need for making steam to turn a turbine Fuel Cells - A fuel cell is an electro-chemical device that converts hydrogen directly into electricity without the need for making steam to turn a turbine. There are many different types of fuel cells but in the end they all work similar to a battery that is continually recharged. Because of the extreme costs associated with both solar and fuel cells, Idaho Power doesn t use either of these types of resources for generating electricity at present. Idaho Power continuously monitors various technologies to determine if they make economic sense to include in our generation mix. What is the cost difference to build and maintain power plants? Hydro - Major hydro facilities are very expensive to build. However, they have the advantage of low operating costs because their fuel is essentially free. Significant additional expenses are attached to a hydro facility due to the requirements to perform environmental remediation and provide recreational opportunities as part of our licensing agreements with federal and state governments. Coal - Like hydro, a coal plant is expensive to build and their main advantage is in the cost of the fuel. Coal is a low-cost alternative over the long run. . Gas - Natural gas fired combustion turbine power plants cost the least to build. Their major disadvantage is the cost of the fuel. Natural gas prices are high and extremely volatile so this type of power plant is used only for peaking on the Idaho Power system. Wind - Wind turbine power plants are currently expensive to build , though their costs are coming down. Their operating costs are low because their energy is free. Nuclear - Nuclear power plants are by far the most expensive to build. Their advantage is the cost of fuel is low, so long-term costs can be lower than most. There are significant additional expenses associated with nuclear power plants for waste remediation. Which lasts longest before needing replacement? Hydro power plants tend to last longer than any other type of power plant due to the extreme engineering that must go into damming a river. During the life of a hydro power plant, the generators will be upgraded and even replaced once or twice. Wind turbines seem to last the shortest amount of time, though that is changing as technology improves. Page 6 of 8 Power Plant Briefing Paper Idaho Power, TVEP Community Advisory Committee What is Idaho Power s portfolio of long-term energy plans according to the Integrated Resource Plan? The portfolio selected in the 2004 Integrated Resource Plan will increase Idaho Power's power supply capacity by almost 940 MW over the next 10 years: . 76 MW Demand Response Programs (DSM) . 48 MW Energy Efficiency Programs (DSM) 350 MW Wind-Powered Generation 100 MW Geothermal-Powered Generation . 48 MW Combined Heat and Power at Customer Facilities . 88 MW Simple-Cycle Natural Gas Fired Combustion Turbines . 62 MW Combustion Turbine, Distributed Generation or Market Purchases 500 MW Coal-Fired Generation Is Idaho Power considering owning a nuclear power plant? No. Idaho Power s Integrated Resource Plan does not call for building a nuclear power plant at this time. Every two years, this is reconsidered. Does Idaho Power plan to build new coal or gas plants in the near future? Yes. Idaho Power s 2004 Integrated Resource Plan calls for the construction of a new coal-fired power plant and additional combustion turbine peakers within the next 10 years. What is Idaho Power's long tenD plans to produce "green" power? Is hydro green In Idaho Power's 2004 Integrated Resource Plan , the chosen generation portfolio to be built in the next 10 years includes quite a bit of renewable energy: 350 MW of wind 100 MW of geothermal . 48 MW of combined heat and power at customer facilities Idaho Power believes that its hydro projects are all renewable energy sources and are thus "green" power. Idaho Power undertakes many activities to mitigate any environmental damage these projects might cause. How much power does Idaho Power purchase from outside sources? The quantity of power Idaho Power purchases on the market depends on the season and climate. In 2004, the sixth consecutive year of drought, Idaho Power purchased 18 Page 7 of 8 Power Plant Briefing Paper Idaho Power, TVEP Community Advisory Committee percent of its energy needs on the market. During non-drought years, Idaho Power's hydroelectric system can produce more energy and thus market purchases will be lower. What is Idaho Power s agreement with Fossil Gulch to purchase its power? What is the typical MW output of Fossil Gulch? Fossil Gulch is designated as a Qualified Facility under the Public Utility Regulatory Policy Act (PURPA) and Idaho Power is required to purchase its output at rates determined by the Idaho Public Utilities Commission. If Fossil Gulch is generating power and transmission is available (not out of commission due to repair), Idaho Power must take its output. Fossil Gulch has a maximum output of a little over 10 MW. Depending on wind speed this can vary all the way to zero. At this point, not enough operating data is available to determine what an average output would be. Why didn t Idaho Power develop the Lucky Peak power plant? At the time Lucky Peak was developed , Idaho Power had a surplus energy supply and did not need the capacity. This project was developed by local irrigation districts and is operated by Seattle City Light. Idaho Power often purchases this power during the summer. Does Idaho Power use the power generated at Anderson Ranch dam? Anderson Ranch dam belongs to the federal government. Bonneville Power Administration customers in southern Idaho generally use the power produced. If this power were put on the market, Idaho Power would purchase it if the price were low enough to either offset Idaho Power's generating costs or if it were cheaper than market prices during times Idaho Power was purchasing from the market. Page 8 of 8 Power Plant Briefing Paper MOUNTAIN VIEW POWER'ANSWERS STAFF'S FIRST PRODUCTION REQUESTS Attachment to Response Request No. ;::; 1:. Bruce D. Chat1erton Director Boise City Hall 150 N, Capitol Bouievard Mailing Address P 0, Box 500 Boise, Idoho 83701-0500 Phone 208/384-3830 ~ax 208/384-3814 TDD/T7Y 800/377 -3529 Web www_cityofboise.org/pds Mayor David H, Bieler City Council PrcsidenJ -- '-Iaryanne Jordan 'neil ProTem me Clegg :non L, Bisterfeldt David Eberle Alan W. Shealy Jim Tibbs cqual Opporlunity Empleyer o;;, Printed cn recyciod poper Planning & Development Services 'February 1 , 2006 ;Mountain View Power iRon Williams, Vice President ;1015 W. Hays Street IBoise, ID. 83702 jRE:CUPOS-OO126 / 9605 S. Eisenman Road - REVISED CONDITIONS OF APPROV AL ~Dear Mr. Williams: ;In reviewing the minutes of the public hearing for CUPO5-126 staff would like to clarifyisome conditions. The revised conditions are underscored as follows: Ifthis conditional use pennit is not acted 11fJOFl within sixty (60) months, it 'Nill beoomc nulland 'laid v/ithout furtheF notification E:()ffi this department IConditions of Approval ~Site Specific: 5. The applicant shall submit an air permit application with the Idaho Department ofEnvironmental Quality for proposed power Plant #2 that uses best available pollutioncontrol technology which is existing and commercially available and meets or exceeds therequirements of Plant #1 for the plant configuration and equipment selected by theapplicant. 18. The applicant has proposed phasing 0 f the project. All required infrastructure shallbe constructed prior to the development of each phase. Both phases of this development!authorized by this Conditional Use approval must be completed within 5 years (60 months):!Tom the date ofthe Commission s approval or the applicant will be required to submit anew conditional use application. Prior to the expiration of this conditional use, theCommission may, upon written request by the holder, grant a one-year time extension. A; maximum of three (3) extensions may be granted. Al1 other conditions of this approval shall apply as stated in the original letter. If you have any questions, please call me at 384-7857. CUP05-00126/Mountain View Power, Inc. Page 2 Sincerely, ~~. Car 1 Miller \ Planner II CM:vvvCC: Richard Kaylor/3877 Gemini Circle/Boise/83709 Dan Buerstetta/5473 S. Broadwing Way/Boise/83716 Brett Crow/1717 E. Picabo Ct/Boise/83716 Kathleen Fahey/28G8 S. Colorado/Boise/83706 Kelly MitchelV5152 S. Willamette Pl./Boise/83716 Dave Ransom/3225 NorfolklBoise/83706 Cheryl Robinson/2979 Oak Park Pl.IBoise/83703 John Weber/9535 W. Cory Ln./Boise/83704 Tish Hetrick/2155 Blue Sage Ln./Boise/83716 Bruce D. CheHerton DirOC1'or Boise City Hel! 150 N. Copiiol Boulevo,d Moiling Address P 0 80x 500 Bois€:, Idoho 8370i -0500 Phone 208/384-3830 Fax 208/38~-3814 TDD!TTY 800/377-3529 Web www,c;t-fofboise.org!pds Meyor David H, Bierer City Council President ivlaryonne jordan :il Proiem ~-- de Clegg Vernon L. Bisterfeidt David Eberie Alan W- ShealY M- Jerome Mapp , ": ," ''-" An Eoual Ooeooun;", Emolove, Planning & Development Services January 10 2006 Mountain View Power Ron Williams, Vice President 1015 W, Hays Street Boise, ill- 83702 RE: CUP05-00126 19605 S. Eisenman Road Dear Mr. Williams:: This letter is to inform you of the action taken by the Boise City Planning & ZoningCommission on your request to construct two natural gas power plans in two phases on property located at 9605 S. Eisenman Road in an M-2D (General Industrial with DesignReview) zone. The Commission, at their hearing January 9, 2006, approved your request based on compliance with the attached Conclusions of Law, Findings of Fact and Conditions ofApprovaL May we also take tbis opportunity to inform you of the following: This approval will not take effect until after the appeal period has lapsed. The decision of the Boise City Planning Zoning Commission may be appealed to the Boise City Council within ten (10) calendar days from theissuance of this decision. The appeal must be written, accompanied by theappropriate fee and submitted to the Boise City Planning & DevelopmentServices Department prior to the deadline set forth herein- Appeal applicationforms are available in the Planning Department or on-line under Applications at: Vv~"'iwcitvofDoiseondpdsl or http:6477,8.21/pds/apps,asp .., .J-All appeals of this permit must be filed by 5:00 p.m. on Monday, January 20 2006. If-tfli-s-c-oo.dit-ienal-l:lse-F)(~~Fffii-t-is-41Gt--aGted-YpGn--w~thi~teen (18) months, itwiH-beee-me -n li I I -- an. d -ve-i cl-wit-he ut--furtfi er -- oot-i-fi 0at:i en.. fr om---this---departmem- Sincerely, Carl Miller CUPO5-00 I 26/Mountain View Power, Inc, Page 2 Planner II CM:vvv CUP05-00126/Mountain View Power, Inc. Page 3 Reasons for Decision: Mountain View Power, Inc, (MVP) requests approval of a Conditional Use Permit to construct 2 natural gas power plants at 9605 S. Eisenman Road. The site is located in the East Gateway Industrial Park and in an2D (General Industrial with Design Review) zone- Plant One will generate 80-250 megawatts ofelectricity and is designed to meet the requirements of Idaho Power s Request for Proposal (RFP) Electricity generated fTom this plant will provide for peak summer and winter power needs- Plant Two willgenerate 50 to 100 megawatts of electricity- This electrical generation will be a secondary or backup power source for wind power project being developed across southern Idaho, The second use of this plant will befor electricity for refTigeration for future warehouses within the East Gateway Industrial Park. The applicanthas proposed an emission stack less than 70' in height to comply with the height limitations for public services (B.CC 11-06-06.13), On March 30, 2005, Idaho Power issued an RFP for peaking resource electric generation project. Theapplicant submitted a Conditional Use application for approval of 2 gas-fired power plants at 9605 SouthEisenman Road. These plants, if accepted by Idaho Power, would provide for public electrical generation. On November 14, 2005 action on the Conditional Use application was deferred by the City of BoisePlanning and Zoning Commission to January 9 2006 to allow for an additional comment period from public agencies. Greystone Environmental Consultants, Inc_, on behalf ofMVP, submit a preliminary atmosphericdispersion model which has been reviewed by DEQ. The air quality analyses submitted by MVP onlyassessed impacts from the plant one and protocol was submitted prior to MVP's proposed change to lowerNOx emitting technology. The air modeling study for the Gateway Power Plant (GPP) still serves as anindicator for impacts on air quality. Primary emissions from natural gas power plants include nitrogen oxide (NOx) and carbon monoxide (CO). Secondary emissions include sulfur dioxide (SOz), organic compounds (VOC) and particulate matter(PM1O). Emissions of NOx, SOl, and VOCs can react with other chemicals in the atmosphere to producefine aerosol particulate and ozone. The applicant has proposed to include the installation of additionalpollution control equipment in their proposal and to work with the Idaho Department of Environmental Quality (DEQ) to incorporate emissions standards that are more stringent than required into the DEQ airpermit for their facility, As a result, the MVP plant will reduce its NOx pollution by 50% as compared to the emissions from the Bennett Mountain facility currently owned and operated by Idaho Power in Mountain Home- A condition of approval solidifies .this intent by limiting the continuous emission rate for Plant One to 10 parts per million nitrogen oxides and 10 parts per million carbon monoxide as measured by acontinuous emissions monitoring system (CEMS)- Plant Two will also use best available pollution controltechnology which is existing and commercially available for the plant configuration and equipment selected by applicant- A Best Available Control Technology (BACT) analysis was not submitted with the air impact analyses; therefore DEQ could not verify whether the proposed technology represents BACT. The IdahoConservation League supports the cleaner pollution control mechanisms and as a result, will no longer beopposing the request. The DEQ report indicates that impacts of all directly emitted air pollutants (N02, CO, S02, PMlO, andPMZ.5) were well below applicable air quality standards, even when combined with backgroundconcentrations based on air monitoring data collected in the Boise area. The impact levels of CO, PMlO andS02 are even sufficiently low to be allowed in non-attainment areas (areas not meeting air quality standards for those pollutants) by Idaho air quality regulations; however, the Treasure Valley is not a non-attainmentarea for any pollutants, Table 1 provides a summary of maximum primary impacts, CUP05-00126/Mountain View Power, lnc, Page 4 , Table Modeled Impacts of Directly Emitted Pollutants Maximum Averaging Impact Background Im pact +StandardPollutantPeriodfrom GPP Level Background (l1g/m (Jlg/m (J-lg/m (11g/mPM1O24-hour 86,150Annual27_ PM2_24-hour 51 d 538 Annual 10_Sulfur dioxide (SO2)hour 45_300 24-hour 26.365 Annual 78.Carbon monoxide hour 1228 200 428 000(CO)hour 201 400 601 000Nitrogendioxideannual36,100(NO2) Micrograms per cubic meter Particulate matter with an aerodynamic particle diameter less than or equal to a nominal 10 micrometers Particulate matter with an aerodynamic particle diameter less than or equal to a nominal 5 micrometers Based on the maximum 98th percentile value from each of five annual data sets. Winds in the Boise area are predominantly from the northwest and southeast (see Wind Rose Map).Predominant winds would carry the plume away from larger population centers. Although the predominantwinds may carry the plume away from the larger population centers, calm conditions during either winterinversions or summer stagnation periods could result in the plume transported in any direction. DEQ usedplume rise equations to measure a plume rise of between 1 640 feet and 1 969 feet. This causes a highdegree of thermal turbulence in the immediate area and the plume may break out of inversion layers that are less than 1 640 feet thick. However, strong winter inversions within the Treasure Valley can periodically be 640 feet to 3 280 feet thick. DEQ is not confident that the plume from the GPP will have sufficient plume rise to break through such a deep stable layer associated with the strongest Treasure Valley inversions, Conditions of approval requested by DEQ will ensure that air quality and water quality will be protected- fugitive dust control plan which incorporates best management practices (BMP) will be required for theproject. DEQ has also requested an odor management plan using appropriate B:MP' s which details how theapplicant will manage odors that may occur from the proposed operation Other requirements provide forthe protection of drinking water, surface water, and hazardous waste contamination, This request should have very little impact on water quality- The project proposes land application of "non-contact" wastewater. During peak hours up to 30 gpm (gallons per minute) of non-domestic wastewaterwill be generated, The applicant has proposed treating wastewater in several ways to prevent deterioration of the aquifer. The Boise City Public Works department in a memo dated October 7 , 2005 indicated that up to 2 000 gallons per day will be accepted into the sanitary sewer, A wastewater detention pond may beestablished on site for water in excess of allowed amounts, The applicant has also proposed future plans for CUP05-00126/MouTItain View Power, lnc, Page 5 the piping of grey water to a pond within the Industrial park The Boise Airport has requested that a wildlifemitigation plan be submitted for review and approval before the implementation of greywarer ponds. Staffhas recommended this as a condition of approval. Staff finds the proposed power plant compatible with other uses in the general area- The subject property islocated in an isolated location in Southeast Boise, near the Isaac s Canyon freeway interchange- Adjacentproperties and most land in this area are vacant; therefore the project should not be incompatible withexisting land uses. Both the zoning map and the Boise Comprehensive Land Use Map designate the area forIndustrial uses, Residential uses are especially sensitive to the proposed use, There are no residential zoned properties or subdivisions within Yz miles of the subject property- The Blue Valley Mobile Home Park is located approximately 7/:; mile to the northeast. The Blue Valley Mobile Home Park has spacing forapproximately 210 manufactured homes- However, currently the site has only about an 80% occupancyrate. The mobile home park is in Ada County and is zoned M3 (Airport Industrial), Redevelopment of the mobile home park to industrial uses in the no-too-distant future is a distinct possibility. All properties within city boundaries within 1 mile arezoned Industrial (Limited Industrial, General Industrial, Technological-Industrial Park, or Technological-Manufacturing Park). The Columbia Village residential subdivisions are located between 2-3 milesnortheast of the site. The site is separated from Columbia Village by Interstate 84, Highway 21 , and otherindustrial developments. Staff finds this is adequate distance and buffering from the proposed plant to mitigate any potential adverse impact. Noise generated from the plant will be minimal. Acoustic tests indicate that the power plant will generate52 decibels (dBa) at a location 400' from power plant. A level of 52 decibels (dBa) is roughly equivalent tonoise generated by a person speaking in conversational tones. The project will therefore producecomparatively small amounts of noise to other generators of sound pollution nearby the site- Noise fromother uses in the general area will be greater than the proposed power plants. Interstate 84, the BoiseAirport, and the Union Pacific Railroad corridor are more pronounced contributors of noise pollution thanthe power plants- Noise will naturally increase as development of the East Gateway Industrial Park occurs.The applicant has proposed methods to mitigate the noise pollution. The emissions stack will implementsilencing equipment to baffle the noise generated. Also, insulation used in the emissions stack will reducethe noise pollution from the plant. Staff visits to the Bennett Mountain plant in Mountain Home, which issimilar to the proposal and was developed by the applicants, supported the claim that noise generated by theplant is negligible. Neighbors to the Bennett Mountain power plant did not indicate that noise from theplant was noticeable and were generally content with their location near the plant. The proposed use will not place an undue burden on transportation and other public facilities in the vicinity,The Ada County Highway District (ACHD), in a report dated October 3 , 2005, indicates that the applicantwill need to provide improved access to the subject property, To comply with ACE-ID requirementsEisenman Road from Gowen Road will need to be widened to meet minimum width standards, Thedriveway from Eisenman to the power plant will also be improved to provide fire safety access, The subject property is within the Boise Airport Influence Area "A." Development of residences andschools are discouraged in this Influence Area- However, this influence area does not discourage industrialprojects, The Boise Airport has indicated in a memo dated October 25, 2005 that the smokestacks willpenetrate FAR Part 77 imaginary surface by 33' and conflicts with runway 9/27 Part 77 surface. Allprojections will need to comply with Federal Aviation Administration (FAA) standards for height andlocation near an airport runway, The emissions stacks are proposed for less than 70' in height- There arealso similar heights for the electrical transmission lines in the area and the site is nearby to a bluff which is CUPO5-00126/Mountain View Power, lnc, Page 6 elevated 275' above the subject property, Proposed condition of approval #8 requires compliance with Airport Influence Area height restrictions or receipt of a waiver from FAA height standards, Siting ofthe natural gas power plants is constrained by the availability of public infrastructure. Specifically, the proximity of electrical transmission, natural gas, water, and sewer lines are essential to the feasibility of this project. Necessary public infrastructure is nearby and will be extended to the site to serve the property. A natural gas pipeline is approximately 000' to the east. The extension of the line to the power plant willneed to take place within an acceptable easement or right-of-way, Idaho Power owns 230kv transmission lines nearby the site. These lines will be used to transmit electricity toward Caldwell and the Boise bench,Water and sewer lines will be extended to the subject property to serve the project. The siting of power generating plants at more remote locations could be economically unfeasible due to the related costs ofextending necessary utilities. Staff finds the site is large enough to accommodate the proposed use, setbacks, fencing, parking, andlandscaping. All buildings and parking areas will comply with the minimum setback requirements of the zone. Power plants do not have a specific parking requirement in the Zoning Ordinance. Day-to-dayoperations will include a handful of employees who will be sufficiently served by the proposed parkingspaces. The applicant has proposed a 6' three-barbed wire fence encircling the perimeter of the site. Thisproject is under the purview of the Design Review Committee. Staff has recommended a Condition ofApproval that landscaping, building colors and the site entrance be specifically reviewed for aestheticquality and compatibility. Compliance with these and other conditions recommended by staffwill providethat the project will not adversely affect other property of the vicinity. A proposal for natural gas power plants at this location supports policies of the Boise City Comprehensive Plan. Elements of the Plan that are relevant to this project include Public Facilities (Chapter 2),Environmental Quality (Chapter 3), Community Quality (Chapter 7), Land Use (Chapter 8), EconomicDevelopment (Chapter 9), and Growth Management (Chapter 10), Comprehensive Plan goals, objectivesand policies are addressed as follows: Public Facilities The Boise City Comprehensive Plan anticipates a projected population of 253 000 within the BoisePlanning Area by the year 2015 (Objective 7.1). Population growth in surrounding municipalities is alsosteadily increasing, Current and future population of the city and region will need to be served by adequatepublic infrastructure to protect the quality of life enjoyed in the area. Vigorous and continual growth in thearea has created the need to build new facilities. Objective 2.1 encourages projects that ensure "adequateelectrical facilities are available to meet the needs of future development." The proposal for a gas powerplant will provide electrical infrastructure to meet the Comprehensive Plan goal for an adequate supply ofelectrical energy to support existing and future land uses in the city (Goal 2.6). The inability to providesufficient power to meet electrical demands could have negative consequences to the quality of life in the area, Inadequate power could lead to higher electrical costs and diminished economic growth. Staff findsthat this proposal will support the Public Facilities goals, objectives, and policies by providing additionalelectrical generation. Environmental Qualitv Air quality is an issue of health, aesthetics and economics linked with land use. Poor air quality poses aparticular health hazard for the young, elderly, or those suffering from chronic breathing diseases. It can become an aesthetic issue when it obscures desirable views of the foothills and downtown, i\ir quality may CUPO5-00126/Mountain View Power, Inc. Page 7 be an economic issue when federal money is withheld due to air pollution, Chapter 3 of the Boise City Comprehensive Plan encourages the protection of air quality. The Boise Comprehensive Plan encourages industrial projects that provide "installing scrubbers in smoke stacks and other means of reducing industria!emission" (Policy 3.3), The applicant has proposed low Nox burners that will reduce the emissionsgenerated by the plant. Water quality is also vital to livability of Boise residents. Development regulations for water quality are aimed at protecting environmental resources. An objective of the Comprehensive Plan encourages the protection of waters at highest standards (Objective 3.1). The applicant has proposed processes for the treatment of wastewater. Water treatment methods will be reviewed by DEQ, the City of Boise, and the Idaho Department of Water Resources (IDWR) to ensure the integrity of the aquifer and surface waters, Staff believes agency review and requirements for the protection of the environment will satisfy the air and water quality objectives of the Comprehensive Plan. Community Quality The perceived image of a community underlies its desirability, economic viability, and quality of life. The Community Quality chapter of the Boise Comprehensive Plan seeks the protection and enhancement of theCitys visual qualities. The project is located within a Design Review overlay district. Development of the project will be reviewed by the Design Review Committee to insure the general appearance of buildings andsite improvements. The project is located far from residential and commercial developments. The site is approximately % mile west of the east entrance of Interstate 84 to the Treasure Valley. The appearance the power plant is an important consideration as it will be visible from the Interstate. Future development ofthe East Gateway Industrial Park may obscure the sight of the power plants, but this may not occur in theshort term. Staff has recommended conditions that the Design Review Committee will evaluate the architectural design treatment of the buildings, parking, landscaping, and outdoor storage areas. Approval of Design Review relative to the visual characteristics of the site will provide a compatible and attractiveproject. Land Use The Boise Comprehensive Plan encourages heavy industries and industrial uses that generate unusual noises and/or odors to be located within the industrial districts (policy 8.1). The grouping of Industrial usesfacilitates manufacturing clusters, supports the economic base, and protects neighborhoods. The noises and emissions from the plant will be mitigated due to the location to the east of the Boise Airport and on the fringe of the city. Residential developments are prohibited in Industrial zones, therefore incompatibleresidential developments will not encroach upon the subject area. The site is located within the Airport Planning Area, This area is unique as it is the only Planning Area within the city without residentially-designated areas. This exclusion is due to the inherent incompatibilities between heavy industrial and residential uses, The omission of residentially designated areas in thisPlanning Area indicates there will not be an encroachment of residences near the proposed site, The Industrial area to the east of the airport has been established to protect and promote industrial usespreferably heavier and noisier manufacturing businesses that may not be appropriate in other industrial areas of the city (Policy 8,1 and Policy 8.3). Industrial and manufacturing uses in this area also benefit from convenient access to the shipping routes, such as the Boise Airport, rail lines, and Interstate 84,Specific to the Airport Planning Area, the project complies with policy that industrial area east of the airport should support manufacturing uses (Policy 8.14,3) policy which requires development within the AirportInfluence A..rea shall be required to adhere to the noise standards (Policy 8,14.8). Staff finds the proposed CUP05-00126!M:ountain View Power, Inc. Page 8 approval of a power plant meets the objectives of the Boise Airport Planning lv-ea and general land useplans of the Boise Comprehensive Plan. Economic Development Providing infrastructure adequate to support new development is essential for attracting industrial-sector jobs, Plant one of the power plant will provide necessary infrastructure for natural population growth and business expansion in the Treasure Valley, The Comprehensive Plan indicates that if a designated areacannot be feasibly served by necessary infrastructure the city should consider redesignating it for less intensive uses and concentrating economic development efforts elsewhere (Policy 9,1), The inability toprovide necessary services for industry and the reclassification of industrial zoning to zones which do notrequire electrical generation would be a tremendous opportunity cost for the city. The development of this area will not occur without adequate electrical generation. The lack of necessary electricity in the areacould lead to brownouts. The effect of these outages could be increased crime, health problems, and jobstoppages. A goal of the Economic Development chapter encourages the provision of adequate infrastructure forbusiness creation and expansion (Goal 9.0). These plants will provide a support base for CUITent and futureland uses within the city. The development of a gas power plant will provide electricity for residences and businesses in the area. The second power plant will provide for the East Gateway Industrial park which will be an asset in attracting and retaining industry to this area. The applicant was instrumental in amending Idaho Code (Ie) enabling local jurisdictions to receive taxbenefits for power plants (IC 63-405). This bill changed the allocation of property taxes from an electricgenerating plant as an incentive to cities to permit a power plant to locate within or near a city, by providing that the property taxes are apportioned to local municipalities. Appraised values of the site afterdevelopment will generate additional property tax revenues. This additional tax revenue will provideresources necessary to support services provided for by the city. Staff finds the requested Conditional Use approval will support regional and local economic development goals. This request will also provideeconomic benefit to the city through property taxes and annual lease payments. Growth Management Public services and infrastructure strongly influence the ability of the city to develop. A goal of the GrowthManagement chapter of the Boise City Comprehensive Plan (Chapter 10) encourages public infrastructure to be developed in a way to keep up with development of residential, commercial, and industrial areas.Necessary infrastructure such as electricity will need to be provided to accommodate that growth, The goal for electricity in the Boise City Comprehensive Plan is to ensure an adequate, safe, and orderly supply ofelectrical energy is available to support existing and future land uses in the city (Goal 10,0). This projectwill provide a peaking plant for summer and winter months to supplement electrical power already available to the area. This request supports many of the policies of growth management and will enable theappropriate future growth of the area. In conclusion, the natural gas power plants at the subject property meet criteria for approval. It is acompatible land use in an Industrial zone in the Boise Airport Planning iv-ea, The power plant will supportpublic infrastructure by providing electricity in peak times. The site will provide a support base forindustrial, commercial, and residential uses. The recommended conditions of approval will mitigatenegative impacts of the proposal. CUP05-00126/Mountain View Power, lnc, Page 9 Conditions of Approval Site Specific: Construction, use and property development shall be in compliance with plans and specifications on file with the Boise City Planning and Development Services Department date stamped received on September 27, 2005 except as may be modified by the Boise City Design Review Committee or Staff or expressly modified by the following conditions, The energy production facility shall be limited to a maximum of 250 megawatts for plant one plantThe energy production facility shall be limited to a maximum of IOO megawatts for plant two, Mountain View Power shall secure an air quality Permit to Construct (PTC) from DEQ that is consistent with the design information and emissions rates provided in the Gateway Power Plant Air Quality Modeling Analysis prepared by Greystone Environmental Consultants, lnc, and submitted inDecember 2005 , for Mountain View Power, Best management practices shall be adhered to. The emissions stack -:hall implement insulation and -?ilencing equipment to baffle noise pollutio,g. The applicant shall submit an air permit application ----"' with the Idaho Department of Environmental Quality that will limit the continuous emission rate for proposed power plant # 1 to IO parts per million nitrogen oxides and 10 parts per million carbon monoxide as measured by a continuous emissions monitoring system (CEMS) at the plant, exclusiveohime periods when the plant is in start-up or shut-dmvn mode and operating below installed 70% capacity. PCWler Plant #2 shall meet or exceed the requirements of Plant # The applicant shall comply with the conditions of the Idaho Department of Environmental Quality (DEQ) per Department comments dated October 31 2005 , Requirements include, but are not limited, the following: a. The applicant shall contact Mlchael McGown for an applicability determination. b. The applicant shall contact June Ramsdell, Air Quality Manager. Compliance with DEQ requirements for air quality shall be required, c. The applicant shall contact Chris Ariss, Engineering Manager. Compliance with DEQ requirements for wastewater shall be required. d, The applicant shall contact Tiffany Floyd, Drinking Water Manager. Compliance with DEQ requirements for drinking water shall be required. e, The applicant shall contact Craig Shepard, Water Quality Manager. Compliance with DEQ requirements for water quality shall be required, The applicant shall contact Ron Lane, Remediation Manager. Compliance with DEQ requirements for hazardous waste and ground water contamination shall be required, g, If required a Permit to Construct shall be obtained, h. A National Pollution Discharge Elimination System (NPDES) Permit is required, construction disturbs more than one acre of land the applicant shall obtain permit coverage ITom EP 12, Cupos-oo 126!Mountain View Power, Inc Page 10 To obtain a construction General Permit, operators must develop a site-specific Storm Water Pollution Prevention Plan. j, No trash or other solid waste should be buried, burned or otherwise disposed at the site. Injection wells are regulated by the Idaho Department of Water Resources (IDWR) Comply with all requirements of the Boise Airport Department report, dated stamped received October 25, 2005. Specifically the applicant shall comply with the following: a. An avigation easement shall be approved by City legal staff and recorded prior to the submittal of building permits, b. A wildlife mitigation plan shall be approved and implemented if required by the Boise Airport. cv..J c. The applicant shall apply fo~ receive approval from the Federal Aviation Administration for a Notification of Proposed Construction. The applicant has proposed phasing of the project. All required infrastructure shall be constructedprior to the development of each phase. Both phases of this development authorized by thisConditional Use approval must be completed within S years (60 months) from the date of theCommissions approval or the applicant will be required to submit a new conditional use application.Prior to the expiration of this conditional use, the Commission may, upon written request by the holder, grant a one-year time extension. A maximum of three (3) extensions may be granted. 10.Prior to application for a building permit, the applicant shall provide documentation to the Boise City Planning and Development Services Departments that the site has a minimum of30 feet frontage on a public street or a permanent access easement to a public street which was of recordprior to August 16, 1966 or prior to annexation by the City of Boise. 11.This project is in a Design Review District and shall be subject to review and approval by the DesignReview Committee. The Committee shall specifically address the following: Landscaping and berming around the perimeter of the site provide a sight break from the Interstate and mitigate any impacts for future development. Landscaping that shall reduce the impact of carbon monoxide generated on-site. Fencing to restrict unauthorized access to the site, Outdoor storage shall be screened from public view Colors and compatibility of buildings, The Design Review Committee shall also review and approve any ex1erior lighting so that it'scompatible with future development. The applicant shall comply with the requirements ofthe Boise City Public Works Department (BCPW) for sewers per Department comments dated October 7 2005. Please contact BCPW at384-3900. All items required by BCPW shall be included on the plans/specifications that are 18. 19. 21. 22. CUP05-00126/Mountain View Power, lnc, Page 11 submitted for a Building Permit. Please note that any changes or modifications by the owner to theapproved plans must be submitted to the Public Works Department for approval. 13,Comply with all conditions of the Ada County Highway District report, date stamped received October 3, 2005. Proof of legal access shall be provided. 14.Comply with all conditions of the Boise Fire Department report PRE05-00361. Any deviation fromthis plan is subject to fire department approval. For additional information, contact David S, Millerat 384-3827. All parking areas and driveways shall be paved, and shall be designed and laid out to conform to the minimum standards required by the Boise City Zoning Ordinance. The applicant shall provide atleast one (1) ADA parking space for each phase- General: 16.No change in the terms and conditions ofthis approval shall be valid unless in writing and signed bythe applicant or his authorized representative, and an authorized representative of the City of Boise. The burden shall be upon the applicant to obtain the written confirmation of any change and notupon the City of Boise. 17.Any change by the applicant in the planned use of the property which is the subject of this application, shall reqUITe the applicant to comply with all rules, regulations, ordinances, plans, orother regulatory and legal restrictions in force at the time the applicant or its successors in interestadvises the City of its intent to change the planned use ofthe property described herein unless avariance in said requITements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Prior to issuance of a Building Permit and prior to any construction on the site, an Erosion andSediment Control Permit must be obtained from the Building Division of the Planning andDevelopment Services Department. An Occupancy Permit will not be issued by the Building Department until all of these condition(s)have been complied with. In the event a condition(s) cannot be met by desired date of occupancy,the Planning Director will determine whether the condition(s) is bondable or should be completedand if determined to be bondable, a bond will be required in the amount of 110% of the value of the condition(s) which are incomplete, Vision Triangles as defined in Section 11-01-03 and Section 11-10-04.4G. of the Boise City ZoningOrdinance shall remain clear of all sight obstructions, A detailed grading and drainage plan shall be submitted for review and approval by the Ada CountyHighway District and Boise City Public Works Department before a Building Permit is issued. The applicant or his/her contractor shall obtain a Right-of-Way Permit from the Ada CountyHighway District prior to any construction in the public right-of-way, 28, 29. 30. 31. 32- ..,.., .J.J . CUP05-00 126/Mountain View Power, Inc. Page 12 ') .., .J ,Hook-up to wet line sewers shall be required prior to issuance of an Occupancy Permit 24.Utility services shall be provided underground, 25,This approval does not include approval of any signage, A separate Sign Permit will be required ITom the Boise City Planning and Development Services Department prior to installation of sign(s). 26,All landscaping shall be maintained in a healthy and attractive condition, 27,Landscaped areas shall be irrigated by an appropriate underground irrigation system. Exterior lighting fixtures must be designed and located so as to prevent glare or direct light from falling onto adjoining properties or streets. Any future division of this parcel into individual lots or parcels, for the purpose of selling theseparate lots to individual owners, will be required to comply with all provisions of Boise City Code Title 9, Chapter 20, including lot frontage on a public or approved private street, and allrequirements for preliminary and final platting. Construction, use and property development shall be in conformance with all applicable requirements ofthe Boise City Code. The applicant shall obtain Building Permits prior to any work commencing on the property. Specific building construction requirements ofthe 2000 International Building Code and UniformFire Code will apply. However, these provisions are best addressed at Building Permit application. Failure to abide by any condition ofthis Conditional Use Permit shall be grounds for revocation by the Boise City Planning and Zoning Commission. Bruce D. Chatterton Director Boise City Hall 150 N, Capital Boulevard Mailing Address P. O. Box 500 Boise, Idaho B3701-0500 Phone 208/384-3830 Fax 208/384-3814 TDD/TTY , 800/377-3529 Web www,cityofboise.org/pds Mayor David H, Bieler City Council President Moryanne Jordan Council ProTem Elaine Clegg Vernon L. Bisterfeldt David Eberle Alan W. Shealy Jim Tibbs An Equal Opparlun;!y Employer -ftiI Pr;nted on recycled poper Planning & Development Services April 13, 2006 Mountain View Power Ron Williams, Vice President 1015 W. Hays Street Boise, ID 83702 Tish Hetrick 2155 Blue Sage Lane Boise, ID 83716 Richard Kaylor 3877 Gemini Circles Boise, ID 83709 Dan Buerstetta 5473 S. Broadwing Way Boise, ID 83716 John Weber 9535 W. Cory Lane Boise, ID 83704 Re:CUP05-00126 / Appeal / 9605 S. Eisenman Road Dear Applicant and Appellants; This is a letter to infonn you of the action taken by the Boise City Council on your appeal of the Planning and Zoning Commission s decision to approve a request by Mountain View Power, Inc. for a Conditional Use permit to construct 2 natural gas power plants in 2 phases located at 9605 S. Eisenman Road in an M- 2D (General Industrial with Design Review) zone. The Boise City Council, at their meeting of March 21 , 2006, voted to deny the , appeals with regard to Plant Number 1 , and to uphold the appeals with regard to Power Plant Number 2. Council also directed that condition of approval No.7 for Power Plant Number 1 be modified to include Airport participation in the process for determining an avigation easement for the project. Council instructed Planning staff to return to the City Council with Reasons for the Decision at an upcoming public meeting. At the April 11 , 2006 public meeting, the Boise City Council approved the attached Reasons for the Decision and Conditions of Approval. CUP05-00126 / Appeal 9605 S. Eisenman Road Page 2 of 10 If you have any questions, please contact Carl Miller in this department at 208/384-3830. ll~ Hal Simmons Planning Director Boise City Planning and Development Services HS/bjc Attachment cc: Southeast N.A. / Fred Fritchman /1321 Denver Ave. / Boise, ID 83706 CUP05-00126 / Appeal 9605 S. Eisenman Road Page 3 of 10 Reasons for Decision: Mountain View Power, Inc. (MVP) requests approval ofa Conditional Use Permit to construct 2 natural gas power plants at 9605 S. Eisenman Road. The site is located in the East Gateway Industrial Park and in an M-2D (General Industrial with Design Review) zone. Plant One will generate 80-250 megawatts of electricity and is designed to meet the requirements ofIdaho Power s Request for Proposal (RFP). Electricity generated from this plant will provide for peak summer and winter power needs. Plant Two is proposed to generate 50 to 100 megawatts of electricity. This electrical generation will be a secondary or backup power source for wind power project being developed across southern Idaho. The second use of this plant will be for electricity for refrigeration for future warehouses within the East Gateway Industrial Park. The applicant has proposed an emission stack less than 70' in height to comply with the height limitations for public services (B.C.c. 11-06-06.13). On March 30 2005 , Idaho Power issued an RFP for peaking resource electric generation project. The applicant submitted a Conditional Use application for approval of2 gas-fired power plants at 9605 South Eisenman Road. These plants, if accepted by Idaho Power, would provide for public electrical generation. On November 14 2005 action on the Conditional Use application was deferred by the City of Boise P1allning and Zoning Commission to January 9 2006 to allow for an additional comment period frem public agencies. Greystone Environmental Consultants, Inc. on behalf ofMVP, submit a prelimi.Tlary atmospheric dispersion model which has been reviewed by DEQ. The air modeling study for the Gateway Power Plant (GPP) serves as an indicator for impacts on air quality. The DEQ report on the Gateway Power Plant Air Quality Modeling Analysis indicates that impacts of all directly emitted air pollutants (NO2, CO, SO2, PMIO, and PM2.5) were well below applicable air quality standards, even when combined with background concentrations based on air monitoring data collected in the Boise area. The impact levels of , PMIO and SO2 are even sufficiently low to be allowed in non-attainment areas (areas not meeting air quality standards for those pollutants) by Idaho air quality regulations; however, the Treasure Valley is not a non-attainment area for any pollutants. The DEQ report reflected emissions generated by Plant One. Plant Two is undefmed for electrical generation, type of engine used, and DEQ has not analyzed the impact on air quality. On March 21 , 2006, City Council held a public hearing regarding this request. After hearing all testimony and all evidence Council made motion to deny the appeal of power plant #1 (Phase #1) and to modify condition #7 to reflect concerns of the Boise Airport. City Council upheld the appeal of power plant #2 (Phase #2). The subject property is located near the Isaac s Canyon freeway interchange. Adjacent properties and most land in this area are vacant. Both the zoning map and the Boise Comprehensive Land Use Map designate the area for Industrial uses. There are no residential zoned properties or subdivisions within 1-:12 miles of the subject property. The Blue Valley Mobile Home Park is located approximately ~ mile to the northeast. The Columbia Village residential subdivisions are located between 2-3 miles northeast of the site. CUP05-00126 / Appeal 9605 S. Eisenman Road Page 4 of10 Primary emissions ITom natural gas power plants include nitrogen oxide (NOx) and carbon monoxide (CO). Secondary emissions include sulfur dioxide (SO2), organic compounds (VOC) and particulate matter (PMIO). Emissions of NO x, SO2, and VOCs can react with other chemicals in the atmosphere to produce fine aerosol particulate and ozone. The applicant has proposed to include the installation of additional pollution control equipment in their proposal and to work with the Idaho Department of Environmental Quality (DEQ) to incorporate emissions standards that are more stringent than required into the DEQ air permit for their facility. As a result, the MVP plant will reduce its NOx pollution by 50% as compared to the emissions from the Bennett Mountain facility currently owned and operated by Idaho Power in Mountain Home. A condition or approval solidifies this intent by limiting the continuous emission rate for Plant One to 10 parts per million nitrogen oxides and 10 parts per million carbon monoxide as measured by a continuous emissions monitoring system (CEMS). The Idaho Conservation League supports the cleaner pollution control mechanisms and as a result, is not opposing the request. City Council denied the request for Plant Two (phase #2). As proposed, Plant Two has an undefmed use, with a variable amount of electrical generation. This plant has not been evaluated by DEQ for environmental air quality impacts. Without this necessary information, it is impossible to assess the impact on neighborhoods in the vicinity. This information is also unavailable for public comment, therefore appropriate response time ITom public, public agencies, and other affected parties has not been given due process. The Applicant may re- submit an application when more specific information is available. The City would need, as a minimum, the detail of information provided for phase I. Winds in the Boise area are predominantly ITom the northwest and southeast (see Wind Rose Map). Although the predominant winds may carry the plume away from the larger population centers, calm conditions during either winter inversions or summer stagnation periods could result in the plume transported in any direction. Acoustic tests indicate that the power plant will generate 52 decibels (dBa) at a location 400' ITom power plant. A level of 52 decibels (dBa) is roughly equivalent to noise generated by a person speaking in conversational tones. The subject property is within the Boise Airport Influence Area "A." The Boise Airport has indicated in a memo dated October 25, 2005 that the smokestacks will penetrate FAR Part 77 imaginary surface by 33' and conflicts with runway 9/27 Part 77 surface. All projections will need to comply with Federal Aviation Administration (FAA) standards for height and location near an airport runway. The emissions stacks are proposed for less than 70' in height. There arealso similar heights for the electrical transmission lines in the area and the site is nearby to a bluff which is elevated 275' above the subject property. City Council revised a condition of approval to reflect the concerns of interested persons and entities for the proposed plant. This condition of approval will require additional analysis solely of the stack and plume to detennine the effect of aircraft. An appropriate avigation easement will be brought back to Council for fmal approval after comments have been received ITom a variety of professions that could be affected by the easement.