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HomeMy WebLinkAbout20130209Withdrawal of Force Majeure Notice.pdfii carnco dean eneigy February 9, 2013 Via: Email & U.S. Mail Idaho Power Company Attn: Michael Darrington P0 Box 70 Boise, Idaho 83707 RE: AgPower Jerome, LLC/Project No. 31616110 -Withdrawal of Force Majeure Notice in lieu of Seller Declared Suspension of Energy Deliveries Dear Mr. Darrington: On behalf of AgPower Jerome, LLC, I am responding to your February 8 letter regarding our force majeure claim of January 23. We appreciate Idaho Power Company's consideration and proposal to consider that force majeure notice to be instead, a request for a Seller Declared Suspension of Energy Deliveries pursuant to paragraph 12.3 of the FESA as it appears to accomplish the relief we were seeking; i.e. meeting the 90% performance requirement for January. I look forward to seeing the January statement showing the Net Energy Amount adjustments you outline in your letter that will result in AgPower Jerome having met its 90% performance requirement. If there is any more on this matter that needs to be done please let me know. Best Regards, And /w ackura Manager - AgPower Jerome, LLC Sr. Vice President - Camco International Group, Inc. cc: Jim Wiest Donovan Walker, Senior Counsel Jean Jewell, Commission Secretary Idaho Power Company Idaho Public Utilities Commission 1221 West Idaho Street 472 West Washington Street P0 Box 70 Boise, ID 83702 Boise, ID 83707 jean.jeweI1@puc.idaho.gov dwalker@idahopower.com