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HomeMy WebLinkAbout20210525Exhibit 37.pdf Exhibit 37 February 9, 2021 Email from Greg Adams From:Greg Adams To:Moore, Kyle (PacifiCorp) {Mkt Function}; Mifsud, Cynthia Hansen (PacifiCorp) Cc:Bryan Case; Dave Peterson Subject:RE: [INTERNET] FW: Fall River Rural Elect. Coop."s Chester Project - PPA Turn 12-11-2020 Date:Tuesday, February 9, 2021 8:47:07 AM Attachments:image001.png Kyle and Cynthia, It has been over a month since we communicated that Fall River was prepared to execute the latest draft of the Chester Project PPA that I sent to you on January 5, 2021. We have not heard back from PacifiCorp as to the process you would like to follow for execution. Should we execute the agreement and send it to you? Greg Adams Richardson Adams, PLLC515 N. 27th Street Boise, Idaho 83702Voice: 208.938.2236 Facsimile: 208.938.7904 Information contained in this electronic message and in any attachments hereto may contain information that is confidential, protected by the attorney/client privilege and/or attorney work product doctrine. Inadvertent disclosure of the contents of this email or its attachments to unintended recipients is not intended to and does not constitute a waiver of the attorney/client privilege and/or attorney work product doctrine. If you have received this email in error, please immediately notify the sender of the erroneous receipt and destroy this email and any attachments of the same either electronic or printed. Thank you. From: Greg Adams <Greg@richardsonadams.com> Sent: Wednesday, January 27, 2021 8:36 AM To: Moore, Kyle (PacifiCorp) {Mkt Function} <Kyle.Moore@pacificorp.com>; Mifsud, Cynthia Hansen (PacifiCorp) <Cynthia.Hansen@pacificorp.com> Cc: Bryan Case <Bryan.Case@fallriverelectric.com>; Dave Peterson <Dave.Peterson@fallriverelectric.com> Subject: RE: [INTERNET] FW: Fall River Rural Elect. Coop.'s Chester Project - PPA Turn 12-11-2020 Kyle, I am checking in again on the Chester PPA. Fall River would like to get the PPA executed and move forward with the sales under the PPA. Please let us know PacifiCorp’s preferred process for doing so. Thanks. Greg AdamsRichardson Adams, PLLC515 N. 27th StreetBoise, Idaho 83702Voice: 208.938.2236Facsimile: 208.938.7904 Information contained in this electronic message and in any attachments hereto may contain information that is confidential, protected by the attorney/client privilege and/or attorney work product doctrine. Inadvertent disclosure of the contents of this email or its attachments to unintended recipients is not intended to and does not constitute a waiver of the attorney/client privilege and/or attorney work product doctrine. If you have received this email in error, please immediately notify the sender of the erroneous receipt and destroy this email and any attachments of Exhibit 37 Page 1 the same either electronic or printed. Thank you. From: Moore, Kyle (PacifiCorp) {Mkt Function} <Kyle.Moore@pacificorp.com> Sent: Thursday, January 21, 2021 9:52 AM To: Greg Adams <Greg@richardsonadams.com>; Mifsud, Cynthia Hansen (PacifiCorp) <Cynthia.Hansen@pacificorp.com> Cc: Bryan Case <Bryan.Case@fallriverelectric.com>; Dave Peterson <Dave.Peterson@fallriverelectric.com> Subject: RE: [INTERNET] FW: Fall River Rural Elect. Coop.'s Chester Project - PPA Turn 12-11-2020 Greg, Cynthia and I discussed the contract again yesterday, I am just waiting for her final okay, if she sees no further concerns I will move this toward final internal approvals, I will follow up early next week on progress. Thanks, Kyle Moore Rocky Mountain Power Commercial Services O 801.220.4467 C 385.210.4209 From: Greg Adams <Greg@richardsonadams.com> Sent: Friday, January 15, 2021 3:00 PM To: Moore, Kyle (PacifiCorp) {Mkt Function} <Kyle.Moore@pacificorp.com>; Mifsud, Cynthia Hansen (PacifiCorp) <Cynthia.Hansen@pacificorp.com> Cc: Bryan Case <Bryan.Case@fallriverelectric.com>; Dave Peterson <Dave.Peterson@fallriverelectric.com> Subject: [INTERNET] FW: Fall River Rural Elect. Coop.'s Chester Project - PPA Turn 12-11-2020 * * Remember SAIL when reading email * * Are you expecting the message from this SENDER ? Are you expecting an ATTACHMENT ? Does the message subject include INTERNET ? Verify LINKS beforeclicking. Kyle and Cynthia, I am checking in on this Chester PPA. As noted in my comment below, Fall River is prepared to execute the PPA with the minor clarification we added to the PPA to accommodate the time for PUC-approval of the PPA. We have not heard back from you yet, but would like to get this executed and move forward with the sales under the PPA. Thanks. Exhibit 37 Page 2 Greg AdamsRichardson Adams, PLLC 515 N. 27th StreetBoise, Idaho 83702 Voice: 208.938.2236Facsimile: 208.938.7904 Information contained in this electronic message and in any attachments hereto may contain information that is confidential, protected by the attorney/client privilege and/or attorney work product doctrine. Inadvertent disclosureof the contents of this email or its attachments to unintended recipients is not intended to and does not constitute awaiver of the attorney/client privilege and/or attorney work product doctrine. If you have received this email inerror, please immediately notify the sender of the erroneous receipt and destroy this email and any attachments ofthe same either electronic or printed. Thank you. From: Greg Adams <Greg@richardsonadams.com> Sent: Tuesday, January 05, 2021 6:07 PM To: Moore, Kyle (PacifiCorp) {Mkt Function} <Kyle.Moore@pacificorp.com>; Dave Peterson <Dave.Peterson@fallriverelectric.com>; Mifsud, Cynthia Hansen (PacifiCorp) <Cynthia.Hansen@pacificorp.com> Cc: Bryan Case <Bryan.Case@fallriverelectric.com> Subject: RE: Fall River Rural Elect. Coop.'s Chester Project - PPA Turn 12-11-2020 Kyle and Cynthia, We are proposing revision to Sections 11.1.2(a) and 11.2.4, which is shown in the attached. Our concern is that the Idaho PUC is taking longer than normal to approve PPAs this past year and that it has taken longer than expected to finalize the PPA when we determined to use June 1 as the date for First Energy. Our intent is to clarify that the First Energy delay default and termination provisions would essentially be tolled until a reasonable period after PUC approval of the PPA, given that sales will not begin until after that time. We can discuss that on the call we are trying to schedule if you would like. Otherwise, this draft is acceptable to Fall River and we are prepared to get it executed and filed with the PUC. Greg Adams Richardson Adams, PLLC 515 N. 27th Street Boise, Idaho 83702 Voice: 208.938.2236 Facsimile: 208.938.7904 Information contained in this electronic message and in any attachments hereto may contain information that is confidential, protected by the attorney/client privilege and/or attorney work product doctrine. Inadvertent disclosure of the contents of this email or its attachments to unintended recipients is not intended to and does not constitute a waiver of the attorney/client privilege and/or attorney work product doctrine. If you have received this email in error, please immediately notify the sender of the erroneous receipt and destroy this email and any attachments of the same either electronic or printed. Thank you. Exhibit 37 Page 3 From: Greg Adams <Greg@richardsonadams.com> Sent: Tuesday, January 5, 2021 3:35 PM To: Moore, Kyle (PacifiCorp) {Mkt Function} <Kyle.Moore@pacificorp.com>; Dave Peterson <Dave.Peterson@fallriverelectric.com>; Mifsud, Cynthia Hansen (PacifiCorp) <Cynthia.Hansen@pacificorp.com> Cc: Bryan Case <Bryan.Case@fallriverelectric.com> Subject: RE: Fall River Rural Elect. Coop.'s Chester Project - PPA Turn 12-11-2020 Kyle, I am just checking back in on when you would like to have this call. I can send the invite if that would help. Greg Adams Richardson Adams, PLLC 515 N. 27th Street Boise, Idaho 83702 Voice: 208.938.2236 Facsimile: 208.938.7904 Information contained in this electronic message and in any attachments hereto may contain information that is confidential, protected by the attorney/client privilege and/or attorney work product doctrine. Inadvertent disclosure of the contents of this email or its attachments to unintended recipients is not intended to and does not constitute a waiver of the attorney/client privilege and/or attorney work product doctrine. If you have received this email in error, please immediately notify the sender of the erroneous receipt and destroy this email and any attachments of the same either electronic or printed. Thank you. From: Greg Adams <Greg@richardsonadams.com> Sent: Thursday, December 31, 2020 9:10 AM To: Moore, Kyle (PacifiCorp) {Mkt Function} <Kyle.Moore@pacificorp.com>; Dave Peterson <Dave.Peterson@fallriverelectric.com>; Mifsud, Cynthia Hansen (PacifiCorp) <Cynthia.Hansen@pacificorp.com> Cc: Bryan Case <Bryan.Case@fallriverelectric.com> Subject: RE: Fall River Rural Elect. Coop.'s Chester Project - PPA Turn 12-11-2020 Kyle, The following times work for us, with a preference for Wednesday— Wed 1/6: 12:30-3 Thu 1/7: 9-10 or 3-4 Please send an invite out for the time that works best for PacifiCorp. Greg Adams Richardson Adams, PLLC 515 N. 27th Street Boise, Idaho 83702 Voice: 208.938.2236 Exhibit 37 Page 4 Facsimile: 208.938.7904 Information contained in this electronic message and in any attachments hereto may contain information that is confidential, protected by the attorney/client privilege and/or attorney work product doctrine. Inadvertent disclosure of the contents of this email or its attachments to unintended recipients is not intended to and does not constitute a waiver of the attorney/client privilege and/or attorney work product doctrine. If you have received this email in error, please immediately notify the sender of the erroneous receipt and destroy this email and any attachments of the same either electronic or printed. Thank you. From: Moore, Kyle (PacifiCorp) {Mkt Function} <Kyle.Moore@pacificorp.com> Sent: Wednesday, December 30, 2020 2:17 PM To: Greg Adams <Greg@richardsonadams.com>; Dave Peterson <Dave.Peterson@fallriverelectric.com>; Mifsud, Cynthia Hansen (PacifiCorp) <Cynthia.Hansen@pacificorp.com> Cc: Bryan Case <Bryan.Case@fallriverelectric.com> Subject: RE: Fall River Rural Elect. Coop.'s Chester Project - PPA Turn 12-11-2020 Greg/Dave, We have been able to verify that we currently do have access to interrogate the metering as currently set up. Shall we set up a meeting next week to finalize this contract and work through any final details. We are available the following times, all mountain time: Tue 1/5: noon – 2 Wed 1/6: 12:30-3 Thu 1/7: 9-10 or 3-4 Thanks, Kyle Moore Rocky Mountain Power Commercial Services O 801.220.4467 C 385.210.4209 From: Moore, Kyle (PacifiCorp) {Mkt Function} Sent: Friday, December 11, 2020 4:23 PM To: 'Greg Adams' <Greg@richardsonadams.com>; 'Dave Peterson' <Dave.Peterson@fallriverelectric.com>; Mifsud, Cynthia Hansen (PacifiCorp) <Cynthia.Hansen@pacificorp.com> Cc: 'Bryan Case' <Bryan.Case@fallriverelectric.com>; Heng, Irene (PacifiCorp) <Irene.Heng@pacificorp.com> Subject: Fall River Rural Elect. Coop.'s Chester Project - PPA Turn 12-11-2020 Greg/Dave, Exhibit 37 Page 5 Attached is a turn of the draft with updated language for the First Delivery Date. We have separately verified the 1.9% loss factor on BPA’s system so that figure is acceptable. We are still trying to get the meter communication verified, the latest I heard earlier today is that we are waiting for a call back from a meter engineer on your side. Please let me know if you have any questions. Thanks, Kyle Moore Rocky Mountain Power Commercial Services O 801.220.4467 C 385.210.4209 From: Moore, Kyle (PacifiCorp) {Mkt Function} Sent: Tuesday, December 8, 2020 2:31 PM To: 'Greg Adams' <Greg@richardsonadams.com>; Dave Peterson <Dave.Peterson@fallriverelectric.com>; Mifsud, Cynthia Hansen (PacifiCorp) <Cynthia.Hansen@pacificorp.com> Cc: Bryan Case <Bryan.Case@fallriverelectric.com>; Heng, Irene (PacifiCorp) <Irene.Heng@pacificorp.com> Subject: RE: [INTERNET] RE: [INTERNET] RE: Fall River Rural Elect. Coop.'s Response Letter Re Chester Project PPA Request - RMP Turn Greg, I have forwarded the contact information you sent over yesterday regarding making sure we can read your meter, I will provide you the results of that as soon as I get it, hopefully they can get that done this week. We will provide a turn of the draft with the addressing the First Delivery Date by the end of the week, hopefully everything will be wrapped up then to move forward. Thanks, Kyle Moore Rocky Mountain Power Commercial Services O 801.220.4467 C 385.210.4209 From: Greg Adams <Greg@richardsonadams.com> Sent: Tuesday, December 8, 2020 9:08 AM To: Dave Peterson <Dave.Peterson@fallriverelectric.com>; Moore, Kyle (PacifiCorp) {Mkt Function} <Kyle.Moore@pacificorp.com>; Mifsud, Cynthia Hansen (PacifiCorp) Exhibit 37 Page 6 <Cynthia.Hansen@pacificorp.com> Cc: Bryan Case <Bryan.Case@fallriverelectric.com>; Heng, Irene (PacifiCorp) <Irene.Heng@pacificorp.com> Subject: [INTERNET] RE: [INTERNET] RE: Fall River Rural Elect. Coop.'s Response Letter Re Chester Project PPA Request - RMP Turn * * Remember SAIL when reading email * * Are you expecting the message from this SENDER ? Are you expecting anATTACHMENT ? Does the message subject include INTERNET ? Verify LINKS before clicking. Kyle and Cynthia, With the clarification that the existing metering is sufficient to comply with the requirements of the proposed PPA, the only outstanding item for the Chester PPA is Section 11.2.4 – PacifiCorp was going to provide a cure period for a failure to achieve the First Delivery Date. As we previously communicated, the rest of the PPA is acceptable to Fall River and we would like to move forward with getting it finalized as soon as possible. Thanks. Greg Adams Richardson Adams, PLLC 515 N. 27th Street Boise, Idaho 83702 Voice: 208.938.2236 Facsimile: 208.938.7904 Information contained in this electronic message and in any attachments hereto may contain information that is confidential, protected by the attorney/client privilege and/or attorney work product doctrine. Inadvertent disclosure of the contents of this email or its attachments to unintended recipients is not intended to and does not constitute a waiver of the attorney/client privilege and/or attorney work product doctrine. If you have received this email in error, please immediately notify the sender of the erroneous receipt and destroy this email and any attachments of the same either electronic or printed. Thank you. From: Dave Peterson <Dave.Peterson@fallriverelectric.com> Sent: Monday, December 7, 2020 11:34 AM To: Moore, Kyle (PacifiCorp) {Mkt Function} <Kyle.Moore@pacificorp.com>; Greg Adams <Greg@richardsonadams.com>; Mifsud, Cynthia Hansen (PacifiCorp) <Cynthia.Hansen@pacificorp.com> Cc: Bryan Case <Bryan.Case@fallriverelectric.com>; Heng, Irene (PacifiCorp) <Irene.Heng@pacificorp.com> Subject: RE: [INTERNET] RE: Fall River Rural Elect. Coop.'s Response Letter Re Chester Project PPA Request - RMP Turn Kyle: Exhibit 37 Page 7 The person to contact is: Shannon Hill Manager of Information Technology shannon.hill@fallriverelectric.com (208) 652-7431 Office (208) 313-1809 Cell Thanks, Dave From: Moore, Kyle (PacifiCorp) {Mkt Function} <Kyle.Moore@pacificorp.com> Sent: Friday, December 4, 2020 12:24 PM To: Dave Peterson <Dave.Peterson@fallriverelectric.com>; Greg Adams <Greg@richardsonadams.com>; Mifsud, Cynthia Hansen (PacifiCorp) <Cynthia.Hansen@pacificorp.com> Cc: Bryan Case <Bryan.Case@fallriverelectric.com>; Heng, Irene (PacifiCorp) <Irene.Heng@pacificorp.com> Subject: RE: [INTERNET] RE: Fall River Rural Elect. Coop.'s Response Letter Re Chester Project PPA Request - RMP Turn Dave, I have spoken with our metering specialist and have confirmed that the metering information you have provided below is sufficient to meet our needs as long as we can interrogate the meter. Can you please provide the best contact for us to work with to make a test interrogation of the meter? One other note worth mentioning, our metering specialist mentioned that our ability to interrogate meters on BPAs system (meaning BPAs permission to do so) seems to ebb and flow sometimes, I’m not 100% sure I understand the metering relationship here, but should BPA at some point act in such a way that we could not interrogate the meter we would need you to provide an alternative communication set-up. Thanks, Kyle Moore Rocky Mountain Power Commercial Services O 801.220.4467 C 385.210.4209 From: Dave Peterson <Dave.Peterson@fallriverelectric.com> Sent: Wednesday, December 2, 2020 9:11 AM To: Moore, Kyle (PacifiCorp) {Mkt Function} <Kyle.Moore@pacificorp.com>; Greg Adams <Greg@richardsonadams.com>; Mifsud, Cynthia Hansen (PacifiCorp) Exhibit 37 Page 8 <Cynthia.Hansen@pacificorp.com> Cc: Bryan Case <Bryan.Case@fallriverelectric.com>; McDermott, Jacob (PacifiCorp) <Jacob.McDermott@pacificorp.com>; Heng, Irene (PacifiCorp) <Irene.Heng@pacificorp.com> Subject: [INTERNET] RE: Fall River Rural Elect. Coop.'s Response Letter Re Chester Project PPA Request - RMP Turn * * Remember SAIL when reading email * * Are you expecting the message from this SENDER ? Are you expecting anATTACHMENT ? Does the message subject include INTERNET ? Verify LINKS before clicking. Kyle: See answers below. Let me know if you have any other questions. Thanks, Dave Dave Peterson Manager of EngineeringFall River Electric Cooperative(208) 652-7050 Direct Office(208) 709-4870 Cell From: Moore, Kyle (PacifiCorp) {Mkt Function} <Kyle.Moore@pacificorp.com> Sent: Tuesday, December 1, 2020 5:09 PM To: Greg Adams <Greg@richardsonadams.com>; Mifsud, Cynthia Hansen (PacifiCorp) <Cynthia.Hansen@pacificorp.com> Cc: Bryan Case <Bryan.Case@fallriverelectric.com>; Dave Peterson <Dave.Peterson@fallriverelectric.com>; McDermott, Jacob (PacifiCorp) <Jacob.McDermott@pacificorp.com>; Heng, Irene (PacifiCorp) <Irene.Heng@pacificorp.com> Subject: RE: Fall River Rural Elect. Coop.'s Response Letter Re Chester Project PPA Request - RMP Turn Greg, Sorry about the delay here, can you please provide the following information on the meter that you Exhibit 37 Page 9 have in place that BPA current reads: Meter type, SEL-734 meter accuracy, ANSI C 12.20 (1998) Accuracies are specified at 23°C and at nominal system frequency, nominal voltage, and nominal current unless noted otherwise. Voltages VA, VB, VC: ±0.15% Voltages VAB, VBC, VCA: ±0.15% Currents IA, IB, IC: ±0.15% Current, Neutral IN: ±1.0% Frequency: ±0.01 Hz Energy (kWh), Imported/Exported Total: class 0.2 Peak Power Demand (kW): class 0.2 Power (kW) Total: class 0.2 Power (kW), per Phase: class 0.2 accuracy of the instrument transformers CTs – GE Model 780-301 ANSI Metering Class B0.1 0.3 PTs – GE PTW5-2-110-123SS Accuracy Class 0.3. WXMYZ 1.2 ZZ at 100 % rated voltage with 120 V based ANSI burden is it truly dial-up or is it through an IP address on BPs network? An IP address that can be accessed. Once I get this information I can re-verify with our metering specialist about whether we can access the meter. If you have the information to access the meter we could also try accessing it right now as well and may be a good verification. Thanks, Kyle Moore Rocky Mountain Power Commercial Services O 801.220.4467 C 385.210.4209 From: Greg Adams <Greg@richardsonadams.com> Sent: Monday, November 30, 2020 11:43 AM To: Moore, Kyle (PacifiCorp) {Mkt Function} <Kyle.Moore@pacificorp.com>; Mifsud, Cynthia Hansen (PacifiCorp) <Cynthia.Hansen@pacificorp.com> Cc: Bryan Case <Bryan.Case@fallriverelectric.com>; Dave Peterson <Dave.Peterson@fallriverelectric.com>; McDermott, Jacob (PacifiCorp) <Jacob.McDermott@pacificorp.com>; Heng, Irene (PacifiCorp) <Irene.Heng@pacificorp.com> Subject: [INTERNET] RE: Fall River Rural Elect. Coop.'s Response Letter Re Chester Project PPA Request - RMP Turn ** REMEMBER SAIL WHEN READING EMAIL ** Sender The sender of this email is Greg@richardsonadams.com using a friendly name ofGreg Adams . Are you expecting the message? Is this different from the message senderdisplayed above? Attachments Does this message contain attachments? No If yes, are you expecting them? Internet Tag Messages from the Internet should have [INTERNET] added to the subject. Links Does this message contain links? Yes Exhibit 37 Page 10 Check links before clicking them or removing BLOCKED in the browser. Cybersecurity risk assessment: Medium Kyle and Cynthia, I am checking in again regarding the draft PPA under discussion for Fall River’s Chester project. It has been several weeks since we have heard from PacifiCorp. We would like to move forward to finalizing the final outstanding issues itemized below, so we can get the agreement executed and submitted for approval at the IPUC. Thanks. Greg Adams Richardson Adams, PLLC 515 N. 27th Street Boise, Idaho 83702 Voice: 208.938.2236 Facsimile: 208.938.7904 Information contained in this electronic message and in any attachments hereto may contain information that is confidential, protected by the attorney/client privilege and/or attorney work product doctrine. Inadvertent disclosure of the contents of this email or its attachments to unintended recipients is not intended to and does not constitute a waiver of the attorney/client privilege and/or attorney work product doctrine. If you have received this email in error, please immediately notify the sender of the erroneous receipt and destroy this email and any attachments of the same either electronic or printed. Thank you. From: Greg Adams <Greg@richardsonadams.com> Sent: Friday, October 16, 2020 9:50 AM To: Moore, Kyle (PacifiCorp) {Mkt Function} <Kyle.Moore@pacificorp.com>; Mifsud, Cynthia Hansen (PacifiCorp) <Cynthia.Hansen@pacificorp.com> Cc: Bryan Case <Bryan.Case@fallriverelectric.com>; Dave Peterson <Dave.Peterson@fallriverelectric.com>; McDermott, Jacob (PacifiCorp) <Jacob.McDermott@pacificorp.com>; Heng, Irene (PacifiCorp) <Irene.Heng@pacificorp.com> Subject: RE: Fall River Rural Elect. Coop.'s Response Letter Re Chester Project PPA Request - RMP Turn Kyle and Cynthia, I am just checking in on the Chester PPA. We had understood we would hear back from PacifiCorp this week regarding a few items in the draft PPA. To summarize the outstanding items discussed below: Section 4.1-Transmission losses- The BPA loss factor to be included in Section 4.1 is 1.9%. Fall River is willing to agree to this item as edited by PacifiCorp with that loss factor. Section 6.11 and 6.9 – PacifiCorp was going to respond on our inquiry as to whether the meters and communications equipment at the plant are sufficient for purposes of these sections of the PPA, and if not, what will be required and how long it will take PacifiCorp to install such equipment if it is equipment PacifiCorp must install. Section 11.2.4 – PacifiCorp was going to provide a cure period for a failure to achieve the First Delivery Date, which is an item of concern particularly in light of the potential need for any new metering or communication equipment, the timing of installation of which would likely Exhibit 37 Page 11 be beyond the control of Fall River. Other than these clarifications, Fall River finds the draft PPA acceptable and would like to move forward with execution as soon as possible. Thanks. Greg Adams Richardson Adams, PLLC 515 N. 27th Street Boise, Idaho 83702 Voice: 208.938.2236 Facsimile: 208.938.7904 Information contained in this electronic message and in any attachments hereto may contain information that is confidential, protected by the attorney/client privilege and/or attorney work product doctrine. Inadvertent disclosure of the contents of this email or its attachments to unintended recipients is not intended to and does not constitute a waiver of the attorney/client privilege and/or attorney work product doctrine. If you have received this email in error, please immediately notify the sender of the erroneous receipt and destroy this email and any attachments of the same either electronic or printed. Thank you. From: Greg Adams <Greg@richardsonadams.com> Sent: Friday, October 2, 2020 11:31 AM To: Moore, Kyle (PacifiCorp) {Mkt Function} <Kyle.Moore@pacificorp.com>; Mifsud, Cynthia Hansen (PacifiCorp) <Cynthia.Hansen@pacificorp.com> Cc: Bryan Case <Bryan.Case@fallriverelectric.com>; Dave Peterson <Dave.Peterson@fallriverelectric.com>; McDermott, Jacob (PacifiCorp) <Jacob.McDermott@pacificorp.com>; Heng, Irene (PacifiCorp) <Irene.Heng@pacificorp.com> Subject: RE: Fall River Rural Elect. Coop.'s Response Letter Re Chester Project PPA Request - RMP Turn Kyle and Cynthia, To follow up on the information regarding losses discussed on the call yesterday, Fall River checked with BPA and they communicated the loss factor is 1.9%. See BPA OATT, Schedule 11 re the 1.9% BPA System Loss factor - BLOCKEDbpa[.]gov/transmission/Doing%20Business/Tariff/Pages/default[.]aspxBLOCKED Greg Adams Richardson Adams, PLLC 515 N. 27th Street Boise, Idaho 83702 Voice: 208.938.2236 Facsimile: 208.938.7904 Exhibit 37 Page 12 confidential, protected by the attorney/client privilege and/or attorney work product doctrine. Inadvertent disclosure of the contents of this email or its attachments to unintended recipients is not intended to and does not constitute a waiver of the attorney/client privilege and/or attorney work product doctrine. If you have received this email in error, please immediately notify the sender of the erroneous receipt and destroy this email and any attachments of the same either electronic or printed. Thank you. From: Moore, Kyle (PacifiCorp) {Mkt Function} <Kyle.Moore@pacificorp.com> Sent: Thursday, September 24, 2020 7:27 AM To: Greg Adams <Greg@richardsonadams.com>; Mifsud, Cynthia Hansen (PacifiCorp) <Cynthia.Hansen@pacificorp.com> Cc: Bryan Case <Bryan.Case@fallriverelectric.com>; Dave Peterson <Dave.Peterson@fallriverelectric.com>; McDermott, Jacob (PacifiCorp) <Jacob.McDermott@pacificorp.com>; Heng, Irene (PacifiCorp) <Irene.Heng@pacificorp.com> Subject: RE: Fall River Rural Elect. Coop.'s Response Letter Re Chester Project PPA Request - RMP Turn Greg, Next Thursday we are open Noon to 2 pm or 3-4 pm MDT. Thanks, Kyle Moore Rocky Mountain Power Commercial Services O 801.220.4467 C 385.210.4209 From: Greg Adams [mailto:Greg@richardsonadams.com] Sent: Wednesday, September 23, 2020 12:53 PM To: Moore, Kyle (PacifiCorp) {Mkt Function} <Kyle.Moore@pacificorp.com>; Mifsud, Cynthia Hansen (PacifiCorp) <Cynthia.Hansen@pacificorp.com> Cc: Bryan Case <Bryan.Case@fallriverelectric.com>; Dave Peterson <Dave.Peterson@fallriverelectric.com>; McDermott, Jacob (PacifiCorp) <Jacob.McDermott@pacificorp.com> Subject: [INTERNET] RE: Fall River Rural Elect. Coop.'s Response Letter Re Chester Project PPA Request - RMP Turn ** REMEMBER SAIL WHEN READING EMAIL ** Sender The sender of this email is Greg@richardsonadams.com using a friendly name ofGreg Adams .Are you expecting the message? Is this different from the message senderdisplayed above? Attachments Does this message contain attachments? No If yes, are you expecting them? Internet Tag Messages from the Internet should have [INTERNET] added to the subject. Exhibit 37 Page 13 Links Does this message contain links? YesCheck links before clicking them or removing BLOCKED in the browser. Cybersecurity risk assessment: Low Kyle, We another commitment on next Wednesday. Is there any time next Thursday after 10:00 MDT that would work? From: Moore, Kyle (PacifiCorp) {Mkt Function} <Kyle.Moore@pacificorp.com> Sent: Wednesday, September 23, 2020 10:54 AM To: Greg Adams <Greg@richardsonadams.com>; Mifsud, Cynthia Hansen (PacifiCorp) <Cynthia.Hansen@pacificorp.com> Cc: Bryan Case <Bryan.Case@fallriverelectric.com>; Dave Peterson <Dave.Peterson@fallriverelectric.com>; McDermott, Jacob (PacifiCorp) <Jacob.McDermott@pacificorp.com> Subject: RE: Fall River Rural Elect. Coop.'s Response Letter Re Chester Project PPA Request - RMP Turn How about Wednesday the 30th at either 10 am or 2 pm MDT? If those times don’t we have some flexibility. Thanks, Kyle Moore Rocky Mountain Power Commercial Services O 801.220.4467 C 385.210.4209 From: Greg Adams [mailto:Greg@richardsonadams.com] Sent: Wednesday, September 23, 2020 9:58 AM To: Moore, Kyle (PacifiCorp) {Mkt Function} <Kyle.Moore@pacificorp.com>; Mifsud, Cynthia Hansen (PacifiCorp) <Cynthia.Hansen@pacificorp.com> Cc: Bryan Case <Bryan.Case@fallriverelectric.com>; Dave Peterson <Dave.Peterson@fallriverelectric.com>; McDermott, Jacob (PacifiCorp) <Jacob.McDermott@pacificorp.com> Subject: [INTERNET] RE: Fall River Rural Elect. Coop.'s Response Letter Re Chester Project PPA Request - RMP Turn ** REMEMBER SAIL WHEN READING EMAIL ** Sender The sender of this email is Greg@richardsonadams.com using a friendly name ofGreg Adams .Are you expecting the message? Is this different from the message sender displayed above? Attachments Does this message contain attachments? No If yes, are you expecting them? Exhibit 37 Page 14 Internet Tag Messages from the Internet should have [INTERNET] added to the subject. Links Does this message contain links? YesCheck links before clicking them or removing BLOCKED in the browser. Cybersecurity risk assessment: Low Kyle and Jacob, What times would PacifiCorp propose to discuss the edits to the Chester PPA in the next week? We should be prepared to discuss that after an internal discussion we will have today. From: Moore, Kyle (PacifiCorp) {Mkt Function} <Kyle.Moore@pacificorp.com> Sent: Thursday, September 17, 2020 10:24 AM To: Greg Adams <Greg@richardsonadams.com>; Mifsud, Cynthia Hansen (PacifiCorp) <Cynthia.Hansen@pacificorp.com> Cc: Bryan Case <Bryan.Case@fallriverelectric.com>; Dave Peterson <Dave.Peterson@fallriverelectric.com>; McDermott, Jacob (PacifiCorp) <Jacob.McDermott@pacificorp.com> Subject: RE: Fall River Rural Elect. Coop.'s Response Letter Re Chester Project PPA Request - RMP Turn Greg, Please find PacifiCorp’s turn of the document. We would like to set up a call to discuss metering issues and Exhibit K to make sure we all have the same understanding of how the metering process will work with Net Output. Do you have some time in the next couple of week for a discussion? Thanks, Kyle Moore Rocky Mountain Power Commercial Services O 801.220.4467 C 385.210.4209 From: Greg Adams [mailto:Greg@richardsonadams.com] Sent: Thursday, September 3, 2020 10:49 AM To: Moore, Kyle (PacifiCorp) {Mkt Function} <Kyle.Moore@pacificorp.com>; McDermott, Jacob (PacifiCorp) <Jacob.McDermott@pacificorp.com> Cc: Bryan Case <Bryan.Case@fallriverelectric.com>; Dave Peterson <Dave.Peterson@fallriverelectric.com>; Mifsud, Cynthia Hansen (PacifiCorp) <Cynthia.Hansen@pacificorp.com> Subject: [INTERNET] RE: Fall River Rural Elect. Coop.'s Response Letter Re Chester Project PPA Request ** REMEMBER SAIL WHEN READING EMAIL ** Sender The sender of this email is Greg@richardsonadams.com using a friendly name ofGreg Adams . Exhibit 37 Page 15 Are you expecting the message? Is this different from the message senderdisplayed above? Attachments Does this message contain attachments? No If yes, are you expecting them? Internet Tag Messages from the Internet should have [INTERNET] added to the subject. Links Does this message contain links? YesCheck links before clicking them or removing BLOCKED in the browser. Cybersecurity risk assessment: Low Kyle and Jake, I am checking in the edits to the Chester PPA. You indicated you would be supplying those by last Friday, but I do not believe I received it. Greg AdamsRichardson Adams, PLLC 515 N. 27th Street, 83702P.O. Box 7218, 83707 Boise, IdahoVoice: 208.938.2236 Facsimile: 208.938.7904 Information contained in this electronic message and in any attachments hereto may contain information that is confidential, protected by the attorney/client privilege and/or attorney work product doctrine. Inadvertent disclosure of the contents of this email or its attachments to unintended recipients is not intended to and does not constitute a waiver of the attorney/client privilege and/or attorney work product doctrine. If you have received this email in error, please immediately notify the sender of the erroneous receipt and destroy this email and any attachments of the same either electronic or printed. Thank you. From: Moore, Kyle (PacifiCorp) {Mkt Function} Sent: Wednesday, August 26, 2020 1:26 PM To: Greg Adams <Greg@richardsonadams.com>; McDermott, Jacob (PacifiCorp) <Jacob.McDermott@pacificorp.com> Cc: Bryan Case <Bryan.Case@fallriverelectric.com>; Dave Peterson <Dave.Peterson@fallriverelectric.com>; Mifsud, Cynthia Hansen (PacifiCorp) <Cynthia.Hansen@pacificorp.com> Subject: RE: Fall River Rural Elect. Coop.'s Response Letter Re Chester Project PPA Request Greg, We are finalizing our response to your redlines and hope to have it over to you by Friday, we apologize for our delay and will make it up in our next response period. Thanks, Kyle Moore Rocky Mountain Power Commercial Services O 801.220.4467 Exhibit 37 Page 16 C 385.210.4209 From: Greg Adams [mailto:Greg@richardsonadams.com] Sent: Friday, August 21, 2020 4:06 PM To: Moore, Kyle (PacifiCorp) {Mkt Function} <Kyle.Moore@pacificorp.com>; McDermott, Jacob (PacifiCorp) <Jacob.McDermott@pacificorp.com> Cc: Bryan Case <Bryan.Case@fallriverelectric.com>; Dave Peterson <Dave.Peterson@fallriverelectric.com>; Mifsud, Cynthia Hansen (PacifiCorp) <Cynthia.Hansen@pacificorp.com> Subject: [INTERNET] RE: Fall River Rural Elect. Coop.'s Response Letter Re Chester Project PPA Request ** REMEMBER SAIL WHEN READING EMAIL ** Sender The sender of this email is Greg@richardsonadams.com using a friendly name ofGreg Adams . Are you expecting the message? Is this different from the message senderdisplayed above? Attachments Does this message contain attachments? No If yes, are you expecting them? Internet Tag Messages from the Internet should have [INTERNET] added to the subject. Links Does this message contain links? YesCheck links before clicking them or removing BLOCKED in the browser. Cybersecurity risk assessment: Medium Hello Kyle and Jake, I am checking in on this PPA request. I believe it has been over 30 days since we submitted our comments and proposed revisions to the PPA. Can we expect PacifiCorp’s response soon? Thanks. Greg AdamsRichardson Adams, PLLC 515 N. 27th Street, 83702P.O. Box 7218, 83707 Boise, IdahoVoice: 208.938.2236 Facsimile: 208.938.7904 Information contained in this electronic message and in any attachments hereto may contain information that is confidential, protected by the attorney/client privilege and/or attorney work product doctrine. Inadvertent disclosure of the contents of this email or its attachments to unintended recipients is not intended to and does not constitute a waiver of the attorney/client privilege and/or attorney work product doctrine. If you have received this email in error, please immediately notify the sender of the erroneous receipt and destroy this email and any attachments of the same either electronic or printed. Thank you. From: Greg Adams Sent: Monday, July 20, 2020 11:05 AM To: Moore, Kyle {Mkt Function} <Kyle.Moore@pacificorp.com>; McDermott, Jacob <Jacob.McDermott@pacificorp.com> Exhibit 37 Page 17 Cc: Bryan Case <Bryan.Case@fallriverelectric.com>; Dave Peterson <Dave.Peterson@fallriverelectric.com>; Mifsud, Cynthia Hansen <Cynthia.Hansen@pacificorp.com> Subject: RE: Fall River Rural Elect. Coop.'s Response Letter Re Chester Project PPA Request Kyle and Jake, I attached Fall River’s proposed revisions to the Chester Hydro PPA. I also attached requested materials related to the interconnection of the facility to Fall River’s distribution system and the transmission path. If you would like to discuss our edits, we can be available to do so. Greg AdamsRichardson Adams, PLLC515 N. 27th Street, 83702P.O. Box 7218, 83707Boise, IdahoVoice: 208.938.2236Facsimile: 208.938.7904 Information contained in this electronic message and in any attachments hereto may contain information that is confidential, protected by the attorney/client privilege and/or attorney work product doctrine. Inadvertent disclosure of the contents of this email or its attachments to unintended recipients is not intended to and does not constitute a waiver of the attorney/client privilege and/or attorney work product doctrine. If you have received this email in error, please immediately notify the sender of the erroneous receipt and destroy this email and any attachments of the same either electronic or printed. Thank you. From: Moore, Kyle {Mkt Function} Sent: Thursday, June 18, 2020 5:07 PM To: Greg Adams <Greg@richardsonadams.com>; McDermott, Jacob <Jacob.McDermott@pacificorp.com> Cc: Bryan Case <Bryan.Case@fallriverelectric.com>; Dave Peterson <Dave.Peterson@fallriverelectric.com>; Mifsud, Cynthia Hansen <Cynthia.Hansen@pacificorp.com> Subject: RE: Fall River Rural Elect. Coop.'s Response Letter Re Chester Project PPA Request Greg, Please find attached the draft PPA for the Chester Project as discussed. Thanks, Kyle Moore Rocky Mountain Power Commercial Services O 801.220.4467 C 385.210.4209 From: Greg Adams [mailto:Greg@richardsonadams.com Exhibit 37 Page 18 Sent: Wednesday, June 10, 2020 5:19 PM To: Moore, Kyle {Mkt Function} <Kyle.Moore@pacificorp.com>; McDermott, Jacob <Jacob.McDermott@pacificorp.com> Cc: Bryan Case <Bryan.Case@fallriverelectric.com>; Woodworth, Thomas <Thomas.Woodworth@PacifiCorp.com>; Dave Peterson <Dave.Peterson@fallriverelectric.com> Subject: [INTERNET] RE: Fall River Rural Elect. Coop.'s Response Letter Re Chester Project PPA Request ** REMEMBER SAIL WHEN READING EMAIL ** Sender The sender of this email is Greg@richardsonadams.com using a friendly name ofGreg Adams .Are you expecting the message? Is this different from the message senderdisplayed above? Attachments Does this message contain attachments? No If yes, are you expecting them? Internet Tag Messages from the Internet should have [INTERNET] added to the subject. Links Does this message contain links? YesCheck links before clicking them or removing BLOCKED in the browser. Cybersecurity risk assessment: Medium Jake and Kyle, I am touching base on the Chester Project PPA request. Please let us know when we can expect to receive the draft PPA we had discussed. We would like to move forward with that as expeditiously as possible. Thanks. Greg Adams Richardson Adams, PLLC515 N. 27th Street Boise, Idaho 83702Voice: 208.938.2236 Facsimile: 208.938.7904 Information contained in this electronic message and in any attachments hereto may contain information that is confidential, protected by the attorney/client privilege and/or attorney work product doctrine. Inadvertent disclosure of the contents of this email or its attachments to unintended recipients is not intended to and does not constitute a waiver of the attorney/client privilege and/or attorney work product doctrine. If you have received this email in error, please immediately notify the sender of the erroneous receipt and destroy this email and any attachments of the same either electronic or printed. Thank you. From: Greg Adams <Greg@richardsonadams.com> Sent: Monday, May 11, 2020 10:33 AM To: Moore, Kyle {Mkt Function} <Kyle.Moore@pacificorp.com>; McDermott, Jacob <Jacob.McDermott@pacificorp.com> Cc: Bryan Case <Bryan.Case@fallriverelectric.com>; Woodworth, Thomas <Thomas.Woodworth@PacifiCorp.com>; Dave Peterson <Dave.Peterson@fallriverelectric.com>Subject: Fall River Rural Elect. Coop.'s Response Letter Re Chester Project PPA Request Jake and Kyle, Please see the attached letter regarding the Chester Project PPA request. Exhibit 37 Page 19 Greg Adams Richardson Adams, PLLC515 N. 27th Street Boise, Idaho 83702Voice: 208.938.2236 Facsimile: 208.938.7904 Information contained in this electronic message and in any attachments hereto may contain information that is confidential, protected by the attorney/client privilege and/or attorney work product doctrine. Inadvertent disclosure of the contents of this email or its attachments to unintended recipients is not intended to and does not constitute a waiver of the attorney/client privilege and/or attorney work product doctrine. If you have received this email in error, please immediately notify the sender of the erroneous receipt and destroy this email and any attachments of the same either electronic or printed. Thank you. Exhibit 37 Page 20