20150213Application.pdf

ROCKY MOUNTAIN
POWER
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201 South Main, Suite 2300
Salt Lake City, Utah 84111
February 13,2015
VA OWRNIGHT DELIWRY
Jean Jewell
Idaho Public Service Commission
472 W . Washington Street
P.O. Box 83720
Boise, Idaho 83720-007 4
Case No. PAC-E-15-02
IN THE MATTER OF THE APPLICATION OF PACIFICORP FOR APPROVAL
OF THE FIRST AMENDMENT TO A POWER PURCHASE AGREEMENT
wrrH sT. AttTHoNY ITYDRO, LLC.
Dear Ms. Jewell:
Enclosed for filing in the above captioned matter, please find the original and seven (7) copies of
the Application along with an Attachment of the First Amendment to the Power Purchase
Agreement between St. Anthony Hydro, LLC, and PacifiCorp, executed on January 13,2015.
This agreement amends the purchase power agreement entered into by the parties on December
20,2012 and approved by the Idaho Public Utilities Commission on July 31,2013, Order No.
3286s.
The purpose of the amendments is to add icing as a Force Majeure event and allow for
modifications to the power delivery schedule.
Please contact Ted Weston at [phone] if you have any questions.
LU"*^l[\
Vice President, Regulation
Very truly yours,
Iefftey K. Uarsen
Daniel E. Solander (ISB #8931)
Senior Counsel, PacifiCorp
201 South Main, Suite 2300
Salt Lake City UT 8411I
Telephone: (801) 220 - 4014
FAX: [phone]
Email : Daniel. Solander@Pacifi Corp.com
Attomey for PacifiCorp
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
PACIFICORP FOR APPROVAL OF THE
FIRST AMENDMENT TO A POWER
PURCHASE AGREEMENT WITH
ST. ANTHONY HYDRO, LLC
CASE NO. PAC-E-15-02
PacifiCorp, dhla Rocky Mountain Power (the "Compffiy"), in accordance with
RP 52 and the applicable provisions of the Public Utility Regulatory Policies Act of 1978
("PURPA"), hereby respectfully applies to the Idaho Public Utilities Commission (the
"Commission") for an order approving the First Amendment to the Power Purchase
Agreement ("PPA") between PacifiCorp and St. Anthony Hydro, LLC, dated January 13,
2015.In support of this Application, the Company represents as follows:
L INTRODUCTION
l. Rocky Mountain Power is a division of PacifiCorp. PacifiCorp is an
Oregon corporation that provides electric service to retail customers through its Rocky
Mountain Power division in the states of Utah, Wyoming, and Idatro, and through its
Pacific Power division in the states of Oregon, Califomia, and Washington. Rocky
Mountain Power is a public utility in the state of Idaho and is subject to the Commission's
jurisdiction with regard to its public utility operations.
)
)
)
)
APPLICATION OF PACIFICORP - I
2. St. Anthony Hydro, LLC is an Idaho limited liability company St.
Anthony owns, operates and maintains the St. Anthony Hydroelectric facility, (the
"Facility"), including Seller's interconnection facilities, for the generation of electric
power located within Rocky Mountain Power's service territory in St. Anthony, Fremont
County, Idaho. The capacity rating of the St. Anthony Hydroelectric facility is 700-
kilowatts (kW).
II. BACKGROT]ND
3. The PPA with St. Anthony Hydro, LLC, was originally approved by
Commission Order No. 32865 issued on July 31,2013.
III.THE FIRST AMENDMENT
4. On January 13, 2015 St. Anthony Hydro LLC and Rocky Mountain
Power entered into the First Amendment to the PPA ("Amendment"). Under the terms of
the Amendment, the Parties agreed that icing events within the immediate water source
used as the Facility's primary motive force that caused the Facility to reduce energy
production is a Force Majeure event. The Parties also agreed to changes in scheduling
power deliveries. As agreed upon the Subsequent Energy Delivery Schedule will be
provided two months in advance of the power delivery. The Company has provided an
executed copy of the Amendment as an attachment to this Application.
IV. COMMUNICATION AND SERVICE OF PLEADINGS
5. Service of pleadings, exhibits, order and other documents relating to this
proceeding should be served on the following:
APPLICATION OF PACIFICORP - 2
Bruce Griswold
Director, Short-Term Origination
PacifiCorp
825 N.E. Multnomah, Suite 1800
Portland, OR97232
bruc e. gri swo ld@p acifrcolp. c om
Daniel E. Solander
Senior Counsel
Rocky Mountain Power
201 S. Main, Suite 2300
Salt Lake City, UT 841l1
daniel. solander@nacifi corp. com
Ted Weston
Idaho Regulatory Affairs Manager
Rocky Mountain Power
201 South Main, Suite 2300
Salt Lake City, UT 84111
ted.weston@pacifi corp. com
V. MODIFIED PROCEDURE
6. Rocky Mountain Power believes that a hearing is not necessary to
consider the issues presented herein and respectfully requests that this Application be
processed under Modified Procedtre: i.e., by written submissions rather than by hearing.
RP 201 et seq. If, however, the Commission determines that a technical hearing is
required, the Company stands ready to prepare and present is testimony in such hearing,
vr. REQUEST FOR RELTEF
NOW, THEREFORE, based on the foregoing, Rocky Mountain Power
respectfully requests that the Commission issue its Order: (1) authorizing that this matter
may be processed by Modified Procedure; (2) approve the First Amendment to the Power
Purchase Agreement between St. Anthony Hydro and PacifiCorp without change or
condition.
APPLICATION OF PACIFICORP - 3
submitted,
4hlo
Respectfully
TAI
DATED this 136 day of February, 2Ol5
Daniel E. Solander
Attorney forPacifiCorp
APPLICATION OF PACTFICORP .4
Attachment
First Amendment to PacifiCorp Power and St.
Anthony Hydro, LLC Purchase Agreement
FIRST AMENDMENT TO
PACIFICORP POWER PURCHASE AGRBEMENT
THIS FIRST AMENDMENT TO THE PACIFICORP POWER PURCHASE
AGREEMENT, as amended ("Agreement") by and between PacifiCorp ("PacifiCorp') and
St. Anthony Hydro, LLC ("Seller") shall be effcctive upon the date this Agreement is last
executed below.
RECITALS
A. WHEREAS, PacifiCorp entered into that certain power purchase agreement with St.
Anthony Hydro, [.LC on December 20,2072 (the "PPA');
B. WI-IEREAS, the Parties have agreed to amend the PPA to reflect certain changes in
the temrs and conditions set forth therein
NOW THEREFORE, in consideration of the foregoing and for other valuable cousideration,
the receipt and sufliciency of which are hereby acknowledged, the parties hcreby agr€e as
follows:
Section 14: Force Majeure
l. Section 14.l shall be deleted and replaced with:
14. I As used in this Agreement, "Force Majeurc" 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 Majeurc may includc but is not limited to
acts of Cod, flood, storms, wars, hostilities, civil strife, strikes, and other labor
disturbances, earthquakes, f,tres, lightning epidemics, sabotage, restraint by court
order, icing evcnts rvithin the immediate water source uscd as the Facility's
primary motive force that causes the Facility to reduce energF productlon or other
delay or failure in the performancc as a rcsult of any action or inaction on behalf of a
public authority which is in each case (i) beyond the reasonable control of such P"rty,
(ii) by the exercise of reasonable foresight such Party could not reasonably have been
expectd to avoid and (iii) by the exercise of due diligence, such Party shall be unable
to prevent or overcome. Force Mafeure, however, specifically excludes the cost or
availability of fuel or motive force to opemte the Facility or changes in market
conditions that affect the price of energy or transmission. lf 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:
Section 4: Deliver.v of Energy and Capacity
2. Section 4.3.2 shall be deleted and replaced with:
Page I of 4: St. Anthony Hydro First Amendment
t / tz /zots fss
After the Commercial Operation Date, Seller may revise any future monthly
Subsequent Energy Delivery Schedule by providing written notice no later than 5
PM Pacific Standard Tirne on the last business day of the Notification Month
specified in the following schedule:
If Seller does not provide a Subsequent Energy Delivery Schedule by the above
deadline scheduled enerry for the omitted period shall equal the amounts
scheduled by Seller for the same period during the previous year.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to become
effective as of the day and year last written below
ST. ANTTIOAY.HYDRO, LLC
,r, -U '/'-,
Title: Manager
Date:
Notification
Month
Future Monthty Nct Output Amounts Elegible To Be
Revised
January March and anv future rnonths
February Aoril and anv future months
March May and anY future months
Aoril June and any future months
MaY Julv and anv future months
June Ausust and anv future months
July September and any future months
Ausust October and any future months
September Novenrber and any future months
October December and any future months
November January and any future months
December Februarv and anv filture months
Page 2 of 4: St. Anthony Hydro First Amendment