20200403Application.pdf

APPLICATION FOR APPROVAL OF FIRST AMENDMENT TO ENERGY SALES AGREEMENT - 1
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 OR REJECTION OF A FIRST
AMENDMENT TO THE ENERGY SALES
AGREEMENT WITH WILLIAM ARKOOSH
FOR THE SALE AND PURCHASE OF
ELECTRIC ENERGY FROM THE LITTLE
WOOD RIVER RANCH II HYDRO
PROJECT.
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CASE NO. IPC-E-20-20

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 accepting or rejecting the First Amendment (“Amendment”) to the Energy Sales
Agreement (“ESA”) between Idaho Power and William Arkoosh (“Arkoosh” or “Seller”)
under which Arkoosh sells and Idaho Power purchases electric energy generated by the
Little Wood River Ranch II Hydro Project (Facility”) which is a PURPA Qualifying Facility.

RECEIVED
2020 April 3,PM2:11
IDAHO PUBLIC
UTILITIES COMMISSION

APPLICATION FOR APPROVAL OF FIRST AMENDMENT TO ENERGY SALES AGREEMENT - 2
In support of this Application, Idaho Power represents as follows:
I. INTRODUCTION AND BACKGROUND
1. Idaho Power and the Seller (jointly, “Parties”) entered into an ESA on April
23, 2014, for the purchase and sale of energy produced by the Facility. This ESA was
approved by the Commission in Order No. 33103, Case No. IPC-E-14-06, on August 21,
2014.
2. Section 6.2.3 of the ESA provides the Seller with the option to adjust the
monthly estimated Net Energy Amounts (“NEA”) within a specified time period. After the
execution and approval of the ESA, the Seller requested a change to the time period for
making the NEA adjustments. The Seller would like to change the NEA adjustment time
period in Section 6.2.3 so that they can make adjustments 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.
II. THE AMENDMENT
3. 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.

APPLICATION FOR APPROVAL OF FIRST AMENDMENT TO ENERGY SALES AGREEMENT - 3
a.) This revision must be submitted using the electronic
portal provided by Idaho Power if available. If the 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.

4. The Amendment to the ESA to modify the NEA adjustment period was
executed by the Parties on April 3, 2020. The Amendment does not otherwise change
any of the obligations of the Parties set forth in the ESA. A copy of the Amendment is
attached to the Application as Attachment 1 and is subject to the Commissions approval.

III. PROCEDURE
5. 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
6. 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]

APPLICATION FOR APPROVAL OF FIRST AMENDMENT TO ENERGY SALES AGREEMENT - 4
V. REQUEST FOR RELIEF
7. Idaho Power respectfully requests that the Commission issue an order: (1)
authorizing that this matter may be processed by Modified Procedure and (2) accepting
or rejecting the Amendment between Idaho Power and the Seller.

Respectfully submitted this 3rd day of April 2020.

DONOVAN E. WALKER
Attorney for Idaho Power Company

APPLICATION FOR APPROVAL OF FIRST AMENDMENT TO ENERGY SALES AGREEMENT - 5
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:

Little Wood River Ranch II
William Arkoosh
2005 Highway 25
Gooding, Idaho 83330
208-539-5443

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

________________________________
Christy Davenport, Legal Assistant

BEFORE THE

IDAHO PUBLIC UTILITIES COMMISSION

CASE NO. IPC-E-20-20

IDAHO POWER COMPANY

ATTACHMENT 1