20070727IPC to Staff 1-9.pdf

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IDAHO~POWER~
An IDACORP Company
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BARTON L. KLINE
Attorney
July 27 2007
Jean D. Jewell , Secretary
Idaho Public Utilities Commission
472 West Washington Street
P. O. Box 83720
Boise, Idaho 83720-0074
Re:Case No. IPC-07-
General Rate Case Filing
Dear Ms. Jewell:
Please find enclosed an original and two (2) copies of Idaho Power s Response to
the First Production Request of the Commission Staff and an original and two (2) copies of
Idaho Power s Confidential Response to the First Production Request of the Commission
Staff in the above-referenced matter.
I would appreciate it if you would return a stamped copy of this transmittal letter
in the enclosed self-addressed, stamped envelope.
W*16L-
Barton L. Kline
BLK:sh
Enclosures
O. Box 70 (83707)
1221 W. Idaho St.
Boise, 10 83702
CERTIFICATE OF ATTORNEY i ...";:: "7 F; ;,; :3~)
CONFIDENTIALITY OF CERTAIN INFORMATION
General Rate Case
IPC-O7-
UTi
The undersigned attorney, in accordance with the provisions of RP 233
and the April 3 , 2007 Protective Agreement in effect for this case, hereby certifies
that in accordance with Idaho Code Sections 9-340 et seq. and 48-801 et seq.
and the orders and regulations of the Federal Energy Regulatory Commission
the following information is confidential, constitutes a trade secret or constitutes
privileged information:
and 6.
Idaho Power s response to Staff's Request for Production Nos. 1 , 2
Dated this 2ih day of July, 2007.
(l1g:
Barton L. Kline
BARTON L. KLINE ISB #1526
LISA D. NORDSTROM ISB #5733
Idaho Power Company
O. Box 70
Boise, Idaho 83707
Telephone: [phone]
FAX Telephone: [phone]
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Attorney for Idaho Power Company
Street Address for Express Mail:
1221 West Idaho Street
Boise , Idaho 83702
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR
AUTHORITY TO INCREASE ITS RATES
AND CHARGES FOR ELECTRIC
SERVICE TO ELECTRIC CUSTOMERS
IN THE STATE OF IDAHO
) CASE NO. IPC-07-
RESPONSE OF IDAHO POWER TO
THE FIRST PRODUCTION REQUEST
OF THE COMMISSION STAFF
COMES NOW , Idaho Power Company ("Idaho Power" or "the Company ) and, in
response to the First Production Request of the Commission Staff to Idaho Power
Company dated June 29 2007, herewith submits the following information:
RESPONSE OF IDAHO POWER TO THE FIRST PRODUCTION REQUEST OF
THE COMMISSION STAFF, Page
REQUEST FOR PRODUCTION NO.Please provide electronic , executable
copies of all AURORA input, output and any other files used to produce the variable
power supply expense results presented in the Company s case. Along with the files
please provide detailed instruction for making the AURORA runs.
RESPONSE TO REQUEST FOR PRODUCTION NO.
The response to this request contains confidential information and has been
supplied separately in accordance with RP 233 et seq. and the April 3, 2007 Protective
Agreement.
RESPONSE OF IDAHO POWER TO THE FIRST PRODUCTION REQUEST OF
THE COMMISSION STAFF, Page 2
REQUEST FOR PRODUCTION NO.Please provide electronic, executable
copies of all AURORA input, output and other files used to produce the marginal costs
shown in Exhibit No. 37.
RESPONSE TO REQUEST FOR PRODUCTION NO.
The response to this request contains confidential information and has been
supplied separately in accordance with RP 233 et seq. and the April 3, 2007 Protective
Agreement.
RESPONSE OF IDAHO POWER TO THE FIRST PRODUCTION REQUEST OF
THE COMMISSION STAFF, Page 3
REQUEST FOR PRODUCTION NO.What gas prices have been assumed for
the AURORA simulations? Please cite the source for these gas prices and discuss any
adjustments or assumptions made by Idaho Power with regard to the gas prices used.
RESPONSE TO REQUEST FOR PRODUCTION NO.
For 2007, a range of gas prices was used. At Henry Hub , that range was from
$5.87 per mmbtu to $9.99 per mmbtu. At Danskin and Bennett Mountain the range was
from $5.67 per mmbtu to $9.79 per mmbtu.
The 2006 IRP Gas Price Forecast was the basis for the prices used in the
AURORA simulations. The PIRA , NYMEX, IGI , EIA and Global Insight prices for
Sumas that had been obtained for the IRP analysis were updated and converted to
2007 year dollars.The prices were averaged to produce a single price at Sumas for
each of the years 2007 through 2016. A basis adjustment was made to the Sumas
price to produce prices at Henry Hub. The prices for the years 2007 through 2016 were
then averaged to produce a single price at Henry Hub of $7.93 per mmbtu.
The range described above was produced by examining the standard deviation
in actual prices at Sumas from January 1 2001 to December 31 2006. That value was
$2.05 per mmbtu , or 26% of $7.93. The low price in the range equals (1-26) times
$7.93 and the high price equals 1.26 times 7.93.
The price range was escalated by 2.1 % to produce 2008 year dollars for the
2008 AURORA run.
RESPONSE OF IDAHO POWER TO THE FIRST PRODUCTION REQUEST OF
THE COMMISSION STAFF, Page 4
The response to this request was prepared by Greg Said , Manager of Revenue
Requirement, Pricing and Regulatory Services Department, Idaho Power Company, in
consultation with Barton L. Kline, Senior Attorney and/or Lisa D. Nordstrom , Attorney II
Idaho Power Company.
RESPONSE OF IDAHO POWER TO THE FIRST PRODUCTION REQUEST OF
THE COMMISSION STAFF, Page 5
REQUEST FOR PRODUCTION NO.: Page 13-14 of the workpapers of Greg
Said show PURPA generation by project for 2005 and for 2007. Do the generation
amounts shown for 2005 represent actuals or estimates?Please provide actual
generation amounts for each project for 2006. Please reconcile the amounts shown in
the workpapers with comparable amounts on Said's Exhibit No. 34 and explain any
differences or adjustments. Do the generation amounts shown on Exhibit 34 for 2006
represent actuals or estimates? If the amounts are estimates , please explain how they
have been derived.
RESPONSE TO REQUEST FOR PRODUCTION NO.
The generation amounts shown on pages 13-14 of Greg Said's workpapers
represent normalized PURPA generation amounts. Actual PURPA generation amounts
for 2006 are shown in the attached excel spreadsheet. The annual PURPA generation
shown on Mr. Said's workpapers and in Exhibit 34, column 7 are the same. The
normalized data is calculated based on the following assumptions: (1) Only IPUC
approved agreements are included; (2) No contract expirations are assumed; (3)
Estimated generation is based on a rolling 5 year average of actual output, or less than
5 years if the project does not have 5 years of history; (4) For new projects with no
history, 100% of the contract estimated generation is used; (5) All projects are
annualized; (6) Arrow Rock Wind Project is not included in this forecast since the
agreement has been terminated.
RESPONSE OF IDAHO POWER TO THE FIRST PRODUCTION REQUEST OF
THE COMMISSION STAFF, Page 6
The response to this request was prepared by Greg Said , Manager of Revenue
Requirement, Pricing and Regulatory Services Department , Idaho Power Company, in
consultation with Barton L. Kline, Senior Attorney and/or Lisa D. Nordstrom, Attorney
Idaho Power Company.
RESPONSE OF IDAHO POWER TO THE FIRST PRODUCTION REQUEST OF
THE COMMISSION STAFF , Page 7
REQUEST FOR PRODUCTION NO.Page 5 , line 14-16 of Greg Said's direct
testimony states that the Horizon Wind project is scheduled to be on-line on January 1
2008.However, Idaho Power contract with Horizon states that the Scheduled
Operation Date for the project is December 1 , 2007 and the Guaranteed Operation Date
is March 31 2008. Please reconcile these dates.
RESPONSE TO REQUEST FOR PRODUCTION NO.
The January 1 date is Idaho Power Company s most recent assessment of the
on-line date based on information and observations of the project's construction
progress. The other two dates were provided by the project and agreed to by Idaho
Power Company at the time the contract was negotiated.
The response to this request was prepared by Greg Said, Manager of Revenue
Requirement, Pricing and Regulatory Services Department , Idaho Power Company, in
consultation with Barton L. Kline , Senior Attorney and/or Lisa D. Nordstrom , Attorney II
Idaho Power Company.
RESPONSE OF IDAHO POWER TO THE FIRST PRODUCTION REQUEST OF
THE COMMISSION STAFF, Page 8
REQUEST FOR PRODUCTION NO.Please identify any specific changes
made to transmission capacities assumed in AURORA since Idaho Power s last general
rate case.
RESPONSE TO REQUEST FOR PRODUCTION NO.
The response to this request contains confidential information and has been
supplied separately in accordance with RP 233 et seq. and the April 3, 2007 Protective
Agreement.
RESPONSE OF IDAHO POWER TO THE FIRST PRODUCTION REQUEST OF
THE COMMISSION STAFF , Page 9
REQUEST FOR PRODUCTION NO.: On page 10, line 9 through page 11 , line
12 of Greg Said's testimony, he discusses the range of modeled market prices for both
purchased power and surplus sales for the current case and for the Company
previous rate case. What is the range of prices actually experienced by Idaho Power
during 2006 for purchased power and surplus sales.
RESPONSE TO REQUEST FOR PRODUCTION NO.
The range of actual monthly prices experienced by Idaho Power during 2006
was: $37.18 (April) - $74.08 (July) for purchased power and $27.04 (May) - $61.
(December) for surplus sales.
The response to this request was prepared by Greg Said , Manager of Revenue
Requirement, Pricing and Regulatory Services Department, Idaho Power Company, in
consultation with Barton L. Kline , Senior Attorney and/or Lisa D. Nordstrom , Attorney II
Idaho Power Company.
RESPONSE OF IDAHO POWER TO THE FIRST PRODUCTION REQUEST OF
THE COMMISSION STAFF, Page 10
REQUEST FOR PRODUCTION NO.: On page 11 , line 13 through page 12
line 4 of Greg Said's testimony, he discusses increases in coal prices since the
Company s last general rate case. Are coal prices for Bridger, Valmy and Boardman
established for each year based on contracts or on some other method?Please
provide documentation showing the basis for the coal prices used in power supply
modeling for each of the three coal plants (e., partial contracts, sources for price
inflators , etc.
RESPONSE TO REQUEST FOR PRODUCTION NO.
The coal prices used for Bridger, Valmy and Boardman were established using
existing contracts and their pricing provisions. As mentioned in Mr. Said's testimony,
the coal prices also include rail transportation costs. Other costs such as railcar leases
and Nevada Use Tax are a portion of the ultimate coal price. Please find attached
documentation from these contracts.Only pertinent pricing sections have been
included and the entire contracts are available for review at the Idaho Power offices.
The response to this request was prepared by Greg Said , Manager of Revenue
Requirement, Pricing and Regulatory Services Department, Idaho Power Company, in
consultation with Barton L. Kline , Senior Attorney and/or Lisa D. Nordstrom , Attorney II
Idaho Power Company.
RESPONSE OF IDAHO POWER TO THE FIRST PRODUCTION REQUEST OF
THE COMMISSION STAFF, Page 11
REQUEST FOR PRODUCTION NO.Please provide the budgets for 2005-
2007 by cost center, the allocation method used to allocate those amounts to FERC
accounts as used in the Company s filing along with a comparison of actual FERC
account values to those budgeted and allocated.
RESPONSE TO REQUEST FOR PRODUCTION NO.
Part 1: The 2005-2007 O&M budget by cost center is attached.
Part 2: A description of the allocation of the 2007 budget to FERC accounts is
attached.
Part Based upon discussions with Staff the Company is providing a
computation of historical actual mid-year and year-end along with the historic mid-year
totals as a percent of year-end values.
2007 mid-year totals as a percent of the test year forecast will be provided after
the 2nd quarter earnings release in August.
The response to this request was prepared by Lori Smith, Vice President of
Finance and Chief Risk Officer and Greg Said , Manager of Revenue Requirement
Pricing and Regulatory Services Department, Idaho Power Company, in consultation
with Barton L. Kline , Senior Attorney and/or Lisa D. Nordstrom , Attorney II , Idaho Power
Company.
DATED at Boise, Idaho, this 2~ da
BAR ON L. KLINE
Attorney for Idaho Power Company
LISA D. NORDSTROM
Attorney for Idaho Power Company
RESPONSE OF IDAHO POWER TO THE FIRST PRODUCTION REQUEST OF
THE COMMISSION STAFF, Page 12
CERTIFICATE OF SERVICE
11..
I HEREBY CERTIFY that on this '2~day of July, 2007, I served a true and
correct copy of the within and foregoing document upon the following named parties by
the method indicated below, and addressed to the following:
Commission Staff
Weldon Stutzman
Deputy Attorney General
Donovan Walker
Deputy Attorney General
Idaho Public Utilities Commission
472 W. Washington (83702)
O. Box 83720
Boise, Idaho 83720-0074
Industrial Customers of Idaho Power
Peter J. Richardson , Esq.
Richardson & O'Leary
515 N. 2ih Street
O. Box 7218
Boise, Idaho 83702
Don Reading
Ben Johnson Associates
6070 Hill Road
Boise, Idaho 83702
Idaho Irrigation Pumpers
Association, Inc.
Eric L. Olsen
Racine , Olson , Nye, Budge & Bailey
O. Box 1391
201 E. Center
Pocatello, Idaho 83204
Anthony Yankel
29814 Lake Road
Bay Village, OH 444140
~Hand Delivered
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FAX
---X Email Weldon.stutzman~puc.idaho.qov
Donovan. walker ~ puc. idaho.qov
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-X Email peter~ richardsonandolearv.com
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FAX-X Email elo~racinelaw.net
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-X Email tonv~vankel.net
RESPONSE OF IDAHO POWER TO THE FIRST PRODUCTION REQUEST OF
THE COMMISSION STAFF, Page 13
Kroger Co.! Fred Meyer and Smiths
Michael L. Kurtz
Kurt J. Boehm
Boehm , Kurtz & Lowry
36 East Seventh Street, Suite 1510
Cincinnati, Ohio 45202
The Kroger Co.
Attn: Corporate Energy Manager (G09)
1014 Vine Street
Cincinnati, Ohio 45202
Micron Technology
Conley Ward
Michael C. Creamer
Givens Pursley
601 W. Bannock Street
O. Box 2720
Boise , Idaho 83701
Dennis E. Peseau , Ph.
Utility Resources , Inc.
1500 Liberty Street SE , Suite 250
Salem, OR 97302
Department of Energy
Lot Cooke
Acting Assistant General Counsel
United States Department of Energy
1000 Independence Ave., SW
Washington , DC 20585
Routing Symbol GC- 76
Dennis Goins
Potomac Management Group
O. Box 30225
Alexandria, VA 22310-8225
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FAX
-X Email mkurtz(g)bkllawfirm.com
kboehm (g) bkllawfirm.com
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Email
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....x.. Email cew(g)qivenspursleV.com
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RESPONSE OF IDAHO POWER TO THE FIRST PRODUCTION REQUEST OF
THE COMMISSION STAFF, Page 14
Dale Swan
Exeter Associates
5565 Sterrett Place, Suite 310
Columbia, MD 20904
Hand Delivered
- U.S. Mail
Overnight Mail
FAX
Email dswan(g)exeterassociates.com
(lnJ
Barton L. Kline
RESPONSE OF IDAHO POWER TO THE FIRST PRODUCTION REQUEST OF
THE COMMISSION STAFF, Page 15
BEFORE THE
IDAHO PUBLIC UTiliTIES COMMISSION
CASE NO. IPC-O7-
IDAHO POWER COMPANY
TT A CHMENT
The response to this request contains confidential information and has
been supplied separately in accordance with RP 233 et seq. and the April 3,
2007 Protective Agreement.
BEFORE THE
IDAHO PUBLIC UTiliTIES COMMISSION
CASE NO. IPC-O7-
IDAHO POWER COMPANY
TT A CHMENT 4
Idaho Power Company
Cogeneration and Small Power Production
2006 Net Energy Received
Barber Dam
Birch Creek
Black Canyon #3
Blind Canyon
Box Canyon
Briggs Creek
Bypass
Canyon Springs
Cedar Draw
Clear Springs Trout
CO-GEN CO
Crystal Springs
Curry Cattle Company
Dietrich Drop
Elk Creek
Falls River
Faulkner Ranch
Fisheries Dev.
Fossil Gulch Wind
Geo-Bon #2
Hailey Cspp
Hazelton A
Hazelton B
Hidden Hollow Landfill Gas
Horseshoe Bend Hydro
Horseshoe Bend Wind
Jim Knight
Kasel & Witherspoon
Koyle Small Hydro
Lateral # 10
Lemoyne
Lewandowski Farms
Little Wood Rvr Res
Littlewood Arkoosh
Low Line Canal
Lowline #2
Magic Reservoir
Magic Valley
Magic West
Malad River
Marco Ranches
Mile 28
Mitchell Butte
Mora Drop Small Hydroelectric Facility
Mud CreeklS & S
Mud CreeklWhite
Owyhee Dam Cspp
Pigeon Cove
Pocatello Waste
Pristine Springs #1
Pristine Springs Hydro #3
Reynolds Irrigation
Rim View
Rock Creek #1
Rock Creek #2
Sagebrush
Sahko Hydro
Schaffner
Shingle Creek
Shoshone #2
Shoshone Cspp
Simplot Pocatello
Snake River Pottery
Snedigar
Sunshine Power #2
Tamarack Cspp
Tasco - Nampa
Tasco - Twin Falls
Tiber Dam
Trout-
Tunnel #1
Vaagen Brothers
White Water Ranch
Wilson Lake Hydro
Net Generation (Kwh)
5B8 329
292 028
335 026
977 222
629 738
5B7 198
25,3B2 091
670 951
689 085
523 510
125 76B
204 176
632 483
742 548
595 188
725 000
358 332
975 141
026 000
089 034
491
839 977
894 699
357 200
47,464 654
977 000
507 546
931 200
073 382
428 717
622 914
152 277
685 731
4,463 135
974 107
026 948
404 498
881 621
840 000
923 826
342 862
969 376
905 022
194 717
1,491 103
434 781
926 336
583 451
1,409 065
860,448
194 780
294 097
292 662
606 797
757 661
304 544
720 912
243 133
850,922
435,496
201 911
754 528
421 709
234 780
181 949
176 623
539,492
835 000
937 022
570 013
282 000
636 701
882 920
911 131 584
Project
BEFORE THE
IDAHO PUBLIC UTiliTIES COMMISSION
CASE NO. IPC-O7-
IDAHO POWER COMPANY
TT A CHMENT 6
The response to this request contains confidential information and has
been supplied separately in accordance with RP 233 et seq. and the April 3
2007 Protective Agreement.
BEFORE THE
IDAHO PUBLIC UTiliTIES COMMISSION
CASE NO. IPC-O7-
IDAHO POWER COMPANY
TT A CHMENT 8
; ,
~(~o/aL f1I-t 13 - ~ ~~~/...
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AMENDED AND RESTATED OAL SUPPLY CONTRAC~Y). _._-. ~fv.-.
THIS AMENDED Al\TD RESTATED COAL SUPPLY CONTRACT ("Agreement ) is
made and entered into effective as of the 151 day of January, 2003, by, between and among
PACIFICORP, an Oregon corporation ("PacifiCorp ), IDAHO POWER COMPANY, an Idaho
corporation ("Idaho Power ) and BLACK BUTTE COAL COMPANY, a joint venture of KCP
Inc. and Bitter Creek Coal Company (the "Seller ). PacifiCorp and Idaho Power may sometimes
be referred to herein individually and collectively as the "Buyer." Buyer and Seller may
sometimes be referred to herein individually as a "party" and collectively as the "parties.
PRELIMINARY STATEMENTS. PacifiCorp and Rocky Mountain Energy Company are
parties to a Coal Supply Agreement dated January 1 1986, as amended. Rocky Mountain Energy
Company s interest in such Coal Supply Agreement, as amended, was assigned and transferredto Seller. Such Coal Supply Agreement, as previously amended, was further amended by
PacifiCorp and Seller (hereinafter such Coal Supply Agreement, together with all amendments
shall be referred to as the "PacifiCorp Agreement"). f;:~!'J ~ower and Rocky Mountain Energy
Company are parties to a Coal Supply Agreement dated Jarlt::ITY 1 , 1986, as amen:::':":. Rocky
Mountain Energy Company interest in such Coal Supply Agreement, as amended, was
assigned and transferred to Seller. Such Coal Supply Agreement, as previously amended, was
further amended by Idaho Power and Seller (hereinafter such Coal Supply Agreement, togeTher
with all amendments, shall be referred to as the "Idaho Power Agreement ). The parties are also
parties to a Settlement Agreement dated as of July 1 , 1993 (the "Settlement Agreement"
Buyer and Seller combined the PacifiCorp Agreement, the Idaho Power Agreement and
the Settlement Agreement into a single unified coal supply agreement, and further amended
restated and modified their agreements in their entirety pursuant to the tenus of a Coal Supply
Contract dated as of January L 1999 (the "Coal Supply Contract"). The Buyer and Seller now
desire to amend and restate the Coal Supply Contract as set forth in this Agreement.
NOW, THEREFORE , in consideration of the premises and the mutual covenants and
agreements set forth herein, and for such other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound
agree as follows:
ARTICLE
DEFINITIONS . As used in this Agreement, the following temlS shaH have the
following meanings:
1.1 ASTM"shall mean American Society for Testing and Materials.
1.2 Base Btu Quality" shall mean 9 527 Btu/lb. annual average for all Tiers, except
that it shall mean 9AOO Bm/lb. for Supplemental Tier Base Coal during calendar years
2003 2004 and 2005.
1.3 Base Price" shall mean any or all of the Tier 1 Base Price, the Tier 2 Base Price
the Tier 3 Base Price and the Supplemental Tier Base Price, as applicable, in each case in
effect on the date of detemlination.
\MF:--;DED .\ND RFSTATFD COAL Sl'PP!.\" COI\TR,-\CT
1.4 "Bridger Plant" shall mean the Jim Bridger Generating Plant, Sweetwater County,
Wyoming.
1.5 "Force Maieure Event" The tenn "Force Majeure" as used in this Agreement
shall mean any causes beyond the reasonable control and not caused by the fault or
negligence of the affected party that the affected party is unable to overcome or mitigate
such as Acts of God, acts of the public enemy, insurrections, riots, terrorist acts, strikes
or labor disputes, power, labor or material shortages, fITes, explosions, floods, major
equipment failures, interruptions to transportation, embargoes, court or commission
orders, inability to obtain necessary pennits, licenses and governmental approvals after
applying for same with reasonable diligence, geological faults or other unforeseen mining
conditions or other causes of a similar nature that wholly or partially prevent the mining,
loading, and/or delivery of coal by Seller from the Mine(s), or wholly or partially prevent
the receiving, unloading or consuming of coal by Buyer in the generation of electricity at
any of the units at the Bridger Plant. Failure to prevent or settle any strike or labor
trouble shall be considered beyond the control of the party claiming such excuse fornonperfonnance. The party claiming force majeure shall give prompt notice by
telephone (to be followed by prompt written notice) as soon as possible after the
occurrence of the event of force majeure and shall promptly give the other party written
notice describing the nature of the occurrence, the measures taken and anticipated to be
taken to minimize the impact of such occurrence and its probable duration. Failure to
provide such notice shall constitute a waiver of a claim of force majeure. The party
claiming a force majeure shall have the burden of demonstrating that an event is a force
majeure and shall provide the other party with such infonnation reasonably requested by
it to verify the existence of such claimed force majeure event. The parties shall use all
commercially reasonable efforts to prevent or correct interruptions to transportation.
Payment Price" shall mean either or all of the Tier 1 Payment Price, the Tier 2
Payment Price, the Tier 3 Payment Price and the Supplemental Tier Base Payment Price
as applicable, in each case in effect on the date of detennination.
Purchase Price" shall mean any or all of the Tier 1 Purchase Price, the Tier 2
Purchase Price, the Tier 3 Purchase Price and the Supplemental Tier Base Purchase Price
as applicable, in each case in effect on the date of detennination.
1.8 "Shipment" shall mean a delivery of coal from Seller to Buyer during Seller
no1111al work shift (not more than twelve (12) hours in duration). In the case of rail
transportation
, "
Shipment" shall mean the quantity of coal contained in a single trainload.
1.9 "Supplemental Tier Base Price" shall mean $13.15 per Ton for calendar year
2003 and $13.65 per Ton for calendar years 2004 and 2005 , in each case F.B. the
Bridger Plant if from the Leucite Hills Mine or F.B. railcar if from the Black Butte
Mine.
10 "Supplemental Tier Base Coal" shall mean up to an aggregate 1 250 000 Tons of
coal required to be made available and produced by Seller pursuant to this Agreement
during calendar years 2003, 2004 and 2005 as specified in Exhibit A
AMENDED AND REST A TED COAL SUPPLY CONTRACT
11 "Supplemental Tier Base Payment Price" shall mean an amount equal to 35% of
the Supplemental Tier Purchase Price.
12 Supplemental Tier Base Purchase Price" shall mean the Supplemental Tier Base
Price, adjusted as specified in Section 9.
1.13 "System" shall mean either the Buyer s mechanical sampling system on the 01
conveyor at the Bridger Plant or the Seller s mechanical sampling system at the Black
Butte Mine, as applicable.
1.14 "Term" shall mean the term of this Agreement specified in Section 4.1 , as the
same may be extended pursuant to Section 4.2, Section 5.3 or Section 13.3(a).
1.15 "Tier 1 Base Price" shall mean $18.65 per Ton, F. D.B. the Bridger Plant if from
the Leucite Hills Mine or F.R railcar if from the Black Butte Mine.
1.16 "Tier 1 Coal"shall mean the first 1 000 000 Tons of coal required to be made
available and produced by Seller pursuant to this Agreement as specified in Exhibit A.
17 "Tier 1 Payment Price" shall mean an amount equal to 100% of the Tier
Purchase Price.
18 "Tier 1 Purchase Price" shall mean the Tier 1 Base Price, adjusted as specified in
Article 9.
1.19 "Tier 2 Base Price" shall mean $12.00 per Ton for calendar year 1999, $12.20 per
Ton for calendar years 2000 and 2001 , $12.45 per Ton for calendar years 2002 and 2003
$12.80 per Ton for calendar years 2004 and 2005 , $13.20 per Ton for calendar years
2006 and 2007, and $13.55 per Ton for calendar years 2008 and 2009 , in each case
B. the Bridger Plant if from the Leucite Hills Mine or F.railcar if from theBlack Butte Mine.
1.20 "Tier 2 Coal" shall mean the second 1 000 000 Tons of coal required to be made
available and produced by Seller pursuant to this Agreement as specified on Exhibit A
1.21 "Tier 2 Payment Price" shall mean an amount equal to 35% of the Tier 2 Purchase
Price.
22 "Tier 2 Purchase Price" shall mean the Tier 2 Base Price, adjusted as specified in
Section 9.
1.23 "Tier 3 Base Price" shall mean $9.00 per Ton for calendar year 1999, $9.20 per
Ton for calendar years 2000 and 2001 , $9.45 per Ton for calendar years 2002 and 2003
$9.85 per Ton for calendar years 2004 and 2005 , $10.30 per Ton for calendar years 2006
and 2007, $10.60 per Ton for calendar years 2008 and 2009, and $11.05 per Ton for
calendar year 2010, in each case F.B. the Bridger Plant if from the Leucite Hills Mine
or F.B. railcar if from the Black Butte Mine.
AMENDED AND RESTATED COAL SUPPLY CONTRACT
1.24 "Tier 3 Coal" shall mean the final 750 000 Tons of coal required to be made
available and produced by Seller pursuant to this Agreement as specified in Exhibit A
1.25 "Tier 3 Purchase Price" shall mean the Tier 3 Base Price, adjusted as specified in
Section 9.
1.26 "Tier 3 Payment Price" shall mean an amount equal to 35% of the Tier 3 Purchase
Price.
1.27 Ton shall mean 2 000 pounds.
ARTICLE 2
PURCHASE, PRODUCTION AND SALE OF COAL
Purchase of Coal.Subject to the terms and conditions of this Agreement, duringthe Term, Buyer agrees to either purchase, at the applicable Purchase Price, or pay for in
lieu of purchase, at the applicable Payment Price, the quantities of coal specified herein.
2.2 Production and Sale of Coal.Subject to the terms and conditions of this
Agreement, during the Term, and in exchange for the payment of the Purchase Price or
the Payment Price, as the case may be, the Seller agrees to make available and to produce
or cause to be produced from the Mines, the quantities and the quality of coal specified
herein and to sell and deliver such coal in the manner specified herein.
ARTICLE 3
SUPPLYING MINES. The coal to be sold by the Seller and purchased by the
Buyer under this Agreement shall be produced and supplied from the Seller s Black Buttemine ("Black Butte Mine ) and Leucite Hills mine ("Leucite Hills Mine ), both located
in Sweetwater County, Wyoming (individually a "Mine" and collectively, the "Mines
ARTICLE 4
TERM OF AGREEMENT.
Term . Except as otherwise provided in this Article 4, or in Section 5.3 or Section
13.3(a) hereof, the tenn of this Agreement shall commence on January 1 , 1999 and
terminate on December 31 , 2009.
4.2 Extension. During the period commencing no later than April 1, 2009 and ending
on October 31 , 2009, the parties agree to conduct good faith negotiations pertaining to a
possible renewal or extension of this Agreement. To the extent that an agreement to
renew or extend this Agreement can be reached, such agreement shall be in writing,
signed by all of the parties and shall become effective immediately following the
expiration of the Tenn.
AMENDED AND REST A TED COAL SUPPLY CONTRACT
Black Butte Mine. (a) All coal delivered from the Black Butte Mine shall be
delivered by Seller F.B. railcar at the Black Butte Mine s loadout facility. Title to and
risk of loss shall pass from Seller to Buyer at the time the coal is delivered and loaded
B. into railcars at the Black Butte Mine. Buyer shall cause trains to be provided on a
timely basis so that coal may be moved at the scheduled rate of delivery. All freight costs
and any and all other charges imposed by the rail carrier shall be paid by Buyer.
(b) At the request of Buyer, Seller shall apply freeze-proofing and/or dust
suppression agents to coal delivered from the Black Butte Mine. The freeze-proofing
and/or dust suppression agents shall be as specified by Buyer and shall be applied in the
manner and in the quantities specified by Buyer. Buyer shall provide Seller with at least
fifteen (15) days prior written notice of the initiation and tennination of any freeze-
proofing or dust suppression programs. The cost of any freeze-proofing or dust
suppression agents shall be paid by Buyer and shall be accounted for separately on
invoices submitted by Seller. The cost of freeze-proofing or dust suppression agents shall
not include any charge for applying the freeze-proofing or dust suppression and shall
only include Seller s direct costs of the product.
Leucite Hills Mine. All coal delivered from the Leucite Hills Mine shall be
delivered by Seller F.B. Buyer s coal receiving facility at the Bridger Plant. Title to
and risk of loss shall pass from Seller to Buyer at the time the coal crosses the scale on
the 01 conveyor at the Bridger Plant. Seller shall cause haul trucks to be provided on a
timely basis so that coal may be moved at the scheduled rate of delivery.
8.4 Alternate Facilities; Resales of Coal.Upon delivery by Seller to the applicable
facilities as specified in Section 8.2 and Section 8.3 above and passage of title from Seller
to Buyer, Buyer may have the coal delivered to facilities other than the Bridger Plant.
Any and all costs or liability associated with the transportation of coal to facilities other
than the Bridger Plant or use of coal at facilities other than the Bridger Plant shall be paid
by Buyer. In addition, the Buyer shall have the full right to resell such coal subject to due
compliance with all requirements of law and provided that no additional costs or
liabilities are incUlTed by the Seller.
ARTICLE 9
PRICE ADJUSTMENTS.
General.The Tier 1 Base Price shall be increased or decreased pursuant to
Sections 9.2 through 9.7. The Tier 2 Base Price, Tier 3 Base Price and Supplemental Tier
Base Price shall be increased or decreased pursuant to Section 9.7. The Base Price as
increased or decreased pursuant to this Article 9, shall be the Purchase Price. To
detennine the Purchase Price effective at any point in time, the increase or decrease of
each component shall be calculated as herein provided, and the algebraic sum of the
increases and decreases of said components shall increase or decrease, as the case may
, the Base Price. The Purchase Price and each component thereof will be rounded to the
nearest 1110 of $0.01 per Ton, or if there is no nearest 1/10, to the closest even 1/10 of
$0.01 per Ton. See Exhibit D for an example of a price fonnula calculation.
AMENDED AND RESTATED COAL SUPPLY CONTRACT
2. Real and Personal Property Taxes. The Tier 1 Base Price includes a component of
$0.120 per Ton for Real and Personal Property Taxes, computed by dividing the total real
and personal property tax assessment of the Mines from the applicable taxing authority
by the total Tons of coal sold at the Mines for the applicable period. From time to time, as
the detenninants increase or decrease, this component shall be increased or decreased
accordingly. Seller agrees to exercise all reasonable efforts to obtain the lowest possible
valuation for property tax purposes.
Federal Black Lung Tax. The Tier 1 Base Price includes $0.55 per Ton for the
Federal Black Lung Tax. As the actual tax increases or decreases, this component shall
increase or decrease accordingly.
9.4 Federal Reclamation Fee. The Tier 1 Base Price includes $0.35 per Ton for
Federal Reclamation Fees, as required by the Surface Mining Control and Reclamation
Act of 1977, as amended, assessed to all surface coal mines. As these fees increase or
decrease, this component shall increase or decrease accordingly.
Indexed Components. The following Tier 1 Base Price components shall be
increased or decreased to compensate for changes in the various mining operations items
from those in effect on November 30, 1998. Each component shall be increased or
decreased by the product of the base amount of each component multiplied by a fraction
the numerator of which is the appropriate index value as of the second month preceding
the month of Shipment, regardless of whether such available index value is preliminary
and the denominator of which is the appropriate index value as of November 1998. For
example, the calculation of the indexed components for inclusion on the January 1999
billing shall utilize the November 1998 index values and the calculation of the indexed
components for inclusion on the February 1999 billing shall utilize the December 1998
index values. Set forth in Exhibit D is an example ofthis calculation.
(a) The labor component shall be increased or decreased by the change in the
Average Hourly Earnings of Production Workers - Bituminous Coal and Lignite Mining
Index (SIC 122), which has a November 1998 index value of$19.50. The base amount of
the labor component is $5.158 per Ton.
(b) The materials and supplies component shall be increased or decreased by
the change in the Mining Machinery Parts, excluding Drills Index (BLS Code 11925301),
which has a November 1998 index value of 126.3. The base amount of the materials and
supplies component is $3.326 per Ton.
( c) The fuel component shall be increased or decreased by the change in the
Petroleum Refining - Direct Sales to End Users Index (BLS Code 29114132), which has
a November 1998 index value of 59.0. The base amount of the fuel component is $0.679
per Ton.
(d) The tires component shall be increased or decreased by the change in the
Rubber and Plastic Products - Rubber and Rubber Products Index (BLS Code 071),
which has a November 1998 index value of 115.1. The base amount of the tires
component is $0.339 peYTon.
AMENDED AND REST A TED COAL SUPPLY CONTRACT
( e) The power component shall be increased or decreased by the change in the
Electric Power and Natural Gas Utilities - Investor Owned Utilities, Mountain Region(BLS Code 498113831), which has a November 1998 index value of 93.4. The base
amount ofthe power component is $0.635 per Ton.
(f) The capital component shall be increased or decreased by the change in
the Machinery and Equipment - Construction Machinery and Equipment Index (BLS
Code 112), which has a November 1998 index value of 145.1. The base amount of the
capital component is $3.460 per Ton.
Royalties and Tax Component.Production and severance taxes are assessed on
the taxable value of the coal as computed in accordance with the laws and regulations of
the State of Wyoming. Royalties are assessed on the average Purchase Price of coal. As
of January 1 , 1999, the following rates are in effect and included as part of the Tier 1
Base Price:
Description Rate
Production Tax
Severance Tax
Royalty (Leucite Hills Mine)
Royalty (Black Butte Mine Federal)
Royalty (Black Butte Mine Private)
582%
12.500%
12.500%
10.000%
As the actual amount of taxes and/or royalties increase or decrease, either as a result of
increases or decreases in such tax or royalty rates, or statutory changes in the method of
computation of such taxes or royalties, this component shall be increased or decreased
accordingly.
Legislative and Government Im?ositions. (a) Whenever any federal, state or local
statute, enactment, rule, regulation, ordinance, order, decree, or other valid governmental
requirement materially affecting this Agreement, and not otherwise provided for hereinshall occur or become effective after January 1 , 1999, which shall cause Seller
operating costs at the Mines (excluding fines paid to governmental authorities) to be
increased or decreased, such increase or decrease shall become a component of the Base
Price and the Base Price shall be increased or decreased, monthly from the date of the
increase or decrease in Seller s operating costs by the percentage increase or decrease in
the Producer Price Index - All Industrial Commodities pursuant to the calculation in
Section 9.5. The base index value shall be the Producer Price Index - All Industrial
Commodities for the second month preceding the month of such increase or decrease in
Seller s operating costs. The adjustment shall be detennined pursuant to the following
fonnula:
Ac=
AMENDED AND REST A TED COAL SUPPLY CONTRACT
Where:
C = The proportion of the total increase or decrease in operating costs
attributable to tonnage committed to Buyer pursuant to Exhibit A
T =Tons to be produced during the remainder of the Tenn.
Ac = The proportion of the adjustment to be made to the Base Price as
appropriate for each Ton sold to Buyer under this Agreement during the effective
period of the increased costs attributable to tonnage committed to Buyer pursuant
to Exhibit A.
(b) Whenever any federal, state or local statute, enactment, rule, regulation
ordinance, order, decree or other valid governmental requirement materially affecting this
Agreement, and not otherwise provided for herein, occurs or becomes effective after
January 1 , 1999 requiring capital investment by Seller in order to supply the coal required
hereunder by Buyer, a portion of such increase or decrease shall become a component of
the Base Price from the date of the increase or decrease. The adjustment shall be
detennined pursuant to the following fonnula:
At = (((((((1 x ROR) 7 (1 - (1 + RORrN)) x NJ - IJ 7 (1 - F)J + IJ 7 TJ
Where:
I = The proportion of investment or cost of modification required by legislation or
government imposition, attributable to tonnage committed to Buyer under this
Agreement, net of any investment tax credits
ROR = .150 (Seller s cost of capital)
F = Federal income tax on ordinary income(expressed as a decimal)
N = Length of investment's minimum allowable IRS tax life (in number of years)
T = Total Tons of coal yet to be delivered to Buyer pursuant to Exhibit A
At = Total adjustment/Ton (in dollars)
(i) In the event the value of At equals 10% or less of the Base Price in
effect at the beginning of such year, then either (A) the Seller shall add to the Base Price
the value of At detennined pursuant to the above fonnula; or (B) Buyer may, at itselection, pay to Seller an amount equal to the portion of such investment which is
attributable to the total Tons of coal yet to be delivered to Buyer pursuant to Exhibit A.Such amount shall be an advance payment against coal yet to be delivered and shall be in
lieu of a continuing increase in the Base Price attributable to such investment.
(ii) If the value of At exceeds 10% of the Base Price in effect at the
beginning of such year, then Seller shall have the right exercisable by written notice
delivered to Buyer within sixty (60) days following the effective date of such imposition
AMENDED AND REST A TED COAL SUPPLY CONTRACT
to either: (A) add to the Base Price as the value of At, 10% ofthe Base Price and continue
this Agreement in effect; or (B) elect to cancel this Agreement unless Buyer shall within
thirty (30) days after receipt of such cancellation notice elect to either: (1) add the value
of At to the Base Price in the manner set forth in Section 9.7(b)(i)(A) above, in which
event the Base Price shall be so adjusted; or (2) pay the amount of such imposition
pursuant to Section 9.7(b)(i)(B) above, in which event this Agreement shall continue in
full force and effect.
(c) Whenever any federal, state, local or foreign governmental authority
enacts or adopts any statute, rule, regulation, ordinance, order, decree or other action
imposing any new tax, assessment, fee or other similar charge of any kind, associated
with cQal sold hereunder, which is not otherwise provided for herein, Buyer shall
reimburse Seller for the full amount of such tax (Ax) paid by Seller to the extent any such
tax (Ax) is not offset by reductions in other taxes paid by Seller.
Examples ofthe calculations using the fonnulas in this Section 9.7 are set forth in Exhibit
;E, attached hereto.
Btu Content of Coal.(a) Adjustments in the Purchase Price of coal delivered
hereunder shall be made for variations in the average Btu content "as delivered" from the
Base Btu Quality. Such adjustment shall be computed monthly. The price adjustment
shall equal the difference between: (i) the product of the Purchase Price of coal delivered
during the month multiplied by a fraction, the numerator of which is the average "
delivered" Btu content of coal for such month and the denominator of which is the Base
Btu Quality 9527 Btu/lb. of coal for such month and (ii) the Purchase Price of coal
delivered during the month. An example of this price adjustment is set forth in Exhibit F
attached hereto.
(b) At the end of each calendar year during the Tenn, the parties shall
calculate the total average Btu/lb. of coal delivered during such calendar year (excluding
any coal delivered as a result of a Btu shortfall detennined pursuant to this Section8(b)). In the event that the total average Btu/lb. of such coal is less than the Base Btu
Quality, then a Btu shortfall shall be calculated in accordance with Exhibit G, attachedhereto. Upon the written election of the Buyer, the Seller shall make available and will
produce, and the Buyer shall be obligated to purchase, an amount of coal not to exceed
the quantities detennined by the Btu shortfall calculation. Such coal shall be produced
and sold during the immediately following calendar year and shall be in addition to the
amount of coal otherwise required to be produced and purchased or paid for in lieu of
purchase during such following calendar year. Buyer shall include all such coal in the
requirements report or written notice provided pursuant to Section 5.4(a) or (b) hereof.
Seller shall detennine the Mine from which such coal shall be produced. The Purchase
Price for such additional quantities of coal shall be the average Purchase Price for all coal
delivered during the calendar year in which the Btu shortfall occurred. All coal delivered
and purchased pursuant to this Section 9.8(b) shall be subject to further adjustment
pursuant to the provisions of Section 9.8(a). Buyer may exercise its option pursuant to
this Section 9 .8(b) by providing Seller with written notice of such election, specifying the
quantity of coal to be purchased and produced, no later than thirty (30) days after the
detennination of any Btu shortfall.
AMENDED AND REST A TED COAL SUPPLY CONTRACT
BIDDGER COAL CONW ANY
SUPPLEMENTAL COAL SALES AGREE~rt'
2007
RLD J(fL
~)JA
Corpomae ~In~' d D
This Supplemental Coal Sales Agreement (the "Agreement"), effective January 1
2007, covers the terms and conditions of the sale by Bridger Coal Company ("Bridger
and the purchase by PacifiCorp ("Pacific ) and Idaho Power Company ("Idaho ) (Pacific
and Idaho collectively the "Buyers ) of not more than 349,400 tons of supplemental coal'
from Bridger s mine located near Rock Springs, Wyoming (the "Mine )~ All terms and
conditions not otherwise defined in this Agreement shall have the meaning set forth in the
Third Restated and Amended Coal Sales Agreement among Pacific, Idaho and Bridger
(the "Base Contract"
Ouantitv.During the period commencing January 1 2007 and ending
December 31 , 2007, Bridger shall sell and deliver to Buyers and Buyers
shall purchase and accept delivery from Bridger of not more than 349,400
tons of coal (the "Supplemental Tonnage ) to be delivered to the Jim
Bridger Plant (the "Plant"). The attached schedule (the "Delivery
Schedule ) represents Buyers' Base Contract tonnage and estimated
Supplemental Tonnage for the term of this Agreement.
Bridger agrees to the reshaping of the tonnage delivered under the Base
Contract for 2007 only. The parties acknowledge that the time of delivery
of Base Contract tons and Supplemental Tonnage may impact the overall
cost to Buyers of coal under the Base Contract, and agree to cooperate on
scheduling, to the extent practicable, to avoid such increased costs.
Bridger and Buyers agree that upon execution ohhis Agreement, Buyers
will nominate their requirements of Supplemental Tonnage for January
and February 2007 (current non-binding estimate attached). Bridger and
Buyers further agree that, by the first working day of each month during
the term of this Agreement (except the month of January), Buyers will
provide Bridger with the Supplemental Tonnage nomination for the next
succeeding month (Le. on February 1 , Buyers will nominate for March
2007). Bridger and Buyers recognize that fluctuations in generation
requirements will occur and agree that a fluctuation allowance of plus or
minus 15% will be permitted in the monthly deliveries of Supplemental
Tonnage as nominated by Buyers, provided that notice is given by Buyers
at least one week prior to the delivery period.
Bridger and Buyers agree that, concurrent with each month'
Supplemental Tonnage nomination, Buyers will provide Bridger with their
then current non-binding best estimate of monthly coal requirements underthis Agreement.
Page 1 of 8
BIDDGER COAL CONW ANY
SUPPLEMENTAL COAL SALES AGREEMENT
2007
Bridger and Buyers acknowledge that, due to conveyor system capacity
constraints, the total daily deliveries of coal, from both the Base Contract
and this Agreement, cannot regularly exceed 28 000 tons.
Notwithstanding the foregoing, except as relieved by Force Majeure
(pursuant to paragraph 6 below) Buyers shall purchase and accept delivery
of not more than 349 400 annual tons of Supplemental Tonnage on or
before December 31 , 2007; provided, however, if Buyers experience cost
or generation impacts from excessive quality variability, Buyers shall be
allowed to reduce or eliminate their Supplemental Tonnage order. In such
event, the parties shall mutually agree on a delivery schedule for all
remaining tons of coal to be delivered under the Base Contract through
Dece!TIber 31 , 2007.
Relationship With Base Contract.For the purposes of Section 6.
(Price Review) of the Base Contract, this Agreement shall be considered
as though it does not exist and shall be unaffected thereby. The tonnage
cost and prices associated with Supplemental Tonnage sold under this
Agreement shall not be included either directly or indirectly in determining
whether or not Article VI of the Base Contract has properly reflected
increases or decreases in the cost of providing coal under the Base
Contract. No Supplemental Tonnage shall be delivered pursuant to this
Agreement in any month, until Buyers have accepted delivery of the coal
to be delivered during such month from Bridger, pursuant to the terms of
the Base Contract; however, in no case shall the annual tonnage obligation
under the Base Contract be deemed increased or decreased as a result of
this Agreement.
Price.The Purchase price per ton of coal to be paid by Buyers to Bridger
under this Agreement shall be $ 16.000 per ton.
Buyers' Liabilitv. Bridger recognizes that the scheduled monthly
shipments of Supplemental Tonnage will, unless otherwise notified, be for
the account of both Idaho and Pacific. Idaho shall accept and pay for its
actual tonnage and Pacific shall accept and pay for its actual tonnage. This
split may or may not be the same split called for under the Base Contract.
Bridger agrees that Buyers shall be severally and not jointly liable for coal
delivered on their behalf.
BilIin2.Bridger will invoice Buyers separately by overnight mail service
on the 5th of each month for all Supplemental Tonnage delivered during
the prior month. Payment on all acceptable invoices will be made by wire
transfer and shall be made within fourteen (14) days of the date on which
the acceptable invoices are sent. Late payments will bear interest
provided in Section 7.02 of the Base Contract.
Page 2 of 8
:fjRiO6eL 1:) tP
UNION PACIFIC RAILROAD COMPANY
Signed Contract
Issued:
December 5, 2005
Effective:
January 1, 2006
Rates printed as of (December 5 , 2005)
Issued by:
Union Pacific Railroad Company
1400 Douglas Street
Omaha, NE 68179
UP-51866 cont'
STCC/GRQUP.STCC DESCRIPTION
' - -, "
Coal
Gener~l~teApJ:!U~lltip~:aAle!! forw:-1Ci5i8~6
Price applies in shipper owned or leased equipment.
Mileage allowance payment on private equipment will not apply.
Free time to unload will be 12 hour(s).
Price applies if minimum tender per shipment is 71 Car(s) and maximum not greater than 112 Car(s).
APPLICATION AND RATES
C()~U1\1;N ,~J'~~flj~P~Tx()NJtJ;mJft$ '
.. "
1. Rates are in U.S. dollars Per Net Ton.
Subject to a minimum lading weight of 113 tons per car.
Price applies in aluminum equipment.
Rates are in U.S. dollars Per Net Ton.
Subject to a minimum lading weight of 100 tons per car.
Price applies in standard steel equipment.
C!)12
R;3t~
STCC: 11 Coal
From: WY, BLACK BU1TES
To: WY, POINT OF ROCKS
Exp. 12/31/2006 Exp. 12/31/2006
Eff.01/01/2007 Eff. 01/01/2007
8 of8
FOURTH AMENDMEN
TO THE THIRD RESTATED AND AMENDED COAL SALES
AGREEMENT
!tZ i-I (if.
This Amendment to the Third Restated and Amended Coal Sales Agreement is entered into
effective January 1 , 2007 by and between Bridger Coal Company ("Seller ), a joint venturebetween Pacific Minerals, Inc., a Wyoming corporation, and Idaho Energy Resources
Company, a Wyoming corporation, and PacifiCorp, an Oregon corporation, and Idaho PowerCompany, an Idaho corporation (collectively "Buyers
WHEREAS, Seller is in the business of mining coal at the Bridger Mine using surface and
highwall mining extraction methods; and
WHEREAS, Seller is developing an underground mine; and
WHEREAS, the Third Restated and Amended Coals Sales Agreement requires periodic price
reviews be completed to detennine if contract pricing provisions properly reflect increases or
decreases in coal production costs and establish prices based on a levelized pricing approach
for the then current Cost of Coal Study.
NOW, THEREFORE, the parties agree to AMEND the Third Restated and Amended Coal
Sales Agreement by suspending Cost of Coal Study pricing provisions for 2007. The partiesagree that base tonnage purchases will be invoiced at $27.550 per ton in 2007. Pricingprovisions contained in Sections 6.06 through 6.13 remain in effect.
Please acknowledge your consent and approval by signing below:
ACCEPTED and AGREED:
Bridger Coal Company
By Pacific inerals, Inc.
Idaho Power Company
By:
Title 1iu,,~rf ~iIII4""
Date / zr/. 7
BY:
~ '
Title: N ~ - '?b~ ~'""-f'~
Date: -.:?:::~"2. \ t;:)
'(
PacifiCorp
\'\1'( By:
Title:
g.~ ~
l./s(o?Date:
...
OCt (2Q11
CUSTOMER COUNTERPART
RAIL TRANSPORTATION AGREEMENT
This J1greement, designated as lCC-UP-C- 50872, is made as of this lie,
~y
c::i.)zteM-~ ' 2004, by and among PORTLAND GENERAL EI,..ECTRIC
COMPANY hereinafter referred to as "Shipper , and UNION PACIFIC RAILROAD
COMPANY (UP), hereinafter referred to as "Railroad"
WHEREAS Shipper and Railroad desire to enter into an agreement whereby
Railroad shall provide transportation of Coal from Origin to Destination.
NOW, THEREFORE for and in consideration of the mutual covenants contained
herein and other good and valuable consideration, the receipt of which is hereby
acknowledged, Shipper and Railroad agree as follows:
Article I. GENERAL DEFINITIONS
For purposes of this Agreement:
A. Coal shall mean coal having a Standard Transportation Commodity Code
(STCC) that begins with the first two digits "11" as set forth in the
Standard Transportation Commodity Code Tariff STCC 6001-Series in
effect on the Effective Date of this Agreement.
Destination shall mean the Boardman Generating Station located at or
near Boardman , OR.
Loadinq Facilitv shall mean the equipment necessary to load Coal Trains
at Origin and the following support facilities vital to the loading of Coal:
rail trackage; raw Coal hopper; crusher, processing and/or preparation
plants; Coal storage facilities; and conveyor systems from raw Coal
hopper through all intermediate phases to the loading chute(s).
Mine Operator shall mean the party acting on behalf of Shipper for loading
of Coal at Origin(s) for transportation under this Agreement.
Oriqin(s)shall have the meaning given in Article IX A.
Railroad Railcar shall mean a railcar furnished by the Railroad.
Shipper Railcar shall mean a railcar furnished by Shipper at Shipper
expense.
Ton/Net Ton shall mean a net ton of 2,000 pounds.
Train shall mean a set of open-top rotary gondola railcars operated under
this Agreement as a single unit in service under load from an Origin
delivered intact to Destination and returning empty intact for reloading at
Origin.
.$.
shall mean United States Dollars.
Unloading Facilitv shall mean the equipment and rail trackage necessary
to receive railcars, remove Coal from railcars and transfer such Coal to
stockpiles and/or bunkers at Destination.
Page 1 of 15
Railroad may place the train at an available hold point until such time as Shipper
notifies Railroad that Actual Placement can be made. Constructive Placement begins
when Railroad determines a train must be placed at an available hold point because
Actual Placement has been prevented, and ends when Shipper notifies Railroad that
Actual Placement can be made. If the train is held short of Destination, transit time
from hold point to Destination shall not be included in the calculation of the Destination
Detention Charge.
An Unloading Disability means any of the following events which directly results
in the inability to unload a train at Destination: (i) an Act of God; (ii) a strike or other
labor disturb~nce; (iii) a riot or other such civil disturbance; (iv) unusual snow or ice
accumulation sufficient to prevent or delay unloading of a train; or (v) Flood; or (vi)
mechanical or electrical breakdown, explosion, or fire affecting the unloading facilities atDestination.
B. Other Applicable Provisions: Except as otherwise provided herein , this
Agreement is subject to Circular UP 6602-series, "General Rules for Loading and
Handling of Coal Trains originating in Colorado and Utah" and Circular UP 6603-series
General Rules for Loading and Handling of Coal Trains originating in Wyoming
Exception: Paragraph 1 of Item 380 in both circulars shall read as follows: "In order to
reduce the possibility of unloading delays due to frozen coal, during the period from
November 15th of each year through March 15th of each succeeding year, Shipper or
Shipper s Loading Operator shall (if and when weather conditions warrant) uniformly
treat all coal loaded into railcars with an industry-approved freeze conditioning agent in
the quantity and in accordance with the process recommended by the manufacturer of
the freeze conditioning agent used." Rates and charges in the above Circulars shall
escalate under the provisions of this Agreement.
If Shipper requests Railroad to perform any services not covered under this
Agreement or the above Circulars, charges for such services the Railroad agrees to
perform shall be established by separate agreement.
Article IX. CONTRACT RATES, ROUTES, TRAIN SIZE, WEIGHTS, AND
TRANSPORTATION CHARGES
A. Contract Rates:The Contract Rates for transportation of Coal under this
Agreement shall be as follows:
Origin(s) - UP direct: UP served mines located in the Southern Powder River Basin
Wyoming (SPRB, WY), Hanna, WY, Black Buttes, WY, Sharp, UT, Skyline, UT, Coop,
UT and Savage , UT.
Origin(s) -Interline with BNSF: BNSF served mines located in the SPRB, WYand
Northern Powder River Basin (NPRB), Wyoming and Montana.
UP - direct:
Qrjqin(s)Base Rate(s)*
Train Size
Railcars)
SPRB, WY $15.1 00 to 1 05
Page 6 of 15
multiplied by 117 net tons.
F. Calculation of Transportation Charqes:Transportation charges for a Train
transported under this Agreement shall be determined by multiplying the applicable rate
by the Minimum Train Lading Weight or the actual Train lading weight, whichever is
greater.
Article X. ADJUSTMENTS TO RATES AND OTHER CHARGES
A. Beginning April 1 , 2004 and each calendar quarter thereafter during the
Term of this Agreement , the Contract Rate(s) and all other charges assessed pursuant
to this Agreement shall be adjusted by multiplying the then applicable Contract Rate(s)
and other charges by an Adjustment Ratio. The Contract Rate(s) and other charges
may be adjusted upward or downward; provided, however, that application of the
adjustment percent shall not reduce the Contract Rate(s) below the Base Rate(s) stated
above. The adjustment ratio is equal to one (1) plus eighty percent (80%) of the
percentage change between the RCAFU index for the current quarter and the RCAFU
index for the previous quarter. Example: For the adjustment April 1 , 2004, the
adjustment ratio is equal to one (1) plus eighty percent (80%) of the percentage change
between the RCAFU index for the second quarter 2004 and the RCAFU index for the
first quarter 2004 , the mathematical equation is as follows: 1 + (((02 04 RCAFU - Q1 04
RCAFU) / Q1 04 RCAFU) * 80%).
RCAF-U shall mean the value of the Rail Cost Adjustment Factor
(Unadjusted) released by the Surface Transportation Board (STB) or its successor
organization, in accordance with the Railroad Cost Recovery Procedures (Ex Parte No.
290 , Sub No.5); andB. Contract Rate(s) and other charges adjustment shall become effective on
the first day of each calendar quarter (Le. January 1 , April 1 , July 1 and October 1), and
shall be applied retroactively if the RCAF-U is not released by that date. In the event the
STB (or successor organization) ceases to publish or significantly alters the
methodology of the RCAF-U (other than for reweighting or rebasing), Railroad and
Shipper shall determine and implement the most appropriate substitute index or indices
which most Closely matches the economic structure of the RCAF-U. The substitute
index or indices shall be used for the remainder of this Agreement. If the parties cannot
agree on a substitute index or indices within 90 days after the cancellation / alteration of
the RCAF-U, any party may submit the matter to be determined by binding arbitration
pursuant to Article XV of this Agreement.C. In the event the STB (or successor organization) rebases the RCAF-
the rebased values will be used in all adjustment calculations subsequent to the
rebasing. If the previous quarter s RCAF-U index is not restated by the STB, the parties
will restate it utilizing the methodology recommended by the Association of American
Railroads (AAR). If no methodology is recommended by the AAR, the parties will
restate these values with a linking factor calculated as the ratio of the RCAF-U as
rebased , divided by the RCAF-U on the old base, for the most recent period in which
the RCAF-U is published on both bases. This ratio will be the linking factor, which will
be multiplied by the previous quarter s RCAF-U index in need of restatement before
Page 8 of 15
making the current adjustment calculation.D. In calculating the rates and other charges adjustments, all published and
any linked RCAF-U index values will be rounded to three decimal places; the
Adjustment Ratio as well as all intermediate calculations will be rounded to three
decimal places; any linking factors which may be required will be rounded to three
decimal places; and all rates and other charges will be rounded to whole- cents. The
rounding rule used will be that any fraction less than one-half of the noted precision will
be dropped, while any fraction equal to or greater than one-half will be rounded to the
next higher value.
Article XI. FORCE MAJEUREA. An event of "Force Majeure" shall mean an actual inability of either Party
to perform an obligation imposed by this Agreement due to events beyond the control of
the affected Party, which the affected Party cannot overcome through the exercise of
due diligence under the circumstances. Events of Force Majeure shall include without
limitation acts of God; acts of the public enemy; blockages; labor stoppage; riots;
disorders; storms; landslides; floods; washouts; earthquakes; lightning; civil
disturbances; restraint by court or public authority; boycotts; embargoes; acts of military
authorities; unusual snow or ice accumulation; shortage of fuel for locomotives;
derailments; actual or imminent mechanical breakdown or destruction of equipment
vital to the loading, unloading, or power generation facilities; explosion; fire; derailment;
destruction of or damage to right-of-way, including bridges; strike, lockout or other labor
disturbance; or mechanical or electrical breakdown (including shutdown for emergency
maintenance or the like which may be necessary to mitigate or eliminate the imminent
threat of explosion , fire , or mechanical or electrical breakdown) in a Loading Facility or
in a Railroad facility or in an Unloading Facility. A change in demand or projected
demand for electric power or generating facilities, whether foreseeable or not, shall not
constitute a Force Majeure. Further, a Force Majeure shall not include causes related to
traffic density or congestion on Railroads' lines or causes due to a shortage of train
crews, except labor disturbances.B. If any party is delayed in or prevel'Jted from the performance of its
obligations under this Agreement for at least seventy two (72) consecutive hours,
beginning from the time disability actually commenced , as a result of a Force Majeure
event, such party s obligations and those of such other parties affected thereby shall be
suspended for the duration of such Force Majeure; PROVIDED , HOWEVER, that the
parties shall make all reasonable efforts to continue to meet their obligations for the
duration of the Force Majeure.C. In order for a declaration of Force Majeure to be effective, the party
experiencing the Force Majeure event shall notify promptly in writing (e-mail or letter) all
other parties as to the nature of the Force Majeure, when it began , and its projected
duration. Such party also shall notify promptly in writing (e-mail or letter) all other
parties upon the cessation of the Force Majeure.D. The parties shall make all re~sonable efforts to eliminate or abate such
Force Majeure and resume their obligations expeditiously upon its cessation, except
that no party hereto will be required to acquiesce to an unfavorable settlement of any
Page 9 of 15
0 '
oo...(l. f\--A-
,",
COAL SUPPLY AGREEMENT
This Coal Supply Agreement ("Agreement ) is entered into and effective as of the
c:;. day of M, 2005 ("Effective Date ) and is between Buckskin Mining Company
Seller ), a Delaware corporation and Portland General Electric Company ("PGE"), an
Oregon corporation. .
Seller agrees to sell and deliver to PGE, and PGE agrees to purchase and receive
from Seller, coal in the quantity and of the quality specified herein, upon the following
tenns and ~onditions:
Term
The term of this Agreement shall be for the period from the Effective Date
through December 31,.2008.
Quantity and Deliveries
1. Coal Quantity. During the term of this Agreement, PGE shall have the
obligation to purchase and receive and Seller shall have the obligation to sell and deliver
Six Million, Nine Hundred Thousand (6,900 000) tons of coal ("Contract Quantity"),
provided, however that at PGE's election the Contract Quantity _may be increased to
maximum of Eight Million, One Hundred Thousand (8,100,000) tons of coal as set forth
in Exhibit A. The Contract Quantity for each of 2006, 2007 and 2008 is as set forth in
Exhibit A. From the Effective Date and on or before December 1 of each year, PGE will
use its best efforts to provide to Seller an estimate of the monthly quantities PGE expects
to purchase for the following calendar year, provided, however that nothing contained
herein will prevent PGE from varying such estimated monthly quantities as its operations
may dictate.
2. Unit Train Deliveries. All deliveries under this Agreement shall be made
to unit trains supplied by PGE's Carrier at Seller s train loading facility ("POD"). PGE'
Carrier shall supply unit trains compatible with the train loading facility at the POD.
Title to the coal and all risk of loss shall pass to PGE upon the completion of the loading
of each unit train at the POD. Seller shall operate its loading facility twenty four
(~4) hours per day, seven (7) days per week. PGE's Carrier will give Seller at least four
(4) hours advance notice prior to the arrival of a unit train. Seller will load to a car
average of 286,000 pounds and shall complete the loading of a unit train within four (4)
hours after actual or constructive placement by the Carrier of the fIrst car in the proper
position for loading. The maximum gross weight for any loaded coal car shall not exceed
286,000 pounds plus 2 000 pounds. If a car is loaded in excess of 286,000 pounds plus
000 pounds, then Seller shall be responsible for reducing excess lading. If a car is
loaded on a total train average to less than 286,000 pounds, then Seller shall be
responsible for any additional costs charged by PGE's Carrier. Detention Charges
(hereinafter described) imposed by PGE's Carrier for loading time (including time spent
1 - COAL SUPPLY AGREEMENT
reducing excess lading of overloaded cars) in excess of four (4) hours will be for Seller
account unless attributed to PGE or PGE's Carrier. Seller shall reimburse PGE for any
charges imposed by Carner for overloaded cars. If a unit train cannot be loaded due to
Force Majeure, Seller shall notify PGE by telephone as soon as reasonably possible.
Seller shall not load cars that contain Extraneous Materials (hereinafter defined), and
Seller shall pay all costs and expenses incurred by PGE as a result of Seller loading cars
that contain Extraneous Materials. Seller shall furnish PGE's Carrier such documents
(mine manifest, etc.) as PGE's Carrier shall require. For purposes of this Agreement
Detention Charges" means any and all charges imposed by PGE's Carner for delays or
detention .during the loading or unloading of unit train at the POD, and "Extraneous
Materials" means tramp metal, mine debris, and overburden and other similar type of
impurities that are not coal.
Price. Payment Terms
1. Price. The price of coal purchased under this Agreement is inclusive of all
taxes, royalties, reclamation obligations, and all other considerations of every nature
which are assessed or may be assessed as a result of the production, shipment, and sale of
coal pursuant to this Agreement. Seller s acceptance of the amounts paid by PGE for coal
delivered under this Agreement, provided such payments by PGE constitute all amounts
due and owing under the relevant invoice, shall constitute full and final settlement of any
and all claims by Seller for costs or expenses (including without limitation, taxes, fees,
governmental impositions, assessments, premiums, fines and penalties) incurred or paid
by Seller, either while this Agreement is in effect or at any time in the future, with respect
to the production, shipment, or sale of coal pursuant to this Agreement. PGE is not liable
for and shall have no obligation to make any contributions to any civil award or private
citizen judgment imposed on Seller as a result of the. sale of coal under this Agreement.
In addition, Seller agrees to defend, indemnify, and hold PGE harmless from and against
any claim or liability for any such taxes, fees, governmental impositions, assessments,
premiums, private citizen action, fIDes or penalties. The price perton FOB rail car at the
POD for each year during the Contract Term shall be as provided below, which shall be
the Base Price. The Base Price shall be subject to adjustment only as provided in Part E
paragraphs 4,6 and 7 below.
a. For 2006 the price shall be $6.25 per ton FOB rail car at the Seller
loading facility, which price shall be the Base Price. The Base Price shall be subject to
adjustment only as provided herein,
b. For 2007 the price shall be: (i) for the fIrst One Million, Three
Hundred and Fifty tons, $6.50 per ton FOB rail car at the Seller s loading facility which
price shall be the Base Price; and (ii) for all coal above the fIrst One Million, Three
Hundred and Fifty tons, $6.75 per ton FOB rail car at the Seller s loading facility, which
price shall be the Base Price. The Base Price shall be subject to adjustment only as
provided herein, and
2 - COAL SUPPLY AGREEMENT
c. For 2008 the price shall be: (i) for the fIrst Six Hundred and
Seventy-Five Thousand, $6.75 per ton FOB rail car at the Seller s loading facility, which
price shall be the Base Price; (ii) for all coal above the fIrst Six Hundred and Seventy-
Five Thousand tons, $7.00 per ton FOB rail car at the Seller s loading facility, which price
shall be the Base Price. The Base Price shall be subject to adjustment only as provided
herein.
2. Payment Terms.The Seller shall issue to PGE a semi-monthly invoice for
coal delivered pursuant to this Agreement. This invoice shall be issued for deliveries
made during the previous semi-monthly period. PGE shall pay the amount due pursuant
to such invoice within 15 days following the receipt of such invoice. The invoice shall
include information on where payment is to be made via bank wire transfer to Seller.
copy of the invoice shall be sent to PGE via fax on the date of invoice at [phone].
Invoices are to be sent to:
Portland General Electric Company
Accounts Payable Department
Generating Division
121 SW Salmon St.
Portland, OR 97204
Source
1. Coal Source. The source of coal shall be the Buckskin Mine, and delivery
shall be made FOB unit trains at Buckskin Mine load out.
2. Definition. For purposes of this Agreement, Source is the Buckskin Mine
in Wyoming from which Seller proposes to deliver coal to PGE under this Agreement.
Quality Specifications
- 1. Coal Quality Seller shall deliver coal that is substantially free of
Extraneous Materials. Seller shall use its best efforts to minimize the presence of
Extraneous Materials in the coal being delivered, and Seller shall be liable for all costs
incurred as a result of shipping coal that does not comply with these specifications. All
coal shall be run of mine crushed to a maximum size of 2" minus and shall be sampled
and analyzed as provided herein, and (except sulfur) shall meet the specifications listed in
Exhibit B attached hereto and made a part hereof, when averaged monthly on a weighted
basis and shall not exceed maximum and minimum values.
2. Sulfur Content. Sulfur content shall be determined and judged on a unit-
train, "as-received" basis. The other characteristics shall be determined and judged on a
monthly weighted
, "
as-received" basis. "As-received" quality shall mean the analytical
properties of the coal with the values expressed, including the moisture, both inherent and
surface, in the coal at the time of sampling.
3 - COAL SUPPLY AGREEMENT
the same time as the invoice required under Part C of this Agreement
, "
Price, Payment
Terms.
4. Adiustments for Heat Content.The Base Price established in Part C of
this Agreement
, "
Price, Payment Terms" shall be adjusted at the time of billing for any
variations in the weighted monthly average Btu per pound from the Target Btu per pound
by the amount determined as follows:
a. If the weighted monthly average Btu per pound value exceeds the
Guarantee~ Btu per pound on an as-received basis, the Base Price shall be adjusted by the
adjustment" amount in the following formula.
Gross
Calorific Value xlpJ
Adjustment
$ff
Where
P = Base Price, as applicable pursuant to "Price, Terms of Payment
Part C of this Agreement.
Y = Weighted monthly average Btu value per pound as determined
pursuant to Part E Quality Specifications of this Agreement.
T = Target Btu per pound pursuant to Exhibit B Quality Specifications
of this Agreement.
b. In the event that the weighted monthly average Btu value is less than
the Guaranteed Btu per pound on an as-received basis, the following equation shall be
used in place of Section 4(a) above for purposes of Btu adjustments for the month. The
Base Price shall be reduced by the "adjustment" amount changed to a positive number in
the following formula.
5 - COAL SUPPLY AGREEMENT
Gross
Calorific Value =
J ( P + 15
Adjustment
$ff
Where
P = Base Price as applicable pursuant to "Price, Terms of Payment," Part
C of this Agreement.
Y = Weighted monthly average Btu value per pound as detennined
pursuant to Part E Quality Specifications of this Agreement.
T = Target Btu per pound pursuant to Exhibit B Quality Specifications
of this Agreement.
5. Adlustments for Sulfur Content In addition to Paragraph 4 above
Adjustments for Heat Content", the Base Price established in Part C of this Agreement
Price, Payment Terms , shall be adjusted at the time of billing for sulfur content. The
nominal sulfur value for coal delivered under this Agreement is 0.80 lbs S02IMMBtu (the
nominal lbs S02&1MBtu"). For each calendar month during which coal is delivered
under this Agreement, Seller shall calculate an adjustment to the price for coal delivered
by Seller ("Sulfur Value Adjustment") as follows:
Monthly Sulfur Value Adjustment = Tons of Coal Shipped in Current
Month x Weighted Average As-Received BtuJlb in Current Month x (Nominal lbs
SO2IMMBtu - Weighted Average lbs S02&1MBtu in Current Month)I1,OOO OOO x Value
of an 802 Emissions Allowance in $ per Ton in Current Month.
The lbs S02IMMBtu is derIDed as % Sulfur + BtuJlb x 20 000.
The Value of an S02 Emissions Allowance is the Cantor S02 EA Market
Price Index ("MPf'for the previously-posted month as published by Cantor
Environmental Brokerage LP, or in the event that the MPI is temporarily or permanently
discontinued or unavailable, then the Value of an S02 Emissions Allowance shall be that
reported by any replacement index, or in the absence of a replacement index, a national
index that reports S02 Emissions Allowance.
6. Adlustments for Government hnpositions. If any government impositions
(such as federal or state levies, state severance and ad valorem production taxes, ad
valorem property taxes, state sales and use taxes and Black Lung benefits), law, rules or
regulations (including the interpretation of any of the foregoing) are enacted or amended
effective after the Effective Date, which affect the cost of producing and selling co~,
Seller will immediately give written detailed notice to PGE and any such increase or
6 - COAL SUPPLY AGREEMENT
decrease will be allocated as follows: (a) the aggregate of the increase of such costs up to
20 cents per ton of coal shall be passed through to PGE (b) the aggregate of the increase
of such costs from 21 cents to 40 per ton of coal, shall be borne by Seller; and (c) the
aggregate of the increase of such costs above 40 cents per ton of coal, shall be borne one
half by PGE and one half by Seller.
Remedies for Coal Quality
a. In the event a unit train is tested at less than the Minimum Btu
pursuant tQ Exhibit B of this Agreement
, "
Quality Specifications," and pursuant to Part E
of this Agreement, or in excess of 1.2lb SO2/Million BTU, then at PGE's election, Seller
will either return the unit train to Seller s facility for unloading or unload the unit train at
PGE's facility; however in the latter case, the Base Price for such coal shall be reduced by
$1.50 per ton FOB railcar at Seller s loading facility. Seller returns the unit train to its
acl~e1ler shallgive-P6E-a-eredit-f-0r-frei-g-ht-c-Gst-s-and~ny otbP.T c.o~ts borne by
PGE for such shipment and Seller shall pay all costs for the unloading, handling, and
transportation imposed by PGE's Carrier.
b. In the event the use of coal delivered under this Agreement results in
combustion, utilization or environmental problems that are unacceptable in the sole but
reasonable opinion of PGE, PGE shall have the right by written notice, to require Seller to
suspend all further loading and shipments for up to a 30-day period of time. During such
30-day period of time, PGE and Seller shall meet in order to attempt to resolve any such
problems in order that deliveries may resume. In the event such problems are resolved to
the mutual satisfaction of both parties, PGE shall provide timely written notice to Seller
to resume deliveries. In the event PGE and Seller are unable, in good faith, to resolve
such problems within such 30-day period, PGE shall have the right to terminate this
Agreement by written notice to Seller. In the event this Agreement is terminated pursuant
to the terms hereof, such termination shall relieve both parties from any further rights,
duties, obligations, or liabilities under this Agreement except for payment of any sums
due and owing for performance or non-performance made under this Agreement prior to
suspension.8. a. Weights.Seller shall test, calibrate, and certify its scales at the
Source approximately every six (6) months to maintain them at a scale accuracy in
accordance with the guidelines outlined in the National Bureau of Standards Handbook
#44. either party should at any time question the accuracy of these scales, such party, at
its expense, may request a prompt testing and adjustment, if necessary, of such scales.
any certification by Seller or by PGE reveals an error in such scales of more than
1/2 percent (0.5%), then the Base Price of one-half of the weight of the coal shipped over
such scales during the period since the last preceding certification shall be adjusted by the
percentage of the error shown.
b. Seller s scales are inoperative (including scales known to be in
error) and Seller is unable through best efforts to utilize any available scale(s) (tare or
7 - COAL SUPPLY AGREEMENT
COAL TRANSPORTATION AGREEMENT BNSF-12388 ~b4rllD~
This Transportation Agreement ("Agreement") is made pursuant to 49 U.C. Section 10709, among The
Burlington Northern Santa Fe Railway Company ("BNSP') and Portland General Electric ("PGE"
1. Term: This Agreement shall be effective on the date last signed below and shall continue in force
through December 31,2013, provided that the terms of Section 10 shall extend through January 31 2014and provided further that all rights and remedies which accrue prior to expiration (and all terms and
conditions necessary to construe or administer same) shall survive and be enforceable for the applicable
statute of limitations period. Service under this Agreement shall be effective on January 1 , 2004.
2. Commodity: This Agreement applies on shipments of Coal, which shall be defined as raw
unprocessed bituminous and/or sub-bituminous coal classified as Standard Transportation Commodity
Code ("STCC") No. 11212-90 on the Effective Date of this Agreement. This definition excludes
beneficiated and synthetic coal, provided, however, that coal treated with additives shall not be considered
beneficiated if the additives are used primarily for one or more of the following purposes: (1) controlling
dust; (2) enhancing precipitator performance; or (3) preventing freezing.
3. Origines) and loading: This Agreement shall apply on shipments originating from the coal mines
listed in the table below ("Origins ). Four hours Free Time will be allowed to load each unit train. Billing
for excess of Free Time will be governed by BNSF Tariff 6041-B effective on 1/24/2003.
Mine Area Mines *
Sheridan Mines:East Decker, West Decker and Spring Creek.
Gillette Mines:Buckskin.IRawhide, Eagle Butte, Fort Union, Dry Fork, Caballo
Belle Ayr, Caballo Rojo, Cordero and Coal Creek, Black
Thunder, and Jacobs Ranch.
Southern PRB Mines:North Antelope and Rochelle.
(Antelope and North Rochelle are possible via Casper, WY
pending operating approval of a required Casper, WY, routing
necessary because of south bound wyes only).
* PGE may tender shipments from new Mine Origins not listed above if said new mines are
served by BNSF, meet the loading requirements herein, and are located a. reasonable
distance from BNSPs rail track. running directly between Buckskin Junction and Bridger
Junction or between Spring Creek Junction and Dutch, WY.
4. Route: Route is BNSF direct to the UP interchange track in Spokane, W A.
5. Destination/Interchange: This Agreement shall apply on shipments from Origins to Spokane, W A, for
interchange with Union Pacific Railroad ("UP"), for furtherance on UP to PGE's Boardman Station.
6. Equipment: PGE will provide 300 owned or leased , aluminum rotary, coal cars, with a lading capacity
of 121 tons in a condition suitable for interchange pursuant to the AAR Interchange Rules as amendedfrom time to time ("Interchange Rules ) to meet PGE's obligations, at no cost to BNSF. Except to the
extent expressly provided otherwise in this Agreement, liability for loss or damage to coal cars shall be
governed by the Interchange Rules. In no event shall BNSF be liable for loss or damage caused by Acts
of God, inherent defects in PGE's equipment or improper loading or unloading. BNSF will supply
additional aluminum rotary coal cars necessary to make up three separate trainsets at the minimum
tender. If PGE's car fleet falls below 300 cars, PGE will pay to BNSF a lease fee of $400 per car per
month or $13.33 per car per day (as adjusted by Section 12) for each car short of 300 cars.
If less than 300 cars are available for use by BNSF for transporting coal under the terms of this
Agreement because BNSF has derailed or damaged PGE's cars under AAR Interchange Rules that hold
CONFIDENTIAL TRANSPORTATION CONTRACT
Page 1 of 8
COAL TRANSPORTATION AGREEMENT BNSF-12388
BNSF responsible for such damage, then PGE will be granted relief from the 300 car minimum for said
number of rail cars in question up to a maximum of six month after AAR settlement.
If less than 280 cars are available for use by BNSF for transporting. coal under the terms of this
Agreement because PGE's cars have accumulated at Destination or en route on the connecting carrier
BNSF reserves the right to charge PGE $13.33 per car per day for each day PGE's fleet is short of the
280 car threshold.
7. Weighing: The parties agree that PGE shall ensure the weight of the coal in the Coal Cars will be
determined at Origin by PGE's Origin operator. BNSF shall not be responsible for such weight
determinations. The weights ascertained by said operators shall be used for the assessment of the freight
charges. Weighing shall be performed on scales inspected semi-annually in accordance with the then-
current AAR Scale Handbook specifications for such scales, and subject to supervision and verification by
BNSF or BNSF's agent.
8. Service Maintenance: All elective maintenance on PGE Coal Cars will be done by PGE or its agent.
BNSF will only perform repairs when it reasonably determines that repairs are necessary for safe
movement of the PGE Coal Cars consistent with the AAR Field Manual.
9. Train Size and Weight: PGE will tender coal in train load increments to maximize train consist and
lading capacity. If PGE is running all three train sets under the terms of this Agreement, BNSF will
assemble trains of at least 110 cars per trainset ("Minimum Tender") and not more than 115 cars for
loading at Origin (or up to 120 cars if permitted by PGE's destination carrier) and will be responsible for
filling out PGE trains with BNSF equipment to maximize tender.
If PGE has less than 3 trainsets in service, PGE will furnish enough cars to meet the Minimum Tender;
PROVIDED, HOWEVER, that PGE will be granted relief from the Minimum Tender in the event PGE is
prevented from furnishing enough cars to meet the Minimum Tender because the cars have beendamaged by a Railroad or found en route or at Origin to be unsuitable for loading, in which case the
Minimum Tender shall be 100 cars. In no event, however, shall the BNSF be required to transport a train
set pursuant to this Agreement if the train does not consist of a minimum of 100 cars. PGE will not be
responsible for consists that move short of Minimum Tender due the BNSFs failure to fill out a trainset if
PGE has supplied enough cars to BNSF to make up the number of trains required. If PGE has not
supplied enough coal cars to BNSF (that is, enough coal cars physically on BNSF track or on Montana
Rail Link track) while running less than three trainsets, BNSF reserves the right to fill out PGE's trainsets
with BNSF equipment and charge PGE $25.00 per car per day. The minimum lading shall be 119 tons
per-car ("Minimum Lading ) and will be calculated by the average per car lading weight of all the cars in
the train. The minimum basis for freight charges shall be the Minimum Lading times the actual number of
cars in the train but not less than the Minimum Tender.
10. Capacity-Swap: PGE agrees to make its trainsets available to BNSF when PGE is not utilizing said
trainsets if they can be utilized by BNSF. In return, and subject to the availability of such trainsets, BNSFwill provide trainsets to PGE upon PGE's request. This railcar exchange will be tracked between the
parties in "railcar-days" and accounted for in a "Railcar-Day Exchange Account." Any balance due in such
account will be settled by converting to a cash payment based upon a lease rate of $400 per car per
month (or $13.33 per car per day) as adjusted by Section 12. Such settlement will occur in January 2007
January 2010 and January 2013 for the immediately preceding three year period and in January 2014 for
year 2013.
In 2004, PGE and BNSF agree to a railcar exchange in which BNSF will utilize PGE's three trairisets
during Bpardman s spring outage. In exchange, BNSF will provide a set of equipment in January 2004 and
an additional trainset upon reasonable request after the Boardman spring 2004 outage.
CONFIDENTIAL TRANSPORTATION CONTRACT
Page 2 of 8
COAL TRANSPORTATION AGREEMENT BNSF-12388
11. Base Rates: PGE shall pay BNSF the following Base Rate(s), as shown in the table below, per net
ton transported under this Agreement:
Rate(s) Beginning
Mine Area (as defined in Section 3)January 1,2004
Sheridan Mines:$ 8.
Gillette Mines:$ 8.
Southern PRB Mines $8.
12. Rate Adjustment: Effective on January 1 of each year while this Agreement remains in effect
beginning with January 1, 2005, the rates and charges set forth in this Agreement and the rates and
charges in any BNSF tariff, Circular, and other publications specifically incorporated by reference, shall be
adjusted as described below to produce the "Adjusted Rates" and "Adjusted Charges" for the ensuing
year. The Adjusted Rates and Adjusted Charges for 2005 shall be determined by applying the adjustment
to the 2004 "Base Rates" and "Base Charges ; the Adjusted Rates and Adjusted Charges for subsequent
years shall be determined by applying said adjustment to the Adjusted Rates and Adjusted Charges for
the prior year.
During 2004, the applicable rates and charges paid by PGE (the "Effective Rates" and "EffectiVe
Charges ) shall be the Base Rates and Base Charges. During 2005 and subsequent years, the Effective
Rates and Effective Charges shall in each case be the greater of the Base Rates and Base Charges, or
the Adjusted Rates and Adjusted Charges for that year.
BNSF shall notify PGE in writing of all adjustments and furnish supporting calculations, prior to the
effective date of the adjustment, or, as soon thereafter as the information necessary to calculate the
adjustment is made available by the Service Transportation Board ("STB"). The new Effective Rates and
Effective Charges so determined shall be effective retroactive to the applicable adjustment date in
question.
Adjustment Calculation: In December of each year while this Agreement remains in effect, an "Annual
Percentage Change" shall be calculated for the ensuing calendar year. The Annual Percentage Change
shall be equal to the "Rail Cost Adjustment Factor," Unadjusted for Productivity ("RCAF-), as published
by the SIB for the third quarter of the then current year ("Current Year's Third Quarter RCAF-U Forecast
Index ) minus the corresponding figure for the third quarter of the prior year (the "Prior Year s Third
Quarter RCAF-U Forecast Index ) divided by the Prior Year's Third Quarter RCAF-U Forecast Index. The
Annual Percentage Change" (in decimal) will be multiplied by eighty-three percent (83%) to produce the
Adjustment Percentage Change" (in decimal). The previous year's adjusted rates and adjusted charges
(orin the case of the January 1 2005 calculation, the base rates and base charges) are multiplied by the
Adjustment Percentage Change to produce the corresponding "Change Amounts." The prior year's
adjusted Rates and adjusted Charges (or in the case of January 1 , 2005 adjustment, the base rates and
base charges) plus the corresponding Change Amounts will equal the new year s adjusted rates and
adjusted charges. For example the first adjustment, on January 1, 2005, will measure the percentage
change from the third quarter of 2004 RCAF-U index to the third quarter of 2003 RCAF-U index level
times 83%. The following example illustrates the computations that will be involved in making that
adjustment, using hypothetical index values from the adjustment to be applicable on January 1, 2005.
Annual Percentage Change: ((032004 RCAF-U - 032003 RCAF-U) 03 2003 RCAF-Or ((1.035 -02) /1.02) = 0.0147058 Rounded = 0.014706 (decimal).
Adjustment Percentage Change: 0.014706 X .83 = 0.0122058 Rounded = 0.012207 (decimal).
Change Amount: $8.01 X 0.012206 = $ 0.09776911 rounded = $0.10 pnt.
New Adjusted Rate: $8.01 (Prior Base Rate) + $0.10 (Change Amount) = $8.11 pnt.
All calculated numbers shall be rounded to the nearest sixth digit after the decimal point (i.e. .000001499 =
000001). All final adjustment computations for Effective Rates and Effective Charges shall be rounded to
CONFIDENTIAL TRANSPORTATION CONTRACT
Page 3 of 8
COAL TRANSPORTATION AGREEMENT BNSF-12388
the nearest one cent. All rounding shall be calculated by rounding down when less than one half and
rounding up one half or greater (for example: $0.044999 = $0.04 and $0.045000 = $0.05).
If the STB or its successor agency ceases publishing or materially alters the RCAF-U and said publication
is not otherwise continued by the Association of American Railroads or successor industry trade
association, the Parties agree that the substitute index will be 83% of the Gross Domestic Product Implicit
Price Deflator ("GDP-IPD"
13. Minimum Annual Volume: PGE shall tender to BNSF under this Agreement a minimum annual
volume of 850 000 tons ("MAV') and 100% of all coal received from Mine Origins listed herein for delivery
to PGE's Boardman Station. Notwithstanding the foregoing, PGE shall be granted relief from the MAV of
850 000 tons (but not the minimum of 100% of all coal shipped from Origins for delivery to PGE'
Boardman Station) in years when hydro power is plentiful, so long as deliveries average at least 850,000
tons per year over the following three year periods (and final one year period): 2004-2006, 2007-2009
2010-2012 and 2013. By October 1 of each year PGE shall provide BNSF with a non-binding forecast of
the tons it plans to ship in the following year.
In any year that PGE fails to meet the MAV of 850 000 tons (whether or not it is relieved of said volume
commitment due to plentiful hydro supply or any other reason), PGE must tender on BNSF under this
Agreement at least 75% of all coal received at Boardman Station.
If at the 'end of a calendar year shortfall tonnage exists for 1) failure to tender the MA V of 850 000 tons, or
2) failure to ship 100% ofthe coal received shipped from Mine Origins listed herein, or 3) failure to ship
75% of all coal received at Boardman Station during years when the tonnage received at Boardman
Station is less than 850 000 tons, or 4) failure to tender the average MA V of 850 000 tons for years 2004-
2006, 2007-2009 , 2010-2012 and 2013 and said shortfall tonnage is not the result of acts or omissions
attributable to BNSF or events of Force Majeure, PGE agrees to pay BNSF as liquidated damages
agreed as reasonable and not as a penalty, an amount equal to 25% of the average effective rate paid in
the calendar year in which such shortfall tonnage accrued.
14. BNSF's Service Commitment: BNSF agrees to provide transportation services at an average
quarterly guaranteed round trip Transit Time , in hours, from Origin(s) to the Interchange ("Guaranteed
Cycle Time ), as listed in the schedule below. Guaranteed Average Cycle Time shall not include:
(1). Train loading time (which shall be calculated from the time a shipment is actually or
constructively placed for loading until shipment is released from loading for movement).
(2). Train bunching time and constructive placement time at Interchange or at the Origin Mine.
(3). Delays caused by Force Majeure as defined herein.
(4). Any delay caused by PGE (including e., bad ordered cars), UPRR or PGE's loading
. operator or any third party beyond BNSFs reasonable control.
Guaranteed Average Cycle Time shall include any time that BNSF requests the connecting carrier to hold a
unit train for any reason.
Guaranteed Average
Mine Area Cycle Time
Sheridan Mines:118 hours
Gillette Mines:128 hours
Southern PRB Mines:132 hours
Actual Placement: A unit train is defined as Actually Placed ("Actual Placement") when it arrives at that
point at the Origin Mine or Interchange where the train cannot proceed without permission from the Origin
Mine or the interchange railroad and the train crew has requested loading or interchange instructions.
Constructive Placement: If Actual Placement of a unit train at Origin Mine or Interchange is not possible
due to any cause or causes attributable to PGE or its Origin Contractor or UP, except due to an event of
Force Majeure affecting Origin Contractor or UP, the train shall be considered Constructively Placed
CONFIDENTIAL TRANSPORTATION CONTRACT
Page 4 of 8
VA\ M
UNION PACIFIC RAILROAD COMPANY
'AMES A. LORENZ
. Sr. Business Manager - Energy
Marketing & Sales
Vt,
..........
:::r~""'- L-rt;"" .I\-;~1400 Doug as treet, STOP 1260
Omaha, Nebraska 68179-1260
[phone]
Fax [phone]
December 29,2006
File: UP-51756
CONFIDENTIAL
Mr. Joe Brignola
Fuels Consultant
Nevada Power Company
O. Box 230
Las Vegas, NV 89151-0230
Mr. Tom Harvey
Fuels Management Coordinator
Idaho Power Company
1221 W. Idaho St.
Boise, ID 83707
Dear Messrs. Brignola and Harvey:
ICCNo.
CONTRACT RATE ADJUSTMENT NOTIFICATION
UP-51756
With:Sierra Pacific Power
Description:Coal; CO, UT and WY to Valmy, NV
Adjustment Formula:All Inclusive:, Index Less Fuel present 1 st Qtr 1.144 + RCAF
preceding 1st Qtr 1.112 = 2.9% or 1.029 factor
Effective Date:January 1 , 2007
Adjusted Rates:See attached.
Yours truly,
tc#:
icc #: UP-c-51756 (E)
contract with: Sierra Pacific
Method: ea Jan AII-, 1Q/1Q, NBB, 3d
Description: coal origins to Valmy, NV
1/1/2006
112
032
RATES: (Expiration: 12/31/2007)
Minimum 113 Tons Car (10,961 tons)
Per Net Ton
From North Fork
From Coop
From Savage
From Sharp
From Skyline"
From Black Buttes
From Provo (Wild Cat)
$14.
$9.
$9.
$8.
$9.
$11.
$7.
Minimum 98 Tons Car (9,506 tons)
Per Net Ton
From North Fork
From Coop
From Savage
From Sharp
From Skyline
From Black Buttes
From Provo (Wild Cat)
$15.
$10.
$10.
$9.44
$9.
$12.
$8.
copy: Jim Lorenz
JAN rebased
1/1/2007
144
029
$14.
$9.
$9.
$8.
$9.
$11.
$7.
$16.
$10.43
$10.43
$9.
$10.
$12.
$8.
,......,;;"~..~.._....".,=~""'...~ \ (\,
\1 Dr
", (jF".'-'-""".",--~,- "1 ::.:~~::::.::::--
I'ftU!IftfIIIII--------
- Ji.!:c-.
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"\II1rKR
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. t
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COAL SALES AGREEMENT
~:~~:,
~.tI~:0~L
TillS COAL SALES AGREEMENT is made effective as of the 151 day of January, 2006 by and between
SIERRA PACIFIC POWER COMPANY, a Nevada Corporation
, ("
BUYER") with its principal place of
business at 6100 Neil Road, Reno, Nevada 89511 and ARCH COAL SALES COMPANY, INC., a
Delaware corporation, individually and as Agent for Canyon Fuel Company, LLC and the independent
operating subsidiaries of Arch Coal, Inc., a Delaware corporation (collectively as "SELLER") with its
principal place of business at 1 CityPlace Drive, Suite 300, St. Louis, Missouri 63141 ("Agreement"
WITNESSETH
WHEREi\S, BUYER is a Nevada Public Utility Corporation engaged in the generation, transmission and
distribution of electric power and owns and operates the North Valmy Generation Station near Battle
Mountain, Nevada ("Valmy ), with Idaho Power Company ("IPC") owning fifty percent (50%) of
V almy; and
WHEREAS, SELLER represents and warrants it is capable of supplying coal to BUYER in accordance
with the specifications and terms and conditions set forth herein ("Coal"); and
WHEREAS, the operation of Valmy and the other StationS, defined below, is subject to stringent air
quality and other regulations and BUYER and IPC desire to achieve operational efficiencies, the Coal
must meet the specifications set forth herein; and
WHEREAS, BUYER and SELLER entered into that certain Coal Sales Agreement effective as of the 1
day of January, 2002 for the purchase and sale of Coal for use at Valmy, subject to BUYER'S right
therein to divert shipments to other generating stations, which was amended by that certain First
Amendment to the Coal Sales Agreement between the parties made effective January 1 , 2005 (as
amended, the "2002 Coal Sales Agreement"), which 2002 Coal Sales Agreement shall remain in effect for
the purchase and sale of Coal for use at Valmy, subject to BUYER'S right therein to divert shipments to
other generating stations, through December 31,2005; and
WHEREAS, in entering into this Agreement, BUYER and SELLER intend to tenninate the 2002 Coal
Sales Agreement as of December 31 , 2005, and enter into this Agreement for the purchase and sale of
Coal for use at Valmy and the other Stations, defined below, beginning January 1, 2006.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and intending to be
legally bound hereby, BUYER and SELLER agree as follows:
TERM
Unless sooner tenninated or canceled, the tenn of this Agreement ("Tenn ) shall be four (4) years
commencing January 1, 2006 and ending December 31 , 2009.
S(\)URCE MINES
A. SELLE~shall produce and deliver, and BUYER shall accept and purchase two different qualities of
Coal hereunder, referred to hereinafter as "Product A" Coal and "Product B" Coal, and SELLER
represents and warrants that it has dedicated sufficient reserves of the quality called for hereunder at
the respective mines from which Product A Coal and Product B Coal is to be supplied to meet all of
its obligations under this Agreement.
B. The primary source of Product A Coal shall be SELLER'S North Lease mine located in Carbon and
Emery Counties, Utah and served by the Union Pacific Railroad ("NL"); provided however, and
notwithstanding anything to the contrary contained elsewhere in this Agreement, that SELLER, at its
CONFIDENTIAl
SELLER delivers within three (3) months after the date of SELLER'S resumption
shipments under Article XU. NON-CONFORMING COAL, Section A., three shipments
of Coal which fail to meet anyone or more of the "Reject" limits applicable to such Coal
set forth in Exhibit A hereto
Either party commits a material breach of its obligations under this Agreement and the
breaching party fails to cure such material breach within thirty (30) days after receipt
written notice from the non-breaching party describing the breach.
BUYER or SELLER fails to pay any payment required by this Agreement when due and
such failure is not remedied within fourteen (14) days after written notice thereof,
provided however, that the payment is not subject to Article Xvll. PAYMENT.
BUYER or SELLER files a petition or otherwise commences, authorizes, or acquiesces
in the commencement of a proceeding or cause of action under any bankruptcy or similar
law for the protection of creditors; has such petition filed or a proceeding commenced
against it, otherwise becomes banlaupt or insolvent (however evidenced); fails or
unable generally to pay its debts as they become due; or seeks or becomes subject to the
appointment of an administrator, provisional liquidator, conservator, receiver, trustee
custodian or other similar official for all or substantially all of its assets.
B. In the event either party is in default, the other party may, in addition to and not in limitation of other
rights provided for in this Agreement, do one or more of the following:
XIV.
Cancel this Agreement.
Exercise all remedies available to either BUYER or SELLER under the' entire DCC
any provjsion thereof.
COAL PRICE
A. The price per ton (2000 pounds) to be paid by BUYER to SELLER for the Coal (at the "Typical
(Basis)" BTU and S02 contents set forth on Exhibit A for such Coal) delivered hereunder shall be
fixed for each calendar year for the duration of this Agreement at the prices indicated below, F.
railcars at SELLER'S Loading Facility for each Mine. This price includes all taxes, costs
compliance with all laws and regulations, royalties and other fees applicable to the production and
sale of Coal under this Agreement, except that State of Nevada Use Tax shall be to BUYER'
account.
Product A Product A Product B Make-up
Sufco DU20ut DUl!out
(Prod._
Effective January 1, 2006 $26.$27.28 $27.
Effective Janumy 1 , 2007 $28.$29.nJa $20.48
Effective Janumy 1 , 2008 $31.21 $32.nJa
Effective Janumy 1 , 2009 $33.$34.nJa
B. SELLER represents that: (i) the cost of compliance with all governmental laws and regulations in
effect as of December 31 , 2005 is included in the Coal prices effective as of January 1 , 2006, and
(ii) the cost to transport Coal by truck from Sufco to the Sharp Loading Facility located near Levan,
Utah ("Sharp ) as of July 15, 2005 is included in the price for Suf.co Coal as of that date. Subsequent
to the foregoing applicable dates (i) new laws or regulations, changes in the interpretation or
enforcement practices concerning existing laws as well as changes in existing federal, -state, and local
11 -
----..J
ONFIDENllAl
laws, rules and regulations that impose additional costs, or reduce such costs being imposed to mine,
process, transport, or sell Coal and which were not being incurred as of January 1 , 2006, as
applicable, (collectively "Change in Governmental Imposition ), and (ii) changes in the cost to
transport Coal by truck from Sufco to Sharp, shall be passed through to BUYER or SELLER, as the
case may be, pursuant to Sections C through I below. SELLER and BUYER agree that cost changes
due to changes in percentage depletion allowance shall not qualify as a Change in Governmental
Imposition. Changes in Government Imposition shall not apply to Product B Coal to be shipped in
2007.
C. There are two categories of Change in Governmental Imposition:
Any Change in Governmental Imposition that is directly assessed against SELLER as a
dollar per ton, a dollar per million Btu or as a percent of sales price, shall be passed in its
entirety to BUYER as an adjustment to the effective prices, subject to the limitations in
Section E below. Examples include, but are not limited to, regulations impacting Btu,
carbon, mercury, sodium dioxide, Federal Black Lung, Federal Reclamation Fee,
Severance Tax, and Federal Coal Royalty.
Any other Change in Governmental Imposition not described by Article XIV. COAL
PRICE, Section C.(l), shall be calculated as follows:
(a)The total Change in Governmental Imposition shall be calculated for each Mine
as each such change is incurred.
(b)The total amount calculated pursuant to Subsection (a) above shall be divided by
the total number of tons produced by the respective Mine for the applicable time
period involved to yield the dollar per ton impact.
(c)Every Change in Governmental hD.position pursuant to this Subsection (2) will
first be rounded to the nearest thousandth of a cent and then reduced by $0.10 per
ton. If the Change in Governmental Imposition is less than $0.10 per ton then
there shall be no change to the Coal prices.
D. The following procedure applies when SELLER claims that there has been a Change in
Governmental Imposition that is eligible to impact Coal prices, but the cumulative Coal price increase
for the life of this Agreement in the Governmental Imposition category is less than $2.QO per ton each
in either Subsection C.(l) or Subsection C.(2).
SELLER shall notify BUYER within sixty (60) days of the effective date of any Change
in Governmental Imposition. Such notification shall include SELLER'S non-binding
indication of whether the Change in Governmental Imposition is significant.
As soon as possible after such notification, SELLER shall provide BUYER with written
cost per ton calculations and satisfactory evidence of the pertinent Change in
Governmental Imposition. Such calculations, together with supporting documentation
and workpapers will be sufficient to allow a knowledgeable person to determine the
reasonableness and accuracy of SELLER'S calculations.
BUYER shall have ninety (90) days to review the materials provided by SELLER
pursuant to Subsection (2) above and provide SELLER with notice of acceptance or
dispute of such Change in Governmental Imposition and resulting Coal price
adjustments.
- 12-
CONADENTIAl
If BUYER accepts SELLER'S calculation of the Change in Governmental hnposition,
the Coal prices will be adjusted retroactively for a period beginning (i) on the effective
date of such Change in Governmental Imposition if SELLER'S notice of the same was
within the sixty (60) day deadline referenced in Subsection (1) above; or (ii) sixty (60)
days prior to the date of SELLER'S initial notification if SELLER failed to comply with
such deadline. BUYER or SELLER as the case may be shall make payment of a Change
in Governmental hnposition that is retroactive within twenty (20) days of SELLER'
invoice or credit memorandum, and the per ton impact shall be reflected in the revised
Coal prices for subsequent deliveries.
If BUYER or SELLER disputes such calculations, then BUYER and SELLER shall have
up to sixty (60) days from the notice of dispute to resolve the dispute. If the dispute
cannot be resolved within the sixty (60) day period, then the dispute shall be arbitrated as
set forth in Article xxllI. DISPUTE RESOLuTION, as modified by this Subsection.
The sole questions for the arbitrator to decide will be the correct amount of Change in
Governmental Imposition and the corresponding change in Coal prices. If BUYER or
SELLER elect to arbitrate a dispute arising from a Change in Governmental Impositions,
then BUYER and SELLER agree to be bound by the arbitrators' ruling and apply it
retroactively to the effective date of such Change in Governmental Imposition pursuant
Subsection D.(4) and this Agreement shall not be terminated as a result ofthe arbitrators
ruling.
E. When the Changes in Governmental hnpositionsdescribed by Article XIV. COAL PRICE, Section
(l), reach a cumulative amount exceeding $2.00 per ton, then these additional procedures will
apply following the ninety (90) day review period referenced in Section D.(3).
If BUYER accepts the validity of the charge, BUYER and SELLER agree to meet to
discuss which, if either party, agrees to absorb the amount of the Article XIV. COAL
PRICE, Section C.(l) cost that exceeds $2.00 per ton. Such meeting shall take place
within five (5) days of BUYER'S notice of acceptance as provided for in Article XIV.
COAL PRICE, Section D.(3). If either party agrees to absorb such amount, then this
Agreement shall remain in full force and effect. If neither party agrees to absorb such
amount, then this Agreement shall tenninate ninety (90) days from the meeting date.
During the final ninety (90) day period, the Coal prices shall be adjusted to reflect fifty
percent (50%) of the subject Article XIV. COAL PRICE, Section C.(l) charge and shall
not be subject to any other adjustments for a Change in Governmental Imposition for as
long as this Agreement remains in effect.
If BUYER disputes the validity of the charge, such dispute shall be resolved pursuant to
Article XIV. COAL PRICE, Section D.(S).
F. When the Change in Governmental Impositions described in Article XIV. COAL PRICE, Section
(2) reach a cumulative amount exceeding $2.00 per ton, then these additional procedures will apply
following the ninety (90) day review period referenced in Section D.(3).
If the BUXER accepts the validity of the charge, BUYER and SELLER agree to meet to
discuss which, if either party, agrees to absorb the amount of this Article XIV. COAL
PRICE, Section C.(2) cost that exceeds $2.00 per ton. Such meeting shall take place
within five (5) days of BUYER'S notice of acceptance as provided for in this Article
XIV. COAL PRICE, Section D.(3). If either party agrees to absorb such amount, then
this Agreement shall remain in full force and effect. If neither party agrees to absorb
such amount, then this Agreement shall terminate ninety (90) days from the meeting date.
During the fmal ninety (90) day period, the Coal prices shall be adjusted to reflect fifty
- 13 -
CONADENTIAI
percent (50%) of the subject Article XIV. COAL PRICE, Section C.(2), charge and shall
not be subject to any other adjustments for a Change in Governmental Imposition for as
long as this Agreement remains in effect.
If BUYER disputes the validity of the charge, such dispute shall be resolved pursuant to
this Article XIV. COAL PRICE, Section D.(5).
G. In the event that BUYER contends that SELLER has failed to claim and calculate an available
Change in Governmental Imposition, the parties agree as follows:
BUYER will give SELLER notice within sixty (60) days of the effective date that it
believes that a Change in Governmental Imposition has provided a cost saving
opportunity that should be. passed through to BUYER by an adjustment to the Coal
prices. If BUYER fails to notify SELLER of a Change in Governmental Imposition
within the required sixty (60) day period, then the effective date of the Change in
Governmental Imposition would then become sixty (60) days prior to the date of
BUYER'S initial notification unless the discovery of a Change in Governmental
Imposition occurs during annual audit by BUYER as set forth in Article XIX.
AUDIT/INSPECTION, when the effective date of any change in Coal prices shall be the
effective date of the Change in Governmental Imposition.
SELLER will then calculate the available cost changes related to such Change in
Governmental Imposition as soon as possible and calculate the related adjustment to the
Coal prices. SELLER shall provide BUYER with its calculations. and related
documentation sufficient to allow a knowledgeable person to determine the
reasonableness and accuracy of the possible cost change on a dollar per ton basis.
BUYER shall have ninety (90) days after receiving such documentation, to give SELLER
notice of acceptance or dispute of such calculations. If BUYER disputes such
calculations, then such dispute will be resolved pursuant to Article XIV. COAL PRICE
Section D.(5).
H. The cost per ton to transport Coal from Sufco to Sharp by truck (the "Sufco Trucking Rate ) as of
July 15, 2005 is $6.43. If any change occurs in the Sufco Trucking-Rate in effect for any month after
July of 2005 in which Coal is purchased and sold hereunder from Sufco, SELLER shall notify
BUYER of the change, which notice shall be accompanied by documentation satisfactory to BUYER,
and any increase or decrease in the Sufco Trucking Rate for any Coal purchased and sold hereunder
shall be shared by BUYER and SELLER equally. Any amount due to either party as a result of a
change in the Sufco Trucking Rate shall be calculated by SELLER and sent to BUYER on a quarterly
basis, and any payment or credit due shall be made within fifteen (15) days of the receipt of the
calculation.
I. BUYER and SELLER mutually agree that time is of the essence as it relates to the obligations of the
parties under this Article XIV. COAL PRICE.
xv.HEAT CONTENT ADJUSTMENT
A. If the weighted average actual "as received" heat content of all shipments of either Product A Coal or
Product B Coal shipped by SELLER in any calendar month from a single Mine (excluding any such
Coal which is subsequently rejected by BUYER) varies by more than 50 Btu from the "Typical
(Basis)" Btu/lb specified on Exhibit A hereto for such Coal from that Mine, then a -calorific value
adjustment (a "Btu Adjustment") shall be made to the price in effect during such month for all 'such
Coal from that Mine, in accordance with the following formula:
- 14-
, ,
where:
CVA =
KBTU =
CONFIDENTIAl
CV A = P x C - KBTU x T
KBTU
The Btu Adjustment in dollars per ton reflecting the price adjustment for
the weighted average actual "as received" heat content of all shipments
of either Product A Coal or Product B Coal shipped by SELLER from a
single Mine during a calendar month (excluding any such Coal which is
subsequently rejected by BUYER).
The then effective price per ton for either Product A Coal or Product B
Coal, as appropriate, from that Mine, as detennined in accordance with
Article XIV. COAL PRICE.
The weighted average actual "as received" heat content (expressed in
Btu's per pound of Coal) of all shipments of either Product A Coal or
Product B Coal shipped by SELLER from that Mine during the month
(excluding any such Coal which is subsequently rejected by BUYER).
For all shipments of either Product A Coal or Product B Coal to be
delivered and purchased from January 1 , 2006 through December 31
2006, pursuant to Article ill. QUANTITY, and for the Make-up (prod.
B) Coal to be delivered and purchased from January 1 , 2007 through
December 31,2007, pursuant to Article ill. QUANTITY:
The guaranteed heat content in Btullb (as received basis) as
follows: Sufco-ll,400, NL-ll,710, Dugout-ll,960
For all shipments of either Product A Coal or Product B Coal to be
delivered and purchased from January 1, 2007 through December 31
2009 pursuant to Article ill. QUANTITY:
The "Typical (Basis)" Btu/lb specified on Exhibit A hereto for
such Coal from that Mine.
The total number of tons of either Product A Coal or Product B Coal, as
appropriate, shipped by SELLER from that Mine during the month
(excluding any such Coal which is subsequently rejected by BUYER).
There shall be no Btu Adjustment if the weighted average actual "as received" heat content of all
shipments of either Product A Coal or Product B Coal, as appropriate, shipped by SELLER from a
single Mine during a calendar month (excluding any such Coal which is subsequently rejected by
BUYER and, therefore, not received at Valmy or any Station to which a -shipment is diverted) is
greater than or equal to (KBTU - 50), but less than or equal to fKBTU + 50) Btu/lb.
SELLER shall send BUYER a written calculation of the Btu Adjustment by Mine for Product A Coal
and Product B Coal within thirty (30) days after the end of each month. Payment or credit "Shall be
made within fifteen (15) days of receipt of the written calculation.
- 15 -
XVI.S02 ADJUSTMENTS
CONFIDENTIAl
If the weighted average actual "as received" pounds of S02 per million BTU (lbs S02/MMBTU) of
all shipments of either Product A Coal or Product B Coal shipped by SELLER from a single Mine in
any calendar month (excluding any such Coal which is subsequently rejected by BUYER) differs by
more than 0.05 lbs. SO2/MMBTU from the "Typical (Basis)" lbs. S02/IVIMBTU specified on Exhibit
A hereto for such Coal from that Mine, then a S02 adjustment (a "Sulfur Adjustment) shall be made
to the price in effect during such month for all such Coal from that Mine, in accordance with the
following fonnwa:
SO2A = ((Basis S02 - Act. S02) x C x S02 allow) /1,000 000
where:
S02A =
Basis S02
Act. S02 =
S02 allow =
The Sulfur Adjustment in dollars per ton reflecting the price adjustment
for the weighted average actual "as received" lbs. S02/MMBTU of all
shipments of either Product A Coal or Product B Coal, as appropriate
shipped by SELLER from a single Mine during a calendar month
(excluding any such Coal which is subsequently rejected by BUYER).
For all shipments of either Product A Coal or Product B Coal, as
appropriate, to be delivered and purchased from January 1,2006 through
December 31 , 2006, pursuant to Article III. QUANTITY, and for the
Make-up (prod. B) Coal to be delivered and purchased from January 1
2007 through December 31 2007, pursuant to Article III. QUANTITY:
The specification in Ibs S02/MMBTU (as received basis) for the
Mine as follows: Sufco - 0., NL ~ 0., Dugout - 1.
For all shipments of either Product A Coal or Product B Coal to be
delivered and purchased from January 1 , 2007 through December 31
2009 pursuant to Article III. QUANTITY:
The "Typical (Basis)" lbs. S02/MMBTU specified on Exhibit A hereto
for such Coal from that Mine.
The weighted average actual "as received" lbs. S02/MMBTU of all
shipments of either Product A Coal or Product B Coal, as appropriate
shipped by SELLER from that Mine during the month (excluding any
such Coal which is subsequently rejected by BUYER).
The weighted average actual "as received" heat content (expressed in
Btu's per pound of Coal) of all shipments of either Product A Coal or
Product B Coal, as appropriate, shipped by SELLER from that Mine
during the month (excluding any such Coal which is subsequently
rejected by BUYER).
The Monthly Index price ofSO2 allowances under Air Daily Indexes for
the month in dollars per ton of S02 as published by Argus Air Daily or
its equivalent.
There shall be no Sulfur Adjustment if the weighted average actual "as r-eceived" lbs -S02/MMBTU
of all shipments of either Product A Coal or Product B Coal shipped by SELLER from a single Mine
- 16 -
, . "
CONFIDENTIAl
during a calendar month (excluding any such Coal which is subsequently rejected by BUYER and,
therefore, not received at Valmy or any Station to which a shipment is diverted) is greater than or
equal to (Basis S02 + 0.05 lbs S02/MMBTU), but less than or equal to fBasis S02 - 0.05 lbs
S02/MMBTU) Btullb.
SELLER shall send BUYER a written calculation of the Sulfur Adjustment by Mine for Product A
Coal and Product B Coal within thirty (30) days after the end of each month. Payment or credit shall
be made within fifteen (15) days of receipt of the written calculation.
XVII. PAYMENT
SELLER shall promptly invoice BUYER for shipments from the 1 st through the 15th of each month, and
for shipments from the 16th through the end of each month. BUYER shall pay such invoices within 15
days of receipt. The invoices shall include train numbers, tonnage per train, price per ton, Mine source
and Loading Facility. Invoices should be sent to:
Fuels Accountant, General Accounting Department
Sierra Pacific Power Company
6100 Neil Road
Reno, ~ 89511-1133
xvm. FORCE MAJEURE
A. Definition of Force Majeure. The tenn "force majeure" as used in this Agreement shall mean any
causes beyond the control and not caused by the fault or negligence of the affected party that the
affected party is unable to overcome or mitigate, such as Acts of God, acts of the- public enemy,
insurrections, riots, strikes, or labor disputes, power, labor or material shortages, fll'es, explosions,
floods, breakdowns of or damage to plants, mines, equipment or facilities, interruptions to or
contingencies of transportation, non-perfonnance, for any reason, of BUYER'S railcarrier(s),
embargoes, court or commission orders, inability to obtain necessary permits, licenses, and
governmental approvals after applying for same with reasonable diligence, unforeseen mining
conditions or geologic faults, or other causes of a similar nature that wholly or partially prevent the
mining, loading, and/or delivery of Coal by SELLER from any of the Mines, or the receiving,
unloading or consuming of coal by BUYER in the generation of.electricity at any of the units' at
Valmy or any Station to which a shipment is diverted, or the transmission of electricity therefrom;
provided, however, that the excuse of force majeure shall not be available to SELLER if the delay or
failure in its perfonnance arises from a defect in the rights entitling SELLER to mine and remove coal
at the Mines. Failure to prevent or settle any strike or labor trouble shall be considered beyond the
control of the party claiming such excuse for nonperformance. The party claiming force majeure
shall give prompt notice by telephone as soon as possible after the occurrence of the event of force
majeure and shall promptly give the other party written notice describing the nature of the occurrence
and its probable duration.
B. Suspension of Obligations. Neither party shall be under any obligation nor subject to any liability
(except payment of invoices for Coal already delivered) for failure to perform any of its obligations
under this Agreement as the result of a force majeure event, and the obligations of the party claiming
force majeure shall be suspended to the extent made necessary by such force majeure and during its
continuance. Should the situation of a total force majeure at one or more Mine(s) exceed twelve
months, the party not claiming force majeure shall have the option to terminate the Mine source(s)
under this Agreement upon sixty (60) days written notice.
C. Full or Partial Force Majeure Tonnage Allocation. During the period that an event of force
majeure causes a complete reduction in the total quantity of Coal SELLER can deliver from one or
- 17-
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COAL SUPPLY AGREEMENT
THIS AGREEMENT made this 9th day of December, 2005 by and between
SIERRA PACIFIC POWER COMPANY, a Nevada Corporation
, ("
BUYER") with its
principal place of business at 6100 Neill Road, Reno, Nevada and BLACK BUTTE
COAL COMPANY ("SELLER") with its principal place of business at Point of Rocks,
Wyoming.
WITNESSETH
WHEREAS, BUYER is a Nevada Public Utility Corporation engaged in the
generation, transmission and distribution of electric power and owns and operates
the North Valmy Generation Station near Valmy, Nevada ("Station ), with Idaho
Power Company ("IPC") owning fifty percent of the Station; and
WHEREAS, SELLER represents and warrants it is capable of supplying coal to
BUYER in accordance with the specifications and terms and conditions set forth
herein ("Coal"); and
WHEREAS, the operation of the Station is subject to stringent air quality and other
regulations and BUYER and IPC desire to achieve operational efficiencies, the Coal
must meet the specifications set forth herein.
.. ---.--- - . -;-
THEREFORE,Tri--conslae-ratfon-6flne--mut"ualCoverianfsconfalneanerein~-
-----
-- _on.
and intending to be legally bound hereby, BUYER and SELLER agree as follows:
TERM
Unless sooner terminated or canceled, the term of this Agreement shall be four
years commencing January 1, 2006 and ending December 31 , 2009.
II.SOURCE MINE
The Coal supplied hereunder shall be produced from SELLER'S Black Butte mine
located in Sweetwater, Wyoming ("Mine
).
SELLER represents and warrants that it
has dedicated the Mine to the performance of this Agreement.
SELLER r~presents and warrants that the Mine contains a sufficient quantity of
economically recoverable coal which meets the quality specifications and quantity
requirements of this Agreement. SELLER further warrants that the title to all Coal
delivered under this Agreement shall be good and that such Coal shall be delivered
free from any claim , lien or other encumbrance. SELLER shall indemnify BUYER
against any and all expenses, damages, and liabilities resulting from breach of this
warranty.
Cancel this Agreement.
Exercise the remedies provided in ARTICLE XXI , REMEDIES.
XIV. COAL PRICE:
XV.
The price in dollars per ton (2000 pounds) to be paid by BUYER to SELLER
for the Coal delivered hereunder shall be fixed for each calendar year for the
duration of the Agreement at the prices indicated below F.B. rail cars at
SEL:LER'S Loading Facility.
Effective January 1 , 2006
Effective January 1 , 2007
Effective January 1, 2008
Effective January 1 , 2009
$17.
$17.
$18.
$18.
GOVERNMENTAL IMPOSITIONS
SELLER represents that it is substantially in compliance with all
governmental laws and regulations, royalties and other fees applicable to the
production, delivery and sale of Coal under this Agreement in effect as of the
date this Agreement is executed , and that the cost of such compliance, is
included in the price effective January 1, 2006 set forth in ARTICLE XIV
COAL PRICE, except that State of Nevada Use Tax shall be to BUYER'
account.
Subsequent to January 1, 2006, changes in federal, state or local laws,
regulations and taxes and lease royalty rates that directly increase or reduce
SELLER'S production costs at the Mine on a per ton basis, a per million BTU
basis or a percent of the selling price basis ("Changes in Government
Imposition ), are subject to be passed through to BUYER or SELLER, as the
case may be, as an adjustment to the applicable price set forth in ARTICLE
XIV, COAL PRICE, subject to the following conditions and limitations:
The amount of the Changes in Government Imposition shall be
converted into a dollar per ton amount, rounded to the nearest whole
cent and then reduced by $0.15 per ton. The amount remaining, if
any, shall be used to adjust the applicable price set forth in ARTICLE
XIV, COAL PRICE.
SELLER shall promptly notify BUYER and provide supporting
documentation for such Change in Government Imposition and a
written calculation of the dollar per ton amount of the adjustment to
the applicable price set forth in ARTICLE XIV, COAL PRICE within 60
days of the effective date of any Change in Government Imposition.
Failure of SELLER to notify BUYER, to provide supporting
documentation or to provide a written calculation of the dollar per ton
amount of the adjustment for any Change in Government Imposition
that increase the applicable price set forth in ARTICLE XIV, COAL
PRICE shall be deemed a waiver by SELLER of any adjustment for
any such Change in Government Imposition.
BUYER shall have 90 days to review the materials provided by
SELLER and provide SELLER with written notice of acceptance
dispute of the proposed change to the applicable price set forth in
. ARTICLE XIV, COAL PRICE. If accepted, to the applicable price set
forth in ARTICLE XIV, COAL PRICE will be adjusted retroactively to
the effective date of such Change in Government Imposition. If
BUYER disputes the calculation or documentation, then the parties
will have 60 days to attempt in good faith to resolve the dispute. If the
dispute cannot be resolved within the 60 day period, then the dispute
shall be submitted to arbitration in accordance with the Commercial
Arbitration Rules of the American Arbitration Association. The only
matters for the Arbitrator to decide will be the proper cost change for
any Changes in Government Imposition, the corresponding change, if
any, in the applicable price set forth in ARTICLE XIV, COAL PRICE
and the effective date of any Change in Government Imposition or the
change in the applicable price set forth in ARTICLE XIV, COAL
PRICE. The arbitration shall be conducted in the State of Nevada.
The award of the arbitrator shall be final, and judgment upon any
award rendered by the arbitrator may be entered in any court having
jurisdiction. This provision shall survive the termination of this
Agreement. Each party shall bear the expense of its own
representation and any other expenses of the arbitration proceedings
shall be borne equally, unless otherwise determined by the arbitrator.
BUYER and SELLER agree that cost changes due to loss of
productivity or changes in percentage depletion allowance shall not
qualify as Changes in Governmental Imposition.
The applicable price set forth in ARTICLE XIV, COAL PRICE, may not
be increased by more than $2.00 per ton as a result of adjustments
due to Changes in Governmental Imposition during the term of this
Agreement. Should the cumulative adjustments due to Changes in
Governmental Imposition allowed during the term of this Agreement
exceed $2.00 per ton, then BUYER and SELLER will meet within the
90 day review period specified in subsection 2, above, to discuss if
either party is willing to absorb the portion of the Changes in
Governmental Imposition that exceeds $2.00 per ton. If the affected
party agrees to absorb such amount, then the applicable price set
forth in ARTICLE XIV, COAL PRICE shall be adjusted accordingly
and the Agreement shall remain in full force and effect. If the affected
party does not agree to absorb such amount, then the Agreement will
terminate 120 days from the last meeting date. During this 120 day
period, Coal deliveries will continue on ratable basis and no
adjustment to the applicable price set forth in ARTICLE XIV, COAL
PRICE will apply.
SELLER will use its best efforts to identify on behalf of BUYER each
and every Change in Government Imposition that might decrease the
applicable price set forth in ARTICLE XIV, COAL PRICE.
XVI. QUARTERLY FUEL OIL COST ADJUSTMENT
Beginning January 1, 2006 and each April 1, July 1 and October 1 thereafter,
the applicable price set forth in ARTICLE XIV COAL PRICE, shall be
adjusted for changes in the SELLER'S cost of Fuel Oil as follows:
Quarterly Fuel Oil Cost Adjustment = FO * (A1-A2)/A2
Where:
FO = The Fuel Oil Cost Component, calculated as 12% of the
then current price set forth in ARTICLE XIV, COAL
PRICE, including any adjustment pursuant to ARTICLE
XV. GOVERNMENTAL IMPOSITION.
AI = The Current Index. U.S. Average Price of DOE Weekly
Retail On-Highway Diesel Prices obtained from the U.
Department of Energy Web site for U.S. Heating Oil,Diesel Fuel, And Distillate
(http://www.eia.doe.gov/oiLgas/petroleum/info glance/di
stillate.html) , "Data" page , navigating to the "Weekly On-
Highway Diesel Prices" page, selecting the "Prices for
Last 53 Weeks (html)" link. Determined by an arithmetic
average of the first published indices for the last week of
each of the three months comprising the quarter prior to
the quarter preceding the effective date. (For example,
the Current Index for an October effective date would be
the arithmetic average of the first published indices for
the last week of April, May and June of the same year.
A2 = The Base Index U.S. Average price of DOE Weekly
Retail On-Highway Diesel Prices obtained from the U.Department of Energy Web site
(http://www .eia.doe.gov/oil gas/petroleum/info _glance/di
stillate.html), "Data" page , navigating to the "Weekly On-
Highway Diesel Prices" page, selecting the "Prices for
Last 53 Weeks (html)" link. Determined by an arithmetic
average of the first published indices for the last week of
April, May and June of 2005, or $2.26 (2.289 + 2.160 +
336 3).
The Quarterly Fuel Oil Adjustment so calculated will be added to or
subtracted from the then current price set forth in ARTICLE XIV, COAL
PRICE, as of the effective date and shall be applied during that calendar
quarter. SELLER shall provide a written calculation of the Fuel Oil
Adjl:lstment to BUYER no later than the 10th of the month prior to the
effective date of any claimed adjustment.
Notwithstanding the foregoing, in no case shall the Coal Price be adjusted
below the pricing set forth in ARTICLE XIV. COAL PRICE, in each relevant
year.
XVII. HEAT CONTENT PENALTY/PREMIUM
In the event the weighted average heat content of all Coal shipped in month
is less than the guaranteed BTU/lb is specified in ARTICLE X, B, QUALITY
SPECIFICATIONS, then a heat content penalty in an amount determined by
the following formula, shall apply:
Heat Content Penalty = (Price Per Ton) x BTU1- BTU2 x Tons Shipped
BTU1
In the event the weighted average heat content of all coal shipped in any
month is greater than the guaranteed BTU/lb as specified in ARTICLE X, B
QUALITY SPECIFICATIONS, then a heat content premium in an amount
determined by the following formula shall apply:
Heat Content Premium = (Price Per Ton) x BTU2- BTU1 x Tons Shipped
BTU1
Where:
Price Per Ton
" =
The applicable price set forth in ARTICLE XIV
COAL PRICE;
BTU1" =The guaranteed heat content of 9500BTU/ib (as
received basis); is specified in ARTICLE X, B,
QUALITY SPECIFICATIONS;
BTU2" =The weighted average as received heat content
(as determined in accordance with ARTICLE IX,
SAMPLING AND ANALYSIS) for all Coal shipped
for the month;
Tons Shipped" = The total number of tons of Coal received for the
month.
SELLER shall send BUYER a written calculation of the Heat Content
Penalty/Premium within thirty (30) days after the end of each month. In the
event a Heat Content Penalty is due, SELLER shall make payment within
twenty (20) days of sending the written calculation. In the event a Heat
Content Premium is due, BUYER shall make payment within 20 days of
receipt of the written calculation.
XVIII. SULFUR PENAL TV/PREMIUM
In the event the weighted average sulfur content of all Coal shipped in a month
(calculated as Ibs S02 per MMBTU) is greater than 0., then SELLER shall pay
BUYER a sulfur penalty in an amount determined by the following formula:
Sulfur Penalty = (Actual SO, - 0.99) X (~U2) X (Value SO,
000,000
In the event the weighted average sulfur content of all Coal shipped in a month
(calculated as Ibs. S02 per MMBTU) is below 0.90, then BUYER shall pay SELLER
a sulfur premium in an amount determined by the following formula:
Sulfur Premium (0.90 - Actua! SOl) X (~U2) X (Va!ue SOl)
000,000
In the event the weighted average sulfur content of all Coal shipped in a month
(calculated as Ibs. S02 per MMBTU) is between 0.90 and 0.99, then no penalty or
premium shall apply for that month.
Sulfur penalty/premium formula definitions:
Actual SO2
" =
The weighted average sulfur content calculated as Ibs
S02 per MMBTU (as received basis) for all Coal shipped
for the month;
BTU2" =The weighted average as received heat content for all
Coal shipped for the month;
Value S02
" =
The average price of S02 allowances for the month in
dollars per ton of S02 determined by summing the "Air
Daily Market Price Indices" during the month divided by
the number of indices published in "Air Daily" during the
month.
Ibs S02/MMBTU shall be calculated as follows:
Ibs S02/MMBTU = % Sulfur x 20.000
BTUllb
SELLER shall send BUYER a written calculation of the Sulfur Penalty/Premium
within thirty (30) days after the end of each month. In the event a Sulfur Penalty is
due, SELLER shall make payment within twenty (20) days of sending the written
calculation. In the event a Sulfur Premium is due, BUYER shall make payment
within twenty (20) days of receipt of the written calculation.
IXX. BilLING AND PAYMENT
Invoices for Coal deliveries shall be issued on a calendar month basis by SELLER
to BUYER and shall be based on SELLER'S weights and analyses. Each invoice
shall state the quantity of Coal delivered and the price, and shall include shipping
and weighing documents. Invoices should be sent to:
Fuels Accountant, General Accounting Department
Sierra Pacific Power Company
6100 Neill Road
Reno, NV
BUYER shall pay the amount due within twenty (20) days of receipt of the invoice.
BUYER shall have the right to retain out of payments due or payments to become
due amounts which it is not able in good faith to verify or which it in good faith
disputes. BUYER shall notify SELLER in writing stating the dispute, issues and the
amounts withheld.
xx.FORCE MAJEURE
In the event of any force majeure which includes, acts of God, acts of state
or federal governmental agencies, wars, riots, strikes or other labor
disturbances, fires, floods, accidents, explosions, unforeseeable geological
conditions at the Mine, breakdown of or damage to equipment, interruption
of transportation, labor or material shortages, or other causes of a similar
nature,
not within the reasonable control of or the result of the negligence of
the party claiming relief under this Article; and
which wholly or partly affects SELLER'performance of this
Agreement, or which wholly or partly affects the shipping, receiving,
accepting, handling or using of the Coal by BUYER,
BEFORE THE
IDAHO PUBLIC UTiliTIES COMMISSION
CASE NO. IPC-O7-
IDAHO POWER COMPANY
TT A CHMENT 9
14-
Allocation of 2007 O&M Budget to FERC Account
Background - Idaho Power does not budget O&M by account. Instead, budgets are
prepared for each Cost Center, by Cost Element (Labor, Materials, Purchased Services
etc). In order to arrive at an O&M budget by FERC account, some allocation
methodology is needed.
Allocation Methodology - The 2007 O&M Expense budget (excluding Purchased
Power, Fuel Used for Generation, and PCA Related items) was allocated to FERC
account based on total year 2006 actual O&M Charges to those accounts. It was thought
that a better allocation could be produced if the historical allocators were calculated at the
Business Unit (BU) level (Delivery, Power Supply, Administrative & Corporate) rather
than for the company as a whole. These BU allocators were applied to the three BU
budgets for 2007 and the results were summarized to a company total. Incentives and the
DSM expenses relating to the Idaho Rider planned for 2007 were not parts of the detailed
cost center budgets and were added to the total company amount after the allocation
process was performed.
Exceptions - There were some exceptions to the allocation methodology described
above. Property Insurance (924 account) expense, Pension Expense (926200), and Third
Party Transmission expense (565 account) are three budget items that are identifiable in a
single or limited number of cost centers. For these accounts the known 2007 budget
amounts were used instead of an allocated amount. In 2006, account 928 had a
significant adjustment that if included in the allocation process would have caused an
allocation to 928 that was too low. Because of that, a direct input for this account was
made for the Power Supply BD. The remainder of the BU budgets was allocated based on
2006 actual numbers as described above.
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Production Request 9
O&M Budgets by Cost Center 2005-2007
Budget amounts do not include
incentive accruals or DSM Rider
expenses
Idaho Power does not budget O&M by account. Instead, budgets are prepared for each Cost Center, by
Cost Element (Labor, Materials , Purchased Services, etc). In order to arrive at O&M by FERC account for
the 2007 test year, an allocation methodology was used. No allocation of the 2005 or 2006 budget has
been performed.
2007 BudQet - reconciliation to Lori Smith Exhibit 16 paQe 6
2007 O&M Budget per ProClarity Reporting Tool (detail below)
..........................
Total 2007 O&M (see L Smith Exhibit 16 page 6)
............................................
267 400 000
799 592
15,732 910
288 932 502
Corporate Incentive
...................................................................................
Idaho DSM Rider.......................................................................................
2005 2006 2007
Budget Budget Budget
1 - O&M 100 Office of VP - Delivery 511 330 956 216 801 798
1 - O&M 149 Delivery Finance Support 913 651 987 366 901 039
0&M 152 Delivery Contract Administration 061 850 956 651 5,466,288
0&M 153 Delivery Contract Services 946 209 164 597
1 - O&M 159 Damage Claims Management 307 847 369 968 359,905
1 - O&M 210 Payette Region Oper Mgr 317 307 286 614 146 711
1 - O&M 151 Community Education Team 33,432 684 296
1 - O&M 212 Ontario Team
1 - O&M 213 Payette Region Delivery Service 861 428 952 228 426 697
1 - O&M 331 Delivery Service Leader - Payette 114 167 116,010 120 770
0&M 332 Payette Line Support 399,961 318,044 580 391
1 - O&M 334 Emmett Team 331 541 297 808 342 877
1 - O&M 335 Payette Team 355,644 1,411 905 148 562
1 - O&M 336 McCall Team 760 138 759,084 786 399
1 - O&M 330 Canyon Region Oper Mgr 233 093
1 - O&M 211 Delivery Service Leader - Canyon 114 349 117 622 124 606
1 - O&M 322 Canyon Region Delivery Service 534,488
1 - O&M 324 COC Line Support 456,671 434 289 152 581
0&M 326 Canyon Region Team 1 ,792 980 903,607 309 931
1 - O&M 310 Capital Region Oper Mgr 548,442 627 182 225 692
1 - O&M 290 Joint Trench
0&M 312 Daybreakers 825 260 924 252 960 841
0&M 313 Delivery Service Leader - Boise 111 948 113,826 123 070
0&M 316 Capital Region Lines Support 679 260 126 295 616 221
0&M 317 BOC On-Demand Line Teams 408 277 293,117 292,496
1 - O&M 318 Capital Region Service Team 307 165 222 035 983 108
1 - O&M 319 Capital Region Maintenance Crews 323,979 479 072 443 017
1 - O&M 320 East Boise/Idaho City Team 435,249 269 296
1 - O&M 321 Bench South Team 432 572 303 743
0&M 329 Mountain Home Team 531 914 503 365 476,854
0&M 333 Boise Emergency Team 322,546 513 821
1 - O&M 270 Southern Region Oper Mgr 487,130 287 976 211 621
1 - O&M 271 Twin Falls Delivery Service 626,158 664 081 701 339
1 - O&M 277 Delivery Service Leader - Twin Falls 119,444 119,868 127 335
1 - O&M 371 Hailey Team 718 613 723 610 760 302
1 - O&M 372 Mini-Cassia Team 613 762 691 636 720 731
0&M 373 Adams Family Team 447 755 476 985 451 709
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1 - O&M 374 Northside Team 543,415 548 432 626 307
1 - O&M 379 Twin Falls - West Team 512 978 585 693 508 608
1 - O&M 380 Twin Falls - East Team 342 338 469 968 437 644
1 - O&M 385 Southern Region Line Support 452 117 442 017 699,396
0&M 370 Eastern Region Oper Mgr 322,758 304 688 269 781
0&M 272 Pocatello Delivery Services 604 059 612,488 631 188
1 - O&M 375 Eastern Region Line Support 201 393 256,460 262 861
1 - O&M 376 American Falls Team 545,059 535,615 504,635
1 - O&M 377 Salmon Team 391 329 361,432 392 987
1 - O&M 378 Blackfoot Team 486 828 574 531 536 281
1 - O&M 381 Pocatello Team 944 813 998 208 122 638
1 - O&M 384 Delivery Service Leader - Pocatello 111 110 138 851 141,394
1 - O&M 150 Regional Contributions
1 -O&M 160 Customer Relations and Research Manager 703,282 911,454 901,732
1 - O&M 158 Energy Efficiency Coordination 380,149 374 795 1,411 029
1 - O&M 248 Customer Satisfaction Measurement 379,349 381 637 382 864
1 - O&M 240 Customer Service Manager 271 587 493,064 808,507
1 - O&M 242 Customer Service Process & Training 327 243 344,622
1 - O&M 244 Cash Remittance
1 - O&M 245 Customer Service Center 088 721 002 991 612 395
1 -O&M 250 Customer Service Support
1 - O&M 251 Customer Account Mgmt Center 199 336 909,837 686 099
1 - O&M 249 Metering Manager 159,573 462,826 488 688
1 - O&M 246 Corporate Meter Support 237,481 1,454 390 1,443,829
1 - O&M 214 Capital Metering 885,940 118,521 256 767
1 - O&M 215 Canyon Metering 527 211 579,342 624 313
1 -O&M 216 Payette Metering 019,306 137 131 142 713
1 - O&M 217 Canyon/Payette Metering Techs
1 - O&M 274 Southern Metering 687 502 737 072 853 702
1 - O&M 275 Eastern Metering 318 984 399 683 1,426 883
1 - O&M 236 Mobile Workforce Manager 313 087 209 370
1 - O&M 340 Lines Process Support 94,403 161 88,667
1 - O&M 347 Meth & Matis Admin 318 857 43,052
1 - O&M 390 Meth & Matis Guideline Devel 502 216 684 180,771
1 - O&M 391 Meth & Matis Training Group 447 639 482 264 523,777
1 - O&M 392 Meth & Matis Tech Advisors 923 999 271,432
1 -O&M 399 Facilities Charge Project 205,366
1 - O&M 360 Transformer Shop 147,448 136,916 167 835
1 - O&M 361 Grounds and Hot Stick Testing Lab 107 306 13,113 133 836
1 - O&M 362 Protective Equipment Assurance 104 727 103,157 105 003
1 - O&M 170 Materials - Administration
1 - O&M 171 Materials - Analyst Support 050
1 - O&M 172 Materials - Eastern Region 592
1 -O&M 173 Materials - Southern Region 630 600
1 - O&M 174 Materials - Capital Region 100 500
1 -O&M 175 Materials - Cnyn & Payette Reg 050
1 -O&M 276 Twin Falls Stores 287
1 - O&M 348 West Region Store 290
1 - O&M 349 Delivery Materials
1 - O&M 383 Pocatello Stores Team 19,804
1 -O&M 571 Stations Materials
1 - O&M 400 Station Services Manager 103,595 104 776 121 185
1 - O&M 410 Design & Construction 774
1 - O&M 415 Structural Design 111 232 101 289 510
1 - O&M 418 Control Design 647 56,993 49,432
1 - O&M 420 Construction Electrical Shop 733 392 504
1 -O&M 421 Mobile Construction Control 869 168 75,061
1 - O&M 431 Mobile Construction Structural 579 243 989
1 - O&M 432 Underground Crew 175 928 388
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1 - O&M 440 Stations Apparatus 000 105 608 109 015
1 - O&M 445 Apparatus Support 183 844 230 990 1 ,272 256
1 - O&M 452 Mobile Apparatus Transformer 637,774 623 741 595 895
1 - O&M 462 Apparatus Leader - Payette Region 794 742 833 185 866,777
1 - O&M 472 Apparatus Leader - Cap & Canyon Reg 237 729 324 859 361 075
1 - O&M 482 Apparatus Leader - Southern Reg 006 681 076,419 071 332
1 - O&M 492 Apparatus Leader - Eastern Reg 897 127 021,566 060 054
1 - O&M 450 SPC Admin 177 605 185,488 174 365
1 - O&M 455 Communications Engineering 222 619 193,432 184 900
1 - O&M 458 System Protection Engineering 423,367 543,291 585 750
1 - O&M 464 SPC Leader - Payette Region 605,380 618 766 766,979
1 - O&M 474 SPC Leader - Capital & Canyon Region 778 130 784 824 712,770
1 - O&M 484 SPC Leader - Southern Region 668 532 687 130 711 188
1 - O&M 494 SPC Leader - Eastern Region 766 645 754 514 832 090
1 - O&M 575 Asset and Project Management Manager 150,463 165,887 885
1 - O&M 363 Idaho Power Solutions 114 561 134 726 136 359
1 - O&M 577 Project and Construction Management 570 60,432 022
1 - O&M 404 Project Scheduling 364 39,450 39,450
1 - O&M 578 Asset Management 75,341 297 112,096
1 - O&M 300 Lines Engineering Manager 80,134 020 56,039
1 - O&M 342 T & D Development 031,412 117,635 184 116
1 - O&M 343 T & D Design 850 596 666,662 668,406
1 - O&M 155 PO Coordination 460 741 804 821 012 672
1 - O&M 344 T & D Maintenance 008 880 284 579 028 906
1 - O&M 345 T & D Construction Admin 580 154 372 123 845
1 - O&M 346 Equipment Resource Pool
1 - O&M 350 Rebels 163 109,066 505
1 - O&M 351 Interstate Warriors 033 100,575 164
1 - O&M 352 Recons 128,420 133,092 000
1 - O&M 353 ClumSums 129,398 133,503 131 021
1 - O&M 354 Twin Falls Blasters 23,546 523 708
1 - O&M 355 Farwest Lines 78,705 038 173,486
1 - O&M 356 Twin Falls 150,105 608 162 352
1 - O&M 357 Boise Blasters 52,310 588 536
1 - O&M 358 The Will Nots Team 911
0&M 590 Commercial Development Manager 148,730 820 546 748,594
1 - O&M 580 Grid Operations Manager 898,893 019,239 173,240
1 - O&M 581 System Transmission Operations 692 962 337 717 987 589
1 - O&M 582 Technical Operations 364 046 648,191 905 076
1 - O&M 583 Regional System Operations 517 538 952 634 276 847
1 - O&M 586 Interchange Operations 641,468 639 865 398 305
1 - O&M 587 Delivery Information Technology 458,688
1 - O&M 588 Grid Ops Training 287 210 672 872 542 288
1 - O&M 584 Delivery Planning Manager 448,902 388 219 303,742
1 - O&M 154 Load Research & Forecasting 469,442 602,957 695,550
1 - O&M 341 T&D Planning 000 821 573,519 666 027
1 - O&M 585 System Planning 708 578 547 908 538 720
1 - O&M 510 Distribution Reliability Manager
1 - O&M 598 Delivery Allocations 044 559 691 964 761 138
1 - O&M 599 Delivery Accounting Entries 566 034 566 034
1 -O&M 601 Power Supply Admin 873 303 939 794 780 533
1 - O&M 694 Power Supply Planning & Operations Admin 224 884
1 - O&M 695 Power Supply Planning 122 110 114 145 247 617
1 - O&M 660 Water Management 771 259 588 193 522 945
1 - O&M 661 River Engineering 541 598 402 075
1 - O&M 662 Cloud Seeding & Meteorology 995 730 878 851
1 - O&M 663 Operations Hydrology 469 697 578,172
1 - O&M 664 Streamflow Gauging 486 395 606,927
1 - O&M 696 Power Supply Operations 521 553 590,557 543,487
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1 -O&M 697 Energy Transactions 614,405 777 572 793 517
1 - O&M 698 Power Supply Reporting 022 371 174 068 270 176
1 - O&M 699 Power Supply Acctg Charges 548,943 847 070 994 640
1 - O&M 607 Power Production - Administration 574 081
1 - O&M 602 PP - Engineering Construction 099,244 183,182 770 786
1 - O&M 603 Hagerman PP Maint Crews 321 899 699 351 053,910
1 -O&M 615 Swan Falls 615 032 684 156 658,897
1 -O&M 616 C J Strike 983,651 096,419 974 595
1 - O&M 617 Bliss 815 086 921,580 809 948
1 - O&M 618 Lower Malad 484 697 491 544 543,629
1 - O&M 619 Upper Malad 206,490 214 333 246 153
1 - O&M 620 Lower Salmon 932 573 750,938 875 349
1 - O&M 621 Upper Salmon A 507 186 435,202 309 801
1 - O&M 622 Upper Salmon B 214,746 207,357 252 944
1 -O&M 623 Thousand Springs 283 566 301,946 296 945
1 - O&M 624 Clear Lake 23,371 20,800 36,489
0&M 625 Shoshone Falls 237,331 235,969 224 792
1 - O&M 626 Twin Falls 589,633 601,774 608 008
1 - O&M 629 Salmon Diesel 28,968 38,000 140
1 - O&M 630 Danskin 455,917 383,481 057 180
1 - O&M 631 Bennett Mountain 566 766 641 557 794 939
1 - O&M 632 American Falls 507 792 524 857 700 116
1 - O&M 635 Milner 624 946 866 316 595 625
1 - O&M 604 Oxbow PP Maint Crews 166 041 717,503 856 362
0&M 606 Canyon Parks 700,883 770,718 961 329
1 - O&M 611 Hells Canyon 197 599 210,526 206 595
1 - O&M 612 Oxbow 225 657 062 047 166 798
1 - O&M 614 Brownlee 209 621 334 923 986 211
1 - O&M 638 Cascade 351 638 296,416 351 073
1 - O&M 605 Generation Dispatch 837 753 856 540 829,773
1 - O&M 608 PP Engineering - Technical Services 144 932
1 - O&M 643 Joint Ownership Admin 176 039 184 957 197 770
1 - O&M 644 Bridger 24,483,302 25,712 911 542,600
1 - O&M 645 Boardman 069,830 079,452 279 673
1 - O&M 646 Valmy 156,813 13,433,158 16,722 068
1 - O&M 680 Environmental & Relicensing Admin 215,351 275,794 230,623
0&M 670 Environmental Admin 422 150 532 503 604 727
1 - O&M 671 Environmental - Terrestial 117 670 248 076 798,537
1 - O&M 672 Environmental - Recreation 649 210 914 661 110 079
1 - O&M 673 Environmental - Water Quality 112 567 201 064 082 601
1 - O&M 674 Environnmental- Fisheries 325,235 467 804 4,431 159
1 - O&M 690 Hydro Plant Relicensing 296 058 173,731 274 022
1 -O&M 901 Marketing Communications
1 - O&M 902 Marketing Finance
1 - O&M 910 Mass Markets Admin
1 - O&M 916 Mass Markets
1 - O&M 918 National Mas Markets
1 -O&M 954 Southwest Gas
1 - O&M 912 Commercial & Institutional Mktg
1 - O&M 960 Sales Admin
1 - O&M 964 Industrial Management
1 - O&M 970 Supply and Logistics Admin
1 -O&M 975 Energy/Financial Trading Admin
1 -O&M 980 Energy Analysis & Power Transmission
1 - O&M 985 Energy Scheduling
1 - O&M 990 Energy Sales Admin
1 - O&M 999 Marketing Allocations
1 -O&M 829 Admin Services Exec 358,474 413 898 502 538
0&M 700 Treasury Admin 574 808 843 147 988,710
4 of 6
1 - O&M 720 Cash Management 885,831 765 821 122 322
0&M 722 Accounts Payable 426 291 462 557 500 148
1 -O&M 723 Cash Remittance 236 088 433 388 561 027
1 - O&M 724 Corporate Tax 832 867 878 267 082 515
1 - O&M 741 Investor Relations 112 646 180,440 699 040
1 - O&M 701 Finance Admin 250,186 249,781 333 250
1 -O&M 727 Financial Management 165,273 332,308 672 511
1 - O&M 728 Market Risk Management 257,457 271,463 275,964
1 - O&M 729 Credit Risk Management 221 262 266 185 420 983
1 - O&M 743 Insurance Services 224,859 912 104 130 598
1 -O&M 745 Strategic Analysis 353,179 343 906 503,699
1 - O&M 761 Corporate Support 750 569 786 592 517 815
1 - O&M 798 Finance Acctg Transfers
1 - O&M 830 Human Resources Exec 368 295 567 558 134 174
1 - O&M 832 Performance and Process Development
1 - O&M 833 Safety & Security 067 739 185,181 857 860
1 - O&M 834 Training and Development 182 379 029 274 354 765
1 - O&M 835 Health & Disability Programs 265 548 691 876 094 035
1 - O&M 836 Employee Relations 271 968 278 824 279,363
1 - O&M 838 Empl Programs & Services 1,456,768 1,436,017 847 556
1 - O&M 846 Hazardous Materials & Health Services 116,230 121 123 121 125
1 - O&M 831 Human Resources Payroll Benefits 654 000 531 000
1 - O&M 840 Corporate Services Administration 303 743 304 180 361 049
1 - O&M 865 Document Management 054 651 805,305 821 700
1 - O&M 866 Corporate Publishing 960 074 464 880 497 053
1 - O&M 843 Material Management 324
1 - O&M 844 Investment Recovery 953
1 - O&M 845 Purchasing 106 205 338,152 225 654
1 - O&M 851 Travel 456,043 496,428 557 287
1 - O&M 849 Building Maintenance 751 133 121,484 2,458,551
1 - O&M 853 Cafeteria 886 977 200
1 -O&M 854 Building Services 778 707 719 578 633,952
0&M 856 land Management Services 993 332 846 736 111 235
1 - O&M 850 Geographic Systems Admin 110 154 275 660 282 818
1 - O&M 852 CADD/GIS Support 1,487 889 505 135 559,586
1 -O&M 855 GIS Applications 444 802 540,478 632 802
1 - O&M 869 CADD Production 448,974 649,121 773,284
1 - O&M 848 Equipment Resource Pool 500
1 - O&M 857 Fleet Services 214)
1 - O&M 858 Fleet Fabrication 685 054 707 050 781 341
1 - O&M 859 Accounting Transfers - Corporate Services
1 - O&M 842 Corporate Inventory
0&M 860 IT Administration 751,289 062 337 225,915
1 - O&M 861 IT Budget and Planning 233,394 249 189 273,922
1 - O&M 862 IT Quality & Compliance 218,924
1 -O&M 898 Accounting Transfers - Information Services
1 - O&M 870 Technology Business Services 926 924 964 982 705,746
1 - O&M 874 IT Desktop Services 565 631 287,428 380 253
0&M 882 IT Service Desk 609 569 600 563 506 578
1 - O&M 876 IT PMO 387 930 582 982 599 709
1 - O&M 841 ERP Applications Support 110 370 200 672 657 829
1 -O&M 873 HR System & Business Process Support 520 956 577 581
0&M 875 Business Intelligence Group 247,414 681 673
1 - O&M 879 Enterprise Business Systems Application Support 636 396
1 -O&M 884 Enterprise Business Systems Tech Support 631 619
0&M 887 Delivery Applications Support 379 503 587 602
1 - O&M 886 Web & Portal Support 786,301 850 000 026,795
1 - O&M 885 CIS Support 314 216 029 706 762 239
0&M 871 IT Application Development 773 169 486,942 725 042
5 of 6
0&M 872 Customer Support/Finance 475 388
1 - O&M 880 IT Operations 824 287 528 488 145,854
1 - O&M 881 IT Operations Center 557 851 663 981 678,383
1 - O&M 883 Enterprise Applications Support 212 648 779,069
1 -O&M 891 Storage Manager & DR
1 - O&M 892 IT Network and Telecomm 949,023 773,548 591 621
1 - O&M 893 Database Administration 655,498 869,239 077 996
1 - O&M 894 Server Support 1,487 175 215 637 992 953
0&M 807 Corporate Communications 833,136 2,400 000 176 858
1 - O&M 899 Admin Services Acctg Entries (1,000 000)
1 - O&M 802 Strategic Planning
1 - O&M 804 IDACORP Financial Services
1 -O&M 805 IDACORP Communications Inc.
0&M 800 Executive 923,869 925 000 653 367
1 - O&M 825 Audit & Compliance 216 195
1 - O&M 801 Audit Services 858,379 965 000 994 661
1 - O&M 822 Code of Conduct 179 575
1 - O&M 823 Regulatory Compliance 176 516 466 100
1 - O&M 824 SEC/Sarbanes Oxley 358 031 265,493
1 - O&M 820 Information Security 851,494 952 740 974,470
1 - O&M 821 Physical Security 560,876
1 - O&M 826 Corp Security Admin
1 - O&M 803 Legislative Affairs 262,518 350 000 000
1 - O&M 808 Administrative Transfers
1 - O&M 900 IDA West
1 - O&M 998 Pricing & Regulatory Services 619,435 900 000 899 021
1 - O&M 810 Legal 770,828 110 000 570 883
1 - O&M 799 Spec Accntg Entries 252 824
0&M Subtotal 242 736 338 255 500 000 267 400,000
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