HomeMy WebLinkAbout5.329F Original Contract
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WHEELING AGREEMENT
This AGREEMENT IS made and entered into this ~ day of t-lO\lt.mbW , 1993, by and between
Port Angeles City Light, hereinafter calIed "CIty Light", and who has requested wheeling services, and the Public
Utility DistrIct No. 1 of ClalIam County, Washington, heremafter called the "District", who will be providing
wheeling services.
WITNESSETH that:
WHEREAS, City Light and the District concur that the best interests of their respective customers is served by
optImizing electrIcal facllities; and
WHEREAS, situations exist where extensive electrical facilities would be required to provide electrical service
to certam customers due to agreed upon service territory boundaries and physical terrain features; and
WHEREAS, both City Light and District customers could benefit from the wheeling of power over the facilities
of one utility to the facilities and customers of the other utility; and
WHEREAS, CIty LIght and District representatives have met and reached agreement on the terms and conditions
under whIch power would be wheeled consistent WIth the Wheeling Principles set forth in the Electrical Service
Area Agreement which the parties entered mto on December 30, 1992;
NOW, THEREFORE, IT IS AGREED between the partIes hereto as follows:
1 Term of Agreement:
This Agreement shalI be effective on November 18, 1993 until November 18,2018.
2. Termination of Agreement:
City Light may terminate the Agreement at any time by gIving the District wntten notice at least sixty (60) days
pnor to terminatIOn. The District may terminate the Agreement either upon receiving the consent of City Light
or if CIty LIght does not timely elect to participate in capacIty expansion or make payment pursuant to Section
6 of this Agreement.
3. Changes to the Agreement:
Changes m the terms and conditIOns of this Agreement may be made at any time upon the mutual written consent
of both partIes Either party desiring a change shalI give the other party one hundred eighty (180) days' written
notIce. The notIce shall contain the deSIred changes and a full explanation of the reasons for the change. If, at
the end of the one hundred eIghty day period, the parties hereto cannot mutually agree to the proposed changes,
the Agreement shalI remam unchanged.
4. Wheeling Area.
The area to be provided with wheeling services is shown on Exhibit "A" attached hereto and made a part of this
Agreement For descriptive purposes this area shalI be known as Harborcrest Subdivision.
5 Faclllty Costs m Order to Provide Wheeling Service:
In accordance WIth the Wheeling PrinCIples the District has determined that existmg District facilities are capable
of handlmg the additional loads to be imposed by City Light and that the cost to modify or upgrade the necessary
facilitIes is $-0- City Light by signmg this Agreement, agrees to pay to the Distnct the above mentioned
sum wlthm thirty (30) days of invoice by the District upon completion of the modification or upgrade. City Light
also agrees to pay ItS proportionate share of any costs required to upgrade or modify District facilities during the
life of the Agreement should future loading conditions require such upgrade or modification.
6. Insufficient Capacity Due to Load or Customer Growth:
In June of each year excess capacity calculations shalI be made by the DIstrict for all facilities involved in
prOVIding wheelmg servIces usmg the Scott and Scott DP AG software or equivalent. If any facilities have become
overloaded. the District shalI prepare a cost estimate to upgrade the necessary facilities. The cost of the upgrade
shall be spht proportIOnately between City Light and the District based upon each parties load served through the
lme sectIOn or faclllty as prevIOusly determined City Light shall then have mnety (90) days to decide whether
to termmate the wheelmg agreement or pay its share of the costs to upgrade the facilities. Payment of costs by
City Light shall be within thirty (30) days of invoice by the District upon completion of the upgrade.
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7 Wheeling Charges:
City Light shall provIde monthly statements to the District of the metered consumption and total unmetered
consumption of all customers in the areas where wheeling services are being provided. City Light further agrees
that It WIll pay the Dlstnct for all metered and unmetered consumption based on 110% of the Districts average
system cost. Compensation as calculated above shall be billed monthly and be due and payable within twenty (20)
days of receipt of invoice.
8. Hold Harmless:
City LIght agrees, upon completion of the interconnection of City Light and District facilities, to indemnify,
defend, and hold harmless the District and its officials, employees, and agents, from and against any and all
claIms for damages or any other relief due to property damages, personal injury, or any other form of loss arising
from accidents or injunes occurrIng after the date wheeling of power commences.
The Dlstnct agrees, upon completIOn of the interconnection of City Light and District facilities, to indemlllfy,
defend, and hold harmless CIty Light and its officials, employees, and agents, from and against any and all
claIms for damages or any other relIef due to property damages, personal injury, or any other form of loss arising
from accIdents or Injuries occurring after the date wheeling of power commences.
9. Authonty
Each party warrants that the underSIgned representative has full and complete legal authority to sign for it and
to commIt it to the performance of the agreements set forth herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly signed and executed In two
counterparts as of the day and year first above written.
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M' ael McInn , Manager
PUBLIC UTILITY DISTRICT
NO. I OF CLALLAM COUNTY
ATTEST:
JS(f' \e.~. j Fl"'----
Port Angele Ity. lerk
~or
PORT ANGELES CITY LIGHT
A ITEST.
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