20050526Withdrawal.pdf

IDAHO
POWER
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IDAHO POWER COMPANY
P.O. BOX 70
BOISE, IDAHO 83707
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An IDACORP Company ?Uli5 ~iA 125 PM 4: 52
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UT\L\~~~1u cO~tM;;SSlON Monica Moen
Attorney
May 25, 2005
Jean Jewell, Secretary
Idaho Public Utilities Commission
O. Box 83720
472 W. Washington Street
Boise, ill 83720-0074
Re:IPC-05-
Dear Ms. Jewell:
On March 31 , 2005, Idaho Power Company filed an application in the above-referenced
matter in which the Company requested Commission approval of a Firm Energy Sales
Agreement ("Agreement"for the purchase of electric energy by Idaho Power from Dry Creek
LLC.
Accompanying this letter is a copy of the agreement between Idaho Power and Dry Creek
LLC in which the parties agreed to rescind and withdraw the request for approval of the
Agreement effective May 11 , 2005. Please advise the Commission of this letter and the parties
mutual decision to withdraw the above-referenced matter from Commission consideration.
If you have any questions, please do not hesitate to contact me at this office.
Yours very truly,
Monica B. Moen
MBM:jb
Enclosure
cc:Ted S. Sorenson
Kira Pfisterer
Telephone [phone]; FAX [phone]; E-mail MMoen 0Jidahopower. com
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MUTUAL RESCISSION OF AGREEMENT L_ED
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This agreement is entered into on this t.j day of May 2005B,,~~~~)fMilN
, an Idaho Limited Liability Company ("Seller ), and IDAHO POWER COMPANY, an
Idaho corporation ("Idaho Power ). The entities may be referred to herein collectively as the
Parties. "
RECIT ALS
A. On March 29, 2005, Seller and Idaho Power entered into the Firm Energy Sales
Agreement dated March 29, 2005 ("Agreement ) under which Dry Creek would sell and Idaho
Po\ver would purchase electric energy generated by Broadwater Hydroelectric Project located
near T oston, Montana.
B. On March 31, 2005 Idaho Power filed an Application with the Idaho Public
Utility Commission (the "Commission" or the "IPUC") requesting approval of the Agreement
between Seller and Idaho Power. To date, the IPUC has not acted upon Idaho Power
Application.
C. The Parties to the Agreement are now desirous of rescinding this Agreement.
AGREEMENT
In consideration of the mutual promises, covenants and conditions contained in this
agreement, the Parties agree as follows:
1. The Agreement attached as Exhibit A shall be and is hereby rescinded effective
May 11 , 2005 and neither Seller nor Idaho Power shall have any further rights or duties under the
Agreement.
2. Buyer and Idaho Power agree to do all acts reasonably necessary that may be
required to fully effect rescission of the Agreement including, but not limited to, withdrawal of
Idaho Power s Application for approval of the Agreement presently before the Commission.
IN WITNESS WHEREOF, the Parties have caused this agreement to be executed in their
respective names.
IDAHO POWER COMPANY DRY CREEK L.
By:
N. Vem Porter, Manager
Power Supply Operation
By:
Ted S. Sorenson, Manager