20201211Application.pdf

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DONOVAN E. WALKER
Lead Counsel
[e-mail]

December 11, 2020

VIA ELECTRONIC MAIL

Jan Noriyuki, Secretary
Idaho Public Utilities Commission
11331 West Chinden Blvd., Building 8
Suite 201-A
Boise, Idaho 83714

Re: Case No. IPC-E-20-38
Idaho Power Company’s Application Regarding the Second Amendment to
the Energy Sales Agreement with ID Solar 1, LLC

Dear Ms. Noriyuki:

Attached for electronic filing is Idaho Power Company’s Application in the above
entitled matter. If you have any questions about the attached documents, please do not
hesitate to contact me.

Very truly yours,
Donovan E. Walker

DEW:cld
Enclosures
RECEIVED
2020December 11, AM11:18
IDAHO PUBLIC
UTILITIES COMMISSION
APPLICATION – 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
SECOND AMENDMENT TO THE ENERGY
SALES AGREEMENT FOR THE SALE AND
PURCHASE OF ELECTRIC ENERGY WITH
ID SOLAR 1, LLC.
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CASE NO. IPC-E-20-38

APPLICATION FOR APPROVAL
OF SECOND 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 Second Amendment (“Amendment”) to the Energy
Sales Agreement (“ESA”) between Idaho Power and ID Solar 1, LLC (“Seller”) under
which Seller sells and Idaho Power purchases electric energy generated by the 40 MW
ID Solar 1 project (“Facility”) which is a PURPA Qualifying Facility.

APPLICATION – 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 July
17, 2014, for the purchase and sale of energy produced by the Facility. This ESA was
approved by the Commission in Order No. 33180, Case No. IPC-E-14-20, on November
14, 2014. Parties entered into a First Amendment to the ESA on August 8, 2016, that
described the Assignment and Assumption Agreement whereby Boise City Solar, LLC
was assigned and transferred to ID Solar 1, LLC, and the Project Name was changed
from Boise City Solar, LLC to ID Solar 1, LLC. The IPUC approved the Amendment in
Case No. IPC-E-16-20 with Order No. 33596 issued on September 14, 2016.
2. Section 6.2.2 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 6.2.2 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 6.2.2, Seller’s
Adjustment of Estimated Net Energy Amounts After the Operation Date, and replaces it
with a new Section 6.2.2 set forth in the Amendment as follows:
6.2.2 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
APPLICATION – 3
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 the electronic 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. Except as
otherwise provided in this Agreement, 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 November 25, 2020, and December 4, 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 this Application as Attachment 1 and is subject to
the Commission’s 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:
APPLICATION – 4
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
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 11th day of December 2020.

DONOVAN E. WALKER
Attorney for Idaho Power Company

APPLICATION – 5
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 11th day of December 2020 I served a true and
correct copy of the within and foregoing APPLICATION FOR APPROVAL OF SECOND
AMENDMENT TO ENERGY SALES AGREEMENT upon the following named parties by
the method indicated below, and addressed to the following:

Yutaka Yanase
S POWER
ID Solar 1, LLC
2180 South 1300 East, Suite 600
Salt Lake City, UT 84106
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-20-38

IDAHO POWER COMPANY

ATTACHMENT 1