20200403Application.pdf

DONOVAN E. WALKER (ISB No. 5921)
Idaho Power Company
1221 West Idaho Street (83702)
P.O. Box 70
Boise, Idaho 83707
Telephone: [phone]
Facsimile: [phone]
[e-mail]

Attorney for Idaho Power Company

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR
APPROVAL OF THE FIRST AMENDMENT
TO THE BLIND CANYON HYDRO
PROJECT.
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CASE NO. IPC-E-20-18

APPLICATION FOR APPROVAL
OF FIRST AMENDMENT TO
ENERGY SALES AGREEMENT

Idaho Power Company (“Idaho 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 Idaho Public Utilities Commission (“Commission”) for
an order approving the First Amendment to the Energy Sales Agreement for the Blind
Canyon hydro (“Blind Canyon”) project (“Amendment”) between Idaho Power and a
PURPA qualifying facility (“QF”), dated March 26, 2020, filed herewith as Attachment 1.
This Amendment deletes and replaces Section 6.2.3 of the Energy Sales Agreement
(“ESA”), which addresses Seller’s Adjustment of Estimated Net Energy Amounts.

RECEIVED
2020 April 3,AM9:21
IDAHO PUBLIC
UTILITIES COMMISSION

In support of this Application, Idaho Power represents as follows:
I. INTRODUCTION AND BACKGROUND
1. Idaho Power and Blind Canyon Aquaranch Inc. (jointly, “Parties”) entered
into an ESA on October 31, 2014, for the purchase and sale of energy produced by Blind
Canyon, a QF hydro generation facility (“Facility”) located near Buhl, Idaho. This ESA
was approved by the Commission in Order No. 33191, Case No. IPC-E-14-39, on
December 15, 2014.
2. The ESA contains provisions providing for Seller’s Adjustment of Estimated
Net Energy Amounts in Section 6.2.3. After the execution and approval of the ESA, Blind
Canyon requested to change these notification requirements from the monthly schedule
as set forth in Section 6.2.3 to a monthly schedule structured around providing notice by
the 25th day of the preceding month in which a change is requested, similar to other such
25th day of the month provisions previously approved by the Commission.
3. The Parties agreed to amend the ESA in order to adjust the notification
requirements for Seller’s Adjustment of Estimated Net Energy Amounts. The Amendment
does not otherwise change any of the obligations of the Parties set forth in the ESA.
II. THE AMENDMENT
4. The Amendment provides for the deletion of Section 6.2.3, Seller’s
Adjustment of Estimated Net Energy Amounts After the Operation Date, and replaces it
with a new Section 6.2.3 set forth in the Amendment as follows:
6.2.3 Seller’s Adjustment of Estimated Net Energy Amounts
After the Operation Date – After the Operation Date, the Seller
may revise any future monthly Estimated Net Energy
Amounts by providing written notice no later than 5 PM
Mountain Standard time on the 25th day of the month that is
prior to the month to be revised. If the 25th day of the month
falls on a weekend or holiday, then written notice must be
received on the last business day prior to the 25th day of the

month. For example, if the Seller would like to revise the
Estimated Net Energy Amount for October, they would need
to submit a revised schedule no later than September 25th or
the last business day prior to September 25th.

a.) This revision must be submitted using the electronic
portal provided by Idaho Power if available. If portal is not
available, then written notice must be provided to
Idaho Power by electronic notice (electronic mail) as agreed
to by both parties.

b.) If the Seller does not update the electronic portal or
provide written notice of changes to the Estimated Net
Energy Amounts, then it will be deemed to be an election of
no change from the most recently provided monthly
Estimated Net Energy Amounts. Idaho Power is unable to
accept any requested changes to the Estimated Net Energy
Amounts if the date and time that Idaho Power receives the
requested change is after the deadline.

5. The Amendment is subject to the Commission’s approval. All other terms
and conditions of the ESA remain in full force and effect.
III. PROCEDURE
6. Idaho 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, et 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 Energy Contracts
Lead Counsel Idaho Power Company
Idaho Power Company 1221 West Idaho Street (83702)
1221 West Idaho Street (83702) P.O. Box 70
P.O. Box 70 Boise, Idaho 83707
Boise, Idaho 83707 [e-mail]
[e-mail]
[e-mail]

V. REQUEST FOR RELIEF
8. Idaho Power respectfully requests that the Commission issue an order
accepting the First Amendment to the Energy Sales Agreement submitted herewith
without change or condition.
Respectfully submitted this 3rd day of April 2020.

DONOVAN E. WALKER
Attorney for Idaho Power Company

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 3rd day of April 2020 I served a true and correct
copy of the within and foregoing APPLICATION FOR APPROVAL OF FIRST
AMENDMENT TO ENERGY SALES AGREEMENT upon the following named parties by
the method indicated below, and addressed to the following:

Blind Canyon Hydro Project
Pat Windes
2757 S. 1050 E.
Hagerman, ID 83332
208-536-2566

Hand Delivered
X U.S. Mail
Overnight Mail
FAX
X Email [e-mail]

_____________________________
Christy Davenport, Legal Assistant

BEFORE THE

IDAHO PUBLIC UTILITIES COMMISSION

CASE NO. IPC-E-20-18

IDAHO POWER COMPANY

ATTACHMENT 1