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Home My WebLink About20160429Application.pdf3Iffi*. Apri! 28, 2016 VIA HAND DELIVERY Jean D. Jewell, Secretary ldaho Public Utilities Commission 472 West Washington Street Boise, ldaho 83702 Re: Case No. IPC-E-16-10 Riverside lnvestments l, LLC (Arena 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 SalesAgreement. DEW:csb Enclosures RECEIVED h-ovan E. Walker 1221 W. ldaho 5t. (83702) PO. Box 70 Boise. lD 83707 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. REC E IVED 2016 Affi 28 PH lr: 38 '.t I_l: i,4i ..: .:..-i -rrra, l-.iv ,-' ii,l l,',.'-io''ii-ilssl0I'l BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION CASE NO. IPC-E-16-10 APPLICATION FOR APPROVAL OF THE SECOND AMENDMENT TO THE ENERGY SALES AGREEMENT Idaho 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 l, 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 - 1 I. INTRODUCTION AND BACKGROUND 1. ldaho Power and Riverside lnvestments, LLC, entered into an ESA on March 8,2010, for the purchase and sale of energy produced by the Arena Drop Hydro Project located in Canyon County, ldaho. This ESA was approved by the Commission in Order No. 31060 on Apri122,2010. 2. ldaho 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 I, 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 liability 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 ldaho 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 rallph in@ 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 April 2016. APPLICATION FOR APPROVAL OF THE SECOND AMENDMENT TO THE ENERGY SALES AGREEMENT - 3 Attorney for ldaho 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 !, LLC 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 83702-6007 APPLICATION FOR APPROVAL OF THE SECOND AMENDMENT TO THE ENERGY SALES AGREEMENT - 4 FAX Email dennis@rsicorp.net Hand Delivered Hand DeliveredX U.S. Mail _Overnight Mail X U.S. Mail _Overnight Mail FAX Email lance@salladaylaw.com BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION GASE NO. !PC-E-l6-10 IDAHO POWER COMPANY ATTACHMENT 1 SECOND AMENDMENT TO THE ENERGY SALES AGREEMENT BETWEEN IDAHO POWER COMPANY AND RIVERSIDE INVESTMENTS I, LLC FOR THE ARENA DROP HYDRO PITOJECT This Second Amencimenr of the Energy Saies Agreement ("Secoird Amendr-rrent") is entered into on this /7 day of March, 2016by and between Idaho Porner Company, an Idaho corporation ("Idaho Power") and Riverside Investments I, LLC, an Idaho limited liability company ("Riverside"), (individually a "Party" and collectively the "Parties"). WHEREAS, Idaho Power entered into the Energy Sales Agreement on March 8, 2010, (the "ESA") for the purchase and sale of energy from the Arena Drop Hydro Project (the "Project") with (Riverside Investments, LLC). WHEIiEAS" Idaho Porvel entered into a First Amenciment to the ESA on October 2,2074 r,vith lRiverside Investments, LLC) to arnend tire detinition of \4id-Coh"rmbia Market Energy Cost. WFIEREAS, the original contracting Part,v's registered corporate name (Riverside inlestments, 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 which are hereby acknowledged, and intending to be legally bound, the Parlies 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 etl-ective date of this Second Amendment. subject to the Idaho Public Utilities Cornmission's (the ''Commission") approval, that any reference in the ESA to "Riverside Investments, LLC" shall hereby be amended and changed to "Riverside Investments I" LLC". 3. Commission Approval. Tlie obligations of the Parties uucler this Second Amendment are subject to the Commission's approval of this Second Amendment and such approval being Fim Energy Sales Agreement Project: 21615205 Arena Drop Second Arnendment 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. Effect of Amendment. Except as expresslS, amended b1' this Second Amendurent, the ESA shall remain in tull fbrce 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 Arnendment shall be binding upon and inure to the benefit of the Parties hereto. and their respective heirs. executors. aclministrators. sr-rccessors" and assigns. nto are obligated to take an-v actior-r r,r'hich mal,be necessarv or proper to camy out the purpose and intent thereof. 7. Authoritl'. l3ach Party represents and warrants that (i) it is validly existing and in good standing ir-r the state in which it is organized, (ii) it is the proper pafiy to amend the ESA. and (iii) is has the requisite authority to execute this Second Amendment. 8. Counterparts. This Second Amendment ma1' be executed ir-r an1 nurnber of counterpafis, cach of u,hich shall be deemed an original and all of which taken together shall constitute a single instruilent. ll.n V\rIT\IESS WHEREOF. the Parties hereto have caused this Second Amendmenl to be duiy executecl as of the date above vl'ritten. IDAHO POWER C PANY t0* Name: \ A:i5 iOi rR Firm Energy Sales Agreement Project: 21615205 Arena Drop Second Amendment Name: f' 1,, 0nf,t'a4 rirte: /ul tfrurFhq RIVERSIDE Page2 of2