20061227First amendment to agreement.pdf

THE LAW OFFICE OF
PAINE, HAMBLEN , COFFIN, BROOKE &MILLERLLP
R. Blair Strong
Partner
509-455-6059
r. blair. strong(Qjpainehamblen. com
717 WEST SPRAGUE AVENUE
SUITE 1200
SPOKANE, WASHINGTON 99201-3505
[phone]
FAX: [phone]
www.painehamblen.com
;-0;-
~""~ j- j ,
i" \ i-!
,.-.
"0 , 0 ,- ",
2005 DEC 26 PH 3: L~
-- IQ,-\J'
) ,
UbUCUIIU1(:C' (,,":0 ;"""("-1I '- u '
-, ,-
f1" iI ..:;01 i ,
December 21 2006
Ms. Jean Jewell, Commission Secretary
Idaho Public Utilities Commission
472 West Washington
Boise, ill 83702
RE:Case No. AVU-O6-
First Amendment to Power Purchase Agreement and Generator Interconnection
Agreement between Stimson Lumber Company and A vista Corporation
Dear Ms. Jewell:
Please find enclosed for filing the original and seven (7) copies ofthe following documents:
1 )First Amendment to the Power Purchase Agreement between Stimson Lumber Company
and Avista Corporation.
First Amendment to the Generator Interconnection Agreement Between Stimson Lumber
Company and A vista Corporation;
These amendments reflect the intention of the parties to correct typographical errors contained in
the original Power Purchase Agreement and Generator Interconnection Agreement.
Please conform and return the additional copies in the enclosed self-addressed stamped
enveloped.
Very truly yours
PAINE, HAMBLEN, COFFIN, BROOKE
& MILLER LLC
of yo /tI-
Paralegal for R. Blair Strong
I:\Spodocs\I I 150\0419 I \ltr\0046 1053.DOC
Enclosurescc: David J. Meyer (w/enc.
William E. Peressini (w/enc.
Scott Woodbury
Limited Liability PartnershiP
Offices in Spokane. Coeur d'Alene . Kennewick
Qr:.t:" Ir-~I " II
'- ,- \, _",
~ST AMENDMENT TO THE
POWER PURCHASE AGREEMENT
20G6 DEe 26 PH 3: 42
11)"L:(, 0
' "
UTiLlriE.
~:\.~~g'
z: l
~ "
'-' ~""'d"'IV0 \..11,
BETWEEN
STIM50N LUMDER COMPANY
AND
A VISTA CORPORATION
This Filst Amendment to the Power Purchase Agreement dated October 1, 2006, is made
by and between Avista Co1poration, a Washington corporntion C'Avista"), and Stimson Lumber
Company ("Project Develop~)o Avista and Project Developer are sometimes referred to herein
individuaJly as a "party" and collectively as the "Parties II
Section 1.12 is amended as follows:
Market Enernv Cost" means eighty-five percent (85%) ofthe weighted average ofthe daily
On-Peak and Off-Peak Dow Jones Mid-Columbia Index (Dow JODes Mid-C Index) non-film
prices fOl non-rum energy. If the Dow Jones Mid-Columbia Index price is discontinued by the
reporting agency, both PBIties will mutually agree upon a lcplacement inde~, which i5 simiJar
the Dew Jones Mid-C Index. The selected replacement index wilt be consistent with other
similar agreements and a commonly used index. by the electric industry..
This amendment shaH be deemed to be effective October 1 2006..
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by their duly authorized representatives as of the first date herein above set foxth.
STIM.SON LUMBER COMPANY A VISTA CORPORATION
By:
Printed Name:
Tine:
Prin !1:
::;
e: Chainnai! -~~d, President & CFD
IV 2/2- 0046~m DOC
Avista Contract No. AV-TRO6-0217-
' '~-
\ C. :: , If l:~ U
FIRST AMENDMENT TO THE
GENERA TOR INTERCONNECTION AGREEMENT
BETWEEN
2006 DEC 26 PH 3: 43
ICiAHC ;JUJLi(;
UTILI"-::C,
'"
\.2 '.::C'Iv ~ ""', vv. '
STIMSON LUMBER COMPANY
AND
VISTA CORPOMTION
This First Amendment to the Generator Interconnection Agreement dated October!!
2006, is made by and between A vista Corporation, a Washington colporntiOn (" A vista"), andStimson Lumber Company ("Project Developer ). A vista aDd Project Developer are sometimes
l'efened to hetein individually as a "Party" and collectively as the "Parties.I. The definition of "Good Utility Practlcet! contained within the Glossary of
Tenus is amended as follows:
Good Utfllty Pr'actice or Prudent Utility Practice - Any ofthe practices, methods and
actS engaged in or approved by a significant poItion of tbe electtic industry during the
relevant time period, or any of the practices, methods and acts wbic~ in the exercise of
reasonable judgment in light of the facts known at the time the decision was made, could
have been expected to accomplish the deshed result at a J-easonable cost co~sistent with
good business practices. reliability, safety and expedition. Good Utility Practice is not
intended to be limited to the optimum practice, method, or act to the exclusion of aU
others, but lather to be acceptable practices, methods, ~ acts geJJeOllly accepted in the
region,
This amendment shan be deemed to be effective October 11, 2006
IN WITNEs"c; WHEREOF, the Parties hereto have caused this Agreement to be
executed by their duly authorized n:presentatives as ofthe first date herein above set forth.
STTh1S0N LUMBER COMPANY VIS! A CORPORATION
By:
Printed Name:
Title:
By:
PJin 1 v Presid CEOTitJe:Chairman 0 the Boar
00462899 DOC iL~/2..00 t