20141016Replacement Pages.pdf

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DONOVAN E. WALKER
Lead Counsel
dwal [e-mail]
October 16,2014
VIA HAND DELIVERY
Jean D. Jewell, Secretary
ldaho Public Utilities Commission
472 West Washington Street
Boise, ldaho 83702
Re: Case No. IPC-E-14-19
Grand View PV Solar Two, LLC - Replacement Pages 3 and 7 for Energy
Sales Agreement
Dear Ms. Jewel!:
On July 25, 2014, in Gase No. IPC-E-14-19, ldaho Power Company ("ldaho
Powe/') filed an Application with the ldaho Public Utilities Commission ("Commission")
for approval of the Energy Sales Agreement ("ESA") between ldaho Power and Grand
View PV Solar Two, LLC ("Grand View") under which ldaho Power will purchase electric
energy generated by Grand View.
Non-substantive clerical errors were discovered on pages 3 and 7 of the ESA.
The incorrect paragraph sections were referenced and a missing comma was added.
To correct these clerical errors and prevent any potential confusion, ldaho Power seeks
to replace pages 3 and 7 of the ESA with the enclosed pages. Redlined versions of
pages 3 and 7 showing the corrections are also enclosed for the Commission's ease of
reference. ldaho Power has notified Grand View about this issue and has sent Grand
View replacement pages for its final version of the ESA.
Therefore, enclosed please find an original and seven (7) copies of replacement
pages 3 and 7 of the ESA between ldaho Power and Grand View. Please contact me if
you have any comments, questions, or concerns.
An IDACORP Company
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Enclosurescc: Kristine A. Sasser- w/encls. (via hand delivery)
Peter J. Richardson - dencls. (via U.S. mail)
Robert A. Paul - dencls. (via U.S. mail)
Randy Allphin - w/encls. (via e-mai!)
Sincpretyr&?4
Donovan E. Walker \--
1221 W. ldaho St. (83702)
P.O. Box 70
Boise, lD 83707
of the Seller. Any Documents executed by such persons shall be deemed duly authorized by the
Seller for all purposes.
1.2 "Availability Shortfl '- The current month's Mid-Columbia Market Energy Cost minus
the current month's Base Energy Light t,oad Purchase Price specified in Appendix E of this
Agreement. If this calculation results in a value less than 15.00 Millykwh the result shall be
15.00 Mills/kWh.
1.3 "Base Energ,y" - Monthly Net Energy less any Surplus Energy as calculated in paragraph l.49.
1.4 "Calculated Net Enererl Amount" - A monthly estimate, prepared and documented after the fact
by Seller, reviewed and accepted by the Buyer that is the calculated monthly maximum energy
deliveries (measured in kWh) that the full Nameplate Capacity of the Facility could have
delivered based upon: (1) Sufficient Prime Mover available for use by the Facility, (2) actual
solar insolation available for use by the Facility, (3) applicable Solar Panel Degradation, (4)
incidents of Force Majeure, (5) scheduled maintenance, or (6) incidents of Forced Outages less
Losses and Station Use. If the duration of an event characterized as item 4,5 or 6 above
(measured on each individual occurrence) lasts for less than 15 minutes, then the event will not be
considered in this calculation. The Seller shall collect and maintain actual data to support this
calculation and shall keep this data for a minimum of 3 years.
1.5 "Commisgiqq" - The Idaho Public Utilities Commission.
1.6 "Ce4[lac!_-k" - The period commencing each calendar year on the same calendar date as the
Operation Datc and ending 364 days thereafter.
1.7 "Delav Cure Period" - 720 days immediately following the Scheduled Operation Date.
1.8 "Delqy-Delqggg" - (Current month's Estimated Net Energy Amount as specified in paragraph
6.2 divided by the number of days in the current month) multiplied by the number of days in the
Delay Period in the current month) multiplied by the current month's Delay Price.
1.9 "Delay Period" - All days past the Scheduled Operation Date until the Seller's Facility achieves
the Operation Date or the Agreement is terminated by Idaho Power.
1.30
l.3l
Calculated Net Energy Amount for the applicable month. Any damages due as a result of the
Seller failing to satisS the Mechanical Availability Guarantee for each month shall be determined
in accordance with Appendix H.
"Mechanical Availabil@'- shall be as defined in Appendix H.
"Mid- Columbia Market ' - is 82.4o/o of the monthly arithmetic average of
each day's lntercontinental Exchange (*ICE') daily firm Mid-C Peak Avg and Mid-C
Off-Peak Avg index prices in the month as follows:
The actual calculation being:
.S24 . d {(ICE Mid-C Peak Avg* * HL hours for day) +
x:t
(ICE 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 avemges 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
adjacant 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.
1.32 "Monthly Estimated Generation" - the monthly estimated generation as specified in Appendix I
identified as the Monthly Estimated kWh adjusted for the Solar Panel Degradation, an event of
Force Majeure or Forced Outage that directly impacts the applicable month or if Idaho Power is
relieved from accepting the Facility's Net Energy as allowed nparagraph 12.2.
1.2
of the Seller. Any Documents executed by such persons shall be deemed duly authorized by the
Seller for all purposes.
o'Availability Shortfalffi'- The current month's Mid-Columbia Market Energy Cost minus
the current month's Base Energy Light Load Purchase Price specified in Appendix E of this
Agreement. If this calculation results in a value less than 15.00 Mills/kWh the result shall be
15.00 Mills/kWh.
"BgSg Jaglg" - Monthly Net Energy less any Surplus Energy as calculated in paragraph
wt.49.
"Calculated Net Enery '- A monthly estimate, prepared and documented after the fact
by Seller, reviewed and accepted by the Buyer that is the calculated monthly maximum energy
deliveries (measured in kWh) that the full Nameplate Capacity of the Facility could have
delivered based upon: (l) Sufficient Prime Mover availablc for use by the Facility, (2) actual
solar insolation available for use by the Facility, (3) applicable Solar Panel Degradation, (4)
incidents of Force Majeure, (5) scheduled maintenance, or (6) incidents of Forced Outages less
Losses and Station Use. Ifthe duration ofan event characterized as item 4, 5 or 6 above
(measured on each individual occurrence) lasts for less than l5 minutes, then the event will not be
considercd in this calculation. The Seller shall collect and maintain actual data to support this
calculation and shall keep this data for a minimum of 3 years.
"Commission" - The ldaho Public Utilities Commission.
o'Contract Year" - The period commencing each calendar ycar on the same calendar date as the
Operation Date and ending 364 days thereafter.
"Delay Cure Period" - 120 days immediately following the Scheduled Operation Date.
"Delay Damages" - (Current montl's Estimated Net Energy Amount as specified in paragraph
6.2 divided by the number of days in the current month) multiplied by the number of days in the
Delay Period in the current month) multiplicd by thc current month's Delay Price.
"DelA)LBerisd" - All days past the Scheduled Operation Date until the Seller's Facility achieves
the Operation Date or the Agreement is terminated by Idaho Power.
1.3
t.4
1.5
1.6
1.7
1.8
1.9
1.30
L3l
Calculated Net Energy Arnount for the applicable month. Any damages due as a result of the
Seller failing to satisff the Mechanical Availability Guarantee for each month shall be determined
in accordance with Appendix H.
"Mechanical Availabil@'- shall be as defined in Appendix H.
"Mid- Columbia Market Energy Cost" - is 82.4o/o of thc monthly arithmetic average of
each day's lntercontinental Exchange (*tCE') daily firm Mid-C Peak Avg and Mid-C
Off-Peak Avg index prices in the month as follows:
The actual calculation being:
.824 * (;{GCE Mid-C Peak Avg* * HL hours for day) +
X=l
(ICE 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 bc
multiplied by the appropriate respective numbers of IIL 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 HI. prices are reported.
1.32 "Monthly Estimated Generation" - the monthly estimated generation as specified in Appendix I
idcntified as the Monthly Estimated kWh adjusted for the Solar Panel Degradation, an event of
Force Majeure or Forced Outage that directly impacts the applicable month or if Idaho Power is
relieved from accepting the Facility's Net Energy as allowed in paragraph 812.2.