20150331Annual Report.pdf

Avista Corp.
1411 East Mission ?.O. Box3727
Spokane. Washington 99220-0500
Telephone [phone]
TollFree 8OO-727-917O
March 31,2015
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
Statehouse Mail
W.472 Washington Steet
Boise,Idaho 83720 fu,lu-L'13-D
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RE: Avista Utilities Annual Report Regarding Selected Research and Development Efficiency
Projects
Dear Ms. Jewell:
Enclosed for filing with the Commission is an original andT copies of Avista Corporation's dba
Avista Utilities ("Avista or the Company'') Report on the Company's selected electric energy
efficiency research and development (R&D) projects, implemented by the state of ldaho's four-
year Universities.
Please direct any questions regarding this report to Dan Johnson at [phone] or myself at
s09-495-4975.
Sincerely, . rVt-*rl*fu
LinddGervais
Manager, Regulatory Policy
Avista Utilities
509-495-4975
linda. servais@.avi stacom. com
Enclosure
AVISTA UTILITIES
SELECTED RESEARCH AND DEVELOPMENT
EFFICENCY PROIECTS - Idaho
Annual Report
March 31,2015
ANNUAL REPORT
SELECTED RESEARCH AND DEVELOPMENT EFFICENCY PROJECTS
TABLE OF CONTENTS
l. SCOPE OF WORK ...................3A. lntroduction ............................3lt. KEY EVENTS.................. ..........4A. Request for lnterest ..............4B. Selection of Projects.. ...........5C. Description of Selected Projects...... .............................6D. Project Manager and Related Communications;.......,.,. ..................7E. Agreements ............................7F. . Project Milestones ........,.....7G. . For other than first-year projects, summary of research in-progress and anticipated
completion milestones pursuant to contractual agreements and project manager's
H. . Other relevant activity. ............................9ilt. AccouNT1NG............... ...........eA. Funds authorized for R&D projects; ...........................10B. Funds Expended and Remaining Balance ................10C. Cost-Recovery............... ...........................10
LIST OF APPENDICES
APPENDIX A REQUEST FOR INTEREST
APPENDIX B UNIVERSIry OF IDAHO AGREEMENT
APPENDIX C BOISE STATE UNIVERSITY AGREEMENT
APPENDIX D INTERIM REPORT
lncreasing Hydropower Generating Efficiency through Drag Reduction
APPENDIX E INTERIM REPORT
Bidirectional Charger Effects on Local Electrical Grids
APPENDIX F INTERIM REPORT
Simulation-Based Commissioning of EMCS
APPENDIX G INTERIM REPORT
Residential Static VAR Compensator:
Avista ldaho Research and Development Projects Annual Report
March 31, 20'15
I. SCOPE OF WORK
A. lntroduction
This report is prepared in compliance with ldaho Public Utilities Commission
(IPUC) Order No 32918. This includes key events during the reporting period and
accounting for related expenditures.
Avista Corporation, doing business as Avista Utilities (hereinafter Avista or
Company), at 1411 East Mission Avenue, Spokane, Washington, is an energy
company involved in the production, transmission and distribution of energy as well
as other energy-related businesses. Avista Utilities is the operating division that
provides electric service to more than 700,000 electric and natural gas customers.
Their service territory covers 30,000 square miles in eastern Washington, northern
ldaho and parts of southern and eastern Oregon, with a population of 1.5 million.
Avista Service Territory
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Page | 3
Avista ldaho Research and Development Projects Annual Report
March 31 2015
On August 30, 2013 Avista applied for an Order authorizing the Company to
accumulate and account for customer revenues that would provide funding for
selected electric energy efficiency research and development (R&D) projects,
proposed and implemented by the state of ldaho's four-year Universities. The
Commission approved the funding in Order No. 32918 to fund up to $300,000 per
year of R&D from revenue collected through the Company's Schedule 91, "Energy
Efficiency Rider Adjustment," effective November 1, 2013.
This program provides a stable base of research and development funding that
allows research institutions to sustain quality research programs that benefit
customers. lt is also consistent with ldaho Governor Butch Otter's Idaho Global
Entrepreneurial Mission "iGem" initiative in which industry would provide R&D
funding to supplement funding provided by the State of ldaho.
II. KEY EVENTS
A. Request for lnterest
The request for interest was prepared and distributed to all four ldaho Universities
as shown below. A full copy of the request for lnterest is included in Appendix A.
Universitv Point of Contact Delivery Date
Universitv of ldaho
Boise State University
ldaho State Universitv
Colleqe of ldaho
Avista received 10 proposals from the University of ldaho and 6 proposals from
Boise State University. The following is a list of the proposals the Company
received:
Universitv of Idaho
1. Bidirectional Charger Effects on Local Electrical Grid with Limited Access2. Building Energy Signature as a Non-lntrusive Load Monitoring Tool3. Determination of Best Distribution Voltage Levels to Minimize Loads and
Power Losses4. Energy Audits and Training for Wastewater Treatment Facilities
5. Enhanced Demand Response with Smart Building Energy Management
Systems
6. Experimental Study of Motor Starters in Periodic Usage Environments to
Quantify Energy Savings and lmpact on Motor Life7. lncreasing Hydropower Generating Efficiency through Drag Reduction
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Avista ldaho Research and Development Projects Annual Report
March 31 2015
8. Model Predictive Controlfor Radiant HVAC System
9. Simulation-Based Commissioning of Energy Management Control System
10. User Conservation
Boise State Universitv
1. Citizen Survey
2. Commercial Building Analytis
3. Data Visulaization4. Improving Accountability
5. Residential Static Var Compensator
6. Smart Thermostats
B. Selection of Projects
Avista prepared an evaluation matrix for the 16 proposed projects. A team of
individuals representing Distribution, Transmission Planning, Generation and
Demand Side Management, co-filled out the matrix to rank each of the projects.
The following factors were considered in the ranking process.
Research Areas Already Being Done (EPR!, WSU, AVA)
ComplemenURed undanUNew
Potential Value to Customers kwh/l(A//$ (1 -1 0)
CO2 Emission Reduction (Y/N)
Market Potential (1 -1 0)
Should be Considered for Future Submittal (Y/N)
Our Results Measurable (Y/N)
Aligned with Avista Business Functions (Y/N)
New or Novel (Y/N)
Ranking (1 -10)
The team from Avista was comprised of the following individuals:o Dan Johnson - Energy Efficiency Senior Manager. John Gibson - Distribution System Operations Managero Tom Lienhard - Energy Solutions Engineer Supervisoro Reuben Arts - Project Engineer Al! Projectso Erik Lee - Project Engineer Bidirectional Chargero Ryan Bean - Project Engineer lncreasing Hydropower Efficiencyo Levi Westra & Bryce Eschenbacher - Project Engineers Simulation Based
Commissioning of Energy Management Systems
a
a
a
a
a
a
a
a
Page | 5
Avista ldaho Research and Development Projects Annual Report
March 3'l 2015
C. Description of Selected Projects
The following is a brief description of each of the four selected projects. Additional
details are provided in the interim project reports and included in Appendix D,
Appendix E, Appendix F, and Appendix G.
Increasinq Hydropower Generatino Efficiencv throuqh Drao Reduction: Energy loss
due to friction occurs at various phases of hydropower generation. This research
investigates the potential of reducing the energy loss in the penstock so that more
energy is available for power generation. The concrete/cement surface of penstock
inner walls is hydrophilic. Nanotechnology has made it possible to make these
surfaces hydrophobic or even super-hydrophobic. Frictional drag reduction by
hydrophobicity over concrete surface treated with Zycosil has not been
demonstrated or quantified. This project evaluates the potential of frictional drag
reduction over Zycosi!-treated surfaces.
Bidirectional Charser Effects on Local Electrica! Grids with Limited Access: With
the increasing popularity of electrica! vehicles and the anticipated decrease in their
purchase prices over the next several years, electrical vehicles are coming to every
commercial and academic campus. On-site charging is a benefit that many
employers may want to provide. This project proposes to build a bidirectional
charging system on a university campus, a system that operates within the voltages
and power levels typical of a home or small commercial building. We will use this
charger to investigate the effects of bidirectional charging on the electrica! utility
system within the building and on nearby buildings. From the data collected, we will
identify the appropriate issues, from which we will prepare a larger proposal near
the end of this project's term for a follow-on campus-wide investigation.
Simulation-Based Commissioninq of Energy Manaoement Control Svstems: The
research aims to develop a method to use energy simulation and co-simulation
software to perform automated and semi-automated pre-commissioning or retro-
commissioning (Cx) of the programming that resides inside a constructed building's
energy management control system (EMS). This phase of the research is to
complete manual proof of concept work, benchmark baseline performance of
chosen test site, and estimate energy savings potential via simulation of alternate
building control strategies.
Residential Static VAR Compensator: To develop a smart demand-side
management device based on the concept of a Residential Static VAR
Compensator (RSVC) for regulating residential voltages, especially during peak
demand hours. The proposed residential static VAR compensator reduces power
consumption during peak hours in order to save energy and costs of generation.
Page | 6
E.
Avista ldaho Research and Development Projecls Annual Report
March 31 . 2015
D. Project Manager and Related Communications
Avista set out to find an independent third-party project manager based in ldaho.
On September 26, 2014, Avista entered into an agreement with T-O Engineers as
its independent third party project manager. T-O Engineers is based in Boise,
ldaho with additional offices in Coeur d'Alene, and Nampa.
T-O is tasked with providing project management, organizational structure,
milestone setup, milestone tracking, and incidental administrative services. The
project manager for T-O Engineers is JR Norvell, PE. JR is based out of the Coeur
d'Alene office.
Agreements
On June 6, 2014 Avista entered into a master agreement with the University of
ldaho. Key elements of this agreement include Confidential lnformation (section
5.8), Publication Rights (section 5.9), and lntellectua! Property (section 5.16). The
full agreement is included as Appendix B. lndividual task orders are assigned for
each of the research projects selected.
On October 21, 2014 Avista entered into an agreement with Boise State University.
Key elements of this agreement include Confidentia! lnformation (section 5.8),
Publication Rights (section 5.9), and lntellectual Property (section 5.16). The full
agreement is included as Appendix C.
Project Milestones
The following Table No. 1 identifies each projects specific tasks as well as the
overall research and development schedule and milestones. lt is expected that a
final report will be delivered from each Principle lnvestigator at the end of the
summer semester. ln addition to the written report, each research team will present
their findings to Avista.
F.
Page l7
Avista ldaho Research and Development Projeds Annual Report
March 31.2015
Table No. 1
Frll Samrshi Sorlnr Samats Summs Samstat
.0 Proj.ct t.n.g.m.nt t
1.0 Dev.lop Follow-on Propo3.l I
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t. hoject t r!.cntrtlon to Avlsta I t
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Fln.l Roport to Avlrt.a
IPUC Dollvor.blo!
Page | 8
Avista ldaho Research and Development Projects Annual Report
March 31 . 2015
G. For other than first-year proiects, summary of research in-progress
anticipated completion milestones pursuant to contractua! agreements
project manager's administration.
All projects are first year projects, thus a detailed summary of research is not yet
available. This said, all projects are making good progress on their respective
research topic.
H. Other relevant activity.
Project kick-off meetings were held on-site at the University of ldaho and Boise
State University.
Each month a progress meeting is held for each project. These meetings typically
take 1 to 1.5 hours and include a review of schedule, monthly progress reporting,
invoicing, owner comments, and action items for the next month. The meetings are
organized and Ied by the lndependent Program Manager, T-O Engineers.
Attendees for each meeting include the Principal !nvestigator, Co-lnvestigators,
Student Researchers, Avista personnel, and the lndependent Program Manager.
III. ACCOUNTING
A. Funds authorized for R&D projects
Contracts currently held are as follows:
*Nofe that we are cuffently in negotiations to amend the maximum contract amount
for the Simulation-Based Commissioning of Energy Management Control Sysfems
project. lt is anticipated that the original amount awarded will be modified by
$-4,142 from $50,847 to $46,705.
and
and
Agency Description Amount Point of Contact
University of ldaho*Simulation-Based Commissioning of
Energy Management Control System*S 50,8+z.oo *Dr. Kevin Van Den
Wymelenberg*
University of ldaho Bidirectional Charger Effects on Local
Electrical Grid with Limited Access S 78,697.00 Dr. Herbert L. Hess
University of ldaho lncreasing Hydropower Generating
Efficiency through Drag Reduction s 72,s39.00 Dr. Jim C. P. Liou
Boise State University Residential Static Var Compensator S 60,000.00 Dr. Said Ahmed-Zaid
T-O Engineers Project Manager s 30,000.00 James R. Norvell
Total s 292,083.00
Page | 9
Avista ldaho Research and Development Projecls Annual Report
March 31 . 2015
B. Funds Expended and Remaining Balance
The following is a budget summary as of March 15,2015. Final invoices for all
projects listed in this annual report are anticipated in September of 2015.
Description
Budget
Amount
Expended to
Date
Budget
Remaining
Simulation-Based Commissioning of
Energy Management Control
Svstemt*
$ 50,847.00 $ 12,736.42 $ 38,1 10.58
Bidirectional Charger Effects on Local
Electrical Grid with Limited Access $ 78,697.00 $ 6,568.13 $72,128.87
I ncreasing Hydropower Generating
Efficiencv throuoh Draq Reduction $ 72,539.00 $ 4,229.28 $ 68,309.72
Residential Static Var Compensator $ 60,000.00 $ 4,400.98 $ 55,599.02
Proiect Manaoer $ 30,000.00 $ 16,716.00 $ 13,284.00
Direct Expenses $ 7,917.00 $ 239.1 7 $ 7,677.83
Totals s300,000.00 s44,889.98 $255,110.02
c.Cost-Recovery
Costs associated with R&D are funded from revenue collected through Avista's
Schedule 91 - Energy Efficiency Rider Adjustment. This amount is a ceiling and not
a requirement to allocate this funding in any given year. Any remaining balance
(not ear-marked) will be rolled over to a future year, and if terminated, the
unallocated portion will be added back to the tariff rider balance. The costs would
be included in the Company's annual tariff filing in June if the rider balance requires
a true-up.
Page | 10
Avista Research and Development Projects Annual Report
March 31. 2015
APPENDIX A REQUEST FOR INTEREST
Avista Corporation
East 141I Mission Ave.
Spokane, WA99202
frittsr'r
Request for Proposal (RFP)
Contract No. R-39605
for
Avista Energy Research (AER) Initiative
INSTRUCTIONS AI\[D REQUIREMENTS
Proposals are due by:
4:00 p.m. Pacific Prevailing Time (PPT), January 31,2014 (the "Due Date")
Avista Corporation is an energy company involved in the production, transmission and distribution of
energy as well as other energy-related businesses. Avista Utilities is the operating division that
provides electric service to approximately 3621000 customers and nafural gas to approximatety 323,000
customers. Avistats service territory covers 301000 squere miles in eastern Washington, northern
Idaho and parts of southern and eastern Oregon, with a population of 1.5 million. Avista's primary,
non-regulated subsidiary is Ecova. Avista's stock is traded under the ticker symbol 66AVA". For more
information about Avista, visit @.
Avista Corporation
East l4l I Mission Ave.
Spokane, WA99202 ^frvtsiA
Avista Corporation ("Avista")
RFP Conlidentiality Notice
This Request for Proposal ("RFP') may contain information that is marked as confidential and proprietary to
Avista ("Confidential Information" or "Information"). Under no circumstances may the potential Bidder
receiving this RFP use the Confidential lnformation for any purpose other than to evaluate the requirements
of this RFP and prepare a responsive proposal ("Proposal"). Further, Bidder must limit distribution of the
Information to only those people involved in preparing Bidder's Proposal.
If Bidder determines that they do not wish to submit a Proposal, Bidder must provide a letter to Avista
certiffing that they have destroyed the Confidential Information, or return such Information to Avista and
certiff in writing that they have not retained any copies or made any unauthorized use or disclosure of such
information.
If Bidder submits a Proposal, a copy of the RFP documents may be retained until Bidder has received notice
of Avista's decision regarding this RFP. If Bidder has not been selected by Avista, Bidder must either return
the lnformation or destroy such Information and provide a letter to Avista certiffing such destruction.
Avista and Bidder will employ the same degree of care with each other's Confidential Information as they
use to protect their own Information and inform their employees of such confidentiality obligations.
RFP No. R-39605 Page 2 of9
Avista Corporation
East 1411 Mission Ave.
Spokane, WA99202 ^ffivrsrA
Instructions and Requirements
1.0 PURPOSE
in response to the Idaho Public Utilities Commission Order No. 32918, Avista Corporation will fund up to
$300,000 per year of applied research that will further promote broad conservation goals of energy efficiency
and curtailment. Specifically, Avista is seeking a qualified four year institution in the state of Idaho to
provide such applied research (the "Services"). [n light ofthe rapidly changing utility landscape, Avista
would be interested in funding research projects which are forward thinking and would assist the utility in the
development of product and services which provide an enerry efficient commodity to its customers. The
applied research and development projects can be one or multiple years and can be used to support university
research programs, facility and studies.
The following institutions are eligible to submit Avista Enerry Research (AER) initiative proposals.
L University of Idaho 2. Boise State University 3. Idaho State University
Persons or institutions submitting a Proposal will be referred to as "Bidder" in this RFP; after execution of a
contract, the Bidder to whom a contract is awarded, if any, will be the name of the university ("Institution").
2.0 STATEMENT OF WORK
The attached Statement of Work ("SOW') specifies the activities, deliverables andlor services sought by
Avista, This SOW will be the primary basis for the final SOW to be included under a formal contract, if a
contract is awarded.
3.0 RFP DOCUMENTS
Attached are the following RFP Documents:
o Statement of Work
. AppendixA-Proposal Cover Sheet
. Appendix B - Sponsored Research and Development Project Agreement
4.0 CONTACTS / SUBMITTALS / SCHEDULE
4.1 All communications with Avista, including questions (see Section 5.1), regarding this RFP must be
directed to Avista's Sole Point of Contact ("SPC"):
lli#&oration
1411 East Mission Avenue
PO Box 3727,M5C-33
Spokane, WA99220-3727
Ielephone: [phone]
Fax: [phone]
E-Mail : [e-mail]
4.2 Proposals must be received no later than 4:00 PM Pacific Prevailing Time ("PPT"), on January 31,
2014 ("Due Date"). Bidders should submit an electronic copy of their Proposal to
[e-mail]. In addition to an electronic copy, Bidders may also fax their Proposal to
509-495-8033, or submit a hard copy to the following address:
Avista Corporation
Attn: Greg Yedinak Supply Chain Management (MSC 33)
l4l I E. Mission Ave
POBox3727
Spokane, WA 99220-3727
RFP No. R-39605 Page 3 of9
Avista Corporation
East l4l I Mission Ave.
Spokane, WA99202 ^#lltstr
No verbal or telephone Proposals will be considered and Proposals received after the Due Date
may not be evaluated.
4.3 RFP Proposed Project Schedule
December 13. 2013 Avista issues RFP
Ianuary 6.2014 Bidder's Questions/Requests for Clarification Due
Januarv 13. 2014 Avista's Responses to Clarifications Due Date
J"rr"rl, 31. ,014 Proposals Due
Februar.v 14. 2014 Successful Bidder selection and announcement
February 28. 2014 Contract Executed
5.0 RX'P PROCESS
5.1 Pre-proposal Questions Relating to this RFP
Questions about the RFP documents (including without limitation, specifications, contract terms or
the RFP process) must be submitted to the SPC (see Section 4.1), in writing (e-mailed, faxed, or
addressed in accordance with Section 4.2, by the Due Date. Notification of any substantive
clarifications provided in response to questions will be provided via email to all Bidders.
5.2 Requests for Exceptions
Bidder must comply with all of the requirements set forth in the documents provided by Avista as
part of this RFP (including all submittals, contract documents, exhibits or attachments). Any
exceptions to these requirements must be: (i) stated separately, (ii) clearly identiff the exceptions
(including the document name and section), and (iii) include any proposed alternate language, etc.
Failure by Bidder to provide any exceptions in its Proposal will constitute full acceptance of all
documents provided by Avista as part of this RFP. While Avista will not consider alternate
language, etc. that materially conflicts with the intent of this RFP, Avista may consider and
negotiate the inclusion of terms that would be supplemental to the specific document if such terms
reasonably relate to the scope of this RFP.
5.3 Modification and/or Withdrawal of Proposal
5.3.1 By Bidder: Bidder may withdraw its Proposal at any time. Bidder may modiff a
submitted Proposal by written request provided that such request is received by Avista
prior to the Due Date. Following withdrawal or modification of its Proposal, Bidder may
submit a new Proposal provided that such new Proposal is received by Avista prior to the
Due Date and includes a statement that Bidder's new Proposal amends and supersedes the
prior Proposal.
5.3.2 By Avista: Avista may modiff any of the RFP documents at any time prior to the Due
Date. Such modifications will be issued simultaneously to all participating Bidders.
5.4 ProposalProcessing
5.4.1 Confidentiality: It is Avista's policy to maintain the confidentiality of all hoposals
received in response to an RFP and the basis for the selection of a Bidder to negotiate a
definitive agreement.
5.4.2 Basis of Any Award: This RFP is not an offer to enter into an agreement with any party.
The contract, if awarded, will be awarded on the basis of Proposals received after
consideration of Bidder's ability to provide the services/work, quality of personnel, extent
and quality of relevant experience, price and/or any other factors deemed pertinent by
Avista, including Bidder's ability to meet any schedules specified in the Statement of
Work.
RFP No. R-39605 Page 4 of9
Avista Corporation
East l4l I Mission Ave.
Spokane, WA99202 ^frtnsrA
5.4.3 Pre-award Expenses: All expenses incurred by Bidder to prepare its Proposal and
participate in any required pre-bid and/or pre-award meetings, visits and/or interviews will
be Bidder's responsibility.
5.4.4 Proposal Acceptance Term: Bidder acknowledges that its Proposal will remain valid for
a period of 60 days following the Due Date unless otherwise extended by Avista.
5.5 Contract Execution
The successful Bidder must enter into a contract that is substantially the same as the Sponsored
Research and Development Project Agreement governing the performance of the Services/Work
applicable under this RFP included as Appendix B.
6.0 pRoposAl, REQUIREMENTS AltD SUBMITTALS
Bidder's Proposal must conform to the following outline and address all of the specified content to facilitate
Avista's evaluation of Bidder's qualifications; approach to performing the requested Services/Work; and
other requirements in the SOW. Proposals will be evaluated on overall quality of content and responsiveness
to the purpose and specifications of this RFP, including the information set forth in Section 6.5 below.
6.1 Proposal Process
Each eligible institution will be limited to TEN specific proposal submittals. One representative of the
eligible institutions will be responsible for submitting all of the proposals.
The proposal must not exceed 6 pages not includingthe appendices. The proposal shall be in 1l point
font, 1.5 spaced and one inch margins. The original and one electronic copy of the proposal (PDF -
Form) must be provided to Avista's point of contact listed herein.
6.2 Proposal Submittals The following items are required with Bidder's Proposal. Each proposal
shall contain the following project elements.
1. Name of Idaho public institution;
2. Name of principal investigator directing the project;
3. Project objective and total amount requested (A general narrative summarizing the approach
to be utilized to provide the required services);
4. Resource commitments, (number of individuals and possible hours for services);
5. Specific project plan (An outline of work procedures, technical comments, clarifications
and any additional information deemed necessary to perform the services);
6. Potential market path;
7. Criteria for measuring success;
8. Budget Price Sheet/Rate Schedule;
9. Proposal Exceptions to this RFP (if any);
10. Appendix A - Proposal Cover Sheet (ast 2 pages of this document)
I L Appendix C: Facilities and Equipment
12. Appendix D: Biographical Sketches and Experience of the principle investigators and / or
primary research personnel for each project (ifdifferent individuals for each project
submitted)
RFP No. R-39605 Page 5 of9
Avista Corporation
East 141I Mission Ave.
Spokane, WA99202 ^ffillrstr
6.3 Proposal Cover Sheet
Bidder must fill out, sign and date the attached Proposal Cover Sheet. The signatory must be a
person authorized to legally bind Bidder's company to a contractual relationship (e.g. an officer of
the company).
6.4 Institution Information
o Institution Oualifications
Bidder shall provide information on projects of similar size and scope that Bidder has
undertaken and completed within the last five years. Please include a list of references on
Appendix A that could be contacted to discuss Bidders involvement in these projects.
Institution Resources
Identiff any unique or special equipment, intellect, hardware, and software or personnel
resources relevant to the proposed Services that Bidder's firm possesses(list in Appendix D).
c ProiectPersonnelQuali/ications
Provide aproposed organization chart or staffing list for aproject of this size and scope and
identifr the personnel who will fill these positions. If applicable, identifi project managers
who will be overseeing the Services and submit their resume identiffing their work history,
(please see Section 6.2, question #4).
c ApproachtoSubcontracting
If Bidder's approach to performing the Services will require the use of subcontractors, include
for each subcontractor: (a) a description oftheir areas of responsibility, (b) identification of
the assigned subcontractor personnel, (c) resumes of key subcontractor personnel, (d) a
summary of the experience and qualifications of the proposed subcontracting firms in work
similar to that proposed, and (e) a list of references for such work.
6.5 Evaluation Criteria
Avista will evaluate each proposal based upon the following criteria:
6.5.1 Project Requirementso Strength ofProposal
. Responsiveness to the RFP
o Creativity in Leveraging Resources
o Samples of Work Products
o Overall Proposal (Complete, Clear, Professional)
6.5.2 Strength & Cohesiveness of the Project Teamo Overall ability to manage the project
o Technical ability to execute the Services
o Research/analysis ability
. Project milestones with clear stage and gates (annually)
o Overall team cohesiveness
6.5.3 Qualilications and Experience. Experience working with electric utilities
. Project management and multi-disciplined approaches
. Experience working with organizations in a team atmosphere
RFP No. R-39605 Page 6 of9
Avista Corporation
East l4l I Mission Ave.
Spokane, WA99202 ^ffilnsrt
7.0 RESERVATION OF AVISTA RIGHTS:
Avista may, in its sole discretion, exercise one or more of the following rights and options with respect
to this RFP:
o Modi8, extend, or cancel this RFP at any time to obtain additional proposals or for any other
reason Avista determines to be in its best interest;
o Issue a new RFP with terms and conditions that are the same, similar or substantially different as
those set forth in this or a previous RFP in order to obtain additional proposals or for any other
reason Avista determines to be in its best interest;
o Waive any defect or deficiency in any proposal, if in Avista's sole judgment, the defect or
deficiency is not material in response to this RFP;
o Evaluate and reject proposals at any time, for any reason including without limitation, whether or
not Bidder's proposal contains Requested Exceptions to Contract Terms;
. Negotiate with one or more Bidders regarding price, or any other term of Bidders' proposals, and
such other contractual terms as Avista may require, at any time prior to execution of a final
contract, whether or not a notice of intent to contract has been issued to any Bidder and without
reissuing this RFP;
o Discontinue negotiations with any Bidder at any time prior to execution of a final contract, whether
or not a notice of intent to contract has been issued to Bidder, and to enter into negotiations with
any other Bidder, if Avista, in its sole discretion, determines it is in Avista's best interest to do so;
o Rescind, at any time prior to the execution of a final contract, any notice of intent to contract issued
to Bidder.
IEND OF REQUEST FOR PROPOSAL INSTRUCTTONS AND REQUTREMENTSI
RFP No. R-39605 Page 7 of9
Avista Corporation
East l4l I Mission Ave.
Spokane, WA99202 ^frlnsrA
APPENDIX A -I Cover Sheet
Bidder Information
Organization Name:
Organization Form:
(sole proprietorship, partnership, Limited Liability Company, Corporation, etc.)
Primary Contact Person:
Address:
Title:
City,State,Zip:
Telephone:Fax:Federal Tax ID#
E-mail Address:
Name and title of the person(s) authorized to represent Bidder in any negotiations and sign any contract that
may result ("Authorized Representative"):
Name:Title:
If classified as a contractor, provide contractor registration/license number applicable to the state in which
Services are to be performed.
Provide at least three references with telephone numbers (please veriff numbers) that Avista may contact
to veriff the quality of Bidder's previous work in the proposed area of Work.
REFERENCENo. 1:
Organization Name: .
Contact Person: _
Proiect Title:
Telephone:
Fax:
Email:
REFERENCENo.2:
Organization Name: .
Contact Person: _
Proiect Title:
Telephone:
Fax:
Email:
REFERENCE No. 3:
Organization Name: .
Contact Person: _
Proiect Title:
Telephone:
Fax:
Email:
RFP No. R-39605 Page 8 of9
Avista Corporation
East 141I Mission Ave.
Spokane, WA99202 ^frtnsrt
By signing this page and submitting a Proposal, the Authorized Representative certifies that the following
statements are true:
l. They are authorized to bind Bidder's organization.
2. No attempt has been made or will be made by Bidder to induce any other person or organization to
submit or not submit a Proposal.
3. Bidder does not discriminate in its employment practices with regard to race, creed, age, religious
affiliation, sex, disability, sexual orientation or national origin.
4. Bidder has not discriminated and will not discriminate against any minority, women or emerging small
business enterprise in obtaining any subcontracts, ifrequired.
5. Bidder will enter into a contract with Avista and understands that the final Agreement and General
Conditions applicable to the Scope of Work under this RFP will be sent for signature under separate
cover.
6. The statements contained in this Proposal are true and complete to the best of the Authorized
Representative' s knowledge.
7. If awarded a contract under this RFP, Bidder:
(i) Accepts the obligation to comply with all applicable state and federal requirements, policies,
standards and regulations including appropriate invoicing of state and local sales/use taxes (if any) as
separate line items;
(ii) Acknowledges its responsibility for transmittal of such sales tax payments to the taxing authority;
(iii) Agrees to provide at least the minimum liability insurance coverage specified in Avista's attached
sample Agreement, if awarded a contract under this RFP.
8. If there are any exceptions to Avista's RFP requirements or the conditions set forth in any of the RFP
documents, such exceptions have been described in detail in Bidder's Proposal.
9. Bidder has read the "Confidentiality Notice" set forth on the second page of these "INSTRUCTIONS
AND REQUIREMENTS" and agrees to be bound by the terms of same.
Sigrrature:Date:
*** THIS PAGE MUST BE THE TOP PAGE OF BIDDER'S PROPOSAL ***
RFP No. R-39605 Page 9 of9
Avista Research and Development Projec6 Annual Reporl
March 31. 2015
APPENDIX B UNIVERSITY OF IDAHO AGREEMENT
II.
SPONSORED RESEARCH AND DEVELOPMEM PROJECT AGREEMENT
PARTIES
l.l THIS AGREEMENT is mede and entered into by and between Thc Regonts of thc
UNIVERSITY of ldaho (UN[VERS[TY), a public corporation, shte educational
institution, and a body politic rnd corporate organized and existing under the Constitution
and laws of the stste of ldaho, and Avisla Corporation, a Washington corporation
(SPONSOR). ln this Agreement, the above entities arc sometimes referrcd to as a PARTY
and jointly referred to as PAR'l'lES.
PTIRPOSE
This agreernent provides ftc terms and conditions for an Avisu*ponsorcd eneryy
efliciency applied research and development pmject which is of mutual interest and benefit
to UNIVERSITY and SPONSOR, and which has been approved by the ldaho Public
Utilitics Commission under Order 32918.
The performanco of such sponsorcd reseuch and development project is consistent with
LTNrVERSITY's status as a non-profil, tax-exemp(, educalional institution, and may derive
bcnefits for SPONSOR, UNTVERSITY, and society by thc advanccmenl of knowledge in
the field of study identilicd. Thc performanco of such sponsorvd rescarch and devclopment
projects rnay also derive bcnefits for SPONSOR ttuough thc developrnent of enegy
effrciency pmducb and/or serviccs that could bo offcred (o Avista custourers in ldaho and
other jurisdictions and/or liccnscd or sold to othcr utilities or thcir customcm by Avista.
ITNfVERSITY's capabilities reflccia substandal public invcstment, rvhich UNMRSIry,
as a part of its mission as a state higher education institution, wishcs to utilize in a
coolrrative and collaborativc effon rvith SPONSOR, including substantial financial
irrvesfiicnt in sponsortd research and development prcjects, as describcd below.
ttr.DEFTNITTONS
"Budget" shal! mean the Project Budget contained in ltlachmcnt A-&udget, which is
herrby incorporated by reference.
*Project Directo(s)" shall be as described in cach Seope of Work, who shall be the
principal investigator fo ttrc R&D Project.
"SPONSOR Liaison" shall be as described in caoh Scopc of rilork, a SPONSOR
representative designaM by SPONSOR to be the primary contact with the Project
Dircclor.
"Sponsored R&D Projcct" shall rncan tho Avista-sponsored rescarch and devclopment
projcct covered by this Agrccment for *re performance by UNIVERSITY of the SCOPE
OF WORK under the dircction of the Project Director.
"SCOPE OF WORK" shall mcan cach scope of work for the Sponsored R&D Projecr,
under the direction of the koject Director, and any olher ottachmcnts which may provide
addhional information on the Sponsored project lo be performed.
1l
2.2
2.1
3.1
3.2
3.3
3.4
3.s
Avisua R-398728
rv.
3.6 "Confidsntisl Information" shall mean any information, oxperience or data regarding a
disclosing PARTY's plans, prognams, plants, proccsses, products, cofts, equipment
operaions or customcm, including without limitation algorithms, formulae, teohniqucs,
improvements, tgc,hnical drawingp and data, and cornputcr softrvsrs, rvhcther in wrinen,
graphic, oral or othcr tsngible form, considered confidential by the disclosing PARTY and
protected by trade secret or othcr right of nondisclosure under the ldaho Public Records
Act- LC. $$ 9-337 through 9-350.
3,7 "lmellecnral Propcrty" shall mean any lnvention, Copyrighl Trademark, Mask Work,
and/or Proprietary Information produced under the Scope of Work.
3,E "[nvsnlion" shall mean ccrtain inventions and/or discoraories conceived snd reduced to
practicc during the pcriod of performancs of the Sponsorcd R&D Project and through
porformance of the Scope of Worh and resulting patents, divisionals, continuations, or
substitutions of such applications, all reissues and foreign counterpfis thcreof, upon which
a IJNIVERSITY or SPONSOR cmployee or ag€nt is or may be a named inventor.
3.9 "lnvenlion Disclosure{s)' shall mcan I rvritlen disclosure oF a potcntially palenrable
lnvention(s) provided to SPONSOR and the UNTVERSITY's Technology Transfer Oflice.
3.10 "Copyright" shall mean any work developcd undcr thc Scopc of \ilork that is subject ro
copyright under copyright law whcthcr or not registcred undcr federal copyright law, and
including any and all mool rights therao.
3.1 I "Trsdernerk" shall mcan any lradc or servicc marks developcd undcr the Scope of Work
whethcr or not registared undcr cithor stat€ or fcdcral trademark larv, and including all
relqted goodwill.
3.12 "Mask Work" shallmean any lwo or three dimcnsional leyout or topolory of an integrated
circuit developed in thc Sponsored R&D Project under lhe Scope of Work.
SCOPE OF WORK
4.I UNIVERSITY shall firrnish lhe labor, materials, and equipment necossary ro
provide the Services applicablc under this Aglvernenl in accordance with urinen
Scopcsof Wo*, mutuallyagrecd to by the Pa(ics. Such Scopcs of Work will be
incorponated into this Agreemont by lhis reforencc when executed by troth Parlies,
a sample of which is included in this Agrecment as Auachment A-Budget.
fitachmenr B-Scope of Work.
4,2 ModiFrcations to a Scope of Work requested by Avisu will be performcd in
accordancc with a rwitten Change Ond€r, mutually agccd to by rhe Partics.
Clrange Orders will bc incorporated into this Agrcement by this reference upon
cxccution by both Parties.
4-3 UNfVERSITY agrccs to usc ils rcasonablc efnorts to pcrform the SCOPE OF WORK in
accordancc with the terms and conditions of this Agrecrnent. UNIVERSITY does not
repnesent, warrant, or guarantec that the desircd results will be obtained under this
Agreement.
4.3 Kich O ff Meetin giReporting Requirements.
Avisu RJ9B72B
v.
4,3.1 Kich-off Mecting. Within &irty (30) days of excouting this Agrecmcnt and/or an
associatcd Scope of Work, the UNIVERSITY will anend (either in person or
telephonically) a kickoffmccting with thc SPONSOR.
4.1.2 Progress Repons. UNIVERSIIY sholl providc a hvo pagc written repon on thc
progress of the SCOPE OF WORK cvcry six (6) months following thc exccution
of such SCOPEOFWORK.
43.3 Final Technical Report. UNIVERSIT shall furnish a {inal wrinen report within
thirty (30) days of complction of the Pcriod of Performance as defined in Section
5.1, This report will include at a minimum: a summary of project
accomplishments, a summary of budget expenditures, slage and ga(es ilatus,
number of faculty utalized, student participation, ond a slatus of the project and
completion timelines. SPONSOR and UNIVERSITY will idcntify whether such
the report will be proscnied in person or elechonically in each SCOPE OF
WORK.
4.3.4 Final FinarrcialReport. A frnal financial rcport shall bc frrmished rvithin sixty
(60) dan of completion of the Pcriod of Performancc as defined in .Section 5.1-
4.4 Third Par1ry Projcct Manager. SPONSOR will rctain an independent third party to assist
SPONSOR with monitoring milestones and deliverables for each Scope of Work.
UNIVERSITY agrecs to coopcralc with such third party and providc any requested
information in a timely manncr.
GENERAL TERMS AND CONDITIONS
ln consideration of the mutual prcmises and coycnants contained hercin, thc PARTIES agrcc to the
following terms and eonditions.
5.1 Period of Pcrformanca The specifrc period of performancc foreach project will be defined
in each SCOPE OF WORK. and any changcs will bo mutually agreed upon in rvriting
betr,v'een the PARTTES in accordance with the Changc Order process sa forth in Section
4.2.
5.2 Funding. SPONSOR agrees to reimbursc UNIVERSITY for services performed under in
accordance wilh the payment schedule listcd in each SCOPE OF WORK.
A.rry unspont funding renraining upon SPONSOR's acceptancx of UNIVERSITY's
Final Technical Report under Scctiorr 4.3.3,8bove, and its Final Financial Report
under Sectioo4,3.A,above, the expiration orterm of the Agrccment shall be
raurned to SPONSOR.
5.3 fuiect Bgdsd. Each SCOPE OF WORK will sct forth a Project Budget (*e Atrachnail
A-BudSe|. Deviations from this Prdect Budget rnay be madc to and ftom any expendinrre
line item within the UNwERSII'Y system. as long as such deviation is reasonablc and
ncccssary in the pursuit of thc SCOPE OF WORK ond pre-approved by SPONSOR. The
total emount identifred in cach SCOPE OF WORK may not be cxcecded without prior
written agrcemcnt thmugh a Changc Order.
5.4 lOyolccs. Pcriodic invoiccs will bc provided, in accordanco with 5.2 using thc standard
UNTERS|TY invoice. Paymcnts arc due to UNIVERSITY *'ithin thirty (30) days frorn
the UNIVERSITY invoioc date.
Avisrs R-39E728
lnvoiccs should bo sent to:
Name/Titlo:John Gibsrrn Phone: [phone] l5
Address: l4l I E. MisioLAve,E-mail: iohn.sibsonfasvistacom.com
City/Smte/Zip: _Spokanc. WA 99220
5.5 Eguipmcnt. LTNwERSITY shall rctain tiile to any equipment purchased with funds
provided by SFONSOR under tiis Agrcement.
5.6 Kev Personncl. The Project Director may seleet and supervise other Sponsorcd R&D
Project staff as needed to perform the SCOPE OF WORK. No other pcrson will be
substituled forthe Project Director, exccpt with SFONSOR's approval. SPONSOR nay
excrcise Termination for Convsnience provisions of this Agrecrnent if a satislhctory
substitute is not identificd.
5.7 Control of Scope of Wprk. The control of the SCOPE OF WORK rests cntirely with
SPONSOR but controlof the pcrformancc ofthc UNIVERSIry and the Sponsored R&D
Projcct staffin executing the SCOPE OF WORK within the Sponsored R&D Project shall
rcst entirely with UNIVERSITY. Thc PARTIES agrca that UNIVERSITY, through its
Projcct Director, slrall maintain rcgutar @mmunication with the designated liaison for
SFONSOR and thc UNMRSITY's Projca Dircotor and SPONSOR's Liaison shall
mutually definc the fttquency and nalurc of such communicalions.
5.8 Confidcntial lnforrnation.
5.8.1 To tho extent allorved by law, and subjccl to 6rc publisation provisions sot forth in
Section 5.9 below, UNIVERSITY and SPONSOR agrec to use rc'asonable carc to avoid
unauthorizcd disclosurc of Conlidential lnformation, including without Iimitation taking
mcasures to prewnt cteating a premature bar to a United Statss or foreigrr patent
application. Each party rvill limit access to and any publicatio,n or disclosure of
Confidential Information rcccived frnm anolher party hereto anilor created and rcduced
to practice as a part of the Sponsorcd R&D Project. to thosc pcrsons having a ncod to
know. Each party shall employ the same reasonablo safeguads in receiving storing
transmicling" and using Confrdential lnformation tlrat pnrdent organizations normally
exercise with rcspcct to their own potcntially patentable invantions and other confidential
information of significant valuc.
5,8.2 Any Confrdential Information shall be in rriuem, graphic, or other tangible lbrm
or reduccd to sush form within thirty (30) days of disclosure and shall bc clcarly
idenrified in writing as confidential at the time of or within thirty (30) days of
disclosure. Confidential Information shall not be disclced by the recciving parry
to a third party for a period of thrce (3) years from receipt of such information or
until a patcnt is published or thc Confiden(ial Information of a Pany is published
by thc disclocing party or unless the disclosing and re*iving parties agrcc in
writing prior to thc timc of disclosurc to bo bound by confidentialiry provisions
substantially similar to thosc sa forth in this lgreement. Third partics shall
inelude all govemmcntal ofTices. Notwithstanding the above, any Intcllectual
Property arising out o[ crealcd or reduocd to practice as a part of the Sponsored
R&D hoject shatl bc subjecl to tho requiremonts sct forth below in Section 5.9
5.8,3 The terms of confidentiality set forth in this Agreement shall not bc
constnred to limit the poties'right to indcpendently develop products
rvithout the uss ol'another party's Confidcntial Information.
Avisu R-398?28
5.8.4 Confidontial lnformation sholl not include informalion which:
i. was in thc rcccivirrg party's possession prior lo receipt of the disclosed information;ii. is or bccomes a mafiGr of public knowledge through no fault of thc rccciving party;
iii. is received from a third parly without a duty of confidentiality:
iv. is indepcndcntly developcd by thc recciving p"..y*;v. is requircd to be dlscloscd undcr operalion of law, including but not limited to thc ldaho
Public Rccords Act, t,C. $$ 9-337 through 9-350;
vi. is rcasonably ascertained by tiNIVERSITY or SPONSOR to crcate a risk to a p€nion
involved in a clinical trial or to gencral public health and safety.
5.9 Publication. SPONSOR and UNIVERSITY acknowledge tho need to balance
SPONSOR's need to protect commercially feasible lechnologies, products, and processes,
including the prcservation of he patcntability of lnvcntions arising out of, created in or
reduccd to practice as a part of the Sponsor€d R&D Project that fall within the SCOPE OF
WORK, with UNIVERSITY's public responsibiliry to freely disseminate scientific
findings for the advancement of knowledge. UNIVERSITY rccognizes thal the public
disscmination of information bascd upon the SCOPE OF WORK performed under this
Agrucment cannot contain Confidential Information (unlcs authorizod for disclosure yrcr
subscction 5.8.2 above), nor should it jcopardize SPONSOR or UNIVERSITY's ability to
contmcrcialize Inlellcc(ual Property dcveloped herpundcr. Similarly, SPONSOR
rccognizcs that the soicntific rcsults of the Sponsored R&D Project may be publishable
after SPONSOR's interests and patcnt righs arc prorccted and, subject to the confidentiality
provisions of this Agrccrncnt" may bc prcsentablc in forums such as symposia or
intemational, national or regional professional meotings, or published in vehicles such as
bookg journals, wcbsites, theses, or disscrtalions.
UNMRSITY agress nol to publish or othcrvrisc disclosc SPONSOR Confidcntial
Informstion, unless authorized in writing by SPONSOR. SPONSOR agrces that
IJNIVERSITY, subject to revicw by SPONSOR, shall have tho right to publish rcsults of
the Sponsorod R&D Projcct, excluding SPONSOR Confidential Information that is not
authorized in writing to be discloscd by SPONSOR. SPONSOR shall bc furnished copies
of any proposed publication or presontation at least tbirty (30) days heforc submission of
such proposcd publication or prescntation. During lhgt time, SPONSOR sholl have the
right to review the inaterial for SPONSOR Confidential Information and to ass€ss the
parenrabiliry of any lnvention dcscribed in the material. If SPONSOR decides that a patent
application for an lnvcntion should bc filcd or other Intcllectual Property filing should be
pursued, the publication or pr€sertatiorr shall be delayed an additional sixty (60) days or
until a parcnt applicadon or othcrapplication for protection of Intellectual Property is filed,
whichever is sooner. At SPONSOR's request, SPONSOR Confidential lnformation shall
be deletod to the extent permissiblc by and in compliancc wilh UNIVERSITY's reord
rctention obligOtions, provide4 howcvcrthat during such rctcntion pcriods, UNfVERSITY
shall nraintain the SPONSOR Confrdential lnformalion in accordance with Section 5.8.
5.t0 PuDliciw. Neithorpartyshallusethcnamcoftheuherparry,noranymernberoftheother
pa(y's cmployces, nor cither party's Tradcmarls in any publiciry. advertising sales
pronrotion, ncws rgleasc, nor other publicitv lnataer without the prior writton approval of
an authorizcd representativc ofthat parry,
5.1 I Tcrinination for Convcniensc. This Agreement or any individual Scopc of Work may bc
tcrminotcd by either party hereto upon writtcn notice delivered to thc olher party at least
sixry (60) days prior to the date of termination. By such tcrmination, ncither party may
nullify obligetions already incurred prior to tho doto of tormination. Upon rccciptof any
Avista R-398728
suoh notice of termination, UNIVBRSITY shall, cxcept as otherwisc dirscicd by
SPONSOR, immediately stop performancc of the Scrvices or Worlt to lhe cxtont
specified in such notice. SPONSOR shull pay all reasonablc costs and non-cancelablc
obligations incuned by UNTVERSITY as of the datc of tcrmination. UNIVERSITY shatl
usc its reasonable cfforts to minimize the compensalion payablo under this Agrement in
the evcnt of such termination.
5.12 Termination for$ausG. Either Party mey tenninete this Agreement or an individual
Scopc of Work at any time upon 30 days'prior wriften notice in the cvent of a material
breach by thc olhcr Prrty, provided the breaching Party has not cured such breach during
such 30{ay period. A material breach includes, rvithout limitation, insolvency,
bankruptcy, goneral assigrmenl forthe benefit of cncditors, or becorning the subject of
any procecding commenccd undcr any stanltc or law for the relief of dcbtors, or if a
rcceiver, trustee or liquidator of any property or incorne of cither Party is appointcd, or if
INIVERSITY is nog performing the Services in accordance with this Agrcement or an
individual Scope of Work,
5.13 Tcrmination Oblioations. In addition to lhose obtigations set out in 5.1 I and 5.12, any
termination of this Agreement or an individual Scope of Work shall not relievc either party
of any obligations incurred priur to the datE of tcrmination including. but not limited to,
SIONSOR's re,sponsibility to pay UNIVERSITY for all work perforrned through thc date
of tcrmination, calcuhtcd on a pm-rala basis given fte percentage of completion of the
Sponsored R&D Projcct on the cffcctive date of the termination, and for reinrbursement to
TNIVERSITY of all rton-cancolable commitments alrcady incurred for the terminated
Sponsorcd R&D Project. Upon lcrmination, UNIVERSITY shall promptly delivcr to
SPONSOR all Sponsored R&D hoject deliverab tss, whcrhcr complcte or still in progress,
and all SPONSOR Confidential lnformation disolosed to UNIVERSITY in conncction
with the Sponsored R&D Project. Additionalln in tho event lntollectual Propcrty was
create.d asa rcsult of the Sponsored R&D Project, SPONSORS' rights to negotiatea licensc
to such Intellecfual Property shall apply pursuant to Section 5.16 belou and thc partics'
agrce to executc any documents evidencing joint orvnership, if applicable. The rights and
obligations of Articlc 5.t of this Agreernent shall survivc tcrmination.
5.14 Disoute Resolution, Any and all claims, disputes or conrrovcsies arising under, out of, or
in connection with lhis Agreement, which lhe Frtics hercto shall be unable to resolve
rvithin sixty (60) days, shall be mediated in good faith by the partics respective Vice
Prcsidents for Research or equivalent.
Nothing in this Agrecment shall be eonsrn:cd to limit thc PARTTES' choice of a mutually
accepublc dispute resolution mcthod in addition to the dispute resolution poccdure
outlined above, or to limit the PARTIES rights to any rcmedy 0t law or in equity for breach
of the rcnns of this Agreemcnt and the right to rpceivc reasonablc anorney's fces and costs
incuncd in enforcing lhe tcrms of this Agrccmcnt.
5. I 5 Disclaimcr. UNIVERSITY tv{AI(ES NO EXPRESS OR )MPLIED WARRANTY AS TO
THE CONDITIONS OF THE SCOPE OF WORK, SPONSORED PROJECT OR ANY
NTELLECTUAL PROPERTY, GENERATED INFORMATION, OR PRODUCT
MADE OR DEVELOPED I'NDER THIS AGREEMENT, OR THE
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE
SPONSORED PROJECT, SCOPE OF WORK OR RESULTING PRODUCT.
5.15 IntellectualPropcq.
Avista R-39E728
5.16.1 LNIVERSTTY lntellcctual Property, IJNTVERSIfi sltall own all rights and titlc
to Intellcctual Property crcoted solely by UNMRSITY cmployees.
5.16.2 SPONSOR tntellectual Property. SPONSOR shall own all rights and title to
Intellec(ual Property cFcsted solcly by SPONSOR and without use of
UNIVERSITY resourqes under this Agreoment.
5.16.1 JOINT Intellectual Property. UNIVERSTTY and SPONSOR willjointly orvn any
and all lnteltectual Property devetoped jointly (e.g.. to the extcnt the parties would
be consideredjoint inventors and/orjoint copyright holders, as applicable, under
rclevant U.S. intcllecruol pnoperty laws) rrnder this Agrsement.
5.16.4 Eithcr party may file for and maintain Intclleco,ral Propc.ty protections for Joint
lntellecrual Property devclopcd under this Agreement. In thc cvent that a party
wants lo obtain or maintain any lntellecrua! Pmperty protections conccrning Joint
lntellecNal Property, the othm party agr?as to execute any documentation
rcasonably rcqucsted.
5.16.5 Joint Intellec(ual Property shall be owned cqually by thc parties. Except as
pmvidod bclow, thc parties agrce; (i) to share equally all wpenses incurred in
ob{aining and maintaining lntellectual Pmpe(y pnotcctions on Joint lrrtellectual
Propaty, and (ii) that each party shcll havc the right to license such Joint
Invcntions to third parties (with thc right to subliccnsc) without accounting to the
othcr and without thc consent of tho othcr. In tho event that conscnt by cach joint
owner is nac€ssary for cithcrjoint owner to liccnse thc Joint IntcJlcotual Propefty,
the parties hereby consGnt to the othor party's grant of one or monc licenscs under
tlre Joint Intellectual Poperty to thind parties ond shell executs any documcnt or
do any other act raasonably requestcd to evidence such consent.
5.15.? Nohvithstandingtheforcgoingapartyrnaydecideatonylirnothatitdoosnotwant
to financially support Intcllectual Propery protections for certain Joint Intellectual
Property (a "@'). In that cgse, the other parry is freo to scek
and obtain such lntellccrual Pmperty protoctions at its o\ur expense (a
".S,uooortins Prrtv"), provided that title to rny such Intellpctual Property
protections shall.rtill be held jointly by lhe parlies,
5.16.E UNwERSITY will promptly disclose to SPONSOR in wriling rny Intellectual
Propefiy made during the Project perfonncd hereunder. Such disclosure shall be
sufficiently detailed for SPONSOR to assess the commercial viability of the
technolory and shall be provided and rnainuined by SPONSOR in conlidence
pursuanl b rhe terms of Article 5.E. SPONSOR shall havc up to nincty (90) days
from the rerrcipt <rf thedisclosure to inform UNIVERSITY whether iteleclsto havc
UNMRSTTY fih a patenr epplication or ottrerwise s€€k lntellochral Property
protcction pursuant to thc procedures sol forth betow.
5.16.9 All rights and titlc to UNIVERSTTY Intcllectual Propcrty strall bc subject ro
SPONSOR's licensing options below and bclong to UNIVERSTTY.
UNIVERSITY hereby granls lo SPONSOR an option to nogotiate a liccnse to any
lntellcctual Propcrty in rvhich SPONSOR rvishes to pursue, rvhich liccnse shall be
in a form substantially the same as sct for{h in Attachmcnt C. Such license shall
bo exclusive within SPONSOR's field of commercial interest, unless othorwise
agrccd upon by the parties. In addition, SPONSOR shall have, for atry exclusive
Avista R-39E?28
licpnse in lntcllectual Propcrty execuied by tho Partics, the right to sublicenso the
lntellectual Propc$, unless otherwise agrecd upon by the parties. The tcrms and
conditions of such license including royalties, tenitory and ficld of use arc to be
negotiated in good fai*r and agrecd upon botwoen UNIVERSITY and SPONSOR.
SPONSOR's option to license any Intellectual Propcrty shall, for each lnvcntion
or other lntellectual Pmperty discloscd by I.INIVERSITY to SPONSOR, urrder
Section 5.16.8, extend for nincty (90) days after suoh disclosure. SPONSOR shelt
have upon exercise of iu option lo license, ninety (90) days to negotiatc ihc torms
of the license, which pcriod can bc e.ttcnded by mutual writtpn ageornent of the
Parties. ln the cvcnt that SPONSOR does not exercise its option as to any disclosed
lnvention or Intolloctual Pnopcrty, consistent with specified time period sor forth
aboy€, or the parties fail to reach a mutually acceptablc license agrcement within
the rbovc spccified time period, UNIVERSITY shall be entitled to negotiate in
good faith with one or more third panics n licensc to the lnt€llccrual ttoperty.
5.t6.10 LTNIVERSITY, after due consultation with SPONSOR, shall prornptly file and
prosccute patent applications, using courcel of LJNIVERSITY's choice. Because
UNMRSITY and SPONSOR have a common legal interest in the prosecution of
such applications, UNIVERSITY shall kecp SPONSOR advised fs to sll
developrnents wih respect to application(s) and shall pmrnptly supply copies of
all papers reccivcd and filcd in conncction with thc pros(Dulion in sulTicient time
for SPONSOR to comment. SPONSOR undcrstards and agrecs thar such
exchangc of information may includc privileged information and that by suuh an
exchange in fu(herancc of the common intercsts of thc pa(ies, thc UNIVERSTTY
does not intcnd to waive thc attorncy/clicnt privilegc, auorncy rvork product
immunity, common intcrcst privilcgc, and/or any othcr applicablo privilege,
protcstion, or immunity. SPONSOR's commcnts shall be uken into consideration.
SPONSOR shall rcimbursc ITN[VERSITY for all rssonablo out-of-pocket eost:
incuned in conneclion with such proparstion. filing, and pficsecution of paten(s).
SPONSOR shall not be responsible for any feos undor lhis Section if SPONSOR
clects not lo exercise ih option under Section 5.16.9 other than fees incuned by
the UNIVERSITY acting in consulution with SPONSOR.
5,16.1I Within nine(9) months of the liling date of a U.S. patent application, SPONSOR
shall provide to UNIVERSITY a writlen list of foreign counrries in which
applications should bc filed. If SPONSOR el*ts to discontinue financial support
of any patent proseeution, in any country, UNIVERSITY shall be frce to
continue pmsecution at UNI\IERSITY's cxpense. [n such event, UNIVERSfTY
shall have no funher obligation to SPONSOR in regard to such patent
applications fi patenls.
5,l6.l2UNIVERSITY, subject o its Copyright policy, hereby S,rants to SPONSOR a
royalty-free license to use Copyright material to whioh LINTVERSITY holds the
copyright" with ttre exception of copyrightcd soft*orr, for its non-commercial
use. UNIVERSITY hercby graots to SPONSOR ttre righr to negotiare a license
for commercial usc of Copyrighted material ro which UNIVERSITY holds the
copyrighi on rcasonable tcms and conditions, including a rcasonable royalty, as
the PARTIES hereto agrcc in a subscquent writing.
5.16.13 SPONSOR underslands that UN[VERSITY must comply with the provisions of
US Pateni law, including the Bayh-Oolc Acl.
Avisu R-398728
5.16.l4 No party shall invoke the CREATE ACT (Coopcrative Rcsearch and Technolory
Enhancement Act of 2004 and subsequent amendmonts and implcmcnting
regulations) without written @nscnt ofthe olher pary. In the cvent thal a paty
invokes drc Act without such prior consenq any patent issucd arising out of such
invocation will be ownod by rhe non-invoking part5,.
5.17 Indemnitv and Hold Harmless. SPONSOR shall fully indemnify and hold harmless the
state of [daho, UNIVERSITY and its governing board, officers, employees, and rgefis
from and against any and all costs, losseg damages, liabilities, erpenses, demands, and
judgments, including court costs and rrasonable anorney's fces, which may arise out of
SPONSOR'S activities under or related to this Agreemcnt and SPONSOR's negligent
conduct, Addilionally, SPONSOR shall fully indemnify and hold harmless thc surte of
Idaho, UNIVERSITY and its governing board, officers, employees, and agents from and
against any and all cos(s, losses, damages, liabilities, cxpcnscs, demands, and judgments,
including coun oosts and rcssonable anomcy's fees, which may arise out of SPONSOR's
usc, commercialization, or disribution of information, rnaterials or products which result
in whole or in part from the research performcd punuant to this Agrcement, provided,
however, that SPONSOR shall not indemnifr LNTERS|TY for any ctaims resulting
directly frorn UNIVERSITY's lack ofownership or infringement of a third.party's
intellectual pmpcrty righs.
ln the ovcnt that any $rsh Loss is causod by thc negligEnce of both Parties,
including thcir employces, agcnts, supplicrs and subcontractors, the Lns shall be bome
by the Pa(ies in the proportion that thcir respectivc ncgligenec bcars to thc total
ncgligence causing tho [-oss, providcd, however, that any Lass bornc by the University
shall bc subject o tho limis of tiabiliry specificd in Idaho Codc 6-901 through 6-929,
knorvn as the ldaho Tort Claims Act.
5,18 Arnendments. This Agreement may be amended by muturl agreement of the PARTIES.
Such amendments shall not bc binding unless they arc in writing and signed by personncl
authorized to bind each of the PARTIES.
5.19 AS_ignment. Thc work to be provided under this Ageernerrt. and any claim arising
hcrcunder, is nol assignablc or delegable by either party in whole or in part, wilhout the
exprcss prior written c,onscnt ofthe other party.
5.20 Notices. Any notice or communicalion rcquired or pcrmitted under this Agrecment sball
bc delivered in pcrson, hy ovcmight courier, or by rcgistercd or cefiified mail, postage
prepaid and addrcssed ro the party lo rpceive such notice al ths address given below or such
othcr address as may hereafter be designatcd by notice in writing. Noticc given hencunder
shall be effoctivc as of the datc of rcceipt of such notice:
UNTVERSITY:
NamdTitle: Polly Knutson Phone: [phone]
Address: 875 Perimctcr Dr, MS 1020 Fat: (208) EE5-5?52
Ciry/SutdZip: Moscow,lD 83843-3020 E-mail: 0.'F, ,gluidaho.edu
SPONSOR:
Name/Title: John Gibson Mgr Dist Opm. Phone: [phone] l5
Addrcss: 14ll E. Mission Ave.
City/StatdZip: Spokane, WA 99220
E-mai l: [e-mail]
Avista R-39E?2B
5.23
5.2t
5-22
5.24
5.2s
5.27
Go-v.-erning Lawl JurMiotion and Vcnue: Attomcvs' Fecs. This Agreemcnt shall be
construed and interpracd in accordencc with the laws of tho sute of ldaho, without rcgad
to its choicc of law provisions, Any legal procoeding instituted botweon thc parties shall
bo in thc courts of thc County of Latah, State of ldaho, and each of the parties agrccs to
sutrrnit tothc jurisdiction of suoh courts. ln theevontany legal action is comrncnccd to
constnrc, interprtl or enforce this Agreoment, thc prevuiling porty shall bc cntilled to an
award against the non-prcvailing party for all of the prevailing perty's reosonable attorneys'
fees, cosls and expenses incurned in such action, including any appeals.
Compliance with Laws. SPONSOR understands thal UNIVERSITY and SPONSOR are
subjoct to United .Stales laws and fedcral rcgulations, including the export oftechnicaldata"
computer softirare, laboratory prototypes nnd other commodities (including the Arms
Export Control Acg as amended, and the Export Administotion Act of 1979), and that
SPONSOR's and UNIVERSITY's obligations hereunder are conlingeil upon compliance
with applicablc United Sutes laws and rcgglations, including those for expon control. The
transfer of cerlain technical dtta and commodities may rcquirc a ligense from a cognizant
agcocy of the United Stales Governrnent and/or a wriflcn assurance by SPONSOR that
SPONSOR shall not lransfcr dataorcommodilies to cauin foreign counries without pior
approval of an appropriate agency of the United States Government. UNIVERSITY nor
SPONSOR rcprcscnt that a license shall not be required, nor that, if roquircd, it will be
issucd.
ScverabiliE. If any provision of this Agreemcnt or any provision of any document
incorporatsd by rcfcrcncc shall bc held invalid, such invalidiiy shall not &ffect the other
provisions of this Agrccment which can be givcn effcct without the invalid provisiorr, if
such romaindcr conforms to thc rcquir€mcnts of applicablo law and the fundamcntal
purpose of this Agreement, and to this end tho provisions of this Agrtcment are dcclarcd
to be severable.
No Joint VeqgCU Nothing contained in this agreernent shall be construed as creoting 0
joint vcnture, partncrship, or agcncy rclationship benreen ore parties.
Epqge Maieure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes,
acts of God, inability to obtain labor or materials or reasonablc substitutes therefore,
govcmmental rqrlrictions, govrrlmental rcgulations, governnentol controls, enemy or
hostilo go\€rnmental aetion, civil commotion, fire or other casualty, and othcr ceuses
bcyond the reosonable control of the party obligtcd to perform (sxcept for financial
abiliry). shall excuse the performancc, exccpt for thc payment of money, by such party for
a pcriod cqull to any srch prcvention, delay or stoppage.
Delegation g4d Subcontractinq. LTN[VERSITY shall not (by contract" operation of law or
otherwise) delegate or subconract pcrformance of any Serviccs to any other p€rson or
cntity withoul the prior written consent of SPONSOR Any such delegation or
subcontracting without SPONSOR's prior wrinen conscnt rvill be voidable ar
SPONSOR's option. No delcgation or subcontraoting of performan@ of any of the
Services, with or rvithout SPONSOR's prior rvritcn consenl, will relievo UNIVERSTTY
of its responsibility to pcrform the Scrviccs in accordancc with this Agreemcnt.
Eruire n,reemenu Onaer of prc . This Agrecrnent contains all the terms and
condilions agrecd upon by the PARTIES. No othcr understandings, oral or otherwise,
regarding thc subjcct muller of this Agrecment shall be deemed to exist or to bind any of
l0
5.28
Avista R-398728
the PARTIES hereto. [n the event of an inconsistcncy in this Agrccmcnt, lhc inconsiscncy
shall be resolved by giving procedence in tlre following ordcr:
l. Applicsble strarut€s and rogulations;2. Terms and Conditions contained in tho Agrcemcnt;3. Any anachments oraddcndums; and4. Any othcr provisions incorporalod by refcrence or othenvisc into this Agrocmont.
N wln{ESS WHEREOF, thc PARI'IES hereto have caused this Ageemont to be executed as of the
date set forth hcrein by their duly ruthorized rcprescntatives.
UNTVERSITY SPONSOR
AVISTA CORPORATION
By:
Name:
Title:
Datc:
e,( a//u*L
,t( b-7-t'(
ll
By: --Namc;
Title:
Avisu R.39t72B
Avista Research and Development Projects Annual Report
Mar h ?{ ,n{5
APPENDIX C BOISE STATE UNIVERSITY AGREEMENT
II.
SPONSORED RESEARCH AI{D DEVELOPMENT PROJECT AGREEMENT
PARTIES
L l THIS ACREEMENT is made and entered into by and between Boisc State Universily, an
ldaho state institution of higher educatlon (UNIVERSI'IY), and Avista Corporation, a
Washinglon corporalion (SPONSORI. ln this Agreemenl, lhe above entitie; are
sometirnes refened to as a Party and joinlly refemcd to as Panies.
PURPOSE
2.1 This Agreement provides thc lerms and conditions for an Avista-sponsored energy
elliciency applie{ research and development project wl:ich is of mutual irrtr,'rest and
henelit lo UNI\IERSII'Y and SPONSOR, and whioh has been approved by the ldaho
Public Utilities Cornmission under Order 32918.
2.2 The performance of such sponsored research and devclopmen: project is consistent with
UNIVERSITY'S status as a non-profit, tax-exemg. educational institution, and nray
derive benefits for SPONSOR, UNIVERSITY, and society by tlre advancemenl of
knowledge in tlre field of srudy identified. The perlormance of such sponsored rcsearch
and development projecis may also derive benefits for SPONSOR through the
derelopment of energy efficiency producls and/or services that could be offered to Avista
customers in ldaho and other jurisdictions and/or lioensed or sold io other utilitie.s or tlrcir
cuslomers by Avista.
2.3 lJl.llVERSlTY's capabilities reflecl a substantial public investnrent, which
UNIVERSITY, as a parl oI its mission as a state higher educarion instirution. wishes lo
utilize in a cooperative and collaborative effon witlr SPONSOR. including substantial
financial inveslmenl in sponsored research and development projects, as describerJ below.
DEFINITIONS
3.1 "Btrdget" shall mean the Project Budget contRined in .Auachmctt A-Budgtt. which is
hereby incorporated by refcrence.
3.? "Project Dinrto(s)" shall bc os described in each Scope of Work. who shall be the
principal investigator for the R&D Project.
"SPONSOR Liaison" shall be as described in each Scope of Work. a SPONSOR
representative dcsignated by SPONSOR lo be the primary contad lvith tlre Project
Director.
3.4 "Sponsored R&D Projecl" shall mean the Avista-spnsored research and developnrent
project covered by this Agreement for the performance by UNIVERSITY of rhe Scope of
Work under the dircction of the Project Director.
3-5 ''Scope of Work" shall mean each scope of work for the Sponsored R&D Project, untlcr
the direction of lhe Projcct Dircotor, and any other attachrnents rhar may provide
additional infornation on tlre Sponsored project to be performed.
I
Aviss Conract R-{0097
ur.
3.3
3.6 "Confidenlial Informatiorr" shall rnean any information, experience or data regarding a
disclosing Parry's plans, proggams, planls, prooesses, products, costs. eqrripment
operations or customers, including without linritation algorithrns, fonnulae, lechniques,
improvements, technical drawings and data, and cornputer software. wlrelher in written.
graphic, oral or other tangible form, desigrated in wriling as confidenlial by the
disclosing Pany at the time ot'disclosure to lhe receiving Party.
3.7 "[ntellectuel Property" shall tnean any Invention, Copyright, Trademark, Mask Wor(
and/or Proprietary lnformalion produced under the Scope of Work.
3.8 ''lnvention" shall mean certain inventions urd/or discoveries conceived and reduced to
practice during the period of performarrce of the Sponsored R&D Project and through
perfonnance of the Scope of Work, and resulling patents. divisionals, continuations" or
substilutions ot'such applications, all rcissucs and foreign counterparts thereof, upon
which a UNIVERSITY or SPONSOR ernployee or agent is or may be a narned inventor.
3.9 "lnvenlion Disclosurc(s)' shall mean a tvritten disclosure of a potentially patentable
lnventiorr(s) prcvided to SPONSOR and/or the UNIVERSITY's 'lechnology Transfer
Office.
3.10 'Copyrighted Malerial" shall mean any work dcveloped under the Scope of Work that is
subjcct to copyright under copyriglrt law whetlrcr or not registered urder faderal
copyriglrt law, and including any and all moral rights thereto.
3. I I "Tradcmark" shall nrcan any tradt or service marks developed under the Scope o[ Work
whelher or Dot registered under eilher state or federal lrademark low. and including all
rclaled goodwill.
3.12 "Mask Work" shall nrean any lwo or three dimensional layout or topology of an
inlegrated circuit dcveloped in the Sponsored R&D Project undcr thc Scope of Work.
3.13 "Equipnrent" shall rncan tangible personal prop€rty (includirrg information technologt
systerns) having a uscful life of more thar one year and a per-unit acquisition cost
exceeding $5,000.00.
3.14 "Supplies" shall mean all tangible personal propemy orher rhan Equiprlenr.
ry, SCOPE OF WORK; NO WARRANTY
4.1 UNTVERSITY shall furnish the labor, rnaterials, and equipment necessary ro provide the
services applicable under this Agrecnrent in accordance with rvritten Scopes of Work.
muttrally agrecd to by the Parties. Such Scopes of Work will be incorporated into this
Agreemenl by this reference when executed by both Parties, a sanple of which is
irrcluded in this AgreemEnl as Afiachment A-Btdgel, Altachmem B-Scope ol Work.
4.2 Modifications to a Scqre of Work requested by SPONSOR will be perfonned in
accordance with a wriilen Change Order, rnutually agreed to by the Parties. Charrge
Orders will be incorporated into this Agreement by this rcference upon execuliorr by both
Parties. For SPONSOR, a Change Order nray be signcd by either SPONSOR or by
SPONSOR'S Third Pany Prcject Manager.
4.3 UNIVERSITY agrees to use ils reasonable efforts to perform the services outlined in any
Scope of Work in accordance with the tenns and conditions of this Aggcemenl.
2
Avista Contract R-40097
UNIVERSITY DOES NOT REPRESENT, WARRANT, OR CUARANTEE TTIAT THE
DESIRED RESULTS WILL BE OBTA]NED T'NDER TH]S ACREEMENT.
ADDITIONALLY, UNIVERSITY MAKES NO REPRESENTATION AS TO THE
PATENTAB1LITY OR PROTECTABILITY OF ANY INTELLECTUAL PROPERTY
CREATED TJNDER THIS AGREEMENT.
4.3 Kick Off Meeting/Reporting Requirements.
4.3.1 KickoffMceting, Within thirty (30) days of executinB tlris Agreemerrt and/or an
associated Scope of Work, the UNIVERSI'FY will attend (cither in person or
telephonically) a kick-offmeeting with thc SPONSOR.
4.3.2 Progress Reports. UNIVERSITY shall provide a two page writlen reporl on the
progress of the Scope of Work every si.r (6) months following the execution of
such Scope of Work.
4.3.3 Final Technical Repod. UNIVERSITY shall furnish a final written report rvithin
thirlv (30) days of completion of the Period of Perlbrmance as delined in Saction
5.1. This repon will include at a minimum: a summary of projecl
accomplishmerrls, a summary of budgct expendituros. stage and gales slatus,
number of faculty utilized, srudent panicipation. and a status ol'rhe projecr and
cornptction tirnelines. SPONSOR and UNIVERSITY will idenify whether such
the repon will be presented in penon or clecrronically in each Scope ol Work.
4.3.4 Final Financial Report. A final financial report shall be furnished rvithin sixf-v
(60) days of complction of the Period of Performance as defined in Section 5.1.
4.4 Third Parly Project Manager. SPONSOR will retain an indepcndent third party to assist
SPONSOR with monitoring nrileslones and deliverables for each Scope of Work.
UNIVERSITY agrees to cooperate with suoh third parfy and provide any requested
information in a timely rnanner.
V. GENERALTERIVIS AND CONDITIONS
In consideration of the mutual prcnrises and covenans contained herein. the Partics agree ro the
following tenns and oorrditions.
5.1 Peripd -olP-e.r[omqnc-q. The specific period of perforrnance for each pruject rvill tre
defined in eaclt Scop of Work, and any changes will be mutually agreed upon in writing
between the Parties in accondancc with the Changc Ordcr proocss set forlh in Section 4.2.
5.2 Furdine. SPONSOR agrees to reimburse LTNIVERSITY for services performed in
accordance with the payment schedule listed in each Scope of Work. Any unspent
funding remaining aficr lJl.llVERSlfi completes each Scope of Work and associaled
l'eporring reguiremenls shal! be retumed to SPONSOR.
5.3 P_19j9.c_t_Udge!. Each Scope of Work will sel forth a Project Budget (s* Attac-hment A-
!luclg:t). Deviations from this Projeo Budget may be made to and from any expendilrrre
lirre item within the IJNIVERSITY syslenr, as long a.s such deviation is reasorrable and
neocssary in the pursuit of the Scope of Work and pre-approved by SPONSOR. provided
however that UNIVERSITY shall not be required to receiye prior writlen approval for
amountslessthan$500. ThetotalamountidentifiedineachSoopeofWorkmnynotbe
exceedcd without prior rvrihen ag,reement through a Change Order.
J
Avista Conrract R400!7
5.5
5.6
5.4 Invoices. Periodic invoices will be provided, in accordance wilh 5.2 using tlrc standard
UNIVtsRSITY invoice. Payments are due to UNIVERSITY within thiny (.10) da,vs lrom
the UNIVERSITY invoice date.
lnvoices should be senl to:
Name/Titlc: John Obs-qn Phone:[phone]!_lL __ _E-mail: [e-mail]: l4l I F.. Mission Ave.City/State/Zip:@
Equipment and.SU)p.l_i_eS. UNIVERSITY shall retain title to any Equipment and Supplies
purchascd with funds provided by SPONSOR under this Agreement.
Kev Personnel. The Project Director may select and supervise ollrcr Sponsored R&D
Project $aff as needed lo perfornr lhe Scope of Work. No other person will be
strbsriruted for the Project Director, excepl with SPONSOR's approval. SPONSOR may
exercise Tennination for Convenience provisions of this Agcernent if a satisfactory
substitute is not iderrtitied.
Conttol ._of Scooe of Work. The control of the Scope of Work rests entirely *,ith
SPONSOR. bul control of the performance of the UNIVERSITY and rhe Sponsored
R&D Project slaff in executing the Scope of Work within the Sponsored R&D Projuct
shall rest entirely with UNIVERSITY. Thc Panies aBrce lhat LINIVERSITY. through its
Project Director, slmll rnaintain rcgular commurricalion with lhe designated liaison for
SPONSOR and thc UNIVERSITY's Project Dirrclor and SPONSOR's Liaison shall
mutually define the frequency and nature of such comrnunications.
Con fi dential lnfornlat ion.
5.8.1 To the extent allowed by law. and suhject to the publication provisions sel forth
in Section 5.9 belorv, UNIVERSITY and SPONSOR agree to use reasonable care
to avoid undulhorizcd disclosure of Conl'idential lnformation. includirrg rvithout
limitation taking measures to prevent creating a premature bar to a United States
or foreign patent applicalion. Each Parry will limit access to, and any publication
or disclosure of. Confidential lnfonnation received from another Parry herelo
and/or c.reated and reduced to prailice as a parl of rhe Sponsored R&D Project, ro
those persons having a need lo know. Each Party shall employ tlrc same
reasonable safeguards in receiving storing. trarrmining, and using Confidential
lnformation that each Pany normally exerciscs rvith respecl to its own lJolenliBlly
patcntable inventions and other confidential inforn:ation ofsignificanr value.
5.8.2 Confidenlial Infonnation shall not be disclosed by the receiving Pany to a third
party: (i) for a period of three (3) years from receipl of such Confidential
ln[ormation; or (ii) until a patenl is published or the Confidential lnformation o[a Party is published by the disclosing Partyl or (iii) LTNIVERSITY and
SPONSOR mutually agroc to such release in a writirrg signed by both Partie*
Nolwithstanding tlre above. any lntellectual Propertv arising out of. created or
redrrced to practice as apafl ofthe Sponsored R&D Projecr shall bc subject to rhc
requirements set lonh belorv in Sectiorr 5,9
5.7
5.8
4
Avista Contracl R-40097
5.8.3 The terms of confidentiality set foah in this Agreernent shall not be conshued to
limit the panies' rigltt to indcpendently develop products without lhe use of
anothcr Parly's Confidenlial Inlbnnation.
5.8.4 Conlldential Information shall not inctude infornralion whiclr:i, was in the receiving Parry's possession prior to receipt of lhe disclosed
ini'ormation;ii. is or becomes a nratter of public knowledge through no faulr of rhe receiving
Party;
iii. is received llom a third party rvithout a duly of confidentialily;
ir,. is independently developed by the receiving l,arry;v. is re.quired to be disclosed under operation of law, including bul not linrited to the
ldaho Public Records Acr. l.C. S$ 9-337 through 9-350;
vi. is reasonably asccrtained by LINIVERSITY or SPONSOR to create a risk lo a
person involved in a clinical trial or to general public health and safety.
Publication. SPONSOR and UNIVERSITY acknowledge tlrc need to balarrce
SPONSOR's need to protect eommercially fcasible tcchnologics, produc(s. and
proccsscs, including the prcservation of the patentabiliry of lnveotions arising out of,
crealed in or reduced 1o practice as a psrt of the Sponsored R&D Project that fall rvithin
the Scope of Work with UNIVERSITY's public rcsporrsibilitS' to treely disseminate
scientific findirrgp fbrthe advanc,grngnl of knowledge. UNIVERSITY recognizes lltal the
prrblic dissenrination of infonnation based upon lhe Scope of Worli perfornred under this
Agreernent cannd contain Confidential Infonuation (urrless authorized for disclosure per
subscction 5.8.2 above), nor should it jeoprudize SPONSOR or UNIVERSITY's ability ro
commercialize lntellectual Property developed lrcreunder. Sinrilarly. SPONSOR
recognizes that the scientific results of the Sponsored R&D Projcct nray bc publishablc
after SPONSOR's intr.-rests and patent rights are protected and, subject to lhe
confidentiality provisions of this Agrccrnent. may be presentable in forurns such as
symposia or international, national or regional professional meetings. or published in
vehicles such as books,journals. websites, theses, or dissenations.
UNIVERSITY and SPONSOR each agree nol to publish or oiherwise disclose
SPONSOR Conltdential Information or UNIVERSITY Confidsnlial lnfiormntion. unless
authorized in writing by the disclosing Party. SPONSOR agrees lhat UNIVERSITY,
subject to rcview by SFONSOR, slull have llte right to publish rssults of the Sponsored
R&D Projecq e.rcluding SPONSOR Confidential lnformation that is nol aulhorized in
writing lo be disclosed by SFONSOR. SPONSOR shall be furnished uopics of any
proposed publication or preseniation al leasl thirty (30) days before subrnission of such
proposed publication or preseniation. During lhat lime, SPONSOR shall have rhe righr ro
review the material for SPONSOR Confidential lnfornration and to asse.ss tlrc
patentatrility of any lnvention described in the rnaterial, If SPONSOR decides that a
patent application for an lnvention slrould be liled or olher Intellscrrral Propeny fililrg
should be prrrsued, the publication or pr€senlalion shall be delayed an additional sixry
(60) days or until a patent applicatlon or olher applicalion for protection of lntellectual
Pnoperry is filed, whiclwver is sooner. At SPONSOR's rcguest, SPONSOR Confidential
lnfonnation shall be deleted lo thc extent permissible by and in cornpliance with
UNIVERSITY's record retention obligations, provided, however that durirrg such
retenlion periods, UNIVERSITY shall maintain the SPONSOR Confidential lnformation
in accondance with Sertion 5.8.
5.10 Publicitv. Neither Party shall use llrc name of the other Party, nor any mernber of the
other Parly's employees, nor either Parly's TradEmarks in any publicity. advertising,
5
Avisla Contract R-4009?
s.9
sales promotion, news relcase, nor other publicity nuncr without the prior wrinen
approval ofan authorized representative ofthat Party,
5.1 I Ternrination for Convenience. This Agreenrcnt or any irrdividual Scope of Work may be
terminated by either Party hcrcto upon written notice delivered lo the other Party at le.rsl
sisty (60) days prior to lhe date of termination. By such tcrmination. neither Party may
nullily obligations already incurred prior to the date of termination. Upon receipt of any
such notice of termination. UNIVERSITY shall, e.\ceF as otherwise directed by
SPONSOR, immedialely stop performance of the services or Work to the exlenl specified
in such notice. SPONSOR shall pay all reasonablc costs and non-cancelablc obligations
incurrcd by UNIVERSITY as of the date of termination. IJNIVERSITY shall use its
reasonable effofls to minimiz-e lhe compensation payable under this Agrcement in thc
event of sttch terntinalion.
5.12 Tcrmination for Causg. Either Party rnay terminate this Agreernenl or an individual
Scope oI Work at any lirne upon thirty (30) days' prior wriflen notice in the evenl of a
n:ateria! breach by the otlrcr Party. provided the breaching Party has nol cured suclr
breach during such 30{ay period. A malerial breach includes, without limitation,
insolvcncy, bankruplcy, gcneral assignment for the benefit of crrcditon. or becoming thc
subject of anSr proceeding cornmenccd under any slarute or law fior the reliefof debtors,
or if a receiver, truste€ or liquidator of any property or incorne of either Party is
appointed. or if UNIVERSITY is not perfornring the serviccs in accordance with this
Agreement or an individual Scope of Work.
S.13 Tcrmination Oblieations. ln addition to those obligations s€t out in 5.ll and 5.12, any
termination ot'tltis Agreement or an individual Scope of Work shall not relieve either
Party of any obliggtions incurred prior to thc datc of temrination including but not
limited to, SPONSORs responsibility to pay UNIVERSITY for all work perfonned
rhrough rhe datc of termirration, calculaled on a pro-rata basis given the percentage of
oompletion of the Sponsored R&D Project on the effective date of the termination, and
for reimbursement to LI'NIVERSI'|Y of all norr-cancelable commilments already incuned
for the terminaled Sponsored R&D Project. Upon terminatiort, UNIVERSITY shall
promplly deliver to SPONSOR all Sponsored R&D Project deliverables. whether
completc or still in progrtss. and all SPONSOR Confidential lnfomratiorr disclosed to
LJNMRSITY in conncction with lhe Sponsored R&D Project. Additionally. in the
cvenl lnlcllcctual Property was crealed as a result of thc Sponsored R&D Project,
SPONSORS' rights lo negotiate a license to such Intellectual Propcrty shall apply
pursuant to Section 5.16 below. and the paflies'agree to execute any documenls
evidencing joint ownership, iInpplicnble. The rights and obligations of Anicle 5.8 of this
Agrcenrcnt shall survive termination.
5.t4 l)ispgtp_BgsolUtiql. Any and allclaims. disputes or controvcrsics arising under. out of.
or in connection with lfris Agrecment. which the Panies hereto shall bc unablc to resolve
within sixty (60) days, shall be rnediatcd in good faith by the Panies' respective Vice
Presidens for Research or eguivalent.
Norhirrg in lhjs Agrrcnrcnt slnli be construed lo lirnit the Parties' chojce oI'a munrally
acceprable dispure resolution method in addition to lhe dispute resolulion procedure
outlined above. or to limit lhe Paflies' rights to any remedy at law or in cquity for breach
of tlte terms of this Agreemenl and the right to receive reasonable aftomey's fees and
costs incurred in enforcing the terms of this Agreetnent.
6
Avista C'ontoct R-{009?
5.15 Disclainrer. UNIVERSITY MAKES NO EXPRESS OR IMPLIED WARRANTY AS
TO THE CONDITIONS OF THE SCOPE OF WORK, SPONSORED PROJECT OR
ANY INTELLECTUAL PROPERTY, OENERATED TNFORMATION, OR PRODUC'I
MADE OR DEVF,LOPED UNDER THIS AGREEMENT. OR THE
MERCFIANTABILTTY, OR FI]'NESS TOR A PARTICULAR PURPOSE OF TIIE
SPONSORED PROJECT, SCOPE OF WORK, OR RESUL'|INC PRODUCI..
5.16 lntellectual-Eropeny.
5.16.1 UNIVERSITY lntellectual Property. UNIVERSITY .shall own all rights and title
to lntellectual Property created solely by tiNIVERSITY employees.
5.16.2 SPONSOR Intellectual Property. SPONSOR shall own all rights and
lntelleclual Property croated solely by SPONSOR and without
LJNIVERSITY resouroes under this Agreement.
5.16.3 JOINT lntellecrual Propcrty. I.JNIVERSITY ard SPONSOR will jointly owrl ony
and all lntellectrral Property developed jointly (e.g., to the extenl the parties
would be considered joint inventors ad/or joint copyright holders, as applicable,
ttnder rclcvant U.S. intellectual property laws) trnder this Agreement.
5.16.4 Either Parry nray file for and rnaintain Intelleclual Property prolections forJoint
lntellecrrnl Ptoperty developed under this Agreemenl. ln thc everrt that a Pany
wants to obtain or maintain any lntellectual Property potections concernirrg Joint
lntellsctual Property. the nonftling Party agrees 10 execule any associated
documentation reasonably requested.
5.16.5 Joint lntellcctual Property shall be owned equally by the pani€s. E.xcept as
provided below, the parties acknowledge: (i) to share equally all e.tpenses
incrrred in obtaining and maintaining lntellectrral Properfy protcclions on Joint
lntellec{ual Property, and (ii) that each Party shall have the righi to liccnse suclr
Joint lnventions to third parties (with thc right to sublicense) without accounling
to the oth6r and without the consent of the olher.
5.16.6 Resened.
5.16.7 Nonvithstanding the foregoing, a Parly rnay decide at any time thal it does nol
lvant to financially support Intolleotual Properry protections for certain Joinl
lntellectual Property (a "Non-Sunnorting Prrty"). lrr that case. the other Pa(y
is frec to seek artd obtain such lntellectual Property protections al ils orvn
expense (a "Suoportins Paftv'). provided that title to any such lrrtcllectual
ProFrW proteclions shall still be held jointly by the parties.
5.16.8 tNIVERSITY and SPONSOR will prornptly disclose to lhe other Party in
writing any lnlellectual Property made drrrirtg thc scrvices performed hereunder.
Such disclosure by UNI\ERSITY shall be sufficiently detailed for SPONSOR to
assqss lhe commercial viability of the technologr and shall bc provided and
maintained by SPONSOR in confidcnce pursuant to the terms ol Aniole 5.8.
SPONSOR shall have up to nincty (90) days fronr the receipt of lhe disclosure to
irrform UNIVERSITY whether it elects to luve UNIVERSITY file
application or otherwise seek Intellectual l,roperty proteclion
proccdures set fonh below.
iltle to
use of
patent
lo the
Y tile a
pursuant
7
Avista Contracl R40097
5.t6.9 UNIVERSITY hcrcby grarls to SPONSOR an option ro negotiate an oxclusive
license under any LINIVERSI'fY Intellectual Property rights that SPONSOR
wishes to pursue (the -Negotiation Right"). UNIVERSITY agrees lo negotiate in
good hith to attempt to esrablish the terms of a license agr@ntem granting the
SPONSOR lhe exclusive riglrts to make. have nrade. use, sell, offler to sell, c.\port
and import producls in the applicable field of usc under lhe applicable
Intellecfual Property rights. Such license agrcemeDt shall be in accordance with
policies, procedures and guidelines sel oul by lhe ldaho State Board of
Edtrcalion, and shall include at lea$ the following provisions: a license f'ce.
annual nuintenance paymentyminimum royalties, milestone paymenB (where
applicable) and royalty payments, paymenl of all past and tuture costs incuned
by UNIVERSITY associated with the protection. proseculion and mainlsnance of
the UNIVERSITY Intellectual Property rights. the limited righr to granr
sublicenses, sublicense fees. a commitment by lhe SPONSOR and any approvcd
sub-licensees to exert best efforts lo introduce licensed products into public use
as rapidly as practicable, the right of UNIVERSITY to tcrminate the license
agreement should tlrc SPONSOR not meet any negotiated duc ditigence
mileslones. a commitrnenl lo maintain the confidentialiry of any t NIVERSITY
Confidential lnformation under Intellectual Property Rights, and irdcmnil.v ard
insurance provisions satisfactory to UNIVERSITY. Addirionally. any licensewill include a reservation of righs for UNIVERSITY to use tlre lnlelleclual
Pmperty Righls for research, teaching and other lawful purposes of the
UNIVERSI'fY. Notwithstanding anylhing in this Agreenrent (o the contrary, lhis
Agreement shall only require lhe Paflies to negotiate in good tairh to flltemt)( lo
enter inlo a license, and shall not rcquire eithcr Pany to enter itlto such a license
unless the lenns and conditions for such licensc are salisfactory to such Party in
ils sole disc.retion. SPONSOR's Negotiation Right shall, for lntellectual Propeny
disclosed by UNIVERSITY lo SPONSOR under Secrion 5.16.8, exterd for
ninety (90) days afler such disclosue Ghe "Negoriarion Period"). SlrONSOlt
shall havc upon exercise of its Negotiation Rjght, ninety (90) days to negotiare
the terms of the license, which period can be extended by rnulual rvrinen
agreement of the Parties. ln the event lhal SPONSOR does not exercise iB
Ncgotialion Ri$rt as to ary disclosed lnvenlion or lntellecrual Propcny within
the Negotiation Period or lhe parties thil to rcach a mutually acceprable license
agreement within the above specified tinre period: (i) SPONSOR'S Negotiation
Right shall cnd; and (ii) LJNIVERSITY shall be entitled to ncgotiale in good faitlr
rvith one or more lhird parties an exclusive or nonexclusive license to the
lntellectual Property in its sole discretion.
5.16-10 UNIVERSITY, afrer due consultation with SPONSOR. shall promptly file and
prosecute patent applications on UNIVERSITY lntelleuual Property to which
SPONSOR e.xercised its Negotiation Right during the Negotiation Period. using
counselof UNIVERSITY's choicc. Becarne UNIVERSITY and SPONSOR have
a common tegal interest in lhe proseculion of such applications, UNIVERSITY
shall keep SPONSOR advised as to all developments with reslx,ot to
application(s) and shall promptly supply copies of all papcrs received arrd liled in
conneclion with the proseculion in sufficient timc for SPONSOR to comtnenr.
SPONSOR undcrstands and agrecs that strch cschange of information rnay
include privileged intbrmation and that by such art exchange in lirrlherance of the
common interests of the paniesn the UNIVERSITY does not intend to rvaive tlre
attorney/client privilege, anorney work product imrnurriry. common intcrest
privilege, and/or any other applicable privilege. profection. or inrnrunity.
SPONSOR's commenls shall be taken into consideration. SPONSOR shall
8
A visu Cont r:act R-1009?
reimbume UNIVERSITY for all reasonable out-of-pockei costs incuned in
connection with such preparatioD, filing and prosec.ulion of patent(s).
SPONSOR shall bc rcsponsible for all suclr cosls under this Seqion until
SPONSOR rrctifies UNIVERSITY in writing that SPONSOR desires to
discontinue its financial supporU provided, bowever, SPONSOR shall tlso bc
rcsponsible for all costs incurred by UNIVERSITY after the date of noticc under
this Scction and which are rcasonably related lo SPONSOR'S prior guidance ro
UNIVERSITY.
5.l6.ll Within nine (9) monthsof the filingdateof a U.S. patent application, SPONSOR
shall provide to UNIVERSITY a rvrilten list ol' foreign counrries in which
applic.rlions should be l'iled. SPONSOR shall provide UNIVERSI'l'Y advance
funding tbr all loreign application#filings. lf SPONSOR elecls ro disconrinrrc
tinanciul support of any patent prosecuiion, in any country. UNIVERSITY shall
be free to continue proseculion at UNIVERSI'I'Y's exJrense. ln such evenr.
UNIVERSITY shall havs no further obligation to SPONSOR in regard lo such
;ntent applications or patents.
5.16.12 UNI\ERSffY, subject to its Copyright policy, hereby grdnls to SPONSOR a
non+xclusive, royalry-free. non-sublicenseable license to use Copyriglrted
Material to which UNI\TERSITY holds the Copyright. with the exeeprion of
copyrighted softrvare (rvhich shall be liccnsed ilt accordance rvitlt Seclion -5.16.9
above), for its inlemal, non-commercial use.
5.16.13 SPONSOR undersmnds that LINIVERSITY must comply with lhe provisions of
US Patent law, including the Bayh-Dole Acl.
5.16.14 No Party shall invoke the CREATE ACT (Cooperative Research irnd Technolop
Enhancement Act of 2004 and subscguent amendrnenls and irnplementirrg
regulations) wilhor.rt written consent of the other Party,
5.17 Indeqrnit_v. qnd Hgld. Harmle-sE. SPONSOR shall fully indcmnifr and hold harmless the
state of ldaho, UNIVERSITY and its governing board. officers, employees, and agents
fronr and agaimt any and all costs. losses, damages. liabilities, expenses, denrands, and
judgments. includiog court costs and reasonable attorney's fees, which may arise our of
SPONSOR'S activilies under or related lo this Agreement and SPONSOR's negligenr
conduct. Additionally, SPONSOR shal! fully indemniff and hold harmless the state of
ldaho, UNIVERSITY and its goveming board, officers, cmployees. and agents from arrd
against ary and all cosls, losses, darnages, Iiabilities, expenses, demunds, and judgmenm,
including court cosls and reasonable atlorney's tbes, which may arise out of SPONSOR's
use! comlnercialization, or distribution of informalion, malerials or producs whish result
in whole or in part frorn the research perfomred pursuant ro lhis Agreemcrlt, provided,
however. that SPONSOR shall not indcrnni! UNIVERSITY for any olaims resulting
directly from UNIVERSII'Y's lack of ownership or infringement of a third-party's
intelleclual property ri ghts.
ln lhe event that any such loss is caused by the negligence of both Parties. inclrrding their
employees, agenls, suppliers ard subcontractors, the loss shall be bome by the Parties in
the proportion that their respective rrcgligence bears lo tlre rotal negligence causing the
loss; providcd, holever, (hat ury loss borne by the UNIVERSI'I Y shall in any event only
hs to rhe extent allowed by ldaho law, including, without lirniralion, the limils ol'liabiliry
spccilied in ldaho Code 6-901 lhrough 6-929, known as the ldaho Ton Clairns Act.
9
Avista Contract R-.10097
5. !8 Amendments. This Agreement may be anrended by mtrnral apfcement of the Parties,
Such amendments shall nol be binding unless tlrcy arc in writing and signed by personnel
authorized to bind each ofthe Parlies.
5.19 Assiqnment. The work to bc provided under tltis Agreemenl, and any claim arising
hereunder, is not assignable or delegable by either Pany in whole or in pan, wichout the
expresspriorwritten consenl of theother Party, excepl as required by ldalto law, policy
or regularion.
5,2O Notices. Any notice or cornmunication required or permirted under this Agreenrent sltall
be delivered in penson, by overnight courier, or by registered or certified rnail, postnge
prepaid and addressed to lhe Party to receive such notice al lhe address givon below or
such other address as may hereafter be designated by notice in rvriring. Noticc given
hereunder shall be eflective as ofthe date ofreceipt ofsuch nolice:
I.JNTVERSITY:
Narne/Title: Matt Smith, Contraot Officer
Phone: Q08) 4?6-1425
Address: l9l0 Univcrsity Drive
E-nrail : [e-mail] u
City/StateZip: Boise, D 83725-l 13 5
SPONSOR:
Name/Title: John Cibson, Mgr Dist Opm.
Phone: [phone] l5
Address: l4ll E. Mission Ave.
E-mail : john.gi [e-mail]
City/State/Zip: S;rckane, WA 992?0
5.21 Govenrins. Larv: Jurisdiclion und Venue: Attomoys' Fees. Tlris Agre*nrenl shall be
construed and interpreted in accordance with lhe larvs of the stale of ldalro. without
regard lo its choice of larv provisions. Any legal proceeding instituted between the
pailies shall be in the courts of the Counry of Adq State of ldaho, and each of tlrc parlies
aBrees to subrnit to the jurisdiction of such courts. ln lhe evenl any legal aclion is
commenced lo cotrstrue, interpret or snforce this Agreement, tlrc prevailing Party shall be
enrirled ro an arvard against lhe non-prevailing Party for all of the prevailing Party's
reasonable attomeys' fees, costs and expenses incurred in such aolion. inclrrding any
appeals.
5.22 _CsnpIance yylh-tg.qs. SPONSOR under$ands that UNIVERSITY and SPONSOR are
subjcct to Urrited States laws and federal regulations. including the export of technology
(i.e., tecfurical data and technical assistance). cornputer software. laboratoq, protolypes
and other conrrnodities (including the Anns Export Control Aq. as amendsd. thc Expofl
Administration Ac( of 1979 and associated implementing regulations and e.xesulive
onders), and that SPONSOR's and UNIVERSITY's obligations hereunder ilc contingenl
upon cornpliancc wilh applicable Uniled States laws and regulati<lns. including those for
export control. The transfer of certain techrrology and commodilies, even wilhin the
borders of tlrc United Statcs, may requirc a license from a cognizant agency of the United
Srates Covernment and/or a wrincn assurance bv SPONSOR thai SPONSOR shall not
transfer technologr. soflware or comrtroditics to co(ain forcign porsons or counlries
withoul prior apprtcval of an appropriate agency of the United States Covemrnent.
Neirher LJNIVERSITY nor SPONSOR represeil ihat a license shall not !g rcquired. nor
rhat, ilre4uired, it will be issued.
t0
Avista Contract R-{0097
5.23 Severahililv. lf nnv provision of this Agrcr.ment or anl' provisiorr of .rn1 docunrcnr
irrr,rr;rornt..J hr rclcrt'ntc th:rlJ h,.. ttcltl inrrlirl. rrrh inruliditr rh:tll nrrt ,rll(\'t lh('.)lhcr
provisions of lhis Agreement rvhiclt can be givcn ellbcr rvirhout thc invdid provision, il'
such rcnrainrJcr conl'ortns lo ths requirerncrrls of applicablc larr, nnd llr fundanrt'ntnl
pru'posc o1'tltrr r\-grcctncttt. tnd irr tltis cud lltc prorisions 6l lhis Agrccrlr(nl .lrrj dcuLrrrrl
lo be scrcrabJc.
.5.14 No Joint Vcnlurc, Nothing conlrincd in this Agrecnlcnt shrrll bc corrslnred as crc:uing s
joanl venturc, panncrship, or agerlcy rr'lationslrip betrvcen the prr(ics.
5-25 l:orce -Majctun:. Any prcucntiorr, dehy or stoppflge duc to strikcs, lockouls, lnbor
disputes, ucts of God, inability' to obuin labor or tnatcrials or reasonahlc suhsrirulcs
thereforc. govcrnmentot restrictions, govcnrntcnlal regulalions, govununcntnl controls,
encnry or hostile govenlmcnlal aclion. civil contrnolion, lire or othcr casuahy. antl othcr
causes bc.vond thc re'asonablc controJ of the Part.r' obligutcd to pr:rlonn (cxcept for
linuncial ahilily). shatl excusc lhr: pcrfonnancc, cxcefl for thc pilynrcnl of moncv. by
such Party lor a ptriorl equal to any such prevenliorr, dclay or stoppnge.
5.27 Pclegstion ald SUJ:.cglrtracting, UNIVERSTTY shall not (hy contract. oper.rtion ul'lsw or
otherrvisc) dclcgte or subconlracl lxrlormancc of arrv .scrviccs lo nn;- olher persorl or
enliry withoul lhe prior rvrittcn consent of SPCINSOR. nny such delcgntion or
subcontncling rvithout SPONSOR's prior written con&rnr rvill be voidable al
SPONSOR's oplion. No dclegation or subconlracling oI pcrlorrnancc ol'any of thc
serryicus. rvith or without SPONSOR's prior rvrilten conscnl, will rclier.e UNIVERSI'fY
of its responsibility to pcrform lhc serviccs in accordurrcc rvith this Agrer:mcnr.
.i.zE Entitc A,rreement: Ordelol Pre$dcncq. 1'his Agreemcrlt conuins oll the tcrrns ond
conditions agreed upon by thc Plnies. No other understandings. orul or othr.rrvise.
rcgnrding thc subjcrt rnal(cr o[ this Agreement shc]l be deemcd to c:rist or lo hind urry ol'
the Partics herclo. In llre elcrll oI an incoruislcnc.y irr tlri.t Agrcr.nre nt, lh!. irlconsistency
sholl be resolvcd by giving prccedencc in the iollorringordar:
L Applicablc stalutes and rcgulalions:
2. 'lenn.r and Corrditioru contained in thc Agrcernent;
3. A|ly allschmcnls or atldendunr; and4. Anv other provisions incorporatcd b_v rcfercnsc or olhenvise irrto this n grccmcnl.
lN WfINESS WIIEREOI;. thc Prrlics hcrcto havc csused this Agrcement to be exccrrlcd os of tlrc datc
sul fonh hcrr,.in h1 lhcir duly authorized rcpresr:nlulives.
UNTVERSITY
BOISE STATE TJNIV ERSITY
Sl',ONSOR
n vts'rA coRPoRA ltoN
By:
Nonre:
Title:
Date:
lt
r\vista (bnrract RJ0097
ATTACHMENT A. BUDCET
UNTVERSITY #
Budqet Catcxories Mlhs"h Yerr I Total
Saleries
Pl Dr. Said Ahrned-Zaid Academic Year
Pl Dr. Seid Afuned-Zaid Srrnrmer
Graduate Research Assistant
Fringc Bencfits
Pl Dr. Said Ahrrrd-Zaid Acadcmic Year
Pl Dr. Said AhmedZaid Summer
Cmd uate Researc h Assistant
Student Costs
Craduate SMent Fee Remission AY & 6
summer ilresis crr<lits
Totel Siudent Costs
Tolel Dircct Costs
Brse lor lndirect Calculstion
lndircct Costs (F&A) J97o On-Cempus
Reserrch
Totrl Coss
t2
Avista Contract R-40097
0. r5
0.0
0.45
t2
4,282
27,000
4,282
27.000
Vt
0.32
0.32
0.07
3tJ82
t.370
1,890
J I,282
t,370
1.890
3,260 3,260
r r,9E7 I t.987
I t,9E7 I IJ87
46.5?9
34.54?
13,471
46,529
34,542
13,471
60.000 60.000
ATTACEMENT B - SCOPE OF WORK
I..INTVERSITY f
Avista Energy Research Proposal
Residential Static VAR Compensator
Boise State universiry
PRINCIPAL INVESTIGATOR:
Dr. Said Ahmed-Zaid
PRo.rr,cr Os.recrrvEs
This proposal is broken down into the follorving tasks during lhe ,irst phase (year I ):
I . Phase l-A : Desigrr and simulate thc RSVC prototype using an appropriatc so ltware package that
reflects real-rvorld components as close as possible- Design and size the (variable) inductor.
(fixedl capacitor, solid-state srvitches. and filtering circuits it needed.
2. Phase l-B: Test the simulated RSVC using a distribulion system simulator such as EPRI's
OpenDSS and evaluale tlrc power and/or encrsi savings irr a small-scale distribution syslem.
3. Phase l{: Perform a cosl-benefil analysis based on the rcsults of the pilot study and estimate the
payback poriod for this apparatus
$ESOI IRCE coi\rilr rTM oN.tS:
l. Pmjcct manager and supervisor: Dr. Said Ahmed-7aid (78 hours)
2. M-S. Graduate Research Assistant: Mr. Muhammad tatif (1300 hours)
PHorr:cr Pr,*'r
Brckground
Conseruation by Voltagc Reduction (CVR) is the implenwntation of a distribution voltage slrat€S/
whereby all voltagps are lowered to the minimum allowed by the equipmcnt rnanufacturer. l'his is a
consequence of the observation thal nrany loads @nsume less power when they are fed with a voltage
lower than norninal. In order to guaranree a good quality scrvice, loads should not be supplicd with a
voltage higher or lower than 5% oF nominal. A range of standard sorvice vohagcs used in the Urtitcd
States is specified by the American National Standards lnstitute (ANSI) as 120 volts norninal, I l4 volts
minimunr (120 V minus 5%) and | 26 volts maximum ( 120 V plus 57o).
Despitc rhe regulatory history, clcctrica! comparrics are forced lo beconrc rnore effrcienl and nrore
compctitive by workirrg to reduce costs. One such big cost is when a company bu_vs costly encrgy lronr
anolher urility in the market when it carnor satisly ils own dernand with its own installed capaciry.
Furlhenrrore. disrribution companies, as well as final cuslomers, must pay a lrigher price pcr kWh during
r3
Avista Contrast R40097
peak dernand hours. The goal of our proposed residential CVR implcmentation is to reduce power
consumption during peak hours in order to save eners/ and costs.
Before applying CVR, power syslem operators and analysls mrst also understand lhe characlerislics of
their loads. Evcn if all loads constured less powcr with less voltage, which is generally nol lnre. we
would not be saving eneqsr in all cascs. Somc devices can give good service by working at a lower
voltage. For example, decrsasing the voltagc of a lightbulb will definitely yield energy sRvingp. However,
there are other devices, such as air conditionens and ovens, which rvill have to work longer to give the
same service. So in the end, w€ mdy not be savilrg energy and, instead, it is possible to cotrsume even
nrore. Wherea-s lowering the voltage may increase line currenl losses. the decrease in power corrsumplion
is expected lo be biggcr, so lhat the overall balance will be positive [-5J.
Projecl Objeclive
Since the implementatiorr of a conservalion by voltage rcduction (CVR) system is beyond the scopc of
this project, we are proposing instead to dcvelop a solution based ou the concept of a Residential Static
VAR Conrpensntor (RSVC) for regulaling residential voltages, espscially during pcali dcmand lrours.
when thc bencfits coincide bcst with the interests of crstonterc and tlrose of the electric cornpanies. These
RSVCJ rvill be an additional tool for sman demand-side managemcnl. By corrtrolling remotsly the
RSvC, a utiliry can apply CVR at specified individual localions during specified periods. Our goal is to
develop such an RSVC prototype and we will leave it to the eleclric utility conrpanics lo develop
strategies tbr conservalion by vollage regulation. Our solulion involves installing an individual apparatus
which will decrease tlrc vohage beforc each cuslomer's service. This may not be chcap but many
independent studies (with different aulhors and procodures) have proved the gltat profit that can be
achieved by working with CVR and thesc additional costs can be justified over the long ti3rm [-5). ln
olher words, the cost of implementing CVR per kWh saved would be snraller than buying lhat amounl ol'
kWh in the nnrket. A question rcmains as to whether lhe psyback for the irritial cost investnrent will be in
lhe range of three to five years.
Our previous experience wilh two senior desiglr projecls on CVR and where we tested lhe ourrent and
power sensilivities of many conrmon household appliances to voltage regulation has provided us with
general conclusions and guidance regarding the feasibilily of this method. Another potenlial benefit of
lhese individual residential devices is drat they can also be used b,y utilitics with high penclrations of
distributed encrgy sources that would normally cornplicate the irnplementation of a global CVR system
for energy reduction.
Projcl Tinreline for Phasc I and Project Deliverables
Work would comrnence when tlp conlracl is cxecuted. Fronr thal point, we anlicipatc cornplcting worli in
l2 rnonths with an intsrim repon at the sixth month point. The timeline is illusrrated below. assuming a
start date of Novembor l, 2014.
l4
Avista Con tracl R-40097
Trsk Slarl
Drtc
Duration Coormcnls
Protofype Design tanl20t4 a nronths Design a prototype based on end-uscr needs rurd
specifications. markeling requirements, cr.lslornr'r
consuainB, budcet. and saFery constrainls-
Protorype Sirnulation utnols 3 months Simulation lhe prolotype using a suitable software
oackaqe with realislic comDonents and controls.
lnterim Repon 4ilnot5 I month This is a progress reporl on thc status of the project
includins simulalion results.
Prototyuc TestinE slv20t5 4 months Test the RSVC using EPRI's OpenDSS rvith a pilot
study of a woical small-scale distribution systcm.
Final Report 9lm0t5 2 months Deliver a final report with details of tlre prolorylx
design, resuhs ofthe tesring. and a cost-benerit analysis
ofoayback oeriod based orr the oilot study.
POTENTIA L TVIA R'( ET PAT}I
If tfre results of this research indicate that a residential (single-phase) static var compensator (RSVC)
offers a signilicant polenlial for encrgy savirtgs by voltage regulation, il can beconre a valtnble tool in a
utility's demand-side managpment for energy efficiency, espccially during peak dcrnnnd hours- The
prototypc design and cost will be evaltated for a l0-kVA. sirrgle-phase, 2000 square feet. rcsidential
homc with a typical load between 1.5 kVA to 20 kVA. 'flre dcsign can casily be scalcd up for largcr
residential homes, buildings, and evcn neighborhoods with single-phase or three-pluse distribullon
transformers.
CRITERIA F.oR MEASTIRING SUCCESS
Srrccess will be rneasrrred by three criteria:
I . A successful design of a prototypc lhat automatically regulates tlre service voltage of a residenrial
horrrc irr the range of I 14 V to 126 V (plus or ntinus 5% of nonrinal). The prototype will be
demonstrated in sintulation in Phase I and, if desired by Avista, in hardware during Phase ll.
2. A successful simulation test of the operation of these devices in a distribution systetn simulator
(such as IIPRI's OpenDSS) using realistic models of common household appliance-s.
3. A cost-trenefit nnatysis based on tlp nsults of the above sirnulation fial would yield the
allowable cosl for such devices in order to aim for a payback period of three to fiw years.
RsrsnENclls
[] Kennedy. W. and R.H. Fletcher. "Consenation Voltage Reduction at Snohomish Counry PUD."
IEEE Transactiorrs orr Power Systemq vol. 6, no. 3. pp. 986-998, Augrsl 1991.
[2] Erickson, J.C, and S.R. Giltigan, "Tho Effects of Voltagc Reductiorr on Distribution Circuit Loads,"
IEEE Transaclions on Power Appnratus and Syslems. vol. PAS- l0l , no. 7, pp.2014-201 8, July 1982.
[3] Wamock, V.J. and T.L. Kirkpatrich "lmpact of Voltage Rcduclion on Energr and Demand: Phase ll."
IEEE Transactions on Power Syslems, vol. PWRS-1, no. ?, pp. 92-95, May 1986.
[4J Fletcher, R.H. and A. Saeed, "lntegrating Engineering and Econornic Analysis for Conservation
Voftagc Reduction." IEEE 2002 Summer Meeting, 0-7803-7519-x/02, pp. 725-730.
[5f Lefebvre, S.. G.Gaba, A.-O. Ba, D. Asbcr, A. Ricard, C. Peneault, and D. Clurrand, "Measuring lhe
Efliciency of Voltage Reduction at Hydro-Quebec Distribution," PES General Meeting - Conversion and
Delivery of Electrical Energy in the 2lst Century, pp. l-7. Pittsburgh, PA,20-24, July 2008, IEEE ?008,
t5
Avista Contract R-10097
Avista Research and Development Projects Annual Report
March 31 2015
APPENDIX D INTERIM REPORT
lncreasing Hydropower Generating Efficiency through Drag Reduction
TA
Increasing Hydropower Generating Efficiency through
Drag Reduction
Interim Report
Project Duration: 12 months
Project Cost: Total Funding $ 72,539
2014 Funding $ 2,723(spent)
2015 Funding $ 69,816
^#lns
Stage of Path to lrlarket for thia
Proposal (Market with x)
t 2 3X4 5 6 7 I
OBJEGTIVE
Energy loss due to friction occurs at various
phases of hydropower generation. This
research investigates the potential of reducing
the energy loss in the penstock so that more
energy is available for power generation.
BUSINESS VALUE
Even a small amount of frictional drag
reduction in the penstock can result in
significant energy production increase over
time because the effect is cumulative.
The drag reduction is possible by treating the
inner wall of concrete penstocks with a
nanoparticle-based water proofi ng agent,
Such an agent is inexpensive and the
treatment effect can last 20 to 30 years,
making the improvement economically
attractive.
INDUSTRY NEED
It is not uncommon that many hydropower
generating plants are 30 to 50 years old.
Many have gone through electronic, electrical
and mechanical equipment overhaul or
upgrades. Penstocks, however, can only be
maintained. New sciences and technologies
on surfaces have developed over the same
30- to 50- year time span. The industry can
benefit from such advances resulting in
increased efficiency in power generation.
BAGKGROUND
Fluid viscosity, however small, causes
shearing of the fluid layer at and near the wall
of a penstock. This shearing consumes energy
and reduces the energy available to the
turbines for electric power generation.
The concrete/cement surface of penstock
inner walls is hydrophilic. Nanotechnology has
made it possible to make these surfaces
hydrophobic or even super-hydrophobic.
Zycosil, a nanoparticle-based water-proving
agent, makes concrete/cement surfaces
hydrophobic.
In theory, flow along hydrophobic surfaces
should experience less shearing than over
hydrophilic surfaces. Some elaborate
measurements have demonstrated frictional
drag reduction over precision-etched metal
super-hydrophobic surfaces. Frictional drag
reduction by hydrophobicity over concrete
surface treated with Zycosil has not been
demonstrated or quantifi ed.
This project evaluates the potential of
frictional drag reduction over Zycosil-treated
surfaces. The evaluation is being carried out
that the Hydraulics Laboratory of the
University of Idaho.
SGOPE
Quantifying frictional drag reduction is to be
carried out through laboratory measurements
of wall shear stress. Listed below are the
originally envisioned tasks. Some have been
modified as a result of the knowledge gained
during this investigation. Listed below are of
the tasks and their status.
1. Organize project team: completed.
2. Prepare test flume: completed.3. Construct specimen carrier: completed
but use discontinued due to
insufficient sensitivity. An alternative
using hanging plate now replaces the
specimen carrier.4. Determine sensor sensitivity and
specimen size: Nearly completed as of
Feb 28, 2015. This task turned out to
be difficult due to the high sensitivity
require to detect very small changes in
wall shear stress. The original
proposed approach of force
measurement on the specimen carrier
was abandoned due to low achievable
sensitivity. We are now using hanging
plates instead. Preliminary results
indicate that the measured frictional
drag forces are reasonable in
magnitude and shows the correct trend
of variation with Reynolds number.
The hanging plate approach is a
unique direct shear drag measurement
and-, to our knowledge, not reported
in the literature. Three additional
shear drag measurement approaches
are being pursued. These are: Preston
tube, velocity profile, and pressurized
pipe flow head loss. All measurement
approaches are necessary for this
project,
5. Conduct test on sand-papered
surfaces: In progress for hanging
plates for some time. Preliminary
measurements using the other three
approaches from task 4 have been
made. Refinement of the measurement
details are evolving as of Feb. 28,
2015.
Quantifyi ng Super-hydrophobicity : In
progress. We have obtained some
scanning electron microscopic (SEM)
images of micron-sized roughness
coated with nanopafticles. The next
step is to quantify SEM images, to
estimate the contact angles of droplets
on treated surfaces, and to relate the
SEM information with the contact
angle. Note that so far the Zycosil
treated surfaces exhibited
hydrophobicity but not super-
hydrophobicity.
Conduct additional tests on Sand
papered plates: Pending,
Prepare concrete specimen : Pending
but we have created some hydrophobic
concrete surfaces.
9. Concrete specimen Testing: Pending,
The testing is to be made using
Preston tube and velocity profile
approaches.
10. Data analysis and additional testing:
Pending.
11. Evaluation of efficiency gain: Pending.
12. Preparing final report: Pending,
An additional phase of the research, after
drag reduction has been established, is to
carry out filed testing and the development of
field implementation details. (This additional
phase is not funded in the current project.)
DELIVERABLES
The final report is the deliverable of this
project, This report will document the work
performed to demonstrate and quantify drag
reduction in the laboratory.
PROJEGT TEAM
Dr. Jim C. P. Liou, PI, Dept. of Civil
Engineering, University of Idaho, 208-885-
6202, [e-mail]
Dr. Brian Johnson,Co-PI, Dept. of Electrical
Engineering, University of Idaho, 208-BB5-
6902, biohnson@uidaho. edu
Five Civil Engineering Seniors: William Kirby,
Taylor Romenesko, Dmitriy Shimberg,
Terrence Stevenson, and Adam Storey.
BUDGET FROM PROPOSAL
Item $
1. Salaries, Waqes, and Frinqe
L.A Liou. PI. Johnson. Co-PI 4,390
L.B one qraduate student RA 24,476
L.C one underoraduate RA 5,2L9
2. Travel 1.000
3. Suoolies and Services
3.A Materials and suoolies 6.000
3.8 SEM senrices 2,000
4. Grad student RA Tuition/SHIP 9.936
Total Direct Cost 53.O21
Indirect Cost 19.518
Total Cost 72.539
A satisfactory graduate student was not
available at the start of the project, The need
was filled by five civil engineering seniors.
Budget items 1.8, IC and 4 are used to pay
these five students.
6.
7.
8.
^#vrsrrSGHEDULE
The original schedule is shown below.
[s !i mms Sanrrtlr
Tasks 1 through 4, (with task 4 significantly expanded as described above) have been essentially
completed on schedule. Tasks 5 and 6 are in progress. Task 6 will be more complex than expected
and will take more time. This task is not in the critical path to other scheduled tasks. Unexpected
difficulties have slowed down some tasks but we are essentially on schedule.
The current schedule is shown below.
FalI samfirt rmr 3umrlar Smatta,
Avista Research and Development Projects Annual Report
March 31 . 201 5
APPENDIX E INTERIM REPORT
Bidirectional Charger Effects on Local Electrical Grids
Universityotldaho
College of Engineering
Bidirectiona! Charger Effects on Local Electrical Grids
with Limited Access
Project Duration: 10 months
Prcject Cost: Total Funding$78,697
2014 Funding $6,568
2015 Funding$72,t29
^#vrsrlr
Stage of Path to Market Work: (marked with X)
1-----2-----3--X-4-----5----6
Stage 3: Metering and test
OBJECTIVE
With the increasing popularity of electrical
vehicles and the anticipated decrease in their
purchase prices over the next several years,
electrical vehicles are coming to every
commercial and academic campus.
On-site charging is a benefit that many
employers may want to provide. We propose
to build a bidlrectional charging system on a
university campus, a system that operates
within the voltages and power levels typical of
a home or small commercial building. We will
use this charger to investigate the effects of
bidirectional charging on the electrical utility
system within the building and on nearby
buildings, From the data collected, we will
identify the appropriate issues, from which we
will prepare a larger proposal near the end of
this project's term for a follow-on campus-
wide investigation.
BUSINESS VALUE
Electric vehicles are becoming popular.
Charging stations on commercial campuses
are likely to become an employee benefit,
Being able to reliably predict the effects of
these charging stations on the local powergrid provides Avista with better means to
oversee construction. Contractors can then
more efficiently build these facilities and,
where appropriate, install mitigation methods.
INDUSTRY NEED
Plenty of service infrastructures exist for gas-
exclusive vehicles, but hybrid or electric
vehicles don't have very many charging
stations outside of certain areas.
Providing these stations will not only providea convenience factor to customers, the
stations will also allow power to be purchased
from customert vehicles through discharging.This power can be used to help correct
demand and power ouality issues.
This project proposes to develop a prototypein conjunction with experimentation to
determine the feasibility of such a station. If
successful, the project would allow areas that
typically have higher outage rates to receive a
more consistent delivery of power, provide
local energy storage station to expedite the
mitigation of power quality issues.
BACKGROUND
Charge and discharge of electrical vehicles
and hybrids may generate some electrical
disturbances. Those will be more noticeable in
small systems such as houses or small
neighborhoods. In order to evaluate those
effects we're going to simulate a small grid
using the Gauss Johnson building.
The vehicle charging/discharging point should
mitigate the possible power quality problems
that it may generate in order to have a stable
system without significant power quality
problems. Corrective actions and hardware
may be necessary, as this project should
determine. Varying levels of load, and hence,power quality problems, should be
investigated.
SGOPE
Task l: Equipment Selection
A preliminary task in order to conduct all the
project is the selection and purchase of all the
necessary equipment needed for the correct
project development,
The main equipment needed:r 2 bi-directional chargersr 4 Power quality meters
Task 2: Equipment !nstallation
This task includes the installation of the
batteries, bi-directional chargers and power
quality meters. Meters are needed to measure
the effects of the bi-directional chargers on
the building power system.
The selection of the metering points has been
done in order to obtain as many different
conditions as possible inside the building.
Planned meter test points are as follows for
the Gauss Johnson building:
1. By the bidirectional chargers.2. By the computer lab in the GJ building.
3. In the power laboratory (closest to the
point of common coupling).
4. The furthest possible points away from
the both chargers.
Task 3: Metering and Tests
This task includes the automated collection ofdata from the different power meters.
Standard scientific methods apply. Control
data will first be obtained for different
conditions around the building at different
times.
Different operations of the chargers will be
performed in order to create as many
different situations as possible. During those
different conditions many power quality issues
may appear such as sags or harmonics,
Task 4: Data Evaluation
The study of the data will show what types of
power quality problems we encounter in the
building grid and which of those are produced
or aggravated by the chargers.
Task 5: Solutions to the Power Quality Problems
With the data analysis we can then develop
and implement solutions to the power quality
problems on the grid and test them.
Possible solutions may include: Using
batteries, or the cars, or the chargers in
reverse, as an uninterruptible power supply.
Task 5: Final Report
This task includes the Final Report with all the
results from the experiment as well as the
models and proposed solutions.
DELIVERABLES
The deliverables for this project will be:o Models to predict performance of
charging stations with similar
characteristics and similar locations.o Predictions for electrical system
behavior when a number of these
charging stations are operating.o Mitigation solutions to the power
quality problems generated by the
charging stations,
PROJEGT TEAM
PRINCIPAL INVEATIGATOR
Name Dr. lohn Cannino
Oroanization Universitv of Idaho
lntact #
:a nn ino(Au idaho. edu
Name Dr- Dean Edwards
OroaniTation llniversitv of Idaho
Coniact #(204) aa5-7229
Fmail
NamP Dr Herhert HFaq
OrnaniTation I lniverqitv of ldaho
Conta.f 4 r20al a8q-4341
Fmail hhpsst6rridaho edrr
REAEARCH AASISTANTA
Name Alex Corredor Corredor
OroaniTation llniversitv of ldaho
Fmail acorred6r(Ou idhaho.edU
Name Cahier Oe
OrdaniTati6n I lniversitv nf Idaho
Fmail Dehitl7t I /6rvahd.lc "i.lrh^ 6.1"
Name Tvlar Simmons
OroaniTation I lniversitv of ldaho
Email Simm4031 @vandals.uidaho.edu
SGHEDULE
TASI(TITE
ILLOCATED
STIRT
DATE
FINISH
DATE
E(luinment Selea+ion 1 months Ian'15 Feb'15
Fouinment Installation 1 months Feh'1 5 Anr'15
M.terino and Tpsts 2 month Mar'1 5 'Irl'1 5
Data Evaluation 1 months Mar'15 Jun'15
Solutions to the Power
r)r ralitv Dr^]ilomc 2 months Mar'15 Aug'15
Final Renort 1 month Anr'15 Auo'1 5
The information contained in this document is proprietary and confidential.
Avista Research and Development Projects Annual Reporl
March 3l- 2Ol5
APPENDIX F INTERIM REPORT
Simulation-Based Gommiseioning of EMCS
Aivts
2OL4 Proposal
Simulation-Based Commissioning of
Eneryy Management Control Systems
Project Duration: 10 months
Project Cost: OTD Total Funding
Stage of Path to Market Work for this
Proposal: (marked with X)
1 - - - - -2- - -- -3 - -X- - 4 - - -- - 5
Stage 3: BCWB Model Development
OTD 2014 Funding
OTD 2015 Funding
Cofunding
$46,705
$7,904
$38,801 (anticipated)
$o
OBJEGTIVE
The research aims to develop a method to use
energy simulation and co-simulation software
to perform automated and semi-automated
pre-commissioning or retro-commissioning
(Cx) of the programming that resides inside a
constructed bui ldi ng's energy management
control system (EMS). This phase of the
research is to complete manual proof of
concept work, benchmark baseline
performance of chosen test site, and estimate
energy savings potential via simulation of
alternate building control strategies.
BUSIilESS VALUE
The potential value to Avista and Avista
customers are energy savings, reduced cost of
commissioning, improved human comfort in
buildings, reduce duration to achieve proper
operation of new buildings, and increased
Avista's visibility of energy end use data in
buildings that implement the tools. A
conservative estimate of 2.5o/o energy savings
across the US Commercial Market is
anticipated and this equate to approximately
380 TBtu nationally. Approximately $25olo
reduction in Cx costs is estimated, equivalent
16 - $0.029/SF per USDOE database.
INDUSTRY NEED
This research will enable Avista incentive
programs or their other value-added energy
services to improve the effectiveness of new
building commissioning, existing building
retro-commissioning, promote new and
innovative designs for high performance
buildings, and increase visibility of the
variability in customers end use energy
consumption.
BAGKGROUND
Previous related research using co-simulation
was conducted at UI-IDL for NEEA's emerging
technology program on a rooftop
direct/indirect evaporative and DX cooling
unit in 2013. Other researchers have shown
the potential of simulation to support CX
efforts. UI-IDL has written proposals to DOE,
and has plans for additional proposals to DOE
and BPA to support related research, building
upon this project.
SCOPE
Task 1 Proiect Plannino- Conduct team
meetings to calibrate expectations and select
a building. Conduct ongoing project update
meetings as required by Avista staff..
Task 2 Develoo Enerov Model - Using
Energy Plus, develop and calibrate the energy
model for the selected building. Exact HVAC
system types will be modeled. Run
simulations, determine end use energy, and
establish baseline.
Task 3 BCVTB Model Develooment -
Integrate the selected system's BACnet
programming with the BCWB software and
Energy Plus model.
Task 4 Run and Analvze - Run the co-
simulation between Energy Plus and the
BACnet programming. Determine end use
energy and analyze differences between this
and baseline model.
Task 5 Benchmark PrelPost Performance
- Conduct physical benchmarking of the
constructed building to compare predicted
performance with modeled performance.
The information contained in this proposal is proprietary and confidential. Use of this information is limited to members of Operations Technology
Development and their employees, and may only be used by the members for internal purposes and may not be disclosed to third parties,
DELIVERABLES
Test site building selected; EnergyPlus model
constructed; EnergyPlus model calibrated to
demonstration building equipment and
occupancy schedules; Co-simulation results
between BCVTB and EnergyPlus; Final report.
PROJECT TEAM
Avista: Tom Lienhard, Bryce Eschenbacher,
Levi Westra.
Project Manager: JR Norvel, TO Engineers
Univercity of ldaho:
Principle Investigator - Kevin Van Den
Wymelenberg, PhD ([e-mail];
2O8.724.94s6)
Research Scientist - Brad Acker, PE
Budget Specialist - Eric Fredback
PhD Studenf - Damon Woods
Graduate Student - Tyler Noble
BUDGET
See attached budget by category.
Task 1 - $8,356
Task 2 - $7,803
Task 3 - $22,6OL
Task 4 - $5,505
Task 5 - $2,440
SGHEDULE
Task 1 - 8lU2Ot4 - 8lL5/20ts
Task 2 - LllU2OL4 - 4ltil20rs
Task 3 - 2lzolzols - 5ltsl20L5
Task 4 - SltBl2OLS - 612612015
Task 5 - 2l2ol20l5 - slLSlzOLs
The information mntained in this offering is proprietary and confidential. Use of this information is limited to members of Operations Technology
Development (OTD) and their employees and may only be used for the members internal purpse and not be disclosed to third pailes.
Avista Research and Development Projects
APPENDIX G INTERIM REPORT
Residential Static VAR Gompensator:
Aivts
2Ol4 Proposa!
Residential Static VAR
Compensator
Project Duration: 10 months
Project Cost: OTD Total Funding $60,000
OTD 2014 Funding $12,000
OTD 2015 Funding $48,000
TE
Stage of Path to Market Work for this
Proposa!: (marked with X)
1 - - - - -2- - - - -3- -X-.4-----5
Stage 3: Prototype Testing
OBJEGTIVE
To develop a smart demand-side
management device based on the concept of
a Residential Static VAR Compensator (RSVC)
for regulating residential voltages, especially
during peak demand hours.
BUSINESS VALUE
Distribution utilities pay a higher price per
kWh for managing load demand above base
load during peak hours. The proposed
residential static VAR compensator reduces
power consumption during peak hours in
order to save energy and costs of generation.
INDUSTRY NEED
Distribution utilities must purchase enough
generation capacity to manage load during
peak hours. Amid rising energy costs and
increasing stress on the grid, utilities are
looking towards alternative methods to
regulate and reduce energy consumption. A
device is needed that dynamically optimizes
voltage levels via sophisticated smart grid
technologies to continuously reduce energy
consumption and demand during peaks hours
when electricity prices are inflated and
demand may exceed the available capacity.
Studiesl have shown that reducing
distribution service voltage by Lo/o lowers
energy consumption by about 0.8olo. This
translates to significant kilowatt-hour (kwh)
savings at a price range from below 1S to 50
per kWh--far lower than most new generation
sources cost. In order words, the cost of
implementi ng "consen/ation by voltage
reduction per kWh" would be lower than
buying that amount of kWh in the market.
BACKGROUND
Conservation by Voltage Reduction (CVR) is
the implementation of a distribution voltage
strategy whereby all voltages are lowered to
the minimum allowed by the utility standard
(ANSI c84.1). This is based on the
observation that many loads consume less
power when they are fed with a voltage lower
than nominal. To maintain a good quality of
service, loads should not be supplied with a
voltage higher or lower than 5olo of nominal.
One voltage range allowed in the US is
specified by the American National Standards
Institute (ANSI) as 120 volts nominal, L14
volts minimum and 126 volts maximum(120
V + 5olo).
CVR can be accomplished through a variety of
well-known technologies including tap-
changing transformers, line-drop
compensators, voltage regulators, switchable
capacitor banks and static VAR compensators
(SVCs). SVCs are flexible AC transmission
system (FACTS) devices that regulate the
voltage on high voltage electrical transmission
networks by absorbing or supplying reactive
power. The advantage of using SVCs over
other mechanism is their faster compensation
operation and lack of mechanical switching
compared to others. Figure 1(a) shows the
SVC with a fixed capacitor (FC) and a
controlled reactor (CR). Reactive power is
continuously varied by controlling the current
through the reactor via a bidirectional switch.
This topology provides a partial control for
regulating voltages. A more flexible solution is
to have a bank of small shunt capacitors in
conjunction with a controlled reactor. Each
capacitor is controlled individually via a
The information contained in this proposal is proprietary and confidential. Use of this information is limited to members of Operations Technology
Development and their employees, and may only be used by the members for internal purposes and may not be disclosed to third parties.
bidirectional switch as shown in Figure 1(b).
The operation behavior of a bank with
multiple small capacitors has been shown to
be superior to that of one large capacitor
under large system disturbances2. Moreover,
the rating of the reactor is kept relatively
smaller (nearly L/n of the maximum output
where n is the number of capacitor banks).
Ft.d SStrh.dopr.nor (FO Rdcror
Figure 1(a)
SCOPE
Task 1: Prototype Design
Figure l(b)
A preliminary task is to design a prototype of
an RSVC based on end-user needs, marketing
requirements, budget, and safety constraints.
The design aims to be scalable to different
distribution feeders with varying loads. The
technical challenges lie in sizing the reactive
components, control schemes, monitoring
points, sensor technologies and triggering
mechanism for SVCs. An encouraging
development during this phase was to come
up with an advanced high frequency PWM
based triggering mechanism for SVCs instead
of a classical thyristor-based switching3. This
technique looks more promising for the
implementation of single-phase SVCs because
of lower harmonics generation.
Task 2: Prototype Simulation
This task includes simulating the RSVC
prototype using a suitable software package
(EPRI's OpenDSS) with realistic components
and controls. Prototype simulations will be
performed for a standard 24-kVA pole
mounted distribution transformer serving
typically three residential homes.
Task 3: Prototype Testing
Success of these simulations on small-scale
distribution system will be measured by the
following two criteria :i) Voltage Regulation (226V to 240V).
ii) A cost-benefit analysis showing a payback
period of three to five years.
Task 4: Hardware Design (Phasell)
Initial results of phase-I research indicates
that a (single-phase) RSVC offers a significant
potential for energy savings by voltage
regulation and it can become a valuable tool
in a utility's demand-side management for
energy efficiency, especially during peak
demand hours. The next phase will be to
implement and test a microprocessor-based
prototype RSVC during peak demand.
DELIVERABLES
The deliverables for this project (Phase-I) will
be a prototype design with results of the
testing and a cost-benefit analysis of the
payback period based on the pilot study.
PROJEGT TEAM
J.G. De Stese, et al., "Estimting methodology for a lrge rcgional
application of conseryation voltage rcduction " IEEE Tmactiom on Pows
Systm (Volme 5, Issue 3), Septemba 1990.2 L. Gyugi and E. Taylor, "Chancteristics ofstatic thydstor-contolled
shmt corpensatorc for power trmmission system applicatiom," IEEE Tm.
Power App. Syst.. vol. PAS-99, pp. I 795- I 804. Sept /Oct" I 980.- H. Jiq G. Goos md L. Lopes, "Atr effcient switched-rcactor-broed
ststic vu compensator," IEEE Tm. Ind. Appl., vol. 30, no. 4, pp. 998-1005,
1994.
The information contained in this offering is proprietary and confidential. Use of this information is limited lo members of Operations Technology
Development (OTD) and their employees and may only be used for the members internal purpose and not be disclosed to third parties.
PRINGIPIL INVESTIGATOR
Name Dr. Said Ahmed-Zaid
OrdaniTation B6ice State t lnivprcitv
Cdntact #208-350-3667
Fmail [e-mail]
RESEARCH ASSISTANTE
Name Muhammad Kamran Latif
roanization Boise State Universiw
rntact #208-340-4007
mail [e-mail]
Name Andres ValdeDeffa
roanization Boise State Universiw
:ontact #)0ta- I )4-rf\49
Email andresvaldeoena@u. boisestate.edu
BUDGET
TASl(BUDGET
ALLOGATED
PrototvDe Desion $1 2_000
PrototvDe Simulation s70_ooo
Interim Reoort $2,000
PrototyDe Testino $18.000
Final Report $8.000
Gross Total t60,ooo
SCHEDULE
TAEl(T!TE
ALLOCATED
START
DATE
END
DITE
Prototvne Desion 2 months Nov'14 Dec'14
ProtowDe Simulation 4 months lan'1 5 Aor'15
Interim ReDort 1 month 15
PrototyDe Testino 2 months Mav'15 lu n'1 5
Final Reoort 2 months lul'1 5 Auo'r s