20230921Compliance Filing - 1st Amendment to PPA.pdf

DONOVAN WALKER
Lead Counsel
[e-mail]

September 21, 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-23-05
In the Matter of Idaho Power Company’s Application for a Certificate of
Public Convenience and Necessity to Acquire Resources to be Online by
2024 and Approval of a Power Purchase Agreement with Franklin Solar LLC

Dear Ms. Noriyuki:

Attached for electronic filing, please find Idaho Power Company’s Compliance
Filing Re: First Amendment to PPA in the above matter.

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

Very truly yours,

Donovan E. Walker
DEW:cd
Enclosures
RECEIVED
2023 SEPTEMBER 21, 2023 4:24PM
IDAHO PUBLIC
UTILITIES COMMISSION
IDAHO POWER COMPANY’S COMPLIANCE FILING
RE: FIRST AMENDMENT TO THE PPA - 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 A
CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO
ACQUIRE RESOURCES TO BE ONLINE
BY 2024 AND FOR APPROVAL OF A
POWER PURCHASE AGREEMENT WITH
FRANKLIN SOLAR LLC.
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CASE NO. IPC-E-23-05

IDAHO POWER COMPANY’S
COMPLIANCE FILING RE: FIRST
AMENDMENT TO PPA

Idaho Power Company (“Idaho Power” or “Company”) respectfully submits this
Compliance Filing and the accompanying Frist Amendment to the Power Purchase
Agreement Between Franklin Solar, LLC and Idaho Power Company (“First
Amendment”), attached hereto as Attachment 1 and incorporated herein by this
reference, for the Idaho Public Utility Commission’s (“Commission”) review and approval
in compliance with Final Order No. 35900.
I. BACKGROUND
1. Idaho Power and Franklin Solar, LLC (“Franklin Solar”) entered into a Power
Purchase Agreement (“PPA”) on January 20, 2023, for the purchase and sale of the Net
Output and Green Tags generated by Franklin Solar’s Facility consisting of 100 MW (AC)
solar powered generation facility. Section 3.1 of the PPA requires the Commission’s
IDAHO POWER COMPANY’S COMPLIANCE FILING
RE: FIRST AMENDMENT TO THE PPA - 2
approval of the PPA. The PPA was filed for review and approval with the Commission on
February 17, 2023, Case No. IPC-E-23-05.
2. On August 23, 2023, the Commission issued Final Order No. 35900
approving the PPA with identified updates to Section 7.12.2.3, Section 12.2.2, and
Section 23.1. The Commission directed Idaho Power to file an updated PPA with the
Commission within thirty (30) days from the service date of the Order (by September 22,
2023).
3. Idaho Power and Franklin Solar have executed the accompanying
First Amendment making the identified updates to the PPA from Order No. 35900. The
First Amendment requires Commission Approval.
II. THE FIRST AMENDMENT TO THE PPA
4. On September 14, 2023, Idaho Power and Franklin Solar executed the
attached First Amendment, intending the same to address the Commission’s identified
updates to the PPA referenced in Final Order No. 35900. The Commission directed
updates to Section 7.12.2.3 and Section 23.1 as well as a correction to Section 12.2.2.
The First Amendment address each identified item as follows:
2. Amendment. (new language is underlined, and
deleted language uses strikethrough)

A. Section 7.12.2.3 of the PPA shall hereby be Amended
as follows:
“… Seller shall pay Idaho Power liquidated damages equal to
(i) the product of (Ai) the Output Shortfall for that month,
multiplied by (Bii) Idaho Power's Cost to Cover for that month.
plus (ii) additional transmission charges, if any, reasonably
incurred by Idaho Power for replacement energy. The Parties
acknowledge that replacement power purchased within Idaho
Power’s balancing authority area, or at Idaho Power’s border
with an adjacent balancing authority area, does not incur
additional transmission charges for purposes of this
Agreement. …”
IDAHO POWER COMPANY’S COMPLIANCE FILING
RE: FIRST AMENDMENT TO THE PPA - 3
B. Section 12.2.2 of the PPA shall hereby be Amended as
follows:
“… Seller shall first satisfy its obligations under Section 12.7
Section 12.6 and then Idaho Power shall pay Seller, on the
earlier of the date payment would otherwise be due in respect
of the month in which the failure occurred or within five (5)
Business Days after invoice receipt, an amount equal to
Seller’s Cost to Cover multiplied by the amount of Net Output
so not purchased, less amounts received by Seller pursuant
to Section 12.7 Section 12.6. …”
C. Section 23.1 of the PPA shall hereby be Amended as
follows:
“… No modification hereof shall be effective unless it is in
writing and executed by both Parties and subsequently
approved by the IPUC.”
First Amendment, p. 1-2.
5. As referenced in Staff Comments in this matter, the identified updates to the
PPA are similar to those that were required in the Pleasant Valley Solar PPA which were
approved by the Commission in a similar Amendment to the PPA and compliance filing.
Case No. IPC-E-22-29.
III. CONCLUSION
6. Idaho Power respectfully requests that the Commission approve the First
Amendment in compliance with its Final Order No. 35900 approving the PPA submitted
in this matter.
DATED at Boise, Idaho, this 21st day of September, 2023.

________________________________
DONOVAN E. WALKER
Attorney for Idaho Power Company

IDAHO POWER COMPANY’S COMPLIANCE FILING
RE: FIRST AMENDMENT TO THE PPA - 4
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 21st day of September 2023 I served a true and
correct copy of IDAHO POWER COMPANY’S COMPLIANCE FILING RE: FIRST
AMENDMENT TO THE PPA upon the following named parties by the method indicated
below, and addressed to the following:

Commission Staff
Chris Burdin
Deputy Attorney General
Idaho Public Utilities Commission
11331 W. Chinden Blvd., Bldg No. 8
Suite 201-A (83714)
PO Box 83720
Boise, ID 83720-0074

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City of Boise
Darrell Early
Deputy City Attorney
Boise City Attorney’s Office
150 N. Capitol Blvd.
PO Box 500
Boise, ID 83701
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Wil Gehl
Energy Program Manager
Boise City Dept. of Public Works
150 N. Capitol Blvd.
P.O. Box 500
Boise, Idaho 83701-0500
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__________________________________
Christy Davenport
Legal Administrative Assistant

BEFORE THE

IDAHO PUBLIC UTILITIES COMMISSION

CASE NO. IPC-E-23-05

IDAHO POWER COMPANY

ATTACHMENT 1