HomeMy WebLinkAbout5.413 Original Contract
, Becky Upton - Upcoming Expirations doc
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Upcominl! Expirations - 2003
CIty Clerk Lease FIle No. 2.18 - Portion of Webster Park to Campfire GIrlS - 10/3/78 - 10/3/03 -
$1 sum total
CIty Clerk Contract FIle No. 4.349 - Healthcare Management Admimstrators - AdmmIstrative
ServIces Contract for Dental Benefits - 1/1/03 - 12/31/03
CIty Clerk Agreement File No. 5.247 - PENCOM Agreements wIth SeqUlm, FIre Dlstncts #2, #3,
#4, #5, and Lower Elwha Tribe - 1/1/98 - 12/31/03 - also, agreement wIth NatIOnal Park ServIce
expIres as of 7/23/03
City Clerk Agreement FIle No. 5.350 - Department of Transportahon - to provIde real estate
servIces reo land acqulSltIOn, relocation, and related services - Extended to 7/19/03
CIty Clerk Agreement Flle No. 5.413 - LG&E Power Marketmg - Power Sales Agreement-
9/30/96 - 9/30/2003
City Clerk Agreement File No. 5.454 - CIty of Forks - Pnsoner Confinement SerVIces - 1/1/2000
for three (3) years, renewable annually - to be renegotiated every three (3) years
CIty Clerk Agreement File No. 5.500 - US Netcom - Software Maintenance & Support
Agreement reo Autodialer used by Customer Services for mght phone calls to customers reo
delinquent payments - 4/16/02 - 4/15/03
CIty Clerk Agreement Flle No. 5.521 - Port Angeles School Dlstnct #121 - HIgh School
Resource Officer Program - 9/9/02 - 6/20/03
CIty Clerk Agreement File No. 5.628 - Roger A. Zegers, dba Systems DeSIgn - Ambulance
Transport B1l1mg - 4/1/02 - 6/30/03 w/renewal options
CIty Clerk Easement File No. 7.23 - Burrowes & Fox Easement - 6/15/78 - 6/15/03 - CruIse Map
Agreement - Morse Creek Watershed
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. Becky Upton - Upcoming EXpirations
__ ____ ~ag~__1 "
From:
To:
Ziomkowski
Date:
Subject:
Becky Upton
Bob Coons; Dan McKeen; Dennis Dickson; Glenn Cutler; Tom Riepe; Yvonne
3/28/03 4:37PM
Upcoming Expirations
Attached is a list of upcoming expirations for various leases, contracts, agreements, etc. Please review
the list for those issues that may fall In your area of responsibility. Please let me know if we are not gOing
to pursue a new or renewed contract so that I can make the appropriate notations In my file Index.
Thanksl
Becky
5, <//3
POWER SALES AGREEMENT
BETWEEN
mE CITY OF PORT ANGELES
AND
LG&E POWER MARKETING INC.
INDEX
Section
Page
1. DEFINITION. . . . . . . . . . " ............................... 1
2. TERM AND TERMINATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3. TRANSMISSION SERVICES BY OTHERS .. . . . . . . . . . . . . . . . . . . 2
4. SALE OF FIRM CAPACITY AND ENERGY .................. 3
5. FIRM ENERGY DELIVERY PROVISIONS ................... 3
6. PRICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
7. SCHEDULING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
8. BILLING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
9. AUDIT RIGHTS .............................. . . . . . . . . . . 5
10. GOVERNING LAW ..................................... 6
11. NOTICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
12. FORCE MAJEURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
13. DEFAULT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
14. WAIVER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
15. INDEMNIFICATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
16. MISCELLANEOUS...................................... 8
17. ENTIRE AGREEMENT .................................. 8
18. ASSIGNABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
19. GUARANTEE BY PARENT CORPORATION ................. 9
20. REPRESENTATIONS AND WARRANTIES................... 9
21. CONDITIONS TO EFFECTIVENESS ........................ 9
Exhibit A
Exhibit B
Exhibit C
POWER SALES AGREEMENT
BETWEEN THE
CITY OF PORT ANGELES
AND
LG&E POWER MARKETING INC.
This POWER SALES AGREEMENT ("Agreement") is made this a3rdday of
~~~\ , 1996, between the City of Port Angeles ("Port Angeles"), a municipal
corporation organized and existing under the laws of the State of Washington and LG&E
Power Marketing Inc., a California corporation ("LPM"); each sometimes hereinafter
individually referred to as a "Party", and both sometimes hereinafter collectively referred
to as the "Parties."
RECITALS
WHEREAS, LPM is engaged in the generation, transmission and distribution of
electric power and energy, and is authorized to make sales pursuant to FERC Electric Rate
Schedule No. 1 as established by FERC in Docket No. ER-94-56-000; and
WHEREAS, LPM is a wholly-owned indirect subsidiary of LG&E Power Inc., a
Delaware corporation; and
WHEREAS, Port Angeles is engaged in the purchase, transmission and distribution
of electric power and energy and the sale of such power to its customers; and
WHEREAS, Port Angeles desires to purchase electrical capacity and energy from
LPM in the form of a five-year product; and
WHEREAS, LPM desires to sell electrical capacity and energy to Port Angeles under
the terms and conditions of this Agreement.
NOW, THEREFORE, Port Angeles and LPM agree as follows:
1. DEFINITIONS
As used herein, the following terms have the following meanings when used with
initial capitalization, whether singular or plural:
1.1 "Agent" means the entity designated by Port Angeles responsible for
managing the scheduling and real time receipt of energy on behalf of Port Angeles at the
1
Point of Delivery.
LPM.
1.2 "Agreement" means this Power Sales Agreement between Port Angeles and
1.3 "BPA" means the Bonneville Power Administration or its successor(s).
1.4 "BP A Power Sales Contract" means the power contract between Port Angeles
and BP A, as may be amended from time to time.
1.5 "FERC" means the Federal Energy Regulatory Commission.
1.6 "Firm Capacity" means capacity that is made available to Port Angeles, as set
forth in Section 4.
1.7
Section 5.
"Firm Energy" means energy associated with Firm Capacity as set forth in
1.8 "Point of Delivery" means the point or points at which the systems of Port
Angeles and BP A interconnect, and at which BP A delivers firm power to Port Angeles
under the BP A Power Sales Contract.
1.9 "Point of Integration" means the Mid Columbia point at which Port Angeles
has access to the Federal Columbia River Transmission System, as set forth in Exhibit B,
and where LPM shall make available to Port Angeles Firm Energy and Firm Capacity
pursuant to this Agreement.
2. TERM AND TERMINATION
2.1 Effective Date and Termination Date. The Effective Date of this Agreement
shall be the later of 2400 hours PDT on September 30, 1996 or the date all conditions to
effectiveness under Section 21 have either been satisfied or waived, and, except for payment
of any amounts then owing by the Parties, this Agreement shall terminate at 2400 hours
PDT on September 30, 2003. The price stated in this Agreement shall remain in effect
through the term of this Agreement.
2.2 Regulatory Matters. Neither Party shall petition FERC pursuant to the
provisions of Section 205 and 206 of the Federal Power Act to change the prices set forth
in this Agreement nor support such a petition by any other person or entity.
3. TRANSMISSION SERVICES BY OTHERS
3.1 Transmission. Port Angeles shall use reasonable efforts to secure from BP A
firm transmission capacity under the Network Transmission Tariff and Rate Schedule for
the delivery of Firm Capacity and Firm Energy to Port Angeles at the Points of Delivery.
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3.2 Payment for Transmission. Port Angeles shall pay the costs and losses
charged by BP A for the Network Transmission service required to deliver the Firm Capacity
and Firm Energy from the Point of Integration to the Point(s) of Delivery.
4. SALE OF FIRM CAPACITY AND ENERGY
Commencing on the Effective Date and continuing through the term of this
Agreement, LPM shall make available and sell to Port Angeles at the Point of Integration,
Firm Capacity and associated Firm Energy during each month during the term.
Commencing on the Effective Date and continuing through the term of this Agreement,
Port Angeles shall receive and purchase at the Point of Integration, Firm Capacity and
associated Firm Energy during each month during the term. The monthly amounts of Firm
Capacity are set forth in Exhibit A.
5. FIRM ENERGY DELIVERY PROVISIONS
Commencing on the Effective Date and continuing through the term of this
Agreement, LPM shall deliver to Port Angeles at the Point of Integration Firm Energy
associated with the Firm Capacity amounts identified in Exhibit A at a monthly load factor
equal to one hundred percent (100%) per hour, except as provided by Section 7. Port
Angeles shall purchase such Firm Energy ~t a monthly load factor equal to one hundred
percent (100%) per hour.
6. PRI CES
6.1 Port Angeles shall pay LPM for all Firm Energy at the prices set forth in
Exhibit A and in accordance with the billing provisions set forth in Section 8.
6.2 If Port Angeles exercises its displacement option pursuant to Section 7.5, Port
Angeles will pay LPM an amount calculated by multiplying the Displacement Charge set
forth in Exhibit C for the appropriate month by the number of megawatt-hours by which
the Firm Energy delivered to the Point of Integration during a month is less than the
amount of Firm Energy which would have been delivered had Port Angeles scheduled the
full amount of Firm Capacity and associated Firm Energy at a one-hundred percent (100%)
load factor per hour.
7. SCHEDULING. CURTAILMENT AND DISPLACEMENT
7.1 Daily Schedules. Port Angeles shall prepare and submit to BP A, consistent
with the provisions of Port Angeles's BP A Power Sales Contract and Transmission Service
Agreement, schedules for the delivery of Firm Capacity and Firm Energy to the Point(s) of
Delivery consistent with this Agreement. Port Angeles will notify BP A that LPM will
perform all prescheduling activities necessary to make Firm Capacity and Firm Energy
available at the Point of Integration in amounts required under this Agreement.
7.2 Damaged Facilities. In the event that Port Angeles's facilities are damaged or
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otherwise fail, necessitating a curtailment of deliveries of Firm Capacity and Firm Energy
from LPM, Port Angeles shall notify LPM as soon as practicable requesting a curtailment
of such deliveries. LPM shall cause deliveries of Firm Capacity and Firm Energy to cease
as soon as practicable after receiving notice from Port Angeles, and shall only resume such
deliveries upon receiving notification from Port Angeles that such curtailment is no longer
necessary. If the curtailment is due to a Force Majeure, the curtailed deliveries shall be
handled in accordance with Section 7.6. If the curtailment was not due to a Force Majeure,
Port Angeles shall compensate LPM for any loss sustained due to implementing such a
curtailment, in amounts up to, but not in excess of, full payment for the curtailed Firm
Capacity and Firm Energy. LPM shall use reasonable efforts to minimize such losses.
7.3 Notice. If Port Angeles fails to notify LPM regarding an inability by Port
Angeles to receive deliveries of Firm Capacity and Firm Energy, and should LPM continue
to make such deliveries to the Point of Integration, such Firm Capacity and Firm Energy
shall be deemed to have been delivered to Port Angeles under this Agreement whether or
not it is ultimately received at the Point of Delivery.
7.4 Reduction in Deliveries. In the event that Port Angeles's facilities are
damaged or otherwise fail, and Port Angeles has not curtailed deliveries under this
Agreement pursuant to Section 7.2, any reduction in power deliveries at the Point of
Delivery shall be deemed to be a reduction in deliveries under Port Angeles's BP A Power
Sales Contract.
7.5 Displacement. Port Angeles may elect to displace, in equal hourly amounts,
Firm Capacity and associated Firm Energy available to Port Angeles during any month by
providing LPM written notice ten (10) days prior to the first day of the month in which the
displacement will occur of the hourly amounts (expressed in MWhrs) of Firm Energy which
will be displaced. Port Angeles will pay the applicable Displacement Charge, set forth in
Exhibit C, for any Firm Energy so displaced. Such displacement must occur in equal hourly
amounts for the entire month, not a portion thereof.
7.6 System Logs. For purposes of billing, all deliveries hereunder shall be deemed
to be made during the hour and in the amounts as recorded in LPM dispatchers' system
logs; provided, however, that if scheduled deliveries are interrupted due to a Force Majeure,
such schedules shall be adjusted to reflect such interruption and any scheduled delivery so
interrupted shall be rescheduled at a later date as mutually agreed.
7.7 Changes in Scheduling Procedures. In the event that the terms and
procedures generally applicable to power transactions between the Parties are changed, the
terms and procedures described in this Section 7 shall be adjusted to reflect such changes.
8. ' BILLING
8.1 PaYment. Mter the last day of each month during the term of this
Agreement, LPM shall prepare and submit to' Port Angeles a bill for the prior month
reflecting the amount of firm Energy delivered to the Point of Delivery and the payment
4
due, and any Displacement Charge calculated for such month. Payment shall be due from
Port Angeles to LPM within twenty (20) days of receipt of such bill.
Billing invoice shall be addressed and sent to:
Attn: Accounting Department
City of Port Angeles
P. O. Box 1150
Port Angeles, Washington 98362
8.2 Payment to LPM. Payments for all services provided hereunder shall be made
by wire transfer to LPM as stated below:
PNC Bank, Kentucky
ABA Routing #083000108
For LG&E Power Marketing Inc.
Account #3100532665
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8.3 Late Payment. Payments not received within such twenty (20) day period shall
be considered overdue. Interest shall accrue on any unpaid overdue amounts at one percent
(1 %) per month or the maximum rate permitted by law, whichever is less, from the date
due until such payment is made.
8.4 Bill Disputes. In the event that any portion or any bill is in dispute, the
, disputed amount shall be paid, under protest, when due. Upon determination of the correct
billing amount, the proper adjustment, with interest, shall promptly be paid to the Party to
whom it is owned by the other Party within twenty (20) days after such determination. The
interest rate applied to such disputed amount shall be one percent (l %) per month or the
maximum rate permitted by law, whichever is less, from the original due date to the date
upon which the proper adjustment payment is made.
9. AUDIT RIGHTS
Port Angeles, at its expense, shall have the right to audit any supporting
documentation related to any charge made under this Agreement. Any such audit shall be
undertaken by Port Angeles, or its representatives, at reasonable times and in conformance
with generally accepted auditing standards. The right to audit a charge shall extend for a
period of eighteen (18) months following the first billing for such charge. LPM shall
cooperate with such audit and retain all necessary records or documentation for the entire
length of the audit period. Port Angeles shall take all steps reasonably available to secure
the confidentially of LPM's accounting records and supporting documents. If any such audit
discloses that an overpayment or an underpayment has been made, then the amount of such
overpayment or underpayment shall promptly be paid to the Party to whom it is owed by
the other Party with interest at a rate equal to one percent (1%) per month or the
maximum rate permitted by law, whichever is less.
5
10. GOVERNING LAW
This Agreement and pe~formance hereunder shall be subject to and be construed
under application of the laws of the State of Washington.
11. NOTICES
Notification under this Agreement, except otherwise required herein, may be made
by telephone or other means between the Parties' scheduling representatives. The names,
addresses and telephone numbers of the Parties' scheduling representatives shall be
exchanged by the Parties in writing within thirty (30) days after execu tion of this Agreement.
Any written notices required hereunder shall be deemed properly given if deposited in the
United States mail with first class postage prepaid, properly addressed as set forth below,
with a facsimile transmitted by telecopier on the day of mailing to the telecopier number
set forth below:
To Port Angeles: Director of City Light
City of Port Angeles
P. O. Box 1150
Port Angeles, W A 98362
Fax Number (360) 417-4709
To LPM: Senior Vice President
LG&E Power Marketing Inc.
3200 Park Center Drive, Suite 400
Costa Mesa, CA 92626
Fax Number (714) 241-4790
The Parties may change at any time the persons to whom notices are addressed, or
their addresses, by providing notice thereof as specified in this Section 11.
12. FORCE MAJEURE
Neither Party shall be responsible or liable for or deemed in breach thereof because
of any delay or failure in the performance of their respective obligations hereunder (other
than failure to pay money when due), to the extent such delay or failure is due solely to
circumstances beyond the reasonable control of the Party experiencing such delay or failure,
including, but not limited to acts of God, unusually severe weather conditions, strikes or
other labor difficulties, war, riots, requirements, actions or failures to act on the part of
governmental authorities preventing performance, accidents, fires, failure of, damage to, loss
of right to or destruction or breakdown of necessary transmission facilities, failures of
transmission facilities, or transportation or transmission delays or accidents (such causes,
a "Force Majeure"). The non-performing Party shall give the other Party prompt written
notice of the occurrence of the Force Majeure and the non-performing Party shall use
reasonable efforts to remedy its inability to perform.
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13. DEFAULT
13.1 Default by LPM. In the event LPM fails to deliver Firm Energy, and such
failure is not due to a Force Majeure, then as Port Angeles's sole and exclusive remedy for
such failure, LPM shall pay to Port Angeles (on the date payments would otherwise be due
under this transaction) an amount for each MWhr of such deficiency equal to the sum of:
(i) the price at which Port Angeles is, or would be able, to purchase or otherwise receive
comparable supplies of power at a commercially reasonable price (adjusted to reflect
difference in transmission costs, if any, and any applicable charges or penalties such as
unauthorized increase charge by BPA) minus (ii) the price as set forth above in Section 6;
provided. however, if the amount determined in the preceding clause" is negative, then
the amount shall be equal to zero for purposes of calculating the deficiency payment.
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13.2 Default by Port Angeles. Except as provided in Section 7, if Port Angeles or
Agent fails to schedule and to receive Firm Energy, and such failure is not due to a Force
.Majeure, then as LPM sole and exclusive remedy for such failure, Port Angeles shall pay
LPM on the date' payment would otherwise be,due under this transaction an amount for
each MWhr of such deficiency equal to the sum of: (i) the price set forth above in Section
6 minus (ii) the price at which LPM is, or would be able, to sell or otherwise dispose of
comparable supplies of power at a commercially reasonable price (adjusted to reflect
differences in transmission costs, if any); provided. however, if the amount determined in
the preceding clause1fis negative, then the amount shall be equal to zero for purposes of
calculating the deficiency payment.
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13.3 Default by Either Party. If either Party fails to pay any amount due and
. owing pursuant to this Section 13, or if Port Angeles fails to pay a bill properly rendered
pursuant to Section 8 when due and owing, then in that event the Party to whom payment
is due may, forty-five (45) days after providing the Party from which payment is due written
notice stating the due date of payment and the amount in default, elect to: (1) suspend its
performance under this Agreement until the amount in default, plus any interest due on
such amount, is paid in full; and (2) exercise any remedy available at law or in equity.
13.4 Liability. LPM shall not be liable to Port Angeles hereunder for any damages
or losses suffered or incurred by Port Angeles as a result of service interruptions by Port
Angeles under contracts with other parties.
14. WAIVER
Any waiver by a Party of its rights with respect to default hereunder, or with respect
to any other matter arising in connection herewith, shall not be deemed to be a waiver with
respect to any subsequent default or matter. No delay in asserting or enforcing any right
hereunder shall be deemed a waiver of such right.
15. INDEMNIFICATION
Except as provided in this Section, each Party hereto hereby assumes all liability f<?r
7
injury or damage to persons or property arising from the negligent act of its own employees,
agents, or contractors and shall indemnify and hold the other Party harmless from any
liability arising therefrom. Notwithstanding the foregoing, no Party shall be liable, whether
in contract, warranty, tort, or strict liability, to the other Party for any injury or death to any
person, or for any loss or damage to any injury or death to any person, or for any loss or
damage to any property, caused by or arising out of an electric disturbance on that Party's
electric system, whether or not such electric disturbance resulted from that Party's negligent,
grossly negligent, or wrongful act or omission, . excepting only action knowingly or
intentionally taken, or failed to be taken, with the intent that injury or damage should result
therefrom, or which action is wantonly reckless. Each Party releases the other Party from,
and shall indemnify the other Party for, any such liability. As used in this Section, (1) the
term "party" means, in addition to such Party itself, its directors, officers, commissioners
and employees; (2) the term "damage" means all damage, including consequential damage;
and (3) the term "person" means any person, including those not connected with either
Party to this agreement. .
16. MISCELLANEOUS
16.1 Title and Risk of Loss. Title to and risk of loss of energy shall transfer from
LPM to Port Angeles at and from the Point of Integration.
16.2 Consequential Damages. Notwithstanding anything to the contrary elsewhere
in this Agreement, neither Party or its affiliates shall, in any event, be liable to any other
Party or its affiliates for any indirect, incidental, special or consequential damages, including
c.. but not limited to, loss or revenue, cost of capital, loss of business reputation or opportunity
. whether such liability arises out of contract, tort (including negligence), strict liability or
otherwise.
16.3 Disclaimer. LPM hereby disclaims all warranties of fitness and
,. - merchantability except as expressly provided herein, and the Port Angeles agrees to buy
energy "as is" except as expressly provided herein.
17. ENTIRE AGREEMENT
This Agreement and any referenced appendices constitutes the entire agreement of
the Parties hereto with respect to the transaction addressed herein, and supersedes and
replaces any prior discussions, understandings or agreements. This Agreement may be
amended only by a written document signed by both Parties hereto.
18. ASSIGNABILITY
Neither Party may assign this Agreement to another party, without the advance
written consent of the other Party to this Agreement, such consent not to be unreasonably
withheld. No assignment, merger, or consolidation shall relieve any Party of obligation
under this Agreement. Subject to the foregoing restriction in this Section, this Agreement
shall be binding upon and insure to the benefit of, and be enforceable by the Parties and
8
their respective successors and assigns.
19. GUARANTEE BY PARENT CORPORATION
As part of this consideration for Port Angeles entering in this Agreement, and in
order to induce Port Angeles to enter into this Agreement, LG&E Power Inc., which
indirectly owns all of the stock of LG&E Power Marketing Inc., has executed this
Agreement to indicate that it hereby guarantees the financial obligations, including payment
obligations, of LPM under this Agreement.
20. REPRESENTATIONS AND WARRANTIES
Each Party represents and warrants to the other Party that:
20.1 The Party has full corporate power, authority and legal right to execute,
deliver and perform this Agreement.
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20.2 The Party's governing board has taken all actions necessary to authorize the
execution, delivery and performance of this Agreement. Such execution, delivery and
performance do not contravene any law, regulations, rule or the Party's charter, articles or
incorporation or bylaws.
20.3 The officer or employee executing this Agreement on behalf, of the Par~ is
duly and properly in office and fully authorized to execute this Agreement.
20.4 ,No government approval or filing or registration is required for the execution,
delivery and performance of this Agreement by the Party.
20.5 This Agreement has been duly executed and delivered by the Party and
'constitutes a legal and binding obligation of the Party, enforceable against the Party in
accordance with its terms.
21. CONDITIONS TO EFFECTIVENESS
This Agreement shall not be effective unless and until each of the following
conditions is either satisfied or waived by the Port Angeles on or before the relevant date.
Port Angeles will use its best efforts to satisfy each of these conditions on or before
September 25, 1996. If all of these conditions have not been satisfied or waived by Port
Angeles on or before the dates set for the satisfaction of each condition, then this
Agreement shall terminate without liability by either Party to the other. However, if the
Parties mutually agree to extend the time by which any of these conditions must be satisfied,
this Agreement shall not terminate unless and until a condition is not satisfied by the
relevant extended deadline.
21.1 BPA Load Commitment Resolution. By no later than October 1, 1996, Port
Angeles must reach a resolution with BP A satisfactory to Port Angeles regarding the ability
9
of Port Angeles to remove a portion of its load from BP A, and the terms under which the
Port Angeles may do so.
21.2 BPA/Other Transmission Arrangements. Port Angeles must make
arrangements with BP A and/or other utilities (as required) that shall be effective by October
1, 1996, or such date as deliveries actually start under this Agreement, regarding the ability
to transmit power purchased from LPM to the Port Angeles on terms and conditions
acceptable to Port Angeles.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed in their respective names by their respective officers thereunder duly authorized.
CITY OF PORT ANGELES
Title: /Ill A V n R..-/
LG&E POWER MARKETING INC.
BY:~.--
Title: tI,~C. rbI, l)(J"'
LG&E Power Inc. executes this Agreement to indicate its agreement to the
guarantee contained in Section 19.
LG&E POWER INC.
By: ~.dnl~^f\o&
Title: ~'Cy, \ilC5L ?ru't<1~
10
PORT ANGELES CITY LIGHT Exhibit A
Capacity and Price Table
1996 Capacity 1997 Capacity
Month MW Month MW
January 0 January 13
February 0 February 12
March 0 March 12
April 0 April 10
May 0 May 10
June 0 June 9
July 0 July 10
August 0 August 11
September 0 September 11
October 12 October 12
November 12 November 12
December 12 December 12
1998 Capacity 1999 Capacity
Month MW Month MW
January 13 January 13
February 12 February 12
March 12 March 12
April 10 April 10
May 10 May 10
June 9 June 9
July 10 July 10
August 11 August 11
September 11 September 11
October 12 October 12
November 12 November 12
December 12 December 12
2000 Capacity 2001 Capacity
Month MW Month MW
January 13 January 13
February 12 February 12
March 12 March 12
April 10 April 10
May 10 May 10
June 9 June 9
July 10 July 10
August 11 August 11
September 11 September 11
October 12 October 12
November 12 November 12
December 12 December 12
2002 Capacity 2003 Capacity
Month MW Month MW
January 13 January 13
February 12 February 12
March 12 March 12
April 10 April 10
May 10 May 10
June 9 June 9
July 10 July 10
August 11 August 11
September 11 September 11
October 12 October 0
November 12 November 0
December 12 December 0
Exhibit B
Point of Integration
LPM's Point of Integration
Vantage Substation
PORT ANGELES CITY LIGHT
October 1, 1996 through September 30,2001
Month
January
February
March
April
May
June
July
August
September
October
November
December
Displacement Charge
($/MWh)
4.76
4.76
6.76
6.76
6.76
676
6.76
4.76
4.76
4.76
4.76
4.76
Exhibit C
Displacement Charg.!
October 1, 2001 through September 30, 2003
Month
January
February
March
April
May
June
July
August
September
October
November
December
Displacement Charge
($/MWh)
9.24
9.24
11.24
11.24
11.24
11.24
11.24
9.24
9.24
9.24
9.24
9.24