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HomeMy WebLinkAbout20210623Application.pdfftHH. An IDACORP Companv LISA D. NORDSTROT' Lead Counsel LDN:sh Attachments June 23,2021 VIA ELECTRONIC FILING Jan Noriyuki, Secretiary ldaho Public Utilities Commission 11331 VVest Chinden Blvd., Building 8 Suite 201-A Boise, ldaho 83714 Re: Case No. IPG-E-21-20 ln the Matter of the Application of ldaho Power Company for Approval of its 2021 Service Agreement with the United States Department of Energy Dear Ms. Noriyuki: Attached for electronic filing, pursuant to Order No. 35058, is ldaho Power Company's Application in the above entitled matter. lf you have any questions aboutthe attached documents, please do not hesitate to contast me. Very truly yours, X*!fl"*+r,.*, Lisa D. Nordstrom LISA D. NORDSTROM (lSB No. 5733) ldaho Pourer Company 1221 West ldaho Street (83702) P.O. Box 70 Boise, ldaho 83707 Telephone: (208) 388-5825 Facsimile: (208) 388€936 lnordstrom@ idahopower. com Attorney for ldaho Porver Company BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF IDAHO POWER COMPANY FOR APPROVAL OF ITS 2021 SERVICE AGREEMENT WTH THE UNITED STATES DEPARTMENT OF ENERGY. cAsE NO. IPC-E-21-20 APPLICATION COMES NOW ldaho Power Company ('ldaho Poyver' or 'Company') and pursuant to ldaho Code SS 61-501,502, and 503 and RP 52, hereby respec'tfl,rlly submits this Application to the ldaho Public Utilitiee Commission ('Commission") for an Order approving an electric service agreement betyveen ldaho Porer and the United States Departnent of Energy ('DOE') to become eftctive September 15, 2021. The Company is not requesting a change to DOE's rates at this time. lf additional time is needed to process this filing, ldaho Power requests the Commission approve an extension of the expiring special contract that was previously approved in Order No. 33621 untilsuctr time as the Commission approves a new service agreement. ) ) ) ) ) ) APPLICATION - 1 I. BACKGROUND 1. DOE, through its ldaho Operations Office, operates the facilities at the ldaho National Laboratory ("lNL) site located approximately 50 miles west of ldaho Falls, ldaho. ldaho Power has supplied electric service to the DOE and its predecessors since 1950 and currently serves DOE under a special contract in accordance with the rates and charges set out in Electric Service Rate Schedule 30 ("Schedule 30") and its suooessor schedules. 2. The current special contract between ldaho Power and DOE was approved by the Commission by Order No. 33621 issued in Case No. IPC-E-16-18 ("2016 Agreement'). The five-year term of the 2016 Agreement is effective through September 14,2021 . 3. Like most companies that contract with the federal government, an overarching U.S. General Services Administration ("GSA") Areawide Contract govems business interactions between the federal government and ldaho Power. ldaho Power and DOE have successfully negotiated the terms and conditions of a new Authorization for Elestric Service to the GSA that comprises lhe 2021 electric service agreement ("2021Agreement') - also known as a "specia! contract.' II. 2021 AGREEMENT 4. Key terms of the 2021 Agr*ment, which is enclosed as Attachment 1 to this Application, are described below. 5. Services to be Provided bv ldaho Power throuoh Calendar Year 2024. ldaho Power will furnish to DOE its requirements for all electric power, which DOE may request in accordance with the terms of the 2021 Agreement. The Company agrees to APPLICATION .2 provide DOE with up to 65,000 kilowatts ("kW') monthly for the operation of the facilities at the INL site through the calendar year 2024. DOE may request additional power requirements in excess of 65,000 kW per month for the INL site with eighteen (18) months' written notice in advance of the first day of the month DOE desires the additional power requirements be made available; provided, however, that ldaho Power shall have sole discretion to grant or deny any requests by DOE for additional power requirements in excess of 65,000 kW per month. ln exercising that discretion, the Company will take into account its obligation to provide reliable and cost-effective electric service for all customers, including lNL, and reply in the manner set forth in Section 2.1 of the 2O2l Agreement. 6. Services to be Provided bv ldaho Power after Calendar Year 2024. !n addition, the Parties agree to engage in good faith negotiations to determine new rates, conditions, and charges for INL's anticipated increase in power requirements estimated to occur in 2025 and beyond. Rates, rate structures, and charges will be subject to change and may include the introduction of new charges related to adjustments in INL's requirements as approved by the Commission. Each party reserves the right to present any position in a proceeding before the Commission regarding the reasonableness of the rates, conditions, and charges for electric power and energy to be supplied to lNL. 7. Deliverv of Electric Service. Under the 2021Agreement, ldaho Power will supply three-phase, 60 hertz alternating current at normal 138,000 volts, with a maximum steady state variation of plus or minus 5 percent under normal system conditions via the two existing interconnection lines between the Antelope substation and DOE's Scoville substation. The Point of Delivery of the electric power supplied by APPLICATION.3 the Company to DOE will be at the Point of Interconnection with DOE's slack spans, located at DOE's Scoville substration. 8. Forecast of Demand. Upon execution of the 2021 Agreement, and on each May 1 thereafter, DOE will provide ldaho Power with DOE's forecast of demand and energy expected to be actually supplied and delivered by ldaho Power for each month during the next 16 months together with a brecast of the annual firm power load requirements (demand and energy) expected to be supplied by ldaho Power for a forecasted ten (10) year period. ln addition, DOE will provide the Company in advance with information as to conditions affecting DOE's load requirements neoessary for ldaho Power in load dispatching and in planning of power system operation, prompt notice of any abnormal system operating conditions, as well as all known or anticipated increases or decreases in DOE's power requirements other than normal load growth. 9, On-Site Generation. DOE reserves the right to install and operate generation at the INL site to offset all or part of DOE's energy usage consistent with applicable Commission approved rules and rate schedules. Pursuant to Section 2.1 ot the 2021 Agrcement, such generation may require modification to INL's rates, rate structure, and applicable charges. 10. Contract Charges to be Paid to ldaho Power. DOE agrees to pay the Company the monthly rate charges shown in Schedule 30, which is enclosed as Attachment 2 to this Application, fur the firm retail service of electric por,r,er and energy to DOE at the INL site. The revised schedule includes modifications to the contract number and effective date. All other elements of the schedule remain unchanged. To allow for more flexible rate design and for consistency with other large special contract APPLICATION -4 customers, the 2021 Agreement contains the ability fur ldaho Power to assess a contract demand charge, which, if charged, will be contained in Schedule 30. Additionally, ldaho Power reserves the right to revise !NL's rates, rate structures, or charges based on any INL notification of increase or decrease to Contrad Demand subjec't to Commission approval. 11. Term. The term of the 2021 Agreement oommenoes on September 15, 2021, and concludes on September 14,2031, subiect to Commission acceptane and approval. DOE has the right to terminate lhe202l Agreement on eighteen (18) months' advance written notice to ldaho Power, subject to certain termination charges outlined in Section 6 of the 2021 Agreement. 12. Commission Jurisdic'tion. As set furth in Section 10, the 2021 igreement is expressly subject to, and shall become eftctive upon, approva! of the Commission of all terms and provisions without change or condition. To the extent allowed under federal law, the 2021 Agr*ment shall be subject to the Company's General Rules and Reguhtions as now or hereafter in efiect and on file with the Commission and to the jurisdiction and regulatory authority of the Gommission. III. RECOUTENDED PROCEDURE 13. ldaho Power asserts that a technical hearing is not neoessary 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 el seg. APPLICATION. s IV. COM]I,IUNICATIONS AND SERVICE OF PLEADINGS 14. Communications and service of pleadings, exhibits, orders, and other documents relating to this proceeding should be served on the folloring: Lisa D. Nordstrom Lead Counsel ldaho Power Company P.O. Box 70 Boise, ldaho 83707 LNordstrom@ ida hooower. com dockets@ idahooower.com Alison \Mlliams Regulatory Policy & Strategy Advisor ldaho Power Company P.O. Box 70 Boise, Idaho 83707 A\MI I ia ms@ idahooower. com V. REOUEST FOR RELIEF NOW THEREFORE, based on the foregoing, ldaho Power hereby requests that the Commission issue an order approving the 2021 Agreement for electric service between ldaho Power and the United Strates Department of Energy prior to September 14,2021, the date upon which the 2016 Agreement expires. lf additional time is needed to process this filing, ldaho Power requests the Commission approve an extension of the expiring special contract approved in Order No. 33621 until such time as a new agreement is approved. DATED at Boise, ldaho, this 23d day of June 2021. X* !.7(^1.t..*, LISA D. NORDSTROM Attorney for ldaho Power Company APPLICATION.6 CERTIFIGATE OF SERVICE I HEREBY CERTIFY that on this 23d day of June 2021 I served a true and conect copy of the within and foregoing APPLICATION upon the following named parties by the method indicated below, and addressed to the following: Unibd Stabs [lepartment of Energy T. Wayne Hillebrant, Contracting Offcer Contrast Management Division U.S. Department of Energy ldaho Operations Ofiie 1955 FremontAvenue ldaho Falls, ldaho 83415 Unitsd Stabs [lepartment of Energy Trevor Bluth U.S. Department of Energy 1955 FremontAvenue ldaho Falls, ldaho 83415 United States [lepartnent of Energy Craig Richins, Contracting Ofricer Gontract Management Division U.S. Department of Energy ldaho Operations ffice 1955 FremontAvenue ldaho Falls, ldaho 83415 _Hand DeliveredX U.S. Mail _Ovemight Mail_FN(X Email hillebtw@ld.doe.oov _Hand DelivercdX U.S. Mail _Overnight Mail _FA)(X Email bluthtm@id.doe.qov _Hand DeliveredX U.S. Mail _Overnight Mail _FA)(X Email fichincr@id.doe.eov /"-*)^%*=_ Sandra Holmes, Legal Assistant APPLICATION.7 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION cAsE NO. IPC.E-21'.20 IDAHO POWER COMPANY ATTACHMENT NO. 1 DOE rD NO. 89243221FNE400067 ldaho Power Company AUTHORIZATION FOR ELECTRIC SERVICE, CHANGE IN ELECTRIC SERVICE, OR DISCONNECTION OF ELECTRIC SERVICE UNDER CoNTRACT NO, 47PA0420D0011 Ordering Agency: U.S. DEPT OF ENERGY IDOE). IDAHO OPERATIONS OFFICI ilD! Address: Pursuant to Contract No. 47PA0420D0011 between the Contractor and the U.5. Government and subject to all the provisions thereof, service to the U.S. Government under such contract shall be rendered or modified as hereinafter stated. contract Articles 2 and 4 shall be followed for the initiation of service under this contract. PREMISES TO BE SERVED: DOE-lD IDAHO NATIONAL LABORATORY llNll SITE FACILITIES sERVlcE ADDRESS: @!!!l]D$!!l! NATURE OF SERVICE: CONTINUATION OF ELECTRIC POWER SERVICE OTHER TERMS AND CONDITIONS: Attoch any othet relevont terms ond conditions under which service will be provided. POINT OF DELIVERY: DELIVERY TERM OF SERVICE From9lt5l2O2l through fl!r201!ISERVICE HEREUNDER SHALL BE UNDER ELECTRIC RATE SCHEDULE NO. 30(Hereinafteramendedormodifieduytne@on.seearticle3ofthiscontract.)r*ESTIMATED ANNUAL ENERGY USAGE (MWh): 2021: 220,500; 2031 455,000 **ESIIMATED DEMAND (MWl: 2021: 44.4; 203Lt 91.6 ESTIMATED ANNUAT SERVICE COST: 2021: 58,292,000; 2031: TBD (Actual costs will be in accordance with demand, usage and Commission approved rates and charges) ESTIMATED CONNECTION/SPECIAt FAclLlTlE5 CHARGE: S ACCOUNTING AND APPROPRIATION DATA FOR SERVICE: FOR CONNECTION/SPECIAL FACILITIES CHARGE: N/A N/A N/A CLAUSES INCORPORATED BY REFERENCE BILLS WILL BE RENDERED TO THE ORDERING AGENCY FOR PAYMENT AT THE FOLLOWING ADDRESS: REFER to Ts & Cs REGARDING PAYMENT. The foregoing shall be effective upon the return of the-Tilfexecuted originalTilifi6iiilli6i-E! the Contractor to the ordering Agency. ACCEPTED: cl X rv Btuth oale 2021c622 09:59:44 -06'00' Trevor M, Bluth Digitally signed by Trevor X Authorized Signature for U.S. Department o Contracting Officer Author sis nature for ldaho Power Com.. 'include a referenceto the applicable rate schedule and attach a copy ofsuch schedule. "Estimated levels subject to the T's & C's. NOTE: A fully executed copy Administration. Wash t xxs2.24L-4 Chonqe in Class of Service GEB 199il - LISIED tN GSA AREAWIDE CONTRACT 2 xx 52.241-3 Scope ond Duration ol Contruct (FEB 1995) - LISTED lN GSA AREAWIDE CONTRAC-T 3 xx 52.241.-5 CONITOCIOT'S FOCiIitiCs (FEB 199' _ LISTED IN GSA AREAWIDE CONTRACT 4 xx52.24r-7 Chonge in Rates or Terms ond Conditions of Service lor Reguloted Seruices (FEB 1995) (Use Full Text of Clouse) of this Authorization shall be transmitted by the ordering Agency to the Center for Energy Management (PLA), General Services in8ton, 0C 20407. .'OTHER TERMS AND CONDITIONS" . CONTINUATION PAGE to ExHlBlT "Au - DOE lD AUTHORIZATION No. 89243221FN8400067 UNDER GSA AREAWIDE CONTRACT NO. 47PAO42OD@11FOR ELECTRIC SERVICE IDAHO POWER COMPANYAND U.S. DOE IDAHO OPERATIONS OFFICE 1. DEFINITIONS As used herein: 1.1. "Authorization" refers to a document that details the utility services provided to DOE under the GSA Areawide Contract (see definition of GSA below). The term of the Authorization is independent of the term of the GSA. L.2. "Billing Demand" shall mean the average kilowatts (kW)supplied tothe !NLSiteduring the consecutive minute period of maximum use during the Billing Period (defined in paragraph 1.3 below), adjusted for Power Factor, as specified in Schedule 30, as measured by the Com pa ny's metering equipment. 1.3. "Billing Period" shall mean the interval between meter-readings and shall be approximately 30 days. However, electric service covering 27-35 days inclusive will be considered a normal billing period. L.4. "Commission" shall mean the ldaho Public Utilities Commission or its successor agency. 1.5. "Company" and/or "Contractor" shall mean the ldaho Power Company ("ldaho Powe/'), an ldaho corporation with its principal offices in Boise, ldaho. 1.6. "Contract Demand" shall mean the kW the Company has agreed to make available to INL as described in Section 3 of this Authorization. L.7. "Contracting Officer" shall mean a person with the authority to act on behalf of the Government to enter into, administer, and/or terminate contracts, and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer. 1.8. "DOE" and/or the "Government" shall mean the U.S. Department of Energy. 1.9. "GSA" refers to the Government Services Administration (GSA) Areawide contract, which is the master blanket contract between DOE and Company for public utility services, under which this Authorization is made, pursuant to the Federal Acquisition Regulation (FAR) 48 CFR Part 41. The GSA Areawide contract for this Authorization is identified as: GSA Areawide Contract No. 47PA0420D0011. 1.10. "Head of Agency" shall mean the Secretary, Deputy Secretary, or Under Secretary of DOE. 1.11. "lNL' or "lNL Site" shall mean the ldaho National Laboratory site located approximately fifty (50) miles west of ldaho Falls, ldaho. L.t2. "Partt/'or "Parties" to this Authorization include DOE and Company and/or Contractor. 2 1.13. "Point of Delivery" shall mean a change in ownership of electrical facilities between DOE and Company where power and energy are delivered by Company for the purposes of providing electrical service for the operations of DOE's facilities at lNL. 1.14. "Point of lnterconnection" shall mean the point of change of ownership of transmission or substation facilities. 1.15. "Power Factor" shall mean the percentage obtained by dividing the maximum demand recorded in kW by the corresponding kilovolt-ampere demand established by lN[, as measured by the Company's metering equipment. 1.15. "Prudent Utility Practices" shall mean any of the practices, methods, and acts engaged in or approved by a significant portion of the electrical utility industry, or any practices, methods, and acts which, in the exercise of reasonable judgment in light of the facts known at the time, could have been expected to accomplish the desired result at the lowest reasonable cost consistent with reliability, safety, and expedition, and the requirements of governmental agencies having jurisdiction. Prudent Utility Practices are not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to be a range of possible practices, methods, or acts. 1.17. "Rule J" shall mean the tariff rule or its successor rules on file with the Commission that address continuity, curtailment, and interruption of electric service to customers. 1.18. "Schedule 30" shall mean the tariff schedule of rate components, rates and charges, or its successor schedules on file with the Commission that contain the rates ldaho Power shall charge DOE pursuant to this Authorization. 1.19. "System" or "Facilities" shall mean the generation and transmission facilities which are owned or controlled by either Party, or which either Party may use under lease, easement, permit or license. 2. SERVICES TO BE PROVIDED BY COMPANY 2.7. ln accordance with Prudent Utility Practices, the provisions of this Authorization, and subject to Rule J, Company shallfurnish to DoE its requirements for all electric power and energy, which DOE may request in accordance with the terrns of this Authorization. Company agrees to provide DOE with up to 65,000 kW monthly for the operation of the facilities at the INL Site through calendar year 2024. DOE may request additional power requirements in excess of 65,000 kW per month for the INL Site under this Authorization. Such request must be in writing and no less than eighteen (18) months in advance of the first day of the month DOE desires the additional power requirements be made available; provided, however, that Company shall have sole discretion to grant or deny any requests by DOE for additional power requirements in excess of 55,000 kW per month. ln exercising that discretion, Company willtake into account its obligation to provide reliable and cost-effective electric service for all customers, including lNL. Such notification shall be in writing, and occur within sixty (50) days of receipt of DOE's written estimated request for additional capacity or as otherwise agreed to by the Parties. In the event the Company denies DOE's request, Company shall provide written explanation to accompany the notification. Further, the Parties agree to meet within thirty (30) days of transmittal of that 3 notification to discuss ldaho Power's decision and reasoning presented in that notification, if a meeting is requested by either Party._ln the event Company grants such request for additional power under this Authorization, the Parties agree to engage in good faith negotiations to determine the reasonable rates, conditions, and charges for such additional power requirements. ln the event Company does not grant such request for additional power requirements or Company and DOE are unable to mutually agree upon reasonable rates, terms, conditions and charges for such additional power requirements, then either Party may make a filing at the Commission, requesting that the additional power requirements be supplied pursuant to new rates, terms, and conditions. ln addition, the Parties agree to engage in good faith negotiations to determine new rates, conditions, and charges for INL's anticipated increase in power requirements estimated to occur in 2025. Rates, rate structures, and charges will be subject to change and may include the introduction of new charges related to adjustments in INL's requirements as approved by the Commission. Each party reserves the right to present any position in a proceeding before the Commission regarding the reasonableness of the rates, conditions, and charges for electric power and energy to be supplied to lNL. 2.2. Forecast of Demand, Upon execution of this Authorization and on each May 1 thereafter, DOE will provide Company with DOE's forecast of demand and energy expected to be actually supplied and delivered by Company for each month during the next 16 months together with a forecast of the annual firm power load requirements (demand and energy) expected to be supplied by Company for a forecasted ten (10) year period. Parties agree that such forecasts will reflect the most recent information available at the time of preparation and may be subject to revision. Consistent with Prudent Utility Practice, DOE will provide Company in advance with information as to conditions affecting DOE's load requirements necessary for Company in load dispatching and in planning of power system operation, including the probable times of substantial load changes, upward or downward, ln addition, DOE shall provide Company with prompt notice of any abnormal system operating conditions, as well as all known or anticipated increases or decreases in DOE's power requirements other than normal load growth. 2.3. Point of Deliverv. Electric power and energy shall be delivered by Company to DOE at the Point of lnterconnection with DOE's slack spans, located at DOE's Scoville substation. 2.4. Possession of Power. Company shal! be deemed to be in control and possession of power deliverable hereunder until Company has delivered to DOE at the Point of Delivery after which DoE shall be deemed to be in control and possession thereof. DOE will not resell any portion of the power and energy furnished under this Authorization to entities off the lNL. Nothing in this authorization shall preclude DOE from providing power and/or energy to entities on the INL and receiving reimbursement from such entities for the full cost of providing such power and/or energy. 2.5. Descriotion of Electric Service. Company shall supply three-phase, 60 hertz ("Hz"l, alternating current at normal 138,000 volts with a maximum steady state variation of plus or minus five percent (5%) under normal system conditions via the two existing interconnection lines between the Antelope substation and DOE's Scoville substation. Company will make efforts consistent with Prudent Utility Practices and within the capability of its existing system to minimize voltage level fluctuations within the normal frequency variation which is plus or minus 0.05 Hz on a 60 Hz base. 4 2.5. On-site Generatlon. DOE reserves the rlght to install and operate generatlon at the INL site to offset all or part of DOE's energy usage consistent with applicable Commission approved rules and rate schedules. Pursuant to Sectlon 2.1, such generation may require modlfication to lNfs rates, rate structure, and applicable charges. 3. CONTRACT CHARGES TO BE PAID TO COMPANY 3.1. Schedule 30 as filed by Company wlth the Commlssion, shall conuin the rate components and rates the Company shall charge DOE for services pradded puruant to the terms of this Authorization. The Partles understand and agree that Schedule 30 shall remain under the contlnuing jurisdiction of the Commission. 3.2. Schedule 30 is for the firm retail service of electrlc power and energy to DOE at the INL Site. 3.3. AdJustments to Billing Demand for Power Factor shall be determlned ln accordance wlth the conditlons set forth in Schedule 30. 3.4. Contract Demand. Under the terms of thls Authorization, DOE may request a level of Contract Demand in even increments or decrements of 500 kW up to a maximum of 55,@0 kW pursuant to the limltations descrlbed herein. The initial level of Contract Demand requested by DOE and to be supplied by the Company under the terms of this Authorizatlon ls 55,000 kW, The rates the Company shall charge DOE for Contract Demand, if any, shall be set fofth in Schedule 30. 3.5. Chanres to Contract Demand. DOE has the option to increase or decrease its Contract Demand asfollows and with the followlng condltions: 3.5.1. lncreases to Contract Demand. DOE wlll notlfy Company in wrlting of its desire to lncrease hs Contract Demand at least eighteen (181 months in advance of the flrst day of the month lt desires the addltional capaclty to be made available. The new Contract Demand amount shall be in effect for a mlnimum of slx (51 months. DOE shall not be allowed to increase its totalContract Demand by more than 15,0fl) kW in any hirelve (121 month period, wlthout the prlor wrltten approval of the Company, which wlll not be unreasonably withheld. 3.5.2. Oecreases to Contract Demand. DOE will notlfy Company ln writing that it desires to decrease its Contract Demand at least elghteen (18) months in advance of the flrst day of the month ln whlch it deslres lts decreased Contract Demand to be effuctive. The new Contract Demand amount shall be ln effect for a mlnimum of slx (6) months. DOE shall not be allowed to decrease its total Contract Demand by more than 15,0@ kW ln any twelve (12) month period, without the prlor wrtften approval of the Company, which will not be unreasonably withheld. 3.5.3. ldaho Power reserves the right to revlse lNUs rates, rate structures, or charges based on any INL notiflcatlon of increase or decrease to Contract Demand. All revislons must be reasonable and justified, and are subject to Commisslon approval. 3.5. Charses. DOE hereby agrees to pay the Company the varlous rate component monthly charges as shown in Schedule 30. 5 4. PAVMENT OF BItUi All bills or accounts owed by DOE to Company hereunder shall be due and payable at Company's general office in Boise, ldaho. DOE has assigned payment responsibilfi to its chief management and operations contractor listed below. All billings submitted under the terms of this Authorization shall be submitted to: Battelle Energy Alliance, LLC Attn: Accounts Payable P.O. Box 1625 ldaho Falls, lD 83/m1 5. ACCESS TO PREMISES Company shall have access to the INL site premises at all reasonable times with proper notice to DOE during the term of thls Authorization and at its termination for the purposes of reading meters, making installations, repairs and removal of Company owned or Company-maintained equipment, and for other proper purposes hereunder; provided, however, that proper military or other Governmental authority may limit or restrict such right of access in any manner considered by such authority to be necessary or advisable. ln having such access, Company shall abide by such health, safety, security, and other regulations of DOE as may be applicable. 6. TERMIilATION During the term of this Authorization, DOE shall have the right to terminate this Authorization in whole or in part for convenience of the Government at any time by the delivery to Company of eighteen (18) months advance wrltten notice of the effective date of termination. No termination for convenience charges shall be required in the event of termination of this Authorization for convenience of the Government lf DOE continues to receive electric service from Company under either the terms of a subsequent GSA Areawide Contract or a Commission approved rate schedule. ln all other cases, termination for convenience charges in an amount equal to the Company's estimated costs resuhing or arising from termination of this Authorization shall be paid by DOE within thlrty (30) days of the effective date of termination of this Authorization, provided such charges shall not exceed an amount of Eight Thousand, One Hundred Thirty Dollars (58,130.001 per day for each day the notice is less than eighteen (18) months whlle DOE's Contract Demand remains at 65,000 kW. Upon DOE's notification to increase or decrease Contract Demand, ldaho Power will recalculate a termlnation of servlce charge commensurate with a daily rate for the cost of advance capacity procurement to meet !NL's demand requirements. 7. LIMITATION OF TIABILITY 7.1. SUUECT TO THE PROVISIONS OF RUTE J, NEITHER PARW NOR ITS AFFIUATES WILL BE UABTE UNDERANYTHEORY OF RECOVERY, WHETHER BASED IN CONTRACT, TORT, WARRANW, OR OTHERWISE, FOR: ANY II{DIRECT, SPECIAL INCIDENTAL OR COI{SEqUENTIAL IOSS OR DAMAGE; PUNITIVE DAMAGES; LOSS OF PROFmt OR REVENUE; LOSS OF USE OF MATERIALOR EQUTPMENT; OR INCREASED COllTlt OF CAPITAL OR FUEL CO$!i; PROVIDED, HOWATER, THAT NOTHTNG tN TH|S PARAGRAPH SHALT BE CONSTRUED TO UMIT (Al DOE',S PAYMEI{T 6 oBUGATTONS TO COMPANY OR (Bl ETTHER pARTy',S LrAB[.tTy FOR GROSS NEGUGENCE OR WTTFUL MISCONDUCT. 7,2. EACH PARTY AGREES UNDER NO CIRCUMSTANCES SHATT THE TOTAT AGGREGATED TIABIUW OF THE OTHER PARW UNDER THIS AUTHORIZATION EXCEED ONE HUNDRED FIFTY PERCENT (1s0%l OF THE TOTAL AMOUNT pArD By DOE TO COMPANY UNDER THIS AUTHORIZATION DURING THE TWETVE MONTHS IMMEDIATETY PRECEDING THE DATE OF BREACH. THE IIMITATION OF LlABltlTY SET FORTH lN THIS PARAGRAPH SHAtt NOT tlMlT: (Al DOE'S PAYMENT OBLIGATIONS TO GOMPANY UNDER THIS AUTHORIZATION; OR (Bl EffHER PARW'S LIABIUW FOR GROSS NEGTIGENCE OR WlLtFUt MTSCONDUCT. 8. AMENDMENTS This Authorization may be amended at any time in writing upon mutual agreement of the Parties by submitting another Authorization under the GSA noting the amendment. 9. NOTTCES 9.1. All written notices to be given to Company under this Authorization shall be directed to: Vice President - Regulatory Affairs ldaho Power Company P. O. Box 70 Boise, ldaho 83707 9.2. All written notices to be given to DOE under this Authorization shall be directed to: Contracting Officer United States Department of Energy ldaho Operations ffice 1955 Fremont Ave. MS 1221 ldaho Falls, ldaho 83401-1221 9.3. Any notice, demand or request provided for in this Authorization or given in connection with this Authorization to either Party shall be deemed properly given or made if delivered in person or sent certified mail return receipt requested, to the officer and address designated above. Such notice will be deemed given as of the date of receipt. Either Party may amend the officer and address to which subsequent notices are to be delivered by providing notice in the manner described in this section. 9.4. lf during the term of this Authorization, Company applies to any such regulatory body for a change in rates or terms and conditions of services or in the type of services to be perforrned under this Authorization, it shall take steps to see that the Government-GSA and DOEID, receives at least the same notice of such application as is received by all other customers affected by such application. A copy of such rate filing shall be mailed by Company to DOE at the address shown above in Section 9.2 concurrently with the filing of the change in rates, terms or conditions, or type of service with the regulatory body. 7 10. MISCEL1ANEOUS 10.1. This Authorization is expressly subject to, and shall become effective upon, the approval by the Commission of all terms and provisions hereof without change or condition. To the extent allowed under Federal law, this Authorization, and the respective rights and obligations of the Parties hereunder, shall be subject to: (1) Company's General Rules and Regulations as now or hereafter in effect and on file with the Commission; and (2) to the jurisdiction and regulatory authority of the Commission and the laws of the State of ldaho. 10.2. !n the event of conflicts, inconsistencies, discrepancies, or ambiguities between or among this Authorization and the GSA, this Authorization shall take precedence over the GSA. 10.3. ln the event a lapse between GSAs occurs, the Parties agree to abide by the terms of GSA Areawide Contract No. 47PA0420UE11 until a new GSA becomes effective or the Parties negotiate a new contract. 10.4. Waivers of any right, privilege, claim, obligation, or condition shall be in writing and signed by the waiving Party. No waiver by a Party of any breach of this Authorization shall be a waiver of any preceding or succeeding breach and no waiver by a Party of any right under this Authorization shall be construed as a waiver of any other right. NOTHING FOLLOWS 8 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION cAsE NO. IPC.E-21-20 IDAHO POWER COMPANY ATTACHMENT NO.2 ldaho Power Company FifSixteenth Revised Sheet No. 30-1 Cancels |.P.U,C. No. 29. Tariff No. 101 Feurifteenth Revised Sheet No. 3G1 SCHEDULE 30 IDAHO POWER COMPANY ELECTRIC SERVICE RATE FOR UNITED STATES DEPARTMENT OF ENERGY IDAHO OPERATIONS OFFICE SPECIAL CONTRACT DATED SEPTEMBER 15.20+621 AVAILABILITY This schedule is available for firm retail service of electric power and energy delivered for the operations of the Department of Energy's facilities located at the ldaho National Engineering Laboratory site, as provided in the Contract for Electric Service between the parties. MONTHLY CHARGE The Monthly Charge is the sum of the following charges, and may also include charges as set forth in Schedule 55 (Poryer Cost Adjustment), Schedule 91 (Energy Efficiency Rider), and Schedule 95 (Adjustment for Municipal Franchise Fees). Demand Charoe, per kW of Billing Demand $8.35 2.918902. Enemv Charoe, per k\Mt SPECIAL CONDITIONS 1. Billino Demand. The Billing Demand shall be the average kW supplied during the 30- minute period of maximum use during the month. 2. Power FadorAdiustrnent. \Mren the Power Factor is less than 95 percent during the 30.' minute period of maximum load for the month, Company may adjust the measured Demand to determine the Billing Demand by multiplying the measured kW of Demand by 0.95 and dividing by the adual Power Factor. MONTHLY ANTELOPE ASSET CHARGE TAAC') The AAC will be paid forthe Company's investment in, and operation and maintenanoe expenses associated with, specified transmission facilities required to provide service under the contract. The Monthly AAC consists of two components: 1. PacifiCorp Pass-Through Charge (PPTC): PPTC=(O&MxGAV)+(CEC) ,l IDAHO lssued per Order No. 34885 Effec{ive - Septembef-l5, ?02!anuary rcl lssued by IDAHO POWER COMPANY Timothy E. Tatum, Vice President, Regulatory Affairs 1221 West ldaho Street, Boise, ldaho ldaho Power Company First Revised Sheet No. 30-2 Cancels |.P.U.C. No. 29. Tariff No. 101 OrioinalSheet No. 3&2 SCHEDULE 30 IDAHO POT'\'ER COMPANY ELECTRIC SERVICE RATE FOR UNITED STATES DEPARTMENT OF ENERGY IDAHO OPERATIONS OFFICE SPECIAL CONTRACT DATED SEPTEMBER 15.201€21 CoNTRACT N O. 6S-OOP-Og-BS p-065r4 7 pA04 20 D00 U (Continued) MONTHLY ANTELOPE ASSET CHARGE fAACT (Continued) 2. ldaho Power Ownership Costs (OC) oc = (Roc xAV) + (PT x AV) + (ROR x NRBA) + (lT x NRBA) Table 1: Desoiption of AAC Rate Components Source AV asset value OA Formula Rate OATT Formula JOOA Exhibit D ldaho Power OATT Formula Rate AV JOOA costs to assets Actual ldaho Power Tax Data Cunent ldaho Power Retail Rate of Return AV less accumulated and ldaho Porver OATT Formula Rate The Monthly AAC will refleci the charges detailed in the formulas above according to the most cunent values from the data sources listed in Table 1, to be updated annually on October 1, with the exception of ROR, which will be updated in accordance with its effective date. I Open Access Transmission Tariff 2 Joint Ornership and Operating Agreementt Accumulated deferred income tiaxes Item Descrlption o&M PacifiCorp Operations & Maintenance Expense GAV Gross Asset Value cEc PacifiCorp Common Equipment Charqe ROC Recovery of Capita! Rate AV Joint-Owned Acquisition Value PT Property Taxes Rate ROR Rate of Return NRBA Net Rate Base Amount IT lncome Taxes Rate IDAHO lssued per Order No.€4642 Effedive - April 1, Z020Seotember 1 5, 2021 lssued by IDAHO POWER COMPANY Timothy E. Tatum, Vice President, Regulatory Affairs 1221 West ldaho Street, Boise, ldaho ldaho Power Company Sixteenth Revised Sheet No. 30-1 Cancels I.P.U.C. No. 29. Tarifr No. 101 Fifteenth Revised Sheet No. 30-1 SCHEDULE 30 IDAHO POWER COMPANY ELECTRIC SERVICE RATE FOR UNITED STATES DEPARTMENT OF ENERGY IDAHO OPERATIONS OFFICE SPECIAL CONTRACT DATED SEPTEMBER 15. 2021 CoNTRACT NO. 47PA0420p001 1 AVAILABILITY This schedule is available for firm retail service of electric power and energy delivered for the operations of the Department of Energy's facilities located at the ldaho National Engineering Laboratory site, as provided in the Contract for Electric Seruice between the parties. MONTHLY CHARGE The Monthly Charge is the sum of the following charges, and may also include charges as set forth in Schedule 55 (Porbr Cost Adjustment), Schedule 91 (Energy Efficiency Rider), and Schedule 95 (Adjustment for Municipal Franchise Fees). Demand Charoe, per kWof Billing Demand $8.3s 2.9189C2. Enemv Charoe, per kWh SPECIAL CONDITIONS 1. Billinq Demand. The Billing Demand shall be the average kW supplied during the 30- minute period of maximum use during the month. 2. Power Factor Adiustment. \Mten the Power Factor is less than 95 percent during the 30- minute period of maximum Ioad for the month, Company may adjust the measured Demand to determine the Billing Demand by multiplying the measured kW of Demand by 0.95 and dividing by the actual Power Factor. MONTHLY ANTELOPE ASSET CHARGE TAAC') The AAC will be paid forthe Gompany's investment in, and operation and maintenanoe expenses associated with, specified transmission facilities required to provide service under the contract. The Monthly AAC consists of two components 1. PacifiCorp Pass-Through Charge (PPTC): PPTC=(O&MxGAV)+(CEC) 1 IDAHO lssued per Order No. Effedive - September 15,2021 lssued by IDAHO POWER COMPANY Timothy E. Tatum, Vice President, Regulatory Affairs 1221 West ldaho Street, Boise, ldaho ldaho Potcr Gompany First Revised Sheet No. 3G2 Cancels |.P.U.C. No. 29. Tariff No. 101 Orioinal Sheet No. 3&2 SCHEDULE 30 IDAHO POl/t/ER COMPANY ELECTRIC SERVICE RATE FOR UNITED STATES DEPARTMENT OF ENERGY IDAHO OPERATIONS OFFICE ooNTRACT NO. 47PA0420D001 1 (Continued) MONTHLY ANTELOPE ASSET CHARGE rAACl (Continued) 2. Idaho Power Ovunership Costs (OC): OC = (ROC x AV) + (PT x AV) + (ROR x NRBA) + (lT x NRBA) Table 1: Desuiption of AAC Rate Components Source AV asset value Formula Rate OATT Formula Rate JOOA Exhibit D ldaho Porer OATT Formula Rate AV JOOA costs to assets Actual ldaho Pourer Tax Data Cunent ldaho Power Retrail Rate of Return AV less accumulated ldaho Porrer OATT Formula Rate The Monthly AAC will reflect the charges detailed in the formulas above according to the most current values from the data sources listed in Table 1, to be updated annually on October 1, with the exception of ROR, which will be updated in accordance with its efbctive date. t Open Access Transmission Tariff 2 Joint O,wnership and Operating Agreement 3 Accumulated deEned income tiaxes Item Dercripfion o&M PacifiCoro Ooerations & Maintenance Exoense GAV Gross Asset Value cEc PacifiCorp Common Eouioment Charoe ROC Recovery of Capital Rate AV Joint€vYned Acquisition Value PT Property Taxes Rate ROR Rate of Return NRBA Net Rate Base Amount IT lncome Taxes Rate IDAHO lssued per Order No. Efbctive - September 15,2O21 lssued by IDAHO POVI/ER COMPANY Timothy E. Tatum, Vice President, Regulatory Affairs 1221 West ldaho Street, Boige, ldaho