20220211Application.pdf

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DONOVAN E. WALKER
Lead Gounsel
dwa! ker@ida hooower.com
February 11,2022
VIA ELECTRONIC MAIL
Jan Noriyuki, Secretary
ldaho Public Utilities Commission
11331 West Chinden Blvd., Building 8
Suite 2O1-A
Boise, ldaho 83714
Re: Case No. IPC-E-22-03
Eightmile Hydro Corporation
ldaho Power Company's Application re the First Amendment to the Energy
Sales Agreement from the Eightmile Hydro Project
Dear Ms. Noriyuki:
Aftached for electronic filing is ldaho Power Company's Application in the above
entitled matter. lf you have any questions about the attached documents, please do not
hesitate to contact me.
Very truly yours,
DEW:cld
Enclosures
DONOVAN E. WALKER (1SB No. 5921)
ldaho Power Company
1221 West ldaho Street (83702)
P.O. Box 70
Boise, ldaho 83707
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for ldaho Power Company
BEFORE THE IDAHO PUBLIC UT!LITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF IDAHO POWER COMPANY FOR
APPROVAL OR REJECTION OF A FIRST
AMENDMENT TO THE ENERGY SALES
AGREEMENT WTH EIGHTMILE HYDRO
CORPORATION FOR THE SALE AND
PURCHASE OF ELECTRIC ENERGY
FROM THE EIGHTMILE HYDRO PROJECT.
CASE NO. IPC-E-22-03
APPLICATION FOR APPROVAL
OF FIRST AMENDMENT TO
ENERGY SALES AGREEMENT
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ldaho Power Company ("ldaho Powed'), in accordance with RP 52 and the
applicable provisions of the Public Utility Regulatory Policies Act of 1978 ('PURPA'),
hereby respectfully applies to the ldaho Public Utilities Commission ("Commission") for
an order accepting or rejecting the First Amendment ("Amendment") to the Energy Sales
Agreement ("ESA") between ldaho Power and Eightmile Hydro Corporation, ("Selle/')
under which Seller sells and ldaho Power purchases electric energy generated by the
Eightmile Hydro project ("Facility") which is a PURPA Qualiffing Facility.
APPLICATION - 1
ln support of this Application, ldaho Power represents as follows:
I. INTRODUCTION AND BACKGROUND
1. ldaho Power and the Seller (ointly, "Parties") entered into an ESA on
February 7 ,2022, for the purchase and sale of energy produced by the Facility. This ESA
was approved by the Commission in Order No. 33104, Case No. IPC-E-14-12, 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:
6.2.2 Seller's Adjustment of Estimated Net Enerqy 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. lf 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 Iike 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 _ 2
a.) This revision must be submitted using the electronic
portal provided by ldaho Power if available. lf the electronic
portal is not available, then written notice must be provided
to ldaho Power by electronic notice (electronic mail) as
agreed by both parties.
b.) lf 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, ldaho Power is unable to accept
any requested changes to the Estimated Net Energy
Amounts if the date and time that ldaho Power receives the
requested change is after the deadline.
4. The Amendment to the ESA to modifo the NEA adjustment period was
executed by the Parties on February 2, 2022 and February 7, 2022. 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 Aftachment 1 and is subject to
the Commission's approval.
III. PROCEDURE
5. ldaho 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, ef seg.
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
Lead Counsel
ldaho Power Company
1221 West ldaho Street (83702)
P.O. Box 70
Boise, ldaho 83707
dwalker@ idahopower.com
[e-mail]
Energy Contracts
ldaho Power Company
1221 West ldaho Street (83702)
P.O. Box 70
Boise, ldaho 83707
enerovco ntracts@ id a hopower. com
APPLICAT]ON - 3
V. REQUEST FOR RELIEF
7. ldaho 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 ldaho Power and the Seller.
Respectfully submitted this 11th day of February 2022.
&,*2dat4-
DONOVAN E. WALKER
Aftorney for ldaho Power Company
APPLICATION -4
CERTIFICATE OF SERVICE
! HEREBY CERTIFY that on this 11th day of February 2022,1 served a true and
correct copy of the within and foregoing APPLICATION upon the following named parties
by the method indicated below, and addressed to the following:
Jordan Whittaker
P.O. Box 177
Leadore, ID 83464
_Hand Delivered
_U.S. Mail
_Overnight Mail_FAX
-f, Emai! - [e-mail]
Christy Davenport, Lega! Assistant
APPLICATION - 5
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
GASE NO. IPC-E-22-03
IDAHO POWER COMPANY
ATTACHMENT 1
FIRST AMENDMENT
TO THE
ENERGY SALES AGREEMENT
BETWEEN
IDAIIO POWER COMPAITY
AI\D
EIGHTN{ILE HYDRO CORPORATION
This First Amendment of the Energy Sales Agreement ("First Amendment") is entered
into on this 7th day of February 2022, by and between Idaho Power Company, an Idaho
corporation ("Idaho Power"), and Eightnile Hydro Corporation ("Seller") (individually a
"Part5/" and collectively the "Parties").
WHEREAS, Idaho Power and the Seller entered into a Energy Sales Agreeurent ("ESA")
on May 5, 2014 (the "Agreement") for the purchase and sale of generation produced by the
Eightnile Hydro PURPA Qua[fuing Facility that was approved by the Idaho Public Utilities
Commission's ("IPUC") in OrderNo. 33104 issued August 21,2014; and
WHEREAS, Seller and Idaho Power desire to amend Article 6.2.3 of the Agreement to
include a change to the notification ofNet Energy Amount monthly adjustnents from one-month
advanced notice to the 256 day of the month that is prior to the month to be revised. If the 25fi day
of the month falls on a weekend or holiday, then written notice must be received on the last
business day prior to the 25h day of the month;
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, and intending to be
legally bound, the Parties hereto agree as follows:
1. Incorporation of Recitals. The above-stated recitals are incorporated into and made a part of
this Agreement, as arnended, by this reference to the same extent as if these recitals were set forlh
in full at this point.
2. Definitions. Article 6.2.3 shall be deleted in its entirety and the following section shall be
substituted in its stead:
6.2.3 Seller's Adjusfinent of Estimated Net Energ.v 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
25n day of the month that is prior to the month to be revised. If the 25h day of the month
falls on a weekend or holiday, then written notice must be received on the last business
day prior to the 256 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 25ft or the last business day prior to September 25ft.
a.) This revision must be submiued using the electronic portal provided by
Idaho Power if available. If the electronic portal is not available, then
Energy Sales Agreement
Project: 44395973 Eightmile Hydro Project
First Amendment - Page 1 of 3
written notice must be provided to Idaho Power by electronic notice
(electronic mail) as agreed 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 the
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.
3. Commission Approval. The obligations of the Parties underthis First Amendment are subject
to the IPUC's approval of this First Amendment and such approval being upheld on appeal, if any,
by a court of competent jurisdiction. The Parties will submit this First Amendment to the IPUC
and request approval or rejection in its entirety pursuant to RP 274.
4. Effect of Amendment. Except as expressly amended by this First Amendment, the Agreement
shall remain in full force and effect.
5. Capitalized Terms. All capitalized terms used in this First Amendment and not defined herein
shall have the same meaning as used in the Agreement.
6. Scope of Amendment. This First Amendment shall be binding upon and inure to the benefit
of the Parties hereto, and their respective heirs, executors, administrators, successors, and assigns,
who are obligated to take any action which may be necessary or proper to carry out the purpose
and intent thereof.
7. Authority. Each Party represents and warrants that (i) it is validly existing and in good
standing in the state in which it is organized, (ii) it is the proper party to amend the Agreement,
and (iii) it has the requisite authority to execute this First Amendment.
8. Counterparts. This First Amendment may be executed in any number of counterparts, each
of which shall be deemed an original and all of which taken together shall constitute a single
instrument.
Energy Sales Agreement
Project: 44395973 Eightmile Hydro Project
First Amendment - Page 2 of 3
IN WITNESS WHEREOF, the Parties hereto have causod this First Amendmbnt tobcduly
excculed as of the date above written.
EIGHTMILE HYDRO CORPORATION IDAHO COMPANY
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