20221011Decision Memo.pdf

DECISION MEMORANDUM 1

DECISION MEMORANDUM

TO: COMMISSIONER ANDERSON
COMMISSIONER CHATBURN
COMMISSIONER HAMMOND
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: CLAIRE SHARP
DEPUTY ATTORNEY GENERAL

DATE: OCTOBER 11, 2022

RE: IN THE MATTER OF ROCKY MOUNTAIN POWER’S APPLICATION
FOR APPROVAL OR REJECTION OF THE POWER PURCHASE
AGREEMENT BETWEEN PACIFICORP AND GEORGETOWN
IRRIGATION; CASE NO. PAC-E-22-06

BACKGROUND
On September 9, 2022, the Commission issued Order No. 35529, which required
PacifiCorp d/b/a Rocky Mountain Power (“Company”) and Georgetown Irrigation Company
(“Seller”) (collectively, the “Parties”) to modify the Power Purchase Agreement (“PPA”) filed in
the Application to reflect the following requirements:
1. Modify Section 6.8 to reflect potential modifications to the Facility as discussed in Staff’s
comments.
2. Modify Section 11.1.2(g) to reflect the updates to Section 6.8.
3. Modify Section 21 so that Commission approval of any modification to the PPA is
required.
4. Update the definition of Contract Year to reflect the Initial Delivery Date.
The Commission directed the Parties to provide the Commission with an updated PPA as
a compliance filing within 15 days.
On September 26, the Company submitted Amended and Restated Power Purchase
Agreement (“Amended PPA”) to reflect these modifications.

DECISION MEMORANDUM 2

STAFF ANALYSIS
Staff has reviewed the Amended PPA and recommends the Commission approve the
Amended PPA as filed. For requirement number 1 as shown above, the Amended PPA addresses
potential modifications to the Facility in Section 6.1, instead of Section 6.8 as specified by Order
No. 35529; however, the location of the content in the Amended PPA does not impact the
obligations of the parties. For requirement number 2, Section 11.1.2(g) appropriately references
Section 6.1, instead of Section 6.8, due to the location of the “modification to the facility” language
in the Amended PPA.
STAFF RECOMMENDATION
Staff recommends that the Commission approve Amended PPA as filed.
COMMISSION DECISION
Does the Commission wish to approve the Amended PPA as filed?

_____________________________
Claire Sharp
Deputy Attorney General

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