20160914final_order_no_33596.pdf

Office of the Secretary
Service Date
September 14, 2016
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF IDAHO POWER COMPANY TO ) CASE NO. IPC-E-16-20
APPROVE THE FIRST AMENDMENT TO )
THE ENERGY SALES AGREEMENT WITH ) ORDER NO. 33596
_B_O_IS_E_C_I_T_Y_S_O_L_A_R~''-L_L_C _______ )
On September 1, 2016, Idaho Power Company filed an Application seeking approval
of the First Amendment to its Energy Sales Agreement (ESA) with Boise City Solar, LLC. The
ESA falls under the Public Utility Regulatory Policies Act of 1978 (PURP A), and is a contract
for the sale and purchase of electric energy generated by the Boise City Solar Project, a PURPA
qualifying facility (QF). The Amendment changes the QF's name in the ESA, corrects a
typographical error in Article 7.4 of the ESA, and updates Appendix B to the ESA with corrected
information. Idaho Power asked that the Commission approve its Application upon Staff's
review and without further process. Application at 4.
BACKGROUND
The Commission approved Idaho Power's Agreement with Boise City Solar, LLC in
2014. Order No. 33180. In 2015, the parties to the ESA executed an Assignment and
Assumption Agreement, whereby Boise City Solar, LLC was assigned and transferred to ID
Solar 1, LLC. Application at 2. ID Solar 1, LLC wishes to change the project/QF's name, as set
forth in the ESA, from "Boise City Solar, LLC" to "ID Solar l ." Id.
The parties have identified a typographical error in the ESA, in which the word
"Percentage" was omitted from the second sentence of Article 7.4, which should read "Pricing
Adjustment Percentage." Id. The parties also agree that the ESA's Appendix B has incorrect
and outdated facility description information. Id.
PROPOSED AMENDMENT
The proposed Amendment changes the name of the project/QF to "ID Solar 1," to
reflect that Boise City Solar, LLC was assigned and transferred to ID Solar 1, LLC. Id. at 2-3.
In addition, the Amendment corrects the second sentence of Article 7.4 to properly read "Pricing
Adjustment Percentage," where the word "Percentage" was inadvertently omitted. Id. at 3.
Also, since the ESA was approved, the QF's physical characteristics, including its
"configuration, design, ... construction of the Facility, [ and] its location" were changed. Id.
ORDER NO. 33596
The changes include that the facility was constructed as a 40 MWac (megawatts converted to
alternating current) single axis tracking system, rather than a 39.989 MWac dual axis tracking
system, as described in the original ESA. Id. According to the Application, the "modified
nameplate capacity of 40 MWac is consistent with the Generator Interconnection Agreement."
Id. Further, "the change to a single axis tracking system provides no change to the performance
requirements of the ESA." Id.
The proposed Amendment deletes the original Appendix B in its entirety, and
replaces it with "Replacement Appendix B," which includes updated and corrected information.
Id. at 3-4. None of the proposed changes alter the contracting parties' obligations, nor the terms
and conditions of the ESA. Id. at 4.
STAFF RECOMMENDATION
Given the limited scope of the amendment, and finding the proposed changes
appropriate, Staff recommended that the Application be approved without further process.
DISCUSSION AND FINDINGS
We find that the proposed Amendment is appropriate, given the changes to the project
since we first approved the ESA. Further, we find it appropriate to approve the Application
without further process, and thus approve the Amendment as proposed.
ORDER
IT IS HEREBY ORDERED that Idaho Power's Application to approve the First
Amendment to its Energy Sales Agreement with Boise City Solar, LLC -now ID Solar 1, LLC
is approved without change or condition.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7)
days after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. See Idaho Code § 61-626.
ORDER NO. 33596 2
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of September 2016.
ATTEST:
Jean D. Jewell
Cbmmission S~~retary
O:IPC-E-l 6-20_djh
ORDER NO. 33596
PA
ER
ERIC ANDERSON, COMMISSIONER
3