20140514Settlement Stipulation.pdf

DONOVAN E. WALKER (!SB No. 5921)
JULIA A. HILTON (lSB No. 7740)
ldaho Power Company
1221West ldaho Street (83702)
P.O. Box 70
Boise, ldaho 83707
Telephone: [phone]
Facsimile: [phone]
dwalker@ idahopower. com
j hilton@ idahopower.com
Attorneys for ldaho Power Company
IN THE MATTER OF TARIFF ADVICE
NO. 13-05 OF IDAHO POWER
COMPANY FOR AUTHORITY TO
UPDATE SCHEDULE 86.
RECE 11"/E []
?0ltr lliY lL pH t: 09
urul?ffS&i l$sroit
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. IPC.E.13.25
SETI'LEM ENT STI PU LATI ON
This settlement stipulation ("Settlement Stipulation") is entered into between
ldaho Power Company ("ldaho Power" or "Company"); ldaho Public Utilities
Commission Staff ("Staff'); J.R. Simplot Company; SE Hazelton A, L.P.; Fulcrum, lnc.;
BP Hydro Associates; Bypass Power Company, lnc.; Notch Butte Hydro Company lnc.;
and Cassia Wind Farm, LLC referred to herein individually as a "Party" and collectively
as the "Parties." The Parties agree as follows.
I. INTRODUCTION
1. The terms and conditions of this Settlement Stipulation are set forth
herein. The Parties agree that this Settlement Stipulation represents a fair, just, and
reasonable compromise of the dispute(s) between the Parties and that this Settlement
Stipulation is in the public interest. The Parties maintain that the Settlement Stipulation
SETTLEMENT STIPULATION - 1
as a whole and its acceptance by the ldaho Public Utilities Commission ("Commission")
represent a reasonable resolution of all issues between the Parties identified herein.
Therefore, the Parties request that the Commission, in accordance with RP 274-76,
approve the Settlement Stipulation and all of its terms and conditions without material
change or condition.
I!. BACKGROUND
2. On October 24,2013, ldaho Power filed Tariff Advice No. 13-05 with the
Commission seeking authority to update is Schedule 86, by adding the words "volume"
in front of "weighted average" and to replace the reference to the Dow Jones non-firm
Mid-C electricity price index as reported in the Wall Street Journal with reference to the
Platts non-firm Mid-C electricity price index. The Publisher of the Dow Jones and Platts
indicies provided notice that as of September 13,2013, it was discontinuing publication
of the Dow Jones non-firm index and transitioning to the Platts non-firm index.
3. On November 18, 2013, Staff recommended that the tariff advice be
suspended and the case processed by Modified Procedure. On December 6, 2013, the
Commission issued Order No. 32945, Notice of Filing and Notice of Intervention
Deadline asking any interested persons to file Petitions to Intervene no later than
December 20, 2013. The following parties petitioned for, and were granted,
intervention: J.R. Simplot Company; SE Hazelton A, L.P.; Fulcrum, lnc.; BP Hydro
Associates; Bypass Power Company, lnc.; Notch Butte Hydro Company lnc.; and Cassia
Wind Farm, LLC. On February 25,2014, the Commission issued Order No. 32985, Notice
of Scheduling and Notice of Technical Hearing, adopting the Parties' recommended
procedural schedule which started with a Meeting to Discuss Settlement scheduled for
March 4,2014
SETTLEMENT STIPULATION - 2
4. The Parties met on March 4, 2014, for settlement discussions and
reached agreement resolving the issues in this case and between the Parties. Based
upon the settlement discussions, as a compromise of the respective positions of the
parties, and for other consideration as set forth below, the Parties agree to the following
terms:
III. TERMS OF THE SETTLEMENT STIPULATION
5. The Parties agree to amend the definition of "Avoided Energy Cost"
contained in Schedule 86 to state as follows:
Avoided Enerqv Cost is 82.4o/o of the monthly arithmetic average of
each day's lntercontinental Exchange ("lCE") daily firm Mid-C Peak
Avg and Mid-C Off-Peak Avg index prices. Each day's index prices
will reflect the relative proportions of peak hours and off-peak hours
in the month as follows:
Heavy Load (HL) Hours: The daily hours from hour ending 0700-
2200 Mountain Time, (16 hours) excluding all hours on all Sundays,
New Years Day, Memorial Day, lndependence Day, Labor Day,
Thanksgiving Day and Christmas Day.
Light Load (LL) Hours: The daily hours from hour ending 2300-
0600 Mountain Time (8 hours), plus all other hours on all Sundays,
New Years Day, Memorial Day, lndependence Day, Labor Day,
Thanksgiving Day and Christmas Day.
The actualAvoided Energy Cost calculation being:
n
.824 * ( I t(lCE Mid-C Peak Arg, * HL hours for day) + (!CE
X=1
Mid-C Off-Peak Arg, * LL hours for day)) I (n.24))
where n = number of days in the month
lf the ICE Mid-C lndex prices are not reported for a particular day or
days, prices derived from the respective averages of HL and LL
prices for the immediately preceding and following reporting periods
or days shall be substituted into the formula stated in this definition
and shall therefore be muttiplied by the appropriate respective
SETTLEMENT STIPULATION - 3
numbers of HL and LL Hours for such particular day or days with the
result that each hour in such month shall have a related price in such
formula. lf the day for which prices are not reported has in it only LL
Hours (for example a Sunday), the respective averages shall use
only prices reported for LL hours in the immediately preceding and
following reporting periods or days. lf the day for which prices are not
reported is a Saturday or Monday or is adjacent on the calendar to a
holiday, the prices used for HL Hours shall be those for HL hours in
the nearest (forward or backward) reporting periods or days for
which HL prices are reported.
Filed as Attachment No. 1 to this Settlement Stipulation is an example of a Schedule 86
avoided cost rate calculation using one month of actual data from the ICE Mid-C daily
price index. Filed as Attachment No. 2 to the Settlement Stipulation is a red-lined version
of Schedule 86 showing the above-referenced change.
6. The Parties agree to amend the Firm Energy Sales Agreements ("FESA")
between ldaho Power and each intervening party to reference the ICE index using the
same language as, and consistent with, the Schedule 86 language agreed upon herein.
Filed as Attachment No. 2 to this Settlement Stipulation are the amendments to the
associated Firm Energy Sales Agreement Amendments, signed by ldaho Power and the
relevant intervening party, required to effectuate this change to the power sales
agreements. The Parties jointly recommend approval of each of these contract
amendments as part of this Settlement Stipulation.
7. The Parties jointly recommend to the Commission that it allow any existing
PURPA qualifying facility ("QF") that currently has a contract with ldaho Power
containing reference to the Dow Jones non-firm Mid-C electricity price index to amend
their respective FESAs consistent with the terms agreed to in this Settlement Stipulation
and similar to the contract amendments submitted for approval herewith between ldaho
Power and the intervening parties, should they choose to do so.
SETTLEMENT STIPULATION - 4
8. The Parties agree that this Settlement Stipulation represents a
compromise of the positions of the Parties in this case. Except to the extent necessary
for a Party to explain before the Commission its own statements and positions with
respect to the Settlement Stipulation, all statements made and positions taken in
negotiations relating to this Settlement Stipulation are confidential and will not be
admissible in evidence in this or any other proceeding.
9. The Parties submit this Settlement Stipulation to the Commission and
recommend approval in its entirety pursuant to RP 274-76. The Parties shall support
this Settlement Stipulation before the Commission and shall not appeal a Commission
order approving the Settlement Stipulation or an issue resolved by the Settlement
Stipulation. lf this Settlement Stipulation is challenged by anyone who is not a Party,
then each Party reserves the right to file testimony, cross-examine witnesses, and put
on such case as they deem appropriate to respond fully to the issues presented,
including the right to raise issues that are incorporated in the settlements embodied in
this Settlement Stipulation. Notwithstanding this reservation of rights, the Parties agree
that they will continue to support the Commission's adoption of the terms of this
Settlement Stipulation.
10. lf the Commission or any reviewing body on appeal rejects any part or all
of this Settlement Stipulation or imposes any additional material conditions on approval
of this Settlement Stipulation, then each Party reserves the right, upon written notice to
the Commission and the other Party to this proceeding within fourteen (14) days of the
date of such action by the Commission, to withdraw from this Settlement Stipulation. ln
such case, no Party shall be bound or prejudiced by the terms of this Settlement
Stipulation and each Party shall be entitled to seek reconsideration of the Commission's
SETTLEMENT STIPULATION - 5
order, file testimony as it chooses, cross-examine witnesses, and do all other things
necessary to put on such case as it deems appropriate. ln such case, the Parties
immediately will request the prompt reconvening of a prehearing conference for
purposes of establishing a procedural schedule for the completion of IPUC Case No.
IPC-E-13-25, and the Parties agree to cooperate in development of a schedule that
concludes the proceeding on the earliest possible date, taking into account the needs of
the Parties in participating in hearings and preparing briefs.
11. The Parties agree that this Settlement Stipulation is in the public interest
and that all of its terms and conditions are fair, just, and reasonable.
12. No Party shall be bound, benefited, or prejudiced by any position asserted
in the negotiation of this Settlement Stipulation, except to the extent expressly stated
herein, nor shall this Settlement Stipulation be construed as a waiver of rights unless
such rights are expressly waived herein. Except as otherwise expressly provided for
herein, execution of this Settlement Stipulation shall not be deemed to constitute an
acknowledgment by any Party of the validity or invalidity of any particular method,
theory, or principle of regulation or cost recovery. No Party shall be deemed to have
agreed that any method, theory, or principle of regulation or cost recovery employed in
arriving at this Settlement Stipulation is appropriate for resolving any issues in any other
proceeding in the future. No findings of fact or conclusions of law other than those
stated herein shall be deemed to be implicit in this Settlement Stipulation. This
Settlement Stipulation sets forth the complete understanding of the Parties, and this
Settlement Stipulation includes no other promises, understandings, representations,
arrangements or agreements pertaining to the subject matter of this Settlement
Stipulation, or any other subject matter, not expressly contained herein.
SETTLEMENT STIPULATION - 6
13. The obligations of the Parties are subject to the Commission's approval of
this Settlement Stipulation in accordance with its terms and conditions and upon such
approval being upheld on appeal, if any, by a court of competent jurisdiction. All terms
and conditions of this Settlement Stipulation are subject to approval by the Commission,
and only after such approval, without material change or modification, has been
received shall the Settlement Stipulation be valid.
14. This Settlement Stipulation may be executed in counterparts and each
signed counterpart shall constitute an original document.
DArED mis*t\ day of /'Ylt-/ 2014.T
J.R. Simplot Company
Attorney for SE Hazelton A, L.P.;
Fulcrum, lnc.; BP Hydro Associates;
Bypass Power Company, Inc.; Notch
Butte Hydro Company lnc.
SETTLEMENT STIPULATION - 7
Commission Staff
Cassia Wind Farm, LLC
Attorney for ldaho Power Company.Attorney for IPUC Staff
Grte&orv trdl. Adams
Attorney for J.R. Simplot Company.Attorney for Cassia Wind Farm, LLC
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 14th day of May 2014 I served a true and correct
copy of the SETTLEMENT STIPULATION upon the following named parties by the
method indicated below, and addressed to the following:
Commission Staff
Kristine A. Sasser
Deputy Attomey General
ldaho Public Utilities Commission
472 West Washington (83702)
P.O. Box 83720
Boise, ldaho 83720-007 4
J. R. Simplot Company; Gassia Wind
Farm, LLC; SE Hazelton A, L.P.;
Fulcrum, lnc.; BP Hydro Associates;
Bypass Power Company, lnc.; and
Notch Butte Hydro Gompany, lnc.
Peter J. Richardson
Gregory M. Adams
RICHARDSON ADAMS, PLLC
515 North 27th Street
Boise, ldaho 83702
J. R. Simplot Company
Don Sturtevant
J. R. Simplot Company
P.O. Box27
Boise, ldaho 83707 -0027
Cassia Wind Farm, LLC
PaulAckerman
Assistant General Counsel
Exelon Business Services Company, LLC
100 Constellation Way
Baltimore, Maryland 21202
Hand Delivered
U.S. Mail
Overnight Mail
FAX
Email [e-mail]
Hand Delivered
U.S. Mail
Overnight Mail
FAXX Email oeter@ richard sonad a ms. com
q req@ richardsonadams. com
Hand Delivered
U.S. Mail
,Overnight Mail
FAX
Email [e-mail]
Hand Delivered
U.S. Mail
Overnight Mail
FAXX Email [e-mail]
SETTLEMENT STIPULATION - 8
SE Hazelton A, L.P.; Fulcrum, lnc.; BP
Hydro Associates; Bypass Power
Company, lnc.; and Notch Butte Hydro
Company, Inc.
Megan Beauregard
Associate General Counsel
Enel Green Power North America, lnc.
One Tech Drive, Suite 220
Andover, Massachusetts 01 81 0
Hand Delivered
U.S. Mail
Overnight Mail
FAX
Email [e-mail]
Christa Bearry, Legal
SETTLEMENT STIPULATION - 9
BEFORE THE
IDAHO PUBLIC UTTLITI'E$ COMMISSION
CASE NO. I,PG-E-73-25
IDAHO POWER..Go,MP{NY
ATTACHMENT NO. 1
Sample Monthly Calculation
Data
ICE Mld C lhilv AYr Prlcc l$/MWhl
Pea.k OfFPeak
la)rbl
tltltt,A
u2l2f}t4
usl2or4
u4l2OUt
asl2fi',4
u6/2',6,4
utl2!0.t4
u8l2o.r4
asl2ct4
a,olaaLfi
a$l2oL1
axzl2OL4
urilaoL4
ut4l2OL4
v,f.l2ot4
a$fiout
uL7/2:OL4
$4s.04
$42.76
$42.76
$s1.14
$4/f.65
$40.14
$3sn8
$32.e0
$s2.eo
$34_45
$41.18
$4054
$4O51
$4O.s1
$38.24
s3$.82
$3932
$41s8
$42.66
${6.10
$46.10
94s.31
$44-86
$38 64
$3S.6E
s38 6A
$42.75
$42.7s
$se.64
$s9.64
$4831
$4831
$ll.s8
$s?37
$31.2s
$2e.e7
$29.97
$s2.12
$3212
$37.07
$s8.62
$58.O7
s38.07
$37.51
$37.61
$37.s3
$37.53
$3s.82
$40.78
$4330
$43.30
${s.so
$4s-so
$43.22
$s7r5
$s5sl
s35.91
aurfiot4
a2olznt4g2!*14
42,z0,',4
{atl?{J/yt
uz.4l20L4
uzslz0t1
g26ftuL4
r12il20t4
u29l2AL4
uiily2o14ilttlaotq
liouns
PGrt Off-Peal Total
lcl ldt lel
lc+d)
0
16
16
16
0
l6
15
16
16
16
16
0
16
16
15
15
t6
16
0
16
16
16
16
15
15
0
16
16
16
16
16
14
I
I
B
24
II
I
I
I
I
24
I
I
B
I
8
I
21
B
II
I
E
8
21
B
I
I
B
I
24
24
24
24
24
24
24
24
24
2,4
24
Itt
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
24
Totrl Hours l4tL
Total Fdce I$l
Peak Off{eak fotd
tfl lEl lhl
laxcl (bxdl lf +rl
$o.0o
$720.60
$58417
$684.17
$o.00
$818.3O
$714-48
$642,24
$s61.28
$526.41
$s25.41
$o.Eo
$ss126
$5s8A9
$64856
$648.r0
$648.20
$611.8s
$o.m
$63712
s63712
$671-7s
$682-50
$737.sS
$737.5e
$o_0o
$72s_O1
$?Lt-tt
$618.18
$618.80
s618.80
$1,025.95
$s41.S8
$317.12
$u.12
$1,1s9.44
$s86.48
$3s2.63
$2e8.s8
$2s0.01
$239.75
s239.75
$770.86
$256.es
$296.s8
$308.97
$304.sd
$3r,4.s4
$30o.s6
$902.58
$300.23
s300-23
$s18-s7
$326.2s
$346.42
$345.4e
$1,044.09
$348.0s
$3/85-72
$2e7.30
$287.31
s287.31
s1,025.95
$1p62.s8
$1,00ffi0
$10013[}
$1.1s9-44
$I"20d-78
$1,047.11
$e4r.22
$811.29
$766.16
$765.16
$770.86
$80821
$ess.47
$9s7.s4
$952.74
$ss2.74
$e12.7r
$e02s8
$e3734
$937-34
$es032
$r,0o8.84
$1,084.00
$1.084.00
$1,044-09
$1,073.04
$1,063-49
$e1s.49
$e05.11
sqrE 1t
Iotal Pricc 9xr.95030
ilondilv Aucrre. TffiI lhl / Tohl ld $o:e
AuoHcd Erew Gqit - itrontftlv Averasc x tE4t6 s33J'
Purdres Pdce tS/MWhl = Arrolded Eiersv Cost x 8515 $2&il
{00135738.DOCX; 1}
lntercontinentalExchangerM undertaken by PrtcewaterhouseCoopers LLP
close
Bogin Date
Dec 31,
2013
Jan2,2014
lan3,2014
lan6,2014
lan7,2014
Jan 8, 2014
lan9,2014
Jan 10,2014
lan 13,2014
Jan 14,2014
Jan I5,2014
Jan16,2014
Jan 18,2014
Ian20,2014
lan22,2014
lan23,2014
lan24,2014
Jcn27,2014
Jan28,2014
Jan29,2014
Jan 30, 2014
Feb 1,2014
Feb 3, 2014
Avg Chg
41.27 4.7r
45.04 3.77
42.76 -2.28
51.14 8.38
44.6s -6.49
40.14 -4.51
35.08 -5.06
32.90 -2-18
34.45 r.s5
41.18 6.73
40.s4 -.64
40.s 1 -.03
38.24 -2.27
39.82 1.58
41.98 2.16
42.66 .68
46.10 3.44
45.31 -.79
44.86 -.45
38.64 -6.22
38.68 .04
49.52 t0.84
62.79 1327
Yol
(MWrr)
38,000
48,400
84,800
36,800
36,800
41200
49,200
t20,000
58,000
33,200
47,200
70,400
51,200
104,800
32400
32,800
95,200
24,000
21200
58,000
64,000
52,E00
58,000
Page 3 of3
# Deals upaftres
87 20
t20 22
9'.1 20
91 20
91 18
103 22
ll5 24
t4s 25
t42 23
82 21
1t0 20
85 2t
122 22
130 20
81 24
80 2r
ll8 23
59 l8
53 15
140 25
80 2l
131 24
142 24
Trade Date
Mid C Peak
Dec 30,2013
Dec 31, 2013
Jan2,2Al4
Jan 3,2014
Jan 6,2014
Jan7,2014
Jan 8,2014
lan9,2014
Jan 10,2014
Jan 13,2014
Jan 14,2014
Jan 15,2014
Jan 16,2014
Janl7,2014
Jan2l,2Al4
Jan22,2014
Jan23,2014
Ian24,2014
Jan27,2014
Jan 28, 2014
lan29,Z0l4
Jan 30,2014
Jan 31,2014
End Date High
ffir"' 4z'zs
Jan2,2014 45.75
Ian4,2014 43.25
Jan 6,2014 54.00
Im7,2014 46.75
Jan 8,2014 41.00
Jan9,2014 36.00
Jan I l, 2014 3450
Jan 13, 2014 36.00
Jan 14,2014 42.00
Jan 15,2014 42.N
Jan 17,2014 42.00
Jan 18,2014 39.00
Ian2l,20l4 40.?5
Jm22,2014 42.75
Jan23,2014 44.00
Jan 25, 2014 47.25
Im27,2Al4 45.75
Jan 28, 2014 45.50
Jan29,2014 41.00
Jan 31,2014 42.00
Feb l,2014 53.00
Feb 3,2014 74.00
Low
40.25
43.00
42.05
44.50
43.50
39.50
34.50
32.50
34.00
37.75
38.50
36.50
37.75
39.25
41.50
42.00
44.75
45.00
44.00
35.50
38.00
47.00
53.00
https ://www, theice. corn/marketdata/indicesipowerRe sults. do 4l9l2AA
IntercontinentalExchangeru undertaken by hicewderhouseCoopers LLP
close
Trade Date Begin Date End Date High
Mid C Off-Peak
Avg Chg
36.49 -s.59
Page 3 of3
# Deals cpJrri""
Vol
(Mwrr)
10,000
56,800
37240
84,800
21,200
24,600
31,000
38,000
70,400
22A00
26,600
54,800
80,000
38,800
13200
16,600
s6300
M,900
15,400
26,240
40,800
15200
59,200
Dec 30,2013
Dec 31, 2013
lan2,2014
Ian3,2014
Jan 6,2014
Jan7,2014
Jan 8, 2014
lan9,2014
Jan 10,2014
Jan 13,2014
Jan 14,2014
Jan 15,2014
Jan 16,2014
Jan 17,2014
Jwr2l,2014
Jan22,2014
Jm23,2014
Jan24,2Al4
Jut27,2014
Jan28,2014
Ian29,2014
Jan 30,2014
Jan 31,2014
Dec 31, Dec 31,2013 20t3 38.00
Low
35.00
42.50
38.00
44.25
40.75
36.25
29.75
29.00
30.00
34.35
36.50
36.55
36.75
36.75
39.25
40.25
41.25
42.50
42.25
34.7s
35.2s
45.00
53.00
6.26
-3.1I
8.67
-6.73
4.2t
-6.12
-t.28
2.15
4.95
1.55
-.55
-.46
-.0E
2.29
.96
2.52
.20
-.28
-6.06
-1.25
t2.t5
7.17
49
68
9l
102
99
120
134
88
83
t02
132
r28
100
9s
64
79
r35
104
&
123
96
75
72
l8
l9
20
22
2t
2l
22
23
20
20
21
2t
l8
15
t7
t't
2l
l8
t7
2t
20
20
l9
IanL2Al4 hn2,2074 43.50
Jan3,20l4 lm4,20l4 41.50
Ian5,2074 Jan6,2014 49.75
Jat7,20l4 Jan7,20l4 42.25
Jan 8,2014 Jan 8,2014 38.25
Jan 9,2014 1an9,2014 32.00
Jan 10, 2014 Jan I l, 2014 30.50
Jan 12,2A14 Jan13,2014 32.75
Jan 14,2014 Jan 14,2014 37.95
Jan 15,2014 lm 15,2014 41.00
Jan 16,2014 lanl7,2014 39.00
Jan 18,2014 Jan 19,2014 38,50
Jan 20, 2014 ln2l,20l4 38.50
1an22,2014 Jan 22,2014 40.25
Jao. 23, 2014 Jwr 23, 2014 41.50
lan 24, 2014 Ian 25, 2014 4.50
Ian 26, 2014 1m27,2014 45.00
Jan 28,2014 Jan 28,2014 45,00
Jan29,2014 Jan 29,2014 45.00
Jan 30, 2014 lan3l, 2014 39.00
Feb 1,2014 Feb 1,2014 51.00
Feh2,20l4 Feb3,2014 59.00
42.7s
39.64
48.31
41.58
37.37
3t.2s
29.97
32.t2
37.07
38.62
38.07
37.6t
37.53
39.82
40.78
43.30
43.50
43.22
37.16
35.9r
48.06
55.23
https ://www.theice. com/marketdata/indices/powerResults. do 419t20t4
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
cA$E NO. IPC-E-13;,-25
ATTACHMENT NO.2
ldaho Power Company
!.P.U.C. No. 29. Tariff No. 101 Orioinal Sheet No. 86-1
SCHEDULE 86
COGENERATION AND SMALL
POWER PRODUCTION NON-FIRM
ENERGY
AVAILABILITY
Service under this schedule is available throughout the Company's service territory within the
State of ldaho.
APPLICABILITY
Service under this schedule is applicable to any Seller that:
1. Owns or operates a Qualifying Facility with a nameplate capacity rating of less than 10
MW and desires to sell Energy generated by the Qualifying Facility to the Company on a non-firm, if, as,
and when available basis;
2. Meets all applicable requirements of the Company's Schedule 72 and the Generation
lnterconnection Process.
DEFINIT!ONS
Avoided Enerov Cost is 82.4% of the monthlv arithmetic averaqe of each dav's lntercontinental
Exchanoe ("lCE") dailv firm Mid-C Peak Avq and Mid-C Oft-Peak Avq index prices.-{ho-+eighted
Mid C lndex) priees fer nenfirm energiy published i+the Wall Street JeunC, Each dav's index prices will
reflect the relative oroportions of peak hours and off-peak hours in the month as follows:
Heaw Load (HL) Hours: The dailv hours from hour endinq 0700-2200 Mountain
Time. (16 hours) excludrnq all hours on all Sundavs. New Years Dav. Memorial
Dav. lndependence Dav. Labor Dav. Thanksqivino Dav and Christmas Dav.
Liqht Load (LL) Hours: The dailv hours from hour endinq 2300-0600 Mountain
Time (8 hours). plus all other hours on all Sundavs. New Years Dav. Memorial
Dav. Independence Dav. Labor Day. Thanksqivinq Dav and Christmas Day.
The actual Avoided Enerov Cost calculation beino:
n
.824 * ( s {(lCE Mid-C Peak Avox * HL hours for dav) + (lCE
X=1
Mid-C Off-Peak Avq^ * LL hours for dav)) / (n*24))
where n = number of davs in the month
lf the Dew Jenes Mid G tndex priees are net reperted fer a partieutar day er days, the arrerage ef thei* lf the ICE Mid-C lndex prices
are not reported for a particular dav or davs. prices derived from the respective averaqes of HL and LL
prices for the immediatelv precedino and followinq reportino oeriods or davs shall be substituted into the
formula stated in this definition and shall therefore be multiolied bv the aopropriate respective numbers of
IDAHO
lssued per Order No. 30508
Effective - March 1, 2008
lssued by IDAHO POWER COMPANY
John R. Gale, Vice President, Regulatory Affairs
1221West ldaho Street, Boise, ldaho
ldaho Power Company
|.P.U.C. No. 29. Tariff No. 101 Oriqinal Sheet No. 86-1
HL and LL Hours for such particular dav or davs with the result that each hour in such month shall have a
related price in such formula. lf the dav for which prices are not reoorted has in it onlv LL Hours (for
example a Sundav). the resoective averaoes shall use onlv prices reported for LL hours in the
immediatelv precedino and followino reportinq oeriods or davs. lf the dav for which prices are not reported
is a Saturdav or Mondav or is adiacent on the calendar to a holidav. the prices used for HL Hours shall be
those for HL hours in the nearest (forward or backward) reportino periods or davs for which HL prices are
reported.
Desionated Dispatch Facilitv is the Company's Boise Bench Dispatch Center.
Enerov means the non-firm electric energy, expressed in kWh, generated by the Qualifoing
Facility and delivered by the Seller to the Company in accordance with the conditions of this schedule.
Energy is measured net of Losses and Station Use.
Generation Facility means equipment used to produce electric energy at a specific physical
location, which meets the requirements to be a Qualifying Facility.
Generation lnterconnection Process is the Company's generation interconnection application and
engineering review process developed to ensure a safe and reliable generation interconnection.
lnterconnection Facilities are all facilities reasonably required by Prudent Electrical Practices and
the National Electric Safety Code to interconnect and safely deliver Energy from the Qualifying Facility to
the Company's system, including, but not limited to, connection, transformation, switching, metering,
relaying, communications, disconnection, and safety equipment.
Losses are the loss of electric energy occurring as a result of the transformation and transmission
of electric energy from the Qualifying Facility to the Point of Delivery.
IDAHO lssued by IDAHO POWER COMPANY
lssued per Order No. 30508 John R. Gale, Vice President, Regulatory Affairs
Effective - March 1, 2008 1221 West ldaho Street, Boise, ldaho
ldaho Power Company
|.P.U.C. No. 29. Tariff No. 101 Orioinal Sheet No. 86-2
SCHEDULE 86
COGENERATION AND SMALL
POWER PRODUCTION NON-FIRM
ENERGY
(Continued)
DEFINITIONS (Continued)
Point of Deliverv is the location where the Company's and the Seller's electrical facilities are inter-
connected.
Prudent Electrical Practices are those practices, methods and equipment that are commonly used
in prudent electrical engineering and operations to operate electric equipment lawfully and with safety,
dependability, efficiency and economy.
PURPA means the Public Utility Regulatory Policies Act of 1978.
Qualifvino Facilitv is a cogeneration facility or a small power production facility which meets the
PURPA criteria for qualification set forth in Subpart B of Part 292, Subchapter K, Chapter l, Title 18, of the
Code of Federal Regulations.
Schedule 72 is the Company's service schedule which provides for interconnection to non-utility
generation or its successor schedule(s) as approved by the Commission.
Seller is any entity that owns or operates a Qualifying Facility and desires to sell Energy to the
Company.
Standbv Power is electrical energy or capacity supplied by the Company during an unscheduled
outage of a Qualifying Facility to replace energy consumed by the seller which is ordinarily supplied by
the Seller's Qualifying Facility.
Station Use is electric energy used to operate the Qualifying Facility which is auxiliary to or directly
related to the generation of electricity and which, but for the generation of electricity, would not be
consumed by the Seller.
Supplementary Power is electric energy or capacity supplied by the Company which is regularly
used by a Seller in addition to the Energy and capacity which the Qualifying Facility usually supplies to
the Seller.
PURCHASE PRICE
The Company will pay the Seller monthly, for each kWh of Energy delivered and accepted at the
Point of Delivery during the preceding calendar month, an amount equal to 85 percent of the monthly
Avoided Energy Cost.
IDAHO lssued by IDAHO POWER COMPANY
lssued per Order No. 30508 John R. Gale, Vice President, Regulatory Affairs
Effective - March 1,2008 1221 West ldaho Street, Boise, ldaho
ldaho Power Company
LP.U.C. No. 29. Tariff No. 101 Oriqinal Sheet No. 86-3
SCHEDULE 86
COGENERATION AND SMALL
POWER PRODUCTION NON-F!RM
ENERGY
(Continued)
CONDITIONS OF PURCHASE AND SALE
The conditions listed below shall apply to alltransactions under this schedule.
1. The Company shall purchase Energy from any Seller that offers to sell Energy to the
Company.
2. As a condition of interconnection with the Company, the Seller shall:
a. Complete and
Schedule 72.
b. Complete and
I nterconnection Process.
maintain all requirements of interconnection in accordance with
maintain all requirements of the Company's Generation
c. Submit proof to the Company of all insurance required by paragraph 12.
d. Obtain written confirmation from the Company that all conditions to
interconnection have been fulfilled prior to operation of the Generation.Facility. Such
confirmation shall not be unreasonably withheld by the Company.
3. The Seller shall never deliver or attempt to deliver energy to the Company's system
when the Company's system serving the Seller's Generation Facility is de-energized for any reason.
4. The Seller and the Company shall each indemnify the other, their respective officers,
agents, and employees against all loss, damage, expense, and liability to third persons for injury to or
death of persons or injury to property, proximately caused by the indemnifying party's construction,
ownership, operation or maintenance of, or by failure of, any of such party's works or facilities used in
connection with purchases under this schedule. The indemnifying party shall, on the other party's
request, defend any suit asserting a claim covered by this indemnity. The indemnifying pady shall pay
all costs that may be incurred by the other party in enforcing this indemnity.
5. The Company shall offer to provide Standby Power and Supplementary Power to the
Seller. Charges for Supplementary and Standby Power will be in accordance with the Company's
Schedule 7 as that schedule is modified from time to time by the Commission.
6. The Seller shall maintain voltage levels acceptable to the Company.
7. The Seller shall maintain at the Qualifying Facility or such other location mutually
acceptable to the Company and Seller, adequate metering and related power production records, in a
form and content recommended by the Company.
IDAHO
lssued per Order No. 30508
Effective - March 1, 2008
lssued by IDAHO POWER COMPANY
John R. Gale, Vice President, Regulatory Affairs
1221 West ldaho Street, Boise, ldaho
ldaho Power Company
|.P.U.C. No. 29, Tariff No. 101 Oriqinal Sheet No. 86-4
SCHEDULE 86
COGENERATION AND SMALL
POWER PRODUCTION NON-FIRM
ENERGY
(Continued)
CONDITIONS OF PURCHASE AND SALE (Continued)
Either the Seller or the Company after reasonable notice to the other party, shall have the right,
during normal business hours, to inspect and audit any or all such metering and related power
production records pertaining to the Seller's account.
8. During a period of shortage of energy on the Company's system, the Seller shall, at the
Company's request and within the limits of reasonable safety requirements as determined by the Seller,
use its best efforts to provide requested Energy, and shall, if necessary, delay any scheduled shutdown
of the Qualifying Facility.
9. The Company and the Seller shall maintain appropriate operating communications
through the Designated Dispatch Facility.
10. The Company shall not be obligated to accept, and the Company may require the Seller
to curtail, interrupt or reduce deliveries of Energy if the Company, consistent with Prudent Electrical
Practices, determines that curtailment, interruption or reduction is necessary because of line
construction or maintenance requirements, emergencies, or other critical operating conditions on its
system.
11. lf the Company is required by the Commission to institute curtailment of deliveries of
electricity to its Customers, the Company may require the Seller to curtail its consumption of electricity
in the same manner and to the same degree as other Customers within the same Customer class who
do not own Generation Facilities.
12. The Seller shall secure and continuously carry liability insurance coverage for both
bodily injury and property damage liability in the amount of not less than $1,000,000 each occurrence
combined single limit.
Such insurance shall include an endorsement naming the Company as an additional insured
insofar as liability arising out of operations under this schedule and a provision that such liability policies
shall not be canceled or their limits of liability reduced without 30 days' written notice to the Company.
The Seller shall furnish the Company with certificates of insurance together with the endorsements
required herein. The Company shall have the right to inspect the original policies of such insurance.
13. The Seller shall grant to the Company all necessary rights of way and easements to
install, operate, maintain, replace, and remove the Company's metering and other lnterconnection
Facilities including adequate and continuing access rights to the property of the Seller. The Seller
warrants that it has procured sufficient easements and rights of way from third parties as are necessary
to provide the Company with the access described above. The Seller shall execute such other grants,
deeds, or documents as the Company may require to enable it to record such rights of way and
easements.
IDAHO
lssued per Order No. 30508
Effective - March 1, 2008
lssued by IDAHO POWER COMPANY
John R. Gale, Vice President, Regulatory Affairs
1221 West ldaho Street, Boise, ldaho
ldaho Power Company
|.P.U.C. No. 29, Tariff No. 101 Oriqinal Sheet No. 86-5
SCHEDULE 86
COGENERATION AND SMALL
POWER PRODUCTION NON-FIRM
ENERGY
(Continued)
CONDITIONS OF PURCHASE AND SALE (Continued)
14. Depending on the size and location of the Sellels Qualifying Facility, it may be
necessary for the Company to establish additional requirements for operation of the Qualifying Facility.
These requirements may include, but are not limited to, voltage, reactive, or operating requirements.
IDAHO
lssued per Order No. 30508
Etfective - March 1, 2008
lssued by IDAHO POWER COMPANY
John R. Gale, Vice President, Regulatory Affairs
1221 West ldaho Street, Boise, ldaho
ldaho Power Company
I.P.U.C. No. 29, Tariff No. 101 Orioinal Sheet No. 86-6
SCHEDULE 86
COGENEMTION AND SMALL
POWER PRODUCTION NON-FIRM
ENERGY
ldaho Power Companv
For the Purchase of Non-Firm
Enerqy From Qualifvino Facilities
THIS AGREEMENT Made this
between
20 _,
whose mailing address is
hereinafter called Seller and ldaho Power Company, a corporation
with its principal office located al1221West ldaho Street, Boise, ldaho hereinafter called "Company".
NOW, THEREFORE, The parties agree as follows:
1. Company shall purchase Energy produced by the Seller's Qualifying Facility located at or
County of , State of ldaho, located in theofSection-'Township,Range,BM,intheformofthreephase
60 Hz and at a nominal phase to phase potential of volts, subject to emergency operating
conditions of the Company. Purchases under this Agreement are subject to the Company's applicable
Tariff provisions, including but not limited to Schedules 86 and 72 approved by and as may be hereafter
modified by the ldaho Public Utilities Commission ("Commission") and the provisions of this Agreement.
2. Seller shall pay Company for all costs of lnterconnection Facilities as provided for in
Exhibit A of this Agreement and Schedule 72.
3. ln addition to the charges provided under Paragraph 2, Seller shall pay to the Company
the monthly Operation & Maintenance Charge specified in Schedule 72 on the investment by the
Company in lnterconnection Facilities which investment is set forth in Exhibit A, attached hereto and
made a part hereof. As such investment changes, in order to provide facilities to serve Seller's
requirements, Company shall notify Seller in writing of additions or deletions of facilities by forwarding a
dated revised Exhibit A, which shall become part of this Agreement. The monthly Operation &
Maintenance Charge will be adjusted to correspond to the Revised Exhibit A.
4. The initial date of acceptance of Energy under this Agreement is subject to the Company's
ability to obtain required labor, materials, equipment, satisfactory rights of way, and comply with
governmental regulations.
5. The term of this Agreement shall become effective on the date first above written, and
shall continue to full force and effect until canceled by Seller upon sixty (60) days prior written notice.
6. This Agreement and the rates, terms, and conditions of service set forth or incorporated
herein, and the respective rights and obligations of the parties hereunder, shall be subject to valid laws
and to the regulatory authority and orders, rules, and regulations of the Commission and such other
administrative bodies having jurisdiction.
day of
IDAHO
lssued per Order No. 30508
Effective - March 1, 2008
lssued by IDAHO POWER COMPANY
John R. Gale, Vice President, Regulatory Affairs
1221 West ldaho Street, Boise, ldaho
ldaho Power Company
|.P.U.C. No. 29. Tariff No. 101 Orioinal Sheet No. 86-7
SCHEDULE 86
COGENEMTION AND SMALL
POWER PRODUCTION NON.FIRM
ENERGY
ldaho Power Company
For the Purchase of Non-Firm
Enersv From Qualifvino Facilities
(Continued)
7. Nothing herein shall be construed as limiting the Commission from changing any rates,
charges, classification or service, or any rules, regulation or conditions relating to service under this
Agreement, or construed as affecting the right of the Company or the Seller to unilaterally make
application to the Commission for any such change.
8. This Agreement shall not become effective until the Commission approves all terms and
provisions hereof without change or condition and declares that all payments to be made hereunder
shall be allowed as prudently incurred expenses for rate making purposes.
(APPROPRTATE STGNATU RES)
IDAHO
lssued per Order No. 30508
Effective - March 1, 2008
lssued by IDAHO POWER COMPANY
John R. Gale, Vice President, Regulatory Affairs
1221 West ldaho Street, Boise, ldaho
BEFORE THE
IDAHO PUBLIC UTILITIES COMMIS$ION
CASE NO. IPC-E-13-25
IDAHO POWER COMPANY
ATTACHMENT NO. 2 [sic]
SECOND AMENDMENT
TO THE
FIRM ENERGY SALES AGREEMENT
BETWEEN
IDAHO POWER COMPAIIY
AI\D
BENNETT CREEK WINDFARM, LLC
This Second Amendment of the Firm Energy Sales Agreement ("Second Amendmenf') is
entered into on this ffday of MCiti , 2014 by and between Idaho Power Company, an
Idaho corporation ("Idaho Power") andBennett Creek Windfarm, LLC, an Idaho limited liability
company ("Bennett Creek" or "Seller") (individually a "Party" and collectively the "Parties").
WHEREAS, Idaho Power and Seller entered into a Firm Energy Sales Agreement on
December 20, 2006 (the "Agreement") for the purchase and sale of energy produced by the
Seller's facility that was approved by the Idaho Public Utilities Commission ("Idaho PUC") in
OrderNo. 30245 on February 20,2007;
WHEREAS, Idaho Power and Seller entered into a First Amendment to the Agreement
that was approved by the Idaho Public Utilities Commission ("Idaho PUC") in Order No. 30399
on August 8,2007; and
WHEREAS, as agreed to in the stipulation entered into by the parties in Case No IPC-E-
13-25 before the Idaho Public Utilities Commission, Seller and Idaho Power desire to amend the
definition of Market Energy Cost and Mid-Columbia Market Energy Cost in this Agreement;
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, and intending to be
legally bound, the Parties hereto agree as follows:
l. Incorporation of Recitals. The above-stated recitals are incorporated into and made a part
of this Agreement by this reference to the same extent as if these recitals were set forth in full at
this point.
2. Definitions. Article 1, section 1.14 shall be deleted in its entirety and the following section
shall be substituted in its stead:
1.14 "Market Enersy Cost" - Eighty-five percent (85%) of the Mid-Columbia
Market Energy Cost.
Article 1, section 1.18 shall be deleted in its entirety and the following section shall be
substituted in its stead:
1.18 "Mid-Columbia Market Energy Cost" - 82.4yo of the monthly
arithmetic average of each day's Intercontinental Exchange ("ICE") daily
firm Mid-C Peak Avg and Mid-C OFPeak Avg index prices. Each day's
Energy Sales Agreement
Second Amendment - Page I of 3
index prices will reflect the relative proportions
peak hours in the month as follows:
Heavy Load (HL) Hours: The daily hours from
Mountain Time, (16 hours) excluding all hours on
Day, Memorial Day, Independence Day, Labor
and Chdstmas Day.
Light Load (LL) Hours: The daily hours from
Mountain Time (8 hours), plus all other hours on
Day, Memorial Day, Independence Day, Labor
and Christmas Day.
of peak hours and off-
hour ending 0700-2200
all Sundays, New Years
Day, Thanksgiving Day
hour ending 2300-0600
all Sundays, New Years
Day, Thanksgiving Day
The actual Mid-Columbia Market Energy Cost calculation being:
n
.824 * ( I {GCE Mid-C Peak Avg* * HL hours for day) + (ICEx:l
Mid-C Off-Peak Arg* * LL hours for day)) I (n*24))
where n: number of days in the month
If the ICE Mid-C Index prices are not reported for a particular day or days, prices
derived from the respective averages of HL and LL prices for the immediately
preceding and following reporting periods or days shall be substituted into *re
formula stated in this definition and shall therefore be multiplied by the appropriate
respective numbers of HL and LL Hours for such particular day or days with the
result that each hour in such month shall have a related price in such formula. If the
day for which prices are not reported has in it only LL Hours (for example a
Sunday), the respective averages shall use only prices reported for LL hours in the
immediately preceding and following reporting periods or days.If the day for
which prices are not reported is a Saturday or Monday or is adjacent on the calendar
to a holiday, the prices used for HL Hours shall be those for HL hours in the nearest
(forward or backward) reporting periods or days for which HL prices are reported.
If the ICE Mid-C Index reporting is discontinued by the reporting agency,
both Parties will mutually agree upon a replacement index, which is
similar to the ICE Mid-C Index. The selected replacement index will be
consistent with other similar agreements and a commonly used index by
the electrical industry.
3. Effect of Amendment. Except as expressly amended by this Second Amendment, the
Agreement shall remain in full force and effect.
Energy Sales Agreement
Second Amendment - Page 2 of 3
kgal'\
NBP'
4. Capitalized Terms. All capitalized terms used in this Second Amendment and not defined
herein shall have the same meaning as used in the Agreement.
5. Scope of Amendment. This Second Amendment shall be binding upon and inure to the
benefit of the Parties hereto, and their respective heirs, executors, administrators, successors, and
assigns, who are obligated to take any action which may be necessary or proper to carry out the
pu{pose and intent thereof.
6. Authority. Each Party represents and warrants that (i) it is validly existing and in good
standing in the state in which it is organized, (ii) it is the proper party to amend the Agreement,
and (iii) is has the requisite authority to execute this Second Amendment.
7. Counterparts. This Second Amendment may be executed in any number of counterparts,
each of which shall be deemed an original and all of which taken together shall constitute a
single instrument.
IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be
duly executed as of the date above written.
Title:
Energy Sales Agreement
Second Amendment - Page 3 of 3
IDAHO POWER CO,
U rce- ?r"siJru 4-
SECOI\D AMENDMENT
TO THE
FIRM ENERGY SALES AGREEMENT
BETWEEN
IDAHO POWER COMPANY
AND
HOT SPRTNGS WINDFARM, LLC
This Second Amendment of the Firm Energy Sales Agreement ("Second Amendment") is
entered into on this lffday of tflfrrt ,2014 by and between Idaho Power Company, an
Idaho corporation ("Idaho Power") anfltlot Springs Windfarm, LLC, an Idaho limited liability
company ("Hot Springs" or "Seller") (individually a "Party" and collectively the "Parties").
WHEREAS, Idaho Power and Seller entered into a Firm Energy Sales Agreement on
December 20,2006 (the "Agreement") for the purchase and sale of energy produced by the
Seller's facility that was approved by the Idaho Public Utilities Commission ("Idaho PUC") in
Order No. 30246 on February 20,2007;
WHEREAS, Idaho Power and Seller entered into a First Amendment to the Agreement
that was approved by the Idaho Public Utilities Commission ("Idaho PUC") in Order No. 30398
on August 8,2007; and
WHEREAS, as agreed to in the stipulation entered into by the parties in Case No IPC-E-
13-25 before the Idaho Public Utilities Commission, Seller and Idaho Power desire to amend the
definition of Market Energy Cost and Mid-Columbia Market Energy Cost in this Agreement;
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, and intending to be
legally bound, the Parties hereto agree as follows:
1. Incorporation of Recitals. The above-stated recitals are incorporated into and made a part
of this Agreement by this reference to the same extent as if these recitals were set forth in full at
this point.
2. Definitions. Article 1, section 1.14 shall be deleted in its entirety and the following section
shall be substituted in its stead:
l.l4 "Market Enersy Cost" - Eighty-five percent (85%) of the Mid-Columbia
Market Energy Cost.
Article 1, section 1.18 shall be deleted in its entirety and the following section shall be
substituted in its stead:
1.18 "Mid-Columbia Market Energy Cost" - 82.4oA of the monthly
arithmetic average of each day's Intercontinental Exchange ("ICE") daily
firm Mid-C Peak Avg and Mid-C Off-Peak Avg index prices. Each day's
Energy Sales Agreement
Second Amendment - Page 1 of 3
index prices will reflect the relative proportions of peak hours and off-
peak hours in the month as follows:
Heavy Load (HL) Hours: The daily hours from hour ending 0700-2200
Mountain Time, (16 hours) excluding all hours on all Sundays, New Years
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day
and Christmas Day.
Light Load (LL) Hours: The daily hours from hour ending 2300-0600
Mountain Time (8 hours), plus all other hours on all Sundays, New Years
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day
and Chdstmas Day.
The actual Mid-Columbia Market Energy Cost calculation being:
n
.824 * ( Z {GCE Mid-C Peak Avg* * HL hours for day) + (ICEx:l
Mid-C Off-Peak Avg* * LL hours for day)) I (n*24))
where n: number of days in the month
If the ICE Mid-C Index prices are not reported for a particular day or days,
prices derived from the respective averages of HL and LL prices for the
immediately preceding and following reporting periods or days shall be
substituted into ttre formula stated in this definition and shall therefore be
multiplied by the appropriate respective numbers of HL and LL Hours for
such particular day or days with the result that each hour in such month
shall have a related price in such formula. If the day for which prices are
not reported has in it only LL Hours (for example a Sunday), the respective
averages shall use only prices reported for LL hours in the immediately
preceding and following reporting periods or days. If the day for which
prices are not reported is a Saturday or Monday or is adjacent on the
calendar to a holiday, the prices used for HL Hours shall be those for HL
hours in the nearest (forward or backward) reporting periods or days for
which HL prices are reported.
If the ICE Mid-C Index reporting is discontinued by the reporting agency,
both Parties will mutually agree upon a replacement index, which is
similar to the ICE Mid-C Index. The selected replacement index will be
consistent with other similar agreements and a commonly used index by
the electrical industry.
3. Effect of Amendment. Except as expressly amended by this Second Amendment, the
Agreement shall remain in full force and effect.
4. Capitalized Terms. All capitalized terms used in this Second Amendment and not defined
herein shall have the same meaning as used in the Agreement.
Energy Sales Agreement
Second Amendment - Page 2 of 3
5. Scope of Amendment. This Second Amendment shall be binding upon and inure to the
benefit of the Parties hereto, and their respective heirs, executors, administrators, successors, and
assigns, who are obligated to take any action which may be necessary or proper to carry out the
purpose and intent thereof.
6. Authorify. Each Party represents and warrants that (i) it is validly existing and in good
standing in the state in which it is organized, (ii) it is the proper party to amend the Agreement,
and (ii) is has the requisite authority to execute this Second Amendment.
7. Counterparts. This Second Amendment may be executed in any number of counterparts,
each of which shall be deemed an original and all of which taken together shall constitute a
single instrument.
IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be
duly executed as of the date above written.
IDAHO POWER COMPANY
By: -
Legd I
SfEI Nu.",
By:
,e- hrv-: i!r*l-Title:
Energy Sales Agreement
Second Amendment - Page 3 of 3
FIRSTAMENDMENT
TO TIIE
FIRM ENERGY SALES AGREEMENT
BETWEEN
IDAHO POWER COMPANY
AND
HIGH MESA EII'ERGY, LLC
This First Amendment of the Firm Energy Sales Agreement ("First Amendment") is
entered into on this (.t+'day of fVlft Lt ,2014 by and between Idaho Power Company, an Idaho
corporation ("Idaho Power") and^Itigh Mesa Energy, LLC, ("High Mesa" or "Seller")
(individually a "Party" and collectively the "Parties").
WHEREAS, Idaho Power and Seller entered into a Firm Energy Sales Agreement on
November 16, 2011 (the "Agreemenf') for the purchase and sale of energy produced by the
Seller's facility that was approved by the Idaho Public Utilities Commission ("Idaho PUC") in
Order No. 32462 on February 17,2012; and
WHEREAS, as agreed to in the stipulation entered into by the parties in Case No IPC-E-
13-25 before the Idaho Public Utilities Commission, Seller and Idaho Power desire to amend the
definition of Mid-Columbia Market Energy Cost in this Agreement;
NOW, THEREFORE, in consideration of the foregoing, and for cither good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, and intending to be
legally bound, the Parties hereto agree as follows:
1. Incorporation of Recitals. The above-stated recitals are incorporated into and made a part
of this Agreement by this reference to the same extent as if these recitals were set forth in full at
this point.
2. Definitions. Article l, section 1.28 shall be deleted in its entirety and the following section
shall be substituted in its stead:
1.28 "Mid-Columbia Market Energv Cost" - 82.4yo of the monthly
arithmetic average of each day's Intercontinental Exchange ("ICE") daily
firm Mid-C Peak Avg and Mid-C Off-Peak Avg index prices. Each day's
index prices will reflect the relative proportions of peak hours and off-
peak hours in the month as follows:
Heavy Load (HL) Hours: The daily hours from hour ending 0700-2200
Mountain Time, (16 hours) excluding all hours on all Sundays, New Years
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day
and Christmas Day.
Light Load (LL) Hours: The daily hours from hour ending 2300-0600
Mountain Time (8 hours), plus all other hours on all Sundays, New Years
Energy Sales Agreement
First Amendment - Page 1 of 3
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day
and Christmas Day.
The actual Mid-Columbia Market Energy Cost calculation being:
n
.824 * ( I {(ICE Mid-C Peak Avg* * HL hours for day) + (ICE
X:l
Mid-C Off-Peak Arg* * LL hours for day)) I (n*24))
where n: number of days in the month
If the ICE Mid-C Index prices are not reported for a particular day or days,
prices derived from the respective averages of HL and LL prices for the
immediately preceding and following reporting periods or days shall be
substituted into the formula stated in this definition and shall therefore be
multiplied by the appropriate respective numbers of HL and LL Hours for
such particular day or days with the result that each hour in such month
shall have a related price in such formula. If the day for which prices are
not reported has in it only LL Hours (for example a Sunday), the respective
averages shall use only prices reported for LL hours in the immediately
preceding and following reporting periods or days. If the day for which
prices are not reported is a Saturday or Monday or is adjacent on the-
calendar to a holiday, the prices used for HL Hours shall be those for HL
hours in the nearest (forward or backward) reporting periods or days for
which HL prices are reported.
If the ICE Mid-C Index reporting is discontinued by the reporting agency,
both Parties will mutually agree upon a replacement index, which is
similar to the ICE Mid-C Index. The selected replacement index will be
consistent with other similar agreements and a commonly used index by
the electrical industry.
3. Effect of Amendment. Except as expressly amended by this First Amendment, the
Agreement shall remain in full force and effect.
4. Capitalized Terms. All capitalized terms used in this First Amendment and not defined
herein shall have the same meaning as used in the Agreement.
5. Scope of Amendment. This First Amendment shall be binding upon and inure to the benefit
of the Parties hereto, and their respective heirs, executors, administrators, successors, and
assigns, who are obligated to take any action which may be necessary or proper to carry out the
purpose and intent thereof.
Energy Sales Agreement
First Amendment - Page 2 of 3
Legat
ReviewNr["
6. Authority. Each Party represents and warrants that (i) it is validly existing and in good
standing in the state in which it is organized, (ii) it is the proper party to amend the Agreement,
and (iii) is has the requisite authority to execute this First Amendment.
7. Counterparts. This First Amendment may be executed in any number of counterparts, each
of which shall be deemed an original and all of which taken together shall constitute a single
instrument.
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be
duly executed as of the date above written.
Energy Sales Agreement
First Amendment - Page 3 of 3
IDAHO POWER
Name:I trh*oNS
t/ ; r- Qrcril**l
F'IRST AMENDMENT
TO THE
FIRM ENERGY SALES AGREEMENT
BETWEEN
IDAHO POWER COMPANY
AND
CASSIA GULCH WIND PARK, LLC
AND
TUANA SPRINGS ENRGY, LLC
This First Amendment of the Firm Energy Sales Agreement ("First Amendment") is
entered into on this ffday of MO,u ,2014 by and between Idaho Power Company, an Idaho
corporation ("Idaho Power"), Cassiatulch Wind Park, LLC, an Idaho limited liability company
("Cassia Gulch"), and Tuana Springs Energy, LLC, an Idaho limited liability company
("Tuana") (Cassia Gulch and Tuana are referred to collectively as the "Seller") (individually
Idaho Power and Seller may be referred to as a "Party" and collectively as the "Parties").
WHEREAS, Idaho Power and Seller entered into a Firm Energy Sales Agreement on
August 5,2009 (the "Agreement") for the purchase and sale of energy produced by the Seller's
facility that was approved by the Idaho Public Utilities Commission ("Idaho PUC") in Order No.
30917 on October 5, 2009; and
WHEREAS, as agreed to in the stipulation entered into by the parties in Case No IPC-E-
13-25 before the Idaho Public Utilities Commission, Seller and Idaho Power desire to amend the
definition of Mid-Columbia Market Energy Cost in this Agreement;
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, and intending to be
legally bound, the Parties hereto agree as follows:
l. Incorporation of Recitals. The above-stated recitals are incorporated into and made a part
of this Agreement by this reference to the same extent as if these recitals were set forth in full at
this point.
2. Definitions. Article l, section 1.25 shall be deleted in its entirety and the following section
shall be substituted in its stead:
1.25 "Mid-Columbia Markd En " - 82.40 of the monthly
arithmetic average of each days's Intercontinental Exchange ("ICE") daily
firm Mid-C Peak Avg and Mid-C Off-Peak Avg index prices. Each day's
index prices will reflect the relative proportions of peak hours and off-
peak hours in the month as follows:
Heavy Load (HL) Hours: The daily hours from hour ending 0700-2200
Mountain Time, (16 hours) excluding all hours on all Sundays, New Years
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day
and Chrisfinas Day.
Energy Sales Agreement
First Amendment - Page I of 3
Light Load (LL) Hours: The daily hours from hour ending 2300-0600
Mountain Time (8 hours), plus all other hours on all Sundays, New Years
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day
and Christmas Day.
The actual Mid-Columbia Market Energy Cost calculation being:
n
.824 * ( I {GCE Mid-C Peak Avg* * HL hours for day) + (ICEx:l
Mid-C Off-Peak Avg* * LL hours for day)) I (n*24))
where n: number of days in the month
If the ICE Mid-C Index prices are not reported for a particular day or days,
prices derived from the respective averages of HL and LL prices for the
immediately preceding and following reporting periods or days shall be
substituted into the formula stated in this definition and shall therefore be
multiplied by the appropriate respective nurnbers of HL and LL Hours for
such particular day or days with the result that each hour in such month
shall have a related price in such formula. If the day for which prices are
not reported has in it only LL Hours (for example a Sunday), the respective
averages shall use only prices reported for LL hours in the immediately
preceding and following reporting periods or days. If the day for which
prices are not reported is a Saturday or Monday or is adjacent on the
calendar to a holiday, the prices used for HL Hours shall be those for HL
hours in the nearest (forward or backward) reporting periods or days for
which HL prices are reported.
If the ICE Mid-C Index reporting is discontinued by the reporting agency,
both Parties will mutually agree upon a replacement index, which is
similar to the ICE Mid-C Index. The selected replacement index will be
consistent with other similar agreements and a commonly used index by
the electical industry.
3. Effect of Amendment. Except as expressly amended by this First Amendment, the
Agreement shall remain in full force and effect.
4. Capitahzed Terms. All capitalized terms used in this First Amendment and not defined
herein shall have the same meaning as used in the Agreement.
5. Scope of Amendment. This First Amendment shall be binding upon and inure to the benefit
of the Parties hereto, and their respective heirs, executors, administrators, successors, and
assigns, who are obligated to take any action which may be necessary or proper to carry out the
purpose and intent thereof.
Energy Sales Agreement
First Amendment - Page 2 of 3
6. Authority. Each Party represents and warrants that (i) it is validly existing and in good
standing in the state in which it is organized, (ii) it is the proper party to amend the Agreement,
and (iii) is has the requisite authority to execute this First Amendment.
7. Counterparts. This First Amendment may be executed in any number of counterparts, each
of which shall be deemed an original and all of which taken together shall constitute a single
instrument.
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be
duly executed as of the date above written.
IDAHO POWER COMPANY
By:R'T,fl, i Bv:nrk'_
TU
y';,- Pn z;J,,t-
Energy Sales Agreement
First Amendment - Page 3 of 3
,,cgal'\
ffiil'
rite: U ru-(rutiJ, $ ,n,.,,VF 6*pr 5t, m( ,f
Y, LLC
By:
Name:5;l',r\n^-9nta
Title:
FIRST AMENDMENT
TO THE
FIRM ENERGY SALES AGREEMENT
BETWEEN
IDAHO POWER COMPANY
AND
CASSIA WIND FARM, LLC
This First Amendment of the Firm Energy Sales Agreement ("First Amendmenf') is
entered into on this @day of fV\Aq ,2014 by and between Idaho Power Company, an Idaho
corporation ("Idaho Power") and CAssia Wind Farm, LLC, an Idaho limited liability company
("Cassia" or "Seller") (individually a"Ptrty" and collectively the o'Parties").
WHEREAS, Idaho Power and Seller entered into a Firm Energy Sales Agreement on
April 7, 2006 (the "Agreement") for the purchase and sale of energy produced by the Seller's
facility that was approved by the Idaho Public Utilities Commission ("Idaho PUC") in Order No.
30086 on June 30, 2006; and
WHEREAS, as agreed to in the stipulation entered into by the parties in Case No IPC-E-
13-25 before the Idaho Public Utilities Commission, Seller and Idaho Power desire to amend the
definition of Market Energy Cost in this Agreement;
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, and intending to be
legally bound, the Parties hereto agree as follows:
l. Incorporation of Recitals. The above-stated recitals are incorporated into and made a part
of this Agreement by this reference to the same extent as if these recitals were set forth in full at
this point.
2. Definitions. Article l, sectior,l.lZ shall be deleted in its entirety and the following section
shall be substituted in its stead:
l.l2 "Market Energy Cost" - Eighty-five percent (85%) of 82.4% of the
monthly arithmetic average of each day's Intercontinental Exchange
("ICE") daily firm Mid-C Peak Avg and Mid-C Off-Peak Avg index
prices. Each day's index prices will reflect the relative proportions of peak
hours and off-peak hours in the month as follows:
Heavy Load (HL) Hours: The daily hours from hour ending 0700-2200
Mountain Time, (16 hours) excluding all hours on all Sundays, New Years
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day
and Christmas Day.
Light Load (LL) Hours: The daily hours from hour ending 2300-0600
Mountain Time (8 hours), plus all other hours on all Sundays, New Years
Energy Sales Agreement
First Amendment - Page I of 3
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day
and Christmas Day.
The actual Market Energy Cost calculation being Eighty-five
percent (85%) of:
n
.824 * ( I {(ICE Mid-C Peak Avg, * HL hours for day) + (ICE
X=l
Mid-C Off-Peak Avgx * LL hours for day)) I (n*24))
where n: number of days in the month
If the ICE Mid-C Index prices are not reported for a particular day or days,
prices derived from the respective averages of HL and LL prices for the
immediately preceding and following reporting periods or days shall be
substituted into the formula stated in this definition and shall therefore be
multiplied by the appropriate respective numbers of HL and LL Hours for
such particular day or days with the result that each hour in such month
shall have a related price in such formula. If the day for which prices are
not reported has in it only LL Hours (for example a Sunday), the respective
averages shall use only prices reported for LL hours in the immediately
preceding and following reporting periods or days. If the day for which
prices are not reported is a Saturday or Monday or is adjacent on the
calendar to a holiday, the prices used for HL Hours shall be those for HL
hours in the nearest (forward or backward) reporting periods or days for
which HL prices are reported.
If the ICE Mid-C Index reporting is discontinued by the reporting agency,
both Parties will mutually agree upon a replacement index, which is
similar to the ICE Mid-C Index. The selected replacement index will be
consistent with other similar agreements and a commonly used index by
the electrical industry.
3. Effect of Amendment. Except as expressly amended by this First Amendment, the
Agreement shall remain in full force and effect.
4. Capitalized Terms. All capitalized terms used in this First Amendment and not defined
herein shall have the same meaning as used in the Agreement.
5. Scope of Amendment. This First Amendment shall be binding upon and inure to the benefit
of the Parties hereto, and their respective heirs, executors, administrators, successors, and
assigns, who are obligated to take any action which may be necessary or proper to carry out the
purpose and intent thereof.
Energy Sales Agreement
First Amendment - Page 2 of 3
6. Authority. Each Party represents and warrants that (i) it is validly existing and in good
standing in the state in which it is organized, (ii) it is the proper party to amend the Agreement,
and (ii) is has the requisite authority to execute this First Amendment.
7. Counterparts. This First Amendment may be executed in any number of counterparts, each
of which shall be deemed an original and all of which taken together shall constitute a single
instrument.
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be
duly executed as of the date above written.
IDAHO POWER
Legd t By: \nrc,:4t41444"
Title:Vi "u Presil"ul
Energy Sales Agreement
First Amendment - Page 3 of 3
By:
FIRSTAMENDMENT
TO THE
ENERGY SALES AGREEMENT
BETWEEN
IDAHO POWER COMPANY
AI{D
J.R. SIMPLOT COMPAI\Y
This First Amendment of the Energy Sales Agreement ("First Amendment") is entered
into on this 1 day of fl"+ ,2014 by and between Idaho Power Company, an Idaho
corporation ("Idatro Power") andlJ.R. Simplot Company ("Simplot" or "Seller") (individually a
"Pa('" and collectively the "Parties").
WHEREAS, Idaho Power and Seller entered into an Energy Sales Agreement on
February 19, 2013 (the "Agreement") for the purchase and sale of energy produced by the
Seller's facility that was approved by the Idaho Public Utilities Commission ("Idaho PUC") in
Order No. 32790 on April 17,2013; and
WHEREAS, as agreed to in the stipulation entered into by the parties in Case No IPC-E-
13-25 before the Idaho Public Utilities Commission, Seller and Idaho Power desire to amend the
definition of Mid-Columbia Market Energy Cost in this Agreement;
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, and intending to be
legally bound, the Pamies hereto agree as follows:
l. Incorporation of Recitals. The above-stated recitals are incorporated into and made a part
of this Agreement by this reference to the same extent as if these recitals were set forth in fulI at
this point.
2. Definitions. Article 1, section 1.20 shall be deleted in its entirety and the following section
shall be substituted in its stead:
1.20 "Mid-Columbia Market Energy Cost" - 82.4yo of the monthly
arithmetic average of each day's Intercontinental Exchange ("ICE") daily
firm Mid-C Peak Avg and Mid-C Off-Peak Avg index prices. Each day's
index prices will reflect the relative proportions of peak hours and off-
peak hours in the month as follows:
Heavy Load (HL) Hours: The daily hours from hour ending 0700-2200
Mountain Time, (16 hours) excluding all hours on all Sundays, New Years
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day
and Christmas Day.
Light Load (LL) Hours: The daily hours from hour ending 2300-0600
Mountain Time (8 hours), plus all other hours on all Sundays, New Years
Energy Sales Agreement
First Amendment - Page I of 3
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day
and Christrnas Day.
The actual Mid-Columbia Market Energy Cost calculation being:
n
.824 * ( I {(ICE Mid-C Peak Avg* * HL hours for day) + (ICE
X=l
Mid-C Off-Peak Arg* * LL hours for day)) I (n*24))
where n: number of days in the month
If the ICE Mid-C Index prices are not reported for a particular day or days,
prices derived from the respective averages of HL and LL prices for the
immediately preceding and following reporting periods or days shall be
substituted into the formula stated in this definition and shall therefore be
multiplied by the appropriate respective numbers of HL and LL Hours for
such particular day or days with the result that each hotr in such month
shall have a related price in such formula. If the day for which prices are
not reported has in it only LL Hours (for example a Sunday), the respective
averages shall use only prices reported for LL hours in the immediately
preceding and following reporting periods or days. If the day for which
prices are not reported is a Saturday or Monday or is adjacent on the
calendar to a holiday, the prices used for HL Hours shall be those for HL
hours in the nearest (forward or backward) reporting periods or days for
which HL prices are reported.
If the ICE Mid-C Index reporting is discontinued by the reporting agency,
both Parties will mutually agree upon a replacement index, which is
similar to the ICE Mid-C Index. The selected replacement index will be
consistent with other similar agreements and a commonly used index by
the electrical industry.
3. Effect of Amendment. Except as expressly amended by this First Amendment, the
Agreement shall remain in full force and effect.
4. Capitalized Terms. All capitalized terms used in this First Amendment and not defined
herein shall have the same meaning as used in the Agreement.
5. Scope of Amendment. This First Amendment shall be binding upon and inure to the benefit
of the Parties hereto, and their respective heirs, executors, administrators, successors, and
assigns, who are obligated to take any action which may be necessary or proper to carry out the
purpose and intent thereof.
6. Authority. Each Party represents and warrants that (i) it is validly existing and in good
standing in the state in which it is organized, (ii) it is the proper party to amend the Agreement,
and (iii) is has the requisite authority to execute this First Amendment.
Energy Sales Agreement
First Amendment - Page 2 of 3
7. Counterparts. This First Amendment may be executed in any number of counterparts, each
of which shall be deemed an original and all of which taken together shall constitute a single
instrument.
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be
duly executed as of the date above written.
J.R. SIMPLOT COMPANY IDAHO POWER
,r, d0auGr.6mlt's
Name: .Joa 6-bne*n'
Title:Vfr"1pa1sr<,1-
By:
Nanie:
Energy Sales Agreement
First Amendment - Page 3 of 3
FIRST AMENDMENT
TO THE
FIRM ENERGY SALES AGREEMENT
BETWEEN
IDAHO POWER COMPANY
AND
SE HAZELTON A., L.P.
This First Amendment of the Firm Energy Sales Agreement ("First Amendment") is
entered into on this 1st day of May, 2014 by and between Idaho Power Company, an Idaho
corporation ("Idaho Power") and SE Hazelton A, L.P., a California limited partnership
("Hazelton" or "Seller") (individually a "Party" and collectively the'oParties").
WHEREAS, Idaho Power and Seller entered into a Firm Energy Sales Agreement on
December 8, 2010 (the "Agreement") for the purchase and sale of energy produced by the
Seller's facility that was approved by the Idaho Public Utilities Commission ("Idaho PUC") in
OrderNo. 32181 on February ll,20ll; and
WHEREAS, as agreed to in the stipulation entered into by the parties in Case No IPC-E-
13-25 before the Idaho Public Utilities Commission, Seller and Idaho Power desire to amend the
definition of Mid-Columbia Market Energy Cost in this Agreement;
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, and intending to be
legally bound, the Parties hereto agree as follows:
l. Incorporation of Recitals. The above-stated recitals are incorporated into and made a part
of this Agreement by this reference to the same extent as if these recitals were set forth in full at
this point.
2. Definitions. Article 1, section l.2l shall be deleted in its entirety and the following section
shall be substituted in its stead:
l.2l "Mid-Columbia Market Erc ' - 82.4yo of the monthly
arithmetic average of each day's Intercontinental Exchange ("ICE") daily
frm Mid-C Peak Avg and Mid-C Off-Peak Avg index prices. Each day's
index prices will reflect the relative proportions of peak hours and off-
peak hours in the month as follows:
Heavy Load (HL) Hours: The daily hours from hour ending 0700-2200
Mountain Time, (16 hours) excluding all hours on all Sundays, New Years
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day
and Christmas Day.
Light Load (LL) Hours: The daily hours from hour ending 2300-0600
Mountain Time (8 hours), plus all other hours on all Sundays, New Years
Energy Sales Agreement
First Amendment - Page 1 of 3
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day
and Christmas Day.
The actual Mid-Columbia Market Energy Cost calculation being:
n
.824 * ( I {GCE Mid-C Peak Avg* * HL hours for day) + (ICE
X=l
Mid-C Off-Peak Avg* * LL hours for day)) I (n*2$)
where n: number of days in the month
If the ICE Mid-C lndex prices are not reported for a particular day or days,
prices derived from the respective averages of HL and LL prices for the
immediately preceding and following reporting periods or days shall be
substituted into ttre formula stated in this definition and shall therefore be
multiplied by the appropriate respective numbers of HL and LL Hours for
such particular day or days with the result that each hour in such month
shall have a related price in such formula. If the day for which prices are
not reported has in it only LL Hours (for example a Sunday), the respective
averages shall use only prices reported for LL hours in the immediately
preceding and following reporting periods or days. If the day for which
prices are not reported is a Saturday or Monday or is adjacent on the
calendar to a holiday, the prices used for HL Hours shall be those for HL
hours in the nearest (forward or backward) reporting periods or days for
which HL prices are reported.
If the ICE Mid-C lndex reporting is discontinued by the reporting agency,
both Parties will mutually agree upon a replacement index, which is
similar to the ICE Mid-C Index. The selected replacement index will be
consistent with other similar agreements and a commonly used index by
the electrical industry.
3. Effect of Amendment. Except as expressly amended by this First Amendment, the
Agreement shall remain in full force and effect.
4. Capitalized Terms. All capitalized terms used in this First Amendment and not defined
herein shall have the same meaning as used in the Agreement.
5. Scope of Amendment. This First Amendment shall be binding upon and inure to the benefit
of the Parties hereto, and their respective heirs, executors, administrators, successors, and
assigns, who are obligated to take any action which may be necessary or proper to carry out the
purpose and intent thereof.
6. Authority. Each Party represents and warrants that (i) it is validly existing and in good
standing in the state in which it is organized, (ii) it is the proper party to amend the Agreement,
and (iii) is has the requisite authority to execute this First Amendment.
Energy Sales Agreement
First Amendment - Page 2 of 3
7. Counterparts. This First Amendment may be executed in any number of counterparts, each
of which shall be deemed an original and all of which taken together shall constitute a single
instrument.
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be
duly executed as of the date above written.
SE
By:
Name: Stephen Pike
Title: Vice President
Energy Sales Agreement
First Amendment - Page 3 of 3
IDAHO POWER CO
By:
Namei
Title: