20061213Replacement Page 4.pdf

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One Utah Center, 22"d Floor
201 South Main
Salt Lake City, UT 84111
Please Reply To:
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ROCKY MOUNTAIN
POWER
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UTILITiES Cm.H'J\!8S!O;'Dean S, Brockbank, Senior Counsel
Suite 2200
Direct Dial (801) 220- 4568
Fax [phone]
email:
des n. brockba n k~pacifi corp. com
December 12, 2006
VIA E-MAIL
Scott Woodbury
Idaho Public Utilities Commission
472 West Washington
Boise, ID 83702-5983
Re:Case No. P AC-06-09 - Approval of an Electric Service Agreement with Monsanto
Company
Dear Mr. Woodbury:
Pursuant to our telephone conversation yesterday, please replace page 4 of the Monsanto
Electric Service Agreement with the attached page 4. The only change is in the last sentence of
Section 2.2, where the words "after (January 1 , 2008)" are deleted, and a new sentence is added
at the end of Section 2.2. This change reflects the parties ' true intent and is consistent with the
Application ofPacifiCorp describing the Agreement. I am authorized to state that counsel for
Monsanto agrees with this change. Thank you for your assistance in this matter.
Sincerely,
Sr. Counsel
cc: Randy Budge
15 WECC means the Western Electricity Coordinating Councilor a successor
organization which assumes essentially the same functions as the Western Electricity
Coordinating Council.
Section 2: Term: Reopeners
Term. The initial term of this Agreement shall be for a period of three (3)
years commencing on January 1 2007 and ending at 2400 hours on December 31
2009 (the "Initial Term ). This Agreement shall automatically renew for successive one
(1) year terms unless and until either party gives not less than 180 days written notice of
termination. Such notice may be given at any time to terminate the Agreement at the
end of the Initial Term or the end of any annual renewal year. After the Termination
Date PacifiCorp shall continue to provide any electric service to Monsanto as specified
in Idaho Electric Service Schedule No. 400 or its successor then in effect until such time
as the Commission establishes or approves other terms and conditions and prices.
Reopeners and Price Adjustments. The charges specified in Section 4.
of this Agreement shall be adjusted so that the charges equal the Commission-
approved rates applicable to Monsanto , including, but not limited to, customer charges
demand charges , energy charges , surcharges, and credits , as specified in Idaho
Electric Service Schedule No. 400 or its successor. Adjustments to the charges in
Section 4.1 of this Agreement shall become effective on the effective date of any
adjustment to Electric Service Schedule No. 400 resulting from any general rate case or
other filing by PacifiCorp. Provided , however, that no adjustment to Electric Service
Schedule No. 400 shall go into effect prior to January 1 , 2008.
1 This Agreement may be reopened and modified by the Commission
upon application of either PacifiCorp or Monsanto, in the following events: (i) direct
access to wholesale electricity markets is implemented in the state of Idaho and
available to Monsanto; or (ii) the WECC amends the quantity or requirements of either
the contingency reserve or frequency response reserve component of Operating
Reserves or otherwise modifies Operating Reserves requirements in a manner that
materially affects the availability or valuation of Operating Reserves under this
Agreement.