20151207Application.pdf

DONOVAN E. WALKER
Lead Counsel
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UTILITI ES COMTIISSIOi\
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An IDACORP company
December 7,2015
VIA HAND DELIVERY
Jean D. Jewell, Secretary
ldaho Public Utilities Commission
472 West Washington Street
Boise, ldaho 83702
Re: Case No. IPC-E-15-27
Mt. Home Solar 1, LLC - Application Regarding First Amendment to
Energy SalesAgreement
Dear Ms. Jewell:
Enclosed for filing in the above matter please find an original and seven (7)
copies of ldaho Power Company's Application for Approval of the First Amendment to
the Energy Sales Agreement.
DEW:csb
Enclosures
1221 W. ldaho St. (83702)
PO. Box 70
Boise, lD 83707
Donovan E. Walker
DONOVAN E. WALKER (lSB No. 5921)
ldaho Power Company
1221\Nest ldaho Street (83702)
P.O. Box 70
Boise, ldaho 83707
Telephone: [phone]
Faqsimile: [phone]
dwalker@ idahooower. com
Attorney for Idaho Power Company
!N THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR
APPROVAL OF THE FIRST AMENDMENT
TO THE ENERGY SALES AGREEMENT
BETWEEN IDAHO POWER COMPANY
AND MOUNTAIN HOME SOLAR, LLC.
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. IPC-E-1'-27
APPLICATION FOR APPROVAL
OF THE FIRST AMENDMENT
TO THE ENERGY SALES
AGREEMENT
ldaho Power Company ("ldaho Power"), in accordance with RP 52 and the
applicable provisions of the Public Utility Regulatory Policies Act of 1978 ('PURPA"),
hereby respectfully applies to the ldaho Public Utilities Commission ("Commission") for
an order approving the First Amendment to the Energy Sales Agreement for the Mt.
Home Solar 1, LLC Project ("Amendment"), attached hereto as Attachment 1. This
Amendment was executed in order to make a change to the project name and
contracting entity identified in the Energy Sales Agreement ("ESA').
ln support of this Application, ldaho Power represents as follows:
APPLICATION FOR APPROVAL OF THE FIRST AMENDMENT TO THE ENERGY SALES AGREEMENT - 1
I. INTRODUCTION AND BACKGROUND
1. ldaho Power and Mountain Home Solar, LLC ("Selle/') entered into an
ESA on October 13, 2014, for the purchase and sale of energy produced by the
Mountain Home Solar, LLC, project ("Facility") located in Elmore County, ldaho. This
ESA was approved by the Commission in Order No. 33206 on January 8,2015, as
modified by Errata to Order No.33206 on January 9,2015, issued in Case No.
IPC-E-14-26.
2. Subsequent to the full execution and the Commission's approval of the
ESA, ldaho Power discovered that the contracting entity and project name referenced in
the ESA, Mountain Home Solar, LLC, was not the correct name of the limited liability
company filed by the contracting entity's signatory with the ldaho Secretary of State.
The correct name of the Iimited liability company on file with the ldaho Secretary of
State is Mt. Home Solar 1, LLC. A copy of the Certificate of Organization Limited
Liability Company is attached hereto as Attachment 2.
3. ldaho Power notified the Facility owner of the name discrepancy, and the
parties agreed to amend the ESA to identify the correct limited liability company and
project name, Mt. Home Solar 1, LLC, without any other changes.
4. On November 17,2015,|daho Power and Mt. Home Solar 1, LLC, entered
into the Amendment submitted herewith as Attachment 1 in order to change the
contracting entity and project name in the ESA from "Mountain Home Solar, LLC" to "Mt.
Home Solar 1, LLC."
II. THE AMENDMENT
5. The Amendment changes the name of the limited liability company
referenced on pages 1 and 33 of the ESA from "Mountain Home Solar, LLC" to "Mt.
APPLICATION FOR APPROVAL OF THE FIRST AMENDMENT TO THE ENERGY SALES AGREEMENT - 2
Home Solar 1, LLC," as that is the name of the organization on file with the ldaho
Secretary of State and represents the appropriate contracting entity for the ESA.
6. ln addition to changing the name of the limited liability company in the
ESA, this Amendment changes the project name throughout the ESA and any future
reference to the Facility from "Mountain Home Solar, LLC" to "Mt. Home Solar 1, LLC.'
7. This Amendment does not make any changes to the terms, conditions,
provisions, or pricing in the ESA executed by the parties and approved by the
Commission.
III. PROCEDURE
8. Due to the limited scope of the Amendment, Idaho Power requests that
the Commission approve the Amendment upon Staffs review and without further
process.
9. Alternatively, 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 seg.
IV. COMMUNICATIONS AND SERVICE OF PLEADINGS
10. 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@ idahopower. com
dockets@idahopower. com
Randy C. Allphin
Energy Contracts Coordinator Leader
ldaho Power Company
1221West ldaho Street
P.O. Box 70
Boise, ldaho 83707
ral lp h in@ idahopower. com
APPLICATION FOR APPROVAL OF THE FIRST AMENDMENT TO THE ENERGY SALES AGREEMENT - 3
V. REQUEST FOR RELIEF
11. ldaho Power respectfully requests that the Commission issue an order
approving the First Amendment to the Energy Sales Agreement for the Mt. Home Solar
1, LLC Project submitted herewith without change or condition.
Respectfully submitted this 7th day of December 2015.
Attorney for ldaho Power Company
APPLICATION FOR APPROVAL OF THE FIRSTAMENDMENT TO THE ENERGY SALES AGREEMENT - 4
CERTIFICATE OF SERVICE
t HEREBY CERTIFY that on the 7th day of December 20151 served a true and
correct copy of the within and foregoing APPLICATION FOR APPROVAL OF THE
FIRST AMENDMENT TO THE ENERGY SALES AGREEMENT upon the following
named parties by the method indicated below, and addressed to the following:
Hand Delivered
U.S. Mail
Overnight Mail
FAXX Email [e-mail]
_Hand DeliveredX U.S. Mai!
Overnight Mail
FAXX Emai! [e-mail]
Mt. Home Solar {, LLC
Mark van Gulik
Mt. Home Solar 1, LLC
P.O. Box 7354
Boise, ldaho 83707
Dean J. Miller
MoDEVITT & MILLER, LLP
420 West Bannock Street
P.O. Box 2564
Boise, ldaho 83701
APPLICATION FOR APPROVAL OF THE FIRST AMENDMENT TO THE ENERGY SALES AGREEMENT - 5
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
cAsE NO. IPC-E-15-27
IDAHO POWER GOMPANY
ATTACHMENT 1
FIRST AMENDMENT
TO THE
ENERGY SALES AGREEMENT
FOR THE
MT. HOME SOLAR 1, LLC PROJECT
This First Amendment of the Energy Sales Agreement ("First Amendment") is entered into
on this lZtauy of Novemb er,20l5,by and between Idaho Power Company, an Idaho corporation
("Idaho Power") and Mt. Home Solar l, LLC, an ldaho limited liability company ("Mt. Home"),
(individually a "Party" and collectively the "Parties").
WHEREAS, Idaho Power entered into the Energy Sales Agreement on October 13,2014,
(the "ESA") for the purchase and sale of energy from the (Mountain Home Solar, LLC) Project
(the "Project") with (Mountain Home Solar, LLC).
WHEREAS, the original contracting party and original project name (Mountain Home
Solar, LLC) were incorrect; and
WHEREAS, the correct contracting party and project name is Mt. Home Solar l, LLC;
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 fulI at this
point.
2. Change to Contracting Party and Project Name. The Parties agree that, as of the effective
date of this First Amendment, subject to the Idaho Public Utilities Commission's (the
"Commission") approval, that any reference in the ESA to "Mountain Home Solar, LLC" shall
hereby be amended and changed to "'Mt. Home Solar l, LLC".
3. Commission Approval. The obligations of the Parties under this First Amendment are subject
to the Commission'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 ESA shall
remain in fulI 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 ESA.
Mt. Home Solar l, LLC First Amendment Page I of2
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 ESA, and (iii)
is 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.
By:
Name:
Title:Title: Mr*r-Acr.rn-
IDAHO POWER COMP MT. HOME SOLAR 1, LLC
Name:
Mt. Home Solar 1, LLC First Amendment Page2 of2
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
GASE NO. IPC-E-15-27
IDAHO POWER COMPANY
ATTACHMENT 2
F,(ED
CERTIFICATE OF ORGANIZ/-TION
LIMITED LIABILITY COMPANY ?Blr'Jl,ll l8 il{ & lh
SE.CIIETARY OF STATE
STATE OF IDAHO
(lnstructions on back of application)
1. The name of the limited liability company is:
Mt Hom€ Sdar l, LLC
2. The oompleb street and mailirg addresses of the initialdesignated office:
1800 Notfi 17fi Strosl, Bdsc, Haho &t7gz
(S0od Addr€ss)
PO Box 7354, Bobo, ldaho 83707
(MaiflE AddrEss. if dlm].r'rt tlan tt€sr addrr6c)
3. The name and compleE street addrass of the registercd agent:
Sunergy World, !nc.lgr0 t{orh lAh Street, Bolee, ldaho 8ts7$z
(Slrcal Atffisrs)
4. The name and address of at least one member or manager of the limited liabilig
company:
!.trc
SunergyWorH, !nc.
ArUs!
1800 Norft 17tr Strset, Boisa, Eaho 89702
Mailing address br future conespondence (annual report notices):
PO Bo:( 7354, Bois. ldaho fr,70.7
6. Future effective date of filing (optional):
Signature of a managet member or authorized
person.
Signature
Typed Name:
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