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HomeMy WebLinkAbout20080609Letter of Agreement.pdf(~, J 1SIDA~POR~ An IDACORP Company LISA D. NORDSTROM Attorney II June 9,2008 Jean D. Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 Re: Case No. IPC-E-06-29 Sale and Purchase Agreement of Surplus Energy between TASCO and Idaho Power Dear Ms. Jewell: In Order No. 30220 issued on January 19, 2007, in Case No. IPC-E-06-29, the Commission approved an Agreement for Sale and Purchase of Surplus Energy (the "Twin Falls Agreement") between Idaho Power and Amalgamated Sugar Company ("TASCO") dated December 7, 2005. Under the Agreement, Idaho Power agrees to purchase from TASCO surplus energy not otherwise consumed at its Twin Falls, Idaho, facility. Through tariff changes approved by minute order in accordance with general rate case Order No. 30508, the Commission authorized the termination of all Uniform Service Agreements between Idaho Power and its customers effective March 1, 2008. As a result, it is necessary to amend theTwin Falls Agreement to remove all references to the Uniform Service Agreement and instead reference only the Agreement for Supply of Standby Electric Service between Idaho Power and TASCO dated December 7,2005, as amended by the Letter Agreements dated January 31, 2007, and May 6,2008. Furthermore, it is also necessary to terminate Amendment 1 to the Uniform Service Agreement dated September 15, 2004, and incorporate the provisions of Amendment 1 regarding Basic Load Capacity into the Twin Falls Agreement. Enclosed for filing is a Letter Agreement dated May 6, 2008, in which Idaho Power and TASCO have agreed to amend the Twin Falls Agreement to reflect these changes. I would request that you file the Letter Agreement with the Twin Falls Agreement that was approved in the IPC-E-06-29 case. In addition, I would appreciate it if you would return a stamped copy of this transmittal letter to me in the enclosed self-addressed stamped envelope. It is not Idaho Power Company's intention to file an application with the P.O. Box 70 (83707) 1221 W. Idaho St. Boise, ID 83702 Jean Jewell June 9,2008 Page 2 Commission and open a new docket for a contract change that is in the nature of a housekeeping matter. Of course, if the Commission desires that Idaho Power make a separate filing to present this amendment, the Company is certainly willng to do so. If the Commission has any questions regarding this matter, please do not hesitate to contact me. Very truly yours; &o~m1~~ Enclosure cc: Scott Woodbury - w/encl. Joe Huff - w/encl. Jim Hovda - w/encl. Mike Pohanka - w/encl. Ric Gale - w/encl. Tim Tatum - w/encl. esIDA~POR~t'i.n An IDACORP Company JOHNR.GALE VIC Prident, Regulatoiy Affirs 3= 49 May 6,2008 Mr. Joe Huff Vice President and Chief Operating Offcer The Amalgamated Sugar Company, LLC 3184 Elder Street Boise, ID 83705 RE: Sale and Purchase Agreement between TASCO and Idaho Power Company Dear Mr. Huff: The Agreement for Sale and Purchase of Surplus Energy between Idaho Power Company ("ldaho Power") and The Amalgamated Sugar Company ("TASCO") dated November 20, 2006 ("the Twin Falls Agreement") defines an arrangement under which Idaho Power agrees to purcha~e from TASCO surplus energy not otherwise consumed at its Twin Falls, Idaho facility. The Idaho Public Utilities Commission, through Order No. 30508, authorized the termination of all Uniform Service Agreements between Idaho Power and its customers effective March 1, 2008. As a result, it is necessary to amend the Twin Falls Agreement to remove all references to the Uniform Service Agreement and instead reference only the Agreement for Supply of Standby Electric Service between Idaho Power and TASCO dated December 7, 2005 as amended by the Letter Agreements dated January 31, 2007 and May 6, 2008. Furthermore, it is also necessary to terminate Amendment 1 to the Uniform Service Agreement between Idaho Power and TASCO dated September 15, 2004 and incorporate the provisions of Amendment 1 into the Twin Falls Agreement. The Twin Falls Agreement is to be amended as follows: 1. Section C wil be amended to read: TASCa currently purchases standby electric service for the Twin Falls Plant from Idaho Power under the Agreement for Supply of Standby Electric Service Between Idaho Power Company and The Amalgamated Sugar Company, LLC dated December 7, 2005 as amended by the Letter Agreement dated January 31, 2007 and the Letter Agreement dated May 6, 2008 (Standby Agreement). in lieu of TASCO currently purchases standby electric service for the Twin Falls Plant from Idaho Power under the Agreement for Supply of Standby Electric Service Between Idaho Power Company and The Amalgamated Sugar Company, LLC dated April 6, 1998 (Standby Agreement). 2. The current Section 1.13 will be amended to read: "Total Contract Demand" is measured at the Point of Delivery and means the sum of the Standby Facilities Contract Demand and the Supplementary Contract Demand as specified in the Standby Agreement. in lieu of "Total Contract Demand" means the sum of the Standby Facilities Contract Demand as specified in the Standby Agreement and the KVA of demand specified in the Uniform Large Power Service Agreements (Schedule 19 Agreements) and is measured at the Point of Delivery. 3. Section 4.5 will be added and will read: During the term of this Agreement, TASCa's minimum monthly Basic Load Capacity ("BLC") under Schedule 19 will be equal to the Supplementary Contract Demand as specified in the Standby Agreement. The minimum monthly BLC will be billed to TASCa at the rates in effect under the then-current Schedule 19. When the Agreement is terminated, TASCa's minimum monthly BLC will no longer be fixed but wil revert to the conditions specified in the then-current Schedule 19. If you approve of the foregoing amendments to the November 20, 2006 Twin Falls Agreement, please indicate your acceptance in the space provided below, retain one copy of this Letter Agreement and return a copy to Idaho Power. Cordially, ~~frAL JRG:ma Enclosures c: Ray Arp, TASCa Mike Pohanka, ipca Tim Tatum, ipca THE ABOVE LETTER AGREEMENT READ, UNDERSTOOD, AND AGREED TO: erations & COO