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
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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.