20141202IPC to Staff 3-4.pdf

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DONOVAN E. WALKER
Lead Counsel
[e-mail]
December 2,2014
VIA HAND DELIVERY
Jean D. Jewell, Secretary
ldaho Public Utilities Commission
472 West Washington Street
Boise, ldaho 83702
Re: Case No. IPC-E-14-27
Pocatello Solar 1, LLC - ldaho Power Company's Response to the
Second Production Request of the Commission Staff
Dear Ms. Jewe!!:
Enclosed for flling in the above matter are an original and three (3) copies of
ldaho Power Company's Response to the Second Production Request of the
Commission Staff.
DEW:csb
Enclosures
1221 W. ldaho St. (83702)
P.O. Box 70
Boise, lD 83707
hovan E. Walker
DONOVAN E. WALKER (lSB No. 5921 ) ft I C I lii : i:i
ldaho Power Company
1221Wesl Idaho Street (83702) ?llti[i[ -2 PH 12: l+7
P.O. Box 70 ,:_,1,.,..: i . rBoise, ldaho 83707 11" i'\; ' -/ ! '
Telephone: (2og) 3gg-5317 ' r- :i ll -- I f -;''1:':'ii.]r' ''
Facsimile: [phone]
dwalker@id ahopower. com
Attorney for Idaho Power Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
rN THE MATTER OF THE APPLTCATTON )oF IDAHO POWER COMPANY FOR ) CASE NO. !PC-E-14-27
APPROVAL OR REJECTTON OF AN )
ENERGY SALES AGREEMENT WITH ) IDAHO POWER COMPANY'S
POCATELLO SOLAR 1, LLC FOR THE ) RESPONSE TO THE SECOND
SALE AND PURCHASE OF ELECTRTC ) PRODUCTION REQUEST OF THE
ENERGY.) coMMrssroN STAFF To IDAHO
) POWER COMPANY
)
COMES NOW, ldaho Power Company ("!daho Powed' or "Company"), and in
response to the Second Production Request of the Commission Staff to ldaho Power
Company dated November 20,2014, 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. 3: ldaho Power's Application states under Paragraph 15 that
"[c]onsistent and material deviations from the hourly energy estimates in the generation
profile will be considered by ldaho Power to be a material breach of the agreement--
meaning that the entire pricing is fundamentally flawed as a result of an inaccurate
generation profile". Please discuss how consistent and material the deviations need to
be before the entire pricing can be considered fundamentally flawed, and before ldaho
Power would consider this to be a material breach of the agreement.
RESPONSE TO REQUEST NO. 3: A key input of the ldaho Public Utilities
Commission-approved avoided cost calculation (ldaho Power incremental cost
lntegrated Resource Plan methodology) for this Energy Sales Agreement ("Agreement")
is the hourly energy estimates provided by the project (Appendix I of the Agreement).
As described in paragraph 15 of the Application, the Agreement contains various price
adjustment mechanisms and materia! deviation clauses to provide a level of assurance
that the hourly energy shape provided by the project and the resulting avoided cost
calculation is an accurate estimate of the project's expected energy production.
Evaluation of material deviations will be on a case-by-case basis for each project.
Numerous factors will be considered in determining the impact of material deviations,
some of those factors being time, magnitude, and frequency of the deviations, as well
as whether the pricing adjustments within the Agreement are adequately addressing the
deviations, etc.
The response to this Request is sponsored by Randy C. Allphin, Energy Contract
Coordinator Leader, ldaho Power Company, in consultation with Donovan E. Walker,
Lead Counsel, Idaho Power Company.
IDAHO POWER COMPANY'S RESPONSE TO THE SECOND PRODUCTION
REQUEST OF THE COMMISSION STAFF TO IDAHO POWER COMPANY - 2
REQUEST NO. 4: lf the entire pricing is considered fundamentally flawed, what
actions would ldaho Power take?
RESPONSE TO REQUEST NO. 4: ldaho Power would determine the most
appropriate action on a case-by-case basis and at the time the materia! breach
occuned. Please see the Company's response to Staffs Request No. 3 above. The
action taken wi!! be intended to protect Idaho Power customers' interests and ldaho
Power will seek the ldaho Public Utilities Commission's approva! of the action at the
time it is required. Some examples of actions that could be taken are termination of the
Agreement, recalculation of future contract year avoided cost payments, collection of
damages, etc.
The response to this Request is sponsored by Randy C. Allphin, Energy
Contracts Coordinator Leader, ldaho Power Company, in consultation with Donovan E.
Walker, Lead Counsel, ldaho Power Company.
DATED at Boise, ldaho, this 2nd day of December 2014.
IDAHO POWER COMPANY'S RESPONSE TO THE SECOND PRODUCTION
REQUEST OF THE COMMISSION STAFF TO IDAHO POWER COMPANY.3
Attorney for ldaho Power Company
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 2nd day of December 20141 served a true and
correct copy of 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:
Gommission Staff
Kristine A. Sasser
Deputy Attomey General
ldaho Public Utilities Commission
472 West Washington (83702)
P.O. Box 83720
Boise, ldaho 83720-007 4
Pocatello Solar 1, LLC
Dean J. Miller
McDEVITT & MILLER, LLP
420 West Bannock
Boise, ldaho 83702
Mark van Gulik
Pocatello Solar 1, LLC
P.O. Box 7354
Boise, ldaho 83707
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Christa Bearry,
IDAHO POWER COMPANY'S RESPONSE TO THE SECOND PRODUCTION
REQUEST OF THE COMMISSION STAFF TO IDAHO POWER COMPANY - 4