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