HomeMy WebLinkAbout5.457 Original Contract
5."-157
System Power Control Center
9951 SE Ankeny
Portland, Oregon 97216-2315
- PACIFICORP
S0721
September 26, 1997
Robert Titus
City of Port Angeles Light Department
321 East Fifth
Port ~ge1es, W A 98362
Dear Mr. Titus:
PacifiCorp and City of Port Angeles Light Department (Port Angeles) are parties to a
Service Agreement dated 9/30/Clt7 under PacifiCorp's FERC Electric
Tariff, Original Volume No. 12 (OV-12 Tariff). This letter serves to confirm an
agreement for PacifiCorp to sell firm energy to Port Angeles to fulfill Port Angeles'
obligations to deliver transmission losses to the Bonneville Power Administration (BP A).
This transaction shall be under the terms and conditions of the OV -12 Tariff and as set
forth below:
Term:
October 1, 1997, through September 30, 1998
Hours:
HE 0100 PPT through HE 2400 PPT
Delivery Rate:
1 MW per hour. The actual delivery rate for each hour of Term
will be as specified by BP A for the return of transmission losses by
Port Angeles to BP A.
Point of Delivery:
Points of interconnection between BP A and PacifiCorp
Energy:
OV-12 Tariff firm energy, approximately 8,760 MWh. The actual
amount of firm energy delivered hereunder shall be based upon the
delivery rate for each hour of the Term as specified by BP A for the
return of transmission losses by Port Angeles to BP A.
Energy Price:
$16.75 per MWh.
Scheduling:
Preschedules are due by 10:00 PPT on the business day
preceding the scheduled delivery.
Interruptions:
PacifiCorp's obligation to deliver energy and Port Angeles'
obligation to take receipt of energy shall be excused only in the
event of an uncontrollable force, as that term is defined in the OV-
12 Tariff.
Robert Titus
City of Port Angeles Light Department
September 26, 1997
Page 2
Damages for Non-Performance:
In the event PacifiCorp fails to schedule and to deliver the Energy,
where such failure was not excused by uncontrollable forces, as
defined in the OV-12 Tariff, or by Port Angeles' failure to
perform, PacifiCorp agrees to reimburse Port Angeles for the cost
of any charges, surcharges, or penalties incurred by Port Angeles
as a result ofPacifiCorp's failure to perform.
Billings/Payments: Billings and payments hereunder shall be in accordance with the
OV -12 Tariff. Billing invoices shall be sent to Port Angeles at:
City of Port Angeles Light Department
P. O. Box 1150
Port Angeles, W A 98362
Payments shall be made by wire transfer to:
PacifiCorp
Back Office Administration
825 NE Multnomah, Suite 540
Portland, OR 97232
If the above reflects your understanding of the arrangements, please sign, date and return
one fully executed copy of this agreement.
Sincerely,
(2~~
Jerry D. Miller
Director, Wholesale Services
ACCEPTED:
City of Port Angeles Light Department
Signature: ~
Name (please print) ~OBER..T J .liT\JS
Title: DEPUTY DIRi.C.Ton.. CF UTIUT't SAlv'ce.S
Date: q I'~o 1'7
'..
....-'f
FERC ELECTRIC TARIFF
Original Volume No. 12
of
PACIFICORP
filed with the
FEDERAL ENERGY REGULATORY COMMISSION
Issue Date: April 30, 1997
Effective Date: July 1, 1997
I,
. . ยท PacifiCorp
Original Volume No. 12
Market Based Tariff
Original Sheet No. 1
TART IF. OF CONTENTS
Sheet
Number
TABLE OF CONTENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1. Availabili ty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
2 . App 1 i c ab i 1 it y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3 . Ra t e s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
4. Service Agreement......... ....................2
5. Uncontrollable Forces..... ... .................3
6 . Waivers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
7. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
8. Billing and Payment...........................4
9. Approvals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
10. Transfer of Interest..........................5
11. Severability.................................. 6
12. No Dedication of Facilities...................6
13. Scheduling.................................... 6
14. Transmission Service.............. . . . . . . . . . . . .7
15. Third Party Beneficiary........ ...............7
16 . L i ab i 1 it Y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
17. Liquidated Damages............................7
18. Term.......................................... 8
19. Termination................................... 8
20 . Governing Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
21. Resolution of Disputes........................ 8
Exhibit 1 - Form of Service Agreement Service.... .11
Service Schedule A - Economy Energy Service...... .13
Service Schedule B - Firm Capacity Service....... .14
Service Schedule C - Firm Energy Service......... .15
Service Schedule D - Exchange Service............ .16
Index of Purchasers.............................. .17
Issue Date: April 30, 1997
Effective Date: July 1, 1997
" ~'" PacifiCorp
Original Volume No. 12
Market Based Tariff
Original Sheet No. 2
PACIFICORP
FERC ELECTRIC TARIFF
ORIGINAL VOLUME NO. 12
1. AVATLABTLTTY
This Electric Tariff applies to the delivery of electric
power by PacifiCorp to a Purchaser at wholesale pursuant to
a signed service agreement between PacifiCorp and the
Purchaser.
2. APPLTCABTLTTY
This Electric Tariff is applicable to all sales of electric
energy or capacity at wholesale unless such sales are made
pursuant to another rate schedule or electric tariff of
PacifiCorp.
3. RATF,S
All sales hereunder shall be made at rates established by
agreement between the Purchaser and PacifiCorp; provided
that in the event PacifiCorp uses its own open access
transmission tariff to deliver power to the Purchaser,
PacifiCorp shall separately identify the cost of generation
service, transmission service and ancillary services
associated with such deliveries; and further provided that
in the event PacifiCorp undertakes a transaction with any
affiliate pursuant to this Tariff, PacifiCorp shall first
obtain Federal Energy Regulatory Commission ("Commission")
approval of the transaction in a separate rate filing under
Section 205 of the Federal Power Act.
4. SF,RVTCF, AGRF,F,MF,NT
Service under this Electric Tariff is available either
pursuant to an umbrella service agreement in the form
attached hereto as Exhibit 1 and which will be filed with
the Commission, or pursuant to an individual service
agreement containing different or additional terms and
conditions which will be filed with the Commission. In the
event that the umbrella form of service agreement is used,
the price, type and condition of service, the start time,
the end time, the amount of electric power to be delivered,
the rate of delivery, and point of delivery all may be
agreed to orally or may be recorded in a letter of
transaction record separately from the umbrella service
agreement. If reduced to writing, such letter or
memorandum will be filed with the Commission only upon
special request of a party or the Commission, but would not
ordinarily be filed as a precondition of service.
Issue Date: April 30, 1997
Effective Date: July 1, 1997
. ,~ '. PacifiCorp
Original Volume No. 12
Market Based Tariff
Original Sheet No. 3
5. UNCONTROLLABLE F'ORCF.S
No party shall be considered to be in default in performance
of any of its obligations except to make payment as
specified when a failure of performance shall be due to an
uncontrollable force. The term "uncontrollable force"
means any cause beyond the control of the party affected,
including but not restricted to failure of or threat of
failure of facilities, flood, drought, earthquake, storm,
fire, lightning, epidemic, war, riot, civil disturbance or
disobedience, labor dispute, labor or material shortage,
sabotage, restraint by court order to public authority, and
action or non-action by or failure to obtain the necessary
authorizations or approvals from any governmental agency or
authority which by exercise of due diligence such party
could not reasonably have been expected to avoid and to the
extent which by exercise of due diligence it has been unable
to overcome. No party shall, however, be relieved of
liability for failure of performance if such failure is due
to causes arising out of its negligence or due to removable
or remediable causes which it fails to remove or remedy
within a reasonable time period. Nothing contained herein
shall be construed to require a party to settle any strike
or labor dispute in which it may be involved. Any party
rendered unable to fulfill any of its obligations by reason
of an uncontrollable force shall give prompt, written notice
of such fact to the other party and shall exercise due
diligence to remove such inability within a reasonable time
period.
6. WATVF.RS
Any waiver at any time by any party of its rights with
respect to a default under this Electric Tariff or any other
matter shall not be deemed a waiver with respect to any
subsequent default of the same or any other matter.
7. NOTICES.
7.1 Any formal notice, demand or request shall be in
writing and shall be deemed properly served, given or
made if delivered in person, or sent by either
registered or certified mail, postage prepaid, or
prepaid telegram or telecopy. Any such notice, demand
or request directed to PacifiCorp shall be addressed
to:
PacifiCorp
Wholesale Services Director
9951 SE Ankeny
Portland, Oregon 97216
Issue Date: April 30, 1997
Effective Date: July 1, 1997
\)- '. PacifiCorp
Original Volume No. 12
Market Based Tariff
Original Sheet No. 4
Any such notice to a Purchaser under this Electric
Tariff shall be addressed to the person and address
shown on the service agreement.
7.2 The designation of the above persons or the address of
any such person, may be changed at any time by notice
given in the same manner as provided for other notices.
8. RILLING AND PAYMENT
8.1 Billing D8te.
After commencement of deliveries, PacifiCorp shall use
best efforts to bill on or before the tenth (10th) day
of each month following the month of service ("Invoice
Month"). Each such bill shall be due the last day of
the Invoicing Month or the fifteenth (15th) day after
receipt of the bill, whichever is later. If the due
date is a holiday of either party or a weekend,
payment shall be due on the next following business
day.
8.2. P8yment Address
Unless otherwise agreed, all payments to PacifiCorp
shall be by electronic funds transfer to:
First National Bank of Chicago
ABA#: 071000013
Account: SS-44hA8
Name: P8cifiCorp Wholes8le
8.3 Due D8te
Bills which are not paid in full by the Purchaser
due shall thereafter bear interest at the rate of
1/2% per month or at the maximum rate of interest
allowed by law, whichever is less.
when
1
8.4 Termin8tion of Service Agreement for Non-P8yment
PacifiCorp may, pursuant to Section 19 herein, file for
an order from FERC permitting PacifiCorp to terminate
the service agreement of any Purchaser that is more
than sixty (60) days delinquent in the payment of bills
to PacifiCorp.
8.5 Credit Terms
PacifiCorp may implement reasonable credit review
procedures in order to determine the ability of any
Issue Date: April 30, 1997
Effective Date: July 1, 1997
'--,.
PacifiCorp
Original Volume No. 12
Market Based Tariff
Original Sheet No. 5
Purchaser under this Electric Tariff to meet its
obligations to PacifiCorp. This review shall be made
in conformance with standard commercial practices. In
addition, PacifiCorp may require the Purchaser to
provide and maintain in effect during the term of the
service agreement, an unconditional and irrevocable
letter of credit as security to meet its
responsibilities and obligations under this Electric
Tariff. At the request of the Purchaser, PacifiCorp
may consider alternative forms of security that are
consistent with commercial practices established by the
Uniform Commercial Code and that adequately protect
PacifiCorp against risk of nonperformance by the
Purchaser.
8.6 Billinq Disputes
In case any portion of any bill is in dispute, the
entire bill shall be paid when due. Any excess amount
of bills which, through inadvertent errors or as a
result of a dispute, have been overpaid by the
Purchaser shall be returned to the Purchaser by
PacifiCorp upon determination of the correct amount,
with interest accrued at the rate of 1 1/2% per month
or at the maximum rate of interest allowed by law,
whichever is less, prorated by days from the date of
overpayment to the date of refund.
9. APPROVALS
This Electric Tariff is subject to valid laws, orders, rules
and regulations of duly constituted authorities having
jurisdiction. Nothing contained in this Electric Tariff
shall give the Commission jurisdiction over parties not
otherwise subject to such jurisdiction or be construed as a
grant of jurisdiction over any party by any state or federal
agency not otherwise having jurisdiction by law.
10. TRANSFF,R OF TNTEREST
No voluntary assignment or other transfer of the rights or
obligations of any party shall be made without the written
consent and approval of the other party except to a
successor in operation of the properties of any party. Any
successor, assignee or transferee of the rights of any
party, whether by voluntary transfer, judicial or
foreclosure sale or otherwise, shall be subject to all
these provisions and conditions to the same extent as
though such successor or assignee were the original party,
and no assignment or transfer of any rights shall be
effective unless and until the assignee or transferee
agrees in writing to assume all of the obligations of the
Issue Da~e: April 30, 1997
Effective Date: July 1, 1997
PacifiCorp
Original Volume No. 12
Market Based Tariff
Original Sheet No. 6
assignor or transferor and to be bound by all of the
provisions and conditions of this Electric Tariff. Such
assignment or transfer shall not release the assignor or
transferor from any of its obligations hereunder, unless
the other party expressly agrees to such release. The
execution of a mortgage or trust deed or a judicial or
foreclosure sale made thereunder shall not be deemed a
voluntary transfer within the meaning of this Section 10.
11. SF.VF.RARTLITY
In the event that any of the terms, covenants or conditions
of this Electric Tariff or the application of any such term,
covenant or condition, shall be held invalid as to any
person or circumstance by any court having jurisdiction, all
other terms, covenants or conditions of this Electric Tariff
and their application shall not be affected thereby, but
shall remain in force and effect unless a court holds that
the provisions are not separable from all other provisions
of this Electric Tariff.
12. NO DEDICA'T'TON OF' FACTT.I'T'TF.S
Any undertaking by one party to another party under any
provision of this Electric Tariff shall not constitute the
dedication of the electric system or any portion thereof of
the undertaking party to the public or to the other party,
and it is understood and agreed that any such undertaking
under any provision by a party shall cease upon the
termination of such party's obligations.
13. SCHF.DULING
13.1 Unless otherwise agreed, all transactions under this
Electric Tariff shall be prescheduled subject to any
conditions agreed to by the schedulers of PacifiCorp
and the Purchaser. Each transaction under this tariff
will be specified by the type and conditions of
service, the start time, the end time, the amount, the
rate and the point(s) of delivery and receipt. Rates
for all transactions will be set prospectively, at the
same time as the other terms and conditions of service
are agreed to by PacifiCorp and the Purchaser. No
rates, terms or conditions for any transaction under
this tariff can be set retroactively. Transactions
entered into by the parties shall be promptly confirmed
in writing by the parties if requested by either party.
13.2 Any party receiving service under this Tariff that does
not operate an electric load control area shall assume
full responsibility to arrange for schedules for
ultimate delivery of electric power delivered hereunder
with another electric utility or utilities operating
Issue Date: April 30, 1997
Effective Date: July 1, 1997
PacifiCorp
Original Volume No. 12
Market Based Tariff
Original Sheet No. 7
load control areas. PacifiCorp shall have no
responsibility for the sufficiency of such
arrangements.
14. TRANSMTSSTON SERVTCF.
The parties shall mutually agree upon a point of delivery
for each transaction. Unless otherwise mutually agreed,
the Purchaser shall be responsible for arranging for third
party transmission services from the point of delivery and
shall bear all costs associated with third party
transmission services from the point of delivery. When
PacifiCorp uses its own transmission facilities to deliver
power to the Purchaser pursuant to this Electric Tariff,
PacifiCorp shall acquire transmission service and ancillary
service pursuant to a service agreement placing PacifiCorp
under PacifiCorp's open access transmission tariff. When a
Purchaser uses PacifiCorp's transmission facilities to
receive power from PacifiCorp pursuant to this Electric
Tariff, Purchaser shall acquire transmission service and
ancillary service pursuant to a service agreement placing
the Purchaser under PacifiCorp's open access transmission
tariff.
15. THIRD PARTY BF.NF.FTCTARY
This Electric Tariff shall not be construed to create
rights in, or to grant remedies to, any third party as a
beneficiary of any duty, obligation or undertaking
established herein.
16. LTABILITY
Unless the parties otherwise specifically agree in writing
or unless specifically prohibited by applicable state and
federal law (and then only to the extent of such
prohibition), NEITHER PARTY, ITS DIRECTORS, OFFICERS,
EMPLOYEES, OR REPRESENTATIVES, SHALL BE LIABLE TO ANY OTHER
PARTY FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, including
without limitation any loss or damage to property, loss of
earnings or revenues, and personal injury which may arise
from performance or nonperformance under this Tariff or the
service agreement, including without limitation, any damages
arising from negligence, contract, or warranty, but
excluding damages arising from intentional torts,
negligence, contract or warranty.
17. LIQTTTDATED DAMAGF.S
PacifiCorp and the Purchaser may agree in writing as to
limitations or the manner of liquidation of damages for
failure or anticipated failure of performance.
Issue Date: April 30, 1997
Effective Date: July 1, 1997
, . PacifiCorp
Original Volume No. 12
Market Based Tariff
Original Sheet No. 8
18. .TERM
The term of any transaction entered into under an umbrella
service agreement in the form attached hereto as Exhibit 1
to this Electric Tariff shall not exceed twelve (12) months
from the date the service is initiated. The term of any
transaction entered into under an individual service
agreement under this Electric Tariff containing different or
additional terms and conditions shall be as specified in
such service agreement.
19. TERMINATION
PacifiCorp shall have the unilateral right to terminate
this Electric Tariff or any service agreement at any time by
filing with the Commission a notice of termination pursuant
to 18 CFR 35.15 provided, however, that any obligations
incurred under this Electric Tariff or any service agreement
including transactions that extend beyond the termination
date of this Electric Tariff or any service agreement, shall
be preserved until satisfied.
20. GOVERNING LAW
This Electric Tariff and any service agreement hereunder
shall be interpreted, construed and enforced in accordance
with the laws of the State of Oregon or the laws of the
United Sates of America, whichever is applicable, as if
executed and to be performed wholly within the State of
Oregon.
21. RESOLUTION OF DTSPUTES
21.1 Any dispute between the parties arising out of or
relating to this Tariff or either party's performance
(or non-performance) in relation to this Tariff, must
be settled using dispute resolution procedures as
follows:
a) The parties first will try to settle the dispute
using the Meet & Confer Procedures provided below
in Section 21.2.
b) If the parties cannot settle the dispute using the
Meet & Confer Procedures, the parties will settle
the dispute using the Arbitration Procedures
provided below in Section 21.3.
c) This section, and any Meet & Confer Procedures or
Arbitration Procedures conducted under this Tariff
are governed by the Federal Arbitration Act. The
Issue Date: April 30, 1997
Effective Date: July 1, 1997
'. PacifiCorp
Original Volume No. 12
Market Based Tariff
Original Sheet No. 9
parties recite as facts that this Tariff deals
with interstate transactions with a substantial
impact on interstate commerce, and that service
under this Tariff or any Service Agreement
thereunder evidences a transaction involving
interstate commerce.
21.2 Meet & ~nnfer Prncedures
A party that wants to resolve a dispute must give the
other party written notice. The notice must specify
(1) the dispute in reasonable detail and (2) a proposed
solution. Representatives of the parties must then
meet and try to resolve the dispute. If the
representatives of the parties cannot resolve the
dispute within thirty (30) days of the delivery of the
written notice, each party must then notify the other
party of the name of an officer who is authorized to
resolve the dispute. The designated officers must then
meet and try to resolve the dispute. Unless otherwise
mutually agreed, the dispute is eligible for
arbitration under the Arbitration Procedures below if
it is not resolved within sixty (60) days after
delivery of the written notice of the dispute and upon
the delivery of a written notice demanding arbitration.
21.3 Arhitr<3tinn Prncedures
a) Any dispute not settled under the Meet & Confer
Procedures shall be settled by binding
arbitration, before one arbitrator, in Portland,
Oregon. If the parties cannot agree on an
arbitrator within fourteen (14) days after
delivery of a written notice demanding
arbitration, either party may ask the Circuit
Court of Multnomah County, Oregon to appoint an
arbitrator. An arbitrator appointed by the
Circuit Court of Multnomah County, Oregon shall be
qualified by education, experience and training to
pass upon the particular matters in dispute. The
arbitrator must apply the Expedited Procedures of
Commercial Arbitration Rules of the American
Arbitration Association, as modified by the
Tariff, but the arbitration will not be
administered by the American Arbitration
Association. Any court proceeding relating to the
arbitration (other than a proceeding to obtain
judgment on the arbitrator's award) must be
brought only in the federal or state court in
Portland, Oregon. Judgment on the arbitrator's
award may be entered in any court having
jurisdiction thereof.
Issue Date: April 30, 1997
Effective Date: July 1, 1997
PacifiCorp
Original Volume No. 12
Market Based Tariff
Original Sheet No. 10
b) The arbitrator must make an award within sixty
(60) days after appointment.
c) Bd8p.hdll Arhitration of Rilling dnd Pdymp.nt
Di8putp.8
The procedures of this Section 21.3 c) apply to
such portions of the dispute as relate to billing,
payment or money damages. The parties must, in
advance of the hearing, exchange and submit to the
arbitrator their last best offers. The
arbitrator's power is limited to choosing only one
or the other of the offers submitted.
Issue Date: April 30, 1997
Effective Date: July I, 1997
'. PacifiCorp
Original Volume No. 12
Market Based Tariff
Original Sheet No. 11
EXHIBIT 1
Form of
Service Agreement
Under PacifiCorp's
FERC Electric Tariff Original Volume No. 12
(Market Based Tariff)
1 . PURCHASER
2. ADDRESS OF PURCHASER
3. SERVICES
The Purchaser may request services from PacifiCorp
pursuant to any of the service schedules listed below,
where such services are to be provided in accordance
with PacifiCorp's FERC Electric Tariff Original Volume
No. 12. Specific terms and conditions of services and
rates for such services shall be mutually agreed to by
the Parties at the time each transaction is negotiated
including price, quantity, term and delivery point.
Service Schedule A - Economy Energy Service
Service Schedule B - Firm Capacity/Energy
Service Schedule C - Firm Energy
Service Schedule D - Exchange Service
The service schedules listed above are attached
hereto.
4 . TERM
This Service Agreement may be terminated by the
Purchaser on seven (7) days' written notice to
PacifiCorp. This Service Agreement may be terminated
by PacifiCorp in accordance with the Sections 8.4 and
19 of the Electric Tariff. The obligation of the
parties for full performance of the terms and
conditions of any purchase committed to hereunder
prior to giving notice of termination shall be
preserved.
Issue Date: April 30, 1997
Effective Date: July 1, 1997
..
PacifiCorp
..
Original Volume No. 12
Market Based Tariff
Original Sheet No. 12
5. EFFRCTIVR DATR
This Service Agreement shall become effective on the
later of (i) the date so designated in the acceptance
for filing by the Commission, or (ii) the date of
execution by the parties.
The parties hereto have agreed to the foregoing terms
and conditions and have executed this service agreement
as of
PacifiCorp
By:
(PURCHASER)
By:
Issue Date: April 30, 1997
Effective Date: July 1, 1997
.
PacifiCorp
u
Original Volume No. 12
Market Based Tariff
Original Sheet No. 13
SERVICE SCHEDULE A
ECONOMY ENERGY SERVICE
A.1 Economy Energy transactions shall mean non-firm energy
supplied by PacifiCorp to the Purchaser.
A.2 Rate(s) for service under this Service Schedule shall
be agreed upon by the Purchaser and PacifiCorp at the
time the transaction is negotiated; provided, that in
the event PacifiCorp uses its own transmission
facilities to deliver power to the Purchaser,
PacifiCorp shall acquire such transmission use under
its open access transmission tariff and shall
separately identify the cost of generation service,
transmission service and ancillary services associated
with such deliveries; and further provided that in the
event PacifiCorp undertakes a transaction with any
affiliate pursuant to this Service Schedule,
PacifiCorp shall first obtain Commission approval of
the transaction in a separate rate filing under
Section 205 of the Federal Power Act.
A.3 Non-Firm energy as defined in the service schedule
shall mean that delivery or receipt of the electrical
energy may be interrupted by either party for any
reason at any time. Interruption of non-firm energy
shall not constitute a default.
Issue Date: April 30, 1997
Effective Date: July 1, 1997
..
PacifiCorp
~ Original Volume No. 12
Market Based Tariff
Original Sheet No. 14
SERVICE SCHEDULE B
FIRM CAPACITY SERVICE
B.1 Firm Capacity Service transactions shall mean capacity
and associated energy (if any) supplied by PacifiCorp
to the Purchaser, where such transactions are either:
B.L1
backed by PacifiCorp's system capacity
reserves; or
B.L 2
contingent upon the availability for
operation of a specific PacifiCorp
generating resource (Unit Contingent
Service), where the generating resource is
specified in the letter or memorandum of
service applicable to the Firm Capacity
Service provided by PacifiCorp to the
Purchaser.
B.2 Rate(s) for service under this Service Schedule shall
be agreed upon by the Purchaser and PacifiCorp at the
time the transaction is negotiated; provided, that in
the event PacifiCorp uses its own transmission
facilities to deliver power to the Purchaser,
PacifiCorp shall acquire such transmission use under
its open access transmission tariff and shall
separately identify the cost of generation service,
transmission service and ancillary services
associated with such deliveries; and further provided
that in the event PacifiCorp undertakes a transaction
with any affiliate pursuant to this Service Schedule,
PacifiCorp shall first obtain Commission approval of
the transaction in a separate rate filing under
Section 205 of the Federal Power Act.
B.3 Firm Capacity Service shall be considered a firm
obligation of PacifiCorp's electric system and shall
be interruptible only to the extent required by
either (a) the Uncontrollable Forces provisions of
the Electric Tariff; or (b) for Unit Contingent
Service only forced outage or unavailability of the
specified PacifiCorp generating resource.
Issue Date: April 30, 1997
Effective Date: July 1, 1997
..
PacifiCorp
Original Volume No. 12
Market Based Tariff
Original Sheet No. 15
SERVICE SCHEDULE C
FIRM ENERGY SERVICE
C.1 Firm Energy Service shall mean energy supplied by
PacifiCorp to the Purchaser, where such transaction
is considered to be a firm obligation of PacifiCorp
and the Purchaser.
C.2. Firm Energy Service shall include risk management
transactions that result in the actual delivery of
electricity. 1
C.3 Rate(s} for service under this Service Schedule shall
be agreed upon by the Purchaser and PacifiCorp at the
time the transaction is negotiated; provided, that in
the event PacifiCorp uses its own transmission
facilities to deliver power to the Purchaser,
PacifiCorp shall acquire such transmission use under
its open access transmission tariff and shall
separately identify the cost of generation service,
transmission service and ancillary services
associated with such deliveries; and further provided
that in the event PacifiCorp undertakes a transaction
with any affiliate pursuant to this Service Schedule,
PacifiCorp shall first obtain Commission approval of
the transaction in a separate rate filing under
Section 205 of the Federal Power Act.
C.4 PacifiCorp and the Purchaser may agree that
PacifiCorp's inability to purchase energy to fulfill
its obligations to supply Firm Energy Service to the
Purchaser for a given hour or hours (or up to a
specified number of hours) shall not constitute an
event of default. Under such circumstances,
PacifiCorp may agree to compensate the Purchaser for
the adverse financial effects arising from
PacifiCorp's failure to fulfill its obligations to
supply Firm Energy Service.
Pending a Commission order addressmg the issue of its JUTlSdlctlOn over risk management
transactions in Morgan Stanley Capital Group Inc., 69 FERC ~ 61,175 (1994).
Issue Date: April 30, 1997
Effective Date: July 1, 1997
~
~ PacifiCorp
Original Volume No. 12
Market Based Tariff
Original Sheet No. 16
SERVICE SCHEDULE D
EXCHANGE SERVICE
D.1 Exchange Service shall mean the provision of capacity
and/or energy supplied by PacifiCorp to a Purchaser
that the P~rchaser agrees to deliver to PacifiCorp at
times and in amounts as mutually agreed.
D.2 CnnditinnR nf Servi~e
The following provisions shall be mutually agreed
upon at the time the exchange transaction is
negotiated:
D.2.1
The amount of capacity and energy provided
by PacifiCorp and the amount of capacity
and energy to be delivered by the Purchaser
D.2.2
The scheduling provisions of the agreed
upon transactions, including hourly
delivery amounts.
D.2.3
The Final Return Date.
D.3 Exchange ratios shall be mutually agreed between the
Purchaser and PacifiCorp at the time the transaction
is negotiated; provided, that in the event PacifiCorp
uses its own transmission facilities to deliver power
to the Purchaser, PacifiCorp shall acquire such
transmission use under its open access transmission
tariff and shall separately identify the cost of
generation service, transmission service and
ancillary services associated with such deliveries;
and further provided that in the event PacifiCorp
undertakes a transaction with any affiliate pursuant
to this Service Schedule, PacifiCorp shall first
obtain Commission approval of the transaction in a
separate rate filing under Section 205 of the Federal
Power Act.
D.4 Final Return Date as defined in this service schedule
shall mean the date by which the Purchaser must have
delivered to PacifiCorp capacity and/or energy
provided under this service schedule.
Issue Date: April 30, 1997
Effective Date: July 1, 1997
. .
.. PacifiCorp
Original Volume No. 12
Market Based Tariff
Original Sheet No. 17
INDEX OF PURCHASERS UNDER
PACIFICORP
FERC ELECTRIC TARIFF ORIGINAL VOLUME NO. 12
Purcchasf:rs
Effective
Dat.e
Issue Date: April 30, 1997
Effective Date: July I, 1997
5. </5?
Service Agreement
Under PacifiCorp's
FERC Electric Tariff Volume No. 12
(Market Based Tariff)
1. PURCHASER
City of Port Angeles Light Department
2. ADDRESS OF PURCHASER
321 East Fifth
Port Angeles, WA 98362
3. SERVTCES
The Purchaser may request services from PacifiCorp
pursuant to any of the service schedules listed below,
where such services are to be provided in accordance
with PacifiCorp's FERC Electric Tariff Original Volume
No. 12. Specific terms and conditions of services and
rates for such services shall be mutually agreed to by
the Parties at the time each transaction is negotiated
including price, quantity, term and delivery point.
Service Schedule A - Economy Energy Service
Service Schedule B - Firm Capacity/Energy
Service Schedule C - Firm Energy
Service Schedule D - Exchange Service
The service schedules listed above are attached
hereto.
4 . .TE.RM
This Service Agreement may be terminated by the
Purchaser on seven (7) days' written notice to
PacifiCorp. This Service Agreement may be terminated
by PacifiCorp in accordance with the Sections 8.4 and
19 of the Electric Tariff. The obligation of the
parties for full performance of the terms and
conditions of any purchase committed to hereunder
prior to giving notice of termination shall be
preserved.
5. F.FFF.C.TTVF. DATE
This Service Agreement shall become effective on the
later of (i) the date so designated in the acceptance
for filing by the Commission, or (ii) the date of
execution by the parties.
The parties hereto have agreed to the foregoing terms
and conditions and have executed this service agreement
as of ,130/97
.
PacifiCorp
By:
Services
City of Port Angeles
Light Department
BY'~
SERVICE SCHEDULE A
ECONOMY ENERGY SERVICE
A.I Economy Energy transactions shall mean non-firm energy
supplied by PacifiCorp to the Purchaser.
A.2 Rate(s) for service under this Service Schedule shall
be agreed upon by the Purchaser and PacifiCorp at the
time the transaction is negotiated; provided, that in
the event PacifiCorp uses its own transmission
facilities to deliver power to the Purchaser,
PacifiCorp shall acquire such transmission use under
its open access transmission tariff and shall
separately identify the cost of generation service,
transmission service and ancillary services associated
with such deliveries; and further provided that in the
event PacifiCorp undertakes a transaction with any
affiliate pursuant to this Service Schedule,
PacifiCorp shall first obtain Commission approval of
the transaction in a separate rate filing under
Section 205 of the Federal Power Act.
A.3 Non-Firm energy as defined in the service schedule
shall mean that delivery or receipt of the electrical
energy may be interrupted by either party for any
reason at any time. Interruption of non-firm energy
shall not constitute a default.
SERVICE SCHEDULE B
FIRM CAPACITY SERVICE
B.1 Firm Capacity Service transactions shall mean capacity
and associated energy (if any) supplied by PacifiCorp
to the Purchaser, where such transactions are either:
B.1.1
backed by PacifiCorp's system capacity
reserves; or
B.1.2
contingent upon the availability for
operation of a specific PacifiCorp
generating resource (Unit Contingent
Service), where the generating resource is
specified in the letter or memorandum of
service applicable to the Firm Capacity
Service provided by PacifiCorp to the
Purchaser.
B.2 Rate(s) for service under this Service Schedule shall
be agreed upon by the Purchaser and PacifiCorp at the
time the transaction is negotiated; provided, that in
the event PacifiCorp uses its own transmission
facilities to deliver power to the Purchaser,
PacifiCorp shall acquire such transmission use under
its open access transmission tariff and shall
separately identify the cost of generation service,
transmission service and ancillary services
associated with such deliveries; and further provided
that in the event PacifiCorp undertakes a transaction
with any affiliate pursuant to this Service Schedule,
PacifiCorp shall first obtain Commission approval of
the transaction in a separate rate filing under
Section 205 of the Federal Power Act.
B.3 Firm Capacity Service shall be considered a firm
obligation of PacifiCorp's electric system and shall
be interruptible only to the extent required by
either (a) the Uncontrollable Forces provisions of
the Electric Tariff; or (b) for Unit Contingent
Service only forced outage or unavailability of the
specified PacifiCorp generating resource.
SERVICE SCHEDULE C
FIRM ENERGY SERVICE
C.l Firm Energy Service shall mean energy supplied by
PacifiCorp to the Purchaser, where such transaction
is considered to be a firm obligation of PacifiCorp
and the Purchaser.
C.2. Firm Energy Service shall include risk management
transactions that result in the actual delivery of
electrici ty. 1
C.3 Rate(s) for service under this Service Schedule shall
be agreed upon by the Purchaser and PacifiCorp at the
time the transaction is negotiated; provided, that in
the event PacifiCorp uses its own transmission
facilities to deliver power to the Purchaser,
PacifiCorp shall acquire such transmission use under
its open access transmission tariff and shall
separately identify the cost of generation service,
transmission service and ancillary services
associated with such deliveries; and further provided
that in the event PacifiCorp undertakes a transaction
with any affiliate pursuant to this Service Schedule,
PacifiCorp shall first obtain Commission approval of
the transaction in a separate rate filing under
Section 205 of the Federal Power Act.
C.4 PacifiCorp and the Purchaser may agree that
PacifiCorp's inability to purchase energy to fulfill
its obligations to supply Firm Energy Service to the
Purchaser for a given hour or hours (or up to a
specified number of hours) shall not constitute an
event of default. Under such circumstances,
PacifiCorp may agree to compensate the Purchaser for
the adverse financial effects arising from
PacifiCorp's failure to fulfill its obligations to
supply Firm Energy Service.
Pending a Commission order addressing the issue of its jurisdiction over risk management
transactions in Morgan Stanley Capital Group Inc., 69 FERC ~ 61,175 (1994).
. ~ I ..
SERVICE SCHEDULE D
EXCHANGE SERVICE
D.l Exchange Service shall mean the provision of capacity
and/or energy supplied by PacifiCorp to a Purchaser
that the Purchaser agrees to deliver to PacifiCorp at
times and in amounts as mutually agreed.
D.2 Conditions of Service
The following provisions shall be mutually agreed
upon at the time the exchange transaction is
negotiated:
D.2.l
The amount of capacity and energy provided
by PacifiCorp and the amount of capacity
and energy to be delivered by the
Purchaser.
D.2.2
The scheduling provisions of the agreed
upon transactions, including hourly
delivery amounts.
D.2.3
The Final Return Date.
D.3 Exchange ratios shall be mutually agreed between the
Purchaser and PacifiCorp at the time the transaction
is negotiated; provided, that in the event PacifiCorp
uses its own transmission facilities to deliver power
to the Purchaser, PacifiCorp shall acquire such
transmission use under its open access transmission
tariff and shall separately identify the cost of
generation service, transmission service and
ancillary services associated with such deliveries;
and further provided that in the event PacifiCorp
undertakes a transaction with any affiliate pursuant
to this Service Schedule, PacifiCorp shall first
obtain Commission approval of the transaction in a
separate rate filing under Section 205 of the Federal
Power Act.
D.4 Final Return Date as defined in this service schedule
shall mean the date by which the Purchaser must have
delivered to PacifiCorp capacity and/or energy
provided under this service schedule.