HomeMy WebLinkAbout20210525Exhibit 11.pdf
Exhibit 11
February 19, 2020
Letter from Greg Adams
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Gregory M. Adams
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February 19,2020
Via First Class Mail and Electronic Mail
Jacob A. McDermott
Senior Counsel
Rocky Mountain Power
1407 W. North Temple, Suite 320
salt Lake city, utah 84116
j acob. mcdermott@paci fic orp. com
Kyle Moore
Rocky Mountain Power
Manager - QF Contracts
825 NE Multnomah St, Suite 600
Portland, Oregon 97232
Kyle.moore@pacifi corp. com
RE Fall River Rural Electric Cooperative, Inc.'s Proposed Power Purchase Agreement for
Chester Diversion Hydroelectric Project
Dear Mr. McDermott and Mr. Moore:
I write on behalf of my client, Fall River Rural Electric Cooperative, Inc., ("Fall River")
to supply proposed edits to a draft power purchase agreement ("PPA") for sale of the output of
the Chester Diversion Hydroelectric project ("Chester facility") to Rocky Mountain Power as a
qualifying facility ("QF") under the Idaho Public Utilities Commission's ('.IPUC")
implementation of the Public Utility Regulatory Policies Act of 1978 ("PURPA").
On September 12,2019, Fall River previously supplied Rocky Mountain Power with all
of the information required to obtain a draft PPA completed by Rocky Mountain Power for the
Chester facility. However, to date, Rocky Mountain Power has only supplied Fall River with a
blank version of Rocky Mountain Power's pro forma PPA for use for this facility, titled "Form
of ldaho Small Hydro PPA_I .2.20". Rocky Mountain Power has suggested that it will not agree
to discuss the PPA for the Chester facility until after Fall River receives an interconnection study
from PacifiCorp Transmission for the facility. As I previously explained in my letter to Mr.
McDermott dated December 10,2019, Fall River respectfully disagrees that the negotiation and
execution of the requested PPA for the Chester facility may be stalled until an interconnection
study is completed. As you know, PacifiCorp Transmission has refused to process the
interconnection request for the Chester facility due to PacifiCorp Transmission's own internal
delays and processes - not due to any action or inaction by Fall River. Under these
Exhibit 11 Page 1
Rocky Mountain Power
February 19,2020
Page 2
circumstances, we again request that Rocky Mountain Power agree to enter into the PPA at this
time.
Along those lines, I have enclosed a draft PPA containing appropriate edits to Rocky
Mountain Power's pro forma PPA. Specifically, the draft PPA shows the edits Fall River
proposes to the pro forma PPA supplied by Rocky Mountain Power for the Chester Facility
(titled "Form of Idaho Small Hydro PPA_I .2.20" and emailed by Kyle Moore to Bryan Case on
January 6,2020). Fall River's edits appear in track changes, and the draft PPA also includes
extensive comments explaining the reasoning for the proposed edits.
We look forward to hearing back from Rocky Mountain Power soon so that the parties
can discuss the terms and conditions of the proposed PPA for the Chester facility. Please contact
me with any questions or to arange a telephone conference to discuss the proposed PPA.
Gregory M. Adams
Attomey for Fall River Rural Electric Cooperative, Inc
cc:Bryan Case, Fall River Rural Electric Cooperative, Inc. (e-mail only)
Exhibit 11 Page 2