20040615Application.pdf

MONICA B. MOEN , ISB # 5734
BARTON L. KLINE , ISB # 1526
Idaho Power Company
1221 West Idaho Street
O. Box 70
Boise , Idaho 83707
Telephone: [phone]
FAX Telephone: [phone]
Attorney for Idaho Power Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
IDAHO POWER COMPANY FOR APPROVAL)
OF AN EXTENSION OF THE TERM OF
AN AGREEMENT FOR SUPPLY OF POWER
AND ENERGY BETWEEN IDAHO POWER
COMPANY AND THE J.R. SIMPLOT COM P ANY
CASE NO. IPC-O4-
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APPLICA TION
COMES NOW Idaho Power Company ("Idaho Power" or the "Company ) and
pursuant to RP 52 , hereby applies for an Idaho Public Utilities Commission ("IPUC" or the
Commission ) Order approving an extension of the term of the Agreement for Supply of
Power and Energy between the J.R. Simplot Company and Idaho Power Company dated
August 27 , 1973 and as amended.
This Application is based on the following:
The J.R. Simplot Company operates a plant for the production of fertilizer
near Pocatello, Idaho (the "Pocatello Facility
).
Pursuant to an Agreement for Supply of
APPLICATION - PAGE
Power and Energy between Idaho Power and the J.R. Simplot Company dated August 27
1973 (the "Agreement"), Idaho Power agrees to supply and the J. R. Simplot Company
agrees to purchase electric service from Idaho Power for its Pocatello Facility in
accordance with the monthly facilities charge in tariff Schedule 29 and its successor
schedules.
II.
In accordance with Paragraph 1.1 of the Agreement, Idaho Power timely
notified the J.R. Simplot Company in writing of Idaho Power s intent to terminate the
Agreement effective June 30, 2004. The Agreement will terminate on that date.
III.
For the past five months , Idaho Power and the J. R. Simplot Company in
good faith have been negotiating the terms and conditions of a new agreement for electric
service between the parties to replace the existing Agreement. The parties anticipate
executing an agreement to replace the existing Agreement in the near future.
IV.
Given the short amount of time expected to finalize and file the new
agreement with the Commission, it is the desire of both parties that the existing Agreement
be extended for a period of 60 days or until a new agreement is filed and approved by the
Commission, whichever occurs first.
The August 27, 1973 Agreement was amended by the parties on December 2, 1974 pursuant to
IPUG Order No. 11694; by Letter Agreement dated November 25, 1975; and by an amendatory
agreement amendment dated June 23, 1982.
APPLICATION - PAGE 2
The parties herewith respectfully request that the terms and conditions of the
existing Agreement, as amended , remain in full force and effect and that the Term of the
Agreement be extended to the earlier of either August 29 , 2004 or to a date on which the
Commission approves a new agreement between Idaho Power and the J.R. Simplot
Company for electric service in accordance with tariff Schedule 29 and its successor
schedules.
VI.
Service of pleadings, exhibits , orders and other documents relating to this
proceeding should be served on the following:
Monica B. Moen , Attorney II
Barton L. Kline, Senior Attorney
Idaho Power Company
O. Box 70
Boise, Idaho 83707
Ric Gale
, Regulatory Affairs
Idaho Power Company
O. Box 70
Boise, Idaho 83707
NOW , THEREFORE , based on the foregoing, Idaho Power Company hereby
requests that the Commission issue its Order approving an extension of the Term of the
existing Agreement between the parties to the earlier of either August 29 , 2004 or to a date
on which the Commission approves a new agreement for electric service between Idaho
Power and the J.R. Simplot Company.
Respectfully submitted this 15th day of June 2004.
~.
iJ.
MONICA B. MOEN
Attorney for Idaho Power Company
APPLICATION - PAGE 3
CERTIFICATE OF MAILING
I HEREBY CERTIFY that on the 15th day of June 2004, I served a true and
correct copy of the within and foregoing APPLICATION upon the following named parties
by the method indicated below, and addressed to the following:
David Hawk
J. R. Simplot Company
O. Box 27
Boise, I D 83707
Hand Delivered
S. Mail
Overnight Mail
FAX
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MONICA B. MOEN
CERTIFICATE OF MAILING