20120215Complaint & Request to Intervene.pdf

RECEivl'n
Interconnect Solar Development LLC.
3777 Twilight Dr.
Boise Idao
83703
2012 FEB /4 PM 3:20
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Willam Piske
Solar Mager
BEFORE TH IDAHO PUBLIC UTILITIES COMMSSION
IN TH MATTR OF IDAHO )
POWER COMPANY'S )
CANCELLATION OF TH )
FESA (PPA) AN POSTING )
OF LIQUIATED DAMGES )
CASE No. I f L - E -/).-/ 0
Complaint and request to intervene
COMES NOW, Interconnect Solar Development LLC (hereinafr "Interconnect
Solar"), an Idao limited liability company, and files ths complaint agait Idao Power
for the cancellation notice of Interconnect Solar's FESA (Exhbit A) and mishadling of
the GIA Facilty study.
In December of 2010, Idao power provided a completed FSR and estimated a
cost of constrction for a power line to be $1,245,000 Millon dollars, and constrction
complete withn 18 months of receivig the deposits required. (Exhbit B).
After a l()ng PPA negotiating timeline,(over a year), Interconnect Solar agree to
accept a shorter time line for the constrction then Idao Power proposed based on
conversations with the BLM offces in Californa, and Idaho.
Interconnect Solar signed a lettr and accepted the responsibilty of the loss of the
Liquidated Damages should the interconnection not be completed by Augut 2012.
In following up on the process, and checking to see if Idao Power was pedorming
in accordance with agreements to complete the Envionmental Assessment, in the month
of
September, 2011, Interconnect Solar was told by the BLM, (Kelly Moore) that the path
chosen by Idao Power wa notviable.
On October 28, a meeting wa held at the BLM offce in Boise. The following
people were present
LISA LOOMIS-Project Leader
MAC PATTERSON - Engineerig leader T &D planng
STACEY BACHOWSKI- Envionmenta
KELLY MOORE-BLM
TRISHA ROLLER-BLM birds of prey
DONAVAN WALKE -Lead Council Idao Power
One other Idao Power employee
WILIA H. PISKE - Solar Maager Interconnect Solar
At the Meeting, Staey Bachkowski pulled out two Idao Power Maps (Exhibits
C and D). Afer the BLM personnel explained that this path crosses a "NO GO ZONE"
on the Oregon trail, and protected raptor nesting occurs there, Stacey Bachkowski stated,
"So this was never a viable path" and the BLM responded "no".
Aftr fuer discussions, a second path to Sinker Creek using the existing Line
that ¡sin place across Murhy Flats was chosen. This path would require a new
Botaical, wildlife, and.cultural study. in the sprig of 2012. A revised EA from Idaho
Power timely submitted would allow for a ROW Grant to be issued if no problems
occured or were found, within 45-60 days. Kelly Moore sent out the E-mail confrming
this conversation and meeting outcome. (Exhbit E).
Interconnect Solar paid Idao Power $30,000 for the FSR and was told ths wa a
viable path as. the documents prove. Interconnect was also told it would be 18 months to
complete after fuding. (Exhbit F).
On December 2, 2012, after two weeks of no response, a meeting wa held at
Idaho Power to resolve the issues which Idaho Power's error had incured on the project.
Present at the meeting were:
Donavan Walker. ipco
Lisa Loomis Ipco
Mac Patterson ipco
Ron Wiliams Willams Brabur
Dan Reid H& H utility constrction
Wiliam H.. Piske Interconnect solar
Randy Hemmer Interconnect solar
The discussion was framed around a new expetedtielinethatwould not keep
Interconnect Solar from loosing the 1603 Treasur Grant expirng on December 31,
2012. It was ~so agreed that Idao Power would move the" In servce Date" in the PPA
as this schedule was no longer viable due to the need for a new Botanical study and
exposed Interconnect Solar to loosing the 900,000 Liquidated Damage money.
Interconnect Solar asked Idao Power (Lisa Loomis-Project Leader) to study both
paths while they . were in the field. (Exhbit I). Interconnect paid Idaho Power
$50,000.00 Dollars to pedorm this work. An EA report came from URS. It did not
include the second path. Because Interconnect had already paid and completed. a FSR for
queue #358; in which Idao Power provided a quote of $6,200,000 Millon dollars to
build this same path.. now. being considered, it could be expedited to a two week time
frae for the new quote.
The new FSR arived on January 4,th 2012 costing $2,440,000 Millon dollars,
which represents a $1,200,000 Millon gollar increase and the loss of the Treasur cash
grant, as well as the "IN PLACE" finacing for the project. f -tff/'~'l" " f.
Since Idaho Power asked and it was agreed not to go to the Idaho Public Utilities
commission to resolve these issues, Interconnect Solar believed Idao Power would work
hard to correct and repair the mistake they made in good faith.. That did not happen.
Since Interconnect Solar no longer had a GIA schedule 72, (and stil does not) that wa
accurte, and the in servce date has not been moved, Interconnect Solar ha not been
able to complete the new loan based on the "Investment Tax Credit" and "Accelerated
Depreciation" and post the required LD's for the PPA.
Interconnect Solar's lenders are not willng to post a securty deposit that is a set-
up for failure.
In addition to the Cancellation Notice issued by Randy -Allphin on the 9th of
Februry, Donavan Walker sent an E-Mail explaining their new GIA wasin error, and
would requie as much as 2 ~ years to complete the process. Mr. Walker was present at
the October 28, 201 1 meeting, and is well awae his position on the power line build-out
from 12.5 to 34.5 is not "IN SYNC" with the October meeting. His Email also states it is
the BLM process that is the problem, and this is Idaho Power's environmental stas
position. (ExhbitJl.
Mr. Walker also states he would send out a revised GIA. This has stil not
happened.
Interconnects concerns are many.
path was not viable?
2.) Why did Idaho Power say it would move the "IN SERVICE DATE" and wiU not
even retu my calls, and E-mails to resolve ths critical issue?
3.) Why did Idaho Power tae so long to quote a cost that had already been completed?
4.) Why does the E-Mail from Mr. Walker of Februry 9, 2012 not conform to the time-
line established in the October 28,2011 Meeting?
5.) How and why did Interconnect receive a confirmation tht the origina path was
viable?
,
Interconnect Solar respectfully asks the Idao Public Utilities Commission to
stop this manipulation of the required documents for a QF to achieve the necessary
funding for ths Multi Milion DoUar facility.
To demand Idao Power provide a revised "IN SERVICE date on the PPA that
lines up with the ever moving GIA schedule -72.
To provide the corrected GIA which lines up with the BLM meeting and
schedules set forth and agreed upon by all Paries.
To provide the BLM with a timely EA and spring Botanical study so the BLM can
expedite the ROW GRA.
To ask Idaho Power to stop delaying the project and daaging Interconnect Solar.
If Idaho Power had provided a correct FSR and GIA in the first place,
Interconnect Solar's fuding and compliance with the timelines required. including the
placement of the LD's construction deposits would be complete. Interconnect Solar
an obligation to resolve and repair the damage. Still as of ths time Tuesday the 14th of
Febru, 2012, Interconnect Solar stil ha not received the corrected informtion and
contracts necessary to complete the new loan the error forced Interconnect. Solar to make.
Rady Allphin has not retued my calls for 1 1.. days now.
To have taen the loan without disclosing the mistaken power line path once discovered
to the. lenders,. would constituted frud on Wiliam Piske's par.
decision dated August 4,2011 (docket # 37228) Liquidated Damages used in ths maner
may not be enforceable or legal~ but certiny an issue of concern.
Interconnect has filèdwith Idao Power a Force Majeure clause December 21,
2011,. after it became clear Idao Power ha no intentions of getting the necessar cost
estimate and conforming documents in a timely manner. (Exhibit J).
Interconnect asks for.a timely response from the IPUC, as the termination date is
Friday the 17th of Februar at 5pm,2012.
Thas you
l¡;£ ii, ßk
Solar Manager
Interconnect Solar development LLG
208-941-7458
. ,
Thereby certify that on this 14, day of February, 2012, I
caused a true and correct copy of the foregoing document
to be served by the method indicated below, and addressedto the following: r ,
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An lDACORP company
Februar 9,2012
Randy C. Allphin
Senior Energy Contracts Coordinator
Interconnect Solar Development LLC
3777 Twilght Drive
Boise,ID 83703
Original: Certified U.S. Mail
E-mai Copy: Bil Piske
Randy Hemer
Ron Wiliams
billpiske(gcableone.net
randyhemmer(ggmail.com
ron(iwilIiamsbradbur.com
RE: Interconnect Solar Dcvclopment LtC
Project Name: Murhy Flats Solar Power Project
Project Number - 12616650
My records indicate that the project was provided a revised Facilty Study on Januar 4th,
2012. The project has identified this revised Facilty Study in various meetings and correspondence
as a key element the project required in order to cure the current Material Breach of the Firm
Energy Sales Agreement ("FESA").
Mr. Wiliams' letter dated December 21,.2011 states that the project wil requie two to four
weeks after presentationof the revised Facilty Study to cure this Materal Breach.
Notification of the Material Breach was issued on December 16,2011. It has now been overfive weeks since the project received the revised Facilty Study, and eight weeks since notification
of the Material Breach.
..'.. '
Please provide Idaho Power acctale security as requied in the FESA to cue ths Mateal
Breach no later th close of business, Friday Febrar 17th, 2012, 5:00. p.m. Mounta Stada
Time to avoid ternation of this FESA. If the requied sècuty is not so posted by the deadle
mentioned above, the FESA will be teinated as of that date and tie.
RandyC Allphin
Idaho Power Company
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AlllDACORP Company
December 23,2010
Randy Hemmer
Interconnect Solar Development. LLC
3777 Twilght Drive
Boise, ID 83703
Re:Murphy Flats - GI Project #345
Dear Mr. Hemmer:
Idaho Power Company (IPC) has completed the Eacility Study cost estimate for your Generator
Interconnectionproject. Attached please find a Draft Facility Study Report (FSR). I am
available to discuss the FSR, and begin Constrction arrangements for the project
Iiiorder to procee with this project, please provide your comments to the Facilty Study Report
to me by January 24,201 i and indicate whether you wish to proceed with final design and
construction. The final reportwil be used to prepare a draft Generator Interconnection
Agreement in preparation for Construction. Rowena Bishop wil be working with you to finalize
the Intercomiection Agreement.
Before we can begin Construction or order materials, you are responsible forcoiitacting Idaho
Power's credit departent to discuss credit requiremellts for construction funding. Please
contact Aubrae Sloan (208-388-5697) at your earliest convenience. Once we recive funding, or
the credit requirement is met, we can proceed with constrction of the project.
The actual constrction and labor charges wil be finalized approximately 90 days subsequent to
project completion. We wil reconcile any over- or underayment at that time.
I look forward.to hearing from you soon.
Sincerel y,
.¿lJu(J~v
Lisa Loomis
Project Leader
Attachment: MUllhy Flats Solar Project FacilityStudy Report with Drawings
Cc: R Bishop/IPC
A SloanlPC
B Piske/Interconnect Solar Development, LLC
.IØU~PO(I
An IOACORP Company
.DRAFT
Generator Interconnection
Facility Study Report
for the
Murphy Flats Solar Project - GI #345
for
Randy Hemmer/Interconnect Solar Development, .LLC
in
Owyhee County, ID
12/23/10
Murphy Flats
Project #345
12/23/10
1. General Facilty Description
The proposed project wil consist of Idaho Power's standard 4 pole overhead generation
interconnection package and 5 miles ofl1ewdistiibutioncircuit The location of the project is in
section 25 of T2S, R2W (GPScoordinates N 43° i 2' 59.327", W 1160 30'43.046") in Idahó
Power's Caiiyon service teiTitory in Owyhee County, Idaho and it connects to the34.5kV system out
of Idaho Power Company's Sinker Creek substation, The total project output is 20 MW.
Interconnection Customer:
Randy Hemmer
Interconnect Solar Development, LLC
3777. Twilght Drive
Boise
Idaho
A Standard Generator Interconnection Agreement under Idaho Power Company's Open Access
Transmission Tariff (OATT) or Schedule 72 between Interconnection Customer and Idaho Power
Company - Delivery (Transmission Owner) for the Murphy Flats Project, specifically Generator
Interconnection Project # 345, wil be prepared for this project.
1.1 Interconnection Point
The Interconnection Point for the -Murphy Flats Project wil be the Generator side of Idaho
Power's X disconnect switch in the interconnection package. The project's location is Owyhee
County, Idaho. A drawing identifyng the Point of Interconnection is attached.
1.2 Point of Change of Ownership
The Point of Change of Ownership tòr the Murphy Flats Project wil be the Generator side of
Idaho Power's Xdisconnect in thé interconnection package.
1,3 Customer's Interconnection Facilties
The . Interconnection Customer wil install multiple solar panel arrays, the Power collector system
to, and including the step-uptransformer(s), appropriate grounding measures and associatedauxilary equipment. Interconnection customer will build facilities to the Point of Change of
Ownership for the generator facility.
1.4.1 Telecommunications
The Interconnection Customerwil provide two communication circuits between the
generation interconnection. site and a 10cation,orJocations, specified by Idaho Power.
One of the circuits wil be either (a) a dedicated 4-wire leased analog circuit or (b) a
DDS rramerelay circuit, connected to the SEt 3UC relay and the other will he a
POTS dial-up circuit to tlie revenue meter. The Interconnection Customer is
responsible for supplying and coordinating the installation of the phone Hues and
paying the monthly serce charges. The communication circuits wil need to be
installed and operational prior to generating into the Idaho Powersystem.
1.4 Other Facilties Provided by Interconnection Customer
1.4.2 Ground Fault Equipment
The IntercOlmection Customer wil install transfonner configurations that are
Grounded WYE on the high side and will limit the contrbution of ground faolt
current to 20 amps or less at the Intercoimection Point.
1.4.3 Easements
The Interconnection Customer wil secure appropriate easeinentswith the land owner
for the four-pole interconnection package. Idaho Power wil provide the
documentation.
Generator Output Limit Control
The Interconnection Customer wil install equipment to receive signals from Idaho
Power Grid Operations for Generation Output Limit Control ("GOLe") - see Section
3 Operating Requirements.
1.4.5 Local Service
The Interconnection Customer is responsible to arrange forJocal service to their site,
as necessar.
1.5 Idaho Power Company's Interconnection Facilties
Idaho Power will install a standard genertion interconnection package that wiHconnect to
distribution feeer SCSU-041. I fthe Interconnection customer is goingunderground to the
Intercoimection Point, Idaho Power wil include a pole riser for the Generator to install
cables to intercoimect to the Idaho Power system. If the interconnection customer is going
overhead to the Interconnection Point, it wil be at a tension not to exceed tlie design tension
specified by Idaho Power.
The ne~v interconnection package wil include four distribution poles to mount a local service
transfonner, solid blade disconnects, primary metering package, recIoser, relays, fuses and
riser 11ecessary for the package. The interconnection wil becontroUed by a SEL-31 l C
protection relay. The relay wil be located in a pole mounted enclosure and wil also contain
a test switch (TS4 ), SLSS, dialup modem. 202 modem, isolation intertàce, power supply, DC
conveiter, control switch and surge protector.
Facilty Estimated Cost:
The following good faith estimates are provided in 20lO dollars:
See Section 6 for tlie Project Grand Total
2.
Construction Funds Received by IPCO
18. Months after Construction ¡PCO Construction Complete
Funds Received by IPCO
2 Weeks after wcn Construction ¡PCO Commissioning Complete
Complete
TBD by seller Commercial Operation Date
BLMpemiitting issuesare outside the immediate control of Idaho Power and can influence theCommercial Operation Date.
3. Operating Requirements
Voltage flcker at startp and duiing operation must be limited to
less than 5% as measured at thePoint ofIntercoimection. The project is required to comply with the applicable Voltage and Cun'ent
Distortion Limits found in IEEE Standard 5 i 9- I 992 IEEE Recommended Practices and
requirementsfor harmonic Control in Electrical Power Systems.
Murphy Flats Project wil be subject to reductions directed by Idaho Power Grid Operations during
transmission system contingencies. When outages occur, the Project wil be subject to Generator
Output Limit Control ('''GOLC'') and wil have equipment capable of receiving an analog setpoil1t
from Idaho Power for GOLC. Generator Output Limit Control wil be asetpintfrom Idaho Power
to the Project indicating maximum output allowed during transmission contingencies.
Interconnection Customer wil be able to modify power plant facilities on tbe Interconnection
Customer side of the Point of Interconnection with no impact upon the operation ofthe transmission
or distribution system whenever the generation facilties arè electrically isolated from the system via
the X disconnect switch and a tennínal clearance is issued by Idaho Power Company's GridOperator.
Murphy Flats Project should be controlled to operate as a V AR neutral system with a :: 600 kV AR
operating band.
4.
5.1 Distribution Upgrades
Idaho Power wil build approximately 5 miles of new 34.5kV distiibution feeder fi'om existing
Idaho POwer 34.5kV distribution tèeer on Wanior Road to the project site. The conductor
installed wil be 795 ACSR.
This route wil require easements across private land and a peimitfromtheBLM. Idaho Power
wil prepare a BLM Grant Application that wil require a Botanical Survey, a Cultural Surey, an
EnvIromnentaJ Assessment (for NEPAcompliance)
and a General Wildlife Survey. The typicaltime frame for BLM grant approvalwi1l be a minimuinof one year. If the custoiner wishes to
proceed, it is important to start the BLM process in January, 201 i so that the studies can beconducted in t11e springof20 I L
5.2 Substation Upgrades
Idaho Power wiH upgrade the SCADA system at Sinker Creek Substation 8.ndinsta11 a localservice traiisfonner on the feeder side of the substation breaker for hot-line check.
Estimated Costs
The following good faith estimates are provided in 20 i 0 dollars:
Estimated Cost:
lntercomiection Facilities:
Overhead Generationlntereonnection Package IPC
TOTAL
Upgrade.ç to DistributiOli:
New 34.5kV Distribution Feeder (5 miles of795 ACSR)
ELM Peniiitting Studies/Surveys
IPC
IPC
TOTAL
$910,000
$40,000
$950,000
Substation Upgrades:
SCADA Upgrade
Local Service Transfomier
lPC
LPC
TOTAL
. $100,000
$25,000
$125,000
GRAND TOTAL
Note. Regarding. Transmission. Service:
Transmission system improvements and associated costs outside the scope of this Generator
Interconnection Facility Study Report may be required for the delivery of energyfi'om this project.
Generator interconnection service does not inany waycol1vey transmission fights nor deteIl1ineother
transmission system improvements to deliver your project energy to any specitìccustomer Or point of
delivery in our system:
t
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(14/12 CableONEMail - conclusion of meeting with Idaho Power on October 28th
S:ABLEONE'''"£ X 1-/ í3,' -r - r Bill PISKE -=bilpiske~cableone.nel)
conclusion of meeting with Idaho Power on October 28th
Moore, Kelley -=kmoore~blm.gov=
To: nbillpiske~cableoe.netU c:bilpiske~cableone.net;:
Mon, Nov 14,2011 at 2:45 PM
Bil,
Per our meeting on October 28th, it was decided that the powerline route orginally sought by Interconnect Solar
would require new construction and therefore, was not in compliance with the Moi1ey Nelson Snake River Birds of
Prey National Coservtion Area (NeA) Resource Management Plan (RMP).
All parties agreed to explore the use of an existing powerline that would reuire a re-build which is acceptable
under the NCA's RMP. The existing powerline is an old powerline and will therefore require clearances to be
completed (botanical, archaeological and wildlife) before the EmAronmentai Assessment (EA) can be completed.
The botanical clearance will require a survy next spring during the growing season to ensure there are no
threatened, endangered, sensitive or candidate species grong as the re-uild will reuire the placement of new
power poles, therefore a significant amount of surface disturbance will occur.
Idaho Power staf is wrting the EA. Once they have completed the document, it will be re-.ewed by BLM staf
and if changes are needed will be retumed to Idaho Power for those changes. Once the EA is finalized, Idaho
Power wil be offred an amended grant for this powerline.
I am unable to give you a timefrme for completion of the clearances and EA as the BLM will not be conducting
the botanical and archaeological clearances, nor will be BLM be wrting the EA. Once the EA draft is receive by
this offce it would be 3()5 days for re-.ew.
Thank you,
Kelly Moore
Supervisory Realt Specialit
Boise Distrt, BLM
3948 Development Ave
Boise, Idaho 83705
(208).3843339
(208) 3843326 (fax)
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Januar 25, 2011
Via email & Certfied Mai1#
7006010000014538119
Rady Hemer
Interconnect Solar Development
3777 Twilght Drive
Boise, ID 83703
Re: Murhy Flats-G! Project#345
Dear Randy:'"
Attached please find a copy of the final Facilty Study Reprt (FSR) and a drft Geerator
Intercnnection Agreeent (OIA) for your Genertor Interconnection project This Agreement
is par ofIdaho Power Company's Rate Schedule 72 tarff approved by the Idaho Public Utilties
Commission (IPUC). The IPUC has the authority to review and modify these schedules
perodicaly. You may view the most curt tarff at Idaho Power's website at:
htt://ww.idahopower.comlaboutus/regulatorynfo/tarffs.asp .
Transmission studies have detennined that transmission capacity is available and Network
Upgres to move your Project energy to load are NOT required. The estimated costs in this
Facilty Study report are the total costs for the internnection and for the trsmission of your
20 MW output. If you would like to schedule a meeting or conference call to discus the GIA
please contact me as soon as possible.
Under the Generator Intercnnection proce, the following items must be provided to me on or
before execution of the GIA:
Final Prof of Site Control for the project
Financial arrangements/constrction fuding
Although the prefered.method of fuding is full deposit up frnt; payment arangements may be
requested. If you have not already done so, pleae contact Aubrae. Sloan (208~388~5697),
Operations Finance at your earliest convenience to discuss .Idaho Power's credt requirementsfor
constrction fuding. Once we receive fuding, or the credit requirement is met, we can prcee
with construction of the' project. The actual constrction and labor' charges wil be reconciled
approximately 90 days subsequent to project completon.
You may have noticed that we have drfted the GIA Attchients based on the Facilty Stuy
Report provided to you on December 23,2010. Pleae review the Attchments to make sure
they are comprehensive and accurate and advise me of any changes as soon as possible. The
completed Attachments must be sent to me by c1oseofbusiness on Februar.28. 2011 so that we
may prepare the OIA for execution.
PO Sox ìO \837(7)
1¿2i Vif idaho St
,~O'S€. 10 93702
Page 2 of2
Failure to respond to this letter wil be considered as an election not to proceed with the project,
and we wil consider your Generator Interconnection request to have. been withdrawn and
ternated. If you have any further questions, pleae don't hesitate to contact me.
Sincerely,
.' tø/(fnirr(, ~/,
Row'; Bishp ... . · · ..
Operations Analyst
rbishopWdahopower.com
ph 208.388.2658
Encl: Final Facilty Study Report
drft GIA for Murhy Flats Solar Project # 345
Cc: (via email)
Bil Piskelnterconneet Solar Development
Lisa LomislIPC
Rich Bauer/IPC
Aubrae SloanIPC
Idaho Power eompany
Interconnection Agreement # 345 r ~
Generator
I.P.U,ç, No, 29, Tari No, 1 Q1
January 25, 2011
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Interconnection Agreement #345
RECITALS ..................................................,............,...........................,.......................................................... 1
AGREEMENTS...............................................................................................................................................1
1. Capitalized Term.. .......................................................................................... ............................1
2. Terms and Conditions..................................................................:~..............................................1
3. This Aweement is not an agreement to purchase selier'se~kYer..'........ ..................... ...............1
4. Attachments......................................................................:~.....:'...;.:..............................................1
5. Effective Date. Tenn. Termination and Disconnection................................................................2
6. Assignment. Liabjltv. Indemnit.' Force mlleure. Coseâuéntjàl Damages and Default...........5
7. Insurance.........................................................................'...................\.............................................. 7
8. Miscellaneous......................................................,.................................:..........................................7
9. Notjces. ...........................................................;....~................................:...~.....................................8
10. Signatures. ..................................................... ..............................................................................9
Attachment 1 ....................................................................................................................;.............................1
Attachment 2 ............................................................................................................................,........................1
Atachment 3 .............................................................................................;;.............................;.~~.,.................1
Attachment 4 .............;......................................................;...~...,...........~........;..:...........,.....................~:..................1
Atchment 5 .:......,..............................."........;........................:........,.'.;.~.;.........................................................1
Atachment 6...........;...............................;.~..;.'....................................,.:..'.:..................~.......................................1
Idaho Power eompany
Interconnection Agreement # 345
This Generator Interconnection Agreement (" Agreement")underldaho Power Company'sSchedulè 72 is effective as of the _ day of . 2011 between
. ("Seller" or "The Project"). and Idaho Power eompany - Delivery
("eompany", or "Transmission Owner".
. ,",,, '." ,;: _~;:.::~::~_,~i_:::_.
A. Seller wil own or operate a Generation Facility thatC1~~lifies for service under Idaho
Power's Commission-approved Schedule 72 and any successorschedulè. . .
B. The Generation Facility covered by this,Agreement is morepårticularly described inAttachment 1. . . .
1.. Capitalized Terms ." .".'
Capitalized terms used herein shall havethe same meanings eJS defined in Schedule 72 or in the body
of this Agreement. '. . .' .' . .
; ~ .~--: .
2. . Terms and Conditions. .':'. ..........,...,......,.. ...",
This Agreement and Schedule 72 provide tlJerates,'clJarges,terms, and conditions under which
the Seller's Generation,/façt!ity"vvill interconneet with; 'a"t;,pperate inparallel with, the Company's
transmissionldistribution)YcStem;,Terms define~Jn Schec/ú!e7;?,vvill have',tt:1e same defined meaning
in this Agreement. Jf,tfJire is ariy;c'?riflct beiWeen ,tfleterms'oi tlJis Agreement and Schedule 72,
Schedule 72 shallp~yail. ~, . ...."y';:;:;". ...\ . .
'-'--.~ '~.,r,~~':'
3.. This Ækeement is notarr~greement to tWhase
Seller's power.
Purchase of Seller's powe.r.andot~efsflrvices that Seller may require will be covered under separate
agreeme"ts;\,Nathing in'thisAg~eméÍ1tis intended tO,affect any other agreement between the
Compar'y..atid.:Sellsi): " ;:-.;-::_-'~'~~: ~;~::(~~.;-:(;":~:'~" ", " ' .
: -. '; .~.:.-,- ," . ," ",.. .....-:;.
'4. Attachments, .',
Attached to this Agreementandincluded by reference are the following:
. Attachment. 1 ..~;Descripti6n, and Costs of the' Generation Facility, Interconnection
Facilities, and Metering Equipment.
Attachment 2 - One-line Diagram Depicting' the Generation Facility, Interconnection
Faciliies, Met(3ring Equipment and Upgrades.
Attachment 3 j ¥ilestones For Interconnecting the Generation Facilty.
Attachment 4 ";Additional Operating Requirements for the Company's Transmission
System Needed to Support the Seller's Generation Facility.
Attchment 6 - Description of Upgrades required to integrate the Generation Facilit and
Best Estimate of Upgrade Costs.
Idaho Power eompany
Interconnection Agreement # 345
5.3 Temporary DiSÇtiÍièW()n;"Tempora,yd¡~gannectionshall continue only for so
long as reasonably necessary under "GoodYtility Practice''',(3CJ Utilit Practice means any of
the practices, methods and acts engaged in orapproved bya,slgnificantportion ofthe electric
industry during the~/€!lia.nt time period,'pr any ófth,ep'r~cticesidrrE!thods and acts which, in the
exercise of reasalJctble júdgrpent in lighfofthe' fa£t$~d'g~(Jat the' Urne the decision was made,
could have bee.n expected tòa~complish tna d~sged resulfilt,a reasonable cost consistent with
good businésšd practices, relÎåkility, safety andøg,)êdition.. GòodUtility Practice is not. intended
to be Iimited,t() the optimum práptice, method"pr act to the exclusìón of all others, but rather to
be acceptable: practices, methöds, or acts generally accepted in the region. Good Utility
Practice includes compliance with WECC 'or. NERC requirements.. Payment. of lost revenue. resir/tingtrm tempo.raiy (jlsponnaction shall be gOllfJrned by the power purchase agreement.f. '.~:,;,;.,_"._ .,' v:-,.-.~ """'~;~':'; """:." ';,
5.1 Term of Agreement. Unless terminated earlier in accordance with the provisions
of this Agreement, this Agreement shall become effective on the date specified above and
remain effective as long as Seller's Generation Facility is eligible for service under Schedule 72.
5.2
. ..::".....
After a Default, either part,rnayte~minate~his Agreement pursuant to
::,'./ :,; .:, .,~(:' ::-~: -( ,': :' '¡.; :,::(:~, ,',
'5.2.3 Upon termination ore)(Piråiion ofthis Agreement, th~àeller's Generation
Facility will.be disconnected from theCpmpany's transmission/distribution, system. The
termination or expiration oUhis Agréementshall not reliE!ve either PartY oUts liabilities
and obligations, owed or continuing. at thf3 t1me of the; t~rmination. The prov¡siói1~ of this
Section shall survive termination or expiratiol1of thls.'i~greement. .
-"'~'- ~":._:; .: ;:.,:.-..-~: t
"5.3.1 Eméâj~ncy Conditoås~.tlEm~fgency Conditiontl means a condition or
situation: (1) that in tl7e judgment of the Part making the claim is imminently likely to
endanger life or properly; or (2) that, in the case of the Company, is imminently likely (as
determined in anon-discriminatoiy manner) to. cause a material adverse effct on the
security ot or demage ". to the Company's transmission/distribution system, the
Company's Interconnection Fåcilitiesor the equipment of the Company's customers; or
(3) that, in the case of the Seifer, is imminently likely (as determined in a non-
discriminatory manner) to cause a material adverse effect on the reliability and security
o~ or damage to, the Generation Facility or the Seller's Interconnection Facilities. Under
Emergency Conditions, either the Company or the Seifer may immediately suspendinterconnection service and temporarily disconnect the Generation Facility. The
Company shall notify the Seifer promptly when it becomes aware of an Emergency
Condition that may reasonably be expected to affect the Seller's operation of the
Generation Facility. .The.. Seifer shall notify the Company promptly when. it. becomes
aware ofan Emergency Condition that may reasonably be expected to affect the
Company's equipment or service to the Company's customers. To the extent
information is known, the notification shall describe the Emergency Condition, the extent
of the damage or deficiency, the expected effect on the operation of both Parties'
facilties and operations, its anticipated duration, and the necessaiy corrective action.
Idaho Power Com pany
, Interconnection Agreement # 345
5.3.2 Routine Maintenance, Constuction. and Repair, The Company may
interrupt intercnnection service or curtail the output of the Seller's Generation Facility
and temporarily disconnect the Generation Facility from the Company's' transmission!distribution system when necessary for routine' maintenance, constrction, and. repairs
on the Company's transmission/distribution system. The Company' will make a
reasonable attempt to contact the Seller prior to exercising its rights to interrpt
interconnection or curtail deliveries from the' Seller's Faailíty;' Seller understands that in
the case of emergency circumstances, real time OPfJ(ët/õnsÔf the electrcal system, and!
orunplannedevents, the Company may not be abreJOprovide notice to the Seller prior
to interrption, curtailment or reduction of electriça/ energydeliveries to the Company.The' Company shall use reasonable efforts , to' cpòrdinatesuch reduction or temporary
disconnection with the Seller. '.' . .' . . ". .
~ - " ' ,:'. -:-. ,~-::';.:
~ "":;
5.3.3 . Scheduled Majntenancè.:pl1~~ before January31Òfeach calendar year,
Seller shall submit a wrien proposed maintenance schedule of significant Facility
maintenance for that calendar year and the Company and Seller shall mutually agree asto the acceptability of the proposedsctiedule. Thef'arties determination as to the
acceptability. of the Seller's timetable'" for scheduled'maintenance will take '. intoconsideration Good UtilityF'ractices, . Idaho: P()we"'system requirements and the Seller'spreferred schedule. Neithê,part shall unreasqnably. withhold acceptance of the
proposed maintenance scheduJe:, ":. .... ...... .
5.3.4. MaintenanceCOordin'åi:iOn.The S~¡/~f and the Company shall, to the .
extent Practiç~/,:coordinateth~ir respècti~lJ" transmission/distribution system and
Generati0l'lfatilityl1aintenance ~chedulfJssiJc~tha.t they ocçur simultaneously,.. Seller
shaiiprovideand maint~in adequattl protectiiíe equie'rpt3nt suffcient to prevent damage
tOtti~'Generation Facilitand Seller-fritishifd Interconnêçtion Facilties. In some cases,
soir~,çf. Seller'sprotecJiv,e relays willprovide back-up protection for Idaho Power's
facilitiés;' .In that event, ../daho Power will test such relays annually and Seller will pay the
actual cOst of such annua/testing.
:'\;'~:S.3.~ toicedd:i~g~'fpuring an~"orced outage, the Company may suspend
intereonnection service to effect immediate' repairs on' the Company's transmission/
distribution system.Ttie Company shall use reasonable efforts to provide the Seller with
prior notice. If prior notice is not given, the Company shall, upon request, provide the
Seller written documèl1taticm after the fact explaining the circumstances of thedisconnection. .
5.3.6 Adverse Operating Effects. The Company shall notify the Seller as soon
as practicable i~ based on Good Utility Practice, operation of the Seller's GenerationFacility may cause disruption or deterioration of service to other customers served from
the same electric system, or if operating the Generation Facility could cause damage to
the Company's transmission/distribution system or other affected systems. Supporting
documentation used to reach the decision to disconnect shall be provided to the Seller
upon request. if, after notice, the Seller fails to remedy the. adverse operating effect
within a reasonable time, the Company may disconnect the Generation Facility. The
Company shall provide the Seller with reasonable notice of such disconnection, unless
the provisions of Article 5.3.1 apply.
5.3.7 Modification oUhe Generation Faciltv. The Seller must receive writtenauthorization from the Company before making any change to the Generation Facilitythat may have a material impact on the safety or reliability of the Company's
transmission/distribution system. Such authorization shall not be unreasonably withheld.
Idaho Power Company
Interconnection Agreement # 345
Modifcations shall be done in accordance with Good Utility Practice. If the Seller makes
such modification without the Company's prior written. authorization, the latter shall have
the right to temporarily disconnect the Generation Facility.
5.3.8 Reconnection. The Partes shall cooperate with each other to restore the
Generation Facility, Interconnection Facilities, and the Company's transmissiori
distribution system to their normal operating state assooll" as reasonably' practicable
following, a temporary disconnection.- ' - -' -' ~ . ..,:'.
5.3.9 Voltage Levels. Sel/er, inaccord~~2~~~ith Good UtilityPractices,shalI
minimize voltage fluctuations and maintain voltage levels acceptable to Idaho Power.
Idaho Power may, in accordance with Gopc:,Ytility Practices, ' upon one hundred eighty
(180) days' notice to the Seller, changejtšrjominal operating voltage level by more than
ten percent (10%) at the Point of Delivery, in which case Seller shatlmodify, at Idaho
Power's, expense, Seller's equipment,"as necessary to accommodate the modifed
nominal operating voltage le,ve/.
5.4.1, Seller to provide Accss. ;;;/~hhê;~b~ grants to Idaho Powertbr the
term 'of this Agreement atlriecêssary rights-of-way and easements to insta/~ operate,
maintain, replace, ,and, remove/da,ho Power's Metering Equipment, 'Interconnection
Equipment, Disconnection Equipment,'PnJta.ction Equip/Tentand other Special Facilities
necessary or useful to this Agreement, incliidlngadequate~nd continuing access rights
on propert.ofSel!f3r. Seller warrnts thaJjt. has. procured.~uffcient easements and
rights-oJ-wayJrom thirdparties so as. to pròvide tdahoPowerwith the access described
abo\Íf3.i All documents'.granting such'eElsements or rights-of-way shall be subject to
Idahol'ower's approvaland in recordable form. " "
"'--,-
5.4.2"" Use of PUblic Rights:of-WaVt ,The Parties agree that it is necessary to
avoid the àdverse e,.Vironrnenctal,and operating impacts that. would occur as a result of
diiplicatee/ectric./ine,s'being constnicted inclose proximity. Therefore, subject to Idaho
Power's compliance'with, Paragraph 5.4.4, "Seller agrees that should Seller seek and
" receive from any local, state or federal góvemmental body the right to erect, construct
and maintainSeller-fumished Interconnection Facilities upon, along and over any and all
public roads, streets and highways, then the use by Seller of such public right-of-way
shalt besubordinåte to any. future use by Idaho Power of such public right-of-way for
construction and/of maintenance of electric distribution and, transmission facilities and
Idaho Power may claim use of such public'right-of-way for such purposes at any time,
/Except as required by Paragraph 5.4.4, Idaho Power shall not be required to
compensate Seller for exercising its rights under this Paragraph 5.4. 2.
5.4.3 Joint Use ofFacitites. Subject to Idaho Power's compliance with
Paragraph 15.4~4.ldaho Power may use and attach its distribution andlortransmission
facilities to Seller's ,Interconnection Facilities" may reconstruct Seller's Interconnection
Facilities to accommodate Idaho Power's usage or ldaho Power may construct its own
distribution or transmission facilities along, over and above any public right-of-way
acquired from Seller pursuant to Paragraph 5.4.2, attaching Seller's Interconnection
Facilities to such newly constructed facilities. Except as required by Paragraph 5.4.4,
Idaho Powershall not be required to compensate Seller for exercising its rights under
this Paragraph 5.4.3.
5.4.4 Conditions of Use. IUs the intention of the Patties that the Seller be left
in substantially the same conditon, both financially and electrically, as Seller existed
prior to Idaho Power's exercising its rights under this Paragraph 5.4 Therefore, the
Patties agree that the exercise by Idaho Power 'of any of the rights' enumerated in
Paragraphs 5.4.2 and 5.4.3 shall: (1) comply with all applicable laws, codes and Good
Utility Practices, (2) equitably share, the costs of installng, owning' and operatingjointly
used facilities and rights-of-way. If the Parties are unable:to agree on the method of
apportioning these costs,' the dispute will be submi~e~tç)thè Commission ,for resolution
and the decision ofthe Commission wil be bindingo"tqe Patties, and (3) shall provide
Seller with, an intercnnection to Idaho Powetss,)stem ofe:qual capacit and,durabilty
asexistedprior to Idaho Power exercising itsrights under thi~ taragraph 5.4.
6.1 Assignment. This Agreeme~il1aYbe assigned by either pJrtyupon twenty-one
(21)' calendar days prior written notice and opportnity to, object by' the' other Part; provided that:
6.1.1 EitherPart may assignthi~ Agreement Weithout theconsentoffhe otherPart to any affilate of the assigning Parly with an eqita/ör greater credit rating and with
the legal authority and operational ability tò setisfy the'obligations ofthe assigning Pattyunder this Agreement. :"i'~':.~:f':,\-':L
-;.,,-;.:
6.1.2 The Sellersh"ellhave the right to contingently assign this Agreement,
without the, consent of the COmpany, forcpllateral sêdiirity purposes to aid in providing
financing for the: Generation Facility,prolÌided thattheaeller will promptly notify the
Company p" any sucIJ contingent assignme:,,~.:', . '. " -.-"'- .~, ., ,- :' ::::';. :\" ",'
.6.1.3 Any atièinpted assig~riehtthJt vio/at~~'ihisarti~/e is void and ineffective.
AssigruTJent shall, not rell~ì¡e a Part 'O(its obligations, nor shalla Part's obligations be
enlarged, in whole or in Patt, by reasonthereof. An assignee is responsible for meeting
.,,', the samêfinancial,credit; and insurance-obligations as the Seller. Where required,
',.' ., con~ent to as~ignrne:nt~ill notiJe: imreasonably withheld, conditioned or delayed.
6.2 'Limitationi/L;abilitv. Ea~Îl~art'sli~bilty to the other Party for any loss, cost,
claim, injury, liability, or expense, including reasonåble attorney's fees, relating to or arising from
any actor omission in its perfonnance of this Agreement, shall be limited to the amount of direct
damage actually incurred. In no, event shall either Party be liable to the other Part for any
indirect, special, consequential, or punitive damages, except as authorized by this Agreement.
Indemnity.
6.3.1 This provision protects each Part from liability incurred to third parties as
a result of carrngout the provisions of this Agreement. Liability under this provision is
exempt from the general limitations on liabilityfound in Artiole ô.2.
6.3.2 The Parties shall at all times indemnify, defend, and hold the otherParty
harmless from, any and all damages, losses, claims, including claims and actions
relating to. injury to or death of any' person or damage to propert, demand, suits,
recoveries, costs and expenses, 'court costs, attorney fees, and aI/other obligations by
or to third parties, arising out of or resulting from the other Party's action or failure to
meet its obligations under this Agreement on behalf of the, indemnifing Party, except in
cases of gross negligence or intentional wrongdoing by the indemnified Part.
6.3.3 If an indemnifed person is entitledto indemnification under this article as
a result of a claim by a third part, and the indemnifying Party fails, after notice and
reasonable opportunity to proceed under this artcle, to assume the defense of such
claim, such indemnifed person may at the expenseoftheindemnifying Party contest,
settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Failure to defend is a Material Breach.
:__':":.:,''''''"...::'' 0
6.3.4 , If an indemnifying part is obligate~id indemnify and hold any
indemnified person harmless under this article, the amount owing to the ',' indemnifedperson, shall be the amount of such indemnified,person's actual loss, net of anyinsurance or other recovery. "
6.3.5 Promptly after receipt byanindemnifed person of any claim or notice of
the commencement of tJny action oradmiflistrative or legal proceeding or investigation
as to which the indemnity provided for in this article may apply" the indemnified person
shall notify the indemnifying part of sÙch fact. Any failure of or delay in such notication
shall be a Material Breach and shall nofaffect a Part's indemnification obligation' unless
such failure or delay is materially prejudicial (9 the ind€H1fnifying part.
'-,;",::":~::.,,
6.4 Force Majeure.A.# u,~ed in this Ag,eeÎflént, "Force Majeure" or "an event of
Force Majeure" means any causèbeyonc: the controiòfthe Seller or of the Company'which, .despite the exercise of due diligeriçe,siich Rarty is unable to prevent or overcome. Force
Majeure includes, but is not limitedto.actso~ God, fire, flood, storms, wars, hostilities, civil
strife, strikes and other/abor disturban9es, earthqLlakes, fires" ligntning, epidemics, sabotage,
or changes in Jawor 'regulationoccurring" after thee r5pelJtion Datë,'which, by the exercise ofreasonablefores1ght such party could not'rea~()lfa~/y have~e~n expected to avoid and by the
exercise o~ dtie diligence, ,it shall be unable'to()lleroome. ,If either Part is, rendered wholly or in
part unable~to perform its, obiigations undår:thisAgreement because of an event of Force
Majeure, both Parties shall beexGused from whatever performance is affected by the event of
Force Majeure, provided that~.;;;i', .' . '.
(1) The tjojj~pe"'öliingPart shall, as soon as is reasonably possible afterthe occurrence, of the, Force Majeure, give.the other Part writen notice describing theparticulars of the occurrence. .
(2) The suspension of performance shall be of no greater scope and of no
longer duration than isrequired by the event of Force Majeure.
(3) No obligations of either Party which' arose before the occurrnce causing
the suspension of performance and which could and should have been fully performed
before such occurrence shall be excused asa result of such occurrence.
Idaho Power Company
Interconnection Agreement # 345
6.5.1 Defaults. If eithèr Parry fails to performanyof theterms or conditions of
this Agreement (a "Default" or an "Event of Default"), the nondefaulting Parry shall cause
notice in writing to be given to the defaultingPart, specifyng the manner in which such
default occurred. /fthe defaulting Palty shall fail to cure such Default within the sixty (60)days after service of such notice, or if the defaultingF'artreasonably demonstrates to
the other Palty that the Default can be cured within acol1mercially reasonable time but
not within such sixt (60) day period and then fai/~. tö diligently pursue such cure, then,
the nondefaulting Part may, at its option, termináte thiaAgreementandlor pursue its
legal or equitable remedies. . , , ,
6.5.2 Materil Breaches. Thenouåigndcure provi~i6~1InParagraPh 6.6.1 do
not apply to Defaults identified in ,this'Agreement as Materia/Breaches. Material
Breaches must be cured as expeditiou,slyas possible followingoccurrnce of the breach.7. Insurance., ' ',' ,.i " "..".",'.,.,
During the term of this Agreement, Seller shallsecureanqcontinuous/y. cany thelollowinginsurance coverage:" ,.~.
'" ',.
7.1. Comprehensive, G~;:eFalLiability InsuFa!iãèfor both bodily injury andpropelty
damage with , limits equal to $1,000,000, èáchoccurrence; col1binedsingle'limit. The, deductible
for such insurance shall be consistent with current Insurance Industry Utilty practices for similarproperty. ',.,.. d, .'
';'0,'.,.:,".,',.",
7.2 ',', The 'above insurance covèrage shállbeplficed with an insurance company with
an A. M. Best Company rating of A- or better ándshåll include: ,',., . '.' ,
. "... '~'.
(a) An endorsèment namingJdaho Power as an additional insured and losspayee asapplicable; and '
. '-::¡':::l/'l/,(""'1:,.,. '". ',.,:, ... .
:; (b) ", Aprovfsiônståilngtbat suchpolicy shall not be canceled or the limits of
liabilitjreduced with()ut sixt (60) days' priQr written notice to Idaho Power.
7.3 Seller to Provide Certificate of Insurance. As requiredinParagraph7 herein and
annually thereafter, Seller shall furnish the Company a certifcate of insurance, together with the
eridor~ements required therein, evidencing the coverage as set folth above.
7.4 Seller tQ Notify Idaho Power of Loss of Coverage - If the insurance coverage
required by Paragraph 7. 1 shall lapse for any reason, Seller wil immediately notify Idaho Power
in writing. The nQtice wil advise IdahQ PQwer of the specifc' reason fQr the lapse and the steps
Seller is taking to reinstate the coverage. Failure tQ provide ,this' notice, and to expeditiously
reinstate or replace the coverage will constitute grQunds fQr a temporary disconnection LinderSectiQn5.3 and will be a Materia/Breach. "
8.1 GQverning Law. The validity, interpretation and enforcement Qf this Agreement
andeachof its provisiQnsshal/be gQverned by the laws of the state of IdahQ without regardtQ
its conflicts of law principles.
8.2 Salyage. No later than sixt (60) days after the terminatiQn Qr expiration of this
Agreement, ,'Idaho, Power wil prepare and foiward to Seller an estimate of the remaining value
of those 'Idaho Power furnished Interconnection Facilities as required under Schedule 72ahd/or
described in this Agreement, less the cost of removal and transfer to Idaho Power's nearest
warehouse, if the Interconnection Facilties will, be removed. If Seller elects not,' to obtain
ownership of the, Interconnection Facilities but instead wishes that Idaho Power reimburse the
Seller for said Facilities the Seller may invoice Idaho Power for the net salvage value as
esümatedby Idaho Power and Idaho Power shall pay such amount to Seller within thirl (30)
days after receipt of the invoice. Seller shall have the right to,of(seftheinvoiceamount against
any present or future payments due Idaho Power. ' ,
Idaho Power eompany
Interconnection Agreement # 345
9.1 General., Unless otherwise providad in this Agreément, any written notice,
demand" or request required or authorized in connection with this Agrèement ("Notice") shall be
deemed properly given if delivered in person,deUveredbyrecognized national currier service,
or sent by first class mail, postàgeprepaid,to,theperson speèied below: '
Seller:
Attention:
Address:
eity:
Phone:
Idaho Power eompany - Delivery
Attention: Corporate eashier
PO Box 447
Salt Lake eity Utah, 84110-0447
Phone: [phone] email: asloan~idahopower.com
9;3 Designated ",'Operating, Representative. The Parties, may also designate
operating representatives to ',' conduct the communications which may be necessary or
convenient for the administration of this Agreement. This person wil also serve as the point of
contact withrespectto operations and maintenance of the Part's facilties.
State:
Fax:
Zip:
Idaho Power Company
Interconnection Agreement # 345
Seller:
Attention:
Address:
eity:
Phone:
Company's Operating Representative:
Idaho Power Company" Delivery\,
Attention: Regional Outage Coordinator - Regional Dispatch'
1221 W. Idaho Street
Boise, Idaho 83702" ,',' ,', , "
Phone: [phone], or 388-5175 during regular business hours .
(after hours Southern Region 208-388-5190). .
9.5 ehanges to the Notice inform~~'ón., Either Partrnay changethiš'il1~ormation by
giving five (5) Business Days written notice prior to the effe.ctlveddateofthe change. ','. '
Name:
Descrittion and Costs" of the
Equipment
General Faciltý Descrption
The proposed project will consist of Idaho Power's standard 4 'pole overhead generation
interconnectionpackage and 5 miles of new distribution circuit. The locatioh of the project is in section
25 of T2S, R2W (GPScoordinates N43° 12' 59.327", W 1160 30~(43.046") in Idaho Power's Canyon
service terrtory in Owyhee County, Idaho and .it connects" to the 34.5kV system out of Idaho Powereompany's Sinker ereek substation. The total project output is .2QMW. "
.' ",:;",',!: ~_:::~: ". ': -' ',;. ".
Interconnectiol1PC)int , , ,LThe Interconnection Point for the Murphy Flats ProjettwiUbe the Generator side of Idaho Power's X
disconnect switch in the interconnection package. Theprojecfslocation is OWheeÇounty, Idaho. Adrawing identifying the Point of Interconnection is attphèd. .'
The Point of ehange of Ownership for the Murphy Flats Project will be the Generato/side ofldahoPower'sXdisconnectintheinterconnection package. " .,.. , .' ,". .' .
',"..'-,'..'.'."".,-"
Selier'~lnterconnection F~ciíit~~~ .
The Interconnection eustomer will instaii multiple solar panel arrays, the Power collector system to,
and including the step-up transformer(skappropnate grounding measures and associated auxilaryequipment. Interconnection customer wil biiild facHities to the PoiriIof Change of Ownership for the
generator facility."", ." ,,' '\,"
, ' . . :.-:,; .,~; . '-;-':;~:,;:)~':"f': .,~"-;'-" "";' ';: - :;' . l;
The Seller will instali~qû¡pment t~ receive sigh~ls frornd:I~~Ìi6 'Power eonipany Grid OperatiOns for "'
Generator Output Limit eontrol ("GOt.C,") - see Attàchmehf4 OperâtingRequirements.
-,; ," - - . .-";: /~:'-'; , . ',.:. ," , ,
The Seller will provide, phone serviciii;to ipeo's generator interconnect package as described in
Telecommunications beló~. . ".' .,..'
,".' ,-.\:,;:,;/-,": ":-:"~::;''-:.\' ,(,:-/
All ,intl:irçonriectionequipmeni; êlectriCaIlY located on the' generator side of the Point of ehange
Ownership shall be owned and maintained by the Seller. .:"" .:"-;'..', '.:,'i" , - .:", '--.", _ . : '.:',..",
Other Facilties Provided by SellerTelecommunications ,,' ',.., ,,' "\i
The Interconnection Customer'Jilprovideiwo Communication circuits between the generation
interconnection site and a locatiori, ,or locations, specified by Idaho Power. One of the circuits wil be
either (a) a dedicated4-wire leased analog circuit or (b) a DDS frame relay circuit, connected to the
SEt 311 e relay and the other wil be a POTS dial-up circuit to the revenue meter. The Interconnection
eustomeris responsible for supplying and coordinating the installation
of the phone lines and paying
the monthly service ,charges. Theeommunication circuits wil need to be installed and ,operational priorto generating into the IdahoPòwersystem.
Ground Fault Equipment
The Interconnectioneustomer 'wil ,install transformer configurations that are Grounded WYE on'the
high side and wil limit the contribution of ground fault current to' 20 amps or less at the InterconnectionPoint.
Easements
The Interconnection eustomer wil secure approprate easements with the land owner for the
interconnection facilties. The Interconnection, eustomer wil,'provide to ipeo ,a surveyed (Metes &
Bounds)/egal description along with exhibit map for,lPeO's fáciliies. After the legal dèscriptionhasbeen delivered tolPCO for review, ipea wil supply to thelnterconneeton Customer a completed
ipeo easement for signature by the land owner of record. Once the signatures have been secured, the
Intercohnection eustomer wilretum the signed easementtolPCO for recording. !pea construction
will not proceed' until the appropriate easements are secured. '
Loea/Service . " .....,.:i"
The Interconnectioneustomer is responsible to arrange for locaiseiviceto'theirsite, as necessary.
Idaho Power Company's Interconnecti()J''F~ciUties
Idaho Power wil install a standard generation interconnection package thatwiUconnect to distributionfeeder SeSU-041.., "If the ,Interconnection customer is. going, .undèrground to the Interconnection, Point,
Idaho Power wil include a pole riser. for the Generatortoinstall cables to, interconnect to the IdahoPower system. If the interconnection customer is going overhead to the Interconnection Point, it wil be
at a tension not to .exceed the design tension specifed byldaho' Power.
The new interconnection. package will include Jour,distribution",poles to mount älocal servce
transfonner, solid ,blade disconnects, primary metering package,recloser,relays, ,fuses. and, risernecessary for the package. The interconnection wil be
contrqUed, by a SEL-311e protection relay.The relay wil, be located in a pole mount~denclosure and will
also contain a test switch (TS4), SLSS,
dialup modem, 202 modem, isolation interface¡ power supply, DC converter, control switch and surge
protector. "Seesingle line drawing as AttaCh,nient2."". '
All interconnection equipmentelectrically located on the utiltysideofthelnterconnection Point shall beowned, operated, andi:aintained by Idaho Power. . .' " , .
.-".
Idahó Power eompany
Interconnection Agreement # 345
Provided by Seller ,,'
Intercon,necdon' Facilties:
Overhead Generation Interconnection Package
(See ATTACHMENT 6/òr Project Grand Total)
$N/A
',. IPCO
TOTAL
$170.000,00
$170,000.00
Full payment is required up front in accordance with Secton 9, unless payment arrangements are
made in advance with Idaho Pow~r Delivery Finance.
Billng for construction activities wil be based upon actual expenditures.
Nóte: These Milestones are estimates only, and not guarantees of meeting or not meeting any specifc
date or müestone.
TBD Funding Receiver! .
, 18 months after funding received by ipe ipca ConstruCionComplete
2 weeks after ipe construction complete LPCO c;ommissioning. Complete
(to be provided by Seller at a later date) Comme~cial Operation **
**BLM permttng issues are outside the irnedia~ control of Idao Power Cömpany and can
influence the Commercial Operation Date. .
Idaho Power Company
Interconnection' Agreement #345
Operating Requirements"".'.,
Voltage flicker at startup and during operation wil be limitedto.less.than 5% as measured at the
Interconnection Point. The projectis required to comply with the appUêable Voltage and eurrent
Distortion Limits found in IEEE Standard 519-1992 IEElfReçommended Praçtiçes and Requirements
for Harmonic Control in Electrical Power Systems or any subsequent standards as they maybe
updated from time to time. .' . '.'" ,
Seller will be able, to modify power plant facilties' qii the 'generator side' of thelnterCniiection · Point
with no impactupon the operation of the transmissionsystem wh~nevarthe generatlonfa~ilitesare
electrically isolated from the transmission system via thedx.ßisconnasfswitch and a'terminálclearance
is issued by Idaho Power Company's Grid()perator. ".' ,
Ground Fault Equipment ." . '."
The Seller wil install transformer configurations that provide a' ground source to the transmissionsystem. ".'
,~ ¡'.:;.j.:"'-. -. .
Generator Output Liniitt9I1tiÓ/('~R.e-lspatJhiror"GorC';?"i ", ,,'
The, Project, will be, ~11()\¥ed , to , deliyer the net' a~tJ)utof;,~OM\N-at .t~~ Interconnection Point subjectto reductions direaa~ by Idaho Rower eompanyGrid Operatioflsduring transmission system
contingencies. ,'Wheh outages occur;.~the Project wil be' subject to Generator Output, Limit, Control
("GOLe") and have'equipment capable of receiving signals, frm Idaho Power for GOLC. Generator
Output Limit Control wil, be asigl1atfrorn Idaho Power to the Project indicating maximum output
allowed during transmissionconting~riçies.
ComlÌ~tii~j Operåtlôn' Reaû(rèìf~~ts
The Seller wil be granted a requêstedeommercial Operation date only when all requirements have
been .met under this GIAand ;Idaho Power eompany's Power Sales Agreement. A transmission
service, request, C'TSR") for this generation has been submitted to Idaho Power eompany's Grid
Operations group and transmission service is approved.
"Murphy Flats Project should' be controlled to, operate as, a VAR neutral system witha:J 606
kVAR operating band.
Company's Descnption of Special Facilities and Upgrades Required to Integrate the Generation
Facilit and Best Estimate of Costs
As provided in Schedule 72 this Attachment describes Upgrades, Special Facilities, 'includingNetwork Upgrades, and provides an itemized bèst estimate of thecost of the required facilities.
Upgrades. Substation Upgrades
Idaho Power will upgrade the SCADAsystem at SinkerCreek Substation and instll
a local servictransformer on the feeder side of the substation breaker forhot-Iine check.
Distribution Upgrades
Idaho Power will build approximately 5 miles
Of new 34.5kV distributon feeder fr existing Idaho Power34.5kV distribution feeder on Warnor Roadto the projeesite. The conductor installed will be 795 ACSR.
This route will require easements across private land and a permit from the BlM. Idaho Power will
prepare a BlM Grant Application that wil require a Botanical Survey, a Cultural Survey,an
Environmental 'Assessment '(for NEPA compliance) and a General Wildlife Survey. The typical time
frame for BlM grant approval will be a minimum of one year. If the custom~r wishes to proceed,
it isimportant to start the BlMprocessin January,
2011 so that the studies can be conducted in the springof2011.
'\
Substation Upgrades:
SCADA Upgrade
local Service Transformer
!i14/12 CableONEMail - Murphy Flats GI#345
FABLEONE& tXH-lg /T-- b BILL PISKE c:bilpiske~cableone.nel)
Murphy Flats GI#345
BILL PISKE -=bilpiske~cableone.nel)
To: "Loomis, LisaH c:LLoomis~idahopower.com;:
ec: Randy Hemmer c:randyhemmer~clearwire.net;:
Lisa, can.t we use the the same people to complete the whole
process at once, instead of TWO diffrentprocesses? I have a company, as discussed. that suggested this! Your thoughts? Bily
(Quoted text hidden)
Thu, Mar 24, 2011 at 2:28 PM
Bil Piske(âcableone.net 1-208-941-7458
s:lImaíl.google.comlalcableone.netl?ui=2&ik=03ffacf99&view=pt&search=ínbox&msg=12ee98db 7...
111
EXtl,'g/r - II
:SIDA~POR(I
An IOACORP Company
Generator Interconnection
Revised Facility Study Report
for the
Murphy Flats Solar Project - GI #345
for
Randy HemmerlInterconnect Solar Development, LLC
m
Owhee County, ID
1/4/12
REVISED FACILITY STUDY REPORT (FSR)
Murphy Flats
Project #345
1/4/12
1. General Facilty Description
The proposed project will consist of Idaho Power's stadard 4 pole overhead genertion
interconnection package and approximately 9 miles of upgrded distrbution circuit. The location of
the project is in section 35 ofT2S, R2W in Idaho Power's Canyon servce tertory in Owyhee
County, Idao and it connects to the 34.5kV system out of Idao Power Company's Siner Creek
substation. The total project output is 20 MW.
Interconnection Customer:
Randy Hemer
Interconnect Solar Development, LLC
3777 Twilight Drve
Boise
Idaho
A Stadard Generator Interconnection Agreement under Idaho Power Company's Open Access
Tramission Tarff (DATI or Schedule 72 between Interconnection Customer and Idaho Power
Company - Delivery (Transmission Owner) for the Murhy Flats Project, specifically Generator
Interconnection Project # 345, wil be prepared for this project.
1.1 Interconnection Point
The Interconnection Point for the Murhy Flats Project will be the Generator side of Idaho
Power's X disconnect switch in the interconnection package. The project's location is Owhee
County, Idao. A drawing identifyig the Point of Interconnection is attached.
1.2 Point of Change of Ownership
The Point of Change of Ownership for the Murhy Flats Project will be the Generator side of
Idao Power's X disconnect in the interconnection package.
1.3 Customer's Interconnection Facilties
The Interconnection Customer wil install, multiple solar panel arays, the Power collector system
to, and including the step-up tranformer(s), appropriate grunding measures and associated
auxilar equipment. Interconnecton customer wil build facilties to, the Point of Change, of
Ownership for the generator facilty.
1
LOne POTS (plain Old Telephone Serice) dial-up circuit for queryng the
revenue meter at the generation interconnection site.
2. One leased DDS (Digital Data Servce) circuit for SCADA between the
genertion interconnection site and Idaho Power's Central Dispatch Center
(10790 Franin Road, Boise, ID 83709)). This circuit must operate at 19.2
kbps data rate or higher. ,Please note tht Frame Relay serce is not
acceptable.
The Interconnection Customer is required to coordinate with a communications
provider to provide the communcations circuits and pay the associated one time
setup and perodic charges. The cornuncationcircuits wil need to be instaled and
operational prior to generating into the Idao Power system. Note that installation by
communcations provider may take several months and should be ordered in advance
to avoid delayig the project. If the communication' circuit tyes listed above ,are not
available at the site by a communcations provider, the ,Interconnection Customer
shall confer with Idaho Power.
If high voltage protection is required by the communcations provider for the
incomig communcations provider cable, the high voltage protection assembly shall
be engineered and supplied by the Interconnect Customer. Options' are available for
indoor or outdoor mounting. The high voltage protection assetnly shall be located in
a maner that provides Idao Power 24-hour access to the assembly for trouble..
shooting of Idaho Power owned equipment.
1.4.2 Ground Fault Equipment
The Interconnection Customer wil intall tranformer configuations that are
Grounded WY on the high side and wil limit the contrbution of ground fault
current to 20 amps or less at the Interconnection Point.
1.4.3 Easements
The Interconnection Customer will secure appropriate easements with the land owner
for the four-pole interconnection package. Idao Power will provide the
documentation.
Generator Output Limit 'Control
The Interconnection Customer will install 'equipment to receive signals from 'Idaho
Power Grid Operations for Generation Output Limit Control ("GOLC") - see Section
3 Operating Requirements.
1.4.5 Local Service
The Interconnection Customer is responsible to arge for local serice to. their site,
as necessar.
2
1.5 Idaho Power Company~s Interconnection Facilties
Idaho Power wil install a stadard generation interconnection package thatwil connect to
distrbution' feeder SCSU-041. 'If the Jnterconnectioncustomer is going underground to
the
Interconnection Point, Idaho Power, will include a pole riser 'for' the Generator to installcables to interconnect to the Idaho Power system. If the interconnection customer is going
overhead to the Interconnection Point, it will beat a tension not to exceed the design tension
specified by Idaho Power.
The new interconnection package will include four distrbution poles to mount a local service
tranfonner, solid blade disconnects, primary meterig package, recloser, relays, fues and
riser necessar for the package. The interconnection wil be controlled by a SEL-311 C
protection relay. The relay will be located in a pole mounted enclosure and wil also contain
a test switch (TS4), SLSS, dialup modem, 202 modem, isolation interace, power supply, DC
convertr, control switch and surge protector.
Facilty Estimated Cost:
The following good faith estimates are provided in 2012 dollars:
Overhead Generation Inteconnection Package
See Section6for the Project Grand Totll
TBD
18 Months after Constrction
Funds Received by IPCO
2 Weeks after IPCO Constrction IPCO Commissioning Complete
Complete
Constrction Funds Received by ¡PCO
¡PCO ,Constrction Complete
TBD by seller Commercial Operation Date
BLM permtting and trbal consultation issues are outside the imediate control of
Idaho Power and 'carinfluence the Commercial Operation Date.
3. Operating Requirements
The project is required to comply with the applicable Voltage and Curent Distortion Limits found iii
IEEE Standard 519-1992 IEEE Recommended Practices and requirementsfor harmonic Control in
Electrical Power Systems or any subsequent stadards as they may be updated from time to time.
Voltage flicker at stap and dUrng operation must be limited to less than 5% as measured at thePoint of Interconnection.
Murhy Flats Projectwil be subject to reductions directed by Idaho Power Grid Operations during
tranmission system contingencies and other, reliabilty events. When these conditions occur, theProject wil be subject to Generator Ottput Limt Control ("GOLC")and wil have equipment
capable of receiving an analog setpoint via DNP 3.0 from Idao Power for GOLC. GeneratorOutput Limit Control will be a setpoint from Idao Power to the Project indicatig maximum output
allowed.
The Project must be capable of riding thouglifaults on adjacent section of the power system without
tiipping due to low voltage. It has been determined, though study, that the Project must be capable
of remaining interconnected for any single phase voltage as low as 0.7 PU for 30 cycles, and for all
thee phase voltages as low as 0.8 PU for 30 cycles.
Interconnection Customer wil be able to modify power plant facilities on the Interconnection"
Customer side of the Point of Interconnection with no impact upon the operation of the transmission
or distrbution system whenever the generation facilties are electrcally isolated from the system via
. the X disconnect switch and a temial clearce is issued by Idao Power Company's Grid
Operator.
4.Reactive Power
Murhy Flats Project should be controlled to operate as a VARneutrl system with a :l 300 kVAR
operating band.
5.Upgrades
5.1 Distribution Upgrades
Idao Power wil rebuild approximately 9 miles of existig distrbutioii feeder to the project site.
The feeder conductor. size will be upgrded to 795 ACSR. Approximately half of the upgradedsection will be rebuilt from12.5kVto 34.5kV.
This route wil require a permit from', the BLM. Idao Power',will prepare a BLMGrt
Application that wil require a Botanical Surey, a Cultual Surey, an Environmental
Assessment (for NEPA compliance) and a General Wildlife Surey. Once the Environmenta
Assessment is complete, tribal consultation wil also be required, The tyical time frame for
BLM grant approval is a minimum of one year.
5.2", SubstationUpgrades
Idaho Power wil upgrade the SCADA system at Siner Creek' Substation 'and install a local
service transformer on the feeder side of the substation breaker for hot-line check.
Estimated Costs
The following good faith estimates are provided in 2012 dollars:
Upgrades to Distbution:
Upgraded 34.5kV Distrbution Feeder (9 miles of 795 ACSR)
BLM Perittn~ Studies/Sureys
IPC
IPC
TOTAL
$2,100,000
$40,000
$2,140,000
Substaon Upgrades:
SCADAUpgrde
Local Service Trasformer
Note Regarding Transmission Service:
Tramission system improvements and associated costs outside the scope of ths Generator
Interconnection Facilty Study Report maybe required for the delivery of energy from this project.
Generator interconnection service does notin any way convey tranmission rights nor determne other
trsmission system improvements to deliver your project energy to any specific customer or point of
deliver in our syste.
2/14/12 CableONEMail - Draft GIA Murphy Solar
ÇABLEONS".E K¡lß/:J- r BILL PISKE -=bllpiske~cableone.net:
Draft GIA Murphy Solar
Walker, Donovan -=DWalke~idahopower.com~ Thu, Feb 9,2012 at4:11 PM
To: Randy Hemmer c:randyhemmer~cleaiwre.net;:, BILL PISKE c:bilpiske~cableone.net;:, Ron
Willamsc:ron~willamsbradbury . com;:
ec: "Bauer, Rich" C:RBaue~idahopower.com;:, "Bishop, Rowena" C:RBishop~idahopower.com;:, "Allphin, Randy"
C:RAllphin~idahopower.com;:, "Loomis, Lisa" C:LLoomis~idahopowe.com;:, "Sloan, Aubrae"
c:ASloan~idahopower.com;:
Gentlemen,
PLEASE BE ADVISED:
.
The Milestone dates 'set forth in Attachment 3 of the enclosed Dra Generator Interconnection Agreement #35
("GIA") thatwas forwarded to you on Febrary 2, 2012, are not corect. Those dates start with ConstructionFunding by the project on March 1, 2012, and end with a Customer's In..eNceDate of October 30,2013.
Our most recentinformation fiom Idaho Power's En-.ronmental Pernitting personnel is thatthe BLM permitting
proess for this project, in and of itself, can be much longer than the entire timeline set fort above and in the
draft GIA forwarded to you on February 2, 2012. Idaho Power's current best estimate for the time require to
conduct the required en-.ronmental and cultural study work, for BLM to conduct the require EmAronmental
Assessment, and forBLM to ultmately issue a Record of Decision and possible ROW Grant is 24 months. In
addition, there will be at least six months of required construction time subsequent to a BLM ROW Grant.
Also, as we have discussed on several occasions, there is no guarantee as to the timing ofthe BLM perittingprocess. It could be shorter - or it could be longer - than what Idaho Powes best estimate is. Additionally, there
is no guarantee that BLM will grant the ROW request at all, and it could ultimately be rejected or denied.
I apoogize for any inconvenience that inclusion of the incorrct Milestone dates in this Draft GlA,may have.
Idaho Power will re-.se the Milestone dates contained in Attachment 3to the Draft GIA, and send you a newdraft as soon as possible.
Sincerely,
Donovan E. Walker
Lead Counsel
Idaho Power Company
208-8-317
--riginal Message-
From: Bishop, Rowena
Sent: Thursday, February 02, 20122:16 PM
To: Randy Hemmer
Cc:"Ronald Willams; Walker, Donovan; 'BILL PISKE'; Bauer, Rich; Loomis, ,Lisa; Sloan, AubraeSubject: Draft GIA Muiphy Solar
¡:limail.google.colalcableone.netl?Ui=2&ik=03ffcf99&view=pt&search=inbox&msg=1356462d7...
112
E'I/¡¿/r -' J WILLIAlVfS -BRADBURY
ATTORNEYS AT LAW
December 21, 201 1
HAND DELIVERED
Donovan Walker
Counsel
Idaho Power Company
POBox 70
Boise.. ID 83707
Re: Interconnect Solar Development - Notice of
Event of Force Majeure
De Donovan:
Interconnect Solar Development LLC ("Interconnect Solar" or "ISD") hereby invokes
the provisions of Article XI of the Fir Energy Sales Agreement ("FEA") between Idaho
Power Company and lSD, dated May 11,2011, for
the reaons outlined above, and for thelimited durtion of time required which is necssa to resolve the Force Majeure event.
1. The Force Majeure Event. The Force Majeure event being claimed is the
cardinal change in the route, expense and time-frame, yet unown related to the BLM's
unwaanted and unexpected decision to deny Idao Power the right to interconnect the ISD
solar project ("Project") along the route tht wa assumed available (the "Assumed Route") inthe initial Feasibilty Study, the final Facility Study and the Generation Interconnection
Agreement ("GIA").
On December 23, 2010, Idao Power presented ISD with a completed Facility Study
and Cost Estimate for interconnecting the ISD Project to the Sinker Creek substation. (See
Attchment 1) The estimated cost of interconnection wa $ 1.245 milion. A map of the
Assumed Route for the Facilty Study was provided to ISD by Idao Power on December 27,
2010. (See Attchment 2) Idao Power provided a GIA to Interconnect Solar on May 9, 2011
that confirmed the good faith estimate of $ 1 .245 millon for interconnecting the ISD Project
using the Assumed Route. (See Attchment 3)
In November, 2011, ISD learned that the BLM had notified Idao Power th the
Assumed Route was not acceptable and that electrcal interconnection of the ISD Project
would need to follow an alterntive route (the "Alterntive Route") along public rights-of-
1015 W. Hays Street- Boise, ID 83702
Phone: [phone] - Fax: 20s.344-o077 - ww.wiliabrdbur.com
Donovan Walker, Attorney
Page 2
Decmber 21,2011
way. Idaho Power and ISD met on Friday, December 1,2011 to
discuss this cardinal changein interconnection routing, costs, and schedule.
At the December 1, 2011 meeting, Idaho Power advised ISD that the Alternative
Route would likely be signficantly more expensive (possibly, trple) than the costs containedin the 'GIA. Interconnect'Solar requested tht Idao Power immedately provide a revised
Facilities Study and GlA for the Project. In addition, ISD explained to Idao Power tht
without revised cost estiates and a revised GIA, financing for the Project was suspended.
The debt/equity investors in the Project refused to close
consction finacing, with"unown" interconnection costs and schedules stil outstanding. As is stadard in the
industr, fuds to l'st Delay Security pursuat to paragraph 5.8 of the FESA were to be
released at time of constrction finacing.
At the December 1, 2011 meeting, Idao Power also estimated it"mightbe able
provide a revised Facility Study and GlA withn approximately two weeks. The revised
Facilties Study and GIA have yet to be provided by Idao Power to ISD. Until such time as
Idaho Power provides a revised Facilty Study and a revised GIA, and ISD has time to reat
and revise its closing documentsand.re-instate finacial commtments, ISD is unable
to postDelay Securty, as required by theFESA
2. Basis for Claiming Force Majeure. Arcle XI allows for either Par to
claim a Force Maeure event for "any cause"c which is, "beyond the control" of either part,
which "despite the exercise of due diligence" neither Part is "unable to prevent or
overcome. "
Both Idaho Power and ISDacted dilgently and reaonably, and for more th a year,
in believing tht the application by Idaho Power to the BLM for installation of the Project'selectrical interconnection along the Assumed Route would be processed and approved by the
BLM, "But for" this notification by BLMthat the Assumed Route was uncceptable,
Interconnect Solar would have closed construction financing in early December, 2011, and
posted Delay Securty on or before December 12, 2011. Interconnect Solar has been
rendered unable to perform its obligation to post Delay Securty as a result ofBLM's rejection
of the Assumed Route, and by Idao Power's failure to timely react to that rejection and
provide a revised Facility Study and GIAprior to December 12,2011. As the Force Majeure
event occured prior to December 12, 2011, it suspended the obligation of ISD to post Delay
Security as of tht date.
3. Suspension Period. The Force Majeure suspension of FESA is to be "of no
greater scope' and no longer duration th required by theF orce Majeure Event." Interconnect
Solar believes it will nee a short but reasonable time frame in which to reat to the new and
likely higher cost estimates to be contained in the revised Facilties Study, to finalize the
GIA, to reactivate constrction financing, and to proceed to close construction financing.
Generally speakng, ISD expects this to tae two to four weeks, after presentation of the
. .
Depending on the constrction and study schedules estimated in the revised Facilty
Study, this ForoeMajeure Event may also require revisions to the Scheduled First Energy
Date and Scheduled Operation Date contained in the, FESA. Interconnect Solar reserves the
right, pursuant to ths letter noticing a Force Majeure Event, to also claim a Force Majeure
suspension related to those two contract dates, dependent on the' scheduling and estimated
time frames for studies and interconnection construction contaned in the revised Facilty
Study and GIA.
revised Facility Study to ISD by Idaho Power. Holiday schedules and available personnel, for
both Partes, may also infuence ths suspension time fre.
Please let me know if you 'would like to meet and discuss any of these, issues.
Sincerely,
Ronald L. Wiliam
Attorney for Interconnect Solar Development, LLC
RLW/jr
Enclosures
c/c Bill Piske
Randy Hemmer