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HomeMy WebLinkAbout5.307 Original Contract ~ ~' . '. t ',J~" :\........ >., \\~ t '~, t <~':~ '," __ 1 '",,'," , ,""j. " , ",:'" ~', r :,< ~ , ' , ".',' :1. >;,' \ " {' , "., . \;\\"" ,f , ;'.' >',', " , " """ "" . r 1 '; ~' <..,,':', ~~.:' ( ., ' ''I, ,~; ,'-~ " ,.,.' ^ ,,~ ' ' ~: '~. ',' , , ,'''. ~\ ' ,,~, - -~ ", J . " I",", . , ,," " , , /, I ^. , " " :.;\~ ;- ,,' ." " '. ' " , 1_; '... '" , '.. , , ; ~ \ " > ' , FORT ANGELES WAS H I N G TON, U. S. A. Public Works & UtIlitIes Department February 4, 2008 " . , ' Ms. Shannon K. Greene Bonneville Power Administration 909 First Avenue, Suite 380 Seattle, W A 98104-3636 Dear Shannon, Enclosed is an originally signed Revision No. 11 to Exhibit H of the Billing Credit Customer System Efficiency Improvement Conservation Agreement, Contract No. DE- MS79~91BP93489. Sincerely, or~ Larry Dunbar Power Resources Manager , .' Enclosure Cc Becky Upton, City Clerk ,f ... _ ,,' \ ;, > Phone 360-417-4805 / Fax 360-417-4542 ';-, ' Website www cityofpa us / Email. publlcworks@cltyofpa us 321 East Fifth Street - P,O. Box 1150/ Port Angeles, WA 98362-0217 5.~07 Department of Energy o ~~~ov~ JAN 2 3 2008 /J Bonneville Power Administration Seattle Customer Service Center 909 First Avenue, Suite 380 Seattle, Washington 98104-3636 POWER S January 22,2008 In reply refer to: PSW-Seattle Mr. Scott McLain Deputy Director of Power Systems The City of Port Angeles P. O. Box 1150 Port Angeles, W A 98362-0217 Dear Scott: Enclosed for your consideration are two signed originals of Revision No. 11 to Exhibit H of the Billing Credit Customer System Efficiency Improvement Conservation Agreement, No. DE-MS79-91BP93489 (Billing Credits Contract) between the City of Port Angeles and the Bonneville Power Administration. Revision No. 11 updates the Program Priority Firm Rate as defined in the Billing Credits Contract, and is based on the final NT -08 transmission rate and the PF-07 power rates. The power rates are unchanged from Revision No. 10. I have included the detailed calculation worksheet to show how we applied the various PF and NT rates to arrive at the Program Priority Firm Rate. Please call me at (206) 220-6775 if you have questions concerning these calculations. If you find the revised Exhibit H acceptable, please sign and date both originals, return one original to me no later than February 8, 2008, and retain the other for your records. Sincerely, :Jj~'tUYlr;)/) 4:Awk0 Shannon K. Greene Account Executive Enclosures (2) v' Revision No. 11 Exhibit H, Page 1 of 3 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective at 0001 Hours on October 1,2007 Calculation of Prioritv Firm Rate The Program Priority Firm Rate (PF) in mills per kWh used in the determination of the Billing Credit paid to the Customer is calculated pursuant to this Exhibit. This Exhibit shall be revised when Exhibit A is replaced pursuant to section 4 of this Agreement, using the applicable revised rates. The effective date of this revised Exhibit H shall be the effective date of the new rates. The capacity and energy amounts and the annual load shape used to calculate the initial Exhibit H shall be used for the contract term to calculate PF. 1. Procedure to Calculate the PF The PF is determined by using the current applicable priority firm power rate for capacity and energy in Exhibit A as follows: a. Use the capacity (kW) and energy (kWh) amounts specified in section 2 below. b. Multiply for each month of the Operating Year the kW and kWh amounts below by the applicable rate for the month. c. Add columns (h), (k) and (1), add those totals, reduce totals by low density discount, and divide by column (c). , , ,~ ACCEPTED: CITY OF PORT ANGELES By Name .M--~~ , G ~ 1'\.;\ A. C l.r',c.Ei(' (PrintfType) Title '-D r/l.a.(l)--~ 17v \31.-;<- LJ o61lcJ "'Z (Prmt/Type)' V)J '-' , "118 Date J.Avv --' An r 2.-~;, 2..00 S Revision No. 11 Exhibit H, Page 3 of 3 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective at 0001 Hours on October 1, 2007 UNITED STATES OF AMERICA Department of Energy Bonneville Power Administration By ~JJJ;f~~ .~ 7" Account Executive Name Shannon K. Greene Date 1/ ?,;z /08 I ( (PSW/SeatUe S IPMICUST_SKGlPORT ANGELES I Bllhng Credl18_199CConservatlOn I ExhH_Rev# 11 IPA_93489_20080122_ExH Rev#lCFmal doc) 01122/2008 Demand PF NT NT ACS Total Demand Base Shaping Sched. Total kW kW $IkW $IkW $IkW $IkW $IkW $ Oct 120 1.94 1.298 0.367 0.203 $3.808 $ 457 Nov 130 2.08 1.298 0.367 0.203 $3.948 $ 513 Dec 130 2.18 1.298 0.367 0.203 $4.048 $ 526 Jan 130 1.85 1.298 0.367 0.203 $3.718 $ 483 Feb 150 1.88 1.298 0.367 0.203 $3.748 $ 562 Mar 130 1.75 1.298 0.367 0.203 $3.618 $ 470 Apr 120 1.64 1.298 0.367 0.203 $3.508 $ 421 May 110 1.36 1.298 0.367 0.203 $3.228 $ 355 Jun 110 1.25 1.298 0.367 0.203 $3.118 $ 343 Jul 100 1.53 1.298 0.367 0.203 $3.398 $ 340 Aug 110 1.79 1.298 0.367 0.203 $3.658 $ 402 Sep 110 1.85 1.298 0.367 0.203 $3.718 $ 409 ,. Energy Energy PF PF PF ACS ACS and Energy Energy Load Reg & Op HLH LLH Demand Total HLH HLH LLH HLH LLH Variance Freq Reserve Total Total HLH LLH Total kWh % kWh kWh $IkWh $IkWh $IkWh $IkWh $IkWh $IkWh $IkWh $ $ $ 82,000 57.8% 47,396 34,604 $ 0.02970 $ 0.02176 $0.00047 0.00033 0.00041 $0.03091 $0.02297 $ 1,465 $ 795 $ 2,717 83,700 59.0% 49,383 34,317 $ 0.03168 $ 0.02310 $ 0.00047 0.00033 0.00041 $0.03289 $0.02431 $ 1,624 $ 834 $ 2,971 92,500 56.8% 52,540 39,960 $ 0.03306 $ 0.02426 $0.00047 0.00033 0.00041 $0.03427 $0.02547 $ 1,801 $1,018 $ 3,345 92,500 59.0% 54,575 37,925 $ 0.02807 $ 0.02030 $0.00047 0.00033 0.00041 $0.02928 $0.02151 $ 1,598 $ 816 $ 2,897 90,800 56.6% 51,393 39,407 $ 0.02866 $ 0.02050 $0.00047 0.00033 0.00041 $0.02987 $0.02171 $ 1,535 $ 856 $ 2,953 92,500 55.7% 51,523 40,977 $ 0.02659 $ 0.01949 $ 0.00047 0.00033 0.00041 $0.02780 $0.02070 $ 1,432 $ 848 $ 2,750 80,200 55.1% 44,190 36,010 $ 0.02495 $ 0.01793 $ 0.00047 0.00033 0.00041 $0.02616 $0.01914 $ 1,156 $ 689 $ 2,266 78,500 57.2% 44,902 33,598 $ 0.02084 $ 0.01441 $0.00047 0.00033 0.00041 $0.02205 $0.01562 $ 990 $ 525 $ 1,870 73,200 57.6% 42,163 31,037 $ 0.01887 $ 0.01002 $ 0.00047 0.00033 0.00041 $0.02008 $0.01123 $ 847 $ 349 $ 1,539 71,500 56.7% 40,541 30,959 $ 0.02324 $ 0.01701 $0.00047 0.00033 0.00041 $0.02445 $0.01822 $ 991 $ 564 $ 1,895 75,000 57.9% 43,425 31,575 $ 0.02721 $ 0.02018 $0.00047 0.00033 0.00041 $0.02842 $0.02139 $ 1,234 $ 675 $ 2,311 73,200 56.7% 41,504 31,696 $ 0.02809 $ 0.02254 $ 0.00047 0.00033 0.00043 $0.02932 $0.02377 $ 1,217 $ 753 $ 2,379 $5,281 985,600 563,535 422,065 $ 15,890 $8,722 $ 29,893 l$lkwh = $0.03033 I K L M A B G H C D S:Files/Port Angeles/PABCO_20020306_ExhibitH Revll Cales.xls Updated 1/16/2008 E F I J S:\PM\CUST_SKG\PORT ANGELES\BilIing Credits_1991_Conservation\ExhH_Rev#II\PA_91489_20080116_Exh H Rev#II_Calculations.xls(Exhibit H Details 2008) 1/18/20084:47 PM .~ \ DATE: To: FROM: SUBJECT: FORTANGELES WAS H I N G TON, U. S. A. CITY COUNCIL :MEMO July 16, 2002 MAYOR WIGGINS AND CITY COUNCIL Glenn A. Cutler, DIrector of Public Works and Utilities Bonneville Power Administration (BP A) Billing Credits Agreement and Transmission Contract Revisions SummarY: The City needs to revise several provisions in our Transmission Contract and Billing Credits Agreement with the BP A. These revisions do not represent substantial changes, but are routine housekeeping changes to bring the contract and agreement up to date with the latest power prices and Federal Energy Regulatory Commission (FERC) requirements. Recommendation: Authorize the Director of Public Works and Utilities to sign the revisions to the BP A Billing Credits Agreement and Transmission Contract and !autholize'ifuture ii'eVisiC'Jri'~t.o"1Exhibit:.Ht&f;:the",BiIlin .c€redi15~:t ','. '''.''''ement:-- Backl:round I Analvsis: The City needs to revise exhibits to both the Billing Credits Agreement and Transmission Contract with the Bonneville Power Administration. The Billing Credits Agreement covers payments from BP A to the City for improvements the City made to the electrical distribution system in the conversion from 4 KV to 12 KV. These payments vary based on the price of Priority Firm (PF) power from BP A. The implementation of the Cost Recovery Adjustment Clause (CRAC) each six months during this rate period changes the amount of the payment from BPA as reflected in Exhibit H of the Billing Credits Agreement. As the PF power rate from BP A will be changing every six months due to changes in the Load Based (LB) CRAC, Financial Based (FB) CRAC, and Safety Net (SN) CRAC, it is also recommended that approval be granted for signing changes to this exhibit throughout the agreement period, which ends in 2022. The changes to the exhibits for the transmission contract are required due to changes in FERC orders for open access on high voltage transmission lines and subsequent changes to BPA's Open Access Transmission Tariff. These changes require all utilities to schedule power transmission over the Open Access Same-time Information System (OASIS), along with designating the entity that provides various scheduling and ancillary services. The Utility Advisory Committee reviewed and supported the above recommendation at their July 9,2002 meeting. N.\CCOUNCIL\CC2002\CC0716\BPA Agreement & Contract ReVlsions.wpd (, 5.307 ; . < " Revision No.8 Exhibit H, Page 1 of 3 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective at 0001 Hours on October 1, 2004 Calculation of Priority Firm Rate The Program Priority Firm Rate (PF) in mills per kWh used in the determination of the Billing Credit paid to the Customer is calculated pursuant to this Exhibit. This Exhibit shall be revised when Exhibit A is replaced pursuant to section 4 of this Agreement, using the applicable revised rates. The effective date of this revised Exhibit H shall be the effective date of the new rates. The capacity and energy amounts and the annual load shape used to calculate the initial Exhibit H shall be used for the contract term to calculate PF. 1. Procedure to Calculate the PF. The PF is determined by using the current applicable priority firm power rate for capacity and energy in Exhibit A as follows: a. Use the capacity (kW) and energy (kWh) amounts specified in section 2 below. b. Multiply for each month ofthe Operating Year the kW and kWh amounts below by the applicable rate for the month. c. Add columns (h), (k) and (1), add those totals, reduce totals by low density discount, and divide by column (c). Revision No.8 Exhibit H, Page 2 of 3 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective at 0001 Hours on October 1, 2004 2. Calculation of PF for use in Exhibit F. Month Demand Total HLH HLH LLH kW Rate kW HLH LLH HLH LLH Total kW kWh % kWh kWh $IkW Dollars $IkWh $IkWh kWh $ kWh $ Dollars (C*D) (C-E) (B*G) (E*I) (F*J) (H+K+L) A B C D E F G H I J K L M Oct 120 82,000 57.8 47,396 34,604 $3.985 $ 478 $0.02340 $0.01741 $ 1,109 $ 603 $ 2,190 Nov 130 83,700 59.0 49,383 34,317 $4.715 $ 613 $0.03101 $0.02532 $ 1,532 $ 869 $ 3,014 Dee 130 92,500 56.8 52,540 39,960 $4.715 $ 613 $0.03188 $0.02486 $ 1,675 $ 994 $ 3,282 Jan 130 92,500 59.0 54,575 37,925 $4.516 $ 587 $0.02852 $0.02057 $ 1,556 $ 780 $ 2,923 Feb 150 90,800 56.6 51,393 39,407 $4.343 $ 651 $0.02647 $0.01925 $ 1,360 $ 758 $ 2,769 Mar 130 92,500 55.7 51,523 40,977 $4.057 $ 527 $0.02415 $0.01696 $ 1,244 $ 695 $ 2,466 Apr 120 80,200 55.1 44,190 36,010 $3.627 $ 435 $0.01987 $0.01390 $ 878 $ 501 $ 1,814 May 110 78,500 57.2 44,902 33,598 $3.605 $ 397 $0.01980 $0.01175 $ 889 $ 395 $ 1,681 Jun 110 73,200 57.6 42,163 31,037 $4.098 $ 451 $0.02435 $0.01388 $ 1,027 $ 431 $ 1,909 Jul 100 71,500 56.7 40,541 30,959 $4.817 $ 482 $0.03144 $0.02194 $ 1,275 $ 679 $ 2,436 Aug 110 75,000 57.9 43,425 31,575 $4.817 $ 530 $0.04567 $0.02638 $ 1,983 $ 833 $ 3,346 Sep 110 73,200 56.7 41,504 31,696 $4.817 $ 530 $0.03324 $0.02755 $ 1,379 $ 873 $ 2,782 985,600 $ 6,294 $15,907 $ 8,411 $ 30,612 The Average Annual PF = Total Power($) + Total Transmission($) = $30,612 Divided by Total Energy (985,600) = $0.03106IkWh Notes: Calculation includes all Products and Services which were included in PF-91. Demand kWh plus total kWh taken from Revision No.7 of Exhibit H, HLH percent = FY 2003 HLH percent. Priority Firm Power Rate (PF -02) 21.66% LB CRAC October 2004 - March 2005; 25.77% LB CRAC April- September 2005; 11.16% FB/SN CRAC's October 2004- September 2005. Low Density Discount = 0 percent. Network Integration Transmission Rate (NT-04) No Reserve Power or Capacity charges. Billing factors for Transmission Load Shaping Charge and Base Charge are the same. Ancillary Products and Services: No Energy Imbalance, Spinning and Supplemental Reserves requirement = 2.6 percent. _e Revision No.8 Exhibit H, Page 3 of 3 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective at 0001 Hours on October 1, 2004 ~,~ UNITED STATES OF AMERICA Department of Energy Bonneville Power Administration ~~{ ~/l Account Executive CITY OF PORT ANGELES By Name Date By (}, Ie " /) A. (J f.; -rJe-IL- (P"~:2~r:~~ Name Charles W. Forman, Jr. (PnntfType) Date ~-^1- ~.) :Loo S- October 2004-September 2005 rates PF02 5-vear Final Rates with CRAC Flat LB FB SN Combined Energy-HLH Energy-LLH Load Variance Demand $/Mwh Month CRAC CRAC CRAC CRAC $/Kwh $Kwh $/K wh $/kW -mo W/O Ld v Oct 745 0.2166 O. 111 600 - 0.3282 0.02161 0.01562 0.001061 2.34 3.16 Oct Nov 720 0.2166 O. 111600 - 0.3282 0.02922 0.02352 0.00106 3.07 4.29 Nov Dee 744 0.2166 O. 111600 - 0.3282 0.03008 0.02307 0.00106 3.07 4.15 3.86 Dee Jan 744 0.2166 0.111600 - 0.3282 0.02672 0.01878 0.00106 2.87 3.88 Jan Feb 672 0.2166 0.111600 - 0.3282 0.02468 0.01745 0.00106 2.70 4.03 Feb Mar 744 0.2166 O. 111 600 - 0.3282 0.02235 0.01517 0.00106 2.41 3.26 3.71 Mar Apr 719 0.2577 0.111600 - 0.3693 0.01805 0.01208 0.00110 1.98 2.77 Apr May 744 0.2577 0.111600 - 0.3693 0.01798 0.00993 0.00110 1.96 2.65 May Jun 720 0.2577 0.111600 - 0.3693 0.02252 0.01205 0.00110 2.45 3.42 2.94 Jun Jul 744 0.2577 0.111600 - 0.3693 0.02962 0.02012 0.00110 3.17 4.29 Jul Aug 744 0.2577 0.111600 - 0.3693 0.04384 0.02455 0.0011 0 3.17 4.30 Aug Sep 720 0.2577 0.111600 - 0.3693 0.03141 0.02573 0.00110 3.17 4.43 4.34 Sep 0.3488 I 3.72 Demand PF NT NT ACS Total Demand Base Shaping Sehed. Total kW kW $/kW $/kW $/kW $/kW $/kW $ Oct 120 2.34 1.013 0.404 0.230 $3.985 $ 478 Nov 130 3.07 1.013 0.404 0.230 $4.715 $ 613 Dee 130 3.07 1.013 0.404 0.230 $4.715 $ 613 Jan 130 2.87 1.013 0.404 0.230 $4.516 $ 587 Feb 150 2.70 1.013 0.404 0.230 $4.343 $ 651 Mar 130 2.41 1.013 0.404 0.230 $4.057 $ 527 Apr 120 1.98 1.013 0.404 0.230 $3.627 $ 435 May 110 1.96 1.013 0.404 0.230 $3.605 $ 397 Jun 110 2.45 1.013 0.404 0.230 $4.098 $ 451 Jul 100 3.17 1.013 0.404 0.230 $4.817 $ 482 Aug 110 3.17 1.013 0.404 0.230 $4.817 $ 530 Sep 110 3.17 1.013 0.404 0.230 $4.817 $ 530 $6,294 A B G H " Energy Energy PF PF PF ACS ACS and Energy Energy Load Reg & Op HLH LLH Demand Total HLH HLH LLH HLH LLH Variance Freq Reserve Total Total HLH LLH Total kWh % kWh kWh $/kWh $/kWh $/kWh $/kWh $/kWh $/kWh $/kWh $ $ $ 82,000 57.8% 47,396 34,604 $0.02161 $ 0.01562 $ 0.00106 0.00030 0.00043 $0.02340 $0.01741 $ 1,109 $ 603 $ 2,190 83,700 59.0% 49,383 . 34,317 $0.02922 $ 0.02352 $ 0.00106 0.00030 0.00043 $0.03101 $0.02532 $ 1,532 $ 869 $ 3,014 92,500 56.8% 52,540 39,960 $0.03008 $ 0.02307 $ 0.00106 0.00030 0.00043 $0.03188 $0.02486 $ 1,675 $ 994 $ 3,282 92,500 59.0% 54,575 37,925 $0.02672 $ 0.01878 $ 0.00106 0.00030 0.00043 $0.02852 $0.02057 $ 1,556 $ 780 $ 2,923 90.800 56.6% 51,393 39,407 $0.02468 $ 0.01745 $ 0.00106 0.00030 0.00043 $0.02647 $0.01925 $ 1,360 $ 758 $ 2,769 92,500 55.7% 51,523 40,977 $0.02235 $ 0.01517 $ 0.00106 0.00030 0.00043 $0.02415 $0.01696 $ 1,244 $ 695 $ 2,466 80,200 55.1% 44,190 36,010 $0.01805 $ 0.01208 $ 0.00110 0.00030 0.00043 $0.01987 $0.01390 $ 878 $ 501 $ 1,814 78,500 57.2% 44,902 33,598 $0.01798 $ 0.00993 $ 0.00110 0.00030 0.00043 $0.01980 $0.01175 $ 889 $ 395 $ 1,681 73,200 57.6% 42,163 31,037 $0.02252 $ 0.01205 $ 0.00110 0.00030 0.00043 $0.02435 $0.01388 $ 1,027 $ 431 $ 1,909 71,500 56.7% 40,541 30,959 $0.02962 $ 0.02012 $ 0.00110 0.00030 0.00043 $0.03144 $0.02194 $ 1,275 $ 679 $ 2,436 75,000 57.9% 43,425 31,575 $0.04384 $ 0.02455 $ 0.00110 0.00030 0.00043 $0.04567 $0.02638 $ 1,983 $ 833 $ 3,346 73,200 56.7% 41,504 31,696 $0.03141 $ 0.02573 $ 0.00110 0.00030 0.00043 $0.03324 $0.02755 $ 1,379 $ 873 $ 2,782 985,600 $ 15,907 $8,411 $ 30,612 I$/kwh = $0.031061 K L M 563,535 422,065 c I J D E F .. ~~- .it_ 5.3D1 ReVISIOn No.7 ExhIbIt H, Page 1 of 4 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The CIty of Port Angeles EffectIve at 0001 Hours on October 1, 2003 Calculation of PriorIty FIrm Rate The Program Priority Firm Rate (PF) in mills per kWh used in the deter~ination of the Billing Credit paId to the Customer is calculated pursuant to this Exhibit. This Exhibit shall be revIsed when Exhibit A is replaced pursuant to section 4 of this Agreement, using the applicable revised rates. The effective date of thIS revIsed Exhibit H shall be the effective date of the new rates. The capacity and energy amounts and the annual load shape used to calculate the initial Exhibit H shall be used for the contract term to calculate PF. 1. Procedure to Calculate the PF. The PF is determined by using the current applicable priorIty firm power rate for capacity and energy in Exhibit A as follows: a. Use the capacIty (kW) and energy (kWh) amounts specified in section 2 below. b. Multiply for each month ofthe Operatmg Year the kW and kWh amounts below by the applicable rate for the month. c. Add columns (h), (k) and (1), add those totals, reduce totals by low density discount, and dIvide by column (c). RevIsion No.7 ExhibIt H, Page 2 of 4 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The CIty of Port Angeles EffectIve at 0001 Hours on October 1, 2003 2. CalculatIOn of PF for use in ExhibIt F. Month Demand Total HLH HLH LLH kW Rate kW HLH LLH HLH LLH Total kW kWh % kWh kWh $/kW Dollars $/kWh $/kWh kWh $ kWh $ Dollars (C*D) (C-E) (B*G) (E*I) (F*J) (H+K+L) A B C D E F G H I J K L M Oet 120 82,000 57.8 47,396 34,604 $4.216 $ 506 $0.02526 $0.01878 $ 1,197 $ 650 $ 2,353 Nov 130 83,700 59.0 49,383 34,317 $5.006 $ 651 $0.03349 $0.02733 $ 1,654 $ 938 $ 3,243 Dee 130 92,500 56.8 52,540 39,960 $5.006 $ 651 $0.03443 $0.02685 $ 1,809 $ 1,073 $ 3,533 Jan 130 92,500 59.0 54,575 37,925 $4.786 $ 622 $0.03079 $0.02220 $ 1,680 $ 842 $ 3,144 Feb 150 90,800 56.6 51,393 39,407 $4.606 $ 691 $0.02859 $0.02077 $ 1,469 $ 818 $ 2,978 Mar 130 92,500 55.7 51,523 40,977 $4.296 $ 558 $0.02606 $0.01829 $ 1,342 $ 749 $ 2,649 Apr 120 80,200 55.1 44,190 36,010 $3.816 $ 458 $0.02130 $0.01488 $ 941 $ 536 $ 1,935 May 110 78,500 57.2 44,902 33,598 $3.786 $ 416 $0.02122 $0.01258 $ 953 $ 423 $ 1,792 Jun 110 73,200 57.6 42,163 31,037 $4.316 $ 475 $0.02610 $0.01486 $ 1,100 $ 461 $ 2,036 Jul 100 71,500 56.7 40,541 30,959 $5.086 $ 509 $0.03372 $0.02352 $ 1,367 $ 728 $ 2,604 Aug 110 75,000 57.9 43,425 31,575 $5.086 $ 559 $0.04899 $0.02828 $ 2,127 $ 893 $ 3,579 Sep 110 73,200 56.7 41,504 31,696 $5.086 $ 559 $0.03564 $0.02954 $ 1,479 $ 936 $ 2,974 985,600 $ 6,655 $17,118 $ 9,047 $ 32,820 The Average Annual PF = Total Power($) + Total TransmIssIOn($) = $32,820 DIvided by Total Energy (985,600) = $0.03330/kWh . Notes: CalculatIOn mcludes all Products and SerVIces whIch were mcluded in PF-91. Demand kWh plus total kWh taken from RevIsion No.6 of ExhIbIt H, HLH percent = FY 2003 HLH percent. Pnonty Fum Power Rate (PF-02) 21.29% LB CRAC October 2003 - March 2004; 24.63% LB CRAC Apnl- September 2004; 22.37% FB/SN CRAC's October 2003- September 2004. Low DenSIty DIscount = 0 percent. Network IntegratIOn TransmIsSIOn Rate (NT-04) No Reserve Power or CapacIty charges. BIllmg factors for TransmISSIOn Load Shapmg Charge and Base Charge are the same. AnCIllary Products and SerVIces: No Energy Imbalance, Spinning and Supplemental Reserves requirement = 2.6 percent. Demand ACS-04 PF NT-04 NT-04 SCD & GSR Total Demand Base Shapmg NTF Total kW kW $/kW $/kW $/kW $/kW $/kW $ Oct 120 253 1028 0425 0233 $4216 $ 506 Nov 130 332 1028 0425 0233 $5 006 $ 651 Dee 130 332 1028 0425 0233 $5 006 $ 651 Jan 130 3 10 1028 0425 0233 $4 786 $ 622 Feb 150 292 1028 0425 0233 $4 606 $ 691 Mar 130 261 1028 0425 0233 $4 296 $ 558 Apr 120 2 13 1028 0425 0233 $3816 $ 458 May 110 2 10 1028 0425 0233 $3 786 $ 416 Jun 110 263 1028 0425 0233 $4316 $ 475 Jul 100 340 1028 0425 0233 $5 086 $ 509 Aug 110 340 1028 0425 0233 $5 086 $ 559 Sep 110 340 1028 0425 0233 $5 086 $ 559 $ 6,655 A B G H H FIies/Excel/P ABCO _20020306_ ExhlbltH Rev7 Cales xis Updated 1/05/2004 Revision No.7 ExhibIt H, Page 3 of 4 Contract No. DE-MS79-91BP93489 Procurement No. 76371 ".... The City of Port Angeles Effective at 0001 Hours on October 1, 2003 Energy Energy Pi' ACS-04 ACS-04 and PF Energy Energy PF Load Reg & Spm & Supp HLH LLH Demand Total HLH HLH LLH HLH LLH Vanance Freg Reg Total Total HLH LLH Total kWh % kWh kWh $/kWh $/kWh $/kWh $/kWh $/kWh $/kWh $/kWh $ $ $ 82,000 578% 47,396 34,604 $ 002337 001689 000115 o 00030 o 00044 $0 02526 $001878 $ 1,197 $ 650 $ 2,353 83,700 590% 49,383 34,317 $003160 o 02544 000115 o 00030 o 00044 $003349 $002733 $ 1,654 $ 938 $ 3,243 92,500 568% 52,540 39,960 $ 0 03254 o 02496 000115 o 00030 o 00044 $003443 $0 02685 $ 1,809 $ 1,073 $ 3,533 92,500 590% 54,575 37,925 $ 002890 o 0203 1 000115 000030 o 00044 $0 03079 $0 02220 $ 1,680 $ 842 $ 3,144 90,800 566% 51,393 39,407 $ 0 02670 001888 000115 o 00030 o 00044 $0 02859 $0 02077 $ 1,469 $ 818 $ 2,978 92,500 557% 51,523 40,977 $ 0 02417 001640 000115 o 00030 o 00044 $0 02606 $001829 $ 1,342 $ 749 $ 2,649 80,200 551% 44,190 36,010 $001938 001296 000118 o 00030 o 00044 $0 02130 $001488 $ 941 $ 536 $ 1,935 78,500 572% 44,902 33,598 $ 0 01930 o 01066 000118 o 00030 o 00044 $002122 $001258 $ 953 $ 423 $ 1,792 73,200 576% 42,163 31,037 $ 0 02418 001294 000118 o 00030 o 00044 $002610 $001486 $ 1,100 $ 461 $ 2,036 71,500 567% 40,541 30,959 $ 0 03180 002160 000118 o 00030 o 00044 $003372 $002352 $ 1,367 $ 728 $ 2,604 75,000 579% 43,425 31,575 $ 004707 o 02636 000118 o 00030 o 00044 $0 04899 $002828 $ 2,127 $ 893 $ 3,579 73,200 567% 41,504 31,696 $ 0 03372 o 02762 000118 o 00030 o 00044 $0 03564 $002954 $ 1,479 $ 936 $ 2,974 985,600 563,535 422,065 $17,118 $9,047 $ 32,820 I$/kwh = $ 0 03330 I K L M C D E F J 1 .-- .. \. By CITY OF PORT ANGELES ~.~ L)1Q.~T'Oa. of ?u8L,1(.. c..JDR.K~ ,.. cA.T/I_i7/GS Name 6L€~~ A. Cu.,.LEft. (Prmt/Type) Date ..:l I .;). /0 f , ReVISIOn No.7 ExhIbIt H, Page 4 of 4 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The CIty of Port Angeles EffectIve at 0001 Hours on October 1, 2003 UNITED STATES OF AMERICA Department of Energy Bonneville Power Administration By eIl-J 9;=~? Account Executive Name Charles W. Forman, Jr. (Prmt/Type) Date ~ J..~ Zeit! lj' . 4 S.3D7 Revision No.6 Exhibit H. Page 1 of 4 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective at 0001 hours on October 1, 2001 Calculation of Priority Firm Rate The Program Priority Firm Rate (PF) in mills per kWh used in the determination of the Billing CredIt paid to the Customer is calculated pursuant to this Exhibit. This Exhibit shall be revised when Exhibit A is replaced pursuant to section 4 of this Agreement, usmg the applicable revised rates. The effective date of this revised Exhibit H shall be the effective date of the new rates. The capacity and energy amounts and the annual load shape used to calculate the initial Exhibit H shall be used for the contract term to calculate PF. 1. Procedure to Calculate the PF. The PF IS determined by using the current applicable priority firm power rate for capacIty and energy m ExhIbit A as follows: a. Use the capacity (kW) and energy (kWh) amounts specified in sectIon 2 below. b. MultIply for each month of the Operating Year the kW and kWh amounts below by the applicable rate for the month. c. Add columns (h), (k) and (1), add those totals, reduce totals by low density dIscount, and divide by column (c). Revision No.6 Exhibit H. Page 2 of 4 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective at 0001 hours on October 1, 2001 2. Calculation of PF for use in Exhibit F. Month Demand Total HLH HLH LLH kW Rate kW HLH LLH HLH LLH Total kW kWh % kWh kWh $IkW Dollars $IkWh $IkWh kWh $ kWh $ Dollars (C*D) (C-E) (B*G) (E*I) (F*J) (H+K+L) A B C D E F G H I J K L M Oct 120 82,000 57.8 47,396 34,604 $4.221 $ 506 $0.02569 $0.01910 $ 1,218 $ 661 $ 2,385 Nov 130 83,700 59.0 49,383 34,317 $5.025 $ 653 $0.03407 $0.02780 $ 1,682 $ 954 $ 3,289 Dee 130 92,500 56.8 52,540 39,960 $5.025 $ 653 $0.03502 $0.02730 $ 1,840 $ 1,091 $ 3,584 Jan 130 92,500 59.0 54,575 37,925 $4.805 $ 625 $0.03132 $0.02258 $ 1,709 $ 856 $ 3,190 Feb 150 90,800 56.6 51,393 39,407 $4.615 $ 692 $0.02907 $0.02111 $ 1,494 $ 832 $ 3,018 Mar 130 92,500 55.7 51,523 40,977 $4.308 $ 560 $0.02651 $0.01860 $ 1,366 $ 762 $ 2,688 Apr 120 80,200 55.1 44,190 36,010 $3.664 $ 440 $0.02017 $0.01411 $ 891 $ 508 $ 1,839 May 110 78,500 57.2 44,902 33,598 $3.636 $ 400 $0.02010 $0.01192 $ 903 $ 400 $ 1,703 Jun 110 73,200 57.6 42,163 31,037 $4.137 $ 455 $0.02472 $0.01408 $ 1,042 $ 437 $ 1,934 Jul 100 71,500 56.7 40,541 30,959 $4.860 $ 486 $0.03192 $0.02227 $ 1,294 $ 689 $ 2,469 Aug 110 75,000 57.9 43,425 31,575 $4.860 $ 535 $0.04637 $0.02678 $ 2,014 $ 846 $ 3,395 Sep 110 73,200 56.7 41,504 31,696 $4.860 $ 535 $0.03374 $0.02797 $ 1,400 $ 887 $ 2,822 985,60 $ 0 $ 6,540 16,853 $ 8,923 $ 32,316 The Average Annual PF=Total Power $ + Total Transmission $=$32,316 Divided by Total Energy 985,000 = $O.0328/kWh Notes: Calculation includes all Products and Services, which were included in PF-91 Demand kWh plus total kWh taken from Revision No.5 of Exhibit H, HLH percent = FY2001 HLH percents Priority Firm Power Rate (PF-02) 46.225% LB CRAC October-March, 39 08% LB CRAC April-September Low Density Discount = 0 percent Network Integration Transmission Rate (NT-02): No Reserve Power or Capacity charges Billing factors for Transmission Load Shaping Charge and Base Charge are the same Ancillary Products and Services: No Energy Imbalance, Spinning and Supplemental Reserves requirement = 2.6 percent " - . RevIsion No.6 ExhibIt H. Page 3 of 4 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective at 0001 hours on October 1, 2001 Detail Calculation ENERGY PF PF PF ACS ACS Energy Energy Load Reg & Gp. HLH LLH Total HLH HLH LLH HLH LLH Vanance Freq Reserve Total Total HLH LLH kWh % kWh kWh $/k Wh $/k Wh $/k Wh $/k Wh $/k Wh $/kWh $/k Wh $ $ 10 82,000 578% 47,396 34,604 o 02379 001720 000117 o 00030 o 00043 $0 02569 $0 01910 $1,218 $661 11 83,700 590% 49,383 34,317 003217 o 02590 000117 o 00030 o 00043 $0 03407 $0 02780 $1,682 $954 12 92,500 568% 52,540 39,960 003312 o 02540 000117 o 00030 o 00043 $0 03502 $0 02730 $1,840 $1,091 1 92,500 590% 54,575 37,925 o 02942 o 02068 000117 0.00030 o 00043 $003132 $0 02258 $1,709 $856 2 90,800 566% 51,393 39,407 002717 001921 000117 0.00030 o 00043 $0 02907 $002111 $1,494 $832 3 92,500 557% 51,523 40,977 o 02461 o 01670 000117 o 00030 o 00043 $0 02651 $001860 $1,366 $762 4 80,200 551% 44,190 36,010 001833 001227 000111 o 00030 o 00043 $002017 $001411 $891 $508 5 78,500 572% 44,902 33,598 001826 001008 000111 o 00030 o 00043 $002010 $0 01192 $903 $400 6 73,200 576% 42,163 31,037 o 02288 001224 000111 o 00030 o 00043 $0 02472 $001408 $1,042 $437 7 71,500 567% 40,541 30,959 o 03008 o 02043 000111 000030 o 00043 $003192 $0 02227 $1,294 $689 8 75,000 579% 43,425 31,575 o 04453 o 02494 000111 o 00030 o 00043 $004637 $0 02678 $2,014 $846 9 73,200 567% 41,504 31,696 003190 o 02613 000111 o 00030 o 00043 $003374 $0 02797 $1,400 $887 985,600 563,535 422,065 $16,853 $8,923 A C D E F I J K L DEMAND TOTAL PF NT NT ACS Total K+L+H Demand Base Shapmg Sched Total kW Total kW $/kW $/kW $/kW $/kW $/kW $ $ 10 120 2574 1013 0404 0230 $4 221 $506 $2,385 11 130 3378 1013 0404 0230 $5 025 $653 $3,289 12 130 3378 1013 0404 0230 $5 025 $653 $3,584 1 130 3.158 1013 0404 0230 $4 805 $625 $3,190 2 150 2968 1013 0404 0230 $4 615 $692 $3,018 3 130 2661 1013 0404 0230 $4 308 $560 $2,688 4 120 2017 1013 0404 0230 $3 664 $440 $1,839 5 110 1989 1013 0404 0230 $3 636 $400 $1,703 6 110 2490 I 1013 0404 0230 $4 137 $455 $1,934 7 100 3213 1013 0404 0230 $4 860 $486 $2,469 8 110 3213 1013 0404 0230 $4 860 $535 $3,395 9 110 3213 1013 0404 0230 $4 860 $535 $2,822 $6,540 $32,316 A B G H M '. Revision No.6 Exhibit H. Page 4 of 4 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective at 0001 hours on October 1, 2001 CITY OF PORT ANGELES UNITED STATES OF AMERICA Department of Energy BonnevIlle Power AdmInIstratIOn By .~C, ~ Director Of Public Works & Utilities Name Glenn Cutler (PnntfType) By t!d-.J{~~~I Account ExecutI ve Name Chuck Forman (PnntfType) Date 7-22-02 Date ~ / % :J-6 (] ;;2. .I (PBLLAN-PSW-6/Portland-W \Pt Angeles \ Blllmg Credlts\Ex Hrev6\DE-MS79-91BP93490\ doc) 10-1-2001 5.307 Department of Energy Bonneville Power Administration POBox 3621 Portland, Oregon 97208-3621 January 24, 1997 In reply refer to: PSW1700 Mr. Robert Titus Deputy Director of Utility Services City of Port Angeles P.O. Box 1150 Port Angeles, W A 98362 Dear Bob: This is your official notification that your request to commit Conservation Resource Acquisition funds after the September 30, 1997 deadline has been approved. Please note that this only extends the date to make financial obligations for specific projects. The projects will still have to be completed by September 30, 1999. I hope that this additional time to develop projects will help you achieve your energy savings goals. Sincerely, ~~! Charles Forman Account Executive 5.~{)7 Department of Energy Bonneville Power Administration Olympia Customer Service Center 1835 Black Lake Boulevard SW Olympia, Washington 98512 SALES AND CUSTOMER SERVICE Amendatory Agreement No. 1 Contract No. DE-MS79-91BP93489 Procurement No. 76371 August 30, 1996 , Mr. Robert J. Titus Director of City Light City of Port Angeles P.O. Box 1150 Port Angeles, W A 98362-0217 Dear Bob: Subject: Extension of Billing Credits measures installation deadline On September 14, 1992, Bonneville Power Administration (Bonneville) and The City of Port Angeles, Washington (Customer) executed Billing Credit Customer System Efficiency Improvement Conservation Agreement Contract No. DE-MS-79-91-BP93489. On August 29, 1996, the parties agreed to extend the date by which all energy conservation measures (ECM's) are scheduled to be installed to December 31, 1997. The parties agree that in Exhibit E (1) Verification Method (Voltage Upgrade) the Customer shall use the 1996 calculation to compute the Billing Credit until the conversion is complete. If the conversion is complete before the end of calendar year 1997, the Customer will begin using the 1997-2021 calculation to compute the Billing Credit the calendar quarter following the completion of the ECM Conversion. If the Customer finds this Amendatory Agreement satisfactory, please indicate by signing both - copies and returning one copy to Barbara White, the Contracting Officer's Technical " ....- '.. i 2 Representative. Her address is Bonneville Power Administration (MES), 1601 Fifth Avenue, Suite 1000, Seattle, WA 98101-1670. Please keep one signed copy for your files. Sincerely, eiL4-' /l/,~ j Charles W. Forman, Jr. ' Account Executive/Contracting Officer ACCEPTED: CITY OF PORT ANGELES BY.~. Title DIRECTolt Date 9/lefu, - \'.' ., t' o ~ ~.,.... !:: s;3tJl f ... AUTHENT1CATED COPY " .. I "I' ,h ~'" .. . Contract No. DE-MS79~9TBP93489 Procurement No_.1...6.3.ZL~ ,_ 12/11/91 BI LLI NG CREDIT CUSTOMER SYSTEM EFFICIENCY IMPROVEMENT CONSERVATION AGREEMENT executed by the UNITED STATES OF AMERICA DEPARTMENT OF ENERGY acting by and through the BONNEVILLE POWER ADMINISTRATION and THE CITY OF PORT ANGELES. WASHINGTO~ , - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Index to Sections Section Page 1. Term of Agreement ................................................ 2 2 . De fin i t i on s ...................................................... 3 3. Exhi bi ts ......................................................... 5 4. Amendment of Agreement ........................................... 5 5. Enti re Agreement ................................................. 5 6. Interpretation.................................. ~................ 5 7. Duti es of the Customer ........................................... 6 8. Duties of Bonnevi 11e ............................................. 6 9. Determination of Adjusted Alternative Cost .......... ...... ....... 7 10. Amount of Savings ................................................ 7 11. Payment for Billing Credit Resource ..... ................ ......... 7 12. Bonneville Right to Review....................................... 9 13. Customer 's Annua 1 Report ......................................... 9 14. Termination of Agreement ......................................... 10 15. Notices and Other Communications ........................ .... ..... 10 16. Severabi 1 i ty ..................................................... 11 17. Signature Clause................................................. 11 Exhibit A (Wholesale Power Rate Schedules and General Rate Schedule Provisions) .. ............... ........ 5 Exhibit B (Billing Credit Conservation Contract Provisions) . ... ...... 5 Exhibit C (Description of Conservation Programs) . ........ ... .... ..... 5 ExhiPit D (Determination of Adjusted Alternative Cost) . ........ ...... 5 Exhibit E (Verification and Ramp-in) .......... .......... ... ...... .... 5 ,( , , " .. Section ~ Exhibit F (Determination of Billing Credit) . ............... .......... 5 Exhibit G (Cost Share Percentages) ................................... 5 Exhibit H (Calculation of Program Priority Firm Rate) ..... ... ........ 5 Exhibit I (Referenced Documents) ............. ............. ........... 5 - - - - - - - - - - - - - - - - - - - - - This AGREEMENT, executed September l~, 19~, by the UNITED STATES OF AMERICA (Government), Department of Energy, acting by and through the Bonneville Power Administration (Bonneville), and THE CITY OF PORT ANGELES, WASHINGTON (Customer), a municipal corporation organized and existing under the laws of the State of Washington (the Parties); WIT N E SSE T H : WHEREAS Bonneville is authorized by the Pacific Northwest Electric Power Planning and Conservation Act (Northwest Power Act) to provide Billing Credits for conservation activities independently undertaken by a customer, or a political subdivision served by a customer, which results in a reduction in the Customer's net requirements for supply of Firm Power from Bonneville; and WHEREAS the Customer and Bonneville have entered into a power sales contract (Contract No. DE-MS79-81BP90450), which as the same may be amended or replaced shall be called Power Sales Contract; and WHEREAS the Customer is purchasing Firm Power from Bonneville pursuant to the Power Sales Contract; and WHEREAS Bonneville requested proposals for Billing Credits pursuant to Bonneville's Billing Credit Policy with a solicitation issued on July 9, 1990 (Billing Credits Solicitation); and WHEREAS the Customer responded to the Billing Credits Solicitation with a proposal for a conservation activity or customer system efficiency improvement (CSEI) independently undertaken and described in Exhibit C, which will result in a reduction in the Customer's net requirements for Firm Power from Bonneville; and WHEREAS based on that proposal described in Exhibit C, Bonneville will provide the Customer with Billing Credits, as provided in this Agreement, only for verified Savings; and WHEREAS Bonneville is authorized by law to dispose of electric power and energy 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 agree as follows: 1. Term of Agreement. This Agreement becomes effective at 2400 hours on September 30, 1991 (Effective Date), and shall continue in effect until 2400 hours 2 .; '~ . on September 30 ,20~, unless terminated earlier pursuant to section 14. If this Agreement terminates prior to 2400 hours on September 30 , 20~, the termination charges provided for in section 14 shall apply. All obligations arising from this Agreement shall be preserved until satisfied. 2. Definitions. All capitalized terms are as defined in Exhibit B, except that the following terms shall have the following meaning: (j) (a) "Adjusted Alternative Cost" means the Benchmark Alternative Cost adjusted pursuant to Exhibit D for the value of specific resource characteristics not accounted for in the Benchmark Alternative Cost. ( b) "Benchmark Alternative Cost" means the estimated costs, specified in Exhibit D, Bonneville would incur as a result of acquiring new resources to meet future load obligations. "Bi 11 i ng Credit" means an adjustment to the Customer IS e 1 ectri c power bill or an equivalent cash payment for a reduction in the Customer's net requirement of Firm Power purchased from Bonneville resulting from a Conservation activity independently undertaken. (c) " (d) "Billing Credit Policy" means the policy, as amended, under which Bonneville grants Billing Credits to the Customer pursuant to section 6{h) of the Northwest Power Act. (e) I'Bi11ing Credit Resource{s)" means the Measure, Program or CSEI, described in Exhibit C, for which a Billing Credit is paid. (f) "Consumer" means any retail customer purchasing Firm Power from the Customer. (g) "Cost Share Percentage" means the qualifying Bonneville load percentage determined pursuant to section 21 of Exhibit B. "Cure II means the additional time and the plan described in Exhibit C which the Parties agree the Customer will use to obtain additional Savings in the event the Customer does not achieve the Savings by the date all Measures are planned to be installed pursuant to the Installation Schedule in Exhibit C. "Customer System Efficiency Improvement (CSEI)" means projects including voltage modifications, reconductoring, transformer replacements, and other system improvements undertaken to reduce electric power consumption or losses as a result of increases in the efficiency of electric use, production, transmission or distribution. (h) ( i ) "Firm Energy" means electric energy provided to the Customer pursuant to the Power Sales Contract which is assured to be 3 .. i . available except when restricted, suspended, interrupted, interfered with, or curtailed as a result of any condition described in the Uncontrollable Forces or Continuity of Service sections of Exhibit B of the Power Sales Contract to meet all or an agreed portion of firm load of the Customer over an agreed upon period of time. (k) "Firm Power" means electric power and energy provided to the Customer pursuant to the Power Sales Contract which are continuously available except when restricted, suspended, interrupted, interfered with, or curtailed as a result of any condition described in the Uncontrollable Forces or Continuity of Service sections of Exhibit B of the Power Sales Contract. Firm Power shall be a collective reference to Firm Capacity and Fi rm Energy. (1) "Installation Schedule" means the Customer's estimated schedule for installing Measures and the amount of Savings the Customer estimates each Measure will obtain. The Installation Schedule is specified in Exhibit C. (m) "Measure or Unit" means equipment, devices, or materials which result in improvements in the efficiency of production, use, distribution or transmission of electric energy. (n) "Program Priority Firm Rate (PF)" means the monthly average rate the Customer would have paid for Firm Power if it had purchased Firm Power from Bonneville in lieu of obtaining the Savings from the Program. The PF is determined pursuant to Exhibit H using the applicable capacity and energy charges of the Priority Firm Rate (or its successor) for the sale of Firm Power by Bonneville to meet the general requirements of the Customer. (0) "Program" means the plan or method by which the Customer proposes to implement a Measure or Measures. Program includes the entire delivery and quality control system needed to achieve and verify Savings as specified in Exhibits C and E. (p) "Ramp-in" means the period of time specified in Exhibit E over which the Customer will install Measures. The Installation Schedule specified in Exhibit C is the plan for installing Measures during the Ramp-in. Unless otherwise provided by a Cure, all Measures are to be installed no later than June 3D, 1996. (q) "Savings" means the reduction in Bonneville's obligation to deliver Firm Power as a result of the Customer's installing the Measures described in Exhibit C. To qualify for Billing Credits, Savings must be verified and result in a reduction in the Customer's net requirements for Firm Power from Bonneville. 4 ~ 3. Exhibits. Exhibit A (Wholesale Power Rate Schedules and General Rate Schedule Provisions), Exhibit B (Billing Credit Conservation Contract Provisions), Exhibit C (Description of Conservation Programs), Exhibit D (Determination of Adjusted Alternative Cost), Exhibit E (Verification and Ramp-in), Exhibit F (Determination of Billing Credit), Exhibit G (Cost Share Percentages). Exhibit H (Calculation of Program Priority Firm Rate) and Exhibit I (Referenced Documents) are by this reference made a part of this Agreement. 4. Amendment of Agreement. (a) Except as provided in section 4(b). this Agreement may be amended or revised only by agreement of the Parties. (b) Exhibits A and H may be replaced by Bonneville to be effective on the effective date of interim or final approval of new rate schedules by the Federal Energy Regulatory Commission or its successor agency. Exhibit G may be revised by Bonneville each October 1, pursuant to the provisions of section 21 of Exhibit B. Exhibits B. C, 0, E. F and I and Tables ~f Exhibits C, 0, E and F, if any. may be revised by agreement of the Parties. Such agreement shall be evidenced by both Parties affixing their signatures to the revised Exhibit. 5. Entire Agreement. This Agreement sets forth the entire agreement of the Parties and supersedes any and all prior agreements with respect to the subject matter of this Agreement. The rights and obligations of the Parties hereunder shall be subject to and governed by this Agreement. The headings used herein are for convenient reference only and shall not affect the interpretation of this Agreement. 6. Interpretation. (a) If a provision in the body of this Agreement is in conflict with a provision contained in the Exhibits, the body of this Agreement shall prevail. (b) Nothing contained in this Agreement shall, in any manner, be construed to abridge, limit, or deprive any party of any remedy, either at law or in equity, for the breach of any of the provisions of this Agreement. (c) This Agreement sha111 be governed by and construed under Federal law. 5 " 7. Duties of the Customer. (a) Subsequent to execution of this Agreement, the Customer shall complete the Program described in Exhibit C within the times specified in Exhibit C. (b) The Customer shall during the time period prior to completion of the Ramp-in and the Cure, if any, prepare invoices and submit them to Bonneville pursuant to section ll(b). (c) The Customer agrees to use the methodology described in Exhibit E to verify Savings. (d) The Customer shall prepare and provide all reports and information required by this Agreement necessary (1) to calculate the amount of the Billing Credits, (2) to verify Savings provided by the Program(s) described in Exhibit C, (3) to establish required persistence of Savings and (4) to satisfy the requirements of section 13. If the Customer fails to provide the reports and information required herein, Bonneville may on 30 days written notice suspend payment of Billing Credits until the information or report is submitted. (e) The Customer shall comply with the terms and conditions of any permit and license for the Program(s) issued by any Federal, State or local governmental agency or body having jurisdiction and with any Federal, State or local regulation applicable to the Program(s). The Customer shall test and dispose of any distribution transformers, materials or equipment removed pursuant to a Measure or Program, in accordance with applicable Federal, State and local regulations. Unless prior written approval is obtained from Bonneville, dispose means to intentionally discard, throwaway, or otherwise complete or terminate the useful life of a distribution transformer. (f) The Customer shall hold Bonneville harmless from any and all liability arising from installation, operation and maintenance of the Customer's Program, including but not limited to the disposal of distribution transformers, materials or equipment. 8. Duties of Bonnevi11~. (a) During the Ramp-in and Cure, if any, upon receipt of an invoice from the Customer, Bonneville shall provide the Customer with Billing Credits for Savings obtained from implementing the Program(s) described in this Agreement. (b) After the Ramp-in and Cure, if any, is completed, Bonneville shall make payments to the Customer pursuant to section ll(c) in the amount determined by Exhibit F for Saving~ obtained. The amount determined by Exhibit F shall be based on the number of Measures or Units installed and the Savings specified in Exhibit E. - 6 ~ (c) Bonneville shall review in a timely manner all information sent by the Customer to verify Savings under this Agreement. 9. Determination of Adjusted Alternative Cost. The Adjusted Alternative Cost is the basis for the Billing Credit for Conservation activities, and is used in the calculation of the amount of Billing Credits received by the Customer. Exhibit D specifies the Adjusted Alternative Cost that will be used to determine the Customer's Billing Credits. 10. Amount of Savings. (a) To qualify for B111ing Credits, Measures or Units must be installed and their Savings verified pursuant to Exhibit E. (b) The verification methodology specified in Exhibit E has been developed by the Parties to ensure that Bonneville is being provided with an objective measure of the Savings. Any responsible third party should be able to obtain the same results as those submitted for payment. The Customer, or its agent, shall maintain and provide to Bonneville, or its agent, the data used in the analysis of Savings. Exhibit E shall specify standards used for sampling if required, and the form and nature of data required by Bonneville. (c) The Billing Credits shall be determin~d for each month pursuant to the provisions of Exhibit F, and payments shall be made pursuant to section 11. 11. Payment for Billing Credit Resource. (a) Bonneville shall, at its option, either make cash payments or credit the Customer's power bill for the Savings determined pursuant to section 10 above. Pursuant to section 13(f)(7) of the Billing Credits Policy, the first payment or credit shall not be made by Bonneville until 90 days after the date Bonneville publishes a notice in the Federal Register of its decision to execute this Agreement. Unless otherwise specified in Exhibit F, Billing Credits shall be invoiced or made quarterly. (b) Unless otherwise specified in Exhibit F, during the Ramp-in and Cure, if any, the Billing Credit shall be the amount determined by using the formula in section 2(a) of Exhibit F. Payment shall be made within 30 days after receipt of a proper invoice. The Customer in its invoice will provide the number of Units installed each month during the payment period and the total UG.ts installed to date, Savings per Unit or total Savings as appropriate, the Adjusted Alternative Cost and the Program Priority Firm Rate used to calculate the Billing Credit pursuant to Exhibit F. The invoices shall be in a similar format as the 7 ~ sample invoice attached to Exhibit F, and shall contain all the information requested in the sample invoice. (c) Unless otherwise specified in Exhibit F, after the Ramp-in and Cure, if any, the Billing Credit shall be the amount determined by using the formula in section 2(b) of Exhibit F. Payments or credits shall be made quarterly. Payment shall be made no later than 10 days after the end of each quarter. The amount of payment or credit will be recomputed when Bonneville replaces Exhibits A and H or G pursuant to section 4, or when Exhibit E is revised to reflect new Savings. Thirty days prior to each Fiscal Year Bonneville, after consulting with the Customer, shall prepare a statement, which shall be a table to Exhibit F, showing the annual Billing Credit for the next Fiscal Year and the quarterly payments. If Exhibits A and H are revised during the Fiscal Year, Bonneville shall prepare a revised statement. The revised statement will show the amounts of the subsequent payments for the remainder of the Fiscal Year. (d) Savings shall be multiplied by the Cost Share Percentage for the Customer as specified in Exhibit G. Bonneville shall review the Cost Share Percentage annually, and will revise Exhibit G each year using the Bonneville load percentage table specified in section 21 of Exhibit B. The Bonneville load percentage table specified in Exhibit B in effect on the date the Customer / executes this Agreement shall remain in effect for the term of this Agreement. In the event Bonneville's Conservation cost share principles are revised, Bonneville shall offer the Customer an amendment to this Agreement which incorporates all of the changes to these principles, including any changes to the values in the table in section 21 of Exhibit B. The Customer shall have 60 days to accept or reject the proposed amendment. (e) Bonneville shall conduct a compliance verification review and make a final certification of the Savings obtained or the number of Measures or Units installed, within 12 months after the later of the final verification as provided for in Exhibit E, or the date the final Measure or Unit is installed. If the compliance review discloses that the Customer has claimed Savings based on Measures or Units not installed, Bonneville may adjust future Billing Credit payments until the amount of overpayment of Billing Credits is corrected. If Bonneville makes a final certification of the Savings and/or number of installations, all payments made to the Customer shall be final and conclusive except with respect to accounting errors, illegal acts, fraud, or gross mistakes as may amount to fraud. (f) If the Customer terminates this Agreement pursuant to section 14, the termination charge determined pursuant to section 14 shall be due 60 days after the date Bonneville submits a bill to the Customei" for the amount determined pursuant to section 14. 8 ~ (g) Payments made from Bonneville to the Customer's bank account shall be made by check or electronically. The Customer shall provide Bonneville with the name, address, Customer's bank account number and the American Banker's Association 9-digit routing number of the bank to which the funds transfer shall be made. Payment from the Customer to Bonneville shall be made by check. Bonneville shall provide the Customer with the address and account information to which the payments shall be made. (h) The Northwest Power Act requires that Bonneville's power rates not be higher as a result of Billing Credits than they would have been had the alternate resource been acquired by Bonneville. In the event that Bonneville's rate to the Customer for Firm Power exceeds the Customer's Adjusted Alternative Cost, payment for Billing Credits will be due Bonneville rather than the Customer. Such payment shall be determined pursuant to section ll(c) and made within 20 days after the end of each quarter that payment is due Bonneville. If this requirement is changed, or the Billing Credit Policy is otherwise amended, Bonneville shall offer the Customer an amendment to this Agreement which incorporates all of the changes between the Billing Crp.dit Policy and such amended Billing Credit Policy. The Customer will have 60 calendar days to accept or reject the proposed amendment. \ 12. Bonneville Right to Review. (a) Upon reasonable notice, Bonneville or Bonneville's designee may inspect, monitor, audit or otherwise review the implementation of the Program, the verification procedure. and all records used for calculating Bonneville's payments or credits for Billing Credits under this Agreement. (b) The Customer shall make available to Bonneville from the Customer's records specified in Exhibit E such information as Bonneville may request in conducting such inspection or monitoring review. A Customer receiving Billing Credits for Programs which duplicate other Bonneville sponsored programs must maintain separate and discrete records for each program. Records for dual or multi-program participants must have a common identifier and must be maintained separately for each Program. (c) Bonneville may conduct, upon reasonable notice, such onsite inspections of a Billing Credit Resource as Bonneville may determine necessary to verify installation. 13. Customer's Annual Report. Within 60 days after the erd of each Fiscal Year, the Customer shall submit to Bonneville an annual report, as specified in Exhibit E, which describes the Savings obtained from the Program(s) listed in Exhibit C. The report shall contain all information requested in Exhibit E, and shall provide Bonneville with sufficient facts to 9 determine whether the Savings were obtained. If the Customer fails to submit the annual report, Bonneville may on 30 days written notice suspend payment of Billing Credits until the annual report is submitted. 14. Termination of Agreement. This Agreement may be terminated as follows: (a) If the Customer terminates the Power Sales Contract or fails to execute a successor Power Sales Contract, Bonneville may terminate this Agreement upon 30 days written notice to the Customer. (b) The Customer may upon 30 days written notice to Bonneville terminate this Agreement or withdraw a Billing Credit Resource early. (c) In the event (a) or (b) above occurs, a termination charge shall be determined pursuant to this subsection. The termination charge is based on the difference, with applicable interest charges, between the Billing Credit payments made prior to the termination, and Billing Credit payments that would have been paid if the Adjusted Alternative Cost was based on the contract term that_ actually resulted from the early withdrawal of a resource, or termination of the Agreement. The applicable interest rate is 10 percent for each year from the Effective Date to the early withdrawal or termination of the Agreement. Based on Bonneville's economic assumptions used in making the initial calculations on the Effective Date of this Agreement, the termination charge will be calculated using the Schedule 1 in Exhibit D and using the methodology, data and assumptions used to calculate the original Adjusted Alternative Cost. 15. Notices and Other Communications. Written communications including invoices between the Parties shall be delivered in person or mailed to the address and to the attention of the person specified below: If to Bonneville: Bonneville Power Administration Puget Sound Area Office 201 Queen Anne Ave. N., Suite 400 Seattle, WA 98109-1030 Attn: Barbara Hickey - TB Public Utilities Specialist (206) 553-4561 If to the Customer: 'POfLT l\~b~L-E.S CrT'f LI6HT Po. BC))( 115D ?OItT A\Jl2>E-LES I WA 985bl. A ttn: S,'flo.\JE. Hlll1.o;l-\ . c...l<:>INEEk/l'J6 M'Tl. (lob) 4S7-o4/ I (Name and/or Title) (Phone Number) 10 . Either party may change or supplement such address or specified person by giving the other party written notice of such change. 16. Severability. If any provision of this Agreement is finally adjudicated by a court of competent jurisdiction to be invalid or unenforceable, it is the Parties' intent that the remainder of this Agreement, to the extent practicable, continue in full force and effect as though such provision or any part thereof so adjudicated had not been included herein. 17. Signature Clause. Each party hereto represents that it has the authority to execute this Agreement and that it has been duly authorized to enter into this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement in counterparts. UNITED STATES OF AMERICA Department of Energy Bonneville Power Administration /s/ TERENCE G. ESVELT Area Manager By , C~,sIJ~4 'v ~a Manager f~ Z- I September 14, 1992 Date ~ THE CITY OF PORT ANGELES, WASHINGTON ~ By Title j)1~TDR. CF L\"N l'bHI Da te '8/2.0/92.- . /s/ ROBERT J. TITUS Director of City Light August 20, 1992 ATTEST: By Title I:>p ~ ~ ,iJdD/':, {/} h~ (1QQ"~~ I 9, - ,~f) - tl~ /s/ BECKY J. UPTON City Clerk Date August 20, 1992 (VS6-PMCE-+1131/+1132) 11 " BCCCP Form 1 EXHIBIT B 12111/91 BILLING CREDIT CONSERVATION CONTRACT PROVISIONS Index to Sections - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Section f9M IN REFERENCE TO MEANING 1. Def i nit i on s ................................................. 2 2. Interpretation .............................................. 3 IN REFERENCE TO PROGRAM OPERATION 3. Arrangements with Consumers and Customers ................... 3 4. Program Suspension for Environment, Health, or Safety....... 4 5. Uncontrollable Forces....................................... 4 IN REFERENCE TO PROGRAM REVIEW 6. Program Records ............................................. 4 7 . Aud its ...................................................... 4 8 . E val u a t i on ...............;.................................. 5 MISCELLANEOUS PROVISIONS 9. Disclaimer of Liability..................................... 5 10. As s i gnment of Agreement ..................................... 5 11. Binding Effect .............................................. 5 12. No Third Party Beneficiaries ................................ 5 PROVISIONS REQUIRED BY STATUTE OR EXECUTIVE ORDER 13. Contract Work Hours and Safety Standards Act ................ 5 14. Cony i c t labor ............................................... 6 15. Equa 1 Opportun i ty ........................................... 6 16. Certification of Nonsegregated Facilities ................... 8 17. Officials Not to Benefit .................................... 9 18. Contractor's Obligations Not General Obligations of the United States ............................ 9 19. Sma 11 Bu sine s s Act .......................................... 9 20. Other Statutes, Executive Orders, and Regulations ........... 10 IN REFERENCE TO COST SHARING ARRANGEMENTS 21. Cos t Share Percentage ....................................... 10 IN REFERENCE TO RESIDENTIAL EXCHANGE PROGRAM 22. Residential Exchange Program ............ .............. ... ... 12 IN REFERENCE TO MEANING 1. Definitions. (a) IIActual FIrm Bonneville loadll means the firm energy portion of the annual average metered requirements. computed average energy requirement. or contracted requirements under the Customer's Power Sales Contract with Bonneville. as amended. (b) IIActua1 Firm Total loadll means the average of a Customer's actual total firm energy load, as defined 1n section 3(b) of the Customer's Power Sales Contract with Bonneville, as amended. (c) IIAuditll means a complete interim audit or final closeout audit of the records as may be specified in this Agreement. (d) IIConservationll means any reduction in Firm Power consumption as a result of increases in the efficiency of electric energy use, production, or distribution. (e) IIContractorll means the Customer. (f) IIFiscal Year II means the period commencing on October 1 and ending the following September 30. (g) IINorthwest Power Actll means the Pacific Northwest Electric Power Planning and Conservation Act, 16 U.S.C. 839. (h) IIPower Sales Contractll means the Northwest Power Act firm power sales contract, as may be amended or replaced, between the Customer and Bonneville for the sale of power and energy to meet the Customer's Actual Firm Bonneville Load. (1) IIRegionll means (1) the area consisting of the States of Oregon, Washington, and Idaho, the portion of the State of Montana west of the Continental Divide, and such portions of the States of Nevada, Utah, and Wyoming as are within the Columbia River drainage basin; and (2) any contiguous areas, not in excess of 75 air miles from the area referred to in paragraph 1(1)(1) above, which are a part of the service area of a rural electric cooperative customer served by Bonneville on the effective date of the Northwest Power Act which has a distribution system from which it serves both within and without such Region. (j) IIUncontrollable Forcesll means: (1) strikes or work stoppage affecting the performance of the Customer or of Bonneville; the term IIstrikes or work stoppage" shall be deemed to include threats of imminent strikes or work stoppage which reasonably require a party to restrict or terminate its operations or restrict or terminate the installation of any CSEI or Measure; or 2 (2) such of the following events as the Customer or Bonneville by exercise of reasonable diligence and foresight, could not reasonably have been expected to avoid: (A) events, reasonably beyond the control of either party, causing failure, damage, or destruction of any works, system or facilities necessary for performance; the word "failure" shall be deemed to include interruption of, or interference with, the actual operation of such works, system, or facilities; (B) floods or other conditions caused by nature which limit or prevent the performance of either party; and (C) orders and temporary or permanent injunctions which prevent said performance, and which are issued in any bona fide proceeding by: (i) any duly constituted court of general jurisdiction; or (ii) any administrative agency or officer, other than Bonneville or its officers, with proper jurisdiction (I) if said party has no right to a review of the va li di ty of such order' by a court of competent jurisdiction; or (II) if such order is operative and effective and such order is not suspended, set aside, or annulled in a judicial proceeding prosecuted by said party in good faith; provided, however, that if such order is suspended, set aside, or annulled in such a judicial proceeding, it shall be deemed to be an "uncontrollable force" for the period during which it is in effect; provided, further, that said party shall not be required to prosecute such a proceeding, in order to have the benefits of this subsection l(j), if the Parties agree that there is no valid basis for contesting the order. 2. Interpretation. Only Bonneville's Administrator or the person or position designated in writing by Bonneville's Administrator with the authority to take such actions, may issue interpretations of this Agreement which are binding upon Bonneville. The designee may further delegate such authority to interpret or take actions under this Agreement, if authorized by the Bo~neville's Administrator in writing. Such interpretations shall be in writing and shall be distributed to each customer which is a party to an agreement containing the provision being interpreted. All such interpretations shall also be available for review at each Bonneville Area/District Office. IN REFERENCE TO PROGRAM OPERATION 3. Arrangements with Consumers and Customers. The Customer shall not unreasonably discriminate among Consumers in implementing this Agreement. Bonneville shall not unreasonably discriminate among customers in implementing this Agreement. 3 4. Program Suspension for Environment. Health. or Safety. (a) The Customer shall implement the Program in accordance with applicable regulations issued by Federal, State, or local agencies related to the environment and to the health and safety of the Customer's employees and the general public. (b) If the Customer fails to comply with subsection 4(a), Bonneville may suspend payment of Billing Credits until the Customer provides evidence of compliance to BonnevJlle. (c) Before suspending payment, Bonneville shall give the Customer written notice and a reasonable opportunity (at least 30 calendar days) to demonstrate compliance or to develop a plan with the appropriate governmental agency to correct the violation or noncompliance. (d) The Customer shall bear the costs of compliance or noncompliance with all environmental, health', or safety requireme~ts with Federal, State, or local agency regulations. 5. Uncontrollable Forces. Each party shall notify the other as soon as possible of any Uncontrollable Forces which may in any way affect performance in accordance with this Agreement. In the event the performance of either party is interrupted or curtailed due to such Uncontrollable Forces, such party shall be excused from such performance during such period of interruption or curtailment. However, such party shall exercise-due diligence to reinstate such performance with reasonable dispatch. IN REFERENCE TO PROGRAM REVIEW 6. Program Records. Records shall be maintained by the Customer as specified in Exhibit E. Unless otherwise provided in Exhibit E, the Customer shall keep all records required by this Agreement until 3 years after the later of the date the last Measure or Unit is installed or the date of the last veriffcation. 7. Audits. Upon reasonable notice, Bonneville may conduct financial Audits. Their number, timing, and extent shall be at the discretion of Bonneville and may be conducted by Bonneville or its designee. However, if the Customer receives $100,000 or more during any Fiscal Year from the Government, it shall be subject to the Single Audit Act as detailed in OMB circulars A-128 and (A-133. Bonneville, at its expense, may: (a) audlt, examine, or inspect Program records and accounts maintained by the Customer, ln accordance with the Program records section of thi s Exhi bit; (b) obtain coples of such Program records and accounts for such purposes; and 4 (c) verify installations made under this Agreement, provided that all such verifications shall be arranged in advance through the Cu~tomer. 8. Evaluation. The Customer is responsible for evaluation of its Program. Verification must be consistent with the information in Exhibit B of the Billing Credits Solicitation and Exhibit E of this Agreement. The Customer shall grant Bonneville or its designee access to the data and analysis the Customer performs to comply with the verification requirements of this Agreement. MISCELLANEOUS PROVISIONS 9. Disclaimer of Liability. (a) Bonneville shall not be liable to the Customer for the tortious acts or omissions of the Customer's independent contractors. (b) The Customer shall require any independent contractor with which it contracts to implement the provisions of this Agreement to indemnify and hold Bonneville harmless from all claims, damages, losses, liability, and expenses arising from breach of contract, statutory and regulatory claims, and the negligent or other tortious acts or omissions of such independent contractors, their officers, agents, or employees. 10. Assignment of Agreement. This Agreement or any interest therein shall not be transferred or assigned by either party to any party other than the Government without the written consent of the other party. 11. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the Parties, their respective legal representatives, assigns, and successors. 12. No Third Party Beneficiaries. In promising performance to one another under this Agreement, the Parties intend to create binding legal obligations to and rights of enforcement in: (a) one another; and (b) such assignees or successors in interest of the Parties as may enjoy a right to enforce this Agreement by virtue of provisions of this Agreement that expressly create such a right in such assignees or successors in interest. By entering into this Agreement, the Parties expressly do not 'ntend to create any obligation or promise of any performance to any other third party, nor have the Parties created for any third party any right to enforce this Agreement. PROVISIONS REQUIRED BY STATUTE OR EXECUfIVE ORDER 13. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) (a) Overtime reauiremeQii. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborers or 5 , . . mechanics in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than 1-1/2 times the basic rate of pay for all hours worked in excess of '40 hours in such workweek. (b) Violation: liability for unpaid waaes: liquidated damages. In the event of any violation of the provisions set forth in subsection 13(a) of this Exhibit. the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions set forth in subsection 13(a) of this Exhibit in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by provisions set forth in subsection 14(a) of this Exhibit. (c) Withholding for unoaid wages and liquidated damages. The Contracting Officer shall upon his or her own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract subject to the Contract Hork Hours and Safety Standards Act which is held by the same Prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in subsection 13(b) of this Exhibit. 14. Convict Labor (Executive Order No. 11755, Dec. 29,1973). In connection with the performance of work under this Agreement, the Contractor or any subcontractor agrees not to employ any person undergoing sentence of imprisonment except as otherwise provided by law. 15. Equal Opportunity (Executive Order No. 11246, Sept. 24, 1965). (a) If. during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $25,000, the Contractor shall comply with paragraphs 15(b)(1) through 15(b)(11) below. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. (b) During performing th;s Agreement. the Contractor agrees as follows: (1) The Contractor shall not d1scr;minate against any employee or applicant for employment bprause of race, color, religion. sex, or nat;onal origin. 6 (2) The Contractor shall 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. (A) employment, (B) upgrading. (C) demotion, (D) transfer. (E) recruitment or recruitment advertising. (F) layoff or termination. (G) rates of payor other forms of compensation. and (H) selection for training, including apprenticeship. (3) The Contractor shall post in conspicuous places. available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The Contractor shall. in all solicitations or advertisement for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race. color. religion. sex, or national origin. (5) The Contractor shall send. to each labor union or representative of workers with which it has a collective bargaining agreement 'or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. (6) The Contractor shall comply with Executive Order No. 11246, Sept. 24. 1965 (30 FR 12319). as amended, and the rules. regulations and order of the Secretary of Labor. (7) The Contractor shall furnish to the contracting agency all information required by Executive Order No. 11246. as amended. and by the rules. regulations. and orders of the Secretary of Labor. Standard Form 100 (EE0-1), or any successor form. is the prescribed form to be filed within 30 days following the award, unless filed within 12 months preceding the date of the award. (8) The Contractor shall permit access to its books, records and accounts by the contracting agency or the Office of Federal Contract Compliance Programs (OFCCP) for purposes of investigation to ascertain the Contractor's compliance with such rules. regulations. and orders. (9) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule. regulation, or order of the Secretary of Labor, this Agreement may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts. under the procedures authorized in Executive Order No. 11246, as amended. In addition, sanctions may be imposed and remedies 7 , .. invoked against the Contractor as provided in Executive Order No. 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. (10) The Contractor shall include the terms and conditions of subparagraphs (b)(l) through (11) of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order No. 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. (11) The Contractor shall take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance: Provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the Government to enter into the litigation to protect the interest of the United States. (c) Notwithstanding any other clause in this Agreement, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.1. 16. Certification of Nonsegregated Facilities (48 CFR 22.810). (a) The Contractor certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause of this Exhibit. (b) The Contractor further agrees that it will (1) obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause; (2) retain such certifications in its files; and (3) forward the following notice to such proposed subcontractors, except where the proposed subcontractors have submitted identical certifications for specific time periods: Notice to Prospective Subcontractors of Requirement for Certifications of Nonsegregated Facilities. A Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract under which the subcontractor will be subject to the Equal Opportunity clause. This certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). 8 . 17. Officials Not to Benefit (41 U.S.C. 22). No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this Agreement or to any benefit arising from it. However, this clause does not apply to this Agreement to the extent that this Agreement is made with a corporation for the corporation's general benefit. 18. Contractor's Obligations Not General Obligations of the United States (16 U.S.C. 839d(j)). None of the offerings of obligations, or promotional materials for such obligations, which may be offered by the Contractor to fund its activities pursuant to this Agreement, are. nor shall they be construed to be, general obligations of the United States. nor are such obligations intended to be or are they secured by the full faith and credit of the United States. 19. Small Business Act (15 U.S.C. 631 and 15 U.S.C. 637). If this Agreement exceeds $10.000 then (a) It is the policy of the Government that small business concerns owned and controlled by socially and economically disadvantaged individuals shall have the maximum practicable opportunity to participate in the performance of contracts let by any Federal agency. (b) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with the efficient performance of this Agreement. The Contractor further agrees to cooperate on any studies or surveys as may be conducted by the United States Small Business Administration or awarding agency of the Government as may be necessary to determine the extent ot the Contractor's compliance with this clause. (c) As used in this Agreement the term "small business concern" shall -mean a small business as defined in section 3 of the Small Business Act (15 U.S.C. 632) and relevant regulations promulgated pursuant thereto. The term "small business concerns owned and controlled by socially and economically disadvantaged individuals" shall mean a small business concern- (1) which is at least 51 percent owned by one or more socially disadvantaged individuals; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially or economically disadvantaged; and (2) whose management and daily business operations are controlled by one or more of such individuals. The Contractor shall presume that socially and economically disadvantaged individuals include Black Americans. Hispanic Americans. Native Americans, Asian Pacific Americans, and other minorities, or any other individual found to be disadvantaged by the Administration pursuant to section 8(a) of the Small Business Act. 9 :" . (d) ) Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as either a small business concern or a small business concern owned and controlled by socially and economically disadvantaged individuals. 20. Other Statutes. Executive Orders. and Regulations. (a) The Contractor agrees to comply with the following statutes, executive orders, and regulations to the extent applicable: (1) False Claims Act, 31 U.S.C. 3729 et seq. Whoever makes or presents to any person or officer in the civil, military, or naval service of the United States, or to any department or agency thereof, any claim upon or against the United States, or any department or agency thereof, knowing such claim to be false, fictitious, or fraudulent, shall be fined not more than $10,000 or imprisoned not. more than 5 years, or both; (2) Rehabilitation Act of 1973, as amended, 29 U.S.C. 793; Executive Order No. 11758, Jan. 15, 1974, and the regulations of the Secretary of Labor (41 CFR 60-741, et seq.), which concern affirmative action for handicapped workers; (3) Vietnam Era Veterans Readjustment Assistance Act of 1972, (38 U.S.C. 101, 102, 240, 241, 1502, 1504, 1507, as amended), and the clauses contained in 41 CFR 60-250, et seq., concern affirmative action for disabled veterans and veterans of the Vietnam Era; (4) Executive Order No. 11625, Oct. 13, 1971 and implementing regulations which concern utilization of small disadvantaged business concerns; (5) Anti-Kickback Act, 41 U.S.C. 51 et seq.; and (6) Privacy Act of 1974, 5 U.S.C. 552a. (b) The Contractor agrees to comply with requirements deemed necessary by Bonneville in order to implement Bonneville's obligations under the National Historic Preservation Act of 1966, 16 U.S.C. 470 et seq. (1982). Such requirements, if any, shall be subject to analysis and comment by the Contractor prior to becoming effective. IN REFERENCE TO COST SHARING ARRANGEMENTS 21. Cost Share Percentage. (a) EliQibilitv. Each year Bonneville shall determine whether the electrical service area of the Customer shall be eligible for participation under this Agreement during the next Fiscal Year. In order for an electrical service area to be eligible, the Customer must: 10 .. .. (1) be planning to place load on Bonneville pursuant to section 14 or 17 of the Power Sales Contract, for the 12-month period beginning the July 1 prior to such Fiscal Year; and (2) have a Bonneville load percentage equal to or greater than 1 percent without rounding when calculated in accordance with paragraph 21(b)(2) of th1s Exhibit. (b) Cost share oercentage. (1) Concurrent with the e11gibility determ1nation, Bonnev1lle shall determ1ne the Bonneville cost share percentage for the electrical service area of each utility served by Bonneville, based on the Bonneville load percentage calculated in accordance with paragraph 2l(b)(2) of this Exhibit. (2) The Bonneville load percentage shall be the percentage produced by dividing the Actual Firm Bonneville Load for each Customer by its Actual Firm Total Load. The load information used to make such determination shall be for the period of July 1 through the following June 30 prior to the Fiscal Year for which the determinatio~ is being made. (3) The qualifying Bonneville load percentage calculated in accordance with subsection 21(b) of this Exhibit will be rounded to the nearest whole number for the purpose of identifying the appropriate Bonneville cost share percentage shown in the table in paragraph 21(b)(4) of this Exhibit. (4) Cost share oercentaae table. Bonneville Cost Bonneville Load Percentaae Share Percentage Equal to or Greater Than Ot. Ot. ~ Less Than It. Equal to or Greater Than It. 75t. and Less Than 40t. Equal to or Greater Than 40t. 85t. ~ Less Than 60t. Equal to or Greater Than 60t. 901. and Less Than 80t. Equal to or Greater Than 80t. 95t. and Less Than 901- Equal to or Greater Than 901- lOOt. (c) Such cost share percentage sholl be applied to payments as provided in this Agreement. 11 ," . IN REFERENCE TO RESIDENTIAL EXCHANGE PROGRAM 22. Residential Exchange Program. (a) The Customer shall separately identify its average system cost (ASC) fi11ng Program costs re11ed upon to estab11sh retail rate tariffs. (b) Program costs included in any ASC filing w1ll be independently evaluated for inclusion in the Customer's ASC. r (VS6-PMCE-+1038) 12 Exhibit C, Page 1 of 5 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective on the Effective Date Description of Conservation Proqrams VOLTAGE UPGRADE AND REPLACEMENT OF TRANSFORMERS The Conservation Program is a CSEI project to reduce energy losses by increasing the voltage from 4.2 kV to 12.5 kV on 24.5 miles of existing distribution lines in addition to replacing 850 standard distribution transformers with low-loss silicon steel distribution transformers. The Voltage Upgrade effects 14 feeders in a commercial/residential area served by the Customer at 4.2 kV. Bonneville presently serves the Customer through two feeders from Bonneville's Port Angeles Substation at 69 kV. The feeders are tapped off at several points along the subtransmission system where the voltage is transformed down to 12.5 kV and 4.2 kV respectively. Upon completion, the estimated annual Savings from the voltage upgrade is 350.4 MHh, and the annual Savings from the replacement of existing standard transformers to low-loss silicon steel transformers is 610.8 MHh. All system efficiency improvements are scheduled for completion by June 1996. Based on conductor loading and voltage drop studies performed by the Customer, the distribution circuits do not require upgrading to provide reliable service until after the year 2026. The length of the proposed contract is 30 years for the vOltage upgrade and 15 years for the transformer replacement based on the remaining life of existing transformers. 1. Estimated Savings (Voltage Upgrade). The Savings for the voltage upgrade is inversely proportional to the difference in the square of the vOltage and also proportional to the square of the load being carried by each section of the distribution system at each instant in time. The estimated annual Savings are determined from energy and peak load projections based on zero load growth. Actual loss Savings will also vary from year-to-year based on actual load growth and weather conditions. Savings will be paid as each feeder is cut-over to 12.5 kV. The following schedule lists the estimated annual Savings for each year of the Agreement. , Year Savings Schedule Estimated Total Annual Savings (MHh) 1993 1994 1995 1996 1997-2021 3.6 262.6 300.4 341.1 350.4 " Exhibit C, Page 2 of 5 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective on the Effective Date Description of Conservation Programs Seasonality Adjustment. Savings due to increasing the operating voltage of feeders are proportional to the square of the load at any instant in time. Since the load served will vary from month to month, the Savings will vary. A seasonality adjustment is made to the Alternative Cost in Exhibit D to reflect the different values of energy during different periods of the year. The adjustment is based on the percent of estimated Savings per month as shown in the following schedule. The data were furnished by the Customer in its proposal. Seasona1itv Adjustment Schedule Month Percent of Savings by Month August September October November December January February March Apr il May June July 6 6 8 9 11 11 12 11 8 7 6 5 Caoacitv Adiustment. Savings due to increasing the operating voltage of feeders are proportional to the square of the load at any instant in time. Since the load served will vary from hour-to-hour during the day, the Savings will also vary. The capacity adjustment will be applied to the Alternative Cost in Exhibit D to reflect the higher value of capacity during peak load periods. A review of data provided by utilities show a consistent factor of 1.2 for the average 15-hour capacity over the average 24-hour capacity. The capacity adjustment which is based on the difference between the l5-hour capacity and the average capacity is deemed to be 0.2 times the Customer's average capacity. 2. Estimated Savings (Transformer Reolacement>. The Savings for each transformer installed will be the difference in no-load losses between the existing standard distribution transformer and the low-loss silicon steel distribution transformer for the remaining life of the existing transformer. The no-load.loss value for the standard distribution transformer will be based on the average for the standard . Exhibit C, Page 3 of 5 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective on the Effective Date Description of Conservation Programs silicon steel distribution transformers manufactured before 1970 and will be deemed as shown below. The remaining life of existing standard distribution transformers will be defined as 40 years minus the average age of the transformers to be replaced. For this Program, the remaining life of existing transformers will be deemed as 15 years. The no-load loss values for the low-loss silicon steel distribution transformers will be based on Bonneville-approved data from the Customer. Values for 1992 deemed no-load losses will be based on Bonneville-approved data provided by the Customer involving purchases of low-loss silicon steel transformers prior to 1992. No-load loss values for existing and low-loss silicon steel transformers will be deemed as shown below: Trans- former Size (kVA) (1) 15 25 37.5 50 75 75 100 150 167 225 300 500 Phase (2) Single Single Single Single Single Three Single Three Single Three Three Three <Deemed) No-Load Losses Standard Silicon Steel (Watts) (3) 90 120 175 215 270 380 360 550 440 750 950 1400 1992 <Deemed) No-Load Losses Low-Los s Silicon Steel (Watts) (4) 50 77 99 121 180 230 222 350 280 641 735 910 (Deemed) No-Load Losses Low-Loss Silicon Stee 1 (Watts) (5) 50 65 85 120 160 230 190 300 240 450 550 700 Average Load Losses Low-Loss Silicon Stee 1 (Watts) (6) 210 270 380 510 740 2220 940 1500 1130 2000 2500 3000 1992 Esti- mated Annual Savings (MWh) (7) 0.3504 0.3767 0.6658 0.8234 0.7884 1 .314 1 .209 1.752 1.402 0.9548 1 .883 4.292 Esti- mated Annual Savings (MWh) (8) 0.3504 0.4818 0.7884 0.8322 0.9636 1 .314 1 .489 2. 19 1 .752 2.628 3.504 6. 132 Qualifications. To ensure overall loss Savings, any low-loss silicon steel distribution transformer installed shall not exceed the average load loss value for its particular size. If the load loss value of any low-loss silicon steel distribution transformer installed exceeds the average load loss value listed in column 6, the transformer shall not qualify for Billing Credits. The no-load loss value of any transformer installed after 1992 shall not exceed the average load loss value for the same size low-loss silicon steel distribution transformer shown in column 5. The load and no~load loss values for the low-loss silicon steel transformer, for comparison purposes, will be determined from the manufacturer's data supplied with the transformer. Exhibit C, Page 4 of 5 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective on the Effective Date Description of Conservation Programs The annual Savings for each size transformer instalJed will be deemed as shown above. Low-loss silicon steel distribution transformers are to be installed each year during the Ramp-in (Installation Schedule). The Savings shown below represent only the difference in no-load losses between an existing silicon steel distribution transformer and a low-loss silicon steel distribution transformer of the same size for the remaining life of the existing transformer. Installation Schedule Estimated Total Annual Savings +4 Percent for Transformer Number On-Line (Deemed) Annual Savings Distribution Size (kVA) Installed Data Per Transformer (MWh) Losses (MWh) 15 31 1992 0.3504 11 .2969 25 80 1992 0.3767 31 .341 . 37.5 91 1,992 0.6658 63.0113 50 53 1992 0.8234 45.3858 75 31 1992 0.7884 25.4180 75 2 1992 1 .314 2.733 100 13 1992 1.209 16.345 150 1 1992 1 .752 1 .822 167 6 1992 1 .402 8.748 \ 300 1 1992 1.883 1 .958 500 1 1992 4.292 4.464 1992 Total 212.523 15 19 1993 0.3504 6.924 25 36 1993 0.4818 18.039 37.5 46 1993 0.7884 37.717 50 48 1993 0.8322 41.544 75 23 1993 0.9636 23.050 100 9 1993 1.489 13.937 167 6 1993 1 .752 10.932 500 1 1993 6. 132 6.377 1993 Total 158.520 Exhibit C, Page 5 of 5 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective on the Effective Date Description of Conservation Programs Installation Schedule (continued) Estimated Total Annual Savings +4 Percent for Transformer Number On-Line (Deemed) Annual Savings Distribution Size (kVA) Installed Data Per Transformer (MWh) Losses (MWh) 15 10 1994 0.3504 3.644 25 35 1994 0.4818 17.538 37.5 32 1994 O. 7884 26.238 50 29 1994 0.8322 25.099 75 8 1994 0.9636 8.017 100 1 1994 1.489 1.549 167 3 1994 1.752 5.466 225 1 1994 2.628 2.733 300 1 1994 3.504 3.644 1994 Total 93.928 15 9 1995 0.3504 3.280 25 24 1995 0.4818 12.026 37.5 43 1995 0.7884 35.257 50 10 1995 0.8322 8.655 75 6 1995 0.9636 6.013 100 3 1995 1.489 4.646 167 1 1995 1.752 1 . 822 1995 Total 71.699 15 8 1996 0.3504 2.915 25 39 1996 0.4818 19.542 37.5 56 1996 0.7884 45.916 50 21 1996 0.8322 18. 175 75 12 1996 0.9636 12.026 1996 Total 98.574 Total All Years 635.244 Seasonality Adjustment. Since the Savings due to no-load transformer losses are constant over time, no seasonality adjustment will be applied to transformer losses. Capacity Adjustment. Since the Savings due to no-load transformer losses are constant 'over time, no capacity adjustment will be applied to transformer 10~ses. (VS6-PMCE-+944) Exhibit D, Page 1 of 9 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective on the Effective Date Determination of Adjusted Alternative Cost The alternative costs presented here represent the estimated costs which Bonneville would incur as a result of acquiring new resources to meet future firm load obligations. These alternative costs reflect Bonneville's cost of acquisition, and are set forth in the way these costs would be recovered in Bonneville's rates for Firm Electric Power. A. Benchmark Real Levelized Alternative Costs. Bonneville's Benchmark Alternative Costs are listed below in Schedule 1. These Benchmark Alternative Costs are presented in real levelized values (1990 dollars), for different on-line dates and various contract terms. These are called Benchmark Alternative Costs because they will usually need to be adjusted to reflect the operating characteristics of a typical Billing Credit resource. SCHEDULE 1 BENCHMARK REAL LEVELIZED ALTERNATIVE COSTS mills per kWh (1990$) Resource On-Li ne Date Contract Term lill. l2.9..3 ~ li.2.5 1996 5 25.0 25.3 25.5 25.8 26.0 10 25.9 26.2 26.4 26.7 26.9 15 26.8 27.0 27.3 27.5 27.8 20 27.7 28.0 28.2 28.5 28.7 25 28.5 28.8 29.2 29.6 30.0 30 29.2 29.7 30.2 30.7 31.2 35 30.0 30.6 31.2 31.9 32.5 40 30.7 31.5 32.3 33.0 33.8 45 31. 5 32.4 33.3 34.2 35. 1 50 32.2 33.2 34.3 35.3 36.3 Assumptions: Inflation Rate: 5% annual rate Real Discount Rate: 3'10 Note: Must interpolate for unlisted contract terms. .. Exhibit D, Page 2 of 9 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective on the Effective Date Determination of Adjusted Alternative Cost B. Adjustments to Benchmark Alternative Costs. The Benchmark Alternative Costs shown in Schedule 1 are based on certain characteristics important to a resource's value. To the extent that the Billing Credit Resource has different characteristics, the Benchmark Alternative Cost will be adjusted pursuant to this Exhibit D. 1. Seasonality. The seasonal distribution of Firm Energy capability for the Benchmark Alternative Cost resource is constant for all months. 2. Capac ity . Capacity is defined here as the maximum resource capability which can be sustained for a continuous 10-hour period during the heavy load hours between 7 a.m. and 10 p.m., for 5 days a week, Monday through Friday, (50 hours total per week) for each week in a month. The mix of benchmark alternative resources would provide a l-to-l ratio of capacity to average Firm Energy capability in each month. For purposes of calculating the capacity capability for a Billing Credit Resource, the sustained capability over the 10-hour period should be provided, or the Customer may use instead the average Firm Energy capability over the same period. 3 . Loc at 1 on . The alternative resources are assumed to be located east of the Cascade range and outside of the Customer's service territory. However, if this is not the case for the Billing Credit Resource, then the following location adjustments shall apply: (a) Puget Sound Curtailment Adjustment. Beginning on the date a Measure or Unit is installed, and continuing until December 31, 1993, Billing Credit Resources located 1n an area generally described as the Puget Sound Area receive a $5.00 per kW (1990 dollars) incremental adjustment for capacity in the months of November through February for any Measure or Unit installed. (b) West Side Capacity Adiustment. Beginning January 1, 1994, and continuing for the term of th1s Agreement, B1111ng Credit Resources located in an area generally described as west of the Cascade range receive a $1.93 per kW-mo (1990 dollars) incremental adjustment for capacity in the months of November through February. Exhibit D, Page 3 of 9 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective on the Effective Date Determination of Adjusted Alternative Cost 4. Transmission Loss. Because the alternative resources are assumed to be located outside of the Customer's service territory, an additional 2.5 percent. adjustment is applied to the Benchmark Alternative Cost and other adjustments to account for the estimated transmission system line losses which would be incurred in transmitting power from the alternative resource to the Customer's system. SCHEDULE 2 ADJUSTMENTS FOR REAL LEVELIZED BENCHMARK ALTERNATIVE COSTS BPA has estimated the marginal value of each of these resource characteristics, and will adjust the benchmark alternative costs as necessary to account for any differences between the alternative resource and the actual Billing Credit resource. Se~sonality Adiustments to Alternative Costs Firm Energv Savings In: Adjustments to Alternative Cost (mills per kWh, Real Leve1ized 1990$) December to April 15 April 16 through June July and August September through November 1.5 -3.5 1.0 .0 Caoacity Adiustment to Alternative Costs (Real Levelized 1990$) $3.46/kW-month .", Exhibit 0, Page 4 of 9 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective on the Effective Date Determination of Adjusted Alternative Cost Firm Energy Savings Ramp Rate by Year (MHh) at BPA/Customer POD Month 1992 1993 1994 1995 1996 Total Jan 18.0 13.9 36.5 10.2 13.9 92.5 Feb 16.3 12.6 38.3 10.0 13.6 90.8 Mar 18.0 13.9 36.5 10.2 13.9 92.5 Apr 17 .5 13.3 28.4 8.9 12. 1 80.2 May 18.0 13.7 26. 1 8.7 11.9 78.5 Jun 17.5 13.2 23.3 8.2 11.1 73.2 Jul 18.0 13.6 20.9 8.0 10.9 71. 5 Aug 18.0 13.7 23.5 8.4 11.4 75.0 Sep 17.5 13.2 23.3 8.2 11. 1 73.2 Oct 18.0 13.8 28.7 9. 1 12.4 82.0 Nov 17.5 13.4 31.0 9.3 12.6 83.7 Dec 18.0 13.9 36.5 10.2 13.9 92.5 Total 212.5 162. 1 352.9 109.5 148.6 985.6 Firm Capacity Savings Ramp Rate by Year (MH) at BPA/Customer POD Month 1992 1993 1994 1995 1996 Total Jan 0.02 0.02 0.06 0.01 0.02 0.13 Feb 0.02 0.02 0.07 0.02 0.02 O. 15 Mar 0.02 0.02 0.06 0.01 0.02 0.13 Apr 0.02 0.02 0.05 0.01 0.02 0.12 May 0.02 0.02 0.04 0.01 0.02 0.11 Jun 0.02 0.02 0.04 0.01 0.02 O. 11 Jul 0.02 0.02 0.03 0.01 0.02 0.10 Aug 0.02 0.02 0.04 0.01 0.02 O. 11 Sep 0.02 0.02 0.04 0.01 0.02 0.11 Oct 0.02 0.02 0.04 0.01 0.02 0.12 Nov 0.02 0.02 0.05 0.01 0.02 O. 13 Dec 0.02 0.02 0.06 0.01 0.02 0.13 Exhibit D, Page 5 of 9 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective on the Effective Date Determination of Adjusted Alternative Cost Firm Energy Savings by Year (MWh) Year 1992 1993 1994 1995 1996 Total 1992 213 0 0 0 0 213 1993 213 162 0 0 0 375 1994 213 162 353 0 0 728 1995 213 162 353 109 0 837 1996 213 162 353 109 149 986 1997 213 162 353 -109 149 986 1998 213 162 353 109 149 986 1999 213 162 353 109 149 986 2000 213 162 353 109 149 986 2001 213 162 353 109 149 986 2002 213 162 353 109 149 986 2003 213 162 353 109 149 986 2004 213 162 '353 109 149 986 2005 213 162 353 109 149 986 2006 213 162 353 109 149 986 2007 0 4 259 38 50 350 2008 0 v 4 259 38 50 350 2009 0 4 259 38 50 350 2010 0 4' 259 38 50 350 2011 0 4 259 38 50 350 2012 0 4 259 38 50 350 2013 0 4 259 38 50 350 2014 0 4 259 38 50 350 2015 0 4 259 38 50 350 2016 0 4 259 38 50 350 2017 0 4 259 38 50 350 2018 0 4 259 38 50 350 2019 0 4 259 38 50 350 2020 0 4 259 38 50 350 2021 0 4 259 38 50 350 2022 0 4 259 38 50 350 2023 0 0 0 0 0 0 2024 0 0 0 0 0 0 Exhibit D, Page 6 of 9 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective on the Effective Date Determination of Adiusted Alternative Cost Transformer Replacement Other Resource Characteristics ----------------- Year ----------------- 1992 1993 1994 1995 1996 Contract Life (years) 15 14 13 12 11 Variable Cost Fraction1 0.150 0.150 0.150 0.150 0.150 West Side Capacity Adjust. yes yes yes yes yes Puget Snd. Curtail. Adjust. yes yes n/a n/a n/a The Variable Cost Fraction indicates the portion of the total leve1ized Adjusted Alternative Cost that is variable, and is used to develop the nominal Adjusted Alternative Cost stream. Summary of the Benchmark Real Levelized Alternative Cost and Real Levelized Adjustments <1990 mi 11 s/kWh) ----------------- Year ----------------- 1992 1993 1994 1995 1996 Benchmark Alternative Cost 26.80 26.80 26.90 27.00 27.10 Adjustments Seasonality 0.00 0.00 0.00 0.00 0.00 Standard Capacity 0.00 0.00 0.00 0.00 0.00 West Side Capacity 0.74 0.81 0.88 0.88 0.88 Puget Sound Curtailment 0.37 0.20 0.00 0.00 0.00 AC at POD (2.5 percent) 0.70 0.70 0.69 0.70 0.70 Adjusted Alternative Cost 28.60 28.50 28.48 28.58 28.68 Exhibit D, Page 7 of 9 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective on the Effective Date Determination of Adjusted Alternative Cost Voltage Upgrade Other Resource Characteristics ----------------- Year 1992 1993 1994 1995 1996 Contract Life (years) 0 30 29 28 27 Variable Cost Fractionl 0.000 0.150 0.150 0.150 0.150 I West Si de' Capaci ty Adjust. yes yes yes yes yes Puget Snd. Curtail. Adjust. yes yes n/a n/a n/a The Variable Cost Fraction indicates the portion of the total levelized Adjusted Alternative Cost that is variable, and is used to develop the nominal Adjusted Alternative Cost stream. J Summary of the Benchmark Real Levelized Alternative Cost and Real Levelized Adjustments <1990 mills/kWh) ----------------- Year 1992 1993 1994 1995 1996 Benchmark Alternative Cost 0.00 29.70 30.00 30.30 30.50 Adjustments Seasonality 0.00 0.25 0.25 0.25 0.25 Standard Capacity 0.00 0.95 0.95 0.95 0.95 West Side Capacity 0.00 1. 32 1. 39 1. 39 1. 39 Puget Sound Curtailment 0.00 0.18 0.00 0.00 0.00 AC at POD (2.5 percent) 0.00 0.81 0.81 0.82 0.83 Adjusted Alternative Cost 0.00 33.21 33.40 33.71 33.92 Exhibit 0, Page 8 of 9 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective on the Effective Date Determination of Adiusted Nominal Alternative Cost 1 Adjusted Alternative Cost Stream (nominal mills/kWh) Year Fixed Variable Tota12 1992 37.7 5.0 42.7 1993 38.4 5.2 43.6 1994 46.3 5.8 52. 1 1995 46.6 6. 1 52.7 1996 47.2 6.4 53.6 1997 47.2 6.7 53.9 1998 47.2 7. 1 54.3 1999 47.2 7.4 54.6 2000 47.2 7.8 55.0 2001 47.2 8.2 55.4 2002 47.2 8.6 55.8 2003 47.2 9.0 56.2 2004 47.2 9.5 56.7 2005 47.2 9.9 57. 1 2006 47.2 10.4 57.6 2007 61.2 12. 1 73.3 2008 61.2 12.7 73.9 2009 61.2 13.3 74.6 2010 61.2 14.0 75.2 2011 61.2 14.7 75.9 2012 61.2 15.4 76.7 2013 61.2 J 6.2 77 .4 2014 61.2 17.0 78.2 2015 61.2 17 .9 79. 1 2016 61.2 18.8 80.0 2017 61.2 19.7 80.9 2018 61.2 20.7 81.9 2019 61.2 21.7 82.9 The nominal AC is derived by adding the effects of inflation to the adjusted real levelized AC. The nominal AC represents the actual year-by-year payments Bonneville would make if it acquired the alternative resource. 2 This column is the AC used in the formula in Exhibit F to determine the Bi 11 i ng Credit. . Exhibit 0, Page 9 of 9 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective on the Effective Date Determination of Adjusted Nominal Alternative Cost Adjusted Alternative Cost Stream (continued) (nominal mills/kWh) Year Fixed Variable Tota12 2020 61.2 22.8 84.0 2021 61.2 23.9 85.2 2022 61.2 25. 1 86.4 2023 0.0 0.0 0.0 2024 0.0 0.0 0.0 The nominal AC is derived by adding the effects of inflation to the adjusted real levelized AC. The nominal AC represents the actual year-by-year payments Bonneville would make if it acquired the alternative resource. 2 This column is the AC used in the formula in Exhibit F to determine the Bi 11 i ng Credit. <TC066) (VS6-PMCE-+944) Exhibit E. Page 1 of 3 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective on the Effective Date Verification Provisions VOLTAGE UPGRADE AND TRANSFORMER REPLACEMENT All energy conservation measures (ECM's) are scheduled to be completed by June 30. 1996. Upon completion of the upgrade and the replacement of transformers. the annual Savings for all ECM's installed is 961.2 MWh as shown in Exhibit C. 1. Verification Method (Voltage Upgrade). The verification process will be used to calculate the actual Savings to be paid under the Agreement. Hourly data from Bonneville substation metering equipment will be applied to the following set of formulas representing the electrical characteristics of the distribution circuits to calculate the actual Savings for each hour. l. 1993 Feeder Conversion Savings (kWh) = 8.4699**10-10 (kW**2) 2. 1994 Feeder Conversion Savings (kWh) = 6.1221**10-8 (kW**2) 3. 1995 Feeder Conversion Savings (kWh) = 7.0037**10-8 (kW**2) 4. 1996 Feeder Conversion Savings (kWh) = 7.9544**10-8 (kW**2) 5. 1997-2021 Savings (kWh) = 8.1700**10-8 (kW**2) For years 1997 and beyond. the actual Savings will be determined by 32 percent of the load from Bonneville Port Angeles Feeders No.1 and No.2. This percentage represents the portion of the 4.2 kV distribution system affected by the voltage upgrade. Savings for each hour of the period will be the product of the total Bonneville Port Angeles No.1 and No.2 load squared and a constant. The constant includes a factor that is the square of 32 percent. During the Ramp-in period. the feeders that are converted each year represent a portion of the 32 percent Bonneville Port Angeles Feeders No.1 and No.2 load. Savings for each hour'of the Ramp-in period will be the product of the total Bonneville Port Angeles Feeders No.1 and NO.2 load squared and a constant. The constant includes a factor that is the square of the portion of the 32 percent Bonneville Port Angeles Feeders No. 1 and No.2 load which has been converted. Exhibit E, Page 2 of 3 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective on the Effective Date Verification Provisions Savings due to the voltage upgrade will be calculated hourly and paid on a quarterly basis. The sum of all hourly Savings values for the year will be the total annual Savings. The alternative cost calculation including the seasonality adjustment will be reviewed at the end of 5 years and adjusted for future payments if the new value varies by more than 5 percent. 2. Verification Method (Transformer Replacement). The Savings paid for during the Ramp-in will be based on the difference between the deemed value of no-load losses for a standard distribution transformer and low-loss silicon steel distribution transformer. At the end of each quarter, the Customer shall provide Bonneville with the number and size of transformers installed ea~h month during the quarter, manufacturers' data for the load and no-load losses, and loss Savings (watts). The manufacturer's data for the load losses of a low-loss silicon steel distribution transformer installed will be compared with the average load losses for a standard distribution transformer of the same size as shown in Exhibit C. The manufacturers' data for the no-load losses of the low-loss silicon steel distribution transformer installed will be compared with the deemed no-load losses for a standard distribution transformer of the same size as shown in Exhibit C. To qualify for the Billing Credit both the load and no-load losses of the low-loss silicon steel distribution transformer installed must be less than the average or deemed values identified in Exhibit C. The Billing Credit for each month will be based on the total of the loss Savings (watts) for all transformers installed before the end of the month. The actual Savings would be the loss Savings (watts) times the number of hours in the month. After the Ramp-in, the monthly Billing Credit will be based on 1/12th of the calculated total annual Savings. The manufacturers' data for no-load losses of the low-loss silicon steel distribution transformer will be verified by either obtaining a manufacturer's certification for no-load losses or measuring the no-load losses of a random sample of the transformers to be installed. The certification shall be a warranty that the no-load losses do not exceed the values listed in Exhibit C. 3. Recordkeeping. Records will be kept on the upgraded sections of the distribution system including the feeder location, conductor size and mileage; on hourly kW and kVar readings; on the calculations of Savings by the hour; and on any test data on load and no-load losses for replaced transformers. Port Angeles shall submit with its invoices the manufacturers' certifications for replacement transformers load and no-load losses. " Exhibit E, Page 3 of 3 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective on the Effective Date Verification Provisions 4. Revision of Exhibit. (a) At the latter of the end of the Ramp-in, this Exhibit shall be revised to document the actual Savings installed. (b) The revision shall include a schedule (Ramp-in History) showing the actual Savings achieved each Operating Year. The Ramp-in History shall be in a similar format as the Installation Schedule in Exhibit C as set forth in this Exhibit, which provides information showing the size, number, and actual calculated total annual Savings by year of installation for each size transformer actually installed as well as the location, and mileage of each feeder upgraded. (c) The Ramp-in History will be used to recalculate the benchmark alternative cost, true-up payments made during the Ramp-in, and recalculate the Alternative Cost for the remaining term of the Agreement. Changes which would affect the original net present value by less than 5 percent will not be recalculated or adjusted. (VS6-PMCE-+944) '. Exhibit F, Page 1 of 7 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective on the Effective Date Determination of Billing Credit l. Formula for Determining Billing Credit. The Billing Credit paid to the Customer shall be determined by the following formula: BC = (AC - PF) * (Savings * Cs) where: PF = Monthly Billing Credit = Adjusted Alternative Cost, in mills per kWh, specified in Exhibit D. = Average Program Priority Firm Rate in mills per kWh determined pursuant to Exhibit H. = Savings obtained under this Agreement. The amount of Savings used to calculate the Billing Credit shall be as determined by section 2 below. is the Cost Share percentage determined pursuant to section ll(c). BC AC , Savings Cs 2. Payment. (a) Payment during the Ramp-in including the Cure, if any, will be made based on invoices submitted to Bonneville by the Customer, and approved by Bonneville. Bonneville will payor credit the amount determined by the following formula: Payment = (AC - PF) * (Sv * Cs) Sv = the verified Savings specified in the invoice. r This computation shall be made for each month of the payment period. The total number of units installed by the end of the month shall be used to compute the Savings for that month. (b) After the Ramp-in, including the Cure, if any, Bonneville will payor credit the Customer an amount determined by the following formula: Payment = (AC - PF) * (Sv * Cs) Sv = the verified Savings determined pursuant to Exhibit E Exhibit F, Page 2 of 7 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective on the Effective Date Determination of Billino Credit 3. Average System Cost Adjustment. The provisions in this section of this exhibit apply only during periods the Customer has a Residential Purchase and Sales Agreement (RPSA) or Exchange Transmission Credit Agreement (ETCA) with Bonneville and is making Average System Cost Filings (ASC) and receiving benefits pursuant to those agreements. All capitalized terms in this section not defined in this Agreement, shall have the same meaning as in the RPSA, ETCA, and the 1984 Average System Cost Methodology. (a) Notwithstanding the provisions of this Exhibit F, payments or credits may require adjustment whenever the Customer is receiving benefits pursuant to its RPSA or ETCA during the term of this Agreement. (1) An adjustment may be required whenever the Customer makes a Revised Appendix 1 ASC Filing (Revised Appendix 1). Bonneville will determine if an adjustment is necessary 30 days after the Customer submits a Revised Appendix 1. Such determination will be based on the attached worksheet (Worksheet 1), which shall be completed by the Customer and submitted with the Revised Appendix 1. (2) With each Revised Appendix 1 the Customer will separately identify all costs, revenues, functiona1ization of costs, associated with the Billing Credit Resource, and estimated Savings or verified Savings of the Billing Credit Resource consistent with the informatton provided in this Agreement. Data will be sufficiently detailed to support completion of Worksheet 1. (3) Within 30 days after receipt of a Worksheet 1, Bonneville will notify the Customer that completion of the Worksheet 1 either is acceptable or is not acceptable based on the as-filed content of the Revised Appendix 1. If acceptable, payment or credit for the Billing Credit Resource will be made based upon the filed information, but subject to adjustment for the Bonneville's Final ASC Filing Determination. If not acceptable, the Customer has 30 days to submit a revised Worksheet 1. If the revised Worksheet 1 is not acceptable, Step 1 of the Worksheet 1 shall be deemed larger than Step 2 and no Billing Credit payment or credit shall be owed or made, subject to adjustment for the Bonneville's Final ASC Filing Determination. Exhibit F, Page 3 of 7 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective on the Effective Date Determination of Billing Credit (4) If Bonneville's final ASC Filing Determination on any Average System Cost Filing results in a change to the Billing Credit payment or credit, BPA shall within 30 days of such final decision adjust the Worksheet 1. If actual Billing Credit payments or credits exceed the amount determined by the adjusted Worksheet 1, the Customer shall receive reduced Billing Credit payments or credits until such time that the 'overpayment has been corrected. If actual Billing-Credit payments or credits are less than payments determined by the adjusted Worksheet 1, Bonneville shall pay the Customer or credit the Customer's wholesale power bill with the amount determined. (b) If BPA's final ASC Filing Determination on any Average System Cost Filing does not functionalize such Billing Credit payments or credits to Distribution/Other, then each month while such final ASC is in effect payments or credits shall be made pursuant to this Agreement. Payments or credits shall be an amount equal to the difference between the Residential Exchange Program payment received by the Customer for such month pursuant to the RPSA or ETCA and the Residential Exchange Program payment Customer would receive if such payment or credit had been functionalized to Distribution/Other. Exhibit F, Page 4 of 7 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective on the Effective Date ~ Determination of Bi11ina Credit Worksheet 1 The Customer shall use this Worksheet 1 to determine whether an adjustment is required when the Customer prepares a revised Appendix 1. A revised Worksheet 1 shall be prepared pursuant to section 4 of Exhibit F with each ASC filing, and attached to Exhibit F upon approval by Bonneville. References to Schedule 4, below, refer to the 1984 Average System Cost Methodology. Steo 1: Determine estimated RPSA benefits that would be expected absent this Agreement. Include Billing Credit resource costs and loads as filed in Revised Appendix 1 ASC filing. Line ~ Item Reference Amount 1 Average System Cost 2 Forecasted Annual Exchange Load 3 Estimated Average PF Rate 4 Estimated Annual Residential Exchange Benefit 5 Billing Credit Payment 6 Total Estimated Payment Schedule 4, line 19 11 ZI (line 1 - line 3) · line 2 NIA line 4 + line 5 (Worksheet continues, next page) 11 BPA forecasted Residential Exchange load adjusted to include estimated Savings. ZI Use current PF rates. J/ Functionalized to Production pursuant to Footnote i, 1984 Average System Cost ~~thodology. . Exhibit F, Page 5 of 7 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective on the Effective Date Determination of Billing Credit Worksheet 1 (continued) Step 2: Determine sum of (a) estimated RPSA benefits without inclusion of Billing Credit Resource costs and revenues and (b) Billing Credit payment determined pursuant to this exhibit. Exclude all Billing Credit program costs and revenues from ASC determination. Li ne ~ 1 2 3 4 5 6 7 8 9 10 Steo 3: Item Total Contract System Costs Less: Billing Credit Program Costs Billing Credit-adjusted Contract System Cost Total Contract System Load Billing Credit-adjusted ASC Forecasted Annual Exchange Load Estimated Average PF Rate Estimated Annual Residential Exchange Benefit Unadjusted Billing Credit Payment Total Estimated Payment Reference Amount - Schedule 4, line 5 '11 line 1 - line 2 Schedule 4, line 18 line 3/1ine 4 II Jj (line 5 - line 7) * line 6 Exhibit F, (AC - PF) *savings 1 i ne 8 + 1 i ne 9 Determine Payment for Billing Credit Resource. If Step 1, line 6, is greater than Step 2, line la, because all benefits for the Billing Credit resource are received through the Residential Exchange Program, the customer receives no Billing Credit payment. If Step 2, line la, is greater than Step 1, line 6, the difference is the annual Adjusted Billing Credit Payment under this Agreement. II BPA forecasted Residential Exchange load adjusted to include estimated Savings. ZI Use current PF rates. '11 Functionalized to Production pursuant to Footnote i, 1984 Average System Cost Methodology. . Exhibit F, Page 6 of 7 Contract No. DE-MS79-91BP934E9 Procurement No. 76371 The City of Port Angeles Effective on the Effective Date Determination of Billing Credit VOLTAGE UPGRADE SAMPLE INVOICE Invoice Number Date Page 1 of 2 Month 1 Feeder Formula Total Savings Month 2 Feeder Formula Total Savings Month 3 Feeder F ormu 1a Total Savings Total Savings Quarter 11 Payment ZI = AC - PF * Total Savings Quarter * Cost Share = 11 Total Savings is the sum of all months in the quarter. ZI The amount paid shall be the sum of Payment for Voltage Upgrade and Payment for Transformer Replacement. . Exhibit F, Page 7 of 7 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective on the Effective Date Determination of Billing Credit TRANSFORMER REPLACEMENT SAMPLE INVOICE Invoice No. Date Page 2 of 2 Size Transformer (kVA) Number Installed 11 Savings Transformer 2/ Monthly Savings Total Savings Month [2 Month 1 15 25 37.5 50 75 100 167 225 300 500 15 25 37.5 50 75 100 167 225 300 500 Total for Month "'3 = Month 3 15 25 37.5 50 75 100 167 225 300 500 Total for Month "'2 = Total for Month '" 1 = Sum of Monthly Totals Total Savings This Quarter JI + Cumulative Monthly Savings ~I Total Savings ~I '" (AC - PF) millslkWh "'3 = ') Unadjusted Payment QI '" Cost Share Payment II 11 The number of units installed during the month. ~I The Savings per unit as determined by Exhibit C. 31 (Month 1 '" 3) + (Month 2 '" 2) + Month 3. ~I Sum of monthly totals from previous quarter plus Cumulative Monthly Savings from previous quarter. 51 Cumulative Monthly Savings'" 3 plus total Savings for this quarter. QI Total Savings'" (AC - PF). II The amount paid shall be the sum of Payment for Voltage Upgrade and Payment for Transfmormer Rep 1 acement. (VS6-PMCE-+944) ,- Contractor Albion Alder Mutual Ashland Bandon Benton Co. PUD #1 Benton REA Big Bend Elec. Coop Blachly-Lane Elec. Coop Blaine Bonners Ferry Burley Canby - Cascade Locks Central Elec. Coop Central Lincoln PUD Centra 1 i a (Ci ty) Chelan Co. PUD #1 Cheney Clallam Co. PUD #1 Clark County PUD #1 Clatskanie PUD Clearwater Power Co. Columbia Basin Coop Columbia Power Coop Columbia REA Columbia River PUD Consolidated 10 No. 19 Consumers Power, Inc. Coos-Curry Elee. Coop Coulee Dam Cowlitz Co. PUD #1 Declo Douglas Co. PUD #1 Douglas Elec. Coop Drain East End Mutual Eatonville Ellensburg Elmhurst Mutual Emerald Co. PUD Eugene Exhibit G, Page 1 of 2 Contract No. DE-MS79-91BP93489 Procurement No. 76371 City of Port Angeles Effective on the Effective Date Cost Share Percentages (Determined Pursuant to Section 21 of Exhi bit B) Cost Share Cost Share Percentage Contractor Percentage 100 Fall River E1ee. Coop 100 100 Farmers Elec. Co. 100 100 Ferry Co. PUD #1 100 100 Fircrest 100 100 Flathead E1ee. Coop 100 100 Forest Grove 90 100 Franklin Co. PUD #1 100 100 Glacier Elec. Coop 100 100 Grant Co. PUD #2 75 85 Grays Harbor Co. PUD #1 100 100 Harney E1ec. Coop 100 100 Heyburn 100 100 Hood River E1ec. Coop 100 100 Idaho Co. L&P Coop 100 100 Idaho Falls 95 90 Idaho Power Co. 0 75 Inland P&L Co. 100 100 Kittitas Co. PUD #1 90 100 K1ickitat Co. PUD #1 100 100 Kootenai Elee. Coop, Inc, 100 100 Lakeview L&P Co. 100 100 Lane Co. E1ee. Coop 100 100 Lewis Co. PUD #1 100 100 Lincoln Elec. Coop, Mont. 100 100 Lincoln E1ec. Coop, Wash. 100 100 Lost River E1ec. Coop 100 100 Lower Valley P&L Co. 100 100 Mason Co. PUD #1 100 100 Mason Co. PUD #3 100 95 McCleary 100 95 McMinnvi11e 95 100 Midstate E1ee. Coop 100 0 Milton (City) 100 100 Milton-Freewater 90 100 Minidoka 100 100 Missoula E1ee. Coop 100 100 Monmouth 100 100 Montana Power Co. 0 100 Nespelem Valley E1ec. 100 100 Northern Lights, Inc. 100 90 Northern Wasco PUD 100 \ , -, . Exhibit G, Page 2 of 2 Contract No. DE-MS79-91BP93489 Procurement No. 76371 City of Port Angeles Effective on the Effective Date Cost Share Percentages (Determined Pursuant to Section 21 of Exhibit B) Contractor Ohop Mutual Okanogan Co. Elee. Coop Okanogan Co. PUD #1 Orcas P&L Co. Oregon Trail Elec. Con. Coop Pacific Co. PUD #2 Pacific P&L Parkland P&L Pend Oreille Co. PUD #1 Peninsula P&L Inc. Port Angeles Portland General Elee. Prairie Power Coop Puget Sound P&L Raft River Elee. Coop Ravalli Elee. Coop Riehland Riverside E1ec. Co. Rupert Rural Elee. Co. Salem Elec. Salmon River Elec. Coop Seattle Skamania Co. PUD #1 Snohomish Co. PUD #1 Soda Springs South Side E1ee. Lines Springfield Steilaeoom (VS6-PMCE-+1131/+1132) Cost Share Percentage 100 100 75 100 95 100 o 100 85 ,100 100 o 100 75 100 100 100 100 100 100 100 100 75 100 95 100 100 100 100 Contractor Sumas Surprise Valley Elee. Coop Tacoma Tanner Elee. n 11 amook PUD Troy U.S. Air Force (Fairchild AFB) U.S. BIA (Flathead) U.S. BIA (Wapato) U. S. Bureau of' Mi nes U.S. Bureau of Reclamation (Roza) U.S. DOE (Riehland) U.S. Navy U.S. Navy (Bangor) U.S. Navy (Jim Creek) Umati11a Elee. Co. Unity L&P Co. Utah P&L Vera Irrigation Dist. Vigilante Elee. Coop Hahkiakum Co. PUD #1 Wasco Elee. Coop Washington Public Power SS Washington Water Power Wells Rural E1ee. Co. West Oregon Elee. Coop Whateom Co. PUD #1 } Cost Share Percentage 100 100 85 100 100 100 100 90 90 100 o 100 100 100 100 100 100 o 100 100 100 100 o o 100 100 100 ... , '. . Exhibit H, Page 1 of 1 Contract No. DE-MS79-91BP93489 Procurement No. 76371 The City of Port Angeles Effective on the Effective Date Calculation of Program Priority Firm Rate The Program Priority Firm Rate (PF) in mills per kWh used in the determination of the Billing Credit paid to the Customer is calculated pursuant to this Exhibit. This Exhibit shall be revised when Exhibit A is replaced pursuant to section 4 of this Agreement, using the applicable revised rates. The effective date of the revised Exhibit H shall be the effective date of the new rates. The capacity and energy amounts and the annual load shape used to calculate the initial Exhibit H shall be used for the contract term to calculate PF. 1. Procedure to Calculate the PF. The PF is determined by using the current applicable priority firm power rate for capacity and energy in Exhibit A as follows: a. Use the capacity (kW) and energy (kWh) amounts specified in section 2 below. b. Multiply for each month of the Operating Year the kW and kWh amounts below by the applicable rate for the month. c. Add columns (e) and (g), add those totals, reduce totals by low density discount, and divide by column (c). 2. Calculation of PF in Exhibit F. kW kWh , Month kW kWh kW Rate Dollars kWh Rate Dollars ($lkW) (Col b.d) (mills/kWh) (Co 1 c. f) (a) ( b) (c) (d) (e) (f) (g) Oct 120 82,000 $3.60 432 18.7 1 .533 Nov 130 83,700 $3.60 468 18.7 1 ,565 Dec 130 92 ,500 $3.60 468 18.7 1,730 Jan 130 92,500 $3.60 468 18.7 1,730 Feb 150 90,800 $3.60 540 18.7 1,698 Mar 130 92 , 500 $3.60 468 18.7 1,730 Apr 120 80,200 $3.60 432 14.7 1.179 May 110 78,500 $3.60 396 14.7 1 , 154 Jun 110 73,200 $3.60 396 14.7 1,076 Jul 100 71,500 $3.60 360 14.7 1 ,051 Aug 110 75,000 $3.60 ' 396 14.7 1 ,103 Sep 110 73.200 $3.60 396 18.7 1 .369 Totals 985,600 5,220 16,918 3. The average annual PF $5,220 + 16,918 = $22,138 $23,652 - 0% = $23,652 $23,652 / 985,600 = 22.5 mills per kWh. (VS6-PMCE-+944) a ". . Exhibit I, Page 1 of 1 Contract No. DE-MS79-91BP93489 Procurement No. 76371 City of Port Angeles Effective on the Effective Date ) Referenced Documents 1. Billing Credits Policy, as amended August 30, 1984, is referred to in the recitals, section 2(d), section ll(a) and section ll(h). 2. Billing Credits Solicitation, issued July 1990, is referred to in the recitals and section 8 of Exhibit B. 3. Termination Examples. (VS6-PMCE-+1131/+1132) I A . "I.: .. Referenced Document-- Termination Examples The following two examples show how the termination charge would be calculated in the event of early termination of the Agreement. The following assumptions were used in these examples: resource size 0.1 aMH; on-line date is 1992; nominal discount rate is 8.15 percent; cost of capital is 10 percent; inflation is 5.0 percent; and the variable cost fraction is 15 percent. Example 1: 20-year contract terminated after 15 years (Nominal Dollars) Actua 1 Modifi ed Cumulative Billing Bil Hng BPA Overpayment Year Credi t Credi t Overpayment Plus Interest 1992 $22,025 $16,688 $5,337 $5,337 1993 $21,350 $16.006 $5,344 $11,214 1994 $20,685 $15,334 $5,350 $17,686 1995 $19.329 $13,972 $5,358 $24,813 1996 $17,897 $12,532 $5.365 $32,659 1997 $16,564 $11,191 $5,373 $41,298 1998 $16,032 $10,650 $5.381 $50,809 1999 $15,425 $10,034 $5,390 $61,281 2000 $14,656 $9,256 $5,399 $72,808 2001 $13,551 $8, 142 $5,409 $85.498 2002 $12,460 $7,041 $5,419 $99,467 2003 $11 ,210 $5,781 $5,430 $114,843 2004 $9.451 $4,010 $5,441 $131,768 2005 $7,709 $2,256 $5,453 $150,398 2006 $5,547 $82 $5,465 $170,902 pv1/ $126,825 $85,425 $41,400 Termination Charge $170,902 Example 2: 20-year contract termi na ted after 10 years (Nominal Dollars) Actual Modified Cumulative Bill i ng Bill i ng BPA Overpayment Y.ul: Credit C red i t Overoavment Plus Interest 1992 $22,025 $11,544 $10.481 $10,481 1993 $21,350 $10,856 $10,494 $22,024 1994 $20,685 $10,177 $10,508 $34,734 1995 $19,329 $8,807 $10,522 $48,730 1996 $17 ,897 $7.360 $10,538 $64,141 1997 $16,564 $6 , 0 11 $10.553 $81,108 1998 $16,032 $5,462 $10,570 $99.789 1999 $15,425 $4,837 $10,587 $120.355 2000 $14,656 $4.050 $10,606 $142,997 2001 $13,551 $2,926 $10,625 $167,921 pv1/ $111,096 $47,389 $63,708 Termination Charge $167,921 1/ PV in 1990$. (V56-PMCE-+1067)