20230322Reply Comments.pdf

DONOVAN WALKER
Lead Counsel
[e-mail]

March 22, 2023

VIA ELECTRONIC FILING

Jan Noriyuki, Secretary
Idaho Public Utilities Commission
11331 W. Chinden Blvd., Bldg 8,
Suite 201-A (83714)
PO Box 83720
Boise, Idaho 83720-0074

Re: Case No. IPC-E-22-29
In the Matter of Idaho Power Company’s Application for Approval of a Power
Purchase Agreement with Pleasant Valley Solar, LLC

Dear Ms. Noriyuki:

Attached for electronic filing, please find Idaho Power Company’s Redacted Reply
Comments in the above matter.

The confidential version will be provided separately via an encrypted email to
parties who sign the protective agreement.

Please feel free to contact me directly with any questions you might have about
this filing.

Very truly yours,

Donovan E. Walker
DEW:sg
Enclosures
RECEIVED
2023 March, 22 4:44PM
IDAHO PUBLIC
UTILITIES COMMISSION

CERTIFICATE OF ATTORNEY

ASSERTION THAT INFORMATION CONTAINED IN AN IDAHO PUBLIC UTILITIES
COMMISSION FILING IS PROTECTED FROM PUBLIC INSPECTION
Case No. IPC-E-22-29
Idaho Power Company’s Application for Approval of a Power Purchase
Agreement with Pleasant Valley Solar, LLC

The undersigned attorney, in accordance with RP 67, believes that the Idaho
Power Company’s Confidential Reply Comments dated March 22, 2023, may contain
information that Idaho Power Company or a third party claims is confidential as
described in Idaho Code § 74-101, et seq., and § 48-801, et seq., and as such is
exempt from public inspection, examination, or copying.

DATED this 22nd day of March 2023.

Donavan Walker
Counsel for Idaho Power Company

IDAHO POWER COMPANY’S REPLY COMMENTS - 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 IDAHO POWER
COMPANY’S APPLICATION FOR
APPROVAL OF A POWER PURCHASE
AGREEMENT WITH PLEASANT VALLEY
SOLAR, LLC.
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CASE NO. IPC-E-22-29

IDAHO POWER COMPANY’S
REPLY COMMENTS

COMES NOW, Idaho Power Company (“Idaho Power” or “Company”), and hereby
respectfully submits the following Reply Comments in response to Comments of the
Commission (“IPUC or Commission”) Staff dated March 8, 2023.
I. REPLY COMMENTS
A. Background - On November 14, 2022, Idaho Power filed an Application
seeking approval of a 20-year Power Purchase Agreement (“PPA”) entered into with
Pleasant Valley Solar, LLC (“Pleasant Valley Solar” or “Seller”). The PPA was entered
into for the purchase and sale of energy and Green Tags for the benefit of Brisbie, LLC
(“Brisbie” or “Customer”) pursuant to a Special Contract between Idaho Power and Bribie
(“Special Contract”). The Special Contract between Idaho Power and Brisbie was also
filed for review and approval with the Commission on December 22, 2021, Case No. IPC-

IDAHO POWER COMPANY’S REPLY COMMENTS - 2
E-21-42. Section 3.1 of the PPA requires Commission approval of both the PPA and the
Special Contract or the PPA may be terminated.
B. Staff Comments - Staff filed its Comments regarding the PPA in this matter
on March 8, 2023, Case No. IPC-E-22-29, recommending approval of the PPA
conditioned upon the Parties updating the PPA to reflect the following: (1) Correcting the
degradation factors in Section 1.35; (2) Ensuring the term Expected Energy is used
correctly in the PPA; (3) Modifying Section 23 to reflect significance of Commission
approval; and (4) Including transmission-related costs in calculating Liquidated Damages
for Output Shortfall.
C. Reply Comments - Filed herewith and included herein as Attachment 1 is the
fully executed Frist Amendment to the Power Purchase Agreement Between Pleasant
Valley Solar, LLC and Idaho Power Company (“First Amendment”). Idaho Power and
Pleasant Valley Solar entered into the attached First Amendment to incorporate all of
Staff’s recommended changes from Staff’s March 8 Comments. The First Amendment
addresses all the issues identified by Staff: (1) Section 1.35 is amended to correct the
degradation factor starting time; (2) Section 7.12.1 and 7.12.2.2 are both amended to
replace “Expected Energy” with “Estimated Net Output Amount”; (3) Section 23 is
amended to add language recognizing and requiring Commission approval of any PPA
modification(s); and (4) Section 7.12.2.3 is amended to include transmission related costs
into the liquidated damages for Output Shortfall.
Idaho Power believes the attached and executed First Amendment makes the
necessary changes to the PPA required to implement Staff’s recommendations. The PPA
contains provisions in Section 3.1 that require it to be approved by the Commission.

IDAHO POWER COMPANY’S REPLY COMMENTS - 3
Additionally, there are provisions that provide for a day-for-day extension of the
Scheduled Commercial Operation Date and the Guaranteed Commercial Operation Date
if not approved prior to May 11, 2023, (six months after filing for approval with the
Commission). Additionally, the PPA is also conditioned upon the Commission’s approval
of the Special Contract between Brisbie and Idaho Power, of which this PPA is intended
to support.
II. CONCLUSION
Idaho Power appreciates Staff’s review and consideration of the issues in this case
and the opportunity to offer these Reply Comments to address Staff’s recommendations.
Idaho Power respectfully requests that the Commission approve the PPA, the First
Amendment thereto, and the Special Contract submitted in Case No. IPC-E-21-42 on or
before May 11, 2023.

Respectfully submitted this 22nd day of March 2023.

DONOVAN E. WALKER
Attorney for Idaho Power Company

IDAHO POWER COMPANY’S REPLY COMMENTS - 4
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 22ND day of March 2023, I served a true and
correct copy of the foregoing Idaho Power Company’s Reply Comments upon the
following named parties by the method indicated below, and addressed to the following:

Chris Burdin
Idaho Public Utilities Commission
P.O. Box 83720
11331 West Chinden Blvd, Bldg 8
Suite 201-A
Boise ID 83714

Emailed to:
[e-mail]
Darrell Early
Ed Jewell
Wil Gehl
Boise City Attorney’s Office
150 N. Capitol Blvd.
P.O. Box 500
Boise, Idaho 83701-0500

Emailed to:
[e-mail]
[e-mail]
[e-mail]
[e-mail]

________________________________
Stacy Gust, Regulatory Administrative
Assistant

BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. IPC-E-22-29
IDAHO POWER COMPANY
ATTACHMENT 1
First Amendment to the Power Purchase
Agreement
REDACTED