20100219Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
CO MMISSI 0 NER RED FO RD
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:RICK STERLING
DATE:FEBRUARY 8, 2010
RE:REOPENED CASE NO. P AC-09-05; REVISED AND RESTATED
POWER PURCHASE AGREEMENT BETWEEN LOWER VALLEY
ENERGY, INc. AND P ACIFICORP
On February 5 , 2010, PacifiCorp submitted for approval a copy of the Revised and
Restated Power Purchase Agreement Between Lower Valley Energy, Inc. and PacifiCorp,
executed on February 2010. This agreement amends the parties' Power Purchase Agreement
dated May 22 2009, which the Commission approved on July 16 2009 in Order No. 30864, in
Case No. PAC-09-05. The purpose of the amendment is to add seller s 597 kW Lower
Facility, which was completed in October 2009, to the parties' power purchase agreement.
STAFF ANALYSIS
The Revised and Restated Power Purchase Agreement adds a 596 kW hydro facility to
the original Agreement, under the same rates, terms and conditions as the original Agreement.
Except for the addition ofthe new facility, there are no other material changes in the Agreement.
The revised contract now covers a 940 kW Upper Facility and a 597 kW Lower Facility. Staff
recommends approval ofthe amended Agreement by minute entry, and believes no further notice
or procedure is necessary.
DECISION MEMORANDUM FEBRUARY 8, 2010
COMMISSION DECISION
Staff recommends that the revised and restated agreement between Lower Valley and
PacifiCorp be acknowledged and approved by minute entry without further notice or procedure.
Does the Commission agree?
f? ~Rick Sterling
udmemos/paceO9. 5 swrps. amend. dm
DECISION MEMORANDUM FEBRUARY 8 , 2010