20141028Application.pdf

DONOVAN E. WALKER
Lead Counsel
RECEtVll"j
20lt OCT 28 PH l: h7
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An loAcoRP companv
Energy Sales
and seven (7)
Energy Sales
October 28,2014
VIA HAND DELIVERY
Jean D. Jewell, Secretary
ldaho Public Utilities Commission
47 2 W est Wash ington Street
Boise, ldaho 83702
Re: Case No. IPC-E -14-37
ldaho Power Company's Application Regarding Firm
Agreement Amendments
Dear Ms. Jewell:
Enclosed for filing in the above matter please find an original
copies of ldaho Power Company's Application for Approval of Firm
AgreementAmendments.
DEW:csb
Enclosures
1221 W. ldaho St. (83702)
P.O. Box 70
Boise, lD 83707
DONOVAN E. WALKER (lSB No. 5921)
ldaho Power Company
1221 West ldaho Street (83702')
P.O. Box 70
Boise, Idaho 83701
Telephone: [phone]
Facsimile: [phone]
dwalker@ idahopower. com
Attomey for ldaho Power Company
IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR
APPROVAL OR REJECTION OF THE
AMENDMENTS TO VARIOUS FIRM
ENERGY SALES AGREEMENTS
REGARDING THE MID-C MARKET INDEX.
J":t-/1 f'ai il'r\i{.t:ur. lroil- Ll
i0l! OCT 28 Pl{ l: tr7
ill,i , -i j )...., j: .
I.' I iLlTli:l] C'-li :,1r;rlOt';
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. !PC-E-14-37
APPLICATION FOR APPROVAL
OF FIRM ENERGY SALES
AGREEMENT AMENDMENTS
ldaho Power Company ("ldaho Powe/'), in accordance with RP 52 and the
applicable provisions of the Public Utility Regulatory Policies Act of 1978 ('PURPA'),
hereby respectfully applies to the Idaho Public Utilities Commission ("Commission") for
an order approving amendments ("Amendments") to various Firm Energy Sales
Agreements ("FESA") between ldaho Power and PURPA qualifying facilities ("QF").
These Amendments are virtually identical, and cover the same issue as those submitted
and approved as part of the settlement stipulation ("Stipulation") in Case No. IPC-E-13-
25, and the First Amendment to the FESA between ldaho Power and United Materials
of Great Falls, lnc., Case No. !PC-E-14-21.
APPL]CATION FOR APPROVAL OF FIRM ENERGY SALES AGREEMENT AMENDMENTS - 1
ln support of this Application, Idaho Power represents as follows:
I. INTRODUCTION AND BACKGROUND
1. ldaho Power has executed 12 individual amendments to existing FESAs
with 12 different PURPA QFs. The Amendments are attached hereto as Attachments 1
through 12 as indicated below. The below table lists the applicable QF party as well as
the Commission case number in which each FESA was approved:
Attachment QF Party/FESA Seller FESA Approval
Order
Gase Number
1 AgPower Jerome, LLC Order No. 32138 IPC-E-10-26
2 AgPower DCD, LLC Order No. 31034 lPc-E-10-02
3 Cargill, !ncorporated Order No. 32024 tPC-E-10-15
4 J.M. Miller Enterprises, lnc.Order No. 32159 tPc-E-10-37
5 Twin Falls Energy Company, lnc.Order No. 29863 IPC-E-05-23
6 Bannock County, ldaho Order No. 32986 tPc-E-13-24
7 DF.AP #1, LLC Order No. 30608 IPC-E-08-09
8 Fossil Gulch Wind Park, LLC Order No. 29630 !PC-E-04-19
I New Energy One, LLC Order No. 32025 IPC-E-10-16
10 Riverside Hydro l, LLC Order No. 30088 rPc-E-06-13
11 Riverside Investments, LLC Order No. 32451 tPc-E-11-27
12 Riverside lnvestments, LLC Order No. 31060 lPc-E-10-05
APPLICATION FOR APPROVAL OF FIRM ENERGY SALES AGREEMENT AMENDMENTS - 2
2. The FESAs contain 90/110 firmness requirements that apply a "Market
Energy Cost" and/or "Mid-Columbia Market Energy Cost" price to energy deliveries that
do not meet the 90/110 requirements. The FESAs define the Market Energy Cost with
reference to the Dow Jones Mid-Columbia Index prices for non-firm energy. The FESA
provisions for Surplus Energy and the Market Energy Cost generally correlate to ldaho
Power's Schedule 86, Cogeneration and Small Power Production Non-Firm Energy.
3. The Dow Jones Mid-Columbia lndex was discontinued by the publisher as
of October 2013. Case No. IPC-E-13-25 was initiated to address a replacement market
index reference for the non-firm energy price reflected in Schedule 86. The parties to
Case No. IPC-E-13-25 executed a Stipulation, approved by the Commission in Order
No. 33053, which sets forth reference to the lntercontinental Exchange ('lCE") Mid-
Columbia lndex prices, with a revised formula for calculating the non-firm price in
Schedule 86. ln addition, the parties to Case No. IPC-E-13-25 agreed to amend the
FESAs 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 in the Stipulation. ln approving the Stipulation, the Commission stated, "We also
find it reasonable to allow any additional existing PURPA QFs that currently have a
contract with ldaho Power containing reference to the Dow Jones non-firm Mid-C
electricity price index, should they so choose, to amend their respective agreements
consistent with the terms of this Settlement Stipulation and similar to the contract
amendments approved by this Order." Order No. 33053, p. 4.
APPLICATION FOR APPROVAL OF FIRM ENERGY SALES AGREEMENT AMENDMENTS - 3
II. THE AMENDMENT
4. ldaho Power and each QF have agreed to amend the FESA to include,
nearly word for word, the reference to the ICE index and revised formula that was
adopted for Schedule 86 ln Case No. IPC-E-13-25. The Amendments simply sets forth,
virtually verbatim, the provisions from Schedule 86 to define "Market Energy Cost"
and/or "Mid-Columbia Market Energy Cost" as appropriate for each FESA. Pursuant to
the parties' agreement, and pursuant to the FESA which requires both parties to agree
upon a replacement index should the Dow Jones index be discontinued, an effective
date of October 2013 for use of the ICE index and calculation referenced in the
Amendments is requested. This provides for a switch to and use of the agreed upon
lCE index from the time the Dow Jones index was discontinued. The Commission
approved the October 2013 effective date in the same First Amendment to the FESA
between Idaho Power and United Materials of Great Falls, Inc., Case No. IPC-E-14-21.
III. PROCEDURE
5. Idaho Power requests that the Commission approve the proposed
Amendments upon Staff's review and without further process. Staff previously
recommended, "Based on the Commission's determination of reasonableness in
!PC-E-13-25 to the definition of 'Market Energy Cost' and change in index, and because
the Commission already deemed it reasonable for'any additional existing PURPA QFs'
to amend their respective agreements with similar terms, Staff further recommends that
the Commission approve the First Amendment without further process." Staff Decision
Memorandum, p.3, Case No. IPC-E-14-21.
APPLICATION FOR APPROVAL OF FIRM ENERGY SALES AGREEMENT AMENDMENTS - 4
6. Altematively, should the Commission determine that further process is
required, ldaho Power believes that a hearing is not necessary to consider the issues
presented herein and respectfully requests that this Application be processed under
Modified Procedure; i.e., by written submissions rather than by hearing. RP 201, ef seq.
IV. COMMUNICATIONS AND SERVICE OF PLEADINGS
7. Communications and service of pleadings, exhibits, orders, and other
documents relating to this proceeding should be sent to the following:
Donovan E. Walker
Lead Counsel
Regulatory Dockets
ldaho Power Company
1221West ldaho Street
P.O. Box 70
Boise, ldaho 83707
dwalker@ idahooower.com
dockets@idahopower. com
Randy C. Allphin
Energy Contract Administrator
ldaho Power Company
1221West ldaho Street
P.O. Box 70
Boise, ldaho 83707
rallphin@idahopower. com
V. REQUEST FOR RELIEF
8. ldaho Power respectfully requests that the Commission issue an order
accepting the Amendments to the various Firm Energy Sales Agreements submitted
herewith without change or condition
Respectfully submitted this 28h day of October 2014.
L
Attorney for ldaho Power Company
APPL]CATION FOR APPROVAL OF FIRM ENERGY SALES AGREEMENT AMENDMENTS - 5
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 28th day of October 20141 served a true and
correct copy of the within and foregoing APPLICATION FOR APPROVAL OF FIRM
ENERGY SALES AGREEMENT AMENDMENTS upon the following named parties by
the method indicated below, and addressed to the following:
AgPower Jerome, LLC (Double A Digester)
Jim Wiest, Manager
AgPower Jerome, LLC
9360 Station Street, Suite 375
Lone Tree, Colorado 80124
AgPower DGD, LLC (Bettencourt Dry Creek )
Jim Wiest
AgPower DCD, LLC
c/o Camco lntemational Group, lnc.
9360 Station Street, Suite 375
Lone Tree, Colorado 80124
Cargill, lncorporated (86 Anaerobic Digester)
Sanchayita Ray, Director of Finance
Cargill Environmental Finance
9350 Excelsior Boulevard
MS 139-4-A
Hopkins, Minnesota 55343
J.M. Miller Enterprises, lnc. (Sahko Hydro)
James Miller
J. M. Miller Enterprises, lnc.
2392 Fuller Court
Ann Arbor, Michigan 48105
Twin Falls Energy Companyn lnc.
(Low Line Midway Hydro)
Brian Olmstead
Twin Falls Energy Company, lnc.
P.O. Box 326
Twin Falls, ldaho 83303
Bannock County, ldaho
Therese Marchetti
Regulatory Compliance Manager
Bannock County Public Works Department
1500 North Fort Hall Mine Road
Pocatello, ldaho 83204
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APPL]CATION FOR APPROVAL OF FIRM ENERGY SALES AGREEMENT AMENDMENTS - 6
DF-AP #1, LLC (Big Sky West Dairy)
Attention: Contract Administrator
DF.AP #1, LLC
c/o Andgar Corporation
6920 Salashan Parhray, A-102
Ferndale, Washington 98248
Attention: Legal Department
Dean Foods Company
2515 McKinney Avenue, Suite 1200
Dallas, Texas 75201
Fossil Gulch Wind Park, LLG (Fossil Gulch)
Sharon Eshima
Fossil Gulch Wind Park, LLC
2400lndustrial Lane, Suite 2100
Broomfield, Colorado 80020
New Energy One, LLC (Rock Creek Dairy)
Kenny Tolman, Plant Manager
New Energy One, LLC
P.O. Box AJ
Filer, ldaho 83328
Riverside Hydro l, LLC (Mora Drop)
Riverside Hydro l, LLC
P.O. Box 720
Parma, Idaho 83660
Riverside lnvestments, LLG (Fargo Drop)
Dennis Daugherty
Fargo Drop Hydroelectric
Riverside lnvestments LLC
P.O. Box 154
Adrian, Oregon 97901
Riverside lnvestments, LLG (Arena Drop)
Dennis Daugherty
Riverside lnvestments LLC
P.O. Box 328
Adrian, Oregon 97901
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APPLICATION FOR APPROVAL OF FIRM ENERGY SALES AGREEMENT AMENDMENTS - 7
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
GASE NO. IPC.E.14.37
IDAHO POWER COMPANY
ATTACHMENT 1
FIRST AMENDMENT
TO THE
FIRM ENERGY SALES AGREEMENT
BETWEEN
IDAHO POWER COMPANY
AND
AGPOWER JEROME, LLC
This First Amendment o-f the Firm Energy Sales Agreement ("First Amendment") is
entered into on this //day of ,4,,rdrr/ ,2}laby ind between tdaho Power Company, an Idaho
corporation ("Idaho Power"), andRgPower Jerome, LLC, a Delaware limited liability company
("AgPower Jerome" or "Seller") (individually a "Party" and collectively the'oParties").
WHEREAS, Idaho Power and Seller entered into a Firm Energy Sales Agreement on
October 13, 2010 (the "Agreetnent") 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.
32138 on December 16,2010;
WHEREAS, On September 13, 2013, the Publisher of the Dow Jones and Platts indices
provided notice to Idaho Power that it was discontinuing publication of the Dow Jones non-firm
index and transitioning to the Platts non-firm index and since such transition, the Platts index has
reported zero volumes;
WHEREAS, Idaho Power and other parties to Docket No. IPC-E-13-25 entered into a
Settlement Stipulation on March 14, 2014 ("Stipulation") that changed the definition of Mid-
Columbia Market Energy Cost in Schedule 86 to replace the Dow Jones non-firm index with the
Intercontinental Exchange firm index for purposes of calculating market energy cost, and this
Stipulation was approved by the Idaho PUC in Order No. 33053 on June 10,2014;
WHEREAS, the Idaho PUC's order approving the Stipulation also approved amendments
replacing the Dow Jones non-firm index with the Intercontinental Exchange firm index in
contracts of parties to Docket No. IPC-E-13-25, and found it to be reasonable to allow existing
PURPA qualiffing facilities that currently have a contract with Idaho Power containing reference
to the Dow Jones non-firm index to amend their contracts consistent with the terms of the
Stipulation; and
WHEREAS, Seller and tdaho Power desire to amend the definition of Mid-Columbia
Market Energy Cost in this Agreement consistent with the Stipulation;
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.
Firm Energy Sales Agreement
Project: 316161l5 Double A Digester
First Amendment - Page I of 3
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 oo " - 82.4Yo of the monthly
arithmetic average of each day's Intercontinental Exchange ("[CE") 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, Manorial 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 Christmas Day.
The actual Mid-Columbia Market Energy Cost calculation being:
n
.824 * ( I {(ICE Mid-C Peak Avg* * HL hours for day) + (lCE
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 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.
Firm Energy Sales Agreement
Project: 316161 l5 Double A Digester
First Amendment - Page 2 of 3
3. Commission Approval. The obligations of the Parties under this First Amendment are
subject to the Idaho PUC's approval of this First Amendment and such approval being upheld on
appeal, if any, by a court of competent jurisdiction. The Parties will submit this First
Amendment to the Idaho PUC and recommend approval in its entirety pursuant toRP 274.
4. Effect of Amendment. Except as expressly amended by this First Amendment, the
Agreernent shall rernain in full force and effect.
5. Capitalized Terms. All capitalized terms used in this First Amendment and not defined
herein shall have the same meaning as used in the Agreement.
6. 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.
7. 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) it has the requisite authority to execute this First Amendment.
8. Counterparts. This First Amendment may be executed in any number of counterparts, each
of which shall be deerned 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.
AGPOWER JEROME, I?IDAHO
By:
Name:
Title:
Name:
Title:
Firm Energy Sales Agreement
Project: 3l6l6l l5 Double A Digester
First Amendment - Page 3 of 3
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
GASE NO. IPC-E-14-37
IDAHO POWER COMPANY
ATTAGHMENT 2
SECOND AMENDMENT
TO THE
FIRM ENERGY SALES AGREEMENT
BETWEEN
IDAHO POWER COMPANY
AND
AGPOWER DCD, LLC
This Second Amendment of the Firm Energy Sales Agreement ("Second Amendment") is
entered into on this 1!t day of /ut*f ,2014 Uy and between ldaho Power Company, an Idaho
corporation ("Idaho Power"), andAgPo*er DCD, LLC, a Delaware limited liability company
("DCD" or "Seller") (individually a "Party" and collectively the "Parties").
WHEREAS, Idaho Power and Cargill, Incorporated entered into a Firm Energy Sales
Agreanent dated January 22, 2010 (the "Original Agreernent") 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. 31034 on April 1, 2010;
WHEREAS, Idaho Power, Cargill Environmental Finance division of Cargill,
Incorporated ("Cargill"), and DCD entered into a First Amendment of the Original Agreement
on June 24, 2013, providing for, among other things, the transfer of ownership and all rights,
interests and obligations of Cargill under the Original Agreement to DCD (the Original
Agreement, as amended, is referred to in this Second Amendment as the "Agreement");
WHEREAS, On Septanber 13,20L3, the Publisher of the Dow Jones and Platts indices
provided notice to Idaho Power that it was discontinuing publication of the Dow Jones non-firm
index and transitioning to the Platts non-firm index and since such transition, the Platts index has
reported zero volumes;
WHEREAS, ldaho Power and other parties to Docket No. IPC-E-13-25 entered into a
Settlement Stipulation on March 14, 20T4 ("Stipulation") that changed the definition of Mid-
Columbia Market Energy Cost in Schedule 86 to replace the Dow Jones non-firm index with the
lntercontinental Exchange firm index for purposes of calculating market energy cost, and this
Stipulation was approved by the Idaho PUC in Order No. 33053 on June 10,2014;
WHEREAS, the Idaho PUC's order approving the Stipulation also approved amendments
replacing the Dow Jones non-firm index with the Intercontinental Exchange firm index in
contracts of parties to Docket No. IPC-E-T3-25, and found it to be reasonable to allow existing
PURPA qualifying facilities that currently have a contract with Idaho Power containing reference
to the Dow Jones non-firm index to amend their contracts consistent with the terms of the
Stipulation; and
WHEREAS, Seller and ldaho Power desire to amend the definition of Mid-Columbia
Market Energy Cost in this Agreement consistent with the Stipulation;
Firm Energy Sales Agreement
Project: 31615100 Bettencourt Dry Creek
Second Amendment - Page I of 3
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 1.20 shall be deleted in its entirety and the following section
shall be substituted in its stead:
1.20 "Mid-Columbia Market Enersy 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
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 Avg* * LL hours for day)) I (n*24))
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 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
Firm Energy Sales Agreement
Project 31615100 Bettencourt Dry Creek
Second Amendment - Page 2 of 3
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 lndex. The selected replacement index will be
consistent with other similar agreements and a commonly used index by
the electrical industry.
3. Commission Approval. The obligations of the Parties under this First Amendment are
subject to the Idaho PUC's approval of this First Amendment and such approval being upheld on
appeal, if any, by a court of competent jurisdiction. The Parties will submit this First
Amendment to the Idaho PUC and recorlmend approval in its entirety pursuanttoRP 274.
4. Effect of Amendment. Except as expressly amended by this First Amendment, the
Agreement shall remain in full force and effect.
5. Capitalized Terms. All capitalized terms used in this First Amendment and not defined
herein shall have the same meaning as used in the Agreement.
6. 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.
7. 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) it has the requisite authority to execute this First Amendment.
8. Counterparts. This First Amendment may be executed in any number of counterparts, each
of which shall be deerned 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.
Firm Energy Sales Agreement
Projecl 31615100 Bettencourt Dry Creek
Second Amendment - Page 3 of 3
AGPOWER DCD, LLC IDAHO POWER CO
rine: b lq lq
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
GASE NO, IPC.E.14.37
IDAHO POWER GOMPANY
ATTACHMENT 3
FIRST AMENDMENT
TO TIIE
FIRM EN E,RGY SALES,,\GREEI\I EN'I'
BETWEEN
IDAHO POWER COMPANY
AND
CARGILL, INCORPORATED
This First Ar4endment of the Firm Energy Sales Agreement ("First Amendment") is
entered into on this e day of *Ol' ,}Oir4UV unO between ldaho Power Company, an ldaho
corporation ("ldaho Power''), and'Cargill, Incorporated, a Delaware corporation ("Cargill" or
"Seiler") (individually a "Party" and collectively the ''Parties").
WHEREAS, Idaho Power and Seller entered into a Finn Energy Sales Agreement on
May 4,2010 (the "Agreement") fbr the purchase and sale of energy produced by the Scllcr's
lacility that was approved by the Idaho Public Lrtilities Commission ("ldaho PUC") in Order No.
32024 on July l, 2010;
WHEREAS, On September 13, 2013, the Publisher of the Dow Jones and Platts indices
provided notice to ldaho Power that it was discontinuing publication of the Dow Jones non-firm
index and transitioning to the Platts non-firm index and since such transition, the Platts index has
reported zero volumes;
WHEREAS, [daho Power and other parties to Docket No. IPC-E-13-25 entercd into a
Settlement Stipulation on March 14, 2014 ("Stipuiation") that changed the definition of Mid-
Colurnbia Market Energy Cost in Schedule 86 to replace the Dow Jones non-firrn index with the
Intercontinental Exchange firm index for purposes of calculating market encrgy cost, and this
Stipulatirrn was approved bythe ldaho PUC in OrderNo.33053 on Junc 10,2014;
WHEREAS, the Idaho PUC's order approving the Stipulation also approved amcndments
replacing the Dow Jones non-firm index with the Intercontinental Exchange firm indcx in
contracts of parties to Docket No. IPC-E-13-25, and found it to be reasonable to allow existing
PURPA qualifying facilities that currently have a contract with Idaho Power containing reference
to the Dow Jones non-firm indcx to amcnd their contracts consistent with the terms of the
Stipulation; and
WHEREAS, Seller and ldaho Po"ver desire to amend the dcfinition of Mid-Clolumbia
Market Energy Cost in this Agreernent consistent with the Stipulation;
NOW, THEREFORE, in consideration of thc fbregoing, and for other good and valuablc
consideration, the receipt and adequacy of which are hereby acknowledged, and intcnding to be
legally bound, the Parlies hereto agree as fbllows:
1. Incorporation of Recitals. 'I'he above-stated recitals are incorporated into and made a part
of this Agreement by this ret-erence to the same extent as if these rccitals were set forth in full at
this point.
Firm Encrgy Sales Agreement
Project: 31616150 86 Anaerr.rbic Digcster
First Anrendment - Pagc I crf 3
2. Definitions. Article l, section 1.20 sliall be deleted in its entirety and the following section
shall be substituted in its stcad:
1.20 "Mid-Columbia Market Energy Cost"
arithmetic average of each day's Intercontinental
f,rrm Mid-C Peak Avg and Mid-C Off-Peak Avg
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, Independcnce Day, Labor
and Christmas Day.
Light Load (LL) Hours: The daily hours fiom
Mountain Time (8 hours), plus all other hours on
Day, Memorial Day, Independence Day, Labor
and Christmas Day.
82.4% of the monthly
Exchange (''ICE") daily
index prices. Each day's
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
Thc actual Mid-Columbia Market Energy Cost calculation being:
n
.824 * ( I i(lCE Mici-C Peak Avg* * l{L hours for day) + (lCE
X=l
IvIid-C Off'-Pcak 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 reporled for a particular day or days,
prices derived liom the respective averages of HL and LL prices for the
immediately preceding and following reporting periods or days shall be
substituted into thc formula stated in this dcfinition and shall therefore be
rnultiplied by the appropriate respective numbers of HL and LL Hours fbr
such particular day or days with the result that each hour in such month
shall have a related price in such formula. If thc day for which prices are
not reported has in it only LL Hor.rrs (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 thc
calendar to a holiday, the prices used for HL Hours shall be those fbr HL
hours in the nearest (tbrward or backward) reporting periods or days fbr
which HL prices are reported.
If thc ICE Mid-C Index reporling is discontinued by thc rcporting agetrcy.
both Parties will mutually agree uporl a replacement index, which is
similar to the ICE lvlid-C lndex. The sclected replacement index lvill be
Firm Energy Sales Agreement
Project: 31616150 86 Anaerobic Digester
First Amendment - Page 2 of 3
consistent with other similar agreements and a commonly used index by
the electrical industry.
3. Commission Approval. The obligations of the Parties under this First Amendment are
subject to the ldaho PUC's approval of this First Amendment and such approval being upheld on
appeal, if any, by a court of competent jurisdiction. The Parties will submit this First
Amendment to the ldaho PUC and recommend approval in its cntirety pursuant to RP 274.
4. Effect of Amendment. Except as expressly amended by this First Amendment. the
Agreernent shall remain in full force and effect.
5. Capitalized Terms. A1l capitalized terms used in this First Amendment and not defined
herein shall hnve the same meaning as usecl in the Agreement"
6. Scope of Amendment. This First Amendment shall be binding upon and inure to the benefit
of the Parties heretcl, and their respective heirs, executors, administrators, successors, and
assigns, who are obligated to take any action which may be necessary or proper to caffy out the
purpose and intent thereof.
7. Authority. Each Party represents and warrants that (i) it is validly cxisting and in good
standing in the state in which it is organizcd, (ii) it is the proper party to amend the Agreement,
and (iii) it has the requisite authority to execute this First Amendment.
8. Counterparts. This First Amendment may be executed in any number of countcrparts, cach
of which shall be deemed an original and all of which taken togethcr 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.
Title: OWs-"-', Mo'aaatE1a ritr., SvP BrnrCr Si,f,pl2,
Hirm Energy Sales Agreement
Projcct: 316161-i0 116 Anacrobic Digester
Irirst Amendment - l'age 3 c-.f 3
CARCILL CORPORATED IDAHO POWHR COMPA
Name:
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
GASE NO. IPC.E.14.37
IDAHO POWER COMPANY
ATTACHMENT 4
FIRST AMENDMENT
TO THE
FIRM ENERGY SALES AGREEMENT
BETWEEN
IDAHO POWER COMPANY
AND
J.M. MILLER ENTERPRISES, INC.
This First Ar4endment of the.Firm Energy Sales Agreanent ("First Amendment") is
entered into on this )ftday of *pt ,20l4by and between Idaho Power Company, an ldaho
corporation ("ldaho Power"), and'J.M. Miller Enterprises, Inc., an Idaho corporation ("J.M.
Miller" or "Seller") (individually a "Party'' and collectively the "Parties").
WHEREAS, ldaho Power and Seller entered into a Firm Energy Sales Agreement on
November 1, 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
Order No. 32159 on January l3,20ll;
WHEREAS, On September 13, 2013, the Publisher of the Dow Jones and Platts indices
provided notice to Idaho Power that it was discontinuing publication of the Dow Jones non-firm
index and transitioning to the Platts non-firm index and since such transition, the Platts index has
reported zero volumes;
WHEREAS, Idaho Power and other parties to Docket No. IPC-E-13-25 entered into a
Settlement Stipulation on March 14, 2014 ("Stipulation") that changed the definition of Mid-
Columbia Market Energy Cost in Schedule 86 to replace the Dow Jones non-firm index with the
Intercontinental Exchange firm index for purposes of calculating market energy cost, and this
Stipulation was approved by the ldaho PUC in Order No. 33053 on June 10,2014;
WHEREAS, the Idaho PUC's order approving the Stipulation also approved amendments
replacing the Dow Jones non-firm index with the Intercontinental Exchange firm index in
contracts of parties to Docket No. IPC-E-13-25, and found it to be reasonable to allow existing
PURPA qualiffing facilities that currently have a contract with Idaho Power containing reference
to the Dow Jones non-firm index to amend their contracts consistent with the terms of the
Stipulation; and
WHEREAS, Seller and Idaho Power desire to amend the definition of Mid-Columbia
Market Energy Cost in this Agreement consistent with the Stipulation;
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.
Firm Energy Sales Agreement
Project: 31617100 Sahko Hydro
First Amendment - Page I of 3
2. Definitions. Article l, section 1.20 shall be deleted in its entirety and the following section
shall be substituted in its stead:
1.26 "Mid-Columbia Market Enerey Cost" - 82.4oh 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
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) + (lCE
X=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 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
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.
Firm Energy Sales Agreement
Project: 31617100 Sahko Hydro
First Amendment - Page 2 of 3
3. Commission Approval. The obligations of the Parties under this First Amendment are
subject to the Idaho PUC's approval of this First Amendment and such approval being upheld on
appeal, if any, by a court of competent jurisdiction. The Parties will submit this First
Amendment to the ldaho PUC and recommend approval in its entirety pursuant to RP 274.
4. Effect of Amendment. Except as expressly amended by this First Amendment, the
Agreement shall remain in full force and effect.
5. Capitalized Terms. All capitalized terms used in this First Amendment and not defined
herein shall have the same meaning as used in the Agreanent.
6. 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.
7. 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) it has the requisite authority to execute this First Amendment.
8. 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.
Title:Title:
Firm Energy Sales Agreement
Project: 31617100 Sahko Hydro
First Amendment - Page 3 of 3
J.M. MILLER ENTERPRISES, INC.IDAHO POWER
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
GASE NO. IPG.E.14.37
IDAHO POWER GOMPANY
ATTACHMENT 5
FIRST AMENDMENT
TO THE
FIRM ENERGY SALES AGREEMENT
BETWEEN
IDAHO POWER COMPANY
AND
TWIN FALLS ENERGY COMPANY,INC.
This First Amendment of the Firm Energy Sales Agreement ("First Amendment") is
entered into on this 6 day of Sep* ,20l4by and between Idaho Power Company, an Idaho
corporation ("ldaho Power"), and Twin Falls Energy Company, Inc., an Idaho corporation
("Twin Falls Energy''or "Seller") (individually a "Party" and collectively the "Parties").
WHEREAS, Idaho Power and Seller entered into a Firm Energy Sales Agreement on
Jvne 27,2005 (the "Agreement") for the purchase and sale of energy produced by the Seller's
facility that was approved by the Idaho Public Utilities Commission ("ldaho PUC") in Order No.
29863 on September 8, 2005;
WHEREAS, On September 13, 2013, the Publisher of the Dow Jones and Platts indices
provided notice to Idaho Power that it was discontinuing publication of the Dow Jones non-firm
index and transitioning to the Platts non-firm index and since such transition, the Platts index has
reported zero volumes;
WHEREAS, Idaho Power and other parties to Docket No. IPC-E-13-25 entered into a
Settlement Stipulation on March 14, 2014 ("Stipulation") that changed the definition of Mid-
Columbia Market Energy Cost in Schedule 86 to replace the Dow Jones non-firm index with the
Intercontinental Exchange firm index for purposes of calculating market energy cost, and this
Stipulation was approved by the Idaho PUC in Order No. 33053 on June 10,2014;
WHEREAS, the Idaho PUC's order approving the Stipulation also approved amendments
replacing the Dow Jones non-firm index with the Intercontinental Exchange firm index in
contracts of parties to Docket No. IPC-E-13-25, and found it to be reasonable to allow existing
PURPA qualifying facilities that currently have a contract with Idaho Power containing reference
to the Dow Jones non-firm index to amend their contracts consistent with the terms of the
Stipulation; and
WHEREAS, Seller and Idaho Power desire to amend the definition of Market Energy
Cost in this Agreement consistent with the Stipulation;
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.
Firm Energy Sales Agreement
Project: 31615130 Low Line Midway Hydro
First Amendment - Page I of 3
2. Definitions. Article 1, sectionl.l2 shall be deleted in its entirety and the following section
shall be substituted in its stead:
l.l2 "Market Enersy Cost" - Eighty-five percent (85%) of 82.4%o 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
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day
and Christmas Day.
The actual Market Energy Cost calculation being:
0.85 * 1.824 * iZ tfrau Mid-C Peak Avg* * HL hours for day) +
x=l
(ICE Mid-C Off-Peak Avg* * LL hours for day)) I (n*24))l
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 lndex. The selected replacement index will be
Firm Energy Sales Agreement
Project: 31615130 Low Line Midway Hydro
First Amendment - Page 2 of 3
consistent with other similar agreements and a commonly used index by
the electrical industry.
3. Commission Approval. The obligations of the Parties under this First Amendment are
subject to the Idaho PUC's approval of this First Amendment and such approval being upheld on
appeal, if any, by a court of competent jurisdiction. The Parties will submit this First
Amendment to the Idaho PUC and recommend approval in its entirety pursuant toP.P 274.
4. Effect of Amendment. Except as expressly amended by this First Amendment, the
Agreement shall remain in full force and effect.
5. Capitalized Terms. All capitalized terms used in this First Amendment and not defined
herein shall have the same meaning as used in the Agreement.
6. 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.
7. 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) it has the requisite authority to execute this First Amendment.
8. 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.
IDAENERGY COMPANY,INC.
Name: *f - /f Sy.**r.a.
Tiile: PtUg. Title:
Firm Energy Sales Agreement
Project: 31615130 Low Line Midway Hydro
First Amendment - Page 3 of 3
BEFORE THE
IDAHO PUBLIG UTILITIES COMMISSION
GASE NO. IPC-E-14-37
IDAHO POWER COMPANY
ATTACHMENT 6
FIRST AMENDMENT
TO THE
ENERGY SALES AGREEMENT
BETWEEN
IDAHO POWER COMPANY
AND
BANNOCK COUNTY,IDAHO
This First Amendment of the Energy Sales Agreement ("First Amendment")
into on this fi(day of lgili , 2OA iy and beiween Idaho Power Company,
corporation ("ldaho Powey'), and Bannock County, Idaho ("Bannock County" or
(individually a "Party" and collectively the "Parties").
is entered
an Idaho
"Seller")
WHEREAS, Idaho Power and Seller entered into an Energy Sales Agreement on
November 13,2013 (the "Agreement") for the purchase and sale of energy produced by the
Seller's facility, 41365515 Bannock County Landfill Gas to Energy Project, that was approved
by the Idaho Public Utilities Commission ("Idaho PUC") in Order No. 32986 on February 25,
2014;
WHEREAS, On September 13, 2013, the Publisher of the Dow Jones and Platts indices
provided notice to Idaho Power that it was discontinuing publication of the Dow Jones non-firm
index and transitioning to the Platts non-firm index and since such transition, the Platts index has
reported zero volumes;
WHEREAS, Idaho Power and other parties to Docket No. IPC-E-13-25 entered into a
Settlement Stipulation on March 14, 2014 ("Stipulation") that changed the definition of Mid-
Columbia Market Energy Cost in Schedule 86 to replace the Dow Jones non-firm index with the
Intercontinental Exchange firm index for purposes of calculating market energy cost, and this
Stipulation was approved by the Idaho PUC in Order No. 33053 on June 10,2014;
WHEREAS, the Idaho PUC's order approving the Stipulation also approved amendments
replacing the Dow Jones non-firm index with the Intercontinental Exchange firm index in
contracts of parties to Docket No. IPC-E-73-25, and found it to be reasonable to allow existing
PURPA qualifoing facilities that currently have a contract with Idaho Power containing reference
to the Dow Jones non-firm index to amend their contracts consistent with the terms of the
Stipulation; and
WHEREAS, Seller and Idaho Power desire to amend the definition of Mid-Columbia
Market Energy Cost in this Agreement consistent with the Stipulation;
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.
Energy Sales Agreement
First Amendment - Page I of 4
2. Definitions. Article 1, section 1.26 shall be deleted in its entirety and the following section
shall be substituted in its stead:
1.26 " " - 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
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day
and Christmas Day.
The actual Mid-Columbia Market Energy Cost calculation being:
n
.824 * ( I {(lCE Mid-C Peak Avg- * HL hours for day) + (ICE
x=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 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.
Energy Sales Agreement
First Amendment-Page2 of 4
3. Commission Approval. The obligations of the Parties under this First Amendment are
subject to the Idaho PUC's approval of this First Amendment and such approval being upheld on
appeal, if any, by a court of competent jurisdiction. The Parties will submit this First
Amendment to the Idaho PUC and recommend approval in its entirety pursuant to RP 274.
4. Effect of Amendment. Except as expressly amended by this First Amendment, the
Agreement shall remain in full force and effect.
5. Capitalized Terms. All capitalized terms used in this First Amendment and not defined
herein shall have the same meaning as used in the Agreement.
6. 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.
7. 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) it has the requisite authority to execute this First Amendment.
8. 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
Name:
By:
By:
Name:
Title:
Energy Sales Agreement
First Amendment - Page 3 of 4
BANNOCK COUNTY
ritr",.5VP Rwef Sc, p0l?r
BANNOCK
BANNOCK COI.JNTY
By:
Name:
Energy Sales Agreement
First Amendment - Page 4 of 4
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
GASE NO. IPC-E-14-37
IDAHO POWER COMPANY
ATTACHMENT 7
FIRST AMENDMENT
TO THE
FIRM ENERGY SALES AGREEMENT
BETWEEN
IDAHO POWER COMPANY
AND
DF-AP #|,LLC
This First Amendment of the Firm Energy Sales Agreement ("First Amendment") is
entered into on this / day of )C(t ,z}iHby and between Idaho Power Company, an Idaho
corporation ("Idaho Power"), and DF-AP #1,LLC, a Delaware limited liability company ("DF-
AP #1" or "SelleC') (individually a *Part:y''and collectively the "Parties").
WHEREAS, Idaho Power and Seller entered into a Firm Energy Sales Agreement on
Apil2I,2008 (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.
30608 on July 30, 2008;
WHEREAS, On September 13,2013, the Publisher of the Dow Jones and Platts indices
provided notice to Idaho Power that it was discontinuing publication of the Dow Jones non-firm
index and transitioning to the Platts non-firm index and since such transition, the Platts index has
reported zero volumes;
WHEREAS, Idaho Power and other parties to Docket No. IPC-E-13-25 entered into a
Settlement Stipulation on March 14, 2014 ("Stipulation") that changed the definition of Mid-
Columbia Market Energy Cost in Schedule 86 to replace the Dow Jones non-firm index with the
Intercontinental Exchange firm index for purposes of calculating market energy cost, and this
Stipulation was approved by the Idaho PUC in Order No. 33053 on June 10,2014;
WHEREAS, the Idaho PUC's order approving the Stipulation also approved amendments
replacing the Dow Jones non-firm index with the Intercontinental Exchange firm index in
contracts of parties to Docket No. IPC-E-13-25, and found it to be reasonable to allow existing
PURPA qualifying facilities that currently have a contract with Idaho Power containing reference
to the Dow Jones non-firm index to amend their contracts consistent with the terms of the
Stipulation; and
WHEREAS, Seller and Idaho Power desire to amend the definition of Market Energy
Cost and Mid-Columbia Market Energy Cost in this Agreement consistent with the Stipulation;
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.
Firm Energy Sales Agreement
Project: 31616100 Big Sky West Dairy
First Amendment - Page I of 3
2. Definitions. Article 1, section 1.16 shall be deleted in its entirety and the following section
shall be substituted in its stead:
l.16 "Market Enerey Cost" - Eighty-five percent (85%) of the Mid-Columbia
Market Energy Cost.
Article l, section 1.20 shall be deleted in its entirety and the following section shall be
substituted in its stead:
1.20 "Mid-Columbia Market Enerey Cost" - 82.4o/o of the monthly
arithmetic average of each day's Intercontinental Exchange ("[CE") 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
Day, Manorial Day, lndependence Day, Labor Day, Thanksgiving Day
and Christmas Day.
The actual Mid-Columbia Market Energy Cost calculation being:
n
.824 * ( Z {QCE Mid-C Peak Avg- * HL hours for day) + (ICEx:l
Mid-C Off-Peak Avg* * LL hours for day)) I (nx24))
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.
Firm Energy Sales Agreement
Project: 31616100 Big Sky West Dairy
First Amendment - Page 2 of 3
If the ICE Mid-C Index reporting is discontinued by the reporting agency,
both Parties will mutually agree upon a replacernent 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. Commission Approval. The obligations of the Parties under this First Amendment are
subject to the Idaho PUC's approval of this First Amendment and such approval being upheld on
appeal, if any, by a court of competent jurisdiction. The Parties will submit this First
Amendment to the Idaho PUC and recorlmend approval in its entirety pursuant toRP 274.
4. Effect of Amendment. Except as expressly amended by this First Amendment, the
Agreernent shall rernain in full force and effect.
5. Capitalized Terms. All capitalized terms used in this First Amendment and not defined
herein shall have the same meaning as used in the Agreonent.
6. 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.
7. Authority. Each Party represents and warants 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) it has the requisite authority to execute this First Amendment.
8. 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.
DF-AP #I,LLC
,r, G/9 -,/''
IDAHO POWER COMPANY
By:
Name:
Title: ,H o zz z?€ tr Title:
Name: fe/ S, r
Firm Energy Sales Agreement
Project: 31616100 Big Sky West Dairy
First Amendment - Page 3 of 3
BEFORE THE
IDAHO PUBLIG UTILITIES COMMISSION
cAsE NO. IPC-E-14-37
IDAHO POWER COMPANY
ATTACHMENT 8
FIRST AMENDMENT
TO THE
FIRM ENERGY SALES AGREEMENT
BETWEEN
IDAHO POWER COMPANY
AND
FOSSIL GULCH WIND PARK LLC
This First Amendment of the Firm Energy Sales Agreement (''First Amendment") is
entered into on this 11!day of /u--\i ,2014 by and between Idaho Power Company, an Idaho
corporation ("Idaho Power"), and/Fossil Gulch Wind Park, LLC, an Idaho limited liability
company ("Fossil Gulch" or ''Seller") (individually a "Party" and collectively the "Parties").
WHEREAS, Idaho Power and Seller entered into a Firm Energy Sales Agreement on
Septanber 9, 2004 (the "Agreanent") for the purchase and sale of energy produced by the
Seller's facility that was approved by the ldaho Public Utilities Commission (''Idaho PUC") in
Order No. 29630 on November 12,2004:
WHEREAS, On Septernber 13,2013, the Publisher of the Dow Jones and Platts indices
provided notice to Idaho Power that it was discontinuing publication of the Dow Jones non-firm
index and transitioning to the Platts non-firm index and since such transition, the Platts index has
reported zero volumes;
WHEREAS, Idaho Power and other parties to Docket No. IPC-E-13-25 entered into a
Settlement Stipulation on March 14, 2014 ("Stipulation") that changed the definition of Mid-
Columbia Market Energy Cost in Schedule 86 to replace the Dow Jones non-firm index with the
Intercontinental Exchange firm index for purposes of calculating market energy cost, and this
Stipulation was approved by the Idaho PUC in Order No. 33053 on June lA,2014;
WHEREAS, the idaho PUC's order approving the Stipuiation aiso approved amendments
replacing the Dow Jones non-firm index with the lntercontinental Exchange firm index in
contracts of parties to Docket No. IPC-E-13-25. and found it to be reasonable to allow existing
PURPA qualifying facilities that currently have a contract with ldaho Power containing reference
to the Dow Jones non-firm index to amend their contracts consistent with the terms of the
Stipulation; and
WHEREAS, Seller and ldaho Power desire to amend the definition of Market Energy
Cost in this Agreement consistent with the Stipulation;
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. lncorporation of Recitals. The above-stated recitals are incorporated into and made a part
of this Agreernent by this reference to the same extent as if these recitals were set forth in full at
this point.
Firm Energy Sales Agreement
Project: 3 13 15035 Fossil Gulch
First Amendment - Page 1 of 3
2. Definitions. Article 1, section 1.12 shall be deleted in its entirety and the following section
shall be substituted in its stead:
l.l2 ''Market Energy Cost" - Eight five percent (85%) of (82.4% of the
monthly arithmetic average of each day's Intercontinental 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, 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 Christmas Day.
The actual Market Energy Cost calculation being:
0.85 * 1.824 * (L,{([CE Mid-C Peak Avg* * HL hours for day) +
(ICE Mid-C Off-Peak Avg* * LL hours for day)) r (n*24))l
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. tf 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. tf 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
Firm Energy Sales Agreement
Project: 3 1315035 Fossil Gulch
First Amendment - Page 2 of 3
consistent with other similar agreements and a commonly used index by
the electrical industry.
3. Commission Approval. The obligations of the Parties under this First Amendment are
subject to the ldaho PUC's approval of this First Amendment and such approval being upheld on
appeal, if any, by a court of competent jurisdiction. The Parties will submit this First
Amendment to the Idaho PUC and recommend approval in its entirety pursuant to RP 274.
4. Effect of Amendment. Except as expressly amended by this First Amendment, the
Agreement shall remain in full force and effect.
5. Capitalized Terms. All capitalized terms used in this First Amendment and not defined
herein shall have the same meaning as used in the Agreernent.
6. 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.
7. 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) it has the requisite authority to execute this First Amendment.
8. 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.
FOSSIL GULCH WIND PARK, LLC
Title: lvG*-(Af-- Title:
g-
Firm Energy Sales Agreement
Project: 3 l3 15035 Fossil Gulch
First Amendment - Page 3 of 3
IDAHO P
SLcr.J ,r,< ls[^' --<
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
GASE NO. IPC-E-14-37
IDAHO POWER COMPANY
ATTAGHMENT 9
This First Amepdment of the Firm Energy Sales Agreonent ("First Amendment") is
entered into on this13*hay otfuast-,2}ruby ind between tdaho Power Company, an Idaho
the
FIRST AMENDMENT
TO THE
FIRM ENERGY SALES AGREEMENT
BETWEEN
IDAHO POWER COMPANY
AND
NEW ENERGY ONE, LLC
corporation ("Idaho Power"), and New Energy One, LLC, an Idaho limited liability company
("New Energy" or "Seller") (individually a"Party" and collectively the'oParties").
WHEREAS, Idaho Power and Seller entered into a Firm Energy Sales Agreement on
May 24,2010 (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 Order No.
32025 on July 1,2010;
WHEREAS, On September 13, 2013, the Publisher of the Dow Jones and Platts indices
provided notice to Idaho Power that it was discontinuing publication of the Dow Jones non-firm
index and transitioning to the Platts non-firm index and since such transition, the Platts index has
reported zero volumes;
WHEREAS, Idaho Power and other parties to Docket No. IPC-E-13-25 entered into a
Settlement Stipulation on March 14, 2014 ("Stipulation") that changed the definition of Mid-
Columbia Market Energy Cost in Schedule 86 to replace the Dow Jones non-firm index with the
Intercontinental Exchange firm index for purposes of calculating market energy cost, and this
Stipulation was approved by the Idaho PUC in Order No. 33053 on June 10,2014;
WHEREAS, the Idaho PUC's order approving the Stipulation also approved amendments
replacing the Dow Jones non-firm index with the Intercontinental Exchange firm index in
contracts of parties to Docket No. IPC-E-13-25, and found it to be reasonable to allow existing
PURPA qualifying facilities that currently have a contract with Idaho Power containing reference
to the Dow Jones non-firm index to amend their contracts consistent with the terms of the
Stipulation; and
WHEREAS, Seller and Idaho Power desire to amend the definition of Mid-Columbia
Market Energy Cost in this Agreement consistent with the Stipulation;
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.
Firm Energy Sales Agreement
Project: 3l6l6l 10 Rock Creek Dairy
First Amendment - Page I of 3
of
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" - 82.40 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
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 Avgx * LL hours for day)) / (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 agreernents and a commonly used index by
the electrical industry.
Firm Energy Sales Agreement
Project: 3l6l6l l0 Rock Creek Dairy
First Amendment - Page 2 of 3
3. Commission Approval. The obligations of the Parties under this First Amendment are
subject to the Idaho PUC's approval of this First Amendment and such approval being upheld on
appeal, if any, by a court of competent jurisdiction. The Parties will submit this First
Amendment to the Idaho PUC and recommend approval in its entirety pursuant toP.P 274.
4. Effect of Amendment. Except as expressly amended by this First Amendment, the
Agreement shall remain in full force and effect.
5. Capitalized Terms. All capitalized terms used in this First Amendment and not defined
herein shall have the same meaning as used in the Agreement.
6. 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.
7. 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) it has the requisite authority to execute this First Amendment.
8. 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.
NEW ENERGY ONE, LLC
By:
Name: -Tr^n l+*n ,
ritt"' 0 ) ,n ra-*o- ritle:
Firm Energy Sales Agreement
Project: 3l6l6l l0 Rock Creek Dairy
First Amendment - Page 3 of 3
IDAHO POWER
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
GASE NO. IPC-E-14-37
IDAHO POWER GOMPANY
ATTACHMENT 10
FIRST AMENDMENT
TO THE
FIRM ENERGY SALES AGREEMENT
BETWEEN
IDAHO POWER COMPANY
AND
RIVERSIDE HYDRO I, LLC
This First Amendment of the Firm Energy Sales Agreement ("First Amendment") is
entered into on this !!!day of 4uaust ,2074Uy *A between Idaho Power Company, an tdaho
corporation ("IdahJTowe;"), a,rafRiuerside Hydro l,LLC, an Idaho limited tiatitity company
("Riverside" or "Seller") (individually a'oParty" and collectively the "Parties").
WHEREAS, Idaho Power and Seller entered into a Firm Energy Sales Agreement on
April 13, 2006 (the "Agreement") for the purchase and sale of energy produced by the Seller's
facility that was approved by the ldaho Public Utilities Commission ("Idaho PUC") in Order No.
30088 on June 30,2006;
WHEREAS, On September 13, 2013, the Publisher of the Dow Jones and Platts indices
provided notice to Idaho Power that it was discontinuing publication of the Dow Jones non-firm
index and transitioning to the Platts non-firm index and since such transition, the Platts index has
reported zero volumes;
WHEREAS, Idaho Power and other parties to Docket No. IPC-E-13-25 entered into a
Settlement Stipulation on March 14, 2014 ("Stipulation") that changed the definition of Mid-
Columbia Market Energy Cost in Schedule 86 to replace the Dow Jones non-firm index with the
Intercontinental Exchange firm index for purposes of calculating market energy cost, and this
Stipulation was approved by the Idaho PUC in Order No. 33053 on June 10,2014;
WHEREAS, the Idaho PUC's order approving the Stipulation also approved amendments
replacing the Dow Jones non-firm index with the Intercontinental Exchange firm index in
contracts of parties to Docket No. IPC-E-73-25, and found it to be reasonable to allow existing
PURPA qualifying facilities that currently have a contract with Idaho Power containing reference
to the Dow Jones non-firm index to amend their contracts consistent with the terms of the
Stipulation; and
WHEREAS, Seller and Idaho Power desire to amend the definition of Market Energy
Cost in this Agreement consistent with the Stipulation;
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.
Firm Energy Sales Agreement
Project: 21615200 Mora Drop
First Amendment - Page I of 3
2. Definitions. Article 1, section 1.12 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 ("[CE") 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
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day
and Christmas Day.
The actual Mid-Columbia Market Energy Cost calculation being:
0.85 * 1.824 * (I {(ICE Mid-C Peak Avg* * HL hours for day) +
x=l
(lCE Mid-C Off-Peak Avg* * LL hours for day)) I (n*z$)l
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
Firm Energy Sales Agreement
Project: 21615200 Mora Drop
First Amendment - Page 2 of 3
consistent with other similar agreements and a commonly used index by
the electrical industry.
3. Commission Approval. The obligations of the Parties under this First Amendment are
subject to the Idaho PUC's approval of this First Amendment and such approval being upheld on
appeal, if any, by a court of competent jurisdiction. The Parties will submit this First
Amendment to the Idaho PUC and recommend approval in its entirety pursuant toRP 274.
4. Effect of Amendment. Except as expressly amended by this First Amendment, the
Agreement shall remain in full force and effect.
5. Capitalized Terms. All capitalized terms used in this First Amendment and not defined
herein shall have the same meaning as used in the Agreement.
6. 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.
7. 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) it has the requisite authority to execute this First Amendment.
8. 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.
RIV
By:
IDAHO POWER COMPANY
Firm Energy Sales Agreement
Project: 21615200 Mora Drop
First Amendment - Page 3 of 3
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
GASE NO. IPC-E-14-37
IDAHO POWER COMPANY
ATTACHMENT 11
FIRST AMENDMENT
TO THE
FIRM ENERGY SALES AGREEMENT
BETWEEN
IDAHO POWER COMPANY
AND
RIVERSIDE INVESTMENTS, LLC
This First Amendment of the Firm Energy Sales Agreement ("First Amendment") is
entered into on this /* day of 1Jler ,20l4UV *a between Idaho Power Company, an Idaho
corporation ("Idaho Power"), and Riverside Investments, LLC, Idaho ("Riverside" or "Seller")
(individually a "P artt'' and collectively the "Parties").
WHEREAS, Idaho Power and Seller entered into a Firm Energy Sales Agreement on
Decernber l, 20ll (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. 32451 on February 1,2012;
WHEREAS, On September 13, 2013, the Publisher of the Dow Jones and Platts indices
provided notice to Idaho Power that it was discontinuing publication of the Dow Jones non-firm
index and transitioning to the Platts non-firm index and since such transition, the Platts index has
reported zero volumes;
WHEREAS, Idaho Power and other parties to Docket No. IPC-E-I3-25 entered into a
Settlement Stipulation on March 14, 2014 ("Stipulation") that changed the definition of Mid-
Columbia Market Energy Cost in Schedule 86 to replace the Dow Jones non-firm index with the
Intercontinental Exchange firm index for purposes of calculating market energy cost, and this
Stipulation was approved by the Idaho PUC in Order No. 33053 on June 10,2014;
WHEREAS, the Idaho PUC's order approving the Stipulation also approved amendments
replacing the Dow Jones non-firm index with the Intercontinental Exchange firm index in
contracts of parties to Docket No. IPC-E-13-25, and found it to be reasonable to allow existing
PURPA qualifuing facilities that currently have a contract with Idaho Power containing reference
to the Dow Jones non-firm index to amend their contracts consistent with the terms of the
Stipulation; and
WHEREAS, Seller and Idaho Power desire to amend the definition of Mid-Columbia
Market Energy Cost in this Agreement consistent with the Stipulation;
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.
Firm Energy Sales Agreement
Project: 21615215 Fargo Drop Hydroelectric
First Amendment - Page I of 3
2. Definitions. Article 1, section 1.22 shall be deleted in its entirety and the following section
shall be substituted in its stead:
1.22 "Mid-Columbia Market " - 82.4oh 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. 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, [ndependence 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 Christmas Day.
The actual Mid-Columbia Market Energy Cost calculation being:
n
.824 * ( I {(tCE Mid-C Peak Avg- * HL hours for day) + (lCE
X=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 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
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 lndex. The selected replacement index will be
consistent with other similar agreements and a commonly used index by
the electrical industry.
Firm Energy Sales Agreement
Project 21615215 Fargo Drop Hydroelectric
First Amendment - Page 2 of 3
3. Commission Approval. The obligations of the Parties under this First Amendment are
subject to the Idaho PUC's approval of this First Amendment and such approval being upheld on
appeal, if any, by a court of competent jurisdiction. The Parties will submit this First
Amendment to the Idaho PUC and recommend approval in its entirety pursuant toP.P 274.
4. Effect of Amendment. Except as expressly amended by this First Amendmant, the
Agreernent shall remain in full force and effect.
5. Capitalized Terms. All capitalized terms used in this First Amendment and not defined
herein shall have the same meaning as used in the Agreement.
6. 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.
7. 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 Agreonent,
and (iii) it has the requisite authority to execute this First Amendment.
8. 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.
Name:
ritte: /4 fr**Gtrl ritr.' Sl/D Rr"x D Sr ,pF/
dr-
Firm Energy Sales Agreement
Project: 21615215 Fargo Drop Hydroelectric
First Amendment - Page 3 of 3
RIVERSID IDAHO POWER
BEFORE THE
IDAHO PUBLIC UTILITIES GOMMISSION
GASE NO. IPC.E-14.37
IDAHO POWER COMPANY
ATTACHMENT 12
FIRST AMENDMENT
TO THE
FIRM ENERGY SALES AGREEMENT
BETWEEN
IDAHO POWER COMPANY
AI\D
RIVERSIDE INVESTMENTS, LLC
This First Amendment of the Firm Energy Sales Agreernent ("First Amendment") is
entered into on this 2d day of Aa4le, ,z[aby and between Idaho Power Company, an Idaho
corporation ("Idaho Power"), and Riverside Investments, LLC, Idaho ("Riverside" or "Seller")
(individually a "Party''and collectively the "Parties").
WHEREAS, Idaho Power and Seller entered into a Firm Energy Sales Agreement on
March 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 Order No.
31060 on April 22,2010;
WHEREAS, On September 13, 2013, the Publisher of the Dow Jones and Platts indices
provided notice to Idaho Power that it was discontinuing publication of the Dow Jones non-firm
index and transitioning to the Platts non-firm index and since such transition, the Platts index has
reported zero volumes;
WHEREAS, Idaho Power and other parties to Docket No. IPC-E-13-25 entered into a
Settlement Stipulation on March 14, 2014 ("Stipulation") that changed the definition of Mid-
Columbia Market Energy Cost in Schedule 86 to replace the Dow Jones non-firm index with the
lntercontinental Exchange firm index for purposes of calculating market energy cost, and this
Stipulation was approved by the Idaho PUC in Order No. 33053 on June 10,2014;
WHEREAS, the Idaho PUC's order approving the Stipulation also approved amendments
replacing the Dow Jones non-firm index with the Intercontinental Exchange firm index in
contracts of parties to Docket No. IPC-E-T3-25, and found it to be reasonable to allow existing
PURPA qualiflring facilities that currently have a contract with Idaho Power containing reference
to the Dow Jones non-firm index to amend their contracts consistent with the terms of the
Stipulation; and
WHEREAS, Seller and Idaho Power desire to amend the definition of Mid-Columbia
Market Energy Cost in this Agreement consistent with the Stipulation;
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.
Firm Energy Sales Agreement
Project: 21615205 Arena Drop
First Amendment - Page I of 3
2. Definitions. Article l, 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" - 82.4o/o 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, Monorial 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, Manorial 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) + (lCE
X=l
Mid-C Off-Peak Av& * 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 [ndex. The selected replacement index will be
consistent with other similar agreements and a commonly used index by
the electrical industry.
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Project: 21615205 Arena Drop
First Amendment - Page 2 of 3
3. Commission Approval. The obligations of the Parties under this First Amendment are
subject to the Idaho PUC's approval of this First Amendment and such approval being upheld on
appeal, if any, by a court of competent jurisdiction. The Parties will submit this First
Amendment to the Idaho PUC and recommend approval in its entirety pursuant toRP 274.
4. Effect of Amendment. Except as expressly amended by this First Amendment, the
Agreement shall rernain in full force and effect.
5. Capitalized Terms. All capitalized terms used in this First Amendment and not defined
herein shall have the same meaning as used in the Agreement.
6. 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.
7. 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 Agreernent,
and (iii) it has the requisite authority to execute this First Amendment.
8. 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.
Name:
Title:
Firm Energy Sales Agreement
Project: 21615205 Arena Drop
First Amendment - Page 3 of 3
IDAHO POWER COMPANY