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HomeMy WebLinkAbout20120622Letter re Collection of Damages.pdf0""I HO 99POMR0 RE CE V E D An IDACORP Company 2U12 JUN 22 PM 14:00 DONOVAN E. WALKER Lead Counsel [AHe :t••: dwalker(idahopower.com 1TILTUES GjMS;O June 22, 2012 VIA HAND DELIVERY Jean D. Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street Boise, Idaho 83702 Re: Case No. IPC-E-10-44 Hidden Hollow Energy 2 LLC Firm Energy Sales Agreement - Collection of Delay Liquidated Damages Dear Ms. Jewell: Please be advised that Idaho Power Company ("Idaho Power") has terminated the Firm Energy Sales Agreement with Hidden Hollow Energy 2 LLC ("Hidden Hollow") that was approved by the Idaho Public Utilities Commission ("Commission") in Final Order No. 32180. Enclosed please find Randy Allphin's letter dated June 22, 2012, informing Hidden Hollow of Idaho Power's intent to collect Delay Liquidated Damages. This letter and its enclosure, evidencing the collection of Delay Liquidated Damages, are being sent to the Commission for inclusion as part of the Commission's file and record. Sin r novan E. Walke DEW:csb Enclosure cc: Kristine A. Sasser (w/encl.) Rick Sterling (w/encl.) 1221 W. Idaho St. (83702) P.O. Box 70 Boise, ID 83707 - IHO PNER® R EC E IV F fl An IDACORP company 2012 JUN 22 PM 14:00 June 22, 2012 Hidden Hollow Energy 2 LLC C/o Fortistar Methane Group LLC Attn: David Wentworth One North Lexington Avenue White Plains, NY 10601 Original: Via Certified Mail, Return Receipt Requested E-mail Copy: Lew Staley lstaley@fortistar.com Thomas Gesicki tgesicki®foristar.com Re: Hidden Hollow Energy 2 LLC Firm Energy Sales Agreement Unpaid Delay Liquidated Damages and subsequent collection of those damages Dear Mr. Wentworth: As specified in our letter to you dated June 14, 2012, Hidden Hollow Energy 2, LLC was required to pay Delay Liquated Damages to Idaho Power in the amount of $144,000 no later than 5:00 PM, Mountain Standard Time, June 21st, 2012. As of the date of this letter Idaho Power has no record of receiving this payment, thus Idaho Power is exercising it rights as specified in the Firm Energy Sales Agreement to draw this payment from the Delay Security previously provided by the project. If you have any additional questions, please feel free to contact me. Sincerely, / (V ca~- Randy C. Aliphin Idaho Power Company 1 Cc: Donovan Walker (IPC0) Jason Williams (IPCo) Aubrae Sloan (IPC0) Hidden Hollow Energy 2 LLC C/o Fortistar Methane Group LLC Attn: Thomas J. Gesicki One North Lexington Avenue White Plains, NY 10601