20110207Motion for Summary Judgment.pdf

LoVINGER I KAUFMANN LLP
825 NE Multnomah • Suite 925
,Portland, OR 97232-2150
office [phone]
fax [phone]
February 4, 2011
VIA U.S. PRIORIIT MAIL
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 W Washington Street
Boise, ID 83702-5983
Re: Case No. PAC-E-10-08
XRG, Complainant, vs.
PACIFICORP dba ROCKY MOUNTAIN POWER, Defendant
Dear Ms. Jewell:
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Enclosed for filing in the above-captioned docket are an original and seven (7) copies of
ROCKY MOUNTAIN POWER'S MOTION FOR SUMMARY JUDGMENT.
An extra copy of this cover letter is enclosed. Please date stamp the extra copy and return it to
me in the envelope provided.
Thank you in advance for your assistance.
Kenneth E. Kaufmann
cc: P AC-E-10-08 Service List
Enclosures
Mark C. Moench
Daniel E. Solander
Rocky Mountain Power
201 South Main Street, Suite 2300
Salt Lake City, Utah 84111
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Jeffrey S. Lovinger
Kenneth E. Kaufmann
Lovinger Kaufmann LLP
825 NE Multnomah, Suite 925
Portland, Oregon 97232
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
Rocky Mountain Power
C • ·-,, "Er. \I I ,\ CJ •
zo II FE8 -1 PM 2: I O
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
XRG-DP-7, XRG-DP-8, XRG-DP-9, XRG­
DP-10, LLCs,
Complainant,
v.
p ACIFICORP I DBA ROCKY MOUNTAIN
POWER,
Defendant.
Case No. PAC-E-10-08
ROCKY MOUNTAIN
POWER'S MOTION FOR
SUMMARY JUDGMENT
Pursuant to IDAPA Rule 31.01.01.056, PacifiCorp, dba Rocky Mountain
Power (the "Company"), respectfully moves for summary judgment and denial of
the relief requested by XRG-DP-7, LLC, XRG-DP-8, LLC, XR.G-DP-9, LLC, and
XRG-DP-10, LLC (collectively "XR.G").
ROCKY MOUNTAIN POWER'S
MOTION FOR SUMMARY JUDGMENT
1
I. Introduction
XRG asks the Commission to order Rocky Mountain Power to enter into
power purchase agreements ("PP As") at superceded avoided cost rates. In Idaho, a
qualifying facility ("QF") is not entitled to grandfathered rates unless the
QF: (1) signs a contract with the utility before rates change; or (2) files a meritorious
complaint for grandfathered rates with the Commission before rates change.1
A meritorious complaint is one in which the developer demonstrates that it pursued
a contract with diligence and competence, that it was substantially mature and ready,
willing and able to sign a contract and that "but for" the intransigence of the utility it
was otherwise entitled and would have had a power purchase contract prior to the
rate change.2
In this case, XRG requested four PPAs totaling 70 megawatts ("MW") to be
delivered to the Company's Brady Substation. Upon consideration of this request,
the Company expressed concern about its ability to transmit that much power from
Brady to the rest of its system. The Company accordingly told XRG that it could
only accommodate 23 MW of XRG's output at Brady. The Company provided
XRG with one draft PP A. XRG indicated that it would provide comments on the
draft agreement but never did so. XRG also failed to secure interconnection or
transmission rights necessary to deliver its output to Brady before rates changed.
Four months after rates changed, XRG filed a complaint.
I A. W. Brown Co., Inc. v. Idaho PUC, 121 Idaho 812, 817 (1992).
2 Island Power Co. v. Utah Power& Light Co., IPUC Case No. UPL-E-93-4, Order No. 25528, 1994 Ida.
PUC LEXIS 59 at *15 ("Island Power I"), reams. denied, Order No. 25647, 1994 Ida. PUC LEXIS 92
("Island Power Ir').
ROCKY MOUNTAIN POWER'S
MOTION FOR SUMMARY JUDGMENT
2
XRG asks the Commission to order the Company to enter into four PP As at
the old avoided cost rates.3 In this motion, Rocky Mountain Power asks the
Commission to deny the relief requested as a matter of law. XRG is not entitled to
grandfathered rates because it failed to diligently and competently pursue a contract
prior to the rate change. XR.G cannot ask for four PP As, refuse to respond to a draft
PP A, fail to obtain even rudimentary transmission or interconnection arrangements,
and then expect to receive grandfathered rate treatment. It is irrelevant that there is a
disagreement between the parties regarding whether XRG was eligible for one or
four PP As. A QF must actively negotiate even if there is disagreement regarding a
key term.4 Additionally, XRG is not entitled to grandfathered rates because it filed a
complaint seeking such rates more than four months after rates changed.
II. Standard of Review
On motion for summary judgment, the Commission applies the standard for a
summary judgment contained in Idaho Rule of Civil Procedure 56(c), which
provides that summary judgment should be granted if "the pleadings, depositions,
and admissions on file, together with affidavits, if any, show that there is no genuine
issue as to any material fact and that the moving party is entitled to a judgment as a
matter oflaw." Upon review of a motion for summary judgment, "[a]ll disputed facts
are to be construed liberally in favor of the non-moving party, and all reasonable
3 XRG Complaint at 6 (XRG seeks rates on file "prior to March 12, 2010").
4 Empire Lumber Co. v. Wash. Water Power Co., IPUC Case No. U-1008-241, Order No. 20693, 1986
Ida. PUC LEXIS 169 at *9 ("To cease negotiations for failure to reach agreement on the first issue
discussed is not to reach agreement on any issues. To initiate a complaint process at that time may
resolve or clarify that particular issue but certainly doesn't entitle one to a contract."); Island Power II,
1994 Ida. PUC LEXIS 92, *18 (order denying reconsideration) (quoting with approval Empire Lumber
Co. on the need to continue negotiations notwithstanding a dispute regarding a key term).
ROCKY MOUNTAIN POWER'S
MOTION FOR SUMMARY JUDGMENT
3
inferences that can be drawn from the record are to be drawn in favor of the non-
moving party. "5 A moving party "is entitled to summary judgment when the
nonmoving party fails to make a showing sufficient to establish the existence of an
element essential to that party's case on which that party will bear the burden of
proof at trial. "6
m. Undisputed Material Facts
The following facts are undisputed. 7 XRG proposes four QF projects to be
located near Malta in Cassia County, Idaho. Three of the proposed projects would
have a nameplate capacity of 20 MW. The remaining project would have a
nameplate capacity of 10 MW. XRG proposed to interconnect the projects to
Bonneville Power Administration ("BP A") and to wheel output across BP A's system
to the Company's Brady Substation near American Falls, Idaho.8
In late January 2009, XRG requested that the Company provide four PPAs
for the proposed projects.9 This request included basic information regarding each
proposed project. Within two weeks, the parties held a conference call to discuss the
s I.R.C.P. 56(c) (2010); Frazier v. J.R. Simplot Co., 136 Idaho 100, 102 (2001); In the Matter of the Petition
by PacifiCorp for an Order Determining that PacifiCorp is not required to Provide Wheeling Service to Snake
River Valley Electric Ass'n, IPUC Case No. PAC-E-01-6, Order No. 28888 (2001) (Notice of Rehearing
Conference).
6 Thomson v. Idaho Ins. Agency, Inc., 126 Idaho 527, 530-31 (1994) (citing Celotex Corp. v. Catrett, 477
U.S. 317, 323 (1986)).
7 The facts described in this section can be found in XRG's complaint or in Exhibit A or Exhibit B to
this motion. Exhibit A consists of 26 parts: A-1 through A-25, which provide all written
communication between XRG and the Company from January 2009 through April 2010 and A-0,
which provides XRG's confirmation that A-1 through A-25 are accurate and complete. Exhibit B
consists of excerpts of XRG's responses to the Company's requests for production.
8 XRG Complaint at 1 and ,i 6; Exhibit A at 44, 49, 56, 61, 78, 83, 92. XRG proposed to interconnect
to BPA in its January 2009 request for PPAs. Material provided by XRG in response to the
Company's discovery requests suggests that XRG recently determined to interconnect with Raft River
Electric Cooperative. See pages 8-9 infra.
9 Exhibit A at 67 (see a1S<J 41-95).
ROCKY MOUNTAIN POWER'S
MOTION FOR SUMMARY JUDGMENT
4
requests." Two weeks later, the Company told XRG that transmission constraints
out of Brady Substation might limit the Company's ability to accept 70 MW of new
QF output at Brady." A month later, the Company quantified this concern and told
XRG it could not accept more than 23 MW ofXRG output at Brady Substation.12 In
light of this constraint, the Company asked XRG to identify which one of the
proposed projects it wanted to move forward with.13 About a week later, XRG stated
it wanted to proceed with XRG DP-10, one of the proposed 20-MW projects." The
Company acknowledged this choice the same day." XRG subsequently indicated on
multiple occasions that it thought the parties should proceed to negotiate all four
PP As and to resolve any issue involving transmission constraints on a separate
negotiating path.16 The Company did not yield to this request.
On May 11, 2009, the Company provided XRG with a draft PPA and asked
XRG to provide redline revisions and comments for further discussion.17 XRG
responded the next day, indicating that it would commence review of the draft PPA,
and reiterating its desire to proceed with four power purchase agreements and to
address the Company's concerns with transmission constraints on a separate track."
Almost two months later, on July 6, 2010, XRG apologized for not responding to the
10 Exhibit A at 97-101.
II Id. at 105.
12 Id. at 111.
13 Id.
14 Id. at 117.
rs Id. at 123.
16 Id. at 131, 135, 139, 197, 201, 205.
11 Id. at 141-194.
18 Id. at 197.
ROCKY MOUNTAIN POWER'S
MOTION FOR SUMMARY ruDGMENT
5
draft PPA earlier. XRG explained that it had been busy closing a 228-MW project
and that it now planned to provide the Company with redline changes and
comments on the draft PPA "and the other 3 identical contracts proposed for XRG -
DP 7, 8, 9, and 10. "19
More than two months later, on September 18, 2009, XRG sent the Company
an email. Rather than providing comments on the draft PP A, XRG noted in the
email that it had received only one of the four requested PP As. XRG requested the
balance of the PP As in ten days ti.me, and XRG stated that, upon receipt of four
PP As it would proceed to modify and negotiate the terms and conditions of all four
agreements." Two weeks later, on October 2, 2009, the Company responded by
(a) reiterating its concerns regarding accepting more than 23 MW of QF output at
Brady Substation, (b) providing a revised and updated draft PPA, and (c) again
requesting that XRG provide comments on the draft PP A.21
On November 10, 2009, the parties held a conference call to discuss the
Company's concerns regarding transmission constraints. During that call, XRG
proposed that the Company's concerns should be allayed ifXRG moved its proposed
online date to June 2011.22
On March 9, 2010, the Company received a letter from Commission staff
stating that the published avoided cost rates in Idaho would be recalculated. The
19 Id. at 201.
20 Id. at 205.
21 Id. at 207-266. The updated draft PPA provided on October 2, 2009, included the Company's
standard addendum for off-system projects; it also included, for the first time, a Delay Security
requirement, modeled after an Idaho Power Company agreement the Commission approved in 2009.
22 Id. at 289.
ROCKY MOUNTAIN POWER'S
MOTION FOR SUMMARY JUDGMENT
6
letter solicited the Company's comments regarding staff's recalculation of rates.23 On
March 10, 2010, the Company sent a copy of the March 9 letter from Commission
staff to XRG attorney Peter Richardson." On March 11, 2010, XRG sent the
Company an email-XRG's first communication since the parties' November 10
conference call. XRG stated that it would take the October 2 draft PP A, replicate it
for all four proposed projects, and provide the draft agreements to the Company for
review and approval." To date, XRG has not done so.
On March 12, 2010, XRG attorney Peter Richardson sent the Company a
letter stating that XRG understood published avoided cost rates might soon change
and asking the Company to either (a) confirm XRG's understanding that it was
entitled to existing rates and follow up with a contract containing the same, or
(b) tender executable agreements containing the current rates by return mail," The
Company provided no such response.
On March 15, 2010, the Commission issued Order No. 31025 which reduced
published avoided cost rates effective March 16, 2010. On July 29, 2010, XRG filed a
complaint alleging it is entitled to grandfathered rates. At no time prior to the rate
change ( or prior to filing a complaint) did XRG respond with comments or revisions
to the Company's May 2009 or October 2009 draft PPA. At no time prior to the rate
change did XRG provide a proposed PP A or otherwise confirm the terms of the
23 XRG Complaint ,i 12.
24 In The Matter of the Adjustment of Avoided Cost Rates for New PURPA Contracts for Avista Corporation
DBA Avista Utilities, Idaho Power Company, and PacifiCorp DBA Rocky Mountain Power, !PUC Case No.
GNR-E-10-01, Order No. 31092, 11 (2010) (stating that Mr. Richardson "concede[s he] received a
copy of Staff's [March 9, 2010] letter the next day (March 10, 2010)").
zs Exhibit A at 289.
26 Id. at 296.
ROCKY MOUNTAIN POWER'S
MOTION FOR SUMMARY JUDGMENT
7
power sales transaction it asserts it was ready, willing and able to enter into prior to
March 16, 2010.
The parties have completed two rounds of discovery. XRG's responses to the
Company's discovery requests" demonstrate that XRG recently learned that BPA
only operates transmission for a portion of the path to Brady Substation.28
Correspondence between BP A and XRG in 2011 indicates that, to deliver output to
Brady Substation, XRG must interconnect to Raft River Electric Cooperative ("Raft
River") and wheel its output approximately three miles to BPA's Idahome
substation.29 From there, XRG must purchase BPA Point-to-Point transmission to
Minidoka or Adelaide; and then purchase Idaho Power Company Point-to-Point
transmission from Minidoka or Adelaide to Brady." BP A notified XRG that its
request may require transmission system upgrades,31 and that, due to BPA's
ambitious near-term construction plans, system upgrades for new generation projects
may take 3-5 years to complete.32 None of this information was disclosed to the
27 XRG refused to answer the Company's Production Request No. 41, which asked XRG to specify
the physical path XRG would use to deliver net output from XRG's projects to Brady Substation.
Exhibit Bat 5. The facts described in this paragraph are gleaned from correspondences between BPA
and XRG provided in the course of discovery.
28 Exhibit Bat 14 (email from Craig Hardin (BPA) to Collin Rudeen (XRG Lead Project Engineer)
stating "Once the output of your proposed project leaves the BPA 138 kV Point to Point loop at
Minidoka or Adelaide you will be doing transmission business with Idaho Power. They own and
operate the 138 kV line that runs from Adelaide to American Falls near Brady in the Idaho Power
Balancing Area Authority.").
29 Exhibit Bat 12.
30 Id. at 14.
31 Id. at 22 (email from Debby Hammack (BPA) to Collin Rudeen (XRG) stating that "The system
Impact Study Report stated that there is no interconnection capacity without rerating the Minidoka
PH-Bridge 138 kV line.").
31 Id. at 16 (email from Craig Hardin (BPA) to Collin Rudeen (XRG) stating that "adding additional
projects to existing workload will be challenging for us over the next few years. In an effort to
maximize efficiency, BPA is coordinating design over a two-to three year work plan which will result
ROCKY MOUNTAIN POWER'S
MOTION FOR SUMMARY JUDGMENT
8
Company prior to the rate change.
Correspondence between BP A and XRG33 further indicates that, prior to
March 16, 2010, none of the XRG projects had applied for: (1) a Raft River
interconnection agreement;" (2) Raft River Point-to-Point transmission;35 (3) BPA
Point-to-Point transmission:" or (4) Idaho Power Company Point-to-Point
transmission.37 Moreover, until January 5, 2011, XRG did not even know whether
there was a physical transmission path from its project site to Brady Substation.38
IV. Argument
A QF is not entitled to grandfathered rate treatment unless it has: (a) entered
into a power purchase contract before a rate change; or (b) filed a meritorious
complaint for grandfathered rates before rates change.39 A meritorious complaint
must demonstrate that a QF "pursued a contract with diligence and competence, that
it was substantially mature and ready, willing and able to sign a contract and that
in longer lead times to complete projects. BPA is requesting your assistance by requesting you provide
advance notice of at least 3 years and in some cases 5 years for such projects.").
33 XRG refused to answer the Company's Production Request No. 38, which asked whether XRG
controlled rights to transmit its power from its project site to Brady on March 15, 2010. Id. at 4.
34 Id. at 9. XRG originally applied for interconnection directly to BPA. However BPA dismissed
XRG's interconnection applications because XRG failed to pay required fees. See Id. at 3.
35 XRG did not apply to Raft River for interconnection service or transmission service, if at all, before
October 7, 2010. Id. at 12.
36 XRG did not request Point-to-Point transmission service from BPA for the XRG projects until
December 9, 2010, nine months after the rate change. Id. at 13.
37 Id. at 14 (January 5, 2011 email from Craig Hardin (BPA) to Collin Rudeen (XRG) stating "I have
provided you with some contact information below at Idaho Power Transmission to initiate your
wheeling discussions.").
38 Id. at 14 (January 5, 2011 email from Collin Rudeen (XRG) to Craig Harden (BPA) stating "At the
moment we're looking at wheeling these projects to Brady. Outside of actually doing the wheeling
study, do you know if there is a clear pathway to get there? I know there may not be capacity or will
incur expensive upgrades-mostly I'm just wanting to know .if the pathway is there.").
39 A. W. Brown Co., Inc. v. Idaho PUC, 121 Idaho 812, 817 (1992). The Company notes that the
Commission has on occasion made exceptions to the rule that a complaint must be filed prior to the
rate change. See Section IV(C)(l) infra.
ROCKY MOUNTAIN POWER'S
MOTION FOR SUMMARY JUDGMENT
9
'but for' the intransigence of [the utility, the QF] was otherwise entitled and would
have had a power purchase contract prior to [the date the rate changed]. ,,40
There are three reasons the Commission should deny XRG's request for
grandfathered rates. First, XRG's complaint is not meritorious because XRG has not
pursued a contract with diligence and competence. As discussed in Section IV(A)
below, a QF must actively negotiate. At minimum this required XRG to respond to
the draft PPA proposed by the Company. XRG never did so. It is irrelevant that the
parties disagreed on the number of contracts to which XRG was entitled, XRG was
required to actively negotiate at least one contract. It did not. Second, XRG's
complaint is not meritorious because XRG's proposal was fatally immature. As
discussed in Section IV(B) below, XRG did not have transmission agreements or
interconnection agreements necessary to deliver power to the Company's system at
Brady before the rate change. In fact, prior to the rate change XRG had not even
identified a viable plan for interconnecting and wheeling its output to Brady. Third,
XRG's request for grandfathered rates should be denied because XRG filed its
complaint more than four months after rates changed. As discussed in Section IV(C)
below, the Commission's grandfathering criteria and the doctrine of laches both
support the conclusion that a QF should not be allowed to file a complaint for
grandfathered rates so long after a rate change.
40 Island Power I, 1994 Ida. PUC LEXIS 59, *15.
ROCKY MOUNTAIN POWER'S
MOTION FOR SUMMARY JUDGMENT
10
A. Failure to actively ne&Qtiate: On the undisputed facts of this case, XRG did
not perfect its entitlement to grandfathered rates because it did not actively
negotiate the terms of a power purchase agreement.
It is well settled that a QF is not entitled to grandfathered rates unless it has
actively negotiated a power purchase agreement.41 This includes presenting the
purchasing utility with an offer that can be interpreted as a binding commitment to
sell power." In this case, XRG did not actively negotiate. It requested four power
purchase agreements in January 2009. It received a draft agreement in May 2009 and
again in October 2009. It repeatedly indicated it would comment on those draft
agreements. It never did so.
XRG likely will argue that its ability to actively negotiate was frustrated by
the Company's position that it could accept no more than 23 MW ofXRG output at
Brady Substation. However, under the Commission's holding in Island Power Co. v.
Utah Light & Power Co., XRG cannot rely on an impasse regarding whether it was
eligible for one or four agreements to relieve it of the responsibility to actively
negotiate." A QF must actively negotiate even if there is disagreement on a
fundamental element of the proposed transaction. To fulfill this requirement, XRG
41 Island Power II, 1994 Ida. PUC LEXIS 92, *16-17 (order denying reconsideration) ("An expressed
desire to sell does not equate with a commitment to sell. Nor does requesting a draft power purchase
contract. Active negotiation is a prerequisite to qualifying for a contract."); Cogen Power II, Inc. v.
PadfiCorp, !PUC Case No. UPL-E-94-1, Order No. 25638, 1994 Ida. PUC LEXIS 89, *10-11
("Although PacifiCorp has developed a standard form contract, it is reasonable and indeed we have
previously indicated that some negotiation is required before the contract is ready to sign. A standard
form contract provides the foundation for negotiations. To become a final contract it must be
individually tailored by the utility and the QF to match unique project specifics. Of necessity, this
requires active negotiation.").
42 Cogen Power II, Inc. 1994 Ida. PUC LEXIS 89, *12.
43 Island Power II, 1994 Ida. PUC LEXIS 92, *18 (order denying reconsideration) ("To cease
negotiations for failure to reach agreement on the first issue discussed is not to reach agreement on
any issues. To initiate a complaint process at that time may resolve or clarify that particular issue but
certainly doesn't entitle one to a contract." quoting Empire Lumber Co, Order No. 20693).
ROCKY MOUNTAIN POWER'S
MOTION FOR SUMMARY JUDGMENT
11
needed to establish the key terms of the proposed agreement; XRG needed to make
an offer to sell with sufficient specificity as to represent a binding commitment; and
XRG needed to provide the Company with time to understand and evaluate that
offer. XRG accomplished none of these requirements before the rate change.
The facts and holding in Island Power are instructive. Island Power proposed a
4.4 MW hydroelectric project to be built near Dillon, Montana. In May 1993, Island
Power contacted PacifiCorp and requested a power purchase agreement. Island
Power proposed to wheel output to an Idaho point of delivery and to sell net output
at Idaho avoided cost rates. PacifiCorp was willing to buy Island Power's output but
insisted on delivery to PacifrCorp's system in Montana and insisted on paying
Montana rates. Island Power indicated that the project was not viable at Montana
rates and, after a brief attempt to negotiate the issue, filed a complaint with the Idaho
Commission in July 1993.
PacifiCorp immediately moved to dismiss on the grounds that Island Power
could not compel the purchase of Montana generation at Idaho rates. The
Commission disagreed and denied the motion to dismiss. Island Power began
construction of its project in September 1993 and continued to pursue wheeling
arrangements with Montana Power and Idaho Power Company. In December 1993,
PacifiCorp filed for new rates. On January 14, the Commission approved new
avoided cost rates. On January 20, PacifiCorp provided Island Power with a draft
power purchase agreement containing the new (lower) avoided cost rates. Island
Power responded that its project was not viable at the new rates and continued to
pursue a contract at the old rates under its pending complaint.
ROCKY MOUNTAIN POWER'S
MOTION FOR SUMMARY JUDGMENT
12
The case went to hearing and the Commission held that Island Power was not
entitled to grandfathered rates because it had not actively negotiated and made a
specific and binding commitment to sell power to PacifiCorp before the date of the
rate change. The Commission held that PacifiCorp was "entitled to a full
understanding of the project, [and] that the utility must be provided with reasonable
and sufficient opportunity to investigate. "44 Island Power argued that it had provided
PacifiCorp with all information specifically requested and that if the utility had
needed additional information it should have asked for it. The Commission rejected
this argument stating:
Although we require and expect that the utility will negotiate in good
faith with QFs, a QF must recognize that the utility is not entering into
a truly "discretionary contract." A QF must therefore assume the
responsibility for initiating and pursuing negotiations, for developing
and perfecting its entitlement to a contract. That responsibility cannot
be shifted to the utility .45
Island Power requested reconsideration of the Commission's order denying
grandfathered rates. On reconsideration the Commission refused to · award
grandfathered rates. The Commission made it clear that a QF cannot obtain
grandfathered rates by requesting a power purchase agreement and then relying on a
dispute with the utility as an excuse for not fully negotiating an agreement before
rates change. The Commission stated:
As this Commission has previously indicated, eligibility is to be
distinguished from entitlement. Island Power has not shown that it
was "otherwise entitled", that it had perfected its entitlement, that it
has perfected its rights. Its pursuit of a contract was still in progress
and had not reached the stage where terms were sufficiently known so
it was ready, willing and able to sign a contract. It had not presented
44 Island Power I, 1994 Ida. PUC LEXIS 59, *16-17.
45 Id. at *17.
ROCKY MOUNTAIN POWER'S
MOTION FOR SUMMARY JUDGMENT
13
PacifiCorp with any offer that could be interpreted as a binding
commitment to sell power to PacifiCorp. An expressed desire to sell
does not equate with a commitment to sell. Nor does requesting a draft
power purchase contract. Active negotiation is a prerequisite to
qualifying for a contract.
As we indicated in Empire,
To cease negotiation for failure to reach agreement on the
first issue discussed is to not reach agreement on any issues.
To initiate a complaint process at that time may resolve or
clarify that particular issue but certainly doesn't entitle one to
a contract. 46
The Commission's decision in Island Power makes it clear that a QF must
actively negotiate a power purchase agreement and must clarify the specific terms of
a deal and manifest an enforceable commitment to sell prior to a rate change in order
to establish entitlement to grandfathered rates. A QF is not entitled to cease
negotiations merely because the parties disagree on a key term. Filing a complaint to
resolve the dispute is not enough, even if the complaint is filed before the rate
change. The QF has an obligation to actively pursue negotiations notwithstanding a
dispute and to bring negotiations to a level of maturity where the utility has had an
adequate opportunity to understand the QF's proposed terms and to conduct
necessary due diligence prior to the rate change.47 By failing to respond to the
46 Island Power II, 1994 Ida. PUC LEXIS 92 at *16-18 (order denying reconsideration, emphasis
added).
47 Id. at *17-18; see also, Cogen Power II, Inc, 1994 Ida. PUC LEXIS 89, *12 ("We ... find that prior
to ... [the rate change the QF] never committed itself .... The initial letter request in this case cannot be
interpreted as a firm, binding commitment.. .. Even if we found such a commitment, however, it
would not eliminate the requirement of active negotiation or dispense with a reasonable time for the
utility to conduct necessary investigation, review, clarification and verification of QF representations
and project specifics. Realistically, it is only after active negotiation and/or a reasonable period for
utility investigation and response that an otherwise eligible QF can expect to obtain a power purchase
contract, that a QF can establish a basis for proving entitlement toa contract and a lock-in of avoided
cost rates.").
ROCKY MOUNTAIN POWER'S
MOTION FOR SUMMARY JUDGMENT
14
Company's draft power purchase agreement or otherwise actively negotiate, XRG
failed to timely establish its entitlement to grandfathered rates.
B. Immature proposal: As of the date of the rate change, XRG's plans to
interconnect and transmit output to the Company's system were insufficiently
mature to est.ablish entitlement to grandfathered rates.
In Portland General Electric Co. v. Oregon Energy Co., 48 the Public Utility
Commission of Oregon ("OPUC") recognized that where a QF proposes to
interconnect to one utility and wheel its output to a second utility, it must obtain a
wheeling agreement before becoming eligible for a PURP A contract from the second
utility. The OPUC's holding had two bases. First, it reasoned that a QF has not
adequately abandoned its right to sell to intervening utilities-and hence has not
obligated itself to sell to the purchasing utility-until the QF enters into a wheeling
agreement with the intervening utilities.49 Second, the OPUC reasoned that
transmission across intervening utilities that are not directly subject to FERC Order
No. 888 (e.g. public utility districts and electric cooperatives that have not filed an
Open Access Transmission Tariff) cannot be taken for granted and that the QF must
obtain a transmission agreement as a prerequisite to obligating itself and the
purchasing utility to a QF power purchase arrangement."
Both of the OPUC's rationales in Oregon Energy apply equally well to XRG.
Unless and until XRG signs a wheeling agreement with Raft River Electric
Cooperative ("Ra.ft River"), it has not relinquished its right to make Raft River
48 OPUC Docket No. UC 315, Order No. 98-238 (1998), 1998 Ore. PUC LEXIS 204 (order denying
reconsideration).
49 Id. at*l7-19.
so Portland General Electric Co. v. Oregon Energy, OPUC Docket No. UC 315, Order No. 98-055, 1998
Ore. LEXIS 131, *19-21, reams. denied, Order No. 98-238, 1998 Ida. PUC LEXIS 204.
ROCKY MOUNTAIN POWER'S
MOTION FOR SUMMARY JUDGMENT
15
purchase its output. And XRG cannot take for granted that Raft River (which is not
a "public utility" subject to FERC Order No. 888's mandatory open access
requirements) will agree to interconnect XRG and wheel its output to another
utility." In other words, neither the Company nor XRG nor the Commission can
safely assume that securing transmission and interconnection rights for an indirectly
connected QF is feasible until all non-OAIT interconnections and transmission
services have been contractually secured. XRG's difficulties in securing transmission
for its projects, documented in Exhibit B (pages 9-22), aptly illustrate why it is
reasonable for the Company to require a demonstration of transmission rights to
deliver output to the Company's system, and why the Commission should adopt the
holding in Oregon Energy. Moreover, as the OPUC recognized in Oregon Energy, XRG
has not relinquished its right to compel Raft River to purchase project output until
XRG executes a wheeling agreement with Raft River. XRG cannot be said to have
obligated itself and the Company when it has not abandoned its right to sell to Raft
River.
If the Commission declines to follow the Oregon Energy holding, it may still
find that XRG's lack of interconnection and transmission rights prevented it from
perfecting its entitlement to pre-March 16, 2010 rates as a matter of existing Idaho
law. The Commission has consistently held that a QF is not entitled to grandfathered
rates merely because it expresses a desire to sell prior to the rate change.52 As the
51 Oregon Energy, OPUC Order No. 98-055, 1998 Ore. LEXIS 131, *20 ("FERC has recognized that it
lacks authority to require nonpublic utilities to file open access tariffs. As a people's utility district,
CRPUD is a nonpublic utility and is therefore not subject to FERC authority" (internal citation
omitted)).
52 Island Power II, 1994 Ida. PUC LEXIS 92 at *17 (order denying reconsideration).
ROCKY MOUNTAIN POWER'S
MOTION FOR SUMMARY JUDGMENT
16
Commission noted in Island Power II: "Entitlement to rates under a 'legally
enforceable obligation' carries with it a concomitant QF obligation to provide
sufficient assurances that the energy or capacity will in fact be delivered, a requisite
mutuality of obligation.':" As of March 16, 2010, XRG's efforts to establish the
terms of a contract were still in progress and XRG was far from having reached the
stage where terms were sufficiently known so that XRG was ready and able to sign a
contract. In fact, XRG still does not have an interconnection agreement or wheeling
agreement with Raft River. XRG does not know if capacity exists on BP A's system.
If capacity does not exist, XRG has been notified by BPA that upgrades may take 3-5
years to implement. XRG does not know if capacity exists on Idaho Power
Company's system. XRG does not know what required interconnection facilities and
system transmission upgrades will cost. In sum, XRG has not established that its
interconnection and transmission plan is contractually, technically, or economically
feasible. XRG was not ready or able in March 2010, indeed is not ready or able
today, to commit to sell power to the Company.
The Idaho Supreme Court has recognized that PURP A does not entitle a QF
to an option to sell power." But an option is exactly what XRG was seeking. How
else can one reasonably explain the fact that XRG's lead project engineer did not
know until January 5, 2011-ten months after it claims it was willing to obligate
itself to deliver power to Brady commencing June 2011-that BP A does not even
SJ Id.
54 Empire Lumber Co. v. Washington Water P<JWer, 114 Idaho 191, 194 (1987) ("We deem it clear that the
intent of PURP A is not to require an electric utility company to enter into a contract to purchase
electrical power from an entity which in essence only desires to obtain an option to sell some amount
of electrical power to be generated at some plant of unknown size or capacity.")
ROCKY MOUNTAIN POWER'S
MOTION FOR SUM1v1ARY JUDGMENT
17
deliver to Brady, and that XRG will have to obtain and pay for three wheels to deliver
output to Brady? If XRG really believed it was securing more than an option, it
would not have waited until 2011 to figure out whether delivering output from its
project site to Brady was even possible. Given the immature status of XRG's
interconnection and transmission arrangements, the Commission may conclude, as a
matter of law, that XRG is not entitled to grandfathered rates.
C. Late complaint: XRG waited too long to file its complaint, and therefore is
not entitled to grandfathered rates.
1. XRG fails the bright-line test of A. W. Brown Co.
In considering QF requests for grandfathered rate treatment, the Commission
requires that a QF either; (a) enter into a power purchase contract with the utility
prior to a rate change, or (b) file a meritorious complaint for grandfathered rates
before rates change. The Idaho Supreme Court approved the Commission's use of
this "bright-line test" in A. W. Brown Co. v. Idaho Power Co.55 This bright line test is an
effective means to establish predictability in QF PP A negotiations and to minimize
legal disputes regarding grandfathered status.
Because XRG did not sign a PP A or file a timely complaint, the Commission
can reject XRG's request for grandfathered rates under the bright-line test of A. W.
Brown. XRG will argue, correctly, that the Commission has not monolithically
applied the bright-line test. Nevertheless, the Company urges the Commission to
embrace the bright-line test by finding that XRG's complaint does not qualify for
either of the exceptions to the bright-line test previously recognized by the
Commission.
ss 121 Idaho 812, 817 (1992).
ROCKY MOUNTAIN POWER'S
MOTION FOR SUMMARY JUDGMENT
18
In Blind Canyon Aquarancb Inc. v. Idaho Power Co.,56 the Commission did not
apply the bright-line test where the utility filed to reduce avoided cost rates and did
not give the QF immediate notice of the filing, even though the QF and the utility
were in the final phase of contract negotiations. This exception clearly does not apply
in the XRG case because, although there was a rate change, the Company did not
initiate the change and the Company forwarded notice of the impending change to
XRG's attorney as soon as the Company became aware of the proposed rate change.
In Earth Power v. Washington Water Power Co,57 the Commission found a
meritorious complaint even though the QF filed its complaint two days after rates
had changed. The Earth Power exception appears to be an act of leniency on the part
of the Commission, where the QF was barely late in filing. In contrast, XRG did not
come close to meeting the Commission's bright-line test. Even though XRG
contacted the Company to request grandfathered status on March 11 and March 12,
2009-thereby demonstrating XRG's awareness of the pending rate change-it
waited over four months after the rate change before filing its complaint. The "barely
late" exception in Earth Power should not excuse XRG's gross tardiness.
XRG has not alleged facts that, if true, would justify any recognized
exception to the bright-line test. XRG filed its complaint on July 29, 2010, over four
months after the March 16, 2010 rate change. XRG has identified no reason why it
was unable to file a complaint prior to March 16, 2010. XRG is an experienced
56IPUC Case No. IPC-E-94-1, Order No. 25802, 1994 Ida. LEXIS 147.
s, IPUC Case No. WWP-E-96-6, Order No. 27231 (1997). The utility applied for a rate change and
essentially refused to honor the then-current rates pending the rate change. In the month prior to the
rate change and after significant prior negotiation, the QF developer twice sent the utility written
offers to enter into PP As at the then-current rates. The utility refused the offers and instead insisted on
a PPA that used the rates the utility had applied for but that had not yet gone into effect.
ROCKY MOUNTAIN POWER'S
MOTION FOR SUMMARY JUDGMENT
19
developer with expert PURPA legal counsel. Its actions in early March 2010
demonstrate that no later than March 12, 2010, it was aware that a rate change was
pending. Excusing XRG from a QF's duty to file a complaint before rates change
would encourage lax behavior and unfairly burden the Company's customers with
70 MW of capacity at a price well above the Company's current avoided cost. Under
the bright line test of A. W Brown, because XRG failed to fully negotiate and execute
a PPA or file a complaint while the rates in Order No. 30744 were in effect, the
Commission can find that XRG is not eligible to receive those rates as a matter of
law.
2. In the alternative, XRG's claim that it is entitled to grandfathered rates is
barred by laches.
Laches is a longstanding equitable doctrine with continuing vitality, as
recognized recently by the Idaho Supreme Court:
The defense of laches is a creation of equity and is a species of
equitable estoppel. Huppert v. Wolford, 91 Idaho 249, 420 P.2d 11
(1966). Whether a party is guilty of laches primarily is a question of
fact and therefore its determination is within the province of the trial
court. Id. The decision to apply laches is committed to the sound
discretion of the trial court. Id. Because application of laches is
discretionary, the standard of review on appeal is whether the trial
court properly found (1) a lack of diligence by the party against whom
the defense is asserted, and (2) prejudice to the party asserting the
defense. Preservation Coalition, Inc. v. Pierce, 667 F.2d 851, 854 (9th Cir.
1982).58
The Commission has equitable power to deny XRG's requested relief if: (1) XRG did
not diligently pursue its claim, or its underlying rights thereto; and (2) the Company
was prejudiced as a result.
58 Sword v. Sweet, 140 Idaho 242, 249 (2004).
ROCKY MOUNTAIN POWER'S
MOTION FOR SUMMARY JUDGMENT
20
a. XRG was not diligent.
XRG has known since March 2009 that the Company would not accept more
than 23 MW at Brady Substation but XRG took no action until July 29, 2010. On
March 23, 2009, the Company first informed XRG that it could only accept 23 MW
at Brady.59 The Company reaffirmed its position that it would not accept more than
23 MW, on May 11, 2009.60 An October 2, 2009 email from Company manager
Bruce Griswold left no room for doubt that the Company was not willing to
purchase output from XRG unless XRG agreed to pay any costs above those that
would arise from delivering to a non-constrained portion of the Company's system:
As I mentioned, PacifiCorp estimates that the available transmission
capacity in its current configuration at Brady can only accept
approximately 20 to 25 MW of new generation on a firm basis.***
If PacifiCorp does have an obligation to accept output at Borah
and Brady, PacifiCorp will expect you to pay for all resulting
interconnection costs including network upgrades (either through an
adjustment to avoided costs or through payment to PacifiCorp
Transmission) such that the ultimate cost to PacifiCorp's customers is
not greater than the cost avoided by PacifiCorp not constructing or
purchasing an equivalent resource located on a nonconstrained portion
of its system. See 18 C.F.R. §§ 292.101(b)(7)), 292.306(a). Again, if
you disagree with this principle I urge you to explain your position and
basis therefore.61
XRG still made no indication that it wanted to take the matter to the Commission to
resolve. Even when XRG knew that the rates were about to change, it chose not to
file a complaint with the Commission. It did not finally file its complaint until July
59 Exhibit A at 111 ("Based on your proposed delivery point to the Borah substation, we only have
import capabilities to our Utah system to serve load from Brady on a firm basis of 23 MW total. Based
on your requests, we can accommodate a single 20MW project.").
60 Id. at 143 ("Per our last communication (attached), we indicated PacifiCorp does not have sufficient
transmission at Borah or Brady to accept any project greater than 23MW and you selected one
project, XRG-DP 10, that would be developed into a PPA. ").
61 Id. at 209.
ROCKY MOUNTAIN POWER'S
MOTION FOR SUMMARY JUDGMENT
21
29, 2010-more than four months after the March 16, 2010 rate change.62 Waiting
more than 16 months to complain about an allegedly improper act by the Company
is not diligent.
b. The Company was prejudiced by XRG's non-diligence.
The Company was surprised when it was served with XRG's complaint so
long after avoided cost rates had changed. This four-month lapse between the time
rates changed and the time XRG filed suit is, in the Company's experience,
unprecedented for a QF seeking grandfathered rate treatment, and it is prejudicial to
both the Company and the Commission. The Company recognized, in Mr.
Griswold's October 2 email to Mr. Carkulis that XRG's application raised novel
legal issues regarding the relative responsibilities of XRG and the Company.63 But
assuming arguendo that those issues are still unresolved, the Company does not
believe that XRG should be eligible to receive grandfathered rates where it had
neither an executed agreement nor a pending meritorious complaint prior to March
16, 2010. Such a result would be unfair to the Company because, if avoided cost
rates had increased on March 16, 2010, XRG would have had a right to seek the
higher rates." In other words, allowing XRG to reach back to pre-March 16, 2010
rates would give it the option to sue for the pre- or post-March 16, 2010 rate,
62 XRG and the Company disagree whether, during a telephone meeting held November 10, 2010,
there was a consensus that transmission issues affecting XRG would be resolved by June 2011. The
parties agree, however, that XRG did not contact the Company again until March 11, the day after
the Company forwarded XRG's attorney a March 10 notice to the Company from Commission staff
indicating that avoided cost rates might soon change. See Exhibit A at 289.
63 Exhibit A at 209 ("These projects from both large and small qualifying facilities, raise several legal
and technical questions for which PacifiCorp currently is seeking answers. PacifiCorp has indicated it
can accept a single standard Idaho QF project at Brady and provided a draft PPA on May 11, 2009
that incorporated all Idaho orders through that date.")
64 Because XRG never bound itself to the pre-March 16, 2010 rates, it was free to seek and receive the
post-March 16, 2010 rates.
ROCKY MOUNTAIN POWER'S
MOTION FOR SUMMARY JUDGMENT
22
depending on which rate happened to be higher. This result would be harmful to the
Company and its customers because, as a consequence, QFs would always receive
the higher rate.
V. Conclusion
WHEREFORE, Rocky Mountain Power respectfully requests that the
Commission find that there are no genuine issues of material fact and that Rocky
Mountain Power is entitled to summary judgment as a matter of law, and requests
that the Commission deny the relief sought in XRG's complaint.
Dated this� day of February 2011.
Respectfully submitted,
ac'� USB 2284
Daniel E. Solander USB 11467
Rocky Mountain Power
Jeffrey S. Lovinger, OSB 960147
Kenneth E. Kaufmann, OSB 982672
Lovinger Kaufmann LLP
Attorneys for Rocky Mountain Power
ROCKY MOUNTAIN POWER'S
MOTION FOR SUMMARY JUDGMENT
23
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that, on the 4th day of February, 2011, I served a true and
correct copy of the foregoing ROCKY MOUNTAIN POWER'S MOTION FOR
SUMMARY .JUDGMENT in Case No. PAC-E-10-08 on the following named
persons/entities by U.S. Priority Mail, properly addressed with postage prepaid:
Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472 W Washington Street
Boise, ID 83702-5983
(U.S. Priority Mail)
Mark C. Moench
Rocky Mountain Power
20 I South Main Street, Suite 2300
Salt Lake City, UT 84111
(U.S. Priority Mail)
Daniel E. Solander
Rocky Mountain Power
201 South Main Street, Suite 2300
Salt Lake City, UT 84111
(U.S. Priority Mail)
Peter J. Richardson
Richardson & O'Leary, PLLC
PO Box 7218
Boise, ID 83707
(U. S. Priority Mail)
Gregory M. Adams
Richardson & O'Leary, PLLC
PO Box 7218
Boise, ID 83 707
(U.S. Priority Mail)
DATED this !/..!.:day of February, 2011.
LOVINGER KAUFMANN LLP
Attorney for Rocky Mountain Power
,..... ,..c ,, ,-· ..... 1.,,_ ,.,'-'J I\,._. J'- . •
20rt FEB - 7 PM 2: r I
IDM!'..i I·_. : •. , UTIUTl�S CCJid,dS81t);•i
XRG-DP-7, XRG-DP-8, XRG-DP-9, XRG-DP-10,
LL Cs,
Complainant,
Case No. PAC-E-10-08
EXHIBIT A AND EXHIBIT B TO
v. ROCKY MOUNTAIN POWER'S
MOTION FOR SUMMARY
PACIFICORP, OBA ROCKY MOUNTAIN POWER, JUDGMENT
Defendant.
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
EXHIBIT A
Exhibits A-0 through A-25
Exhibit A, Page 1 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
EXHIBIT A-0
XRG's Response to Rocky Mountain Power's Production Request No. 2.
Exhibit A, Page 2 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion fOf SUmma,y Judgment
"
Exhibit A, Page 3 of 301 Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
tltODUCTION REQUEST NO. 2
Refer to Exhibit A to this Production Request, containing all written correspondences between
Rocky Mountain Power and XRG between January 2 I, 2009 and July 29, 2010 (the date of
XRG's Complaint) regarding XRG's PPA request for the XRG projects. Does XRG
acla!owledge that it. either sent or received each of the correspondences contained therein? If
not. please note any i• did not send.or receive. Please provide a copy of any correspondence between XRG and 'Rocky Mountain 'Power during that period that is not al_ready inclu� in
Exhibit A.
XRG RESPONSE TO REQUEST NO. 2
XRG acknowledges that it either sent or received each of the correspondences contained in Exhibit A. XRG is aware of no additional written correspondences between.� part,i�.
XRG'ResP.O,QSCS to Rocky M�tain
'POMr' First Production �ue� -
2
Exhibit A, Page 4 of 301
Case No. PAC-E-10-08
Rocky Mountain Powe(s Motion for Sunvnary Judgment
Exhibit A, Page 5 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
EXHIBIT A-1
to
EXHIBIT A-25
In Rocky Mountain Power's Production Request No. 2 to XRG, Rocky Mountain
Power asked XRG to confirm that Exhibit A to Production Request No. 2 contained
all written correspondence between Rocky Mountain Power and XRG between
January 21, 2009 and July 29, 2010. XRG confirmed this to be true in its response to
Production Request No. 2. See Exhibit A-0, supra. Except for the addition of a header
and page numbering, the following Exhibits A-1 through A-25 are unchanged from the
Exhibit A provided to XRG with Production Request No. 2.
Exhibit A. Page 6 of 301
Case No. PAC-E-10--08
Rocky Mountain Powe(s Motion for Summary Judgment
XRG-DP-7, XRG-DP-8, XRG-DP-9,
XRG-DP-10, LLCs,
Complainant,
v.
PACIFICORP, DBA ROCKY MOUNTAIN
POWER,
Defendant.
Exhibit A, Page 7 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
)
) Case No. PAC-E-10-08
)
) EXIDBIT A TO ROCKY MOUNTAIN
) POWER'S FIRST PRODUCTION
) REQUEST TO THE XRG LLCs
)
)
)
Written correspondence from between January 21, 2009 and July 28, 2010 between
XR.G-DP-7, LLC, XR.G-DP-8, LLC, XRG-DP-9, LLC, and XR.G-DP-10, LLC
(collectively "XRG") and PacifiCorp Commercial & Trading ("PacifiCorp C&T")
regarding the XR.G wind projects.
ExhibitA-1
ExhibitA-2
ExhibitA-3
ExhibitA-4
ExhibitA-5
ExhibitA-6
ExhibitA-7
Exhibit A-B
ExhibitA-9
Exhibit A-10
Exhibit A-11
Exhibit A-12
Exhibit A-13
Exhibit A-14
Exhibit A-15
Exhibit A-16
ExhibitA-17
Exhibit A-18
Exhibit A-19
Exhibit A-20
ExhibitA-21
Exhibit A-22
January 21, 2009 email with attached letter from Peter Richardson, attorney
forXRG.
January 21, 2009 email with attached letter from Peter Richardson.
January 21, 2009 email with attached letter from Peter Richardson.
January 21, 2009 email with attached letter from Peter Richardson.
January 22, 2009 email from Peter Richardson.
January 22, 2009 email with attachments from Collin Rudeen, Lead Project
Engineer, Exergy Technology Concepts.
January 23 to February 17, 2009 email exchange between James Carkulis,
Manager of XRG, Collin Rudeen, and Bruce Griswold, Director of Short-Term
Origination and QF Contracts, PacifiCorp C&T.
February 25, 2009 email exchange between James Carkulis and Bruce
Griswold.
March 23, 2009 email from Bruce Griswold.
April 1, 2009 email from James Carkulis.
April 1, 2009 email from Bruce Griswold.
April 17, 2009 email from James Carkulis.
April 17 to April 18, 2009 email exchange between James Carkulis and Bruce
Griswold.
May 11, 2009 email from James Carkulis.
May 11, 2009 email with attachments including draft power purchase
agreement from Bruce Griswold.
May 12, 2009 email from James Carkulis.
July 6, 2009 email from James Carkulis.
September 18, 2009 email from James Carkulis.
October 2, 2009 email with attachments including draft power purchase
agreement from Bruce Griswold.
October 5, 2009 email from James Carkulis.
October 5 to October 13, 2009 email exchange between James Carkulis and
Bruce Griswold.
October 27 to November 9, 2009 email exchange between Bruce Griswold and
Exhibit A, Page 8 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Exhibit A-23
Exhibit A-24
Exhibit A-25
James Carkulis.
March 11, 2010 email from James Carkulis.
March 12, 2010 email with attachment from Peter Richardson.
April 13, 2010 letter from Ken Kaufmann. attorney for Rocky Mountain Power.
Exhibit A, Page 9 of 301
Case No. PAC-E-10-08
Rocky Mountain Powel's Motion for Summary Judgment
Case: PAC-E-10-08
Exhibit A to Rocky Mountain
Power's First Production
Request to XRG
EXHIBIT A-1
January 21, 2009 email with attached letter from Peter Richardson, attorney for
XRG.
Exhibit A, Page 10 of 301
Case No. PAC-E-10-08
Rocky Mountain Powe(s Motion for Summary Judgment
Exhibit A, Page 11 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Griswold, Bruce {Mkt Function}
From: Sent: To: Subject:
Attachments:
Docurnentpdf (3
MB)
Peter Richardson [[e-mail]] Wednesday, January 21, 2009 2:59 PM Griswold, Bruce {Mkt Function}; Younie, John
FW: Jack Ranch Wind Park, LLC
Document.pdf
Bruce and John:
I hope you had nice holidays. Now it is back to work. Attached please
find a request for a QF contract for the 78 MW Jack Ranch Wind Park,
LLC. This is a larger that 30 average monthly MW project that will need
for you to run the lRP methodology. Please give me a call if you have
any questions. Also, I will have a couple more for you today.
Thanks, -Pete
Peter Richardson
Richardson & O'Leary
515 N. 27th Street
Boise, Idaho 83702
[phone]
---Original Message--
From: [e-mail]
[ mailto:[e-mail]]
Sent: Wednesday, January 21, 2009 3:2i PM
To: Peter Richardson
Subject: Jack Ranch Wind Park, LLC
1
;,
Exhibit A, Page 12 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
..
�ON��.PUC
ATTOaM1rs AT LAY
Peter Richardson
Tclt 201-'31-7901 Fas: 20,.931.790•
p<r•r•r•c••r,l,oua,lolcary.co,.
P.O. 8os nlS Boise, ID 13707 - SIS N. 27� S; loik, ID 8'702
January 21, 2009
Bruce Griswold
John Younie
825 NW Multnomah
Portland, Oregon 97232
Via overnight delivery
Re: PURPA Contract for Jack Ranch Wind Park, LLC
Dear Bruce and John:
Please consider this formal request for an Idaho jurisdictional non-standard rate twenty
year QF agreement with non-levelized rates. The project will produce more than 30
average monthly MW and should therefore qualify for the Idaho PUC's approved rate
methodology using the Company's IRP.
The first operation date is December 31, 2010.
The project is located in Twin Falls County, Idaho. Estimated production data and a
legal description of the project's location are attached for your review. Also attached is a
copy of the FE.RC Notice of Self Certification for this project, which together with the
map and production data should be sufficient for you to provide my client with a power
purchase agreement. Because the project will be interconnect with Idaho Power facilities
and deliver to your Brady Substation in Southern Idaho, there is no need for us to engage
Rocky Mountain Power for an interconnection agreement.
Thank you for your prompt response and please give me a call if you have any questions.
Sincerewly: ;J •') l '!? v � l _ /k.t 4t&<_O'Z-t-�
Pete Richardson
Attorney for Jack Ranch Wind Park, LLC
Exhibit A, Page 13 of 301
Case No. PAC-E-10--08
Roclcy Mountain Power's Motion for Summary Judgment
Land Description: Jack Ranch Wind Park,
LLC - Hills.
Twin Falls County, Idaho -Township 145, Range 16E
Section 26
Section 29
Section 32
Section 33
Section 34
Twin Falls County, Idaho - Township 15S, Range 16E
Secti.on 3
Section 4
Sections
Section 8
Section 9
Section 10
Section 14
Section 15
Section 17
Section 20
Section 21
Section 22
Section 23
Section 27
Section 28
Section 29
Section 33
0�N�v�����o�Nnv����mo�Nn� .-�..-.T- .-r T""" r .,-yw NC\INNIC � 1
Exhibit A, Page 15 of 301
Case No. PAC-E-10--08
Rocky Mountain Power's Motion for Summary Judgment
Form Approved
OMB Control No. 1902--0075
Expires 7 /31!1.009
FERC Form No. 556
18 C.F.R. § 131.80
CERTIFICATION OF QUALIFYING F ACILI1Y STATUS FOR AN EXISTING OR A
PROPOSED SMALL POWER PRODUCTION OR COGENERATION FACILITY
INFORMATIONABOUfCOMPLIANCE
Compliance with th.e information collection requirements established by the FERC Form No. 556 is
required to obtain and maintain status as a qualifying facility. See 18 C.F.R. § 131.80 and Part 292.
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
SUBMITTING COMMENTS ON PUBLIC REPORTING BURDEN
The estimated burden for completing FERC Form No. 556, including gathering and reporting
information, is 4 hours for self-certifications and 38 hours for applications for Commission
certification. Send comments regarding this burden estimate or any aspect of this collection of
information, including suggestions for reducing this burden, to the following: Michael Miller, Office
of the Executive Director (ED-34), Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, OC 20426;·and Desk Officer for FERC, Office of Information and Regulatory Affairs,
Office of Management and Budget, Washington, OC 20503 ([e-mail]:gov). lnclude the Control No. 1902-0075 in any correspondence.
GENERAL INS1RUCTIONS
Complete this form by replacing bold text below with responses to each item, as required.
PART A: GENERAL INFORMATION TO BE SUBMITIED BY ALL APPLICANTS
la. Full name of applicant: [Note: Applicant is the' legal entity submitting this form, not the
individual employee making the .filing. Generally, the Applicant win be a company, corporation or
organization, unless the facility is owned directly by an individual or individuals.]
Jack Ranch Wind Park, LLC
Docket Number assigned to the immediately preceding submittal filed with the
Commission in connection with the instant facility, if any:
None
Purpose of instant filing (self-certification or self-recertification [18 C.F.R. §
292.207(aX1)], or application for Commission certification or recertification [18 C.F.R
§§ 292.207(b) and (dX2)]):
Self-certification
ExhibitA, Page 16 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
FERC Form No. 556
1 b. Full address of applicant:
Jack Ranch Wind Park, LLC
c/o Richardson & O'Leary, PLC
515 N. 27th St.
Boise, Idaho 83702
Attn: Peter Richardson
Jack Ranch Wind Park, LLC
c/o Exergy Development Group of Idaho, LLC
802 W Bannock, Ste 1200
Beise, ID 83702
Attn: James Carkulis
Page 2 of 10
le. Indicate the owner(s) of'the facility (including the percentage of ownership held by
any electric utility or electric utility holding company, or by any persons owned by either) and the operator of the facility.
Jack Ranch Wind Park, LLC is wholly owned by Exergy Development Group
of Idaho, LLC. Exergy Development Group, LLC is not an electric utility or
electric utility holding company and is not owned by either. The percentage
ownership held by the direct owner that is an electric utility or electric utility
holding company, is zero.
Jack Ranch Wind Park, LLC will be the operator of the facility
Additionally, state whether or not any of the non-electric utility owners or their upstream
owners are engaged in the generation or sale of electric power, or have any ownership or
operating interest in any electric facilities other than qualifying facilities.
Other than owning and operating other qualifying facilities the owner of Jack
Ranch Wind Park, LLC is not engaged in the generation or sale of electric
power.
In order to facilitate review of the application, the applicant may also provide an
ownership chart identifying the upstream ownership of the facility. Such chart should
indicate ownership percentages where appropriate.
1 d. Signature of authorized individual evidencing accuracy and authenticity of
information provided by applicant: [Note: A signature on a filing shall constitute a certificate that
{I) the signer has readthe filing and knows its contents; (2) the contents are true as stated, to the best
FERC Form No. 556
Exhibit A, Page 17 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 3 of 10
knowledge and belief of the signer; and (3) the signer possesses full power and authority to sign the filing. A person submitting a self -certification electronically via eFiling may use typed characters representing their name to show that the person has signed the document. See 18 C.F.R. § 385.2005.)
James T. Carkulis
2. Person to whom communications regarding the filed information may be addressed:
Name: Peter Richardson
Title: General Counsel
Telephone number: .(208) 938.-7901
Mailing address: 515 N. 27•1a St., Boise, Idaho 83702
3a. Location of facility to be certified:
State: Idaho
County: Twin Falls
City or town: Rogerson
Street address (if known): NIA
3b. Indicate the electric utiJities that are contemplated to transact with the qualifying
facility (if known) and describe the services those electricutilities are expected to
provide:
Idaho Power Company possible purchaser
Idaho Power Company possible transmission entity
A vista Utilities possible purchaser
Rocky Mountain Power possible purchaser
Indicate utilities interconnecting with the facility and/or providing wheeling service [18
C.F.R. §§ 292.303(c) and (d)]:
Idaho Power Company
Indicate utilities purchasing the useful electric power output [18 C.F .R §§ 292.10l(b)(2),
292.202(g) and 292.303(a)):
Exhibit A, Page 18 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
FERC Form No. 556
Idaho Power Company
Avista Utilities
Page4 oflO
Indicate utilities providing supplementary power, backup power, maintenance power,
and/or interruptible power service (18 C.F.R §§ 292.10l(b){3), (b)(8), 292.303(b) and
29230S(b)]:
Idaho Power Company
4a. Describe the principal components of the facility including boilers, prime movers and
electric generators, and explain their operation. Include transmission lines, transformers
and switchyard equipment, if included as part of the facility.
·The facility shall consist of approximately forty-four Vestas V90 turbines,
which 'have nameplate capacity of 1.8 MW each.
4b. Indicate the maximum gross and maximum net electric power production capacity of
the facility at the point(s) of delivery and show the derivation. [Note: Maximum gross output
is the maximum amount of power that the facility is able to produce, measured at·the terminals of the
generator(s). Maximum net output is maximum gross output minus (I) any auxiliary load for devices that
are necessary and integral to the power production process (fans, pumps, etc.), and (2) any losses incurred
from the generator(s) to the point of delivery. If any electric power is consumed at the location of the QF
( or thermal host) for purposes not related to the power production process, such power should not be
subtracted from gross output for purposes. of reporting maximum net output here.]
Gross output: 78 MW
Net output: 78 MW
Derivation ( assumptions about losses, auxiliary load or lack thereof, and calculati.on of
gross and net output):
No losses or auxiliary load.
4c. Indicate the actual or expected installation and operation dates of the facility, or the
actual or expected date of completion of the reported modification to the facility:
June,2011
4d. Describe the primary energy input ( e.g., hydro, coal, oil [ 18 C.F .R. § 292 .202(1) ],
natural gas [18 C.F.R. § 292202(k)], solar, geothermal, wind, waste, biomass [18 C.F.R.
§ 292.202(a)], or other). For a waste energy input that does not fall within one of the
FERC Form No. 556
Exhibit A, Page 19 of 301
Case No. PAC-E-10.08
Rocky Mountain Power's Motion for Summary Judgment
Page 5 of 10
categories on the Commission's list of previously approved wastes, demonstrate that such
energy input bas little or no current commercial value and that it exists in the absence of
the qualifying facility industry [18 C.F.R § 292.202(b)].
Wind
5. Provide the average annual hourly energy input in terms of Btu for the following fossil
fuel. energy inputs, and provide the related percentage of the total average· annual hourly
energy input to the facility [18 C.F.R § 292.2020)]. For any oil or natural gas fuel, use
lower heating value [18 C.F.R § 292.202(m)]:
Natural gas: None
Oil: None
Coal (applicable only to a small power production facility): None
6. Discuss any particular characteristic of the facility which the cogenerator or small
power producer believes might bear on its qualifying status.
None
PART B: DESCRIPTION OF THE SMALL POWER PRODUCTION FACILITY
Items 1 and 8 only need to be answered by applicants seeking certification as a small power
production facility. Applicants for certification as a cogeneration facility may delete Items 7 and 8
from their application, or enter"N/A" at both items.
7. Describe how fossil fuel use will not exceed 25 percent of the total annual energy input
limit [18 C.F.R §§ 292.2020) and 292.204(b)]. Also, describe how the use of fossil fuel
will be limited to the following purposes to conform to Federal Power Act section
3{17)(B): ignition, start-up, testing, flame stabilization, control use, and minimal amounts
of fuel required to alleviate or prevent unanticipated equipment outages and emergencies
directly affecting the public.
NIA
8. If the facility reported herein is not an eligible solar, wind, waste or geothermal
facility, and if any other non-eligible facility located within one mile of the instant
facility is owned by any of the entities (or their affiliates) reported in Part A at item le
above and uses the same primary energy input, provide the following information about
the other facility for the purpose of demonstrating that the total of the power production
Exhibit A, Page 20 of 301
Case No. PAC-E-10..08
Rocky Mountain Powe(s Motion for Summary Judgment
FERC Form No. 556 Page 6 of 10
capacities of these facilities does not exceed 80 MW [18 C.F.R § 292.204(a)J: [See
definition of an "eligible facility" below. Note that an "eligible facility' is a specific type of small power production facility that is eligible for special treatment under the Wind, Waste and Geothermal Power
Production Incentives Act of 1990, as subsequently amended in 1991, and should not be confused with
facilities that are generally eligible for QF status.]
Facility name, if any (as reported to the Commission):
NIA
Commission Docket Number:
NIA
Name of common owner:
NIA
Common primary energy source used as energy input:
NIA
Power production capacity (MW):
NIA
An eligible solar, wind, waste or geothermal facility, as defined in Section 3(17)(E) of the
Federal Power Act, is a small power production facility that produces electric energy
solely by the use, as a primary energy input, of solar, wind, waste or geothermal
resources, for which either an application for Commission certification of qualifying
status [18 C.F.R § 292207(b)] or a notice of self-certification of qualifying status [18
C.F .R § 292.207( a)] was submitted to the Commission not later than December 31, 1994,
and for which construction of such facility commences not later than December 31., 1999,
or if not, reasonable diligence is exercised toward the completion ofsuch facility, taking
into account all factors relevant to construction of the facility.
PART C: DESCRIPTION OF TIIB COGENERATION FACILITY
Items 9 through 15 only need to be answered by applicants seeking certification as a cogeneration
facility. Applicants for certification as a small power production facility may delete Items 9 through
15 from their application, or enter "N/ A,, at each item.
9. Describe the cogeneration system [18 C.F.R §§ 292.202(c) and 292.203(b)], and state
FERC Form No. 556
Exhibit A, Page 21 of 301
Case No. PAC-E-10--08
Rocky Mountain Power's Motion for Summary Judgment
Page? of 10
whether the facility is a topping-cycle [18 C.F.R § 292.202(d)] or bottoming-cycle (18
C.F.R § 292202(e)J cogeneration facility.
NIA
10. To-demonstrate the sequentiality of the cogeneration process [18 C.F.R § 292.202(s)J
and to support compliance with other requirements such as the operating and efficiency
standards (Item 11 below), provide a mass and heat balance (cycle) diagram depicting
average annual hourly operating conditions. Also, provide:
Using lower heating value [ 18 C.F .R § 292.202(m)], all fuel flow inputs in Btu/hr.,
separately indicating fossil fuel inputs for any supplementary firing in Btu/hr. (18 C.F.R §
292.202(£)]:
NIA
Average net electric output (kW or MW) (18 C.F.R § 292.202(g)]:
NIA
Average net mechanical output in horsepower [18 C.F.R § 292.202(g)]:
NIA
Number of hours of operation used to determine the average annual hourly facility inputs
and outputs:
NJA
Working fluid (e.g., steam) flow conditions at input and output of prime mover(s) and at
delivery to and return from each useful thermal appJication, including flow rates
(Jbs.Jbr.), temperature (deg. F), pressure (psia), and enthalpy (Btu/lb.):
NIA
11. Compute the operating value [ applicable to a topping-cycle facility under 18 C.F .R §
292.205(a)(l)] and the efficiency value [18 C.F.R §§ 292.205(a)(2) and (b)], based on the
information provided in and corresponding to item 10, as follows:
Pt = Average annual hourly useful thermal energy output
Pe= Average annual hourly electrical output
Pm = Average annual hourly mechanical output
Exhibit A, Page 22 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
FERC Form No. 556 Page 8 of 10
Pi = Average annual hourly energy input (natural gas or oil)
Ps = Average annual hourly energy input for supplementary firing (natural gas or oil)
Operating standard = 5% or more
Operating value = Pt I ( Pt + Pe + Pm )
NIA
Efficiency standard applicable to natural gas and oil fuel used in a topping-cycle facility:
= 45% or more when operating value is IC$s than 15%, or 42.5% or more when operating
value is equal to or greater than 15%.
Efficiency value= (Pe+ Pm+ 0.5Pt) I (Pi+ Ps)
NIA
Efficiency standard applicable to natural gas and oil fuel used for supplementary firing
component of a bottoming-cycle facility:
=45% or more
Efficiency value = ( Pe + Pm ) I Ps
NIA
FOR TOPPING-CYCLE COGENERA TION FACILITIES
Items 12 and 13 only need to be answered by applicants seeking certification as a topping-cycle cogeneration facility. Applicants for certification as a small power production facility Qr bottoming­
cycle cogeneration facility may delete Items 12 and 13 fiom their application, or enter "NI A" at each
item.
12. Identify the entity (i.e., thermal host) which will purchase the useful thermal energy
output from the facility [18 C.F.R § 292.202(h)]. Indicate whether the entity uses such
output for the purpose of space and water heating, space cooling, and/or process use.
NIA
13. In connection with the requirement that the thermal energy output be useful [ 18 C.F .R
§ 292.202(h)]:
FERC Form No. 556
Exhibit A, Page 23 of 301
Case No. PAC-E-1 Q..-08
Rocky Mountain Power's Motion for Summary Judgment
Page 9 of 10
For process uses by commercial or industrial host( s ), describe each process ( or group of
similar processes using the same quality of steam) and provide the average annual hourly
thermal energy made available to the process, less process return. For a complex system,
where the primary steam header at the host-side is divided into various sub-uses, each
having different pressure and temperature characteristics, describe the processes associated with each sub-use and provide the average annual hourly thermal energy
delivered to each sub-use, less process return from such sub-use. Provide a diagram
showing the main steam header and the sub-uses with other relevant information such as
the average header pressure (psia), the temperature (deg.F), the enthalpy (Btu/lb.), and
the flow (lb.lhr.), both in and out of each sub-use. For space and water heating, describe
the type of heating involved (e.g., office space beating, domestic water heating) and
provide the average annual hourly thermal energy delivered and used for such purpose. For space cooling, describe the type of cooling involved (e.g., office space cooling) and
provide the average annual hourly thermal energy used by the chiller. ·
NIA
FOR BOTTOMING-CYCLE FACILIDES
Item 14 only needs to be answered by applicants seeking certification as a bottoming-cycle
cogcneration facility. Applicants for certification as a small power production facility or topping­ cycle cogeneration facility may delete Item 14 from their application, or enter "NI A."
14. Provide a description of the commercial or industrial process or other thermal
application to which the energy input to the system is first applied and from which the
reject heat is then used for electric power production. ·
NIA
FOR NEW COGENERA TION FACILITIES
Response to Item 15 is only required for certain applicants for qualified cogeneration facility status,
as described below. Applicants for small power production facilities or for cogeneration facilities not
meeting the criteria outlined below may delete Item 15 from their application, or enter «N/ A." ln
addition, per 18 C:F.R. § 292.205(d)(4) all cogeneration facilities 5 MW and smaller are presumed to
comply with the requirements of J 8 C.F.R. § 292.205{d)(I) and (d)(2), and therefore need not
respond to Item 15. For those applicants required to respond to Item 15, see 18 C.F.R. § 292.10S(d)
and Order No. 671 for more information on making the demonstrations required in Item 15.
15. For any cogeneration facility that had not filed a notice of self-certification or an
application for Commission certification under 18 C.F .R. § 292.207 prior to February 2,
2006, also show:
Exhibit A, Page 24 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
FERC Form No. 556 Page 10 of 10
(i) The thermal energy output of the cogeneration facility is used in a productive and
beneficial manner [18 C.F.R §§ 292.205(d)(l), (d)(4) and (dXS)]; and
(ii) The electrical, thermal, chemical and mechanical output of the cogeneration facility is
used fundamentally for industrial, commercial, residential or institutional purposes and is
not intended fundamentally for sale to an electric utility, taking into account
technological, efficiency, economic, and variable thermal energy requirements, as well as
state laws applicable to sales of electric energy from a qualifying facility to its host
facility [18 C.F.R §§ 292.205(d)(2), (d)(3) and (d)(4)].
NIA
Exhibit A. Page 25 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for summary Judgment
Case: PAC-E-10-08
Exhibit A to Rocky Mountain
Power's First Production
Request to XRG
EXHIBITA-2
January 21, 2009 email with attached letter from Peter Richardson.
Exhibit A. Page 26 of 301
Case No. PAC-E-10.08
Rocky Mountain Powets Motion for SUmmary Judgment
Exhibit A, Page 27 of 301
Case No. PAC-E-10..08
Rocky Mountain Power's Motion for Summary Judgment
Griswold, Bruce {Mkt Function}
From:
Sent: To: Subject:
Attachments:
Peter Richardson [[e-mail])
Wednesday, January 21, 2009 3:00 PM
Griswold, Bruce {Mkt Function}; Younie, John FW:JR1. LLC
Oocument.pdf
Dorumentpdf (3
MB) This is another request for a QF contract of78 MW for the JRl, LLC wind
project Again you will have to run your IRP model to arrive at a rate.
Please feel free to give me a call if you have any questions. -Pete
Peter Richardson
Richardson & O'Leary
515 N. 27th Street
Boise, Idaho 83702
(208) 93 8-7901
--Original Message--
From: [e-mail]
[ mailto:[e-mail]]
Sent: Wednesday, January 21, 2009 3:39 PM
To: Peter Richardson
Subject: JRl, LLC
1
Exhibit A, Page 28 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
RimrAJtDS.QN' &�Y. ,u..c
ATTOa'NIYS AT LAY
Peter Richardson
Tel: :ioa.9,a.1,01 ,.,, 1oa.931.790•
puc,•rlcl11uhouadolcary.com r.o. Bos 7211 Bolsc, 10 SJ7W - Sl5 N. 27tla St. ao;.,_, ID '3702
Januazy 21, 2009
Bruce Griswold
John Younie
825 NW Multnomah
Portland, Oregon 97232
Via overnight delivery
Re: PURP A Contract for JRl, LLC
Dear Bruce and John:
Please consider this formal request for an Idaho jurisdictional non-standard rate twenty
year QF agreement with non-levelized rates. The project will produce more than 30
average monthly MW and should therefore qualify for the Idaho PUC's approved rate
methodology using the Company's IRP.
The first operation date is December 31, 2010.
The project is located in Twin Falls County, Idaho. Estimated production data and a
location map is attached for your review. Also attached is a copy of the FERC Notice of
Self Certification for this project, which together with the map and production data
should be sufficient for you to provide my client with a power purchase agreement
Because the project will be interconnect with Idaho Power facilities and deliver to your
Brady Substation in Southern Idaho, there is no need for us to engage Rocky Mountain
Power for an interconnection agreement
Thank you for your prompt response and please give me a call if you have any questions.
Sincer�ely: . , J ' f ·o: - ... f'c�£��:ic�
Pete Richardson
Attorney for JRl, LLC
Exhibit A. Page 29 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Land Description: JR1, LLC - Flats
Twin Falls County, Idaho -Township 14S, Range 15E
Section!
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16
Section 21
Section22
Section 23
Section 24
Section25
Section 26
Section 27
Section 28
Section 35
Twin Falls County, Idaho-Township 14S� Range 16E
Section7
Section 8
Section 17
Section 18
Section 19
Section 20
Section30
Exhibit A, Page 30 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Sunvnary Judgment
Fonn Approved OMB Control No. 1902-0075
Expires 7/31/2009
FERC Form No. 556
18 C.F.R. § 131.80
CERTIFICATION OF QUALIFYING FACILITY STATUS FOR AN EXISTING OR A
PROPOSED SMALL POWER PRODUCTION OR COGENERATION FACILITY
INFORMATION ABOUT COMPLIANCE
Compliance with the information collection requirements established by the FERC Form No. 556 is
required to obtain and maintain status as a qualifying facility. See 18 C.F.R. § 131.80 and Part 292.
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
SUBMITTING COMMENTS ON PUBLIC REPORTING BURDEN
The estimated burden for completing FERC Form No. 556, including gathering and reporting
information, is 4 hours for self-certifications and 38 hours for applications for Commission
certification. Send comments regarding this burden estimate or any aspect of this collection of
information, including suggestions for reducing this burden, to the following: Michael Miller, Office
of the Executive Director (ED-34), Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, OC 20426; and Desk Officer for FERC, Office of Information and Regulatory Affairs,
Office of Management and Budget, WashiogtOn, DC 20503 ([e-mail]). Include the Control No. 1902-0075 in any correspondence.
GENERAL INSTRUCTIONS
Complete this form by replacing bold text below with responses to each item, as required.
PART A: GENERAL INFORMATION TO BE SUBMIITED BY ALL APPLICANTS
1 a. Full name of applicant: [Note: Applicant is the legal entity submitting this form, not the
individual employee making the filing. Generally, the Applicant will be a company. corporation or
organization, unless the facility is owned directly by an individual or individuals.]
JR-1, LLC
Docket Number assigned to the immediately preceding submittal filed with the
Commission in connection with the instant facility, if any:
None
Purpose of instant filing ( self-certi ti cation or self-recertification [ 18 er .R. §
292.207(a)(l)], or application for Commission certification or recertification [18 C.F.R.
§§ 292.207(b) and (d)(2)]):
Self-certification
FERC Form No. 556
lb. Full address of applicant: ·
JR-1,LLC
c/o Richardson & O'Leary, PLC
515 N. 27•b St.
Boise, Idaho 83702
Attn: Peter Richardson
Exhibit A, Page 31 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 2 of 10
JR-1, LLC
c/o Exergy Development. Group of Idaho, LLC
802 W Bannock, Ste 1200
Boise, ID 83702
Attn: James Carkulis
le. Indicate the owner(s) of the facility (including the percentage of ownership held by
any electric utility or electric utility holding company, or by any persons owned by
either) and the operator of the facility.
JR-1, LLC is wholly owned by Exergy Development Group of Idaho, LLC.
Exergy Development Group, LLC is not an electric utility or electric utility
holding company and is not owned by either. The percentage ownership held
by the direct owner that is an electric utility or electric utility holding
company, is zero.
JR-1, LLC will be the operator of the facility
Additionally, state whether or not.any of the non-electric utility owners or their upstream
owners are engaged in the generation or sale of electric power, or have any ownership or
operating interest in any electric facilities other than qualifying facilities.
Other than owning and operating other qualifying facilities the owner of JR-
1, LLC is not engaged in the generation or sale of electric power.
In order to facilitate review of the application, the applicant may also provide an
ownership chart identifying the upstream ownership of the facility. Such chart should
indicate ownership percentages where appropriate.
ld. Signature of authorized individual evidencing accuracy and authenticity of
information provided by applicant: [Note: A signature on a filing shall constitute a certificate that
(I) the signer has read the filing and knows its contents; (2) the contents are true as stated, to the best
knowledge and belief of the signer, and (3) the signer possesses full power and authority to sign the filing.
Exhibit A, Page 32 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summa,y Judgment
FERC Form No. 556 Page 3 of 10
A person submitting a self-certlfication electronically via eFiling may use typed characters representing their name to show that the person has signed the document. See 18 C.F.R. § 385.2005.)
James T. Carkulis
2. Person to whom communications regarding the filed information may be addressed:
Name: Peter Richardson
Title: General Counsel
Telephone number: (208) 938- 7901
Mailing address: 515 N. 2711a St., Boise, Idaho 83702
3a. Location of facility to be certified:
State: Idaho
County: Twin Falls
City or town: Rogerson
Street address (if known).: NIA
3b. Indicate the electric utilities that are contemplated to transact with the qualifying
facility (if known) and describe the services those electric utilities are expected to
provide:
Idaho Power Company possible purchaser
Idaho Power Company possible transmission entity
Avista Utilities possible purchaser
Rocky Mountain Power possible purchaser
Indicate utilities interconnecting with the facility and/or providing wheeling service [ 18
C.F.R. §§ 292.303(c) and (d)]:
Idaho Power Company
Indicate utilities purchasing the useful electric power output [18 C.F.R §§ 292.10l(b)(2),
292.202(g) and 292.303(a)]:
FERC Form No. 556
Idaho Power Company
Avista Utilities
Exhibit A, Page 33 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page4 of 10
Indicate utilities providing supplementary power, backup power, maintenance power,
and/or interruptible power service [18 C .. F.R. §§ 292.lOI(bX3), (b)(8), 292.303(b) and
292.305(b)]:
Idaho Power Company
4a. Describe the principal components of the facility including boilers, prime movers and
electrie generators, and explain their operation. Include transmission lines, transformers
and switchyard equipment, if included as part of the facility.
The facility shall consist of approximately forty-four Vestas V90 turbines,
which have nameplate capacity of 1.8 MW each.
4b. Indicate the maximum gross and maximum net electric power production capacity of
the facility at the point(s) of delivery and show the derivation. (Note: Maximum gross output
is the maximum amount of power that the facility is able to produce, measured at the terminals of the
gencrator(s). Maximum net-output is maximum gross ou1put minus (1) any auxiliary load for devices that·
are necessary and integral to the power production process (fans, pumps, etc.), and (2) any losses incurred
from the generator(s) to the point of delivery. If any electric power is consumed at the location of the QF
( or thermal host) for purposes not related to the power production process, such power should not be
subtracted from gross output for purposes of reporting maximum net output here.]
Gross output: 78 MW
Net output: 78 MW
Derivation ( assumptions about losses, auxiliary load or lack thereof, and calculation of
gross and net output):
No losses or auxiliary load.
4c. Indicate the actual or expecte-d installation and operation dates of the facility, or the
actual or expected date of completion of the reported modification to the facility:
June, 2011
4d. Describe the primary energy input (e.g., hydro, coal, oil [18 C.F.R. § 292.202(1)],
natural gas [18 C.F.R. § 292.202(k}], solar, geothermal, wind, waste, biomass [18 C.F.R
§ 292.202(a)], or other). For a waste energy input that does not fall within one ofthe
categories on the Commission's list of previously approved wastes, demonstrate that such
Exhibit A, Page 34 of 301
Case No. PAC-E-10..08
Rod(y Mountain Powe(s Motion for Summary Judgment
FERC Fonn No. 556 Page 5 of 10
energy input has little or no current commercial value and that it exists in the absence of
the qualifying facility industry (18 C.F.R § 292.202(b)].
Wind
5. Provide the average annualhourly energy input in terms of Btu for the following fossil
fuel energy inputs, and provide the related percentage of the total average annual hourly energy input to the facility (18 C.F .R § 292.202(j)]. For any oil or natural gas fuel, use
lower heating value [18 C.F.R § 292202(m)):
Natural gas: None
Oil: None
Coal (applicable only to a small power production facility): None
6. Discuss any particular characteristic of the facility which the cogenerator or small
power producer believes might bear on its qualifying status.
None
. .
PART B: DESCRIPTION OF THE SMALL POWER PRODUCTION FACILITY
Items 7 and 8 only need to be answered by applicants seeking certification as a small power
production facility. Applicants for certification as a cogeneration facility may delete Items 7 and 8
from their application, or enter 'WA" at both items.
7. Describe how fossil fuel use will not exceed 25 percent of the total annual energy input
limit [18 C.F.R §§-292.2020) and 292.204(b)]. Also, describe how the use of fossil fuel
will be limited to the following purposes to conform to Federal Power Act section
3(17)(B): ignition, start-up, testing, flame stabilization, control use, and minimal amounts
of fuel required to alleviate· or prevent unanticipated equipment outages and emergencies
directly affecting the public.
NIA
8. lfthe facility reported herein is not an eligible solar, wind, waste or geothermal
facility, and if any other non-eligible facility located within one mile of the Instant
facility is owned by any of the entities ( or their affiliates) reported in Part A at item 1 c
above and uses the same primary energy input, provide the following information about
the other facility for the purpose of demonstrating that the total of the power production
capacities of these facilities does not exceed 80 MW [18 C .. F .R § 292.204(a)]: [See
FERC Form No. 556
Exhibit A, Page 35 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 6 of 10
definition of an "eligible facility" below. Note that an "eligible facility" is a specific type of small power production facility that is eligible for special treatment under the Wind, Waste and Geothermal Power
Production Incentives Act of 1990, as subsequently amended in 1991, and should not be confused with
facilities that are generally eligible for QF status.]
Facility name, if any (as reported to the Commission):
NIA
Commission Docket Number:
NIA
Name of common owner:
NIA
Common primary energy source used as energy input:
NIA
Power production capacity (MW):
NIA
An eligible solar, wind, waste or geothermal facility, as defined in Section 3(17){E) of the
Federal Power Act, is a small power production facility that produces electric energy
solely by the use, as a primary energy input, of solar, wind, waste or geothermal
resources, for which either an application for Commission certification of qualifying
status [18 C.F.R § 292.207(b)] or a notice of self-certification of qualifying status [18
C.F.R § 292.207(a)] was submitted to the Commission not later than December 31, 1994,
and for which construction of such facility commences not later than December 31, 1999,
or if not, reasonable diligence is exercised toward the completion of such facility, taking
into account all factors relevant to construction of the facility.
PART C: DESCRIPTION OF THE COGENERATION FACILITY
ltems 9 through 15 only need to be answered by applicants seeking certification as a cogeneration facility. Applicants for certification as a small power production facility may delete Items 9 through
t 5 from their application, or enter "N/ A" at each item.
9. Describe the cogeneration system [18 C.F.R §§ 292.202(c) and 292.203(b)J, and state
whether the facility is a topping-cycle [ 18 C.F .R § 292.202( d)] or bottoming-cycle [18
Exhibit A, Page 36 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
FERC Form No. 556
C.F.R § 292.202(e)] cogeneration facility.
NIA
Page 7 of 10
10. To demonstrate the sequentiality of the cogeneration process [18 C .. F.R § 292.202(s)]
and to support compliance with other requirements such as the operating and efficiency
standards (Item 11 below), provide a mass and heat balance (cycle) diagram depicting
average annual hourly operating conditions. Also, provide:
Using.lower heating value [18 C.F.R § 292.202(m)], all fuel flow inputs in Btu/hr.,
separately indicating fossil fuel inputs for any supplementary firing in Btu/hr. [18.C.F.R §
292.202(f)]:
NIA
Average net electric output (kW or MW) [18 C.F.R § 292.202(g)]:
NIA
Average net mechanical output in horsepower [18 C.F.R § 292·.202(g)]:
NIA
Number of hours of operation used to determine the average annual hourly facility inputs
and outputs:
NIA
Working fluid (e.g., steam) flow conditions at input and output of prime mover(s) and at
delivery to and return from each useful thermal application, including flow rates
(lbs./hr.), temperature (deg. F), pressure (psia), and enthalpy (Btu/lb.):
NIA
11. Compute the operating value [ applicable to a topping-cycle facility under 18 C.F .R §
292.205(a)(l)] and the efficiency value [18 C.F.R §§ 292.205(a)(2) and (b)], based on the
information provided in and corresponding to item 10, as follows:
Pt= Average annual hourly useful thermal energy output
Pe = Average annual hourly electrical output
Pm= Average annual hourJy mechanical output
Pi= Average annual hourly energy input (natural gas or oil)
FERC Form No. 556
Exhibit A, Page 37 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 8 of 10
Ps = Average annual hourly energy input for supplementary firing (natural gas or oil)
Operating standard = 5% or more
Operating value = Pt I ( Pt + Pe + Pm )
N/A
Efficiency standard applicable to natural gas and oil fuel used in a topping-cycle facility:
= 45% or more when operating value is less than 15%, or 42.5% or more when operating value is equal to or greater than 15%.
Efficiency value= (Pe+ Pm+ 0.5Pt) I (Pi+ Ps)
N/A
Efficiency standard applicable to natural gas and oil fuel used for supplementary firing
component of a bottoming-cycle facility:
=45%ormore
Efficiency value = ( Pe + Pm ) I Ps
NIA
FOR TOPPING-CYCLE COGENERATION FACILITIES
Items 12 and 13 only need to be answered by applicants seeking certification as a topping-cycle
cogeneration facility. Applicants for certification as a small power production facility or bottoming· cycle cogeneration facility may delete Items 12 and 13 from their application, or enter "NIA'' at each
item.
12. Identify the entity (i.e., thermal host) which will purchase the useful thermal energy
output from the facility [18 C.F.R § 292.202(h)]. Indicate whether the entity uses such
output for the purpose of space and water heating, space cooling, and/or process use.
N/A
13. In connection with the requirement that the thermal energy output be useful [18 C.F.R
§ 292.202(h)]:
Exhibit A, Page 38 of 301
Case No. PAC-E-10-08
Rodcy Mountain Power's Motion for Summary Judgment
FERC Form No. 556 Page 9 of 10
For process uses by commercial or industrial host(s), describe each process (or group of
similar processes using the same quality of steam) and provide the average annuaJ hourly thermal energy made available to the process, less process return. For a complex system,
where the primary steam header at the host-side is divided into various sub-uses, each
having different pressure and temperature characteristics, describe the processes
associated with each sub-use and provide the average annual hourly thermal energy delivered to each sub-use, less process return from such sub-use. Provide a diagram
showing the main steam header and the sub-uses with other relevant information such as
the average header pressure (psia), the temperature (deg.F), the enthalpy (Btu/lb.), and
the flow (lb./hr.), both in and out of each sub-use. For space and water heating, describe
the type of heating involved ( e.g., office space heating, domestic water heating) and
provide the average annual hourly thermal energy delivered and used for such purpose.
For space cooling, describe the type of cooling involved (e.g., office space cooling) and
provide the average annual hourly thermal energy used by the chiller.
NIA
FOR BOTIOMING-CYCLE FACILITIES
Item 14 only. needs to be answered by applicants seeking certification as a bottoming-cycle
cogeneration facility. Applicants for certification as a small power production facility or topping­
cycle cogeneration facility may delete Item 14 from their application, or enter "NI A!'
14. Provide a description of the commercial or industrial process or other thermal
application to which the energy input to the system is first applied and from which the
reject heat is then used for electric power production.
NIA
FOR NEW COGENERATION FACILmES
Response to Item 15 is only required for certain applicants for qualified cogeneration facility status,
as described below. Applicants for small power production facilities or for cogeneration facilities not
meeting the criteria outlined below may delete Item 15 from their application, or enter ''NIA." In
addition, per 18 C.F.R. § 292.205(dX4) all cogeneration facilities 5 MW and smaller are presumed to
comply with the requirements of 18 C.F.R. § 292.20S(dX1) and (dX2), and therefore need not
respond to Item IS. For those applicants required to respond to Item 15, see 18 C.F.R. § 29220S(d)
and Order No. 671 for more information on making the demonstrations required in Item 15.
15. For any cogeneration facility that had not filed a notice of self-certification or an
application for Commission certification under 18 C.F.R. § 292.207 prior to February 2,
2006, also show:
FERC Form No. 556
Exhibit A, Page 39 of 301
Case No. PAC-E-10--08
Rocky Mountain Power's Motion for Summary Judgment
Page 10 oflO
(i) The thermal energy output of the cogeneration facility is used in a productive and
beneficial manner [18 C.F.R §§ 292.205(d)(l), (d)(4) and (d)(5)]; and
(ii) The electrical, thermal, chemical and mechanical output of the cogeneration facility is
used fundamentally for industrial, commercial, residential or institutional purposes and is·
not intended fundamentally for sale to an electric utility, taking into account
technological, efficiency, economic, and variable thermal energy requirements, as well as
state laws applicable to sales of electric energy from a qualifying facility to its. host
facility [18 C.F.R §§ 292.205(d)(2), (d)(3) and (d)(4)].
N/A
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Exhibit A, Page 41 of 301
Case No. PAC-E-10-08
Rocky Mountain Powers Motion f0< Summary Judgment
Case: PAC-E-10-08
Exhibit A to Rocky Mountain
Power's First Production
Request to XRG
EXHIBIT A-3
January 21, 2009 email with attached letter from Peter Richardson.
Exhibit A, Page 42 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Mot.ion for summary Judgment
Exhibit A, Page 43 of 301
Case No. PAC-E-10--08
Rocky Mountain Power's Motion for Summary Judgment
Griswold, Bruce {Mkt Function}
From:
Sent:
To:
Subject:
Attachments:
Document.pdf (2
MB)
Peter Richardson [[e-mail]] Wednesday, January 21, 2009 3:37 PM
Griswold, Bruce {Mkt Function}; Younie, John
FW: XRG-OP 7, LLC .
Document.pdf
Bruce and John:
This series of projects are the ones we talked about a while back.
There was some confusion as to the production data. They are all
straightened out now. There will be four coming over ...
Peter Richardson
Richardson & O'Leary
515 N. 27th Street
Boise, Idaho 83702
[phone]
--Original Message---
From: [e-mail]
[ mailto:[e-mail]]
Sent: Wednesday, January 21, 2009 3:55 PM
To: Peter Richardson
Subject: XRG-DP 7, LLC
1
Exhibit A, Page 44 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
.tTTOal'ITJ AT L£Y
Peter R'lchardso n
T,1: 2oa-,,a-1,01 Fa.s: ioa-,H-7'04
P••••••lc�atd1oatadoleary.com P.O. 8ox 7218 8oik, ID &3707 • SUK. 27� St. Bolk. ID 8!702
January 21. 2009
Bruce Griswold
John Younie
825 NW Multnomah
Portland. Oregon 97232
Via overnight delivery
Re: PURPA Contract for XRG-DP-7, LLC
Dear Bruce and John:
I visited with you via e-mail communications a while back regarding a PURP A
agreement for the above reference company. Please consider this to be a follow up
request for an Idaho jurisdictional standard twenty year QF agreement with non-levelized
rates. The project will be less than 30 average monthly MW and should therefore qualify
for the Idaho PUC's published rates.
The first operation date is December 31, 2010.
The project is located in Cassia County, Idaho. Estimated production data and a location
map is attached for your review. Also attached is a copy of the FERC Notice of Self
Certification for this project, which together with the map and production data should be
sufficient for you to provide my client with a power purchase agreement: Because the
project will be interconnect with BP A facilities and deliver to yourBrady Substation in
Southern Idaho, there is no need for us to engage Rocky Mountain Power for an
interconnection agreement
Thank you for your prompt response and please give me a call if you have any questions. sr:w. .
PeteRichardso�
Attorney for XRG-DP-7, LLC
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Exhibit A, Page 46 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
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Exhibit A, Page 47 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Fonn Approved OMB Control No. 1902-0075
Expires 7131/2009
FERC Form No. 556
18 C.F .R. § '131.SO
CERTIFICATION OF QUALIFYING FACILITY STATUS FOR AN EXISTING OR A
PROPOSED SMALL POWER.PRODUCTION OR COGENERATION FACILITY
INFORMATION ABOUT COMPLIANCE
Compliance with the information collection requirements established by the FERC Form No. 556 is
required to obtain and maintain status as a qualifying facility. See 18 C.F .R. § 131.80 and Part 292.
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
SUBMITIING COMMENTS ON PUBLIC REPORT1NG BURDEN
The estimated burden for completing �RC Form No. 556, including gathering and reporting
information, is 4 hours for self-certifications and 38 hours for applications for Commission
certification. Send comments regarding this burden estimate or any aspect of this collection of
information, including suggestions for reducing thisburden, to the following: Michael Miller; Office of the Executive Director (ED-34), Federal Energy Regulatory Commission, 888 First Street NE.,
Washington. DC 20426; and Desk Officer for FERC, Office of Information and Regulatory Affairs,
Office of Management and Budget, Washington. DC 20503 ·([e-mail]).
Include the Control No. 1902-0075 in any correspondence.
GENERAL INSTRUCTIONS
Complete this form by replacing bold text below with responses to each item, as required.
PART A: GENERAL INFORMATION TOBE SUBMITTED BY ALL APPLICANTS
la Full name of applicant: [Note: Applicant is the legal entity submitting this form, not the
individual employee making the filing. Generally, the Applicant will be a company, corporation or
organization. unless the facility is owned directly by an individual or individuals.]
XRG-DP7, LLC
Primary Activity: Independent PowerProducer, renewable electrical
generation
Docket Number assigned to the immediately preceding submittal filed with the
Commission in connection with the instant facility, if any:
none
Purpose of instant filing (self-certification or self-recertification [18 C.F.R § ·
292.207(a)(l)], or application for Commission certification or recertification [18 C.F.R.
§§ 292207(b) and (d)(2)]):
Exhibit A, Page 48 of 301
Case No. PAC-E-1()..()8
Rocky Mountain Power's Motion for Summary Judgment
FERC Form No. SS6 XRG·DP7, LLC
Self-certification
I b. Full address of applicant
1424 Dodge Ave.
Helena, MT 59601
P�2of6
le. Indicate the owner(s) of the facility (including the percentage of ownership held by
any electric utility or electric utility holding company, or by any persons owned by
either) and the operator of the facility. Additionally, state whether or not any of the non­
electric utility owners or their upstream owners are engaged in the generationor sale of
electric power, or have any ownership or operating interest in any electric facilities other
than qualifying facilities. In order to facilitate review of the application, the applicant
may also provide an ownership chart .identifying the upstream ownership of the facility.
Such chart should indicate ownership percentages where appropriate.
Exergy Development Group - Idaho, LLC
Exergy �velopment Gronp> Idaho, LLC is solely owned by Exergy
Development Group, LLC, a Monuna limited liability company.
Exergy Development Group, LLC is not comprised of any ownership by a
public or private utility.
1 d, Signature of authorized individual evidencing accuracy and authenticity of
information provided by applicant: [Note: A signature on a filing shall constitute a certificate that
(1) the signer has read the filing and knows its contents; (2) the contents are true as stated, to the best
knowledge and belief of the signer; and (3) the signer possesses full power and authority to sign the filing.
A person submitting a self-certification electronically via eFiling may use typed characters representing
their name to show that the person has signed the document See 18 C.F.R. § 385.2005.]
2. Person to whom communications regarding the filed information may be addressed:
Name: J. Lars Dorr
Title: Lead Project Engineer, Exergy Technology Concepts, LLC
Telephone number: 208.429.1499
Mailing address: 802 W. Bannock, Ste 1200
FERC Fo1m No. SS6 XRG-DP7, LLC
Boise, ID 83702
Exhibit A, Page 49 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 3of6
3a. Location of facility to be certified:
State: Idaho
County: Cassia
City or town: Malta
Street address (if known): NIA
3b. Indicate the electric utilities that are contemplated to transact with the qualifying
facility (if known) and describe the services those electric utilities are expected to
provide:
Paci.ficorp DBA, Rocky Mountain Power
Indicate utilities interconnecting with the facility and/or providing wheeling service (18
. C.F.R- §§ i92303(c) and (d)]:
Bonneville Power Administration
Indicate utilities purchasing the useful electric power output (18 C.f .R. §§ 292.101(b)(2),
292.202(g) and 292.303(a)]:
Pacificorp DBA, Rocky Mountain Power
Indicate utilities providing supplementary power, backup power, maintenance power,
and/or interruptible power service (18 C.F.R. §§ 292.101(b)(3), (b)(8), 292.303(b) and
292.305(b)]:
Bonneville Power Administration
4a. Describe the principal components of the facility including boilers, prime movers and
electric generators, and explain their operation .. Include transmission lines, transformers
and switchyard equipment, if included as part of the facility.
De Wind D8.2, 2.0MW Wind Turbine Generator
Number of units -10
4b. Indicate the maximum gross and maximum net electric power production capacity of
Exhibit A, Page 50 of 301
Case No. PAC-E-10-08
Rocky Mountain Powel's Motion for Su1TVT1ary Judgment
FERC Fonn No. SS6 XRG-DP7,LLC 2123/2007 Page4of6
the facility at the point(s) of delivery and show the derivation. [Note: Maximum gross output
is the maximum amount of power that the facility is able to produce, measured at the terminals of the
generator(s). Maximum net output is maximum gross output minus (1) any auxiliary load for devices that
are necessary and integral to the power production process (fans, pumps, ete.), and (2) any losses incurred
from the generarorfs) to the point of delivery. If any electric power is conswned at the location of the QF (or thermal host) for purposes Mt related to the power production process, such power should not be
subtracted from gross output for purposes of reporting maximum net output here.]
Gross output: 20 MW
Net output: 18 MW
Derivation (assumptions about losses, auxiliary load or lack thereof, and calculation of
gross and net output):
10.0% losses including, but not �ed to, line losses, icing, availability,
waking, turbulence/eontrol, etc.
4c. Indicate the actual or expected installation and ope.ration dates of the facility, or the
actual or expected date of completion of the reported modification to the facility:
June2008
4d. Describe the primary energy input (e.g., hydro, coal, oil [18 C.F.R. § 292.202(1)],
natural gas [18 C.F.R. § 292.202(k)1 solar, geothermal, wind, waste, biomass [18 C.F.R.
§ 292.202(a)], or other). For a waste energy input that does not fall within one of the
categories on the Commission's list of-previously approved wastes, demonstrate that such
energy input has little or no current commercial value and that it exists in the absence of
the qualifying facility industry [18 C.F.R § 292.202(b)].
100% Wind energy input
5. Provide the average annual hourly energy input in terms of Btu for the following fossil
fuel energy inputs, and provide the related percentage of the total average annual hourly
energy input to the facility [18 C.F .R § 292.2020)]. For any oil or natural gas fuel, use
lower heating value [18 C.F.R § 292.202(m)]:
Natural gas: None
Oil: None
Coal {applicable only to a small power production facility): None
FERC fonn No. 556 XRG-DP7, LLC '1123fl007
Exhibit A, Page 51 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page S of6
6. Discuss any particular characteristic of the facility which the cogenerator or small
power producer believes might bear on its qualifying status.
None
PART B: DESCRIPTION OF THE SMALL POWER PRODUCTION FACILITY
Items 7 and 8 only need to be answered by applicants seeking certification as a small power
production facility. Applicants for certification as a cogeneration facility may delete Items 7 and 8
from their application. or" enter "NIA" at both items.
7. Describe how fossil fuel use will not exceed 25 percent of the total annual energy input limit [18 C.F.R §§ 292.2020) and 292.204(b)]. Also, describe how the use of fossil fuel
will be limited to the following purposes to conform to Federal Power Act section
3(1 ?)(B): ignition, start-up, testing, flame stabilization, control use, and minimal amounts
of fuel required to alleviate or prevent unanticipated equipment outages and ·emergencies
directly affecting the public.
NIA
8. If tb.e facility reported herein is not·an eligible solar, wind, waste or geothermal
facility, and if any other non-eligible facility located within one mile of the instant
facility is owned by any of the entities ( or their affiliates) reported in Part A at item 1 c
above and uses the same primary energy input, provide the following information about
the other facility for the purpose of demonstrating that the total of the power production
capacities of these facilities does not exceed 80.MW [18 C.F.R § 292.204(a)]: [See
definition of an "eligible facility" below. Note that an "eligible facility" is a specific type of small power
production facility that is eligible for special treatment under the Wmd, Waste and Geothermal Power
Production Incentives Act of1990. as subsequently amended in 1991, and should not be confused with
facilities that are generally eligible for QF status.]
Facility name, if any (as reported to the Commission):
NIA
Commission Docket Nwnber:
NIA
Name of common owner:
NIA
Exhibit A, Page 52 of 301
Case No. PAC..E-10-08
Rocky Mountain Power's Motion for Summary Judgment
FERC Form N9. SS6 XRG-DP7, LLC 2!1.312007 Page 6 of6
Common prirnlll?' energy source used as energy input:
NIA
Power production capacity (MW):
N/A
An eligible solar, wind, waste or geothermal facility, as defined in Section 3(17)(E) of the
Federal Power Act, is a small power production facility that produces electric energy
solely by the use, as a primary energy input, of solar, wind, waste or geothermal
resources, for which either an application for Commission certification of qualifying
status [18 C.F.R § 292.207(b)] or a notice of self-certification pf qualifying status [18
C.F.R § 292.207(a)] was submitted to the Commission not later than December 31, 1994,
and for which construction of such facility commences not later than December 31, 1999,
or if not, reasonable diligence is exercised toward the completion of such facility, taldng
into account all factors relevant to construction of the facility.
PART C: DESCRIPTION OF THE COGENERATION FACILITY
Items 9 through· ts only need to be answered by applican1s seeking certification as a cogeneration facility. Applicants for certification as a small power production facility may delete Items 9 through
15 from their application. or enter .. NIA" at each item.
DELETED
Exhibit A, Page 53 of 301
Case No. PAC-E-10-08
Rocky Moootaln Power's Motion for Summary Judgment
Case: PAC-E-10-08
Exhibit A to Rocky Mountain
Power's First Production
Request to XRG
EXHIBIT A-4
January 21, 2009 email with attached letter from Peter Richardson.
Exhibit A, Page 54 of 301
Case No. PAC-E-1(}-08
Rocky Mountain Power's Motion for summary Judgment
Exhibit A, Page 55 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Griswold, Bruce {Mkt Function}
From: Sent: To: Subject:
Attachments:
Peter Richardson [[e-mail]] Wednesday, January 21, 2009 3:39 PM
Griswold, Bruce {Mkt Function}; Younie, John FW: XRG-DP 8, LLC
Document.pdf
Bruce and John: here is the second DP project. I have to reboot mypdf
machine to get the last two to you, but in time. Anyway they are all
being fed exed to you this evening so you will have them on your desk
tomorrow morning.
Peter Richardson
Richardson & O'Leary
515 N. 27th Street
Boise, Idaho 83702
[phone]
-Original Message---
From: [e-mail]
( mailto:[e-mail]]
Sent: Wednesday, January 21, 2009 4:07 PM
To: Peter Richardson
Subject: XRG-DP 8, LLC
1
Ooa.lment.pdf (2
MB)
Exhibit A, Page 56 of 301
Case No. PAC·E-10.08
Rocky Mountain Power's Motion for Summary Judgment
ATTOII.HaYS AT LAY
Peter Richardson
Td: 108·9.51-7901 Fo: 208·U8-7,o4
pc•••••ichardaoaat1dolcar7.co111
l'.0. ll01t 7218 lloit<. ID 83707 • SIS N. 27th St. Boise, ID 8.5702
January 21, 2009 Bruce Griswold
John Younie
825 NW Multnomah
Portland, Oregon 97232
Via overnight delivery
Re: PURPA Contract for XRG-DP-8, LLC
Dear Bruce and John:
I visited with you via e-mail communications a while back regarding a PURP A
agreement for the. above reference company. Please consider this to be a follow up
request for an Idaho jurisdictional standard twenty year QF agreement with non-levelized
rates. The project will be less than 30 average monthly MW and should therefore qualify for the Idaho PUC's published-rates.
The first operation date is December 31. 2010.
The project is located in Cassia County, Idaho. Estimated production data and a location
map is attached for your review. Also attached is a copy of the FERC Notice of Self
Certification for this project, which together with the map and production data should be
sufficient for you to provide my client with a power· purchase agreement. Because the
project will be interconnect with BPA facilities and deliver to your Brady Substation in
Southern Idaho, there is no need for us to engage Rocky Mountain Power for an
interconnection agreement ·
Thank you for your prompt response and please give me a call if you have any questions. ::e-'2�
Attorney for XRG-DP-8, LLC
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Exhibit A, Page 58 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Data use subjecUo license.
C Delarme. XMaplD 5.2 GIS Edllor.
-.delorme.com ··:•.
XMape 5.2 GIS Editor
1" • 2,!104.21\ Data Zonm 1?.fl
Exhibit A, Page 59 of 301
Case No. PAC-E-10--08
Rocky Mountain Power's Motion for Summary Judgment
Form Approved OMB Control No. 1902--0075
Expires 7.'3112009
FERC Form No. 556
18 C.F.R. § 131.80
CERTIFICATION OF QUALIFYING FACILITY STATUS FOR AN EXISTING OR A
PROPOSED SMALL POWER PRODUCTION OR COGENERATION FACILITY
INFORMATION ABOUT COMPLIANCE
Compliance with the information collection requirements established by the FERC Form No. 556 is
required to obtain and maintain status as. a qualifying facility. See 18 C.F.R. § 131.80 and Part 292.
An agency may not conduct or sponsor. and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
SUBMITTING COMMENTS ON PUBLIC REPORTING BURDEN
The estimated burden for completing FERC Form No. 556, including gathering and reporting information, is 4 hours for self-certiflcations and 38 hours for applications for Commission
certification. Send comments regarding this burden estimate or any aspect of this collection of
information, including suggestions for reducing this burden, to the following: Michael Miller, Office
of the Executive Director (ED-34), Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426; and Desk Officer for FERC, Office of Information and Regulatory Affairs,
Office of Management and Budget, Washington, DC 20503 ([e-mail]). Include the Control No. 1902-0075 in any correspondence·.
GENERAL INSTRUCTIONS
Complete this form by replacing bold text below-with responses to each item, as required.
PART A: GENERAL INFORMATION TO BE SUBMIITED BY ALL APPLICA.NTS
la. Full name of applicant: [Note: Applicant is thelegal entity submitting this form, not the
individual employee making the filing. Generally, the Applicant will be a company. corporation or
organization, unless the facility is owned directly by an individual or individuals.)
XRG-DP8, LLC
Primary Activity: Independent Power Producer, renewable electrical
generation
Docket Number assigned to the immediately preceding submittal filed with the
Commission in connection with the instant facility, if any:
none
Purpose of instant filing ( self-certification or self-recertification [ 18 C.F .R §
292.207(a)(l)], or application for Commission certification or recertification [18 C.F.R.
§§ 292.207(b) and (d)(2)J): ·
Exhibit A, Page 60 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
FERC Fonn No. SS6 XRG-DP&, LLC
Self-certification
1 b. Full address of applicant:
1424 Dodge Ave.
Helena, MT 59601
212312007 Page2of6
le, Indicate the owner(s) of the facility (including the percentage of ownership held by
any electric utility or electric utility holding company, or by any persons owned by
either) and the operator of the facility. Additionally, state whether or not any of the non­
electric utility owners or their upstream owners are engaged in the generation or sale of
electric power, or have any ownership or operating interest in any electric facilities other
than qualifying facilities. In order to facilitate review of the application. the applicant
may also provide an ownership chart identifying the upstream ownership of the facility.
Such chart should indicateownership percentages where appropriate.
Exergy Development Group - Idaho, LLC
Exergy Development Group - Idaho, LLC is solely owned by Exergy
Development Group, LLC, a Montana limited liability company;
Exergy Development Group, LLC is not comprised of any ownership by a
public or private utility.
ld. Signature of authorized individual evidencing accuracy and authenticity of
information provided by applicant: (Note: A signature on a filing shall comtitute a certificate that
(1) the signer has read the filing and knows its contents; (2) the contents are true as stated, to the best
knowledge and belief of the signer; and (3) the signer possesses full power and authority to sign the filing.
A person submitting a self-certification electronically via eFiling may use typed characters representing
their name to show that the person has signed the document. See 18 C.F.R. § 385.2005..]
C) f<v.-�
,:,·
2. Person to whom communications regarding the filed information may be addressed:
Name: Jw Lars Dorr
Title: Lead Project Engineer, Exergy Technology Concepts, LLC
Telephone number: 208.429.1499
Mailing address: 802 W. Bannock, Ste 1200
FBRC Form No. 556 XR.G·DP&, LLC
Boise, ID 83702
1f13/2007
Exhibit A, Page 61 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 3 of6
3a. Location of facility to be certified:
State: Idaho
County: Cassia
City or town: Malta
Street address (if known): NIA
3b. Indicate the electric utilities that are contemplated to transact with the qualifying facility (if known) and describe the services those electric utilities are expected to
provide:
Pacificorp DBA, Rocky Mountain Power
Indicate utilities interconnecting with the facility and/or providing wheeling service [ 18
C.F.R. §§ 292.303(c) and (d)]:
Bonneville Power Administration
Indicate utilities purchasing the useful electric power output [ 18 C.F .R. §§ 292.1 O 1 (b )(2), 292.202{g) and 292.303(a)]:
Pacificorp DBA, Rocky Mountain Power
Indicate utilities providing supplementary power, backup power, maintenance power,
and/or interruptible power service [18 C.F.R. §§ 292.10l{bX3), {b)(8), 292.303{b) and
292.305(b)]:
Bonneville Power Administration
4a Describe the principal components of the facility including boilers, prime movers and
electric generators, and explain their operation. Include transmission lines, transformers
and switchyard equipment, if included as part of the facility.
De Wind D8.2, 2.0MW Wind Turbine Generator
Numberofunits-10
4b. Indicate the maximum gross and maximum net electric power production capacity of
Exhibit A, Page 62 of 301
Case No. PAC-E-10-08 Rocky Mountain Power's Motion for Summary Judgment
FERC Form No. 556 XRG-DPS, LLC 2fl3n.007 Page 4 of6
the facility at the point(s) of delivery and show the derivation. [Note: Maximwn gross output
is the maximum amount of power that the facility is able to produce, measured at the terminals of the
generatorts). Maximum net output is maximum gross output minus(]) any auxiliary load for devices that
arc necessary and integral to the power production process (fans. pumps, etc.), and (2) any losses incurred
from the generator(s) to the point of delivery. If any electric power is consumed at the location of the QF
( or thermal host) for purposes .llQ! related to the power production process, such power should not be
subtracted from gross output for purposes of reporting maximum net output here.)
Gross output. 20 MW
Net output: 18 MW
Derivation (assumptions about losses, auxiliary load or lack thereof, and calculation of
gross and net output):
10.0% losses including, but not limited to, line losses, icing, availability,
waking, turbu)ence/control, etc.
4c. Indicate the actual or expected installation and operation dates of the facility, or the
actual or expected date of completion.of the reported modification to the facility:
June2008
4d. Describe the primary energy input (e.g., hydro, coal, oil [18 C.F.R § 292.202(1)],
natural gas [18 C.F.R. § 292.202(k)], solar, geothermal, wind, waste, biomass [18 C.F.R.
§ 292.202(a)], or other). For a waste energy input that does not fall within one of the
categories on the Commission's list of previously approved wastes, demonstrate that such
energy input has little or no current commercial value and that it exists in the absence of
the qualifying facility industry [18 C.F.R § 292.202(b)).
100% Wind energy input
5. Provide the average annual hourly energy input in terms of Btu for the following fossil
fuel energy inputs, and provide the related percentage of the total average annual hourly
energy input to the facility [18 C.F.R § 292.2020)]. For any oil or natural gas fuel, use
lower heating value [ 18 C.F .R § 292.202(m)]:
Natural gas: None
Oil: None
Coal (applicable only to a small power production facility): None
FERC Form No. 556 XRG-DP8, LLC 2123/2007
Exhibit A, Page 63 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page S of6
6. Discuss any particular characteristic of the facility which the cogenerator or small
power producer believes might bear on its qualifying status.
None
PART B: DESCRIPTION OF TIIB SMALL POWER PRODUCTION FACILITY
Items 7 and 8 only need to be answered by applicants seeking certification as a small power
production facility. Applicants for certification as a cogeneration facility may delete Items 7 and 8
from their application, or enter .. 'NI A" at both items.
7. Describe how fossil fuel use will not exceed 25 percent of the total annual energy input
limit [18 C.F .R §§ 292.2020) and 292.204(b )]. Also, describe how the use of fossil fuel
will be limited to the following purposes to conform to Federal Power Act section
3(17)(B): ignition, start-up, testing, flame stabilization, control use, and minimal amounts
of fuel required to alleviate or prevent unanticipated equipment outages and emergencies
directly affecting the public.
NIA
8. If the facility reported herein is not an eligible solar, wind, waste or geothermal
facility, and if any other non-eligible facility located within one mile of the instant
facility is owned by any of the entities (or their .affiliates) reported in Part A at item le
above and uses the same primary energy input, provide the- following information about
the other facility for the purpose of demonstrating that the total of the power production
capacities of these facilities does not exceed 8Q "MW [18 C.F.R § 292.204(a)): (See
definition of an "eligible facility" below. Note that an "eligible facility" is a specific typ¢ of small power
production facility that is eligible for special treatment under the Wind, Waste and Geothermal Power
Production Incentives Act of 1990, as subsequently amended in 1991, and should not be confused with
facilities that are generally eligible for QF status.]
Facility name, if any (as reported to the Commission):
NIA
Commission Docket Number:
NIA
Name of common owner:
NIA
Exhibit A, Page 64 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
FERC Form No. SS6
XRG-DP8, Ll.C 2!1312007 Pagc6of6
Common primary energy source used as energy input:
NIA
Power production capacity (MW):
NIA
An eligible solar, wind, waste or geothermal facility, as defined in Section 3(17)(E) of the
Federal Power Act, is a small power production facility that produces electric energy
solelyby the use, as a primary energy input, of solar, wind, waste or geothermal
resources, for which either an application for Commission certification of qualifying
status [18 C.F .R § 292207(b)] or a notice of self-certification of qualifying status [18
C.F.R § 292.207(a)) was submitted to theCommission not later than December 31, 1994,
and for which construction of such facility commences not later than December 31, 1999,
or if not, reasonable diligence is exercised toward the completion of such facility, taking
into account all factors relevant to construction of the facility.
PART C: DESCRIPTION OF Tiffi COGENERATIONFACILI1Y
Items 9 through 15 only need to be answered by applicants seeking certification as a cogeneration · facility. Applicants for certification as a small power production facility may delete Items 9 through
15 from their application, or enter "NIA" at each item.
DELETED
EXHIBIT A-5
January 22, 2009 email from Peter Richardson.
Exhibit A, Page 65 of 301
Case No. PAC·E-1�8
Rocky Mountain Power's Motion for Summary Judgment
Case: PAC-E-10-08
Exhibit A to Rocky Mountain
Power's First Production
Request to XRG
Exhibit A, Page 66 of 301
Case No. PAC-E-10-08
Rocky Mountain Powets Motion for Summary Judgment
Exhibit A, Page 67 of 301
Case No. PAC-E-10--08
Rocky Mountain Power's Motion for Summary Judgment
Page 1 of 1
Griswold, Bruce {Mkt Function}
From: Peter Richardson [[e-mail]]
Sent: Thursday, January 22, 2009 7:24 AM
To: Griswold, Bruce {Mkt Function}; Younie, John
Subject: Correction to the DP Letters
Bruce and John,
Just wanted to note a typo in my cover letters for the four DP projects. In those letters I noted
that the projects are entitled to the published rates because they are below 30 average monthly
MW. That should have been below 10 average monthly MW. The production numbers on the
enclosed spread sheets reflect the actual predicted production which is below 10 average monthly MW. The 30 number was simply an error on the lawyer's part and not the engineer's. Sorry for any confusion this may have presented.
-Pete
Peter Richardson
Richardson & O'Leary
515 N. 27th Street
Boise, Idaho 83702
[phone]
Exhibit A. Page 68 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Exhibit A, Page 69 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Sunvnary Judgment
Case: PAC-E-10-08
Exhibit A to Rocky Mountain
Power's First Production
Request to XRG
EXHIBIT A-6
January 22, 2009 email with attachments from Collin Rudeen, Lead Project
Engineer, Exergy Technology Concepts.
Exhibit A. Page 70 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Exhibit A, Page 71 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 1 of 1
Younie, John
From:
Sent:
[e-mail] on behalf of Collin Rudeen [[e-mail]]
Thursday, January 22, 2009 7:51 AM
To: Griswold, Bruce {Mkt Function}; Younie, John
Cc: Peter Richardson; James Carkulis
Subject.: PURPA contract requests
Attachments: PURPA Contract Request - XRG-DP9.pdf; PURPA Contract Request - XRG-DP1 O.pdf; FERC Form
556 - XRG-OP7 .pdf
John and Bruce,
Please see the three attached files, sent at Peter Richardson's request
Regards,
Collin Rudeen
Lead Project Engineer
Exergy Technology Concepts
802 W Bannock, ste 1200
Boise, ID 83702
ph: 208.336.9793
[e-mail]
This electronic or printed document contains information which (a) may
be LEGALLY PRIVILEGED, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY
LAW FROM DISCLOSURE, and (b) is intended only for the use of the
Addressee(s) named above. If the reader of this message is not the
intended recipient, or the employee or agent responsible to deliver it
to the intended recipient, you are hereby notified that any
dissemination, distnbution or copying of this communication is strictly
prohibited. If you have received this communication in error, please
immediately notify us by telephone, and return the original message to
us at the above address.
Exhibit A, Page 72 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summa,y Judgment
Form Approved OMB Control No. 1902-0075
Expires 7/31/2009
FERC Form No. 556
18 C.F.R. § 131.80
CERTIFICATION OF QUALIFYING FACILITY STATUS FOR AN EXISTING OR A
PROPOSED SMALL POWER PRODUCTION OR COGENERA TION FACil..ITY
INFORMATION ABOUT COMPLIANCE
Compliance with the information collection requirements established by the FERC Form No. 556 is
required to obtain and maintain status as a qualifying facility. See 18 C.F.R. § 131.80 and Part 292. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of
infonnation unless it displays a currently valid OMB control number.
SUBMITTING COMMENTS ON PUBLIC REPORTlNG BURDEN
The estimated burden for completing FERC Form No. 556, including gathering and reporting
information, is 4 hours for self-certifications and 38 hours for applications for Commission certification. Send comments regarding this burden estimate or any aspect of this collection of
information, including suggestions for reducing this burden, to the following: Michael Miller, Office
of the Executive Director (ED-34}, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426; and Desk Officer for FERC, Office of Infonnation and Regulatory Affairs,
Office of Management and Budget, Washington, DC 20503 ([e-mail]). Include the Control No. 1902-0075 in any correspondence.
GENERAL INSTRUCTIONS
Complete this form by replacing bold text below with responses to each item, as required.
PART A: GENERAL INFORMATION TO BE SUBMITTED BY ALL APPLICANTS
la. Full name of applicant: [Note: Applicant is the legal entity submitting this form, not the
individual employee making the filing. Generally, the Applicant will be a company, corporation or
organization, unless the facility is owned directly by an individual or individuals.]
XRG-DP7,LLC
Primary Activity: Independent Power Producer, renewable electrical
generation
Docket Number assigned to the immediately preceding submittal filed with the
Commission in connection with the instant facility, if any:
none
Purpose of instant filing (self-certification or self-recertification (18 C.F.R. §
292.207(a)(l)], or application for Commission certification or recertification (18 C.F.R.
§§ 292.207(b) and (d)(2)J):
FERC Fonn No. 556 XRG-DP7, LLC
Self-certification
lb. Full address of applicant:
1424 Dodge Ave.
Helena, MT 59601
2/2312007
Exhibit A, Page 73 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 2 of6
r
le. Indicate the owner(s} of the facility (including the percentage of ownership held by
any electric utility or electric utility holding company, or by any persons owned by
either} and the operator of the facility. Additionally, state whether or not any of the non­
electric utility owners or their upstream owners are engaged in the generation or sale of
electric power, or have any ownership or operating interest in any electric facilities other
than qualifying facilities. In order to facilitate review of the application, the applicant
may also provide an ownership chart identifying the upstream ownership of the facility.
Such chart should indicate ownership percentages where appropriate.
Exergy Development Group - Idaho, LLC
Exergy Development Group - Idaho, LLC is solely owned by Exergy
Development Group, LLC, a Montana limited liability company.
Exergy Development Group, LLC is not comprised of any ownership by a
public or private utility. ·
1 d. Signature of authorized individual evidencing accuracy and authenticity of
information provided by applicant: [Note: A signature on a filing shall constitute a certificate that
(1) the signer has read the filing and knows its contents; (2) the contents are true as stated, to the best
knowledge and belief of the signer; and (3) the signer possesses full power and authority to sign the filing.
A person submitting a self-certification electronically via eFiling may use typed characters representing their name to show that the person has signed thedocument, See 18 C.F.R. § 385.2005.)
2. Person to whom communications regarding the filed information may be addressed:
Name: J. Lars Dorr
Title: Lead Project Engineer, Exergy Technology Concepts, LLC
Telephone number: 208.429.1499
Mailing address: 802 W. Bannock, Ste 1200
Exhibit A, Page 74 of 301
Case No. PAC-E-1o--08
Rocky Mountain Power's Motion for Summary Judgment
FERC Form No. 556
XRO-DP7, LLC
Boise, ID 83702
W.3!1.007 Page 3 of6
3a. Location of facility to be certified:
State: Idaho
County: Cassia
City or town: Malta
Street address (if known): NIA
3b. Indicate the electric utilities that are contemplated to transact with the qualifying
facility (if known) and describe the services those electric utilities are expected to
provide:
Pacificorp DBA, Rocky Mountain Power
Indicate utilities interconnecting with the facility and/or providing wheeling service [18
C.F.R.. §§ 292.303(c) and (d)]:
Bonneville Power Administration
Indicate utilities purchasing the useful electric power output [ 18 C.F .R. §§ 292.101 (b )(2),
292.202(g) and 292.303(a)]:
Pacificorp DBA, Rocky Mountain Power
Indicate utilities providing supplementary power, backup power, maintenance power,
and/or interruptible power service (18 C.F.R. §§ 292.10l{bX3), (b)(8), 292.303{b) and 292.305(b)]:
Bonneville Power Administration
4a. Describe the principal components of the facility including boilers, prime movers and
electric generators, and explain their operation. Include transmission lines, transformers
and switchyard equipment, if included as part of the facility.
De Wind D8.2, 2.0MW Wind Turbine Generator
Number of units -10
4b. Indicate the maximum gross and maximum net electric power production capacity of
t
FERC Form No. SS6
XRG·DP7, LLC
2mnoo1
Exhibit A, Page 75 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 4 of6
the facility at the poinus) of delivery and show the derivation. (Note: Maximum gross output
is the maximum amount of power that the facility is able to produce, measured at the terminals of the
gcnerator(s). Maximum net output is maximum gross output minus (1) any auxiliary load for devices that
are necessary and integral to the power production process (fans, pumps, etc.), and (2) any losses incurred
from the generator(s) to the point of delivery. If any electric power is consumed at the location of the QF
( or thermal host) for purposes nQ1 related to the power production process, such power should not be subtracted from gross output for purposes of reporting maximum net output here.]
Gross output: 20 MW
Net output: 18 MW
Derivation (asswnptions about losses, auxiliary load or lack thereof, and calculation of
gross and net output):
10.0% losses including, but not limited to, line losses, icing, availability,
waking, turbulence/control, etc.
4c. Indicate the actual or expected installation and operation dates of the facility, or the
actual or expected date of completion of the reported modification to the facility:
June2008
4d. Describe the primary energy input (e.g., hydro, coal, oil [18 C.F.R § 292.202(1)],
natural gas (18 C.F.R. § 292.202(k)], solar, geothermal, wind, waste, biomass (18 C.F.R
§ 292.202(a)J, or other). For a waste energy input that does not fall within one of the
categories on the Commission's list of previously approved wastes, demonstrate that such
energy input has little or no current commercial value and that it exists in the absence of
the qualifying facility industry (18 C.F.R § 292.202(b)].
100% Wind energy input
5. Provide the average annual hourly energy input in terms of Btu for the following fossil
fuel energy inputs, and provide the related percentage of the total average annual hourly
energy input to the facility [18 C.F.R § 292.2020)). For any oil or natural gas fuel, use
lower heating value [18 C.F.R § 292.202(m)]:
Natural gas: None
Oil: None
Coal (applicable only to a small power production facility): None
Exhibit A, Page 76 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Stmmary Judgment
FERC Fonn No. SS6 XRG·DP7, LLC 2n.3/2007 Page S of6
6. Discuss any particular characteristic of the facility which the cogenerator or small
power producer believes might bear on its qualifying status.
None
PART B: DESCRIPTION OF THE SMALL POWER PRODUCTION F AC1LITY
Items 7 and 8 only need to be answered by applicants seeking certification as a small power production facility. Applicants for certification as a cogeneration facility may delete Items 7 and 8
from their application, or enter "NIA" al both items.
7. Describe how fossil fuel use will not exceed 25 percent of the total annual energy input
limit [18 C.F.R §§ 292.2020) and 292.204(b)]. Also, describe how the use of fossil fuel
will be limited to the following purposes to conform to Federal Power Act section
3( l 7)(B): ignition, start-up, testing, flame stabilization, control use, and minimal amounts
of fuel required to alleviate or prevent unanticipated equipment outages and emergencies
directly affecting the public.
NIA
8. If the facility reported herein is not an eligible solar, wind, waste or geothermal
facility, and if any other non-eligible facility located within one mile of the instant
facility is owned by any of the entities ( or their 'affiliates) reported in Part A at item 1 c
above and uses the same primary energy input, provide the following information about
the other facility for the purpose of demonstrating that the total of the power production
capacities of these facilities does not exceed 80 MW [18 C.F.R § 292.204(a)]: [See
definition of an "eligible facility" below. Note that an "eligible facility" is a specific type of small power production facility that is eligible for special treatment under the Wind, Waste and Geothennal Power
Production Incentives Act of 1990, as subsequently amended in 1991, and should not be confused with
facilities that are generally eligible for QF status.]
Facility name, if any (as reported to the Commission):
NIA
Commission Docket Number:
NIA
Name of common owner:
NIA
FERC Form No. SS6 XRG-DJ>7, LLC 2!2312007
Exhibit A, Page 77 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summa,y Judgment
Page 6 of6
Common primary energy source used as energy input:
NIA
Power production capacity (MW):
NIA
An eligible solar, wind, waste or geothermal facility, as defined in Section 3(17)(E) of the
Federal Power Act, is a small power production facility that produces electric energy
solely by the use, as a primary energy input, of solar, wind, waste or geothermal
resources, for which either an application for Commission certification of qualifying
status [18 C.F.R § 292.207(b)) or a notice of self-certification of qualifying status [18
C.F.R § 292.207(a)] was submitted to the Commission not later than December 31, 1994,
and for which construction of such facility commences not later than December 31, 1999,
or if not, reasonable diligence is exercised toward the completion of such facility, taking
into account all factors relevant to construction of the facility.
PART C: DESCRIPTION OF THE COGENERATION FACILITY
Items 9 through 15 only need to be answered by applicants seeking certification as a cogeneration facility. Applicants for certification as a small power production facility may delete Items 9 through
15 from their application. or enter "N/A" at each Item.
DELETED
Exhibit A, Page 78 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
/ /cJ8-·, ; i. t/ Ce�
�.6,0.�4,.E)l�Y,. ,u.c
ATTORHfYS AT LAW
Peter Richardson
Tel: 20a-9.U·7,0I Fu: JOa-ua-7904
petu.rlc�• rol•o•••dol r I ry.com
P.O. Bos 7218 Bolsc.10 0701 • SIS N. J?d. Sc. loik, 10 0702
January 21, 2009 Bruce Griswold
John Younie
825 NW Multnomah
Portland, Oregon 97232
Via overnight delivery
Re: PURPA Contract for XRG-DP-10, LLC
Dear Bruce and John:
I visited with you via e-mail communications a while back regarding a PURPA
agreement for the above reference company. Please consider this to be a follow up request for an Idaho jurisdictional standard twenty year QF agreement with non-levelized
rates. The project will be less than 30 average monthly MW and should therefore qualify for the Idaho PUC's published rates.
The first operation date is December 31, 2010.
The project is located in Cassia County, Idaho. Estimated production data and a location
map is attached for your review. Also attached is a copy of the FERC Notice of Self
Certification for this project, which together with the map and production data should be
sufficient for you to provide my client with a power purchase agreement Because the
project will be interconnect with SPA facilities and deliver to your Brady Substation in
Southern Idaho, there is no need for us to engage Rocky Mountain Power for an
interconnection agreement.
Thank you for your prompt response and please give me a call if you have any questions.
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Exhibit A, Page 80 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
XMape 5.2 GIS Edltor
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C, Oetom,e. 1(Map9 S.2 GIS Edit« .
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Exhibit A, Page 81 of 301
Case No. PAC-E-1�8
-------------------------'-'R=Mountain Power's Motion fOI' Summary Judgment
Fonn Approved OMB Control No. 1902-0075
Expires 7/3112009
FERC Form No. 556
18 C.F.R. § 131.80
CERTIFICATION OF QUALIFYING FACILITY STATUS FOR AN EXISTING OR A
PROPOSED SMALL POWER PRODUCTION OR COGENERATION FACILITY
INFORMATION ABOUT COMPLIANCE
Compliance with the information collection requirements established by the FERC Form No. 556 is
required to obtain and maintain status as a qualifying facility. See 18 C.F .R. § I 31.80 and Part 292.
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.
SUBMIITING COMMENTS ON PUBLIC REPORTING BURDEN
The estimated burden for completing FERC Form No. 556, including gathering and reporting information, is 4 hours for self-certifications and 38 hours for applications for Commission
certification. Send comments regarding this burden estimate or any aspect of this collection of
information, including suggestions for reducing this burden, to the following: Michael Miller, Office
of the Executive Director (ED-34), Federal Energy Regulatory Commission, 888 First Street NE.,
Washington. DC 20426; and Desk Officer for FERC, Office of Information and Regulatory Affairs,
Office of Management and Budget, Washington, DC 20503 ([e-mail]). Include the Control No. 1902-0075 in any correspondence.
GENERAL INSTRUCTIONS
Complete this form by replacing bold text below with responses to each item, as required.
PART A: GENERAL INFORMATION TO BE SUBMITTED BY ALL APPLICANTS
la. Full name of applicant: [Note: Applicant is the legal entity submitting this form, not the
individual employee making the filing, Generally, the Applicant will be a company, corporation or
organization, unless the facility is owned directly by an individual or individuals.)
XRG-DPIO, LLC
Primary Activity: Independent Power Producer, renewable electrical
generation
Docket Number assigned to the immediately preceding submittal filed with the
Commission in connection with the instant facility, if any:
none
Purpose of instant filing (self-certification or self-recertification [ 18 C.F .R .§
292.207(aXl)], or application for Commission certification or recertification [18 C.F.R.
§§ 292.207(b) and (d)(2)]):
Exhibit A, Page 82 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summa,y Judgment
FERC Form No. 556 XRG·DPIO, LLC
Self-cert.ification
1 b. Full address of applicant:
1424 Dodge Ave.
Helena, MT 59601
2123noo1 Page 2 of6
le. Indicate the owner(s) of the facility (including the percentage of ownership held by
any electric utility or electric utility holding company, or by any persons owned by
either) and the operator of the facility. Additionally, state whether or not any of the non­
electric utility owners or their upstream owners are engaged in the generation or sale of
electric power, or have any ownership or operating interest in any electric facilities other
than qualifying facilities. In order to facilitate review of the application, the applicant
may also provide an ownership chart identifying the upstream ownership of the facility.
Such chart should indicate ownership percentages where appropriate.
Exergy Development Group- Idaho, LLC
Exergy Development Group - Idaho, LLC is solely owned by Exergy
Development Group, LLC, a Montana limited liability company.
Excrgy Development Group, LLC is not comprised of any ownership by a
public or private utility.
ld. Signature of authorized individual evidencing accuracy and authenticity of
information provided by applicant: [Note:· A signature on a filing shall constitute a certificate that
( l) the signer has read the filing and knows its contents; (2) the contents are true as stated, to the best
knowledge and belief of the signer; and (3) the signer possesses full power and authority to sign the fi1 ing.
A person submitting a self-certification electronically via eFiling may use typed characters representing
their name to show that the person has signed the document. See 18 C.F .R. § 385.2005.)
2. Person to whom communications regarding the filed information may be addressed:
Name: J. Lars Dorr
Title: Lead Project Engineer, Exergy Technology Concepts, LLC
Telephone number: 208.429.1499
Mailing address: 802 W. Bannock, Ste 1200
Exhibit A, Page 83 of 301
Case No. PAC-E-10-08
------------------------'-R=o= Mountain Power's Motion for Summary Judgment
FERC Form No. 556 XRG-DPJO, LLC
Boise, ID 83702
2123/2007 Page 3 0(6
3a. Location of facility to be certified:
State: Idaho
County: Cassia
City or town: Malta
Street address (if known): NIA
3b. Indicate the electric utilities that are contemplated to transact with the qualifying
facility (if known) and describe the services those electric utilities are expected to
provide:
Pacificorp DBA, Rocky Mountain Power
Indicate utilities interconnecting with the facility and/or providing wheeling service [18 .
C.F.R §§ 292.303(c) and (d)J:
Bonneville Power Administration
Indicate utilities purchasing the useful electric power output [18 C.F.R. §§ 292.10l(b)(2),
292.202(g) and 292.303(a)]:
Pacificorp DBA, Rocky Mountain Power
Indicate utilities providing supplementary power, backup power, maintenance power,
and/or interruptible power service [18 C.F.R. §§ 292.10l(b)(3), (b)(8), 292.303(b) and
292.305(b)]:
Bonneville Power Administration
4a. Describe the principal components of the facility including boilers, prime movers and
electric generators, and explain their operation. Include transmission lines, transformers
and switchyard equipment, if included as part of the facility.
DeWind D8.2, 2.0MW Wind Turbine Generator
Number of units - 5
4b. Indicate the maximum gross and maximum 'net electric power production capacity of
r
Exhibit A, Page 84 of 301
Case No. PAC-€-10-08
Rocky Mountain Power's Motion for Summary Judgment
FERC Form No. SS6 XRG·DPIO, LLC 2n:Jr1.007 Page 4 of6
the facility at the point(s) of delivery and show the derivation. [Note: Maximum gross output
is the maximum amount of power that the facility is able to produce, measured at the terminals of the
generator{s). Maximum net output is maximum gross output minus (1) any auxiliary load for devices that are necessary and integral to the power production process (fans, pumps, etc.), and (2) any losses incurred
from the generator(s) to the point of delivery. If any electric power is consumed at the location of the QF
(or thermal host) for purposes DQl related to the power production process, such power should not be
subtracted from gross output for purposes of reporting maximum net output here.]
Gross output: 10 MW
Net output: 9 MW
Derivation (assumptions about losses, auxiliary load or lack thereof, and calculation of
gross and net output):
10.0o/o losses including, but not limited to, line losses, icing, availability,
waking, turbulence/control, etc.
4c. Indicate the actual or expected installation and operation dates of the facility, or the
actual or expected date of completion of the reported modification to the facility:
June 2008
4d. Describe the primary energy input (e.g., hydro, coal, oil [18 C.F.R. § 292.202(1)],
natural gas [18 C.F.R. § 292.202(k)], solar, geothermal, wind, waste, biomass (18 C.F.R
§ 292.202{a)], or other). For a waste energy input that does not fall within one of the
categories on the Commission's list of previously approved wastes, demonstrate that such
energy input has little or no current commercial value and that it exists in the absence of
the qualifying facility industry [18 C.F.R § 292.202(b)].
100% Wind energy input
5. Provide the average annual hourly energy input in terms of Btu for the following fossil
fuel energy inputs, and provide the related percentage of the total average annual hourly
energy input to the facility [18 C.F.R § 292.2020)]. For any oil or natural gas fuel, use
lower heating value [18 C.F.R § 292.202(m)]:
Natural gas: None
Oil: None
Coal (applicable only to a small power production facility): None
Exhibit A, Page 85 of 301
Case No. PAC-E-1�
________________________ ..:..:R= Mountain Powe(s Motion for Summary Judgment
FERC Fonn No. SS6 XRG-DPIO, LLC 2123noo1 PageS of6
6. Discuss any particular characteristic of the facility which the cogenerator or small
power producer believes might bear on its qualifying status.
None
PART B: DESCRIPTION OF THE SMALL PQWER PRODUCTION FACILITY
Items 7 and 8 only need to be answered by applicants seeking certification as a small power production facility. Applicants for certification as a cogencration facility may delete Items 7 and 8
from their application, or enter "NI A" at both items.
7. Describe how fossil fuel use will not exceed 25 percent of the total annual energy input
limit [ 18 C.F .R §§ 292.2020) and 292.204(b )]. Also, describe how the use of fossil fuel
will be limited to the following purposes to conform to Federal Power Act section
3( 17XB): ignition, start-up, testing, flame stabilization, control use, and minimal amounts
of fuel required to alleviate or prevent unanticipated equipment outages and emergencies
directly affecting the public.
NIA
8. If the facility reported herein is not an eligible solar, wind, waste or geothermal
facility, and if any other non-eligible facility located within one mile of the instant
facility is owned by any of the entities (or their affiliates) reported in Part A at item le
above and uses the same primary energy input, provide the following information about
the other facility for the purpose of demonstrating that the total of the power production
capacities of these facilities does not exceed 80 MW [18 C.F.R § 292.204(a)]: [See
definition ofan "eligible facility" below. Note that an "eligible facility" is a specific type of small power
production facility that is eligible for special treatment under the Wind, Waste and Geothermal Power
Production Incentives Act of 1990, as subsequently amended in 1991, and should not be confused with facilities that are generally eligible for QF status.]
Facility name, if any (as reported to the Commission):
NIA
Commission Docket Number:
NIA
Name of common owner:
NIA
Exhibit A. Page 86 of 301
Case No. PAC-E-10-08
Rocky Mountain Powel's Motion for Summary Judgment ------------------------
FERC Fonn No. SS6 XRG-OPIO, LLC 'l/2Jll.007 Page 6 of6
Common primary energy source used as energy input:
NIA
Power production capacity (MW):
NIA
An eligible solar, wind, waste or geothermal facility, as defined in Section 3(17)(E) of the
Federal Power Act, is a small power production facility that produces electric energy
solely by the use, as a primary energy input, of solar, wind, waste or geothermal
resources, for which either an application for Commission certification of qualifying
status [18 C.F.R § 292.207(b)) or a notice of self-certification of qualifying status [18
C.F.R § 292.207(a)] was submitted to the Commission not later than December 31, 1994,
and for which construction of such facility commences not later than December 31, 1999,
or if not, reasonable diligence is exercised toward the completion of such facility, taking
into account all factors relevant to construction of the facility.
PART C: DESCRIPTION OF THE COOENERATION FACILITY
Items 9 through 15 only need to be answered by applicants seeking certification as a cogeneration
facility. Applicants for certification as a smaJI power production facility may delete Items 9 through 15 from their application. or enter "NIA" at each item.
DELETED
Exhibit A, Page 87 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
-�>.
RI�SQNr •0JJ1EARY. Pu.c
ATTOltN'E'l'S AT LA-.
Peter Richardson
Td: l08·931·7'0l Fu: 208-9J8·7'04
pc u rfl r lch I rd,o a:t nd olea ry.com
P.O. 801 7218 Bo, ... ID 0707 • SIS N. 27,h Sc. Boise. ID 83701
January 21, 2009
Bruce Griswold
John Younie
825 NW Multnomah
Portland, Oregon 97232
Via overnight delivery
Re: PURPA Contract for XRG-DP-9, LLC
Dear Bruce and John:
I visited with you via e-mail communications a while back regarding a PURP A
agreement for the above reference company. Please consider this to be a follow up request for an Idaho jurisdictional standard twenty year QF agreement with non-levelized
rates. The project will be less than 30 average monthly MW and should therefore qualify for the Idaho PUC's published rates.
The first operation date is December 31, 20 l 0.
The project is located in Cassia County, Idaho. Estimated production data and a location
map is attached for your review. Also attached is a copy of the FERC Notice of Self
Certification for this project, which together with the map and production data should be
sufficient for you to provide my client with a power purchase agreement. Because the
project will be interconnect with BPA facilities and deliver to your Brady Substation in
Southern Idaho, there is no need for us to engage Rocky Mountain Power for an
interconnection agreement.
Thank you for your prompt response and please give me a call if you have any questions. s�;;a�
Pete Richardson
Attorney for XRG-DP-9, LLC
•
,...
'
Exhibit A, Page 88 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
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Exhibit A. Page 90 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Sunvnary Judgment
Fonn Approved
OMB Control No. I 902-0075 Expires 7/31/2009
FERC Form No. 556
18 C.F.R. §.131.80
CERTIFICATION OF QUALIFYING FACILITY STATUS FOR AN EXISTING OR A
PROPOSED SMALL POWER PRODUCTION OR COGENERA TION FACILITY
INFORMATION ABOUT COMPLIANCE
Compliance with the information collection requirements established by the FERC Form No. 556 is
required to obtain and maintain status as a qualifying facility. See 18 C.F.R. § 131.80 and Part 292.
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
SUBMITI]NG COMMENTS ON PUBLIC REPORTING BURDEN
The estimated burden for completing FERC Form No. 556, including gathering and reporting
information, is 4 hours for self-certifications and 38 hours for applications for Commission
certification. Send comments regarding this burden estimate or any aspect of this collection of
information, including suggestions for reducing thi� burden, to the following: Michael Miller, Office
of the Executive Director (ED-34), Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426; and Desk Officer for FERC, Office of Information and Regulatory Affairs,
Office of Management and Budget, Washington, DC 20503 ([e-mail]). Include the Control No. 1902-0075 in any correspondence.
GENERAL INSTRUCTIONS
Complete this form by replacing bold text below with responses to each item, as required.
PART A: GENERAL INFORMATION TO BE SUBMITTED BY ALL APPLICANTS
la. Full name of applicant: (Note: Applicant is the legal entity submitting this form, not the
individual employee making the filing. Generally, the Applicant will be a company, corporation or
organization. unless the facility is owned directly by an individual or individuals.)
XRG-DP9, LLC
Primary Activity: Independent Power· Producer, renewable electrical
generation
Docket Number assigned to the immediately preceding submittal filed with the
Commission in connection with the instant facility, if any:
none
Purpose of instant filing (self-certification or self-recertification [18 C.F.R. §
292.207(a)(l)], or application for Commission certification or recertification (18 C.F.R.
§§ 292.207(b) and (d)(2)]):
FERC Fonn No. SS6 XRO-DP9, LLC
Self-certification
lb. Full address of applicant:
1424 Dodge Ave.
Helena, MT 59601
1123/2007
Exhibit A, Page 91 of 301
Case No. PAC-E-1<H>8
Rocky Mountain Power's Motion for Summary Judgment
Page 2 of6
le. Indicate the owner(s) of the facility (including the percentage of ownership held by
any electric utility or electric utility holding company, or by any persons owned by
either) and the operator of the facility. Additionally, state whether or not any of the non­
electric utility owners or their upstream owners are engaged in the generation or sale of
electric power, or have any ownership or operating interest in any electric facilities other
than qualifying facilities. In order to facilitate review of the application, the applicant
may also provide an ownership chart identifying the upstream ownership of the facility.
Such chart should indicate ownership percentages where appropriate.
Exergy Development Group - Idaho, LLC ·
Exergy Development Group - Idaho, LLC is solely owned by Exergy
Development Group, LLC, a Montana limited liability company.
Exergy Development Group, LLC is not comprised of any ownership by a
public or private utility.
1 d. Signature of authorized individuaJ evidencing accuracy and authenticity of
information provided by applicant: [Note: A signature on a filing shall constitute a certificate that
(1) the signer has read the filing and knows its contents; (2) the contents are true as stated, to the best
knowledge and belief of the signer; and (3) the signer possesses full power and authority to sign the filing.
A person submitting a self-certification electronically via efiling may use typed characters representing
their name to show that the person has signed the document. See 18 C.F.R. § 385.2005.]
2. Person to whom communications regarding the filed information may be addressed:
Name: J. Lars Dorr
Title: Lead Project Engineer, Exergy Technology Concepts, LLC
Telephone number: 208.429.1499
Mailing address: 802 W. Bannock, Ste 1200
Exhibit A, Page 92 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
FERC Forni No. SS6 XRO·DP9, LLC
Boise, ID 83702
3a. Location of facility to be certified:
State: Idaho
County: Cassia
City or town: Malta
Street address (if known): N/A
2mn.001 Page 3 of6
r
3b. Indicate the electric utilities that are contemplated to transact with the qualifying
facility (if known) and describe the services those electric utilities are expected to
provide:
Paciflcorp DBA, Rocky Mountain Power
Indicate utilities interconnecting with the facility and/or providing wheeling service [18
C.F.R. §§ 292.303(c) and (d)]:
Bonneville Power Administration
Indicate utilities purchasing the useful electric power output [ 18 C.F .R. § § 292.101 (b )(2),
292.202(g) and 292.303(a)]:
Paciflcorp DBA, Rocky Mountain Power
Indicate utilities providing supplementary power, backup power, maintenance power,
and/or interruptible power service [18 C.F.R. §§ 292.101(b)(3), (bX8), 292.303(b) and
292.305(b )] :
Bonneville Power Administration
4a. Describe the principal components of the facility including boilers, prime movers and
electric generators, and explain their operation. Include transmission lines, transformers
and switchyard equipment, if included as part of the facility.
De Wind D8.2, 2.0MW Wind Turbine Generator
Number of units -10
4b. Indicate the maximum gross and maximum net electric power production capacity of
FERC Fonn No. SS6
XRG-DP9, LLC
2/2312007
Exhibit A, Page 93 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 4 of6
the facility at the point(s) of delivery and show the derivation. [Note: Maximum gross output
is the maximum amount of power that the facility is able to produce, measured at the terminals of the
generator(s). Maximum net output is maximum gross output minus (I) any auxiliary load for devices that are necessary and integral to the power production process (fans, pumps, etc.), and (2) any losses incurred
from the generator(s) to the point of delivery. If any electric power is consumed at the location of the QF
(or thermal host) for purposes nQ! related to the power production process, such power should not be
subtracted from gross output for purposes of reporting maximum net output here.]
Gross output: 20 MW
Net output: 18 MW
Derivation (assumptions about losses, auxiliary load or lack thereof, and calculation of
gross and net output):
10.0% losses including, but not limited to, line losses, icing, availability,
waking, turbulence/control, etc.
4c. Indicate the actual or expected installation and operation dates of the facility, or the
actual or expected date of completion of the reported modification to the facility:
June2008
4d. Describe the primary energy input (e.g., hydro, coal, oil [18 C.F.R § 292.202(1)],
natural gas (18 C.F.R § 292.202(k)J, solar, geothermal, wind, waste, biomass [18 C.F.R
§ 292.202(a)], or other). For a waste energy input that does not fall within one of the
categories on the Commission's list of previously approved wastes, demonstrate that such
energy input bas little or no current commercial value and that it exists in the absence of
the qualifying facility industry [18 C.F.R § 292.202(b)].
100% Wind energy input
5. Provide the average annual hourly energy input in terms of Btu for the following fossil
fuel energy inputs, and provide the related percentage of the total average annual hourly
energy input to the facility [18 C.F.R § 292.2020)]. For any oil or natural gas fuel, use
lower heating value [18 C.F.R § 292.202(m)]:
Natural gas: None
Oil: None
Coal (applicable only to a small power production facility): None
i
Exhibit A, Page 94 of 301 Case No. PAC-E-10-08
Rocky Mountain Powe(s Motion for Summa,y Judgment
FERC Form No. SS6 XRG-DP9, LLC 2/2312007 P1ge S of6
6. Discuss any particular characteristic of the facility which the cogenerator or small
power producer believes might bear on its qualifying status.
None
PART B: DESCRIPTION OF Tiffi SMALL POWER PRODUCTION FACILITY
Items 7 and 8 only need to be answered by applicants seeking certification as a small power
production facility. Applicants for certification as a cogeneration facility may delete Items 7 and 8
from their application, or enter .. NIA" at both items.
7. Describe how fossil fuel use will not exceed 25 percent of the total annual energy input
limit [18 C.F.R §§ 292.2020) and 292.204(b)]. Also, describe how the use of fossil fuel
will be limited to the following purposes to conform to Federal Power Act section
3(17)(B): ignition, start-up, testing, flame stabilization, control use, and minimal amounts
of fuel required to alleviate or prevent unanticipated equipment outages and emergencies
directly affecting the public.
NIA
8. If the facility reported herein is not an eligible solar, wind, waste or geothermal
facility, and if any other non-eligible facility located within one mile of the instant
facility is owned by any of the entities (or their affiliates) reported in Part A at item le
above and uses the same primary energy input, provide the following information about
the other facility for the purpose of demonstrating that the total of the power production
capacities of these facilities does not exceed 80 MW [18 C.F.R § 292.204(a)]: [See
definition ofan "eligible facility" below. Note that an "eligible facility" is a specific type of small power production facility that is eligible for special treatment under the Wind, Waste and Geothermal Power
Production Incentives Act of 1990, as subsequently amended in 1991, and should not be confused with
facilities that are generally eligible for QF status.)
Facility name, if any (as reported to the Commission):
NIA
Commission Docket Number:
NIA
Name of common owner:
NIA
r-
FERC Form No. SS6 XRG-DP9, LLC 2/23/2007
Exhibit A, Page 95 of 301
Case No. PAC-E-10-08
Rocky Mountain Powe(s Motion fO( Summary Judgment
Page 6 of6
Common primary energy source used as energy input:
NIA
Power production capacity (MW):
NIA
An eligible solar, wind, waste or geothermal facility, as· defined in Section 3( l 7}(E) of the
Federal Power Act, is a small power production facility that produces electric energy
solely by the use, as a primary energy input, of solar, wind, waste or geothermal
resources, for which either an application for Commission certification of qualifying
status [18 C.F.R § 292.207(b)] or a notice of self-certification of qualifying status (18
C.F.R § 292.207(a)] was submitted to the Commission not later than December 31, 1994,
and for which construction of such facility commences not later than December 31, 1999,
or if not, reasonable diligence is exercised toward the completion of such facility, taking
into account all factors relevant to construction of the facility.
PART C: DESCRIPTION OF THE COGENERATION FACILITY
Items 9 through 15 only need to be answered by applicants seeking certification as a cogeneration
facility. Applicants for certification as a small power production facility may delete Items 9 through
15 from their application, or enter "NIA" at each item.
DELETED
Exhibit A, Page 96 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Exhibit A, Page 97 of 301
Case No. PAC-E-10-08
Rocky Mol.Kltain Power's Motion for summary Judgment
Case: PAC-E-10-08
Exhibit A to Rocky Mountain
Power's First Production
Request to XRG
EXHIBITA-7
January 23 to February 17, 2009 email exchange between James Carkulis, Manager
of XRG, Collin Rudeen, and Bruce Griswold, Director of Short-Term Origination and
QF Contracts, PacifiCorp C&T.
Exhibit A, Page 98 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Exhibit A. Page 99 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 1 of3
Griswold, Bruce {Mkt Function}
From: James T. Carkulis [[e-mail]]
Sent: Tuesday, February 17, 2009 5:46 AM
To: Griswold, Bruce {Mkt Function}; Collin Rudeen; Lawrence R. Leib
Cc: Younie, John
Subject: Re: PURPA contract requests
Bruce:
I believe you have the motive force raw data and also compilations and analyses.
I would like to move both the 4 contract front and the 2 contract front forward as per your indication of getting these finished quickly.
We are congizant of the filing by Rocky Mountain Power, but that should interfere with these negotiations.
We anticipate having online dates for these projects by 12-December-2010.
Regards,
James T .. Carkulis
Confidential & Proprietary Successfully Merging Free Marl!et Princlples with Societal Expectations Exergy Development Group, LLC [p) 208.336.9793 (I) 208.336.9431 [m] 406.459.3013
Ce) mtfi@ln:Jch com
This electronic or printed doctJment contains inronnation which (a) may be LEGALLY PRIVILEGED, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) ls Intended only ror the use or the Addressee(s) named above. If the reader or this message Is
not the Intended recipient, or the employee °' agent responsible to deliver it to the Intended recipient. you are hereby notified that any dissemination, distribution or copying or this communication is s1rictly prohibited. If you have received this communication in error, please immediataly notify us by telephone, and return the original message to us at the above address via first class, express maU. Thank you
- Original Message - From: Griswold, Bruce {Mkt Function}
To: Collin Rudeen ; James Carkuljs ; Lawrence R. Leib Cc: Younie, John Sent: Friday, January 23, 2009 3:04 PM
Subject: RE: PURPA contract requests
here is the call in information - the time is 9AM Mountain and 8AM Pacific.
Bruce Griswold from PacifiCorp has invited you to a Voice Conference (Mtg ID 121212) on JAN, 28 2009 at 8:00 AM
America/Los_Angeles. If provided, use the following password: 121212
To attend a Voice Conference: call 503-813-5600 (toll free #800-503-3360), follow the Instructions provided and enter Mtg ID 121212 when prompted.
Bruce Griswold
PacifiCorp C&T
Exhibit A, Page 100 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 2 of3
503-813-5218 Office
503-702-1445 Cell
503-813-6260 Fax
From: [e-mail] [mallto:[e-mail]] on Behalf Of Collin Rudeen Sent: Friday, January 23, 2009 12:39 PM To: Griswold, Bruce {Mkt Function}
Cc: Younie, John; Peter Richardson; James c.arkulls; Lawrence R. Leib
subject: Re: PURPA contract requests
Bruce,
Does 9:00, MST on Wednesday next week work for you guys? Pete will not be on the call. James and
maybe Larry Leib will be on the call, in addition to myself.
Regards,
Collin
On Thu, Jan 22, 2009 at 10: 18 AM, Griswold, Bruce {Mkt Function}
<Bruce.Griswold@pacificorJ>.com> wrote: I Collin I Thanks for the documents. Wewill review and schedule a time to discuss all projects next week.
! Purpose of the call would be to clarify the submittals, schedules, and deliverables. Who should we
: schedule the call with? We would tentative look at Wednesday for a call. I j If Pete will oil. the call, we will schedule to have our attorney also. Thanks.
I I Bruce Griswold i PacifiCorp C&T
; 503-813-5218 Office i 503-702-1445 Cell
I l 503-813-6260 Fax
1����������----�--.�����������--.����---���� ! From: [e-mail] [mailto:[e-mail]] On Behalf Of Collin Rudeen l Sent: Thursday, January 22, 2009 7:51 AM ! To: Griswold, Bruce {Mkt Function}; Younie, John l Cc: Peter Richardson; James Car1culis : subject: PURPA contract requests
John and Bruce,
'. Please see the three attached files, sent at Peter Richardson's request.
I ; Regards,
Exhibit A, Page 101 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 3 of3
Collin Rudeen
Lead Project Engineer
Exergy Technology Concepts
802 W Bannock, ste 1200
Boise, ID 83702
ph: 208.336.9793
[e-mail]
This electronic or printed document contains information which (a) may
be LEGALLY PRIVILEGED, PROPRIETARY IN NATURE, OR OTIIERWISE PROTECTED BY
LAW FROM DISCLOSURE, and (b) is intended only for the use of the
Addressee(s) named above. If the reader of this message is not the
intended recipient, or the employee or agent responsible to deliver it
to the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this communication in error, please -:
immediately notify us by telephone, and return the original message to
us at the above address.
Collin Rudeen Lead Project Engineer Exergy Technology Concepts
802 W Bannock, ste 1200
Boise, ID 83702 ph: 208.336.9793
[e-mail]
This electronic or printed document contains information which (a) may
be LEGALLY PRIVILEGED, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY
LAW FROM DISCLOSURE, and (b) is intended only for the use of the
Addressee(s) named above. If the reader of this message is not the
intended recipient, or the employee or agent responsible to deliver it
to the intended recipient, you are hereby notified that any
dissemination, distnbution or copying of this communication is strictly
prolnbited. If you have received this communication in error, please
immediately notify us by telephone, and return the original message to
us at the above address.
Exhibit A, Page 102 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Exhibit A, Page 103 of 301
Case No. PAC-E-10-08 Rocky Mountain Power's Motion for Summary Judgment
Case: PAC-E-10-08
Exhibit A to Rocky Mountain
Power's First Production
Request to XRG
EXHIBITA-8
February 25, 2009 email exchange between James Carkulis and Bruce Griswold.
Exhibit A. Page 104 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Exhibit A, Page 105 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment Page 1 of 4
Griswold, Bruce {Mkt Function}
From: James T. Carkulis {[e-mail])
Sent: Wednesday, February 25, 2009 12:51 PM
To: Griswold, Bruce {Mkt Function}; Collin Rudeen; Lawrence R. Leib
Cc: Younie, John
Subject: Re: PURPA contract requests
Bruce:
Sorry to hear about the flu.
You may wish to think about considering the dual 345kV PacifiCorp line from Bridger also to move Jack Ranch and JR 1 at Midpoint east and west.
At Malta, swaps could occur with BPA since PacifiCorp furnishes the energy for some of the BPA syndication in
the region.
I have all the faith PacifiCorp's expert transmission team will figure this out.
Regards,
James T. Carl<ulls
Confidential & Proprietary Svcces¥ully Merging F/'99 Marlcet Principles with soc;;etaJ Expectations Exergy Development Group, LlC (p) 208.336.9793
(I] 208.336.9431
(m] 406.459.3013 le) [e-mail]
This electronic or printed document contains lnfonnation which (a) may be LEGALLY PRNILEGED, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) Is Intended only for the use of the Addressee(s) named above. If the reader of this message Is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient. you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication In error, please Immediately notify us by telephone, and retum the original message to us at the above address via first class, express mail. Thank you
- Original Message -
From: Griswold, Bruce {Mkt Function}
To: James T. Carkulis; Collin Rudeen; Lawrence R. Leib Cc: Younie, John
Sent: Wednesday, February 25, 2009 1 :39 PM
Subject: RE: PURPA contract requests
James,
I have been out with the flu so I need to get back on this. We are looking at significant transmission
constraints at Brady and Borah so I am waiting on a final response back from our transmission trader
on our ability to accept and integrate the full amount of your requests at those points. I will have a
response back to you end of this week.
Bruce Griswold
PacifiCorp C&T
Exhibit A, Page 106 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment Page2 of4
503-813-5218 Office
503-702-1445 Cell
503-813-6260 Fax
From: James T. Carkulis [mailto:mt:[e-mail]]
Sent: Tuesday, February 17, 2009 5:46 AM
To: Griswold, Bruce {Mkt Function}; Collln Rudeen; Lawrence R. Leib
Cc: Younie, John
SUbject: Re: PURPA oontrad: requests
Bruce:
I believe you have the motive force raw data and also compilations and analyses.
I would like to move both the 4 contract front and the 2 contract front forward as per your indication of getting
these finished quickly.
We are conglzant of the filing by Rocky Mountain Power, but that should interfere with these negoUatlons.
We anticipate having online dates for these projects by 12-0ecember-2010.
Regards,
James T. Carkulls
Confidentlal & Proprietary Sucoossfully Merging Free Market Principles with Societal Expectetions
Exergy Development Group, LLC [p] 208.336.9793
{I] 208.336.9431
[m) 406.459.3013 [el mtrl@ln-tc:h.com
This electronic or printed document con1ains information which (a) may be LEGALLY PRMLEGED, PROPRIETARY IN.NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE. and (b) is intended only for the use ot lhe Addressee(s) named above. If the reader of this message is not the intended recipient, or the employee CJ( agent responsible to dellvef it to the Intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in enw, please immediately notify us by telephone, and return the ortglnal message to us at the above address via first class, express mail. Thank you
- Original Message - From: Griswold, Bruce {Mkt Function} To: Collin Rudeen; James Carkulis; Lawrence R. Leib
Cc: Younie. John Sent: Friday, January 23, 2009 3:04 PM Subject: RE: PURPA contract requests
here is the call in information-the time is 9AM Mountain and 8AM Pacific.
Bruce Griswold from PacifiCorp has invited you to a Voice Conference (Mtg ID U1212) on JAN, 28 2009 at 8:00 AM
America/Los_Angeles. If provided, use the following password: 121212
To attend a Voice Conference: Call 503-813-5600 (toll free #800�503-3360), follow the instructions
provided and enter Mtg ID 121212 when prompted.
ExhibitA, Page 107 of 301
Case No. PAC-E-10--08
Rocky Mountain Power's Motion for Summa_ry Judgment Page 3 of 4
ruce Griswold
acifiCorp C&T
503-813-5218 Office
503-702-1445 Cell
503-813-6260 Fax
From: [e-mail] [mailto:c:[e-mail]] On Behalf Of Collin Rudeen Sent; Friday, January 23, 2009 12:39 PM
o: Griswold, Bruce {Mkt Function}
Cc: Younie, John; Peter Richardson; James carkulls; Lawrence R. Leib
SUbject: Re: PURPA contract requests
Bruce,
oes 9:00, MST on Wednesday next week work for you guys? Pete will not be on the call. James and
aybe Larry Leib will be on the call, in addition to myself.
Regards,
Collin
On Thu, Jan 22, 2009 at 10:18 AM, Griswold, Bruce {Mkt Function}
<Bruce.Griswold@pacifiCOIJ).com> wrote: I Collin j Thanks for the documents. We will review and schedule a time to discuss all projects next week. I Purpose of the call would be to clarify the submittals, schedules, and deliverables. Who should we j schedule the call with? We would tentative look at Wednesday for a call. I I If Pete will on the call, we will schedule to have our attorney also. Thanks.
I ! Bruce Griswold ! PacifiCorp C&T
1503-813-5218 Office I 1503-702-1445 Cell
1503-813-6260 Fax
I I t .
i I From: [e-mail] [mailto:[e-mail]] on Behalf Of Collin Rudeen ! Sent: Thursday, January 22, 2009 7:51 AM
; To: Griswold, Bruce {Mkt Function}; Younie, John
! Cc: Peter Richardson; James Carkuhs ! SUbject: PURPA contract requests I
i ! John and Bruce,
i I Please see the three attached files, sent at Peter Richardson's request
Exhibit A, Page 108 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for SufTVTlary Judgment
Regards,
Collin Rudeen
Lead Project Engineer
Exergy Technology Concepts
802 W Bannock, ste 1200
Boise, ID 83702
ph: 208.336.9793
[e-mail]
Page4 of 4
This electronic or printed document contains information which (a) may
be LEGALLY PRIVILEGED, PROPRIETARY IN NATURE, OR OTIIERWISE PROTECTED
BY
LAW FROM DISCLOSURE, and (b) is intended only for the use of the
Addressee(s) named above. If the reader of this message is not the
intended recipient, or the employee or agent responsible to deliver it
to the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this communication in error, please
immediately notify us by telephone, and return the original message to
us at the above address.
llinRudeen
ead Project Engineer
xergy Technology Concepts
802 W Bannock, ste 1200
oise, ID 83702
h: 208.336.9793
is electronic or printed document contains information which (a) may
e LEGALLY PRIVILEGED, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY
AW FROM DISCLOSURE, and (b) is intended only for the use of the
ddressee(s) named above. If the reader of this message is not the
· tended recipient, or the employee or agent responsible to deliver it
o the intended recipient, you are hereby notified that any
· · tion, distribution or copying of this communication is strictly
rolnbited. If you have received this communication in error, please
ediately notify us by telephone, and return the original message to
at the above address.
EXHIBITA-9
March 23, 2009 email from Bruce Griswold.
Exhibit A, Page 109 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Case: PAC-E-10-08
Exhibit A to Rocky Mountain
Power's First Production
Request to XRG
Exhibit A. Page 11 O of 301
Case No. PAC-E-10.08
Roci<y Mountain Power's Motion for Summary Judgment
Exhibit A, Page 111 of 301
Case No. PAC·E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 1 of 4
Griswold, Bruce {Mkt Function}
From:
Sent:
To:
Griswold, Bruce {Mkt Function}
Monday, March 23, 2009 10:34 AM
James T. Carkulls
Cc: Collin Rudeen; Younie, John
Subject: RE: PURPA contract requests
James,
As a follow-up to your QF requests, we have worked through transmission alternatives at Borah for your
six proposed QF projects. Based on your proposed delivery point to the Borah substation, we only have
import capabilities to our Utah system to serve load from Brady on a firm basis of 23 MW total. Based
on your requests, we can accommodate a single 20MW project. For a transaction at Borah, Pac would
do redirect of existing Borah reservation to Brady to facilitate a 23MW transaction.
From your project submittals, you have four standard QF projects. We will need to know which of the
standard projects you would like to proceed with. We are currently preparing a draft intermittent
resource PP A and can provide you the document the end of this week or first of next week. As you are
aware, new avoided costs have been approved for the standard QF PP A and are published on the Idaho
PUC website.
Let me know if you have questions. I will forward you the draft PP A as soon as we finish it up.
Bruce Griswold
PacifiCorp C&T ·
503-813-5218 Office
503-702-1445 Cell
503-813-6260 Fax
From: James T. carkulis [mailto:[e-mail]]
Sent: Tuesday, February 17, 2009 5:46 AM
To: Griswold, Bruce {Mkt Function}; Collin Rudeen; Lawrence R. Leib
Cc: Younie, John
Subject: Re: PURPA contract requests
Bruce:
I believe you have the motive force raw data and also compilations and analyses.
I would like to move both the 4 contract front and the 2 contract front forward as per your indication of getting these finished quickly.
We are congizant of the filing by Rocky Mountain Power, but that should interfere with these negotiations.
We anticipate having online dates for these projects by 12-December-2010.
Regards,
Exhibit A, Page 112 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Sunvnary Judgment
Page 2 of 4
James T. Carkulis
Confidenllel & Proprietary Successfully Merging Free Merl<ot Principles with Societal ExP6ctetioos Exergy Development Gioup, LLC IPI 208.336.9793 [I] 208.336.9431 [ml 406.459.3013 (el rout@ln-tch rom
This electronic or printed document contains lnfonnatlon which (a) may be LEGALLY PRIVlLEGED, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) Is Intended only for the use of the Addressee(s) named above. If the reader of this message Is not the Intended recipient. or the employee or agent responsible to deliver it to the Intended recipient, you are hereby notified that any dlssernlnatlon, distribution or copying of this communication Is str1ctly prohibited. If you have received this communication In error, please Immediately notify us by telephone, and retum the original message to us at the above address Via first class, express mail. Thank you
- Original Message -
From: Griswold. Bruce {Mkt Function} To: Collin Rudeen; James Carkulis; Lawrence R. Leib
Cc: Younie. John
Sent: Friday, January 23, 2009 3:04 PM
Subject: RE: PURPA contract requests
here is the call in information - the time is 9AM Mountain and 8AM Pacific.
Bruce Griswold from PacifiCorp has invited you to a Voice Conference (Mtg ID 121212) on JAN, 28 2009 at 8:00 AM
America/Los_Aogeles. If provided, use the following password: 121212
To attend a Voice Conference: can 503-813-5600 (toll free #800-503-3360), follow the instructions
provided and enter Mtg ID 121212 when prompted.
Bruce Griswold
PacifiCorp C&T
503-813-5218 Office
503-702-1445 Cell
503-813-6260 Fax
From: [e-mail] [mailto:[e-mail]] On Behalf Of Collin Rudeen Sent: Friday, January 23, 2009 12:39 PM
To: Griswold, Bruce {Mkt Function}
Cc: Younie, John; Peter Richardson; James car1<ulls; Lawrence R. Leib
Subject: Re: PURPA contract requests
Bruce,
Does 9:00, MST on Wednesday next week work for you guys? Pete will not be on the call. James and
maybe Larry Leib will be on the call, in addition to myself.
Regards,
Collin
Exhibit A, Page 113 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 3 of 4
i Sent: Thursday, January 22, 2009 7:51 AM I To: Griswold, Bruce {Mkt Function}; Younie, John i Cc: Peter Richardson; James carkulls
j Subject: PURPA contract requests
! John and Bruce, I I Please see the three attached files, sent at Peter Richardson's request I I I i Regards, l
j Collin Rudeen ! Lead Project Engineer l Exergy Technology Concepts j 802 W Bannock, ste 1200
• Boise, ID 83702 I ph: 208.336.9793
I [e-mail]
I I ! '
On Thu, Jan 22, 2009 at 10:18 AM, Griswold, Bruce {Mkt Function}
<Bruce.Griswold@pacificoq,.com> wrote: I eouin I Thanks for the documents. We will review and schedule a time to discuss all projects next week.
, Purpose of the call would be to clarify the submittals, schedules, and deliverables. Who should we
; schedule the call with? We would tentative look at Wednesday for a call.
I l j If Pete will on the call, we will schedule to have our attorney also. Thanks. I I I Bruce Griswold I PacifiCorp C&T
. 503-813-5218 Office 11. 503-702-1445 Cell
503-813-6260 Fax
I ! I From: [e-mail] {mailto:[e-mail] on Behalf Of Collin Rudeen
i This electronic or printed document contains information which (a) may i be LEGALLY PRIVILEGED, PROPRIETARY IN NATIJRE, OR OTHERWISE PROTECTED 'BY
: LAW FROM DISCLOSURE, and (b) is intended only for the use of the
; Addressee(s) named above. If the reader of this message is not the
• intended recipient, or the employee or agent responsible to deliver it
'. to the intended recipient, you are hereby notified that any
: dissemination, distribution or copying of this communication is strictly l prohibited. If you have received this communication in error, please
Exhibit A, Page 114 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 4 of 4
immediately notify us by telephone, and return the original message to
us at the above address.
Collin Rudeen
Lead Project Engineer
Exergy Technology Concepts
802 W Bannock, ste 1200
Boise, ID 83702
ph: 208.336.9793
[e-mail]
This electronic or printed document contains information which (a) may
be LEGALLY PRIVILEGED, PROPRIETARY IN NATURE, OR OTIIERWISE PROTECTED BY
LAW FROM DISCLOSURE, and (b) is intended only for the use of the
Addressee(s) named above. If the reader of this message is not the
intended recipient, or the employee or agent responsible to deliver it
to the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this communication in error, please immediately notify us by telephone, and return the original message to
us at the above address.
I•
EXHIBIT A-10
April 1, 2009 email from James Carkulis.
Exhibit A. Page 115 of 301
Case No. PAC-E-1�8
Rocky Mountain Powe(s Motion for Summary Judgment
Case: PAC-E-10-08
Exhibit A to Rocky Mountain
Power's First Production
Request to XRG
Exhibit A, Page 116 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Exhibit A, Page 117 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summa� Judgment Page I of 4
Griswold, Bruce {Mkt Function}
From: James T. Carkulis [[e-mail]]
Sent: Wednesday, April 01, 2009 3:39 PM
To: Griswold, Bruce {Mkt Function}
Cc: Collin Rudeen; Younie, John
Subject: Re: PURPA contract requests
Bruce:
Let's move forward on a 20 MW project until we figure out the rest. Let's use XRG-DP 10 for now as the project.
Thank you.
Regards,
James T. Carkulis Confidential & Proprietary
Svccessful/y Merging Free Msrl<et Principles with Societal Expectations Exergy Development Group, LLC !Pl 208.338.9793 [I] 208.338.9431 [m) 406.459.3013 [eJ mtH@ln:tch.com
This electronic or printed document contains lnfonnatlon which (a) may be LEGAUY PRIVILEGED, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW"FROM DISCLOSURE, and (b) Is Intended only for the use of the Addressee(s) named above. If the reader of this message Is not the Intended recipient, or the employee or agent responsible ID dellver it to the intended recipient. you are hereby notified that any dlffemlnaUon, dislrtbutlon or copying of this communication Is strictly prohibited. If you have received this communication In error, please Immediately notify us by telephone, a� return the original message to us at the above address via first class, express maY. Thank you
- Original Message -
From: Griswold. Bruce {Mid Function}
To: James T. Carkulis Cc: Collin Rudeen; Younie. John Sent: Monday, March 23, 2009 11 :34 AM Subject: RE: PURPA contract requests
James,
As a follow-up to your QF requests, we have worked through transmission alternatives at Borah for
your six proposed QF projects. Based on your proposed delivery point to the Borah substation, we
only have import capabilities to our Utah system to serve load from Brady on a firm basis of 23 MW
total. Based on your requests, we can accommodate a single 20MW project For a transaction at
Borah, Pac would do redirect of existing Borah reservation to Brady to facilitate a 23MW transaction.
From your project submittals, you have four standard QF projects. We will need to know which of the
standard projects you would like to proceed with. We are currently preparing a draft intermittent
resource PP A and can provide you the document the end of this week or first of next week. As you
are aware, new avoided costs have been approved for the standard QF PPA and are published on the
Idaho PUC website.
Let me know if you have questions. I will forward you the draft PP A as soon as we finish it up.
Exhibit A, Page 118 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 2 of 4
Bruce Griswold
PacifiCorp C&T
503-813-5218 Office
503-702-1445 Cell
503-813-6260 Fax
From: James T. Car1<ulls [mallto:mtli@in·tch.com]
Sent: Tuesday, February 17, 2009 5:46 AM
To: Griswold, Bruce {Mkt Function}; Collin Rudeen; Lawrence R. Leib
Cc: Younie, John
subject: Re: PURPA contract requests
Bruce:
I believe you have the motive force raw data and also compilations and analyses.
I would like to move both the 4 contract front and the 2 contract front forward as per your Indication of getting
these finished quickly.
We are congizant of the filing by Rocky Mountain Power, but that should interfere with these negotiations.
We anticipate having online dates for these projects by 12-December-2010.
Regards,
James T. Carkulls Conlldentlal & Proprietary SUccessfully Merging Free Market Principles with Socie/91 Expectations Exergy Development Group, LLC !Pl 208.336.9793
{f] 208.336.9431 [m] 406.459.3013 [eJ mtJi@ln·Jch,com
This electronic or printed document contains information which (a) may be LEGALLY PRIVILEGED, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) Is intended only for the use of the Addressee{s) named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to dellver it to the ln1ended recipient, you are hereby notlfled that any dissemination, distribution or copying or this communication is strictly prohibited. If )IOU have received lhls communlcati<>n in error, please lmmedfately notify us by telephone, and return the ooginal message to us at the above address via first class, express maa. Thank you
- Original Message -
From: Griswold. Bruce {Mkt Function} To: Collin Rudeen : James Carkulis : Lawrence R. Leib
Cc: Younie. John
Sent: Friday, January 23, 2009 3:04 PM
Subject: RE: PURPA contract requests
here is the call in information - the time is 9AM Mountain and SAM Pacific.
Bruce Griswold from PacifiCorp has invited you to a Voice Conference (Mtg ID 121212) on JAN, 28 2009 at 8:00 AM·
Amerlca/Los_Angeles. lfprovided, use the following password: 121212
To attend a Voice Conference: call 503-813-5600 (toll free #800-503-3360), follow the instructions
provided and enter Mtg ID 121212 when prompted.
Exhibit A, Page 119 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment Page 3 ot 4
ruce Griswold
PacifiCorp C&T
503-813-5218 Office
503-702-1445 Cell
503-813-6260 Fax
From: coHln.ruc:[e-mail] [mailto:[e-mail]] On Behalf Of Collin Rudeen Sent: Friday, January 23, 2009 12:39 PM •
o: Griswold, Bruce {Mkt Function}
Cc: Younie, John; Peter Richardson; James Carkulis; Lawrence R. Leib subject: Re: PURPA contract requests
Bruce,
Does 9:00, MST on Wednesday next week work for you guys? Pete will not be on the call. James and maybe Larry Leib will be on the call, in addition to myself.
egards,
Collin
On Thu, Jan 22, 2009 at 10:18 AM, Griswold, Bruce {Mkt Function} <Bruce.GrisY<old@pacificon>,com> wrote: ! Collin · i Thanks for the documents. We will review and schedule a time to discuss all projects next week. ! Purpose of the call would be to clarify the submittals, schedules, and deliverables. Who should we i schedule the call with? We would tentative look at Wednesday for a call.
I If Pete will on the call, we will schedule to have our attorney also. Thanks. I I Bruce Griswold
I PacifiCotp C&T I 503-813-5218 Office
, 503-702-1445 Cell
j 503-813-6260 Fax
i����������������������������������-
j From: [e-mail] [mailto:[e-mail]) On Behalf Of Collin Rudeen l Sent: Thursday, January 22, 2009 7:51 AM
: To: Griswold, Bruce {Mkt Function}; Younie, John
1 Cc: Peter Richardson; James Carkulis '. SUbject: PURPA contract requests
j : John and Bruce, I
ExhibitA, Page 120 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Please see the three attached files, sent at Peter Richardson's request.
Regards,
Collin Rudeen
Lead Project Engineer
Exergy Technology Concepts
802 W Bannock, ste 1200
Boise, ID 83702
ph: 208.336.9793
[e-mail]
Page 4 ot4
This electronic or printed document contains information which (a) may
be LEGALLY PRIVILEGED, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED
BY
LAW FROM DISCLOSURE, and (b) is intended only for the use of the
Addresseets) named above. If the reader of this message is not the
intended recipient, or the employee or agent responsible to deliver it
to the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this communication in error, please
immediately notify us by telephone, and return the original message to
us at the above address.
ollin Rudeen
ead Project Engineer
xergy Technology Concepts
02 W Bannock, ste 1200
oise, ID 83702
h: 208.336.9793
de .com
· s electronic or printed document contains information which ( a) may
LEGALLY PRIVILEGED, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY
AW FROM DISCLOSURE, and (b) is intended only for the use of the
ddressee(s) named above. If the reader of this message is not the
· tended recipient, or the employee or agent responsible to deliver it
o the intended recipient, you are hereby notified that any
· ssemination, distribution or copying of this communication is strictly rohibited. If you have received this communication in error, please
ediately notify us by telephone, and return the original message to s at the above address.
EXHIBIT A-11
April 1, 2009 email from Bruce Griswold.
Exhibit A, Page 121 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Case: PAC-E-10-08
Exhibit A to Rocky Mountain
Power's First Production
Request to XRG
Exhibit A, Page 122 of 301
Case No. PAC-E-10-08
Rocky Mountain Powe(s Motion for Summary Judgment
Exhibit A, Page 123 of 301
Case No. PAC-E-10--08
Rocky Mountain Power's Motion for Summary Judgment
Page I of5
Griswold, Bruce {Mkt Function}
From: Griswold, Bruce {Mkt Function}
Sent: Wednesday, April 01, 2009 3:46 PM
. To: James T. Carkulis
Cc: Collin Rudeen; Younie, John
Subject: RE: PURPA contract requests
James, very good. We are currently preparing a template Idaho MAG agreement with the new pricing,
MAG and other Order changes. Since this is an off-system PP A, we have a few additional changes. We
will fill in data on the XRG-DP 10 project and should have it out for your review early next week.
Bruce Griswold
PacifiCorp C&T
503-813-5218 Office
503-702-1445 Cell
503-813-6260 Fax
From: James T. cartcuns [mailto:mtli@in-l'Ch.rom] Sent: Wednesday, April 01, 2009 3:39 PM
To: Griswold, Bruce {M� Ft.Jnctlon}
Cc: Collin Rudeen; Younie, John subject: Re: PURPA contract requests
Bruce:
Let's move forward on a 20 MW project until we figure out the rest Let's use XRG-DP 1 O for now as the project.
Thank you.
Regards,
James T. Carkulis ConfidenUal & Proprietary
Successfully Merging Free Marl<et Principles with Societal Expectations Exergy Development Group, LLC !Pl 208.336.9793 [fJ 208.336.9431
[m) 406.459.3013 (el mtli@Un;ch.com
This electronic or printed document contains information which (a) may be LEGAU.Y PRIVILEGED, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) is intended only for the use of the Addressee(s) named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dlsseminaUon.
distribution or oopying of this communicalion is strictly prohibited. If you have received this ccmmuokaton in error, please immediately ootify us by telephone, and return the original message to us at the above address via first class, express man. Thank you
- Original Message -
From: Griswold, Bruce {Mkt Function} To: James T. Carkulis
Exhibit A, Page 124 of 301
Case No. PAC-E-10-08
Rocky Mountain Powel's Motion for Sunvnary Judgment
Cc: Collin Rudeen ; Younie, John
Sent: Monday, March 23, 2009 11 :34 AM
Subject: RE: PURPA contract requests
Page 2 of 5
James,
As a follow-up to your QF requests, we have worked through transmission alternatives at Borah for
your six proposed QF projects. Based on your proposed delivery point to the Borah substation, we
only have import capabilities to our Utah system to serve load from Brady on a firm basis of 23 MW
total. Based on your requests, we can accommodate a single 20MW project. For a transaction at
Borah, Pac would do redirect of existing Borah reservation to Brady to facilitate a 23MW transaction.
From your project submittals, you have four standard QF projects. We will need to know which of the
standard projects you would like to proceed with. We are currently preparing a draft intermittent
resource PP A and can provide you the document the end of this week or first of next week. As you are
aware, new avoided costs have been approved for the standard QF PP A and are published on the Idaho
PUC website.
Let me know if you have questions. I will forward you the draft PP A as soon as we finish it up.
Bruce Griswold
PacifiCoIJ> C&T
·503-813-5218 Office
503-702-1445 Cell
503-813-0260 Fax
From: James T. Carkulls [mailto:[e-mail]] Sent: Tuesday, February 17, 2009 5:46 AM
To: Griswold, Bruce {Mkt Function}; Collin Rudeen; Lawrence R. Leib
Cc: Younie, John
Subject: Re: PURPA contract requests
Bruce:
I believe you have the motive force raw data and also compilations and analyses.
I would like to move both the 4 contract front and the 2 contract front forward as per your indication of getting
these finished quickly.
We are congizant of the filing by Rocky Mountain Power, but that should interfere with these negotiations.
We anticipate having online dates for these projects by 12-0ecember-2010.
Regards,
James T. Carkulis Confidential & Proprietary Successfully Merging Free Market Principles with SOCietal Expeaations Exergy Development Group, LLC (p] 208.336.9793 [I) 208.336.9431
[m] 406.459.3013
[e] [e-mail]
Exhibit A, Page 125 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 3 of5
This electronic or printed document contains Information which (a) may be LEGALLY PRIVILEGED, PROPRIETARY IN NA TIJRE, OR OTHERWISE
PROTECTED BY LAW FROM DISCLOSURE, and (b) Is Intended only for the use of the Addressee(s) named above. If the reader of this message is not the Intended recipient, or the employee or agent responsible lo deliver it lo the Intended recipient, you are hereby notified that any disseminaUon, distribution or copying of this communlcaUon is strictly prohibited. If you have received this commooication in el'T'O(, please immediately notify us by telephone, and return the original message to us at the above address via first class, express mall. Thank you
- Original Message -
From: Griswold. Bruce {Mkt Function} To: Collin Rudeen ; James CarkuHs ; Lawrence R. Leib Cc: Younie. John Sent: Friday. January 23, 2009 3:04 PM
Subject: RE: PURPA contract requests
here is the call in information - the time is 9AM Mountain and.SAM Pacific.
Bruce Griswold from PacifiCorp has invited you to a Voice Conference (Mtg ID 121212) on JAN, 28 2009 at 8:00 AM
America/Los_ Angeles. If provided, use the following password: llllll
To attend a Voice Conference: can 503-813-5600 (toll free #800-503-3360), follow the Instructions provided and enter Mtg ID 121212 when prompted.
Bruce Griswold
PacifiCorp C&T
503-813-5218 Office
503-702-1445 Cell
503-813-6260 Fax
From: [e-mail] [mailto:[e-mail]] On Behalf Of Collin Rudeen
Sent: Friday, January 23, 2009 12:39 PM
To: Grtswold, Bruce {Mkt Function} Cc: Younie, John; Peter Richardson; James carkulis; Lawrence R. Leib
SUbject: Re: PURPA contract requests
Bruce,
Does 9:00, MST on Wednesday next week work for you guys? Pete will not be on the call. James
and maybe Larry Leib will be on the call, in addition to myself.
Regards,
Collin
On Thu, Jan 22, 2009 at 10: 18 AM, Griswold, Bruce {Mkt Function}
<[e-mail]> wrote: ! eollin i Thanks for the documents. We will review and schedule a time to discuss all projects next week. l Purpose of the call would be to clarify the submittals, schedules, and deliverables. Who should we
\ schedule the call with? We would tentative look at Wednesday for a call.
ExhibitA, Page 126 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 4 of5
If Pete will on the call, we will schedule to have our attorney also. Thanks.
Bruce Griswold
PacifiCoip C&T
503-813-5218 Office
503-702-1445 Cell
503-813-6260 Fax
From: [e-mail] [mailto:[e-mail]] on Behalf Of Collin Rudeen Sent: Thursday, January 22, 2009 7:51 AM
To: Griswold, Bruce {Mkt Function}; Younie, John Cc: Peter Richardson; James carkulls
SUbject PURPA contract requests
John and Bruce,
Please see the three attached files, sent at Peter Richardson's request
Regards,
Collin Rudeen
Lead Project Engineer
Exergy Technology Concepts 802 W Bannock, ste 1200
Boise, ID 83702
ph: 208.336.9793
[e-mail]
This electronic or printed document contains information which (a) may
be LEGALLY PRIVILEGED, PROPRIETARY IN NATURE, OR OTIIERWISE PROTECTED BY
LAW FROM DISCLOSURE, and (b) is intended only for the use of the
Addressee(s) named above. If the reader of this message is not the
intended recipient, or the employee or agent responsible to deliver it
to the intended recipient, you are hereby notified that any
dissemination, distnbution or copying of this communication is strictly
prohibited. If you have received this communication in error, please immediately notify us by telephone, and return the original message to
us at the above address.
Exhibit A, Page 127 of 301
Case No. PAC-E-10--08
Rocky Mountain Power's Motion for Summary Judgment
Page 5 of 5
Collin Rudeen
Lead Project Engineer
Exergy Technology Concepts
802 W Bannock, ste 1200
Boise, ID 83702
ph: 208.336.9793
[e-mail]
This electronic or printed document contains information which (a) may
be LEGALLY PRIVILEGED, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY
LAW FROM DISCLOSURE, and (b) is intended only for the use of the
Addressee(s) named above. If the reader of this message is not the
intended recipient, or the employee or agent responsible to deliver it
to the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this communication in error, please
immediately notify us by telephone, and return the original message to
us at the above address.
Exhibit A, Page 128 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
EXHIBIT A-12
April 17, 2009 email from James Carkulis.
Exhibit A, Page 129 of 301
Case No. PAC.E-1Q.-08 Rocky Mol.M'ltain Power's Motion for Summary Judgment
Case: PAC-E-10-08
Exhibit A to Rocky Mountain
Power's First Production
Request to XRG
Exhibit A. Page 130 of 301
Case No. PAC-E-1�08
Rocky Mountain Power's Motion fOf' Sunvnary Judgment
Exhibit A, Page 131 of 301
Case No. PAC-E-10--08
Rocky Mountain Power's Motion for Summa_ry Judgme1_1t Page 1 ot 1
Griswold, Bruce {Mkt Function}
From: James T. Carkulis [[e-mail]]
Sent: Friday, April 17, 2009 5:39 AM
To: Griswold, Bruce {Mkt Function}
Subject: Contract
Bruce:
XRG is presently looking forward to receiving the draft. However, in your message of a couple of weeks ago, I
would like to explore how the new line going to SLC will assist our requests. along with the notion of the other
projects going to Midpoint and tying Into the twin 345kV system from Jim Bridger, Jack Ranch and JR1 moving to
your system via the MldpoinVHumboldt fine or tying into the twin 345kV lines at Midpoint.
I do think it appropriate we proceed with all of these contracts at this time. We would like to accelerate the
process of the first 20-23 MW of availability right now. I will check with Collin which XRG-OP project. but I suspect
it Is XRG-OP7.
Thank you.
Regards,
James T. Carkulls
ExhibitA, Page 132 of 301 Case No. PAC-E-10.08
Rocky Mountain Power's Motion for summary Judgment
Exhibit A, Page 133 of 301
Case No. PAC-E-10.08
Rocky Mountain Power's Motion for Summary Judgment
Case: PAC-E-10-08
Exhibit A to Rocky Mountain
Power's First Production
Request to XRG
EXHIBIT A-13
April 17 to April 18, 2009 email exchange between James Carkulis and Bruce
Griswold.
Exhibit A. Page 134 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Mot.ion for Summary Judgment
Exhibit A, Page 135 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 1 of2
Griswold, Bruce {Mkt Function}
From: James T. Carkulls [[e-mail]]
Sent: Saturday, April 18, 2009 11 :30 AM
To: Griswold, Bruce {Mkt Function}
Subject: RE: Contract
Bruce:
Thanks. I still think it is prudent to proceed with the balance of the contracts we agreed to back in January and
then figure our if any transmission issues cannot be resolved.
As with the latest Ridgeline announcement, XRG believes there shall be a considerable hi-jacking of renewable
to CA and the SW over the next few years. We would prefer to work with our local utilities with projects that
avoid any controversy.
Furthermore, with the introduction of our Zilo turbine[300 kW to 2.5 MW] with integrated energy storage [xxx
kW x 16 hours] scheduled for commercial deployment commencing in 2011, we believe that distributed
generation may fill a portion of the RES which shall be dictated from DC in the next 12 months.
Regards,
James T. Carkulis
From: Griswold, Bruce {Mkt Function} [mallto:[e-mail]]
Sent: Friday, April 17, 2009 10:05 AM
To: James T. Carkulis
Subject: RE: Contract
James, I sent your request over to our transmission traders to evaluate. I am finishing up the draft PP A -
there were some changes our attorneys missed from the recent orders - and will forward to you next week.
Bruce Griswold
PacifiCorp C&T
503-813-5218 Office
503-702-1445 Cell
503-813-6260 Fax
From: James T. Carkulis [mailto:[e-mail]]
Sent: Friday, April 17, 2009 5:39 AM
To: Griswold, Bruce {Mkt FtJnction}
Subject: Contract
ExhibitA, Page 136 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 2 of2
Bruce:
XRG is presently looking forward to receiving the draft. However, in your message of a couple of weeks ago, I would like to explore how the new line going to SLC wlD assist our requests, along with the notion of the other
projects going to Midpoint and tying into the twin 345kV system from Jim Bridger, Jack Ranch and JR1 moving to
your system via the MidpoinVHumboldt line or tying into the twin 345kV lines at Midpoint.
I do think it appropriate we proceed with all of these contracts at this time. We would like to accelerate the
process of the first 20-23 MW of availability right now. I will check with Collin which XRG-DP project, but I suspect it is XRG-DP7.
Thank you.
Regards,
James T. Carkulis
This email is confidential and may be legally privileged.
It is intended solely for the addressee. Access to this email by anyone else, unless
If you are not the intended recipient, any disclosure, copying, distribution or any
=========-====================================================================
EXHIBIT A-14
May 11, 2009 email from James Carkulis.
Exhibit A, Page 137 of 301
Case No. PAC-E-10-06
Rocky Mountain Power's Motion fOI' Summary Judgment
Case: PAC-E-10-08
Exhibit A to Rocky Mountain
Power's First Production
Request to XRG
Exhibit A, Page 138 of 301
Case No. PAC-E-1<H>8
Rocky Mountain Power's Motion for Summary Judgment
Exhibit A, Page 139 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment Page I of I
Griswold, Bruce {Mkt Function}
From:
Sent:
To:
James T. Carkulis [[e-mail]]
Monday, May 11, 2009 5:35 AM
Griswold, Bruce {Mkt Function}
Subject: contracts
Bruce:
In January, PacifiCorp agreed the strategy with XRG was to have all 6 contract requests before the IPUC by the end of April. To date, not one draft has beeh tendered by PacifiCorp. We realize these are exciting times and all
are very busy, but all the Aurora work should have been accomplished on JR1 and Jack Ranch by now, the 4
drafts on XRG-DP 7 thru 10 should be in our hands for review.
We would appreciate if we could receive these contracts for review and comment to move to execution.
Thank you.
Regards,
James T. Carkulis CoofidenUal & Proprietary Successfvl/y Merging Free Markel Principles with Societal Expeastions Exergy Development Group, LLC
[p] 208.336.9793
[I) 208.336.9431 [ml 406.459.3013
[eJ roUJ@Jn-tch com
This electronic or printed document contains Information which (a) may be LEGAU. Y PRIVILEGED, PROPRIETARY IN NATURE, OR OTHERWISE
PROTECTED BY LAW FROM DISCLOSURE, and (b) Is intended only for the use of the Addressee(s) named above. If the reader of this message Is not the 'intended recipient, or the employee or agent re$pOllsible to deliver it to the intended recipient, you are hereby nollfled that any dissemination, distribution or copying of this communication ls sltlctJy prohibited. If you have received this communicallon in error, please Immediately notify us by
telephone, and return the original message to us at the above address via first class, express mail. Thank you
Exhibit A, Page 140 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion fOf Summary Judgment
Exhibit A, Page 141 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for summary Judgment
Case: PAC-E-10-08
Exhibit A to Rocky Mountain
Power's First Production
Request to XRG
EXHIBIT A-15
May 11, 2009 email with attachments including draft power purchase agreement
from Bruce Griswold.
Exhibit A, Page 142 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion fo, Summary Judgment
ExhibitA, Page 143 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment Page I of2
Griswold, Bruce {Mkt Function}
From:
Sent:
To:
Cc:
Subject:
Griswold, Bruce {Mkt Function}
Monday, May 11, 2009 4:26 PM
James T. Carkulis
Younie, John; Ken Kaufmann
RE: contracts
Attachments: 11 May09 draft Idaho MAG PPA.doc; Re: PURPA contract requests
James
Please find the attached draft Idaho standard QF PP A to be used for a wind project. It should include all
the recent Idaho commission orders. It does not include Addendum W which is the bolt-on addendum
for an off-system project delivering to PacifiCorp. I will send that separately. Per our last
communication (attached), we indicated PacifiCorp does not have sufficient transmission at Borah or
Brady to accept any project greater than 23MW and you selected one project, XRG-DP 10, that would
be developed into a PP A. Please provide a redline to this document with your proposed changes for
discussion. If you or your team, have questions on the PP A, please call.
Bruce Griswold
PacifiCorp C&T
503-813.-5218 Office
503-702-1445 Cell
503-813-6260 Fax
From: James T. c.ar1<ulls [mailto:[e-mail]] Sent: Monday, May 11, 2009 5:35 AM
To: Griswold, Bruce {Mkt Function}
SUbject: contracts
Bruce:
In January, PacifiCorp agreed the strategy with XRG was to have all 6 contract requests before the IPUC by the
end of April. To date, not one draft has been tendered by PacifiCorp. We realize these are exciting times and all
are very busy, but all the Aurora work should have been accomplished on JR1 and Jack Ranch by now, the 4 drafts on XRG-DP 7 thru 10 should be in our hands for review.
We would appreciate if we could receive these contracts for review and comment to move to execution.
Thank you.
Regards,
James T. Carkulis Confidential & Proprietary
Sl.lccessfully Merging Free Market Principles with Societal Expectations
Exergy Development Group, LLC
(p) 208.336.9793
[f) 208.336.9431 [m] 406.459.3013
(e) mtfi@in-tch com
Exhibit A, Page 144 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment Page 2 of2
This electronic or printed document contains information which (a) may be LEGALLY PRMLEGEO, PROPRIETARY IN NATURE, OR OTI-!ERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) Is Intended only for the use of the Addressee(s) named above. If the reeder of this message Is not the Intended recipient. or the employee or agent responsible to deliver it to the Intended reclj)ient, you are hereby notified that any dissemination, distribution or copying of this communication is sttlctty prohibited. If you have received this communication In error, please Immediately notify us by telephone, and retum the original message to us at the above address via first class, express mail. Thanlt you
Exhibit A, Page 145 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
From: "James T. Carkulis" <[e-mail]>
Subject: Re: PURPA contract requeats
Date: April 1, 2009 3:38:38 PM PDT
To: "Griswold, Bruce {Mkt Function}" <[e-mail]>
Cc: "Collin Rudeen" <[e-mail]>, "Younie, John" <[e-mail]>
Bruce:
Let's move forward on a 20 MW project until we figure out the rest. Let's use XRG-DP 10 for now as the project.
Thank you.
Regards,
James T. Carl<ulis Confidential & Proprietary
Si,crusw//y t..!-etf}lll'J Fr!X1 Marlee( Prif!Cip.'6s Y,ltil Soaeta/ E.YD9cliJl!OnS Exergy Development Group, U.C !Pl 208.336.9793 [I) 208.336.9<431 (m) •06 .• 59.3013 l•I mllfCPio·lc;h com
This eledronlc or prin1ed docomenl conlalns lntonnation ..toich (a) may be LEGALLY PRIVILEGED. PROPRIETARY IN NATURE. OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) Is Intended only for the use or lhe Addressee(s) named abOve. If lhe reader or lhls message Is not lhe Intended recipient, or the erJ"4)1oyee or agent responsible to deMver ii to the inJ.erlded redpient. you are hereby notified that any dissemination. disll1butlon or copying of this <::Om111Unlcation is striclly prohibited. If you have received this communication in em>r, please immediately notify us by 1elephone. arid return the original message to us at lhe above address via Int dass, e)Cl)ress mall. Thank you
----- Original Message ----- From: Gnswok:t Bruce {Mkt fundjonl
To: James T. Carkulis Cc: Collin Rudeen ; Younie, John Sent: Monday, March 23, 2009 11 :34 AM Subject RE: PURPA contract requests
James,
As a follow-up to your OF requests, we have worked through transmission alternatives at Borah for your six
proposed OF projects. Based on your proposed delivery point to the Borah substation, we only have
import capabilities to our Utah system to serve load from Brady on a firm basis of 23 MW total. Based on your
requests, we can accommodate a single 20MW project. For a transaction at Borah, Pac would do redirect of
existing Borah reservation to Brady to facilitate a 23MW transaction.
From your project submittals, you have four standard OF projects. We will need to know which of the standard
projects you would like to proceed with. We are currently preparing a draft intermittent resource PPA and can
provide you the document the end of this week or first of next week. As you are aware, new avoided costs have
been approved for the standard OF PPA and are published on the Idaho PUC website.
Let me know if you have questions. I will forward you the draft PPA as soon as we finish it up.
Bruce Griswold
PacifiCorp C&T
503-813-5218 Office
503-702-1445 Cell
503-813-6260 Fax
Exhibit A, Page 146 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summaly Judgment
From: James T. carkulis [mailto:[e-mail]] Sent: Tuesday, February 17, 2009 5:46 AM
To: Griswold, Bruce {Mkt Function}; Collin Rudeen; Lawrence R. Leib
Cc: Younie, John
Subject: Re: PURPA contract requests
Bruce:
I believe you have the motive force raw data and also compilations and analyses.
I would like to move both the 4 contract front and the 2 contract front forward as per your indication of getting these finished quickly.
We are congizant of the filing by Rocky Mountain Power, but that should interlere with these negotiations.
We anticipate having online dates for these projects by 12-December-2010.
Regards,
James T. Carkulis Confidential & Proprletar, SvcceS$fu//y Me,r,,rig Frffft Matl<et Ptlnc,f)les v.,lh �181 E•peda110M
Exergy Development Group, LLC (J>) 208.336.9793
(f) 208.336.9431
(m) 406.459.3013 (eJ mtli@,:Hch eom •
This eledrOnie or printed doaJment contains information which (a) may be LEGAU Y PRIVILEGED, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW
FROM DISCLOSURE, and (b) is intended only lor the use of the Addressee(1) named abow. If the relldef of lhls message Is not Ille Intended recipient, °' the employee or
agent responsible to deliver it to lhe Intended redplenl, you are heteby notified that Ml'/ dissemination. distslbutlon °' copying of 1his communication Is strtctly prohibited. If you
have received this communication In error, please immediately no� us by telephone, and return the original message to us at the above address via fnt class. express mail. Thank you
---- Original Message ----- f,n,m: Giruyofd Bruce {Mkt funct;on> .,. · -- To: Collin Rudeen ; James Carkulis ; Lawrence B Cc: Younie, John Sent: Friday, January 23, 2009 3:04 PM
Subject: RE: PURPA contract requests
here is the can in information - the time is 9AM Mountain and BAM Pacific.
Bruce Griswold from PacifiCorp has invited you to a Voice Conference (Mtg ID 121212) on JAN, 21 2009 at 8:00 AM
Amertca/los_Angeles. If provided, use the following password: 121212
To attend a Voice Conferenq; cau 503-813-5600 (toll free #800-503-3360), follow the instructions provided and enter Mtg ID 121212 when prompted.
Bruce Griswold
PacifiCorp C&T
503-813-5218 Office
503-702-1445 Cell
503-813-6260 Fax
From: collin,[e-mail] [maiito:[e-mail]) On Behalf or Collin Rudeen Sent: Friday, January 23, 2009 12:39 PM
To: Griswold, Bruce {Mkt Function}
Cc: Younie, John; Peter Richardson; James carkulis; Lawrence R. Leib
Exhibit A, Page 147 of 301
Case No. PAC-E-10--08
Rocky Mountain Power's Motion for Summary Judgment
Subject: Re: PURPA contract requests
Bruce,
Does 9:00, MST on Wednesday next week work for you guys? Pete will not be on the call. James and maybe
Larry Leib will be on the call, in addition to myself.
Regards,
Collin
On Thu, Jan 22, 2009 at 10:18 AM, Griswold, Bruce{Mkt Function} <Bruce,Griswold@pacificorp com> wrote: I Collin
Thanks for the documents. We will review and schedule a time to discuss all projects next week. Purpose of
the call would be to clarify the submittals, schedules, and deliverables. Who should we schedule the call
with? We would tentative look at Wednesday for a call.
I If Pete will on the call, we will schedule to have our attorney also. Thanks.
I Bruce Griswold
PacifiCorp C&T
503-813-5218 Office
1503-702-1445 Cell
503-813-6260 Fax
1--- From: c:[e-mail] [mailto:[e-mail]) On Behalf or Collin Rudeen Sent Thursday, January 22, 2009 7:51 AM
I To: Griswold, Bruce {Mkt Function}; Younie, John
• Cc: Peter Richardson; James carkulis Subject: PURPA contract requests
John and Bruce,
I Please see the three attached files, sent at Peter Richardson's request. . Regards,
Collin Rudeen
I Lead Project Engineer I Exergy Technology Concepts
802 W Bannock, ste 1200 I Boise, ID 83702
ph: 208.336.9793
I [e-mail]
This electronic or printed document contains information which (a} may
be LEGALLY PRIVILEGED, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY
LAW FROM DISCLOSURE, and (b} is intended only for the use of the
, Addressee(s} named above. If the reader of this message is not the
Exhibit A. Page 148 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
I intended recipient, or the employee or agent responsible to deliver it
to the intended recipient, you are hereby notified that any I dissemination, distribution or copying of this communication is strictly
I
prohibited. If you have received this communication in error, please
immediately notify us by telephone, and return the original message to
us at the above address.
Collin Rudeen
Lead Project Engineer
Exergy Technology Concepts
802 W Bannock, ste 1200
Boise, ID 83702
ph: 208.336.9793 crudeen@exergydeveloprnent com
This electronic or printed document contains information which {a) may be LEGALLY PRIVILEGED, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY
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to the intended recipient, you are hereby notified that any
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immediately notify us by telephone, and return the original message to
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Exhibit A, Page 149 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
DRAFT
THIS WORKING DRAFf DOES NOT CONSTITUTE A BINDING OFFER, SHALL NOT FORM THE
BASIS FOR AN AGREEMENT BY ESTOPPEL OR OTHERWISE, AND IS CONDITIONED UPON EACH
PARTY'S RECEIPT OF ALL REQUIRED MANAGEMENT APPROVALS (INCLUDING FINAL CREDIT
AND LEGAL APPROVAL) AND ALL REGULATORY APPROVALS. ANY ACTIONS TAKEN BY A
PARTY IN RELIANCE ON THE TERMS SET FORTH IN THIS WORKING DRAFI' OR ON STATEMENTS
MADE DURING NEGOTIATIONS PURSUANT TO THIS WORKING DRAFf SHALL BE AT THAT
PARTY'S OWN RISK. UNTIL THIS AGREEMENT IS NEGOTIATED, APPROVED BY MANAGEMENT,
SIGNED, DELIVERED AND APPROVED BY ALL REQUIRED REGULATORY BODIES, NO PARTY
SHALL BA VE ANY OTHER LEGAL OBLIGATIONS, EXPRESSED OR IMPLIED, OR ARISING IN ANY
OTHER MANNER UNDER THIS WORKING DRAFI' OR IN THE COURSE OF NEGOTIATIONS,
POWER PURCHASE AGREEMENT
BETWEEN
[a non-fueled, Intermittent Resource with Mechanical Availability Guarantee, Idaho
Qualifying Facility-IOaMW/Month or less]
AND
PACIFICORP
Section 1: Definitions : 1
Section 2: Term, Commercial Operation Date 8
Section 3: Representations and Warranties 10
Section 4:.Delivery of Power; Availability Guaranty 12
Section 5: Purchase Prices 14
Section 6: Operation and Control 16
Section 7: Motive Force 20
Section 8: Generation Forecasting Costs 21
Section 9: Metering; Reports and Records 21
Section 10: Billings, Computations and Payments 23
Section 11: Security 24
Section 12: Defaults and Remedies 25
Section 13: Indemnification 27
Section 14: Liability and Insurance 28
Section 15: Force Majeure 30
Section 16: Several Obligations 31
Section 17: Choice of Law 31
Section 18: Partial Invalidity , 31
Section 19: Waiver 32
Section 20: Governmental Jurisdiction and Authorizations 32
Section 21: Successors and Assigns 32
Section 22: Entire Agreement 32
Section 23: Notices 32
Exhibit A, Page 150 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
DRAFT
POWER PURCHASE AGREEMENT
TiilS POWER PURCHASE AGREEMENT, entered into this day of 20 _, is between Seller's name], an [Seller's state of.incorporation] corporation, partnership, or limited liability company]
(the "Seller") and PacifiCorp, an Oregon corporation acting in its merchant function capacity
("PacifiCorp"). Seller and PacifiCorp are referred to collectively as the "Parties" and
individually as a "Party".
RECITALS
A. Seller intends to construct, own, operate and maintain a---------
_______________ [ state type of facility] facility for the generation of
electric power located in (City, County] with an expected Facility Capacity Rating of -kilowatts (kW) ("Facility").
B. Seller intends to operate the Facility as a Qualifying Facility; as such term is
defined in Section 1.50 below.
C. Seller estimates that the average annual Net Output to be delivered by the Facility
to PacifiCorp is kilowatt-hours (kWh) ("Average Annual Net Output'') pursuant to the monthly Energy Delivery Schedule in Exhibit D hereto, which amount of energy
PacifiCorp will include in its resource planning.
D. PacifiCorp intends to designate Seller's Facility as a Network Resource for the
purposes of serving Network Load.
E. This Agreement is a "New QF Contract'' under the PacifiCorp Inter-Jurisdictional
Cost Allocation Revised Protocol and, as such, the costs of QF energy under this Agreement
shall be allocated as a system resource unless any portion of those costs exceeds the cost
PacifiCorp would have otherwise incurred acquiring comparable resources. In that event, the
Revised Protocol assigns those excess costs on a situs basis to the state in which the Facility is
located. In addition, for the purposes of inter-jurisdictional cost allocation, PacifiCorp represents
that the costs of this Agreement do not exceed the costs PacifiCorp would have otherwise
incurred acquiring resources in the market that are defined as "Comparable Resources" in
Appendix A to the Inter-Jurisdictional Cost Allocation Revised Protocol. For the purposes of
inter-jurisdictional cost allocation, PacifrCorp represents that the costs and revenues from the
energy and capacity sold to Seller by PacifiCorp will be assigned on a situs basis to the state to
which Net Output from the Facility is delivered.
F. Seller[_] has [_] has not authorized Transmission Provider to release generation
data to PacifrCorp. If yes, the authorization is attached as Exhibit H.
NOW, TIIBREFORE, the Parties mutually agree as follows:
SECTION 1: DEFINITIONS
When used in this Agreement, the following terms shall have the following meanings:
1
Exhibit A, Page 151 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Mot.ion for Summary Judgment
DRAFT
1.1 "As-built Supplement" shall be a supplement to Exhibit A, provided by Seller
following completion of construction of the Facility, accurately describing the completed
Facility.
1.2 "Availability" means, for any Billing Period, the ratio, expressed as· a
percentage, of (x) the aggregate sum of the turbine-minutes in which each of the Wind
Turbines at the Facility was available to generate at the Maximum Facility Delivery Rate
during the Billing Period over (y) the product of the number of Wind Turbines that comprise
the Facility Capacity Rating as of Commercial Operation multiplied by the number of minutes
in such Contract Year. A Wind Turbine shall be deemed not available to operate during
minutes in which it is (a) in an emergency, stop, service mode or pause state; (b) in "run"
status and faulted; or (c) otherwise not operational or capable of delivering at the Maximum
Facility Delivery Rate to the Point of Delivery; unless if unavailable due solely to (i) a default
by PacifiCorp; (ii) a curtailment in accordance with Section 6.2.1 or Section 6.2.2(b) or (d);
or (iii) insufficient wind (including the normal amount of time required by the generating
equipment to resume operations following a period when wind speed is below the Cut-In Wind
Speed).
1.3 "Billing Period" means the time period between PacifiCorp's reading of its
power . purchase meter at the Facility and for this Agreement shall coincide with calendar
months.
1.4 "Commercial Operation" means that not less than the 90% of the expected
Facility Capacity Rating is fully operational and reliable and the Facility is fully
interconnected, fully integrated, and synchronized with the System, all of which shall be
Seller's responsibility to receive or obtain, and which occurs when all of the following events
(i) have occurred, and (ii) remain simultaneously true and accurate as of the date and moment
on which Seller gives PacifiCorp notice that Commercial Operation has occurred:
1.4.1 PacifiCorp has received a certificate addressed to PacifiCorp from
a Licensed Professional Engineer (a) stating the Facility Capacity Rating of the Facility
at the anticipated time of Commercial Operation and (b) stating that the Facility is able
to generate electric power reliably in amounts required by this Agreement and in
accordance with all other terms and conditions of this Agreement.
1.4.2 Start-Up Testing of the Facility has been completed in accordance
with Exhibit E.
1.4.3 PacifiCorp has received a certificate (attached hereto as Exhibit I)
addressed to PacifiCorp from a Licensed Professional Engineer, an attorney in good
standing in Idaho, or a letter from Transmission Provider, stating that, in accordance
with the Generation Interconnection Agreement, all required interconnection facilities
have been constructed, all required interconnection tests have been completed and the
Facility is physically interconnected with the System in conformance with the
Generation Interconnection Agreement and able to deliver energy consistent with the
2
Exhibit A, Page 152 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
DRAFT
terms of this Agreement, and the Facility is fully integrated and synchronized with the
System.
1.4.4 PacifiCorp has received a certificate addressed to PacifiCorp from
a Licensed Professional Engineer, or an attorney in good standing in Idaho, stating that
Seller has obtained all Required Facility Documents and, if requested by PacifiCorp in
writing, Seller shall have provided copies of any or all such requested Required
Facility Documents.
1.4.5 Seller has complied with the security requirements of Section 11.
Seller shall provide written notice to PacifiCorp stating when Seller believes that the Facility has
achieved Commercial Operation and its Facility Capacity Rating accompanied by the certificates
described above. PacifiCorp shall have ten days after receipt either to confirm to Seller that all
of the conditions to Commercial Operation have been satisfied or have occurred, or to state with
specificity what PacifiCorp reasonably believes has not been satisfied. If within such ten day
period, PacifiCorp does.not respond or notifies Seller confirming that the Facility has achieved
Commercial Operation, the original date of receipt of Seller's notice shall be the Commercial
Operation Date. If PacifiCorp notifies Seller within such ten day period that PacifiCorp believes
the Facility has not achieved Commercial Operation, Seller must address the concerns stated in
PacifiCorp's notice to the mutual satisfaction of both Parties, and Commercial Operation shall
occur on the date of such satisfaction, as specified in a notice from PacifiCorp to Seller. If
Commercial Operation is achieved at less than one hundred percent (lOOo/o) of the expected
Facility Capacity Rating, Seller shall provide PacifiCorp an expected date for achieving the
expected Facility Capacity Rating, and the Facility Capacity Rating on that date shall be the final
Facility Capacity Rating under this Agreement. In no event will delay in achieving the expected
Facility Capacity Rating beyond the Commercial Operation Date postpone the Expiration Date
specified in Section 2.1.
1.5 "Commercial Operation Date" means the date the Facility first achieves
Commercial Operation.
1.6 "Commission" means the Idaho Public Utilities Commission.
1.7 "Conforming Energy" means all Net Energy except Non-Conforming Energy
and Inadvertent Energy.
1.8 "Conforming Energy Purchase Price" means the applicable pnce for
Conforming Energy and capacity, specified in Section 5 .1.
1.9 "Contract Year" means a twelve (12) month period commencing at 00:00 hours
Mountain Prevailing Time ("MPT") on January 1 and ending on 24:00 hours MPT on
December 31; provided, however, that the first Contract Year shall commence on the
Commercial Operation Date and end on the next succeeding December 31, and the last
Contract Year shall end on the Expiration Date, unless earlier terminated as provided herein.
3
Exhibit A, Page 153 of 301
Case No. PAC-E-10-08
Rocl<y Mountain Power's Motion for Summary Judgment
DRAFT
1.10 "Curtailment Energy" shall have the meaning set forth in Section 6.2.1 of this
Agreement.
1.11 "Cut-in Wind Speed" means the wind speed at which a stationary wind turbine
begins producing Net Energy. as specified by the turbine manufacturer and set forth in
Exhibit A.
1.12 "Delay Liquidated Damages", "Delay Period". "Delay Price" and "Delay
Volume" shall have the meanings set forth in Section 2.3 of this Agreement. "Delay
Security" shall have the meaning set forth in Section 11.1.1 of this Agreement.
1.13 "Default Security" shall have the meaning set forth in Section 11.2 of this
Agreement.
1.14 "Effective Date" shall have the meaning set forth in Section 2.1 of this
Agreement.
1.15 "Energy Delivery Schedule" shall have the meaning set forth in Section 4.3 of
this Agreement.
1.16 "Environmental Attributes" means any and all claims. credits, benefits,
emissions reductions, offsets, and allowances, howsoever entitled, resulting from the
avoidance of the emission of any gas, chemical, or other substance to the air, soil or water.
which are deemed of value by PacifrCorp. Environmental Attributes include but are not
limited to: (1) any avoided emissions of pollutants to the air, soil. or water such as (subject to
the foregoing) sulfur oxides (SOx). nitrogen oxides (NOx). carbon monoxide (CO). and other
pollutants; and (2) any avoided emissions of carbon dioxide (C02). methane (CH4). and other
greenhouse gases (GHGs) that have been determined by the United Nations Intergovernmental
Panel on Climate Change to contribute to the actual or potential threat of altering the Earth's
climate by trapping heat in the atmosphere. Environmental Attributes do not include (i)
Production Tax Credits or certain other tax incentives existing now or in the future associated
with the construction, ownership or operation of the Facility, (ii) matters designated by
PacifiCorp as sources of liability, or (iii) adverse wildlife or environmental impacts.
1.17 "Expiration Date" shall have the meaning set forth in Section 2.1 of this
Agreement.
1.18 "Facility" means Seller's project, including the Seller's Interconnection
Facilities, as described in the Recitals, Exhibit A, and Exhibit B.
1.19 "Facility Capacity Rating" means the sum of the Nameplate Capacity Ratings
for all generators comprising the Facility.
1.20 "Force Majeure" has the meaning set forth in Section 15.1.
4
Exhibit A, Page 154 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summa,y Judgment
DRAFT
1.21 "Forced Outage" means an outage that requires removal of one or more Wind
Turbines from service, another outage state or a reserve shutdown state before the end of the
next weekend. Maintenance Outages and Planned Outages are not Forced Outages.
1.22 "Generation Interconnection Agreement" means the generation
interconnection agreement to be entered into separately between Seller and Transmission
Provider, as applicable, specifying the Point of Delivery and providing for the construction
and operation of the Interconnection Facilities.
1.23 "Inadvertent Energy" means: (1) energy delivered to the Point of Delivery in
excess of the Maximum Monthly Purchase Obligation; and (2) energy delivered to the Point of
Delivery at a rate exceeding the Maximum Facility Delivery Rate on an hour-averaged basis.
1.24 "Index Price" shall mean the average of: (1) the weighted average of the daily
On-Peak and Off-Peak Dow Jones Mid-Columbia index prices for firm energy; and (2) the
weighted average of the daily On-Peak and Off-Peak Dow Jones Palo Verde index (Dow Jones
Palo Verde Index) prices for firm energy. For Sunday and NERC holidays, the 24-Hour
Index Price shall be used, unless Dow Jones shall publish a Firm On-Peak and Firm Off-Peak
Price for such days for Mid-C and Palo Verde, in which event such indices shall be utilized
for such days. If the Dow Jones index or any replacement of that index ceases to be published
during the term of this Agreement, PacifiCorp shall select as a replacement a substantially
equivalent index that, after any appropriate or necessary adjustments, provides the most
reasonable substitute for the index in question. Pacifi.Corp's selection shall be subject to
Seller's consent, which Seller shall not unreasonably withhold, condition or delay.
1.25 "Initial Year Energy Delivery Schedule" shall have the meaning set forth in
Section 4.3.1.
1.26 "Interconnection Facilities" means all the facilities and ancillary equipment
used to interconnect the Facility to the System, as defined in the Generation Interconnection
Agreement.
1.27 "Licensed Professional Engineer" means a person acceptable to PacifiCorp in
its reasonable judgment who is licensed to practice engineering in the state of Idaho, who bas
training and experience in the engineering discipline(s) relevant to the matters with respect to
which such person is called to provide a certification, evaluation and/or opinion, who has no
economic relationship, association, or nexus with the Seller, and who is not a representative of
a consulting engineer. contractor. designer or other individual involved in the development of
the Facility. or of a manufacturer or supplier of any equipment installed in the Facility. Such
Licensed Professional Engineer shall be licensed in an appropriate engineering discipline for
the required certification being made. The engagement and payment of a Licensed
Professional Engineer solely to provide the certifications, evaluations and opinions required by
this Agreement shall not constitute a prohibited economic relationship, association or nexus
with the Seller, so long as such engineer has no other economic relationship, association or
nexus with the Seller.
5
Exhibit A, Page 155 of 301
Case No. PAC-E-10..08
Rocky Mountain Power's Motion for Summary Judgment
DRAFT
1.28 "Maintenance Outage" means any outage of one or more Wind Turbines that is
not a Forced Outage or a Planned Outage. A Maintenance Outage is an outage that can be
deferred until after the end of the next weekend, but that requires that the Wind Turbine(s) be
removed from service before the next Planned Outage. A Maintenance Outage may occur any
time during the year and must have a flexible start date.
1.29 "Material Adverse Change .. shall mean, with respect to the Seller, if the
Seller, in the reasonable opinion of PacifiCorp, has experienced a material adverse change in
ability to fulfill its obligations under this Agreement.
1.30 "Maximum Facility Delivery Rate" means the maximum instantaneous rate
(kW) at which the Facility is capable of delivering Net Output at the Point of Delivery, as
specified in Exhibit A, and in compliance with the Generation Interconnection Agreement.
1.31 "Maximum Monthly Purchase Obligatlon" means the maximum amount of
energy PacifiCorp is obligated to purchase under this Agreement in a calendar month. In
accordance with Commission Order No. 29632, the Maximum Monthly Purchase Obligation
for a given month, in kWh, shall equal 10,000 kW multiplied by the total number of hours in
that month and prorated for any partial month.
1.32 "Nameplate Capacity Rating,. means the maximum instantaneous generating
capacity of any qualifying small power or cogeneration generating unit supplying all or part of
the energy sold by the Facility, expressed in MW or kW, when operated consistent with the
manufacturer's recommended power factor and operating parameters, as set forth in a notice
from Seller to PacifiCorp delivered before the Commercial Operation Date and, if applicable,
updated in the As-built Supplement.
1.33 "NERC .. means the North American Electric Reliability Corporation.
1.34 "Net Energy .. means the energy component, in kWh, of Net Output.
1.35 "Net Output" means all energy and capacity produced by the Facility, less
station use and less transformation and transmission losses and other adjustments, if any. For
purposes of calculating payment under this Agreement, Net Output of energy shall be the
amount of energy flowing through the Point of Delivery, less any station use not provided by
the Facility. Net Output does not include Inadvertent Energy.
1.36 "Network Resource" shall have the meaning set forth in the Tariff.
1.37 "Network Service Provlder" means PacifiCorp Transmission, as a provider of
network service to PacifiCorp under the Tariff.
1.38 "Non-Conforming Energy" means Net Output produced by the Facility prior to
the Commercial Operation Date.
1.39 "Non-Conforming Energy Purchase Price" means the applicable price for
Non-Conforming Energy and capacity, specified in Section 5.1.
6
Exhibit A, Page 156 of 301
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1.40 "Off-Peak Hours" means all hours of the week that are not On-Peak Hours.
1.41 "On-Peak Hours" means hours from 7:00 a.m. to 11:00 p.m. Mountain
Prevailing Time, Monday through Saturday, excluding Western Electricity Coordinating
Council (WECC) and North American Electric Reliability Corporation (NERC) holidays.
1.42 "Output Shortfall" and "Output Shortfall Damages" shall have the meanings
set forth in Section 4.5 of this Agreement.
1.43 "PacifiCorp" is defined in the first paragraph of this Agreement, and excludes
PacifiCorp Transmission.
1.44 "PacifiCorp Transmission" means PacifiCorp, an Oregon corporation, acting
in its interconnection and transmission function capacity.
1.45 "Planned Outage" means an outage of predetermined duration that is scheduled
in Seller's Energy Delivery Schedule. Boiler overhauls, turbine overhauls or inspections are
typical planned outages. Maintenance Outages and Forced Outages are not Planned Outages.
1.46 "Point of Delivery" means the high side of the generation step-up transformer(s)
located at. the point of interconnection between the Facility and the System, as specified in the
Generation Interconnection Agreement and in Exhibit B.
1.47 "Prime Rate" means the rate per annum equal to the publicly announced prime
rate or reference rate for commercial loans to large businesses in effect from time to time
quoted by JPMorgan Chase & Co. If a JPMorgan Chase & Co. prime rate is not available,
the applicable Prime Rate shall be the announced prime rate or reference rate for commercial
loans in effect from time to time quoted by a bank with $10 billion or more in assets in New
York City, N.Y., selected by the Party to whom interest based on the prime rate is being paid.
1.48 "Production Tax Credits" means production tax credits under Section 45 of the
Internal Revenue Code as in effect from time to time during the term hereof or any successor
or other provision providing for a federal tax credit determined by reference to renewable
electric energy produced from wind resources and any correlative state tax credit determined
by reference to renewable electric energy produced from wind resources for which the Facility
is eligible.
1.49 "Prudent Electrical Practices" means any of the practices, methods and acts
engaged in or approved by a significant portion of the electrical utility industry or any of the
practices, methods or acts, which, in the exercise of reasonable judgment in the light of the
facts known at the time a decision is made, could have been expected to accomplish the
desired result at the lowest reasonable cost consistent with reliability, safety and expedition.
Prudent Electrical Practices is not intended to be limited to the optimum practice, method or
act to the exclusion of all others, but rather to be a spectrum of possible practices, methods or
acts.
7
ExhibitA, Page 157 of 301
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Rocky Mountain Power's Motion for Summary Judgment
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1.50 "QF" means "Qualifying Facility", as that term is defined in the version of
FERC Regulations (codified at 18 CFR Part 292) in effect on the date of this Agreement.
1.51 "Required Facility Documents" means all deeds, titles, leases, licenses,
permits, authorizations, and agreements demonstrating that seller controls the necessary
property rights and government authorizations to construct, operate, and maintain the Facility,
including without limitation those set forth in Exhibit C.
1.52 "Scheduled Commercial Operation Date" means the date by which Seller
promises to achieve Commercial Operation, as specified in Section 2.2.6.
1.53 "Scheduled Monthly Energy Delivery" means the Net Energy scheduled to be
delivered during a given calendar month, as specified by Seller in the Energy Delivery
Schedule.
1.54 "Seller's Forecast-Cost Share" and "Seller's Capped Forecast-Cost Share"
shall have the meanings set forth in Sections 8.2 and 8.3 respectively.
1.55 "Subsequent Energy Delivery Schedule" shall have the meaning set forth in
Section 4.3.3.
1.56 "Sy�" means the electric transmission substation and transmission or
distribution facilities owned, operated or maintained by Transmission Provider, which shall
include, after construction and installation of the Facility, the circuit reinforcements,
extensions, and associated terminal facility reinforcements or additions required to
interconnect the Facility, all as set forth in the Generation Interconnection Agreement.
1.57 "Tariff" means the PacifiCorp Transmission FERC Electric Tariff Seventh
Revised Volume No.11 Pro Fonna Open Access Transmission Tariff or the Transmission
Provider's corresponding FERC tariff or both, as revised from time to time.
1.58 "Transmission Provider" means PacifiCorp Transmission or a successor,
including any regional transmission organization ("RTO").
1.59 "Wind Turbine" means a [description of intended wind turbine model]. At its
full Facility Capacity Rating, the Facility will consist of_ Wind Turbines.
SECTION 2: TERM, COMMERCIAL OPERATION DATE
2.1 This Agreement shall become effective after execution by both Parties and after
approval by the Commission ("Effective Date"); provided, however, this Agreement shall not
become effective until the Commission has determined that the prices to be paid for energy
and capacity are just and reasonable, in the public interest, and that the costs incurred by
PacifiCorp for purchases of capacity and energy from Seller are legitimate expenses, all of
which the Commission will allow PacifiCorp to recover in rates in Idaho in the event other
jurisdictions deny recovery of their proportionate share of said expenses.
8
Exhibit A, Page 158 of 301
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Rocky Mountain Power's Motion for Summary Judgment
DRAFT
Unless earlier terminated as provided herein, the Agreement shall remain in effect until
_____ [ enter date that is no later than 20 years after the Scheduled Commercial
Operation Date] ("Expiration Date").
2.2 Ti.me is of the essence of this Agreement, and Seller's ability to meet certain
requirements prior to the Commercial Operation Date and to achieve Commercial Operation
by the Scheduled Commercial Operation Date is critically important. Therefore,
2.2.1 By , Seller shall obtain and provide to
PacifiCorp copies of all governmental permits and authorizations necessary for
construction of the Facility.
2.2.2 By , Seller shall provide to PacifiCorp a copy
of an executed Generation Interconnection Agreement, whose terms shall be consistent
with the terms of this Agreement. .
2.2.3 By the date 5 business days after the Effective Date, Seller shall
provide Delay Security required under Section 11.1.1, as applicable.
2.2.4 By the date 30 calendar days after the Effective Date, Seller shall
provide Default Security required under Section 11.2, as applicable.
2.2.5 Prior to Commercial Operation Date, Seller shall provide
PacifiCorp with an As-built Supplement acceptable to PacifiCorp.
2.2.6 By Seller shall have achieved Commercial
Operation ("Scheduled Commercial Operation Date").
2.2.7 Beginning , Seller shall provide PacifiCorp a
one-page monthly update by e-mail on the progress of the milestones in this Section
2.2.
2.3 Seller shall cause the Facility to achieve Commercial Operation on or before the
Scheduled Commercial Operation Date. If Commercial Operation occurs after the Scheduled
Commercial Operation Date, Seller shall be liable to pay PacifiCorp delay damages for the
number of days ("Delay Period") the Commercial Operation Date occurs after the Scheduled
Commercial Operation Date, up to a total of 120 days ("Delay Liquidated Damages").
Delay Liquidated Damages equals the sum of: the Delay Price times the Delay
Volume, for each day of the Delay Period
Where:
''Delay Price" equals the positive difference, if any, of the Index Price minus the
weighted average of the On-Peak and Off-Peak monthly Conforming Energy Purchase
Prices; and
9
Exhibit A, Page 159 of 301
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Rocky Mountain Power's Motion for Summary Judgment
DRAFT
''Delay Volume" equals the applicable Scheduled Monthly Energy Delivery divided by the number of days in that month.
The Parties agree that the damages PacifiCorp would incur due to delay in the Facility
achieving Commercial Operation on or before the Scheduled Commercial Operation Date
would be difficult or impossible to predict with certainty, and that the Delay Liquidated
Damages are an appropriate approximation of such damages.
SECTION 3: REPRESENTATIONS AND WARRANTIES
3.1 PacifiCorp represents, covenants, and warrants to Seller that:
3.1.1 PacifiCorp is duly organized and validly existing under the laws of
the State of Oregon.
3.1.2 PacifiCorp has the requisite corporate power and authority to enter
into this Agreement and to perform according to the terms of this Agreement.
3.1.3 PacifiCorp has taken all corporate actions required to be taken by it
to authorize the execution, delivery and performance of this Agreement and the
consummation of the transactions contemplated hereby.
3.1.4 Subject to Commission approval, the execution and delivery of this
Agreement does not contravene any provision of, or constitute a default under, any
indenture, mortgage, or other material agreement binding on PacifiCorp or any valid
order of any court, or any regulatory agency or other body having authority to which
PacifiCorp is subject.
3.1.5 Subject to Commission approval, this Agreement is a valid and
legally binding obligation of PacifiCorp, enforceable against PacifiCorp in accordance
with its terms (except as the enforceability of this Agreement may be limited by
bankruptcy, insolvency, bank moratorium or similar laws affecting creditors' rights
generally and laws restricting the availability of equitable· remedies and except as the
enforceability of this Agreement may be subject to general principles of equity,
whether or not such enforceability is considered in a proceeding at equity or in law).
3.2 Seller represents, covenants, and warrants to PacifiCorp that:
3.2.l Seller is a __ [corporation, partnership, or limited liability
company] duly organized and validly existing under the laws of [state
of Seller's incorporation].
3.2.2 Seller has the requisite power and authority to enter into this
Agreement and to perform according to the terms hereof, including all required
regulatory authority to make wholesale sales from the Facility.
10
Exhibit A, Page 160 of 301
Case No. PAC-E-1Q..08
Rocky Mountain Powe(s Motion for Surrvnary Judgment
DRAFT
3.2.3 Seller's shareholders, directors, and officers have taken all actions
required to authorize the execution, delivery and performance of this Agreement and
the consummation of the transactions contemplated hereby. ·
3 .2.4 The execution and delivery of this Agreement does not contravene
any provision of, or constitute a default under, any indenture, mortgage, or other
material agreement binding on Seller or any valid order of any court, or any regulatory
agency or other body having authority to which Seller is subject.
3.2.5 This Agreement is a valid and legally binding obligation of Seller,
enforceable against Seller in accordance with its terms (except as the enforceability of
this Agreement may be limited by bankruptcy, insolvency, bank moratorium or similar
laws affecting creditors' rights generally and laws restricting the availability of
equitable remedies and except as the enforceability of this Agreement may be subject to
general principles of equity, whether or not such enforceability is considered in a
proceeding at equity or in law).
3.2.6 The Facility is and shall for the term of this Agreement continue to
be a QF. Seller has provided the appropriate QF certification, which may include a
Federal Energy Regulatory Commission self-certification to PacifiCorp prior to
PacifiCorp's execution of this Agreement. At any time PacifiCorp has reason to
believe during the term of this Agreement that Seller's status as a QF is in question,
PacifiCorp may require Seller to provide PacifiCorp with a written legal opinion from
an attorney in good standing in the state of Idaho and who has no economic
relationship, association or nexus with the Seller or the Facility, stating that the Facility
is a QF and providing sufficient proof (including copies of all documents and data as
PacifiCorp may request) demonstrating that Seller has maintained and will continue to
maintain the Facility as a QF.
3.2.7 Neither the Seller nor any of its principal equity owners is or has
within the past two (2) years been the debtor in any bankruptcy proceeding, is unable
to pay its bills in the ordinary course of its business, or is the subject of any legal or
regulatory action, the result of which could reasonably be expected to impair Seller's
ability to own and operate the Facility in accordance with the terms of this Agreement.
11
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DRAFT
3.2.8 Seller has not at any time defaulted in any of its payment
obligations for electricity purchased from PacifiCorp.
3.2.9 Seller is not in default under any of its other agreements and is
current on all of its financial obligations.
3.2.10 Seller owns, and will continue to own for the term of this
Agreement, all right, title and interest in and to the Facility, free and clear of all liens
and encumbrances other than liens and encumbrances related to third-party financing of
the Facility.
3.3 Notice. If at any time during this Agreement, any Party obtains actual
knowledge of any event or information which would have caused any of the representations
and warranties in this Section 3 to have been materially untrue or misleading when made, such
Party shall provide the other Party with written notice of the event or information, the
representations and warranties affected, and the action, if any, which such Party intends to
take to make the representations and warranties true and correct. The notice required pursuant
to this Section shall be given as soon as practicable after the occurrence of each such event.
SECTION 4: DELIVERY OF POWER; AVAILABILITY GUARANTY
4.'1 Delivery and Acceptance of Net Output. Unless otherwise provided herein,
PacifiCorp will purchase and Seller will sell all Net Output from the Facility.
. 4.2 No Sales to Third Parties. During the term of this Agreement, Seller· shall not
sell any Net Output from the Facility to any entity other than PacifiCorp.
4.3 Energy Delivery Schedule. Seller shall prepare and provide to PacifiCorp, on
an ongoing basis, a written schedule of Net Energy expected to be delivered .by the Facility
("Energy Delivery Schedule"), in accordance with the following:
4.3.1 During the first twelve full calendar months following the
Commercial Operation Date, Seller predicts that the Facility will produce and deliver
the following monthly amounts ("Initial Year Energy Delivery Schedule"):
Month
January
February
March
April
May
June
12
Energy Delivery (kWh)
Exhibit A, Page 162 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion fcx Summary Judgment
DRAFf
July
August
September
October
November
December
4.3.2 Seller may revise the Initial Year Energy Delivery Schedule any
time prior to the Commercial Operation Date.
4.3.3 Beginning at the end of the ninth full calendar month of operation,
and at the end of every 3rd month thereafter, Seller shall supplement the Energy
Delivery Schedule with three additional months of forward estimates (which shall be
appended to this Agreement as Exhibit D) ("Subsequent Energy Delivery
Schedule"), such that the Energy Delivery Schedule will provide at least three months
of scheduled energy estimates at all times. Seller shall provide Subsequent Energy
Delivery Schedules no later than 5:00 pm of the 5th day after the due date. If Seller
does not provide a Subsequent Energy Delivery Schedule by the above deadline,
scheduled energy for the omitted period shall equal the amounts scheduled by Seller for
the same three-month period during the previous year.
4.3.4 Beginning with the end of the third month after the Commercial
Operation Date and at the end of every third month thereafter the Seller may not revise
the immediate next three months of previously provided Energy Delivery Schedules.
But by written notice given to PacifiCorp no later than 5 :00 PM of the 5th day after the
end of any such third month, the Seller may revise all other previously provided
Energy Delivery Schedules. Failure to provide timely written notice of changed
amounts will be deemed to be an election of no change.
4.4 Minimum Availability Obligation. Seller shall cause the Facility to achieve an
Availability of at least 85% during each month ("Guaranteed Availability").
4.5 Liquidated Damages for Output Shortfall. If the Availability in any given month
falls below the Guaranteed Availability, the resulting shortfall shall be expressed in kWh as
the "Output Shortfall." The Output Shortfall shall be calculated in accordance with the
following formula:
Output Shortfall = (Guaranteed Availability- Availability)*
Scheduled Monthly Energy Delivery
Seller shall pay PacifiCorp for any Output Shortfall at the lower of (1) the positive difference,
· if any, of the Index Price minus the weighted average of the On-Peak and Off-Peak monthly
Conforming Energy Purchase Prices; or (2) the weighted average of the On-Peak and Off­
Peak monthly Conforming Energy Purchase Prices ("Output Shortfall Damages").
13
ExhibitA, Page 163 of 301
Case No. PAC-E-10-08
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Output Shortfall Damages = Output Shortfall * Output Shortfall Price
Where:
Output Shortfall Price = (Index Price - Weighted Average CEPP), except
that if Output Shortfall Price < 0, then Output
Shortfall Price = 0
Weighted Average CEPP = the weighted average On-Peak and Off-Peak
Conforming Energy Purchase Prices for the month
of Output Shortfall
If an Output Shortfall occurs in any given month, Seller may owe PacifiCorp liquidated
damages. Each Party agrees and acknowledges that (a) the damages that PacifiCorp would
incur due to the Facility's failure to achieve the Guaranteed Availability would be difficult or
impossible to predict with certainty, and (b) the liquidated damages contemplated in this
Section 4.5 are a fair and reasonable calculation of such damages. "
4.6 Audit Rights. In addition to data provided wider Sections 9.2 and 9.3,
PacifiCorp shall have the right, but not the obligation, to audit the Facility's compliance with
its Guaranteed Availability using any reasonable methods. Seller agrees to retain all
performance related data for the Facility for a minimum of three years, and to cooperate with
PacifiCorp in the event PacifiCorp decides to audit such data.
SECTIONS: PURCHASE PRICES
5.1 Energy Purchase Price. Except as provided in Section 5.3, PacifiCorp will pay
Seller Conforming Energy or Non-Conforming Energy Purchase Prices for Net Output
adjusted for the month and On-Peak Hours or Off-Peak Hours and the wind integration cost
using the following formulae, in accordance with Commission Order Nos. 30423, 30497, and
30744:
Conforming Energy Purchase Price = (� * MPM) - WIC
Non-Conforming Energy Purchase Price = (ARncc * MPM) - WIC
Where:
Conforming Energy annual rate from Table 1, below, for the year
of the Net Output.
the lower of
85% of the Conforming Energy annual rate from Table 1,
below, for the year of Net Output
or
14
ExhibitA, Page 164 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
DRAFT
MPM
WIC
=
85% of weighted average of the daily On-Peak and Off­
Peak Dow Jones Mid-Columbia index prices for firm
energy for the month, or portion of month, of Net Output.
monthly On-Peak or Off-Peak multiplier from Table 2, below, that
corresponds to the month of the Net Output and whether the Net
Output occurred during On-Peak Hours or Off-Peak Hours.
$5.10/MWh, the wind integration cost prescribed in Commission
Order No. 30497.
Example calculations are provided in Exhibit G.
Table 1: Conforming Energy Annual Rates (from Commission Order No. 30744}*
Conforming Energy
Annual Rate (ARa)
Year $/MWb
2009 76.73
2010 75.83
2011 77.95
2012 80.24
2013 82.14
2014 84.09
2015 86.09
2016 88.25
2017 90.34
2018 92.60
2019 94.80
2020 97.05
2021 99.36
2022 101.73
2023 104.15
2024 106.64
2025 109.19
2026 112.30
2027 115.50
2028 118.80
2029 122.20
2030 125.71
2031 128.55
Table 2: Monthly On-Peak/Off-Peak Multipliers (from Commission Order No. 30423)
I Month On-Peak Off-Peak I
• If Seller has elected levelized pricing for Net Output, additional security requirements in
Section 11.2 apply.
15
Exhibit A, Page 165 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
DRAFT
Houn Hours
Januarv 103% 94%
February 105% 97%
March 95% 80%
April 95% 76%
May 92% 63%
June 94% 65%
July 121% 92%
Auzust 121% 106%
September 109% 99%
October ll5% 105%
November 110% 96%
December 129% 120%
:.
5.2 Payment.
for each Billing Period in each Contract Year, PacifiCorp shall pay Seller as follows:
For delivery of Conforming Energy:
= Payment (CEnergyo,,.,.. • CEPPriceo,,...._ / 1000) +
(CEnergyorr·l'al< • CEPPriceOff.- / 1000)
For delivery of Non-Conforming Energy:
Payment = (NCEnergyo..- * NCEPPriceOIH'ealt / 1000) +
(NCEnergyote·""* * NCEPPriceorr.- / 1000)
Where:
= CEnergy
CEPPrice
NCEnergy
NCEPPrice
On-Peak =
Off-Peak =
Conforming Energy in kWh
Conforming Energy Purchase Price in $/MWh
Non-Conforming Energy in kWh
Non-Conforming Energy Purchase Price in $/MWh
the corresponding value for On-Peak Hours
the corresponding value for Off-Peak Hours
5.3 Inadvertent Enerzv. PacifiCorp may accept Inadvertent Energy at its sole
discretion, but will not purchase or pay for Inadvertent Energy.
SECTION 6: OPERATION AND CONTROL
6.1 Seller shall operate and maintain the Facility in a safe manner in accordance with
the Generation Interconnection Agreement, Prudent Electrical Practices and in accordance
with the requirements of all applicable federal, state and local laws and the National Electric
Safety Code as such laws and code may be amended from time to time. PacifiCorp shall have
no obligation to purchase Net Output from the Facility to the extent the interconnection
between the Facility and PacifiCorp's electric system is disconnected, suspended or
16
Exhibit A. Page 166 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
DRAFf
interrupted, in whole or in part, pursuant to the Generation Interconnection Agreement, or to
the extent generation curtailment is required as a result of Seller's non-compliance with the
Generation Interconnection Agreement. PacifiCorp shall have the right to inspect the Facility
to confirm that Seller is operating the Facility in accordance with the provisions of this Section
6 upon reasonable notice to Seller. Seller is solely responsible for the operation and
maintenance of the Facility. PacifiCorp shall not, by reason of its decision to inspect or not to
inspect the Facility, or by any action or inaction taken with respect to any such inspection,
assume or be held responsible for any liability or occurrence arising from the operation and
maintenance by Seller of the Facility.
6.2 Energy Acceptance.
6.2.1 Voluntarv Curtailment by PacifiCorp. Seller shall curtail
deliveries of Net Output and associated Environmental Attributes at any time, in whole
or in part, and for any duration specified by PacifiCorp with no less than ten (10)
minutes ( or such lesser time as may be provided for, as between Transmission Provider
and Interconnection Provider, in the Generation Interconnection Agreement) prior
notice (which may be given by telephone) from PacifiCorp to Seller. PacifiCorp shall
take reasonable steps to confirm Seller's receipt of such notice. The MWh amount of
Net Output curtailed pursuant to this Section 6.2.1 ("Curtailment Energy") shall be
reasonably determined by Seller after the fact based on the amount of energy that could
have been generated at the Facility and delivered to PacifiCorp as Net Output at the
Point of Delivery but that was not generated and delivered because of the curtailment.
Seller shall determine the quantity of Curtailment Energy based on (1) the time and
duration of the curtailment period and (2) the number of MWhs that would have been
generated based on the wind velocities recorded at the Facility during the period of
curtailment and the tested and verified power curve for the Wind Turbines provided in
Exhibit A. Seller shall promptly provide PacifiCorp with access to such information
and data as PacifiCorp may reasonably require to confirm to its reasonable satisfaction
the amount of Curtailment Energy. PacifiCorp shall pay Seller for the Curtailment
Energy at the then applicable Conforming Energy Purchase Price. Notwithstanding
any other provision hereof, during any period of curtailment pursuant to this Section
6.2.1, Seller shall not generate Net Output to the extent curtailed by PacifiCorp, or sell
any portion of the Facility's energy to any third party. Notwithstanding the foregoing,
PacifiCorp's obligation to pay for Curtailment Energy pursuant to this Section 6.2.1
shall not apply during any times Seller would otherwise have been required to curtail
pursuant to Section 6.2.2 and during any times prior to the Commercial Operation Date.
6.22 Required· Curtailment. PacifiCorp shall not be obligated to
purchase, receive or pay for Net Output (nor shall it be liable for associated unrealized
Production Tax Credits or Environmental Attributes) that is not delivered to the Point
of Delivery during times and to the extent that such Net Output is not delivered to the
Point of Delivery because (a) the interconnection between the Facility and the System
is disconnected, suspended or interrupted, in whole or in part, pursuant to the terms of
17
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the Generation Interconnection Agreement, (b) the Network Service Provider or
Transmission Provider Curtails (as defined in the Tariff) Net Output or order
PacifiCorp to curtail Net Output, (c) the Facility's Output is not received because the
Facility is not fully integrated or synchronized with the System, or (d) an event of
Force Majeure prevents either Party from delivering or receiving Net Output. Toe
MWh amount of Net Output curtailed pursuant to this Section 6.2.2 shall be reasonably
determined by Seller after the fact based on the amount of energy that could have been
generated at the Facility and delivered to PacifiCorp as Net Output but that was not
generated and delivered because of the curtailment. Seller shall determine the quantity
of such curtailed energy based on (x) the time and duration of the curtailment period
and (y) wind conditions recorded at the Facility during the period of curtailment and
the tested and verified power curve for the Wind Turbines. Seller shall promptly
provide PacifiCorp with access to such information and data as PacifiCorp may
reasonably require to confirm to its reasonable satisfaction the amount of energy that
was not generated or delivered because of a curtailment described in this Section 6.2.2.
6.2.3 PacifiCorp as Merchant. Seller acknowledges that PacifiCorp,
acting in its merchant capacity function as purchaser under this Agreement, has no
responsibility for or control over PacifiCorp Transmission or any successor
Transmission Provider.·
6.3 Outages.
6.3.1 Planned Outages. Except as otherwise provided herein, Seller
shall not schedule Planned Outage during any portion of the months of [(list peak
months) November, December, January, February, June, July, and August], except to
the extent a Planned Outage is reasonably required to enable a vendor to satisfy a
guarantee requirement in a situation in which the vendor is not otherwise able to
perform the guarantee work at a time other than during one of the months specified
above. Seller shall, in Exhibit D, provide PacifiCorp with an annual forecast of
Planned Outages for each Contract Year at least one (1) month, but no more that three
(3) months, before the first day of that Contract Year, and shall promptly update such
schedule, or otherwise change it only, to the extent that Seller is reasonably required to
change it in order to comply with Prudent Electrical Practices. Seller shall not
schedule more than one hundred fifty (150) hours of Planned Outages for each calendar
year. Seller shall not schedule any maintenance of Interconnection Facilities during
such months, without the prior written approval of PacifiCorp, which approval may be
withheld by PacifiCorp in its sole discretion.
6.3.2 Maintenance Outages. If Seller reasonably determines that it is
necessary to schedule a Maintenance Outage, Seller shall notify PacifiCorp of the
proposed Maintenance Outage as soon as practicable but in any event at least five (5)
days before the outage begins ( or such shorter period to which PacifiCorp may
reasonably consent in light of then existing wind conditions). Upon such notice, the
Parties shall plan the Maintenance Outage to mutually accommodate the reasonable
requirements of Seller and the service obligations of PacifiCorp. Seller shall take all
18
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reasonable measures and use best efforts consistent with Prudent Electrical Practices to
not schedule any Maintenance Outage during the following periods: [June 15 through
June 30, July, August, and September 1 through September 15]. Seller shall include in
such notice of a proposed Maintenance Outage the expected start date and time of the
outage, the amount of generation capacity of the Facility that will not be available, and
the expected completion date and time of the outage. Seller may provide notices under
this Section 6.3.2 orally. Seller shall confirm any such oral notification in writing as
soon as practicable. PacifiCorp shall promptly respond to such notice and may request
reasonable modifications in the schedule for the outage. Seller shall use all reasonable
efforts to comply with PacifiCorp's request to modify the schedule for a Maintenance
Outage if such modification has no substantial impact on Seller. Seller shall notify
PacifiCorp of any subsequent changes in generation capacity of the Facility during such
Maintenance Outage and any changes in the Maintenance Outage completion date and
time. Seller shall take all reasonable measures and exercise its best efforts consistent
with Prudent Electrical Practices to mioimire the frequency and duration of
Maintenance Outages.
6.3.3 Forced Outages. Seller shall promptly provide to PacifiCorp an
oral report, via telephone to a number specified by PacifiCorp, of any Forced Outage
of the Facility. Such report shall include the amount of generation capacity of the
Facility that will not be available because of the Forced Outage and the expected return
date and time of such generation capacity. Seller shall promptly update the report as
necessary to advise PacifiCorp of changed circumstances. If the Forced Outage
resulted in more than 15 % of the Facility Capacity Rating of the Facility being
unavailable, Seller shall confirm the oral report in writing as soon as practicable.
Seller shall take all reasonable measures and exercise its best efforts consistent with
Prudent Electrical Practices to avoid Forced Outages and to minimize their duration.
6.3.4 Notice of Deratings and Outages. Without limiting other notice
requirements, Seller shall notify PacifiCorp, via telephone to a number specified by
PacifiCorp, of any limitation. restriction, derating or outage known to Seller that
affects the generation capacity of the Facility in an amount greater than five percent
(5%) of the Facility Capacity Rating for the following day. Seller shall promptly
update such notice to reflect any material changes to the information in such notice.
6.3.5 Effect of Outages on Estimated Output. Seller shall factor Planned
Outages and Maintenance Outages that Seller reasonably expects to encounter in the
ordinary course of operating the Facility into the Scheduled Monthly Energy Delivery
amounts in the Energy Delivery Schedule set forth in Exhibit D.
6.4 Scheduling.
6.4.1 Daily Scheduling. [provide if applicable]
6.4.2 Cooperation and Standards. With respect to any and all scheduling
requirements in this Agreement, (a) Seller shall cooperate with PacifiCorp with respect
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to scheduling Net Output, and (b) each Party shall designate authorized representatives
to communicate with regard to scheduling and related matters arising hereunder.
6.4.3 Schedule Coordination. If, as a result of this Agreement,
PacifiCorp is deemed by an RTO to be financially responsible for Seller's performance
under the Generation Interconnection Agreement due to Seller's lack of standing as a
"scheduling coordinator" or other. RTO recognized designation, qualification or
otherwise, then (a) Seller shall acquire such RTO recognized standing (or shall contract
with a third party who has such RTO recognized standing) such that PacifiCorp is no
longer responsible for Seller's performance under the Generation Interconnection
Agreement, and (b) Seller shall defend, indemnify and hold PacifiCorp harmless
against any liability arising due to Seller's performance or failure to perform under the
Generation Interconnection Agreement or RTO requirement.
6.5 Delivery Exceeding the Maximum Facility Delivery Rate. Seller shall not
deliver energy from the Facility to the Point of Delivery in an amount that exceeds the
Maximum .. Facility Delivery Rate. Seller's failure to limit such deliveries to the Maximum
Facility Delivery Rate shall be a material breach of this Agreement.
6.6 Increase to the Maximum Facility Delivery Rate. Seller may, in accordance
with this Section 6.6 and upon written approval by PacifiCorp, increase the Maximum Facility
Delivery Rate, unless, after such increase, under .normal or average design conditions the Net
Output would exceed the Maximum Monthly Purchase Obligation in any given month.
PacifiCorp approval· of such increase is conditioned on the Public Utility Regulatory Policies
Act (16 U.S.C. 824a-3) and other applicable law requiring PacifiCorp to purchase the
incremental Net Output. If Seller increases the Maximum Facility Delivery Rate, PacifiCorp
will continue to pay for base Net Output at the rate(s) prescribed by Section 5 of this
Agreement, and PacifiCorp will pay for incremental Net Output resulting from the increase to
the Maximum Facility Delivery Rate at the rate(s) prescribed by the Commission at the time of
PacifiCorp's approval, if granted, of the increase in the Maximum Facility Delivery Rate.
PacifiCorp shall, in its approval, if granted, specify a reasonable means of distinguishing such
base Net Output from such incremental Net Output.
SECTION 7: MOTIVE FORCE
Prior to the Effective Date of this Agreement, Seller provided to PacifiCorp a motive
force plan including an hourly wind profile acceptable to PacifiCorp in its reasonable discretion
and attached hereto as Exhibit F-1, together with a certification from a Licensed Professional
Engineer to PacifiCorp attached hereto as Exhibit F-2, certifying that the implementation of the
fuel or motive force plan can reasonably be expected to provide fuel or motive force to the
Facility for the duration of this Agreement adequate to generate power and energy in quantities
necessary to deliver the Average Annual Net Output.
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Exhibit A, Page 170 of 301
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SECTION 8: GENERATION FORECASTING COSTS
8.1 Forecast Service Election. PacifiCorp may, in its discretion, add forecasting
services for Seller's Facility to PacifiCorp's existing contract with a qualified wind-energy­
production forecasting vendor, which contract and vendor may change during the term of this
Agreement.
8.2 Seller's Forecast-Cost Share. Pursuant to Commission Order No. 30497, Seller
shall be responsible for 50% of PacifiCorp's cost of adding such forecasting services
("Seller's Forecast-Cost Share") up to Seller's Capped Forecast-Cost Share.
8.3 Cap on Seller's Forecast-Cost Share. Seller's Forecast-Cost Share for a given
Contract Year is capped at 0.1 % of total payments made by PacifiCorp to Seller for Net
Output during the previous Contract Year ("Seller's Capped Forecast-Cost Share"). If the
last Contract Year of this Agreement is shorter than a full calendar year, the cap will be
prorated for that shortened year. For the year(s) prior to the second Contract Year of this
agreement that equals a full calendar year, Seller's Forecast-Cost Share is capped at 0.1 % of
estimated payments for Net Output based on the Energy Delivery Schedule.
8.4 Payment. Seller shall pay to PacifiCorp Seller's Forecast-Cost Share uncapped
· by Section 8.3 for each Contract Year in equal payments for each month of such year except
the last month of such year. (For example, in a Contract Year equaling a full calendar year,
Seller would pay 1/llth of Seller's Forecast-Cost Share during each of the first 11 months.)
In the last month of each Contract Year, PacifiCorp shall refund to Seller the amount paid by
Seller under this Section in excess, if any, of Seller's Capped Forecast-Cost Share. For a
Contract Year encompassed by just one calendar month, Seller's payment to PacifiCorp and
PacifiCorp's refund to Seller shall be calculated and paid simultaneously. To the extent
practicable, payments and refunds under this Section shall be included in monthly payments
and invoices under Section 10.
SECTION 9: METERING; REPORTS AND RECORDS
9.1 Metering Equipment. PacifiCorp shall design, furnish, install, own, inspect,
test, maintain and replace all metering equipment required pursuant to the Generation
Interconnection Agreement.
9.1.1 Location of Metering Equipment. Metering shall be performed at the
location and in the manner specified in Exhibit B and the Generation Interconnection
Agreement. All quantities of energy purchased hereunder shall be adjusted to account
for electrical losses, if any, between the point of metering and the Point of Delivery, so
that the purchased amount reflects the net amount of power flowing into PacifiCorp's
system at the Point of Delivery. The loss adjustment shall be a reduction of 2 % of the
kWh energy production recorded on the Facility output meter until actually measured
and calibrated at the meter by PacifiCorp.
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9 .1.2 Maintenance of Metering Equipment. PacifiCorp shall periodically
inspect, test, repair and replace the metering equipment as provided in the Generation
Interconnection Agreement or at the request of Seller if Seller has reason to believe
metering may be off and requests an inspection in writing. Seller shall bear the cost
for any Seller requests. If any of the inspections or tests disclose an error exceeding
two percent (2%), either fast or slow, proper correction, based upon the inaccuracy
found, shall be made of previous readings for the actual period during which the
metering equipment rendered inaccurate measurements if that period can be
ascertained. If the actual period cannot be ascertained, the proper correction shall be
made to the measurements taken during the time the metering equipment was in service
since last tested, but not exceeding three Billing Periods, in the amount the metering
equipment shall have been shown to be in error by such test. Any correction in billings
or payments resulting from a correction in the meter records shall be made in the next
monthly billing or payment rendered.
9.1.3 Costs of Metering Equipment. To the extent not otherwise provided in
the Generation Interconnection Agreement, all PacifiCorp's costs relating to all
metering equipment installed to accommodate Seller's Facility shall be borne by Seller.
9.2 Telemetering. Seller shall provide telemetering equipment and facilities capable
of transmitting the following information concerning the Facility pursuant to the Generation
Interconnection Agreement and to PacifiCorp on a real-time basis, and will operate such
equipment when requested by PacifiCorp to indicate:
(a) instantaneous MW output at the Point of Delivery;
(b) Net Output; and
(c) the Facility's total :instantaneous generation capacity.
Seller shall also transmit to PacifiCorp any other data from the Facility that Seller receives on a
real-time basis, including meteorological data, wind speed data, wind direction data and gross
output data. Seller shall provide such real-time data to PacifiCorp in the same detail that Seller
receives the data (e.g., if Seller receives the data in four second intervals, PacifiCorp shall also
receive the data in four second intervals). PacifiCorp shall have the right from time to time to
require Seller to provide additional telemetering equipment and facilities to the extent necessary
and reasonable.
9.3 Monthly Reports and Logs. Within thirty (30) days after the end of each Billing
Period, Seller shall provide to PacifiCorp the following:
9.3.1 Reports. A report in electronic format, which report shall include
(a) summaries of the Facility's wind and output data for the Billing Period in intervals
not to exceed one hour ( or such shorter period as is reasonably possible with
commercially available technology), including information from the Facility's computer
monitoring system; (b) summaries of any other significant events related to the
construction or operation of the Facility for the Billing Period; (c) details of
Availability of the Facility for the Billing Period sufficient to calculate Availability and
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Exhibit A, Page 172 of 301 Case No. PAC-E-10-08
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including hourly average wind velocity measured at turbine hub height and ambient air
temperature; and (d) any supporting information that PacifiCorp may from time to time
reasonably request (including historical wind data for the Facility).
9.3.2 Electronic Fault Log. Seller shall maintain an electronic fault log
of operations of the Facility during each hour of the term of this Agreement
commencing on the Commercial Operation Date. Seller shall provide PacifiCorp with
a copy of the electronic fault log within thirty (30) days after the end of the Billing
Period to which the fault log applies.
9.4 Cost of Performance Monitoring. Seller shall pay for and design, furnish,
install, own, inspect, test, maintain and replace all equipment required in order to record data
required for the reports and logs in Sections 9.3.
SECTION 10: BILLINGS, COMPUTATIONS AND PAYMENTS
10.1 Payment for Net Output. ,On or before the thirtieth (30th) day following the end
of each Billing Period, PacifiCorp shall send to Seller payment for Seller's deliveries of Net
Output to PacifiCorp, together with computations supporting such payment. PacifiCorp may
offset any such payment to reflect amounts owing from Seller to PacifiCorp pursuant to this
Agreement, the Generation Interconnection Agreement, and any other agreement(s) between
the Parties. Any such offsets shall be separately itemized on the statement accompanying each
payment to Seller.
10.2 Annual Invoicing for Output Shortfall. Thirty calendar days after the end of
each Contract Year, PacifiCorp shall deliver to Seller an invoice showing PacifiCorp's
computation of Output Shortfall, if any, for all Billing Periods in the prior Contract Year and
Output Shortfall Damages, if any. In preparing such invoices, PacifiCorp shall utilize the
meter data provided to PacifiCorp for the Contract Year in question, but may also rely on
historical averages and such other information as may be available to PacifiCorp at the time of
invoice preparation if the meter data for such Contract Year is then incomplete or otherwise
not available. To the extent required, PacifiCorp shall prepare any such invoice as promptly
as practicable following its receipt of actual results for the relevant Contract Year. Seller shall
pay to PacifiCorp, by wire transfer of immediately available funds to an account specified in
writing by PacifiCorp or by any other means agreed to by the Parties in writing from time to
time, the amount set forth as due in such invoice, and shall within thirty (30) days after
receiving the invoice raise any objections regarding any disputed portion of the invoice.
Objections not made by Seller within the thirty-day period shall be deemed waived.
10.3 Any amounts owing after the due date thereof shall bear interest at the Prime
Rate plus two percent (2 %) from the date due until paid; provided, however, that the interest
rate shall at no time exceed the maximum rate allowed by applicable law.
10.4 Disputed Amounts. If either Party, in good faith, disputes any amount due
pursuant to an invoice rendered hereunder, such Party shall notify the other Party of the
specific basis for the dispute and, if the invoice shows an amount due, shall pay that portion of
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the statement that is undisputed, on or before the due date. Except with respect to invoices
provided under Section 10.2, any such notice shall be provided within two (2) years of the
date of the invoice in which the error first occurred. If any amount disputed by such Party is
determined to be due to the other Party, or if the Parties resolve the payment dispute, the
amount due shall be paid within five (5) days after such determination or resolution, along
with interest in accordance with Section 10.3.
SECfIONll: SECURITY
11.1 Delay Security:
11.1.1 Duty to Post Security. Seller, within 5 business days after !PUC
approval of this Agreement, shall post a letter of credit in the amount of _
("Delay Security"). The letter of credit shall be an irrevocable standby letter of
credit, from an institution that has a long-term senior unsecured debt rating of "A" or
greater from Standard & Poors or "A2" or greater from Moody's, in a form
reasonably acceptable to PacifiCorp, naming PacifiCorp as the party entitled td demand
payment and present draw requests thereunder. To the extent PacifiCorp's draws on
the letter of credit cause the remaining balance of the letter of credit to drop below
___ , Seller, within 15 calendar days, shall restore the letter of credit to no less
than$ ---
11.1.2 Right to Draw on Security. PacifiCorp shall have the right to draw
on the Delay Security to collect Delay Liquidated Damages. Commencing on or about
first of each month, PacifiCorp will invoice Seller for Delay Liquidated Damages
incurred, if any, during the preceding month. If Seller fails to pay any undisputed
amount within 30 calendar days of the invoice date, PacifiCorp shall draw such amount
on the Delay Security. The Parties will make billings and payments for Delay
Liquidated Damages in accordance with Section 10.
11.1.3 Additional Securitv. In the event PacifiCorp reasonably
determines at any time that the remaining amount of Delay Security is less than the
estimated value of Delay Liquidated Damages ( due to upward changes in market price
and/or due to Seller's inability to meet the Scheduled Commercial Operation Date),
PacifiCorp may demand that Seller post, and Seller will post within 5 business days of
receipt of such demand, additional Delay Security equal to the estimated (unpaid)
Delay Liquidated Damages.
11.1.4 Termination of Letter of Credit. Unless PacifiCorp disputes
whether Seller has paid all Delay Liquidated Damages, Seller may terminate the Delay
Security letter of credit on or after the 180th calendar day following commencement of
Commercial Operation by providing PacifiCorp with no less than thirty-day advance
written notice of its intent to do so.
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Exhibit A, Page 174 of 301
Case No. PAC-E-10-08
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11.1.5 Default. Seller's failure to post and maintain Delay Security in
accordance with Section 11.1 will constitute an event of default, unless cured in
accordance with Section 12.1.1 of this Agreement.
11.2 Default Security (Levelized Pricing Only). If Seller has adopted levelized
pricing for Net Output, Seller will provide security to PacifiCorp pursuant to Commission
Order Nos. 21690, 21800, 29482, 29587 and related orders ("Default Security") as set forth
in Addendum _[add addendum if Seller elects levelized pricing].
SECTION 12: DEFAULTS AND REMEDIES
12.1 The following events shall constitute defaults under this Agreement:
12.1.1 Non-Payment. Seller's failure to make a payment when due under
this Agreement or post and maintain security in conformance with the requirements of
Section 11 or maintain insurance in conformance with the requirements of Section 14
of this Agreement, if the failure is not cured within ten (10) business days after the
non-defaulting Party gives the defaulting Party a notice of the default.
12.1.2 Breach of Material Term. Breach by a Party of a representation or
warranty set forth in this Agreement, if such failure or breach is not cured within thirty
(30) days following written notice.
12.1.3 Default on Other Azreements. Seller's failure to cure any default
under any commercial or financing agreements or instrument (including the Generation
Interconnection Agreement) within the time allowed for a cure under such agreement
or instrument.
12.1.4 Insolvency. A Party (a) makes an assignment for the benefit of its
creditors; (b) files a petition or otherwise commences, authorizes or acquiesces in the
commencement of a proceeding or cause of action under any bankruptcy or similar law
for the protection of creditors, or has such a petition filed against it and such petition is
not withdrawn or dismissed within sixty (60) days after such filing; (c) becomes
insolvent; or (d) is unable to pay its debts when due.
12.1.5 Material Adverse Change. A Material Adverse Change has
occurred with respect to Seller and Seller fails to provide such performance assurances
as are reasonably requested by PacifiCorp, within fifteen (15) days from the date of
such request.
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ExhibitA, Page 175 of 301
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12.1.6 Sale to Third-Party. Seller's sale of Net Output to an entity other
than PacifiCorp, as prohibited by Section 4.2.
12.1.7 Non-Delivery. Unless excused by an event of Force Majeure,
Seller's failure to deliver any Net Energy for three consecutive calendar months.
12.1.8 A Party otherwise fails to perform any material obligation
(including but not limited to failure by Seller to meet any deadline set forth in Section
2.2) imposed upon that Party by this Agreement if the failure is not cured within thirty
(30) days after the non-defaulting Party gives the defaulting Party notice of the default;
provided, however, that, upon written notice from the defaulting Party, this thirty (30)
day period shall be extended by an additional ninety (90) days if (a) the failure cannot
reasonably be cured within the thirty (30) day period despite diligent efforts, (b) the
default is capable of being cured within the additional ninety (90) day period, and (c)
the defaulting Party commences the cure within the original thirty (30) day period and
is at all times thereafter diligently and continuously proceeding to cure the failure.
12.2 In the event of any default hereunder, the non-defaulting Party must notify the
defaulting Party in writing of the circumstances indicating the default and outlining the
requirements to cure the default. If the default has not been cured within the prescribed time,
above, the non-defaulting Party may terminate this Agreement at its sole discretion by
delivering written notice to the other Party and may pursue any and all legal or equitable
remedies provided by law or pursuant to this Agreement. The rights provided in this Section
12 are cumulative such that the exercise of one or more rights shall not constitute a waiver of
any other rights.
12.3 In the event this Agreement is terminated because of Seller's default and Seller
wishes to again sell Net Output from the facility using the same motive force to PacifiCorp
following such termination, PacifiCorp in its sole discretion may require that Seller do so
subject to the terms of this Agreement, including but not limited to the purchase prices as set
forth in (Section 5), until the Expiration Date (as set forth in Section 2.1). At such time Seller
and PacifiCorp agree to execute a written document ratifying the terms of this Agreement.
12.4 If this Agreement is terminated as a result of Seller's default, Seller shall pay
PacifiCorp for Output Shortfall for a period of eighteen (18) months from the date of
termination plus the estimated administrative cost to acquire the replacement power.
12.5 Recoupment of Damages.
(a) Default Securitv Available. If Seller has posted Default Security,
PacifiCorp may draw upon that security to satisfy any damages, above.
(b) Default Security Unavailable. If Seller has not posted Default Security, or
if PacifiCorp has exhausted the Default Security, PacifiCorp may collect
any remaining amount owing by partially withholding future payments to
Seller over a reasonable period of time. PacifiCorp and Seller shall work
together in good faith to establish the period, and monthly amounts, of
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Exhibit A, Page 176 of 301
Case No. PAC.E-10-08
Rod(y Mountain Power's Motion for Summary Judgment
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such withholding so as to avoid Seller's default on its commercial or
financing agreements necessary for its continued operation of the Facility.
12.6 Upon an event of default or termination event resulting from default under this
Agreement, in addition to and not in limitation of any other right or remedy under this
Agreement or applicable law (including any right to set-off, counterclaim, or otherwise
withhold payment), the non-defaulting Party may at its option set-off, against any amounts
owed to the defaulting Party, any amounts owed by the defaulting Party under any contract(s)
or agreement(s) between the Parties. The obligations of the Parties shall be deemed satisfied and discharged to the extent of any such set-off. The non-defaulting Party shall give the
defaulting Party written notice of any set-off, but failure to give such notice shall not affect the
validity of the set-off.
12.7 Amounts owed by Seller pursuant to this paragraph shall be due within five (5)
business days after any invoice from PacifiGorp for the same.
SECTION 13: INDEMNIFICATION
13.1 Indemnities.
13.1.1 Indemnitv bv Seller. Seller shall release, indemnify and hold
harmless PacifiCorp, its directors, officers, agents, and representatives against and
from any and all loss, fines, penalties, claims, actions or suits, including costs and
attorney's fees, both at trial and on appeal, resulting from, or arising out of or in any
way connected with (a) the energy delivered by Seller under this Agreement to and at
the Point of Delivery, (b) any facilities on Seller's side of the Point of Delivery, (c)
Seller's operation and/or maintenance of the Facility, or (d) arising from this
Agreement, including without limitation any loss, claim, action or suit, for or on
account of injury, bodily or otherwise, to, or death of, persons, or for damage to, or
destruction or economic loss of property belonging to PacifiCorp, Seller or others,
excepting only such loss, claim, action or suit as may be caused solely by the fault or
gross negligence of PacifiCorp, its directors, officers, employees, agents or
representatives.
13.1.2 Indemnity by PacifiCorp. PacifiCorp shall release, indemnify and
hold harmless Seller, its directors, officers, agents, lenders and representatives against
and from any and all loss, fines, penalties, claims, actions or suits, including costs and
attorney's fees, both at trial and on appeal, resulting from, or arising out of or in any
way connected with the energy delivered by Seller under this Agreement after the Point
of Delivery, including without limitation any loss, claim, action or suit, for or on
account of injury, bodily or otherwise, to, or death of, persons, or for damage to, or
destruction or economic loss of property, excepting only such loss, claim, action or suit
as may be caused solely by the fault or gross negligence of Seller, its directors,
officers, employees, agents, lenders or representatives.
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13.2 No Dedication. Nothing in this Agreement shall be construed to create any duty
to, any standard of care with reference to, or any liability to any person not a Party to this
Agreement. No undertaking by one Party to the other under any provision of this Agreement
shall constitute the dedication of that Party's system or any portion thereof to the other Party
or to the public, nor affect the status of PacifiCorp as an independent public utility corporation
or Seller as an independent individual or entity.
· 13.3 CONSEQUENTIAL DAMAGES. EXCEPT TO THE EXTENT SUCH
DAMAGES ARE INCLUDED IN THE LIQUIDATED DAMAGES, DELAY DAMAGES,
OR OTHER SPECIFIED MEASURE OF DAMAGES EXPRESSLY PROVIDED FOR IN
TIIlS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY
FOR SPECIAL, PUNITIVE, INDIRECT, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, WHETHER SUCH DAMAGES ARE ALLOWED OR PROVIDED BY
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR
OTHERWISE.
SECTION t!: LIABILITY AND INSURANCE
14.1 Certificates and Certified Copies of Policies. Seller shall provide PacifiCorp
with certificates of insurance evidencing the policies contemplated by Section _ prior to the
date by which such policies are required to be maintained as set forth in Section _. If any
coverage is written on a "claims-made" basis, the certification accompanying the policy shall
conspicuously state that the policy is "claims-made." PacifiCorp shall have the right to
request certified "true and correct" copies of the insurance policies at any time during the term
of the Agreement and Seller shall furnish to PacifiCorp within 30 days of the request.
14.2 Required Policies and Coverages. Without limiting any liabilities or any other
obligations of Seller under this Agreement, prior to the commencement of interconnection with
the System and until the termination of this Agreement, Seller shall secure and continuously
carry with an insurance company or companies rated not lower than "A-" by A.M. Best
Company (or with a company or companies having equivalent rating) the following insurance
coverage:
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14.2.1 Employers' Liability insurance with limits of at least $1,000,000;
14.2.2 Commercial General Liability insurance with bodily injury and
property damage combined single limits of at least $1,000,000 per occurrence. Such
insurance shall include, but not necessarily be limited to, specific coverage for
contractual liability encompassing the indemnification provisions in this Agreement,
broad form property damage liability, personal injury liability, explosion and collapse
hazard coverage, products/completed operations liability, and, where applicable,
watercraft protection and indemnity liability;
14.2.3 Excess Umbrella Liability insurance with a single limit of at least
$20,000,000 per occurrence in excess of the limits of insurance provided above; and
14.2.4 All-Risk insurance in an amount at least equal to the 80% of the
replacement value of the Facility. The policy shall provide coverage in an amount
equal to the full replacement value of the Facility for "all risks" of physical loss or
damage except as hereinafter provided, including coverage for earth movement, flood,
boiler and machinery, transit and off-site storage accident exposure, but excluding the
equipment owned or leased by Operator and its subcontractors and their personal
property. The policy may contain separate sub limits and deductibles subject to
insurance company underwriting guidelines. Seller shall maintain the policy in
accordance with terms available in the insurance market for similar electric generating
facilities: The policy shall include coverage for business interruption in an amount
covering a period of indemnity equal to twelve (12) months.
14.3 Insurance Structure. Seller may satisfy the amounts of insurance required in
Section 14.2 above by purchasing primary coverage in the amounts specified or by buying a
separate excess umbrella liability policy together with lower limit primary underlying
coverage. The structure of the coverage is at Seller's option, but the total amount of insurance
must the above requirements.
14.4 Occurrence-Based Coverage. The coverage required above, and any umbrella or
excess coverage, shall be "occurrence" form policies. In the event that any policy is written
on a "claims-made" basis and such policy is not renewed or the retroactive date of such policy
is to be changed, the first insured Party shall obtain or cause to be obtained for each such
policy or policies the broadest basic and supplemental extended reporting period coverage or
"tail" reasonably available in the commercial insurance market for each such policy or policies
and shall provide the other Party with proof that such basic and supplemental extended
reporting period coverage or "tail" has been obtained.
14.5 Endorsement Items. Seller shall immediately cause its insurers to amend its
Commercial General Liability and Umbrella or Excess Liability policies with all of the
following endorsement items, and to amend its Workers' Compensation and Auto Liability
policies with the endorsement items set forth in Sections 14.5.3 and 14.5.4 below:
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14.5.1 PacifiCorp and its Affiliates, their respective directors, officers,
employees, and agents as an additional insured under this policy and to the maximum
extent allowed by law, shall be provided with coverages at least as broad as those
required of the Seller by this Agreement;
14.5.2 This insurance is primary with respect to the interest of PacifiCorp
and its Affiliates, their respective directors, officers, employees, and agents; and any
other insurance maintained by them in excess and not contributory with this insurance;
14.5.3 Insurer hereby waives all rights of subrogation against PacifiCorp
and its Affiliates, their respective directors, officers, employees, and agents; and
14.5.4 Notwithstanding any provision of the policy, this policy may not be
canceled, non-renewed or materially changed by the insurer without giving ten (10)
days' prior written notice to PacifiCorp.
14.6 Periodic Review. PacifiCorp may review this schedule of required insurance
provided in Section 14 as often as once every two (2) years. PacifiCorp may in its discretion
require the Seller to make changes to the insurance coverage requirements in this Section 14 to
the extent reasonably necessary to cause such policies and coverages to conform to the
insurance policies and coverages typically obtained or required for power generation facilities
comparable to the Facility at the time of PacifiCorp's review takes place with the consent of
Seller, which shall not be unreasonably withheld.
SECTION 15: FORCE MAJEURE
15.l As used in this Agreement, "Force Majeure" or "an event of Force Majeure"
means any cause beyond the reasonable control of the Seller or of PacifiCorp which, despite
the exercise of due diligence, such Party is unable to prevent or overcome. By way of
example, Force Majeure may include but is not limited to acts of God, flood, storms, wars,
hostilities, civil strife, strikes, and other labor disturbances, earthquakes, fires, lightning,
epidemics, sabotage, restraint by court order or other delay or failure in the performance as a
result of any action or inaction on behalf of a public authority which is in each case (i) beyond
the reasonable control of such Party, (ii) by the exercise of reasonable foresight such Party
could not reasonably have been expected to avoid and (iii) by the exercise of due diligence,
such Party shall be unable to prevent or overcome. Force Majeure, however, specifically
excludes the cost or availability of fuel or motive force to operate the Facility or changes in
market conditions that affect the price of energy or transmission. If either Party is rendered
wholly or in part unable to perform its obligation under this Agreement because of an event of
Force Majeure, both Parties shall be excused from whatever performance is affected by the
event of Force Majeure, provided that:
15.1.1 the non-performing Party, shall, within two (2) weeks after the
occurrence of the Force Majeure, give the other Party written notice describing the
particulars of the occurrence, including the start date of the Force Majeure, the cause
30
Exhibit A, Page 180 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion f0< Summary Judgment
DRAFT
of Force Majeure, whether the Facility remains partially operational and the expected
end date of the Force Majeure;
15.1.2 the suspension of performance shall be of no greater scope and of
no longer duration than is required by the Force Majeure;
15.1.3 the non-performing Party uses its best efforts to remedy its
inability to perform; and
15.1.4 the non-performing Party shall provide prompt written notice to the
other Party at the end of the Force Majeure event detailing the end date, cause there of,
damage caused there by and any repairs that were required as a result of the Force
Majeure event, and the end date of the Force Majeure.
15.2 No obligations of either Party which arose before the Force Majeure causing the
suspension of performance shall be excused as a result of the Force Majeure.
15.3 Neither Party shall be· required to settle any strike, walkout, lockout or other
labor dispute on terms which, in the sole judgment of the Party involved in the dispute, are
contrary to the Party's best interests.
SECTION 16: SEVERAL OBLIGATIONS
Nothing contained in this Agreement shall ever be construed to create an association, trust,
partnership or joint venture or to impose a trust or partnership duty, obligation or liability
between the Parties. If Seller includes two or more parties, each such party shall be jointly and
severally liable for Seller's obligations under this Agreement.
SECTION17: CBOICEOFLAW
This Agreement shall be interpreted and enforced in accordance with the laws of the state of
Idaho, excluding any choice of law rules which may direct the application of the laws of another
jurisdiction.
SECTION 18: PARTIAL INVALIDITY
It is not the intention of the Parties to violate any laws governing the subject matter of this
Agreement. If any of the terms of the Agreement are finally held or determined to be invalid,
illegal or void as being contrary to any applicable law or public policy, all other terms of the
Agreement shall remain in effect If any terms are finally held or determined to be invalid,
illegal or void, the Parties shall enter into negotiations concerning the terms affected by such
decision for the purpose of achieving conformity with requirements of any applicable law and
the intent of the Parties to this Agreement
31
Exhibit A, Page 181 of 301
Case No. PAC-E-10--08
Rocky Mountain Power's Motion for Summary Judgment
DRAFT
SECTION 19: WAIVER
Any waiver at any time by either Party of its rights with respect to a default under this
Agreement or with respect to any other matters arising in connection with this Agreement must
be in writing, and such waiver shall not be deemed a waiver with respect to any subsequent
default or other matter.
SECTION 20: GOVERNMENTAL JURISDICTION AND AUTHORIZATIONS
PacifiCorp's compliance with the terms of this Agreement is conditioned on Seller's submission
to PacifiCorp prior to the Commercial Operation Date and Seller's maintenance thereafter of
copies of all local, state and federal licenses, permits and other approvals as then may be required
by law for the construction, operation and maintenance of the Facility.
SECTION 21: SUCCESSORS AND ASSIGNS
This Agreement and all of the terms and provisions hereof shall be binding upon and inure to the
benefit of the respective successors and assigns of the Parties hereto, except that no assignment
hereof by either Party shall become effective without the written consent of both Parties being
first obtained. Such consent shall not be unreasonably withheld. Notwithstanding the foregoing,
any entity with which PacifiCorp may consolidate, or into which it may merge, or to which it
may convey or transfer substantially all of its electric utility assets, shall automatically, without
further act, and without need of consent or approval by the Seller, succeed to all of Pacifi.Corp's
rights, obligations, and interests under this Agreement. This article shall not prevent a financing
entity with recorded or secured rights from exercising all rights and remedies available to it
under law or contract. PacifiCorp shall have the right to be notified by the financing entity that it
is exercising such rights or remedies.
SECTION 22: ENTIRE AGREEMENT
22.1 This Agreement supersedes all prior agreements, proposals, representations,
negotiations, discussions or letters, whether oral or in writing, regarding PacifiCorp's
purchase of Net Output from the Facility. No modification of this Agreement shall be
effective unless it is in writing and signed by both Parties.
22.2 By executing this Agreement, each Party releases the other from any claims,
known or unknown, that may have arisen prior to the Effective Date with respect to the
Facility and any predecessor facility proposed to have been constructed on the site of the
Facility.
SECTION 23: NOTICES
All notices except as otherwise provided in this Agreement shall be in writing, shall be
directed as follows and shall be considered delivered if delivered in person or when deposited
in the U.S. Mail, postage prepaid by certified or registered mail and return receipt requested.
32
ExhibitA, Page 182 of 301
Case No. PAC-E-10--08
Rocky Mountain Power's Motion for Summary Judgment
DRAFT
Notices PacifiCorp Seller
All Notices PacifiCorp
825 NE Multnomah Street Portland,
OR97232
Attn: Contract Administration,
Suite 600
Phone: (503) 813 - 5952
Facsimile: (503) 813 - 6291
I>uns:00-790-9013
Federal Tax ID Number: 93-0246090
All Invoices: Attn: Back Office, Suite 700
Phone: (503) 813 - 5578
Facsimile: (503) 813 -5580
Scheduling: Attn: Resource Planning, Suite 600
Phone: (503) 813 - 6090
Facsimile: [phone]
Payments: Attn: Back Office, Suite 700
Phone: (503) 813 - 5578
Facsimile: (503) 813 - 5580
Wire Transfer: Bank One N.A.
To be provided in separate letter from
PacifiCorp to Seller
Credit and Attn: Credit Manager, Suite 1900
Collections: Phone: (503) 813 - 5684
Facsimile: [phone]
With Additional Attn: PacifiCorp General Counsel
Notices of an Phone: [phone]
Event of Def a ult Facsimile: [phone]
or Potential
Event of Default
to:
The Parties may change the person to whom such notices are addressed, or their addresses, by providing written notices thereof in accordance with this Section.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
in their respective names as of the date first above written.
PacifiCorp
33
34
Exhib'it A, Page 183 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
DRAFf
Name: _
Exhibit A, Page 184 of 301
Case No. PAC-E-10-08
Rocky Mountain Powers Motion for Summary Judgment
DRAFT
EXHIBIT A
DESCRIPTION OF SELLER'S FACILITY
[Seller to Complete)
Seller's Facility consists of generator(s) manufactured by
-------· More specifically, each generator at the Facility is described as:
Type (synchronous or inductive):
Model:
Number of Phases:
Rated Output (kW):
Rated Voltage (line to line):
Rated Current (A): Stator: __ A; Rotor: __ A
Maximum kW Output: kW Maximum kVA Output: __ kVA
Minimum kW Output: kW
Manufacturer's Guaranteed Cut-in Wind Speed [if applicable]:
Facility Capacity Rating: kW at
Identify the maximum output of the generator(s) and describe any differences between that
output and the Nameplate Capacity Rating:
Station service requirements, and other loads served by the Facility, if any, are described
as follows:
Location of the Facility: The Facility is located in County, Idaho. The location
is more particularly described as follows:
[legal description of parcel]
Power factor requirements:
Rated Power Factor (PF) or reactive load (kV AR):
Attach documentation of the power curve for the generator(s).
A-1
Rated Output (kV A):
Exhibit A. Page 185 of 301
Case No. PAC-E-10--08
Rocky Mountain Power's Motion for Summary Judgment
DRAFT
EXHIBITB
POINT OF DELIVERY IP ARTIES' INTERCONNECTION FACILITIES
[Seller to provide its own diagram and description]
Instructions to Seller:
1. Include description of point of metering, and Point of Delivery
2. Provide interconnection single line drawing of Facility including any transmission
facilities on Seller's side of the Point of Delivery.
B-1
ExhibitA, Page 186 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
EXHIBITC
REQUIRED FACILITY DOCUMENTS
Qualifying Facility Number from FERC:
The following Documents are required to complete this project:
Easements:
Permits:
C-1
DRAFf
Exhibit A, Page 187 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
DRAFT
EXBIBITD
ENERGY DELIVERY SCHEDULE
(Project Name}
Scheduled Monthly
Enerzv Delivery Ave kW/mo
January
February
March
April
May
June '
July
AulZUSt
September
October
November
December
TOTAL:
Planned Outages. Seller will provide a Planned Outage schedule annually not to exceed_
hours per per year.
D-1
Exhibit A. Page 188 of 301
Case No. PAC.E-10-08
Rocky Mountain Power's Motion for Summary Judgment
DRAFf
EXHIBITE
START-UP TESTING
Required factory testing includes such checks and tests necessary to determine that the
equipment systems and subsystems have been properly manufactured and installed, function
properly, and are in a condition to permit safe and efficient start-up of the Facility, which may
include but are not limited to:
1. Test of mechanical and electrical equipment;
2. Calibration of all monitoring instruments;
3. Operating tests of all valves, operators, motor starters and motor;
4. Alarms, signals, and fail-safe or system shutdown control tests;
5. Point-to-point continuity tests;
6. Bench tests of protective devices; and
7. Tests required by manufacturcr(s) and designcr(s) of equipment.
Required start-up tests are those checks and tests necessary to determine that all features
and equipment. systems, and subsystems have been properly installed and adjusted. function
properly, and are capable of operating simultaneously in such condition that the Facility is
capable of continuous delivery into PacifiCorp's electrical system, which may include but are
not limited to:
1. Turbine/generator mechanical runs and functionality;
2. System operation tests;
3. Brake tests;
4. Energization of transformers;
5. Synchronizing tests (manual and auto);
6. Excitation and voltage regulation operation tests;
7. Auto stop/start sequence;
8. Completion of any state and federal environmental testing requirements; and
9. Tests required by manufacturcr(s) and designcr(s) of equipment.
For wind projects only, the following Wind Turbine Generator Installation Checklists are
required documents to be signed off by Manufacturer or Subcontract Category Commissioning
Personnel as part of the Commissioning and startup testing:
Turbine Installation
Foundation Inspection
Controller Assembly
Power Cables
Cable Installation Checklists including:
Tower Base Section
Tower Lights and Outlets
Tower Mid Section
Tower Top Section
Nacelle Rotor
E-1
Controller
Top Deck I Yaw Deck
Tower Top Section I Saddle
Mid Section Cables or buss bars
Base Section
Exhibit A, Page 189 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
DRAFf
EXHIBITF-1
MOTIVE FORCE PLAN
WIND SPEED DATA SUMMARIES & HOURLY WIND PROFILE
Fl- 1
Exhibit A, Page 190 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
DRAFf
EXHIBITF-2
ENGINEER'S CERTIFICATION
(1) THAT THE WIND DATA SUMMARIES 1N EXHIBIT F-1 ARE ACCURATE;
_____ [Licensed Professional Engineer's certification]
(2) THAT THE AVERAGE ANNUAL NET OUTPUT ESTIMATE IS KWH
PER YEAR 1N EACH FULL CALENDAR YEAR OF THIS AGREEMENT BASED ON TIIB MOTNE FORCE PLAN IN EXHIBIT F-1;
_____ __..Licensed Professional Engineer's certification]
(3) THAT THE FACILITY, UNDER AVERAGE DESIGN CONDITIONS, LIKELY WILL
GENERATE NO MORE THAN 10 aMW IN ANY CALENDAR MONTI!.
_____ __..[Licensed Professional Engineer's certification]
F2-1
Exhibit A, Page 191 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
DRAFT
EXHIBITG
SAMPLEENERGYPURCHASEPRJCECALCULATIONS
The following are samples of calculations of energy purchase prices using the formula and tables
in Section 5.1.
The calculation for the non-levelized purchase price during an On-Peak Hour in May of 2009
equals $76.73/MWh (the 2009 annual rate for Conforming Energy) multiplied by 92% (0.92)
(the May On-Peak Hour multiplier) minus $5.10/MWh (the wind integration cost), which equals
$65.49/MWh.
Table 3: Sample calculations for non-levelized On-Peak Conforming Energy in 2009: Purchase
Price= (annual rate* monthly On-Peak multiplier)-wind integration cost.
Conforming
· Energy Calculated Purchase
Annual Rate On-Peak Wind · Price for 2009 On-
for 2009 Hour Integration Peak Conforming
Month (perMWh) Multiplier Cost Energy (per MWh)
January $76.73 103% $5.10 $73.93
February $76.73 105% $5.10 $75.47
March $76.73 95% $5.10 $67.79
April $76.73 95% $5.10 $67.79
May $76.73 92% $5.10 $65.49
June $76.73 94% $5.10 $67.03
July $76.73 121% $5.10 $87.74
August $76.73 121% $5.10 $87.74
September $76.73 109% $5.10 $78.54
October $76.73 ll5% $5.10 $83.14
November $76.73 110% $5.10 $79.30
December $76.73 129% $5.10 $93.88
Table 4: Sample calculations for non-levelized Off-Peak Conforming Energy in 2009: Purchase
Price= (annual rate* monthly Off-Peak multiplier)-wind integration cost
Conforming
Energy Calculated Purchase
Annual Rate Off-Peak Wind Price for 2009 Off-
for 2009 Hour Integration Peak Conforming
Month (perMWh) Multiplier Cost Energy (per MWh)
January $76.73 94% $5.10 $67.03
February $76.73 97% $5.10 $69.33
March $76.73 80% $5.10 $56.28
April $76.73 76% $5.10 $53.21
G-1
Exhibit A, Page 192 of 301
Case No. PAC..E-10-08
Rocky Mountain Powel's Motion for Summary Judgment
DRAFT
Conforming
Energy Calculated Purchase
Annual Rate Off-Peak Wind Price for 2009 Off-
for2009 Hour Integration Peak Conforming Month (perMWh) Multiplier Cost Energy (per MWh)
May $76.73 63% $5.10 $43.24
June $76.73 65% $5.10 $44.77
July $76.73 92% $5.10 $65.49
August $76.73 106% $5.10 $76.23
September $7_6.73 99% $5.10 $70.86
October $76.73 105% $5.10 $75.47
November $76.73 96% $5.10 $68.56
December $76.73 120% $5.10 $86.98
G-2
Exhibit A, Page 193 of 301
Case No. PAC-E-10--08
Rocky Mountain Power's Motion for Summary Judgment
DRAFf
EXBIBITH
Seller Authorization to Release Generation Data to PacifiCorp
[Interconnection Customer Letterhead]
Transmission Services
Attn: Director, Transmission Services
825 NE Multnomah, Suite 1600
Portland, OR 97232
RE:------ Interconnection Request
Dear Sir:
------ hereby voluntarily authorizes PacifiCorp's Transmission business unit to
share 's generator interconnection information and generator meter data
relating to 's Qualifying Facility located in the town of ....,
______ County, with Marketing Affiliate employees of PacifiCorp
Energy, including, but not limited to those in the Commercial and Trading group.
------ acknowledges that PacifiCorp did not provide it any preferences, either
operational or rate-related, in exchange for this voluntary consent.
Name
Title
Date
H-1
Exhibit A, Page 194 of 301
Case No. PAC-E-10--08
Rocky Mountain Power's Motion for Summary Judgment
DRAFT
EXBIBITI
Template Seller Certification of Conditions for Commercial Operation
[Seller Letterhead]
[Address to PacifiCorp]
RE:------ Qualifying Faclllty
Dear Sir:
[Template for certification to be added.]
Name
Title
Date
I - 1
EXHIBIT A-16
May 12, 2009 email from James Carkulis.
Exhibit A, Page 195 of 301
Case No. PAC·E-10-08
Rocky Mountain Powets Motion for Summary Judgment
Case: PAC-E-10-08
Exhibit A to Rocky Mountain
Power's First Production
Request to XRG
Exhibit A, Page 196 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Soovnary Judgment
Exhibit A, Page 197 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 1 of2
Griswold, Bruce {Mkt Function}
From: James T. Carkulis [[e-mail]]
Sent: Tuesday, May 12, 2009 6:55 AM
To: Griswold, Bruce {Mkt Function}
Cc: Younie, John; 'Ken Kaufmann'
Subject: RE: contracts
Bruce:
Thank you. We shall commence reviewing.
But, also as identified, transmission access is an issue which is not part and parcel of PURPA contract requests
and XRG is convinced that issue can be dealt with outside of the requests for contracts. Therefore, XRG would
appreciate the tendering of the balance of our submissions. We have third party experts who have a high level of
confidence there is sufficient access currently or in the very near future.
Again, thanks and we shall be getting back to you shortly.
James
Confidential & Proprietary . . Successfully M&rgir,g Frt1a Marlee/ Principles with Societal ExpecJat/ons Exergy Development Group, UC !Pl 208.336.9793
ll) 208.336.9431 [ml 406.459.3013 [el roUf@io-tcb com
This electronic or printed document contains information which (a) may be LEGALLY PRMLEGED, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and {b) ls intended only for the use or the Addressee(s) named above. Jr the reader or this message is
not the intended recipient. or the employee or agent responsible to deliver It to the intended recipient. you are hefeby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please Immediately notify us by
telephone., and return the original message to us at the above address via first dass, express mall. Thank you
From: Griswold, Bruce {Mkt Function} [mailto:[e-mail]] Sent: Monday, May 11, 2009 5:26 PM
To: James T. carkulis
Cc: Younie, John; Ken Kaufmann
Subject: RE: contracts
James
Please find the attached draft Idaho standard QF PPA to be used for a wind project It should include all
the recent Idaho commission orders. It does not include Addendum W which is the bolt-on addendum
for an off-system project delivering to PacifiCorp. I will send that separately. Per our last
communication (attached), we indicated PacifiCorp does not have sufficient transmission at Borah or
Brady to accept any project greater than 23MW and you selected one project, XRG-DP 10, that would
be developed into a PPA. Please provide a redline to this document with your proposed changes for
discussion. If you or your team, have questions on the PPA, please call.
Bruce Griswold
PacifiCorp C&T
503-813-5218 Office
Exhibit A, Page 198 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 2 of2
503- 702-144 5 Cell
503-813-6260 Fax
From: James T. Carkulls [mailto:[e-mail]]
Sent: Monday, May 11, 2009 5:35 AM
To: Griswold, Bruce {Mkt Ftmctlon} subject: contracts
Bruce:
In January, PacifiCorp agreed the strategy with XRG was to have all 6 contract requests before the IPUC by the
end of April. To date, not one draft has been tendered by PacifiCorp. We realize these are exciting times and all are very busy, but all the Aurora work should have been accomplished on JR1 and Jack Ranch by now, the 4 drafts on XRG-OP 7 thru 10 should be In our hands for review.
We would appreciate if we could receive these contracts for review and comment to move to execution.
Thank you.
Regards,
James T. Carkulis
Confldentlal & Proprietary SucxessM/'t Mel'fling Ff811 Marlrlll Prltlciplos with Societal &pectllllons Exergy Development Group, U.C !Pl 208.3313.9793 (lJ 208.336.9431 !ml 406.459.3013 [eJ rnUl@lo·Jcb eom
This eledronlc °' printed document contains infonnatlon which (a) may be LEGALLY PRMLfGED, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) Is intended only for the use of the Addressee{a) named above. If the reader of this message Is
not the Intended recipient, or the employee °' agent responsible to deliver it to Ille Intended recipient, you are hereby notified that any dissemination, dlsttibutlon or copying of this 001M1Unlcation Is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone, and return the original message to us at the above address Illa first class, express mall. Thank you
EXHIBIT A-17
July 6, 2009 email from James Carkulis.
Exhibit A, Page 199 of 301
Case No. PAC.E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Case: PAC-E-10-08
Exhibit A to Rocky Mountain
Power's First Production
Request to XRG
Exhibit A, Page 200 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Exhibit A, Page 201 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 1 of2
Griswold, Bruce {Mkt Function}
From: James T. Carkulis [[e-mail]]
Sent: Monday, July 06, 2009 10:35 AM
To: Griswold, Bruce {Mkt Function}
Cc: Younie, John; 'Ken Kaufmann'
Subject: RE: contracts
Bruce:
It has been a bit hectic moving to financial close on the 228 MW for 2009. Please accept our apologies on not
getting back to you sooner.
We shall provide a redline to this contract and the other 3 identical contracts proposed for XRG -DP 7, 8, 9, and
10. We are also wondering if you have completed the Aurora modeling under your current IRP on the two 78
MW projects known as Jack Ranch and JR 1? The turbine opportunity which XRG can avail
itself for 2009 is also carrying us into 2010. We wish to install all projects under the PacifiCorp relatlonshlp in
2010.
Thank you.
Regards,
James T. Carkulis
Confidential & Proprietary Successfully Merging Free Marlcet Principles with Societal Expectalfons Exergy Development Group, LLC
[p) 208.336.9793 !fl 208.336.9431 [m) 406.459.3013 [el [e-mail]
This electronic Of printed document contains infonnatlon which (a) may be LEGALLY PRIVILEGED, PROPRIETARY IN NA TIJRE, OR OTHERWISE
PROTECTED BY LAW FROM DISCLOSURE, and (b) Is Intended only for the use of the Addressee(s) named above. If the reader of this message Is not the intended recipient, Of the employee or agent responsible to detiver it lo the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication ls strictly prohlbi1ed. If you have received this communication in error, please immediately notify us by telephone, and return the original message to us at the above address via first class, express mail. Thank you
From: Griswold, Bruce {Mkt Function} [mailto:[e-mail]]
Sent: Monday, May 11, 2009 5:26 PM
To: James T. Carkults
Cc: Younie, John; Ken Kaufmann
Subject: RE: contracts
James
Please find the attached draft Idaho standard QF PPA to be used for a wind project. It should include all
the recent Idaho commission orders. It does not include Addendum W which is the bolt-on addendum
for an off-system project delivering to PacifiCorp. I will send that separately. Per our last
communication (attached), we indicated PacifiCorp does not have sufficient transmission at Borah or
Brady to accept any project greater than 23MW and you selected one project, XRG-DP 10, that would
Exhibit A, Page 202 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 2 of2
be developed into a PP A. Please provide a redline to this document with your proposed changes for
discussion. If you or your team, have questions on the PP A, please call.
Bruce Griswold
PacifiCorp C&T
503-813-5218 Office
503-702-1445 Cell
503-813-6260 Fax
From: James T. CarkuHs [mailto:mtll@ln-tx:h.a>m] Sent: Monday, May 11, 2009 5:35 AM
To: Griswold, Bruce {Mkt Function} Subject: contracts
Bruce:
In January, PacifiCorp agreed the strategy with XRG was to have all 6 contract requests before the IPUC by the
end of April. To date, not one draft has been tendered by PacifiCorp. We realize these are exciting times and all
are very busy, but all the Aurora work should have been accomplished on JR1 and Jack Ranch,by now, the 4 drafts on XRG-DP 7 thru 10 should be In our hands for review.
We would _appreciate If we could receive these contracts for review and comment to move to execution.
Thank you.
Regards,
James T. Carkulis Confidential & Proprietary Successfully Merging Free Marl<et Princip/r,s with Socifltel Expectations Eicergy Development Group, LLC [p] 208.336.9793 (I) 208.336.9431
[m) 406.459.3013 [el [e-mail]
This electronic or printed document contains information which (a) may be LEGALLY PRIVILEGED, PROPRIETARY IN NATURE, OR OTHERWISE
PROTECTED BY LAW FROM DISCLOSURE, and (b) ls intended only for the use of tho Addlessee(s) named above. If the reader of this message is not lhe intended recipient, or the employee or agent responsible lo delver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of lhls communication Is strictly prohibited. If you have received this communication in error, please Immediately notify us by telephone, and return the original message to us at the above address via first das$, express mail. Thank you
EXHIBIT A-18
September 18, 2009 email from James Carkulis.
Exhibit A, Page 203 of 301
Case No. PAC-E-10-08
Rocky Mountain Powers Motion for Summary Judgment
Case: PAC-E-10-08
Exhibit A to Rocky Mountain
Power's First Production
Request to XRG
Exhibit A, Page 204 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Exhibit A, Page 205 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 1 of 1
Griswold, Bruce {Mkt Function}
From:
Sent:
James T. Carkulis [[e-mail]]
Friday, September 18, 2009 5:55 AM
To: Griswold, Bruce {Mkt Function}; 'Lawrence R. Leib'
Subject: QF Projects
Bruce:
In January of 2009, we initiated contact with Rocky Mountain Power and with your affirmation to proceed on 4 -
20 MW contracts under the published rate and 2 - 78 MW contracts under the Aurora methodology. We have
received but one of the 20 MW contract drafts to date. Exergy has waited patiently and has repeatedly sent
notices to you on providing the balance of the draft contracts for our perusal and modifications.
To this date we have received only the one contract for standard published rates for 20 MW. Your stated reason
was there was insufficient transmission capacity along the route you propose. While we can appreciate the
supply side of PacifiCorp investigating on its own where they wish the energy from these contracts to deliver,
whether the supply side of PacifiCorp determines capacity is not a function of whether the contracts which were
promised to us in the first quarter of 2009 were to be let. Exergy asked for contracts and Rocky Mountain Power
agreed they would be forthcoming.
We would appreciate in the next 10 days the balance of 5 contracts per the above.
Then we shall proceed in modifying and negotiating the terms and conditions of all 6 power agreements.
Thank you.
Regards,
James T. Carkulis
Confldentlal & Proprietary Successfully Merging Free Merket Principles with Societal Expectations
Exergy Development Group, LLC
[p) 208.336.9793 (I) 208.336.9431 [ml 406.459.3013 [eJ mlli@inicl).com
This elec1ronlc or printed document contains information which (a) may be LEGALLY PRIVILEGED, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) is intended only for the use of the Addressee(s) named above. If the reader of this message is
not the intended recipient, or the employee or agent responsible to deliver It to the Intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictty prohibited. If you have received this communication in error, please Immediately notify us by
telephone, and retum the original message to us at the above address via first class, express mail. Thank you
Exhibit A, Page 206 of 301
Case No. PAC-E-10-08
Rocky Mountain Powets Motion for Summary Judgment
Exhibit A. Page 207 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Case: PAC-E-10-08
Exhibit A to Rocky Mountain
Power's First Production
Request to XRG
EXHIBIT A-19
October 2, 2009 email with attachments including draft power purchase agreement
from Bruce Griswold.
Exhibit A, Page 208 of 301
Case No. PAC-E-10-08
Rocky Mountain Powe(s Motion for Summary Judgment
Exhibit A, Page 209 of 301
Case No. PAC-E-10-08
Roclcy Mountain Power's Motion for Summary Judgment
Griswold, Bruce {Mkt Function}
From:
Sent:
To: Subject:
Importance:
Attachments:
Griswold, Bruce {Mkt Function} Friday, October 02, 2009 4:02 PM
James T. Carkulis
FW: Exergy OF PPA requests
High
PURPA Contract Request - XRG-OP1 O.pdf; 010ct09 draft Idaho MAG Off-System PPA CLEAN.doc
Dear James: ·
I have been in receipt of your September 18 email, in which you voiced your frustration at receiving only one of
six power purchase agreements (PP As) you requested from PacifiCorp for six planned wind projects you are
developing. located outside of PacifiCorp's service territory and delivered to our system at Brady substation. I
apologize for the delayed response but in order to adequately address your concerns, I talked through the
transmission situation again with our transmission traders at PacifiCorp merchant and also discussed our
PURP A obligations with legal counsel.
As I explained previously, the point of delivery you propose (Brady substation) are remote sites that
interconnect with PacifiCorp's system where the Company's ability to assimilate delivered power and move it
elsewhere on our system is very limited. As I mentioned, PacifiCorp estimates that the available transmission
capacity in its current configuration at Brady can only accept approximately 20 to 25 MW .of new generation on
a firm basis. In order to accommodate your request to deliver the full 235 MW, PacifiCorp merchant must
request network upgrades from PacifiCorp Transmission, and we understand that such upgrades likely would
take four to five years to complete.
In addition to the physical obstacles to accommodating your request, PacifrCorp believes that it has the right to
specify a point of delivery onto its system that is reasonable in terms of its needs, and PacifiCorp reserves that
right. See Water Power Co., Inc. v. PacifiCorp, 99 Or App 125, 781 P2d 860 (1989). If you think PacifiCorp's position is wrong, please explain your position, and the basis therefore.
If PacifiCorp does have an obligation to accept output at Borah and Brady, PacifiCorp will expect you to pay for
all resulting interconnection costs including network upgrades ( either through an adjustment to avoided costs or
through payment to PacifiCorp Transmission) such that the ultimate cost to PacifiCorp's customers is not greater
than the cost avoided by PacifiCorp not constructing or purchasing an equivalent resource located on a non­
constrained portion of its system. See 18 C.F.R §§ 292.101(b)(7)), 292.306(a). Again, if you disagree with this
principle I urge you to explain your position and basis therefore.
Your six proposed projects would wheel wind energy to a PacifiCorp point of receipt from which we have very
limited available transmission capacity to move the power to our network load. These projects from both large
and small qualifying facilities, raise several legal and technical questions for which PacifiCorp currently is
seeking answers. PacifiCorp has indicated it can accept a single standard Idaho QF project at Brady and
provided a draft PP A on May 11, 2009 that incorporated all Idaho orders through that date. You have indicated
that you would pursue project XRG-DP-10, LLC for this PP A. I have attached the project specs to ensure that is
still the case. I have also attached our updated draft PP A with the off-system addendum to reflect scheduled
deliveries versus as generated deliveries. Please provide comments on this draft for your XRG-DP-10, LLC
project including any updated project information. We have not provided draft PP As for the remaining five
projects since it will require substantial time and effort and, given the challenges identified above, PacifiCorp
does not want to undertake this effort if your projects have fatal flaws such as the available transmission issue
identified. It was my understanding from our previous communications that you were agreeable to move
1
Exhibit A, Page 210 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
forward on a single project and investigate alternatives, if any, for the other five; however your September 18
email could be interpreted as a demand for a draft PP A pursuant to PURP A.
I would be happy to meet with you and your team at a mutually convenient time to discuss your remaining five
projects and determine a plan for addressing each of those in a timely manner should it be determined that you can deliver to an alternate point of delivery where PacifiCorp can receive and deliver the power to its network m �
PIJRPA Contract 010cl09 draft:
firm . . . . Request - XRG-0 ••• Idaho MAG Off-Sy... . load on a basis or overcome the transmission capaci constraint at Brady. Let
know if you would like to schedule a conference call or meeting. Thanks.
Regards,
Bruce Griswold
Bruce Griswold
PacifiCorp C&T
503-813-5218 Office
503-702-1445 Cell
503-813-6260 Fax
2
Exhibit A, Page 211 of 301
Case No. PAC-E-1()..()8
Rodcy Mountain Powe(s Motion for Summary Judgment
j /(78-,. ) -1. �1
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M'C'CH!A]J,J1)$,@,Nr ._E)l]l.J8:AR,Y, ,u.c
ATTOltHl!YS AT LAY
Peter Richardson
Tel: 20•·938·i90l Fu: 208-938-7904
pccc ••rich.a rd10 aa11dol ta ry. com
l'.O. 8017218 801�.10 13707 • SIS N. l7c.k s,. Bou,, ID S3702
January 21, 2009
Bruce Griswold
John Younie
825 NW Multnomah
Portland, Oregon 97232
Via overnight delivery
Re: PURP A Contract for XRG-DP-10, LLC
Dear Bruce and John:
I visited with you via e-mail communications a while back regarding a PURPA
agreement for the above reference company. Please consider this to be a follow up
request for an Idaho jurisdictional standard twenty year QF agreement with non-levelized
rates. The project will be less than 30 average monthly MW and should therefore qualify
for the Idaho PUC's published rates.
The first operation date is December 31, 201 0.
The project is located in Cassia County, Idaho. Estimated production data and a location
map is attached for your review. Also attached is a copy of the FERC Notice of Self
Certification for this project, which together with the map and production data should be
sufficient for you to provide my client with a power purchase agreement. Because the
project will be interconnect with BPA facilities and deliver to your Brady Substation in
Southern Idaho, there is no need for us to engage Rocky Mountain Power for an
interconnection agreement.
Thank you for your prompt response and please give me a call if you have any questions .
. � P e Richardson
ttomey for XRG-DP-10, LLC
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Exhibit A. Page 213 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
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Exhibit A, Page 214 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Sunvna,y Judgment
Form Approved
OMB Control No. 1902-0075 Expires 7/3 l/l009
FERC Form No. 556
18 C.F.R. § 131.80
CERTIFICATION OF QUALIFYING FACILITY STATUS FORAN EXISTING OR A
PROPOSED SMALL POWER PRODUCTION OR COGENERATION FACILITY
INFORMATION ABOUT COMPLIANCE
Compliance with the information collection requirements established by the FERC Form No. 556 is required to obtain and maintain status as a qualifying facility. See 18 C.F .R. § 131.80 and Part 292.
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of
infonnation unless it displays a currently valid OMB control number.
SUBMITTING COMMENTS ON PUBLIC REPORTING BURDEN
The estimated burden for completing FERC Form No. 556, including gathering and reporting information, is 4 hours for self-certifications and 38 hours for applications for Commission
certification. Send comments regarding this burden estimate or any aspect of this collection of
information, including suggestions for reducing this burden, to the following: Michael Miller, Office
of the Executive Director (ED-34), Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426; and Desk Officer for FERC, Office of Information and Regulatory Affairs,
Office of Management and Budget, Washington, DC 20503 ([e-mail]). Include the Control No. 1902-0075 in any correspondence.
GENERAL INSTRUCTIONS
Complete this form by replacing bold text below with responses to each item, as required.
PART A: GENERAL INFORMATION TO BE SUBMITTED BY ALL APPLICANTS
la. Full name of applicant: [Note: Applicant is the legal entity submitting this form, not the
individual employee making the filing. Generally, the Applicant will be a company, corporation or
organization, unless the facility is owned directly by an individual or individuals.]
XRG·DP10, LLC
Primary Activity: Independent Power Producer, renewable electrical
generation
Docket Number assigned to the immediately preceding submittal filed with the
Commission in connection with the instant facility, if any:
none
Purpose of instant filing (self-certification or self-recertification [ 18 C.F .R. .§ 292.207(aXI )], or application for Commission certification or recertification [18 C.F.R.
§§ 292.207(b) and (d)(2)]):
FERC Form No. SS6 XRG·DPIO, LLC
Self-certification
1 b. Full address of applicant:
1424 Dodge Ave.
Helena, MT 59601
2/2312007
Exhibit A, Page 215 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 2 of6
1 c. Indicate the owner(s) of the facility (including the percentage of ownership held by
any electric utility or electric utility holding company, or by any persons owned by
either) and the operator of the facility. Additionally, state whether or not any of the non­
electric utility owners or their upstream owners are engaged in the generation or sale of
electric power, or have any ownership or operating interest in any electric facilities other
than qualifying facilities. In order to facilitate review of the application, the applicant may also provide an ownership chart identifying the upstream ownership of the facility.
Such chart should indicate ownership percentages where appropriate.
Exergy Development Group- Idaho, LLC
Exergy Development Group - Idaho, LLC Is solely owned by Exergy
Development Group, LLC, a Montana limited liability company.
Exergy Development Group, LLC is not comprised of any ownership by a
public or private utility.
1 d. Signature of authorized individual evidencing accuracy and authenticity of
information provided by applicant: [Note:·A signature on a filing shall constitute a certificate that
(I) the signer has read the filing and knows its contents; (2) the contents are true as stated, to the best
knowledge and belief of the signer; and (3) the signer possesses full power and authority to sign the filing. A person submitting a self-certification electronically via eFiling may use typed characters representing their name to show that the person has signed the document. See 18 C.F.R. § 385.2005.J
2. Person to whom communications regarding the filed information may be addressed:
Name: J. Lars Dorr
Title: Lead Project Engineer, Exergy Technology Concepts, LLC
Telephone number: 208.429.1499
Mailing address: 802 W. Bannock, Ste 1200
Exhibit A, Page 216 of 301
Case No. PAC-E-10-08
Rocky Mountain Powe(s Motion for Summary Judgment
FERC Fonn No. SS6 XRG·DPlO, LLC
Boise, ID 83702
'2/2312007 Pago 3 0(6
3a. Location of facility to be certified:
State: Idaho
County: Cassia
City or town: Malta
Street address (if known): NIA
3b. Indicate the electric utilities that are contemplated to transact with the qualifying
facility (if known) and describe the services those electric utilities are expected to
provide:
Paciflcorp DBA, Rocky Mountain Power
Indicate utilities interconnecting with the facility and/or providing wheeling service [18
C.F.R §§ 292.303(c) and (d)]:
Bonneville Power Administration
Indicate utilities purchasing the useful electric power output [18 C.F.R. §§ 292.101(b)(2),
292.202(g) and 292.303(a)J:
Paciflcorp DBA, Rocky Mountain Power
Indicate utilities providing supplementary power, backup power, maintenance power, and/or interruptible power service (18 C.F.R. §§ 292.10l(b)(3), (b)(8), 292.303(b) and
292.305(b)]:
Bonneville Power Administration
4a. Describe the principal components of the facility including boilers, prime movers and
electric generators, and explain their operation. Include transmission lines, transformers
and switchyard equipment, if included as part of the facility.
De Wind D8.2, 2.0MW Wind Turbine Generator
Number of units - 5
4b. Indicate the maximum gross and maximum 'net electric power production capacity of
r
FERC Form No. SS6
XRO·DPIO, LLC
W.3!2001
Exhibit A. Page 217 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 4 of6
the facility at the point(s) of delivery and show the derivation. (Note: Maximum gross output
is the maximum amount of power that the facility is able to produce, measured at the terminals of the
generator(s). Maximum net output is maximum gross output minus (I) any auxiliary load for devices that
are necessary and integral to the power production process (fans, pumps, etc.), and (2) any losses incurred
from the generator(s) to the point of delivery. If any electric power is consumed at the location of the QF
(or thermal host) for purposes llQ1 related to the power production process, such power should not be
subtracted from gross output for purposes of reporting maximum net output here.)
Gross output: 10 MW
Net output: 9 MW
Derivation (assumptions about losses, auxiliary load or lack thereof, and calculation of
gross and net output):
10.0o/o losses including, but not limited to, line losses, icing, availability,
waking, turbulence/control, etc.
4c. Indicate the actual or expected installation and operation dates of the facility, or the
actual or expected date of completion of the reported modification to the facility:
June 2008
4d. Describe the primary energy input (e.g., hydro, coal, oil [18 C.F.R. § 292.202(1)],
natural gas [18 C.F.R. § 292.202(k)], solar, geothermal, wind, waste, biomass [18 C.F.R.
§ 292.202(a)], or other). For a waste energy input that does not fall within one of the
categories on the Commission's list of previously approved wastes, demonstrate that such
energy input has little or no current commercial value and that it ·exists in the absence of
the qualifying facility industry [18 C.F.R § 292.202(b)].
100% Wind energy input
5. Provide the average annual hourly energy input in terms of Btu for the following fossil
fuel energy inputs, and provide the related percentage of the total average annual hourly
energy input to the facility [18 C.F.R § 292.2020)]. For any oil or natural gas fuel, use
lower heating value [18 C.F.R § 292.202(m)]:
Natural gas: None
Oil: None
Coal (applicable only to a small power production facility): None
Exhibit A, Page 218 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Mot.ion for Summary Judgment
fERC Form No. SS6 XRG·DPIO, LLC 2/2312007 Pagdof6
6. Discuss any particular characteristic of the facility which the cogenerator or small
power producer believes might bear on its qualifying status.
None
PART B: DESCRIPTION OF THE SMALL PQWER PRODUCTION FACILITY
Items 7 and 8 only need to be answered by applicants seeking certification as a small power production facility. Applicants for certification as a cogeneration facility may delete Items 7 and 8
from their application, or enter "NIA" at both items. ·
7. Describe how fossil fuel use will not exceed 25 percent of the total annual energy input
limit [18 C.F.R §§ 292.202(j) and 292.204(b)]. Also, describe how the use of fossil fuel
will be limited to the following purposes to conform to Federal Power Act section
3(17XB): ignition, start-up, testing, flame stabilization, control use, and minimal amounts
of fuel required to alleviate or prevent unanticipated equipment outages and emergencies directly affecting the public.
NIA
8. If the facility reported herein is not an eligible solar, wind, waste or geothermal
facility, and if any other non-eligible facility located within one mile of the instant
facility is owned by any of the entities (or their affiliates) reported in Part A at item le
above and uses the same primary energy input, provide the following information about
the other facility for the purpose of demonstrating that the total of the power production
capacities of these facilities does not exceed 80 MW [18 C.F.R § 292.204(a)]: [See
definition of an "eligible facility" below. Note that an "eligible facility" is a specific type of small power
production facility that is eligible for special treatment under the Wind, Waste and Geothermal Power
Production Incentives Act of 1990, as subsequently amended in 1991, and should not be confused with
facilities that are generally eligible for QF status.]
Facility name, if any (as reported to the Commission):
NIA
Commission Docket Number:
NIA
Name of common owner:
NIA
FERC Fonn No. SS6 XRG,DPIO, LLC 2123/2007
Exhibit A, Page 219 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's MoUon for Summary Judgment
Page 6 of6
Common primary energy source used as energy input:
N/A
Power production capacity (MW):
N/A
An eligible solar, wind, waste or geothermal facility, as defined in Section 3(17)(E) of the
Federal Power Act, is a small power production facility that produces electric energy
solely by the use, as a primary energy input, of solar, wind, waste or geothermal
resources, for which either an application for Commission certification of qualifying
status (18 C.F.R § 292.207(b)) or a notice of self-certification of qualifying status (18
C.F:R § 292.207(a)] was submitted to the Commission not later than December 31, 1994,
and for which construction of such facility commences not later than December 31, 1999,
or if not, reasonable diligence is exercised toward the completion of such facility, taking
into account all factors relevant to construction of the facility.
PART C: DESCRIPTION OF THE COGENERATION FACILITY
Items 9 through 15 only need to be answered by applicants seeking certification as a cogeneration facility. Applicants for certification as a small power production facility may delete Items 9 through
15 from their application, or enter "NIA" at each item.
DELETED
Exhibit A, Page 220 of 301
Case No. PAC-E-10..QS
Rocky Mountain Power's Motion for Summary Judgment
DRAFT
THIS WORKING DRAFT DOES NOT CONSTITUTE A BINDING OFFER, SHALL NOT FORM THE
BASIS FOR AN AGREEMENT BY ESTOPPEL OR OTHERWISE, AND IS CONDITIONED UPON EACH
PARTY'S RECEIPT OF ALL REQUIRED MANAGEMENT APPROVALS (INCLUDING FINAL CREDIT
AND LEGAL APPROVAL) AND ALL REGULATORY APPROVALS. ANY ACTIONS TAKEN BY A
PARTY IN RELIANCE ON THE TERMS SET FORTH IN THIS WORKING DRAFT OR ON STATEMENTS
MADE DURING NEGOTIATIONS PURSUANT TO THIS WORKING DRAFT SHALL BE AT THAT
PARTY'S OWN RISK. UNTIL THIS AGREEMENT IS NEGOTIATED, APPROVED BY MANAGEMENT,
SIGNED, DELIVERED AND APPROVED BY ALL REQUIRED REGULATORY BODIES, NO PARTY
SHALL BA VE ANY OTHER LEGAL OBLIGATIONS, EXPRESSED OR IMPLIED, OR ARISING IN ANY
OTHER MANNER UNDER THIS WORKING DRAFT OR IN THE COURSE OF NEGOTIATIONS.
POWER PURCHASE AGREEMENT
BETWEEN
[a non-fueled, wind-powered resource with Mechanical Availability Guarantee, Idaho
Qualifying Facility interconnected to non-PacifiCorp system in _[ST A TE] delivering
power to PacifrCorp in Idaho -1 OaMW /Month or less] -
AND
PACIFICORP
Section 1 : Definitions 2
Section 2: Term, Commercial Operation Date 9
Section 3: Representations and Warranties 10
Section 4: Delivery of Power; Availability Guaranty 12
Section 5: Purchase Prices 14
Section 6: Operation and Control 16
Section 7: Motive Force 19
Section 8: Generation Forecasting Costs 19
Section 9: Metering; Reports and Records 20
Section 10: Billings, Computations and Payments 21
Section 11 : Security 22
Section 12: Defaults and Remedies 23
Section 13: Indemnification 25
Section 14: Liability and Insurance 26
Section 15: Force Majeure 28
Section 16: Several Obligations 29
Section 17: Choice of Law 29
Section 18: Partial Invalidity 29
Section 19: Waiver 29
Section 20: Governmental Jurisdiction and Authorizations 30
Section 21: Successors and Assigns 30
Section 22: Entire Agreement 30
Section 23: Notices 30
Exhibit A, Page 221 of 301
Case No. PAC-E-10-08
Rocky Mountain Powets Motion for Summary Judgment
DRAFT
POWER PURCHASE AGREEMENT
THIS POWER PURCHASE AGREEMENT, entered into this day of 20_,
is between [Seller's name], an [Seller's
state of incorporation] [corporation, partnership, or limited liability company]
(the "Seller") and PaciflCorp, an Oregon corporation acting in its merchant function capacity
("PacifiCorp"). Seller and PacifiCorp are referred to collectively as the "Parties" and
individually as a "Party".
RECITALS
Seller intends to construct, own, operate and maintain a --------­
--------------- [state type of facility] facility for the generation of
electric power located in [City, County, State] with an
expected Facility Capacity Rating of -kilowatts (kW) ("Facility").
B. Seller intends to operate the Facility as a Qualifying Facility; as such term is
defined in Section 1.52 below.
C. Seller estimates that the average annual Net Output to be delivered by the Facility
to PacifiCorp is kilowatt-hours (kWh) ("Average Annual Net Output") pursuant
to the monthly Energy Delivery Schedule in Exhibit D hereto, which amount of energy
PacifiCorp will include in its resource planning.
D. Seller intends to sell and PacifiCorp intends to purchase all the Net Output from
the Facility in accordance with the terms and conditions of this Agreement.
E. PacifiCorp intends to designate Seller's Facility as a Network Resource for the
purposes of serving Network Load.
E. Seller intends to transmit Net Output to PacifiCorp via transmission facilities
operated by a third party(ies), and PacifiCorp intends to accept scheduled firm delivery of
Seller's Net Output, under the terms of this Agreement, including the Generation Scheduling
Addendum attached as Addendum W and incorporated contemporaneously herewith.
F. This Agreement is a ''New QF Contract" under the PacifiCorp Inter-Jurisdictional
Cost Allocation Revised Protocol and, as such, the costs of QF energy under this Agreement
shall be allocated as a system resource unless any portion of those costs exceeds the cost
PacifiCorp would have otherwise incurred acquiring comparable resources. In that event, the
Revised Protocol assigns those excess costs on a situs basis to the state in which the Facility is
located. In addition, for the purposes of inter-jurisdictional cost allocation, PacifiCorp represents
that the costs of this Agreement do not exceed the costs PacifiCorp would have otherwise
incurred acquiring resources in the market that are defined as "Comparable Resources" in
Appendix A to the Inter-Jurisdictional Cost Allocation Revised Protocol. For the purposes of
inter-Jurisdictional cost allocation, PacifiCorp represents that the costs and revenues from the
energy and capacity sold to Seller by PacifiCorp will be assigned on a situs basis to the state to
which Net Output from the Facility is delivered.
G. Seller has authorized Interconnected Utility to release generation data to
PacifiCorp. The authorization is attached as Exhibit H.
1
A.
Exhibit A. Page 222 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
DRAFT
NOW, THEREFORE, the Parties mutually agree as follows:
SECTION t; DEPINITIQNS
When used in this Agreement, the following terms shall have the following meanings:
1.1 "As-built Supplement'' shall be a supplement to Exhibit A, provided by Seller
following completion of construction of the Facility, accurately describing the completed Facility.
1.2 "Availability" means, for any Billing Period, the ratio, expressed as a percentage,
of (x) the aggregate sum of the turbine-minutes in which each of the Wind Turbines at the
Facility was available to generate at the Maximum Facility Delivery Rate during the Billing Period over (y) the product of the number of Wind Turbines that comprise the Facility Capacity
Rating as of Commercial Operation multiplied by the number of minutes in such Billing Period.
A Wind Turbine shall be deemed not available to operate during minutes in which it is (a) in an
emergency, stop, service mode or pause state; (b) in "run" status and faulted; or (c) otherwise not
operational or capable of delivering at the Maximum Facility Delivery Rate to the Point of
Interconnection; unless if unavailable due solely to (i) a default by PacifiCorp; (ii) a curtailment
in accordance with Section 6.2.l(b) or (d); or (iii) insufficient wind (including the normal
amount of time required by the generating equipment to resume operations following a period when wind speed is below the Cut-In Wind Speed).
1.3 "Billing Period" means the time period between PacifiCorp's reading of its power
purchase meter at the Facility and for this Agreement shall coincide with calendar months.
1.4 "Commercial Operation" means that not less than the 90% of the expected
Facility Capacity Rating is fully operational and reliable and the Facility is fully interconnected,
fully integrated, and synchronized with the Interconnected Utility's electric system, all of which
shall be Seller's responsibility to receive or obtain, and which occurs when all of the following
events (i) have occurred, and (ii) remain simultaneously true and accurate as of the date and
moment on which Seller gives PacifiCorp notice that Commercial Operation has occurred:
1.4.1 PacifiCorp has received a certificate addressed to PacifiCorp from a
Licensed Professional Engineer (a) stating the Facility Capacity Rating of the Facility at
the anticipated time of Commercial Operation and (b) stating that the Facility is able to
generate electric power reliably in amounts required by this Agreement and in accordance
with all other terms and conditions of this Agreement.
1.4.2 Start-Up Testing of the Facility has been completed in accordance with Exhibit E.
1.4.3 PacifiCorp has received an executed copy of Seller's Generation
Interconnection Agreement and Transmission Agreement(s).
2
Exhibit A, Page 223 of 301
Case No. PAC-E-10-08
Rocky Mountain Powe(s Motion for Summary Judgment
DRAFT
1.4.4 PacifiCorp has received a certificate addressed to PacifiCorp from a
Licensed Professional Engineer, an attorney in good standing in Idaho or _(State], or a
letter from the Interconnected Utility, stating that, in accordance with the Generation
Interconnection Agreement, all required interconnection facilities have been constructed,
all required interconnection tests have been completed and the Facility is physically
interconnected with the Interconnected Utility's electric system in conformance with the
Generation Interconnection Agreement and able to deliver energy consistent with the
terms of this Agreement, and the Facility is fully integrated and synchronized with the the
Interconnected Utility's electric system.
1.4.5 PacifiCorp has received a certificate addressed to PacifiCorp from a
Licensed Professional Engineer, or an attorney in good standing in [State), stating
that Seller has obtained all Required Facility Documents and, if requested by PacifiCorp
in writing, that Seller has provided copies of any or all such requested Required Facility
Documents.
1.4.6 Seller has complied with the security requirements of Section 11.
Seller shall provide written notice to PacifiCorp stating when Seller believes that the Facility has
achieved Commercial Operation and its Facility Capacity Rating accompanied by the certificates
described above. PacifiCorp shall have ten days after receipt either to confirm to Seller that all
of the conditions to Commercial Operation have been satisfied or have occurred, or to state with
specificity what PacifiCorp reasonably believes has not been satisfied. If, within such ten day
period, PacifiCorp does not respond or notifies Seller confirming that the Facility has achieved
Commercial Operation, the original date of receipt of Seller's notice shall be the Commercial
Operation Date. If PacifiCorp notifies Seller within such ten day period that PacifiCorp believes
the Facility has not achieved Commercial Operation, Seller must address the concerns stated in
PacifiCorp's notice to the mutual satisfaction of both Parties, and Commercial Operation shall
occur on the date of such satisfaction, as specified in a notice from PacifiCorp to Seller. If
Commercial Operation is achieved at less than one hundred percent (100%) of the expected
Facility Capacity Rating, Seller shall provide PacifiCorp an expected date for achieving the
expected Facility Capacity Rating, and the Facility Capacity Rating on that date shall be the final
Facility Capacity Rating under this Agreement. In no event will delay in achieving the expected
Facility Capacity Rating beyond the Commercial Operation Date postpone the Expiration Date
specified in Section 2.1.
1.5 "Commercial Operation Date" means the date the Facility first achieves
Commercial Operation.
1.6 "Commission" means the Idaho Public Utilities Commission.
1.7 "Conforming Energy'' means all Net Energy except Non-Conforming Energy and
Inadvertent Energy.
1.8 "Conforming Ener:gy Purchase Price" means the applicable price for
Conforming Energy and capacity, specified in Section 5 .1.
3
Exhibit A, Page 224 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
DRAFT
1.9 "Contract Year" means a twelve (12) month period commencing at 00:00 hours
Mountain Prevailing Time ("MPT'') on January l and ending on 24:00 hours MPT on
December 31; provided, however, that the first Contract Year shall commence on the
Commercial Operation Date and end on the next succeeding December 31, and the last Contract
Year shall end on the Expiration Date, unless earlier terminated as provided herein.
1.10 "Cut-in Wind Speed" means the wind speed at which a stationary wind turbine
begins producing Net Energy, as specified by the turbine manufacturer and set forth in Exhibit A.
1.11 "Delay Liquidated Damagea", ''Delay Period", "Delay Price" and "Delay
Volume" shall have the meanings set forth in Section 2.3 of this Agreement. "Delay Security"
shall have the meaning set forth in Section 11.1.1 of this Agreement.
1.12 "Default Security" shall have the meaning set forth in Section 11.2 of this
. Agreement.
1.13 "Effective Date" shall have the meaning set forth in Section 2.1 of this
Agreement.
1.14 "Energy Delivery Schedule" shall have the meaning set forth in Section 4.3 of
this Agreement.
1.15 "Environmental Attributes" means any and all claims, credits, benefits,
emissions reductions, offsets, and allowances, howsoever entitled, resulting from the avoidance
of the emission of any gas, chemical, or other substance to the air, soil or water, which are
deemed of value by PacifiCorp. Environmental Attributes include but are not limited to: (1) any
avoided emissions of pollutants to the air, soil, or water such as (subject to the foregoing) sulfur
oxides (SOx), nitrogen oxides (NOx), carbon monoxide (CO), and other pollutants; and (2) any
avoided emissions of carbon dioxide (C02), methane (CH4), and other greenhouse gases
(GHGs) that have been determined by the United Nations Intergovernmental Panel on Climate
Change to contribute to the actual or potential threat of altering the Earth's climate by trapping
heat in the atmosphere. Environmental Attributes do not include (i) Production Tax Credits or
certain other tax incentives existing now or in the future associated with the construction,
ownership or operation of the Facility, (ii) matters designated by PacifiCorp as sources of
liability, or (iii) adverse wildlife or environmental impacts.
1.16 "Expiration Date" shall have the meaning set forth in Section 2.1 of this
Agreement.
1.17 "Facility'' means Seller's project, including the Seller's Interconnection Facilities,
as described in the Recitals, Exhibit A, and Exhibit B.
1.18 "Facility Capacity Rating'' means the sum of the Nameplate Capacity Ratings for
all generators comprising the Facility.
1.19 "Force Majeure" has the meaning set forth in Section 15.1.
4
Exhibit A, Page 225 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
DRAFT
1.20 "Forced Outage" means an outage that requires removal of one or more Wind
Turbines from service, another outage state or a reserve shutdown state before the end of the next
weekend. Maintenance Outages and Planned Outages are not Forced Outages.
1.21 "Generation Interconnection Agreement'' means the generation interconnection
agreement to be entered into separately between Seller and the Interconnected Utility, as
applicable, specifying the Point of Interconnection and providing for the construction and
operation of the Interconnection Facilities.
1.22 "Generation Scheduling Addendum" means Addendum W, the portion of this
Agreement providing for the measurement, scheduling, and delivery of Net Output from the
Facility to the Point of Delivery via the electric system(s) of non-PacifiCorp Transmission
Entity(s).
1.23 "Inadvertent Energy" means: (1) energy delivered to the Point of Interconnection
or Point of Delivery in excess of the Maximum Monthly Purchase Obligation; and (2) energy
delivered to the Point ofJnterconnection at a rate exceeding the Maximum Facility Delivery Rate
on an hour-averaged basis.
1.24 "Index Price" shall mean the average of: ( 1) the weighted average of the daily
On-Peak and Off-Peak Intercontinental Exchange (ICE) Mid-Columbia index prices for firm
energy; and (2) the weighted average of the daily On-Peak and Off-Peak Intercontinental
Exchange (ICE) Palo Verde index (Intercontinental Exchange (ICE) Palo Verde Index) prices for
firm energy. For Sunday and NERC holidays, the 24-Hour Index Price shall be used, unless
Intercontinental Exchange (ICE) shall publish a Firm On-Peak and Firm Off-Peak Price for such
days for Mid-C and Palo Verde, in which event such indices shall be utilized for such days. If
the Intercontinental Exchange (ICE) index or any replacement of that index ceases to be
published during the term of this Agreement, PacifiCorp shall select as a replacement a
substantially equivalent index that, after any appropriate or necessary adjustments, provides the
most reasonable substitute for the index in question. PacifiCorp's selection shall be subject to
Seller's consent, which Seller shall not unreasonably withhold, condition or delay.
1.25 "Initial Year Energy Delivery Schedule" shall have the meaning set forth in
Section 4.3.1.
1.26 "Interconnected Utility" means ----� the operator of the electric utility
system at the Point of Interconnection.
1.27 "Interconnection Facilities" means all the facilities and ancillary equipment used
to interconnect the Facility to the Interconnected Utility's electric utility system, as defined in the
Generation Interconnection Agreement.
1.28 "Licensed Professional Engineer" means a person acceptable to PacifiCorp in its
reasonable judgment who is licensed to practice engineering in the state of [State of
Facility], who has training and experience in the engineering discipline(s) relevant to the matters
with respect to which such person is caJled to provide a certification, evaluation and/or opinion,
who has no economic relationship, association, or nexus with the Seller, and who is not a
5
Exhibit A, Page 226 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Sunvna,y Judgment
DRAFT
representative of a consulting engineer, contractor, designer or other individual involved in the
development of the Facility, or of a manufacturer or supplier of any equipment installed in the
Facility. Such Licensed Professional Engineer shall be licensed in an appropriate engineering
discipline for the required certification being made. The engagement and payment of a Licensed
Professional Engineer solely to provide the certifications, evaluations and opinions required by
this Agreement shall not constitute a prohibited economic relationship, association or nexus with
the Seller, so long as such engineer has no other economic relationship, association or nexus with
the Seller.
1.29 "Maintenance Outage" means any outage of one or more Wind Turbines that is
not a Forced Outage or a Planned Outage. A Maintenance Outage is an outage that can be
deferred until after the end of the next weekend, but that requires that the Wind Turbine(s) be
removed from service before the next Planned Outage. A Maintenance Outage may occur any
time during the year and must have a flexible start date.
1.30 "Material Adverse Change" shall mean, with respect to the Seller, if the Seller,
in the reasonable opinion of PacifiCorp, has experienced a material adverse change in ability to
fulfill its obligations under this Agreement:
1.31 "Maximum Facility Delivery Rate" means the maximum instantaneous rate (kW)
at which the Facility is capable of delivering Net Output at the Point of Interconnection, as
specified in Exhibit A, and in compliance with the Generation Interconnection Agreement.
1.32 "Muimum Monthly Purchase Obligation" means the maximum amount of
energy PacifiCorp is obligated to purchase under this Agreement in a calendar month. In
accordance with Commission Order No. 29632, the Maximum Monthly Purchase Obligation for
a given month, in kWh, shall equal I 0,000 kW multiplied by the total number of hours in that
month and prorated for any partial month.
1.33 "Nameplate Capacity Rating" means the maximum instantaneous generating
capacity of any qualifying small power or cogeneration generating unit supplying all or part of
the energy sold by the Facility, expressed in MW or kW, when operated consistent with the
manufacturer's recommended power factor and operating parameters, as set forth in a notice
from Seller to PacifiCorp delivered before the Commercial Operation Date and, if applicable,
updated in the As-built Supplement.
1.34 "NERC" means the North American Electric Reliability Corporation.
1.35 ''Net Energy" means the energy component, in kWh, of Net Output.
1.36 "Net Output" means all energy and capacity produced by the Facility, less station
use and less transformation and transmission losses and other adjustments, if any. For purposes
of calculating payment under this Agreement, Net Output of energy shall be the amount of
energy flowing through the Point of Interconnection, less any station use not provided by the
Facility. Net Output does not include Inadvertent Energy.
1.37 "Network Resource" shall have the meaning set forth in the Tariff.
6
Exhibit A, Page 227 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Surnma,y Judgment
DRAFT
l .38 "Network Service Provider" means PacifiCorp Transmission, as a provider of
network service to PacifiCorp under the Tariff.
l .39 "Non-Conforming Energy" means Net Output produced by the Facility prior to
the Commercial Operation Date.
1.40 "Non-Conforming Energy Purchase Price" means the applicable price for Non­
conforming Energy and capacity, specified in Section 5.1.
1.41 "Off-Peak Hours" means all hours of the week that are not On-Peak Hours.
1.42 "On-Peak Hours" means hours from 7:00 a.m. to 11 :00 p.m. Mountain Prevailing
Time, Monday through Saturday, excluding Western Electricity Coordinating Council (WECC)
and North American Electric Reliability Corporation (NERC) holidays.
1.43 "Output Shortfall" and "Output Shortfall Damages" shall have the meanings
set forth in Section 4.5 of this Agreement.
1.44 "PacifiCorp" is defined in the first paragraph of this Agreement, and excludes
PacifiCorp Transmission or a successor, including any RTO.
1.45 "PacifiCorp Transmission" means PacifiCorp, an Oregon corporation, acting in
its interconnection and transmission function capacity.
1.46 "Planned Outage" means an outage of predetermined duration that is scheduled in
Seller's Energy Delivery Schedule. Boiler overhauls, turbine overhauls or inspections are typical
planned outages. Maintenance Outages and Forced Outages are not Planned Outages.
1.47 "Point of Delivery" means a point of interconnection between
___ 's electric system and PacifiCorp Transmission's electric system at the _
Substation, as specified in Exhibit B.
1.48 "Point of Interconnection" means the point where Seller's Facility interconnects
with the Interconnected Utility's electric utility system, as defined in the Generation
Interconnection Agreement and specified in Exhibit B.
1.49 "Prime Rate" means the rate per annum equal to the publicly announced prime
rate or reference rate for commercial loans to large businesses in effect from time to time quoted
by JPMorgan Chase & Co. If a JPMorgan Chase & Co. prime rate is not available, the
applicable Prime Rate shall be the announced prime rate or reference rate for commercial loans
in effect from time to time quoted by a bank with $10 billion or more in assets in New York
City, N.Y., selected by the Party to whom interest based on the prime rate is being paid.
1.50 "Production Tu Credits" means production tax credits under Section 45 of the
Internal Revenue Code as in effect from time to time during the term hereof or any successor or
other provision providing for a federal tax credit determined by reference to renewable electric
energy produced from wind resources and any correlative state tax credit determined by
7
Exhibit A, Page 228 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
DRAFT
reference to renewable electric energy produced from wind resources for which the Facility is
eligible.
1.51 ''Prudent Electrical Practices" means any of the practices, methods and acts
engaged in or approved by a significant portion of the electrical utility industry or any of the
practices, methods or acts, which, in the exercise of reasonable judgment in the light of the facts
known at the time a decision is made, could have been expected to accomplish the desired result
at the lowest reasonable cost consistent with reliability, safety and expedition. Prudent Electrical
Practices is not intended to be limited to the optimum practice, method or act to the exclusion of
all others, but rather to be a spectrum of possible practices, methods or acts.
1.52 "QF" means "Qualifying Facility'', as that term is defined in the version of
FERC Regulations (codified at 18 CFR Part 292) in effect on the date of this Agreement.
1.53 "Required Facility Documents" means all deeds, titles, leases, licenses, permits,
authorizations, and agreements (including Transmission Agreements) demonstrating that Seller
controls the necessary property rights (e.g. site lease) and government authorizations to
construct, operate, and maintain the Facility, including without limitation those set forth in
EmibitC.
1.54 "Scheduled Commercial Operation Date" means the date by which Seller
promises to achieve Commercial Operation, as specified in Section 2.2.6.
1.55 "Scheduled Monthly Energy Delivery'' means the Net Energy scheduled to be
delivered to the Point of Delivery during a given calendar month, as specified by Seller in the
Energy Delivery Schedule.
1.56 "Seller's Forecast-Cost Share" and "Seller's Capped Forecast-Cost Share"
shall have the meanings set forth in Sections 8.2 and 8.3 respectively.
1.57 "Subsequent Energy Delivery Schedule" shall have the meaning set forth in
Section 4.3.3.
1.58 "Tariff" means the PacifiCorp Transmission FERC Electric Tariff Seventh
Revised Volume No.11 Pro Forma Open Access Transmission Tariff or a Transmission Entity's
corresponding Open Access Transmission Tariff or both, as revised from time to time.
1.59 "Transmission Agreement(•)" means the agreement(s) (or contemporaneous
agreements) between Seller and the Transmitting Entity(s) providing for Seller's uninterruptible
right to transmit Net Output to the Point of Delivery.
1.60 ''Transmitting Entity(s)" means the (non-PacifiCorp)
operator(s) of the transmission system(s) between the Point of Interconnection and the Point of
Delivery or successor(s) including any regional transmission organization ("RTO").
8
Exhibit A, Page 229 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
DRAFT
1.61 "Wind Turbine" means a [description of intended wind turbine model] as further
described in Exhibit A. At its full Facility Capacity Rating, the Facility will consist of_
Wind Turbines.
SECTION 2: TERM, COMMERCIAL OPERATION DATE
2.1 This Agreement shall become effective after execution by both Parties and after
approval by the Commission ("Effective Date"); provided, however, this Agreement shall not
become effective until the Commission has determined that the prices to be paid for energy and
capacity are just and reasonable, in the public interest, and that the costs incurred by PacifiCorp
for purchases of capacity and energy from Seller are legitimate expenses, all of which the
Commission will allow PacifiCorp to recover in rates in Idaho in the event other jurisdictions
deny recovery of their proportionate share of said expenses.
Unless earlier terminated as provided herein, the Agreement shall remain in effect until
[ enter date that is no later than 20 years after the Scheduled Commercial
Operation Date) ("Expiration Date").
2.2 Time is of the essence of this Agreement, and Seller's ability to meet certain
requirements prior to the Commercial Operation Date and to achieve Commercial Operation by
the Scheduled Commercial Operation Date is critically important. Therefore,
2.2.1 By Seller shall obtain and provide to
PacifiCorp copies of all governmental permits and authorizations necessary for
construction of the Facility.
2.2.2 By Seller shall provide to PacifiCorp a copy
of an executed Generation Interconnection Agreement and an executed Transmission
Agreement(s), whose terms shall be consistent with the terms of this Agreement.
2.2.3 By the date 5 business days after the Effective Date, Seller shall
provide Delay Security required under Section 11.1.1, as applicable.
2.2.4 Prior to Commercial Operation, Seller shall provide Default Security
required under Section 11.2, as applicable.
2.2.5 Prior to Commercial Operation, Seller shall provide PacifiCorp with
an As-built Supplement acceptable to PacifiCorp.
2.2.6 By Seller shall achieve Commercial Operation
("Scheduled Commercial Operation Date").
2.2.7 Beginning Seller shall provide PacifiCorp a
one-page monthly update by e-mail on the progress of the milestones in this Section 2.2.
2.3 Seller shall cause the Facility to achieve Commercial Operation on or before the
Scheduled Commercial Operation Date. If Commercial Operation occurs after the Scheduled
9
Exhibit A, Page 230 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
DRAFT
Commercial Operation Date, Seller shall be liable to pay PacifiCorp delay damages for the
number of days ("Delay Period") the Commercial Operation Date occurs after the Scheduled
Commercial Operation Date, up to a total of 120 days ("Delay Liquidated Damages").
Delay Liquidated Damages equals the sum of: the Delay Price times the Delay Volume,
for each day of the Delay Period
Where:
"Delay Price" equals the positive difference, if any, of the Index Price minus the
weighted average of the On-Peak and Off-Peak monthly Conforming Energy Purchase
Prices; and
"Delay Volume" equals the applicable Scheduled Monthly Energy Delivery divided by
the number of days in that month.
The Parties agree that the damages PacifiCorp would incur due to delay in the Facility achieving
Commercial Operation on or before the Scheduled Commercial Operation Date would be
difficult or impossible to predict with certainty, and that the Delay Liquidated Damages are an
appropriate approximation of such damages.
SECTION 3: REPRESENTATIONS AND WARRANTIES
3.1 PacifiCorp represents, covenants, and warrants to Seller that:
3.1.1 PacifiCorp is duly organized and validly existing under the laws of
the State of Oregon.
3 .1.2 PacifiCorp has the requisite corporate power and authority to enter
into this Agreement and to perform according to the terms of this Agreement.
3.1.3 PacifiCorp has taken all corporate actions required to be taken by it
to authorize the execution, delivery and performance of this Agreement and the
consummation of the transactions contemplated hereby.
3 .1.4 Subject to Commission approval, the execution and delivery of this
Agreement does not contravene any provision of, or constitute a default under, any
indenture, mortgage, or other material agreement binding on PacifiCorp or any valid
order of any court, or any regulatory agency or other body having authority to which
PacifiCorp is subject.
3.1.5 Subject to Commission approval, this Agreement is a valid and
legally binding obligation of PacifiCorp, enforceable against PacifiCorp in accordance
with its terms (except as the enforceability of this Agreement may be limited by
bankruptcy, insolvency, bank moratorium or similar laws affecting creditors' rights
generally and laws restricting the availability of equitable remedies and except as the
enforceability of this Agreement may be subject to general principles of equity, whether
or not such enforceability is considered in a proceeding at equity or in law).
10
Exhibit A, Page 231 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
DRAFT
3.2 Seller represents, covenants, and warrants to PacifiCorp that:
3.2.1 Seller is a __ [corporation, partnership, or limited liability
company] duly organized and validly existing under the laws of [state
of Seller's incorporation].
3.2.2 Seller has the requisite power and authority to enter into this
Agreement and to perform according to the terms hereof, including all required
regulatory authority to make wholesale sales from the Facility.
3.2.3 Seller's shareholders, directors, and officers have taken all actions
required to authorize the execution, delivery and performance of this Agreement and the
consummation of the transactions contemplated hereby.
3.2.4 The execution and delivery of this Agreement does not contravene
any provision of, or constitute a default under, any indenture, mortgage, or other material
agreement binding on Seller or any valid order of any court, or any regulatory agency or
other body having authority to which Seller is subject.
3.2.5 This Agreement is a valid and legally binding obligation of Seller,
enforceable against Seller in accordance with its terms (except as the enforceability of
this Agreement may be limited by bankruptcy, insolvency, bank moratorium or similar
laws affecting creditors' rights generally and laws restricting the availability of equitable
remedies and except as the enforceability of this Agreement may be subject to general
principles of equity, whether or not such enforceability is considered in a proceeding at
equity or in law).
3.2.6 The Facility is and shall for the term of this Agreement continue to
be a QF. Seller has provided the appropriate QF certification, which may include a
Federal Energy Regulatory Commission self-certification to PacifiCorp prior to
PacifiCorp's execution of this Agreement. At any time PacifiCorp has reason to believe
during the term of this Agreement that Seller's status as a QF is in question, PacifiCorp
may require Seller to provide PacifiCorp with a written legal opinion from an attorney in
good standing in the state of Idaho and who has no economic relationship, association or
nexus with the Seller or the Facility, stating that the Facility is a QF and providing
sufficient proof (including copies of all documents and data as PacifiCorp may request)
demonstrating that Seller has maintained and will continue to maintain the Facility as a
QF.
3.2.7 Neither the Seller nor any of its principal equity owners is or has
within the past two (2) years been the debtor in any bankruptcy proceeding, is unable to
pay its bills in the ordinary course of its business, or is the subject of any legal or
regulatory action, the result of which could reasonably be expected to impair Seller's
ability to own and operate the Facility in accordance with the terms of this Agreement.
11
Exhibit A, Page 232 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
DRAFT
3.2.8 Seller has not at any time defaulted in any of its payment obligations
for electricity purchased from PacifiCorp.
3.2.9 Seller is not in default under any of its other agreements and is
current on all of its financial obligations.
3.2.10 Seller owns, and will continue to own for the term of this
Agreement, all right, title and interest in and to the Facility, free and clear of all liens and
encumbrances other than liens and encumbrances related to third-party financing of the
Facility.
3.3 Notice. If at any time during this Agreement, any Party obtains actual knowledge
of any event or information which would have caused any of the representations and warranties
in this Section 3 to have been materially untrue or misleading when made, such Party shall
provide the other Party with written notice of the event or information, the representations and
warranties affected, and the action, if any, which such Party intends to take to make the
representations and warranties true and correct. The notice required pursuant to this Section
shall be given as soon as practicable after the occurrence of each such event.
SECTION·4: DELIVERY OF POWER; AVAILABILITY GUARANTY
4.1 Delivery and Acceptance of Net Output. Unless otherwise provided herein,
PacifiCorp will purchase and Seller will sell all Net Output from the Facility.
4.2 No Sales to Third Parties. During the term of this Agreement, Seller shall not sell
any Net Output from the Facility to any entity other than PacifiCorp.
4.3 Energy Delivery Schedule. Seller shall prepare and provide to PacifiCorp, on an
ongoing basis, a written schedule of Net Energy expected to be delivered to the Point of Delivery
by the Facility ("Energy Delivery Schedule"), in accordance with the following:
4.3.1 During the first twelve full calendar months following the
Commercial Operation Date, Seller predicts that the Facility will produce and deliver to
the Point of Delivery the folJowing monthly amounts ("Initial Year Energy Delivery Schedule"):
Month
January
February
March
April
May
June
12
Energy Delivery (kWh)
Exhibit A, Page 233 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
DRAFT
July
August
September
October
November
December
4.3.2 Seller may revise the Initial Year Energy Delivery Schedule any
time prior to the Commercial Operation Date.
4.3.3 Beginning at the end of the ninth full calendar month of operation,
and at the end of every 3rd month thereafter, Seller shall supplement the Energy Delivery
Schedule with three additional months of forward estimates (which shall be appended to
this Agreement as Exhibit D) ("Subsequent Energy Delivery Schedule"), such that the
Energy Delivery Schedule will provide at least three months of scheduled energy '
estimates at all times. Seller shall provide Subsequent Energy Delivery Schedules no
later than 5:00 pm of the 5th day after the due date. If Seller does not provide a
Subsequent Energy Delivery Schedule by the above deadline, scheduled energy for the
omitted period shall equal the amounts scheduled by Seller for the same three-month
period during the previous year.
4.3.4 Beginning with the end of the third month after the Commercial
Operation Date and at the end of every third month thereafter the Seller may not revise
the immediate next three months of previously provided Energy Delivery Schedules. But
by written notice given to PacifiCorp no later than 5:00 PM of the 5th day after the end of
any such third month, the Seller may revise all other previously provided Energy
Delivery Schedules. Failure to provide timely written notice of changed amounts will be
deemed to be an election of no change.
4.4 Minimum Availability Obligation. Seller shall cause the Facility to achieve an
Availability of at least 85% during each month ("Guaranteed Availability'').
4.5 Liquidated Damages for Output Shortfall. If the Availability in any given month
falls below the Guaranteed Availability, the resulting shortfall shall be expressed in kWh as the
"Output Shortfall" The Output Shortfall shall be calculated in accordance with the following
formula:
Output Shortfall= (Guaranteed Availability-Availability)*
Scheduled Monthly Energy Delivery
Seller shall pay PacifiCorp for any Output Shortfall at the lower of (1) the positive difference, if
any, of the Index Price minus the weighted average of the On-Peak and Off-Peak monthly
Conforming Energy Purchase Prices; or (2) the weighted average of the On-Peak and Off-Peak
monthly Conforming Energy Purchase Prices ("Output Shortfall Damages").
13
Exhibit A, Page 234 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Sunvnary Judgment
DRAFT
Output Shortfall Damages = Output Shortfall • Output Shortfall Price
Where:
Output Shortfall Price = (Index Price - Weighted Average CEPP); provided
that if Output Shortfall Price < 0, then Output
Shortfall Price= O; and provided, further, that if
Output Shortfall Price> Weighted Average CEPP,
then Output Shortfall Price= Weighted Average
CEPP
Weighted Average CEPP = the weighted average On-Peak and Off-Peak
Conforming Energy Purchase Prices for the month
of Output Shortfall
If an Output Shortfall occurs in any given month, Seller may owe PacifiCorp liquidated
damages. Each Party agrees and acknowledges that (a) the damages that PacifiCorp would incur
due to the Facility's failure to achieve the Guaranteed Availability would be difficult or
impossible to predict with certainty, and (b) the liquidated damages contemplated in this Section
4.5 are a fair and reasonable calculation of such damages.
4.6 Audit Rights. In addition to data provided under Sections 9.2 and 9.3, PacifiCorp
shall have the right, but not the obligation, to audit the Facility's compliance with its Guaranteed
Availability using any reasonable methods. Seller agrees to retain all performance related data
for the Facility for a minimum of three years, and to cooperate with PacifiCorp in the event
PacifiCorp decides to audit such data.
SECTION 5: PURCHASE PRICES
5.1 Energy Purchase Price. Except as provided in Section 5.3, PacifiCorp will pay
Seller Conforming Energy or Non-Conforming Energy Purchase Prices for Net Output delivered
to the Point of Delivery and adjusted for the month and On-Peak Hours or Off-Peak Hours and
the wind integration cost using the following formulae, in accordance with Commission Order
Nos. 30423, 30497, and 30744:
Conforming Energy Purchase Price = (ARa * MPM) - WIC
Non-Conforming Energy Purchase Price = (ARnce • MPM) - WIC
Where:
ARnce
=
=
Conforming Energy annual rate from Table 1, below, for the year of the Net Output.
Non-Conforming Energy annual rate, equal to the lower of:
85% of the Conforming Energy annual rate from Table 1,
below, for the year of Net Output
or
14
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Case No. PAC-E-1�8
Rocky Mountain Powets Motion for Summary Judgment
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MPM
W1C
=
=
85% of weighted average of the daily On-Peak and Off­
Peak Intercontinental Exchange (ICE) Mid-Columbia index
prices for firm energy for the month, or portion of month,
of Net Output.
monthly On-Peak or Off-Peak multiplier from Table 2, below, that
corresponds to the month of the Net Output and whether the Net
Output occurred during On-Peak Hours or Off-Peak Hours.
the wind integration cost prescribed in Commission Order No.
30497 or subsequent order in effect at the time of execution.
Example calculations are provided in Exhibit G.
Table 1: Conforming Energy Annual Rates (from Commission Order No. 30744)*
Conformog Energy
Allaual Rate (ARa)
Year $/MWb
2010 75.83
2011 77.95
2012 80.24
2013 82.14
2014 84.09
2015 86.09
2016 88.25
2017 90.34
2018 92.60
2019 94.80
2020 97.05
2021 99.36
2022 101.73
2023 104.15
2024 106.64
2025 109.19
2026 112.30
2027 115.50
2028 118.80
2029 122.20
2030 125.71
Ho•rs Boars I Month
Table 2: Monthly On-Peak/Off-Peak Multipliers (from Commission Order No. 30423)
On-Peak Off-Peak
• If Seller has elected levelized pricing for Net Output, additional security requirements in
Section 11.2 apply.
15
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January 103% 94%
Februarv 105% 97%
March 95% 80%
April 95% 76%
Mav 92% 63%
June 94% 65%
July 121% 92%
August 121% 106%
September 109% 99%
October 115% 105%
November 110% 96%
December 129% 120%
5.2 Payment.
For each Billing Period in each Contract Year, PacifiCorp shall pay Seller as follows:
For Conforming Energy delivered to the Point of Delivery:
Payment = (CEnergy0n-Peak • CEPPriceon.Peak I 1000) +
(CEnergyorr-Peak • CEPPriceorr-PeaJc I 1000)
For Non-Conforming Energy delivered to the Point of Delivery:
Payment = (NCEnergy0n-Peat • NCEPPrice0n-pea1c I 1000) +
(NCEnergyoo-Peu • NCEPPriceorr-Peat I I 000)
Conforming Energy in kWh
Conforming Energy Purchase Price in $/MWh
Non-Conforming Energy in kWh
Non-Conforming Energy Purchase Price in $/MWh
the corresponding value for On-Peak Hours
the corresponding value for Off-Peak Hours
5.3 Inadvertent Energy. PacifiCorp may accept Inadvertent Energy at its sole
discretion, but will not purchase or pay for Inadvertent Energy.
SECTION 6: OPERATION AND CONTROL
6.1 Seller shall operate and maintain the Facility in a safe manner in accordance with
the Generation Interconnection Agreement, Transmission Agreement(s), Prudent Electrical
Practices and in accordance with the requirements of all applicable federal, state and local laws
and the National Electric Safety Code as such laws and code may be amended from time to time.
PacifiCorp shall have no obligation to purchase Net Output from the Facility to the extent that
any interconnections or portion of the path of delivery between the Facility and PacifiCorp
Transmission's electric system is disconnected, suspended or interrupted, in whole or in part,
16
Where:
CEnergy =
CEPPrice =
NCEnergy =
NCEPPrice =
On-Peak =
Off-Peak =
Exhibit A, Page 237 of 301
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pursuant to the Generation Interconnection Agreement, the Transmission Agreement(s), or to the
extent generation curtailment is required as a result of Seller's non-compliance with the
Generation Interconnection Agreement or Transmission Agreement(s). PacifiCorp shall have the
right to inspect the Facility to confirm that Seller is operating the Facility in accordance with the
provisions of this Section 6 upon reasonable notice to Seller. Seller is solely responsible for the
operation and maintenance of the Facility. PacifiCorp shall not, by reason of its decision to
inspect or not to inspect the Facility, or by any action or inaction taken with respect to any such
inspection, assume or be held responsible for any liability or occurrence arising from the
operation and maintenance by Seller of the Facility. ·
6.2 Energy Acceptance.
6.2.1 Required Curtailment. PacifiCorp shall not be obligated to purchase,
receive or pay for Net Output (nor shall it be liable for associated unrealized Production
Tax Credits or Environmental Attributes) that is not delivered to the Point of Delivery
during times and to the extent that such Net Output is not delivered to the Point of
Delivery because (a) the interconnection between the Facility and the Interconnected
Utility's electric system is disconnected, suspended or interrupted, in whole or in part,
pursuant to the terms of the Generation Interconnection Agreement, (b) a Network
Service Provider or Transmission Entity Curtails (as defined in the applicable Tariff) Net
Output or orders PacifiCorp to curtail Net Output, (c) the Facility's Output is not received
because the Facility is not fully integrated or synchronized with the Interconnected
Utility's electric system, or (d) an event of Force Majeure prevents either Party from
delivering or receiving Net Output. The MWh amount of Net Output curtailed pursuant
to this Section 6.2.1 shall be reasonably determined by Seller after the fact based on the
amount of energy that could have been generated at the Facility and delivered to
PacifiCorp at the Point of Delivery as Net Output but that was not generated and
delivered because of the curtailment. Seller shall determine the quantity of such curtailed
energy based on (x) the time and duration of the curtailment period and (y) wind
conditions recorded at the Facility during the period of curtailment and the tested and
verified power curve for the Wind Turbines. Seller shall promptly provide PacifiCorp
with access to such information and data as PacifiCorp may reasonably require to
confirm to its reasonable satisfaction the amount of energy that was not generated or
delivered because of a curtailment described in this Section 6.2.1.
6.2.2 PacifiCorp as Merchant. Seller acknowledges that PacifiCorp,
acting in its merchant capacity function as purchaser under this Agreement, has no
responsibility for or control over PacifiCorp Transmission.
6.3 Outages.
6.3.1 Planned Outages. Except as otherwise provided herein, Seller shall
not schedule Planned Outage during any portion of the months of November, December,
January, February, June, July, and August, except to the extent a Planned Outage is
reasonably required to enable a vendor to satisfy a guarantee requirement in a situation in
which the vendor is not otherwise able to perform the guarantee work at a time other than
during one of the months specified above. Seller shall, in Exhibit D, provide PacifiCorp
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with an annual forecast of Planned Outages for each Contract Year at least one (1) month,
but no more that three (3) months, before the first day of that Contract Year, and shall
promptly update such schedule, or otherwise change it only, to the extent that Seller is
reasonably required to change it in order to comply with Prudent Electrical Practices.
Seller shall not schedule more than one hundred fifty (150) hours of Planned Outages for
each calendar year. Seller shall not schedule any maintenance of Interconnection
Facilities during such months, without the prior written approval of PacifiCorp, which
approval may be withheld by PacifiCorp in its sole discretion.
6.3.2 Maintenance Outages. If Seller reasonably determines that it is
necessary to schedule a Maintenance Outage, Seller shall notify PacifiCorp of the
proposed Maintenance Outage as soon as practicable but in any event at least five (5)
days before the outage begins (or such shorter period to which PacifiCorp may
reasonably consent in light of then existing wind conditions). Upon such notice, the
Parties shaJl plan the Maintenance Outage to mutually accommodate the reasonable
requirements of Seller and the service obligations of PacifiCorp. Seller shall take aJl
reasonable measures and use best efforts consistent with Prudent Electrical Practices to
not schedule any Maintenance Outage during the following periods: June 15 through June
30, July, August, and September 1 through September 15. Seller shall include in such
notice of a proposed Maintenance Outage the expected start date and time of the outage,
the amount of generation capacity of the Facility that will not be available, and the
expected completion date and time of the outage. Seller may provide notices under this
Section 6.3.2 orally. Seller shall confirm any such oral notification in writing as soon as
practicable. PacifiCorp shall promptly respond to such notice and may request
reasonable modifications in the schedule for the outage. Seller shall use all reasonable
efforts to comply with PacifiCorp's request to modify the schedule for a Maintenance
Outage if such modification has no substantial impact on Seller. Seller shall notify
PacifiCorp of any subsequent changes in generation capacity of the Facility during such
Maintenance Outage and any changes in the Maintenance Outage completion date and
time. Seller shall take all reasonable measures and exercise its best efforts consistent with
Prudent Electrical Practices to minimize the frequency and duration of Maintenance
Outages.
6.3.3 Forced Outages. Seller shall promptly provide to PacifiCorp an oral
report, via telephone to a number specified by PacifiCorp, of any Forced Outage of the
Facility. Such report shall include the amount of generation capacity of the Facility that
will not be available because of the Forced Outage and the expected return date and time
of such generation capacity. Seller shall promptly update the report as necessary to
advise PacifiCorp of changed circumstances. If the Forced Outage resulted in more than
15% of the Facility Capacity Rating of the Facility being unavailable, Seller shall confirm
the oral report in writing as soon as practicable. Seller shall take all reasonable measures
and exercise its best efforts consistent with Prudent Electrical Practices to avoid Forced
Outages and to minimize their duration.
6.3.4 Notice of Deratings and Outages. Without limiting other notice
requirements, Seller shall notify PacifiCorp, via telephone to a number specified by
18
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PacifiCorp, of any limitation, restriction, derating or outage known to Seller that affects
the generation capacity of the Facility in an amount greater than five percent (5%) of the
Facility Capacity Rating for the following day. Seller shall promptly update such notice
to reflect any material changes to the information in such notice.
6.3.5 Effect of Outages on Estimated Output. Seller shall factor Planned
Outages and Maintenance Outages that Seller reasonably expects to encounter in the
ordinary course of operating the Facility into the Scheduled Monthly Energy Delivery
amounts in the Energy Delivery Schedule set forth in Exhibit D.
6.4 Scheduling.
6.4.1 Daily Scheduling. Daily scheduling shall be done in accordance
with Section 2 of Addendum W.
6.4.2 Cooperation and Standards. With respect to any and all scheduling
requirements in this Agreement, (a) Seller shall cooperate with PacifiCorp with respect to
scheduling Net Output, and (b) each Party shall designate authorized representatives to
communicate with regard to scheduling and related matters arising hereunder.
SECTION 7: MOTIVE FORCE
Prior to the Effective Date of this Agreement, Seller provided to PacifiCorp a motive
force plan including an hourly wind profile acceptable to PacifiCorp in its reasonable discretion
and attached hereto as Exhibit F-1, together with a certification from a Licensed Professional
Engineer to PacifiCorp attached hereto as Exhibit F-2, certifying that the implementation of the
fuel or motive force plan can reasonably be expected to provide fuel or motive force to the
Facility for the duration of this Agreement adequate to generate power and energy in quantities
necessary to deliver the Average Annual Net Output.
SECTION 8; GENERATION FORECASTING COSTS
8.1 Forecast Service Election. PacifiCorp may, in its discretion, add forecasting
services for Seller's Facility to PacifiCorp's existing contract with a qualified wind-energy­
production forecasting vendor, which contract and vendor may change during the term of this
Agreement.
8.2 Seller's Forecast-Cost Share. Pursuant to Commission Order No. 30497, Seller
shall be responsible for 50% of PacifiCorp's cost of adding such forecasting services ("Seller's
Forecast-Cost Share") up to Seller's Capped Forecast-Cost Share.
8.3 Cap on Seller's Forecast-Cost Share. Seller's Forecast-Cost Share for a given
Contract Year is capped at 0.1 % of total payments made by PacifiCorp to Seller for Net Output
during the previous Contract Year ("Seller's Capped Forecast-Cost Share"). If the last
Contract Year of this Agreement is shorter than a full calendar year, the cap will be prorated for
that shortened year. For the year(s) prior to the second Contract Year of this agreement that
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equals a full calendar year, Seller's Forecast-Cost Share is capped at 0.1 % of estimated payments for Net Output based on the Energy Delivery Schedule.
8.4 Payment. Seller shall pay to PacifiCorp Seller's Forecast-Cost Share uncapped by
Section 8.3 for each Contract Year in equal payments for each month of such year except the last
month of such year. (For example, in a Contract Year equaling a full calendar year, Seller would
pay 1/11 th of Seller's Forecast-Cost Share during each of the first 11 months.) In the last month
of each Contract Year, PacifiCorp shall refund to Seller the amount paid by Seller under this
Section in excess, if any, of Seller's Capped Forecast-Cost Share. For a Contract Year
encompassed by just one calendar month, Seller's payment to PacifiCorp and PacifiCorp's
refund to Seller shall be calculated and paid simultaneously. To the extent practicable, payments
and refunds under this Section shall be netted and included in monthly payments and invoices
under Section 10.
SECTION 9: METERING; REPORTS AND RECORDS
9.1 Metering Equipment. PacifiCorp shall design, furnish, install, own, inspect, test,
maintain and replace all metering equipment required for purposes of Sections 9 .1.1 and 9 .1.2.
9 .1.1 Location of Metering Eguipment. Metering shall be performed at the
location and in the manner specified in Exhibit B. Seller shall provide to PacifiCorp
meter readings of Net Output (or if Net Output is a composite reading, readings of all
meters necessary to calculate Net Output) in hourly increments, and any other data inputs
required to administer this Agreement. Upon PacifiCorp's request, Seller shall provide
PacifiCorp with the same telemeter data that Seller provides to the Transmitting Entity(s),
if any, if such data is useful to PacifiCorp's administration of this Agreement. All
quantities of energy purchased hereunder shall be adjusted to account for electrical
losses, if any, between the point of metering and the Point of Interconnection, so that the
purchased amount reflects the net amount of power flowing into the Interconnected
Utility's electric system at the Point of Interconnection. The loss adjustment shall be a
reduction of2% of the kWh energy production recorded on the Facility output meter until
actually measured and calibrated at the meter by PacifiCorp.
9.1.2 Maintenance of Metering Equipment. PacifiCorp shall periodically
inspect, test, repair and replace the metering equipment required for purposes of Sections
9.1.1 and 9.1.2 or at the request of Seller if Seller has reason to believe metering may be
off and requests an inspection in writing. Seller shall bear the cost for any Seller
requests. If any of the inspections or tests disclose an error exceeding two percent (2% ),
either fast or slow, proper correction, based upon the inaccuracy found, shall be made of
previous readings for the actual period during which the metering equipment rendered
inaccurate measurements if that period can be ascertained. If the actual period cannot be
ascertained, the proper correction shall be made to the measurements taken during the
time the metering equipment was in service since last tested, but not exceeding three
Billing Periods, in the amount the metering equipment shall have been shown to be in
error by such test. Any correction in billings or payments resulting from a correction in
the meter records shall be made in the next monthly billing or payment rendered.
20
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9.1.3 Costs of Metering Equipment. All PacifiCorp's costs relating to all
metering equipment installed to accommodate Seller's Facility shall be borne by Seller.
9.2 Telemetering. Seller shall provide telemetering equipment and facilities capable
of transmitting the following information concerning the Facility to PacifiCorp on a real-time
basis, and will operate such equipment when requested by PacifiCorp to indicate:
(a) instantaneous MW output at the Point oflnterconnection;
(b) Net Output; and
(c) the Facility's total instantaneous generation capacity.
Seller shall also transmit to PacifiCorp any other data from the Facility that Seller receives on a
real-time basis, including meteorological data, wind speed data, wind direction data and gross
output data. Seller shall provide such real-time data to PacifiCorp in the same detail that Seller
receives the data ( e.g., if Seller receives the data in four second intervals, PacifiCorp shall also
receive the data in four second intervals). PacifiCorp shall have the right from time to time to
require Seller to provide additional telemetering equipment and facilities to the extent necessary
and reasonable.
9.3 Monthly Reports and Logs. Within thirty (30) days after the end of each Billing
Period, Seller shall provide to PacifiCorp the following:
9.3.1 Reports. A report in electronic format, which report shall include (a)
summaries of the Facility's wind and output data for the Billing Period in intervals not to
exceed one hour ( or such shorter period as is reasonably possible with commercially
available technology), including information from the Facility's computer monitoring
system; (b) summaries of any other significant events related to the construction or
operation of the Facility for the Billing Period; (c) details of Availability of the Facility
for the Billing Period sufficient to calculate Availability and including hourly average
wind velocity measured at turbine hub height and ambient air temperature; and ( d) any
supporting information that PacifiCorp may from time to time reasonably request
(including historical wind data for the Facility).
9.3.2 Electronic Fault Log. Seller shall maintain an electronic fault log of
operations of the Facility during each hour of the term of this Agreement commencing on
the Commercial Operation Date. Seller shall provide PacifiCorp with a copy of the
electronic fault log within thirty (30) days after the end of the Billing Period to which the
fault log applies. ·
9.4 Cost of Performance Monitoring. Seller shall pay for and design, furnish, install,
own, inspect, test, maintain and replace all equipment required in order to record data required
for the reports and logs in Sections 9.3.
SECTION 10: BILLINGS, COMPUTATIONS AND PAYMENTS
10.1 Payment for Net Output. On or before the thirtieth (30th) day following the end of
each Billing Period, PacifiCorp shall send to Seller payment for Seller's deliveries of Net Output
21
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to PacifrCorp, together with computations supporting such payment. PacifiCorp may offset any
such payment to reflect amounts owing from Seller to PacifiCorp pursuant to this Agreement and
any other agreement(s) between the Parties. Any such offsets shall be separately itemized on the
statement accompanying each payment to Seller.
10.2 Annual Invoicing for Output Shortfall. Thirty calendar days after the end of each
Contract Year. PacifiCorp shall deliver to Seller an invoice showing PacifiCorp's computation of
Output Shortfall, if any, for all Billing Periods in the prior Contract Year and Output Shortfall
Damages, if any. In preparing such invoices, PacifiCorp shall utilize the meter data provided to
PacifiCorp for the Contract Year in question, but may also rely on historical averages and such
other information as may be available to PacifiCorp at the time of invoice preparation if the
meter data for such Contract Year is then incomplete or otherwise not available. To the extent
required, PacifiCorp shall prepare any such invoice as promptly as practicable following its
receipt of actual results for the relevant Contract Year. Seller shall pay to PacifiCorp, by wire
transfer of immediately available funds to an account specified in writing by PacifiCorp or by
any other means agreed to by the Parties in writing from time totime, the amount set forth as due
in such invoice. and shall within thirty (30) days after receiving the invoice raise any objections
regarding any disputed portion of the invoice. Objections not made by Seller within the thirty­ day period shall be deemed waived.
10.3 Any amounts owing after the due date thereof shall bear interest at the Prime Rate
plus two percent (2%) from the date due until paid;provided, however, that the interest rate shall
at no time exceed the maximum rate allowed by applicable law.
10.4 Disputed Amounts. If either Party, in good faith, disputes any amount due
pursuant to an invoice rendered hereunder, such Party shall notify the other Party of the specific
basis for the dispute and, if the invoice shows an amount due, shall pay that portion of the
statement that is undisputed, on or before the due date. Except with respect to invoices provided
under Section 10.2, any such notice shall be provided within two (2) years of the date of the
invoice in which the error first occurred. If any amount disputed by such Party is determined to
be due to the other Party, or if the Parties resolve the payment dispute, the amount due shall be
paid within five (5) days after such determination or resolution, along with interest in accordance
with Section 10.3.
SECTION 11: SECURITY
11.1 Delay Security:
11.1.1 Duty to Post Security. By the date provided in Section 2.2.3, shall
post a letter of credit in the amount of ("Delay Security"). The letter of credit
shall be an irrevocable standby letter of credit, from an institution that has a long-term
senior unsecured debt rating of "A" or greater from Standard & Poors or "A2" or greater
from Moody's, in a form reasonably acceptable to PacifiCorp, naming PacifiCorp as the
party entitled to demand payment and present draw requests thereunder. To the extent
PacifiCorp's draws on the letter of credit cause the remaining balance of the letter of
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credit to drop below _, Seller, within 15 calendar days, shall restore the letter of
credit to no less than $ ---
11. l .2 Right to Draw on Security. PacifiCorp shall have the right to draw
on the Delay Security to collect Delay Liquidated Damages. Commencing on or about
first of each month, PacifiCorp will invoice Seller for Delay Liquidated Damages
incurred, if any, during the preceding month. If Seller fails to pay any undisputed amount
within 30 calendar days of the invoice date, PacifiCorp shall draw such amount on the
Delay Security. The Parties will make billings and payments for Delay Liquidated
Damages in accordance with Section 10.
11.1.3 Additional Security. In the event PacifiCorp reasonably determines
at any time that the remaining amount of Delay Security is less than the estimated value
of Delay Liquidated Damages ( due to upward changes in market price and/or due to
Seller's inability to meet the Scheduled Commercial Operation Date), PacifiCorp may
demand that Seller post, and Seller will post within 5 business days of receipt of such
demand, additional Delay Security equal to the estimated (unpaid) Delay Liquidated
Damages.
11.1.4 Termination of Letter of Credit. Unless PacifiCorp disputes whether
Seller has paid all Delay Liquidated Damages, Seller may terminate the Delay Security
letter of credit on or after the l 80th calendar day following commencement of
Commercial Operation by providing PacifiCorp with no less than thirty-day advance
written notice of its intent to do so.
11.1.5 Default. Seller's failure to post and maintain Delay Security in
accordance with Section 11.1 will constitute an event of default, unless cured in
accordance with Section 12.1.1 of this Agreement.
11.2 Default Security (Levelized Pricing Only). If Seller has adopted levelized pricing
for Net Output, by the date provided in Section 2.2.4, Seller will provide security to PacifiCorp
pursuant to Commission Order Nos. 21690, 21800, 29482, 29587 and related orders ("Default
Security'') as set forth in Addendum _[add addendum if Seller elects levelized pricing].
SECTION 12: DEFAULTS AND REMEDIES
12.1 The following events shall constitute defaults under this Agreement:
12.1.1 Non-Payment. Seller's failure to make a payment when due under
this Agreement or post and maintain security in conformance with the requirements of
Section 11 or maintain insurance in conformance with the requirements of Section 14 of
this Agreement, if the failure is not cured within ten (10) business days after the non­
defaulting Party gives the defaulting Party a notice of the default.
12.1.2 Breach of Material Term. Breach by a Party of a representation or
warranty set forth in this Agreement, if such failure or breach is not cured within thirty
(30) days following written notice.
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12.1.3 Default on Other Agreements. Seller's failure to cure any default
under any commercial or financing agreements or instrument (including the Generation
Interconnection Agreement and Transmission Agreement(s)) within the time allowed for
a cure under such agreement or instrument.
12.1.4 Insolvency. A Party (a) makes an assignment for the benefit of its
creditors; (b) files a petition or otherwise commences, authorizes or acquiesces in the
commencement of a proceeding or cause of action under any bankruptcy or similar law
for the protection of creditors, or has such a petition filed against it and such petition is
not withdrawn or dismissed within sixty (60) days after such filing; (c) becomes
insolvent; or ( d) is unable to pay its debts when due.
12.1.5 Material Adverse Change. A Material Adverse Change has occurred
with respect to Seller and Seller fails to provide such performance assurances as are
reasonably requested by PacifiCorp, within fifteen ( 15) days from the date of such
request.
12.1.6 Sale to Third-Party. Seller's sale of Net Output to an ·entity other
than PacifiCorp, as prohibited by Section 4.2.
12.1.7 Non-Delivery. Unless excused by an event of Force Majeure,
Seller's failure to deliver any Net Energy to the Point of Delivery for three consecutive calendar months.
12.1.8 A Party otherwise fails to perform any material obligation (including but not limited to failure by Seller to meet any deadline set forth in Section 2.2) imposed
upon that Party by this Agreement if the failure is not cured within thirty (30) days after
the non-defaulting Party gives the defaulting Party notice of the defauJt; provided,
however, that, upon written notice from the defaulting Party, this thirty (30) day period
shall be extended by an additional ninety (90) days if (a) the failure cannot reasonably be
cured within the thirty (30) day period despite diligent efforts, (b) the default is capable
of being cured within the additional ninety (90) day period, and ( c) the defaulting Party
commences the cure within the original thirty (30) day period and is at all times thereafter
diligently and continuously proceeding to cure the failure.
12.2 In the event of any default hereunder, the non-defaulting Party must notify the
defaulting Party in writing of the circumstances indicating the default and outlining the
requirements to cure the default. If the default has not been cured within the prescribed time,
above, the non-defaulting Party may terminate this Agreement at its sole discretion by delivering
written notice to the other Party and may pursue any and all legal or equitable remedies provided
by law or pursuant to this Agreement. The rights provided in this Section 12 are cumulative such
that the exercise of one or more rights shall not constitute a waiver of any other rights.
12.3 In the event this Agreement is terminated because of Seller's default and Seller
wishes to again sell Net Output from the facility using the same motive force to PacifiCorp
following such termination, PacifiCorp in its sole discretion may require that Seller do so subject to the terms of this Agreement, including but not limited to the purchase prices as set forth in
24
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(Section 5), until the Expiration Date (as set forth in Section 2.1 ). At such time Seller and
PacifiCorp agree to execute a written document ratifying the terms of this Agreement.
12.4 If this Agreement is terminated as a result of Seller's default, Seller shall pay
PacifiCorp for Output Shortfall for a period of eighteen (18) months from the date of termination
plus the estimated administrative cost to acquire the replacement power.
12.5 Recoupment of Damages.
(a) Default Security Available. If Seller has posted Default Security,
PacifiCorp may draw upon that security to satisfy any damages, above.
(b) Default Security Unavailable. If Seller has not posted Default Security, or
if PacifiCorp has exhausted the Default Security, PacifiCorp may (in
addition to any other remedy at law) collect any remaining amount owing
by partially withholding future payments to Seller over a reasonable
period of time. PacifiCorp and Seller shall work together in good faith to
establish the period, and monthly amounts, of such withholding so as to
avoid Seller's default on its commercial or financing agreements
necessary for its continued operation of the Facility.
12.6 Upon an event of default or termination event resulting from default under this
Agreement, in addition to and not in limitation of any other right or remedy under this
Agreement or applicable law (including any right to set-off, counterclaim, or otherwise withhold
payment), the non-defaulting Party may at its option set-off, against any amounts owed to the
defaulting Party, any amounts owed by the defaulting Party under any contract(s) or
agreement(s) between the Parties. The obligations of the Parties shall be deemed satisfied and
discharged to the extent of any such set-off. The non-defaulting Party shall give the defaulting
Party written notice of any set-off: but failure to give such notice shall not affect the validity of
the set-off.
12.7 Amounts owed by Seller pursuant to this paragraph shall be due within five (5)
business days after any invoice from PacifiCorp for the same.
SECTION 13: INDEMNIFICATION
13.l Indemnities.
13.1.1 Indemnity by Seller. Seller shall release, indemnify and hold
harmless PacifiCorp, its directors, officers, agents, and representatives against and from
any and all loss, fines, penalties, claims, actions or suits, including costs and attorney's
fees, both at trial and on appeal, resulting from, or arising out of or in any way connected
with (a) the energy delivered by Seller under this Agreement to and at the Point of
Delivery, (b) any facilities on Seller's side of the Point of Delivery, (c) Seller's operation
and/or maintenance of the Facility, or (d) arising from this Agreement, including without
limitation any loss, claim, action or suit, for or on account of injury, bodily or otherwise,
to, or death of, persons, or for damage to, or destruction or economic loss of property
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belonging to PacifiCorp, Seller or others, excepting only such loss, claim, action or suit
as may be caused solely by the fault or gross negligence of PacifiCorp, its directors,
officers, employees, agents or representatives.
13 .1.2 Indemnity by PacifiCorp. PacifiCorp shall release, indemnify and
hold harmless Seller, its directors, officers, agents, lenders and representatives against
and from any and all loss, fines, penalties, claims, actions or suits, including costs and
attorney's fees, both at trial and on appeal, resulting from, or arising out of or in any way
connected with the energy delivered by Seller under this Agreement after the Point of
Delivery, including without limitation any loss, claim, action or suit, for or on account of
injury, bodily or otherwise, to, or death of, persons, or for damage to, or destruction or
economic loss of property, excepting only such loss, claim, action or suit as may be
caused solely by the fault or gross negligence of Seller, its directors, officers, employees, agents, lenders or representatives.
13.2 No Dedication. Nothing in this Agreement shall be construed to create any duty
to, any standard of care with reference to, or any liability to any person not a Party to this
Agreement. No undertaking by one Party to the other under any provision of this Agreement shall constitute the dedication of that Party's system or any portion thereof to the other Party or
to the public, nor affect the status of PacifiCorp as an independent public utility corporation or
Seller as an independent individual or entity.
13.3 CONSEQUENTIAL DAMAGES. EXCEPT TO THE EXTENT SUCH
DAMAGES ARE INCLUDED IN THE LIQUIDATED DAMAGES, DELAY DAMAGES, OR
OTHER SPECIFIED MEASURE OF DAMAGES EXPRESSLY PROVIDED FOR IN THIS
AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR
SPECIAL, PUNITIVE, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
WHETHER SUCH DAMAGES ARE ALLOWED OR PROVIDED BY CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIAB1LITY, STATUTE OR OTHERWISE.
SECTION 14: LIABILITY AND INSURANCE
14.l Insurance Coverage Requirements. Without limiting any liabilities or any other
obligations of Seller, Seller shall, prior to the Effective Date, secure and continuously carry with
insurers acceptable to PacifiCorp the following insurance coverage:
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14.1.1 Special Form Property insurance providing coverage in an amount at
least equal to the full replacement value of the Facility against
special form property physical loss or damage with normal and
customary exclusions, including coverage for earth earthquake,
flood, and boiler and machinery. This property insurance may
contain separate sub-limits and deductibles . This property insurance
will be maintained in accordance with terms available in the
insurance market for similar facilities.
14.1.2 Employers' Liability insurance with minimum limits of $1,000,000
applicable to each accident/disease-each employee/disease-policy
limit.
14.1.3 Commercial General Liability insurance, to include contractual
liability, premises and operations, and broad form property damage,
with a rmmmum single limit of $1,000,000 each
occurrence/$2,000,000 general aggregate to protect against and from
loss by reason of injury to persons or damage to property based upon
and arising out of the activity under this Agreement.
14.1.4 Business Automobile Liability insurance with a minimum single
limit of $1,000,000 each accident for bodily injury and property
damage with respect to Seller's vehicles whether owned, hired or
non-owned, assigned to or used in connection with this Agreement.
14.1.5 Umbrella Liability insurance with a minimum limit of $5,000,000
each occurrence/aggregate where applicable to be excess of the
coverages and limits required in Employers' Liability insurance,
Commercial General Liability insurance, and Business Automobile
Liability insurance above. Seller shall notify PacifiCorp, if at any
time this minimum umbrella limit is not available during the term of
this Agreement, and may be required to purchase additional limits of
coverage.
14.1.6 The Commercial General Liability policy required herein shall
include i) provisions or endorsements naming PacifiCorp, its
Directors, Officers, agents and employees as additional insureds, and
ii) cross liability coverage so that the insurance applies separately to
each insured against whom claim is made or suit is brought, even in
instances where one insured claims against or sues another insured.
14.1.7 All liability policies required by this Agreement shall include
provisions that such insurance is primary insurance with respect to
the interests of PacifiCorp and that any other insurance maintained
by PacifiCorp is excess and not contributory insurance with the
insurance required hereunder, and provisions that such policies shall
not be canceled or their limits of liability reduced without 1) ten (10)
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days prior written notice to PacifiCorp if canceled for nonpayment of
premium, or 2) thirty (30) days prior written notice to PacifiCorp if
canceled for any other reason. A certificate in a form satisfactory to
PacifiCorp certifying to the issuance of such insurance, shall be
furnished to PacifiCorp. Commercial General Liability coverage
written on a "claims-made" basis, if any, shall be specifically
identified on the certificate. If requested by PacifiCorp, a copy of
each insurance policy, certified as a true copy by an authorized
representative of the issuing insurance company, shall be furnished
to PacifiCorp.
14.1.8 Insurance coverage provided on a "claims-made" basis shall be
maintained by Seller for a minimum period of five (5) years after the
completion of this Agreement.
14.2 Periodic Review. PacifiCorp may review this schedule of required insurance
provided in Section 14 as often as once every two (2) years. PacifiCorp may in its discretion
require the SelJer to make changes to the insurance coverage requirements in this Section 14 to
the extent reasonably necessary to cause such policies and coverages to conform to the insurance
policies and coverages typically obtained or required for power generation facilities comparable
to the Facility at the time of PacifiCorp's review takes place with the consent of Seller, which
shall not be unreasonably withheld.
SECTION 15; FORCE MAJEURE
15 .1 As used in this Agreement, "Force Majeore" or "an event of Force Majeore"
means any cause beyond the reasonable control of the Seller or of PacifiCorp which, despite the
exercise of due diligence, such Party is unable to prevent or overcome. By way of example,
Force Majeure may include but is not limited to acts of God, flood, storms, wars, hostilities, civil
strife, strikes, and other labor disturbances, earthquakes, fires, lightning, epidemics, sabotage,
restraint by court order or other delay or failure in the performance as a result of any action or
inaction on behalf of a public authority which is in each case (i) beyond the reasonable control of
such Party, (ii) by the exercise of reasonable foresight such Party could not reasonably have been
expected to avoid and (iii) by the exercise of due diligence, such Party shall be unable to prevent
or overcome. Force Majeure, however, specifically excludes the cost or availability of fuel or
motive force to operate the Facility or changes in market conditions that affect the price of
energy or transmission. If either Party is rendered wholly or in part unable to perform its
obligation under this Agreement because of an event of Force Majeure, both Parties shall be
excused from whatever performance is affected by the event of Force Majeure, provided that:
15.1.1 the non-performing Party, shall, within two (2) weeks after the
occurrence of the Force Majeure, give the other Party written notice describing the
particulars of the occurrence, including the start date of the Force Majeure, the cause of
Force Majeure, whether the Facility remains partially operational and the expected end
date of the Force Majeure;
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15.1.2 the suspension of performance shall be of no greater scope and of no
longer duration than is required by the Force Majeure;
15.1.3
to perform; and
the non-performing Party uses its best efforts to remedy its inability
15.1.4 the non-performing Party shall provide prompt written notice to the
other Party at the end of the Force Majeure event detailing the end date, cause there of
damage caused there by and any repairs that were required as a result of the Force
Majeure event, and the end date of the Force Majeure.
15.2 No obligations of either Party which arose before the Force Majeure causing the
suspension of performance shall be excused as a result of the Force Majeure.
15.3 Neither Party shall be required to settle any strike, walkout, lockout or other labor
dispute on terms which, in the sole judgment of the Party involved in the dispute, are contrary to
the Party's best interests.
SECTION 16: SEVERAL OBLIGATIONS
Nothing contained in this Agreement shall ever be construed to create an association, trust,
partnership or joint venture or to impose a trust or partnership duty, obligation or liability
between the Parties. If Seller includes two or more parties, each such party shall be jointly and
severally liable for Seller's obligations under this Agreement.
SECTION 17: CHOICE OF LAW
This Agreement shall be interpreted and enforced in accordance with the laws of the state of
Idaho, excluding any choice of law rules which may direct the application of the Jaws of another
jurisdiction.
SECTION 18: PARTIAL INVALIDITY
It is not the intention of the Parties to violate any Jaws governing the subject matter of this
Agreement. If any of the terms of the Agreement are finally held or determined to be invalid,
illegal or void as being contrary to any applicable Jaw or public policy, all other terms of the
Agreement shall remain in effect. If any terms are finally held or determined to be invalid,
illegal or void, the Parties shall enter into negotiations concerning the terms affected by such
decision for the purpose of achieving conformity with requirements of any applicable Jaw and
the intent of the Parties to this Agreement.
SECTION 19: WAIVER
Any waiver at any time by either Party of its rights with respect to a default under this
Agreement or with respect to any other matters arising in connection with this Agreement must
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be in writing, and such waiver shall not be deemed a waiver with respect to any subsequent
default or other matter.
SECTION 20; GOVERNMENTAL JURISDICTION AND AUTHORIZATIONS
PacifiCorp's compliance with the terms of this Agreement is conditioned on Seller's submission
to PacifiCorp prior to the Commercial Operation Date and Seller's maintenance thereafter of
copies of all local, state and federal licenses, permits and other approvals as then may be required
by law for the construction, operation and maintenance of the Facility.
SECTION 21; SUCCESSORS AND ASSIGNS
This Agreement and all of the terms and provisions hereof shall be binding upon and inure to the
benefit of the respective successors and assigns of the Parties hereto, except that no assignment
hereof by either Party shall become effective without the written consent of both Parties being
first obtained. Such consent shall not be unreasonably withheld. Notwithstanding the foregoing,
any entity with which PacifiCorp may consolidate, or into which it may merge, or to which it
may convey or transfer substantially all of its electric utility assets, shall automatically, without
further act, and without need of consent or approval by the Seller, succeed to all of PacifiCorp' s
rights, obligations, and interests under this Agreement. This article shall not prevent a financing
entity with recorded or secured rights from exercising all rights and remedies available to it
under law or contract. PacifiCorp shall have the right to be notified by the financing entity that it
is exercising such rights or remedies.
SECTION 22; ENTIRE AGREEMENT
22.1 This Agreement supersedes all prior agreements, proposals, representations,
negotiations, discussions or letters, whether oral or in writing, regarding PacifiCorp's purchase of
Net Output from the Facility. No modification of this Agreement shall be effective unless it is in
writing and signed by both Parties.
22.2 By executing this Agreement, each Party releases the other from any claims,
known or unknown, that may have arisen prior to the Effective Date with respect to the Facility
and any predecessor facility proposed to have been constructed on the site of the Facility.
SECTION 23: NOTICES
All notices except as otherwise provided in this Agreement shall be in writing, shall be directed
as follows and shall be considered delivered if delivered in person or when deposited in the U.S.
Mail, postage prepaid by certified or registered mail and return receipt requested.
Notices PacifiCorp Seller
All Notices PacifiCorp
825 NE Multnomah Street Portland,
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Notices PacifiCorp Seller
OR 97232
Attn: Contract Administration,
Suite 600
Phone: (503) 813 - 5952
Facsimile: (503) 813 - 6291
Duns: 00-790-9013
Federal Tax ID Number: 93-0246090
All Invoices: Attn: Back Office, Suite 700
Phone: (503) 813 - 5578
Facsimile: (503) 813 - 5580
Scheduling: Attn: Resource Planning, Suite 600
Phone: (503) 813 - 6090
Facsimile: (503) 813 -6265
Payments: Attn: Back Office, Suite 700
Phone: (503) 813 - 5578
Facsimile: (503) 813 - 5580
Wire Transfer: Bank One N.A.
To be provided in separate letter from
PacifiCorp to Seller
Credit and Attn: Credit Manager, Suite 1900
Collections: Phone: (503) 813 - 5684
Facsimile: [phone]
With Additional Attn: PacifiCorp General Counsel
Notices of an Phone: [phone]
Event of Default Facsimile: [phone]
or Potential
Event of Default
to:
The Parties may change the person to whom such notices are addressed, or their addresses, by
providing written notices thereof in accordance with this Section.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
in their respective names as of the date first above written.
PacifiCorp
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Exhibit A. Page 253 of 301
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EXHIBIT A
DESCRIPTION OF SELLER'S FACILITY
(Seller to Complete]
Seller's Facility consists of generator(s) manufactured by
-------· More specifically, each generator at the Facility is described as:
Type (synchronous or inductive):
Model:
Number of Phues:
Rated Output (kW): Rated Output (kV A):
Rated Voltage (line to line):
Rated Current (A): Stator: __ A; Rotor: A
Mui.mum kW Output: kW Maximum kVA Output: kVA
Minimum kW Output: · kW
Manufacturer's Guaranteed Cut-in Wind Speed [if applicable]:
Facility Capacity Rating: kW at
Identify the maximum output of the generator(s) and describe any differences between that
output and the Nameplate Capacity Rating:
Station service requirements, and other loads served by the Facility, if any, are described
as follows:
Location oftbe Facility: The Facility is located in County, Idaho. The location
is more particularly described as follows:
[legal description of parcel]
Power factor requirements:
Rated Power Factor (PF) or reactive load (kV AR):
Attach documentation of the power curve for the generator(s).
A-1
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EXBIBITB
POINT OF INTERCONNECTION I POINT OF DELIVERY I INTERCONNECTION
FACILITIES I TRANSMJSSION PATH
[Seller to provide its own diagram and description]
Instructions to Seller:
I. Include description of point of metering, and Point of Interconnection
2. Include description of Point of Delivery
3. Provide interconnection single line drawing of Facility including any transmission
facilities on Seller's side of the Point oflnterconnection.
4. Provide transmission single line drawing of the transmission path from the Point of
Interconnection to the Point of Delivery as the path is defined in the Transmission Agreement(s).
B-1
Exhibit A, Page 255 of 301
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EXHIBITC
REQUIRED FACILITY DOCUMENTS
Qualifying Facility Number from FERC:
The following Documents are required to complete this project:
Facility Site Lease
Easements:
Penni ts:
Executed Transmission Services Agreement with Transmission Entity:
C-1
Exhibit A, Page 256 of 301
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EXHIBITD
ENERGY DELIVERY SCHEDULE
(Project Namel
Scheduled Monthly
Enerzv Deliverv, kWh Average kW/month
Januarv
Februarv
March
Anril
Mav
June
Julv
August
September
October
November
December
TOTAL:
Planned Outages. Seller will provide a Planned Outage schedule annually not to exceed _
hours per per year.
D-1
Exhibit A, Page 257 of 301
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EXBIBITE
START-UP TESTING
Required factory testing includes such checks and tests necessary to determine that the
equipment systems and subsystems have been properly manufactured and installed, function
properly, and are in a condition to permit safe and efficient start-up of the Facility, which may
include but are not limited to:
l. Test of mechanical and electricaJ equipment;
2. Calibration of all monitoring instruments;
3. Operating tests of aJl valves, operators, motor starters and motor;
4. Alarms, signals, and fail-safe or system shutdown control tests;
5. Point-to-point continuity tests;
6. Bench tests of protective devices; and
7. Tests required by manufacturer(s) and designer(s) of equipment.
Required start-up tests are those checks and tests necessary to determine that all features
and equipment, systems, and subsystems have been properly installed and adjusted, function
properly, and are capable of operating simultaneously in such condition that the Facility is
capable of continuous delivery into PacifiCorp's electrical system, which may include but are
not limited to:
1. Turbine/generator mechanicaJ runs and functionality;
2. System operation tests;
3. Brake tests;
4. Energization of transformers;
5. Synchronizing tests (manuaJ and auto);
6. Excitation and voltage regulation operation tests;
7. Auto stop/start sequence;
8. Completion of any state and federal environmental testing requirements; and
9. Tests required by manufacturer(s) and designer(s) of equipment.
E- 1
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For wind projects only, the following Wind Turbine Generator Installation Checklists are
required documents to be signed off by Manufacturer or Subcontract Category Commissioning Personnel as part of the Commissioning and startup testing:
Turbine Installation
Foundation Inspection
Controller Assembly
Power Cables
Cable Installation Checklists including:
Base Section Tower Base Section
Tower Lights and Outlets
Tower Mid Section
Tower Top Section
Nacelle
Rotor
E-2
Controller
Top Deck I Yaw Deck
Tower Top Section I Saddle
Mid Section Cables or buss bars
Exhibit A, Page 259 of 301
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EXBIBITF-1
MOTIVE FORCE PLAN
WIND SPEED DATA SUMMARIES & HOURLY WIND PROFILE
Fl- 1
Exhibit A, Page 260 of 301
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EXHIBITF-2
ENGINEER'S CERTIFICATION
(1) THAT THE WIND DATA SUMMARIES IN EXIDBIT F-1 ARE ACCURATE;
_____ [Licensed Professional Engineer's certification]
(2) THAT THE AVERAGE ANNUAL NET OUTPUT ESTIMATE IS KWH
PER YEAR IN EACH FULL CALENDAR YEAR OF THIS AGREEMENT BASED ON
THE MOTIVE FORCE PLAN IN ExmBlT F-1;
_____ [Licensed Professional Engineer's certification]
(3) THAT THE FACILITY, UNDER AVERAGE DESIGN CONDITIONS, LIKELY WILL
GENERA TE NO MORE THAN 10 aMW IN ANY CALENDAR MONTH.
[Licensed Professional Engineer's certification] _____ _._
F2- I
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EXHIBITG
SAMPLE ENERGY PURCHASE PRICE CALCULATIONS
The following are samples of calculations of energy purchase prices using the formula and tables
in Section 5.1. (TO BE COMPLETED)
G-1
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EXBIBITH
Seller Authorization to Release Generation Data to PacifiCorp
[Interconnection Customer Letterhead}
{Address to Interconnected Utility]
RE:------ Interconnection Request
Dear Sir:
______ [Seller] hereby voluntarily authorizes [Interconnected Utility] to
share [Seller]'s generator interconnection information and generator meter
data relating to [Seller)'s Qualifying Facility located in the town
of County, with Marketing Affiliate employees of
PacifiCorp Energy, including, but not limited to those in the Commercial and Trading group.
_______ [Seller] acknowledges that PacifiCorp did not provide it any preferences,
either operational or rate-related, in exchange for this voluntary consent.
Name
Title
Date
H-1
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ADDENDUMW
GENERATION SCHEDULING ADDENDUM
WHEREAS, Seller's Facility will not interconnect directly to PacifiCorp Transmission's
electric system;
WHEREAS, Seller and PacifiCorp Transmission have not executed, and will not execute,
a generation interconnection agreement in conjunction with the Power Purchase Agreement;
WHEREAS, Seller has elected to exercise its right under PURP A to deliver Net Output
from it's QF Facility to PacifiCorp via one (or more) Transmitting Entities.
WHEREAS, PacifiCorp desires that Seller schedule delivery of Net Output to the Point
of Delivery on a firm, hourly basis;
WHEREAS, PacifiCorp does not intend to buy, and Seller does not intend to deliver,
more or less than Net Output from the Facility (except as expressly provided, below);
THEREFORE, Seller and PacifiCorp do hereby agree to the following, which shall
become part of their Power Purchase Agreement:
DEFINITIONS
The meaning of the terms defined in the Power Purchase Agreement (''this Agreement")
and this Addendum W shall apply to this Addendum:
"Day" means midnight to midnight, prevailing local time at the Point of Delivery, or any
other mutually agreeable 24-hour period.
"Energy Imbalance Accumulation," or "EIA," means, for a given Settlement Period,
the accumulated difference (beginning at zero (0) at the start of each Settlement Period) between
Seller's Net Output and the energy actually delivered at the Point of Delivery. Each Settlement
Period contains two independent EIAs, one for On-Peak Hours and one for Off-Peak Hours. A
positive accumulated difference indicates Seller's delivery of Surplus Delivery.
"Firm Delivery" means uninterruptible transmission service that is reserved and/or
scheduled between the Point of Interconnection and the Point of Delivery pursuant to Seller's
Transmission Agreement(s).
"Settlement Period" means one month unless changed pursuant to Section 9 of this
Addendum.
"Supplemented Output'' means any increment of scheduled hourly energy or capacity
delivered to the Point of Delivery in excess of the Facility's Net Output during that same hour.
"Surplus Delivery" means any energy delivered to the Point of Delivery by the Facility
in excess of hourly Net Output that is not offset by the delivery of energy to the Point of
Delivery in deficit of hourly Net Output during the Settlement Period. PacifiCorp shal1 accept
Surplus Delivery, but shall not pay for it.
W-1
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SELLER'S OBLIGATIONS IN LIEU OF THOSE CONTAINED IN A
GENERATION INTERCONNECTION AGREEMENT.
1. Seller's Responsibility to Arrange for Delivery of Net Output to Point of
Deliverv. Seller shall arrange for the Finn Delivery of Net Output to the Point of Delivery.
Seller shall comply with the terms and conditions of the Transmission Agreement(s) between the
Seller and the Transmitting Entity(s). Delivery of Net Output via non-firm transmission rights
shall be considered a material breach under Section 12.1.2 of this Agreement.
2. Seller's Responsibility to Schedule Delivery. Seller shall coordinate with the
Transmitting Entity(s) to provide PacifiCorp with a schedule of the next Day's hourly scheduled
Net Output deliveries to the Point of Delivery at least 24 (twenty-four) hours prior to the
beginning of the day being scheduled, and otherwise in accordance with the WECC
Prescheduling Calendar (which is updated annually and may be downloaded at:
http://www.wecc.biz/).
3. Seller's Resoonsibilitv to Maintain Interconnection Facilities. PacifiCorp
shall have no obligation to install or maintain any interconnection facilities on Seller's side of the
Point of Interconnection. PacifiCorp shall not pay any costs arising from Seller interconnecting its Facility with the Transmitting Entity(s).
4. Seller's Responsibility to Pay Transmission Costs. Seller shall make all
arrangements for, and pay all costs associated with, transmitting firm delivery of Net Output to
PaciflCorp, scheduling energy into the PacifiCorp system and any other costs associated with
firm delivery of the Seller's Net Output to the Point of Delivery.
5. Energy Reserve Requirements. The Transmitting Entity(s) shall provide all
generation reserves as required by the WECC and/or as required by any other governing agency
or industry standard to deliver the Net Energy to the Point of Delivery, at no cost to PacifiCorp.
6. Seller's Responsibility to Report Net Output. On or before the tenth (10th) day
following the end of each Billing Period, Seller shall send a report documenting hourly station
service, Inadvertent Energy (energy delivered to the Point of Interconnection at an average
hourly rate exceeding the Maximum Facility Delivery Rate), and Net Output from the Facility
during the previous Billing Period, in columnar format substantially similar to the attached
Eumple 1. If requested, Seller shall provide an electronic copy of the data used to calculate Net
Output, in a standard format specified by PacifiCorp. For each day Seller is late delivering the
certified report, PacifiCorp shall be entitled to postpone its payment deadline in Section I 0.1 of
this Agreement by one day. Seller hereby grants PacifiCorp the right to audit its certified reports
of hourly Net Output. In the event of discovery of a billing error resulting in underpayment or
overpayment, the Parties agree to limit recovery to a period of three years from the date of
discovery.
7. Seller's Supplemental Representations and Warranties. In addition to the
Seller's representations and warranties contained in Section 3.2 of this Agreement, Seller
warrants that:
(a) Seller's Supplemented Output, if any, results from Seller's purchase of
some form of energy imbalance ancillary service;
W-2
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(b) The Transmitting Entity(s) requires Seller to procure the service, above, as
a condition of providing transmission service;
(c) The Transmitting Entity(s) requires Seller to schedule deliveries of Net
Output to the Point of Delivery in increments of no less than one (I) megawatt;
(d) Seller is not attempting to sell PacifiCorp energy or capacity in excess of
its Net Output; and
(e) The energy imbalance service, above, is designed to correct a mismatch
between energy scheduled by the QF and the actual real-time production by the QF.
8. Seller,s Right to Deliver Supplemented Output. In reliance upon Seller's
warranties in Section 7 of this Addendum, PacifiCorp agrees to accept and pay for Supplemented
Output by treating it as Net Output for those purposes; provided, however, that Seller agrees to
achieve an EIA of zero (0) kilowatt-hours during On-Peak Hours and an EIA of zero (0)
kilowatt-hours during Off-Peak Hours at the end of each Settlement Period.
(a) Remedy for Seller,s Positive Energy Imbalance Accumulations. In the
event Seller does not achieve zero (0) EIA at the end of a Settlement Period, any positive
balance shall be Surplus Delivery and shall not be included in or treated as Net Output.
PacifiCorp will include an accounting of Surplus Delivery in each monthly statement
provided to Seller pursuant to Section 10.1 of this Agreement.
(b) Negative Energy Imbalance Accumulations. A negative EIA at the end
of a Settlement Period (indicating that the Transmitting Entity has delivered less than
Seller's Net Output) will not result in any corresponding compensation by PacifiCorp.
9. PacifiCorp,s Option to Change Settlement Period. In the event PacifiCorp
reasonably determines that doing so likely will have a de minimis net effect upon the cost of
Seller's Net Output to PacifiCorp, it may elect to enlarge the Settlement Period, up to a
maximum of one Contract Year. Conversely, if PacifiCorp reasonably determines, based on the
QF's performance during the current year, that reducing the Settlement Period likely will
significantly lower the net cost of Seller's Net Output to PacifiCorp, it shall have the right to
shorten Seller's EIA settlement period beginning the first day of the following Contract Year.
However, in no case shall the Settlement Period be less than one month. If a Settlement Period
does not coincide with a Billing Period, PacifiCorp shall deduct any amount paid for Surplus
Delivery during that Settlement Period from the Billing Period terminating concurrently or
soonest subsequently to the Settlement Period.
W-3
Exhibit A. Page 266 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Sunvnary Judgment
DRAFT
Example of Seller's Output Reporting Requirement
E F c (=Max(O,
A B (•A-B) D C-D)) (C-E)
Meter
reading
Meter Reading" at
Station Adjusted Maximum
Hour at Point of Power Gross Facility Inadvertent Net
ending Interconnection Meter* Output Delivery Energy Output
Day (HE) (MWh) (MWh) (MWh) Rate (MW) (MWh) (MWh)
1 7:00 0.50 0.01 0.49 1.50 0 0.49
1 8:00 0.50 0.02 0.48 1.50 0 0.48
I 9:00 0.50 0.01 0.49 1.50 0 0.49
1 10:00 0.50 0.01 0.49 1.50 0 0.49
1 11 :00 0.50 0.01 0.49 1.50 0 0.49
1 12:00 1.60 0.01 1.59 1.50 0.09 1.50
1 13:00 1.70 0.01 1.69 1.50 0.19 1.50
1 14:00 1.60 0.01 1.59 1.50 0.09 1.50
l 15:00 1.50 0.01 1.49 1.50 0 1.49
l 16:00 1.50 0.01 1.50 1.50 0 1.50
I 17:00 1.50 0.00 1.50 1.50 0 1.50
I 18:00 1.50 0.01 1.49 1.50 0 1.49
1 19:00 0.50 0.02 0.48 1.50 0 0.48
1 20:00 0.50 0.01 0.49 1.50 0 0.49
'If Seller shall show adjustment of Meter Reading for losses, if any, between point of metering
and the Point of Interconnection, in accordance with Section 9.1.
* Does not apply if Station Service is provided from the gross output of the Facility.
W-4
EXHIBIT A-20
October 5, 2009 email from James Carkulis.
Exhibit A, Page 267 of 301
Case No. PAC-E-10-08
Rocky MOllltaln Power's Motion for Summary Judgment
Case: PAC-E-10-08
Exhibit A to Rocky Mountain
Power's First Production
Request to XRG
Exhibit A, Page 268 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Exhibit A, Page 269 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 1 of3
Griswold, Bruce {Mkt Function}
From: James T. Carkulis [[e-mail])
Sent: Monday, October 05, 2009 8:32 AM
To: Griswold, Bruce {Mkt Function}
Subject: RE: Exergy OF PPA requests
Bruce:
I appreciate your comments but PacifiCorp Is rapidly encouraging growth on both the N-S path and E-W path at
Borah and Brady. The current 345kV line being installed which shall eventually make its way to Brady or Borah
[sorry, could not remember which] and the SOOkV Jim Bridger to the Idaho border line are very real projects.
Capacity in the not so distant future is very distinct and I maintain a good look at flow gives PacifiCorp much
latitude in where they can accept delivery. Maybe the key is to accept flow at the BPA 138kV lines and then
decide on what path or swap PacifiCorp would like to establish.
Thanks
Regards,
James T. Carkulis
COnfldentlal & Proprietary
Sticcessfully Merging Fre11 Marlc11l Principles with Socletal EJcpectatlons Exergy Development Group, LLC
[p] 208.336.9793 lf] 208.336.9431 [ml 406.459.3013 [el mtli@loicb com
This electronic or printed document contains information which (a) may be LEGALLY PRNILEGED, PROPRIETARY IN NATURE. OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and {b) is Intended only for the use of the Addressee(s) named above. If the reader of this message Is not the intended recipient, or the employee or agent responsible to deliver It to the Intended recipient, you are hereby notified that any dissemination,
distribution or copying of this oommunlcation Is strictly prohibited. If you hall'!! received this communication in error, please lmmedlately notify us by telephone, and retum the original message to us at the above address via first c:tass, express mail. Thank you
-Original Message--
From: Griswold, Bruce {Mkt Function} [mailto:[e-mail]]
Sent: Friday, October 02, 2009 5:02 PM
To: James T. Carkulis
Subject: FW: Exergy QF PPA requests
Importance: High
Dear James:
I have been in receipt of your September 18 email, in which you voiced your frustration at receiving only one of
six power purchase agreements (PPAs) you requested from PacifiCorp for six planned wind projects you are
developing, located outside of PacifiCorp's service territory and delivered to our system at Brady substation. I
apologize for the delayed response but in order to adequately address your concerns, I talked through the
transmission situation again with our transmission traders at PacifiCorp merchant and also discussed our PURPA
obligations with legal counsel.
As I explained previously, the point of delivery you propose (Brady substation) are remote sites that ·
Exhibit A, Page 270 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Sunvnary Judgment
Page 2 of3
ir.terconnect with PacifiCorp's system where the Company's ability to assimilate delivered power and move it
elsewhere on our system is very limited. As I mentioned, PacifiCorp estimates that the available transmission
capacity in its current configuration at Brady can only accept approximately 20 to 25 MW of new generation on
a firm basis. In order to accommodate your request to deliver the full 235 MW, PacifiCorp merchant must
request network upgrades from PacifiCorp Transmission, and we understand that such upgrades likely would
take four to five years to complete.
In addition to the physical obstacles to accommodat.ing your request, PacifiCorp believes that it has the right to
·specify a point of delivery onto its system that is reasonable in terms of its needs, and PacifiCorp reserves that
right. See Water Power Co., Inc. v. PacifiCorp, 99 Or App 125, 781 P2d 860 (1989). If you think PacifiCorp's
position is wrong, please explain your position, and the basis therefore.
If PacifiCorp does have an obligation to accept output at Borah and Brady, PacifiCorp will expect you to pay for
all resulting interconnection costs including network upgrades (either through an adjustment to avoided costs or
through payment to PacifiCorp Transmission) such that the ultimate cost to PacifiCorp's customers is not greater
than the cost avoided by PacifiCorp not constructing or purchasing an equivalent resource located on a non­
constrained portion of its system. See 18 C.F.R. §§ 292.101(b)(7)), 292.306(a). Again, ifyou disagree with this
principle I urge you to explain your position and basis therefore.
Your six proposed projects would wheel wind energy to a PacifiCorp point of receipt from which we have very
limited available transmission capacity to move the power to our network load. These projects from both large
and small qualifying facilities, raise several legal and technical questions for which PacifiCorp currently is seeking·
answers. PacifiC9rp has indicated it can accept a single standard Idaho QF project at Brady and provided a draft
PPA on May 11, 2009 that incorporated all Idaho orders through that date. You have indicated that you would
pursue project XRG-DP-10, LLC for this PPA. I have attached the project specs to ensure that is still the case. I
have also attached our updated draft PPA with the off-system addendum to reflect scheduled deliveries versus
. as generated deliveries. Please provide comments on this draft for your XRG-DP-10, LLC project including any
updated project information. We have not provided draft PPAs for the remaining five projects since it will
require substantial time and effort and, given the challenges identified above, PacifiCorp does not want to
undertake this effort if your projects have fatal flaws such as the available transmission issue identified. It was
my understanding from our previous communications that you were agreeable to move forward on a single
project and investigate alternatives, if any, for the other five; however your September 18 email could be
interpreted as a demand for a draft PPA pursuant to PURPA.
I would be happy to meet with you and your team at a mutually convenient time to discuss your remaining five
projects and determine a plan for addressing each of those in a timely manner should it be determined that you
can deliver to an alternate point of delivery where PacifiCorp can receive and deliver the power to its network
load on a firm basis or overcome the transmission capacity constraint at Brady. Let know if you would like to
schedule a conference call or meeting. Thanks.
Regards,
Bruce Griswold
Bruce Gri.swold
PacifiCorp C&T
503-813-5218 Office
503-702-1445 Cell
503-813-6260 Fax
Exhibit A, Page 271 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 3 of3
This email is confidential and may be legally privileged.
It is intended solely for the addressee. Access to this email by anyone else, unless expressly approved by the
sender or an authorized addressee, is unauthorized.
If you are not the Intended recipient, any disclosure, copying, distribution or any action omitted or taken in
reliance on it, is prohibited and may be unlawful. If you believe that you have received this email in error, please
contact the sender, delete this e-mail and destroy all copies.
=-=====-==--=-=====--========================= ========= =====�==============
Exhibit A. Page 272 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Exhibit A, Page 273 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Case: PAC-E-10-08
Exhibit A to Rocky Mountain
Power's First Production
Request to XRG
EXHIBIT A-21
October 5 to October 13, 2009 email exchange between James Carkulis and Bruce
Griswold.
Exhibit A. Page 274 of 301
Case No. PAC-E-10--08
Rocky Mountain Power's Motion for Summary Judgment
Exhibit A, Page 275 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 1 of 5
Griswold, Bruce {Mkt Function}
From: James T. Carkulis [[e-mail])
Sent: Tuesday, October 13, 2009 7:22 AM
To: Griswold, Bruce {Mkt Function}
Subject: RE: Exergy OF PPA requests
Bruce:
Thank you. The 15th would be a better date or on Friday morning the 16th. I do have two other conference calls
on Thursday with our turbine supply OEM and with IPCo.
James
Confldentlal & Proprietary Successfully Merging Free Msrl(et Principles with Societal e,,,ctatlons Exergy Development Group, LLC (p) 208.336.9793
[I) 208.336.9431 [m] 406.459.3013
(e] mUi@io:iCb.com
This electronic or printed document contains lnformallon which (a) may be LEGALLY PRIVILEGED, PROPRIETARY IN NATIJRE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) Is Intended only for the use of the Addressee(s) named above. If the reeder of this message Is not the Intended recipient. 0< the employee or agent responsible to deliver it to the Intended recipient, you are hereby notified that any dissemination, distribution or copying of this comrr,unlcatlon Is strictly prohl'blted. If you have received this communlcatlon in em)(, please Immediately notify us by telephone, and return the orlglnal message to us at the above address via first class, express mail. Thank you
From: Griswold, Bruce {Mkt Function} [mailto:[e-mail]] Sent: Monday, October 12, 2009 4:04 PM
To: James T. carkulls
SUbject: RE: Exergy QF PPA requests
James, let me know if we could discuss Wednesday the 14th and an available time for you.
Bruce Griswold
PacifiCorp C&T
503-813-5218 Office
503-702-1445 Cell
503-813-6260 Fax
From: James T. c.arkulis [mallto:[e-mail]]
Sent: Monday, October 05, 2009 3:36 PM
To: Griswold, Bruce {Mkt Function}
Subject: RE: Exergy QF PPA requests
Exhibit A, Page 276 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 2 of 5
Bruce:
We would be happy to discuss. Our partner and EPC contractor are in this week to Boise, so next week would be
ideal.
Regards,
James T. Carkulis
Confldentlal & Proprietary Successfully Merging Fr&& Marl<at Principles with Socletel E)(pecta#ons Exergy Development Group, LLC
[p) 208.336 .. 9793 [lJ 208.336.9431
[m] 406.459.3013 [eJ mtfj@IQ:l('.h com
This electronic or printed document contains Information which (a) may be LEGALLY PRIVILEGED, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) Is Intended only tor the use of 1he Addressee(s) named above. If the reader of thla message Is not the Intended recipient, or the employee 0< agent responsible to daUver It to the intended recipient, you are hereby nolifled that any dissemination, distribution 0< copying of this communication b slt1ctly prohl>lted. If you have received this communication in error, please !mmedlalely notify us by telephone, and return the Ollginal message to us at the above address via flnlt class, express mall. Thank you
From: Griswold, Bruce {Mkt Function} [mallto:Bruce.Griswok:l@PaclfiQ>rp.com] Sent: Monday, October 05, 2009 9:36 AM
To: James T. carkulis
Subject: RE: Exergy QF PPA requests
Thank James
I would propose we have a call on the constraints and include our merchant transmission trader to
discuss. Let me know your availability this week. I am pretty much tied up on meetings and other work
items until this Wednesday.
Bruce Griswold
PacifiCorp C&T
503-813-5218 Office
503-702-1445 Cell
503-813-6260 Fax
From: James T. carkulis [mailto:[e-mail]]
Sent: Monday, October 05, 2009 8:32 AM
To: Griswold, Bruce {Mkt Function} Subject: RE: Exergy QF PPA requests
Bruce:
I appreciate your comments but PacifiCorp is rapidly encouraging growth on both the N-S path and E-W path at
Exhibit A, Page 277 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 3 of 5
Borah and Brady. The current 345kV line being installed which shall eventually make its way to Brady or Borah
[sorry, could not remember which] and the 500kV Jim Bridger to the Idaho border line are very real projects.
Capacity in the not so distant future is very distinct and I maintain a good look at flow gives PacifiCorp much
latitude in where they can accept delivery. Maybe the key is to accept flow at the BPA 138kV lines and then
decide on what path or swap PacifiCorp would like to establish.
Thanks
Regards,
James T. Carkulis
Confidential & Proprietary Successfully Merging Free Marl<ot Prlnclplos with Sode/al Expectations El(ergy Development Group, LLC !Pl 208.336.9793 (f] 208.336.9431
[m] 406.459.3013 [el [e-mail]
This electronlc or printed document contains Information which (a) may be LEGALLY PRIVILEGED, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) Is Intended only for the use of the Addressee(s) named above. If Iha readar of this message Is not the Intended recipient, or the employee or agent responsible to deliver It to lhe Intended recipient, you are hereby nolifllld that any dissemination, dlstrlbutlon or copying of this communication Is stricdy prohibited. If you have received this communication In error, please Immediately notify us by telephona, and retum the original message to us at the above address via first class, express man. Thank you
-Original Message-
From: Griswold, Bruce {Mkt Function} [mailto:[e-mail]]
Sent: Friday, October 02, 2009 5:02 PM
To: James T. Carkulis
Subject: FW: Exergy QF PPA requests
Importance: High
Dear James:
I have been in receipt of your September 18 email, in which you voiced your frustration at receiving only one of
six power purchase agreements (PPAs) you requested from PacifiCorp for six planned wind projects you are
developing, located outside of PacifiCorp's service territory and delivered to our system at Brady substation. I
apologize for the delayed response but in order to adequately address your concerns, I talked through the
transmission situation again with our transmission traders at PacifiCorp merchant and also discussed our PURPA
obligations with legal counsel.
As I explained previously, the point of delivery you propose (Brady substation) are remote sites that
interconnect with PacifiCorp's system where the Company's ability to assimilate delivered power and move it
elsewhere on our system is very limited. As I mentioned, PacifiCorp estimates that the available transmission
capacity in its current configuration at Brady can only accept approximately 20 to 25 MW of new generation on
a firm basis. In order to accommodate your request to deliver the full 235 MW, PacifiCorp merchant must
request network upgrades from PacifiCorp Transmission, and we understand that such upgrades likely would
take four to five years to complete.
In addition to the physical obstacles to accommodating your request, PacifiCorp believes that it has the right to
specify a point of delivery onto its system that is reasonable in terms of its needs, and PacifiCorp reserves that
right. See Water Power Co., Inc. v. PacifiCorp, 99 Or App 125, 781 P2d 860 (1989). If you think PacifiCorp's
position is wrong, please explain your position, and the basis therefore.
Exhibit A, Page 278 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Mot.ion for Summary Judgment
Page 4 of5
If PacifiCorp does have an obligation to accept output at Borah and Brady, PacifiCorp will expect you to pay for
all resulting interconnection costs including network upgrades (either through an adjustment to avoided costs or
through payment to PacifiCorp Transmission) such that the ultimate cost to PacifiCorp's customers is not greater
than the cost avoided by PacifiCorp not constructing or purchasing an equivalent resource located on a non­
constrained portion of its system. See 18 C.F.R. §§ 292.10l(b)(7)), 292.306(a). Again, if you disagree with this
principle I urge you to explain your position and basis therefore.
Your six proposed projects would wheel wind energy to a PacifiCorp point of receipt from which we have very
limited available transmission capacity to move the power to our network load. These projects from both large
and small qualifying facilities, raise several legal and technical questions for which PacifiCorp currently is seeking
answers. PacifiCorp has indicated it can accept a single standard Idaho QF project at Brady and provided a draft
PPA on May 11, 2009 that incorporated all Idaho orders through that date. You have indicated that you would ·
pursue project XRG-DP-10, LLC for this PPA. I have attached the project specs to ensure that is still the case. I
have also attached our updated draft PPA with the off-system addendum to reflect scheduled deliveries versus
as generated deliveries. Please provide comments on this draft for your XRG-DP-10, LLC project including any
updated project information. We have not provided draft PPAs for the remaining five projects since it will
require substantial time and effort and, given the challenges identified above, PacifiCorp does not want to
undertake this effort if your projects have fataf flaws such as the available transmission issue identified. It was
my understanding from our previous communications that you were agreeable to move forward on a single
project and investigate alternatives, if any, for the other five; however your September 18 email could be
interpreted as a demand for a draft PPA pursuant to PURPA.
I would be happy to meet with you and your team at a mutually convenient time to discuss your remaining five
projects and determine a plan for addressing each of those in a timely manner should It be determined that you
can deliver to an alternate point of delivery where PacifiCorp can receive and deliver the power to its network
load on a firm basis or overcome the transmlsslon capacity constraint at Brady. Let know if you would like to
schedule a conference call or meeting. Thanks.
Regards,
Bruce Griswold
Bruce Griswold
PacifiCorp C&T
503-813-5218 Office
503-702-1445 Cell
503-813-6260 Fax
This email is confidential and may be legally privileged.
It is intended solely for the addressee. Access to this email by anyone else, unless expressly approved by the
sender or an authorized addressee, is unauthorized.
Exhibit A, Page 279 of 301
Case No. PAC-E-10--08
Rocky Mountain Power's Motion for Summary Judgment
Page 5 of5
If you are not the intended recipient, any disclosure, copying, distribution or any action omitted or taken in
reliance on it, is prohibited and may be unlawful. If you believe that you have received this email in error, please
contact the sender, delete this e-mail and destroy all copies.
=============================·========·======·== :=======·-=--=========== ===
This email is confidential and may be legally privileged.
It is intended solely for the addressee. Access to this email by anyone else, unless
If you are not the intended recipient, any disclosure, copying, distribution or any
=================-==================-========�================================
This email is confidential and may be legally privileged.
It is intended solely for the addressee. Access to this email by anyone else, unless
If you are not the intended recipient, any disclosure, copying, distribution or any
======================================================================== =====
Exhibit A, Page 280 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summa,y Judgment
Exhibit A, Page 281 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for SurMlary Judgment
Case: PAC-E-10-08
Exhibit A to Rocky Mountain
Power's First Production
Request to XRG
EXHIBIT A-22
October 27 to November 9, 2009 email exchange between Bruce Griswold and
James Carkulis.
Exhibit A. Page 282 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Exhibit A, Page 283 of 301 Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 1 of3
Griswold, Bruce {Mkt Function}
From: Griswold, Bruce {Mkt Function}
Sent: Monday, November 09, 2009 4:37 PM
To: James Carkulis
Subject: RE: update
very good - we will call your office number.
Bruce Griswold
PacifiCorp C&T
503-813-5218 Office
503-702-1445 Cell
503-813-6260 Fax
From: James carkulis [mailto:jcarkulis@exergydevelopmentcom]
Sent: Monday, November 09, 2009 4:35 PM
To: Grtswold, Bruce {Mkt Function}
SUbject: RE: update
Bruce:
Tomorrow is fine. Just got into Boise.
James .
Confidenlial & Proprietary Successfully Merging Free Market Prlnclples with Societal Expectstions Exergy Development Group, LLC !Pl 208.336.9793 [ij 208.336.9431 (ml 406.459.3013 (eJ ;cat1svris@exergydeyelooment oom
This electronic or printed document contains infonnation which (a) may be LEGAU.Y PRIVILEGED, PROPRIETARY IN NATURE. OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) Is Intended only for the use of the Addressee(s} named above. If the reader of this message is not the intended recipient, or the employee or agent responsible lo deliver ii lo the Intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is slridly prohibited and subject to legal action. If you have received this oomm1X1ication in error, please Immediately notify us electronically or by telephone, and return the original message lo us at the above address Via first class, express mail. Thank ),'Oil
From: Griswold, Bruce {Mkt Function} [mailto:[e-mail]]
Sent: Monday, November 09, 2009 5:33 PM
To: James Carkulls
subject: RE: update
James
I wanted to confirm that we are available for a call tomorrow AM - 930AM PST- 1030 MST. If you
are still available, let me know. If not then we can reschedule to next week.
Exhibit A, Page 284 of 301
Case No. PAC-E-10-08
Rodcy Mountain Power's Motion for Summary Judgment
Page2 of3
Regards
Bruce
Broce Griswold
PacifiCorp C&T
503-813-5218 Office
503-702-1445 Cell
503-813-6260 Fax
From: James Carkulls [mailto:[e-mail]] Sent: Thursday, October 29, 2009 7:32 AM
To: Griswold, Bruce {Mkt Function} subject: RE: update
Bruce:
I finish the EPC contract for starting construction next week on our current 220 MW in Idaho and then on to NYC
where we have successfully negotiated a 3 year 100% turbine and construction financing instrument of which
we are wrapping up for future projects beyond our IPCo projects.
The week after next would be best.
James
Confidential & Proprietary
Successfully Merging Free Market Principles with Societal Expectations Exergy Development Group, U.C
fp) 208.336.9793 (I] 208.336.9431 [m) 406.459.3013
[el k:adsulls@exergyttmloomeol com
This electronic or printed document contains information which (a) may be LEGALLY PRIVILEGED, PROPRIETARY IN NATURE, OR OTiiERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) is Intended only for the use of the Addressee(s) named above. If the reader of this message Is not the Intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication Is strictly pro/lt>lted and subject to legal action. If you have received this oommunicaUon in error, please immediately notify us electronicaHy or by telephone, and return the origlnal message lo us at the above address via first class, express mail. Thank you
From: Griswold, Bruce {Mkt Function} [mailto:[e-mail]] Sent: Thursday, October 29, 2009 8:27 AM
To: James Carkulis
Subject: Re: update
James
Sorry for the delayed response. Our trans guy has been unavailable. Could we target Monday or Tuesday for a
Exhibit A, Page 285 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment Page 3 of3
call?
Bruce Griswold
Ph 503-813-5218
Gell 503-702-1445
From: James carkulls <[e-mail]>
To: Griswold, Bruce {Mkt Function}
sent: Tue Oct 27 06:40:36 2009
subject: update
Bruce:
Update on the call, if you please 1
Thanks.
Regards,
James T. carkulis
ConfldenUal & Proprietary Successfully Merplng Free Market Principles with Societal Expectallons Exergy Development Group, LLC (p) 208.336.9793
(I) 208.336.9431 [m) 406.459.3013 [eJ k;adsufis@exerqydeyeloomenlcom
This electronlc or printed document contains informatlon which (a) may be LEGAU. Y PRIVILEGED, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) Is intended only for the use of the Addressee(s) named above. If the reader of this message Is not the Intended recipient, Of the employee or agent responsible to deliver it to the Intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication Is stncUy prohibited and subject to legal action. If you have received this communication In errol', please Immediately notify us electronically or by telephone, and retum the original message to us at the above address Via first class, express mall. Thank you
This email is confidential and may be legally privileged.
It is intended solely for the addressee. Access to this email by anyone else, unless
If you are not the intended recipient, any disclosure, copying, distribution or any
==============================================================================
This email is confidential and may be legally privileged.
It is intended solely for the addre.ssee. Access to this email by anyone else, unless
If you are not the intended recipient, any disclosure, copying, distribution or any
==============================================================================
Exhibit A. Page 286 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
EXHIBIT A-23
March 11, 2010 email from James Carkulis.
Exhibit A, Page 287 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Case: PAC-E-10-08
Exhibit A to Rocky Mountain
Power's First Production
Request to XRG
Exhibit A, Page 288 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Exhibit A, Page 289 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 1 of3
Griswold, Bruce {Mkt Function}
From:
Sent:
To:
Cc:
James Carkulis [e-mail]]
Thursday, March 11, 2010 5:41 AM
James T. Carkulis; Griswold, Bruce {Mkt Function}
Younie, John; 'Ken Kaufmann'; Peter Richardson; DeGrandis, Bill D.
Subject: RE: contracts
Bruce:
Good morning. Just a brief recap: In January of 2009, Exergy asked for standard rate avoid cost contracts for 4-
20 MW projects in Cassia County Idaho named XRG-DP7, XRG-DP8, XRG-DP9, and XRG-DPlO, along with 2 - 78
MW Qualified Facility contracts for Twin Falls County, Idaho Jack Ranch and JRl.
An Aurora model was to be prepared for the 78 MW contracts and the Rocky Mountain Power standard contract
for the 20 MW projects. To our knowledge, an Aurora model to establish cost was never prepared by RMP.
In May, we received a standard contract for 1- 20 MW contract and RMP mentioned that 22 MW was all the
capacity available at the Borah or Brady POR.
On November 10th, in.a conference call between RMP transmission, you, and I, it became clear if we delayed the
online dates to June of 2011, ample upgrade work·shall have been performed to allow all 4 - 20 MW requests to
be processed.
As of this date, March 11, 2010 we have not seen the other 3 contract drafts. Exergy shall take the original sent
for the 1- 20 MW project contract draft and replicate that for the other 3 - 20 MW projects in Cassia County.
We shall present a redline of all four projects as originally requested back in January 2009 for your review and
approval. Since the online date of our current projects with Idaho Power is end of 2010, these should fit nicely in
a continued construction cycle for Exergy.
Thank you for your consideration and work with transmission allowing this to be processed.
Regards,
James T. Carkulis
Confidential & Proprietary
Sucllsffi,lly Merging Free Marat Pri11ciplu wilh Societal �CJatio,u Exergy Development Group, LLC [p] 208.336.9793
[fJ 208.336.9431
[m] 406.459.3013
[eJ lcatkufls@exergydeve!Qpment com
This electronic or printed document contains inforrnalion which (a) may be LEGALLY PRIVILEGED, PROPRIETARY IN NATURE, OR OTHERWISE
PROTECTED BY LAW FROM DISCLOSURE, and (b) is intended only for the use of the Addressee(s) named above. If the reader of this message Is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dlsseminatlon, distribution or copying of this communication is stricdy prohibited and subject to legal action. If you have received this commooication in error, please
immediately notify us electronlcaly or by telephone, and return the original message to us at the above address via first dass, express mail. Thank you
Exhibit A, Page 290 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 2 of3
From: James T. carkulis [mallto:[e-mail]]
Sent: Tuesday, May 12, 2009 7:55 AM To: Griswold, Bruce {Mkt Function}
Cc: Younie, John; Ken Kaufmann
SUbject: RE: contracts
Bruce:
Thank you. We shall commence reviewing.
But, also as identified, transmission access is an issue which is not part and parcel of PURPA contract requests and XRG is convinced that issue can be dealt with outside of the requests for contracts. Therefore, XRG would
appreciate the tendering of the balance of our submissions. We have third party experts who have a high level of
confidence there is sufficient access currenUy or in the very near future.
Again, thanks and we shall be getting back to you shortly.
James Confldentlal & Proprietary Svccessfu/ly Merging me Morl<et Prin<:lples with Socletlll Expectations Exergy Development Group, LLC IPJ 208.336.9793 [fJ 208.336.9431
[m] 406 ... 59.3013 [el mHl@tn:iriJ,com
This elecironic or printed document contains lnfonnaUon which (a) may be LEGAU. Y PRMLEGED, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) is Intended only for the use ollhe Addressee(s)named above. If the reader of this message Is not the Intended recipient, or the employee or agent responsible to dellYef It to the Intended recipient, you ant hereby notified that any dissemination, distribution or copying of this oommunlcatlon Is strictly prohibited. II' you hive ,-lv9d this communication In error, please Immediately notify us by telephone, and return the original message to us at the above address \Ila first class, express mall. Thank )'OU
From: Griswold, Bruce {Mkt Function} [mailto:[e-mail]]
Sent: Monday, May 11, 2009 5:26 PM To: James T. carkulis
Cc: Younie, John; Ken Kaufmann
SUbject: RE: contracts
James
Please find the attached draft Idaho standard QF PP A to be used for a wind project. It should include all
the recent Idaho commission orders. It does not include Addendum W which is the bolt-on addendum
for an off-system project delivering to PacifiCorp. I will send that separately. Per our last
communication (attached), we indicated PacifiCorp does not have sufficient transmission at Borah or
Brady to accept any project greater than 23MW and you selected one project, XRG-DP I 0, that would
be developed into a PP A. Please provide a redline to this document with your proposed changes for
discussion. If you or your team, have questions on the PP A, please call.
Bruce Griswold
PacifiCorp C&T
503-813-5218 Office
503-702-1445 Cell
503-813-6260 Fax
Exhibit A, Page 291 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment Page 3 of3
From: James T. carkulls [mailto:[e-mail]]
Sent: Monday, May 11, 2009 5:35 AM
To: Griswold, Bruce {Mkt Function}
Subject: contracts
Bruce:
In January, PacifiCorp agreed the strategy with XRG was to have all 6 contract requests before the IPUC by the
end of April. To date, not one draft has been tendered by PacifiCorp. We realize these are exciting times and all
are very busy, but all the Aurora work should have been accomplished on JR1 and Jack Ranch by now, the 4 drafts on XRG-DP 7 thru 10 should be In our hands for review.
We would appreciate if we could receive these contracts for review and comment to move to execution.
Thank you.
Regards,
James T. Carkulls
Confidential & Proprietary Successfully Merging Free Merker Prlnclples with Socletel Expectations Exergy Development Group, LLC
[p) 208.336.9793
[f] 208.336.9431
[m) 406.459.3013 [eJ rolU@to·tcb com
This electronic or printed document contains information which (a) may be LEGALLY PRIVILEGED, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) Is Intended only for the use of the Addressee(s) named above. If the reader of this message Is not the Intended recipient, or the employee or agent responsible to deliver it to the Intended recipient, you are hereby notified that any dissemination, distribution or copytng of this communication Is strictly prohib"ed. ff you have received this communication In 81T'Of, please Immediately notify us by
telephone. and return the original message to us at the above address via first class, express mail. Thank you
Exhibit A, Page 292 of 301
Case No. PAC-E-10-08
Rocky Mountain Powets Motion for Summary Judgment
Exhibit A, Page 293 of 301
Case No. PAC-E-10-08
Rocky Mountain Po-war's Motion for Summary Judgment
Case: PAC-E-10-08
Exhibit A to Rocky Mountain
Power's First Production
Request to XRG
EXHIBIT A-24
March 12, 2010 email with attachment from Peter Richardson.
Exhibit A, Page 294 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Exhibit A, Page 295 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Page 1 of 1
Griswold, Bruce {Mkt Function}
From:
Sent:
To:
Cc:
Subject:
Peter Richardson [[e-mail]]
Friday, March 12, 2010 12:53 PM
Griswold, Bruce {Mkt Function}
James Carkulis
XRG-DP-7, 8, 9, 10 PURPA Contracts
Attachments: Document.pdf
Bruce this letter is addressed to both you and John Younie, but I am only forwarding it to you
with the request that you provide John with a copy. If you would like I can send it to John as
well. A hard copy is in the mail. Thanks, -Pete
Peter Richardson
Richardson & O'Leary
515 N. 27th Street
Boise,- Idaho 83702
[phone] .
Exhibit A, Page 296 of 301
Case No. PAC-E-10..08
Rocky Mountain Power's Motion for Summary Judgment
ATTOaKIYS AT I.AT
Peter Richardson
Tel: 20$-931·7901 Fu: 201·9Jl·7904
pHcr9rich1rd1oaandoltat1.com 1!.0. Box 7211 &oiu, ID 13707 • SIS N. 27d, Sc. Boik, ID 8.3702
March 12, 2010 Bruce Griswold
John Younie
825 NW Multnomah
Portland, Oregon 97232
Via overnight and electronic delivery
Re: PURPA Contracts for XRG-DP-7, LLC; XRG-DP-8; XRG-DP-9; XRG-DP-10
Dear Bruce and John:
Please reference the letters I sent to you in January of2009 requesting PURPA power purchase agreements forthe above referenced projects with an on line date of December
2010.
I understand that one draft contract was transmitted to Exergy in May. of 2009 with no
follow up with the other three contracts. In addition, in a telephone conversation between
you and Mr. Carlrulis in November 2009, it was noted that Rocky Mountain Power would
be able to accommodate these four projects without additional transmission upgrades if
the on line date were delay until June 2011.
Exergy is still prepared to enter into these contracts and has been so prepared since
January of 2009.
I understand that you are in the process of lowering the avoided cost rates with the Idaho
Commission. I am sure you can understand my client's interest in securing the requested
contract before the rates are lowered. Since we requested contracts over one year ago and
have followed those requests up with transmission interconnection requests. I believe
Exergy remains entitled to the current rates as of today.
Would you please either, (1) confirm our understanding that we are entitled to the current
rates and follow up with a contract containing the same; or (2) please tender an execution
ready agreement containing the current rates by return mail? Thank you for your prompt
attention to this matter.
Sincerely yours: ,,. r' ,.
_-'>��:,,,,-<·· �?t/·�"'._//·��-<--.- .... ... __ ;
Pete Richardson
Exhibit A, Page 297 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
Case: PAC-E-10-08
Exhibit A to Rocky Mountain
Power's First Production
Request to XRG
EXHIBIT A-25
April 13, 2010 letter from Ken Kaufmann, attorney for Rocky Mountain Power.
Exhibit A, Page 298 of 301
Case No. PAC-E-10-08
Rod<y Mountain Powe(s Motion for SunvnS')' Judgment
LoVINGER I KAUFMANN LLP
825 NE MultnOmah • Suite 925
Portb.nd, OR 97232-2150
Exhibit A, Page 299 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Sunvnary Judgment
office (503) 230-ntS
fax [phone]
Ken Kaufmann [e-mail]
April 13, 2010
J'lo U.S. MaJI 111111 d«tronJc """1
Mr. Peter Richardson
Richardson & O'Leary PLLC
P.O. Box 7218
Boise, ID 83707
[e-mail]
Re: Exergy'a lnqairy Reprdlng Power Pucbue Acreemeata
Dear Mr. Richardson:
On behalf of PacifiCorp Energy's merchant business unit (PacifiCorp Merchant, or
PacifiCorp), I am writing yo�PURPA legal counsel for Exergy Development Group, LLC
("Exergy")--conccming your March 12, 2010 letter, in which you requested a commitment
from PacifiCorp to buy output from four wind projects named XRG-DP7, XRG-DP8, XRG­
DP9, and XRG-DPIO ("Projects DP7-DP10") at the then-current avoided cost rates for small
(under 10 average megawatt) qualifying facilities (QFs). I understand the following regarding
Projects DP7-DP10: The planned facilities will be similar wind QFs with design capacities of
19.8 MWs. They will be located in Cassia County, interconnected to Idaho Power's system in
Idaho Power's service territory, and will deliver net output to PacifiCorp at its Borah or Brady
substation. They are scheduled to become commercially operational December 31, 2010. I
understand, further, that Exergy owns two more projects, Jack Ranch Wind Park and JR-1,
78.0 megawatts each, from which it also wishes to sell net output to PacifiCorp at either Borah
or Brady substation. Together, the six projects total 235 MW of new capacity.
To date there have been multiple communications between PacifiCorp and Exergy regarding
the above projects, starting with Exergy's request for four standard and two non-standard
power purchase agreements (PPAs) in January 2009. PacifiCorp agreed, in March 2009, to
offer Exergy one standard PPA; in April 2009, James Carkulis asked that PacifiCorp prepare a
PPA for Project DP-10; and PacifiCorp did so, in May 2009. PacifiCorp bas not offered to
purchase net output from any remaining Exergy project because PacifiCorp lacks the ability to
accept more than approximately 23 MW of new capacity at either its Borah or Brady
·substations and XRG has not offered to pay for system upgrades necessary to accept more
than23 MW.
When, after being told of PacifiCorp's transmission system limitations, Exergy renewed its
request for additional PPAs, in September 2009, PacifiCorp responded, in an October 2. 2009
email to James Carkulis, with a substantive explanation of its position. That email explained
Exhibit A. Page 300 of 301
Case No. PAC-E-10-08
Rocky Mountain Powe(s Motion for Summary Judgment
Mr. Peter Richardson
April 13, 2010
Page2
that PacifiCorp can only accept 20-25 megawatts of new generation at Borah or Brady; that
Exergy's net output required network upgrades to PacifiCorp's system, and that PacifiCorp believes that it is not obligated to purchase Excrgy'.s net output at prices (inclusive of any required system upgrade paid for by PacifiCorp) that exceed PacifiCorp's administratively .
determined Idaho avoided cost PacifiCorp offered to continue discussing the remaining XRO
projects with Exergy by working with Exergy to identify and address potential fatal flaws.
To date, Exergy has not clearly indicated that it seeks more than a mere option to deliver net
output to PacifiCorp. Nor has it indicated that it would agree to pay for any system upgrades on PacifiCorp's system necessary to move its net output to PacifiCorp•s system load. Nor has
Exergy, to PacifiCorp's knowledge, obtained transmission service agreements with Idaho
Power for any of its projects to move the power to Borah or Brady. PacifiCorp presumes that
Exergy continues to look to multiple utilities for the best possible deal for its projects' output.1
On November 10, 2009, PacifiCorp Merchant and Excrgy participated in a telephone call, in
which a planned upgrade to its transmission system in the vicinity of Borah and Brady substations, was discussed. However PacifiCorp disagrees with Mr. Carkulis's reliance on
that phone call to conclude that PacifiCorp Transmission will be able to accommodate all
Exergy projects after completion by PacifiCorp Transmission of the upgrade in mid-2011.
Before PacifiCorp Merchant will agree to purchase more than 20 MW of new capacity at
Borah or Brady, it must make a formal request to PacifiCorp Transmission and receive
confirmation from PacifiCorp Transmission that transmission is available. PacifiCorp
Transmission will charge PacifiCorp Merchant approximately $15,000 per project to perform
a system integration study. At that point, PacifiCorp Merchant will know when and if
sufficient capacity will be available at Borah or Brady to accept more than 20 MW of new
capacity. If capacity is available, PacifiCorp will buy whatever output Exergy wishes to sell.
If capacity is not available, PacifiCorp will still buy Exergy's output, provided that Exergy
pays for system upgrades necessary for PacifiCorp to move Exergy's power from Borah or
Brady to PacifiCorp's load.
On March 16, 2010, the PUC issued Order No. 31025, which contains new avoided cost rates
for PURP A contracts. Because the PUC made the new rates applicable to PURP A contracts
executed on or after March 15, 2010, the new rates would apply to any PPA between
PacifiCorp and Exergy for QFs under 10 average megawatts. This includes XRO-DPlO, for
which Exergy received a draft PPA in May 2009 but has not yet sent responsive comment to
PacifiCorp. In order to move forward with the XRO-DPlO PPA, PacifiCorp requests that
Exergy provide confirmation that the existing project information provided in early 2009 is
still valid. If it is still valid, please let PacifiCorp know as soon as possible and PacifiCorp
will prepare and send Exergy an updated PPA that conforms to PacifiCorp's current practice
(including a requirement that the QF post delay security). If the project configuration has been
updated, then please provide any updates to the project.
I Exergy's self�rtifications for its projects list Idaho Power only, or else Idaho Power, Avista, and
PacifiCorp (Rocky Mountain Power) as potential perchasers of Net Output
Mr. Peter Richardson
April 13, 2010
Page3
Exhibit A. Page 301 of 301
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Sunvnary Judgment
If, in light of the recent avoided cost rate revisions, Exergy still wishes to pursue PP As for its
remaining projects, it will need to demonstrate its ability to deliver net output to PacifiCorp's
system via firm transmission. PacifiCorp recommends a meeting with Exergy to discuss: 1)
XRG's firm transmission arrangements for its six projects; and 2) a process for determining
whether new transmission capacity scheduled to be installed in mid-2011 will enable
PacifiCorp to purchase Exergy's power without additional system upgrades (and therefore pay
Exergy the standard avoided cost rates established by the Idaho PUC), or whether additional
system upgrades will be required, and if so, what will be the resulting cost to Exergy. I
understand that this proposal may not be the quick and final solution your client prefers;
however PacifiCorp remains willing to work through the challenges presented by Exergy's six
projects if Exergy is committed to working with PacifiCorp on a deal that does not require
PacifiCorp to purchase output at a price that exceeds its avoided cost
PacifiCorp requests that all written communications from Exergy's attorney be copied to my
email address, above. If you, or any other attorney for Exergy, wish to talk with PacifiCorp
regarding this matter, please schedule an appointment in advance so that PacifiCorp may have
an attorney present PacifiCorp continues to welcome direct communication between
Exergy's non-attorney representatives. PacifiCorp will hold off responding further to
Exergy's request until Exergy bas clarified its intent regarding the matters raised in this letter.
cc (via e.mail):
James Carkulis, Exergy Development Group LLC
Greg Adams, Richardson & O'Leary
Bruce Griswold, PacifiCorp Energy
Jeff Erb, PacifiCorp Energy
Daniel Solander, Rocky Mountain Power
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
EXHIBITB
Excerpts from XRG's Responses to Rocky Mountain Power's
Production Requests
Exhibit B, Page 1 of 22
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
PRODUCTION REQUEST NO. 6
Please provide copies of all communications between any representative ofXRG or Exergy and
the Bonneville Power Administration concerning the XR.G projects. Does XRG currently have:
(1) rights to interconnect the XRG projects to Bonneville Power Administration's (BPA's) system; and (2) firm rights to. deliver all output from the XRG projects across BP A's system-to
PacifiCorp at Brady? Did XRG control such rights on July 29, 2010; March 15, 2010;
November 10, 2009; October 2, 2009; or January 2 l, 2009? (Please answer separately for each
dale).
XRG RESPONSE TO 'REQlJEST NO. 6
XR.G's communications with BPA are attached hereto.
�o R�-toioefy�jn
·Po.,.wer'Firs(��n_R�
6
I
Exhibit 8, Page 2 of 22
Case No. PAC.E-10-08
Roci<y Mountain Power's Motion for SUmmary Judgment
REQUEST FOR PRODUCTION NO. 32
Did XRG work on aspects of the XRG projects other than the PPA during 20 IO? If so please list
all milestones ( e.g, contracts awarded, engineering completed; permits granted, etc.) related to
the XRG projects that occurred in 2010.
XRG RESPONSE to REQUEST NO. 32
Despite Rocky Mountain Power's continued resistance to executing PPAs in 2010, XRG did
continue to work on the projects in 2010. That work included:
• Engaged third party environmental consultants who completed investigation into likely
endangered species impacts.
• Engaged in landowner negotiations, and maintained XRG's good standing on its leases.
• Continued wind data monitoring and analysis, which was initially commenced July 2006
with erection of met towers.
• Continued Sodar monitoring and analysis of wind, which commenced initially in 2008.
• Resubmitted Interconnection requests to BPA - 00411 (XRG-DP9 submitted 3/12/10),
and G0412 (XRG-DPlO submitted 3/12/10). Due to BPA's rejection of'these.submirtals,
XRG resubmitted the reque� tQ. comply with BPA's concerns. BPA accepted the
submittal for XRO-DP9r which now has a Queue No. 00445 effective on 12/6/10. XRG
is still awaiting confirmation from BPA on the submittal and deposit for the XRG-DPi O
interconnection. which it signed and sent to BP A on 11/24/10. ··
• Received completed interconnection system impact studies from BPA for Queue Nos>
00388.(XRG-DP?), G0395 (XRO DPS) and executed Facilities Study Agreements for
same ..
• Engaged a third party consultant to complete a microwave bean study fqr all4 projects, to
ensure the projects will not Interfere with any microwave tower operations,
• Engaged a third party consultant to complete a study coordinating with the National
Telecommunications an� Information Administration to ensure all 4 projects will avoid.
interference with g�v.emment systems.
• Initiated formal TSR process in order to become a BP A transmission customer ans}.
engaged in discussions with BP A transmission _personnel regarding PTP transmission
from the XRG projects to Brady substation.
XRG LbCs� RESPONSES TO�KY MOUNTAlNPOWER'S· SECOND SET OF PRoDuciloN REQUEsts -)�ac--E:1:0-os · · · · · · :. v,
PAGES
Exhibit B, Page 3 of 22
Case No. PAC-E-10-08
Rocky Mountain Powel's Motion for Summary Judgment
REQUEST FOR PRODUCTION NO. 37
Does XRG currently have rights to interconnect the XRG projects to Bonneville Power
Administration's (BPA's) system? If yes, did XRG control such rights on Decembenla, 2010?
On March 15, 201 O'l On November 10, 2009? On October 2, 2009? On January 21, 2009?
Please answer separately for each date.
XRG RESPONSE TO REQUEST NO. 37
XRG objects on the ground this request calls for irrelevant information. XRG maintains its right to obligate itself to PP As, and the risks inherent therewith, priorto securing interconnection
rights and transmission rights for the entire output. Reference, e.g., IPUC Order No. 32144.
XRO further objects on the ground that the request is ambiguous as to the meaning of"tightsl Without waiving these objections, XRG states as follows.
See XRG's Response to Request Nos. 31 and 32 for XRG's efforts and rights obtained regarding interconnection. The timing of the interconnection process with the PP A process has been ,
difficult, and has been made no easier by Rocky Mountain Power' s reluctance to execute PP As
for these projects since the PPA requests submitted January 21, 2009. XRG has 'initiated and
paid for several interconnection applications and studies since. 2006. Each interconnection­
application requires a $2,500 deposit, and each system impact study deposit is $5,000. Bach
Facilities Study deposit is $7,000. BPA additionally requested a $20,000 deposit for an
environniental study for each project in January 2009, which would have been an $80,000
deposit at a time when Rocky Mountain Power maintained it could not accept the output of aI14
projects. XRG has incurred substantial interconnection study costs, and, largely as a-resnlr ofthe
delay in secudng PPAs, has been bwnped out of its initial queue positions for these projects.
Nevertheless, XRG has continued to proceed through BPA's interconnectionprocess and has
current rights to interconnection proceeding through BP A's study processes.
In preparing this response, XRG discovered additional correspondence with BP A not provided in­
XRG�s initial response to Request No. 6. XRG has omitted confidential study materials for the .
reasons :�P!ained in XRG's.Response to Request No. 49. XRG h�by provides that additional,
correspondence-as XRG Attachment to RMP Request No. 37.
XRG LLCs' RESPONSES TO ROCKY MPUNTAW POWER'S SECOND·SETOP
PRODUCTION REQUESTS -J> AC-J:3-10-!)_8
PAGEJJ
Exhibit B, Page 4 of 22
Case No. PAC-E-10-08
Roclcy Mountain Powe(s Motion for Summary Judgment
REQUEST FOR PRODUCTION NO. 38
Does XRG currently have Firm rights as defined in the transmission service provider's OAIT to
deliver all output from the XRG projects across the transmission services provider's system to
Rocky Mountain Power at Brady for the full 20-ycar term requested in the PP As? Ii yes, please
describe the specific transmission p.rovider(s) and did XRG control such rights on December 14.
20 l O? On March 15, 201 O? On November 1 O� 2009? On October 2, 2009? On January 21,
2009? Please answer separately for each date. If no. please explain current status of transmission
service request(s) with the transmission services provider(s).
XRO'RESPONSE TO REQUEST NO. 38 c
XRG objects on the ground this request calls for irrelevant information. XRG maintains its right
to obligate itself to ,PP As, and the risks inherent therewith, prior to securing interconnection.
rights and transmission rights for the entire output. Reference, e.g., IPUC Order No. 32144.
Without waiving this objection, XRO states as follows.
See XRO's Response to Request No. 32 for XRG's efforts and rights to PTP transmission, ·As
expressed to Rocky Mountain Power many times previously, and most recently at the meeting
between the parties on December 7, 2010 and, in XRG's Jetter and attachments dated December
14, 2010, XRG is confident that transmission to RQCky Mountain Power will be achievable and
cost-effective. This is particularly so if Rocky Mountain Power agrees to accept conditional firm
transmission, which it stated it was able to do when the parties met on December 7, 2010.
XRt}tLCs' RESPONSES·T(l'ROCKY MOUNT.AlN�ROWER'S SECOND SET OF P�QD]JC:rJ.ON REQU'B$Tef- PA_C-E-10-08 ,. PAGE f:4° -
Exhibit B, Page 5 of 22
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
REQUEST FOR PRODUCTION NO. 41
Please describe and provide a one-line diagram of the physical path by which net output fron1- the
XRG projects will be delivered to Rocky Mountain Power's system. Please describe the total
transmission capacity on each segment of the path, the available transmission capacity on each
segment, and who owns each segment of such path. ·
XRG RESPONSE TO REQUEST NO. 41
XRG objects on the ground thisrequest calls for irrelevant information and documents not in the
possession of XRG. XRG maintains its right to obligate itself to PP As, and the risks inherent
therewith, prior to securing interconnection rights and transmission rights for the entire output. Reference, e.g., IPUC Order No. 32144.
XRO"LLCs'· RESPONSES TO ROCKY MOUNTAIN POWER'S SECOND SET OF
PRODUCTION REQUESTS-PAC-E-10-08 .,·.
PAGE_ 17
Exhibit B. Page 6 of 22
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
REQUEST FOR PRODUCTION NO. 42
Please describe what steps XRG must take before it has alegal right to firm transmission (e.g.
Finn PTP or Conditional Finn PTP) from the XRG projects to Rocky Mountain Power's system
in the amount needed to· deliver all net output for the XRG projects.
XRG RESPONSE TO REQUEST NO. 42
XRG objects on the ground this request calls for irrelevant information and requests a legal
opinion. XRG'maintains its right to obligate itself to PPAs, and the risks inherent therewith,
prior to securing interconnection rights and transmission rights for the entire output. Reference;
e.g., IPUC Order No. 32144. .
XRG Lt'Cs� 'RESPONSES TO ROCKY MOUNT AINPOWER1S SECOND SET.OF .i>RODU€TION REQUESTS �It&oi-:t 0-08 · . - . �· . ,_.
PA.QEJ8 --
Exhibit B, Page 7 of 22
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment
REQUEST FOR PRODUCTION NO. 49
Please provide copies of all agreements, correspondence and documentation demonstrating
XRG's proof of rights to (I) interconnect to BPA's transmission system, either now or since
January 21, 2008 and; (2) deliver net output across BPA transmission on a Jong-term firm basis·
as defined in BPA's OATI to the proposed-Point of Delivery with Rocky Mountain Power, either now or since January 21, 2008', for the XRG projects.
XRG RESPONSE TO REQUEST NO. 49
XRG objects orrthe ground this request is unduly burdensome and calls for irrelevant
information. XRG maintains its right to obligate itself to PP As, and the risks inherent therewith,
prior to securing interconnection rights and transmission rights for the entire output Reference,
e.g., TPUC Order No. 32144. XRG further objects on the ground that' the request is ambiguous as
to the meaning of''rights.'' Without waiving these objections, XRG states as follows.
See XRO's_Response to Request Nos. 31, 32, 37, and 38. To the extent this request calls for
interconnection and transmission studies, XRG will not provide the same. These studies are
generally confidential between BPA and XRG, as stated in the July 15, 2010 BPA letters
providing system impact studies. XRG has provided the interconnection queue numbers for the
projects where Rocky Mountain Power can view the public information on BP .A's OA_SIS
website. Eor on-system PURP A projects, Rocky Mountain Power C&T may not demand such
transmission studies due to FERC's requirement for functional separation of the merchant and
transmission sides of the Company. Rocky Mountain power has provided no reason why XRG's
off-system Qfs must provide more Information than on-system QFs to obtain a PPA. Therefore,
XRG objects to providing confidential interconnection studies.
XRO-BLCs� RESPONSBS·TO ROCKY·MOUNT AIN POWER�s SECOND SET OF PRODUCTION REQUESTS. .,-.JJAC;E .. 10�08, . - . '
J>��21·
Exhibit B, Page 8 of 22
Case No. PAC-E-10-08
Roclcy Mountain Power's Motion for Summary Judgment
REQUEST FOR PRODUCTION NO. 51
Did XRG ever apply to BPA for Firm transmission for the XRG Projects? What is the current
status of those applications?
XRG RESPONSE TO REQUEST NO. 51
XRG objects on the ground this request calls for irrelevant information. XRO maintains-its n'ght to obligate itself to PP As, and the risks-inherent therewith, prior to securing interconnection
rights and transmission rights for the entire output Reference, e.g., !PUC Order No. 32144.
Without waiving this objection, XRG states as follows.
Yes. See XRG's Responses to Requests No. 32-and 39.
XRG LLCs' RESPONSES TO ROCKYMOUNT AlN POWER'S SECOND SET OF
PRODUCTION REQUE$TS - PAC-E-10�{):'8: PAGE27 ·}·
Exhibit 8, Page 9 of 22
Case No. PAC-E-10-08
Rocky M� Jfer'�\�0f8'if&i¥��ii��nt
Collin Rudeen
From! Sent: To: �
SUbje,ct:
Hal.James L - TPC-TPP ... ([e-mail]) Th�. December 09, 2010 12:()Q PM Coln Rudeen; Taylor ,Eric K - TSE-TPP-2
Hanmn,Juon L • TSES-TPP-2; Glans.Dusty L • TPC-IDAHO FAUs RE: Badger Peak (00388)
Coltio.
I thinl( Eric Is )'OU( point of CQcit.act for a � requesi. Thanks James
Front: <:olln Rudeen [maittn:�a>rn] Sent: llusday, Oeamber 09, 2010 8:S4 AM To: Hal,.James L • TPC·TPP-4
lllbjct: RE: Badger Peak (G0388)
James, are you the rlaht person to ask •bout whfflint req�m? We1� looking to go from four of our projtcb on your
systern to the Brady .substation.
7�4..,,.,- .. � j! � • tt: CC�.....)'ra.t• ;;,r:x'-·� l"'• .... ,.,..¥1)_.'.:,tJ • !").<;!" ta., rA!' be, LC� -- Y ;:� ,..i/; ..:G:U. ?F,; :::- -,- ' :,,v '�-.w;:;e. � =-·:· .. -!!'...._ 5-: c. :i,r-=r-:,o tv :...t..:� -e;.�.!:,S!'.\.CS:.i:.:· �4:l<1 "'--.CtdC<"!,) te•�,nqt,..._ � .. 1"1 $} ..,�.ti,o.-. ·-·-�cu.d1:.c' -.·.imnv.,t ·i'.JQ1��·�·t�r',.o· 'l!te;r,:.:.,u::: ,1�<· "'00)t.r-.'.'l.lc111fl'tl I'» ·1-t ••• 'C.ct ·&e;,:.•·•. ;":!. �·• "*-'"3f ·e-'�:.,,r &r;•6ta<i:r :"!'.:·).· d&'r.bi; � ;i; �:,:; :"Mi :;_"1'lor.,._..-,:.��'$f.:r'� i:,:c.�·:..--M:, ,, /0� •ev,...oeVedll-A-:c--1"'.'.�:i,:, H,.<"./ :.&::.M :-;:i·•;S.:c.;t"q..ly ey�'!J:!1'1::'• �.dre,.i.,:�� :�,:t1l-$ .. c;�t,�a:.:.1a_c1::�,a- ·�·� "'r;t,*y�·. •
·-- - - . ·ft I ' _......,_,.,..._ -·- .-,-_. - - FnMn: Hall,)ames l • TPC�TPP-4 [mail\D:�._gov]
l4lnt: Wmiesday, � �. 2010 5:20'PM To: COiiin Rudeen
Cc Hammack,Debby • lPP-OPP.3;. Realca,Al�iette V • TPM-OPP-3; fiedler,Paul A-TPC-"fPP-4; <iaos,Dys:tY L-TPC­
IOAHO FAUS
SUbjed: RE; Badget' peak {G0388}
Collin.
Note Sec�Qn 1.-4 of the $G1P, in regards to e change }.n 1he reques1ed point qf illler�nection. lt ta� •may be deemed a
witfldlawal and reqwre. sut>m�ot·a � �ion �t''.
&,$ed upon SPA�� st�� of thfs issb&. changlng.tbe �. from BPA's �e SUbata�af HS k\1 to Raft� dsmbution tine _at 34.$. Wil- leSU!tln �I of U'le original .inte:CQMecti0t1 request ari<i requJ1·• a new
�O.feqt.l�\. ,
Exergys change in the POI is too e�me to�_BPA � ccmafder stlJdYing under the pt�S/�·
Thanks
�,s
1
Exhibit B, Page 10 of 22
Case No. PAC-E-10-08 Rocky Mountain Power's Motion for Summary Judgment
XRG Response to RMP 37 - paee 138
From: C.ollin Rudeen [mailto: J Sent: Wednesday, December 08, 2010 3:46 PM
To: Collin Rudeen; HaU,James L • TPC·TPP-4 . Cc: Hammacl(,Debby-TPP-OPP-3; Realk:a,Antanette V-TPM-OPP-3; Recler,Pau A-ll'C-TPP-4; Gans,Dusty L • TPC·
IDAHO FAUS
Subject: RE: Badger Peak (G0388)
James, j1,1st checking back in for clarificatior,. Your email below SOtlnds like to interconnect with- Raft Rtver instead o1 the
ldahotne Substation, wt! would have to start �r with a new queue position In the study "'ocess. That's not wlla� we'-d
talked about before. so I wasn't sure, Please advise.
Regard\;,
Collln Ructoe-n _.. • Pres:· E.:_: .., - t ... •'V a.;\l�r-:: • .. • Z , Fi,:;�r �.:;,• •. •: 5� :'::;:
�- '·.
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fn>m: Calin Rudeen
Sent: Monday, December 06, 2010 9:51"� To: .._,James L-TPC-lPH'
Cc; Ham�De,bby • TJ>p..opp.. 3; Realk:aJ,JltDIJ � V - TPM-OPP-3; Redler� A • lfC·JPP-4; Gaans,Dusty L - TPC· IDAHO FALLS $fbJect: RE: Badger Peak (G0388)
J�es., Just to be clear. you're talking about an ADOIT10NALinterconnettlOn reqt.mt. not withdrawing O\lt c:urre,it. Qtftlf� ou.robe:r and starting over?
a
� �- .......,...,_ -.- �:��·· t.."11'6·- ... -�"'"-.("""' Rom: Hall,Jaflles-l- TPC�TPJL4 [maittO:[e-mail]] Sent: Friday, December 03, 2010 12:13 PM
To: �n Rudeen
Cc: Hammad<,Pebbv-1PP-OPP-:3;-�,Anmiiett.e V • TJ!!M-OPP,,,3fAlder,Pauf A .. TPC-TPP-4; Gaans,Otsy L-TPC- IOAHO FAUS - SUbject: Rf;;"Sqer Peak(�}!
'l
Exhibit B, Page 11 of 22
Case No. PAC-E-10-08
Rocky M�e 'lf�b�e°r81f&l��i��wt
Collin.
Youve ootten teedt>ack from BPA since me email below through a number of phone conversations.
tias t1'M!t content or Jnt�ofyow Items 1 and 2 In yovr email below of Thursday, October 07, 2010 10:22 AM�?
fnitiallyWtth ycur item , ) belOw (We are NOT planning on ltllerconneeting at the ldahome Substation,} BPA has be&rl �ng th$ valtdity ot yoQr interc.-onMcilOo request ,o light of section 1.4 of the sarp {see bolOw).
lt J've heard c:orrect}y, 1t has since been determined that your fntended point of interconnection (PO() 18 on a Raff River
owned.sectionof34.6kV� tinewhtch as connteted back to BPA's ldahQme Substation. Is that correct?
If yes, n �that-a new smaD generaoon iQtffl:Onnection request 1$ required tor this proiect
V¢U< angina! roquest was to connect at Ida.home Substation at 115 kV. . A POI on Raft River's 34.5 kV distribution line wiU require a cltferent system modeling and studies.
Raft River dOff not have the ltaff to do system studiN nor do the}! have exteo$Mt data on the cha1acttfiata O! t� tines.
Wah no dG h chalacteriatics "W()tjd have IO be determined {i.e. via UDAR • Light Detection And Ranging) . .
Thanks
Best Regards, JIIJ:les Leonard H.all CUato-.r Service Engineering Bonnevill� Power Administration
...
Work phone: [phone] Cell phone: [phone] Secretary: 360-619-6075 F,AX: 360-61��6010 (Ple«5e leave a voice �il on my work phone that you have sent a FAX.}
Mail St.o�:, TPC-T.Pi>-.4
Email: Jl�[e-mail]
Post Office Address: PO Box 61409, TPC-TPP-4 Vancouver, WA 98666-1409
UPS and FED.EX Deliveries: 150-0 N • .E. 4lst Street, Suite 130 Vancouver, WA 98662-7905
SMALL GENERATOR
INTERCONNECTION PROCEDURES (SGIP)
1.4 �ogoftbe�onReattest _ _ ... ��to m�ine data or equipment configuration or to the intereonnection site of tti� Sm�JI . _ .. Gf!!'leratjngfacfljty not agreed to in writing by the TransmisSion PIQYider and the lnterconneqtoo �toroer,� ... av­
be deemed nwtidtawal oftbe Interconnection Request and may require submission of a new lnterton�
- 3
Exhibit B, Page 12 of 22
Case No. PAC-E-10-08
Rocky Mountain Powef's Motion for Summary Judgment XRG Response to RMP 37 - page 140
Request, unless proper notifteation. of each Party by the other and a reasonable time to cure the problems
created by the changes are undertaken.
From: Collin Rudeen [maitto:�com] Sent: Thursday, Odnber 07 t,2010 10:22 A14"
To: Hall,James L • TPC·TPP--4
Cc: Hammack,Oebby • TPP-OPP·3
SUbject: Badger Peak (G0388)
James.
Not sure ifl've had ,i chance to talk with you about this previously, but I've got two questions for you on our Badcer
Puk project.
1) We are planf!ing on interconneciing the project on a Raft River 34-5 kV line that go.s throu� t� project l.nd.
about 2 or 3 miles east of the ldahome Substation. We are NOT planning on intercoMeding at the ldahome
Substation. What impacts will this change have? Metering, interfacingwith Raft �iv..-. study of that 2 to '5 mile
section of line?
2) The System Impact Study Report on � pro� mentions reratlng the Minidoka - Bridge line b.twMn- 'th.
Minidoka and ldahqme Substations. �owever, Heber Carpenter et Raft River thought ttlat this s«tion.<>f line
had been rated pretty recently. Is that true? What are the chances that we will not be able to rerate this line
after studying it with lid.r?
Thanks for your tim•. F..t fr" to give me a call if you''<• got addition.I questions for me.
Cot!lnRudeen
-1;..w .:-�!t!C .. , i; ..,.n:::ist
$0� ... �-:x:<. ?S'l°R�:x 8c1S:. rv!S:C::!' O�e· <'O�-J&.g;!..,
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i a .. :;e""-a..: �� :i,!l&J • ·: -:� ·tf7 ....... -. . .,. -· t ... ·� .... � *'"'' --,; � .. � a.,-1 �-._.. .r. �1..t1•t"'.tJ.J.«-' �t _,, ':;'1f ��-<y.,.JT,��·.,..:,.: i:.. s sv.;w �=.:tti.. .. ,L�4
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Exhibit B, Page 13 of 22
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summary Judgment XRG Response to RMP 37 - page Jitl
Collin Rudeen
From: Sent To! �
Subject: Attlchment8:
Iii Coltin,
Ta�r.Eric K- TSE�TPP-2 [[e-mail]] Fr'tday, December 10. 20105:02 PM Col&n. Rudeen
Hardin.Craig A- tSE·TPP-2; Ten Eyck.Donna L - TSE$. TPP-2 RE: Wheeling Request Newcustomer.pdf
I cc'd both C� .Hardin al'ld Oonna Ten Eyck, who wiR be wot1w')g with Exergy O'I this reqvest, .cra,9 and Oorioa support
SPA tJansmisslon customers ,n ldatio, andwiff be tho OflllS wol1(ing with folks on generation at1d transmission teqoestsJn the area,
ihat being said, the first thu,g that Exergy must do prior to submitting a wheeting request is to obtain a 'f> lnt-to--PQim �ll'IQ Agreement, PTP agreements ate necessary lfl order ror customers to svbm,t transmisslon request�.. ,·� attached a business practice on becoming a SPA lra0sm1ssion customer. Prior to issuing a PTP Agreement, 1he
customer need$ l<>Mt submit some info to BPA. whtch is identified in the business practice. Exergy may have al'1N.dy submitted some of this Info when 1naJdng your Interconnection requests.
Craig, Donna and I wi!I work together to insure a smoottt transition. Please let us know if you have any questions. tb.:1,nl.<$1
Eric
�---..--...,...,...... __ ._._�•-•"-.•�w-·--- ........ ----..------.... ....... ---. From: Coltn Rudeen rma11to:qudeen�s;om1 � llusday, December 09, 2010 �1:38 AM
To: Taylor,Ertc K • TSE,,TPP-2
9111,Jeci: Wheeling Request
�ric, we'd like to request four wfo)eeling requ.ests - three for·:29 MW each on the Minidoka - Unity 138 kV line. and one
20 MW Ofl4' on the Minidoka - Bridge 138 kV line.
T�ks.
1
Exhibit B, Page 1• of 22 Case No. PAC-E-10-08
Rocky Mountain Powet's Motion for Surrmary Judgment XRG Response to RMP 37 - pace 153
Collln RudMn
From:
s.nt: To: lubfec:t:
Collin,
Hardin,o.ig A- TSE-TPP-2 [cahlrdlnObpe.gov) WecNldly, Ja,gry 06, 2011 4:AO PM Coln Rudeen RE: WhNlng ID Bnlt/
The $tudy tha SP A maylwin be performing wll be on the exidng 138 kV Ane that SPA owns and operates a.round the 8oriey area only.
Once the outpcJt of your proposed protect IMves the BPA 138 kV Point to Point loop at Minidoka or Adolakio you w fl be dolng transml'SSIOO oosmes, wlttJ Idaho Power. They own and operate the 138 kY line that runs from Adolaide to American FAUs near 8'ady 4n the Idaho Power 8alanelng Atea Authority. BPA la not a Balancing Area Aulhortty In this
region.
So having said that EJ<e<gy will need to contact Idaho Power to arrange tor transmlSIJOO wheehng servloH under Idaho POM:(a Tariff There it a pathway to get there as you .case u9if,g � Power's fldllliN.. but the avaitablkty of
tranamisseon capdy on Idaho Power's faC'iti• ii I clacussion that Exergy needl to have with Idaho Power as a
'1ansmission provide•
I have prOllided you wit"I ,ome contact information below11t Idaho Power Transmllsioo to initiate your wheoliJVJ �ns.
Rowena �hop@ 208-383-2658
K� toler @ 208-388·51 l 6
T�Cra,g
.....,_ c.omn Rudeen rma,Jto�oomJ
sent: Wedoesday, Jn,iry 05, 20113:17 PM Toe Hardn,Oaig A - TSE-TPP-2
lllbjed: 'Ntlettng to Brady
Cr-s,
At th. moment we'r• looking at wf)eeling these projects lo Brady. Outside of actually doir,g the whfflmg study, do you
know if there's a clear pathway to get there? I know there may not be capacity or will incur expensive upgrades -
mostly rm just we"ting tQ know if the �thwey is there.
Collin RUdNrt �ead �"O;.,.• Er9'r.e-, soew &r.:---.c..7(..-t2r.l F!ocr So:s,. 10 837f.Z Of·r;r. 200.::.36;i7S3 "= . ,.,,. , - -� -m
-; ·:1ui!;�·� • :,,;;. ·:-,c'<iz-e. ·,4• �.-4 -=---..c-,r ... • . .:.� ·.'ll!'"�bt �,...u_y;· .�..!alP � •• � );;.r"'I. ,.; � e e :;,,, o,..,�- ,.� �·,,., .. !!;;::Ci,· .: ·
r��A�-SCl.._��'�<�'"';:-t !·.:-�> ,-:·�t:..!;JVft--t,:..; .. '• • ..,.,...�f-...Y.r') #t�'i"U..�� � ........... r.c�-<:- ... s ,,,.il"U.-.-.:;;.�,: »t:"":.!) -
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•
Exhibit B, Page 15 of 22
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for S1.mmary Judgment
XRG Response to RMP 37 - page 154
Exhibit B, Page 16 of 22
Case No. PAC-E-10--08
Rocky Momtaln Power's Motion for Surrr'l\arf Judgment
Collin Rudeen
XRC Response to RMP 37 - p1ee 155
l'rom:
Sent: To: Subject: Atlllc:h..-118:
Collin,
Hardn,Craig A· TSE· TPP·2 [[e-mail]) Thursday, Jarwry 06, 2011 2:42 PM Colin Rudeen SPA Lener Regardk,g TIW1lfflission Asset Pa'l,mg. Transmiaion Alut MMlgement Plan.pdt
Anacbcd below is a letter from Hardcv Juj, Acting BPA Vice President of Planning and.Asset Management.
describing a aeriom plat10.»g situation BPA and its costomcn will be facing in the comln& years.
ln summary. BPA bas significantly iDcreascd its Capital Budget and work plan for the CUJTCDt and upcoming
fiscal yean. Bl> A's capital proaram has doubled and there a.re numerous internally driven projects that a.re
reqwred to meet reliability requirements. u well as replacing the aging BPA transmission system.
SimultaneoUSly. a 1arJe BIDOUDl of externally driven projects arc undtzway in rapon.se to Transmission
Services' Network Open Season and to generator interconnection requests.
BPA is employing numerous � to accomplish this wort. however; adding additional projects to e,cis�
wLdload will be challenging for us over the next few years. In an effort to muimize efficiency, BPA is
ooordin.ating design over a two to three year work plan which will result in k>ogei' lead times to complete �- BP A is requesting your assistance by requesting you provide advance notice of at least 3 ycm � in
some cases S yem for such projects. I realize this may be a difficult endeavor but apprcdale your support and
communication on new projects.
Please feel free to contact me if you'bave any questions or concerns.
Sincerely.
Craig Hardin
Craig Hardin
Tranimlalon Account Executive Bonnevile Power Aoninlstration 7500 NE 41st Str-. Sule 200 Vancouver,. WA 98862
380-61 M011 office.
3e0-852-&489 cell
1
Exhibit B, Page 17 of 22
Case No. PAC-E-10-08
Rocky M�tain Power's MotiQJl f9.r Summary Judgment XKG Response to KMP 37 - p1ge 163
Col8n Rudeen
l'rom: Sent: To: Cc: SubfKt:
Hammack.Debby· TPP-OPP-3 [dhammad(@tipa.gov) Friday, Jan.,a,y 07, 2011 3:23 PM
ColnRudNQ RIUQIA,Cherlyn C • TPC-lPP-4; R�ette V - TPM-OPP-'3 RE: G0388 Study Delay Notiftca!lon
You �ily � to go to �ma tor the LIOAR yoo Mt flnandog. The LIDA� doesrlt otlset anythtng. It jµst telJs us If·
the ex1Sting line has tht capacity to su,PP<>rt your p,oJect, If it doesn't. you wil have to choose a different F>olt'lt of
tnterooonectioo.
Bon� Power Administration Transmi4S4oh Plailnfng
{360) 619.es.tS
•••
,._,: �n � [mallto:audeerl4Jle)(erUYdCM!lcXJmtri.oom)
Sllftt:'Fflday, � 07, 2011 2:17 PM
To: Hammad<.Oebbv - TPP-OPP-3 sut,Jec:t: RE: G0388 S11JdY Delay Notiftcat1on
Debby,
For this UDAR st�. ca�_yO!.' tell 1:1s � will we.know if �e need to only go lcf�ome,. orif it's got"rte:be �II theway�o
Bridge? And can you point me to where fn the SIS It spells oet the cost of el(actly what this LiOAR �tudy will be
offsetting?
'thanks,
'Y
.comn Rudeen � ?t�;ect �-Oli... . 8()2 W Batl.1Qek; "�PhJc �: JO 837t, Ct'l--:e· �-13�.97�6 .,.., ;;�· :,..,:':.;l'>-'ev; ·,E._·, ;··-·
-:rto,�-;.� � r.:."'J�!.;;:.,l;!'l'lt"':��Wh!;l,��'*1.e�Y.�f..X:t.....,,·. F""""�AAY ,; ,r ;"'; � o,,-;::;,.�-���-i!'lt(t,J,tJ:, �-ct,tt+.3(.�:i'ti a,r,j ,t>r,$ :."c-!o��J� Z<I :;u' Q! :l'i-��·�-; ·:.+� @\'t, JI!"£-�� t;l',f:$ :�a:;£.!':' ""f �,.: ·�.-:·.:.:;��,01.�:gj',flirlt'
�J'e$'.l�-��(!.,,e;;1� ·:e.�* ��� . .;,�i-M�"j_x;.._C&�-C.f.:'?:isV:' 'i:iJ�· . .:;i;:�.-�·�!�"Q-Cl. -.� '"':·"1.(.-'$,p;'ll.�&<1 :;•�'t'W !fr:;� �1:,11·,o1���-\1��--���-(l;i";o_,;.;.,� . - .. ��ll'�·O('¥t',.,.•--q; .. ,:,.n.a..;r..��.,.';,r• � .. ��
-· � u .... � � , �. � ·�� .. w ..... �t,,,�-
.ff(Mq: �rOierlYn C • TPC .. � [tnailto}�.gov] � 'Th.nday; � 06, 201110:12 AM T0t -� - �3; Calin Rudeen
r
Exhibit B, Page 18 of 22
Case No. PAC-E-10-08
Rocky Mountain Power's Motion for Summa,y Judgment XRG Respoase to RMP 37 - pace 164
Cc: Hardln,Cralg A - TSE-TPP-2; HaU,James L - TPC-TPP-4; Cosola,Anna M - TPC-TPP"'4; Matthews,Oludc • TPP-OPP-3;
Realica,Antx)inett V • TPM-OPP-3 SUbj«t: RE: G0388 Study Delay Ndfflcadon
Got some numbers on tile UDAR. Not as bad as I had feared. ThNe an ,ypical'" 8NfflalN baSed on recent proiects.
The SPA labor shown Is for the surwy grow> to._. the raw numblf'I and put them Into a format � can be read tJy'
most GIS programs. No overhead is induded and I undlrltend 1Nt the COit fOt' the lddtional 'M)rt( to get� GIS oat.a imo maps and plot plans that the Jine designers can use is also not inc:ulded. so the flnel numbefs lot genino to a· po1nt
wh(Ue. the hne-Qesigners can be involved would probably be dose to double what's listed below. St!U nownere near as
bad as I tnought
Minidoka - I� =24 milesAACF (scalecl from eGIS map)
BPA labor cost= 24110*4 = 10 staff days= at $528 pa day average= $5.280
LlDAR cost = 2*24*883 = $42,384
Aircraft = $5,000
Grand total=� ( approx. $2,200 per mile)
k .. .. ... .... ...... +t . l •
Minidoq - Bridge= 45 miles MCF (lcaJed frolu eGIS map)
BPA labor cost= 45/1�4 = 18 staff days= at $528 per daJ.a�. = $9,504
LiDAR cost - 2*45*883 = $79,470
Aircraft = $6�000
Gr:and total= $94,947 ( approx. $2JOO per adle)
,I
It
From: Hanrnad(.Debby • TPP-OPP--3 Sent: lluSclay, December 16, 2010 9:0S AM
To: R.andafl,Qlefityn C-TPC-TPl4; 'Q:,lln Rudeen'
Cc: Hardin,O'aig A - TSf. �2; HdJame$ L. - TPC·TPM; c.osda,Ama M - TPC-l'PP-4i Mattt.ews,Chuck - TPP-OPP-3;
Reallr.a,Antol� V - lPM-OW-3 $UbJect: :RE:· G0388 Study ee&ay �
We need at le¥t from Minidoka to the ldahome T1p, nut I WCldd be riot to Q9t a leOOnd � th.at CCMQ Ml'lidoka aft the �y to Booge. · · ·
..
Exhibit B, Page 19 of 22
Case No. PAC-E-10-08
Rocky Mountain Power's Motioo far Summa� Judament XRG Kesponse to RMP 37 - page 165
fl'OIII: COiin Rudeen Imalto:audeertOem�oom]
Sls,t: Thtnday, December 16, 2010 8:38 AM
To: 'R.andal,Cherilyn C - TPC·1'P-4
M;fect: RE: G0388 Study � NoUftcaUon
A Jairly serious price tag. Carwou pt a preliminary bid like-you mentioned? That would be great.
Th.anb.
Collin Rudeen f lead Pro;� £-,_�··-:e0•
802 W Banr.ocl<. 12!r-F:c�, 3cise. 10 6J;,;Z �..e: 208 338 � "' � "". . :� e.·��1':e. t r;.c,r·
T • • uz�t'C e �·; ;«.,;- r· � ....,.,-t . irlilot! � £•} ��Y c. l#3Al .. v �-V'lEO.C::, :,;:,- .. rA.�Y :; AA TtJFi, .c,;: or�.ViS, o;,('. rrcri;o.ay uw ;�,tCSCl�"t:..:. *'O� •S "a;:�?O<"i'�·�:.Mo"N�tttat!t' :t'!'A<lt..�e. ·� "?!.�-r·O:ta,irtn:;,t stNt,:t>u',:1""0t�� • ·�·.e; ·�·�IOtf#?r .. _,.�! "Otc��l?�!l'tr �·u�� ·"'� .i·: ;e:. ,-,.. 1>"1t:y r.etf.t::l\t.i1 t) ::·u, ... :,,.r..�- � t ;:ro:-(,:�.-rn· *tr.c:,- • ·.��·.xuu:, :)'?"·}'${\, "y�. ft-..uc.;f"*' , .. , -..-- ..-:..-r;:I' "., ... �.ue�:1.-...(r�·t ., litea.11e-:,.•a. � .... -. T...,. ;•;,,i -un:t"te ..f It'. :;"t-aoc,.,, • -, ; • ·•....,js 'l'hlll'".'!;:,
- ·--"'4 .,....._ - . ---- From: Randal,ClarityT'I C • TPC·l'PP-4 (maBtD:a:randaUCPbpa.gov] s..t: llusday, Oecember l6,, 2010'9:34 AM To: c.olii Rudeen; Hemmedt,Debby • JPP-OPP-3
Cc: Hardln;O'alg A-1SE-1PP-2; Hal,James L -, TPC-TPP-4; Cosola,Aona M -1'.PC-TPP-4; Hatthews,Oluck • TPP-OPP-3;.
Reallca,A11tol11ette V • lPM-oPP-3
5ubjed: RE: G0388' study � Notlfk:atjon
Well, first, we need clear ground. Hu.it snowed out there ahady?
s«»M. wt�'*' N }at) out U> our LIOAA cbnttadOII- � M have a few we wo,1t wtth on s cegular basi, The !Mt l.iOAR Job we did tot a situation lib U.. eost about $400k. Of caurse. lhat was for about .200 mllea of line. $11, just to 091
a helipcopter crew out there. tegatclen of the number of mifes to be surveyed. cosis atouod �- I can get a:
pn,iWdnary bid Jrom Ule �ac;t(!fl with oo � on your part, tM to actually go ttvc>ugh with � sn,dy. )'Q\.t._\ltO��
have to Put up the money. So If yOU're serious ebootthit� tl)en after we get a P('ellmina(Y bid,, we'd� an agreement In
place and you would have to front the e.asn. OfWe we have me payment in hand. w. �nd the ®ntracto,- OlJ't to do the
study, and then our in house group takes-the raw data andoo� i1 toawmputer model otthe line. and t� our line
group _ana!yz� ct Tile whole proc:eu can take UtrM to fotJr mooths. longef d we ha.Ve to wait for �r grourid, Hope that
explains it well enough,
"TM11� .. Cherilyn
- -, ' - From: c.ollin Rudeen [rnalto:audeel�c:.xm] sent:�, ��.-�6, 2010 8:il AM
To; Randallr�:-;;�-TPP-4; �Detpf •_l'W-OW-3 _ . _ � Hardi\OalgA-- J'SE-.�2; HalJal'Qes L • TPC-TPP-4;·<:o$da,Anna M-TPC·"TPM; �,Qux .. ,�;
��ltDtl"ieU;e V -TP�3· SUlijeQ: RE: ·GQ388 Sllxt/ �·f ltotffication
Thanks for your responses. Sound likt (Nd must ha"! been mtstal<en. What wilt I\ ta_ke to initiat.� a lid�r St'!,dV?
Exhibit B, Page 20 of 2.2 Case No. PAC-E-10-08
Rocky Mot.wltain POll't'ef's Motion for Summary Judgment
XRG Response to RMP 37 - page 16'
Coutn Rudeen .xad or:,_ ,ct EOG:1,eer SC2 ';,• oatil'lOCi<. � �I!' Fl�:r Boise. ID 03702 0-.�: 2CE.1Jc.979'3
l,!. " �- .. -
-;-�i. ...... n::.: � � ·� "':. - 0er � ,, '•;: -?. .,.. .,·-=· i1 '"" ••• ::.�:., -,; ./,.tOII":; r �J°"::I �--A.�Y"" r.:.,· J=I':. �o.-:;:: '!'SE- PP.o· ... ·:n!Y�W
-::p(., 4:. � ::.::lS... . 41,.,ct�; s; "'.,;t , • .., :: y..:. :.·'" ,- :r , • .:�,_ .. --:.-iti-f"., -''"".: aV.1�� •1 ..... it..i ... :J. it, �t-£ !e,: ':"'J �n�J' :ie-: t. tll' ·r� �"':-;·,...er 1 ... -; ... :. .. ::3�.::. : ;,,t,,1 • c ... �, ;� .. ._,, �..,,. ;(..�tt•:-..,. ·"/ .: ;&e!ft1 .:i-;t"H•':' r-C-� �,··=:.. ... ��,cJ � .. Y' ... � ;• � .. .:,ce,."'t.: ...t. � �&-:rrc· �·� :.•· ... »c .,c·
-: .. 5 � .. :t: !,,, ::� .1 • tt:P.'. �· :.t�� �·�,.·,�, •• sy �.,. J:,,, � ..... ,..1 :rt ,_..,c •T.l.:"° rt:·,:"'&:"=�-, .... ·o· .. ,·lt:.1'¢ .;��" !' "'" 11. .. .; ...... ,,. -. ... �� ·-------------- From: Randall,Olerttyn C • TPC·TPP-4 [malltD:c:aandallObpe.gov)
Sent: Wednesday, Dea!mber" 15, 2010 4:54 PM To: Hammadc,Oebby • lPP-OPP-3; Collin Rudeen
Cc: Hardln,Qalg A - TSE-TPP-2; Hall,.James L -TPC-lPP-4; Cosola,Anna H • TPC-TPP-4; Mltthews,Chudc -TPP-OPP-3;
Reallca,Antolnette V - iPM-OPP-3
SUbject: RE: G0388 Study Delay Notification
I haven't heatd about $tlY lidar atudies. If 90ffl6 have been �ed. I'd St.Ire li(e a copy ol the rtsults.
fronl: Hammack-Debby - TPP-OPP-3
Sent: Wednesday, Oeoember 15, 2010 3:36 PM
To: 'Colhn Rudeen' ec: Hardrn,Craig A - niE-TPP-2; Hall,.James L - TPC-'TPP-4; e.oso1a,m-e M - iPc-TPl4; Mltthews,Ou:.k. TPP-OPP-3; Realc:a,AntQinette V • l'PM-OPP-3 �
SUbject: RE: G0388 study, Delay Notification
H1 Collin -
ff LIOAR studies nave been�. I h,,wn't neo,a abo1,1t iii T� Pfarning has not c�� any�
data. Ct*JQ • -have you be�rd '*"ythid.J from Raft Ri• about a lbnt LIOAA sa�
froln: Cellio Rudeen (manto:��com] s.nt: Wednesday, C>ec:eniJer 15, 2010 3:32 PM To: Hammacx,J)ebbv- 'fPP,,()PP:-3
Cc:·Hardin,Qaig A· TSE-,W.2; Hal,)ames L .. TPC·ll'P-4; �,Anni M • 11>C·'TPM; Matlhews,Ou:lf· TPP-Of!R..�; Realka,Antooette V - TPM-OPP·-3'
SUbject: RE: G03S8 Study Delay Notification
Yes, I asked James al:xnJt that i'While ago. Chad Slade from Ra�River �emed to thinlt that the line ·hac:t"recently, l,8n ,�
rateq_ --or at l&attJid�r-stf.fdit� h:� been «>mpfett(i_ - �nd tbat the-c;t\antes of r�&. t� line based on a newJid�r .
study seemed pretty r.emote. ls tbita.'-curate?
f Co�Rudien ' ·l.4� ?:�: � .. 1.11.,,
r �nv:&:-.r.�!, 12r.·, ?!!OQ: 3oise. �R2 . ·��: 2Qa.3.��?7�
-rl-, ��-1:-.s_. ... : �·��·-nt.-�-!�
•
.. ,·
. •"'
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Exhibit B, Page 21. of 22
Case No. PAC-E-10-08
Rocky Mountain.. Power's Motion. f.Q[ Summary Judgrrient XRG Response to RMI' 37 - page 167
fftm: Hammad<,Debby • lPP-OPP-3 [mailr>:dlhamrnad(@bpa.gov] r
Sent: Wednesday, December 15, 2010 4:30 PM
To:C.olin�
Cc: Hardln,Oalg A ... 'TS2--TPP-2�,James L • TPC·TPP-4; Cosola,Anna M • TPC-l'PP-4; Matthews,eoodt- TPP-Of'P-3; Realca,NtoiM!tte V • TPM-OPP-3 .
Subject: RE: G0.388 study Delay Notification
Hi Calin� ..
Plea$e be aware thlt we 8'lo need the re-rating lnform•don on the�� PH-Btldge lio&. OtheNrise. the
information from he SIS stating that 'there 1' no availcible ca_pacity still stands.
Tnanky0u
7)�,;11�
Bonn�ville Power Ac#nln&tretion Yra.'lSmission P1ann!nQ
[phone]
Cof1Jn Rudeen i.., .. bO ,:,J,..,.. C'•M'r--
8il2W av-:;��,;�·; 2:" -=.c�; 3�!s�, JO �i02
OJf1C�· 2{!3.?'?� a,;�
,\,": �!'t:S�Ori· � � .. -� ..... �, ...
-�1 ,.._..-.:?:\..'!':� :.tJ.ir� c·-"' --·�· -· ·>--;"1.. ': -•·���·rt; -'«iy � ,..:;� ... � Y =-�1,/ �t:�: "":�:-;,.e;r�.:..t"JJ,t '\, ... - ��c.:; -- ..... ;rfiEE ��-- .. :·{�!YBf,U\fJ ""'))-• �-£:r;;_:;S-� r.:c.tc: ,1i�;...,1 ,.;· - .. ·� � , •• A7.�""* ,j :<i;,.,.,c:'"a»4> •:'>1 ..... -· .. ·�l '.l!',J �· I "¢:t'"� "-'.tr.i:,r l':"�il1,<r. s; ··�»'!!;1tiq;f �� .... ·l-�0:-"'�:-'1'!.:.-�·* �l:>�� '..n1��4 ;'"X,.·��···•�-;-,-·J�:;u?._,"1Y�4��#t:Y,0:t:/t �-,.:_ ��;�·.g� ·-�- �.;,,":·"":'.:- t"-:.'J''t;/;.,!: .• ,.$ .. ,:p\.1
li',t!W'\ �; ""'�,;--"'"""-"'���.-�-..��&4:�J'.::" .;;.::., ·, -·:·�� v.d,•:.�···.���'� ,,s�;:,:, .� .. tlls�-:: e'"'l;. �!��·"""Jt" ��- � ..... � �� �-� Fronl: Hammack,Debby - �3-(rrialMX>:[e-mail]] Sent: w�, oec.nbii 15, 2010·2:01-PM. .
T« Collln Rudeen . . . . . ec �n,QalgA-�TPP,-2; Hal,James L '!'1PC:-lff4; Cosda,.Anna M .. qec-�; Mat#ll!WS,etu.n·- �l;
�� v-TPM-OPP-3
� G0388 Study �-Notificatk>n
To eXergy Development grqup-(XRG�:
Exhibit B, Page 22 of 22
Case No. PAC-E-10--08
Roclcy Mountain Powe(s Motion for summary Judgment
XRG Response to RMP 37 - pace 168
This e-mail serves 8.J our notification to XRG (per Section 4.1 of the Small Generator Interconnection Proceduro • SGIP)
that we will not complete the Faciliti� Study for the generation interconnection request number IGOS88, (Agreement 10TX·14597} byOecember 17, 2010.
Section 4.1 of the SGIP states that the Transmission Provider shall use Aeasonat>le Efforts to meet all time frames
agreed to with the customer. It also stales 'that if the Transmission Prcwldet is unlble to complete the Int� Feasi>iJity Study within the time period, it shall nodfy lnteroonnection Customer and pnwldt an estimated cornpkjtion date with an explanation of the reasons why additional time Is required.
The system Impact Stud'/ Report s1ated that thete 18 no � capacity without rerating the Minidoka PH-Bridge 138 kV line. In order to complete the �ed FAS S1Udy, XRG wll need to provide the re-rating information on the �nidoka PH-Bridge line.
Also, Transmission Planning requites mk:rosfti1g du from tM �. that lnf6nnatJon is aleo neoessary for tM completion of the Faciities Study.
BPA will proceed to complete the Study with an estimated completion dale d 30 Business Days after the nmmng data tor
the Minidoka PH-Bridge Uoe and the requested microstting data i& received. Please see the attached Turbine Looation Substation Criteria document attached.
Thank YoU for your attention to this matter.
"Ii .... ,
'D&,?I�
Bonneville Power Administration Transmission Planning
[phone]
•
(' .. ...
...
6