Loading...
HomeMy WebLinkAbout20220614Amended Power Purchase Agreement.pdfY ROCKY MOUNTAIN PqA'ER 1407 W. North Temple, Suite 330 Salt Lake City, Utah 84116 June 14,2022 YA ELECTRONIC DELIVERY Jan Noriyuki Commission Secretary ldaho Public Utilities Commission I l3l W. Chinden Blvd Building 8 Suite 20lA Boise,ID 83714 Re CASE NO. PAC.E.2O-IE IN TI{E MATTER OF THE APPLICATION FOR APPROVAL OR REJECTION OF TIIE AMENDED POWER PTIRCHASE AGREEMENT BETWEEN PACIFICORP AI\ID AMY FAMILY HOLDINGS, LLC Dear Ms. Noriyuki: Please find for filing the Amended Purchase Power agreement between PacifiCorp and Amy Family Holdings, LLC in the above-referenced matter. Informal inquiries may be directed to Ted Weston, Idaho Regulatory Manager at (801)220-2e63. very yours, c.^..D Joelle R. Steward SVP Regulation and Customer/Community Solutions Enclosures (r RECEIVED 2022 JUN 14 AM 11:24 IDAHO PUBLIC UTILITIES COMMISSION AMENDMENT to POWER PURCHASE AGREEMENT between Amy Family Holdings, LLC and PacifiCorp This AMENDMENT (the "Amendment"), dated December 15, 2021, amends that certain POWER PURCHASE AGREEMENT between PacifiCorp, an Oregon corporation ("PacifiCorp"), and Amy Family Holdings, LLC as successor to Jake Amy ("Seller" and together with PacifiCorp, the "Parties"), dated January 3, 1985 (as amended, supplemented and modified from time to time, the "PPA"). Capitalized terms used but not defined in this Amendment shall have the meaning set forth in the PPA. RECITALS A. PacifiCorp and Seller entered into the PPA prior to PacifiCorp's separation of its energy supply and transmission functions as required by federal law and regulations. For this reason, the PPA includes provisions that address both energy sales and interconnection requirements. B. The PPA is scheduled to expire by its terms on December 31, 2021, and Seller has expressed a desire to continue to make sales from Seller's facility to PacifiCorp consistent with the requirements of the federal Public Utility Regulatory Policies Act ("PURPA"), as implemented in the State of Idaho. C. PacifiCorp and Seller entered into that certain Amendment to the PPA dated November 18,2020, in order to extend the PPA through December 31,2022 ("November2020 Amendment"), to allow Seller to continue to make sales from the Facility while interconnection upgrades are completed under Seller's new interconnection agreement and pending the effectiveness of Seller's replacement power purchase agreement. D. The November 2020 Amendment was submiued for approval to the Idaho Public Utilities Commission ("Commission"), and, in response to the request for approval, Commission Staff issued comments on November 22,202 I (*Staff Comments"). [n the Staff Comments, Commission Staff recommend Commission approval of an extension subject to the Parties making certain revisions to the November 2020 Amendment. E. The Parties enter into this Amendment for the purpose of making the changes suggested by Commission Staff in the Staff Comments. AGREEMENT PacifiCorp and Seller agree as follows. The November 2020 Amendment hereby is null, void and superseded in its entirety by this Amendment. 2. Article I of the PPA is amended and restated to read as follows: "Unless terminated earlier pursuant to the terms of this Agreement, this Agreement shall expire upon the earlier of (i) the ffictive date of a new power purchase agreement between PacifiCorp and Seller pertaining to the Facility; or (ii) December 31, 2022." All references in the PPA to the nameplate capacity of the Facility (as defined in the PPA) hereby are amended to reflect the installed nameplate capacity of 650 kilowatts ("kw"). Notwithstanding any provision in the PPA to the contrary, for the period beginning January l,2022,through the end of the term of the PPA, PacifiCorp shallpay Seller as provided in Exhibit A to this Amendment for the energy output ofthe Facility delivered to the Point of Delivery as adjusted for Losses. Notwithstanding any provision in the PPA to the contrary, PacifiCorp shall not be responsible to purchase the output of the Facility during periods that the Facility is curtailed due to construction and completion of the distribution system upgrades called for in the final, new stand-alone interconnection agreement between Seller and Pacifi Corp' s transmission function. Seller's contact information in Article 5 of the PPA is amended and replaced with the fol lowing information : o'Amy Family Holdings, LLC cloLoretta S. Amy 3244 S Laurelhurst Place Boise, ID 83705 Cell Phone: 208-949-5278" This Amendment shall be effective once signed and delivered by both PacifiCorp and Seller and approved by the Idaho Public Utilities Commission. All other terms and provisions of the PPA shall remain unchanged. Each party hereby ratifies and confirms that except as expressly amended hereby, all of the terms, conditions, covenants, representations, warranties and all other provisions of the PPA remain in full force and effect. This Amendment shall be governed by and construed in accordance with the laws of the State of Idaho (without reference to its choice of law doctrine). This Amendment may be executed in multiple counterparts, each of which when so executed and delivered shall be deemed to be an original and all ofwhich taken together shall constitute but one and the same instrument. Delivery of an executed counterpart J 4. 5 6 7 8. 9 10. of this Amendment by electronic transmission (in .pdf form) shall be equally as effective as delivery of a manually executed counterpart. [signature page follow d IN WIIT{ESS WHEREOF,6E pstiGs bshnvhsvc cred&ie Amdmcd b bc cmocutod inlffi r!6pocdwn&cs. Prffiorp By:Rona ld Sch ei rer' ffiffi,ffi#-ltu: Tlrlc: AnyfrnffEohgf IJ,C By:Hdfrood EXHIBIT A Energy Rate Energy Purchase Price = Energy Annual Rate * Monthly Peak Multiplier Table 1: Energy Annual Rates Year Energy Annual Rate for hourly generation of 600 kWhs or less (s/lvrwh) Enerry Annual Rate for hourly generation of more than 600 kWhs (slrvtwh) 2022 $s r.s8 23.90 Table 2: Monthly On-Peak/Off-Peak Multipliers Month 0n-Peak Hours Off-Peak Hours January l03Yo 94o/o February l05o/o 97% March 95o/o 80% April 95%760/o May 92%630/o June 94%6s% Julv 72lo/o 92o/o August l2lo/o 106% September l09o/o 99% October tt5%105% November tt0%96% December 129%r20% Where: "Off-Peak Hours" means all hours that are not On-Peak Hours "On-Peak Hours" means all hours ending 07:00:00 through 22:00:00 MPT, Monday through Saturday, excluding NERC designated holidays.