20130805Response and Exhibits 1-18.pdf

Peter J. Richardson (lSB # 3195)
Gregory M. Adams (lSB # 7454)
Richardson Adams, PLLC
515 N.27ft Street
P.O. Box 7218
Boise, Idaho 83702
Telephone: [phone] I
Fax: [phone]
[e-mail]
greg@ richardsonadams. com
Attorneys for Complainant
GRAND VIEW PV SOLAR TWO, LLC,
Complainant,
VS.
IDAHO POWER COMPANY )
Respondent.
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
Case No. IPC-E-I1-15
GRAND VIEW SOLAR PV TWO,
LLC's RESPONSE TO ORDER NO.
32861
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INTRODUCTION
The ldaho Public Utilities Commission ("Commission") issued Order No. 32861 in the
above captioned matter on July 29,2013. In the final paragraph of that Order, the Commission
issued the following directive to Grand View PV Solar Two, LLC ("Grand View"):
[]f Grand View has evidence that it created a legally enforceable obligation without
conditions, then it may present such evidence to the Commission within seven days of the
date of this order.l
Grand View herein provides the requested evidence that it created a legally enforceable
obligation no later than August 2,2011.
' Order No. 32861 at p. 22.
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I THE COMMISSION'S "CLARIFICATION" FAILED TO RESOLVE THE ISSUE
2 From the outset, this docket was about whether it was reasonable for ldaho Power to
3 insist on an illegal clause in the draft contract that memorialized a legally enforceable obligation
4 ("LEO") that Grand View had separately created in the summer of 201 l. The existence of the
5 LEO is assumed and, indeed, is the very foundation of Grand View's August 2,201l, complaint
6 initiating this docket. Paragraphs five and six of the complaint assert:
7 5. Grand View PV Solar Two, LLC, has been actively engaged in the development8 of a solar electric generating project near to Grand View, Idaho that is designed to9 generate 20 MW of nameplate capacity.
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I I 6. Grand View PV Soar Two, LLC, has made substantial investments2 in12 development of the project. The project is mature and entitled to obligate itself to a long-
13 term PPA for a PURPA QF pursuant to Idaho Power's IRP calculated avoided cost rates.3
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l5 Paragraphs thirteen and fourteen of the complaint assert:
l6 13. Grand View Solar Two seeks a contract in which REC ownership is disclaimed
17 by Idaho Power.
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19 14. Idaho Power has offered Grand View PV Solar Two with altemative language for20 the Commission's consideration to the effect that the REC ownership question will be
2l determined subsequent to the execution of the agreement pursuant to future law and/or
22 regulatory edict.a
2324 ldaho Power admitted, in its Answer, that the parties had agreed to all terms and
25 conditions of the contract that memorialized the LEO except for the question of REC ownership:
26 14. Idaho Power both admits and denies portions of paragraph 14. Idaho Power27 admits that it proposed language for the PURPA contract stating:
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Under this Agreement, ownership of Green Tags and Renewable Energy
Certificates (RECs), or the equivalent environmental attributes, directly associated
with the production of energy from the Seller's Facility sold to ldaho Power will
be governed by any and all applicable Federal or State laws and/or any regulatory
body or agency deemed to have authority to regulate these Environmental
Attributes or to implement Federal and/or State laws regarding the same.
2 Later in this Response Grand View will provide evidence of those investments.
3 Formal Complaint of Grand View PV Solar Two, LLC at p. 3 (August 2,2}ll)..
o Id. at p. 4.
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Idaho Power admits that it agreed to Grand View's request to submit a signed contract for
the Commission's review containing the proposed language cited above - to which ldaho
Power would seek Commission approval, and to which Grand View would seek
Commission rejection of, and Grand View would advocate that the contract remain silent
as to REC ownership - and that the parties would accept the Commission determination
approving or rejecting the language in the signed contract. Upon Idaho Power's
agreement to this proposal by Grand View to submit the issue to the Commission in a
Except for resolving the question of how, or whether, to address REC ownership in the contract,
that was designed to memorialize the previously created LEO, the contract was complete as to
every essentialelement. Price was known and agreed upon. Term was known and agreed upon.
The parties were known and possessed the requisite legal authority to enter into the contract
memorializing the previously created LEO.
RECs were, at the time of the LEO creation, not a part of this Commission's PURPA
implementation rules, orders or requirements. In fact, at the time of negotiations and creation of
Grand View's LEO, the existing Commission order on the subject expressly declared that Idaho
utilities may not condition the federally mandated purchase of QF power on a right of first
refusal to also btty the QF's RECs.6 In August 201l, the Commission's existing rule that Idaho
Power may not condition its federally mandated purchase of QF power on a right offirst refusal
to also buy the QF's RECs fully supported Grand View's complaint that ldaho Power many not
condition the LEO on a contract reopener regarding RECs.
However, resolution of the REC ownership issue was not an essential element of the
contract. The Commission acknowledged as much in its order on clarification:
' Idaho Power Answer at pp. 6 - 7. Emphasis provided. This language is found at Section 8.1 of the proffered
contract.
6 See Order No. 29480 at 15 - 17.
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Grand View filed this Complaint.
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The Commission also observed that 'RECs exist outside of the confines of PURPA.
PURPA thus does not address the ownership of RECs . . . States, in creating RECs, have
the power to determine who owns the RECs in the initial instance, and how they may be
sold or traded; it is not an issue controlled by PURPA.'7
When, in the summer of 201 1 , Grand View created its LEO, the Commission had not spoken on
the question of REC ownership - other than to state that a LEO may not be forestalled by a
utility's demand for a right of first refusalto purchase the RECs. It was not until December
201l, well after the creation of the Grand View/ldaho Power LEO, that the Commission relied
upon PURPA to assert jurisdiction over REC ownership in its generic PURPA docket in Order
No.32697.8
In its generic PURPA docket order (issued in December 201 I ) the Commission decided
that RECs for a solar project like Grand View with a capacity in excess of 100 kW should be
split evenly between the utility and the QF. Grand View Solar has a capacity in excess of 100
kW. Relying on its December 201 I decision, the Commission's instant order on clarification
provides:
Consequently, we find that $ 8.1 should be amended to reflect the ownership of RECs
will be split 50/50 between the parties . . .We further find the phrase "at the time the
contract is executed and approved" should be deleted from our prior Order No.
32580...We clarify that $ 8.1 is to be amended to divide REC ownership between Grand
View and Idaho Power.
Because the Commission's REC decision in the generic PURPA docket was issued well after the
LEO was created in the summer of 201 l, the Commission's clarification cannot resolve Grand
View's dispute with ldaho Power. Rather the Commission must look to its PURPA
implementation regimen at the time the LEO was created.
'O.de. No. 32861 ap.4 - 5. Emphasis in original. Citations omitted.
8 Case No. GNR-E-l l-03 at p. 46.
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I THE REC OWNERSHIP ISSUE IS A DISTRACTION FROM
2 THE REAL ISSUE AT HAND
3 As the Commission observes, Grand View and Idaho Power had not come to an
4 agreement as to ownership of RECs. However REC ownership is a red herring and a mere
5 distraction from the real issue at hand, to wit: did Grand View obligate itself to sell its electrical
6 output to ldaho Power in the summer of 201 l? At the time of the creation of the LEO neither the
7 Commission nor the state legislature had addressed the question of REC ownership. No statute
8 or policy was in place, except that Idaho Power could not condition Grand View's LEO on an
9 agreement to grant ldaho Power a right of first refusal to purchase the RECs. Moreover, this
l0 Commission has recognized that PURPA does not create RECs, and that ownership of RECs
I I must be found in state law. In the absence of state law or policy in effect in August 2011,
12 establishing a 50/50 split of RECs, Idaho Power's insistence on REC ownership was completely
l3 outside the context of the creation of a LEO under PURPA. Everything necessary for the parties
14 to go forward and conduct their affairs for the next twenty years was in place, known and
l5 memorialized in the contract.
16 It should be underscored that REC ownership is unrelated to the price in the PPA. The
17 price, while an essential element to the contract, is set by the Commission and compensates the
l8 QF only for capacity and energy. Idaho utilities must pay QFs full avoided cost for their energy
l9 and capacity,e and avoided cost rates do not include payment for RECs.l0 It is true, as the
20 Commission pointed out, that Mr. Paul stated in his affidavit ldaho Power's REC reopener
e See 16 U.S.C. $ 82aa-3(d); Amer. Paper Institute, Inc.v. Amer. Elect. PowerServ. Corp.,46l U.S. 402,417-18
(r e83).
to Morgantown Energt Assoc., 139 FERC fl 61,066 at47 (2012) order deny'g recon. 140 FERC fl 61,233 (2012);
Amer. Ref-FuelCo., 105 FERC6l,004(2003), reh'gdenied, l07FERC6l,0l6 (2004), dismissedsubnom.for
lack ofjurisdiction, Excel Energr Services v. FERC, 407 F.3d 1242 (D.C. Cir. 2005).
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o'compromisesll Grand View's ability to raise the capital necessary to build and operate the
project"l2 - likely even more so than a clause merely granting Idaho Power a right of first refusal
to purchase the RECs. Yet Mr. Paul did not say that the lack of REC's would be fatal to the
project. To be sure the loss of an ancillary income stream would affect any project, but would
not necessarily make the project non-viable. Indeed, Grand View's subsequent actions belie any
assertion that it was not taking its obligation to deliver to Idaho Power seriously. Those actions
are detailed herein in a later section. Idaho Power's insistence on REC language objectionable to
Grand View may have made it more difficult for Grand View to secure financing; however at no
time did Grand View assert that it would not fulfill its obligation to provide the power it had
committed to provide under the agreed upon term.
The Commission infers that Grand View's offer was conditional upon resolution of REC
ownership. However, nothing in the record supports that inference. At no time did Grand View
state that it was conditioning or would condition its LEO upon the resolution of the REC issue.
The REC issue was entirely separate from the utility's obligation to purchase the QF output
under a LEO, and oll non-REC issues were mutuolly agreed to by the parties. Grand View did
assert its position, at the time the LEO was created, that RECs were the property of the QF.
Thus, Grand View created a legally enforceable, non-conditional, obligation that clearly meets
the standards set forth in the Commission's order:
Our finding that the offer was conditional and not a binding offer is supported by several
Idaho Supreme Court cases. ln A.W. Brown v. Idaho Power Company, our Supreme
Court examined a claim made by a QF that it had perfected a LEO and was entitled to
prior avoided cost rates. [citation omitted] In discussing, the necessary criteria for a
LEO, the Court state that the QF oomust show that but for the actions of the utility it was
otherwise entitled to a contract [or LEO]."
1l The word compromise is defined as "depreciative". Webster's Il New Riverside Dictionary Riverside Publishing
Company (1984). Depreciative is the context in which Mr. Paul's use the word by any reading of the language.
'' Order No. 32861 at PP 3-4.
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I Hence the record shows that, but for Idaho Power's insistence on including a provision regarding
2 REC ownership, Grand View would have signed an enforceable contract, that memorialized the
3 LEO it had created. But at the time of the creation of the LEO, there were no Idaho RECs and
4 there was no Idaho policy on RECs other than the policy that RECs could not be used to frustrate
5 a QFs right to enter into a contract. And Idaho Power had no authority to insist on a right of first
6 refusalto purchase RECs - let alone outright ownership of RECs. Thus, but for ldaho Power's
7 extra-legal insistence that Grand View relinquish half ownership of the RECs, Grand View and
8 ldaho Power would have executed the contract attached to Grand View's complaint. Idaho
9 Power held up the execution of the contract on an irrelevant (to PURPA) issue, but the LEO was
l0 created despite the utility's intransigence. Idaho Power had no right to insist on a provision
I I regarding REC ownership because at the time, there was no state-sanctioned entitlement to RECs
12 as a pre-condition to a PURPA created LEOI3. As this Commission observed in its order on
l3 clarification in this case, "The parties agreed and the Commission found that no ldaho law
14 specifically addresses the ownership of RECs."ra
l5 The dispute over REC ownership assumed the existence of a legally enforceable
l6 obligation. In other words, there would have been no dispute over REC ownership if Grand
17 View was of the opinion that it was not obligated to sell its output to ldaho Power under the fully
l8 negotiated and agreed-to terms (RECs excepted) in the contract Idaho Power tendered to Grand
19 View for signature. Order 32861further states:
20 In that case [generic PURPA docket], the Commission found it was reasonable to equally
21 apportion REC ownership between the QF and the utility for solar projects larger than
22 100 kW, like the Grand View project here. [citation omitted] No party, including Grand23 View, sought judicialreview of that decision. Having decided the disputed issue of REC
'3 Grand View does not intend to concede or suggest that conditioning a LEO on issues related to RECs is legal
today even with the benefit of the Commission's order.
'' O.de. No. 32861 at p. l.
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ownership in the PURPA investigation in Order No. 32697 (Dec. 18,2012, and affirmed
in Order No. 32802 (May 6, z}l3),this issue is now decided.rs
At all relevant times in which Grand View asserts it created a LEO, the issue was NOT decided.
There was no direction from the Commission on the question of REC ownership and ldaho
Power could not rely on any Commission precedent or state law to support its insistence on REC
ownership. Idaho Power was well aware that the Commission's PURPA docket was proceeding
during the summer of 201 l. But the creation of a LEO was not dependent on the eventual, and
uncertain, outcome of the generic PURPA docket. The creation of a LEO was dependent on the
rules and policies in effect at the time. PURPA does not condition the creation of a LEO on the
utility's whimsical approach to contract negotiation. PURPA vests the unilateral right in the QF
to obligate the utility (and itself) to a legally enforceable obligation to sell (on the QF's part) and
to buy (on the utility's part) at avoided cost rates.
APPLYING A NEW REC POLICY TO GRAND VIEW
WOULD BE AN ILLEGAL RETROACTIVE AGENCY ACTION THAT WOULD
IMPAIR GRAND VIEW,S CONTRACT RIGHTS AND DEPRIVE IT OF DUE PROCESS
The Commission's initial policy statement apportioning RECs equally between the utility
and the QF in Order No. 32697 is, in fact, a policy statement written on a blank page. Prior to
the Commission's issuance of Order No. 32697 there was nothing - either in statute,
administrative rule, or other state policy - to clarify.l6
The United State Supreme Court instructs:
[T]he presumption against retroactive legislation is deeply rooted in our jurisprudence,
and embodies a legal doctrine centuries older than our Republic. Elementary
considerations of fairness dictate that individuals should have an opportunity to know
what the law is and to conform their conduct accordingly; settled expectations should not
'' Id. at p. lo.
16 With the sole exception found in the Commission's standing order that Idaho Power could not condition a contract
on Idaho Power's right of first refusal to purchase the QFs RECs.
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be lightly disrupted. For that reason, the "principle that the legal effect of conduct should
ordinarily be assessed under the law that existed when the conduct took place has
timeless and universal appeal.lT
In implementing Federal law, agencies are prohibited from engaging in retroactive rulemaking
unless that authority is expressly authorized by statute.ls Here, PURPA makes no allowance for
retroactive implementation and doing so violates fundamental due process protections.
To retroactively apply the Commission's initial policy statement (Order No. 32697) in its
order on clarification (Order No. 32861) to the dispute between Grand View and ldaho Power
violates both Article I, Section l0 of the United States Constitution and Article I, Section l6 of
the Idaho Constitution because it impairs a valid legal obligation that existed prior to both the
initial policy statement and the order on clarification.
Article I Section l6 of the ldaho Constitution provides:
No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall
ever be passed.le
Article I, Section 10 of the United States Constitution provides, in part:
No state shall....pass any Bill of Attainder, ex post facto Law, or Law impairing the
Obligation of Contracts2o
The above referenced sections from the United States' and ldaho's Constitutions prohibit the
impairment of contractual obligations. Under PURPA however, a LEO created by a QF is no
less binding on a utility than a standard commercial contract between the utility and a third party
vendor or a ratepayer. Therefore, the same public policy underlying these constitutional
protections should apply to protect a LEO from the impairment of its LEO with the utility.
t1 Landgraf v. |JSI Film Products,5l I U.S. 244,265,114 S. Ct.ts See Bowen v. Georgetown University Hosp. 488 U.S. 204, 208,
re Emphasis provided.
20 Emphasis provided.
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1483 (1994)
109 s. ct.469 (1988)
I When deciding challenges under Article I, Section l6 of the Idaho Constitution, "ldaho
2 courts should apply federalanalytical principles when deciding challenges under article I, S l6 of the
3 ldaho Constitution because the state constitution is not more protective of contracts than the federal
4 constitution."2l The ldaho Supreme Court has long recognized the police power exception to the
5 contracts clause in the context of regulating labor contracts and public utilities. The rationale is that
6 public utilities affect "the public interest and the private rights ofcontracts in relation thereto are
7 subjected to the valid exercise of the police power by the legislature."Zz As applied to public utilities,
8 "The Court reiterated this exceptionin Agricultural Products Corporation v. Utah Power & Light
9 Company, holding that the state's regulation of utility rates pursuant to its police power including
l0 statutory alteration of rate set by private contracts, was 'not a violation of the constitutional
I I prohibition against impairment of contractual obligations.' 98 Idaho 23,29,557 P.2d 617 (1976).- 23
12 In CDA Dairy Queen, however, the ldaho Supreme Court went on to explain that "Of course,
l3 the police power is not unlimited, and the state may not interfere with a utility contract unless it finds
14 that the rate 'is so low as to adversely affect the public interest-as where it might impair the financial
1 5 ability of the public utility to continue its service, cast upon other consumers an excessive burden, or
l6 be unduly discriminatory.""o
17 In the Agricultural Products case cited above, the Commission was engaged in its police
l8 power function in setting retail rates for a regulated utility. Here the Commission is not setting
19 rates and is not engaged in its police power role in protecting the utility from rates so low as to
20 be confiscatory.
2l The Federal framework for determining whether a legislative act violates the contracts
22 clause is a three-step analysis: ( I ) Has the challenged legislative enactment operated as a
2' CDA Dairy Queen, Inc. and Discovery Centre, LLC of Salmon v. State Insurance Fund ldaho Supreme Court
Opinion No. 44, April 9, 2013, P 3.
" 1d. at FN l.
23 Id. atP 7.
'o Id
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substantial impairment of a contractual relationship? (2) If so, does the act serve "an important
public purpose" (also referred to as a 'osignificant and legitimate public purpose");25 and (3) If so,
is the act "reasonable and necessary to advance that purpose?"26 Regarding the first step,
If a court determines that a legislative act has impaired a contract, it must then decide
whether the impairment is substantial. In making this determination, courts consider
several facts, such as whether the impairment eliminates an important contractual right,
defeats an expectation of the parties, or creates a significant financial hardship for one
party.
Here the Idaho Commission's policy of retroactively reaching back to the time Grand View
created its LEO to take one half of its RECs and give them to ldaho Power without compensation
meet all of the factors for a determination that the impairment is substantial. It eliminated the
contractual right for Grand View to selljust the capacity and energy from its project to Idaho
Power and nothing more. It defeated the expectation of Grand View that it owned and could
market the RECs it creates by operating the project and it does create a significant financial
hardship for Grand View as evidenced by Mr. Paul's affidavit quoted in the clarification order.
Clearly the first step is satisfied by eliminating Grand View's contract right, defeating its
legitimate expectations and creating a significant financial hardship.
The second step of the contract impairment test requires an analysis of whether the
Commission's retro-active 'clarification' "serves 'an important public purpose,' and whether the
act is 'reasonable and necessary' to advance that purpose."27 No public purpose, let alone an
o'important" public purpose can be served by the Commission's order on 'clarification.' The
order only affects one entity, Grand View Two. The forward looking policy order in the
Commission's PURPA docket is not at issue. The clarification order is private in application, it
25 Id atP ro.
'u Id2' Id. atP lo.
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serves no public purpose other than to punish a sole actor seeking to avail itself of its rights
under PURPA. Because the Commission's decision serves no public purpose it unnecessary to
proceed to the third step in the analysis and examine whether it is o'reasonable and necessary" to
advance a public purpose.
Cleary, the REC dispute was a distraction unresolved as of the time Grand View initiated
this docket via a complaint in August 2011. But REC ownership did not need to be resolved in
order for Grand View to create a legally enforceable obligation. FERC's ruling on this topic is
instructive, and controlling:
[T]he phrase legally enforceable obligation is broader than simply a contract between an
electric utility and a QF and that the phrase is used to prevent an electric utility from
avoiding its PURPA obligations by refusing to sign a contract, or as her from delaying
the signing of a contract, so that a later and lower avoided cost is applicable. We further
find that Idaho PUC's June 8 Order ignores the fact that a legally enforceable obligation
may be incurred before the formal memorialization of a contract to writing.28
FERC further observed that:
Courts have recognizedthat negotiations regarding terms that parties to the negotiations
intend to become a finalized or written contract, may in some circumstances result in
legally enforceable obligations on those parties notwithstanding the absence of a
writing.2e
By insisting on a term that it knew was objectionable to the QF, and that was not required by
then existing law, Idaho Power was actively preventing the parties from executing the contract.
But ldaho Power cannot use its delaying tactics to boot strap its argument that no LEO was
unilaterally formed by Grand View.
FERC made explicit that a LEO is not dependent upon resolution of issues not contained
in its PURPA rules:
" Cedq, Creek Wind, LLC, 137 FERC fl 61,006 , at P l5 (201l).
'n ld. atFN 62.
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ln JD Wind 1, the Texas PUC refused to find that a legally enforceable obligation existed
because, in its view, the QF was unable to provide "firm" power. The Commission
disagreed with the Texas PUC and explained that the Commission's PURPA regulations
do not contain any reference to "firm" power, and that Texas PUC's reliance on certain
language in the regulatory text was incorrect. Similarly, Idaho PUC requires that a
legally enforceable obligation can result from only a fully-executed contract. Like the
requirement that a QF must provide '6firm" power, the requirement of a fully-executed
contract is absent from the Commission's regulations.'o
Just as FERC's regulations do not contain any reference to "firm" power they do not contain any
reference to REC ownership, and just as the requirement of a fully-executed contract is absent
from FERC's regulations, so is any reference to REC ownership. As emphasized above, the
Idaho PUC had not asserted jurisdiction over RECs at the time Grand View created its LEO.3I
Evidence of Grand View's sincere belief that ldaho Power had no claim to the REC is the
fact that Grand View had initiated the process to actually sell the RECs generated by the project.
In July of 201l, Grand View executed Western Renewable Energy Generation Information
System ("WREGIS") Account Holder Agreement and paid the requisite fees in order to register
with WREGIS. WREGIS registration is a necessary perquisite to actively marketing RECs in
the Western United States for compliance with most states' RPS standards. Attached as Exhibit
No. I is a copy of the registration agreement and the payment remitted to register.
That Grand View's registration was accepted and is complete is evidenced by Exhibit No.
2 showing apage from WREGIS' "Active Account Holders" web site. Grand View is identified
as WREGIS account holder No. 612. So Grand View not only believed it owned the RECs, it
acted on that belief.
Also in July of 201l, Grand View applied for pre-certification to sell its RECs into the
California REC markets. Attached as Exhibit No. 3 is a copy of the certification by the
'o Id. atP 16.
3r Whether ldaho's unilateral assertion ofjurisdiction over REC ownership is tenable is not at issue here and even if
it were tenable the decision may not be applied retroactively.
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I California Energy Commission ("CEC") that Grand View is pre-certified to participate in the
2 market created by the California Renewable Portfolio Standard. Certificate No. 61595C was
3 issued by the CEC in November, 2011.
4 GRAND VIEW HAS COMMENCED CONSTRUCTION AND CONTINUES TO ACTIVELY
5 ADVANCED THE PROJECT TN SPITE OF IDAHO POWER'S REFUSAL TO CEDE RECS
6 DEMONSTRATING THAT IT KNEW IT WAS OBLIGATED UNDER THE LEO
7 Of all the QFs that have come before this Commission seeking a LEO determination or to
8 be grandfathered, Grand View PV Solar Two, LLC is surely one of the most advanced.
9 Grand View is a self-certified QF under FERC Docket No. QFI l-405. Grand View first
l0 requested a power purchase agreement from ldaho Power in March of 2010. In June of that year
I I it executed a twenty five year land lease for the site. In July 2012, Grand View executed an
12 extension of the land lease for another twenty five year term. A copy of the Memorandum of
l3 Amended and Restated Solar Park Lease Agreement is attached as Exhibit No. 4. Grand View
14 first obtained a conditional use permit ("CUP") to construct the site from Elmore County in
I 5 December of 20 I 0. A copy of the first CUP is attached as Exhibit No. 5, and also included in
l6 Exhibit No. 5 is an Elmore County Growth and Development Department letter clarifying the
17 legal description for the project. That CUP was due to expire in 2013, so Grand View applied
l8 for and obtained a second CUP from Elmore County in March of 2013. This action preserved
l9 Grand Views right to continue construction when the Commission determines that there is a LEO
20 between ldaho Power and Grand View. A copy of the second CUP is attached as Exhibit No. 6.
2l Grand View has commenced construction of the site and is now ready for the actual
22 installation of the electrical connection and panels. Attached as 7 are photographs showing the
23 site has been graded, surveyed and construction and service roads installed.
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In addition to construction of roads and grading the surface, the project conducted a soils
study in July of 201 l. A copy of the soils report and corrosivity letter from Shannon & Wilson,
Inc. are attached as Exhibit No. 8
The project has been engineered, designed and is literally ready for installation of the
solar panels. Attached as Exhibit No. 9 are engineering specifications and location maps of the
project.
THE INTERCONNECTION PROCESS IS COMPLETE
AND COMMISSION PRECEDENT ON GRANDFATHERING LEO'S
IS COMPELLING IN THIS CASE
As will be discussed, and documented, in detail below, the interconnection process for
the Grand View project is completed. All three stages of the process (feasibility study and
agreement, system impact study and agreement, and facility study and agreement) have been
completed and all fees associated with those stages of interconnection have been paid. The
status of Grand View's interconnection process is significant in the Commission's determination
of a LEO here because the Commission has relied on the status of the interconnection process in
past cases dealing with the creation of a LEO (entitlement to grandfathered rates).
In Order No. 3210432 the Commission made the following finding:
Idaho Power's Application concedes that Yellowstone had neither signed a contract to
purchase the QF generation on or before March 16,2010, nor had Yellowstone filed a
complaint alleging that Idaho Power acted unreasonably or in bad faith by not signing an
agreement before March l6 when the rates changed. However, Idaho Power maintains
that the Yellowstone Project is entitled to the Order No. 30744 rates because it satisfied
the following criteria:
a. Interconnection and Transmission
32 In the Matter of the Application of ldaho Power Company for Approval of a Firm Energt Sales Agreement with
Yellowstone Power, Inc. for the Sale and Purchase of Electric Energt, Case No. IPC-E-10-22, Order No. 321 04
(2010).
Page 15 - GRAND VIEW RESPONSE
I i. Filed an interconnection application; and
23 ii. Received and accepted an interconnection feasibility study report
4 for the project and paid any requested study deposits (or
5 established credit) for the next phase ofthe interconnection process
6 in accordance with Schedule 72; and
7
8 iii. Received confirmation from Idaho Power that transmission9 capacity is available for the project and/or received and acceptedl0 transmission capacity study results and cost estimates; andll
12 b. Power Purchase Agreement
l314 i. An agreement was materially complete prior to March 16,2010,15 and except for routine ldaho Power final processing, an agreement
16 would have been executed by both parties prior to March 16,2010.
17l8 It is undisputed that Yellowstone met all of the interconnection and transmission criteria19 listed above. Idaho Power asserts that, in addition, the Power Purchase agreement
20 was materially complete and lacked only routine Idaho Power final processing.33
2l
22 The Power Purchase Agreement criteria for grandfathering a LEO for Grand View is discussed at
23 length above. As will be shown below, Grand View's progress on the Interconnection and
24 Transmission requirements for a LEO creation is much farther along that Yellowstone's, where
25 the Commission was sufficiently satisfied with the progress to grandfather the LEO for that
26 project.
27 Grand View submitted its Small Generator Interconnection Request (SGIR"), with the
28 applicable fees, in March of 201 l. A copy of the SGIR is attached as Exhibit No. 10. On March
29 31,201I ldaho Power informed Grand View that it had o'receive all of the required materials"
30 and that "this application is now considered complete." See Exhibit No. I l. On May 19,2011,
3l Idaho Power issued the Draft Feasibility Report. See Exhibit No. 12. On May 23,201I ldaho
32 Power issued the Final Feasibility Study. See Exhibit No. 13. On June 2,201l, Idaho Power
33 tendered the System Impact Study Agreement. See Exhibit No. I 4. On August 25, 201 I , Grand
'3 Id. at P 3. Underscoring in original
Page 16 - GRAND VIEW RESPONSE
I
2
J
4
5
6
7
8
9
l0
ll
t2
l3
t4
l5
l6
l7
l8
l9
20
2t
22
23
24
25
26
27
View executed the System Impact Study Report and tendered requisite study fees. See Exhibit
No. I 5. On October 31,201l, Idaho Power issued the Final System Impact Study Report
concluding, "Again, even assuming historical maximum generation at both Strike and Swan
Falls, the Project can be added without any transmission capacity upgrades..." See Exhibits
Nos. 16 and 17. On November 30, 2011, Grand View executed the Facilities Study Agreement
and tendered the requisite study fees. See Exhibit No. 18. Clearly Grand View was diligently
pursuing the interconnection by following the Schedule 72 process to a tee in belief that it had
created a LEO.
WHEREFORE, Grand View respectfully requests this Commission clearly articulate that
Grand View had, indeed created a legally enforceable obligation prior to filing the complaint on
August 2,201l, and confirm that ldaho Power has no claim to the RECs that may be created by
the project.
Respectfully submitted this 5th day of August, 2013
RICHARDSON ADAMS, PLLC
CERTIFICATE OF SERVICE
Page 17 - GRAND VIEW RESPONSE
(lSB No. 3l9s)
M. Adams (lSB No. 7454)
I
2
aJ
4
5
6
7
8
9
l0ll
t2
l3
t4
l5
l6
t7
l8
t9
20
2t
22
23
24
25
26
27
28
29
30
3l
32
33
I HEREBY CERTIFY that on this 5tr day of August 2013, I served a true and correct copy of
GRAND VIEW PV SOLAR TWO, LLC's RESPONSE upon the following named respondents
by the method indicated below, and addressed to the following;
COMMISSION STAFF
Don Howell
Deputy Attorney General
47 4 W . Washington Street
Boise,Idaho 83702
don.howel l@puc. idaho. gov
IDAHO POWER COMPANY
Lisa Nordstrom
Donovan Walker
l22l West Idaho Street
Boise,ldaho 83702
lnordstrom@ idahopower.com
dwalker@ idahopower. com
Clint Kalich
Avista Corporation
14l I E. Mission Ave. MSC-7
Spokane, WA99202
C I int.kal ich@avi stacorp.com
Michael G. Andrea
Avista Corporation
l4l I E. Mission Ave. MSC-23
Hand Delivery
Electronic Mail
Hand Delivery
Electronic Mail
U.S. Mail
Electronic Mail
U.S. Mail
Electronic Mail
Nina Curtis
Page 18 - GRAND VIEW RESPONSE
i'j- *' -'
!!'!Ii i!ii rLc.!, Jr -J
l_- r ' ''
i I i:: aLJ I rll i
Peter J. Richardson (lSB # 3195)
Gregory M. Adams (lSB # 7454)
Richardson Adams, PLLC
515 N.27ft Street
P.O. Box 7218
Boise,ldaho 83702
Telephone: [phone]
Fax: [phone]
oeter@.richardsonadams.com
sre s fa richard so nadam s. com
Attorneys for Complainant
GRAND VIEW PV SOLAR TWO, LLC,
Complainant,
vs.
IDAHO POWER COMPANY,
Respondent.
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
Case No. IPC-E-11-15
GRAND VTEW SOLAR PV TWO,
LLC's RESPONSE TO ORDERNO.
3286t
Exhibit No. I
Western Renewable Energy Generation
lnformation System
Account Holder Registration Agreement
dwffiffiffiffiW
BHd\{i
N,ffiffiAMffi
ffi
ffiffiffi$ffiffi
@
Westenn Renewable Energy Generation
lmformatlon System
WREGIS
ACCOI.JFTT HOLDER REGISTRATION AGREEMENT
(Also referred to as the "TERilIS OF LJSE"I
June 2?,2007
Revispd May 1,2008
Revieed August 5, 2008
ii
WREGIS Acccunt Hoider Registration Agreemeni Revised August 6, 2008
(,l1} Ownership and [.!ses of Data.......-..'.....".......,........,i3
(12) lnt€llectual Property .............-..."-'t&
({3} Confidentiality............... ................ f4
tf 4) Limited Warranty; Disclaimor of Urarranty ,-....17
('15) Dlsclaimer of Responslbility for Me*sage Boards and Links... ...........-. tB
(16) Limitation of l-iability; Romedios ............-......".'19
(17) Passwords. ............."..'!9
{f 8} VirusEs--...., ..............20
(f g) No Assignrnent. Transfer, or Encurnbrance by Account Ho|der............."................. 20
(2O) Force Majeure................ ^,,.......,,.,2O
lll
WREGIS Account Holder Registration Agreement Revised .qugust 6, 2008
t30) Entire Agreernent...,........,,. 28
ATTACHMENT x: Definitions........... ..........30
iv
WREGTS Account l'{older Regis$ation Agreement Revised August 6, 2008
ACCCIU'UT HOLDER, REG'STruIflOIV AGREEfrilENT OR TERfi{S
OF USE
This Account Holder Registration Agreement (Agreement) is entered into on this
date ,-'KJi and between
Account
o{[usinesg at (add city, state and zip)T.S N5-1OZ-
(Account Holder) and the Western Electricity Coordinating Council (WECC),
having its principal place of business at 155 Norih 400 West, Suite 200, Salt
Lake City, UT 84103. The Account Holder Registration Agreement is
abbreviated throughout as "Terms of Use'or uAgreement." Capiklized terms
used throughout the document have the meanings given when introduced or in
Attachment 1 - Definitions.
1. The Western Renewable Energy Generation lnformation System
(WREGIS) is an independent and automated web-based renewable
energy registry and tracking system that receives Data on renewable
energy generation, creates merchantable renewable energy certificates
(*RECs" or'Certificates'), registers the transfer of Certificates within and
without the WREGIS system, and allows reporting on such transfers.
When used herein, .WREGI$" is meant to encompass all hardware,
sofhrvare, and inierfaces that are used in the operation of and/or that
comprise the systern and are made available to Account Holders by
WECC under this Agreement. A Certificate is created in increments of
one megawatt hour (MWh) of reported renewable energy generatiorr.
2. WREGIS covers the same geographic region as the Western
lnterconnection and WECC. WREGIS will issue Certificates for registered
renewable energy Generating Units lscated within the Western
lnterconnec'tion and for registered renewable energy Generating Units
located in states and provinces within WECC,
3. WREGIS is not a trading system for either RECs or energy but instead
emulates a banking system. WREGIS Certificates are the cunency of the
banking system end may be used to verify compliance with state and
provincial policy mandates, and to protect the integrity of voluntary green
power markets.
4. WREGIS is a joint effort of the Western Governors'Asssciaiion, the
Weetern RegionalAir Partnership and the California Energy Resources
Conservation and Development Commiseion (Energy Gommission),
1
WREGIS Account Holder Registration Agreoment Revised August 6, 2008
5.
6.
7.
10.
1'1.
12.
8.
9.
collectively lcnown as the Founding Sponsors. WECG has agreed to be
the institutional home of WREGIS, and the Energy Commission has
agreed to provide funding for WREGIS development and initial operations
at WECC. WREGIS is intended to be financially self-supporting through
fees paid by Account Holders.
A goalof WREGIS is to provide accurate and reliable Certificates
reflecting actual renewable energy generation. WREGIS is intended to be
policy neutral and will not determine whether Certificates are el(7ible for
particular regulatory programs or voluntary markets.
Another goal of WREGIS is to protect against double or multiple counting
of the same renewable energy. The Energy Commission is sponsoring
WREGIS to meet California's legislative mandates to ensure that
renewable generation output sold in California is counted only once for the
purposes of the renewables portfolio standard (RPS} in California or any
other state.
WREGIS is not intended to establish legaltitle to Certificates but instead
to accurately track who is registered as possessing Certificates. Persons
must address any issues regarding ownership or security interests in the
Certificaies outside of WREGIS.
Any person who wishes to use WREGIS must register as an Account
Holder and establish an account within WREGIS.
All Account Holders must enter into this Agreement with WECC before
using WREGIS. Only Account Holders may create or register Certificates,
WECC administers WREGIS consistent with WECC's Bylaws and
reliability mission, and is subject to obligations $et forth in a contract
between WECC and the Energy Commission, which is posted at the
WREG I S Website: v., ijii.\'. r:.! ie! :s. c :'.1.
WREGIS is governed by the WREGIS Committee, which is a cornmittee of
the WECC Board of Directors, and is established under WECC's Bylaws.
A Charter approved by the WECC Board of Directors authorizes
governance by the WREGIS Cornmittee. The WREGI$ Committee
represents both industry and governmeiltal interests.
The WREGTS Director oversees the day-to-day operations of WREGIS.
The WREGIS Director is employed by WECC to rnanage WREGIS on
behalf of WECC. The WREGIS Director is assisted by the WREGIS Staff
and where neces'gary, contracts with service providers to perform the
program and adrninistrative operation functions needed to support the
information system and WREGIS participants. lnitially, the Energy
2
WREGIS Account Holder Registration Agreement Revised Auoust 8. 2008
13.
Commission has contracted with APX, lnc. to provide the software
(including technical operations and maintenance) and to host web
services for the softryare.
WREGIS accounts can be accessed only by using the secure WREGIS
Website. An Account Holder must be approved by the WREGIS Director,
must agree to this Agreement, must abide by the Operating Rules, must
follow applicable lnterface Control Documents, and must pay the fees
required by this Agreement. An Account Holder will be able to access its
WREGIS accounts and Data on the WREGIS Website by logging into
WREGIS using its username and password.
Some Generator Owners or their duly authorized agents may agree with
their Balancing Authority for the Balancing Authority tc act as their
Qualified Reporting Entity in order to report their respective Output to
WREGIS. A Balancing Authority Account Holder may report Output on
behalf of Generator Owners or their duly authorized agents that have
designated the Balancing Authority Account Holder as their Qualified
Reporting Entity.
This Agreement states the terms and aonditions for registering renewable
energy Generating Units and establishing an account with WREGI$.
NOW, THEREFORE, acknowledging that the success of WREGI$ will depend on
the truth, accuracy and completeness of the declarations made below and on
these terms and conditions, the undersigned agree and represent that:
{f } Parties
This is a binding ccntract between the Account Holder and WECC. Account
Holder and WECC are individually referred to herein as "Party'and
collectively as .Pafiies.'
Acceptance of Terms
Account Hoider's use of WREGIS (including the secure WREGIS W-ebsite
located online at !*ieg€Siil i$ subject to the following Agreement
(and as ii may be modified from time to time).
$ubject to the provisions of Section 2(e), by accessing its account through
the secure WREGIS Website, Account Holder accepts and agrees to be
bound by this Agreement. Account Holder's use of WREGIS is governed
by the version of the Agreernent in effect on the date the WREGIS
3
WREGIS Account Holder Registration Agreement
14.
15.
(2)
h.
Revised August 6, 2008
c.
Website is accessed by Account Holder. Account Holder agrees to
comply with the requirements of this Agreement and, in the event of a
failure to comply, agrees to be subject to the default and termination
provisions of this Agreement. WECC will maintain a copy of the current
version of this Agreement on the WREGIS Website.
Subject to the provisions of Section 2(e), by signing this Agreement,
Account Holder is also subject to the VI/REGIS Operating Rules in effect
on the date the secure WREGIS Website is accessed by Account Holder.
Account Hokler agrees to comply with the requirements of the Operating
Rules and, in the event of a failure to comply, agrees to be subject to the
default and termination provisions of this Agreement. Each and allof the
provisions of the Operating Rules are hereby incorporated by reference
into this Agreement as though set forth fully herein. WECC will maintain a
copy of the curent version of the Operating Rules on the WREGIS
Website.
Subject to the provisions of Section 2(e), by using WREGIS, Account
Holder is also subject to the protocols of the lnterface Control Documents
in effect on the date the secure WREGIS Website is accessed by Account
Holder. Account Holder agrees to comply with the requirements of the
applicable lnterface Control Document and, in the event of a failure to
comply, agrees to be subject to the default and termination provisions of
this Agreement. Each and allof the provisions of the lnterface Control
Doeuments are hereby ineorporated by reference into this Agreement as
though set forth fully herein. WECC will maintain a current copy of the
lntedace Control Documents on the WREGIS Website.
TJVECC or its successors in interest, if any, may modify or amend this
Agreement, Operating Rules, or lnterface Control Documents at any time,
upon providing (1) a minimum of 15 days prior written notice to the
Account Holder if such modification or amendment is a technical change
neoessry for the continued operation of WREGIS and, (2) a minimum of
60 days prior written notice to the Account Holder for any other proposed
modification or amendment. Such notices shall contain the terms of the
proposed modification or amendment. lf practicable, such process sha[[
(a) provide for at least a 30-day period for consideration of the proposed
amendment prior to its adoption and, (b) afford each Account HoHerwith
a reasonable opportunity to participate in such proceedings. Account
Holder agrees that by accessing its account through the secure WREGIS
website-after having received appropriate written notice of the
modification of the Agreement, Operating Rules, or lnterface Control
Documents in accordance with this Section Z-Aecount Holder signifies
agreement to be bound by the modified Agreement, Operating Rules, and
lnterface Control Documents.
d.
e.
4
WREGIS Account Holder Registration Agreement Revised August 6, 2008
(3)
f.
5
WREGIS Account Flolder Registration Agreement
lf at any time Account Holder no longer agrees to this Agreement, the
Operating Rules, and the lnterface Control Documents-as each is
currently written or as they may be modified in the future-Account Holder
shatl provide written notice to WECC, in accordance with Section 10(c), of
its termination of this Agreement and shallcease to access or otherwise
use WREGIS and the secure WREGIS Website, but shall be entitled to a
final statement of the Account Holder's account and other infermation
reasonably requested by the Account Holder, including an accounting of
the number of Certificates attributable to the Acrount Holder.
$ervice Description
WREGIS is an independent, automated, weFbased, renewable energy
registry and tracking system that receives Data on renewable energy
generation, logs generation Data, allows for the review and/or dispute of
Qutput, uses the OutBut for issuing WREGIS Certificates and tracks, via
Certificates, renewable energy transactions occurring within the Western
lnterconnection.
WREGIS allows for differentiated roles and permissions for various types
of authorized Account Holders of the systern as to management of
accounts, Data access and reporting as more fully specified in the
Operating Rules.
WREGIS will produce electronic Certificates based on Output. A WREGIS
Ceilificate represents all of the attributes from one MWh of electricity
generation from a renewable Generating Unii registered with the WREGIS
tracking system. One Certificate will be created for each whole MWh of
renewable energy that is produced.
Each account will have sub-accounts established to allow the Account
Holder to transfer Certificates. The rules on sub-accounts are specified in
the Operating Rules.
Account Holder agrees thatWREG|S does not establish legaltitle to
Certificates in any form. Any issues that might arise regarding the
ownership or security interest in Certificates, or whether the transferred
Certificate is considered a forward contract' under the laws of a state or
the laws of the United States, will be addressed by the Account Holder
outside of WREGIS. WECC will not address any such ownership issues
or have liability with respect to any such ownership issues.
a,
b.
d.
A
Revised August 6, 2008
(4)Output Reporting
WREGIS issues Certificates only for Output. lt is the responsibility of the
Generator Owner and/or its agent to supply Output in accordance with the
timelines incorporated in the WREGIS Operating Rules. lf the Qualified
Reporting Entity, designated reporting entity (using protocols described in
an lnterface Control Document), a Self-Reporting lnterface, or Account
Holder or its Agents or assigns fails to supply all required Output on
registered Generating Units to WECC according to the dates specified in
the Operating Rules, the Account Holder and Generator Owner will
automafically be notified of the missing Output. The WREGIS Director
may reguest submission of reasonable and consistent supplemental or
additional Data from the Account Holder responsible for the Generating
Unit in order to secure the missing Output.
lf the WREGIS Director determines that Data from an Account Holder is
required for the determination of compliance by anotherAccount Holder
with this Agreement, Operating Rules, or lnterface Control Documents; the
WREGIS Director shall so notrfy the Account Holder and the Account
Holder shall have 30 days from such notice, or a mutually agreeable
extension thereof, to provide the requested Data to the WREGIS Director.
An Account Holder may also request the WREGIS Director to request
from another Account Holder, Output or Data required for the requestiftg
Account Holder's compliance; however, such a request shall not relieve
the Account Holder of any obligations to provide requested Output.
lf any Data is requested of Account Holders that is not listed in $ection
13(b) or Section 13(c), such request willfirst be submitted to the WREGIS
Committee for review and action. The WREGIS Committee will notice and
hold a public WREGIS Committee meeting to dlscuss the request and witt
make a determination of the confidentiality status of any new Data being
requested. lf approved, the request is subject to the WREGIS change
Gontrolprocedure as detailed in the Operating Rules.
{5} Authorized Users
a. An Account Holder can be any Person with the capacity to sue or be sued
under the law of a state or a federal government. An Acc0unt Holder may
include one or more of the following types of organizations or entlties:
Generating Unit owner or representative, Gerrerator Unit aggregator,
community choice aggregator, small utility aggregator, investor-owned
utility (lOU), municipal utility, ruralelestric cooperative, irfigation district,
electricity service provider, joint power authority, retail marketer, broker,
tribal organization, customer-owned utility, public interest organieation,
6
WREGIS Account Holder Registration Agreement
a.
Revised August 6, 2006
b.
federal marketerlpower administration, wholesale marketer, state program
director, provincial program director, qualified independent party,
Balancing Authority, other load serving entity, or other legalentity.
An Account Holder vuho has account Registration and permissions for an
account may designate a Person outside of the Account Holder's
organization to serve as an Agent or other authorized user on the account.
This is accomplished by the Account Holder submitting a Notice of Agent
Designaiion. The Agent shall have only those WREGIS permissions and
privileges a$ expressly granted by the Account Holder in the Notice of
Agent Designation. The Notice of Agent Designation shall not be effective
until written acknowledgement is issued by WECC. Such Notice of Agent
Designation must be revoked by written notification from the Account
Holder in the Notice of Agency Termination. ln such event, the Account
Holder will provide such wriften notification to WECC and such termination
of the Notice of Agent Designation will not be effective until written
acknowledgement is issued by WECC. Such acknowledgementwill be
made to the Account Holder by the WREGIS Director within five business
days of WECC's receipt of written notification of revocation of the Notice of
Agent Designation.
The rights granted herein are granted only to Account Holders and their
Agents. ln the case of an Agent, the terms of the Notice of Agent
Designation specifu who is to pay WREGIS fees to WECC. ln the case of
an assignment of Registration permissions by a Generating Owner, the
Notice of Assignment of Registration Rights specifies that the Assigned
Account Holder (the one registering the Generating Unit) is to pay to the
WECC registration fees, if applicable. lf an Affiliate wishes to use
WREGIS, it must apply for its own Registration, agree to this Agreement,
abide by the Operating Rules, follow the applicable lnterface Control
Document, and pay the required fees.
The rights and obligations of this Agreement shall run to the named
Parties and theirAgents for those WREGIS permissions and privileges
expressly granted to the Account Holder.
The Account Holder agrees that any of its employees or Agents to whom
the Account Holder has provided access to WREGIS willfully comply with
this Agreement, Operating Rules and the applicable lnterface Control
Documents, and further agrees to rnake such compliance a condition of
any agreement that Account Holder may create for this purpose.
d.
A
7
WREGIS Account Holder Registration Agreement Revised August 6, 200E
(6) Grant
WECC grants to Account Holder, and its authorized agents, a non-
exclusive non-transferable license to use WREGIS sofrtrare at the
WREGIS Website subject to this Agreement, Operating Rules and
lnterface Control Documents in force. Before granting Account Holder
acc€ss, Account Holder shall (1) complete and submit this Agreement to
the WREGIS Director, (2) complete and submit Account Holder
Registration Data (onJine after obtaining temporary status to use
WREGIS as a Registrant) to the WREGIS Director, and (3) pay the
applicable fees due under this Agreement and Operating Rules.
Account Holder's use under the license shall be subject to the followi*g
limitations:
0 Account Holder shall not (a) loan. shere, publish, republish,
disclose, transmit, display, sell, ticense, lease or distribute any
portion of WREGIS software to any third party, (b) disassemble,
decode, decompile or otherwise reverse engineer, copy,
reproduce WREGIS software, or (c) loan, share, publish,
republish, diselose, transmit, display, sell, license, lease,
distribute, disassemble, decode, decompile, reverse engineer,
copy, reproduce, or use WREGIS as a basis for a directory or
daiabase prepared for commercial sale or distribution. Account
Holder shall not modify the format of any WREGIS generated
report, but such resiriction does not include the information
contained therein.
(ii) Account Holder shall not rernove any copyright, trademark, or
other proprietary noticas contained in WREGIS.
(iii) Account Holder shall not knowingly infringe or misappropriate
WREGIS software.
{iv} WECC represents and warrants that it has received from the
Energy Commission, all necessary rights to allow Account Hotder
to use WREGIS in accordance with this Agreement.
WECC reserves all rights in \IYREGIS not expressly granted to Account
Holder in this Agreement. Account Holder acknowledges that the
WREGIS sofiware does not belong to Account Holder. Except as
provided in this Agreement, Account Holders shallnot obtain, have, or
retain any right, title, or interest in or to WREGI$ or the WREGI$ software
or any part thereof pursuant to this Agreement.
I
WREGIS Aecount Holder Registralion Agreement
e.
b.
Revised August 6, 2008
d. ln using the WREGIS Website, Account Holder agrees:
(i) Not to disrupt or interfere with the security of, or otherwise abuse,
WREGIS or any services, system regourceg, accounts, servers,
or networks connected to or accessible through the WREGIS
Website or affiliated or linked sites;
(ii) Not to disrupt or interfere with any other usefs use and enjoyment
of the WREGIS Website or affiliated or linked websites;
(iii) Not knowingly to upload, post, or otherwise transmit through or oft
the WREGIS Website any viruses or other harmful, disruptive, or
destructive files;
(iv) Not to copy, use, frame, or utilize framing techniques to enclose
any WREGIS or WECC trademark, logo, or other proprietary
information (including the images found at the WREGIS Website,
the content of any text or the layouUdesign of any page or form
contained on a page and expressly excluding information
contained in reports) without WECC's express prior written
consent;
(vi Not to use meta tags, cookies, or any other "hidden text" created
by Account Holder utilizing the WREGIS or the WECC name,
trademark or product name without WECC's express prior written
consent;
(vi) Not to .deeplink" to the WREGIS Website without WECC's
express prior written consent;
ivii) Not to create or use a false identity on the WREGIS Website;
(viii) Not to attempt to obtain unauthorized access to the WREGIS
Website or portions of the WREGIS Website that are restricted
from general access or portions of the WREGIS Website that are
assigned specific Account Holder acess permissions outside of
the Account Holder's own access permissions;
(ix) Not to post any materialthat is knowingly false or defamatory,
inaccurate, abusive, vulgar, hateful, harassing, obscene, profane,
sexually oriented, threatening, invasive of a person's privacy, or
otherwise in violation of any law;
(x) Not to post any copyrighted material unless the copyright is
owned or lawfully licensed by Account Holder or by WECC: and
I
WREGIS Account Holder Registration,A,Ereement Revised August 6. 2008
(xi) ln addition, Account Holder agrees to comply with all applicable
local, state, national, and international laws and regulations,
including but not lirnited to United $tates export restrictions, that
relate to use of or activities on the WREGIS Website.
(7) Fees
Account Holder agrees to pay all applicable Fees, including Annual Fees and
Volumetric Fees, collectively referred to herein as the "Fees", that WECC
eharges for using WREGIS. AllVolumetric Fees will be calculated monthly.
Fees may change from time to time. WECC may, at its sole discretion, increase
or decrease the Fees at any time, upon providing 60 days' prior notice to the
Account Holder. WECC shall notify Account Holder of any WECG process to
change the Fees by first publishing the notice on the WREGIS Website. lf
practicable, such process shall (a) provide for at least a 30 day period for
consideration of the proposed change prior to its adoption; and (b) afford each
Account Holder with a reasonable opportunity to participate in such proceedings.
Any changes in the fee structure will be publicly noticed and discussed at a
publicWREG|S Committee meeting and approved by the WREGIS Committee
prior to being implemented. ln no event shall any portion of the Fees paid to
WECC be prorated or refunded to Account Holder upon termination of the
Agreement. Likewise, Account Holder's obligation to pay any and all Fees due to
WECC shall sulive the tennination of such use or eccess.
a. A schedule of Fees to be charged each type of Account Holder will be
posted on the publicly accessible WREGIS Website. lnitially, WECC will
charge most Account Holders both an Annual Fee and a Volumetric Fee.
The fee matrix on the WREGIS Website details which fees each type of
Account Holder will be charged.
Annual Fees will be salculated in the anniversary month that the account
was approved. The full payment of the Annual Fee will be required prior
to the WREGIS Directo/s approval of the New Account Registration.
No Annual Fee will be charged to: (1) non-transacting state, provincial, or
federal regulators; (2) Qualified Reporting Entities whose sole purpose is
to report generation output on behalf of a Generating Unit that is not
owned by the reporting entity (e.9., the California lndependent System
Operator Corporation); and (3) voluntary program directors, such as;
Green-e, Low-lmpact Hydro, or Ecologo.
Certificate lssuance Volumetrie Fee. WECC shallassess Account
Holder a Volumetric Fee for the issuence of a Certificate. Account Holder
shall pay a fee per M\Mr of issued WREGIS Ceftificates. The Certificate
lssuance Fee shall be calculated monthly based on the number of
Certificates issued.
10
WREGIS Account HoldEr Registration Agreement
,,tLl-
Revised August 6, 2008
Certificate Transfer Volumetric Fee. WECC shell assess Account
Holder a Volumetric Fee for the transfer of a Certificate from one Account
Holder to another, The Account Holder initiating the transfer shall pay the
Fee on each Certificate transferred to another Account Holder, whether
the transfer is scheduled (Standing Order Transfer or Forward Certificate
Transfer) or non-scheduled (ad hoc). The Certificate Transfer Fee shallbe
calculated monthly based on the number of Certiftcates of which the
transfer was initiated by the Account Holder and accepted by the intended
recipient.
Certificate Retirement, Reserve, or Exported Volumetric Fee, WECC
shall assess a Volumetric Fee for retiring, reserving, or exporting a
Certificate. AllAccount Holders that retire, reserye, or export Certificates
shall pay the Volumetric Fee on each Certificate retired, reserved, or
exported. The Certificate Retirement, Reserye, or Export Fee shall be
calculated monthly based on the number of Certificates retired, reserved,
or exported.
{8) Payments and Taxes
The Fees shall be non-refundable and are due and payable within 30 days from
the date of WECC's invoice. Account Holderwillpay allapplicable sales, use,
value added taxes, and other taxes levied in connection with Account Holder's
use of WREGIS, other than taxes based on the income of WECC.
(g) Late Fees
Account Holder acknowledges that late payment of any Fees owed to WEGC
may cause WECC to incur extra administrative and other costs and expenses. [f
Account Holder fails to pay any amounts or charges that Account Holder is
obligated to pay under the tenns of the Agreement within fifteen days of the due
date, then Account Holder shallbe responsible to pay to wEGC a late fee equat
to one and one-half percent (monthly interest rate) computed on the overdue
amount. Account Holder reserves the right to dispute the amount of the
Volumetric Fee charges for a period of g0 days following payment by Account
Holder. Aeceptance of any late fee shall not constitute a waiver of Account
Holder's default with respect to such late payment, nor prevent WECC from
exercising any other right$ 0r remedies available to WECC under the Agreernent
or applicable law.
11
WREGIS Account Holder Registrartion Agreement
(t
f.
Revised August 6, 2O0B
(10) Term and Termination
a. Terrn. This Agreement becomes operative on the date on which Account
Holder has (1) completed and submitted to the WREGIS Director Account
Holder Registration Data (on-line after obtaining temporary status to use
WREGIS as a Registrant), (2) indicated on the WREGIS Website Account
Holder's unqualified acceptance of this Agreement, (3) Paid atl Fees due
under this Agreement and Operating Rules, and (4) submitted to the
WREGIS Director two signed copies of this Agreement. This Agreement
shall continue in effect until one of the Parties terminates this Agreement
pursuant to the terms of this Section 10 (Term and Termination), or the
Agreemerrt expires or terminates by operation of law pursuant to the terms
of this Section.
b. Termination for Default. lf WECC finds Account Holder in default in the
performance of any of its obligations under Section 21 (Default;
Remedies; Nonwaiver of Default) of this Agreement, WECC may
terminate this Agreement, inctuding Account Holder's access to WREGIS,
upon giving 15 days written and electronic notice to Account Holder and
an opportunip to cure in accordance with Sec'tion 21(a) hereof, unless
othenarise provided herein.
c. Termination for Convanience by Either Party. Either Party to this
Agreement may terminate this Agreement and Account Holder's access to
WREGIS, without cause, by providing at least 60 days written notice to the
other ParU. Account Holder's obligation to pay any and all Fees due to
WECC shall survive the termination of such use or access.
d. Termination Required by Law. WECC may terminate access to or
Account Holder may cease use of WREGIS if required to do so by any
statute, regulation, tariff, order, or ordinance enacted by a governmental
authority having jurisdiction over Account Holder or WECC, or by any
order or other decision of a court of law or governmental agency, as
required by said statute, regulation, tariff, ordinance, order, or decision. At
least 60 days written notice of said termination of access or cessation of
use of \rt'REGlS shall be given by the Party terminating the access to, or
ceasing the use of, WREGIS under this subsection, unless a shorter
notice period is required or permitted by the applicable statute, regulation,
ordinance, order, or decision.
e. Provisions that Survive Termination. The following Sections survive
terminaiion of this agreement: Sec{ions 7 (Fees), 10 (Term and
Terminationi, 11 (Ownership and Uses of Data), 12 (lntellectual Property),
12
WREGIS Account Holder Registratiofl Agreement Revised August 6, 2008
13 (Confidentiality), 14 (Limited Warranty; Disclaimer of Warranty),
15 (Disclaimer of Responsibility for Message BoardE and Links),
16 (Limitation of Liability; Remedies), 19 (No Assignrnent, Transfer, or
Encumbrance by Account Holder), 20 (Force Maieure), 21 (Default;
Remedies; Nonwaiver of Default), 22 (Waiver), 23 (Governing Law),
24 (Dispute Resolution), 25 (Audit; Continuing DuU to Report Enors; Audit
Standard),27 (Severability), and Aftachment 1 (Definitions), arrd any other
provisions which reasonably should or must survive termination or
expiration of this Agreement, or which it is reasonable to conclude that the
Parties intended to survive termination or expiration of this Agreement,
shallsurvive termination of the Agreement.
f. Reinstatement. WECC, at its sole discretion, may reinstate an Acoount
Holder's aCIcess to WREGIS after the account has been terminated for
Account Holde/s Default, upon a determinaiion that the problem that led
to the Account Holder's termination has been satisfactorily resolved.
There is no limit on the amount of time that WECC may place an Account
on inactive status. lf the Account Holder passed the date for hi#her
annual registration ufiate while in termination, the Account Holder must
update registration data before the WREGI$ Director will reinstate any
permission to access or use WREGIS. A new account must be created
for this Account Holder and approved by the WREGIS Director for the
Account Holder to have any permission to access or use WREGIS, at
which time allforms must be resubmitted and the annualAccount Holder
fee must be paid.
g. Tenmination due to lntellectual Property lnfringement Claim. Either
Pa$ may immediately terminate the Agreement at any time after
receiving notice from a third-party alleging infringement of the third-party's
intellectual property rights. Termination willbe effective upon delivery by
one Party of written notice to the other ParU.Account Holder information
that WECC has control over shall be delivered to the Account Holder as
promptly as feasible.
t11) Ownership and Uses af Dab
a. The Parties agree that Account Holder rnay directly, or through others on
its behalf, report Data to WREGIS. The Parties also agree that the
Account Holder will continue to own the Confidential lnformation reported
to WREGIS by or on behalf of Account Holder. Once Data is received by
WREGIS, it will be collected, stored, manipulated, and displayed in a
manner unique to WREGIS. oData" includes Static Data and Dynamie
Data. "Data" does not include WREGIS software.
13
WREGIS Account Holder Rsgistration Agreement Ravised August 6, 2008
b. The Pafties agree that WECC has the right to use and allow others lo use
Data reported to WREGIS as WECC reasonably deems appropriate,
provided however, that Confidential lnformaiion can only be used and
disclosed pursuant to the terms of this Agreement.
c. Data in WREGIS will be maintained to provide an aocurate tracking
database and to protect against double or multiple counting of the same
Certificates. WECC has the right to retain Account Holder's Confidential
lnformation in WREGIS even if Account Holder's account is terminated. [f
an Account Holder's account is terminated, WREGIS will continue to treat
Account Holder's Confidential lnformation according to the provisions of
Section 13.
(12) lntellectual Property
Copyright and/or other intellectual property laws may protect WREGIS, and any
and all content of WREGIS, and any unauthorized use of the WREGIS softyvare
may violate such laws retated to their protection. Except as expressly provided
herein, WECC does not grafit any express or implied right or license of any kind
to Account Holder under any patents, copyrights, trademarks, or trade secret
informatisn with respect to WREGI$. Account Holder acknowledges that
Account Holder does not acquire any ownership rights by downloading
copyrighted material from WREGIS.
(13) Confidentiality
a. WECC agrees not to use or dlsclose Confidential lnformation contained in
WREGIS except as authorized by this Agreement.
b. The following is deemed Confidential lnformation:
. Gross generation (MWhs) of each electricity Generating unii;o Net generation (MWhs) of each electricity Generating Unit;. Electricity (MWhs) consumed on site by the Generating unit owner,other than for Generating Unit use (monthly);o Street address of the Generating Unit;o lf aggregate metering of Generating units, number and names of
Generating Units on the meter;
" Capacity factor of each electricity Generating Unit;o Total number of certificates in Account HoHers Account end eachSubaccount; and
14
WREGIS Account Hotder Regislration Agreement Revised Augusi 6, 2008
. Those portions of communications between Account Holder and WECC
regarding WREGIS that contain any of the aforementioned information
that would be treated as Confidential lnformation.. The amount and timing of Certificate transfers, including transfers from
one Account Holder to another and transfers among the subaccounts of
an Account Holder will be treated as confidential (except with respect to
a third party to whom the Account Holder has granted access).
c. The following Data reported to WREGIS is considered public informatio*
and witl not be treated as Confidential Information:r Account Holder company name, address, and allcontact information;. Agent's company name, address, and all other contact information;. Generating Unit Name;. Facility owner name, address, and allother contact information (other
than the Generating Unit street address);o Nameplate capacity of the Generating Unit;n Generating Unit type of prime mover;
" Energy source, and/or fuel type(s) used at Generating Units;o For multi-fueled Generating Units, the fuels consumed each month as a
percentage of the total fuel used each month for electricity production;
" Othereligibilitycharacteristics;a Date when Generating Unit went into first commercial operation;n Name of facility operator, address, and contact information (other than
the Generating Unit street address);. Meter serialor identification number;
" Revenue meter by county, province, state, country;o Statement of fact that Generating Unit is or is not within WECC's region;
' Name of Balancing Authority for the Generating Unit;. Name of utility to which Generating Unit is physically interconnected to;. Statement of fact that the Generating Unit is or is not a Qualifying
Facility:e Facility Ownership type (a range of options);c Statement of fact that the Generating Unit has or has not received
California Supplemental Energy Payments;. Statement of fact that the Facility has or has not received
State/Provincial public benefits funds or support;o Statement of fact that the Facilifl has or has not received FederalTax
Credits;o FERC Hydro licensing information including license identifier, date of [ast
license or application pending information;. Statement of fact that the Generating Unit has or has not been
Repowered and date if it has been Repowered;. State/provincial program eligibility/certifications;
15
WREGIS Account Flolder Registration Agreement Revised August 6, zOOe
a
o
Statelprovincial RPS eligibilities information as may be required for one
or more states/provinces;
Statement of fact, whether the Facility is outside of United States-
Defined Protected Areas indicator;
Certified "Low-impact" information for eligibiiity; and
lnformation on Certification or Eligibility for Voluntary or other Mandatory
Programs such as Greene-e, Ecologo, and similar programs-
The WECC shall protect Account Holdefs Confidential lnformation from
inadvertent disclosure and from disclosure to any third party except as
authorized by Account Holder or this Agreement. WECC, its employees,
members, agents, and assigns willprotect and maintain Confidential
lnformation provided by Account Holder to WECC pursuant to the provisions
of this Section 13, and WECC shallobtain from all its employees, members,
agents, and assigns to whom such Confidential lnformation is provided their
agreement to comply with this Agreement.
Confidential lnformation may be aggregated with other information in
WREGIS and included in Public Reports as described more fully in the
WREGIS Operating Rules, so long as it is sufficiently aggregated such that
a third-party reviewer could not determine the actualgeneration produced
by a Generating Unit registered with WREGIS over any specified period of
time or attribute any Confidential lnformation to a particular Account Holder.
lnformation in WREGIS that is considered Confidential lnformation that
cannot be sufficiently aggregated or masked (such as Generating
UniUFaoility street addresses) such that a ihird-party reviewer could
determine the actualGenerating Unit registered with WREGIS, or attribute
any Confidential lnformation to a particularAccount Holder cannot be
included in public reports.
lf WECC is requested or required, by subpoena, oral deposition,
interrogatory, request for production of dscuments, administrative order, or
other legalor regulatory process, to disclose any Confidential lnformation of
Account Holder, the WREGIS Director shall notlff the Account Holder in
writing as promptly as feasible using commercially reasonable efforts so that
Account Holder may, if it so chooses and at its own expense, challenge the
disclosure or seek an appropriate protective order. WECC shall reasonably
cooperate with Account Holder in resolving the dispute. To the extent that
the WREGIS Director and WECC have complied with the preceding
provisions of this Section 13, WECC shall not be deemed to have violated
its confidentiality obligations under this Agreement as a result of disclosing
Account Holder's Confidential lnformation to a third perty pursuant to a
subpoena, oral deposition, interrogatory, request for production of
documents, administrative order, or other legalor regulatory pro@ss.
d.
f.
10
WREGIS Account Holder Regislration AEfeement Revised August 6, 2008
ln addition to the confidentiality requirements as specified in this Agreement,
WECC will require adherence by the WREGIS Director, the WREGIS
Committee, the MdECC Staff and any persons with access to such
Confidential lnformation, to applicable confidentiality protocols designated
by WECC. These documents will be available for review on WECC's
website, n iip : i';'w rtw. i+recc. o;zi
For purposes of this Agreement, no arbitrator engaged pursuant to Sectiqn
24 of this Agreement shall be deemed a third-party so long as such person
has agreed in writing to be bound by the confidentiality obligations
applicable to WECC under this Agreernent and the applicable rules of the
American Arbitration Association (AAA).
The obligations of confidentiality in this Agreement shall survive its
termination without limitation in duration for so long as information continues
to meet the definition of Confidential lnformation.
(14) Limited Wananty; Disclaimer of Warranty
a. NEITHER PARTY, EXCEPT AS OTHERWISE PROVIDED IN SECTION
25 (b), WARRANTS THAT THE DATA tN WREctS tS ACCUMTE,
GORRECT, COMPLETE, OR CURRENT.
b. SOFTWARE PROGRAMS USED FOR WREGIS AND THE WREGIS
WEBSITE ARE PROVIDEB "AS IS" TO THE ACCOUNT HOLDER.
WECC MAKES NO REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED, WITH RESPECT TO THIS AGREEMENT OR
TO THE ADESUACY OR PERFORMANCE OF SOFTWARE
PROGRAMS U$ED FOR WREGIS AND THE WREGIS WEBSITE; AND,
EXCEPT AS SPECIFICALLY WARRANTED lN SECTION 6(bXiv),
WECC HEREBY DISGLAIMS ANY SUCH WARRANTIES, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON.
INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OR
ANY IMPLIED WARRANTIES ARI$ING FROM ANY COURSE OF
DEALING, USAGE, OR TRADE PRACTICE. WECC DOES NOT
WARRANT THAT THE SOFTWARE PROGRAMS IN WREGIS wlLL BE
ERROR FREE OR BUG FREE. However, WECC will use commercially
reasonable efforts to maintain the accuracy, correctness,
completeness, and eurrentness of the WREGIS software, in
accordance with updates and other information provided by the
WREGIS sofhrare vendor.
17
WREGIS Account Holder Registration Agreement
t.
Revised August 6, 2008
WECC is not responsible for the acts or omissions of parties other than
WECC who input Data into WREGIS or from vuhom Data is obtained for
inclusion into WREGI$.
Account Holder is solely responsible for the protection, security, and
management of usage and security of its computer network. WECC will
not mmpensate Account Holcler for damages incurred to the eLtent due to
security violations of the security of Account Holdefs computer network,
nor shall Account Holder make deduc,tions or set offs of any kind for Fees
due to WECC resulting from security violations of Account Holder's
computer network.
WECC will have no liability for any claims for intelleciual property
infringement, except for claims due to its own actions, but will flow down
any rights it may have to indemnity that it receives by virtue of its contract
with the Energy Gommission and the rights that may flow from APX, lnc.
to the Energy Commission and WECC.
(r 5) Disclaimer of Resp onsibility for ltfessage Boards and Links
a. WREGIS will have the capability to host message boards (Boards) on the
area of the WREGIS Website open to the public. WECC lS NOT
RESPONSIBLE FOR ANY MATERIAL POSTED BY ANY PARTY
OTHER THAN WECC IN ANY MESSAGE BOARD, BULLETIN BOARD,
CHAT ROOM OR rN ANY OTHER FORUM AT WREGTS (TOGETHER,
THE "BOARDS"I. WREGIS is merely providing access to the Boards for
informational purposes. The Boards are not to be used for commercial
transactions. Account Holders agree that all commercial transactions
involving Certificates willtake place outside of WREGIS.
b. ln using the Boards, the Aecount Holder will not post, upload, transmit,
distribute, or otherwise publish on the Boards any materialthat is: libelous,
defamatory, obscene, abusive, pomographic, threatening, or an invasion
of privacy; or an infringement of intellectual property rights, including, but
not limited to, copyrights and trademarks, of any person or entity; or
material that is illegal in any way or advocates illegal activity; or a
message posted by a user imperconating another; 0r personal information
such as messages which identify socialsecurity numhers, account
numbers, addresses, or employer references; or chain letters of any kind;
or any advertisement or solicitation of funds, goods, or services. Account
Holder agrees to limit the subject matter posted, uploaded, etc. to
information directly related to WREGIS Certificates. WECC reserves the
right to monitor and delete any postings deemed inconsistent with its
policies, this Agreement or the Operating Rules. WECC also reserues the
t8
WREGIS Account Holder Registration Agreement
d.
Revised August 8, 2008
right, at its discretion, to terminate access by any user of the Boards who
violates any of the Agreement or Operating Rules. Although WECC will
make reasonable efforts to monitor materials in Boards, in no event does it
as$urne any particular obligation to do so or assume liahility for failing
either to monitor the Boards or to remove specific material.
c, WECC makes no claim or representation regarding, and accepts no
responsibility for, the quality, content, nature, or reliability of sites
accessible by hyperlink from the WREGIS Website, or sites linking to the
WREGIS Website. The linked sites are not under the controlof WECC
and WECC is not responsible for the content of any linked site or any link
contained in a linked site, or any review, changes, or updates to such
sites. The inclusion of any linlt does not imply affiliation, endorsement, or
adoption by WECC or WREGIS of any information contained therein.
When leaving the WREGIS Website, Account Holder understands that
WREGIS'terms and policies do not govern the accessed website, and
Account Holder will review the applicable terms and policies, including
privacy and data-gathering practices, of that website.
(16) Limitation of Liability; Remedies
NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR
DIREGT, GENERAL, SPEGIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL EXEMPLARY, PUNITIVE, OR OTHER INDIREGT
DAMAGES REGARD!.ESS OF CAUSE.
EACH PARTY $HALL BE ENTITLED TO SEEK SPECITIC
PERFORMANCE OF TI.IIS AGREEMENT"
(NT) Passwords
Account Holder agrees to assume sole responsibility for the security of any
passwords issued by WREGI$ to Account Holder for accessing WREGIS.
Account Holder shall restrict and controlthe use, copying, and security of its
username and password to WREGIS among Account Holder's employees and
agents and, to the extent reasonably within its control, prevent access to
WREGIS except by those permified to have access according to this Agreement.
Each Party agrees to immediately notify the other Party of any suspected
unauthorized use of Account Holder's password(s), account, or any other
suspected breach of securi$.
19
WREGIS Account Holder Registration Agreement Reviserl August 6, 2G08
{18) Viruses
WECC shalltalte reasonable efforts to protectWREGIS from being infected by
viruses, including supplying virus protection software. However, WECC assumes
no responsibility, and shall not be liable for viruses that may infect Account
Holdefs equipment or other property on ac@unt of Account Holder's access to
use of any information or the use of WREGIS.
(19) l\lo Asslgnment, Transfer, or Encumbrance hy Account
Holder
Neither this Agreement nor any rights under this Agreement may be assigned,
sublicensed, encumbered, pledged, mortgaged, or otherwise transferred by
Account Holder, in whole or in part, whethervoluntary, or by operation of law,
without the epress prior written consent of IYECC, which consent shall not be
unreasonably withheld.
(20) Force Fllajeure
Neither Party shall be deemed to have breached any provision of this
Agreement, Operating Rules, lnterface Control Documents, or other applicable
agreements or protocois related to WREGIS as a result of any delay, failure in
performance, or intenuption of service resulting directly or indirectly from acts of
God, network failures, acts of civil or military authorities, civildisturban@s, wars,
terrorism, fires, floods, riots, embargoes, transportation contingencies, fuel
shortages, interruptions in third-party telecommun ications, or lnternet equ ipment
or service, other catastrophes, or any other occurrences which are beyond the
claiming Pafty's reasonable control and which, by the exercise of due diligence,
the claiming Party is unable to overcome or avoid or caluse to be avoided.
{21) Default; Remedies; Nonwaiver ol Default
a. Defaull The occurrence of any of the following shall be considered a
"Defaulf':
(i) Account Holder has failed or refused io abide by the Operating
Rules or the lnterFace Control Documents or failed or refused to
perform any of its material duties or obiigations under this
Agreement, other than those set forth below in Sections 21(a){ii),
(aXiii), (aXiv), (aXv), and (a)(vi), which default is not substantially
cured within 15 days after written notice is given to Account Holder
specifying such default; provided however that if the nature of
Account l-lolder's default is such that more than 15 days are
20
WREGIS Account Holder Registration Agreement Revised August 6. 2008
b.
reasonabty required to cure, then such default shall be deemed to
have been cured if Account Holder comrnences such performance
within Said 15 day period and thereafter diligently completes the
required action within a reasonable time thereafter,
(ii) Account Holder fails to pay any of the Fees or other charges due to
WREGIS within 90 days of their due date.
(iii) Acoount Holder, its employees, agents, or contrac'tors alter, tamper
with, intentionally damage, or destroy (1) WREGIS, the WREGIS
Website, oTWREGIS Software or any portion thereof, or (2) the
Data, Output, or other Confidential lnformation of other users of
WREGIS.
(iv) Account Holder uses WREGIS in any manner that, directly or
indirectly, violates any law, rule, code, or regulation or aids any
unlawful act or undertaking.
(v) All or substantially all of Account Hotder's as$et$ are attached or
levied under execution (and Account Holder does not discharge the
same within 60 days thereafter); a petition in hankruptcy,
insolvency, or for reorganization or arrangernent is filed by or
against Account Holder (and Account Holder fails to secure a stay
or discharge thereof within 60 days thereafter); Account Holder is
insolvent and unable to pay its debts as they become due; Account
Holder makes a general assignment for the benefit of creditors;
Account Holder talres the benefit of any insolvency adion or law;
the appointment of a receiver or irustee in bankruptcy for Account
Holder or its assets if such receivership has not been vacated or
set aside within 30 days thereafier; or, dissolution or termination of
existence of Account Holder if Account Holder is not a natural
person.
(vi) Knowingly, intentionally, or with willful ignorance, falsifying or
misrepresenting any Output or Data input into WREGI$ by Account
Holder as required in Section 3(c).
ln addition to the defaults described above, the Parties agree that if
Account Holder receives writen notice of a violation of the performance of
any partioular materialterm or condition of this Agreement three or more
times during any 12-month period, regardless of whether such violations
are ultimately cured, then such conduct shall, at WECC's option, repre$ent
a separate Default.
Remedies. Upon the occurrence of any Default, the Parties shall have
the following rights and remedies, in addition to those stated elsewhere in
?1
WREGIS Account Holder Registration Agreement Revised August 6. 2008
this Agreement and those allowed by law or in equity, any one or more of
which may be exercised without further notice to Defaulting Party:
(l) lf any of the items enumerated in section (a) occurs, Account
Holder is in default and WECC may suspend Account Holder's
access to WREGIS, upon giving 15 days written and/or electronie
notice to Account Holder. lf there is a dispute regarding the
occurrence of a default, the Parties shallfollow the provisions of
Section 24 (Dispute Resolution) to settle the matter. WECC, in its
sole discretion, may reinstate an Account Holder's access to
WREGIS after the account has been suspended for Account
Holde/s Default, upon a determination that the problern that led to
the Account Holder's suspension has been satisfactorily resolved
and payrnent made for allfeeg and late charges (sanctions) due
and owing. There is no limit on the amount of time that WEGC may
suspend an Account. lf the Account Holder passed the date for
his/her Annual Regishation Update while in suspension, the
Account Holder must update Registration Data before all
permissions will be reinstated by the WREGIS Director.
(ii) lf a Party is in Default, the Party not in Default may terrninate this
Agreement as provided in Section 10 (Term and Termination).
(iii) Upon termination of the use of WREGIS, Account Holder shall be
obligated to pay to WECC allmonies due to WECC, which shalt
include any interest and late fees due hereunder.
d. Nonwaiver of Default by accepting partial payment. WECC 's receipt
of less than the full amount qf Fees due shall not be construed to be a
waiver of default but shall be construed as a payment on account then
due, nor shall any statemenl on Account Holde/s check or any letter
accompanying Account Holdefs check be deemed an accord and
satisfaction or a waiver of default.
t22) Waiver
No waiver of any provision, condition, requirement, Default, or breach of this
Agreement will be effective unless setforth in a written instrument executed by
the Party granting the waiver, Any $uch waiver will be effective only in the
specific instance and for the specific purpose for which it is given and will not be
deemed a waiver of any other provision or of the same Default or breach upon
any recurrsnce. No failure to exercise and no delay in exercising any right
(including without limitation any remedy available to a Par$) under this
Agreement will operate as a waiver of such right, nor will any single or partial
22
WREGIS Account Holder Registration Agr€emeni Revised Ausust 6. 2008
exercise of any right preclude any other or further exercise of that right or any
other right.
(23) Governing Law
Except for any state agency or governmental eniity, Account Holders that are
prohibited from using any other state's laws than their own (in which case their
state law without regard to its rules on conflicts of laws shallbe used), or in the
case of a federal government Account Holder federal law shall apply, this
Agreement shall be governed by the laws of the State of Utah without regard to
its rules on conflicts of laws. Unless expressly preempted by the laws of the
United States of America, the Parties expressly agree that the Uniform Computer
lnformation Transactions Act shall not apply to this Agreement.
(24) Dispufe Resof{rfion
ln the event of a dispute, controversy, or claim raised or asserted by the Account
Holder, the Parties shallfollow the following dispute resolution procedures.
a. FIRST STEP. Account Holder and the WREGIS Director shall first atternpt
in good faith to resolve the dispute by informal oral andlor written
discussion(s). The Account Holder shall identify the issues and the reliet
sought.
b. SECOND STEP. lf the Parties cannot resolve the dispute at the First Step
and the Account Holder wishes to further pursue the matter, then Account
Holder shall set forth the dispute in a writing entitled "Notice of Dispute"
and send it, together with any supporting evidence, to the WREGIS
Director. The Notice of Dispute shall in good faith describe the issue(s) in
the dispute, the legal authority or other basis for the Account Holder's
position, the evidence that supports the Party's position, and the remedy
sought. The WREGIS Director (or designee) shall review the written
dispute and confer with the appropriate Account Holder, and WECC to
review and consider the dispute in good faith. The WREGIS Director (or
designee) shall issue to the Parties a good faith written recommended
resolution of the dispute within 15 business days after receipt of the
Account Holder's Notice of Dispute, lf the issues or evidence are
complex, the WREGIS Director may for good cause extend the time for
issuance of a recommended resolution by a reasonable amount of time
not to exceed 20 calendar clays. lf the wREGls Director invokes such an
extension, the reason for the extension shallbe stated in writing and
immediately provided to Account Holder. The written recommendation of
the WREGIS DireAor (or designee) shall include a recornmended
23
WREGIS Account Holder Rsgislration Agreement Revised August 6. 2008
c.
resolution of the dispute together with a good taith informal explanation of
the reasons for the re@mmended resolution. Neither Party shall be
formally bound by the recomrnended resolution nor by any written
submissions they may make to the WREGIS Director, although such
submissions may be entered into evidence at a later dispute resolution
process, if any, including arbitration or litigation.
THIRD STEP. Should the Account Holder disagree with the WREGIS
Director's recommended resolution of the dispute, Account Holder may
appealthe matter in writing to the WREGIS Committee by forwarding a
written "Notice of Appeal'along with the written materials previously
submitted to the WREGIS Director and a copy of theWREGIS Director's
written recommended resolution of ihe dispute. The WREGIS Committee
shall consider and decide the dispute as soon as possible at the next
committee meeting and issue a written decision thereon to the Account
Holder.
FOURTH STEP. Except for any state agency or governmental entity
Account Holder's for which binding arbitration of disputes is not permitted
by law, should the Account Holder disagree with the WREGIS
Committee's decision and wish to further pursue the dispute, Account
Holder may proceed to arbitration on the terms and conditions set forth
below by sending the WREGIS Cornmittee and the WREGIS Director a
written Notice of lntent to Arbitrate, as described below, speciffing the
dispute and the relief sought. The dispute and any related controversy or
claim arising out of or relating to these Terms of Use, or the breach
thereof, or any other claim or controversy between the Parties, shallthen
be decided by binding arbitration administered by the AAA under iis
CommercialArbitration Rules and Supplementary Procedures for Online
Arbitration then in effeet. Judgment on the award rendered by the
arbitrator may be entered in any court of competent jurisdietion. The
Parties shall mutually select one arbitrator with legal expertise in
intellectual property, web-based tracking systems, and/or any one area of
legalexpertise that is substantially involved in the dispute, within 30 days
of instituting the arbitration; otherwise the AAA shall select the arbitrator.
Any hearings will be held in Salt Lake City, Utah, the Parties hereby
waiving any claim or defense that such venue is not convenient or proper.
Neither Party may dispute the validity of this Agreement, the Operating
Rules, the lnterface Control Documents, and/or protocols related to
WREGIS. Any request for emergency or injunctive relief rnay be
submitted under lfls A,Mrs Optional Rules for Emergency Measures of
Protection. The arbitrator shall have no authority to award punitive
damages or any other damages other than specific pedormance, and may
not in any event make eny ruling, finding 0r award that does not conform
to the terms and conditions of these Terns of Use, Unless required by
Iaw or mutually agreed in writing by the Pafiies, neither ParV nor the
d.
24
WREGIS Aceount l{otder R@istretion Agreement Rsvised August 8, 2008
arbitrator may disclose the existence or results of any arbitration
Prisr ts initiating erbitration or rny other form of leoal or equilable
proceedinghereunder.tneParty$eeKingtoarbitrateQrresolveanisst,le
(Demanding Party) ehallgive the other Pa{ et leest 30 daye wriften
Notice of Intent to Arbitrate deseribing the elaim with panicuhriry and ine
amsunt of the cleim as to whiah it intends te initiate the action together
with all supporting documentation available to the Demanding Perty.
Each Party shall be responsible for the payment of all of its defense costs
assoeieted with the resolution of said dispute whether in arbitration or
before a COun 0T law, including but not llmited to any filing fees, arbitrator
feee, attorney fees, and other coste incutred in guch Proooading
F'or (i) State ageney or governmEntal ontity Aeerunt l{nldorE for urhieh binding
arbitretion of dispute is not permitted by law; or (ii) Account !-lolders (x) who are
Balaneing A.uthorities and are Qualified Reporting Entities acting solely in the
capacity of reporting Output on behalf of a Generating Unit that is not owned by
the Qualffied Reporting Entity (e.9. an independent system operator ) and (y)
whose tarlffs specffy a dlspute resotution process which governs the dispute; thE
Account Hotder shallsend the WREGTS Committee and the WREGIS Director a
llilfllil illillll illilllllil illnlilIil illtfliltt llt lltlllil il! flltililil|Iflill
o.
arbitrator may disclose the existence or results of any arbitration
hereunder.
Prior to initiating arbitration or any other form of legal or equitable
proCeeding hereunder, the Party Seeking to arbitrate or resolve an issue
(Demanding Party) shallgive the other Party at least 30 days written
Notice of lntent to Arbitrate describing the claim with particularity and the
amount of the claim as to which it intends to initiate the action together
with all supporting documentation available to the Demanding Perty.
Each Party shall be responsible for the payment of all of its defense costs
associated with the resolution of said dispute whether in arbitration or
before a court of law, including but not llmited to any filing fees, erbitrator
fees, attorney fees, and other costs incurred in such proceeding.
For (i) State agency or governmental entity Account Holders for which binding
arbitration of dispute is not permitted by law; or (ii! Account Holders (x) who are
Balancing Authorities and are Qualified Reporting Entities acting solely in the
capaeity of reporting Output on behalf of a Generating Unit that is not owned by
the Qualified Reporting Entity (e.9. an independent system operator ) and (y)
whose tariffs specify a dispute resolution process which governs the dispute; the
Account Holder shall send the WREGIS Gommittee and the WREGIS Director a
written Notice of lntent for Resolution, specifying the dispute, the relief sought,
and a planned alternative course of astion to resolve the dispute other than the
binding arbitration process specifred in this Agreement.
The Parties agree that neither may bring a claim nor assert a cause of
action against the other, in any forurn or manner, more than one year after
the cause of action accrued, except where the Party could not have
reasonably discovered the tacts giving rise to the claim within one year.
(25) Audit; Continuing DUU to Report Errors; Audit Sf,andard
a. WECC reserves the right to audit Account Holder's relevant records to
verify any information submitted by Account Holder to WECC under this
Agreement. This right shall survive for a period of three years afrer the
expiration or termination of this Agreement and Account HoHer shall
maintain its records in accurate, cornplete, and readable form for at least
that period of time after expiration or termination of this Agreement.
b. The accuracy of all information provided by Account Holder to WREGIS is
of the essence in this Agreement. Account Holder hereby agrees,
represents, and vyarrants that it will use reasonable efforts to ensure ihat
allthe information it, its Agents, or its employees provides to WREGIS
shallto its knowledge be true, complete, and accurate at the time the
information is provided to WREGIS. Should Account Holder discover that
25
WREGIS Account Holder Registration Agreement
e.
f.
g,
h.
Revised August 6, 2008
any information provided or that waE previously provided to WREGIS is
untrue, incomplete, or inaccurate, Account Holder shall immediately notify
the WREGI$ Director in writing of the particular untrue, incomplete, or
inaccurate information and shall provide a true, aecurate, and complete
update of said inforrnation to the best of its ability, as soon as is practical.
This shall be an ongoing obligation of Account Holder during the term of
this Agreement.
{26) Order af Precedence
Any inconsistency in this Agreement, its attaohrnents, the Operating Rules, the
lnterface Control Documents, and each of their respective most cunent effective
versions, shall be resolved by giving precedence in the following order:
{27)
a.
1. This Agreement;
2. Attachment(s) to this Agreement;
3. Operating Rules; and
4. lnterface Control Documents.
Severability
lf any provisions of this Agreement, including any provision of this
Agreement and its Attachments, Operating Rules, and the lnterface
Control Documents, is held to be unenforeeable, illegal, or in violation of a
tariff or legal order of a governmental agency by a court of law or
governmental agency with jurisdiction over the matter, then if the essential
terms and conditions of the Agreement remain valid, legal and
enforceable, such provision shall be deemed severed and shall not affect
the validity of the other provisions of this Agreement, including the other
provisions of the Attachments, Operating Rules, and the lnterface Control
Documents which will at alltimes remain in fullforce and effect.
Further, notwithstanding any other provision of this Agreement, no
provision of this Agreement (including any provision of any Attachment
or other agreement incorporated into this Agreement) shall operate to
obligate an Account Holder which is:
(A) a Balancing AuthoritY, and also
b. (i)
28
WREGIS Account Holder Registration Agreement Revised,August 6, 2008
(ii)
(B) a Qualified Reporting Entity acting solely in the capacity of reporting
Output on behalf of a Generating Unit that is not owned by the
Qualified Reporting Entity
to undertake any action which the Account Holder determines to be
in violation of the Account Holde/s tariff, or of orders imposed upon
such Account Holder by the Federal Energy Regulatory
Commission (.FERG') or other governing agencylentity with
jurisdiction over Balancing Authority-Account Holder.
lf such Account Holder reasonably believes that any portion of this
Agreement might cause or is causing a violation of its tariff or orders
imposed by FERC or other governing entity, then Account Holder
shall deliver to the WREGIS Director written notice, signed by a
senior executive (vice president, president, or person of equivalent
capacity), of Account Holder's determination. This nqtice shallcite
the relevant provisions of the Agreement and of the tariff or orders
forming the basis of the notice. Upon receipt of this notice, the terms
of the Agreement specified in the notice shall be immediately and
temporarily suspended as they apply to this Account Holder.
lf this Agreement's essential terms and conditions are thereby
affected and impaired, the Parties shall meet and confer, within three
business days of such notice, or as otherwise mutually agreed. At
this meeting, which may be by telephone, the Parties shall make
good faith efforts to identi$ a mutually acceptable plan to resolve the
issue, so long as its essentialterms and conditions may be carried
out. The Parties may, for example, develop amendments to the
Agreement (and/or incorporated document), or agree to a waiver of
the provision (subject to Section 22lWaiverl of the Agreement),
explore potentialamendments to the tariff, or undertake any other
actions to resolve the conflict identified by the Account Holder.
ln the event that the Parties are unable to reach a resolution or agree
on a written plan to include action and timelines, within five business
days after the date of the notice, then either Party may terminate this
Agreement for convenience pursuant to Section 10 (c) lTermination
for Convenrbnce by Either Partyj herein, except that the terminating
Party may, at its option, set the termination date to be effective
immediately or for any other time up to 60 days from the date of the
notice of termination; and provided further that any provislon
suspended by the Account Holder's notice will remain suspended
through to such termination.
lf the Parties have agreed upon a mutually acceptable written plan
pursuant to (iii) abovb, but one Parly reasonably believes that actions
(iii)
(iv)
(v)
27
WREGIS Account Holder Registration A,greement Revised August6, 20OB
specified in the plan are not being canied out as agreed, then that
Party may provide written notice to the other Party. That other Party
will have 15 days following the date of the notice within which to
demonstrate to the reasonable satisfaction of the first Party that the
plan willbe carried out as agreed. lf the Party serving notice (i,e. the
first Party) is not reasonably satisfied within the 15 day period, therr
either PaO may, at its option, terminate the Agreement as provided
in the preceding subsection.
(28) Alotices
All notices reguired to be in writing under this Agreement, unless otherwise
provided for herein, shall be delivered in person or by first class, registered, or
certified mail (postage prepaid), or by overnight courier service to the address of
the Party as either Party may specifo in writing. Service shall be effective on the
earlier of aclual receipt or the second business day after the day of mailing (via
first class mail). For service of electronic notice, it shall be deerned received on
the first business day after said notice was seni to the other Party's +-mail
address as designated in writing by such other Party.
(29) Capitalized Terms
Any capitalized terms contained herein that are not otherwise defined herein
shall have the meanings as such terms are defined in the WREGIS Operating
Rules.
(30) Entire Agreement
This Agreement, including any and allexhibits attached hereto, and the
Operating Rules constitute the entire agreement of the Parties and supersede
any preprinted or conflicting terms in any other prior or contemporaneous oral or
written agreements and any and allother communication.
28
WREGIS Account Holder Registration Agreement Revised August 6, 200E
By:
lN WITNESS WHEREOF, WECC and the Account Holder have each caused this
Agreement to be executed by their respeclive duly authorized representatives as
of the date first above written.
WESTERN ELECTRICITY COORDINATI NG GOUNCIL
(signature)
Name:
Title:
(ACeOUNT HOLDER)
ritre: lYlGn(i3i0ri ',filerrrbif _
WREGIS Account Holder Registration Agreemenl Revised Auottst 6. 2009
ATTACHMEi f 1: Definitrons
Account Holder: A WREGI$ Account Holder is a party that has registered
with WREGI$ and has established an Accountwithin WREGIS.
Active Gertifieates: An active WREGIS ceftificate is a certificate that is
held in a WREGIS Active Sub-account. Such certificates may be traded"
transferred, exported, retired, or reserved at the discretion of the holder of
the Active Sub-account or their agent.
Active Sub-account: The Active Sub-account is the holding place for all
active WREGIS certificates, lf the Account Holder has Generating Units
associated with the account, or is the designated representative of a
Generating Unit owner, its Active Sub-account will be the first point of
deposit for any WREGIS certiflcates created that are associated with the
Generating Unit lD number, unless the certificate is subject to a Forward
Certificate Transfer. An Active Sub-,account may be associated with one or
more Generating Units.
Affiliate: An Affiliate of an entity is any entity that (1) is (a) a subsidiary of
such entity or (b) any partnership, limited liability company or joint venture 0r
other form of entity which aets cornmercially in which such entity or any
subsidiary thereof is directly or indirec'tly a partner, member, or venturer; or
(2) directly or indirectly controls, is controlled by, or is under common control
with such entity, including any limited partnership of which such other entity
or any Affiliate thereof iS the general partner. For purposes of this
Agreement, a ten percent or greater ownership interest shall be deemed to
constitute a rebuttable presumption of "control." An entity controlled by or
operating as a unit, agency, or subdivision of a local, state, or provincial
gevernment or the federalgovernment shall not be considered an Affiliate of
any other entity controlled by or operating as a unit, agency, or subdivision
of the local, state, or provincial govemment, or a federal govemment.
Agent: An entity outside of the Account Holde/s organization that has been
authorized by the Account Holder to act on its behaffwithin WREGIS.
Assignment of Registration Rights: The proess by which the owner of a
Generating Unit can assign the right to register that Generating Unit in
WREGIS to another entity.
tsalancing Authority: The area operator that is responsible fcr matching
generaticn and ioaei, for maintaining scheduied interchange witl-t other
balancing authority areas, and for maintaining the frequency, in real'tlme, cf
30
WREGTS Account Holder Registration Agreement
a.
b.
d.
e.
f
g.
Revised August 6, 2OoB
h.
the electric power systems.
Certificate: The term "Certificate," as used in this document, refers to a
WREGIS Certificate. A WREGIS Certificate represents all of the renewable
and environmental attributes from one MWh of electricity generation from a
renewable energy Generating Unit registered with the WREGIS tracking
system or a certificate imported from a Compatible Certificate Tracking
System that has been converted to a WREGIS Certificate. WREGIS will
create exactly one Certificate per MWh of generation that occurs from a
Registered Generating Unit or that is imported from a Compatible Certificate
Tracking System. Disaggregation of Certificates is not currently allowed
within WREGIS.
Compatible Certificate Tracking System (Compatible Registry and
Tracking System): A Compatible Certificate Tracking System is a
generation tracking system that has an operating agreement with WREGIS
regarding the Conversion and transfer of certificates between tracking
systems pursuant to a protocol developed between the WREGIS Director
and the Director of the other tracking system for converting certificates from
another tracking system into WREGIS certificates.
Gonfidential lnformation. lnformation treated as Confidential !nformation
is listed in Section 13. B. Confidentia! lnformation does not include
information which can be established by written documentation (1) to have
been publicly known prior to submittalto WECC; (2) to have become
publicly known, without the fault of WECC, subsequent to submittalto
WECC; (3) to have been received by WECC at any time from a source
other than Account Holder, so long as with respect to information submitted
by a third party WECC has no reason to believe that the third party (a) is
not lawfully in possession of the information or (b) is in violation of any
contractual, legal, or fiduciary obligation to Account Holder with respect to
the information; (4) to have been independently developed by employees
or agents of WECC without access to or use of such information disclosed
by Account Holder or their agents to WECC; (5) is common technical
information; and (6) to have been submitted to WECC by the Account
Holder for purposes other than those relating to this Agreement and not
othenruise protected by a confidentiality obligation.
Conversion: A process by which certificates from a Compatible Certificate
Tracking System are made available for import into WREGIS. The process
involves designating the certificate as exported from the Compatible
Certificate Tracking System according to the protocolagreed upon jointly by
the Director of the Compatible Certificate Tracking System and the WREGIS
Director. After such designation is made, the WREGIS Director will issue a
corresponding WREGIS Certificate that can be used within WREGIS.
i.
31
WREGIS Account Holder Registration Agreement
k.
Revised August 6, 2008
Gustomer-Sited Distributed Generation: Distributed generation is a
parallel or stand-alone electric Generating Unit generally located in or close
to a load center or customer's site (near the point of consumption) and on
the customer's side of the meter. The generation produced by the
distributed generation Generating Unit is used to provide electricity to the
customer for a portion of its load. For WREGIS purposes, these are
typically smaller installations such as those located on residential premises.
m. Data: Data means all recorded information, including Output and
Confidential lnformation, regardless of form or the media on which it may be
recorded that is submitted to WECC and WREGIS pursuant to this
Agreement.
n. Dynamic Data: Dynamic Data is variable information that is associated
with a specific MWh from a registered Generating Unit, such as Certificate
seria! number or date of generation.
o. Export Sub-account: The Export Sub-account is the Account Holder's
designated sub-account for Certificates that have been exported out of
WREGIS to a Compatible Certificate Tracking System. WREGIS Account
Holders may have multiple Export Sub-accounts corresponding to the
various compatible tracking systems to which exports are made.
p. Forward Certificate Transfer: Normally, the first point of deposit for
WREGIS Certificates is the account to which a Generating Unit is
associated. With a Forward Certificate Transfer, the Account Holder to
which the Generating Unit is registered requests that the Certificates be
directly deposited into one of their own Export, Retirement, or Reserve
Subaccounts or into another WREGIS Account Holder's Active Subaccount
when the Certificates are created. As a result, the first point of deposit for
Certificates subject to a Forward Certificate Transfer is their other specified
sub-account or the specified Active Sub-account of another Account Holder.
After this initial deposit, Certificates subject to Fonrrrard Certificate Transfers
shall be treated like any other Certificate for all purposes.
q. Generating Unit: Any combination of physically connected generators,
reactors, boilers, combustion turbines, and other prime movers operated
together to produce electric power. When a single facility is electrically
interconnected to the utility utilizing a single meter, but represents multiple
Generating Units of the same renewable generating technology and fuel
type, such facility may be registered and reported as a single Generating
Unit within WREGIS.
r. Generator Owner: The persons or legal entity that owns Generating
Unit(s).
32
WREGIS Account Holder Registration Agreement Revised August 6, 2008
u.
v.
w-
v.
lnterface Control Document (lGD): An lnterface Control Document
contains the protocolfor collecting and transferring data from other
computer systems to the WREGIS application for the purposes of
integrating data between the two systems in question. The lnterface Control
Document identifies the data formats, guidelines and processes that must
be met in order for the data to be effectively transferred and accepted.
Examples of lnterface Control Documents that will be used in WREGIS are
the Qualified Reporting Entity ICD (found in Appendix D of the Operating
Rules), State, Provincial and Voluntary Program ICD (found in Appendix C
of the Operating Rules) and the WECC Billing System lCD.
Output. Output shall mean reported renewable generation data from a
Registered Generating Unit contained in standardized data files delivered to
WREGIS by Qualified Reporting Entities, or by Account Holders, or by
designated reporting entities using protocols described in an lnterface
Control Document, or a Self-Reporting lnterface.
Person: A person includes any natura! person, firm, association,
organization, partnership, corporation, limited liability company, district,
province, county, city and state, and any of the agencies and political
subdivisions thereof.
Qualified Reporting Entity: An organization providing renewable Output
on a unit-specific basis for the purpose of creating WREGIS Certificates that
has met the Qualified Reporting Entity Guidelines established in the
WREGIS Operating Rules and agreed to in the lCD.
Registered Generating Unit: A Generating Unit that has registered its
facility with the WREGIS Director
Registration: The act of filling out the forms, providing required documents
and paying Fees necessary to establish an Account or register a Generating
Unit in WREGIS. Such forms may be obtained from the WREGIS Director.
Renewables Portfolio Standard (RPS): Generally, a Renewables Portfolio
Standard is a legislative or administrative requirement on electrical utilities,
wholesale markets, or load-serving entities in a jurisdiction to include a
designated percentage of renewable electricity in their generation/retail
portfolio.
Retirement Sub-account: A Retirement Sub-account is used as a
repository for WREGIS Certificates that the Account Holder wants to
designate as retired and remove from circulation. Once a Certificate has
been transferred into a WREGIS Retirement Sub-account, it cannot be
transferred again to any other account or Subaccount.
33
WREGIS Account Holder Registration Agreement Revised August 6, 2008
aa.Retirement of Certificates: Retirement of Certificates is an action taken to
remove a Certificate from circulation within WREGIS. The WREGIS
Account Holder may initiate retirement for Certificates in its own account(s)
or the WREGIS Director can forcibly retire any Active Certificates for cause.
Retirement is effectuated by transferring Certificates into a Retirement Sub-
account.
bb.Self-Reporting lnterface: A Generating Unit Self-Reporting input screen
within the WREGIS application which allows Self-Reporting Generating
Units to manually enter their Generating Unit output. The protocol for
entering data via Self-Reporting lnterface will be documented in the
lnterface Control Document for Reporting Entities (Appendix D of the
Operating Rules).
cc.Standing Order Transfer: A recurring, automatic transfer of WREGIS
certificates from an Account Holder's Active Sub-account to one of their
other sub-accounts, or to an Active Sub-account held by a different Account
Holder.
dd.Static Data: Static data is distinct from Dynamic Data and describes the
attributes of the Generating Unit that do not change based on actual
operation. Static information is entered at Registration and generally
includes information related to the characteristics of the generation facility
such as technology type, ownership or location, See Appendix B-1 and B-2
of the Operating Rules for a list of WREGIS Static Data Fields.
ee.WECC: The Western Electricity Coordinating Council (WECC) is a regional
forum for coordinating and promoting regional electric service reliability in
Western Canada and the Western United States. lts service territory
extends from Canada to Mexico including the provinces of Alberta and
British Columbia, the northern portion of Baja California, Mexico, and al! or
portions of the 14 western states in between. The States that are fully
included in WECC are: Washington, Oregon, California, Nevada, ldaho,
Utah, New Mexico, Arizona, Colorado, Wyoming, and Montana. Texas,
South Dakota, and Nebraska are partially included within WECC. A map of
WECC can be found at
http://wm,v.wecc.bizldocumentsiconstant/nerc int.pdf. All references in the
Agreement to WEGC as a "Party" to this Agreement shall also be deemed to
apply to any duly-selected successor in interest to WECC, if any.
ff. WECC Staff: The WECC Staff means those employees of WECC,
including personnel hired by WECC or on behalf of WREGIS on a
contractua! basis, designated as responsible for the administration of
WREGIS.
34
WREGIS Account Holder Registration Agreement Revised August 6, 2008
gg. Western lnterconnection: The interconnected electrical systems that
encompass the region of the Western Electricity Coordinating Council of the
North American Electric Reliability Council. The region extends from
Canada to Mexico. lt includes the provinces of Alberta and British Columbia,
the northern portion of Baja California (Mexico), and all or portions of the 14
western states in between.
hh.WREGlS Director: The WREGIS Director is the individual hired by WECC
with the authority to oversee the administration and implementation of
WREGIS, and its Operating Rules and lnterface Control Document on
behalf of WECC.
ii. WREGIS Softvvare: Certain software comprising part of WREGIS, including
related source code, interface, and software applications but not hardware.
ii. WREGIS Website: The related collection of web pages and interfaces
associated with WREGIS that is accessible via the lnternet.
35
WREGIS Account Holder Registration Agreement Revised August 6, 2008
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Gregory M. Adams (lSB # 7454)
Richardson Adams, PLLC
515 N. 27ft Street
P.O. Box 7218
Boise,ldaho 83702
Telephone: [phone] I
Fax: [phone]
peter@richardsonadams. com
sreg@ richardsonadams. com
Attomeys for Complainant
GRAND VTEW PV SOLAR TWO, LLC,
Complainant,
vs.
IDAHO POWER COMPANY,
Respondent.
BEFORE TIIE
TDAHO PUBLIC UTILITIES COMMISSION
Case No. tPC-E-l l-15
GRAND VTEW SOLAR PV TWO,
LLC's RESPONSE TO ORDER NO.
3286r
Exhibit No. 2
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Peter J. Richardson (lSB # 3195)
Gregory M. Adams (lSB # 7454)
Richardson Adams, PLLC
515 N.27ft Street
P.O. Box 7218
Boise, tdaho 83702
Telephone: [phone]
Fax:[phone]
oeter@richardsonadams. com
sres@richardadsonams. com
Attorneys for Complainant
GRAND VTEW PV SOLAR TWO, LLC,
Complainant,
vs.
IDAHO POWER COMPANY,
Respondent.
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
Case No. IPC-E-11-15
GRAND VIEW SOLAR PV TWO,
LLC's RESPONSE TO ORDER NO.
32861
Exhibit No. 3
Pre-Certifi ed Eligible for California' s
Renewables Portfolio Standard
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Peter J. Richardson (lSB # 3195)
Gregory M. Adams (lSB # 7454)
Richardson Adams, PLLC
515 N. 27tr Street
P.O. Box 7218
Boise,ldaho 83702
Telephone: [phone]
Fax: [phone]
peter@richardsonadams. com
gre g@ richardsonadams. com
Attomeys for Complainant
GRAND VIEW PV SOLAR TWO, LLC,
Complainant,
vs.
IDAHO POWER COMPANY,
Respondent.
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
Case No. IPC-E-I l-15
GRAND VIEW SOLAR PV TWO,
LLC's RESPONSE TO ORDER NO.
32861
Exhibit No. 4
Memorandum of Amended and Restated Solar
Park Lease Agreement
EXHIBIT B
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Grand Mew PV Solar Two, LLC
Attn: Peter Richardson
515 N. 27s Street
Boise, ldaho 83702
(Space above this line for Recorder's use only)
THIS MEMORANDUM OF AMENDED AND RESTATED
AGREEMENT is made and entered into as of
SOLAR PARK LEASE
2O12, by and
between J. R. Simplot Company ("Lesso/'), and Grand View PV Solar Two,
LLC('Lessee").
WHEREAS:
A. On the date hereol the Parties have entered into an Amended and
Restated Solar Park Lease {greement (the "Agreement') forthe use and purposes of
solar energy development and related rights, fansmission lines and facilities installation,
solar and weather monitoring and access on and across certain land which is more
particularly described in Exhibit A attached hereto and incorporated by this reference
(the "Propertf):
B. The term of the Agreement (the'Term"), shall begin on the Effective Date
and shall continue for twenty five (25) years from the commencement of Commercial
Operations (the "Commercial Operations Date'); on the last day of such twenty five (25)
year period the Agreement shallexpire (the.Expiration Date'). As used herein, the term
"Commercial Operations' shall mean the first production and sale of solar energy or
energy cledits by Lessee or its successors or assigns on the Property or any portion
thereof. Either party may file a supplemental memorandum of the Agreement setting
forth the expiration date of the Term. ln addition, the parties agree that Lessor may file a
notice of termination of this Agreement upon the expiration of the term or in the event of
earlier termination of the Agreement.
C. The Parties desire to enter into this Memorandum of Amended and
Restated Solar Park Lease Agreement which is to be recorded in order that third parties
may have notice of the lease of the Propefi and of the existence of the Agreement.
I
I
I
I
I
I
17
I
lN WTNESS WHEREOF, the Parties have executed this Memorandum of Solar
Park Lease Agreament as of the date set forth above.
J. R. Simplot Company
Q. -q-^\o/
18
NOTARIAL ACKNOWLEDGMENTS
Feb, 4 , 2o-!-\ before me, the undersigned
) ss.
)
On
.t
,J
I
:
stateot v ha' t
Coung ot f tz l
2O_/& , before me, the uMersigned
known
to me or proved to me on the of s-atisfactory evidene to be the person(s) whose
name(s) is/are subscribed to the within insfrument; and ac{<nowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/herftheir signature(s) on the inslrument the person(s), or the entity upon behalf of
which the pereon(s) ac'ted, executed the instrument.ev tu;
19
State of Deho
County of.Ado
Notary Public, personally D , ,appeareo -"' lG berf P@tr l personalty known
to me or proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) islare subscribed to the within instrument; and acknowledged to me that
he/she/they executed the same in his/herfthelr authorized capacity(ies), and that by
his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of
wtrich the person(s) acted, executed the instrument.
-(sF n ll i )A*^cn a-tntrs
,^ . My commiesibn Expires: 2 rq ,!2J
$
Expires: /AJ_?_Jfuz
EXHIBIT C
EXGEPTIONS TO LESSOR'S FEE TITLE OWNERSHIP OF THE PROPERTY
scrED(trE o y'ltoo)ltl
oatEoFR,trY ArdlratoFlEuRrr{c!: PErlur^lf,ll{T," EJ
I. Name of lnsur6d:
J.R. SIM}LOT COMPAMY
2. Tho estatg or lnter6t in ths land $filch is covgred by thls Pollq, l8i
IIEE SI!{PLB
3. TItl€ to thB estale or lntsrest in the land is vetted in:
J.R. SIWI.OT COXPAIIY
4. The land hsreln do6dib6d ls encufl$ered by ths followlng mortgagg or lrust deed, and assigrmeols:
NONE
and lhs nrortgages or lrusl doeds, il any, slrcuvn in Schectule B hffoof.
Ths land relened lo h thls Pollcy is d€scrlbed as follows:
TRACT I
TOI{.\!sIIIP 4 SOUTH, MNGE 1 EAST, BOI,SE NERIDIAI{'
sBcTr,oN 3tr stsEl
TOlIlrsHtP t SOlIlH, RAIGE 4 EAST' BO1SE HERIDTAN,
sBcrION 4: NtilSWl
SEcrIoN 5: Blswl, sHlsxl,
AND LOT 4
SEOIIoII 6: LoTS t ANII 2
Tf,ACI IT
TOI0IISHIP 5 SOUIH, RANGE 4 EAST,
SECTION 6:
SECTION 7..
SECTION 8:
ELUonE cot ilry, tDAI(o
EIJ{ORB COIJNTY, IDAIIO
sEt , SlNrdl, Nr{}sl0l
BOISB MERIDI.AN, ELI{ORE COUI'}IY' IDII.SO
slNEt, SEI
BINSI
Nl
S6tIEDI'LE A
OlYtlara Form
8€order Form No. mBo Gs. l/Bg)
fth Pollcy volld only ll Scftlduls B ftB attrhad.
17 4704v
EXHIBIT C
Gon't.
oL94-89-572
13 0194 93 000562
SCHEDULE B
Follcy l{umb*:otmra
ErcEPn(nl8 r"O* g6vSnAOE
Ihls poflcy doee not lnrure agalntl bs. or damagc (and [ie Conpony rlrfll not pay ooels, atlomeye' leee or erpamae) whloh arhe
by rrsson oft
Ocll{tl Exccpllonr:
(1) Rlghts or clalmo of porlleg ln poseesslon nol shorvn by lhe puula rseords.
(a Enoroachmonis. ovodags, boundary llne dlapdea. ard en, olh€r matl€rB wtrlch rroold bs ditcloaad by an accut"ls guwqy
or hspedion of lhe promlsec lhcludlng, but not lhnad t(', hrufilclont o, lmpakEd scce8l, or mEttors conitadlctoty lo eny
suruoy plat rhorvn by dto pubffc r€cordi.
O Ersammta, or clslms ol .as.mon6, not 3hown by fie p.t[c recordr.
(41 Any ll6n, or righl to a llcn. lor serulc*, labor. o, malorisl horotolor€ or herEfl€r furnlEhod, lmposod by law and not thown
by lho puUlc recoda
(6) (a, Unpatontod mlolng c'latm; (b) re6eNallono or erc€ptloosln palsnts orin AcdE aulhorlzlng ths lseuBncg ttlereof, (clw.ter
rlghtc, clalme or tltl6 lo w8ter, whe0rer or not th€ manors ercqled und6r (a). (b), or (c) aro shown by the publlo recordc'
(6) Taxor or tpeotEl a$r€qilngols whioh ar€ not itroun ea exlgilng llans bt, tha r€oodl ol Bny tarlng Edhorlty lhat l6vl6 laxat
or e6s€€6ments on roel ptopsrty or by the publlc rrcords. Proa€edlngo by a Publlc sgoncy whlch mry toault ln laxs! or
asBoBsmenlr, or notlcoa of such proce;dlngi, ntrether or not Bhosn by lha t6corda ol ruch agency or by the publlo tscordE.
Sp6cLl Exc.ftlon.i Thc mongrgo. lf rny. rcbncd io ln llom 4 of Schedule A.
1. Gsneral Earee for Ehe yeor 1990, which. are s lien and are rrot yat
due or payable.
2. Reservatloue and terEg as Eet forward ou Deed fron hllLson Land
corpany, Ioc., Eo Tbooaa T. Nlcholeoo and Dlaae Nlcholsou, husba$d ald
wtfe, and Carl V. Nlcholeon, a olngle ilarri recorded !{arch 13, 1974 aeIrstr$nent No. t57236, recordg of P.lrore County, Idaho.
3. Subordinaclon Agreonent betneen Thomae T. Nleholson and DianaNlcholaon. hueband and wife, and Carl U. Nlcholson, a sLngle nan; and
Jaek ['1. Eolland' a aingle nan; recorded Mareh l?t lg74 ae fustruuent No.
1t7237, records of Elmote Couuty, Idaho; plth refereuce to [oter lfcense
and saeer ElBhEs.
4. Pouer Llne Easeuc,nt deEed llerch 17' L975, grauted by Totl
Nlcholeon and Elana Nlcholso,n, hushard eud wlfe, to [daho Pouer Corpany,a corporaElotr: Eecorded June f0. 1975 ac IoettilEent [o. 163716, recordsof Eluore County, Idaho; over and acroas SlsBl' Sec. 31, T4S, R4E,8.M.,
Elnore CouaEy' fdaho.
5. Power Llne EaeeDeot alated Herch 22t 1975. Sranted by Tom
NlcholEon and C. E. l{l,cholson, Jr. to Idaho Power Goopanyr a
corporatiodi rEcorded Septeuter 25, t975 aa lratrurelE No. 16493?'
recorda of Elmore CouEty, Idehol over aud across the F.ast 25 foet, aleo
Ehe Norch 25 feet of the East 300 feet of the sElNl{l, Sec. 5, T5S. R4E,
B.M., Elnorc CouEtyr tdaho.
SCHEOULE B (BTAIIOARO GOVEnAGE,
olrreE Fflm - l9{I7
Feord€r FoIm No. 9t28 (Fev. 189)
Sei.dutc B ol lhb Pollary coElslt o,
18 47O4v
EXHIBTT C
Gon't.
0194-89-5i2
13 0194 93 000562
SPECIAT EXCEPTIONS CONTTNUED
6. Power Llne Easement dated Aprtl 9, 1975, greuted by C e T
Ranchee, Inc., to ldaho Power Corpany, a corporatlon; recorded Herch 5,
1976 as InstruoeDt No. l67t5l, recorde of Elmore CounEy, Idahol over and
acroBe the North I0 feet of the NtrlSEi and the NElSEl; rhe Eaet 25 feetof the NEtSEt and Ehe $ElSEl, all ln $ee. 5i the East 25 feet of the
NEINE} of Sec. I and a 25 Foot strtp of land lytng on che North alde ofthe Nl,rlSWl of Sec. 4 exteEdlng 50 fact Eaet from the qrrar:teE corner
colunon Eo Seculons 4 and 5; all thls property located in'll5S, R4li, 8.H.,
Elmora County, Idaho.
7. Power Llnc Eaeenent Branced by Ton Nlcholson and Dlnnn Ntclroleon,
Itusband aud w-lfe, co ldaho Power Coupanyr rr eorporat.lou; recorded furgust4, 1976 as InsErunent No. 159609, records of Eluore County, Idabo, overand across a portlon of Sec. 6, T5S, R4E, 8.M., more portlculsrrty
deecrlbed as beglnutng at lhe North quarter corner; Eherrce tho Weet l0
Eeet of the EasE HaIf of Sec. 6 for a dletance of 3600 Eeet.
8. Power f,lne Easement EranEed lry Tou Nlcholson and Dlaoa NLcholson,hla wlfe, Eo Idaho Po{er Coupany, a corporationl recorded Auguut 4, 1976aa lnstrumerit No. 169610, recorda of ltrlnrore L'ountyl ldaho, over, on entlircross rhe NElSEltrIWl , sec. 5, T5S, R4E, B.M.
9. Power Llne Eaeement dsted.Iuly 22, 1981, granted by C-T Ranches,fnc. r Eo Idaho Power Courpanyr o corporaEtotr; recoraled Novenber 4, lgElas InsErument No. 205544, recordg of Elnore County, Idaho; over and
ileroaEr the Soutb 5 feet of UWtSllt of $ee.4, T5S, R4E, B.ll.r Elmore
County, fdaho.
10. Fower LLoe Easeuent dsted Hay 23, 1984, granted by Ioo Nteholeon
aod Dlana t{i,choleon, to Idaho Power Compatry; recorded $eptember 27, 1984as Inatrument No. 224724, recordr of Ehore Councy, Tdaho; ovcr and
across tbc 6WlNl{t, Sec. 5, T5S, R4E, Elmore County, rdaho.
tI. Powet Llne Easenent dated January 23, 1987, granted by Ton
Ntcholson and Dlane Nlcholson to tdaho Po$er Conpany, a corporation;recorded June 24, L987 as lBstruqenE No, 24L674, recorde of Elmore
Countyl fdaho; on, over and aeroaa tbe SEI of Sec, 6, '[5S, R4E, B. M.
19 4704v
Peter J. Richardson (tSB # 3195)
Gregory M. Adams (ISB # 7454)
Richardson Adams, PLLC
515 N.27ft Street
P.O. Box 7218
Boise,ldaho 83702
Telephone: [phone]
Fax:[phone]
oeter@richardsonadams. com
sre sfa ri chard son adams. c om
Attorneys for Complainant
GRAND VIEW PV SOLAR TWO, LLC,
Complainant,
vs.
IDAHO POWER COMPANY,
Respondent.
BEFORE TTIE
IDAHO PUBLIC UTILITIES COMMISSION
Case No. IPC-E-l l-15
GRAND VIEW SOLAR PV TWO,
LLC's RESPONSE TO ORDER NO.
32861
Exhibit No. 5
Elmore County Conditional Use Permit
vAR-2010-10
BEFORE TIIE PLAIYNING AI\[D ZONING COMMISSION
OF ELMORE COI]NTY
IN RE: VAR-2010-10
Variance for lot
Coverage in Agriculture
Zone
FINDINGS OF FACT
CONCLUSIONS OF LAW
AND ORDER
Applicanh )
Grand View Solar PV Two' LLC
515 N. 27th Street
Boise,ID 83702
This matter having come before the Planning and Zoning Commission of Elmore
County, on the 15m day of December, 2010, for a public hearing, held pursuant to public
notice as required by law, on a request for a variance oflot coverage for a proposed solar
generating facility at SW1/4 of NE1/4 &.Wllz of SEI/4 of Section 6, Township 5 South,
Range 4 East, B.M., in a Agriculture (Ag) zone.
The Commission heard from the applicant and representatives in support of the
application. The Commission received written testimony, information, and exhibits both
to the application. Upon conclusion of all public hearings, the Commission duly
considered all that was presented to them from the public hearings held before them.
Based upon all this information, the Plaruring and Zoning Commission now makes the
following Findings of Fact and Conclusions of Law:
t.
FINDINGS OF FACT
The applicant has applied for a variance oflot coverage in an agriculture zone
for a proposed solar generating facility at SWI/4 of NE1/4 & Wl/z of SEI/4
of Section 6, Township 5 South, Range 4 East, 8.M..
Notice of public hearing has been given.
The property in question is zoned Agriculture (Ag), pursuant to the Zoning
and Development Ordinance of Elmore County. The property is designated
general agriculture/grazing "Ag" in the duly adopted Comprehensive Plan.
Relevant criteria and standards for consideration of this application are set
forth in the Zoning and Development Ordinance Section 6-3-10 and Idaho
Code $ 67-6516.
The existing land uses in the immediate area of the property in question are
agriculture and BLM.
Special conditions and circumstances do not exist which are peculiar to the
land involved and which are not applicable to other lands in the same district
2.
3.
4.
5.
6.
FCO VAR-2010-t0 Approved
and would not therefore prevent compliance and establish undue hardship for
the owner. The Commission has granted a similar variance to the north of this
property along Simco Road.
7. Special conditions or circumstances do not exist that were not a result of the
applicant's action. By increasing the lot coverage on this property the existing
agriculture operations on irrigated grounds directly to the northwest will be
better preserved.
8. The applicant has demonstrated a hardship as required by the zoning code.
The Commission granted a similar variance to the north of this property
located along Simco Road.
9. That granting of the variance requested shall not confer on the applicant any
special privilege that is denied by the Zoning and Development Ordinance to
other lands, structures or buildings in this same distict under the same
circumstances. A similar project was approved one (l) mile to the east in
March 2010.10. That the granting of the specified variance will not be detrimental to the
public's welfare or injurious to other property in the area in which the
property is situated. No agency made any comments stating that the variance
would be detrimental to the public health, safety and welfare.
1 l. That such variance will not have the effect of altering the interest and purpose
of the Zoning and Development Ordinance and the County's Comprehensive
Plan.12. The variance request is in conjunction with a conditional use permit (CUP)
application for a solar electical generating facility.
13. The variance is in harmony with and in accordance with the Elmore County
Comprehensive Plan and this Ordinance (Title 6).14. Variance is required when the lot coverage is more than 25 percent as per the
Zoning and Development Ordinance Table 6-8-12(a).
Based on the foregoing FINDINGS OF FACT, the Elmore County Planning and
Zoning Commission hereby makes the following:
CONCLUSIONS OF LAW
I . The requirements of Idatro Code Section 67-6509 have been met.
2. The action taken herein does not violate Chapter 80 of Title 67 of the Idatro Code.
3. The applicant has met the requirements of Elmore County Ordinance Section 6-3-
10.
Based on the forgoing CONCLUSIONS OF LAW, the Elmore County Planning and
Zoning Commission hereby enters the following:
ORDER
The application for a request for a variance oflot coverage for a solar generating
facility at SWl/4 of NEl/4 &WLlz of SE1/4 of Section 6, Township 5 South, Range 4
East, 8.M., should be and is hereby GRANTED pending approval from the Elmore
County Board of Commissioners.
FCO VAR-2010-10 Approved
CHAIRPERSON PATTI OSBORN
VICE CHAIRPERSON K.C. DI.JERIG
DEBBIE LORD
RUSTY TRAIL
BETTY VA}.I GTMLUWE
SUE FISH
JIM MARTIN
ED OPPEDYK
VOTED AYE
VOTED AYE
VOTED AYE
ABSENT
VOTED AYE
VOTED AYE
VOTED AYE
VOTED AYE
*Effective at 12:01 A.M. on te /{/L dav ot danuar)t zOtt
DATED this Sl4. day of danuaZ.tt 20lt
A decision made by thc Elmore County Planning and Zoning Commission may be
appcalcd to the Board of Elmore County Commissioners provided the appcal is submitted
in writing to said Board within tcn (10) calendar days of Commission action. Questions
concerning appeals or deadlines should be asked of the Elmore County Growth and
Development Department or the Elmore County Clerk.
FCO VAR-2OIGIO Approvcd
Reviewed and approved on this day of
Elmore County Board of Commissioners
Arlie Shaw, Chairman
Wes Wooten, Commissioner
Al Hofer, Commissioner
2011 by the
FCO VAR-201G10 Approvcd
Alan Chrlsty
Dfuectu
Bob Yt/lnterfeld
Building Off'r,ial /
Codo Enfol'cer
Beth Bresnahan
Planner I
Kacsy Hultenius
Adminidratin
Assislanl
520 East 2d South Street
Mountain Home, lD 83647
Phone: [phone] exf,2il
Far [phone]
November 7,2011
Grand View PV Solar Two, LLC
515 N. 27h Street
Boise, lD 83702
Re: Legal Description for CUP-2010-16 and VAR.2010.10
To Whom lt May Concem:
The purpose of this letter is to provide clarification to some possible discrepancies for the legal
descriptions of an approved project for a solar farm for an electrical generating facility, case
numbers CUP-2010-16 and VAR-2010-10. The department understands that the approved
FCO's for this project do not show the same legal desoiption identified on the attached site
plan. However, the department can find no problem with the location identified on the attached
site plan for this project for the following reasons:
1. The public hearing announoement attached to this letter encompasses the area on the
attached site plan.
2. The project is still located on the same paroel of ground. The project will still be located
on parcel RP05S04E061810. This is the approved parcel for the mentioned CUP and
Variance. Therefore, the department will recognize the legal description as S1r2 NEl/4,
SElr4, Section 6, Tournship 5 South, Range 4 East, B.M. Totaling an approximate
area of 240 acres.
Please contact the department if you have any questions regarding this letter.
Elmore County Growth and Development Department
ffi
Dirsctor
Elmore County Growth and Development
Attachments:
1. Map for Public Hearing Announcement
2. Grand Vlew site plan
CC: Bryan Appleby, P.E.
3832 S. Montague Avenue
Meridian, lD 83642
Iiili- l",- tI ::-:i
?{j13 fi{JS -5 i}i{ tl: r+2
Peter J. Richardson (ISB # 3195)
Gregory M. Adams (ISB # 7454)
Richardson Adams, PLLC
515 N.27ft Street
P.O. Box 7218
Boise,Idaho 83702
Telephone: [phone] I
Fax:[phone]
[e-mail]
gre g@ richardsonadams. com
Attorneys for Complainant
GRAND VIEW PV SOLAR TWO, LLC,
Complainant,
vs.
IDAHO POWER COMPANY,
Respondent.
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
!:", : i ii 1
i i'5-;, '1'.., -'. --i - ,'_j:.r_-l l. " r I
Case No. IPC-E-11-15
GRAND VIEW SOLAR PV TWO,
LLC's RESPONSE TO ORDER NO.
32861
Exhibit No. 6
Elmore County Conditional Use Permit
cuP-2013-02
BEFORE THE PLANNING AND ZONING COMMISSION
OF ELMORE COUNTY
lN RE: CUP-2013-02
Conditional Use Permit
For a Solar Electrical
Generating Facility
FINDINGS OF FACT
CONCLUSIONS OF LAW
AND ORDER
Applicant:
Grand View Solar PV Two, LLC
515 N.27th Street
Boise, !D 83702
This matter having come before the Planning and Zoning Commission of
Elmore County, ldaho, the 6th day of March, 2013, for a public hearing, held
pursuant to public notice as required by law, on a request for a Conditional Use
Permit for a proposed solar electrical generating facility. Property is located in
SE1/4 of Section 6, Township 5 South, Range 4 East, 8.M., and is zoned
Agriculture (Ag). The Commission heard from the applicant in suppoft of the
application. The Commission received written testimony and information in
regards to the application. Upon conclusion of the public hearing, the
Commission duly considered all that was presented to them. Based upon all this
information, the Planning and Zoning Commission now makes the following
Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
The applicant has applied for a Conditional Use Permit for a proposed
solar electricalgenerating facility in SE1/4 of Section 6, Township 5 South,
Range 4 East, B.M.
Notice of public hearing was sent to surrounding property owners and
agencies on February 8, 2013, published in Mountain Home Newspaper
on February 1 3, 201 3 and posted on property on Febru ary 26,2013.
The property in question is zoned Agriculture (Ag), pursuant to the Zoning
and Development Ordinance of Elmore County.
The property is designated general agriculture/grazing "Ag" as a land use
classification in the duly adopted Elmore County Comprehensive Plan.
The existing land uses in the immediate area of the property in question
are agriculture and BLM.
The proposed conditiona! use will, in fact, constitute an allowed conditional
use in that zone, as determined by the Land Use Matrix and Zoning
District regulations Chapter I of the Elmore County Zoning and
Development Ordinance.
1.
2.
3.
4.
5.
6.
FCO CUP-2013-02 Grand View Solar PV Two, LLC Approved
7. The proposed conditional use will be in accordance with goals and
objectives of the Comprehensive Plan and with all the applicable
provisions of the Zoning and Development Ordinance.
8. The proposed conditional use will be served adequately by existing
essential public facilities and services such as highways, streets, schools,
police and fire protection, drainage structures, refuse disposal, water and
sewer or the person responsible for the establishment of the proposed
conditional use shall adequately provide any such services.
9. The proposed conditional use will have vehlcular approaches to the
property, which shall be so designed as not to create an interference with
tratfic on surrounding public streets. Access will be otf of Highway 67 and
Frederick Road.
10.The proposed conditional use will be designed, constructed, operated and
maintained to be harmonious with the existing or the intended character of
the general vicinity and such use will not change the essential character of
the same area. There will be limited visibility from public roads and
highways.
1l.The proposed conditional use will not be hazardous or disturbing to
existing or future neighboring uses.
12.The proposed conditional use will not create excessive additional
requirements at public cost for public facilities and services and will not be
detrimentalto the economic welfare of the community.
13.The proposed conditional use will not involve uses, activities, processes,
materials, equipment or conditions of operation that will be detrimental to
any persons, property or the general welfare by reason of the
environment, or excessive production of tratfic, noise, smoke, fumes,
glare, or odors.
14.The proposed conditional use will not result in destruction, loss or damage
of a naturalor scenic feature of major importance.
l5.Similar projects were approved one (1) mile to the east in March 2010.
16.This parcel has an approved variance for lot coverage in agriculture zone.
17. Previous approved conditional use permit that has expired.
Based on the foregoing FINDINGS OF FACT, the Elmore County Planning and
Zoning Commission hereby makes the following:
CONCLUSIONS OF LAW
1. The requirements of ldaho Code Section 567-6509 have been met.
2. The action taken herein does not violate Chapter 80 of Title 67 of the
ldaho Code.
3. The applicant has met the requirements of the Zoning and Development
Ordinance Chapter 27 tor a Conditional Use Permit as shown above in the
findings of fact.
FCO CUP-2013-02 Grand View Solar PV Two, LLC Approved
Based on the forgoing CONCLUSIONS OF LAW, the Elmore County Planning
and Zoning Commission hereby enters the following:
ORDER
The application for a Conditional Use Permit for a solar generating facility located
in SE1/4 of Section 6, Township 5 South, Range 4 East, 8.M., should be and is
hereby APPROVED with these additional conditions:
ADDITIONAL CONDITIONS
1. The proposed use will comply with allthe requirements of section 6-8-95
of the Elmore County Zoning and Development Ordinance.
2. All outstanding fees, if any, must be paid prior to the issuance of an
EImore County building permit.
3. The proposed use will be constructed in substantial conformance with
the master site plan.
4. Prior to the issuance of a building permit, an overall site plan must be
approved by the County Engineer to ensure drainage and storm water
management is adequate.
5. Failure to comply with any of the conditions will result in revocation of
the Conditional Use Permit.
6. Granted approval for a period of two (2) years.
COMMISSION VOTE:
CHAIRPERSON PATTI OSBORN
VICE CHAIRPERSON K.C. DUERIG
DEBBIE LORD
BETTY VAN GHELUWE
SUE FISH
JIM MART]N
ED OPPEDYK
JEFF BLANKSMA
VOTED AYE
VOTED AYE
VOTED AYE
VOTED AYE
VOTED AYE
VOTED AYE
VOTED AYE
VOTED AYE
DArED this fu4l,ta^v a lrla,rr1L 201s.
ATTEST:
Alan Christy, Director
FCO CUP-20f3-02 Grand View Solar PV Two, LLC Approved
*Etfective at 12:01 A.M. on tne jO+L day of 2013.
A decision made by the Elmore County Planning and Zoning Commission may
be appealed to the Board of Elmore County Commissioners provided the appeal
is submitted in writing to said Board within ten (10) calendar days of Commission
action. Questions concerning appeals or deadlines should be asked of the
Elmora County Grovrrth and Development Department or the Elmore County
Clerk.
FCO CUP-2013-02 Gnrnd View Solar PV Two, LLC Approved
r=a::l''"'
?*l: fiUG -5 Fi{ L: l+2
Peter J. Richardson (lSB # 3195)
Gregory M. Adams (lSB # 7454) li':'r:'i '
Richardson Adams' PLLC uTlt'1T:i:i.'-t:;I"j ' li;' r ')
515 N.27ft Street
P.O. Box 7218
Boise,Idaho 83702
Telephone: [phone]
Fax: [phone]
peter@richardsonadams. com
gre g@ richardsonadams. com
Afforneys for Complainant
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
GRAND VIEW PV SOLAR TWO, LLC, )Complainant, ) Case No. IPC-E-I l-15
)vs. ) cnaND vrEw soLAR pv rwo,
rDAHo powER coMpANy, I il-?i RESPONSE ro ORDER No'
Respondent. ) --- -
)
Exhibit No. 7
Photographs of Grand View Two Site
I
:rala^* .Ji:--i:'..tr\----
I:^i:f:"i i i* -iaY-
r**,n r 1" ik ""'r !ffifi'i4 . a- i):;*r{F _!"f ^."l-l ..:. 1,
Peter J. Richardson (lSB # 3195)
Gregory M. Adams (lSB # 7454)
Richardson Adams, PLLC
515 N. 27ft Street
P.O. Box 7218
Boise, [daho 83702
Telephone: [phone] I
Fax:[phone]
oeter@.richardsonadams.com
sres@richardsonadams. com
Attorneys for Complainant
GRAND VIEW PV SOLAR TWO, LLC,
Complainant,
vs.
IDAHO POWER COMPANY,
Respondent.
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
4rt''! !t!3 f(L i., iii.-, -.i
Case No. IPC-E-I l-15
GRAND VIEW SOLAR PV TWO,
LLC's RESPONSE TO ORDER NO.
3286t
l+2
Exhibit No. 8
Shannon & Wilson, [nc. Soils and Corrosivity Reports
ffi fi r n s!#l$)loN aw Hi€N* I DlF,,
AI.ASKA
CAUFOR}IIA
coLoRAo0
FLORIDA
r"rIssouRr
OREGON
WASHINGTON
June 1,2012
Mr. B. Clare Lees
Altemative Power Development NW, LLC
515 N. 27th Street
Boise,Idaho 83702
RE: GRAND VIEW SOLAR PROJECTS, ELMORE COUNTY,IDAHO
Dear Mr. Lees:
At your request, we reviewed the boring logs and laboratory testing results for the Grand View Solar
Projects Gy-2, GV-3, and GV-4, near Grand View, Idaho. The review was made to assist us in
forming an opinion regarding the potential corrosivity of the site soils.
The soils at the subject sites are similar to those encountered at an adjacent site. Therefore, in our
opinion, similar corrosivity potential is likely. [n order to quantifu the specific conditions,
additional sampling and testing must be completed.
Based on our experience, soils at the subject sites are potentially very corosive but of neutral pH.
If the corrosivity potential is as anticipated, the foundation piles recommended in our geotechnical
report should be galvanized. Galvinization should meet ASTM lntemational Designation: Al23 -
Standard Specificationfor Zinc (Hot-Dtpped Galvinized) Coatings on lron and Steel Products.
We appreciate the opportunity to work with you on this project. If you have any questions, please
contact me at [phone].
Sincerely,
SHANNON & WILSON,INC.
303 WELLSIAN WAY o P.O. BOX 967
RICHLAND, WASHINGTON 99352
509'946.6309 FAX 509"946"6580
TDD: 1-800-833-6388
Vice President
22-t-02855-002
ffi H H B S,.I{ANNON AW LSp"N, ! NF,,
303 IVELLSIAN WAY o P.O. BOX 967
RICHLAND, WASI{INGTON 99352
509"946"6309 FAX 509"946"6580
TDD: 1-800-833-6388
ALASKA
COLORADO
FLORIDA
FIISSOURI
oREGON
r.YASlllf.lGTOll
RE:
July 1 1, 201 1
Mr. Robert A. Paul
Alternative Power Development Northwest, LLC
515 Nofth 27th Street
Boise,Idaho 83702
GEOTECHNICAL ENGINEERING STUDY; GRAND VIEW SOLAR TWO
PROJECT; ELMORE COUNTY, IDAHO
Dear Mr.
Shannon & Wilson, Inc. is pleased to present this geotechnical engineering report for the proposed
Grand View Solar PV Two LLC, Grand View Solar Two Project in Elmore County,ldaho. We
conducted the study in general accordance with our proposal dated May 4,2011.
This report provides recommendations for earthwork, driven pile foundations, and IBC seismic
design.
We appreciate the opporlunity to work with you on this project. Should you have comments or
questions regarding this reporl, or if we can be of additional service to you on another phase of this
work, please contact us.
Sincercly,
SHANNON & WILSON,INC.
DJB:LJR /djb
tr@
Dee J. Bumie, P.E.
Branch Manager
22-1-02855-002
1.0
2.0
3.0
4.0
5.0
6.0
Sxarunou & Wrsor, Irc.
TABLE OF CONTENTS
7.0
FIGURES
I Vicinity Map
2 Site and Exploration Plan
3 Pile Capacity
4 Lateral Pile Capacity
APPENDICES
Exploratory Boring Logs
Laboratory Test Results
Important Information about Your Geotechnical Engineering Report
A
B
C
22-l-02855 Gredview Soltr Trc. gr.doc 22-t-02855-002
Snannon & Wrson, Ittc.
GBorscHNrcAL ExcrxpnruNc Sruoy
Guxo Vruw Sor,aR Two
Et wtoRB CouxtYr IuHo
1.0 INTRODUCTION
Shannon and Wilson, Inc. is pleased to present the results of our geotechnical engineering study for
the proposed Grand View Solar Two Project approximately l8 miles west southwest of Mountain
Home in Elmore County, Idaho. Our scope of work included:
o Drilling 4 exploratory borings;
o Conducting laboratory testing;
o Performing engineering analyses; and
. Preparing this report.
This report provides recommendations for earthwork, site road development, driven pile
foundations, and Intemational Building Code (IBC) seismic design criteria.
2.0 SITE DESCRIPTION
The 20-MW project is located in the area listed in the following table and shown in Figure I -
Vicinity Map.
Phase No.Ar@. acnes Subdivision Section Townshin Ranse
2 80
40
E%,SE%
SE%.NE%
6
6 5S 4E
The previously farmed site is currently out of production. The site is mantled with previous crop
and grassy vegetation, and is relatively level with some gentle sloping.
We understand the collection systems will consist of rectangular photovoltaic panels supported on
fixed geometry frames. The frames will be supported on shallow, driven piles. Current planning
indicates the piles will be 25-foot long, 8-inch X 8-inch X 50-lbs per ft steel beams. Estimated
penetration is approximately l5 feet, depending on the conditions encountered.
3.0 FIELD EXPLORATIONS
The field exploration program included four auger borings (B-7 through B- l0) drilled on May I I ,
2011. Haztech Drilling of Meridian, Idaho, under subcontract with Shannon & Wilson, drilled the
borings using a CME 75 truck-mounted drill rig equipped with hollow-stem augers. The borings
extended to 21.5 feet below the ground surface at each location and were evenly spaced across the
22-l -02855 Gmdview Solu Tw gt.doc 22-l-02855-002
SNanNon & Wrson, Inc.
site. We located the borings using a hand-held GPS unit. The Site and Exploration Plan (Figure 2)
shows the approximate boring locations. The boring logs are presented in Appendix A.
During the drilling process, we obtained disturbed samples at the ground surface and at 5-foot
intervals using the Standard Penetration Test (SPT). The SPT consists of driving a 2-inch outside
diameter split-spoon sampler l8 inches into the soilbeneath the casing with a 14O-pound hammer,
free-falling 30 inches. The number of blows required to advance the split-spoon through each 6-inch
increment is recorded. ASTM D 1586 defines the SPT resistance, or N-value, as the number of
blows required to drive the sampler from 6 to 18 inches below the casing.
The SPT N-value provides an indication of the relative density or consistency of the soil and is
plotted on the boring logs. The following terminology was used to describe the relative density or
compactness of the subsurface soils:
SOIL DENSITY AI\[D CONSISTENCY TERMINOLOGY
Cohesionless (srsnular) Soils Cohesive (clavev) Soils
Relative
Densitv
Penetration Resistance
firlows ner foot)
Relative
Consistencr
Penetration Resistance
(blows ner foot)
Very Loose Under 4 Verv Soft Under2
Loose 4-10 Soft 2-4
Medium Dense l0-30 Medium Stiff 4-8
Dense 30-50 Stiff 8 - 15
Very Dense Over 50 Verv Stiff 15 - 30
Hard Over 30
The strata boundaries were estimated in the field based on the drill rig action and the SPT sampling.
The soil conditions are known only at the exploration locations on the date explored and should be
considered approximate. Actual subsurface conditions between exploration locations may vary.
The subsurface conditions are known only at the test pit locations on the date explored and should
be considered approximate. Actual subsurlace conditions may vary between test pit locations.
4.0 LABORATORY TESTING
Laboratory testing included moisture contents, sieve analyses, and atterberg limits on selected
samples. The laboratory test results in presented in Appendix B.
5.0 SUBSURFACECONDITIONS
The Geologic Map of the Elmore County (ldaho Geologic Survey Digital Atlas of Idaho -
November 2002) maps the site as Pleistocene basalt lava (Qb) with adjacent areas mapped as
Quaternary alluvial deposits (Qa). Nearby areas (to the east) are mapped as Quatemary surficial
22- l -02855 Crmduew Sold Two.grr doc 22-l-02855-002
Snanuoru & WrsoN, INc.
cover, including colluviums, fluvial, alluvial fan, lake, and windblown deposits (Qs). Soils
encountered in the borings appear to correlate more closely to the Qs description.
The borings indicate that approximately 5 feet of loose to medium-dense sandy SILT (ML) which
comprises the till zone from the prior farming operations. Below the till zone, the sandy SILT
becomes medium dense to dense with depth. The clay content increases with depth resulting in the
soil grading to slightly plastic ML/CL at approximately l0 feet below the surface. The density also
tends to increase with depth becoming generally dense in the bottom of the borings at2l.5 feet.
The borings did not encounter groundwater. Based on well logs in the area, we anticipate that
groundwater occurs at depths greater than 150 feet.
6.0 CONCLUSIONS AND RECOMMENDATIONS
6.1 General
The borings indicate that approximately 0 to 5 feet of loose to medium-dense sandy silt soils in the
agricultural till zone. Medium dense to dense sandy silt with increasing clay content typically
underlie the surface soils. The plasticity and moisture content of the in situ soils generally increases
with depth.
In our opinion, the proposed solar panel frames can be supported on relatively shallow driven pile
foundations, as proposed.
The following sections present earthwork, drive pile foundation, and IBC seismic design
recommendations.
6.2 Boring Backfill
The borings for this study were backfilled in accordance with the State of Idaho and local
requirements.
6.3 Earthwork
Surface vegetation, topsoil, debris, and existing fill material must be stripped from shallow structure
foundations, pavement, and areas to receive structural fill. Based on the borings, we estimate that
approximately 6 inches of material must be stripped to remove the vegetation and topsoil.
Topsoil may be stockpiled and used in future landscape areas, if desired, but should not be used for
structural fill. The native sandy silt soils may be used for structural fill or backfill. However, the
fine grained soils are moisture sensitive and may be difficult to compact during wet weather.
Once the surface is stripped, the top 12 inches of the exposed subgrade beneath structural fill,
pavemento and shallow foundation areas must be compacted. The subgrade should be compacted to
22-l-02855 Grmdview Soltr Trc gtr.doc 22-t-028s5-002
Sxarunou & WrsoN, INc.
a minimum in-place dry density of 92 percent of the maximum laboratory dry density as determined
by the American Society for Testing and Materials (ASTM) Designation: D 1557, Laboratory
Compaction Charqcteristics of Soil Using Modified Effort.
Utility trenching and backfilling should be accomplished in accordance with ldaho Standards for
Public Works Construction (ISPWC). Based on our explorations, we anticipate that conventional
excavation equipment can accomplish the proposed excavations. Utility trenches should be
backfilled using structural fillcompacted as specified below. Sufficient backfill should be placed
over the utility before compacting with heavy compactors to prevent damage.
Structural fill and all backfill should be placed in maximum 8-inch thick loose lifts, and compacted
to a minimum in-place dry density of 95 percent of the ASTM D 1557 maximum laboratory dry
density. If imported material is required for general backfill or structural fill, we recommend using
a material such as a well-graded, 2-inch-minus, pit run sand and gravel with less than 5 percent
fines, or crushed rock.
6.4 Excavations/Slopes
In our opinion, OSHA Soil Type C best describes the soil conditions at the site. Type C soils may
have maximum temporary slopes of I .5 Horizontal to I Vertical ( I .5H: I V). The site soils may cave
when dry and excavated vertically.
Permanent cut and fill slopes should be constructed with inclinations no steeper than 2H: I V, and
must be protected from both wind and water erosion. Erosion protection may consist of a vegetative
cover or a minimum 3-inch layer of coarse concrete aggregate conforming to the requirements of
ITD Specification 703.03 "Concrete Aggregate Size 3."
6.5 Foundations
The proposed solar panel support frame structure may be supported on shallow driven pile
foundation embedded into the native soils. We analyzed the vertical and uplift capacity of the
preferred 8X8X50 H-pile section driven to a maximum 20 feet below the surface elevation and into
the underlying medium dense to dense sandy silt. We understand the anticipated maximum
penetration is approximately l5 feet. We assumed the ground surface elevation as +100 feet.
We estimated pile capacities versus depth under static loading conditions for the preferred piles.
We assumed that the piles will not develop a plug during driving. The estimated pile capacity
versus depth plots for static conditions are presented on Figure 4. The plot assumes the soil
conditions encountered in boring B-8, which represent approximately the average site conditions.
Because overburden thickness, soil density, groundwater elevation, and variations in soil
parameters, pile order lengths should arbitrarily add at least 5 feet to the estimated lengths. The
22-l-02855 Crodview Solu Tw gtr.doc 22-t-02855-002
Snnnnon & WrsoN, INc.
designer should use the results carefully, realizing that the capacities are estimates and that
subsurface conditions can vary from the conditions encountered at our borings.
The pile uplift capacity should be estimated using the skin fiction capacity presented on Figure 3.
The allowable capacity may be increased by l13 for short-term transient loading conditions.
6.6 Lateral Load Resistance
Because of the relatively shallow embedment depth anticipated, we calculated the allowable lateral
loads resistance acting on the piles using the method describe in the 2009 International Building
Code Section 1807.3 Embedded Posts and Poles. Allowable lateral load versus pile embedment
depth for load application heights of 5, 7.5, and l0 feet above the ground surface are shown in
Figure 4.
Shallow building footings may be resisted by passive earth pressures acting against the sides of the
footings and friction forces on the bottom of the footings. For lateral displacement design, the
ultimate passive resistance of compacted, level backfill may be assumed equal to a 350-pcf
equivalent fluid pressure. We recommend neglecting passive pressure within 2 feet of the ground
surface. We recommend using a 0.35 friction coefficient to calculate sliding resistance between the
footing bottom and the native sandy silt.
6.7 Seismic Considerations
6.7.1 IBC Seismic Design Criteria
Based on the site geology and the soil conditions encountered in the explorations, we
recommend the following2009lBC seismic design criteria.
Site Class D (StiffSoil Profile)
Ss 0.461
Sr 0.088
Fa 1.59
Fv 2.40
6.7.2 Liquefaction
Liquefaction can occur when loose, gxanular, saturated soils (generally within 50 feet of the
surface) are subjected to ground shaking. Based on the anticipate groundwater depth and the sandy
silt at the site, it is our opinion that the potential for liquefaction at the site is low.
22-l-02855 Grodview Sold Tw.gtr.doc 22-r-02855-002
Snnnruoru & Wrsou, Inc.
6.8 Drainage
We recommend against allowing water to accumulate next to the pile foundations. We recommend
grading the area under the collector panels to drain away from the piles. All surface runoff should
be directed away from foundation areas by grading.
6.9 Construction Considerations
Variations in soil conditions are possible at the site and may be encountered during construction.
The geotechnical engineer should be retained to provide construction observation services during
the earthwork, excavation, and foundation phases of the project. Construction observation allows
the geotechnical engineer to observe the actual soil conditions exposed in the excavations and
determine if the proposed design is compatible with the design recommendations, and if the
conditions encountered at the site are consistent with those observed during the geotechnical study.
Construction observation is conducted to reduce the potential for problems arising during and after
construction. However, in all cases, the contractor is responsible for the quality and completeness
of their work and for adhering to the plans, specifications, and recommendations on which their
work is based.
We recommend retaining Shannon & Wilson, Inc to review the construction plans for the proposed
structures, and to provide construction observations services during site grading and foundation
installation. We anticipate that our services would include verifying subgrade soils, and observing
fill compaction and pile installation. We can provide construction observation services on a time
and expense basis.
7.0 LIMITATIONS
The analyses, conclusions, and recommendations contained in this report are based upon site
conditions as they presently exist. We further assume that the site explorations are representative of
the subsurface conditions throughout the site; i.e., site conditions are not significantly different from
those disclosed by the field explorations and observations.
If subsurface conditions different from those encountered in the field explorations are observed or
appear to be present beneath the excavations during construction, we should be advised at once so
that we can review these conditions and reconsider our recommendations, where necessary.
If there is a substantial lapse of time between the submission of this report and the start of
construction at the site, if conditions have changed because of natural forces or construction at the
site, or if the design or loading configurations change, we recommend that we review this report to
determine the applicability of the conclusions and recommendations concerning the time lapse or
changed conditions contained in this report.
22- l -02855 Gmdview Sold Tm.gtr.doc 22-t-02855-002
Sn-rnru nta:tu 8r \f1/rusel[,,t, Il, NC"
The scope of services did not include any environmental assessments or evaluations regarding the
presence or absence of wetlands or hazardous or toxic materials in the soil, surface water,
groundwater, or air, on or below the site, or for the evaluation or disposal of contaminated soils or
groundwater, should any be encountered.
This report was prepared for the use of Alternative Power Development Northwest, LLC, and their
design team, in the design and construction of the proposed Grand View Solar Two project in
Elmore County, Idaho. This report was made for a specific set of proposed structures and locations
on the site. Vatiations fi'om the structure types or locations discussed in this repo( should be
analyzed by Shannon & Wilson to assess the potential geotechnical impacts of those variations on
the foundation recommendations included in this repofi.
As an integral part of this report, we have prepared the attached "Important Information about Your
Geotechnical Engineering Report," (Appendix C) to help you more clearly understand its use and
limitations.
SHANNON & WILSON,INC.
Dee J. Bturie, P.E.
Vice President
DJB:LJR/ljr
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tltimate ca$acity lriplt 12 14 16
tI r IT
I \
at \
\
\
\I
\t \\
\
II I
\'
PileA - W8(8x8)a8
Ultimate Pile Gapacitv
Grand View Solar Two
Elmore County, ldaho
tNF., ;;12-Jul11 22-1-02855-002
35
30
25
E
tr
.9
G
otr1s
10
010203040506070
Ultimate Capacity (kN)
Plle E ila
PileA - W8(8x8)a8
Pile B - 8" HW Pipe
Pile C -
Ultimate Pile Capacity
Grand View Solar Two
Elmore County, ldaho 4
DATE
7t12t2011
PROJECT NO,
22-1-02855-002N9* fiB
Snanron & WrsoN, INc.
APPENDIX A
EXPLORATORY BORING LOGS
22-l-02855 Grmdview Sol{ Trc.gtr.doc 22-t-02855-002
SOIL CLASSIFICATION CHART
TYPIGAL
DESCRIPTIONSMAJOR DIVISIONS
COARSE
GRAINED
SOILS
MORE THAN 50%
OF MATERIAL IS
LARGER THAN NO.
2OO SIEVE SIZE
GRAVEL
AND
GRAVELLY
SOILS
MORE THAN 50%
OF COARSE
FRACTION
RETAINED ON NO.
4 SIEVE
CLEAN
GRAVELS
(LITTLE OR NO FINES)
l;+itla.OI
IA/ELL.GMDED GRAVELS, GMVEL -
SAND MIXTURES, LITTLE OR NO
FINES
POORLY-GRADED GRAVELS,
GRAVEL - SAND MIXTURES, LITTLE
OR NO FINES
GMVELS WITH
FINES
SILTY GRAVELS, GMVEL - SAND -
SILT MIXTURES
CLAYEY GRAVELS, GRAVEL. SAND -
CLAY MIXTURES
SAND
AND
SANDY
SOILS
MORE THAN 507o
OF COARSE
FRACTION
PASSING ON NO.4
SIEVE
CLEAN SANDS
(L|TTLE OR NO F|NES)
IA/ELL-GRADED SANDS, GRAVELLY
SANDS, LITTLE OR NO FINES
POORLY-GRADED SANDS
GRAVELLY SAND, LITTLE bR NO
FINES
SILTY SANDS, SAND - SILT
MIXTURESSANDS WITH
FINES
CLAYEY SANDS, SAND - CLAY
MIXTURES
INORGANIC SILTS AND VERY FINE
SANDS, ROCK FLOUR, SILTY OR
CLAYEY FINE SANDS OR CLAYEY
SILTS WTH SLIGHT PLASTICITY
FINE
GRAINED
SOILS
MORE THAN 50%
OF MATERIAL IS
SMALLER THAN
NO. 2OO SIEVE SIZE
SILTSAND #Ss',P-lM',J;
CLAYS
INORGANIC CLAYS OF LOWTO
MEDIUM PLASTICITY, GRAVELLY
CI.AYS, SANDY CLAYS, SILTY CLAYS,
LEAN CLAYS
ORGANIC SILTS AND ORGANIC
SILTY CLAYS OF LOW PLASTICITY
SILTSAND
"-L',^1UJR
iifll *
CLAYS
INORGANIC SILTS, MICACEOUS OR
DIATOMACEOUS FINE SAND OR
SILTY SOILS
INORGANIC CLAYS OF HIGH
PLASTICITY
ORGANIC CLAYS OF MEDIUM TO
HIGH PLASTICITY, ORGANIC SILTS'iiiii
HIGHLY ORGANIC SOILS PEAT, HUMUS, SWAMP SOILS WITH
HIGH ORGANIC CONTENTS
NOTE: DUAL SYMBOLS ARE USED TO INDICATE BORDERLINE SOIL CLASSIFICATIONS
SolL DESGRIPTION II.i
o-oo
o-oE
a
ooE.Eoa
trL lJ-trd)
E> O-(D> Oo
Standard Penetration Resistance
(140 lb. weight, 30-inch drop)A Blows per foot
,6 AA AT
Loose, tan, fine grained, sandy SILT (ML);
slightly plastic; dry.
5.0
2't.5
"_L
Ii-2
I;-3
I;{
,.I
5
!Eo
fo
U
oz
10
15
20
Hard, tan/brown, silty CLAY (CL); low to
medium plasticity; damp.
Bottom of Boring
Completed 511112011
LEGEND
Sample Not Recovered
Standard Penetration TestI
NOTES
1. The boring was performed using drilling methods.
2. The stratification lines represent the approximate boundaries betr,\,een soil typ
the transition may be gradual.
3. The discussbn in the text of this report is nocessary for a prop€r und€rstandir
nature of the subsurface materials.
4. Groundu/ater level, if indicated above, is for the date specified and may vary.
0 20 40 6(
O o/o Water Content
PlasticLimit l_ H LiquidLimit
Natural Water Content
?s, and
rg of the
Grand View Solar Two Project
Elmore County, ldaho
LOG OF BORING 8.7
June 2011 22-1-02855-002
o. neret to nEr lat expElEugil ur lyrnwEr lecs dru uErtrnuun!.
6. USCS designation is based on visual-rnanual dassification and selecled hb testing.tJl#U,?"1.|=*,Sk*9#&,[19' I FG. A-2
3o
SOIL DESCRIPTION
9II
.iooo
6-o
Ea
ooo.
E(Ua
;EL lLE0)
=6 5tr> o-(9> E
Standard Penetration Resistance
(140 lb. weight, 30-inch drop)A Blows per foot
,i AN AT
Loose, tan, fine grained, sandy SILT (ML); non
to slightly plastic; dry/damp.
5.0
21.5
F,I
!"r
t.l
*I
*I
5
I
lo
cU
oz
10
15
20
Very stiff to hard, brown, silty CLAY (CL); low
to medium plasticity; damp.
Bottom of Boring
Completed 511112011
LEGEND* Sample Not Recovered
I Standard Penetration Test
NOTES
1. The boring was performed using drilling methods.
2. The stratification lines represent tfE approximate boundaries bet\rleen soil types, and
the transition may be gradual.
3. The discussion in the text of this report is necsssary for a propor undsrstanding of the
nature of the subsurface materials.
4. Groundu,ater level, if indicated above, is for the date specified and may vary.
0 20 40 6(
O % Water Content
PlasticLimit |- ff LiquidLimit
Natural Water Content
Grand View Solar Two Project
Elmore County, ldaho
LOG OF BORING B€
June 201 1 22-1-02855-002
expEnauon symDs,
6. USCS designation is based on visual.manual classification and selected lab testing.t#,#g,,o"L*'Skg9#;l#,9' I FIG. A-3
Standard Penetration Resistance
(140 lb. weight, 30-inch drop)A Blows per foot
Medium dense, tan, fine grained, sandy SILT
(ML); slightly plastic.
15.0
21.5
Hard, brown, silty CLAY (CL); low to medium
plasticity; damp.
Bottom of Boring
Completed 511112011
LEGEND O 20 40
* Sample Not Recovered O % Water Content
f Standard Penetration Test plastic Limit }__.- Liquid Limit
Natural Water Content
NOTES
1. The boring nas performed using driling methods.
2. The stratification lines represent the approximate boundaries betvrieen soil types, and
the transition may be gradual.
3. The discussion in th6 text of this report is necessary for a proper understanding of the
nature of the subsurface materials.
4. Groundr,nater level, if indicated above, is for the date specilied and may vary.
5. Refer to KEY for explanation of symbols, codes and definitions.
6, USCS designation is based on visual-nnnual classification and selec{ed lab testing.
Grand View Solar Two Project
Elmore County, ldaho
LOG OF BORING B.9
June 201 1 22-1-02855-002
SHANNON &WLSON,INC.G@lehni€l and Envionrental Consullants
s
6
a.J
t
5
SolL DESCRIPTION 9tJ-
-io.oo
E-oEa
ooo.
Eoa
g!,L lJ-=s ;ii(E =tr> o.(9> E
Standard Penetration Resistance
(140 lb. weight, 30-inch drop)A Blows per foot
20 40 6(
Loose, tan, fine grained, sandy SILT (ML);
slightly plastic; dry.
5.0
21.5
I
I\-2
I;.3
Ii4
,.,I
5
!goE-o
U
oz
10
't5
20
Very stiff to hard; brown/tan/ silty CLAY (CL);
low to medium plasticity; damp.
Bottom of Boring
Completed 511112011
LEGEND* Sample Not Recovered
I Standard Penetration Test
NOTES
1. Th6 boring was performed using drilling methods.
2. The stratification lines represent the approximate boundaries beh,veen soil typ
the transition may be gradual.
3. The discussion in the text of this report is necessary for a propor understandir
nature of the subsurface materials.
4. Groundwater level, if indicated above, is for the date specilied and may vary.
0 20 40 6(
O % Water Content
PlasticLimit l- -ff LiquidLimit
Natural Water Content
es, and
u ofths
Grand View Solar Two Projecl
Elmore County, ldaho
LOG OF BORING B.1O
June 201'1 22-1-02855-002
c. Keler to nEY Ior explanarpn oI slmrcEr (rues aflq ucltrnuglls.
6. USG designation is based on visuaFnranual dassification and selected hb testing.#ATU,,o#.*,Sk*9#;,llL9' I Ftc. A-s
Snannon & WrsoN, INc.
APPENDIX B
LABORATORY TEST RESULTS
22-t-02855 Grudviw Solr Trc.gtr.doc 22-t-02855-002
EaerWiigg
As-ls Moisture Content Percent:
: Shannon & Wilson
PROJECT; Grandview Solar Projecl
SAMPLE SOURCE: B-7, S-2, D=5'
DATE SAMPLEDi 512412011
MATERIALTYPE: Native
PROJECT NUMBER: 1 l-151
WORK ORDER#I 6117
SAMPLE NUMBER: 6117-5
DATE TESTED: 5127t2011
TESTED BY: SB
1106lrdofdt bt.
fab'ara,ttA 9N02
1509)469.?08 Oll'tcc
(fl9)169-707OFar
Liouid Limit Plestlc Limit Plast. lndex
23914
Medium Plasticity
s
.JEo
=o(,
o
6
=
25.OYo
24.O%
23.0%
22.0%
21.0o/o
20 00h
19 0o/o
Llmit
40 50 60
Llquld Llmlt (LL)
Jr
E
Jo
oo
IL
60
50
40
30
20
10
0
\-.
REVIEWED BY:
EaerWii#g ITO6ldnid*e.
fdkina, fA 9NA2(ile)469.?0ffafrce
(fi9)4693070fax
CLIENT: Shannon & \Mlson
PROJECT: Grandview Solar Project
SAMPLE SOURCE: 8.8.S-3,D-1 O'
DATE SAMPLEDT 51241201 1
MATERIAL TYPE: Natlve
PROJECT NUMBER: 1'1-15'l
WORK ORDER#: 6117
SAMPLE NUMBER: 6117-6
DATE TESTED: 512512011
TESTED BY: S.B.
Percent
Passino: Soecs:
lOOo/"
Sleve Percent Sleve
SIze: Passlnq: Soecs: Size:
3" #821t2" #10
1 1t2" #20
1 1t4" #30
1" #40
3t4" #50
5/8', #60
1t2" #80
3/8" #100
1t4" #200
80%
76%
63.4n/o
Grain SIze Dlstribution
100%
90o/o
80o/o
7}o/o {o,60% .;
o5}o/o I
4}o/o E
30% HA
200/o
10o/o
0o/o
0.0010.010.11
Graln Slze, mm
1001000
lt I tt I
t
I
'I1+-{--,LJ-..H.
I I It I I
I tlt
r l. IT1-a--',Il-l:-.
tt I
l.l'{ -LLJ-.tl ILll-it!.!i'i'ir--i-r :il:n'ffr.t-r*:Hnft+?F;J
I,}I
Irl-Ii lrl{-{-;{----It Iftsr
.+SieveResults +LoalerBound +UpperBound
REVIEIIVED BY:
Eaer _ siffi tt06t dmiba
fakina, llf, 9N02
[509)469,1058 Ofiict
1fi9)16930IO fat
& Wilson
PROJECT: Grandview Solar Project
SAMPLE SOURCE: B-9, S-2, D=5'
DATE SAMPLED: 5124120'1 1
MATERIAL TYPE: Native
PROJECT NUMBER: 1 1-15'l
WORK ORDER#: 6117
SAMPLE NUMBER: 6117-7
DATE TESTED: 512712011
TESTED BY: SB
D Z2t6 -
As-ls Moisture Content Percent Llouid Limit Plastlc Limit Plast. lndax
24 10 '.t4
Medium Plastrcity
It-tqutd unit craph I
-
s
tocoC)
o
6
=
27.OYo
26.0olo
25.Ooh
24.V/o
23.0%
22.0o/o
21-Ooh
20.00h
19.0o/o
18.070
17 Oolo
60
50
t.o:it530o
!zoo-
10
0
40 50 60
Llquid Limit (LLl
r10100
REVIEWEO BY:
EaerW 7fi6bnm:dtAw.
Yakina, Illl 9N02(fl9)469s0di otficc
[il9)469-10V)fax
GLTENT: Shannon & \Mlson
PROJECT: Grandview Solar Proiect
SAMPLE SOURCE: B-10, S-4, O-15'
DA,TE SAMPLED: 51241201 1
MATERIAL TYPE: Native
ECT NUMBER: 11-151
WORK ORDER #: 6117
SAMPLE NUMBER: 6117-8
DATE TESTEDI 512512011
TESTED BY: S.B.
Sleve PercentSlze: Passinq: Sp€csi
3',
2'1t2"
z',
1 1t2"
't 1t4u
1u
3t4.
5/8"
1t2"
3/8"
1t4"
Sleva
Slze:
#4
#8
#10
#16
#20
#30
#40
#50
#60
#80
#'t00
#200
Percent
Passlnq: Soecs:
100%
100%
90%
87olo
74.3clo
Grain Slze Dlstributlon
100%
90o/o
80Yo
7001o tE'60% .i
o50Yo fl
4}o/o Eo3}o/o bo-
20o/o
1Oolo
0o/o
1000 100 10 I 0.1 0.01 0.001
Graln Size, mm
-+SieveREsulls +LoryerBound
-UpperBound
IJlrIJtt
-t-
L::r:a--11Lt_l
-ar,
.LLItrt I tt I I
| .i
l:---l{t--1
i:-:1f-:lii+i
t{+.1kii!
-t--I'l l
tJ+ltt!.! If::ssxi. . t!
--;:{
---Ji rl
I II
tt t, lrtrtIt+iH+ttJJJLll r!a!Jt1 I
+ttt itlrl.
l{+1,.
I t.ar
H*l'''1Y!,.-riII--r
tt I
I I
..,:i
REVIEWED BY:
BAER Testing, fnc.
: Grandvlew Solal
CUENT Shannon & Wlson
SAMPLE SOURGE: See tselov
DATE SAMPLED:524/'2011
MATERIALTYFE: NAIVE
DATE TESTED: 512512011
JOB NUMBER: 11-151
WORK ORDER NUMBER 6117
$AMPLE NUMBER: See Below
TESTED BY: S.B,
Deviation of Skndar(s NO YES rrrrsspraet
RlitvlARlis:
R,EVIEITED BY:
PO Box er3 Yakima, Washingtou gggoT
Phons 5o9-4593o68 Faxr 9o9-469-3o7o
Sxeuron & WrsoN, INc.
APPENDIX C
IMPORTANT INFORMATION ABOUT YOUR GEOTECHNICAL
ENGINEERING REPORT
22-l{2E55 Grudview Sol{ Tw.gtr.doc 22-r-02855-002
-I
I I SHANNON & WILSON, lNC.
=ll,
Geotechnicaland Environmentalconsultants
Attachment to and part of Report 22- I -0285 5 -00 I
Julv 11. 201I
Alternative Power Development NW, LLC
Grand View Solar Energy Proiect
Date:
To:
Important Information About You r Geotechnical/Environ mental Report
CONSULTING SERVICES ARE PERFORMED FOR SPECIFIC PURPOSES AND FOR SPECIFIC CLIENTS.
Consultants prepare reports to meet the specific needs of specific individuals. A report prepared for a civil engineer may not be
adequate for a construction contractor or even another civil engineer. Unless indicated otherwise, your consultant prepared your report
expressly for you and expressly for the purposes you indicated. No one other than you should apply this report for its intended
purpose without first conferring with the consultant. No party should apply this report for any purpose other than that originally
contemplated without first conferring with the consultant.
THE CONSUI.JTANT'S REPORT IS BASED ON PROJECGSPECIFIC FACTORS.
A geotechnical/environmental report is based on a subsurface exploration plan designed to consider a unique set of project-specific
factors. Depending on the project, these may include the general nature of the structure and property involved; its size and
configuration; its historical use and practice; the location of the structure on the site and its orientation; other improvements such as
access roads, parking lots, and underground utilities; and the additional risk created by scope-of-service limitations imposed by the
client. To help avoid costly problems, ask the consultant to evaluate how any factors that change subsequent to the date ofthe report
may affect the recommendations. Unless your consultant indicates otherwise, your report should not be used: (l) when the nature of
the proposed project is changed (for example, if an office building will be erected instead of a parking garugq or if a refrigerated
warehouse will be built instead of an unrefrigerated one, or chemicals are discovered on or near the site); (2) when the size, elevation,
or configuration of the proposed project is altered; (3) when the location or orientation of the proposed project is modified; (4) when
there is a change of ownership; or (5) for application to an adjacent site. Consultants cannot accept responsibility for problems that
may occur if they are not consulted after factors, which were considered in the development of the report, have changed.
SUBSURFACE CONDITIONS CAN CHANGE.
Subsurface conditions may be affected as a result ofnatural processes or human activity. Because a geotechnical/environmental report
is based on conditions that existed at the time ofsubsurface exploration, construction decisions should not be based on a report whose
adequacy may have been affected by time. Ask the consultant to advise ifadditional tests are desirable before construction starts; for
example, groundwater conditions commonly vary seasonally.
Construction operations at or adjacent to the site and natural events such as floods, earthquakes, or groundwater fluctuations may also
affect subsurface conditions and, thus, the continuing adequacy ofa geotechnicaUenvironmental report. The consultant should be kept
apprised ofany such events, and should be consulted to determine ifadditional tests are necessary.
MOST RECOMMENDATIONS ARE PROFESSIONAL JUDGMENTS.
Site exploration and testing identifies actual surface and subsurface conditions only at those points where samples are taken. The data
were extrapolated by your consultant, who then appliedjudgmentto render an opinion about overall subsurface conditions. The actual
interface between materials may be far more gradual or abrupt than your report indicates. Actual conditions in areas not sampled may
differ from those predicted in your report. While nothing can be done to prevent such situations, you and your consultant can work
together to help reduce their impacts. Retaining your consultant to observe subsurface construction operations can be particularly
beneficial in this respect.
t/2011
A REPORT'S CONCLUSIONS ARE PRf,LIMINARY.
The conclusions contained in your consultant's report are preliminary because they must be based on the assumption that conditions
revealed through selective exploratory sampling are indicative ofactual conditions throughout a site. Actual subsurface conditions can
be discemed only during earthwork; therefore, you should retain your consultant to observe actual conditions and to provide
conclusions. Only the consultant who prepared the report is fully familiar with the background information needed to determine
whether or not the report's recommendations based on those conclusions are valid and whether or not the contractor is abiding by
applicable recommendations. The consultant who developed your report cannot assume responsibility or liability for the adequacy of
the report's recommendations if another party is retained to observe construction.
THE CONSULTANT'S REPORT IS SUBJECTTO MISINTERPRETATION.
Costly problems can occur when other design professionals develop their plans based on misinterpretation of a
geotechnical/environmental report. To help avoid these problems, the consultant should be retained to work with other project design
professionals to explain relevant geotechnical, geological, hydrogeological, and environmental findings, and to review the adequacy of
their plans and specifications relative to these issues.
BORING LOGSAND/OR MONITORING WELLDATASHOULD NOT BE SEPARATED FROM THE REPORT.
Final boring logs developed by the consultant are based on interpretation offield logs (assembled by site personnel), field test results,
and laboratory and/or offrce evaluation of field samples and data. Only final boring logs and data are customarily included in
geotechnical/environmental reports. These final logs should not, under any circumstances, be redrawn for inclusion in architectural or
other design drawings, because drafters may commit errors or omissions in the transfer process.
To reduce the likelihood of boring log or monitoring well misinterpretation, contractors should be given ready access to the complete
geotechnical engineering/environmental report prepared or authorized for their use. Ifaccess is provided only to the report prepared
for you, you should advise contractors of the report's limitations, assuming that a contractor was not one of the specific persons for
whom the report was prepared, and that developing construction cost estimates was not one of the specific purposes for which it was
prepared. While a contractor may gain important knowledge from a report prepared for another party, the contractor should discuss the
report with your consultant and perform the additional or alternative work believed necessary to obtain the data specifically
appropriate for construction cost estimating purposes. Some clients hold the mistaken impression that simply disclaiming
responsibility for the accuracy of subsurface information always insulates them from attendant liability. Providing the best available
information to contractors helps prevent costly construction problems and the adversarial attitudes that aggravate them to a
disproportionate scale.
READ RESPONSIBILITY CLAUSES CLOSELY.
Because geotechnical/environmental engineering is based extensively on judgment and opinion, it is far less exact than other design
disciplines. This situation has resulted in wholly unwarranted claims being lodged against consultants. To help prevent this problem,
consultants have developed a number ofclauses for use in their contracts, reports and other documents. These responsibility clauses
are not exculpatory clauses designed to transfer the consultant's liabilities to other parties; rather, they are definitive clauses that
identif where the consultant's responsibilities begin and end. Their use helps all parties involved recognize their individual
responsibilities and take appropriate action. Some of these definitive clauses are likely to appear in your report, and you are
encouraged to read them closely. Your consultant will be pleased to give full and frank answers to your questions.
The preceding paragraphs are based on information provided by the
ASFE/Association of Engineering Firms Practicing in the Geosciences, Silver Spring, Maryland
ffi H H H P, "m"NoN aw! F,P"N, ! llp,,
ALASKA
coLoRAoo
FLORIDA
t'lt5souRl
OREGON
U/ASHINGTOI.I
July I l,20ll
Mr. Robert A. Paul
Altemative Power Development Northwest, LLC
515 North 27th Street
Boise,Idaho 83702
RE: GEOTECHNICAL ENGINEERING STUDY; GRAND VIEW SOLAR TWO
PROJECT; ELMORE COUNTY, IDAHO
Dear Mr'. Paul:
Shannon & Wilson, [nc. is pleased to present this geotechnical engineering report for the proposed
Grand View Solar PV Two LLC, Grand View Solar Two Project in Elmore County,Idaho. We
conducted the study in general accordance with our proposal dated May 4,2011.
This report provides rccommendations for eafthwork, driven pile foundations, and IBC
design.
We appreciate the opportunity to work with you on this project. Should you have comments or
questions regarding this repofi, or if we can be of additional service to you on another phase of this
work, please contact us.
Sincerely,
SHANNON & WILSON,INC.
Dee J. Bun:ie, P.E.
Branch Manager
DJB:LJR /djb
303 VVELLSIAN YYtrY " P.O. BOX 967
RICHLAND, WAS|-INGTON 99352
509,946"6309 FAX 509"946"6580
TDD: 1-800-833-6388
22-t-02855-002
2.0
3.0
4.0
s.0
Sxanuor & Wrsoru, Inc.
TABLE OF CONTENTS
1.0 INTRODUCTIO
SITE DESCRIPTION
FIELD EXPLORA
LABORATOR
SUBSURFACE
CONCLUSION
...,,,,....2
6.1 General .................3
6.2 Boring Backfill
6.5 Foundations
6.6 Lateral Load Resistance......... ............5
6.7 Seismic Considerations............ ..........5
6.7.1 IBC Seismic Design Criteria .........5
6.7.2 Liquefaction
7.0 LTMITATIONS
FIGURES
I Vicinity Map
2 Site and Exploration Plan
3 Pile Capacity
4 Lateral Pile Capacity
APPENDICES
Exploratory Boring Logs
Laboratory Test Results
Important Information about Your Geotechnical Engineering Report
6.0
A
B
C
22-l-02855 Grildview Solu Trc gtr.doc 22-t-02855-002
Sxnruruoru & Wrsoru, Irc.
GoorucuNrcAl ExcnnoRrxc Sruoy
Guxo Vrnw Solln Two
ELnnoRr CouxrYr Io*Io
1.0 INTRODUCTION
Shannon and Wilson, Inc. is pleased to present the results of our geotechnical engineering study for
the proposed Grand View Solar Two Project approximately l8 miles west southwest of Mountain
Home in Elmore County, Idaho. Our scope of work included:
o Drilling 4 exploratory borings;
o Conductinglaboratorytesting;
o Performing engineering analyses; and
. Preparing this report.
This report provides recommendations for earthwork, site road development, driven pile
foundations, and lnternational Building Code (lBC) seismic design criteria.
2.0 SITE DESCRIPTION
The 20-MW project is located in the area listed in the following table and shown in Figure I -
Vicinity Map.
Phase No.Area. acres Subdivision Section Townshio Ranse
2 80
40
E%,SEY4
SE%.NE%
6
6 5S 4E
The previously farmed site is currently out of production. The site is mantled with previous crop
and grassy vegetation, and is relatively level with some gentle sloping.
We understand the collection systems will consist of rectangular photovoltaic panels supported on
fixed geometry frames. The frames will be supported on shallow, driven piles. Current planning
indicates the piles will be 25-foot long, 8-inch X 8-inch X 50-lbs per ft steel beams. Estimated
penetration is approximately l5 feet, depending on the conditions encountered.
3.0 FIELD EXPLORATIONS
The field exploration program included four auger borings (B-7 through B-10) drilled on May I l,
2011. Haztech Drilling of Meridian, Idaho, under subcontract with Shannon & Wilson, drilled the
borings using a CME 75 truck-mounted drill rig equipped with hollow-stem augers. The borings
extended to 21.5 feet below the ground surface at each location and were evenly spaced across the
22-l-02855 Credview Sol[ Tw.gfi.doc 22-t-02855-002
Snannon & Wrson, Inc.
site. We located the borings using a hand-held GPS unit. The Site and Exploration Plan (Figure 2)
shows the approximate boring locations. The boring logs are presented in Appendix A.
During the drilling process, we obtained disturbed samples at the ground surface and at 5-foot
intervals using the Standard Penetration Test (SPT). The SPT consists of driving a2-inch outside
diameter split-spoon sampler l8 inches into the soil beneath the casing with a 14O-pound hammer,
free-falling 30 inches. The number of blows required to advance the split-spoon through each 6-inch
increment is recorded. ASTM D 1586 defines the SPT resistance, or N-value, as the number of
blows required to drive the sampler from 6 to 18 inches below the casing.
The SPT N-value provides an indication of the relative density or consistency of the soil and is
plotted on the boring logs. The following terminology was used to describe the relative density or
compactness of the subsurface soils:
SOIL DENSITY AIID CONSISTENCY TERMINOLOGY
Cohesionless (eranular) Soils Cohesive (clavev) Soils
Relative
Density
Penetration Resistance
(hlows ner foot)
Relative
Consistencv
Penetration Resistance
(hlows ner foot)
Very Loose Under 4 Verv Soft Under 2
Loose 4- l0 Soft 2-4
Medium Dense l0 - 30 Medium Stiff 4-8
Dense 30-50 stiff 8- l5
Very Dense Over 50 Verv Stiff l5 - 30
Hard Over 30
The strata boundaries were estimated in the field based on the drill rig action and the SPT sampling.
The soil conditions are known only at the exploration locations on the date explored and should be
considered approximate. Actual subsurface conditions between exploration locations may vary.
The subsurface conditions are known only at the test pit locations on the date explored and should
be considered approximate. Actual subsurface conditions may vary between test pit locations.
4.0 LABORATORY TESTING
Laboratory testing included moisture contents, sieve analyses, and atterberg limits on selected
samples. The laboratory test results in presented in Appendix B.
5.0 SUBSURFACECONDITIONS
The Geologic Map of the Elmore County (ldaho Geologic Survey Digital Atlas of Idaho -
November 2002) maps the site as Pleistocene basalt lava (Qb) with adjacent areas mapped as
Quaternary alluvial deposits (Qa). Nearby areas (to the east) are mapped as Quaternary surficial
22-l-02855 Greduew Solil Trc grr doc 22-t-02855-002
Sxaruuon & WrsoN, INc.
cover, including colluviums, fluvial, alluvial fan, lake, and windblown deposits (Qs). Soils
encountered in the borings appear to correlate more closely to the Qs description.
The borings indicate that approximately 5 feet of loose to medium-dense sandy SILT (ML) which
comprises the till zone from the prior farming operations. Below the till zone, the sandy SILT
becomes medium dense to dense with depth. The clay content increases with depth resulting in the
soil grading to slightly plastic ML/CL at approximately l0 feet below the surface. The density also
tends to increase with depth becoming generally dense in the bottom of the borings at 2l .5 feet.
The borings did not encounter groundwater. Based on well logs in the area, we anticipate that
groundwater occurs at depths greater than I 50 feet.
6.0 CONCLUSIONSANDRECOMMENDATIONS
6.1 General
The borings indicate that approximately 0 to 5 feet of loose to medium-dense sandy silt soils in the
agricultural till zone. Medium dense to dense sandy silt with increasing clay content typically
underlie the surface soils. The plasticity and moisture content of the in situ soils generally increases
with depth.
In our opinion, the proposed solar panel frames can be supported on relatively shallow driven pile
foundations, as proposed.
The following sections present earthwork, drive
recommendations.
6.2 Boring Backfill
pile foundation, and IBC seismic design
The borings for this study were backfilled in accordance with the State of ldaho and local
requirements.
6.3 Earthwork
Surface vegetation, topsoil, debris, and existing fill material must be stripped from shallow structure
foundations, pavement, and areas to receive structural fill. Based on the borings, we estimate that
approximately 6 inches of material must be stripped to remove the vegetation and topsoil.
Topsoil may be stockpiled and used in future landscape areas, if desired, but should not be used for
structural fill. The native sandy silt soils may be used for structural fill or backfill. However, the
fine grained soils are moisture sensitive and may be difficult to compact during wet weather.
Once the surface is stripped, the top l2 inches of the exposed subgrade beneath structural fill,
pavement, and shallow foundation areas must be compacted. The subgrade should be compacted to
22-l-028J5 Grmdview Solu Tw.gtr.doc 22-t-02855-002
Sxaruron & Wrson, Iuc.
a minimum in-place dry density of 92 percent of the maximum laboratory dry density as determined
by the American Society for Testing and Materials (ASTM) Designation: D 1557, Laboratory
Compaction Characteristics of Soil Using Modified Effort.
Utility trenching and backfilling should be accomplished in accordance with ldaho Standards for
Public Works Construction (ISPWC). Based on our explorations, we anticipate that conventional
excavation equipment can accomplish the proposed excavations. Utility trenches should be
backfilled using structural fill compacted as specified below. Sufficient backfill should be placed
over the utility before compacting with heavy compactors to prevent damage.
Structural fill and all backfill should be placed in maximum 8-inch thick loose lifts, and compacted
to a minimum in-place dry density of 95 percent of the ASTM D 1557 maximum laboratory dry
density. If imported material is required for general backfill or structural fill, we recommend using
a material such as a well-graded, 2-inch-minus, pit run sand and gravel with less than 5 percent
fines, or crushed rock.
6.4 Excavations/Slopes
In our opinion, OSHA Soil Type C best describes the soil conditions at the site. Type C soils may
have maximum temporary slopes of I .5 Horizontal to I Vertical ( I .5H: I V). The site soils may cave
when dry and excavated vertically.
Permanent cut and fill slopes should be constructed with inclinations no steeper than2H: lV, and
must be protected from both wind and water erosion. Erosion protection may consist of a vegetative
cover or a minimum 3-inch layer of coarse concrete aggregate conforming to the requirements of
ITD Specification 703.03 "Concrete Aggregate Size 3."
6.5 Foundations
The proposed solar panel support frame structure may be supported on shallow driven pile
foundation embedded into the native soils. We analyzed the vertical and uplift capacity of the
preferred 8X8X50 H-pile section driven to a maximum 20 feet below the surface elevation and into
the underlying medium dense to dense sandy silt. We understand the anticipated maximum
penetration is approximately l5 feet. We assumed the ground surface elevation as +100 feet.
We estimated pile capacities versus depth under static loading conditions for the preferred piles.
We assumed that the piles will not develop a plug during driving. The estimated pile capacity
versus depth plots for static conditions are presented on Figure 4. The plot assumes the soil
conditions encountered in boring B-8, which represent approximately the average site conditions.
Because overburden thickness, soil density, gloundwater elevation, and variations in soil
parameters, pile order lengths should arbitrarily add at least 5 feet to the estimated lengths. The
22-l-02855 Gmduew Solu Tw gt.doc 22-t-02855-002
Snannou & WrsoN, INc.
designer should use the results carefully, realizing that the capacities are estimates and that
subsurface conditions can vary from the conditions encountered at our borings.
The pile uplift capacity should be estimated using the skin fiction capacity presented on Figure 3.
The allowable capacity may be increased by l13 for short-term transient loading conditions.
6.6 Lateral Load Resistance
Because of the relatively shallow embedment depth anticipated, we calculated the allowable lateral
loads resistance acting on the piles using the method describe in the 2009 International Building
Code Section 1807.3 Embedded Posts and Poles. Allowable lateral load versus pile embedment
depth for load application heights of 5, 7.5, and l0 feet above the ground surface are shown in
Figure 4.
Shallow building footings may be resisted by passive earth pressures acting against the sides of the
footings and friction forces on the bottom of the footings. For lateral displacement design, the
ultimate passive resistance of compacted, level backfill may be assumed equal to a 350-pcf
equivalent fluid pressure. We recommend neglecting passive pressure within 2 feet of the ground
surface. We recommend using a 0.35 friction coefficient to calculate sliding resistance between the
footing bottom and the native sandy silt.
6.7 Seismic Considerations
6,7.1 IBC Seismic Design Criteria
Based on the site geology and the soil conditions encountered in the explorations, we
recommend the following2009lBC seismic design criteria.
Site Class D (StiffSoil Profile)
Ss 0.461
Sr 0.088
Fa 1.59
Fv 2.40
6.7.2 Liquefaction
Liquefaction can occur when loose, granular, saturated soils (generally within 50 feet of the
surface) are subjected to ground shaking. Based on the anticipate groundwater depth and the sandy
silt at the site, it is our opinion that the potential for liquefaction at the site is low.
22-l-02855 Gilduew Solu Trc gtr.doc 22-t-02855-002
Sxauuon & WrsoN, INc.
6.8 Drainage
We recommend against allowing water to accumulate next to the pile foundations. We recommend
grading the area under the collector panels to drain away from the piles. All surface runoff should
be directed away from foundation areas by grading.
6.9 Construction Considerations
Variations in soil conditions are possible at the site and may be encountered during construction.
The geotechnical engineer should be retained to provide construction observation services during
the earthwork, excavation, and foundation phases of the project. Construction observation allows
the geotechnical engineer to observe the actual soil conditions exposed in the excavations and
determine if the proposed design is compatible with the design recommendations, and if the
conditions encountered at the site are consistent with those observed during the geotechnical study.
Construction observation is conducted to reduce the potential for problems arising during and after
construction. However, in all cases, the contractor is responsible for the quality and completeness
of their work and for adhering to the plans, specifications, and recommendations on which their
work is based.
We recommend retaining Shannon & Wilson, Inc to review the construction plans for the proposed
structures, and to provide construction observations services during site grading and foundation
installation. We anticipate that our services would include verifying subgrade soils, and observing
fill compaction and pile installation. We can provide construction observation services on a time
and expense basis.
7.0 LIMITATIONS
The analyses, conclusions, and recommendations contained in this report are based upon site
conditions as they presently exist. We further assume that the site explorations are representative of
the subsurface conditions throughout the site; i.e., site conditions are not significantly different from
those disclosed by the field explorations and observations.
If subsurface conditions different from those encountered in the field explorations are observed or
appear to be present beneath the excavations during construction, we should be advised at once so
that we can review these conditions and reconsider our recommendations, where necessary.
If there is a substantial lapse of time between the submission of this report and the start of
construction at the site, if conditions have changed because of natural forces or construction at the
site, or if the design or loading configurations change, we recommend that we review this report to
determine the applicability of the conclusions and recommendations concerning the time lapse or
changed conditions contained in this report.
22-l-02855 Grilduew Solu Trc gtr doc 22-t-02855-002
Sn-uuvmclru 8{r. Wuusont, Lm{:"
The scope of services did not include any environmental assessments or evaluations regarding the
presence or absence of wetlands or hazardous or toxic materials in the soil, surface water,
groundwater, or air', on or below the site, or for the evaluation or disposal of contaminated soils or
groundwater, should any be encountercd.
This report was prepared for the use of Alternative Power Development Northwest, LLC, and their
design team, in the design and construction of the proposed Grand View Solar Two project in
Elmore County, Idaho. This report was made for a specific set of proposed structures and locations
on the site. Variations fi'om the structure types or locations discussed in this reporl should be
analyzed by Shannon & Wilson to assess the potential geotechnical impacts of those variations on
the foundation recommendations included in this report.
As an integral part of this report, we have prepared the attached "Impoftant Information about Your
Geotechnical Engineeling Report," (Appendix C) to help you more clearly understand its use and
limitations.
SHANNON & WILSON,INC.
Dee J. Bumie, P.E.
Vice President
DJB:LJR/ljr
lz<'ilt/ or/l/'/ n
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22-l-02855 Grandvierv Solar Two.gtr.doc 22-t-02855-002
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Elmore County, ldaho
FIGURE
SMNNON EWI.SON.IIoEolEcts{rcrL ^Ho civrnorxEilr^t coieul DJB 12-Jul11 22-1-02855-002
35
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Pile C -
Ultimate Pile Capacity
Grand View Solar Two
Elmore County, ldaho 4
DJB 7112t2011 22-1-02855-002
Snaunon & WrrcoN, INc.
APPENDIX A
EXPLORATORY BORING LOGS
22-l-02855 Grmdview Sols Tw.gtr.doc 22-r-028ss-002
SOIL CLASSIFICATION CHART
oob
o
ooof
MAJOR DIVISIONS SYMBOLS TYPICAL
DESCRIPTIONSGRAPHLETTER
COARSE
GRAINED
SOILS
MORE THAN 50%
OF MATERIAL IS
LARGER THAN NO.
2OO SIEVE SIZE
GRAVEL
AND
GRAVELLY
SOILS
MORE THAN 50%
OF COARSE
FRACTION
RETAINED ON NO
4 SIEVE
CLEAN
GRAVELS
(LITTLE OR NO FINES)
li;3ri,!!.!!GW
\A/ELL-GRADED GRAVELS, GRAVEL -
SAND MIXTURES, LITTLE OR NO
FINES
)v\JovL
to"olor,Qo"9c GP
POORLY.GRADED GMVELS,
GRAVEL - SAND MIXTURES, LITTLE
OR NO FINES
GRAVELS WITH
FINES
APPRECIABLE AMOUN'I
OF FINES)
ff:t!rii.tt GM SILTY GRAVELS, GMVEL - SAND -
SILT MIXTURES
a/ta
GC CLAYEY GRAVELS, GRAVEL - SAND -
CLAY MIXTURES
SAND
AND
SANDY
SOILS
MORE THAN 50%
OF COARSE
FRACTION
PASSING ON NO.4
SIEVE
CLEAN SANDS
(LTTTLE OR NO F|NES)
SW \A/ELL.GRADED SANDS, GRAVELLY
SANDS, LITTLE OR NO FINES
SP POORLY-GRADED SANDS,
GRAVELLY SAND, LITTLE OR NO
FINES
SANDS WTH
FINES
APPRECIABLE AMOUNI
OF FINES)
SM SILry SANDS, SAND - SILT
MIXTURESffiscCLAYEY SANDS, SAND - CLAY
MIXTURES
FINE
GRAINED
SOILS
MORE THAN 50%
OF MATERIAL IS
SMALLER THAN
NO. 2OO SIEVE SIZE
SILTSAND #33i'#$']oCLAYS
ML
INORGANIC SILTS AND VERY FINE
SANDS, ROCK FLOUR, SILTY OR
CLAYEY FINE SANDS OR CLAYEY
SILTS WTH SLIGHT PLASTICITY
CL
INORGANIC CLAYS OF LOWTO
MEDIUM PLASTICITY, GRAVELLY
CLAYS, SANDY CLAYS, SILTY CLAYS,
LEAN CLAYS
OL ORGANIC SILTS AND ORGANIC
SILTY CLAYS OF LOW PLASTICITY
SILTSAND
"-E!i?Ri|Ul *
CLAYS
MH INORGANIC SILTS, MICACEOUS OR
DIATOMACEOUS FINE SAND OR
SILTY SOILS
ru CH INORGANIC CLAYS OF HIGH
PLASTICITY
'iliil,OH ORGANIC CLAYS OF MEDIUM TO
HIGH PLASTICIry, ORGANIC SILTS
HIGHLY ORGANIC SOILS PT PEAT, HUMUS, SWAMP SOILS WTH
HIGH ORGANIC CONTENTS
NOTE: DUAL SYMBOLS ARE USED TO INDICATE BORDERLINE SOIL CI-ASSIFICATIONS
s
Ea
ot
SolL DESCRIPTION II.io.oo
o-oEo
oo,o-
Eoa
EL IJ-Co,
XaE itr> o.rD> oo
Standard Penetration Resistance
(140|b. weight, 30-inch drop)A Blows per foot
,o l A(
Loose, tan, fine grained, sandy SILT (ML);
slightly plastic; dry.
5.0
21.5
"_[
I
Ii3
Ii4
"I
5
EEoc
o
cu
oz
10
15
20
Hard, tan/brown, silty CLAY (CL); low to
medium plasticity; damp.
Bottom of Boring
Completed 511112011
LEGEND* Sample Not Recovered
I StandardPenetrationTest
NOTES
1. The boring uras performed using driling methods.
2. The stratification lines represent the approximate boundaries betuEen soil typ
the transition may be gradual.
3. The discussion in the toxt of this report is necessary for a prop€r understandir
nature of the subsurface materials.
4. Groundwater lev6l, if indicated above, is for the date specilied and may vary.
0 20 40 6(
O % Water Content
Plastic Limit l-H Liquid Limit
Natural Water Content
:s, and
g of the
Grand View Solar Two Project
Elmore County, ldaho
LOG OF BORING 8.7
June 2011 22-1-02855-002
c. Kerer ro KEY Ior expEnalton or symDoE, cooes ano oeflntilons.
6. USC.S designation is based on visual-.manual classification and select€d lab testing.SHANNON &WLSoN,lNrc. I Frc. A.2
=oiit
oaIot
SOIL DESCRIPTION tr
!
o.o)o
o-oEo
ooo.EoU)
OL iLC0)
r> o-(rl > o)o
Standard Penetration Resistance
(140 lb. weight, 30-inch drop) Blows per foot
,n illl Af
Loose, tan, fine grained, sandy SILT (ML); non
to slightly plastic; dry/damp.
5.0
21.5
1 I
I)-2
Ir{
Ii-4
-I
5
ooo
fo
U
oz
10
15
20
Very stiff to hard, brown, silty CLAY (CL); low
to medium plasticity; damp.
Bottom of Boring
Completed 511112011
LEGEND
Sample Not Recovered
Standard Penetration TestI
NOTES
1. The boring was performed using drilling methods.
2. The stratification lines represent the approximate boundaries betu,een soil types, and
the transition may be gradual.
3. The discussion in the t€xt of this report is necessary for a prop€r understanding of the
nature of the subsurface materials.
4. Groundu/ater level, if indicated above, is for the date specified and may vary.
0 20 40 6(
O % Water Content
PlasticLimit !- # LiquidLimit
Natural Water Content
Grand View Solar Two Project
Elmore County, ldaho
LOG OF BORING B{
June 2011 22-1-02855-002
5. Keler to KEY ror expEnallon oI symoo6, cooes ano oernluons.
6. USCS designation is based on visual-manual classific€tion and selected lab testing..JI*TI!,.l'r.*,HhS9"};l[X*c I Frc. A-3
Standard Penetration Resistance
(140 lb. weight, 30-inch drop)A Blows per foot
Medium dense, tan, fine grained, sandy SILT
(ML); slightly plastic.
15.0
21.5
Hard, brown, silty CLAY (CL); low to medium
plasticity; damp.
Bottom of Boring
Completed 511112011
LEGEND O 20 40
* Sample Not Recovered O % Water Content
I StandardPenetrationTest plasticLimit |- .- LiquidLimit
Natural Water Content
NOTES
1. The boring was performed using drilling methods.
2. The stratification lines represent the approximate boundaries bet!\€en soil types, and
the transition may be gradual.
3. The discussion in the text of this report is n€cessary for a proper understanding of th€
nature of lhe subsurface materials.
4. Groundwater level, if indicated above, is for the date specified and rnay vary.
5. Refer to KEY for explanation of symbols, codes and definitions.
6. USCS designation is based on visual.manual dassiflcation and selecled hb testing.
Grand View Solar Two Project
Elmore County, ldaho
LOG OF BORING 8.9
June 201 1 22-1-02855-002
Standard Penetration Resistance
(140 lb. weight, 3O-inch drop)A Blows per foot
Loose, tan, fine grained, sandy SILT (ML);
slightly plastic; dry.
21.5
Very stiff to hard; brown/tan/ silty CLAY (CL);
low to medium plasticity; damp.
Bottom of Boring
Completed 511112011
LEGEND O 20 40
* Sample Not Recovered O % Water Content
I Standard Penetration Test plastic Limit |:__.-_l Liquid Limit
Natural Water Content
NOTES
1. The boring raas performed using drilling methods.
2. The stratification lines represent the approximate boundaries bet$/een soil tlDes, and
the transition may be gradual.
3. The discussion in the text of this report is necessary for a proper understanding of the
nature of the subsurface materials.
4. Groundwater level, if indicated above, is for the date specified and may vary.
5. Refer to KEY for explanation of symbols, codes and definitions.
6. USCS designation is based on visual-rnanual dassification and selected hb testing.
Grand View Solar Two Project
Elmore County, ldaho
LOG OF BORING B.1O
June 201 1 22-1-02855-002
Sxannon & WrsoN, fNc.
APPENDIX B
LABORATORY TEST RESULTS
22-l-02855 Grmdview Solr Trc.gtr.doc 22-t-02855-002
BaerWiigg lfi6bnofdtbt.Yab'nz,lA 9N02(509)469.?Odt ottlce
1f,9)169-70mfat
CLIENT; Shannon &
PROJECT: Grandview Solar Proiecl
SAMPLE SOURCE: B-7, S-2. D=5,
DATE SAMPLED: 5 t24l2O1 1
MATERIALTYPE: NAtiVE
NUMBER: 11-15.I
WORK ORDER *z 6117
SAMPLE NUMBER: 61'17-5
DATE TESTED: 5127 1201'l
TESTEDBY: SB
Asis Moisture Content Percent 14.5Yo Liouid Limit Plastic Limit Plast. lndex
23914
Medium Plastioity
s
.JEo
Eoo
oo
=
25.Ooh
24.O0/o
23.0%
22.0%
21.Oo/o
20 0o/o
19 Oo/o
Liquld Llmit
IFr".ii"lr, ct,"rtILr.-t
40 50 60
Llquld Limit (LL)
60
50
Eoo
E530
€
.8 zo
TL
10
0
110100
---,,\-,..\
\-
REVIEWEO BY:
BeerWii#g 1706lcdtid Ave
Yakina, ll{l 9802(fls)4693068 Ofiice(il9)46930mfax
GLIENT: Shannon
PROJECT: Grandview Solar Project
SAMPLE SOURCE: B-8,S-3,D-l0'
DATE SAMPLED: 512412o11
MATERIAL TYPE: NAtiVE
NUMBER: 11-1
WORK ORDER #:6117
SAMPLE NUMBER:6117-6
DATE TESTED: 512512011
TESTED BY: S.B.
ANAL
Slev€ Percent
Slze: Passlno: SDec6:
3',
2112"
1 112"
1 114"
1',
3t4"
5/8"
1t2"
3/8"
1t4',
Sleve
Size:
#4
#8
#10
#16
#20
#30
#40
#50
f60
#80
#100
#200
Percent
Passino: Specs;
,100%
80%
76%
63.4%
Grain Slze Distrlbution
100o/o
90o/o
80o/o
70% {
TD60% tq,,
50o/o I
40o/o Eu3Oo/o bA
20o/o
10o/o
0%
lJ,--Ll-l--:--Ll''-t--
.t-,-f-L-I
-t-.
II
I
I 'I I
Il':;--r aItt
rtItl+ttt
I I I
il+r{+tJlltl
10 1
Graln Slze, mm
0.1 0.01 0.001
.+SievEResults +Lo,verBound +UpperBound
REVIETIVED BY:
EeerWfi#,g ,106bndd,hL
takina.ltA 9802
{&9)469.to8otfa'l$9)46930mfat
CLIENT: Shannon & Wilson
PROJECT: Grandview Solar Proiect
SAMPLE SOURCE: B-9, S-2, D=5'
DATE SAMPLED: 51241201 1
MATERIAL TYPE: NAtiVC
PROJECT NUMBER: 1 1-151
WORK ORDER #: 6117
SAMPLE NUMBER: 61 17-7
DATE TESTED: 512712011
TESTEDBY: SB
COITIIENT
As-ls Moisture Content Percent Llouid Limit Plastic Llmlt Plast. lndex
24 10 14
Medium Plastcity
@r.,**fl
:e
o
Eoo
o
.E3
27.0o/o
26.O'/"
25.Oo/o
24.V/o
23.00h
22.0o/o
21-O%
20.0%,l9.070
18.070
17.Oo/o
---.-r\-:---r\__
--_______
a
40 50 60
Llquid Limlt (LLl
REVIEWED BY;
EaerWtiffiff 7106ltln'dtAle.
Yakina,ll/r 9N02(fl9)469-?0fi 0lfrce(fl9)4693070fax
CLIENT: Shannon & \A/ilson
PROJECT: Grandview Solar Project
SAMPLE SOURCE: B-10, S-4, D-15'
DATE SAMPLED: 51241201 1
MATERIAL TYPE: Native
NUMBER:'11-15
WORK ORDER #i 6117
SAMPLE NUMBER: 6117-8
DATE TESTED.. 512512O11
TESTED BY: S.B.
Sleve Percent
Slze: Passinq: Soecs:
3'
2112"
z',
11t2"
1 1l4u
1u
3t4',
5/8'
112"
3/8',
114"
Sleve
Slze:
#4
#8
#10
#15
#20
#30
#40
#50
#60
#80
#t 00
#200
Percent
Passlnq: Soecs:
10O"1"
90%
87%
74.3%
Grain Slze Dlstributlon
100%
90o/o
80o/o
700/o {tr60% 6o50o/o f
4}o/o Eo307o bo-
20%
1Oo/o
Oo/o
i
ttttat
Itr I tl l t'l t
I:{.t
+l+.-iitI i i. i11-l itt
,i;
T*tl
rtr, t ,r
l,tllTa-t I
t,
t.t.!
-lI
-l
r-l-tLLLttt iii
ri l
t,I
1000 100 I
Grain Size, mm
0.1 0.01 0.001
+SieveResults +LcrWerBound
-UpperBound
REVIEWED BY:
BAER Testing, fnc.
PROJECT:Solar Projeet
CLIENT Shannon & Wlson
SAMPLE $OURCE: See tselow
DATE SAMPLED: 52.42'011
MATERIALTYPE:
,TE 1
JOB NUMBER: 11-151
WORK ORDER NUMBER 6117
SAMPLE NUMBER: See Below
TESTED BY: S.B.
Deviatiun of Sundards NO YES rtl'yuerplamr
REtv{ARLS:
REVIEWEDBY;
$eve Eaer
Vice PresBent
PO Box z4 Yakimq Washingtou 989o7
Phone: 5o9-4593o68 Faxl 6o9-469-3o7o
Sxenruou & WrsoN, INc.
APPENDIX C
IMPORTAI\T INFORMA'TION ABOUT YOUR GEOTECHNICAL
ENGINEERING REPORT
22-t42E55 Gredviow Solr Trc.gtr.doc 22-t-02855-002
-I
I I SHANNON &WILSON, !NC.
=ll,
Geotechnicaland Environmental consultants
Attachment to and part of Report 22- I -02855-00 I
Date:
To:
Julv I l. 201 I
Altemative Power Development NW. LLC
Grand View Solar Enerey Proiect
Important Information About You r Geotech nicaUEnviron mental Report
CONSULTING SERVICES ARE PERFORMED FOR SPECIFIC PURPOSES AND FOR SPECIFIC CLIENTS.
Consultants prepare reports to meet the specific needs of specific individuals. A report prepared for a civil engineer may not be
adequate for a construction contractor or even another civil engineer. Unless indicated otherwise, your consultant prepared your report
expressly for you and expressly for the purposes you indicated. No one other than you should apply this report for its intended
purpose without first conferring with the consultant. No party should apply this report for any purpose other than that originally
contemplated without first conferring with the consultant.
THE CONSULTANT'S REPORT IS BASED ON PROJECT.SPECIFIC FACTORS.
A geotechnical/environmental report is based on a subsurface exploration plan designed to consider a unique set ofproject-specific
factors. Depending on the project, these may include the general nature of the structure and property involved; its size and
configuration; its historical use and practice; the location of the structure on the site and its orientation; other improvements such as
access roads, parking lots, and underground utilities; and the additional risk created by scope-of-service limitations imposed by the
client. To help avoid costly problems, ask the consultant to evaluate how any factors that change subsequent to the date ofthe report
may affect the recommendations. Unless your consultant indicates otherwise, your report should not be used: (l) when the nature of
the proposed project is changed (for example, if an office building will be erected instead of a parking garage, or if a refrigerated
warehouse will be built instead of an unrefrigerated one, or chemicals are discovered on or near the site); (2) when the size, elevation,
or configuration of the proposed project is altered; (3) when the location or orientation of the proposed project is modified; (4) when
there is a change ofownership; or (5) for application to an adjacent site. Consultants cannot accept responsibility for problems that
may occur if they are not consulted after factors, which were considered in the development of the report, have changed.
SUBSURFACE CONDITIONS CAN CHANGE.
Subsurface conditions may be affected as a result of natural processes or human activity. Because a geotechnical/environmental report
is based on conditions that existed at the time ofsubsurface exploration, construction decisions should not be based on a report whose
adequacy may have been affected by time. Ask the consultant to advise if additional tests are desirable before construction starts; for
example, groundwater conditions commonly vary seasonally.
Construction operations at or adjacent to the site and natural events such as floods, earthquakes, or groundwater fluctuations may also
affect subsurface conditions and, thus, the continuing adequacy ofa geotechnical/environmental report. The consultant should be kept
apprised of any such events, and should be consulted to determine if additional tests are necessary.
MOST RECOMMENDATIONS ARE PROFESSIONAL JUDGMENTS.
Site exploration and testing identifies actual surface and subsurface conditions only at those points where samples are taken. The data
were extrapolated by your consultant, who then appliedjudgment to render an opinion about overall subsurface conditions. The actual
interface between materials may be far more gradual or abrupt than your report indicates. Actual conditions in areas not sampled may
differ from those predicted in your report. While nothing can be done to prevent such situations, you and your consultant can work
together to help reduce their impacts. Retaining your consultant to observe subsurface construction operations can be particularly
beneficial in this respect.
A REPORT'S CONCLUSIONS ARE PRELIMINARY.
The conclusions contained in your consultant's report are preliminary because they must be based on the assumption that conditions
revealed through selective exploratory sampling are indicative of actual conditions throughout a site. Actual subsurface conditions can
be discerned only during earthwork; therefore, you should retain your consultant to observe actual conditions and to provide
conclusions. Only the consultant who prepared the report is fully familiar with the background information needed to determine
whether or not the report's recommendations based on those conclusions are valid and whether or not the contractor is abiding by
applicable recommendations. The consultant who developed your report cannot assume responsibility or liability for the adequacy of
the report's recommendations if another party is retained to observe construction.
THE CONSURANT'S REPORT IS SUBJECT TO MISINTERPRETATION.
Costly problems can occur when other design professionals develop their plans based on misinterpretation of a
geotechnical/environmental report. To help avoid these problems, the consultant should be retained to work with other project design
professionals to explain relevant geotechnical, geological, hydrogeological, and environmental findings, and to review the adequacy of
their plans and specifications relative to these issues.
BORING LOGS AND/OR MONITORING WELL DATA SHOULD NOT BE SEPARATED FROM THE REPORT.
Final boring logs developed by the consultant are based on interpretation offield logs (assembled by site personnel), field test results,
and laboratory and/or office evaluation of field samples and data. Only final boring logs and data are customarily included in
geotechnical/environmental reports. These final logs should not, under any circumstances, be redrawn for inclusion in architectural or
other design drawings, because drafters may commit erors or omissions in the transfer process.
To reduce the likelihood of boring log or monitoring well misinterpretation, contractors should be given ready access to the complete
geotechnical engineering/environmental report prepared or authorized for their use. Ifaccess is provided only to the report prepared
for you, you should advise contractors of the report's limitations, assuming that a contractor was not one of the specific persons for
whom the report was prepared, and that developing construction cost estimates was not one of the specific purposes for which it was
prepared. While a contractor may gain important knowledge from a report prepared for another party, the contractor should discuss the
report with your consultant and perform the additional or alternative work believed necessary to obtain the data specifically
appropriate for construction cost estimating purposes. Some clients hold the mistaken impression that simply disclaiming
responsibility for the accuracy of subsurface information always insulates them from attendant liability. Providing the best available
information to contractors helps prevent costly construction problems and the adversarial attitudes that aggravate them to a
disproportionate scale.
READ RESPONSIBILITY CLAUSES CLOSELY.
Because geotechnical/environmental engineering is based extensively on judgment and opinion, it is far less exact than other design
disciplines. This situation has resulted in wholly unwarranted claims being lodged against consultants. To help prevent this problem,
consultants have developed a number ofclauses for use in their contracts, reports and other documents. These responsibility clauses
are not exculpatory clauses designed to transfer the consultant's liabilities to other parties; rather, they are definitive clauses that
identify where the consultant's responsibilities begin and end. Their use helps all parties involved recognize their individual
responsibilities and take appropriate action. Some of these definitive clauses are likely to appear in your report, and you are
encouraged to read them closely. Your consultant will be pleased to give full and frank answers to your questions.
The preceding paragraphs are based on information provided by the
ASFE/Association of Engineering Firms Practicing in the Geosciences, Silver Spring, Maryland
U20lr
i:!'l.r, '
?iil.1*l_fi -S pil rr: ilZ
Peter J. Richardson (lSB # 3195) ::.; ; . j. ,
Gregory M. Adams (lSB # 7454) l-j ii-i'jt,,,,.1',, : .,
Richardson Adams, PLLC ' j''" I ':
515 N.27s Street
P.O. Box 7218
Boise,Idaho 83702
Telephone: [phone]
Fax: [phone]
[e-mail]
gre [e-mail]
Attorneys for Complainant
BEFORE THE
TDAHO PUBLIC UTILITIES COMMISSION
GRAND VIEW PV SOLAR TWO, LLC, )Complainant, ) Case No. IPC-E-I l-15
)vs. ) cnaND vtEw soLAR pv rwo,
rDAHo powER coMpANy , J !l-?i RESPONSE ro ORDER No'
Respondent. )
)
Exhibit No. 9
Engineering and Site Layout Documents
llNnOC:lUOn]! O iL U\ftrs Ad rrEI ONYlIE
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Peter J. Richardson (lSB # 3195)
Gregory M. Adams (lSB # 7454\
Richardson Adams, PLLC
515 N. 27tr Street
P.O. Box 7218
Boise,ldaho 83702
Telephone: [phone]
Fax: [phone]
[e-mail]
gre g@richardsonadams. com
Attorneys for Complainant
GRAND VIEW PV SOLAR TWO, LLC,
Complainant,
vs.
IDAHO POWER COMPANY,
Respondent.
BEFORE THE
TDAHO PUBLIC UTILITIES COMMISSION
Case No. IPC-E-I l-15
GRAND VIEW SOLAR PV TWO,
LLC's RESPONSE TO ORDER NO.
32861
ExhibitNo. 10
Small Generator lnterconnection Request
SIT{ALL GENERATOR INTERCOI\I\IECTION REQUEST
(Applieation Form)
Transmission Provftlcr: ID.A,HO POfilER COMPAFIY
Desigrated Contact Person: Rowena Bishop
Address:
Telephone Number:
Fax:
E-Mail Address:
l22lW.Idaho Steet, Boise ID 83702
208-388-26s8
208-3884il7
tbishop@idahopower. com
An Intercomection Request is considered complete when it provides all 4plicable and correct
informaion required below.
Preemble end Instmctions
An Interconnection Customers who request intercomection must submil this Interconnection Reguest by
hand delivery, mail" e-mail, or fax to tlre Trmsmission Provider.
Proccssing Fce or Deposit:
lf the lnterconnection Request passes ALL screens of SGIP Section 2-2.l,tb ryplication may be
sbmitted under the Fast Track Proe,esg and the aon-rofundable prmessing fee is $500. Please contact
ldaho Porver if you have my questions.
All Interconnection Requsts submitted under the Study Procesq whether a new zubmission or an
Interconnection Request that did not oass the Fast Traok Process. shall submit to tlre Transmission
Provider a dcpoeit not to o(cced S1,000 tovnards fte cost oftte frcibility sudy.
Interconnection Customer lnformation
Legal Nme oftte Interconnection Customer (or, if m hdividual, individual's narre)
Nmc: 6tn.t
conactPcrson,Tobu-qr R. Fo u U
MdlinsAddress: 5 t 5 tU.. Ofl' S"r(*af
Stm:-.JO zip: E 3',)o.\-
Frility Loc*ion (if ditrercnt ftm above):trL-^lD Y ie.*l .IO
retcphoae @"y)"7 6! --BLl:L!9-{Tolephone (Evening):
For: cJ.o8.93S.?to4 E-Mait Adftess:; CD rr-.
Alternuive contact Inform*ion (if different from the lutercomectior customer)
1 -,:-> .- \
coutactNnnq J i- r<t- -Ri
"HsRlSo J
riuq h< n".B<-L
Address: 5 r 5 . N, ?!' 9[l*+e-f
Telephone (Day): ]o R 'i 38 ?1o I relcphme @vaing)' Jr-l 3 I g'7 .,\p \ I
rocf,oB,'l 3.3.'77o4 EMail Address: psr<,$.9,< ;- u+.RJ,s.,,J I ;..i o I i<*\' (c *
Apprication - t' gU;:,HIm#HmXLar
Generating FacilE
If capacity additionto existing facility, please describe:
Will the Small Generating Facitity bo usd for ary of &e following?
To Srryply Powsto &e Imerponnection Customer? Yes
-No(To Sr4[lyPowerto O&crs? YesX No
-For installdions u locations with existing electic service to which the proposed Small Generating
Facility will interconnect, provide:
(E:risting Account Number*)
[*To be provided by the tnterconnection Customs if the local elecric service provido is different from
tte Tranmission Providerl
Contact Narne:
Title:
e
Address:
Telephone (Day):
Fa:r:
Telephone (Evening):
E-MaiI Address:
Requested Point of Irtercomection , CXc- 4Zn t
Interconnection Customer's Requested In-service Dfrr;: I o,/ JJai /
F,mrry source:! sola
-
wind
-Hydrro -Hy&o
Tne (e.g. Rrm-of-Rivo):
_Diqial _NdralGas _PudOit _ Orher(suet)"e)
PrimeMover: _FuelCell _RecipEngine _GasTurb
GareraorNamcplateRatirg: fOo **C$"rcal)GmamNameptr*ekV*, d
lmerconnecion Custmcr or Custmer-Site Lm* /h *W (ifnone, so state)
Tpical Reactive lnad (iflnoum), {)
List components of fte Small Generating Facility equiparent package tbat are currently certified:
lvlaximrm Ph]r$cal Expo,rt C4ability Requesed ZU , COO ya1
Equipment TypeI.-S*(r.,irJ .rU ! te.fei'
Induction )( Irvertet
-
2. gtfAat' P'{ rvto}.;al5
3. f cc,fe-re r-z'Ltri5ft*r{l€3-
4.
5.
Is the prime mover corrpatible with the certified protective rclay package? X yes
Nameplm Onput Power Raing in kVA: (Summcr)
lnterconnection Request Elwation:Single phase _Jhree phase
Small Gcnerating Facilitv Inforration
D*aapply only to ihe Small Generating Facility, not the Interconnection Facilities.
,*PVT.
_Steaur Turb
_Other_Mioroturbine
Type of Genermor _Synshronors
Certifuing EntityL.5Ar-"^ =-
Grnerator (or solr collector)
Manufactuer, Model N;;& Number: S d ALf fH, 'J Frt*r'r ilA- v' t zt t-t t
VersionNumbsr: N lA
NmeplaeOxputPowerRatinginkW: (Svwl?Jtt>c-,cs (Whter) TUOo<;
Individual Generffir Power Factor
R*edPowcrFacton r;r,qi, O.? A b{ U srABt-d
) c.l tf ${'>Arll+L
Total Number of Generatons in whd fann to be interconoeoted pursuant to this
InverterManufacturer, ModelN*me&Ntrmber(ifused): 9N,-icoi-.l (Lc{t,'t.'-cc--( - \(:'Vt )
List of adjustable set points for the protective equipmerrt or softrvare: .= o " ., tl-.i *L -- c\
Reouest. je-e. Lt,\e_- [trr_u'Ii\ P,
Small Generating Facility Characteristic Data (for inverter-based machines)
Ivlax design fault contn'bution cunent ?ffi. [- d Instaotaneous
-
or RMS?
Harmonics characteristi.r. ( L' ,'3" 1r, -T- rt )
Start-up requiremeirts:
.. -_a.l<- c .\ '/"
Small Generating Facility Characteristic Data (for rotating machines)
RPMFrequency: N /A(*) Neutal Grounding Resistor (If Applicable):
Synchronous Generators :
DirectAxis SlmchronorsReagtance,Xd: N lA P.U.
Direct AxisTransieotReact&@, X6: P.U.
Dfuect Axis Subfansieut Reactmce, X"6: P.U.
Negdive Sequence Reacmcg Xz: _ P.U.
Zero Sequence Redance, lh:
KVA Base:
Field Volts:
Field Amperes:
lnduction Generators:
MotoringPower(kw): Ni I A
Iz2t or K (He*ing Time Constant): _
Rotor Resistance, Rr:
Stator Resistance, Rs:
Stator Reactance, Xs:
RotorReactmc€, Xr:
Mapetizing Reactmcg )(m:
Short Circuit Reactance, Xd":
Exciting Current:
Temperature Rise:
Frane Size:
P.U.
Design Letter: r
Rea&ve eo*er neqoired Itr Vils (No Load):
Reactive Power R{rirea n vrs (rull lrrd4[
Total Rotating Inertiq H: perG;;mA B"s€
Note: Please contact the Trasmission Provider rior to submitting the Interconnection Request to
deermine if tho socoified informarion above is required.
Is the tmsformer: single phase _three phase?
Transformer Im@ance: o/o on kVA Base
IfThree Phase:
Excitaion and Govefsor Svstem Data for S!.ochronous Gerner&rs Oolv
Provide appropriate IEEE model block diagram of excituion system, goveruor qyst€m and power system
stabiliz€r (PSS) in accordmce with &e regional reliabit$ council criteria A PSS may be d*ermined to
be required by applicable studies. A copy of the mmufactuer's block diagrm may not be substituted-
Intercouncctbn tr"acilitics Informatinn
Will a trmsformer be usd bcnccn the gen€rdor ard the point of common coupting? _Yes lNo
WiIl tte trmsf,ormer be provided by ihe InErconnoction Cfrstomer? _Yes J_No
Transformer Data (If Apolicable" for Interconnestion Custom€r4wrcd Trmsf,ormer):
size: !/A tvn
Transformer Primary: _ Volts _Delta 'Wye _ lf,/ye Grormded
TransformerSecondary:_Volts_Dela Wye WyeGrounded
Trmsformr Tertiry:Volts Delta _Wye_ Wye Grounded
Transformer Fuse Daa fif Applicable. for Int€rconnection Chstom€r0wned Fuse):
(Attach copy of firse menufachrrer's Minimum Melt and Total Clering Time-Current Curvos)
Murufacnuer r...} { A Type:Size: Speed:
Interconnectins Circuit Breaker (if apolicable):
Marufacturer, CWi)e F-, isuw.eiL rl,pe rJC,rlA ^?i t'.}-:'
LnadRating(Amps): L3 o InterruptingRating(Amps): /?r Su c Tripspeed(Cycles): Cuti vte-i
Interconnection Protective Relays (If Applicable):
If Microprocessor-Controlled:
List of Functions and Adjustable Setpoinb for the prrotective equipment or software:
Setpoint Function Minimum Maximum
l.
2.
3.
4.
5.
6.
If Disorrete Conroonents:
(Enclose Cory of ary Proposed Time-Overcurre. t Coorrrdinatim Curves)
t{andacnltr' / / O. Ty?e:
-
Style/Cralog No.:
-
Proposed Sefring:
Ivlmufacturer:
-
Type:
-
Style/CcalogNo.: _ Prryosed Sdting:
Maufrcmrer:
-
T}rye:
-
Style/Ccalog No.: _ Prqosd Seting:
IvImu&cnner:
-
Type:
--
Style/CaalogNo.:
-
Proposod Scting:
brmu&ctu€r:
-
Typq
-
StyletC*atogNo.:
-
Proposed Serning:
Clrrent Transforoer Dm (If AUplioable):
(Enclosc Copy of Mmufacurcds Excitatim and R*io Correctim Cuves)
lvlmrfrctorcr: til Coofff{ R ge--ose,e*-
Accuracy Class: -
ProposcdRaio Comection:
-MmfacfirEr:
Accurary Class: - Propos€d R.cio C.onnection:
-Pomtial Trmsforma Dm CIf Aoptcable):
L,lm
Tlpe:Accuracy Ctass:Ntl Proposed Raio Connestion: 175':
O13 tJ,1rvtl,ntZ a,.bztdmuffirer:
Tlpe:Accurasy Class:
-
Proposed Ratio Connectiolt:
-
Gcncral Information
Enclose copy of site electrical one-line diagram showing the configuraion of all Small Generating
Facility equipment current and potential cirouie, and protection md contol schernes. This one-line
diagrarn must be sigped and smped by a licensed Profess.ional Engineer if the Small Generaing Facility
is larger ftm 50 kW. Is One-Line Disge Enclosed? _!Yes _No
Enolose copy of my site doomentrim tha indicaes the precise physical location of the proposed Small
Generuing Facility (E USGS topographic map or other diagram or doctmeartation).
Proposed locdim ofprotective interface equipment on pqperty (include address if different from the
Interconnection Customcr's addrcss)
Enclose copy of my site dooumentcim tha describes ad detailg fte operdion of &e protection and
contol schemes. Is Available Docunentation Enclosed? Y. yes No
Enclose copies of schematic drawings for all protection and coufol circuits, relay orrreot circuitq relay
poteotial circuis, md alrm/monitoring circuits (if ryplicable).
fue Schmatic Drawings Enclosed? X-vo
-NoAoo.llcant Simature
I hereby c€rtify rhd, to tre best ofrny knowledge, all the information provided in this lnterconneaion
Request is true and conect.
For Interconnection Customq:
3-I(i -aoll
==r:.r
l',"-'l
?813 EUG -5 Pii L: l+2
Peter J. Richardson (lSB # 3195)
Gregory M. Adams (lSB # 7454)
Richardson Adams, PLLC
515 N.27s Street
P.O. Box 7218
Boise,ldaho 83702
Telephone: [phone]
Fax: [phone]
oeter(E rich ard son ad am s. co m
greg@richardsonadams. com
Attorneys for Complainant
GRAND VIEW PV SOLAR TWO, LLC,
Complainant,
vs.
IDAHO POWER COMPANY,
Respondent.
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
!.1" - I .
I r-rr tai n-r-r 11a1. r
i . !: ! i - _- i ,1
Case No. IPC-E-l l-15
GRAND VIEW SOLAR PV TWO,
LLC's RESPONSE TO ORDER NO.
32861
Exhibit No. I I
March 31,201l, Letter from Rowena Bishop
SEffi*.
An IDACORP ComDanY
March 31,2011
via email and
Csrtifi ed Mail # 7 00928200002837 3 | 69 I
Robert Paul
515 N 276 Street
Boise, lD 83702
Ph 760-861-1104
Re: Grand View Solar Two- Project # 369
Dear Mr. Paul:
Thank you for your Generator lnterconnection application for the Grand View Solar PV Two
Project to be connected to the Idaho Power system at Elmore County, Idaho (see attached copy).
Since we have received all of the required materials, this application is now considered complete.
As you may be aware, we are required to post certain information to our OASIS (Open Access
Same Time Information) website. Please refer to the website periodically to view a list of
current projects at http://www.oatioasis.com/IPCO/index.htnl under GENERATOR
INTERCONNECTION INFORMATION folder, onthe left side of the screen.
For your reference, enclosed is a copy of Idatro Power Company's Facility Connection
Requiranents which may or may not apply to your project. More information about the
Generation Interconnection process can be found on the ldaho Power website at:
htto://www.idahopower.com/AboutUVBusinessToBusiness/Generationlnterconnect/default.cfrn
Idaho Power must comply with regulatory requirements to provide a list of completed study
reports and provide copies of final study reports upon request to the public. All study reports
will be subject to any confidentiality requirements that arise from receipt of proprietary
information from you. Federal regulations do not allow us to release Critical Electrical
Infrastructure Information. All study reports will be provided to you in redacted format, unless a
signed Non-Disclosure Agreernent is received for this project (see attached NDA).
Since you will be selling the project output to Idaho Power Company-Power Supply (as a
Network Resource-NR, or as a PURPA), transmission studies for moving this energy to the load
or a point of delivery inside of our system will be included in the Generator lnterconnection
studies. You should still contact Randy Allphin for your Power Sales contract under a parallel
process. He can be reached at 208-388-2614.
At this time, Idaho Power Company will assign a planning engineer for this project, and we will
contact you in the near future to schedule a Scoping Meeting.
Page I of2
For your review, I am attaching a copy of the standard Interconnection Feasibility Study
Agree,ment that needs to be executed by you soon after our Scoping Meeting. Please feel free to
contact me with yotr questions about the Generator lnterconnection Process anytime.
I will forward this application to our T&D Planning Leader, Marc Patterson, who will be
evaluating your request.
Sincerelv.W
Operations Analyst
Ph 208-388-26s8
Encl Application
Idatro Power Company's Facility Connection Rquirements
Non-Disclosure Agreement for Generators
Standard lnterconnection Feasibility Study Agreement
Cc (via email):
Marc Pattersor/IPC
Randy Allphir/IPC
Page2 of2
i i.i:i..".. .., .
Inlj i:ijt -[ p:j r;: t1l
Peter J. Richardson (lSB # 3195)
Gregory M. Adams (lSB # 7454)
Richardson Adams, PLLC
515 N.27ft Street
P.O. Box 7218
Boise,ldaho 83702
Telephone: [phone]
Fax: [phone]
peter@richardsonadams. com
sre g@richardsonadams. com
Attorneys for Complainant
GRAND VIEW PV SOLAR TWO, LLC,
Complainant,
vs.
IDAHO POWER COMPANY,
Respondent.
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
Case No. IPC-E-I l-15
GRAND VIEW SOLAR PV TWO,
LLC's RESPONSE TO ORDER NO.
32861
Exhibit No. l2
Generator [nterconnection Feasibility Study
Draft Report
May 19, 201I
GENERATOR INTERCONNECTION
FEASIBILITY STUDY
For integration ofthe proposed
GENERATION INTERCONNECTION PROJECT #369
In
ELMORE COLJNTY,IDAHO
To the
IDAIIO POWER COMPANY ELECTRICAL SYSTEM
DR,A.TT REPORT
May 19,2011
JH
General lnterconnection lnformation
Queue
Date of
Reouest Location
Totalffiwl
Station or
Trans Llne
for POI
ProJected
ln-Service
Date
Type of facility
(comblned cycle,
base load, CT, fuel
tvnel
369
29 Mar
201 1
EImore
Countv 8. 20
Canyon Creek
Substation Oct 2011 Solar
Generator lnterconnection Feasibility Study
Short Gircult Analysis Results
System Changes Rcquired: [Y"s EINo
Ifyes, a dcscription ofchanges required:
Power Flow Analysis ResulG
System Changes Required: XYes flNo
lfyes, a description ofchanges required:
An 8MW interconnection will require a generation interconnection and protection package.
To serve the full 20MW project the station transformer must be rcplaced witb a 44.8MVA transformer and
the distribution circuit must be rebuilt between the Point of Interconnection and the substation.
Good Faith Gost Estimate
Intercounection cost estimate-
Total cost estimate: $225,000 for 8MW, $1,480,000 for 20MW.
This cost doesn't includc costs ofcustomer owned substation and distribution.
System lmpact Study Required? Eves fJHo
Dercrlptlon Esdmated Cost
First 8MW
Generation Interconnection and Protection Paokage $225,000
Estimated Cost to Serve 8MW s225,000
Full Project
Generation Intercoruroction and Protection Package s225,000
44.8MVA Transformer s72s,000
Other station upgrades and labor $505,000
Distribution Circuit Rebuild s25,000
Total Estimated Cost to Serve 20MW s1,480,000
-1-
nf *[1:,j,"';
?l!l AliG -5 ff! !: [J
Peter J. Richardson (lSB # 3195) ,-.: , : . .
GregoryM.Adams(IsB# 7454)
'.,ti1-ii;,-1--,.., . ., ,,,.:,
Richardson Adams, PLLC
515 N.27tr Street
P.O. Box 7218
Boise,ldaho 83702
Telephone: [phone]
Fax: [phone]
oeter@.richardsonadams.com
{ e s.(A.richard son ad am s. co m
Attorneys for Complainant
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
GRAND VIEW PV SOLAR TWO, LLC, )Complainant, ) Case No. IPC-E-11-15
)VS. ) CNEND VIEW SOLAR PV TWO,) LLC's RESPoNSE To oRDERNo.
IDAHO POWER COMPANY, ) 32861Respondent. )
)
Exhibit No. l3
Generator lnterconnection Feasibility Study
Final Report
May 23,2011
GENERATOR INTERCONNECTION
FEASIBILITY STUDY
For integration ofthe proposed
GENERATION INTERCONNECTION PROJECT #369
In
ELMORE COUNTY,IDAHO
To the
IDAHO POWER COMPANY ELECTRICAL SYSTEM
FINAL REPORT
May 23,20ll
JH
Genera! lnterconnection lnformation
Queue
Date of
Reouest Location
Total
(MW)
Station or
Trans Line
for POI
Projected
ln-Service
Date
Type of facility
(combined cycle,
base load, CT, fuel
tuoe)
369
29Mar
201r
Elmore
Countv 8, 20
Canyon Creek
Substation Oct 201I Solar
Generator Interconnection Feasibil ity Study
Short Gircuit Analysis Results
System Changes Required: lYes XNo
Ifyes, a description ofchanges required:
Power Flow Analysis Results
System Changes Required: XYes ENo
Ifyes, a description ofchanges required:
An 8MW interconnection will require a generation interconnection and protection package.
To serve the full 20MW project the station transformer must be replaced with a 44.8MVA transformer and
the distribution circuit must be rebuilt between the Point of Interconnection and the substation.
Good Faith Cost Estimate
Interconnection cost estimate.
Total cost estimate: $2251000 for 8MW, $1,480,000 for 20MW.
This cost doesn't include costs of customer owned substation and distribution.
System lmpact Study Required? Xyes E tto
Description Estimated Cost
First 8MW
Generation Interconnection and Protection Package $225,000
Estimated Cost to Serve EMW $225,000
Full Project
Generation Interconnection and Protection Package $22s,000
44.8MVA Transformer $725,000
Other station upgrades and labor $s0s,000
Distribution Circuit Rebuild $25,000
Total Estimated Cost to Serve 20MW $1,480,000
Peter J. Richardson (ISB # 3195)
Gregory M. Adams (ISB # 7454)
Richardson Adams, PLLC
515 N. 27ft Street
P.O. Box 7218
Boise,ldaho 83702
Telephone: [phone]
Fax: [phone]
[e-mail]
gre g@ richardsonadams.com
Attorneys for Complainant
GRAND VTEW PV SOLAR TWO, LLC,
Complainant,
vs.
IDAHO POWER COMPANY,
Respondent.
June2,20ll
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
!.:r {--!! t-:'' I 't!
Case No. IPC-E-I l-15
GRAND VIEW SOLAR PV TWO,
LLC's RESPONSE TO ORDER NO.
32861
l+3
Exhibit No. l4
Letter From Orlando Ciniglio
ffiffi*.
An ll.lf llEF L.JmFJfl!
June2,20ll
Certified Mail # 70090820000123019 l2l
Robert Paul
515 N 27th Street
Boise, ID 83702
760-86r-l 104
RE: Project # 369 - Grand View Solar 2
Dear Robert:
Enclosed is the Final Feasibility Study Report for the above-referenced project. The feasibility analysis
indicates that modification/addition of some facilities will be required to integrate the network resource
capacity addition of your project into the Idaho Power system. Please note, the Feasibility Study alone
does not provide any transmission rights nor determines the necessary network upgrades to move the
project energy to the load or a point of delivery in our system.
Idaho Power requires further studies to evaluate the system integration requirements for this project, and
the physical constraints of existing facilities. Enclosed is a System Impact Study Agreement (SISA) that
describes the studies required, the responsibilities and obligations of both parties, and the required work
schedules. Idaho Power must also receive the following data in order to begin studies.
Idaho Power Companv Data requirements for Generation Interconnection Proiects
Idaho Power requires transient stability data, useable in the General Electric PSLF software
program, for generation interconnections studies, as well as, future WECC electrical grid simulations
once the project is put in-service. Generation developers are required to provide the transient
stability data which is appropriate for the generators they utilize in their projects.
Transient stability modeling data falls into two basic categories; user written models (EPCL i
epcmods) and GE PSLF standard models. Whilp either type of model can be used for the generation
interconnection studies, GE PSLF standard model data is preferred as it is required for future WECC
electric grid simulations and is also required by ldaho Power prior to interconnecting your project to
the ldaho Power system.
User written models (EPCL / epcmods) provided as part of the transient stability data for the
turbine(s) in your project, are only good as long as the response obtained by the corresponding
generic models in PSLF results in similar performance.
' jl 1 r'r ll3 lli rl (a-'i l:-i:i
t'f-j fi;ri l,i
li,:,rir l,:, ii.i0i
If only user written models are provided initially, you will be required, before interconnection to our
system can be permitted, to submit parameter values for your project's corresponding generic
models in order for us to adequately validate its performance.
A Restudy for system impact will be required should the generation installed end up being different
than what was specified and studied during the System lmpact Study phase. Corresponding
parameters for the generic models will need to be provided for the actual equipment and the plant
response re-evaluated by IPCO Planning before interconnection to our system would be allowed.
The supplier you ultimately select for your project needs to be responsive to your request for data for
the GE PSLF standard models. We suggest you make this requirement known to any suppliers you
are considering. Please contact me promptly if you have any questions about these data
requirements.
Enclosed are two System Impact Study Agreements (SISA) for the above-referenced generator
interconnection project. In order to proceed with this application, Idaho Power must receive your
agreement by signing and submitting all of these items by July 15.2011. otherwise your application
will be deemed withdrawn:
l. Two (2) signed SISAs,
2. the requested data described above (Idaho Power Company data requirements), and
3. a $10,000 deposit.
Please submit to: Idaho Power Company, Attention: Rowena Bishop, l22l West Idaho Street, Boise, ID
83702. I look forward to hearing from you soon.
Sincerely,- ,_,iirl i i
hlSr+ln r'-tu:f-'.,-:
Orlando Ciniglio
Leader, System Planning Engineering
208.388.2248
Enclosures: Final Feasibility Study Report
two SISAs for signature
C (via email):
Rowena Bishop/IPC
Marc Pafferson/lPC
:.ill,,i. l,..l.l"r* ii tu-.i J.J-ii
Pft F,.'r jn
E(,ric. lii.!i:iU.l
Peter J. Richardson (ISB # 3195) -:C'-:':::: -'
Gregory M. Adams (ISB # 7454)
Richardson Adams, 'LLC
?fi1 ilili} _5 i=rl lr, l+3
515 N. 27th Street I :
P.O. Box 7218 l-ili i: -.' : . , ... .,.
Boise,Idatro 83702
Telephone: [phone]
Fax: [phone]
peter@richardsonadams. com
gre e@richardsonadams. com
Attomeys for Complainant
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
GRAND VIEW PV SOLAR TWO, LLC, )Complainant, ) Case No. IPC-E-11-15
)vs. ) cnaND vIEw soLAR PV Two,) LLC's RESPoNSE To oRDER No.IDAHO POWER COMPANY, ) i2getRespondent. )
)
ExhibitNo. l5
System Impact Study Agreement
August 26,2011
Small Generator System Impact Study Agreement
Grand View Solar 2 -Projecl# 369
System Impact Study Agreement
+F
THIS AGREEMENT is made and entered into ttrisl6 201 1, by and
b"t*."nG(l^olp \/i..,,-t flf SoL.q(lIuro ct.u organized
and existing under the laws of the State of
("Interconnection Customer,") and Idaho Power Company a Corporation existing under the laws
of the State of ldaho, ("Transmission Provider"). lnterconnection Customer and Transmission
Provider each may be referred to as a "Party," or collectively as the "Parties."
RECITALS
WHEREAS, the Interconnection Customer is proposing to develop a Small Generating Facility
or generating capacity addition to an existing Small Generating Facility consistent with the
lnterconnection Request completed by the Interconnection Customer on, March 30,2011; and
WHEREAS, the lnterconnection Customer desires to interconnect the Small Generating Facility
with the Transmission Provider's Transmission System;
WHEREAS, the Transmission Provider has completed a feasibility study and provided the
results of said study to the Interconnection Customer (This recital to be omitted if the Parties
have agreed to forego the feasibility study.); and
WIIEREAS, the lnterconnection Customer has requested the Transmission Provider to perform
a system impact study(s) to assess the impact of interconnecting the Small Generating Facility
with the Transmission Provider's Transmission System, and of any Affected Systems;
NOW, TIIEREFORE, in consideration of and subject to the mutual covenants contained herein
the Parties agreed as follows:
L0 When used in this Agreement, with initial capitalization, the terms specified shall have
the meanings indicated or the meanings specified in the standard Small Generator
Interconnection Procedures.
2.0 The Interconnection Customer elects and the Transmission Provider shall cause to be
performed a system impact study(s) consistent with the standard Small Generator
Interconnection Procedures in accordance with the Open Access Transmission Tariff.
3.0 The scope of a system impact study shall be subject to the assumptions set forth in
Attachment A to this Agreement.
4.0 A system impact study will be based upon the results of the feasibility study and the
technical information provided by Interconnection Customer in the Interconnection
Request. The Transmission Provider reserves the right to request additional technical
information from the Interconnection Customer as may reasonably become necessary
consistent with Good Utility Practice during the course of the system impact study. If the
Interconnection Customer modifies its designated Point of lnterconnection,
5.0
Small Generator System Impact Study Agreement
Grand View Solar 2 - Project # 369
Interconnection Request or the technical information provided therein is modified, the
time to complete the system impact study may be extended.
A system impact study shall consist of a short circuit analysis, a stability analysis, a
power flow analysis, voltage drop and flicker studies, protection and set point
coordination studies, and grounding reviews, as necessary. A system impact study shall
state the assumptions upon which it is based, state the results of the analyses, and provide
the requirement or potential impediments to providing the requested interconnection
service, including a preliminary indication of the cost and length of tirne that would be
necessary to correct any problems identified in those analyses and implement the
interconnection. A system impact study shall provide a list of facilities that are required
as a result of the Interconnection Request and non-binding good faith estirnates of cost
responsibility and time to construct.
A distribution system impact study shall incorporate a distribution load flow study, an
analysis of equipment interrupting ratings, protection coordination study, voltage drop
and flicker studies, protection and set point coordination studies, gounding reviews, and
the impact on electric system operation, as necessary.
Affected Systems may participate in the preparation of a system impact study, with a
division of costs among such entities as they may agree. All Affected Systems shall be
aftorded an opportunity to review and comment upon a system impact study that covers
potential adverse system impacts on their electric systems, and the Transmission Provider
has 20 additional Business Days to oomplete a system impact study requiring review by
Affected Systems.
If the Transmission Provider uses a queuing procedure for sorting or prioritizing projects
and their associated cost responsibilities for any required Network Upgrades, the system
impact study shall consider all generating facilities (and with respect to paragraph 8.3
below, any identified Upgrades associated with such higher queued interconnection) thal
on the date the system impact study is commenced -
8.1 Are directly interconnected with the Transmission Provider's electric system; or
8.2 Are interconnected with Affected Systems and may have an impact on the
proposed interconnection; and
8.3 Have a pending higher queued Interconnection Request to interconnect with the
Transmission Provider's electric system.
A distribution system impact study, if required, shall be completed and the results
transmitted to the Interconnection Customer within 30 Business Days after this
Agreement is signed by the Parties. A transmission systern impaot study, if required,
shall be completed and the results transmitted to the Interconnection Customer within 45
Business Days after this Agreement is signed by the Parties, or in accordance with the
Transmission Frovider's queuing procedures.
6.0
7.0
8.0
9.0
Small Generator System Impact Study Agreement
Grand View Solar 2 - Project # 369
10.0 A S10,000 deposit will be required from the lnterconnection Customer upon execution of
this agreement by the Interconnection Customer.
ll.0 Any study fees shall be based on the Transmission Provider's actual costs and will be
invoiced to the Interconnection Customer after the study is completed and delivered and
will include a summary of professional time.
12.0 The Interconnection Customer must pay any study costs that exceed the deposit without
interest within 30 calendar days on receipt of the invoice or resolution of any dispute. If
the deposit exceeds the invoiced fees, the Transmission Provider shall refund such excess
within 30 calendar days of the invoice without interest.
IN WITNESS TIIEREOF, the Parties have caused this Agreement to be duly executed by their
duly authorized officers or agents on the day and year ftrst above written.
Printed: Orlando Ciniglio
Title: System Planning Leader
Date: t-t- )0\\-
customer:Gpo"ro Y;"", W g,^(-tlo, Luc
,tr,. \oo.t.6.il,U,. f,Vnntc{\.
Date B - qS- Ao /)
Small Generator System lmpact Study Agreement
Grand View Solar 2 - Project # 359
Attachment A
Assumptions Used in Conducting the System lmpact Study
The system impact study shall be based upon the results of the feasibility study, subject to any
modifications in accordance with the standard SmallGenerator lnterconnection Procedures, and
the followlng assumptions:
1) Designation of Point of tnterconnection and conflguration to be studied.
ldaln Power lnterunn*tlon Polrrt
Lat/Long Coordinstes
43'.0r'.23.fl"N
776'.O7',O2.57"W
GPSCoordinohs
43deg 7.392i1mln N
116deg 1.U18 minW
(see attoched site plan)
2) Designation of alternative Points of lnterconnection and configuration.
1) and 2) are to be completed by the lnterconnection Customer. Other assumptions (listed
below) are to be provided by the lnterconnection Customer and
'w,/1
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CONDITIONAL USE PERMIT
GRANO VIEW SOLAR PVTWO, LLC
GRANDVIEWSOLAR TWO ELMORE COUNTY. IOAHO
BRYAN E, APPLEBY, P,E,
3632 S, MONTAGUE AVE
MERIDIAN, IDAHO 63642
PHONE 208.,184.3747;;id;il l?ifir;ffifr,aNo+H2sPoo l--aisrmr v
Peter J. Richardson (ISB # 3195)
Gregory M. Adams (ISB # 7454)
fuchardson Adams, PLLC
515 N. 27th Street
P.O. Box 7218
Boise,Idaho 83702
Telephone: [phone]
Fax: [phone]
peter@richardsonadams. com
gre g@richardsonadams. com
Attorneys for Complainant
GRAND VIEW PV SOLAR TWO, LLC,
Complainant,
vs.
IDAHO POWER COMPANY,
Respondent.
i_i i* a.l 1_;"::t., -'
?il!3 fiLit -5 Pii L, Lr3
ii.,;. r: , -.i l
I !':-:: I ,' l' '
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
Case No. IPC-E-l l-15
GRAND VIEW SOLAR PV TWO,
LLC's RESPONSE TO ORDER NO.
32861
ExhibitNo. l6
October 31,2011, Leffer from Orlando Ciniglio
reffi*.
An IDACORP Company
October 3l,20ll
Via email & Certified Mail #
700908 200 00 1,23 0 19824
Robert Paul
515 N 27m Street
Boise,ID 83702
760-861-1 1 104
RE: Grand View Solar 2 Project #369
Dear Robert:
Enclosed is the Final System Study Report for the above-referenced project. Please contact Don
Streebel at 208.388.2777, if you wish to discuss the SISR. Under the generator interconnection process,
you must schedule the technical meeting (and/or provide your coflrments about the SISR) to be held by
November 10, 2011.
Also enclosedn are two copies of the lnterconnection Facility Study Agreement (FSA) to begin the next
phase of the project. The FSA describes the design phase, the responsibilities and obligations of both
parties, and the work schedules required. In order to proceed, and for your application to remain in the
Generator lnterconnection study queue, Ida]ro Power must receive the 2 copies of the signed FSA, the
completed Attachments, and the deposit by Decanber 15.2011 otherwise your application will be
deemed withdrawn. The deposit under this FSA is $30,000 based on the estimated engineering costs.
The submittal should be sent to: Idaho Power Company, Attention: Rowena Bishop, 1221 West Idaho
Street, Boise, ID 83702. Please contact me if you have questions.
Sincerely,
q,[*ttt-0,
Orlando Ciniglio
Leader, System Planning Engineering
208.388.2248
Enclosures:
C:
Final System lmpact Study Report
two Facility Study Agreements
Rowena Bishop/IPC
Don Streebel/IPC
1221 W ldaho 5t (83702)
PO Box 70
Boise, lD 83707
Peter J. Richardson (lSB # 3195)
Gregory M. Adams (lSB # 7454)
Richardson Adams, PLLC
515 N.27tr Street
P.O. Box 7218
Boise,ldaho 83702
Telephone: [phone]
Fax: [phone]
peter@rich ardsonadams.com
gre g@ richardsonadams. com
Attorneys for Complainant
GRAND VTEW PV SOLAR TWO, LLC,
Complainant,
vs.
IDAHO POWER COMPANY,
Respondent.
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
?tlt? Eilr'.i i.I i.: HU:_;
!-=;:!.1i ;,'.": l
i ilil-i ;'; .--,
Case No. IPC-E-I l-15
GRAND VIEW SOLAR PV TWO,
LLC's RESPONSE TO ORDER NO.
3286t
l+3t) 1.5i tl
Exhibit No.l7
Transmission Service & Generation Interconnection
System Impact Study Report
November 2,2011
(This Exhibit is protected and Grand View is restricted from releasing its contents to those
persons who have entered into a non-disclosure agreement with Idaho Power Company)
TRANSMISSION SERVICE & GENERATION TNTERCONNECTION
SYSTEM IMPACT STUDY REPORT
for
TNTERCONNECTTON OF GRANDVTEW SOLAR 2 (Gt#369)
20 MW OF NETWORK SERVICE
Rev 0
November 2,2011
OFFICIAL USE ONLY
DO NOT DUPLICATE, DISTRIBUTE, PUBLISH OR SHARE
This report contains ldaho Power Company Critical Energy Infrastructure Information (CEII).
Distribution of this report must be limited to parties that have entered into a non-disclosure
agreement with ldaho Power Company and have a need to know. dws O
==f::'jl:l-:
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Peter J. Richardson (lSB # 3195)
Gregory M. Adams (lSB # 7454)
Richardson Adams, PLLC
515 N.27ft Street
P.O. Box 7218
Boise,ldaho 83702
Telephone: [phone]
Fax: [phone]
[e-mail]
ereg@richardsonadams. com
Attorneys for Complainant
GRAND VIEW PV SOLAR TWO, LLC,
Complainant,
vs.
IDAHO POWER COMPANY,
Respondent.
BEFORB THE
IDAHO PUBLIC UTILITIES COMMISSION
Case No. IPC-E-l l-15
GRAND VIEW SOLAR PV TWO,
LLC's RESPONSE TO ORDERNO.
32861
Exhibit No. l8
Facilities Study Agreement
November 30,201I
Facilities Study Agreement
THIS A
between Srganized
is made and entered into this. t:il day of,
gotfi wlritt U
20ll by and
,a
and existing under the laws of the State of 'Ak rr,c ', ("Inierconnection
Customer,") and tdaho Power Company, a Corporation existing under the laws of the State of
Idaho ("Transmission Provider"). lnterconnection Customer and Transmission Provider each
may be referred to as a'Party," or collectively as the "Parties."
RECITALS
WHEREAS, the lnterconnection Customer is proposing to develop a Small Generating Facility
or generating capacity addition to an existing Small Generating Facility consistent with the
Interconnection Request completed by the lnterconnection Customer on 3€0[[ and
WHEREAS, the lnterconnection Customer desires to interconnect the Small Generating Facility
with the Transmission Provider's Transmission System;
WHEREAS, the Transmission Provider has completed a system impact study and provided the
results of said study to the Interconnection Customer; and
WIIEREAS, the Interconnection Customer has requested the Transmission Provider to perform
a facilities study to specifu and estimate the cost of the equipment, engineering, procurement and
construction work needed to implement the conclusions of the system impact study in
accordance with Good Utility Practice to physically and electrically connect the Small
Generating Facility with the Transmission Provider's Transmission System.
NOW, THEREFORE, in consideration of and subject to the mutual covenants contained herein
the Parties agreed as follows:
When used in this Agreement, with initial capitalization, the terms specified shall have
the meanings indicated or the meanings specified in the standard Small Generator
Interconnection Procedures.
The Interconnection Customer elects and the Transmission Provider shall cause a
facilities study consistent with the standard Small Generator Interconnection Procedures
to be performed in accordance with the Open Access Transmission Tariff.
The scope of the facilities study shall be subject to data provided in Attachment A to this
Agreement.
The facilities study shall speci$ and estimate the cost of the equipment, engineering,
procurement and construction work (including overheads) needed to implement the
conclusions of the system impact study(s).
The facilities study shall also identiff (l) the electrical switching configuration of the
equipment, including, without limitation, transformer, switchgear, meters, and other
station equipment, (2) the nature and estimated cost of the Transmission Provider's
1.0
2.0
3.0
4.0
Small Generator Facilities Study Agreement - I - Grand View Solar 2 - Project #369
5.0
Interconnection Facilities and Upgrades necessary to accomplish the interconnection, and
(3) an estimate of the time required to complete the constnrction and installation of such
facilities.
The Transmission Provider may propose to group facilities required for more than one
Interconnection Customer in order to minimize facilities costs through economies of
scale, but any Interconnection Customer may require the installation of facilities required
for its own Small Generating Facility if it is willing to pay the costs of those facilities.
A deposit of $30,000 is due upon execution of this agreement by the Interconnection
customer.
ln cases where Upgrades are required, the facilities study must be completed within 45
Business Days of the receipt of this Agreement. In cases where no Upgrades are
necessary, and the required facilities are limited to lnterconnection Facilities, the
facilities study must be completed within 30 Business Days.
Once the facilities study is completed, a facilities study report shall be prepared and
transmitted to the Interconnection Customer. Barring unusual circumstances, the
facilities study must be completed and the facilities study report transmitted within 30
Business Days of the Interconnection Customer's agreement to conduct a facilities study.
9.0 Any study fees shall be based on the Transmission Provider's actual costs and will be
invoiced to the Interconnection Customer after the study is completed and delivered and
will include a sunmary of professional time.
10.0 The Interconnection Customer must pay any study costs that exceed the deposit without
interest within 30 calendar days on receipt of the invoice or resolution of any dispute. If
the deposit exceeds the invoiced fees, the Transmission Provider shall refrrnd such excess
within 30 calendar days of the invoice without interest.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed by their
duly authorized officers or agents on the day and year first above written.
Transmission Provider:
Idaho Power Company - Delivery
6.0
7.0
8.0
Signed: '{ * /{-l-
Printed Name: Fn,, /'l+r f -
Title: P^orro- LtL.\r tL
Date: /> - tq -u Date: lil Sol Lo t t
Small Generator Facilities Study Agreement - 2 - Grand View Solar 2 -Project#369
Attachment A to
Facilities Study Agreement
Data to Be Provided by the Interconnection Customer
With the Facilities Study Agreement
1. Provide location plan and simplified one-line diagram of the plant and station facilities.
For staged projects, please indicate future generation, transmission circuits, etc.
On the one-line diagram, indicate the generation capacity attached at each metering
location. (Maximum load on CT/PT)
On the one-line diagram, indicate the location of auxiliary power. (Minimum load on
CT/PT) Amps
2. One set of metering is required for each generation connection to the new ring bus or
existing Transmission Provider station. Number of generation connections:
One (l)
3. Will an alternate source of auxiliary power be available during CT/PT maintenance?
Yes
4. Will a transfer bus on the generation side of the metering require that each meter set be
designed for the total plant generation? No
(Please indicate on the oneJine diagram).
5. What type of control system or PLC will be located at the Small Generating Facility?
Not Applicable
6. What protocol does the control system or PLC use?
Not Applicable
7. Please provide a 7.5-minute quadrangle map of the site. Indicate the plant, station,
transmission line, and property lines.
8. Physical dimensions of the proposed interconnection station:
Pole Mounted POI on 34.5 kV Distribution System
Small Generator Facilities Study Agreement - 3 - Grand View Solar 2 -Project#369
9. Bus length from generation to interconnection station:
Pole Mounted POI on 34.5 kV Distribution System
10. Line length from interconnection station to Transmission Provider's Transmission
System.
Approximately 1.25 miles of 34.5kV distribution to IPC Substation
11. Tower number observed in the field. (Painted on tower leg)*:
Not Applicable
12. Number of third party easements required for transmission lines*:
Not Applicable
* To be completed in coordination with Transmission Provider.
13. Is the Small Generating Facility located in Transmission Provider's service area?
Yes
14. Please provide the following proposed schedule dates:
Date: C- \b l}.-Begrn Construction
Generator Step-Up Transformers Ou,"t
Receive Back Feed Power
Generation Testing
Commercial Operation
Date: 9- Qo )\
oate: //-qi.'5 id\
Small Generator Facilities Study Agreement - 4 - Grand View Solar 2 - Project#369
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