20220810Amendment 1 to Second Amended PPA.pdf

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Avista Corp.
l4l t East Mission, P.O. Box 3727
Spokane, Washington 99220-0500
Telephone [phone]
Toll Free 800-727-9170
August I0,2022
(:)
Jan Noriyuki, Secretary
Idatro Public Utilities Commission
11331 W. ChindenBlvd
Building 8, Suite 201-A
Boise, D 83714
RE: AVU-E-22-07 - Amendment I to the Second Amended and Restated PPA between Ford
Hydro and Avista
Dear Ms. Noriyuki:
Enclosed for filing with the Commission in Case No. AW-E-22-07 is an electonic copy of
Amendment I to the Second Amended and Restated Power Purchase Agreement between Ford
Hydro Limited Parfrrership and Avista Corporation.
Please direct any questions regarding this report to Michael Andrea at [phone] or myself
at509-495-4584.
Sincerely,
/siPaul Kimball
Paul Kimball
Manager of Compliance & Discovery
Avista Utilities
5094954584
paul.kimball @ avistacorp. com
Enclosure
AMENDMENT NO. 1
This AMENDMENT NO. 1 ("Amendment") to the Second Amended and Restated Power
Purchase Agreement ("Agreement") between Avista Corporation ("Avista") and the Ford Hydro
Limited Partnership ("Ford Hydro"), is entered into by the Parties and this Amendment shall be
effective on August 10,2022, or such other date as set by the Commission.
RECITALS
WHEREAS, the Parties entered into the Agreement, under which Ford Hydro is to
deliver and sell, and Avista will purchase, electric energy generated from Ford Hydro's Facility;
WHEREAS, on August 8,2022, the ldaho Public Utilities Commission issued Order No.
34589, approving the agreement subject to the Parties amending Section 9.7 of the Agreement to
reflect the significance of Commission approval; and
WHEREAS, the Parties desire to amend the Agreement consistent with Order No. 34589.
NOW THEREFORE, it is agreed as follows:
AGREEMENT TO AMEND
1. The first sentence of Section 9.7 of the Agreement is deleted and replaced in its
entirety with the following sentence:
Any modifications to the Facility from the as-built description of the Facility in Exhibit D
shall not be valid unless set forth in a written amendment to this Agreement signed by
both Parties and subsequently approved by the Commission.
2. Except as expressly amended by the provisions set forth in this Amendment, all of the
terms and conditions of the Agreement shall remain in full force and effect following execution
of this Amendment and each Party confirms, ratifies and approves the Agreement as amended by
this Amendment. All capitalized terms used herein and not otherwise defined shall have the
respective meanings given to such terms in the Agreement. For the avoidance of doubt, this
Amendment is hereby incorporated in the Agreement and, as of the effective date of this
Amendment, all references to the Agreement shall be deemed to be references to the Agreement
as amended by thisAmendment.
3. This Amendment may be executed in two (2) or more counterparts, each ofwhich shall
be deemed as an original and together shall constitute one and the same document.
Page - 1 AMENDMENT NO. I TO POWER PURCHASE AGREEMENT BETWEEN
AVISTA CORPORATION AND FORD HYDRO LIMITED PARTNERSHIP
IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed by their
duly authorized representatives as ofthe dafe first set foth above.
FORD IIYDRO LIMITED PARTNERSHP AVISTA CORPORATION
By:
- /'/Art/1.,.f,11,a,*,'--l/a?
Christopher
Drake
Digitelly signod by
Chri8topher Draks
Dato:2022.08.10
08:29:42{700'By
Printcd Name: Brenda Ford printed Name: Christopher Drake
Title: President Ford Hydro, lnc.16". Wholesale Marketing Mgr
Page - 2 AMENDMENT NO. I TO POWER PURCHASE AGREEMENT BETWEEN
AVISTA CORPORATION AND FORD HYDRO LIMITED PARTNERSHIP