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HomeMy WebLinkAbout20230117Amendment to PPA.pdf 1407 W. North Temple, Suite 330 Salt Lake City, Utah 84116 January 17, 2023 VIA ELECTRONIC DELIVERY Jan Noriyuki Commission Secretary Idaho Public Utilities Commission 1131 W. Chinden Blvd Building 8 Suite 201A Boise, ID 83714 Re: CASE NO. PAC-E-22-18 IN THE MATTER OF THE APPLICATION FOR APPROVAL OR REJECTION OF THE POWER PURCHASE AGREEMENT BETWEEN PACIFICORP AND OJA, LLC. Dear Ms. Noriyuki: Rocky Mountain Power’s (“the Company”) January 11, 2023, Reply Comments in the above-referenced matter noted that the Rocky Mountain Power was preparing an amendment to the power purchase agreement between PacifiCorp and Oja LLC correcting the refence to “January 3, 1985” in Section 2.2(b) with “March 4, 1986”. The amendment has been fully executed as of January 13, 2023 and the Company hereby submits the fully executed amendment for the record. Informal inquiries may be directed to Mark Alder, Idaho Regulatory Manager at (801) 220-2313. Very truly yours, Joelle R. Steward Senior Vice-President of Regulation and Customer Solutions Enclosures RECEIVED Tuesday, January 17, 2023 1:49:52 PM IDAHO PUBLIC UTILITIES COMMISSION 1 AMENDMENT NO. 1 to POWER PURCHASE AGREEMENT (Larry Oja and Christie Oja) This AMENDMENT NO. 1, effective January 11, 2023 (this “Amendment”), amends that certain POWER PURCHASE AGREEMENT (the “PPA”) between (i) Larry Oja and Christie Oja (“Seller”) and (i) PacifiCorp, an Oregon corporation (“PacifiCorp”), entered into November 8, 2022. Seller and PacifiCorp are referred to individually in this Amendment No. 1 as a “Party” and together as the “Parties.” Capitalized terms used but not defined herein have the meanings set forth in the PPA. RECITALS A. Seller owns, operates and maintains an existing hydro-powered generating facility for the generation of electric energy located in Oneida County, Idaho, with a nameplate capacity rating of 188 kilowatts (the “Facility”); B. Under the PPA, which does not take effect until it is approved by the Idaho Public Utilities Commission (the “Commission”), Seller intends to operate the Facility as a QF and sell the Net Output of the Facility to PacifiCorp; C. PacifiCorp submitted the PPA to the Commission November 14, 2022, requesting that the Commission approve or reject the PPA (the “Application”); D. Commission Staff submitted comments to the Application on January 4, 2023 (“Staff Comments”), recommending that the Commission approve the PPA provided that the Parties correct the reference to the signature date of the original 1986 contract between the Parties in Section 2.2(b) of the PPA; and E. The Parties agree to amend the PPA consistent with Staff Comments as set forth herein. AGREEMENT PacifiCorp and Seller agree to the following: 1. Amendment to Section 2.2(b). The reference to “January 3, 1985” in Section 2.2(b) of the PPA hereby is deleted and replaced with “March 4, 1986”. 2 2. Miscellaneous. a. The Parties ratify and confirm that except as expressly amended in this Amendment, all terms, conditions, covenants, representations, warranties and all other provisions of the PPA remain unchanged and in full force and effect. b. This Amendment may be executed in one or more counterparts, each of which when so executed and delivered shall be deemed to be an original and both of which taken together shall constitute but one and the same instrument. This Amendment may be manually or digitally executed by one or both Parties and delivery may occur via physical or electronic transmission (in pdf form). [signature page follows] 3