20100212IPC to Staff 2.pdf

BRITTE.IDE
Senior Counsel
bidelâidahopower.com
esIDA~PO~
An IDACORP Company
February 12, 2010
VIA HAND DELIVERY
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. IPC-E-10-01
BASE LEVEL FOR NET POWER SUPPL Y EXPENSES FOR 2010
Dear Ms. Jewell:
Enclosed for filing are an original and three (3) copies of Idaho Power Company's
Response to the Second Production Request of the Commission Staff in the above matter.
Very truly yours,~~~
Britt E. Ide
BEI:csb
Enclosures
R,CrCfi.~/r~~ .~ r'.,l,..t t... ¡::: t.
BARTON L. KLINE (ISB No. 1526)
LISA D. NORDSTROM (ISB No. 5733)
Idaho Power Company
P.O. Box 70
Boise, Idaho 83707
Telephone: [phone]
Facsimile: [phone]
bklineCãidahopower.com
InordstromCãidahopower.com
20in FEB! 2 t,~l in: 17r.. i .. ¥
Attorneys 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 TO
ESTABLISH ITS BASE LEVEL FOR NET
POWER SUPPLY EXPENSES FOR 2010.
)
) CASE NO. IPC-E-10-01
)
) IDAHO POWER COMPANY'S
) RESPONSE TO THE SECOND
) PRODUCTION REQUEST OF THE
) COMMISSION STAFF TO IDAHO
) POWER COMPANY
)
COMES NOW, Idaho Power Company ("Idaho Powet' or "the Company"), and in
response to the Second Production of Request of the Commission Staff to Idaho Power
Company dated January 27,2010, herewith submits the following information:
IDAHO POWER COMPANY'S RESPONSE TO THE SECOND PRODUCTION
REQUEST OF THE COMMISSION STAFF TO IDAHO POWER COMPANY - 1
REQUEST NO.2: For each of the PURPA wind projects listed below that are
scheduled to come online in 2010, please indicate whether Idaho Power believes that
the scheduled operation dates wil be met. Please provide all evidence supporting your
conclusion, including such things as written correspondence and e-mail between the
project developers and Idaho Power concerning project status; summaries of verbal
conversations between project developers, property owners, equipment suppliers, or
construction contractors and Idaho Power; and evidence of construction work at the
project sites. If Idaho Power does not believe that the contractual scheduled operation
dates for the projects wil be met, please provide estimates of revised operation dates.
Burley Butte Wind
Golden Valley Wind
Lava Beds Wind
Milner Dam Wind
Notch Butte Wind
Oregon Trail Wind
Pilgrim Stage Wind
Salmon Falls Wind
Thousand Springs Wind
Tuana Gulch Wind
Magic Wind Park
RESPONSE TO REQUEST NO.2: It goes without saying that Idaho Power
does not have the abilty to control the construction of PURPA projects. However, the
developer of the wind projects identified in this Request No.2, Exergy, recently met with
Idaho Power representatives to discuss the current status of its projects. Based on
those discussions, on January 28, 2010, Randy Allphin sent a letter to Rick Sterling in
which he described the information recently provided to Idaho Power by Exergy. A copy
of that letter is enclosed with this response as Attachment No.1. Also enclosed
(Attachment No.2) are copies of scheduling data provided by Exergy, which Exergy
IDAHO POWER COMPANY'S RESPONSE TO THE SECOND PRODUCTION
REQUEST OF THE COMMISSION STAFF TO IDAHO POWER COMPANY - 2
indicates provides evidence supporting their plan to have all of these wind resources
achieve their respective commercial Operation Dates by year end 2010. Also enclosed
(Attachment No.3) is a photograph of the construction at the Golden Valley Wind
Project. Idaho Power is advised by Exergy that the Golden Valley Wind Project is
actively under construction and that construction wil commence on other projects in the
very near future.
At this point in time, Idaho Power has no reason to believe that the scheduled
Operation Dates outlned in the January 28, 2010, letter wil not be achieved by Exergy.
The response to this Request was prepared by Randy Allphin, Senior Energy
Contract Coordinator, Idaho Power Company, in consultation with Barton L. Kline, Lead
Counsel, Idaho Power Company.
DATED at Boise, Idaho, this 1 th day of February 2010.
~L.~I~ ir
Attorney for Idaho Power Company
IDAHO POWER COMPANY'S RESPONSE TO THE SECOND PRODUCTION
REQUEST OF THE COMMISSION STAFF TO IDAHO POWER COMPANY - 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 1 th day of February 2010 I served a true and
correct copy of the foregoing IDAHO POWER COMPANY'S RESPONSE TO THE
SECOND PRODUCTION REQUEST OF THE COMMISSION STAFF TO IDAHO
POWER COMPANY upon the following named parties by the method indicated below,
and addressed to the following:
Commission Staff
Scott Woodbury
Deputy Attorney General
Idaho Public Utilties Commission
472 West Washington
P.O. Box 83720
Boise, Idaho 83720-0074
-- Hand Delivered
U.S. Mail
_ Overnight Mail
FAX
-- Email Scott.WoodburyCãpuc.idaho.gov
Industrial Customers of Idaho Power
Peter J. Richardson
RICHARDSON & O'LEARY
515 North 27th Street
P.O. Box 7218
Boise, Idaho 83702
Hand Delivered
-- U.S. Mail
_ Overnight Mail
FAX
-- Email peterCãrichardsonandoleary.com
Gregory Adams
RICHARDSON & O'LEARY
515 North 27th Street
P.O. Box 7218
Boise, Idaho 83702
Hand Delivered
-- U.S. Mail
_ Overnight Mail
FAX
-- Email gregCãrichardsonandoleary.com
Dr. Don Reading
6070 Hil Road
Boise, Idaho 83703
_Hand Delivered
-- U.S. Mail
_ Overnight Mail
FAX
-- Email dreadingCãmindspring.com
~ :;Ú)ci~~ne ~
IDAHO POWER COMPANY'S RESPONSE TO THE SECOND PRODUCTION
REQUEST OF THE COMMISSION STAFF TO IDAHO POWER COMPANY - 4
BEFORE THE
IDAHO PUBLIC UTiliTIES COMMISSION
CASE NO. IPC-E-10-01
IDAHO POWER COMPANY
ATTACHMENT NO.1
;!~"'::.'* ,¡,-: t"('::.;.:-"~z,.,..::,,~~,,:'; ;~:~~tõ\ln ...~~. ¡":;-.:~,';;~;r.~".¡~J.':",,,,''''''r.'.;j'~-~ .....'.';...;,.':' .:....... ~ ;,It..:~.,':,\,. .t-." ..,......,\.. ;'':'~. ''':~'~~'''''' .......
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...:";;~~. '='~~"I~1-~ ..~m'---;iæ~=="-'-':::~~~~:.e:1DA~POæ
An rDACORP company
January 28, 2010.
VIA HAND DELIVERY
Rick Sterling, Engineer
Idaho Public Utilites Commission
472 West Washington Street.
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Exergy Wind Projects
Dear Rick:
Idaho Power Company ("Idaho Power") and Exergy met last week to. discuss the
status of Exergy's various wind generation project. These projects include: Thousand-
Springs, Tuana Gulch, Oregon Trail, Payne's Ferr, Camp Reed, Yahoo Creek. Salmon
Falls. Pilgrim Stage Station, Magic Wind, Burley Butte, Milner Dam, Golden Valley,
Notch Butt, and Lava Beds.
During our discussions, Exergy advised Idaho Power that at the reuest of the
entities financing their projects, the Operation Date for all of the projects wil be
December 31, 2010. We have reviewed the contracts between Idaho Power and
Exergy relating to the timing of the Operation Date. All but three of the contrct for the
above-referenced projects allow Exergy to achieve their Operation Dates as late as
December 31, 2010. without incurrng any liabilty for achieving the scheduled Operation
Date later than had originally been' scheduled. The Payne's Ferry, Camp Reed, and
Yahoo Creek contracts include provisions. that could potentially result in daily delay
damages between October 1, 2010, and December 31, 2010. depending. on market
prices. As a result, an Operation Date of .December 31, 2010, does not require an
amendment to any of the Exergy contracts. Exergy has advised us that a number of the
projects wil in fact become operational prior to that date but, for accpunting reasons.
the Operation Dates wil not occur prior to Decembèr 31, 2010. In fact, we have
confirmed that the Golden Valley Wind Park is currently under construction. The Firm
Energy Sales Agreement provides alternative pricing for. any energy delivered prior to
the Operation Date so there is no issue regarding the prices to be paid to Exergy for
energy from these projects. Finally, Idaho Power wil take into consideration the
enclosed pJanned Operation Date information in its forecsting and other power supply
Rick Sterling, Engineer
January 28, 2009
Page 2
operations planning. Exergy has agreed to provide monthly reports disclosing the
construction progress of all of these projects to assist the Company in its planning
efforts.
Exergy also advised us that, for various reasons, they are planning to increase
the nameplate capacity rating of some of the projects. The nameplate capacity rating
increases wil not result in the projects exceeding the 10 average megawatt threshold.
The requested nameplate capacity increases are associated with 2004 vintage
contracts and Exergy is requesting no changes to the energy rates, performance
requirements, or any other terms or conditions. Based upon our review of the specific
contracts, Idaho Power does not believe these changes adversely impact Idaho Power
or Idaho Power customers and, in fact, are a benefit to Idaho Power customers as the
energy rates to be paid for energy generated by the additional capacity within these
specific agreements are lower energy rates than the current published avoided costs.
I have enclosed a schedule which shows the currently-expected project sizes for
those Exergy projects where either increases or decreases wil occur. We are. advised
that Exergy is stiflooking at the potential for minor increases to the capacit at these
projects. It is possible that additional transmission studies may be required. We wil
keep you informed of the status of the final capacity amounts.
You wil note that Armand Eckerts Magic Wind project is now being developed
by Exergy and is included in this list.
Because none of these changes requires amendments to the Firm Energy Sales
Agreements, this letter is for informational purposes only. Idaho Power does not believe
it is necesary to make a formal filing with the Commission. but please feel fr to bring
this information to the attention of the Commission informally. If you. have any
question.s, please contact me or Bart Kline.
Very truly yours,4~Randy Allphin ~ ~
RA:csbEnclosure /
cc: Randy Lobb (w/encl.) ./
Scott Woodbury (w/encl.) -/
James Carkulis (w/encl.) v./
Peter Richardson (w/encl.) /
Donovan E. Walker (w/encl.)
Mark Stokes (w/encl.) ..
. ,
Exergy Development Group of Idaho - Change in Instlled MW SCpe
Idaho Power Project CurrentMW Revised MW,
Thousand Springs Wind Park 10.5 12.0
luana Gulch Wind Park 10.5 10.5
Oreg~ Trail Wind Park 10.5 13.5-18.0
Pilgrim Stage Station Wind Park 10.5 10.5
Salmon Falls Wind Park 21.0 21.0
Camp Reed Wind Park 22.5 22.5
Yahoo Creek Wind Park 21.0 19.5-21.0
Payne's Ferry Wind Park 21.0 21.0
Magic Wind Park 20.0 19.5
Burley Butte Wind Park 10.0 19.5
Golden Valley Wind Park 10.5 12.0
Milner Dam Wind Park 18.0 19.5
Lava Beds Wind Park 18.0 18.0
Notch Butte Wind Park 18.0 18.0
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. IPC-E-10-01
IDAHO POWER COMPANY
ATTACHMENT NO.2
IN WISS WHEREOF. th Agreeent has been executed and delivered by the duly
authorize repreentatives of Owner and Contrctor as of the date fist writtn above.
OWNR:CONTRACTOR:
IDAHO WI PARTNRS I, LLC FAGEN, INC.
By. .~Ç)
N~::àrkulS
Title: Maner
--.BY:~
Name:.l~~
Title: OrCl #."
-
LEGAL_ US_E (I 84947743~
liabilty to Contractor, and Contractor shall have no claim against Owner. should Owner not
issue the Notice to Proced. In the event that Owner does not issue the Notice to Proceed on or
prior to Deember 31, 2011. and in the absnce of a written agrment between the Paries to
extend such date, this Agreement shall terminate automatically and without notice or other action
by either Party.
(c) In the event that Owner doe not issue the Notice to
Proceed on or prior to February 1, 2010, the Paries shall adjust (ì) the dates in the Master
Constrction Schedule if the Master Construction Schedule has been agred to by such date and,
if not, then the dates in the Preliminary Master Constrction Schedule (ii) the date "Dember
22,2010" set forth in Section 6.2(blW)(6) and Section 6.3(a)(ii and (ii) the date "December 29,
2010" set fort in Section 6.3(b) on a day-for-day basis for each day occurring after February 1,
2010 and until (but excluding) the date of issuance by Owner of the Notce to Procd.
6.2 M~ter Construction Schedule.
(a) Contractor shall perform its Work in accordance with
the dates and milestones described in the Master Construction Schedule (including the dates and
milestones describe in Section 6.2(b)(ii), as such schedule may be revised at the request of
Contractor in an immateral maner and agr to by Owner from time to time thoughout the
performance of the Project to accommodate changes in the sequence of activities by Contractor
of the Work necessitated by variable and adverse Project Site conditions to allow Contractor to
achieve the Project Site Substatial Completion as required by this Agreement. Contractor shall
not be entitled to request a Change Order (or adjustment to Contract Price) as a result of any such
agreed upon changes in sequence of activities of Contractor.
(b) Prior to the issuance of the Notice to Pro:
(i) Owner shall provide the Turbine Supplier with a
copy of the Preliminary Master Construction Schedule, and obtain from the Turbine Supplier a
schedule for the delivery by the Turbine Supplier of each Turbine to the relevant Project Site for
such Turbine (the "Turbine Supplier Deliver Schele") based on the Preliminary Master
Constrction Schedule; and Owner shall provide Contractor with the Turbine Supplier Delivery
Schedule it receives from the Turbine Supplier.
(ii) Within thee (3) Business Days of Contractor's
receipt of the Turbine Supplier Delivery Schedule, Contractor shall submit to Owner for its
al a revised version of the Preliminary Master Construction Schedule that sets out the
dates for aU the key milestones for the performance and completion of the Work in
accordance with Turbine Supplier Delivery Schedule and the Contract Documents, including the
scheduled dates for: (1) the Foundation Completion for each Turbine; (2) the Project Site
Underground Collection System Completion for each Project Site~ (3) the Turbine Mechanical
Completion for each Turbine~ (4) the Project Site Mechanical Completion for each Project Site;
(5) the Project Site Substantial Completion for each Project Site; (6) the Project Substantial
Completion for the whole Project (which shall not be later than December 22,2010); and (7) the
Project Site Final Completion for each Project Site. Within the (3) Business Days of its receipt
of such revised Prelimiary Master Constrction Schedule. Owner shall either (l) approve in
28
LEGAI.US_E l 84947743.16
writing such revised schedule or (2) reject in writing such schedule and provide its comments
thereto, in which cae Contractor shall within three (3) Business Days of its receipt of such
rejection submit a furher revised version of the Preliminary Master Construction Schedule based
on such comments and resubmit it for Owner's approval in accordance with this sentence. If
Contractor and Owner are unable to agree upon such revised Prlimin ction
Schedule, then. at Owner's election and written direction, Contractor proceed with the
Work based on such comments received from Owner and Contractor may submit a request for a
Change Order pursuant to Section 9.3(d) in respect of any disagreement it has to
such comments of Owner. If Owner shall fail to respond to Contractor's revised
Master Construction Schedule within the aforesaid three (3) Business Day period. such revised
Prliminary Master Construction Schedule shall be deemed to be approved by Owner. As use in
the Contract Documents, the term shall mean the Prliminary
Master Constrction Schedule as actor and approved (or deemed to be
approved) by Owner pursuant to this Section 6.2(b), and, to the extent of a disagreement by
Contractor with respect to any Owner's comments as described above regarding any aspect of
the revise Prliminay Master Constrction Schedule, incorprating the resolution of such
disagreement pursuant to the Change Order proess in S . and. peding such
resolution, incorprating such Owner's comments. Such Master Const n Schedule shall be
attached as Exhibit H-2 and deemed to be par of this Agrement
Dama s' Not a Penalt . Sole and Exclusive emed .
The Parties agree e extremely difficult and impracticable under the presently
known and anticipated facts and circumstances to ascertain and fix the actual damges Owner
would incur should Contractor fail to achieve the date set forth below in s 6.3 a andlh.
It is unde.rtood and agreed by the Paries tht (i) Owner shall be damage ure of
Contrctor to meet such obligations, (ii) it would be impracticable or extremely difficult to fix
the actual damages reulting therefrom, (ii) any sums which would be payable under Sections
6.3(a) and/or ß; are in the nature of liquidated damages, and not a penalty, and are fair and
reas.onable under the circumstances and (iv) each payment represents a reasonable estimate of
fair compensation for the losses that may reasonably be anticipate from such failure. and shall
be the sole and exclusive meaure of damages with respet to any such failure by Contractor (but
without limitation of Contractor's obligation to achieve Project Site Substantial Completion or to
otherwise complete the Work in accordance with the Master Constrction Schedule). Once
payment of the Delay Liquidated Damages (set fort below in Sections 6.300 and.. have been
paid or the limits set folth in Section 12.1 have been reached, Contractor shall be relieved of any
furter liabilty in respect of the failure to meet the dates set fort below in Secions 6.3(a) and
ß;. Accordingly, the Paries agre that:
29
LEGALßSE# 84947743.16
6.4 Payment. The Delay Liquidated Damages shall be due and payable by
Contractor to Owner upon demand and, at Owner's sole discretion, Owner may offset any such
Delay Liquidated Damages against amounts due from Owner to Contractor. Late payments of
Delay Liquidated Damages will accrue interest at the rate set forth in Section 13,7,
ARTICLE VII
ACHIEVEMENT OF COMPI£TI0N OF PROJECT
7,1 Foundation Completion for a Turbine. When Contractor believes that it
has achieved Foundation Completìon for a Turbine, Contractor sliall so notify Owner with the
submittal to O..vner of a "Foundation Completion Certifcate" in the form of Exliibit D-I, signed
by Contractor's Project Manager, applicable to such Turbine, stating the clate of achievernent of
such Foundation Completion and identifying the Turbine for which the foundation has been
completed. Owner shall review the relevant Work and the Foundation Completíon Certificate to
determine if Foundation Completion has in fact been achieved for such Turbine. Within three (3)
Business Days after the receipt of the Foundation Completion Certificate by Owner, Owner shall
either (a) notify Contractor that Foundation Completion for the identified Turbine has been
achieved (in which case, such Foundatioíl Completion wil theii have been successfully
a.chit.wed) ot (b) notityConttactot that such Foundati0l1 COll1pletioJl haSI10t beetl a.chieved and
stating the l'eaSOi1S thetefore; Should Owner fail to respond to Contraeto-r's notice withirt such
three (5) ausiness DiiY pePio-(l, the corresponding Turbine shall. be deemed to have sm;cessfully
achieved Foundation Cornpledon. In the event Owner provides written notice that Fonndation
~ol1Pleti~il hasn~t been achieved, Conttactor shall.. at its. COst and expense.. take. .actiöu
cOl1'e:t,fectify, rel1edy.repah'andlorreplace any defective. defieieìlor non"conforming Wöl'
adyerely iiffectingthe achievementofFoun.dation Completion. for such l'Ulbine. Upon
cotlPletioIlofs\lÇh corrtìve,. rectifieati~n.retledial,repair 'andlorreplaçernentacdol1,
contractor shaUagain iiotify Owner that it beBeves Foundation Completion has beena.chieved
30
IN WITNESS WHEREOF the Partles have caused this document to be executed by their authorized
representatives on the dote first abov wrien.
Seller
GENERAL ELECTRIC COMPANY
By:
L rl,lt,,"~~
mel
¿OOtlU,,:e; Les!t
(Tltle)
~ br l ft~ i.QQî(Do eJ
COtrOct
Exrg ldho Contrct. CMS 71163 to 111177
Juné 16, 20
Buyer
eXERGY DEVELOPMENT GROUP, LLC
By:
" ¡"rJ.e ~
(Printed Name)
&E( i f)éN"-
/Ttlel~'.~~2-
Pagc7
Attachment 2
Schedule
First. Permissible MajorComporientShipme.nt Dates
Number(s) of SblPlent'reri ~hipment i)oint Flrstperml$llble Major
CompletéUnlts1 Component ShlpmentOiltes*
1,10 Ready to Ship Plåceof.Manuf.acture September 25,.2009
11,20 Rea ely to Ship Placè of Manufacture October 2, 2009
21,30 Ready to Ship Place-of Manufacture October 9, 2009
3b40 Rea ci to Shlp Place of Manufàcturë OCtober 16,200
41,50 R~àcI to Ship Place of Manufacture October-.23¡.2ØQ
51-60 Readyt9SIlIp Place of Manufaeture Odober 30,2009
61-70 Reåclto Ship Place of Manufiieture November 6; 2OO!)
71-80 RearlytoShip Place of Manufacture Novèmber13,2009
81-90 Readyto Ship Place of Manufacture NoYember20, 2009
91-00 Ready to Ship Place of Manufacture NOVember 21,2009
101-10 Ready to Ship Place of Ma-nufacture December 4,200
111-120 Ready to Ship Place of Manufacture December 11,2009
121-130 Ready to Ship Place of Manufacture Decembet18,2009
131-140 ReàdytoShlp Placeof Manufacture Decernber26,200
GuarêlnteedOeliverv Dêltes
Nim'lber(s) of Déllvéry Teri Oéli'lery point Guaranteed De1very Dates.COMpleteÙniîs1
1-10 eip ClosestCornmonC3 rrler Point De¡;ember 27;2009
11-20 CIP Closest Common Carrier Point January 5,2009
21"30 eip ClosestCommon Carrier Point January12,2.009
31.40 elP ClosestCornrnon Carrier Point January19,:Z009
41.50 CIP Closest Commoneartler Point January.26,2009
SM8 tiP CloSeSt Cornmon C~rrier Point February 8, 2010
59.66 CIP Closest commonearrier Point February 15j20:tO
67-74 eip elosestCommoh Carriêr POint FebtUary22,2010
Attachment 2
Exergy Idaho Contract - CMS# 711163 to 711177
June ;162009
Page 19
75..82 CIP ClösestCómmol' Carrier Point February 29,2010
83.90 CIP Clø$est.Col'mon Cårrîer Point March 5,2010
91.98 CIP Closest Commoncatter Point March 12,2010
99.106 CIP Closest .Common Carrier Point Martft 19,2010
107'114 CIP Closest Common Carrier Point Mårch Z6¡201(l
115~122 CIP Closest Common Carrier Point April S,2QI0
12.3-130 CIP Closest Common Carrier Pøint .AptH 12,7010
13H38 CIP closestCommonCarrler Point .ApríJ 19,ZOl(l
1.39.140 tiP Closest common carrier Pølnt April 26,2010
Applicable Notes:
Until such time as the Seller notifies the Buyer in writing of a revised date, the First
Permissible Major Component Shipment Date shall be September 25, 2009.
1 - A Complete Unit is defined as Delivery of all Major Components for that Unit
Delivery rate shall be eight (8) to fifteen (15) Units per week. Seller may commence
deliveries at any time after October 23,2009.
The Guaranteed Delivery Dates shall be used as the basis for assessing delay liquidated
damages pursuant to the Special Condition entitled "Delays in Delivery or Turbine
Completion" considering the Delivery date of the last Major Component for a given Unit.
MechánlcälCompletlon Sc:hedulê
Mechanical COmpletion Rate by Buyer (Units/Week)
Minlmum8J.)nlts per week I Maximum 15 Units per week
With the exception of the first 6 Units Delivered, the Mechanical Completion rate for the
balance of the Units shall be in accordance with the above table. The 6 Units that are not
subject to the rate above shall all reach Mechanical Completion no later than 10 days
following Mechanical completion of the 134th Unit. A Change Order is required if the
Buyer causes Mechanical Completion to be achieved at a rate different than the rate
specified in this Attachment 2.
Attaliirnent :2
Eicergy IdahClConltiict.. CMSII71U6:l to 71n77
June 16200
Page 20
Site Data Requirements
Item Reqi.1redJ)atetpbe Provided to Seller
FUllY 'ømPleted \Ail1d ÐirmFørm(asJnclu(ie(iln the i:O Ø¡ivspri(¡rWlhi First Permisšible MaJór c:omponeil
Tèchnical Specfication)Shipmentfate
Custørner f1roject oatac:ollectipl1-Fprm laslncli.ded)n 9QiiayS prior tp the First Permissible Majór c:ômponent
the. Technical Speification)-Tab1 Sh Ipment ()atii
CUstømerProje-ctOiita CiillectlonForm (as Included In 90 dayS prior tøtlle First Permissible !I¡ijót COniporiènt
the nie:nkål Spèclfltion)"' Tab2 Shipment Date
Cl.storner Project pat¡iCollection form lasJncludeclin 70 dayS prior to the First Permlssible!lajor c:oniMn!!l't
the Technical Spelfii:åtlori)- Tab3 Shipment Oate
SelectNOllloated TQrblnesan(i referenceWln~spee~7Q dayspr1i:r to the Firstpel'missible Miijor Component
distrbotion ShipmentOate
The Buyer Is responsible for submitting the requested information by the d¡;tes specifit!d,
Modifications to thê.stopeOfSupply in Attachment1 may be required or recommendeci
Phc:e tl1e¡;boye Site data. requirements become known. Such modifications tPthè Scope
of Supply will be handled in accordance with the Geiieral Conditior'entideô "Chariges". If
Buyer does not sLlPplythe.d¡;ta by the required date or jfthedatachanges after the date
it is required to be provided to Seller, then the Buyer wil be responsible for paying the
cost of any additional work and any éxtension in the projèttscheduJe tp tpmpeos¡;te for
the: change or additiPnal wotk,
Attachment 2
Exergy idaho Contract - CMS# 711163 to 711177
June 16 200
Page 21
Attachment 2
Schedule
permlssible Majør Component ShIpment Oate
NuMbør(s)øf Shipment Term ShlpnuntPoirt l'erinlsslble l\¡l)() (ampanilllt
Côpiete Unitsl ShIpment I)ii.est
1.135 Ready to Ship PlaceofManufacture May 14,20l().~NøverrberS,
2010
-.
Guaranteed Delivery Dates
NUllber(s) of t)lllivilrYl'errr ~-- j i.uaråntee!l.t)elhiérýt)åtes.
toJrplete Uolts1
comnion CarrlerPoillt1.10 Cip closest August 21¡2010
11-20 CIP Closest CommOl carriét Point SeptemberS¡lOlO
21-30 tip Closest COmmol'CatrierPoil'September 10, 2010
31-40 CIP ciosest ConirrohCarriet Point Sèpteniber17;2010
41-50 tip Closest CoinmonCarrier Point Sèptetibet2ii,2010
:¡-~ I
CIP Closest CoinnionCarrier PoUlt Octoberi,2010
CIP Closest Common Cal'rierPoint Odober 8¡2010
Attachment 2
Idaho Wind Partners I, LtC Contract - CMSIt 711163 to
711176
January, 2010
Page 15
71,80 CIP Closest Comiioncartier point October 1S,2010
81,;90 CIP Closest-Commoii-Cârrler ~oint Ottòper22,2010
91400 CIP ClosesfCommon carrier Pòlnt OdOper 29,2010
101-110 CIP Closest Common Carrier Point November 5,2010
111-:120 CI~Closest Common Carrier Poiiit N(¡vemi:tår 12,2010
121430 CIP Closest Common Carrier Point November' 19; 2010
131-135 CIP Closest Common Carrier Point November 26.2010
Applicable Notes:
UlitilslJch timéaS theSeUer notifies the Bûyer in writing of -~. tév¡'sed date, the First
p~rmissible M~jor Cømpønent Shipment Date shall be May14,1p1Q.
1 - A Complete Unit is defined as Delivery of all Major Components for that Unit
Delivery rate shall be eight (8) to fifteen (15) Units per week. Seller may commence
deliveries at any time after June 18, 2010.
The Guaranteed Delivery Dates shall be used as the basis for assessing delay liquidated
damages pursuant to the Special Condition entitled 1I0elays in Delivery or Turbine
Completion" considering the Delivery date of the last Major Component for a given Unit.
Mechanical Completion S.chedule
Mechanlçal Completion Rae by Buyer (Units/Week)
Minimum 8 Units per week I Maximum 15 Units per week
With the exception of the first 6 Units Delivered, the Mechanical Completion rate for the
balance of the Units shall be in accordance with the above table. The 6 Units that are not
subject to the rate above shall all reach Mechanical Completion no later than 10 days
following Mechanical completion of the 129th Unit. A Change Order is required if the
Buyer causes Mechanical Completion to be achieved at a rate different than the rate
specified in this Attachment 2.
Attaçhment 2
Idaho Wind Partners I, LLC Contract - CMSIt 711163 to
711176
January, 2010
Pagii16
$iteData Requirements
Item Required Dáte to be Provided toSeUer
tulWCompletèdWlnd Farm Form(aslndodèdlÌ'the 90 days priortt) the First Permlssl\llèN!ajt)r Component
"leduilç¡¡1 $pteifitaHonj Shipment Oáte
Cos-tomet Prl)jèct Data Colléttion Forin (as included Iri 90 days prior totheFlrst Perl1issibleM¡ijorCom~nent
thi:tei:hnii:¡il Speqfii:¡itlclO)- T.¡1;:i ShlpmèntDate
Customer Project Data CollettldnFótm (aSll'dudèd in 90 days prior to the FlrstPermisslble Major Cpmponent
the Tei:hnlcal spetlfjt¡itiø!l)~1'ab:i ShlprhentDate
Customer Project Data Collection Fótm(¡isinduded iri 10 days priOrløtheFl.rst l'ermissib1e .l'ajor CompPnent
the Tedinii:al Spec:ifltatiOn)~ tabS Shir;ment Date
Select NomlòatèdTUrbil'e$ âfiteferérice wind speed 10d¡iys prior to the i:lrst!"érmisslble Miljor COmppm~nt
distribution ShipinehtDate
The Buyer is responsible for submitting the requested information by the dates specified.
Modifications to the Scope of Supply in Attachment 1 may be required or recommended
once the above Site data requirements become known. Such modifications to the Scope
of Supply wil be handled in accordance with the General Condition entitled "Changes" if
Buyer does not supply the data by the required date or if the data changes after the date
it is required to be provided to Seller, then the Buyer wil be responsible for paying the
cost of any additional work and any extension in the project schedule to compensate for
the change or additional work.
Attachment 2
Idaho Wind Partners I, LLC Contract - CMSII 711163 to
711176
January, 2010
Page 17
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. IPC-E.10-01
IDAHO POWER COMPANY
ATTACHMENT NO.3