HomeMy WebLinkAbout5.839 Original Contract
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NET ENERGY METERING CONNECTION AGREEMENT
e
for
CUSTOMER FUEL CELL, SOLAR, WIND, or HYDROPOWER
ELECTRIC GENERATING FACILITIES
of NOT MORE THAN 25 KILOWATTS
This Net Energy Metering Connection Agreement is executed in duplicate this 3 day of
M~ ,2002- between ))ellll.q &\.ullellf\e.r- (hereinafter referred to as
"Cust er"), and the CIty of Port Angeles, Electnc UtIhty, a MunicIpal CorporatIOn of the State of
Washington (hereinafter referred to as the City). Both parties, who may be herein further referred to
collectively as "Parties" and individually as "Party", agree as follows:
1. CUSTOMER ELECTRIC GENERATING FACILITY
1.1 Customer has elected, in accordance with RCW 80.60 et seq., to operate either a net
energy metering fuel cell, solar, wind or hydropower electric generating facility, with a
generating capacity of not more than twenty-five kilowatts, in parallel with the City's
transmission and distribution facilities. This generating facility is intended to offset
either part or all of the Customer's electrical requirements.
1.2 Customer's Application for Net Metered Electrical Generation, including the location of
the electrical generating installation and details on the electrical generating unites) is
hereby incorporated into this agreement as Appendix A.
1.3 The installation is identified by the City with the following designators: Transformer No.
(feeder and phase) I 06~/2..5 (L /2..02 - A) , Customer Utility Account No.
37lol-97;)..lfD I .
1.4 A separate agreement shall be entered into for each Customer's electrical service
location(s).
1.5 The electrical generating system used by the Customer shall be located on the
Customer's premises. It shall include all equipment necessary to meet applicable safety,
power quality, and connection requirements established by the National Electrical Code
(Articles 690 and 705), National Electrical Safety Code, the Institute of Electrical and
Electronics Engineers, Underwriters Laboratories, and the City's Connection Standards,
as set forth in Appendix B, which is attached hereto.
1.6 The City shall have the sole authority to determine which connection requirements set
forth herein are applicable to Customer's proposed installation.
2. PAYMENT FOR NET ENERGY
2.1 The City shall measure the net electricity produced or consumed by the Customer during
each billing period, in accordance with normal metering practices.
2.2 If the electricity supplied by the City exceeds the electricity generated by the Customer
and fed back to the City during the billing period, or any portion thereof, then the
Customer shall be billed for the net electricity supplied by the City together with the
appropriate customer charge paid by other customers of the City in the same rate class.
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NET ENERGY METERING CONNECTION AGREEMENT
2.3 If the electricity generated by the Customer and distributed back to the City during the
billing period, or any portion thereof, exceeds the electricity supplied by the City, then
the Customer shall be:
a) billed for the appropriate customer service charge as other customers ofthe City in
the same rate class; and
b) credited for the net excess kilowatt-hours generated during the billing period, with
this kilowatt-hour credit appearing on Customer's bill for the following billing
period.
2.4 At the beginning of each calendar year, any remaining unused kilowatt-hour credit
accumulated by the Customer during the previous year shall be granted to the City
without any compensation to the Customer.
2.5 Customer shall pay any amount owing for electric service provided by the City in
accordance with applicable rates and policies. Nothing in this Section 2 shall limit City's
rights under applicable Rate Schedules, Customer Service Policies, and General
Provisions.
3. INTERRUPTION OR REDUCTION OF DELIVERIES
3.1 The City may require Customer to interrupt or reduce deliveries as follows:
a) when necessary in order to construct, install, maintain, repair, replace, remove,
investigate, or inspect any of its equipment or part of its system; or
b) if it determines that curtailment, interruption, or reduction is necessary because of
emergencies, force or compliance with prudent electrical practices.
3.2 Whenever possible, the City shall give Customer reasonable notice of the possibility that
interruption or reduction of deliveries may be required.
3.3 Notwithstanding any other provision of this Agreement, if at any time the City
determines that either:
a) the facility may endanger City personnel, or
b) the continued operation of Customer's facility may endanger the integrity of the
City's electric system,
The City shall have the right to disconnect Customer's facility from the City's electric
system. Customer's facility shall remain disconnected until such time as the City is
satisfied that the condition(s) referenced in (a) or (b) of this section 3.3 have been
corrected.
4. CONNECTION
4.1 Customer shall deliver the excess energy to the City at the City's meter.
4.2 Customer shall pay for designing, installing, inspecting, operating, and maintaining the
electric generating facility in accordance with all applicable laws and regulations and
shall comply with the City's Connection Standards set forth in Appendix B, which is
attached hereto.
4.3 Customer shall pay for the City's standard watt-hour meter electrical hook-up, ifnot
already present.
4.4 Customer shall not commence parallel operation of the generating facility until written
approval of the connection facilities has been given by the City. Such approval shall not
be uIlFeasonably withheld. The City shall have the right to have representatives
present at the initial testing of Customer's protective apparatus.
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NET ENERGY METERING CONNECTION AGREEMENT
5. MAINTENANCE AND PERMITS
5.1 Customer shall:
a) maintain the electric generating facility and connection facilities in a safe and prudent
manner and in conformance with all applicable laws and regulations,
including, but not limited to, the City's Connection Standards, Appendix B,
and
b) have the system inspected by a qualified technician after 5, 8, 10 years of operation
and every two years thereafter, the latest inspection and test report to be available for
review by the City on request.
c) obtain any governmental authorizations and permits required for the construction and
operation of the electric generating facility and connection facilities. Permit
requirements, for this project, include:
){ Electrical permit
o Building permit
o Clearing and grading permit
o SEP A
o Joint Aquatic Resources Permit.
5.2 Customer shall reimburse the City for any and all losses, damages, claims, penalties, or
liability it incurs as a result of Customer's failure to obtain or maintain any
governmental authorizations and permits required for construction and operation of
Customer's generating facility or failure to maintain Customer's facility as required
in (a) of this Section 5.
6. ACCESS TO PREMISES
The City may enter Customer's premises or property to:
a) inspect, with prior notice, at all reasonable hours, Customer's protective devices;
read meter; and
b) disconnect at the City's meter or transformer, without notice, the connection facilities
if, in the City's opinion, a hazardous condition exists and such immediate action is
necessary to protect persons, or the City's facilities, or property of others from
damage or interference caused by Customer's electric generating facilities, or lack of
properly operating protective devices or inability to inspect the same.
7. INDEMNITY AND LIABILITY
7.1 The Customer assumes the risk of all damages, loss, cost and expense and agrees to
indemnify the City, its successors and assigns, and its respective directors, officers,
employees and agents, from and against any and all claims, losses, costs, liabilities,
damages and expenses including, but not limited to, reasonable attorney fees, resulting
from or in connection with performance of the agreement or which may occur or be
sustained by the City on account of any claim or action brought against the City for any
reason including but not limited to loss to the electrical system of the Customer, caused
by or arising out of an electrical disturbance.
7.2 Such indemnity, protection, and hold harmless includes any demand, claim, suit or
judgement for damages, death or bodily injury to all persons, including officers,
employees or agents, and subcontractors of either Party hereto including payment made
under or in connection with any Worker's Compensation Law or under any plan for
employees' disability and death benefits or property loss which may be caused or
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NET ENERGY METERING CONNECTION AGREEMENT
contributed to by the connection, maintenance, operation, use, presence, or removal of
Customer's equipment. The only exception will be liability occasioned by the sole
negligence or willful misconduct of the City or its employees acting within the scope of
their employment and liability occasioned by a partial negligence of the City or its
employees acting within the scope of their employment to the extent that such partial
liability is fixed by a court of competent jurisdiction.
7.3 The provisions of Section 7 shall not be construed to relieve any insurer of its obligations
to pay any insurance claims in accordance with the provisions of any insurance policy.
7.4 The City shall have no liability, ownership interest, control or responsibility for the
Customer's Electric Generating Facility or its connection with the City's electric system,
regardless of what the City knows or should know about the Customer's Electric
Generating Facility or its connection.
7.5 Customer recognizes that it is waiving immunity under Washington Industrial Insurance
law, Title 51 RCW, and further agrees that this indemnification clause has been mutually
negotiated. This indemnification shall extend to and include attorney's fees and the costs
of establishing the right of indemnification hereunder in favor of the City.
8. INDEPENDENT CONTRACTORS
The Parties hereto are independent contractors and shall not be deemed to be partners, joint
venturers, employees, franchisees or franchisers, servants or agents of each other for any
purpose whatsoever under or in connection with this Agreement.
9. GOVERNING LAW
This Agreement shall be interpreted, governed, and constructed under the laws of the State of
Washington as if executed and to be performed wholly within the State of Washington.
Venue of any action arising hereunder or related to this agreement shall lie in Clallam
County, Washington.
10. AMENDMENTS, MODIFICATIONS OR WAIVER
Any amendments or modifications to this Agreement shall be in writing and agreed to by
both Parties. The failure of any Party at any time or times to require performance of any
provision hereof shall in no manner affect the right at a later time to enforce the same. No
waiver by any Party of the breach of any term or covenant contained in this Agreement,
whether by conduct or otherwise, shall be deemed to be construed as a further or contmuing
waiver of any such breach or waiver of the breach of any other term or covenant unless such
waiver is in writing.
11. APPENDICES
The Agreement includes the following appendices attached and incorporated by reference:
Appendix A:
Customer's Application for Net Metered Electrical Generation to City of Port
Angeles.
Appendix B:
City's Connection Standards for Customer Electric Generating Facilities of 25
Kilowatts or Less.
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NET ENERGY METERING CONNECTION AGREEMENT
12. NOTICES
All written notices shall be directed as follows:
City of Port Angeles:
Electrical Engineering Manager
321 East 51h Street
P.O. Box 1150
Port Angeles, W A 98362
Customer:
3/3
S'chY'e"lner
E. 131h.. st V'eeT
J)e,Y\;s
Name
Address
pov-t AVI:3e1es
City, State & Zi
Wo.., g83Co-;l
Customer notices to the City, pursuant to this Section 13, shall refer to the Service Address
set forth in Appendix A.
14. TERM OF AGREEMENT
This Agreement shall be in effect when signed by the Customer and the City and shall
remain in effect thereafter month to month unless terminated by either Party on thirty (30)
days' prior written notice in accordance with Section 13.
15. SIGNATURES
IN WITNESS WHEREOF, the Parties hereto have caused two originals of this Agreement to
be executed by their duly authorized representatives.
This Agreement is effective as of the last date set forth below.
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APPENDIX A
Application for Net Metered Electrical Generation
Thank you for your interest in establishing a renewable energy or fuel cell connection with
City of Port Angeles, Electric Utility. Please note generation systems must meet certain
requirements to be considered.
. The project must be not morea than 25 kilowatts (kW) in size.
. Generation must be fueled by solar, wind, hydropower or be a fuel cell.
. Owner provides power conditioning, connection, and safety equipment.
. Proj ects will be considered on a first come first served basis.
\
Please complete Customer and Installer Information and the appropriate section for the type
of generation proposed to be installed. In addition, include a one-line diagram and
description of protection equipment. Please allow at least ten working days for processing
your application. Questions may be directed to Electrical Engineering Manager, at telephone
number (360) 417-4702.
Customer Information
(If different than Mmlmg Address)
Daytime Telephone: ( G<oo) 4-S 7 - S ~ 0 q
Electric Utility Account No.: 374>1- 97 a.1G,
Expected System Operational Date: M ~ ~ '3 J ~ 00 7
Installer Information (If dIfferent from Customer InformatIOn)
C.h~is Ha.'V\soV) E(ectV'\e.,
Mailing Address: I 3 Q. d-.. W a. ~ k i Vlj to li' PO. I 7 3
City, State & Zip: Port lOuJrtseV\d I 'vJA '183G,B
EmaiIAddress:' c.h.V"is@ haV\so~\l''\e.twoV'k. CDh-\
Daytime Telephone: (~(qD) 3 as -i.tG> 85 cell (3'0) 301- 5" 7 ~o
Installer Name:
Drawin~s Attached:
X one line, 0 manufacturers literature, 0 design drawings.
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Fuel Cell Information
Fuel Cell Manufacturer:
Fuel Cell Model Number:
Fuel Cell's Rated Power Output (k W):
Inverter Manufacturer:
Inverter Model Number:
Inverter's Power Rating (kW):
(AC continuous)
Describe the protection equipment to be
and the physical location of the installation:
o one line, 0 manufacturers literature, 0 design drawings.
Photovoltaic Solar System Information
PV Module Manufacturer: ~ Ve v~ V'€-e..fA
PV Module Model Number: ES - 180 - R L
PV Power Rating per Module: /80 DC Watts TotalOutput: /440 DC Watts
Inverter Manufacturer: XaVLT~ey. G T SeV';e.s GY'id Tie S()I~V"Ll\,eil-e.v
Inverter Model Number: G T ~ . S" - AJ A.::..D S - 'l LfO
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Number of Modules:
Inverter's Power Rating (kW):
(AC continuous)
Describe the prqtection equipment to be used and the physical location of the installation:
i~~( ~C o:~fJe ~~U~~e-c.fs O~ Th@. r~vev-ThL
Drawings Attached:
'I... one line, 0 manufacturers literature, 0 design drawings.
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Wind System Information
Wind Turbine Manufacturer:
Wind Turbine Model Number:
Wind Turbine Tower Height: feet
Wind Turbine Rated Power Output (kW):
AC Source (check one): 0 Inverter 0 Synchronous Ge
Inverter Manufacturer (if using):
Inverter Model Number:
Inverter's Power Rating (kW):
System Rated Output (kW):
feet
o Induction Generator
(AC continuous)
(AC continuous)
Describe the protection e
ment to be used and the physical location of the installation:
rawings Attached:
o one line, 0 manufacturers literature, 0 design drawings.
Small Hydro Power Information
(AC continuous)
o Induction Generator
Turbine Manufacturer:
Turbine Model Number:
Turbine Power Output (kW):
AC Source ( check one): 0 Inverter
Inverter Manufacturer (if using):
Inverter Model Number:
Inverter's Power Rating (kW):
System Rated Output (kW):
(AC continuous)
(AC continuous)
ent to be used and the physical location of the installation:
o one line, 0 manufacturers literature, 0 design drawings.
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APPENDIX B
CONNECTION STANDARDS
for
CUSTOMER ELECTRIC GENERATING FACILITIES
of not more than 25 KILOWATTS
A. General
This Appendix sets forth the requirements and conditions for interconnected non-utility-
owned electric generation where such generation may be connected for parallel operation
with the service of City of Port Angeles, Electric Utility (the City). For purposes of this
Appendix, the interconnecting entity shall be designated Customer.
B. Connection Requirements
1. Customer shall conform to all applicable National Electric Code (NEC) requirements
[NEC Articles 690 and 705] and building codes, and shall obtain electrical permit(s) for
the equipment installation.
2. Customer shall have a dedicated lockable disconnect device between sources of
alternating-current, (Le. between inverter(s) or other power conditioning unit(s)) and the
City's distribution system._ The lockable disconnect must be accessible tolhe City at all
times and only the City's lock may be used on it.
3. Customer's over current device at the service panel shall be marked to indicate power
source and connection to the City's distribution system.
4. Customer's power production control system shall comply with NEC Articles 690 and
705, Institute of Electrical and Electronics Engineers (IEEE) Standard P929 minimum
specifications, and standards for parallel operation with the City. In particular, the:
a. Power output control system shall automatically disconnect from the City's source
upon loss of the City's voltage and not reconnect until the City's voltage has been
restored by the City.
b. Power output control system shall automatically disconnect from the City's source if
Customer's voltage fluctuates beyond plus or minus 10 percent.
c. Power output control system shall automatically disconnect from the City's if
Customer's and the City's frequency fluctuates plus or minus 2 cycles per second
(Hertz).
d. Inverter output distortion shall meet IEEE Standard 519.
C. Safety
All safety and operating procedures for joint use equipment shall be in compliance with the
Occupational Safety and Health Administration (OSHA) Standard 29, CFR 1910.269, the
NEC, WAC rules, the Washington Industrial Safety and Health Administration (WISHA)
Standard, the City Service Requirements, and equipment manufacturer's safety and
operating manuals.
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