20080729Application.pdf

e;IDA~POR~
An IDACORP Company
43
BARTON L. KLINE
Senior Attorney
July 29, 2008
VIA HAND DELIVERY
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-08-15
In The Matter of Idaho Power's Application For Approval of an Amendment
To an Agreement Between Avimor, LLC, and Idaho Power Company
And
For Authority to Implement a Line Capacity Charge
Dear Ms. Jewell:
Enclosed please find for filing an original and seven (7) copies of Idaho Power's
Application in the above matter.
In addition, enclosed are an original and eight (8) copies ofthe testimony and exhibit
of Timothy E. Tatum that are being submitted in support of Idaho Power's enclosed filing.
One copy of the testimony has been designated as the "Reporter's Copy."
Finally, I would appreciate it if you would return a stamped copy of this letter for my
file in the enclosed stamped, self-addressed envelope.
very~ yours, (
¡ --tl~
Barton L. Kline
Senior Attorney for Idaho Power Company
BLK:csb
Enclosures
P.O. Box 70 (83707)
1221 W. Idaho St.
Boise, ID 83702
BARTON KLINE, ISB # 1526
LISA D. NORDSTROM, ISB # 5733
Idaho Power Company
1221 West Idaho Street
P. O. Box 70
Boise, Idaho 83707
Telephone: [phone]
Facsimile: [phone]
bkline~idahopower.com
Inordstrom~idahopower.com
Attorneys for Idaho Power Company
Street Address for Express Mail:
1221 West Idaho Street
Boise, Idaho 83702
Li4
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF IDAHO POWER'S
APPLICATION FOR APPROVAL OF AN
AMENDMENT TO AN AGREEMENT
BETWEEN AVIMOR, LLC, AND IDAHO
POWER COMPANY
AND
FOR AUTHORITY TO IMPLEMENT A LINE
CAPACITY CHARGE
)
) CASE NO. IPC-E-08-15
)
) APPLICATION
)
)
)
)
)
)
COMES NOW, Idaho Power Company ("Idaho Power" or the "Company") and
hereby requests that the Commission issue its Order approving the enclosed Amendment
NO.1 ("the Amendment" to the August 17, 2006, Agreement between Idaho Power and
Avimor, LLC, ("Avimot'). The August 17, 2006, Agreement ("Agreement") provides for
Avimor to pay for the construction of certain transmission and substation facilities needed
APPLICATION - 1
to provide electric service to Avimor's real estate development located north of Eagle,
Idaho. A copy of the Amendment is enclosed as Attachment NO.1. For the convenience
of the Commission, a copy of the Agreement is also enclosed as Attachment NO.2.
BACKGROUND
1. In Case No. IPC-E-06-23, the Company presented the Agreement to the
Commission for approval. As noted in its Application in that case, Avimor is developing a
substantial planned residential subdivision north of Eagle, Idaho, (the "Project"). The
Agreement called for Idaho Power to design and construct the transmission and substation
facilities needed to provide electric service to the Project. During the pendency of Case
No. IPC-E-06-23, Avimor paid Idaho Power the full $4,300,000 cost to construct the
facilities specified in the Agreement and the Company completed construction of the
facilities.
2. In accordance with the terms of Section 8 of the Agreement, on September
27, 2006, Idaho Power submitted the Agreement to the Commission for approvaL. In Order
No. 30322, issued on May 24, 2007, the Commission denied Idaho Power's request for
approval of the Agreement with Avimor. In its Order, the Commission described several
changes to the Agreement that the Commission would require as a condition of approval of
the Agreement. Avimor subsequently petitioned for reconsideration of Order No. 30322
and in Order No. 30396 the Commission accepted some of Avimots requested changes to
the prior Order, but rejected others. Avimor then appealed the Commission's final Orders
to the Idaho Supreme Court. Prior to the filing of this Application, Avimor dismissed its
appeal of the above-mentioned Orders.
APPLICATION - 2
DESCRIPTION OF AMENDMENT PROVISIONS
3. In the above-referenced Orders, the Commission noted that the refund
amounts, set out in paragraph 4.2 ofthe Agreement, would be greater than the Company's
then-current embedded cost for customer connections. The Commission concluded in the
Orders that the higher refund amount specified in the Agreement did not properly allocate
Project risk between Avimor and the Company's existing customers. As a result, in its
findings, the Commission concluded that the refund amount for Avimor should be limited to
$1,000 per customer connection. See Order Nos. 30322 & 30396.
4. With one exception, the Amendment implements the changes to the
Agreement exactly as specified by the Commission in Order Nos. 30270 and 30396. In
the Amendment, refunds for connections within the Project boundaries are set at $110 per
kW of estimated demand for electric facilities to provide residential service. In the
Amendment, the estimated kW demand for each permanent residential service connection
is set at 10 kW per service connection, thereby setting a maximum refund amount of
$1,100 for each permanent residential service connection. In the Amendment, refunds for
non-residential loads are calculated by multiplying $110 times the kVA rating of the
distribution transformers serving each, such non-residential account.
LINE CAPACITY CHARGE
5. In Order No. 30322, the Commission indicated its concurrence with the
suggestion that other customers outside the Project boundaries using the transmission and
substation facilities paid for by Avimor, could reasonably be expected to contribute to the
cost of those facilities with those contributions being refunded to Avimor. Idaho Power has,
in the past, with Commission approval, implemented similar arrangements to collect
contributions from connecting customers in a wider geographic area to more equitably
APPLICATION - 3
apportion the cost of substation and transmission facilities. The most recent example of
such an expanded cost-apportionment program was the contract for transmission and
substation facilities between Idaho Power and Tamarack Resort, LLC. (Case No. IPC-E-
04-12, Order No. 29589). Similar to that case, Idaho Power requests authority to
implement a line capacity charge ("LCC") under which Idaho Power will collect monies from
customers located outside the Project when service to those customers wil utilize the
transmission and substation facilities paid for by Avimor. LCCs would be assessed as
follows:
a. Customers receiving service under Schedule 01 would pay $1,100 per
connection.
b. Customers receiving service under non-residential service schedules
would pay $110 times the kVA rating of the distribution transformers service of each such
non-residential account.
c. In the case of subdivisions subject to Rule H, allowances are not
applied to LCCs. LCCs wil be collected in addition to regular Rule H charges.
6. Refunds, including refunds of LCCs collected, would be paid to Avimor for ten
(10) years or until Avimor has received the full $4,300,000 amount, whichever occurs first.
7. The Amendment includes provisions consistent with these proposed
changes.
SUBSTANTIAL COMPETENT EVIDENCE SUPPORTS THIS APPLICATION
8. On January 9, 2008, the Parties filed a Motion for Approval of Stipulation for
Settlement of Appeal in which the Parties asked the Commission to approve a refund
amount of $1 ,100 per residential hook-up in lieu of the $1 ,000 previously adopted by the
Commission in Order No. 30322. The Commission rejected the Stipulation on the grounds
APPLICATION - 4
that the Parties had not presented suffcient substantial, competent evidence in the record
that would allow the Commission to approve the requested $1,100 amount even if the
Commission had been inclined to do so.
9. To provide the Commission with the record it needs to approve the
Amendment, Idaho Power has filed with this Application the testimony of Timothy E.
Tatum. In his testimony, Mr. Tatum provides information taken from the Company's 2007
General Rate Case filing (I PC-E-07 -08) that explains how the $1 ,100 per-customer refund
amount contained in the Amendment was determined and why that amount is consistent
with the rationale the Commission used to support its finding that the $1 ,000 per customer
limit on refunds in Order No. 30322 was just and reasonable. In addition to the testimony
of Mr. Tatum, Commission Staff has indicated it wil present evidence supporting and
verifying Mr. Tatum's analysis.
MODIFIED PROCEDURE
10. The Company believes that consideration of this Application by the
Commission will not require an evidentiary proceeding and, therefore, respectfully requests
the Application be processed under RP 201 allowing for consideration of issues under
modified procedure, that is by written submission rather than evidentiary hearing.
SERVICE OF PLEADINGS
11. Service of pleadings, exhibits, orders and other documents relating to this
proceeding should be served on the following:
Barton L. Kline
Lisa D. Nordstrom
Idaho Power Company
P.O. Box 70
Boise, ID 83707
bkline~idahopower.com
Inordstrom~idahopower.com
John R. Gale
Timothy E. Tatum
Idaho Power Company
P.O. Box 70
Boise, ID 83707
rgale~idahopower.com
ttatum~idahopower.com
APPLICATION - 5
NOW, THEREFORE, based on the foregoing, Idaho Power Company respectfully
requests the Commission issue its Order approving, without change or condition, the
Amendment No. 1 to the August 17, 2006, Agreement between Idaho Power Company and
Avimor.
llA
Respectfully submitted this 2q day of July 2008.
_SJ~
BA3TON L. KLINE
Attorney for Idaho Power Company
APPLICATION - 6
CERTIFICATE OF MAILING
(~
I HEREBY CERTIFY that on the 1- q- day of July 20081 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:
Weldon B. Stutzman
Deputy Attorney General
Idaho Public Utilities Commission
472 West Washington
P.O. Box 83720
Boise, Idaho 83720-0074
John R. Hammond
FISHER PUSCH & ALDERMAN, LLP
U.S. Bank Plaza, 5th Floor
101 South Capitol Boulevard
P.O. Box 1308
Boise, Idaho 83701
APPLICATION - 7
( ) U.S. Mail, Postage Prepaid
(X) Hand Delivered
( ) Overnight Mail
( ) Facsimile
(X) Email Weldon .stutzman~puc. idaho.gov
(X) U.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
( ) Facsimile
(X) Email irh~fpa-Iaw.com
:lM~
Barton L. Kline
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. IPC-E-08-15
IDAHO POWER COMPANY
ATTACHMENT NO.1
I"
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. ..
AGREEMENT TO PROCEED
THIS AGREEMENT, dated ALU(.~+ 17 , 2006, is by and between
AVIMOR, LLC ("Avimor"), an Idaho Limited Liability Company, with its principal
offices at 485 East Riverside Drive, Eagle, Idaho, and IDAHO POWER
COMPANY ("Idaho Powet' or the "Company"), an Idaho corporation, with its
principal offices at 1221 West Idaho Street, Boise, Idaho. Avimor and Idaho
Power may also be referred to individually as "Party" or collectively as "Parties."
RECITALS
A. The Parties have entered into an Agreement to Provide
Electric Transmission and Substation Facilities dated C\ (41 UCï+ 11 ,2006 (the
"Electric Agreement").
B. The Electric Agreement is subject to the approval of the
Idaho Public Utilties Commission ("I PUC" or the "Commission"), which approval
has not been granted to date.
C. If the Electric Agreement is approved by the IPUC, Idaho
Power will design and construct certain transmission and substation facilities (the
"Requested Facilities") to be used by Avimor's multi-use development project
known as Avimor and located in Ada County, Idaho.
D. Idaho Power wil not expend funds for projects subject to
IPUC approval until the Company has received an Order from the Commission
approving those projects. However, Avimor requests that Idaho Power proceed
with design of the Requested Facilities and the purchase of certain materials
required to construct the Requested Facilities prior to the Commission's
AGREEMENT TO PROCEED - Page 1 of 7
consideration of an application approving the Electric Agreement and prior to the
Commission issuing an Order authorizing the design and construction of the
Requested Facilties. Idaho Power agrees to do so only if the Company is
assured that it will recover all of its costs of designing the Requested Facilities
and purchasing certain materials for said facilities if the Commission does not
approve the Electric Agreement.
E. At the time of execution of the Electric Agreement, Avimor
paid Idaho Power Two Million One Hundred Fifty Thousand and no/100 Dollars
($2,150,000.00) as an initial installment payment for the Requested Facilities
("Initial Payment"). Avimor wishes to authorize the use of the Initial Paymeqt by
Idaho Power for any costs incurred by Idaho Power for design work and material
purchases for the Requested Facilities prior to Commission approval of the
Electric Agreement.
F. The Parties wish to set out procedures for the use by Idaho
Power of Avimor's Initial Payment to pay for any and all costs incurred by Idaho
Power for design work undertaken and any materíals purchased for the
Requested Facilities either prior to the Company's receipt of Commission
approval of the Electric Agreement and or in the event the Commission does not
approve the Electric Agreement.
NOW, THEREFORE, in consideration of the mutual obligations and
understandings set forth herein and other good and valuable consideration, the
sufficiency of which is hereby acknowledged, Avimor and Idaho Power agree as
follows:
AGREEMENT TO PROCEED - Page 2 of 7
AGREEMENTS
1. At the request of Avimor and subject to the terms and
conditions of this Agreement, Idaho Power agrees to proceed to design the
Requested Facilities and to order certain materials required to construct the
Requested Facilities prior to the Company's receipt of an Order from the
Commission approving the Electric Agreement and authorizing the design and
construction of the Requested Facilities.
2. Avimor agrees that, in the event the IPUC does not issue an
Order approving the Electric Agreement, all costs and expenses incurred by
Idaho Power for design work completed for the Requested Facilities, including
the costs of survey work and permitting, and all costs and expenses incurred by
Idaho Power for materials purchased to construct the Requested Facilities prior
to receipt of the Commission's Order shall be the sole responsibility of Avimor
and that no costs associated with either the design of the Requested Facilities or
the purchase of materials for the Requested Facilities shall be borne by Idaho
Power.
3. The Parties agree that the cost of any design work
undertaken and materials ordered for the Requested Facilities prior to Idaho
Power's receipt of an Order from the IPUC approving the Electric Agreement will
be charged against Avimor's Initial Payment to the Company and that Idaho
Power will incur no costs associated with either the design of the Requested
Faciliies or the purchase of materials required to construct the Requested
Facilties in the event the Commission does not order approval of the Electric
AGREEMENT TO PROCEED - Page 3 of 7
Agreement. Ownership and possession of the design plans shall remain with
Idaho Power.
4. Idaho Power will keep a record of all design and material
costs charged against the Initial Payment.
5. Said design work and material purchases shall not exceed
the amount of the Initial Payment. The parties agree that Idaho Power shall
immediately discontinue design work and material purchases if the cost of that
work and those purchases equals the amount of the Initial Payment.
6. If the IPUC does not approve the Electric Agreement
authorizing the design and construction of the Requested FaCiliies, Idaho Power
will (a) immediately discontinue any further design work on the Requested
Faciliies; (b) cease ordering materials for construction of the Requested
Facilities; (c) cancel any orders placed for materials which have not been
shipped and which are cancellable; and (d) return any materials ordered and
shipped for the Requested Facilties from any and all suppliers who will accept
return of any of the ordered and shipped materials.
7. The Parties agree that Idaho Power wil store any received
materials in accordance with its usual and customary storage practices and shall
not be required to employ storage practices beyond those that are usual and
customary for the Company.
8. For any materials either ordered and not shipped or ordered,
shipped and returnable, Idaho Power shall cancel those orders that are
cancellable, return any materials to the suppliers who will accept return of the
AGREEMENT TO PROCEED - Page 4 of 7
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materials and credit Avimor for the cost of those materials less any adjustments
made by the suppliers including, but not limited to, cancellation charges,
restocking fees, finance charges, taxes, duties and shipping costs. Idaho Power
shall salvage all shipped materials for which suppliers will not accept return of the
materials. Salvage fees collected by Idaho Power, if any, shall be retained by the
Company.
9. Within three (3) months of discontinuance of design work
and material purchases due to IPUC non-approval of the Electric Agreement,
Idaho Power shall submit an accounting to Avimor of the costs of the design work
and the material purchases and shall remit a check to Avimor for any balance
due Avimor for unencumbered portions of the Initial Payment. In the event
Avimor disputes any portion of such accounting, Avimor shall deliver written
notice of same to Idaho Power within thirty (30) days of Avimor's receipt of same.
The parties shall work together in good faith to resolve any such dispute. Any
'dispute that the parties are unable to resolve shall be submitted to an
independent third-party consultant familar with utilty design and purchasing
procedures and mutually agreeable to both parties, whose decision shall be final
and uncontestable.
10. Each Party wil indemnify and hold harmless the other Party
and its officers, directors, employees, agents, representatives, parent company,
affiliates and subsidiaries from and against loss, damage or liability, exclusive of
costs and attorney's fees, resulting from claims asserted by third persons against
either or both Parties to this Agreement on account of injury or death to persons
AGREEMENT TO PROCEED - Page 5 of 7
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or damage or destruction of property, unless such injury or damage shall have
resulted from the sole negligence of the other Party or its employees, agents or
contractors.
11. NEITHER PARTY, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, REPRESENTATIVES, PARENT COMPANY,
AFFILIATES AND SUBSIDIARIES SHALL, IN ANY EVENT, BE LIABLE TO
THE OTHER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR
CONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO, LOST
PROFITS,' REVENUE OR GOOD WILL, OR INTEREST, WHETHER SUCH
LOSS IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE.
12. Any waiver at any time by either Party of any right with
respect to any matter arising under this Agreement, or any failure to give notice
provided hereunder, shall not be deemed to be a waiver with respect to any
subsequent matter, nor as the establishment of or consent to any practice under
this Agreement or an interpretation of any term or provision hereof.
13. Neither Party shall assign this Agreement or any portion
thereof without the prior written consent of the other Party, which consent of such
other Party shall not be unreasonably withheld. Upon proper assignment, this
Agreement shall inure to the benefit of and be binding upon the successors in
interest, assigns and legal representatives of Avimor and Idaho Power.
14. This Agreement shall be governed by and construed in
accordance with the laws of the State of Idaho without reference to its choice of
AGREEMENT TO PROCEED - Page 6 of 7
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law provisions and venue for any court proceeding arising out of this Agreement
shall be in Boise, Idaho.
15. This Agreement may only be amended or modified by a
writing signed by the duly authorized representatives of both parties. This
Agreement may be executed in counterparts, each of which, taken together, shall
constitute one and the same Agreement.
16. In the event it becomes necessary for either Party to employ
legal counselor to bring an action at law or other proceeding to enforce any of
the terms, covenants or conditions of this Agreement, the prevailing Party in any
such action or proceeding shall be entitled to recover its costs and expenses
incurred in such action from the other Party, including, without limitation, the cost
of reasonable attorneys' fees.
IN WITNESS WHEREOF, the Parties have entered into this
Agreement effective as of the day and year first above written.
IDAHO POWER COMPANY AVIMOR, LLC, an Idaho limited
liability company
By: SunCor Idaho Inc., an Idaho
Corporation
Its: Sole Member
BY:~ ~
Name: 1)".f ~ 5. ßl
Title: too 1 -aP
AGREEMENT TO PROCEED - Page 7 of 7
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. IPC-E-08-15
IDAHO POWER COMPANY
ATTACHMENT NO.2
r: -~ -1
AMENDMENT NO.1 TO AGREEMENT TO PROVIDE
ELECTRIC TRANSMISSION AND SUBSTATION FACILITIES-
THIS Amendment No.1, ("Amendment") dated t )u\ j 22. , 2008, is
by and between AVIMOR, LLC ("Avimor"), an Idaho Limited Liability Company,
with its principal offices at 485 East Riverside Drive, Eagle, Idaho, and IDAHO
POWER COMPANY ("Idaho Power" or the "Company"), an Idaho corporation,
with its principal offces at 1221 West Idaho Street, Boise, Idaho. Avimor and
Idaho Power may also be referred to individually as "Part" or collectively as
"Parties."
RECITALS
A. In an agreement dated August 17, 2006 ("Agreement"), Idaho
Power and Avimor set forth the terms and conditions under which Idaho Power
would construct transmission and substation facilities to provide electriG service
to Avimor's real estate development project to be located north of Eagle, Idaho.
In accordance with the terms of that Agreement, Idaho Power has constructed
3.4 miles of 138 kV transmission line, and a substation with an initial capacity of
10 MV A. The transmission line and the substation facilities are collectively
referred to in the Agreement and this Amendment as the "Requested Facilties".
B. The total cost of the design and construction of the Requested
Facilities was $4,300,000.00. Avimor has paid Idaho Power the full $4,300,000
amount and the Requested Facilities have been constructed.
C. In accordance with the terms of Section 8 of the Agreement, on
September 27, 2006, Idaho Power submitted the Agreement to the Idaho Public
ç
Utilities Commission ("Commission") for approval. The Commission assigned
Case No. IPC-E-06-23 to the Company's Application.
D. In Order No. 30322, issued on May 24, 2007, the Commission
denied Idaho Power's request for approval of the Agreement with Avimor. In
Order No. 30322 the Commission described several changes to the Agreement
that the Commission would require as a condition of approval of the Agreement.
Avimor subsequently petitioned for reconsideration and in Order No. 30396 the
Commission accepted some of Avimor's requested changes to the prior order,
but rejected others.
E. This Amendment is intended to implement the needed changes in
the Agreement identified by the Commission in Orders Nos. 30322 and 30396.
NOW, THEREFORE, in consideration of the mutual obligations and
undertakings set forth herein and other good and valuable consideration, the
sufficiency of which is hereby acknowledged, Avimor and Idaho Power agree to
amend the Agreement as follows:
AGREEMENTS
1. Defined terms in the Agreement have the same meanings in this
Amendment.
2. Section 4.2 of the Agreement is hereby deleted in its entirety and
the following substituted in its place.
"4.2 Refunds by Idaho Power. Avimor has timely made all of
the Payments as provided herein and has otherwise performed its
obligations under this Agreement. As a result, Avimor wil be eligible to
AMENDMENT NO. i - Page 2 of 5
..\~\,~
receive periodic refunds from Idaho Power for either (a) a period of ten
(10) years from the date of completion of the Requested Facilities (Section
3.1 of the Agreement) or (b) until Avimor has been refunded $4,300,000,
whichever occurs first. Refunds wil be computed as follows:
4.2.1 Refunds for Connections Within the Project
Boundaries. Idaho Power wil refund Avimor $110.00 per kW of
estimated demand for electrical facilities installed within the Project
to supply residential service under the Idaho Power's Rate
Schedule 01, Residential Service, including any revisions to that
schedule or any successor schedules. For purposes of this
Agreement, the estimated kW demand for each permanent
residential service connection wil be 10kW per service for a refund
amount of $1,100.00 per permanent residential electrical service
connection.
4.2.2 Refunds for non-residential loads taking service
under Idaho Power's Schedules 07, 09, 19 or 24, including any
revisions to those schedules or any successor schedules, wil be
calculated by multiplying $110.00 times the kVA rating of the
distribution transformers serving each such non-residential account.
4.2.3 Refunds to Avimor wil accrue when a residential
customer within the Project taking service under Schedule 01
permanently connects service or when a non-residential customer
within the Project, taking service under Schedules 07, 09, 19 or 24,
AMENDMENT NO. i - Page 3 of 5
.~
has both permanent electrical service installed and the meter for
said account is energized.
4.3 Refunds for Connections Outside the Project Boundaries.
4.3.1 Line Capacity Charge. Idaho Power wil collect
line capacity charges (LCCs) from all customers located
outside the Project boundaries attaching to facilities that
utilize the Requested Facilities to receive electric service.
LCCs, would be assessed as follows:
(i) Customers receiving service under
Schedule 01 or its successor rate schedule would pay
$1,100 per connection.
(ii) Customers receiving service under
Schedules 07, 09, 19 or 24 or their successor rate
schedules, would pay $110 (times the kVA rating of
the distribution transformers serving each such non-
residential account.
4.3.2 Planned developments such as subdivisions
wil pay LCCs to Idaho Power at the time of the application
(when the lots are "served") and not at the time of the
physical power connection to the individual lot. LCCs for
other customers would accrue in the same manner
described in Section 4.2.3.
AMENDMENT NO.1 - Page 4 of 5
..
4.3.3 LCCs collected by Idaho Power wil be paid to
Avimor on a quarterly basis without interest.
4.3.4 LCCs wil be collected in addition to regular
Rule H charges. Cash allowances through Rule H would not
be applicable to reduce LCCs."
3. Except for the changes described in Section 2 above, all of the
other terms and conditions of the Agreement wil remain in full force and effect.
4. This Amendment shall be subject to the approval of the
Commission and the respective rights and obligations of the Parties hereunder
shall be subject to the continuing jurisdiction and regulatory authority of the
Commission.
IN WITNESS WHEREOF, the Parties have entered into this Amendment
effective as of the day and year first above written.
IDAHO POWER COMPANY AVIMOR, LLC, an Idaho limited liability
company
BY:õ1~~.J~SunCor Idaho, Inc., an
Corporation
vr;&~~~ ~:: so:~
77df~.4 ioN N.ame? ~y~\~ibfl rTitle: lrn~\d( ot
By:
Idaho
Title:
AMENDMENT NO. i - Page 5 of 5