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Home My WebLink About20160429Application.pdf[T,ECEIVED 2016 IPR 28 PH h: 3? r ri.r l/\i1i.1.ii ; r,i;::Litv '" "",', i,,i r;cirilqtSSi0N SIffi*. An IDACORP Company DONOVAN E, WALKER Lead Counsel dwal ker@idahopower.com April 28, 2016 VIA HAND DELIVERY Jean D. Jewell, Secretary ldaho Public Utilities Commission 47 2 W est Wash i n gto n Street Boise, ldaho 83702 Re: Case No. IPC-E-16-09 Riverside lnvestments l, LLC (Fargo Drop Hydro Project) - Application for Approval of the Second Amendment to the Energy Sales Agreement 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 Second Amendment to the Energy Sales Agreement. DEW:csb Enclosures '122'l W. ldaho 5t. (83702) PO. Box 70 Boise, lD 83707 onovan E. Walker DONOVAN E. WALKER (lSB No. 5921) ldaho Power Company 1221West ldaho Street (83702) P.O. Box 70 Boise, ldaho 83707 Telephone: (208) 388-5317 Facsimile: (208) 388-6936 dwalker@ idahopower. com Attorney for ldaho Power Company IN THE MATTER OF THE APPLICATION OF IDAHO POWER COMPANY FOR APPROVAL OF THE SECOND AMENDMENT TO THE ENERGY SALES AGREEMENT BETWEEN IDAHO POWER COMPANY AND RIVERSIDE INVESTMENTS I, LLC. RECE IVE D 2015 itPR 28 PH lr: 37 , ,l r. r r,'\ii., '.f , r i"LJ:,LlU r : ;l i i[5 r,'O]'tfullSSlCN BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION CASE NO. !PC-E-16-09 APPLICATION FOR APPROVAL OF THE SECOND 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 Second Amendment to the Energy Sales Agreement between ldaho Power Company and Riverside lnvestments !, LLC ("Second Amendment"), attached hereto as Attachment 1. This Second Amendment is to correct the contracting entity in the Energy Sales Agreement ("ESA'). ln support of this Application, ldaho Power represents as fo!!ows: APPLICATION FOR APPROVAL OF THE SECOND AMENDMENT TO THE ENERGY SALES AGREEMENT - ,I I. INTRODUCTION AND BACKGROUND 1. ldaho Power and Riverside lnvestments, LLC, entered into an ESA on December 1, 2011, for the purchase and sale of energy produced by the Fargo Drop Hydro Project located near Homedale, ldaho. This ESA was approved by the Commission in Order No. 32451 on February'1,2012. 2. Idaho Power and Riverside lnvestments, LLC, entered into a First Amendment to the ESA on October 2, 2014, in order to amend the definition of Mid- Columbia Market Energy Cost. The First Amendment was approved by the Commission in Order No. 33184 on November 21,2014. 3. Subsequent to the full execution and Commission approval of the ESA, it was discovered that the contracting entity referenced in the ESA, Riverside lnvestments, 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 limited liability company on file with the ldaho Secretary of State is Riverside lnvestments l, LLC. II. THE AMENDMENT 4. On March 17,2016, ldaho Power and Riverside lnvestments l, LLC, entered into this Second Amendment to change the contracting entity in the ESA from "Riverside lnvestments, LLC" to "Riverside lnvestments l, LLC." The limited Iiability company is referenced on pages 1, 28, and 30 of the ESA and on pages 1 and 3 of the First Amendment. 5. This Second Amendment does not change the terms, conditions, provisions, or pricing in the ESA as executed by the parties and approved by the Commission. APPLICATION FOR APPROVAL OF THE SECOND AMENDMENT TO THE ENERGY SALES AGREEMENT - 2 III. PROCEDURE 6. Due to the limited scope of the Second Amendment, ldaho Power requests that the Commission approve the proposed Second Amendment upon review and without further process. 7. 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 8. 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 Randy C. Allphin Regulatory Dockets Idaho Power Company 1221West ldaho Street P.O. Box 70 Boise, ldaho 83707 dwalker@idahopower.com dockets@idahopower. com Energy Contracts Leader ldaho Power Company 1221West ldaho Street P.O. Box 70 Boise, ldaho 83707 rallphin@idahopower.com V. REQUEST FOR RELIEF 9. ldaho Power respectfully requests that the Commission issue an order accepting the Second Amendment to the ESA submitted herewith without change or condition. Respectfully submitted this 28th day of Apri APPLICATION FOR APPROVAL OF THE SECOND AMENDMENT TO THE ENERGY SALES AGREEMENT - 3 Attorney for Idaho Power Company CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 28th day of April 2016 I served a true and correct copy of the within and foregoing APPLICATION FOR APPROVAL OF THE SECOND AMENDMENT TO THE ENERGY SALES AGREEMENT upon the following named parties by the method indicated below, and addressed to the following: Riverside lnvestments I, LLG Dennis Daugherty Riverside lnvestments l, LLC P.O. Box 328 Adrian, Oregon 97901 G. Lance Salladay Attorney and Counselor at Law 200 North 4th Street, Suite 20 Boise, ldaho 837 02-6007 APPLICATION FOR APPROVAL OF THE SECOND AMENDMENT TO THE ENERGY SALES AGREEMENT - 4 Hand DeliveredX U.S. Mai! Overnight Mail FAX Email dennis@rsicorp.net Hand DeliveredX U.S. Mail Overnight Mail FAX Email lance@salladavlaw.com /, \ 'L/ L* \ \rr$r,, f ,r(i r.or Christa Bearry, LegalAssistafi '\ ) BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION GASE NO. IPC-E-16-09 IDAHO POWER COMPANY ATTACHMENT 1 SECOND AMENDMENT TO THE ENERGY SALES AGREEMENT BETWEEN IDAHO POWER COMPANY AND RIVERSIDE INVESTMENTS I, LLC FOR THE FARGO DROP HYDRO PROJECT This Second Arnendment of the Energy Sales Agreement ("Seconci Amendment") is entered into on this /? day of March, 2016 by and between Idaho Power Company, an Idaho corporation ("Idaho Power") and Riverside Investments I, LLC, an Idaho limited liability company ("Riverside"), (individually a'oParty" and collectively the "Parties"). WHEREAS, Idaho Power entered into the Energy Sales Agreement on December 1, 2011, (the "ESA") for the purchase and sale of energy from the Fargo Drop Hydro Project (the "Project") with (Riverside Investments, LLC). WHEREAS, Idaho Power entered into a First Amendment to the ESA on October 2,2014 with (Riverside Investments, LLC) to amend the deirnition of Mid-Columbia Market Energy Cost. WHEREAS, the original contracting Party's registered corporate name (Riverside Investments, LLC) has been changed to Riverside Investments I, LLC, with no change to the ownership or control of assets; NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and adequacy of rvhich are hereby acknowledged, and intending to be legally bound, the Parties hereto agree as follows: 1. Incorporation of Recitals. The above-stated recitals are incorporated into and made a part of this Agreement by this reference to the same extent as if these recitals were set forth in full at this point. 2. Change to Contracting Party. The Parties agree that, as of the effective date of this Second Amendment, subject to the Idaho Public Utilities Commission's (the "Commission") approval, that any ref-erence in the ESA to "Riverside Investments, LLO" shall hereby be amended and changed to "Riverside Investments I, LLC". 3. Commission Approval. The obligations of sudect to the Commission's approval of this Firm Energy Sales Agreement Project: 21615215 Fargo Drop Second Amendment the Parties under this Second Amendment are Second Amendment and such approval being Page 1 of2 upheld on appeal, if any, by a court of competent jurisdiction. The Parties will submit this Second Amendment to the Idaho PUC and recommend approval in its entirety pursuant to RP 274. 4. Bffect of Amendment. Except as expressly amended by this Second Amendment, the ESA shall remain in full force and effect. 5. Capitalized Terms. All capitalized terms used in this Second Amendment and not defined herein shall have the same meaning as used in the ESA. 6. Scope of Amendment. This Second Amendment shall be binding upon and inure to the benefit of the Parties hereto, and their respective heirs, executors, administrators, successors, and assigns, who are obligated to take any action which may be necessary or proper to carry out the purpose and intent thereof. 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 Second Amendment. 8. Counterparts. This Second Amendment may be executed in any number of counterparts, each of which shall be deemed an original and all of which taken together shall constitute a single instrument. IN WITNESS WHEREOF', the Parties hereto have caused this Second Amendment to be duly executed as of the date above written. PANY Name: Title: €SSi Firm Energy Sales Agreement Project: 21615215 Fargo Drop Second Amendment Name:f'-'0' rite: ftl futf7rt /! Page2 of2