20130221Replacement Pages 15-16 for Agreement.pdf

IDAHO
PIVER®
An IOACORP Company
inimI PH 15:L1
JULIA A. HILTON LUIJLLJ'
Corporate Counsel
jhilton(idahopower.com
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February 21, 2013
VIA HAND DELIVERY
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83702
Re: Case No. IPC-E-13-02
J.R. Simplot Company Energy Sales Agreement - Replacement Pages
15-16 for Agreement
Dear Ms. Jewell:
On February 20, 2013, in Case No. IPC-E-13-02, Idaho Power filed an
Application with the Idaho Public Utilities Commission ("Commission") for approval of
the Energy Sales Agreement ("ESA") between Idaho Power Company ("Idaho Power")
and the J.R. Simplot Company ("Simplot") under which Idaho Power will purchase
electric energy generated by the Simplot-Pocatello cogeneration plant near Pocatello,
Idaho.
Idaho Power discovered a clerical error on pages 15-16 of the ESA. Subsection
(c) of Section 12.2.1 should appear on a new line to mirror the other subsections. This
formatting error altered the first few lines of the following page. To correct these clerical
errors and prevent any potential confusion, Idaho Power seeks to replace pages 15 and
16 with the enclosed pages. Idaho Power has spoken with Commission Staff and
Simplot about this issue and has sent Simplot replacement pages for its final version of
the ESA.
Enclosed please find an original and seven (7) copies of the replacement pages
15-16 for the ESA between Idaho Power and Simplot. Please contact me if you have
any comments, questions, or concerns.
Sincerely,
Julia A. Hilton
JAH:csb
Enclosures
cc: Simplot Corporate Secretary (w/encl.)
Peter J. Richardson (w/encl.)
1221 W. Idaho St. (83702)
P.O. Box 70
Boise, ID 83707
10.2 Telemetry - In accordance with the GIA and this Agreement, Idaho Power will install, operate
and maintain at Seller's expense communications and telemetry equipment which will be capable
of providing Idaho Power with continuous instantaneous telemetry of Seller's Net Energy and
Inadvertent Energy produced and delivered to the Idaho Power Point of Delivery to Idaho
Power's Designated Dispatch Facility.
ARTICLE XI- RECORDS
11.1 Maintenance of Records - Seller shall maintain at the Facility or such other location mutually
acceptable to the Parties adequate total generation, Net Energy, Station Use, Inadvertent Energy
and maximum generation (kW) records in a form and content acceptable to Idaho Power.
11.2 Inspection - Either Party, after reasonable notice to the other Party, shall have the right, during
normal business hours, to inspect and audit any or all generation, Net Energy, Station Use,
Inadvertent Energy and maximum generation (kW) records pertaining to the Seller's Facility.
ARTICLE XII: OPERATIONS
12.1 Communications - Idaho Power and the Seller shall maintain appropriate operating
communications through Idaho Power's Designated Dispatch Facility in accordance with the
GIA.
12.2 Acceptance of Energy -
12.2.1 Idaho Power shall be excused from accepting and paying for Net Energy or accepting
Inadvertent Energy which would have otherwise been produced by the Facility and
delivered by the Seller to the Point of Delivery:
a.)If energy deliveries are interrupted due an event of Force Majeure or
Forced Outage.
b.)If interruption of energy deliveries is allowed by Section 210 of the
Public Utility Regulatory Policies Act of 1978 and 18 CFR §292.304.
C.) If temporary disconnection and/or interruption of energy deliveries is in
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accordance with Schedule 72 or other provisions as specified within the
GIA.
d.) If Idaho Power determines that curtailment, interruption or reduction of
Net Energy or Inadvertent Energy deliveries is necessary because of line
construction, electrical system maintenance requirements, emergencies,
electrical system operating conditions, electrical system reliability
emergencies on its system, or as otherwise required by Prudent Electrical
Practices.
12.2.2 If, in the reasonable opinion of Idaho Power, Seller's operation of the Facility or
Interconnection Facilities is unsafe or may otherwise adversely affect Idaho Power's
equipment, personnel or service to its customers, Idaho Power may temporarily
disconnect the Facility from Idaho Power's transmission/distribution system as specified
within the GIA or Schedule 72 or take such other reasonable steps as Idaho Power deems
appropriate.
12.2.3 Under no circumstances will the Seller deliver energy from the Facility to the Point of
Delivery in an amount that exceeds the Maximum Capacity Amount at any moment in
time. Seller's failure to limit deliveries to the Maximum Capacity Amount will be a
Material Breach of this Agreement.
12.2.4 If Idaho Power is unable to accept the energy from this Facility and is not excused from
accepting the Facility's energy, Idaho Power's damages shall be limited to only the value
of the estimated energy that Idaho Power was unable to accept valued at the applicable
energy prices specified in Appendix D. Idaho Power will have no responsibility to pay
for any other costs, lost revenue or consequential damages the Facility may incur.
12.3 Seller Declared Suspension of Energy Deliveries
12.3.1 If the Seller's Facility experiences a Forced Outage that is not caused by an event of
Force Majeure, Seller may, after giving notice as provided in paragraph 12.3.2 below,
temporarily suspend all deliveries of Net Energy to Idaho Power from the Facility or
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