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
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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”.
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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]
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