HomeMy WebLinkAbout5.977 Original ContractTRANSMISSION AGREEMENT FOR THE
MORSE CREEK HYDROELECTRIC PROJECT
BETWEEN
THE CITY OF PORT ANGELES
AND
PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY
THIS AGREEMENT is by and between the City of Port Angeles, hereinafter
referred to as the "City ", and Public Utility District No. 1 of Clallam County, hereinafter
referred to as "District ", municipal corporations organized and existing under the laws of
the State of Washington;
WHITNESSETH:
WHEREAS, the City owns, maintains, and operates the Morse Creek Hydroelectric
Project, hereinafter referred to as the "Project "; and
WHEREAS, the District is willing to provide firm electric transmission capacity on its
distribution facilities for the transmission of power from the Project to the District's point of
interconnection with the Bonneville Power Administration, hereinafter referred to as
"Bonneville ", at Bonneville's Port Angeles Substation; and
WHEREAS, the City is willing to provide firm water transmission capacity on its
water transmission line for wheeling the District's water from the City's Morse Creek
Diversion Site, hereinafter referred to as "Diversion Site" to the District's water treatment
plant, hereinafter "Plant "; and
WHEREAS, the City, District, and United States of America, Department of Energy,
acting by and through Bonneville has entered into contracts concerning interconnection of
the Project, hereinafter referred to as Exhibit "A "; and
WHEREAS, the City was granted a Federal Energy Regulatory Commission license
and a Washington State Clean Water Action 401 Certification in 1985 for operation of the
Project, which were amended in 2009 and 2008 respectively to modify the minimum
instream flow requirements and ramping rates; and
WHEREAS, it is the intent of both parties to minimize costs that occur with
performing the services associated with implementing this Agreement; and
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Purpose. The District will transmit electrical energy for the City and the City will
wheel water for the District as provided herein. The parties have determined that the
exchange of services hereunder have equivalent value at the present time.
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5. ill
2. Term. This Agreement shall be effective commencing at 2400 hours on the
date of execution and shall continue through August 16, 2036.
Upon termination of either the City's Hydroelectric Project or the District's Plant,
the owner of the terminated facility may terminate this Agreement if twelve (12) months'
written notice has been given to the other party.
any time.
This Agreement may be terminated upon mutual agreement of both Parties at
In addition, fifteen (15) years from the effective date of the Agreement or any
time thereafter, either Party may give to the other written notice of termination. If written
notice of termination is given, this Agreement shall terminate on (a) the termination date
stated in the notice or (b) the date fifteen (15) years after written notice of termination is
given, whichever is later, provided that any termination date that falls within the last five
(5) years of a renewal period, the effective termination date shall be the last date of that
renewal period.
3. Transmission of electric power and eneray.
a) For each hour during the term hereof, the District shall make available to
Bonneville at the District's point of interconnection as described in Exhibit "A ", the
amounts of electric energy generated at the Project, less system losses. The District will
not be required to provide such energy under the conditions described in Sections 7 and 8
herein.
b) (1) The District agrees that it will schedule for the month of September
planned routine operations and maintenance that would prevent it from making delivery at
the District's point of interconnection and give forty -eight hours notice thereof to the City.
(2) The City agrees that the District may, for emergencies, choose not to
make delivery at the District's point of interconnection outside the month of September. If
the District exercises this option, it shall give the City notice thereof with the reason
therefore. Upon such notice, the City will attempt to make other wheeling arrangements
satisfactory to the City and the District. If such arrangements cannot be made, the City's
obligation to wheel water is suspended 24 hours after interruption until such time as
delivery at the District's point of interconnection is resumed.
c) Wheeling charges or other fees related to the transmission of Project output,
from the Project powerhouse to Bonneville's Port Angeles Substation, will not be charged
to the City by the District while this Agreement is in effect.
d) The City will maintain an underground power line from the powerhouse to
the junction box (District Plant No. 294582) on Henery Boyd Road where it will
interconnect with the distribution facilities of the District. The District shall maintain its
existing three phase electric power line from the point of interconnection to that point on
the Mount Pleasant Road where the existing three phase facilities terminate. The City will
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own and maintain the underground cable to the generating plant to the point of
interconnection. Ownership, maintenance, and operation of the overhead line are the
responsibility of the District.
4. Meter Reading.
a) The City shall install a recording meter at the Project powerhouse. Meters
installed at the Project shall have telecommunication to Bonneville's remote metering
system. Pursuant to Exhibit "A ", Bonneville will adjust the computations for the District's
and the City's Port Angeles delivery points by the corresponding energy and hourly
capacity output, as detailed in that agreement.
b) The City will provide space and metering pulses in the Powerhouse for the
District to meter the Project output.
c) The District has installed a recording water meter at the Morse Creek Water
Treatment Plant that records instantaneous and total flows to the treatment facility. The
City may inspect the District's Plant and its records, upon request, to verify that the 1
cubic feet per second (CFS) limitation is not exceeded.
5. Transmission of Water.
a) The District will maintain a point of withdrawal for its water right from Morse
Creek to include the Diversion Site. The City shall wheel up to 1 cubic feet per second
(CFS) of water at no charge from the Diversion Site to the District's Plant; provided that in
no event shall the District withdraw more than 11/2 CFS. No modifications or changes to
the District's pipes, valves or pump which connect to the City's main will be made that
would increase the District's capability to withdraw water without prior written City
approval.
b) The City shall maintain a 24" butterfly valve and tap with an 8" gate valve on
its water transmission line near the District's water treatment plant. The City will own and
maintain the butterfly valve, tap and 8" gate valve. The District will own and maintain the
water pipe connected to the gate valve.
c) The City shall continue to wheel 11/2 CFS of water at no charge in the event
the Project powerhouse is not in operation, except as provided in the Project's Federal
Energy Regulatory Commission (FERC) license, Washington State Clean Water Act 401
certification, or Sections 7 and 8 herein, or as modified by Section 2.
6. Provision of Electric Service.
a) Electric service at the City's Diversion Site will be metered and billed in
accordance with the District's rate schedule for like service to other customers.
b) Electric service at the City's powerhouse will be metered and billed in
accordance with the District's rate schedule for like service to other customers.
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, 7. Maintenance of Facilities and Liability.
a) Each party, at its expense, will maintain its property, equipment, and facilities
in accordance with prudent utility practice and will keep such facilities in continuing good
operating condition, except as provided elsewhere in this Agreement; provided, however,
that neither party shall be liable to the other hereunder for any interruption, suspension,
curtailment, or fluctuation in the power and energy or water to be transferred hereunder
(1) caused by the necessity of making repairs or changes in facilities used for such
transfer, or (2) by reason of any cause beyond either party's reasonable control, including
but not limited to the following: FERC license and 401 certification (as amended, extended
or replaced), fire, ice, flood, winds, earthquakes, volcanoes, acts of the elements, court
orders, insurrections or riots, generation failures, breakdown of or damage to facilities of
the parties or of third parties, acts of God or War or public enemy, strikes or other labor
disputes, civil, military or governmental authority.
b) In the event of blockage at the Diversion Site such that water cannot be
wheeled without continuing expenditures of labor, material and /or equipment cost, the City
may, after twenty -four (24) continuous hours of such expenditures exercise the option to
shut down the Diversion Site unless the District provides the necessary labor, equipment,
material, or financial assistance to keep the Diversion Site clear and operational. This
option may only be exercised if such continuing expenditures make the project generation
not cost - effective to the City as determined by the City.
c) Attached to this Agreement, and incorporation herein as Exhibit "B" are
operating procedures (two pages) and drawings (two pages) that show the facilities owned
and operated by the City and the facilities owned and operated by the District as related to
this Agreement. The parties shall operate their respective facilities in accordance with
Exhibit "B ".
d) Attached to this Agreement, and incorporation herein as Exhibit "C" are the
the Project's FERC license and Washington State Clean Water Act 401 certification (as
amended, extended or replaced) that are related to this Agreement. The parties shall
operate their respective facilities in accordance with Exhibit "C ".
e) The City will design and operate the Project's electrical generation output and
deliver it to the District in such a manner that no electrical degradation or disturbance to
the District's system shall occur and further, the energy delivered will conform with
paragraph 4(a) of Exhibit "A ".
f) The parties are not joint tenants, partners, joint operators, or joint venturers.
Neither party is empowered to act as agent for the other.
8. Emergency Suspension.
It is understood and agreed that, in the event either party determines that an
emergency exists requiring full capacity of its own water or electric facilities, that party
may send written notice of such emergency to the other party. Upon sending such a
notice, this Agreement shall be suspended until such time as the emergency has ended.
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The emergency must have the element of an unexpected and unplanned -for event;
provided that the temporary loss or failure of the Elwha water supply system shall
constitute an unexpected, unforeseeable circumstance under this section. Normal growth
in demand, usage, or customers shall not constitute an emergency. Invocation of this
paragraph shall not constitute a breach of the contract and all remaining agreements
under the contract shall continue in full force and effect after the period of suspension.
9. Liability for Negligent Conduct.
Each party to this Agreement hereby agrees to indemnify and to hold the other
harmless from and against any loss, damage, or injury suffered by the other party that is
caused by the sole negligence of the negligent party.
Liability for injuries to third persons and their property shall be apportioned on
the basis of the relative fault. The right of contribution is preserved under these
circumstances and may be enforced by separate action. The Agreement may be enforced
by action at law and for specific performance if the court deems such relief to be
appropriate.
10. Integration and Amendments.
This Agreement, Exhibit "A" referred to in Sections 3(a), 4(a) and 7(d), Exhibit
"B ", referred to in Section 7(c), and Exhibit "C" referred to in Sections 5(c), 7(a) and 7(d)
constitute the entire agreement between the parties. No oral agreement or prior written
agreement between the parties shall be of any effect whatsoever; provided, however, that
any amendments agreed upon in writing by the parties and consistent with this Agreement
shall be binding upon the parties. All amendments to this Agreement and to exhibits
hereto shall be in writing and signed by an authorized representative of each party.
11. Non - waiver.
None of the provisions of this Agreement shall be considered waived by either
party, except when such waiver is given in writing. The failure of either party to insist in
any one or more instances upon strict performance of any of the provisions of this
Agreement or to take advantage of any of its rights hereunder shall not be construed as a
waiver of any such provisions or the relinquishment of any such rights for the future, but
the same shall continue and remain in full force and effect.
12. Successors and Assigns.
a) This Agreement shall be binding upon and provide benefits to the respective
successors and assigns of the parties.
b) No assignment of this Agreement or any part thereof by either party shall be
valid, unless approved in writing in advance by the other party and until the obligations so
assigned have been assumed by the assignee. Such approvals of assignment shall not
be unreasonably withheld.
13. Effect of Section Headings.
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Section headings appearing in this Agreement are inserted for convenience only
and shall not be construed as interpretation of text.
14. Governing Law.
This Agreement shall be interpreted, governed, and construed under the laws of
the State of Washington, as if executed and to be performed wholly within the State of
Washington.
15. Validity of Contract.
In the event any section, sentence, clause, phrase, or exhibit of this Agreement
shall be adjudicated by a court of last resort and of competent jurisdiction to be invalid or
illegal, the remainder of this Agreement shall be unaffected by such adjudication, and all
other provisions of this Agreement shall remain in full force and effect as though the
section, sentence, clause, phrase, or Exhibit so adjudicated to be invalid had not been
included herein.
16. Notices.
Any notice, or other communication required under this Agreement shall be
effective from the date received by the party to whom it is given. Except as otherwise
specifically provided herein, any notice from one party to the other shall be given to the
following designees, or to such others as may be hereinafter designated by either party:
The City of Port Angeles
Public Works and Utilities Department
P.O. Box 1150, 321 East Fifth Street
Port Angeles, WA 98362
Attn: Public Works and Utilities Director
P.U.D. No. 1 of Clallam County
P.O. Box 1117, 2419 Highway 101 E.
Port Angeles, WA 98362
Attn: Manager
17. Resolution of Disputes.
Both Parties agree that they shall engage in negotiation and mediation to
attempt to resolve any dispute that arises out of the interpretation, enforcement,
performance, or any other aspect of this Agreement.
If those efforts are unsuccessful in resolving any such dispute, the parties may
engage in any other means available to resolve the dispute. In addition, either party may
demand the dispute be arbitrated. In that event, the dispute shall be resolved by
submitting the same to binding arbitration. Within ten (10) days of the demand for
arbitration, the City shall select one (1) nominating person, and the District shall select one
(1) nominating person. The two (2) nominating persons shall then meet and promptly
select the arbitrator who shall be an experienced and impartial arbitrator. If the
nominating persons, within thirty (30) days of the first notice, do not select a person who
agrees to serve as arbitrator, the arbitrator shall be selected by a Superior Court Judge of
Clallam County. The arbitration shall be conducted according to the rules and regulations
of the American Arbitration Association.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST: P.U.D. No. 1 of CI IIam County
BY: BY:
TITLE: TITLE:
DATE:
ATTEST:
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BY:
TITLE:
DATE:
City of Port Angeles
BY: 9,4(41. BY:
TITLE: 6� L'/ TITLE: `1
DATE: _ At)
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AUTHENTICATED COPY
FX • .4
Contract No. DE- MS79- 91BP93194
August 28, 1991
TRANSMISSION AGREEMENT
executed by the
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
acting by and through the
BONNEVILLE POWER ADMINISTRATION
and
CITY OF PORT ANGELES
and
CLALLAM COUNTY PUD
providing services for
MORSE CREEK HYDRO PROJECT
Index to Sections
Section Page
1. Term of Agreement 3
2. Definitions and Explanation of Terms 4
3. Exhibits 5
4. Revision of Exhibits 5
Section Page
5. Transmission of Electric Power 7
6. Payment Provisions 8
7. Termination of Agreement and Charges 9
8. Reactive Power 10
9. Interconnection and Metering 10
10. General Environmental Provisions 11
11. Several Obligations 11
12. Execution in Counterpart 12
Exhibit A (General Transmission Rate Schedules and
General Transmission Rate Schedule Provisions) 5
Exhibit B (General Wheeling Provisions CGWP Form -4R)) 5
Exhibit C (Transmission Parameters) 5
Exhibit D (Loss Factors) 5
Exhibit E (Resource Services) 5
This TRANSMISSION AGREEMENT, executed October 15 , 1991, by the
UNITED STATES OF AMERICA (Government), Department of Energy, acting by and
through the BONNEVILLE POWER ADMINISTRATION (Bonneville), the CITY OF PORT
ANGELES (City), a municipality of the State of Washington, and
CLALLAM COUNTY PUD (Utility), a Public Utility District of the State of
Washington,
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k. •
WITNESSETH:
WHEREAS the Utility and the City have entered into an agreement whereby
the Utility will provide firm capacity in its transmission or distribution
system facilities for the transmission of electric power generated at the
Morse Creek Hydroelectric Project, and for interconnection of the Project to
the facilities of the Utility (Interconnection Agreement); and
WHEREAS the Utility and Bonneville have agreed to provide firm capacity on
their transmission or distribution facilities for the transmission of power
from the Project to the City; and
WHEREAS the City owns the Project and the transmission service occurs over
the Utility's and Bonneville's facilities for delivery to the City; and
WHEREAS the load which is served hereunder at the Point of Interconnection
and the Point of Delivery is in the control area of Bonneville; and
WHEREAS Bonneville is authorized pursuant to law to dispose of Electric
Power generated at various Federal hydroelectric projects in the Pacific
Northwest, or acquired from other resources, to construct and operate
transmission facilities, to provide transmission and other services, and to
enter into agreements to carry out such authority;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Term of Agreement. This agreement shall be effective commencing at
2400 hours on the date Bonneville has signed all original counterparts of this
agreement (Effective Date) and shall continue until the earlier of:
(a) 2400 hours on the date of termination pursuant to section 7 below; or
(b) 2400 hours on September 30, 2011;
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All obligations incurred hereunder shall continue until satisfied.
Upon expiration of this agreement pursuant to subsection (b) above,
Bonneville shall offer to extend transmission services provided hereunder, of
the same quality as, and on terms and conditions consistent with, those being
offered at that time to other customers similarly situated for the lesser of
20 years or the remaining life of the Project.
2. Definition and Explanation of Terms.
(a) "Agency" means the Federal Energy Regulatory Commission or its
successor agency which has the authority to approve Bonneville's transmission
rates.
(b) "Electric Power" or "power" means electric peaking capacity, expressed
in kilowatts, or electric energy, expressed in kilowatthours, or both.
(c) "Net Project Output" means the Electric Power generated at the
Project less station service, and less transmission and transformation losses
from the Project to the Point of Integration.
(d) "Point of Delivery" means the point of delivery, described in
Exhibit C, where Electric Power is delivered to the City by Bonneville.
(e) "Point of Integration" means the point described in Exhibit C where
the Net Project Output will be made available by the Utility to Bonneville.
(f) "Point of Interconnection" means the point where the Net Project
Output will be made available by the City to the Utility.
(g) "Project" means the Morse Creek Hydroelectric Project, described in
Exhibit C, consisting of the site and generating units, and related
transformation and transmission facilities.
(h) "Transmission Demand" means the amount specified in Exhibit C,
expressed in kilowatts, which is the maximum hourly amount of Electric Power
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to be made available to Bonneville for the account of the City under this
agreement at the Point of Integration.
(i) "Use -of- Facilities Charge (UFT)" means the charges, if any, specified
in the Transmission Parameters Exhibit, applicable between the Point of
Integration and the Point of Delivery for the purpose of recovering the cost
of identifiable facilities provided by Bonneville for the City's use. Such
charges and their application shall be consistent with the UFT Transmission
Rate Schedule contained in the Transmission Rate Schedules and General
Transmission Rate Schedule Provisions Exhibit, and shall also be consistent
with Bonneville's Customer Service Policy.
3. Exhibits. Unless otherwise expressly stated herein, the rights and
obligations of the parties with respect to provisions hereunder shall be
subject to and governed only by the written terms of this agreement, including
Exhibits A through E (Exhibits) attached hereto and by this reference made a
part of this agreement. The notice provisions of section 38 of the General
Wheeling Provisions CGWP Form -4R1, Exhibit B, require a minimum notice prior
to a Rate Adjustment Date. If the rates are disapproved or conditions are
placed on them by the Agency or by any judicial interpretation of legislation
by a court with jurisdiction over Bonneville, Bonneville shall not be required
to give the minimum notice prior to resubmitting the rates to the Agency or
implementing the Agency approved rates. The headings used in this agreement
are for convenient reference only and shall not affect the interpretation of
this agreement. The City shall be the "Transferee" and Bonneville shall be
the "Transferor" referred to in Exhibit B.
4. Revision of Exhibits.
(a) The UFT rate schedule attached hereto in Exhibit A has been confirmed
and approved by the Agency. The Use -of- Facility charge specified in Exhibit C
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shall be recalculated following any rate filing according to the provisions of
such amended, modified or successor rate schedules and associated provisions,
and Bonneville shall prepare a new Exhibit C incorporating the revised UFT
charge. The initial Integration of Resources (IR -89) rate schedule attached
hereto in Exhibit A has been confirmed and approved by the Agency. If any
final rate schedule which is approved by the Agency is an amendment or
modification of the initial rate schedule, the applicable amended or modified
rate schedule and associated general transmission rate schedule provisions
shall be attached hereto and made a part of this agreement effective as of the
date specified in the Agency's approval. Any rate •schedule in Exhibit A shall
be replaced by successor rate schedules in accordance with the provisions of
section 70) of the Pacific Northwest Power Act and Agency rules.
(b). If Bonneville determines that the charges specified in Exhibit C or
any subsequent charges specified in this agreement must be changed pursuant to
sections 19 or 38 of the General Wheeling Provisions (GWP Form -4R), Exhibit B,
it shall prepare a new Exhibit C incorporating such changes. Such new
Exhibit C shall be substituted for the Exhibit C then in effect and shall
become effective as of the date specified therein.
(c) The loss factor for wheeling small resources, as specified in
Exhibit D, may be revised from time to time upon notification by the City and
the Utility of system changes or Bonneville's determination that conditions at
the Project or on the Utility's system have changed sufficiently to warrant
recalculating the loss factor. Bonneville shall calculate the loss factor and
submit to the City and the Utility by letter pursuant to Exhibit D. The loss
factor shall be reviewed yearly and revised if appropriate.
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(d) Exhibit E shall be revised, not more frequently than once during any
consecutive 12 -month period to insure Bonneville is adequately compensated.
Such new Exhibit E shall be substituted for the Exhibit E then in effect and
shall become effective as of the date specified therein.
5. Transmission of Electric Power.
(a) For each hour during the term hereof, the City shall make available
or arrange to have made available to the Utility at the Point of
Interconnection between the City and the Utility the Net Project Output.
(b) For each hour during the term hereof, the Utility shall make
available to Bonneville for the account of the City at the Point of
Integration, the Net Project Output. Such hourly amounts shall not exceed the
Transmission Demand.
(c) For each hour during the term hereof, Bonneville shall make available
to the City at the Point of Delivery for account of the City, the amount of
Electric Power made available to Bonneville pursuant to subsection 5(b)
above. Bonneville shall not be obligated to provide transmission services in
excess of the Transmission Demand.
(d) Bonneville shall add to the metered quantities monthly at the Point
of Integration and subtract from the metered quantities monthly at the Point
of Delivery the amount of the Net Project Output.
(e) Nothing contained in the power sales contract between Bonneville and
the City (Contract No. DE- MS79- 81BP90450 as amended, extended or replaced)
shall limit in any way the obligation of Bonneville or the City to provide the
firm transmission services hereunder.
(f) Nothing contained in the power sales contract between Bonneville and
the Utility (Contract No. DE- MS79- 81BP90488 as amended, extended or replaced)
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shall limit in any way the obligations of Bonneville or the Utility to provide
the firm transmission services hereunder.
(g) Bonneville may charge for resource services provided by Bonneville
for the Project pursuant to Exhibit E, if Exhibit E is developed. The
resource services may include, but shall not be limited to operating reserves
and making available amounts of Electric Power to the City, pursuant to
subsection 5(c) above, which vary from the Net Project Output.
6. Payment Provisions.
(a) The City shall pay Bonneville each month, in accordance with the
General Transmission Rate Schedule Provisions of Exhibit A, for the services
provided by Bonneville hereunder, as follows:
(1) the amount determined by multiplying the UFT charge specified in
Exhibit C by the billing demand as defined in the Use of Facilities
Transmission rate schedule included in Exhibit A; and
(2) the amount calculated pursuant to Exhibit E for resource
services.
Bonneville shall make appropriate billing adjustments during periods,
if any, when operation of the Project is limited by governmental agencies
having jurisdiction over the Project and related facilities.
(b) Ratchet Demand shall be as determined by Bonneville pursuant to
Exhibit A. A Ratchet Demand does not constitute an increase in the
Transmission Demand approved by Bonneville. Continued service at such
increased level by Bonneville shall depend on availability of facilities as
determined by Bonneville.
(c) The City shall pay the Utility each month for the transmission
services provided by the Utility hereunder as provided in the Interconnection
Agreement. Such obligation is an obligation of the City.
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(d) To the extent that the billing determinants contained in Exhibit C
include a demand factor, which may be represented by a "transmission demand,"
"contract demand," "measured demand" or other type of demand quantity, the
billing demand and rachet provisions, if any, of the General Transmission Rate
Schedule Provisions contained in Exhibit A shall apply to the calculation of
payments.
(e) Billing for the Transmission Demand shall begin on the effective date
of the Transmission Demand, as specified in Exhibit C.
7. Termination of Agreement and Charges. This agreement may be
terminated by the City (1) upon destruction or abandonment of the Project;
(2) upon discontinuation of Project output under a final order of a public
official having authority to issue such order; (3) upon termination of the
Interconnection Agreement between the City and the Utility; or (4) upon
revocation by the Agency of a license to construct and operate the Project
from the Agency. This agreement may not be terminated by reason of a partial
reduction in generating capability. Unless otherwise mutually agreed, the
City shall provide Bonneville and the other parties hereto, 60 days prior
written notice of a termination date pursuant to this section 7. If this
agreement is terminated earlier than the term described in section 1(b) above,
or if there is a partial reduction in generating capability, the City shall
pay Bonneville as follows:
(a) monthly at a rate that shall compensate Bonneville for the annual
cost of the facilities so constructed, to the extent such facilities become
unusable in whole or in part as the result of such destruction or abandonment
of the Project or upon such partial permanent reduction or discontinuation of
Project output; or
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(b) as mutually agreed for the unamortized unsalvageable investment plus
the cost of removal of any facilities Bonneville has constructed at Government
expense for the purpose of providing transmission service for the Project
hereunder.
8. Reactive Power. It is the intent of the parties hereto that the
voltage level at the Points of Interconnection, Points of Integration and the
Points of Delivery be controlled in accordance with prudent utility operating
practice. The parties hereto shall plan jointly and operate their systems so
as not to place an undue burden on the other party to supply or absorb
reactive power accompanying or resulting from deliveries hereunder.
9. Interconnection and Metering.
(a) Before Electric Power shall be made available to the City, all
equipment and facilities needed for safe and reliable interconnection to
Bonneville's facilities shall be installed and in operation as approved by
Bonneville. The cost of interconnection to Bonneville's facilities shall be
at the City's expense unless all parties agree otherwise.
If at any time during the term of this agreement, Project generation
creates disturbances on or otherwise degrades the integrity of the Federal
Columbia River Transmission System (FCRTS), Bonneville may interrupt
transmission services. The City, at City's expense, shall take the necessary
action to correct such problems prior to such services being resumed.
(b) Bonneville shall require use of a Revenue Metering System (RMS) unit
or like unit meeting Bonneville's specifications to meter output from the
Project. Bonneville shall perform all operation and maintenance (O&M)
services on the RMS unit. Likewise, the City shall use Jem meters or
equivalent to determine output from the Project; and the City shall perform
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all 0 &M service on its meter. The cost associated with the purchase and
maintenance of the RMS unit including repair or replacement shall be at the
City's expense. The original purchase of the RMS unit is provided under
Agreement No. DE— AI79- 87BP72149. Installation of telecommunications equipment
for both Bonneville and City's metering equipment and all service charges
shall be at the City's expense. Ownership of the RMS equipment shall remain
with the Government.
10. General Environmental Provisions.
(a) The City shall comply with all terms and conditions -of any permit,
license, law, regulation, or other approval lawfully required for or
applicable to the construction, operation, maintenance, repair,
decommissioning, or site restoration of the Project. This includes, but is
not limited to, all mitigation plans and environmental agreements which were
developed during the National Environmental Policy Act review, or other
processes.
(b) If an order of a Federal, State, or Local agency or Indian tribe
with jurisdiction or a final decision of a court of competent jurisdiction
finds that the City is in noncompliance with subsection 10(a) above, then
Bonneville may restrict transmission service otherwise to be provided pursuant
to this contract until the City provides Bonneville with evidence of
compliance, or progress towards compliance satisfactory to Bonneville.
11. Several Obligations. Except where specifically stated in this
agreement to be otherwise, the duties, obligations, and liabilities of the
parties are intended to be several and not joint or collective. Nothing
contained in this agreement creates an association, trust, partnership, or
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joint venture or to impose a trust or partnership duty, obligation, or
liability on or with regard to any party. Each party shall be individually
and severally liable for its own obligation under this agreement.
12. Execution in Counterpart. This agreement may be executed in any
number of counterparts in which case all such counterparts shall be deemed to
constitute a single document with the same force and effect as if all parties
hereto having signed a counterpart had signed all other counterparts. The
agreement shall become effective in accordance with section 1.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in
several counterparts.
By
Title .bIREc7t1Z
Date 10/2191
/s/ ROBERT J. TITUS
CLALLAM COUNTY PUD
By
Title
Date
(5040j)
a2d,
AUTHENTICATED COPY
12
UNITED STATES OF AMERICA
Department of Energy
Bonneville Power Administration
By
CITY OF PORT ANGELES ATTEST:
By
Title
Date /r)--;2 - q
/s/ BECKY J. UPTON
Director City Clerk
October 2, 1991 October 2, 1991
By
Title
Date
ssistant Administrator for
Power Sales
CLALLAM COUNTY PUD
/s/ WILLIAM McCRORIE
(5040j)
AUTHENTICATED COPY
joint venture or to impose a trust or partnership duty, obligation, or
liability on or with regard to any party. Each party shall be individually
and severally liable for its own obligation under this agreement.
12. Execution in Counterpart. This agreement may be executed in any
number of counterparts in which case all such counterparts shall be deemed to
constitute a single document with the same force and effect as if all parties
hereto having signed a counterpart had signed all other counterparts. The
agreement shall become effective in accordance with section 1.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in
several counterparts.
/s/ WALTER E. POLLOCK By
CITY OF PORT ANGELES ATTEST:
By By
Title Title
Date Date
12
UNITED STATES OF AMERICA
Department of Energy
Bonneville Power Administration
/s/ LARRY HAAS
4:;l2L/
Assistant Administrator for
Power Sales
By , .4� / �'J By L r \ President, Secretaryl,
Title Board of Commissioners Title Board of 'Commissioners
Date October 15, 1991 Date October 15, 1991
1991 Transmission Rate Schedules _ b=_A
and Genera Transmission Rate Sc lec u e Provisions
Bonneville
POWER ADMINISTRATION Ociobei 1991
United States Department of Energy
Bonneville Power Administration
905 NE I l th Avenue
Portland, Oregon 97232
Bonneville Power Administration's 1991 Transmission Rate Schedules and General Transmis-
sion Rate Schedule Provisions were approved on an interim basis by the Federal Energy
Regulatory commission, United States Department of Energy, in a commission order issued
September 13, 1991 (Docket Nos. EF91 -201 1 -000, et al.). These rate schedules and provisions
supersede the Administration's Transmission Rate Schedules and General Transmission Rate
Schedule Provisons effective October 1, 1989.
TRANSMISSION RATE SCHEDULES AND
GENERAL TRANSMISSION RATE SCHEDULE PROVISIONS
TABLE OF CONTENTS
Current Transmission Rate Schedules Page
FPT -91.1 Formula Power Transmission 1
FPT -91.3 Formula Power Transmission 2
IR -91 Integration of Resources 3
1S -91 Southern Intertie Transmission 4
IN -91 Northern Intertie Transmission 5
1E -91 Eastern Intertie Transmission 6
ET -91 Energy Transmission 7
MT -91 Market Transmission 8
UFT -83 Use -of- Facilities Transmission 9
TGT -1 Townsend- Garrison Transmission 10
General Transmission Rate Schedule Provisions
Section 1 Adoption of Revised Transmission Rate Schedules and
General Transmission Rate Schedule Provisions 12
Section II Billing Factor Definitions and Billing Adjustments 12
Section III Other Definitions 13
Section IV Billing Information .14
SECTION I. AVAILABILITY
This schedule supersedes schedule FPT -89 1 for all firm
transmission agreements which provide that rates may be
adjusted not more frequently than once a year. It is available
for firm transmission of electric power and energy using the
Main Grid and /or Secondary System of the FCRTS. This
schedule is for full-year and partial -year service and for either
continuous or intermittent service when firm availability of
service is required. For facilities at voltages lower than the
Secondary System, a different rate schedule may be speci-
fied. Service under this schedule is subject to BPA's General
Transmission Rate Schedule Piovisions (GTRSPs).
SECTION II. RATE
A. Full-Year Service
The monthly charge per kilowatt of billing demand shall
be one - twelfth of the sum of the Main Grid Charge and
the Secondary System Charge, as applicable and as
specified in the Agreement.
1. Main Grid Charge
The Main Grid Charge shall he the sum of one or more
of the following component factors as specified in the
Agreement:
a. Main Grid Distance Factor: The amount com-
puted by multiplying the Main Grid Distance by
$0.0281 per mile;
b. Main Grid Interconnection Terminal Factor: $0 27,
c. Main Grid Terminal Factor: $0.30;
d. Main Grid Miscellaneous Facilities Factor: $1.3 I ;
2. Secondary System Charge
The Secondary System Charge shall he the sum of one
or more of the following component factors as speci-
fied in the Agreement:
a. Secondary System Distance Factor: The amount
determined by multiplying the Secondary System
Distance by $0 1961 per mile;
b. Secondary System Transformation Factor: $2.53;
c. Secondary System Intermediate Terminal Factor:
$0.84;
d. Secondary System Interconnection Terminal Fac-
tor: $0.44;
Schedule FPT -91.1
Formula Power Transmission
I
B. Partial -Year Service
The monthly charge per kilowatt of billing demand shall
he as specified in Section II.A for all months of the year
except for agreements with terms 5 years or less and
which specify service tor fewer than 12 months per year.
The monthly charge shall be:
1. During months for which service is specified, the
monthly charge defined in Section II.A, and
2. During other months, the monthly charge defined in
Section 11. A multiplied by 0.2.
SECTION 111. BILLING FACTORS
Unless otherwise stated in the Agreement, the billing de-
mand shall be the largest of:
A. The Transmission Demand;
8. The highest hourly Scheduled Demand for the month; or
C. The Ratchet Demand.
SECTION 1. AVAILABILITY
This schedule supersedes schedule FPT -89.3 for all firm
transmission agreements which provide that rates may be
adjusted not more frequently than once every 3 years. It is
available for firm transmission of electric power and energy
using the Main Grid and /or Secondary System of the FCRTS.
This schedule is for full -year and partial -year service and for
either continuous or intermittent service when firm avail-
ability of service is required. For facilities at voltages lower
than the Secondary System, a different rate schedule may be
specified. Service under this schedule is subject to BPA's
GTRSPs.
SECTION II. RATE
A. Full -Year Service
The monthly charge per kilowatt of billing demand shall
be one- twelfth of the sum of the Main Gr id Charge and
the Secondary System Charge, as applicable and as
specified in the Agreement
1. Main Grid Charge
The Main Grid Charge shall be the sum of one or more
of thefollowing component factors as specified in the
Agreement:
a. Main Grid Distance Factor: The amount corn -
puted by multiplying the Main Grid Distance by
$0.0281 per mile;
b. Main Grid Interconnection Terminal Factor: $0.27;
c. Main Grid Terminal Factor: $0 30;
d. Main Grid Miscellaneous Facilities Factor: $1.31;
2. Secondary System Charge
The Secondary System Charge shall be the sum of one
or more of the following component factors as speci-
fied in the Agreement:
a Secondary System Distance Factor: The amount
determined by multiplying the Secondary System
Distance by $0.1961 per mile;
b. Secondary System Transformation Factor $ 2.53;
c. Secondary System Intermediate Terminal Factor:
$0.84;
d. Secondary System Interconnection Terminal
Factor: $0.44;
Schedule FPT -91.3
Formula Power Transmission
2
B. Partial -Year Service
The monthly charge per kilowatt of billing demand shall
be as specified in Section II.A for all months of the year
except for agreements with terms 5 years or Tess and
which specify service for fewer than 12 months per year.
The charge shall he:
1. During months for which service is specified, the
monthly charge defined in Section II.A, and
2. During other months, the monthly charge defined in
Section II.A multiplied by 0.2.
SECTION I11. BILLING FACTORS
Unless otherwise stated in the Agreement, the billing
demand shall be the largest of:
A. The Transmission Demand;
B. The highest hourly Scheduled Demand for the month; of
C. The Ratchet Demand
SECTION I. AVAILABILITY
This schedule supersedes IR -89 and is available for firm
transmission service for electric power and energy using the
Main Grid and/or Secondary System of the FCRTS. The
definitions of Main Grid and Secondary Systems are the same
as for the FPT -91.I and FPT -91.3 rate schedules and are
contained in the GTRSPs. For facilities at voltages lower than
the Secondary System, a different rate schedule may be
specified. Service under this schedule is subject to BPA's
GTRSPs.
SECTION II. RATE
The monthly charge shall be the sum of A and B where:
A. The Demand Charge shall be:
1. $0.312 per kilowatt of billing demand; or
2. For Points of Integration (P01) specified in the Agree-
ment as being short distance POI's, for which Main
Grid and Secondary System facilities are used for a
distance of less than 75 circuit miles, the following
formula applies:
[0.2 + (0.8/75 x transmission distance)]
($0.312 per kilowatt of billing demand)
Where:
the billing demand for a short distance P01 is the
demand level specified in the Agreement for such
POI, and the transmission distance is the circuit miles
between the POI for a generating resource of the
customer and a designated Point of Delivery serving
load of the customer. Short distance POI's are deter-
mined by BPA after considering factors in addition to
transmission distance.
B. The Energy Charge shall be:
.92 mills/kWh of killing energy.
Schedule IR -91
Integration of Resources
SECTION 111. BILLING FACTORS
To the extent that the Agreement provides for the customer
to he billed for transmission in excess of the Transmission
Demand or Total Transmission Demand, as defined in the
Agreement, at the nontirm transmission rate (currently
ET -91), such transmission service shall not contribute to
either the Billing Demand or the Billing Energy for the IR rate
piovidecl that the customer requests such treatment and BPA
approves in accordance with the prescribed provisions in the
Agreement.
A. Billing Demand
The billing demand shall he the largest of:
1. The Transmission Demand, except under General
Transmission Agreements where a Total Trans-
mission Demand is defined;
2. The highest hourly Scheduled Demand for the month;
or
3. The Ratchet Demand.
B. Billing Energy
The billing energy shall be the monthly sum of sched-
uled kilowatthours.
SECTION 1 AVAILABILITY
This schedule supersedes 15 -89 and is available for all
transmission on the Southern Interne. Service under this
schedule is subject to BPA's GTRSPs.
SECTION II. RATE
A. Nonfirm Rate
The charge for nonfirm transmission of non -BPA power
shall be 2.1 mills/kWh of billing energy. This charge
applies for both north -to -south and south -to -north trans-
actions
B. Firm Power Transmission Rate
The charge for firm transmission service granted access
by BPA shall be $0.450 per kW per month of billing
demand and 1.02 mills /kWh of billing energy. Film
transmission will only be made available to customers
under this rate schedule who have executed a contract
with BPA specifying use of the Firm Power Transmission
rate for either north -to -south or south -to -north trans-
actions.
SECTION III. BILLING FACTORS
A. For services under Section 11.A, the billing energy shall
be the monthly sum of the scheduled kilowatthours, plus
the monthly sum of kilowatthours allocated but not
scheduled. The amount of allocated but not scheduled
energy that is subject to billing may be reduced pro rata
by BPA due to forced Intertie outages and other uncon-
trollable forces that may reduce Intertie capacity The
amount of allocated but not scheduled energy that is
subject to billing also may be reduced upon mutual
agreement between BPA and the customer.
B. For services under Section II.B, the billing demand shall
be the Transmission Demand as defined in the Agree-
ment. The billing energy shall be the monthly sum of
scheduled kilowatthours, unless otherwise specified in
the Agreement.
Schedule IS -91
Southern Intertie Transmission
SECTION I. AVAILABILITY
This schedule supersedes IN -89 and is available for all
transmission on the Northern Intertie. Service under this
schedule is subject to BPA's General Transmission Rate
Schedule Provisions.
SECTION II. RATE
The charge for transmission of non -BPA power on the
Northern Intertie shall be 0.96 mills/kWh.
SECTION III. BILLING FACTORS
Billing Energy
The billing energy shall he the monthly sum of the scheduled
ki lowatthours.
Schedule IN -91
Northern Intertie Transmission
SECTION 1. AVAILABILITY
This schedule supersedes IE -89 and is available for all
nonfirm transmission on the Eastern Intertie. Service under
this schedule is subject to BPA's General Transmission Rate
Schedule Piovisions.
SECTION 11. RATE
The charge for transmission of nonfirm energy on the Eastern
Intertie shall be 2.02 mills/kWh
SECTION III. BILLING FACTORS
Billing Energy
The billing energy shall be the monthly sum of the scheduled
kilowatthours.
Schedule IE -91
Eastern Intertie Transmission
6
SECTION I. AVAILABILITY
This schedule supersedes ET -89, unless otherwise specified
in the Agreement, with respect to delivery using FCRTS
facilities other than the Southern Intertie, Easter n Intertie, or
the Northern Intertie, and is available for firm (of not more
than 1 year duration) or nonfirm transmission between points
within the Pacific Northwest. BPA may interrupt nonfirm
service which is provided under this rate schedule. Service
under this schedule is subject to BPA's GTRSPs.
SECTION II. RATE
The charge for transmission of non -BPA electric energy shall
be 1.81 mills/kWh.
SECTION III. BILLING FACTORS
Billing Energy
The billing energy shall be the monthly sum of scheduled
kilowatthours.
Schedule ET -91
Energy Transmission
7
SECTION 1. AVAILABILITY
This schedule supersedes MT -89 and is available for Trans-
mission Service for transactions using FCRTS facilities pursu-
ant to the Western Systems Powei Pool (WSPP) Agreement.
Service under this schedule is subject to BPA's General
Transmission Rate Schedule Provisions.
SECTION 11. RATE
The charge shall be determined in advance by BPA. The
charge shall be based on the duration of the proposed
transaction and shall not exceed the following rates.
A. Hourly Rate
The maximum charge shall be 6.5 mills per kilowatthour
where the total hourly revenues from a given transaction
during a calendar day shall not exceed the product of the
Daily rate and the maximum demand scheduled during
such day.
B. Daily Rate
The maximum charge shall be $.105 per kilowattday
where the total demand charge revenues in any con-
secutive 7 -day period shall not exceed the product of the
Weekly rate and the highest demand experienced on
any day in the 7 -day period.
C. Weekly Rate
The maximum charge shall be $.52 per kilowattweek.
D. Monthly Rate
The maximum charge shall be $2.27 per kilowattmonth.
SECTION I11. BILLING FACTORS
The billing factors shall be specified in advance by BPA, as
to representing the Transmission Service use or reservation.
Schedule MT -91
Market Transmission
8
SECTION I. AVAILABILITY
This schedule supersedes UFT -1 and UFT -2 unless otherwise
provided in the Agreement, and is available for firm transmis-
sion over specified FCRTS facilities.
SECTION 1I. RATE
The monthly charge per kilowatt of Transmission Demand
specified in the Agreementshall be one - twelfth of the annual
cost of capacity of the specified facilities divided by the sum
of Transmission Demands (in kilowatts) using such facilities.
Such annual cost shall be determined in accordance with
Section III.
SECTION III. DETERMINATION OF
TRANSMISSION RATE
A. From time to time, but not more often than once in each
Contract Year, BPA shall determine the following data
for the facilities which have been constructed or other-
wise acquired by BPA and which are used to transmit
electric power and energy:
1. The annual cost of the specified FCRTS facilities, as
determined from the capital cost of such facil sties and
annual cost ratios developed from the FCRPS finan-
cial statement, including interest and amortization,
operation and maintenance, administrative and gen-
eral, and general plant costs.
2. The yearly noncoincident peak demands of all users
of such facilities or other reasonable measurement of
the facilities' peak use.
B. The monthly charge per kilowatt of billing demand shall
he one - twelfth of the sum of the annual cost of the FCRTS
facilities used divided by the sum of Transmission De-
mands. The annual cost per kilowatt of Transmission
Demand for a facility constructed or otherwise acquired
by BPA shall be determined in accordance with the
following formula:
A
D
Where:
A = The annual cost of such facility as determined in
accordance with A. I . above.
D =The sum of the yearly noncoincident demands on
the facility as determined in accordance with A.2. above
Schedule UFT -83
Use -of- Facilities Transmission
9
The annual cost per kilowatt of facilities listed in the
Agreement which are owned by another entity, and used
by BPA for making deliveries to the transferee, shall be
determined from the costs specified in the Agreement
between BPA and such other entity.
SECTION IV. DETERMINATION OF BILLING
DEMAND
Unless otherwise stated in the Agreement, the factor to be
used in determining the kilowatts of billing demand shall be
the largest of:
A. The Transmission Demand in kilowatts specified in the
Agreement,
B. The highest hourly Measured or Scheduled Demand for
the month, the Measured Demand being adjusted for
power factor; or
C. The Ratchet Demand.
SECTION I. AVAILABILITY
This schedule shall apply to all agreements which IN ovide for
the firm transmission of electric power and energy over
transmission facilities of BPA's section of the Montana
[Eastern] Intertie.
SECTION II. RATE
The monthly charge shall be one - twelfth of the sum of the
annual charges listed below, as applicable and as specified
in the agreements for firm transmission. The Townsend -
Garrison 500 -kV lines and associatedterminal, line compen-
sation, and communication facilities are a separately identi-
fied portion of the Federal Transmission System Annual
revenues plus credits for government use should equal
annual costs of the facilities, but in any given year there may
be either a surplus or a deficit. Such surpluses or deficits for
any year shall be accounted for in the computation of annual
costs for succeeding years. Revenue requirements for firm
transmission use will be decreased by any revenues received
from nonfirm use and credits for all government use. The
general methodology for determining the firm rate is to
divide the revenue requirement by the total firm capacity
requirements. Therefore, the higher the total capacity
requirements, the lower will be the unit rate.
If the government provides firm transmission service in its
section of the Montana [Eastern] Intertie in exchange for firm
transmission service in a customer's section of the Montana
Intertie, the payment by the government for such transmis-
sion services provided by such customer will be made in the
form of a credit in the calculation of the Intertie Charge for
such customer. During an estimated 1- to 3 -year period
following the commercial operation of the third generating
unit at the Colstnp Thermal Generating Plant at Colstrip,
Montana, the capability of the Federal Transmission System
west of Garrison Substation may be different from the long-
term situation. It may not be possible to complete the
extension of the 500 -kV portion of the Federal Transmission
System to Garrison by such commercial operation date. In
such event, the 500/230 kV transformer will be an essential
extension of the Townsencl- Garrison Intertie facilities, and
the annual costs of such transformer will be included in the
calculation of the lntertie Charge.
However, starting 1 month after extension to Garrison of the
500 -kV portion of the Federal Transmission System, the
annual costs of such transformer will no longer he included
in the calculation of the Intertie Charge.
Schedule TGT -1
Townsend - Garrison Transmission
10
A. Nonfirm Transmission Charge:
This charge will be filed as a separate rate schedule and
revenues received thereunder will reduce the amount of
revenue to be collected under the Intertie Charge below
B. Intertie Charge for Firm Transmission Service:
Intertie Charge = l(TAC/12 -NFR) x (CR EC) )
TCR
SECTION III. DEFINITIONS
A. TAC = Total Annual Costs of facilities associated with the
Townsend- Garrison 500 -kV Transmission line includ-
ing terminals, and prior to extension of the 500 -kV
portion of the Federal Transmission System to Garrison,
the 500/230 kV transformer at Garrison. Such annual
costs are the total of (1) interest and amortization of
associated Federal investment and the appropriate allo-
cation of general plant costs; (2) operation and mainte-
nance costs; (3) allowance for BPA's general administra-
tive costs which are appropriately allocable to such
facilities, and (4) payments made pursuantto section 7(m)
of Public Law 96 -501 with respect to these facilities.
Total Annual Costs shall be adjusted to reflect reductions
to unpaid total costs as a result of any amounts received,
under agreements for firm transmission service over the
Montana Intertie, by the government on account of any
reduction in Transmission Demand, termination or par-
tial termination of any such agreement or otherwise to
compensate BPA for the unamortizecl investment, an-
nual cost, removal, salvage, or other cost related to such
facilities.
B. NFR = Nonfirm Revenues, which are equal to: (1) the
product of the Nonfirm Transmission Charge described
in II(A) above, and the total nonfirm energy transrnittecl
over the Townsend- Garrison line segment under such
charge for such month; plus (2) the product of the
Nonfirm Transmission Charge and the total nonfirm
energy transmitted in either direction by the Govern-
ment over the Townsend -Garr ison line segment for such
month.
C. CR = Capacity Requirement of a customer on the
Townsend - Garrison 500 -kV transmission facilities as
specified in its firm transmission agreement.
D. TCR = Total Capacity Requirement on the Townsend -
Garrison 500 -kV transmission facilities as calculated by
adding: (1) the sum of all Capacity Requirements (CR)
specified in transmission agreements described in
section 1; and (2) the Government's firm capacity re-
quirement. The Government's firm capacity require-
ment shall be no less than the total of the amounts, if any,
specified in firm transmission agreements for use of the
Montana lntertie.
E. EC = Exchange Credit for each customer which is the
product of (1) the ratio of investment in the Townsend -
Broadview 500 -kV transmission line to the investment in
the Townsend- Garrison 500 -kV transmission line; and
(2) the capacity which the Government obtains in the
Townsend - Broadview 500 -kV transmission Iine through
exchange with such customer. If no exchange is in effect
with a customer, the value of EC for such customer shall
be zero.
1 1
General Transmission Rate Schedule Provisions
SECTION 1 ADOPTION OF REVISED TRANS-
MISSION RATE SCHEDULES
AND GENERAL TRANSMISSION
RATE SCHEDULE PROVISIONS
A. Approval of Rates
These rate schedules and GTRSPs shall become effective
upon interim approval or upon confirmation and
approval by FERC. BPA will request FERC approval
effective October 1, 1991. BPA is requesting that all
proposed Transmission Rate Schedules be effective for
a period of 2 years, from October 1, 1991 through
September 30, 1993.
B. General Provisions
These 1991 Transmission Rate Schedules and associ-
ated GTRSPs are virtually identical to and supersede
BPA's 1989 Transmission
Rate Schedules and GTRSPs (which became effective
October 1, 1989) but do not supersede prior rate sched-
ules required by agreement to remain in force.
Transmission service provided shall be subject to the
following Acts, as amended: the Bonneville Project Act,
the Regional Preference Act (P L. 88 -552), the Federal
Columbia River Transmission System Act, and the Pa-
cific Northwest Electric Power Planning and Conserva-
tion Act.
The meaning of terms used in the transmission rate
schedules shall be as defined in agreements or provi-
sions which are attached to the Agreement or as in any
of the above Acts.
C. Interpretation
If a provision in the executed Agreement is in conflict
with a provision contained herein, the former shall
prevail.
SECTION 11 BILLING FACTOR DEFINITIONS
AND BILLING ADJUSTMENTS
A. Billing Factors
1. Scheduled Demand
The largest of hourly amounts wheeled which are
scheduled by the customer during the time period
specified in the rate schedules
12
2. Metered Demand
The Metered Demand in kilowatts shall be the largest
of the 60- minute clock -hour integrated demands
measured by meters installed at each POD during
each time period specified in the applicable rate
schedule. Such measurements shall be made as
specified in the Agreement. BPA, in determining the
Metered Demand, will exclude any abnormal read-
ings due to or resulting from (a) emergencies or
breakdowns on, or maintenance of, the FCRTS; or
(b) emergencies on the customer's facilities, provided
that such facilities have been adequately maintained
and prudently operated as determined by BPA. If
more than one class of power is delivered to any
POD, the portion of the metered quantities assigned
to any class of power shall be as agreed to by the
parties. The amount so assigned shall constitute the
Metered Demand for such class of power.
3. Transmission Demand
The demand as defined in the Agreement.
4. Total Transmission Demand
The sum of the transmission demands as defined in
the Agreement.
5. Ratchet Demand
The maximum demand established during the previ-
ous 11 billing months. Exception: If a Transmission
Demand or Total Transmission Demand has been
decreased pursuant to the terms of the Agreement
during the previous 11 billing months, such decrease
will be reflected in determining the Ratchet Demand.
B. Billing Adjustments
Average Power Factor
The adjustment for average power factor, when speci-
fied in a transmission rate schedule or in the Agreement,
shall be made in accordance with the average power
factor section of the General Wheeling Provisions.
To maintain acceptable operating conditions on the
Federal system, BPA may restrict deliveries of power at
any time that the average leading power factor or aver-
age lagging power factor for all classes of power deliv-
ei ed to such nt or to such systeni is below 85 percent.
SECTION 111. OTHER DEFINITIONS
Definitions of the terms below shall be applied to these
provisions and the Transmission Rate Schedules, unless
otherwise defined in the Agreement.
A. Agreement
An agreement between BPA and a customer to which
these rate schedules and provisions may be applied.
B. Decremental Cost
As used in the MT rate schedule, Decremental Cost is as
defined in the WSPP Agreement.
C. Eastern intertie
The segment of the FCRTS for which the transmission
facilities consist of the Townsend - Garrison double -
circuit 500 kV transmission line segment including
related terminals at Garrison.
D. Electric Power
Electric peaking capacity (kW) and /or electric energy
(kWh).
E. FCRTS
The transmission facilities of the Federal Columbia River
Power System, which include all transmission facilities
owned by the government and operated by BPA, and
other facilities over which BPA has obtained trans-
mission rights.
F. Firm Transmission Service
Transmission service which BPA provides for any non -
BPA power except for transmission service which is
scheduled as nonfirm. If the firm service is provided
pursuant to the Agreement, the terms of the Agreement
may further define the service.
G. Integrated Network
The segment of the FCRTS for which the transmission
facilities provide the hulk of transmission of electric
power within the Pacific Northwest, excluding facilities
not segmented to the network in the Wholesale Power
Rate Development Study used in BPA's rate develop-
ment.
H. Main Grid
As used in the FPT and iR rate schedules, that portion of
the integrated Network with facilities rated 230 kV and
higher.
I. Main Grid Distance
As used in the FPT rate schedules, the distance in airline
miles on the Main Grid between the POI and the POD,
multiplied by 1.15.
13
1.
Main Grid Interconnection Terminal
As used in the FPT rate schedules, Main Grid terminal
facilities that interconnect the FCRTS with non -BPA
facilities.
K. Main Grid Miscellaneous Facilities
As used in the FPT rate schedules, switching, transforma-
tion, and other facilities of the Main Grid not included in
other components.
L. Main Grid Terminal
As used in the FPT rate schedules, the Main Grid terminal
facilities located at the sending and /or receiving end of
a line exclusive of the Interconnection terminals.
M. Nonfirm Transmission Service
Interruptible transmission service which BPA may pro-
vide for non -BPA power.
N. Northern Intertie
The segment of the FCRTS for which the transmission
facilities consist of two 500 kV lines between Custer
Substation and the United States - Canadian border, one
500 kV line between Custer and Monroe Substations,
and two 230 kV lines from Boundary Substation to the
United States - Canadian border, and the associated sub -
station facilities.
O. Point of Integration (P01)
Connection points between the FCRTS and non -BPA
facilities where non - Federal power is made available to
BPA for wheeling.
P. Point of Delivery (POD)
Connection points between the FCRTS and non -BPA
facilities where non - Federal power is delivered to a
customer by BPA.
Secondary System
As used in the FPT and iR rate schedules, that portion of
the Integrated Network facilities with operating voltage
of 115 kV or 69 kV.
R. Secondary System Distance
As used in the FPT late schedules, the number of circuit
miles of Secondary System transmission lines between
the secondary POI and the Main Grid or the secondary
POD, or the Main Grid and the secondary POD.
S. Secondary System interconnection Terminal
As used in the FPT rate schedules, die terminal facilities
on the Secondary System that interconnect the FCRTS
with non -BPA tacilities.
Q.
T. Secondary System Intermediate Terminal
As used in the FPT rate schedules, the first and final
terminal facilities in the Secondary System transmission
path exclusive of the Secondary System Interconnection
terminals.
U. Secondary Transformation
As used in the FPT rate schedules, transformation from
Main Grid to Secondary System facilities.
V. Southern Intertie
The segment of the FCRTS for which the major transmis-
sion facilities consist of two 500 kV AC lines from John
Day Substation to the Oregon - California border, a por-
tion of the 500 kV AC line from Buckley Substation to
Summer Lake Substation, and one 1,000 kV DC line
between the Celilo Substation and the Oregon - Nevada
border, and associated substation facilities.
W. Transmission Service
As used in the MT rate schedule, Transmission Service is
as defined in the WSPP Agreement.
SECTION IV. BILLING INFORMATION
A. Payment of Bills
Bills for transmission service shall be rendered monthly
by BPA. Failure to receive a bill shall not release the
customer from liability for payment. Bills for amounts
due of $50,000 or more must be paid by direct wire
transfer; customers who expect thatthei r average monthly
bill will not exceed $50,000 and who expect special
difficulties in meeting this requirement may request, and
BPA may approve, an exemption from this requirement.
Bills for amounts due BPA under $50,000 may be paid
by direct wire transfer or mailed to the Bonneville Power
Administration, P.O. Box 6040, Portland, Oregon 97228-
6040, or to another location as directed by BPA. The
procedures to be followed in making direct wire trans-
fers will be provided by the Office of Financial Manage-
ment and updated as necessary.
1. Computation of Bills
The transmission billing determinant is the electric
power quantified by the method specified in the
Agreement or Transmission Rate Schedule. Sched-
uled power or metered power will be used.
The transmission customer shall provide necessary
information to BPA for any computation required to
determine the proper charges for use of the FCRTS,
and shall cooperate with BPA in the exchange of
additional information which may be reasonably
useful for respective operations.
14
Demand and energy billings for transmission service
under each applicable rate schedule shall he rounded
to whole dollar amounts, by eliminating any amount
which is less than 50 cents and increasing any amounts
from 50 cents through 99 cents to the next higher
dollar
2. Estimated Bills
At its option, BPA may elect to render an estimated
bill to be followed at a subsequent billing date by a
final bill. The estimated bill shall have the validity of
and be subject to the same payment provisions as a
final bill.
3. Billing Month
For charges based on scheduled quantities, the billing
month is the calendar month. For charges based on
metered quanfities, the bi I ling month is defined as the
interval between scheduled meter - reading dates. The
billing month will not exceed 31 days in any case.
While it may be necessary to read meters on a day
other than the scheduled meter- reading date, for
determination of billing demand, the billing month
will cease at 2400 hours on the last scheduled meter -
reading date. Schedules will be predetermined. The
customer must give 30 days notice to request a change
to the schedule.
4. Due Date
Bills shall be due by close of business on the 20th day
after the date of the hill (due date). Should the 20th
day be a Saturday, Sunday, or holiday (as celebrated
by the customer), the due date shall be the next
following business day.
5. Late Payment
Bills not paid in full on or before close of business on
the due date shall be subject to a penalty charge of
$25. In addition, an interest charge of one - twentieth
percent (0.05 percent) shall be applied each day to
the sum of the unpaid amount and the penalty charge.
This interest charge shall be assessed on a daily basis
until such time as the unpaid amount and penalty
charge are paid in full.
Remittances received by mail will be accepted with-
out assessment of the charges referred to in the
preceding paragraph provided the postmark indi-
cates the payment was mailed on or before the due
date. Whenever a power bill or a portion thereof
remains unpaid subsequent to the due date and after
giving 30 days' advance notice in writing, BPA may
cancel the contract for service tome customer. How-
ever, such cancellation shall not affect the customer's
liability for any charges accrued prior thereto under
such agreement
6. Disputed Billings
In the event of a disputed killing, fu 11 payment shall be
rendered to BPA and the disputed amount noted.
Disputed amounts are subject to the late payment
provisions specified above. BPA shall separately
account for the disputed amount. If it is determined
that the customer is entitled to the disputed amount,
B PA shall refund the disputed amount with interest, as
determined by BPA's Office of Financial Manage-
ment.
BPA retains the right to verify, in a manner satisfactory
to the Administrator, all data submitted to BPA for use
in the calculation of BPA's rates and corresponding
rate adjustments. BPA also retains the right to deny
eligibility for any BPA rate or corresponding rate
adjustment until all submitted data have been ac-
cepted by BPA as complete, accurate, and appropri-
ate for the rate or adjustment under consideration.
7. Revised Bills
As necessary, BPA may render a revised bill.
a. If the amount of the revised bill is less than or equal
to the amount of the original bill, the revised bill
shall replace all previous bills issued by BPA that
pertain to the specified customer for the specified
billing period and the revised bill shall have the
same date as the replaced bill.
b. If a revision causes an additional amount to be due
BPA or the specified customer beyond the amount
of the original bill, a revised bill will be issued for
the difference and the date of the revised bill shall
be its date of issue.
15
GWP Form -4R (04- 15 -83)
GENERAL WHEELING PROVISIONS
Index to Sections
Section Pane
GENERAL APPLICATION
1. Interpretation 2
2. Definitions 2
3. Prior Demands 4
4. Measurements 4
5. Measurements and Installation of Meters 5
6. Tests of Metering Installations 5
7. Adjustment for Inaccurate Metering 5
8. Character of Service 6
9. Point(s) of Delivery and Delivery Voltage 6
10. Combining Deliveries Coincidentally 6
11. Suspension of Deliveries 6
12. 'Continuity of Service
13. Uncontrollable Forces 7
14. Reducing Charges for Interruptions
15. Net Billing 7
16. Average Power Factor 7
17. Permits 8
18. Ownership of Facilities 8
19. Adjustment for Change of Conditions 8
20. Dispute Resolution and Arbitration 9
21. Contract Work Hours and Safety Standards 10
22. Convict Labor 11
23. Equal Employment Opportunity 11
24. Additional Provisions 12
25. Reports 12
26. Assignment of Contract 12
27. Waiver of Default 13
28. Notices and Computation of Time 13
29. Interest of Member of Congress 13
APPLICABLE ONLY IF TRANSFEREE IS A PARTY TO THIS CONTRACT
30. Balancing Phase Demands 13
31. Adjustment for Unbalanced Phase Demands 13
32. Changes in Requirements or Characteristics 13
33. Inspection of Facilities 13
34. Electric Disturbances 14
35. Harmonic Control 15
APPLICABLE ONLY IF TRANSFEREE IS NOT A PARTY TO THIS CONTRACT
36. Protection of the Transferor
RELATING ONLY TO RURAL ELECTRIFICATION BORROWERS
37. Approval of Contract •
APPLICABLE ONLY IF BONNEVILLE IS THE TRANSFEROR
38. Equitable Adjustnent of Rates
EMIT B
15
15
15
for such purpose. Bonneville, in determining the Measured Demand, will
exclude any abnormal Integrated Demands due to, or resulting from
(a) emergencies or breakdowns on, or maintenance of, either parties'
facilities, and (b) emergencies on facilities of the Transferee, provided that
such facilities have been adequately maintained and prudently operated as
determined by Bonneville.
If the contract provides for delivery of more than one class of power to a
Transferee at any Point of Delivery, the portion of each Integrated Demand
assigned to any class of power shall be determined as specified in the
contract. The portion of the Integrated Demand so assigned shall constitute
the Measured Demand for such class of power.
(e) "Month" means the period commencing at the time when the meters
mentioned in this contract are read by Bonneville and ending approximately 30
days thereafter when a subsequent reading of such meters is made by Bonneville
(f) "Point(s) of Delivery' means the point(s) of delivery listed either
in the Points of Delivery Exhibit to this contract or in the body of this
contract.
(g) 'System" or "Facilities" means the transmission facilities:
(1) which are owned or controlled by either party, or (2) which either party
. may use under lease, easement, or license.
(h) 'Transferee" means an entity which receives power or energy from the
system of the Transferor.
(i) "Transferor" means an entity which receives at one point on its
system a supplying entity's power or energy and makes such power or energy
available at another point on its. system for the account of the delivering
entity or a third party.
(j) 'Uncontrollable Forces' means:
(1) strikes or work stoppage affecting the operation of the
Contractor's works, system, or other physical facilities or of the Federal
System Facilities or the physical facilities of any Transferee upon which
such operation is completely dependent; the term "strikes or work
stoppage' shall be defined to include threats of imminent strikes or work
stoppage which reasonably require a party or Transferee to restrict or
terminate its operations to prevent substantial loss.or damage to its
works, system, or other physical facilities; or
(2) such of the following events as the Contractor or Bonneville or
any Transferee by exercise of reasonable diligence and foresight, could
not reasonably have been expected to avoid:
(A) events, reasonably beyond the control of either party or
any Transferee, causing failure, damage, or destruction of any works
system or facilities of such party or Transferee; the word "failure"
automatically recorded by such meter or, at the request of either party, the
measurement as mutually determined by the best available information.
. If it is provided in this contract that measurements made by any of the
meters specified therein are to be adjusted for losses, such adjustments shall
be made by using factors, or by compensating the meters, as agreed upon by the
parties hereto. If changes in conditions occur which substantially affect any
such loss factor or compensation, it will be changed in a manner which will
conform to such change in conditions.
5. Measurements and Installation of Meters. Bonneville may at any time
install a meter or metering equipment to make the measurements for any Point
of Delivery required for any computation or determination mentioned in this
contract, and if so installed, such measurements shall be used thereafter in
such computation or determination,.
6. Tests of Metering Installations. Each party to this .contract shall,
at its expense, test its metering installations associated• with this contract
at least once every two years, and, if requested to do so by the other party, •
shall make additional tests or inspections of such installations, the expense
of which shall be paid by such other party unless such additional tests or
inspections show the measurements of such installations to be inaccurate as
specified in section 7. Each party shall give reasonable notice of the time
when any such test or inspection is to be made to the other party who may -have
representatives present at such test or inspection. Any component of such
installations found to be defective or inaccurate shall be adjusted, repaired
or replaced to provide accurate metering..
7. Adjustment for Inaccurate Metering
(a) If any meter mentioned in this contract fails to register, or if the
measurement made by such meter during a test made as provided in section 6
varies by more than one percent from the measurement made by the standard
meter used in such test, or If an error in meter reading occurs, adjustment
shall be made correcting all measurements for the actual period during which
such innacurate measurements were made, if such period can be determined. If
such period cannot be determined, the adjustment shall be made for the period
immediately preceding the test of such meter which is equal to the lesser of
(a) one -half the time from the date of the last preceding test of such meter,
or (b) six months. Such corrected measurements shall be used to recompute the
amounts of any electric power and energy to be made available, or any credits
to be made in any exchange energy account, and of any money compensation to be
paid to the Transferor as provided in this contract.
(b) If the credit theretofore made to the Transferor in the exchange
energy account varies from the credit to be made as recomputed, the amount of
the variance will be credited in such exchange energy account to the party
entitled thereto.
(c) If the money compensation theretofore paid to the Transferor varies
from the money compensation to be paid as recomputed, the amount of the
variance will be paid to the party entitled thereto after both parties have
agreed to such rec omputation and within 30 days after receipt of invoice by
the designated payment office of the payer; provided, however, that the other
13. Uncontrollable Forces. Each party shall notify the other as soon as
possible or any uncontrol aoie Forces which may in any way affect the delivery
of power hereunder. In the'event the operations of either party are
interrupted or curtailed due to such Uncontrollable Forces, such party shall
exercise due diligence to reinstate such operations with reasonable dispatch.
14. Reducing Charges for Interruptions. If deliveries of electric power
and energy to the !'ransteree are suspenaea, interrupted, interfered with or
curtailed due to Uncontrollable Forces on either the Transferee's System or
Transferor's System, or if the Transferor interrupts or reduces deliveries to
the Transferee for any of the reasons stated in section 12 hereof, the credit
in the exchange energy account which would otherwise be made, or the money
compensation which would otherwise be paid to the Transferor, shall be
appropriately reduced. No interruption, or equivalent interruption, of less
than 30 minutes duration will be considered for computation of such reduction
in charges.
15. Net Billing. Upon mutual agreement of the parties, payment due one
party may be offset against payments due the other party under all contracts
between the parties hereto for the sale and exchange of electric power and
energy, use of transmission facilities, operation and maintenance of electric
facilities, lease of electric facilities, mutual supply of emergency and
standby electric power and energy, and under such other contracts between such
parties as the parties may agree, unless otherwise provided in existing
- contracts between the parties. Under contracts included 'in this procedure,
all payments due one party in any month shall be offset against payments due
the other party in such month, and the resulting net balance shall be paid to
the party in whose favor such balance- exists unless the latter elects to have
such balance carried forward to be added to the payments due it in a
succeeding month.
16. Average Power Factor.
(a) The formula for determining average power factor is as follows:
Average Power Factor - Kilowatthours
/(Kilowatthours)' + (Reactive Kilovolt- ampere- hours)L
The data used in the above formula shall be obtained from meters which are
ratcheted to prevent reverse registration.
(b) When delivery of electric power and energy by the Transferor at any
point'Is commingled with any other class or classes of power and it is
impracticable to separately meter the kilowatthours and reactive
kilovolt -ampere-hours for each class, the average power factor of the total
delivery of such electric power and energ' for the month will be used, where
applicable, as the power factor for each of the separate classes.
(c) .Except as it is otherwise specifically provided in this contract, no
adjustment will be made for power factor at any point of delivery described in
this contract while the varhours delivered at such point are not measured.
equipment or facilities for that purpose shall be deemed to be a change of
conditions within the meaning of the preceding sentence.
If, pursuant to the terms of the agreement establishing such exchange
energy account, another rate is substituted for the rate to be used in
settling the balance In such account, the number of kilowatthours to be
credited to the Transferor in such account for each month as provided in this
agreement, shall be changed for each month thereafter to the amount computed
by multiplying such number of kilowatthours by 2.5 mills and dividing the
resulting. product by the currently effective substituted rate in mills per
ki1owatthour.
20. Dispute Resolution and arbitration.
(a) Pending resolution of a disputed matter the parties will continue -
performance of their respective obligations pursuant to this contract. If the
parties cannot reach timely mutual agreement on any matter in the
administration of this contract Bonneville shall, unless otherwise
specifically provided for in subsection (b) below and, to the extent necessary
for its continued performance, make a determination of such matter without
prejudice to the rights of the other party. Such determination shall not
constitute a waiver of any other remedy belonging to the Contractor.
(b) The questions of -fact stated below shall be subject to arbitration.
Other questions of fact under this contract may be submitted to arbitration
upon written mutual agreement of the parties. The party calling for
arbitration shall serve notice in writing upon the other party, setting forth
in detail the question or questions to be arbitrated and the arbitrator
appointed by such party. The other party shall, within 10 days after the
receipt of such notice, appoint a second arbitrator, and the two so appointed
shall choose and appoint a third. In case such other party fails to appoint
an arbitrator within said 10 days, or in case the two so appointed fail for
10 days to agree upon and appoint a third, the party calling for the
arbitration, upon 5 days' written notice delivered to the other party, shall
apply to the person who at the time shall be the presiding judge of the United
States Court of Appeals for the Ninth Circuit for appointment of the second
and third arbitrator, as the case may be.
The determination of the question or questions submitted for
arbitration shall be made by a majority of the arbitrators and shall be
binding on the parties. Each party shall pay for the services and expenses of
the arbitrator appointed by or for it, for its own attorney fees, and for
compensation for its witnesses or consultants. All other costs incurred in
connection with the arbitration shall be shared equally by the parties thereto.
The questions of fact to be determined as provided in this section
shall be limited to:
(1) the determination of the measurements to be made by the parties
hereto pursuant to section 4;
(2) the correction of the measurements to be made pursuant to
section 7;
e
(d) Subcontracts. The Contractor shall insert in any subcontracts the
clauses set rortn in subsections (a) through (c) of this provision and also a
clause requiring the subcontractors to include these'clauses in any lower tier
subcontracts which they may enter into, together with a clause requiring this
insertion in any furthersubcontracts that may in turn be made.
(e) Records. The Contractor shall maintain payroll records containing
the information specified in 29 CFR 516.2(a). Such records shall be preserved
for 3 years from the completion of the contract.
22. Convict Labor. In connection with the performance of work under this
contract, the Contractor agrees, if and to the extent required by applicable
law or if not otherwise exempted, not to employ any person undergoing sentence
of imprisonment except as provided by Public Law 89 -176, September 10, 1965
(18 U.S.C. 4082(c)(2)) and Executive Order 11755, December 29, 1973.
23. Equal Employment Opportunity. During the performance of this
contract, if and to the extent required by applicable law or if not otherwise
exempted, the Contractor agrees as follows:
. (a) The Contractor will not discriminate against any employee or '
applicant for employment because of race, color, religion, sex, or national
origin. The Contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without ,regard
to their race, color, religion, sex, or national origin. Such action shall
include, but not be limited to the following.' employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided by Bonneville setting forth the provisions of the Equal
Opportunity clause.
(b) The Contractor will, in all solicitations or advertisements for •
employees placed by or on behalf of the Contractor, state that art qualified
applicants will receive consideration for employment without regard to race,
color, religion, sex, or national origin.
(c) The Contractor will send to each labor union or representative of
workers with which said Contractor has a collective bargaining agreement or
other contract or understanding, a notice, to be provided by Bonneville,
advising the labor union or worker's representative of the Contractor's
commitments under this Equal Opportunity clause and shall post copies of the
notice in conspicuous places available to employees and applicants for
employment.
(d) The Contractor will comply with all provisions of Executive Order
No. 11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
(e) The Contractor will furnish all information and reports required by
Executive Order No. 11246.of September 24, 1955,•and by the rules,
regulations, and relevant orders of the Secretary of Labor, or pursuant
71
specifically provided in this section. The consent of Bonneville is hereby
given to any security assignment or other like financing instrument which may
be required under terms of any mortgage, trust, security agreement or holder.
of such instrument of indebtedness made by and the Contractor and any
mortgagee, trustee, secured party, subsidiary of the Contractor or holder of
such instrument of indebtedness, as security for bonds of other indebtedness
of such Contractor, present or future; such mortagagee, trustee, secured
party, subsidiary, or holder may realize upon such security in foreclosure or
other suitable proceedings, and succeed to all right, title, and interests of
such Contractor.
27. Waiver of Default. Any waiver at any time by any party to this
contract of its rights with respect to any default of any other party thereto,
or with respect to any other matter arising in connection with such contract,
shall not be considered a waiver with respect to any subsequent default or
matter.
28. Notices and Computation of Time. Any notice required by this
contract to be given to any party shall be effective when it is received by
such party, and in computing any period of time from such notice; such period
shall commence at 2400 hours an the date of receipt of such notice.
29. Interest of Member of Congress.
Congress, or Resident Conntssioner shall
this contract or to any benefit that may
shall not be construed to extend to this
for its general benefit.
No Member of, or Delegate to
be admitted to any share or part of
arise therefrom, but this provision
contract if made with a• corporation
APPLICABLE ONLY IF TRANSFEREE IS A PARTY TO THIS CONTRACT
30. Balancing Phase Demands. If required by the Transferor at any time
during the term of this contract, the Transferee shall promptly make such
changes as are necessary on its system to balance the phase currents at any
Point of Delivery so that the current of any one phase shall not exceed the
current on any other phase at such point by more than 10 percent.
31. Adjustment for Unbalanced Phase Demands. If the Transferee fails to
promptly make tne changes mentioned in section iO, the Transferor may, after
giving written notice one month in advance, determine that the Measured Demand
of the Transferee at the Point of Delivery in question during each month
thereafter, until such changes are made, is equal to the product obtained by
multiplying by three the largest of the Integrated Demands on any phase
adJusted as appropriate to such point during such month.
32. Changes in Requirements or Characteristics. The Transferee will,
whenever possible, give reasonable notice to tne transferor of any unusual
increase or decrease of its demands for electric power and energy on the
Transferor's system, or of any unusual change in the load factor or•oower
factor at which the Transferee will take delivery of electric power and energy
under this contract. -
33. Inspection of Facilities. Each party may for any reasonable purpose
under this contract inspect the other party's electric installation at any
reasonable time. Such inspection, or failure to inspect, shall not render
(f) Nothing in this section shall be construed to create any duty to, any
standard of care with reference to, or any liability to any person not a party
to this contract.
33. Harmonic Control. Each party shall design, construct, operate,
maintain and use its electric facilities in accordance with good engineering
practices to reduce to acceptable levels the harmonic currents and voltages
which pass into the other party's facilities. Harmonic reductions shall be
accomplished with equipment which is specifically designed and permanently
operated and maintained as an integral part.of the facilities of the party
which awns the system on which harmonics are generated.•
APPLICABLE ONLY IF TRANSFEREE IS NOT A PARTY TO THIS CONTRACT
36. Protection of the Transferor. Protection is or will be afforded to
Bonneville or its Transferor under such of the following provisions and
conditions as are specified in each contract executed or to be executed by
Bonneville and each third party Transferee named in this contract: the power
factor clause of the applicable Bonneville Wholesale Rate Schedule and the
subject matter set forth in the General Contract Provisions under the
following titles, namely:
Adjustment for Unbal ariced Phase Demands; Uncontrollable Forces;
Continuity of Service; Changes in Demands or Characteristics; Electric
Disturbances; Harmonic Control; Balancing Phase Demands; Permits; Ownership of
Facilities; and Inspection of Facilities.
RELATING TO RURAL ELECTRIFICATION ADMINISTRATION BORROWERS
37. Approval of Contract.. If the Contractor borrows from the Rural
Electrification Administration or any other entity under an indenture which
requires the lender's approval of contracts, this contract and any amendment
thereto shall not be binding on the parties thereto if they are•not approved
by the Rural Electrification Administration or such other entity. The
Contractor shall notify Bonneville of any such entity. If approval is given,
such contract or amendment shall be effective at the time stated therein.
APPLICABLE ONLY IF BONNEVILLE IS THE TRANSFEROR
38. Equitable Adjustment of Rates.
(a) Bonneville shall establish, periodically review and revise rates for
the wheeling of electric power and /or energy pursuant to the terms of this
contract. Such rates shall be established in accordance with applicable law.
(b) As used in this section, the words "Rate Adjustment Date" shall mean
any date specified.by Bonneville in a notice of intent to file revised rates
as published in the Federal Register; provided, however, that such date shall
not occur sooner than (1) nine months rrom the date treat such notice of intent
is published; or (2) twelve months from any previous Rate Adjustment Date. By
giving written notice to the Contractor 45 days prior to such Rate Adjustment
Date, Bonneville may delay such Rate Adjustment Date for up to 90 days if .
Bonneville determines either that the revenue level of the proposed rates
A. Points of Integration, Points of Delivery, Transmission Demand, Charges,
and Resources.
Point of
Integration
(Voltage) (P0I)
Government's Port
Angeles Substation
69 kV
Bay 26
Point of
Delivery (POD)
(Voltage)
Government's Port
Angeles Substation -
69 kV
Bay 23
(5040j)
Transmission
Demand
485 KW
Transmission Parameters
1/ Composite UFT charge based on Bays 23 & 26.
Exhibit C, Page 1 of 4
Contract No. DE- MS79- 91BP93194
Morse Creek Hydroelectric Project
Effective at 2400 hours on the
Effective Date of this Agreement
Use -of- Resource
Facilities to be
Charge (UFT) Integrated
$0.097 /kW /mo Morse Creek
1/
Exhibit C, Page 2 of 4
Contract No. DE- MS79- 91BP93194
Morse Creek Hydroelectric Project
Effective at 2400 hours on the
Effective Date of this Agreement
B. Calculation of Charges Pursuant to the UFT -83 Rate Schedule:
2/ 1/ 3/, 4/
I&A I &A 0&M Sum of 6/
Annual Annual Annual Non - Coincidental 5/ Project
Facility Investment Cost Ratio Cost Cost Demands $ /kW /vr. Demand
Government's $160,631 8.73 $14,023 $6,533 28,185 kW 0.729 485 kW
Port Angeles
Substation
69kV
Bay 26
Bay 23 $257,740 8.73 $22,501 $6,533 66,219 kW 0.438 485 kW
(5040j)
Total UFT Charge =
$1.168 /kW yr
$0.097 /kW /mo
1/ 0 &M charge based on low voltage terminal in 2 -4 -91 0 &M cost tables.
2/ Normally taken from current ACR table, column (8) minus column (5), Type S5 Substation,
revised table dated 5 -3 -91.
3/ 1992 peak loads from Clallam Eastern (27,700 kW) plus Morse Creek (485 kW).
4/ 1992 peak loads from Port Angeles' City No. 1 bay (60.18 % of Port Angeles' City Nos. 1
and 2) plus Morse Creek (485 kW) plus Clallam's Eastern bay (27,700 kW).
(60.18% X 63,200) + 485 + 27,700 = 66,219 kW.
5/ Unit Charge = (I &A Annual Cost) + 0 &M Annual Cost = $ /kW yr.
Sum of Non - Coincidental Demands
Monthly Charge = ($ /kW yr) (Project Demand) = $ /mo.
12 months
6/ Ratchets shall be handled in accordance with section 5(c).
B. Description of Project and Points of Intearation and Points of Delivery
1. MORSE CREEK HYDRO PROJECT
Location: the project is located in the NW 1/4 of Section 29, T30N,
R5W, Willamette Meridian, Clallam County, Washington; approximately
3 miles east of Port Angeles and 1 -1/2 to 2 miles south of state
route 101 and primarily east of Glass Road;
Demand: 485 kW;
Voltage: 12.5 kV;
Exhibit C, Page 3 of 4
Contract No. DE- MS79- 91BP93194
Morse Creek Hydroelectric Project
Effective at 2400 hours on the
Effective Date of this Agreement
Metering: in the City's powerhouse, in the 480 volt circuit over
which such electric power and energy flows;
Adjustments: there shall be an adjustment for transformation losses
between the Project point of metering and the high side of the
Project transformer.
2. MORSE CREEK POINT OF INTERCONNECTION
Location: A point on the Utility's distribution line approximately
one half mile from the Morse Creek Hydro Project at the junction of
Glass and Boyd Roads where the distribution lines of the Utility and
the line from the City's Project interconnect;
Voltage: 12.5 kV;
Adjustments: there shall be an adjustment for transmission losses
between the Morse Creek Hydro Project and the Morse Creek Point of
Interconnection.
3. PORT ANGELES POINT OF INTEGRATION
Location: the point in Bay 26 ( Clallam Co. PUD's Feeder No. 1) in
the Government's Port Angeles Substation where the 69 kV facilities
of the Utility and the Government are connected;
Voltages: 69 kV;
Metering: in the Government's Port Angeles Substation in the 69 kV
circuit over which such electric power and energy flows;
Adjustments: there shall be an adjustment for distribution losses
between the Utility's Morse Creek Point of Interconnection and the
Government's Port Angeles Point of Interconnection.
4. PORT ANGELES POINT OF DELIVERY
(5040j)
Exhibit C, Page 4 of 4
Contract No. DE- MS79- 91BP93194
Morse Creek Hydroelectric Project
Effective at 2400 hours on the
Effective Date of this Agreement
Location: the point in Bay 23 (Port Angeles Feeder No. 1) in the
Government's Port Angeles Substation where the 69 kV facilities of
the City and the Government are connected;
Voltages: 69 kV;
Metering: in the Government's Port Angeles Substation in the 69 kV
circuit over which such electric power and energy flows;
Adjustments: there shall be no adjustment for losses between the
Point of Interconnection and the Point of Delivery.
(5040j)
Loss Factors
Exhibit D, Page 1 of 1
Contract No. DE- MS79- 91BP93194
Morse Creek Hydroelectric Project
Effective at 2400 hours on the
Effective Date of this Agreement
The losses specified in this exhibit under Points of Interconnection and
Points of Delivery shall consist of two components. The first is the
transformation and transmission losses from the Project to the Morse Creek
Point of Interconnection, and the second is the transmission and
transformation losses from the Morse Creek Point of Interconnection to the
Port Angeles Point of Integration. No losses shall be applied between the
Port Angeles Point of Integration and the Port Angeles Point of Delivery as
specified in this exhibit. The losses between the Project Point of Metering
and the Port Angeles Point of Integration shall be submitted to the City and
the Utility by Bonneville by separate letter. The revision of these losses
shall be as specified in section 4(c).
Resource Services
Exhibit E, Page 1 of 1
Contract No. DE- MS79- 91BP93194
Morse Creek Hydroelectric Project
Effective at 2400 hours on the
Effective Date of this Agreement
Resource service charges shall be incorporated into Exhibit E as developed by
Bonneville according to section 4(d) of this agreement. As of the Effective
Date of this Agreement, the resource service charge As zero.
(5040j)
EXHIBIT "B"
OPERATION PROCEDURES
I Reference map and schematic are attached.
II Normal operation of hydroproject:
a. Main valve (1) is open.
b. Isolating valve (2) is open.
c. Powerhouse valve (3) is open.
d. Line valve (4) is closed.
e. Hydroproject generates power. District draws water from pipeline for
treatment plant.
III Streamflow shutdown:
a. Streamflows below FERC license limits are sensed by float at the
City's diversion structure.
b. A signal is sent to the powerhouse.
c. Generation shutdown at the powerhouse by valve (3).
d. Flow to District's treatment plant is not interrupted.
IV Pipeline break shutdown:
a. Loss of pipeline pressure is sensed at powerhouse.
b. A signal is sent to the diversion structure.
c. Main valve (1) closes and hydroproject shuts down.
d. Flow to District's treatment plant is interrupted. City notifies
District.
e. City determines location of break:
1. Upstream of District treatment plant - cannot re- establish water
flow until repaired. Repairs will be by the City.
LI0060[2]
2. Downstream of District treatment plant - City crew closes
isolating valve (2) and opens main valve (1) to re- establish
water flow to the District's treatment plant. Repairs will be by
the City.
f. After repairs, City opens isolating valve (2) or main valve (1) and
restarts hydroproject (if appropriate).
V Electric system fault shutdown:
a. District's system protection opens on fault condition. Hydroproject's
protection opens on fault condition.
b. Powerhouse valve (3) closes.
c. Flow to District's treatment plant is not interrupted.
d. District isolates work area if fault is on its system - possibly
opening switch D4260. City isolates work area if fault is on its
underground cable - would open switch D4260. When switch D4260 is
operated by either party, the other will be notified.
e. After repairs are made and verification that all workers are in the
clear, lines will be re- energized by the owner.
f. City will open powerhouse valve (3) and restart the hydroproject.
NOTE: A similar procedure would be used in the event of loss of
transmission system voltage.
VI Planned maintenance shutdown:
a. The party planning the maintenance shutdown of electric or water lines
will notify the other party 48 hours in advance.
b. Planned maintenance will be scheduled to minimize the time normal
operation under this Agreement will be interrupted.
VII Emergency conditions:
When other emergency conditions occur that interrupt normal operation under
this Agreement, the affected party will notify the other as soon as
reasonably possible.
LI0060(2)
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City of Port Angeles, Washington Project No. 6461 -025
ORDER AMENDING LICENSE
(Issued February 20, 2009)
On August 13, 2007, the City of Port Angeles (City) filed an application to amend
the minimum flows required under Article 19 of their project license for the Morse Creek
Hydroelectric Project, FERC No. 6461. The project is located on Morse Creek, in
Clallam County, Washington.
BACKGROUND
tL 2e 'ET IT b2. 138
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
The project consists of a diversion dam at river mile (RM) 7.2, a screened intake
structure, a 750 -ft long concrete tunnel, an 11,400 -R long buried 24 -inch diameter
pipeline, and a 1,500 -11 long high pressure penstock leading to the powerhouse at RM 4.3.
The bypass reach between the diversion dam and powerhouse is approximately 3.0 miles
long. A waterfall, considered impassable to fish, is located at approximately RM 5.0,
resulting in a 0.7 mile bypass reach accessible by anadromous fish. To protect resident
trout populations in the bypass reach as well as any anadromous fish using the 0.7 mile
accessible section of bypass reach, license Article 19 of the project's existing license
stipulates minimum flows as measured at the project's intake structure located at the
diversion dam.
Under the existing license Article 19, no minimum instream flows are stipulated for
seven months of the year based on the hydrological analysis and Instream Flow
Incremental Methodology (IFIM) study conducted as part of the application process for
the original license. Based on that analysis, it was assumed that natural flow minus the 19
cubic feet per second (cfs) diversion flow would provide suitable fish habitat conditions
during these seven months. However, over the course of project operations, especially
during drought periods, it was identified that the existing minimum flows under Article 19
are not always sufficient in meeting the habitat needs of anadromous salmonids.
Furthermore, Puget Sound fall Chinook salmon and Coastal -Puget Sound bull trout were
federally listed as "threatened" under the Endangered Species Act (ESA) in 1999 and have
been observed in Morse Creek. As a result, the City, in consultation with the Lower
Elwah Klallam Tribe (Tribe), Washington Department of Fish and Wildlife (WDFW) and
32 FERC y 62,618 Order Issuing License (Minor), issued September 20, 1985.
Project No. 6461-025 - 2 -
the Washington Department of Ecology (WDOE), determined that minimum instream
flows should be provided for all months of the year to protect flow- related habitat for fish
species present in Morse Creek, especially ESA - listed Chinook salmon and bull trout.
By copy of a letter to the City, dated March 26, 2001 and filed with the
Commission on April 3, 2001, the U.S. Fish and Wildlife Service (FWS) expressed
concerns regarding the slope stability along the penstock route and the need to prevent
landslides, which could affect the water quality of Morse Creek, and installation of a
tailrace barrier to prevent fish from becoming trapped in the tailrace or delayed in their
migration by being attracted to the tailrace flow from the powerhouse. Additionally, they
offered assistance in addressing the needs of ESA - listed species for the project by
continuing discussions with the City regarding their concerns and Identifying ways that
the project could be operated to avoid or minimize impacts to bull trout. By letter issued
May 14, 2001, the Commission recommended that the City continue working with the
FWS in identifying any possible project-related impacts to the listed species while
addressing the concerns raised by the FWS.
By letters dated December 21, 2001 and March 14, 2003, and filed with the
Commission on January 18, 2002 and March 24, 2003, respectively, the City provided
updates regarding the project including the status of corrective actions addressing the
FWS concerns. Additionally, the City's March 14, 2003 letter stated that several meetings
with the resource agencies had occurred since April 2001 but requested that the
Commission assist in facilitating an agreement between the resource agencies and the City
regarding measures to protect listed species. By letter issued August 18, 2003, the
Commission indicated their offer of assistance to the City by designating the City as the
Commissions non - federal representative for purposes of Section 7 ESA informal
consultation with the FWS and National Marine Fisheries Service (NMFS), consistent
with the Commission's procedures for conducting post - licensing ESA consultations. By
letter dated October 8, 20Q3 and filed with the Commission on October 14, 2003, the City
expressed their willingness to act as the Commission's non-federal representative.
Additionally, the City's October 2003 letter stated that the permanent tailrace barrier was
completed and all other identified protective measures for the project had been completed.
By letter issued October 31, 2003, the Commission notified the FWS, also acting as the
lead for NMFS regarding Chinook salmon, that the City was acting as the Commission's
non - federal representative for purposes of Section 7 ESA Informal consultation.
By letter dated December 18, 2003, the City stated that they had reached agreement
with WDFW, WDOE and the Tribe for new minimum flows for salmonid protection in
Morse Creek, including the ESA- listed species. Additionally, the City stated that they
would begin the state watershed planning process as it relates to Morse Creek and the new
agreed upon minimum flows and the preparation of a biological assessment for the new
Project No. 6461 -025 - 3 -
minimum flows as stipulated in the Section 7 ESA consultation process. By letters dated
January 12, 2004, the WDFW and the Tribe stated their support for the new minimum
flows. By letter dated February 4, 2004, the WDOE also stated their support for the new
minimum flows. By letter dated February 13, 2004 and filed with the Commission on
February 17, 2004, the City provided an update to:the Commission regarding their Section
7 ESA consultation, their biological assessment, and their intent to begin operating the
project under the newly agreed upon minimum flows. By letter issued February 26, 2004,
the Commission acknowledged the City's Februarly 17, 2004 filing stating that the new
minimum flows are consistent with their license requirements under Article 19 by
providing additional flows and protection for the ESA - listed species in Morse Creek.
On September 14, 2007, the Commission issued notice that the amendment
application was accepted for filing. In response, a timely motion to intervene was filed by
the WDOE on October 15, 2007 and the FWS filed a response stating that they did not
have any comments. By letter issued November 5, 2007, the Commission provided FWS
and NMFS a biological assessment for the City's proposed license amendment. Based
upon our finding in the biological assessment that the new minimum flows "may affect,
but are not likely to adversely affect" Puget Sound fall Chinook salmon or Coastal -Puget
Sound bull trout, we requested their concurrence +ith our determination. By letter dated
December 14, 2007 and filed with the Commission on December 18, 2007, FWS
concurred with our "may affect, not likely to adversely affect" determination stating that
the proposed minimum flows would be beneficial to bull trout. By letter dated and filed
with the Commission on September 2, 2008, NMFS also concurred with our "may affect,
but not likely to adversely affect" determination. The NMFS's letter also stated that
critical habitat for Puget Sound Chinook salmon was designated in 2005, but did not
include Morse Creek. Furthermore, with regard to the Magnuson - Stevens Fishery
Conservation and Management Act (MSA), NMFS states that because the conservation
measures that are included as part of the proposed action to address ESA and other
concerns are also adequate to avoid, minimize, or otherwise offset potential adverse
effects to designated Essential Fish Habitat, conservation recommendations pursuant to
the MSA are not necessary.
PROPOSED AMENDMENT
The City proposes to modify the minimum instream flow requirements under
Article 19 of their license. License Article 19 requires the City to release minimum flows
into the project's bypass reach during four months of the year whereas the City's proposed
amendment would provide minimum flows during eleven months of the year (project shut
down during September) to protect salmonid habitat in the project's bypass reach,
especially for ESA - listed Chinook salmon and bull trout. Furthermore, while the City's
proposal would ensure habitat protection for fish species in Morse Creek, their proposal
Project No. 6461 -025 - 4 -
would provide greater operational flexibility and ensure a 'zero net loss' in project
revenue. The existing minimum flows under license Article 19 are contained in Table 1
and the licensee's proposed new minimum flows are provided in Table 2.
Table 1. Existing bt ss reach minimum
Month(sl
January through March
April
Mav through July
August
September
October
November
December
Table 2. Licensee's proposed bypass reach new minimum flows u measured at the d' dam.
Month 1 Minimum Flow I Month
January
February 1 -14
February 15 -29
March
Auril
May
June
July 1 -15
MORSE CREEK FISH
flows required under license Article 19.
Oneration/Miuim Flow
Proiect shut down at all streamflows
85 cfs
Protect shut down at all streamflows
90 cfs
Project shut down at all streamflows
100 cfs
65 cfs
Proiect shut down at all streamflows
Minimum Flow
48 cfs 1 July 16-31 50 cfs
48 cfs 1 August 1 -15 50 cfs
50 cfs I Auest 16-3 i 58 cfs
50 cfs 1 September No generation
55 cfs i October 1 -15 69 cfs
61 ell 1 October 16 -31 60 cfs
61 cfs 1 November 48 cfs
61 cfs I December 48 cfs
Fish known to have inhabited Morse Creek include spring Chinook salmon, coho
salmon, fall chum salmon, pink salmon, summer and winter steelhead, and searun
cutthroat trout. Only a few visual, unconfirmed sightings of bull trout have been made
and are generally considered to be strays. The fall/summer Chinook salmon in Morse
Creek are considered an aggregate of native and hatchery fish once supplemented from the
Elwha River. The WDFW conducted outplantings of non -native fall Chinook salmon in
1971, 1973, and 1988 from unknown sources. These outplanting efforts were considered
to be unsuccessful based on spawning surveys from 1985 -2003, which indicated fewer
than 10 falVsuunmer Chinook sahnon per year returning to Morse Creek.
Based on available information, It is presumed that spring Chinook salmon have
been extirpated from Morse Creek. The last verified sighting of spring Chinook salmon
occurred in 1982. Morse Creek supports a fall chum salmon population, which reproduce
below the project primarily in the lower 3.5 miles of Morse Creek. Based on surveys
Project No. 6461 -025 - 5 -
conducted by the Tribe since 1990, small annual runs of less than 50 chum salmon have
been identified. Pink salmon escapement data collected by the Tribe since 1993 shows
that the pink salmon population has been steadily building from depressed levels, with a
peak escapement of approximately 2,000 fish in 2001. However, in 2003 the estimated
escapement was only 200 fish. The current distribution of pink salmon spawning in
Morse Creek occurs from approximately 0.2 miles below the impassable falls (RM 4.5)
downstream for approximately 13 miles. Coho salmon spawning surveys conducted by
WDFW and the Tribe from 1984 to 1994 indicate short-term declines, with a high of 134
fish in 1991 and a low of zero fish in 1993. Recent stream surveys suggest a continued
decline of coho salmon in Morse Creek with the 2003 -2004 escapement data yielding only
6 redds observed during seven survey events.
Although summer steelhead were last observed in Morse Creek in 1995, it is
suggested that there may be a small remnant native stock present which may be comprised
of stray hatchery fish from the Elwha or Dungeness River. Stream surveys indicate that a
small population of winter steelhead occurs in Morse Creek with spawning occurring up
to the impassable falls. Although recent data collected by WDFW has indicated a short-
term decline in winter steelhead, the population has met or exceeded WDFW's
escapement goal of 120 fish in six of the previous nine years. Both resident and sea -run
forms of cutthroat trout are thought to exist in Morse Creek although there is lisle or no
quantitative data concerning their status. Searun cutthroat trout are rarely observed but
were historically present with an abundance level of approximately 200 fish.
There is not considered to be a naturally occurring population of bull trout in Morse
Creek. Although several sightings have been recorded in Morse Creek, it is believed that
these fish are likely strays from adjacent Elwha or Dungeness River systems or other Juan
de Fuca river populations. It is unknown if there is any reproduction in the lower reaches
of Morse Creek, but that it may serve as a winter refugia and potential seeding areas for
char (bull trout or Dolly Vanden) from the Elwha and Dungeness River populations.
Based on radio telemetry studies, it is believed that bull trout dip into some of the
independent tributaries along the coast where they are presumably feeding over winter.
EFFECTS OF PROPOSED ACTION
The proposed new minimum flows would preserve the natural bimodal hydrology
of Morse Creek. This occurs in part because the project can only divert a relatively small
portion of the creek for hydropower generation (19 cfs compared to a mean annual flow of
134 cfs) and in part because the probability of the project diverting any water with the
proposed new minimum flows decreases as the natural streamtlow decreases, especially in
the summer and early fall periods. Under median flow conditions (50% exceedance) the
project would not operate during August, September and October. This period represents
Project No. 6461 -025 - 6 -
the primary period of upstream migration and spawning for fall Chinook and pink salmon,
respectively. Under dry conditions (90% exceedance) the project would not operate from
July 1 through December 31 (providing protection of salmonid rearing and all salmon
spawning) and during early February and March through April (providing protection for
steelhead trout spawning). As a result, the proposed new minimum flows would not be
expected to adversely affect spawning and rearing habitat requirements for salmon and
steelhead. Furthermore, since bull trout may only occur in the lower reaches of Morse
Creek during the winter months for overwintering, they are not likely to be affected by the
proposed action.
The proposed new minimum flows would result in providing higher flows in Morse
Creek during typical dry conditions in July, December, late February, and March
compared to the current minimum flow requirements. As natural flows are reduced during
extremely dry (drier than 90% exceedance) conditions, the proposed new minimum flows
provide greater flows than under the current minimum flow requirements as a result of the
project being shut down during these periods. Based on a maximum flow change of 19
cfs when the project is shut down, an approximate 1 -inch change (ramping rate) in water
surface elevation would occur below the project. However, the project powerhouse
contains a flow continuation valve and nozzle that allows water passing through the
penstock to be diverted away from the turbine and into the tailrace while the turbine and
generator are shutting down. Therefore, the project's operation would not be expected to
result in any fish stranding in the event of a project shutdown. In order to document and
ensure compliance with the proposed new minimum flows, the licensee should file an
Annual Streamflow Monitoring Report with the Commission by March 1, beginning 2010.
The report should include daily average flow data for the entire year as measured at the
diversion dam.
THREATENED AND ENDANGERED SPECIES
Section 7(aX2) of the Endangered Species Act of 1973, requires federal agencies to
ensure that their actions are not likely to jeopardize the continued existence of federally
listed threatened and endangered species, or result in the destruction or adverse
modification of their designated critical habitat. The federally threatened Puget Sound fall
Chinook salmon and Coastal -Puget Sound bull trout have been observed in Morse Creek.
The biological assessment concluded that the proposed amendment "may affect, not likely
to adversely" affect Puget Sound fall Chinook salmon and Coastal -Puget Sound bull trout
stating that the proposed new minimum flow would be beneficial to the fish species of
Morse Creek, including the ESA - listed fall Chinook salmon and bull trout. By letter
issued November 5, 2007, the Commission provided FWS and NMFS a biological
assessment for the City's proposed flcense amendment and based upon its detemtination,
requested their concurrence. By letters dated December 14, 2007 and September 2, 2008,
Project No. 6461 -025
FWS and NMFS concurred, respectively, with ourldetermination and concluded the
consultation process required under Section 7 of the ESA.
WATER OUALITY CERTIFICATION
Under section 401(a) of the Clean Water Act (CWA) the Commission may not
issue a license for a hydroelectric project that authorizes any activity that may result in a
discharge from the project unless the state water quality certifying agency either has
issued water quality certification for the project or has waived certification by failing to
act on a request for certification within a reasonable period of time, not to exceed one
year. Section 401(d) of the CWA provides that the certification shall become a condition
of any federal license that authorizes construction or operation of the project.
On December 24, 2007, the City applied for amendment to their 401 Water Quality
Certification with the Washington State Department of Ecology (WDOE) for their
proposed amendment. On October 31, 2008, WDOE issued notice of the City's
application. On December 17, 2008, WDOE issueil an amended 401 Water Quality
Certification to the City and to the August 8, 1985 certification that it had issued for the
original project license. The amended certification! addresses the amendment proposed in
this proceeding. The amended 401 Water Quality Certification is included as Appendix A
of this order, and is made part of the license for the project by ordering paragraph (C).
The Directors orders:
(A) The application to amend license, filed , iugust 13, 2007, to modify the
minimum flow requirements under Article 19 of the September 20, 1985 Order Issuing
License (Minor) is approved as provided for in this order, effective the day this order is
issued.
(B) The minimum flows under license Article 19 of the September 20, 1985 Order
Issuing License (Minor) are revised according to the table below, as measured at the
diversion dam:
Month 1 Minimum Flow 1 1 Month
January 1 48 cfs 1 July 16
Febntary 1 -14 1 48 cfs I August 1 -15
February 15 -29 1 50 cfs 1 August 16 -
March 1 50 cfs 1 Seotember
Aoril 1 55 cfs 1 October 1 -15
May 1 61 cfs 1 October 16-31
June 1 61 cfs 1 November
July 1 -15 1 61 cfs 1 December
Minimum Flow
50 cfs
50 cfs
58 cfs
No generation
69 cfs
60 cfs
48 cfs
48 cfs
Project No. 6461 - 025 - 8 -
(C) Water Quality Certification. The license for the Morse Creek Hydroelectric
Project is subject to the conditions of the amended Water Quality Certification, issued to
the City of Port Angeles by the Washington Department of Ecology on December 17,
2008, under Section 401 of the Clean Water Act. The Water Quality Certification is
attached to this order as Appendix A.
(D) The licensee shall file annually with the Commission by March 1, beginning
2010, an Annual Streamflow Monitoring Report. The licensee's report shall include daily
average flow data for the entire year as measured at the diversion dam.
(E) The licensee shall file an original and seven copies of any filing required by this
order with:
The Secretary
Federal Energy Regulatory Commission
Mail Code: DHAC, PJ -12.3
888 First Street, NE
Washington, DC 20426
(F) This order constitutes final agency action. Requests for rehearing by the
Commission may be filed within 30 days of the date of issuance of this order, pursuant to
18 C.F.R. § 385.713.
Tayl
Chief, Biological Resources Branch
Division of Hydropower Administration
and Compliance
Project No. 6461.025
IN THE MATTER OF GRANTING A )
WATER QUALITY CERTIFICATION TO
City of Port Angeles
for Morse Creek Hydropower Project
with Chapter 90.48 RCW and the
Rules and Regulations of the
Department of Ecology
- 9 -
APPENDIX A
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
ORDER No. 6106
To: Mr. Larry Dunbar
City of Port Angeles
321 East Fifth Street
PO Box 1150
Port Angeles, WA 98362 -0217
This order amends the Clean Water Act 401 Certification issued to the Port Angeles Morse Creek
Hydroelectric Project (FERC No. 6461) on August 8, 1985, for operation of the Morse Creek
Hydroelecuic Project This order is issued under the provisions of Chapter 90.48 RCW and Chapter 173 -
201A WAC.
Through this order the prior certification is hereby amended and replaced by this certification. In the event
of a conflict with the requirements of this amendment and the prior certification, the requirements of the
amendment shall prevail, unless the Department of Ecology (Ecology) provides otherwise by written
order.
1.0 Nature of Project
The Port Angeles Morse Creek project is a small 0.465 MW hydroelectric facility located on Morse Creek,
which drains north to the Strait of Juan de Fuca and is approximately 15 mites east of Port Angeles,
Washington. The Federal Energy Regulatory Commission (FERC) issued a license for the project in 1985.
The project is owned by, managed and licensed to the City of Port Angeles, Washington. Major project
features include:
(a) a diversion dam (10 -foot high by 25 -foot wide) located at river mile (RM) 72;
(b) an intake structure with fixed fish screens and trash tack;
(c) a 750 -foot long concrete tunnel, an 1 1,400 -foot long buried 24 -inch diameter pipeline, and a
1,500 -foot long high pressure penstock leading to the powerhouse at RM 43; and
(d) a single Patton wheel turbine with a generating capacity of 465 kilowatt (kW).
A natural falls at RM 4.9 divides the watershed, posing an impassable barrier to anad ; fish. A
Project No. 6461 -025 -10 -
resident population of rainbow trout occurs above the Bibs. The City operates the project in a run -of -river
mode and it has no useable storage capacity. Consequently, the project can only operate when the natural
river flow is significantly greater than the requited bypass reach minimum flow.
2.0 Flndiags
Project backgrowsd Information related to the certification amendment
1. The project was abut down 1998 due to maintenance costs and the price of electric power revenue
and restarted In 2004. The City of Port Angeles announced its Intention to restart the project in
October 2000 and notified FERC and other federal and state agencies at that time.
2. The lower Elwha Klallam Tube, Ecology, and the Washington State Departr,tent of Fish and
Wildlife (WDFW) conducted additional consultation and studies to increase flows during all
months and to protect salmoaid habitat, prior to restarting the project.
3. The Licensee evaluated the project for both temperature and dissolved gas, and the project did not
appear to violate or have potential to violate the criteria for these parameters. Morse Creek flows
north from the Olympic Mountain foothills and the bypass reach is well shaded which keeps the
temperature low.
4. The agreed instream flows set forth below increases flows to protect habitat for Chinook Salmon
and other sabnonids in the lower reach, and for bug trout and other resident trout above and below
natural obstructions. The bypass reach between the diversion dam and the powerhouse is
approximately 3.0 miles long. A waterfall, considered impassable to anadromous salmon, is
located at approximately river mile 4.9, resulting in a 0.7 mile anadromous reach affected by the
hydropower diversion. To protect the resident trout populations in the bypass reach as well as
anadromous fish potentially using the 0.7 -mile lower section, this certification stipulates the
minimum flows that the City of Port Angeles must meet. These flows are shown in Table I,
section 4.0.
5. These flows were proposed and agreed to by the Ecology, WDFW, the Lower Elwha lUallam
Tribe and the City of Port Angeles.
6. The City operator determines the water level at the diversion weir using a sonic sensor. The actual
flow must be udapreted by the operator from a chart based on gauged flows. The operator mast
adjust the turbine load to meet the minimum flow requirement and to control ramping rates in the
reach below the tailrace.
3.0 General Conditions and Requirements
1) In the event of a conflict between the conditions and requirements of this amendment and those of
the prior certification, issued on August 8, 1985, the conditions and requirement of this
amendment shall prevail, unless Ecology provides otherwise by written order.
2) The project shall comply with all water quality standards approved by the En . ,. , .mat
Protection Agency (currently codified in ch. 173 -201A WAC), ground water quality standards
(currently codified in ch. 173 -200 WAC), and sediment quality standards (currently codified in ch.
173 -204 WAC) and other appropriate requirements of state law.
Project No. 6461 -025
- 11
3) In the event of changes or amendments to the !sate water quality, ground water quality, or
sediment standards, or changes in or amendments to the state Water Pollution Control Act (RCW
90.48), or changes in or amendments to the Clean !Water Act, such provisions, standards, criteria,
or requirements shall apply to this project end any attendant agreements, orders or permits.
Ecology will notify the Licensee through an Administrative Order of any such changes or
amendments applicable to its project
4) Discharge of any solid or liquid waste to the waters of the state of Washington without prior
5) The Licensee shall obtain Ecology review and approval before undertaking any change to the
project or project operations that might violate ,water quality or affect compliance with any
applicable water quality standard (including designated uses) or other appropriate requirement of
state law.
6) This Certification -Order does not exempt the Licinsee from compliance with other statutes and
codes administered by federal, state, and local agerthies.
7) A Hydraulic Project Approval (HPA) (under 77.55 IRCW) shall be acquired from the WDFW prior
8) Ecology retains the right, by further Order, to modify schedules or deadlines provided under this
9) Ecology retains the right by Administrative Order to require additional monitoring wadies or
measures if it determines them is likelihood that violations of water quality standards or other
appropriate requirements of state law have ace or may occur, or insufficient information
exists to make such determination.
approval from Ecology is prohibited.
to any work in waters of the Sate.
Order or provisions it incorporates.
10) This order is based on the currently available data and analysis for different parameters of
concern. Ecology specifically reserves the right to make further modifications to this order based
upon future water quality findings or allocations of 'pollutant Toad.
11) Ecology reserves the right to amend this Order if it determines that the provisions hereof are no
longer adequate to provide reasonable assurance of compliance with applicable water quality
standards or other appropriate requirements of Stale law. Any such amended Order shall take
effect immediately upon issuance, unless otherwise provided in the amended Certification -Order,
and may be appealed to the Pollution Control Hearings Board (PCHB) under ch. 43.218 RCW.
12) Ecology reserves the right to issue orders, assess or seek penalties, and to initiate legal actions in
any court or forum of competent jurisdiction for the purposes of enforcing the requirements of this
Order.
13) The conditions of this Order shall not be construed Ito prevent or prohibit the Licensee from either
voluntarily or in response to legal requirements imposed by a court, the FERC, or any other body
with competent jurisdiction. taking actions which will provide a greater level of protection,
mitigation, or enhancement of water quality or of existing or designated uses.
14) Copies of this Order and associated permits, licenses, approvals and other documents shall be kept
on the Project site and made readily available for 'reference by the Licensee, its contractors and
consultants, and by Ecology.
15) The Licensee shall allow Ecology access to inspect the project and project records required by this
Order for the purpose of monitoring compliance with its conditions. Access shall occur after
reasonable notice, except in emergency circumstances.
Project No. 6461 -025 - 12 -
16) The L: .. __ shall, upon request by Ecology, fully respond to all reasonable requests for materials
to assist Ecology in making determinations under this Order and any resulting rulemaking or other
process.
17) Any work that Is out of compliance with the provisions of this Order, or conditions that result in
distressed, dying or dead fish, or any discharge of oil, fuel, or chemicals into state waters, or onto
land with a potential for any into state waters, or violation of turbidity criteria is prohibited. if
these conditions occur, the Licensee must immediately take the following actions:
a) Cease operations at the location of the violation to the extent such operations may reasonably
be causing or contributing to the problem.
b) Assess the cause of the water quality problem and take appropriate measures to correct the
problem and/or prevent further environmental damage.
c) Notify Ecology of the failure to comply. Oil or chemical spill events shall be reported
immediately to Ecology's 24 -Hour Spill Response Team at (360) 407 .6300 within 24 hours.
Other non - compliance events shall be reported to Ecology's Federal Permit Manager at (800)
424 -8802.
d) Submit a detailed written report to Ecology within five (5) days that describes the nature of
the event, corrective action taken and/or planned, steps to be taken to prevent a recurrence„
results of any samples taken, and any other pertinent information.
e) Observed violations at the project shall be highlighted an annual monitoring report due by
November 15 of each year.
18) The project operation must meet the temperature requirements for supplemental spawning and
incubation criteria listed in WAC 173-201A-200 (Salmon and Trout Spawning) for August 1
through Jone 15, which is a maximum temperature of 13°C. For the real of the year the project
must meet a maximum temperature of 16`C, and for all odter parameters throughout the year, the
project must menu the conditions listed in WAC 173 -201A -200 (Core Summer Salmonid Habitat).
Compliance with these requiranents does not relieve the Licensee from responsibility to maintain
continuous compliance with the hems and conditions of this Cehtifieation -Order or the resulting liability
from failure to comply.
4.0 Conditions relating to flow and ramping.
Licensee must discharge at least the following continuous minimum instrcam flows from the Morse Creek
Project diversion weir, for the protection of aquatic sources in Morse Creek:
Table 1: Minimum lnstream Flows measured at the diversion dam.
Month { Hydro Operadoeal
linstream Flow (c6)
1 January
February 1 -14
1 February 15 -29
March
April
1
48
48
50
50
55
Project No. 6461 -025 ' • 13 -
Mav
June
July 1 -15
July 16-31
Auaust 1 -15
Monist 15 -31
September
October 1 -15
October 16 -31
November
December
61
61
61
50
So
58
No Generation
69
60
48
48
The minimum flow may be temporarily modified if required by operating emergencies beyond the control
of the Licensee, or for short periods upon mutual a .._..[ between the Licensee and Ecology Ecology
reserves the authority to require modification of the minimum flows and ramping rates if new information
or analysis shows that the flows are inadequate to protect designated instream uses.
The licensee must not exceed the following ramping rates in the anadromous portion of Morse
Creek:
Season 1 Day_lie.ht Rates' Night Rate
February 16 to 15' 1 No Ramping 12 inches/hour
June 16 to October 31 I 1 inch/hour 1 I inch/hour
November I to February 15 12 inches/ hour 12 inches/hour
' Salmon fry are present
t Steelhead fry are present
Daylight is defined as one hour before sunrise to one hour after sunset
5.0 Conditions relating to Construction Projects, Miscellaneous Discharges, and Habitat
Modifications
The following applies to all in -water or over -water work related to the project that can impact surface-
water or ground -water quality. This includes, but is not limited to, construction, operation, and
maintenance of fish screens, fish collection structures, generation, turbines, penstocks, the tailrace,
transportation facilities, portable toilets, transmission corridors, structures, and staging areas. This also
includes emergencies for all activities related to project operation.
1. If water quality excursions are predicted as being unavoidable during construction or maintenance
of a project, the Licensee must apply for a short -tern modification in writing to Ecology at least
three months prior to project initiation. If any project has a long -term impact on a regulated water
quality parameter, characterization monitoring must be performed for the Impacted parameter(s),
Project No. 6461 -025 -14 -
and a monitoring plan must be outlined in the Water Quality Protection Plan discussed below. This
may require additional management practices to minimize impacts over the license period.
2. A Water Quality Protection Plan (WQPP) must be prepared, and followed, for all project - related
work that is in or near water that has the potential to impact surface, and/or groundwater quality.
The WQPP must include control measures to prevent contaminants from entering surface water
and ground water, and must include, but not be limited to, the following elements:
a) A Stormwater Pollution Prevention Plan (SWPPP) must specify the Bast Management
Practices (BMPs) and other control to prevent contaminants entering the project's
surface water and groundwater. The SWPPP shall address the pollution control measures for
the Licensee's activities that could lead to the discharge of stormwater or other contaminated
water from upland areas. The SWPPP must also specify the management of chemicals,
hazardous materials and petroleum (spill prevention and containment procedures), including
refueling procedures, the measures to take in the event of a spill, and reporting and training
requirements.
b) Am In- Water -Work Protection Plan (IW WPP) must be consistent with the SWPPP and must
specifically address the BMPs and other control measures for the Licensee activities that
require work within surface waters. Turbidity and dissolved oxygen must be monitored
upstream and downstream of the location where in -water construction occurs. Samples must
be taken at least once each day during construction in or adjacent to any water bodies within
the project area that may be affected by the constriction. The I W W PP must include all water
quality protection measures consistent with a Hydraulic Project Approval (IIPA) for the
project
c) The WQPP must include procedures for monitoring water quality, actions to implement the
plan if a water quality excursion occurs, and procedures for reporting any water quality
violations to Ecology. The WQPP must include all water quality protection measures
consistent with an HPA for the project The Licensee must submit the WQPP to Ecology for
review and approval at least three months prior to project initiation, and the on -site
construction manager must possess a copy of the WQPP, and have it available for review by
Ecology staff, whenever construction work is under way.
d) When a construction project meets the coverage requirements of the National Pollution
Discharge Elimination System (NPDES) permit and State Waste Discharge General Permit for
stormwater discharges associated with construction activity, the Licensee must either, at
Ecology's discretion, apply for this permit and comply with the teens and conditions of the
permit or apply for and comply with the terms of an individual NPDES permit.
3. Best Management Practices
a) Work in or near the diversion dam, water behind the dam, the river, or any wetlands must
include all reasonable measures to minimize the impacts of construction activity on waters of
the state. Water quality constituents of particular concern are turbidity, suspended sediment,
settleable solids, oil and grease, and piL These measures include the use of BMPs to control
erosion and sedimentation, proper use of chemicals, oil and chemical spill prevention and
control, clean -up of surplus construction supplies, and other solid wastes.
Project No. 6461 -025 -15 -
b) During construction, all necessary measures must be taken to minimize the disturbance of
existing riparian, wetland or upland vegetation.
c) All construction debris must be property disposed of on land so that the debris cannot enter a
waterway or cause water quality degradation to any state waters. Retention atlas or swales
must be used to prevent discharging of water from construction placement areas.
d) The Licensee must ensure that any till materials that are placed for proposed habitat
improvement in any waters of the state do not contain toxic materials in toxic amounts.
6.0 Conditions relating to Oil Spill Prevention and Control
1) The Licensee must not allow discharge of oil, fuel, or chemicals into waters of the state, or onto
land with a potential for entry into waters of the state as prohibited by Ch. 90.56 RCW and Ch.
90.48 RCW.
2) The Licensee must contain and ..., . . from ilk water, visible floating oils released from
construction or project operation. The Licensee must take the following actions:
a) In the event of a discharge of oil, fuel or chemicals into state waters, or onto land with a
potential for entry into state waters, immediately begin and complete containment and clean-
up efforts. Clean -up will take precedence over normal work and must include proper disposal
of any spilled material and used clean-up materials.
b) Do not use emulsifiers or dispersants in waters of the state without prior approval from
Ecology, Southwest Regional Office.
c) Within three months of receiving the amended license from FERC, establish an Ecology -
approved on-site spill cleanup material inventory. Maintain this on -site inventory and a
complete inventory list
d) Project Operators must be familiar with and trained in the use of oil spill cleanup materials. In
the event of an oil spill, properly dispose of u6ed/contaminated materials and oil and as soon
as possible restock new supplies. Include records of proper disposal in the oil consumption
records and keep copies of disposal records of contaminated cleanup supplies on -site for
inspection.
e) Keep spill prevention containment and control (SPCC) Plans as required and historical spill
records on -site. Provide these to Ecology immediately upon request.
I) Identify and map floor drains. Post these maps at the Project in a conspicuous location for use
by Operators and other personnel in the event of an oil spill. Seal floor drains that are no
Ionger needed.
3) Transformers
a) Transformer containment area surfaces must be impervious. Conduct periodic inspections and
re- surface areas, fill cracks, caulk metal plata footings or otherwise ensure that containment
areas will contain all spill fluids
b) Obtain prior approval from Ecology before breaching containment areas for reasons other than
containment area maintenance.
c) Conform to industry standards for protecting water quality and preventing and containing
spills when transporting transformers and transformer oil.
Project No. 6461 -025 -16 -
d) Conduct weekly Inspections of transformer containment area Inctuding an inspection of the
drains for freeze -up conditions. Remove any observed rainwater pooling in the containment
areas.
4) Oil, fuel and chemical storage containers, containment areas, and conveyance systems
a) Provide proper containment around each storage container (including transformers and
emergency generator fuel supplies) or around a combination of storage containers as
appropriate.
b) Regularly check all fuel hoses, oil'drums, oil or fuel transthr valves and finings, etc, for drips
and leaks. Maintain and properly store them to prevent spills into state waters.
c) Do not refuel equipment within 50 feet of rivers, creeks, wetlands, or otter waters of the state.
d) The Licensee must implement the BMPs for spills of oil or hoardous substances from the
Department of Ecology's Storrtwater Management Manual for Western Washington (SWMM)
or equivalent manual. -
e) Contain wash water containing oils, grease, or other hazardous materials resetting from wash -
down of equipment or working areas for proper disposal, and do not discharge this water into
state waters.
7.0 Order
Any person who fails to comply with any provision of this Order No. 6106 shall be liable under the Clean
Water Act for a penalty of up to twenty (20) thousand dollars per day and under the state Water Control
Act, for a penalty of up to ten (10) thousand dollars per day per violation or such other amount as may be
authorized under state law as exists now or may be amended during the term of the license.
IN THE MATTER OF GRANTING A
WATER QUALITY CERTIFICATION TO
City of Port Angeles
for Morse Creek Hydropower Project
with Chapter 90.48 RCW and the
Rules and Regulations of the
Department of Ecology
To: Mr. Larry Dunbar
City of Port Angeles
321 East Fifth Street
PO Box 1150
Port Angeles, WA 98362 -0217
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
ORDER No. 6106
This order amends the Clean Water Act 401 Certification issued to the Port Angeles Morse Creek
Hydroelectric Project (FERC No. 6461) on August 8, 1985, for operation of the Morse Creek
Hydroelectric Project. This order is issued under the provisions of Chapter 90.48 RCW and Chapter 1.73 -
20I A WAC.
Through this order the prior certification is hereby amended and replaced by this certification. In the
event of a conflict with the requirements of this amendment and the prior certification, the requirements
of the amendment shall prevail, unless the Department of Ecology (Ecology) provides otherwise by
written order.
1.0 Nature of Project
The Port Angeles Morse Creek project is a small 0.465 MW hydroelectric facility located on Morse
Creek, which drains north to the Strait of Juan de Fuca and is approximately. 1.5 miles east of Port
Angeles, Washington. The Federal Energy Regulatory Commission (FERC) issued a license for the
project in 1985. The project is owned by, managed and licensed to the City of Port Angeles, Washington.
Major project features include:
(a) a diversion dam (10 -foot high by 25 -foot wide) located at river mile (RM) 7.2;
(b) an intake structure with fixed fish screens and trash rack;
(c) a 750 -foot long concrete tunnel, an 11,400 -foot long buried 24 -inch diameter pipeline, and a
1,500 -foot long high pressure penstock leading to the powerhouse at RM 4.3; and
(d) a single Pelton wheel turbine with a generating capacity of 465 kilowatt (kW).
A natural falls at RM 4.9 divides the watershed, posing an impassable barrier to anadromous fish. A
resident population of rainbow trout occurs above the falls. The City operates the project in a run -of -river
mode and it has no useable storage capacity. Consequently, the project can only operate when the natural
river flow is significantly greater than the required bypass reach minimum flow.
2.0 Findings
Project background information related to the certification amendment
1. The project was shut down 1998 due to maintenance costs and the price of electric power revenue
and restarted in 2004. The City of Port Angeles announced its intention to restart the project in
October 2000 and notified FERC and other federal and state agencies at that time.
2. The lower Elwha Klallam Tribe, Ecology, and the Washington State Department of Fish and
Wildlife (WDFW) conducted additional consultation and studies to increase flows during all
months and to protect salmonid habitat, prior to restarting the project.
3. The Licensee evaluated the project for both temperature and dissolved gas, and the project did not
appear to violate or have potential to violate the criteria for these parameters. Morse Creek flows
north from the Olympic Mountain foothills and the bypass reach is well shaded which keeps the
temperature low.
4. The agreed instream flows set forth below increases flows to protect habitat for Chinook Salmon
and other salmonids in the lower reach, and for bull trout and other resident trout above and
below natural obstructions. The bypass reach between the diversion dam and the powerhouse is
approximately 3.0 miles long. A waterfall, considered impassable to anadromous salmon, is
located at approximately river'mile 4.9, resulting in a 0.7 mile anadromous reach affected by the
hydropower diversion. To protect the resident trout populations in the bypass reach as well as
anadromous fish potentially using the 0.7 -mile lower section, this certification stipulates the
minimum flows that the City of Port Angeles must meet. These flows are shown in Table 1,
section 4.0.
5. These flows were proposed and agreed to by the Ecology, WDFW, the Lower Elwha Klallam
Tribe and the City of Port Angeles.
6. The City operator determines the water level at the diversion weir using a sonic sensor. The
actual flow must be interpreted by the operator from a chart based on gauged flows. The operator
must adjust the turbine load to meet the minimum flow requirement and to control ramping rates
in the reach below the tailrace.
3.0 General Conditions and Requirements
1) In the event of a conflict between the conditions and requirements of this amendment and those of
the prior certification, issued on August 8, 1985, the conditions and requirements of this
amendment shall prevail, unless Ecology provides otherwise by written order.
2) - The project shall comply with all water quality standards approved by the Environmental — '" —
Protection Agency (currently codified in ch. 173 -201A WAC), ground water quality standards
(currently codified in ch. 173 -200 WAC), and sediment quality standards (currently codified in
ch. 173 -204 WAC) and other appropriate requirements of state law.
3) In the event of changes or amendments to the state water quality, ground water quality, or
sediment standards, or changes in or amendments to the state Water Pollution Control Act (RCW
90.48), or changes in or amendments to the Clean Water Act, such provisions, standards, criteria,
or requirements shall apply to this project and any attendant agreements, orders or permits.
Ecology will notify the Licensee through an Administrative Order of any such changes or
amendments applicable to its project.
4) Discharge of any solid or Liquid waste to the waters of the state of Washington without prior
approval from Ecology is prohibited.
5) The Licensee shall obtain Ecology review and approval before undertaking any change to the
project or project operations that might violate water quality or affect compliance with any
applicable water quality standard (including designated uses) or other appropriate requirement of
state law.
6) This Certification -Order does not exempt the Licensee from compliance with other statutes and
codes administered by federal, state, and local agencies.
7) A Hydraulic Project Approval (HPA) (under 77.55 RCW) shall be acquired from the WDFW
prior to any work in waters of the State.
8) Ecology retains the right, by further Order, to modify schedules �r deadlines provided under this
Order or provisions it incorporates.
9) Ecology retains the right by Administrative Order to require additional monitoring studies or
measures if it determines there is likelihood that violations of water quality standards or other
appropriate requirements of state law have occurred or may occur, or insufficient information
exists to make such determination.
10) This order is based on the currently available data and analysis for different parameters of
concerns. Ecology specifically reserves the right to make further modifications to this order
based upon future water quality findings or allocations of pollutant load.
11) Ecology reserves the right to amend this Order if it determines that the provisions hereof are no
Ionger adequate to provide reasonable assurance of compliance with applicable water quality
standards or other appropriate requirements of State law. Any such amended Order shall take
effect immediately upon issuance, unless otherwise provided in the amended Certification- Order,
and may be appealed to the Pollution Control Hearings Board (PCHB) under ch. 43.21B RCW.
12) Ecology reserves the right to issue orders, assess or seek penalties, and to initiate legal actions in
any court or forum of competent jurisdiction for the purposes of enforcing the requirements of
this Order.
13) The conditions of this Order shall not be construed to prevent or prohibit the Licensee from either
voluntarily or in response to legal requirements imposed by a court, the FERC, or any other body
with competent jurisdiction, taking actions which will provide a greater level of protection,
mitigation, or enhancement of water quality or of existing or designated uses.
14) Copies of this Order and associated permits, licenses, approvals and other documents shall be
kept on the Project site and made readily available for reference by the Licensee, its contractors
and consultants, and by Ecology.
15) The Licensee shall allow Ecology access to inspect the project and project records required by
this Order for the purpose of monitoring compliance with its conditions. Access shall occur after
reasonable notice, except in emergency circumstances.
16) The Licensee shall, upon request by Ecology, fully respond to all reasonable requests for
materials to assist Ecology in making determinations under this Order and any resulting
rulemaking or other process.
17) Any work that is out of compliance with the provisions of this Order, or conditions that result in
distressed, dying or dead fish, or any discharge of oil, fuel, or chemicals into state waters, or onto
land with a potential for entry into state waters, or violation of turbidity criteria is prohibited. If
these conditions occur, the Licensee must immediately take the following actions: .
a) Cease operations at the location of the violation to the extent such operations may reasonably
be causing or contributing to the problem.
b) Assess the cause of the water quality problem and take appropriate measures to correct the
problem and/or prevent further environmental damage.
c) Notify Ecology of the failure to comply. Oil or chemical spill events shall be reported
immediately to Ecology's 24 -Hour Spill Response Team at (360) 407 -6300 within 24 hours.
Other non - compliance events shall be reported to Ecology's Federal Permit Manager at (800)
424 -8802.
d) Submit a detailed written report to Ecology within five (5) days that describes the nature of
the event, corrective action taken and /or planned, steps to be taken to prevent a recurrence,
results of any samples taken, and any other pertinent information.
e) Observed violations at the project shall be highlighted an annual monitoring report due by
November 15 of each year.
18) The project operation must meet the temperature requirements for supplemental spawning and
incubation criteria listed in WAC 173 -201A -200 (Salmon and Trout Spawning) for August 1
through June 15, which is a maximum temperature of 13 °C. For the rest of the year the project
must meet a maximum temperature of 16 °C, and for all other parameters throughout the year, the
project must meet the conditions listed in WAC 173 -201A -200 (Core Summer Salmonid Habitat).
Compliance with these requirements does not relieve the Licensee from responsibility to maintain
continuous compliance with the terms and conditions of this Certification -Order or the resulting liability
from failure to comply.
4.0 Conditions relating to flow and ramping.
Licensee must discharge at least the following continuous minimum instream flows from the Morse
Creek Project diversion weir, for the protection of aquatic resources in Morse Creek:
January
February 1 -14
February 15 -29
March
April
May
June
July 1 -15
July 16 -31
August 1 -15
August 15 -31
September
October 1 -15
Table 1: Minimum Instream Flows measured at the diversion dam.
Month Hydro Operational
Instream Flow (cfs)
48
48
50
50
55
61
61
61
50
50
58
No Generation
69
October [ 6 -3 I
November
December
60
48
48
The minimum flow may be temporarily modified if required by operating emergencies beyond the control
of the Licensee, or for short periods upon mutual agreement between the Licensee and Ecology. Ecology
reserves the authority to require modification of the minimum flows and ramping rates if new information
or analysis shows that the flows are inadequate to protect designated instream uses.
The licensee must not exceed the following ramping rates in the anadromous portion of Morse
Creek:
Season Daylight Rates'
February 16 to 15 1 No Ramping
June 16 to October 31 1 1 inch/hour •
November 1 to February 15 2 inches/ hour
` Salmon fry are present
2 Steelhead fry are present
3 Daylight is defined as one hour before sunrise to
1 Night Rate
2 inches/hour
1 1 inch/hour
1 2 inches/hour
one hour after sunset
5.0 Conditions relating to Construction Projects, Miscellaneous Discharges, and Habitat
Modifications
The following applies to all in -water or over -water work related to the project that can impact surface -
water or ground -water quality. This includes, but is not limited to, construction, operation, and
maintenance of fish screens, fish collection structures, generation, turbines, penstocks, the tailrace,
transportation facilities, portable toilets, transmission corridors, structures, and staging areas. This also
includes emergencies for all activities related to project operation.
1. If water quality excursions are predicted as being unavoidable during construction or maintenance
of a project, the Licensee must apply for a short-term modification in writing to Ecology at least
three months prior to project initiation. If any project has a long -term impact on a regulated water
quality parameter, characterization monitoring must be performed for the impacted parameter(s),
and a monitoring plan must be outlined in the Water Quality Protection Plan discussed below.
This may require additional management practices to minimize impacts over the license period.
2. A Water Quality Protection Plan (WQPP) must be prepared, and followed, for all project - related
work that is in or near water that has the potential to impact surface, and /or groundwater quality.
The WQPP must include control measures to prevent contaminants from entering surface water
and ground water, and must include, but not be limited to, the following elements:
a) A Stormwater Pollution Prevention Plan (SWPPP) must specify the Best Management
Practices (BMPs) and other control measures to prevent contaminants entering the project's
surface water and groundwater. The SWPPP shall address the pollution control measures for
the Licensee's activities that could lead to the discharge of stormwater or other contaminated
water from upland areas. The SWPPP must also specify the management of chemicals,
hazardous materials and petroleum (spill prevention and containment procedures), including
refueling procedures, the measures to take in the event of a spill, and reporting and training
requirements.
b) An In- Water -Work Protection Plan ( IWWPP) must be consistent with the SWPPP and must
specifically address the BMPs and other control measures for the Licensee activities that
require work within surface waters. Turbidity and dissolved oxygen must be monitored
upstream and downstream of the Location where in -water construction occurs. Samples must
be taken at least once each day during construction in or adjacent to any water bodies within
the project area that may be affected by the construction. The IWWPP must include all water
quality protection measures consistent with a Hydraulic Project Approval (HPA) for the
project.
c) The WQPP must include procedures for monitoring water quality, actions to implement the
plan if a water quality excursion occurs, and procedures for reporting any water quality
violations to Ecology. The WQPP must include all water quality protection measures
consistent with an HPA for the project. The Licensee must submit the WQPP to Ecology for
review and approval at least three months prior to project initiation, and the on -site
construction manager must possess a copy of the WQPP, and have it available for review by
Ecology staff, whenever construction work is under way.
d) When a construction project meets the coverage requirements of the National Pollution
Discharge Elimination System (NPDES) permit and State Waste Discharge General Permit
for stormwater discharges associated with construction activity, the Licensee must either, at
Ecology's discretion, apply for this permit and comply with the terms and conditions of the
permit or apply for and comply with the terms of an individual NPDES permit.
3. Best Management Practices
a) Work in or near the diversion dam, water behind the dam, the river, or any wetlands must
include all reasonable measures to minimize the impacts of construction activity on waters of
the state. Water quality constituents of particular concern are turbidity, suspended sediment,
settleable solids, oil and grease, and pH. These measures include the use of BMPs to control
erosion and sedimentation, proper use of chemicals, oil and chemical spill prevention and
control, clean-up of surplus construction supplies, and other solid wastes.
b) During construction, all necessary measures must be taken to minimize the disturbance of
existing riparian, wetland or upland vegetation.
c) All construction debris must be properly disposed of on land so that the debris cannot enter a
waterway or cause water quality degradation to any state waters. Retention areas or swales
must be used to prevent discharging of water from construction placement areas.
d) The Licensee must ensure that any fill materials that are placed for proposed habitat
improvement in any waters of the state do not contain toxic materials in toxic amounts._
6.0 Conditions relating to Oil Spill Prevention and Control
1) The Licensee must not allow discharge of oil, fuel, or chemicals into waters of the state, or onto
land with a potential for entry into waters of the state as prohibited by Ch. 90.56 RCW and Ch.
90.48 RCW.
2) The Licensee must contain and remove from the water, visible floating oils released from
construction or project operation. The Licensee must take the following actions:
a) In the event of a discharge of oil, fuel or chemicals into state waters, or onto land with a
potential for entry into state waters, immediately begin and complete containment and clean-
up efforts. Clean -up will take precedence over normal work and must include proper disposal
of any spilled material and used clean -up materials.
b) Do not use emulsifiers or dispersants in waters of the state without prior approval from
Ecology, Southwest Regional Office.
c) Within three months of receiving the amended license from FERC, establish an Ecology -
approved on -site spill cleanup material inventory. Maintain this on -site inventory and a
complete inventory list.
d) Project Operators must be familiar with and trained in the use of oil spill cleanup materials.
In the event of an oil spill, properly dispose of used/contaminated materials and oil and as
soon as possible restock new supplies. Include records of proper disposal in the oil
consumption records and keep copies of disposal records of contaminated cleanup supplies
on -site for inspection.
e) Keep spill prevention containment and control (SPCC) Plans as required and historical spill
records on -site. Provide these to Ecology immediately upon request.
f) Identify and map floor drains. Post these maps at the Project in a conspicuous location for
use by Operators and other personnel in the event of an oil spill. Seal floor drains that are no
longer needed.
3) Transformers
a) Transformer containment area surfaces must be impervious. Conduct periodic inspections
and re- surface areas, fill cracks, caulk metal plate footings or otherwise ensure that
containment areas will contain all spill fluids.
b) Obtain prior approval from Ecology before breaching containment areas for reasons other
than containment area maintenance.
c) Conform to industry standards for protecting water quality and preventing and containing
spills when transporting transformers and transformer oil.
d) Conduct weekly inspections of transformer containment area including an inspection of the
drains for freeze -up conditions. Remove any observed rainwater pooling in the containment
areas.
4) Oil, fuel and chemical storage containers, containment areas, and conveyance systems
a) Provide proper containment around each storage container (including transformers and
emergency generator fuel supplies) or around a combination of storage containers as
appropriate.
b) Regularly check all fuel hoses, oil drums, oil or fuel transfer valves and fittings, etc, for drips
and leaks. Maintain and properly store them to prevent spills into state waters.
c) Do not refuel equipment within 50 feet of rivers, creeks, wetlands, or other waters of the
state.
d) The Licensee must implement the BMPs for spills of oil or hazardous substances from the
Department of Ecology's Stormwater Management Manual for Western Washington
(SWMM ) or equivalent manual.
e) Contain wash water containing oils, grease, or other hazardous materials resulting from wash -
down of equipment or working areas for proper disposal, and do not discharge this water into
state waters.
7.0 Order
Any person who fails to comply with any provision of this Order No. 6106 shall be liable under the Clean
Water Act for a penalty of up to twenty (20) thousand dollars per day and under the state Water Control
Act, for a penalty of up to ten (10) thousand dollars per day per violation or such other amount as may be
authorized under state law as exists now or may be amended during the term of the license.
You have the right to appeal this Order to the Pollution Control Hearings Board. Pursuant to chapter
43.21 B RCW, your appeal must be filed with the Pollution Control Hearings Board, and served on the
Department of Ecology, within thirty (30) days of the date of your receipt of this document.
To appeal this order, your notice of appeal must contain a copy of the Ecology Order you are appealing.
You must file your appeal with the Pollution Control Hearings Board.
Mail your appeal to:
The Pollution Control Hearings Board
P.O. Box 40903
Olympia WA 98504 -0903
OR
Deliver your appeal in person to:
The Pollution Control Hearings Board
4224 6t° Ave. SE Rowe Six, Bldg. 2
Lacey, WA, 98504 -0903
Your appeal must also be served on
The Department of Ecology
Appeals Coordinator
P.O. Box 47608
Olympia, WA 98504 -7608
In addition, please send a copy of your appeal to:
Eric Schlorff
SWRO Water Quality Program
PO Box 47775
Olympia, WA 98504 -7775
For additional information: Environmental Hearings Office Website: httn: / /www.eho.wa.eov
Your appeal alone will not stay the effectiveness of this Order. Stay requests must be submitted in
accordance with RCW 43.21B. 320. These_procedures are_consistent with_Ch._4321B_RCW._
DAT D December 17. 2008, at Olympia, Washington
"" �i 1
Garui Schrieve, P.E.
Water Quality Section Manager
Southwest Regional Office
Water Quality Program