20120419Notice of Termination.pdf

IDAHO
PNER® RE CE 'E
An IDACORP Company
4
JASON B. WILLIAMS
Corporate Counsel rrni iS 1()MM
jwiIIiams(idahopower.com
April 19, 2012
VIA HAND DELIVERY
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83702
Re: Case No. IPC-E-12-02
IN THE MATTER OF THE PETITION OF HOKU MATERIALS, INC., FOR
REPARATION AND REFORMATION OF ITS AMENDED SPECIAL
CONTRACT WITH IDAHO POWER COMPANY
Dear Ms. Jewell:
Attached please find a Notice of Termination sent to Hoku Materials, Inc., today for
its failure to pay under the terms of the Second Amended and Restated Energy Service
Agreement approved by the Idaho Public Utilities Commission in Final Order No. 32525.
Very truly yours,
das-on B. Williams
J BW:csb
Enclosures
cc: Service List
1221 W. Idaho St. (83702)
P.O. Box 70
Boise, ID 83707
EAIDAHO
NER®
An IDACORP Company
April 19, 2012
Hoku Materials, Inc.
Attn: Austin Webb
One Hoku Way
Pocatello, ID 83204
Subject: Initial Notice of Termination
Dear Mr. Webb:
Your March Energy Services Agreement invoice D0312002 in the amount of $934,645.90 was
due Wednesday, April 18 th. As of the morning of April payment has not been received. Per
IPUC's Utility Customer Relations Rule 602, failure to pay an undisputed bill is grounds for
termination of service. As a result of your past due payment, Hoku's energy service will be
terminated on the morning of Thursday, April 26 6' unless payment is received prior to 5 p.m.
Mountain Time on Wednesday, April 25th
Pursuant to the Idaho Public Utilities Commission ("Commission's) rules, an informal or formal
complaint concerning this termination may be filed with the Commission. Service will not be
terminated prior to the resolution of a filed complaint.
In addition, be advised you are currently in breach of the Settlement Stipulation approved by the
Commission in Order No. 32486 in Case No. IPC-E-l2-02. Specifically, paragraph 7 of the
Settlement Stipulation states "Hoku agrees to remain current on all invoices it receives from
Idaho Power for the remainder of the Term of the AESA as modified by this Settlement
Stipulation." As of today, Hoku is not current on its invoice to Idaho Power and is therefore in
breach of the Settlement Stipulation. Idaho Power is currently evaluating its legal rights and
remedies related to Hoku's breach of the Settlement Stipulation.
Regards,
Aubrae Sloan
Finance Team Leader
cc: Dan Minor
Warren Kline
Mike Youngblood
Sam Golay
Jason Williams
Dave Joerger
Idaho Public Utilities Commission
{00082944.DOC; 1 }
1221 W. Idaho St. (83702)
P.O. Box 70
Boise, ID 83707
Christa Bearry,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 19th day of April 2012 I served a true and correct
copy of the within and foregoing LETTER TO JEAN JEWELL DATED APRIL 19, 2012,
upon the following named parties by the method indicated below, and addressed to the
following:
Commission Staff
Donald L. Howell, II
Deputy Attorney General
Idaho Public Utilities Commission
472 West Washington (83702)
P.O. Box 83720
Boise, Idaho 83720-0074
Hoku Materials, Inc.
Dean J. Miller
McDEVITT & MILLER LLP
420 East Bannock (83702)
P.O. Box 2564
Boise, Idaho 83701
X Hand Delivered
U.S. Mail
Overnight Mail
FAX
X Email Don.Howelkpuc.idaho.ciov
Hand Delivered
X U.S. Mail
Overnight Mail
FAX
X Email ioemcdevitt-miller.com
heathermcdevitt-miller.com
CERTIFICATE OF SERVICE