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HomeMy WebLinkAbout5.1006 Original ContractNET ENERGY METERING CONNECTION AGREEMENT for CUSTOMER FUEL CELL, SOLAR, WIND, or HYDROPOWER ELECTRIC GENERATING FACILITIES of 100 KILOWATTS or LESS This Net Energy Metering Connection Agreement is executed in duplicate this I a day of A _ . 20 t 0 between t] 1 (hereinafter referred . to as "Customer "), and the City of Port Angele 'Department of Public Works and Utilities (hereinafter referred to as the City). Both parties, who may be herein further referred to collectively as "Parties" and individually as "Party ", agree as follows: 1. CUSTOMER ELECTRIC GENERATING FACILITY 1.1 Customer has elected, in accordance with RCW 80.60 et seq., to operate either a net energy metering fuel cell, solar, wind or hydropower electric generating facility, with a generating capacity of not more than twenty-five kilowatts, in parallel with the City's transmission and distribution facilities. This generating facility is intended to offset either part or all of the Customer's electrical requirements. 1.2 Customer's Application for Net. Metered. Electrical Generation, including the location . of the electrical generating installation and details on the electrical generating unit(s) is hereby incorporated into this agreement as Appendix A. 1.3 The installation is identified by the City with the following designators: Transformer No. 3 7 - 2.4 , on feeder /phase L I Za I , Customer Utility Account No. 11-1L -1 e i - ci S 1.4 A separate agreement shall be entered into for each Customer's electrical service location(s). 1.5 The electrical generating system used by the Customer shall be located on the Customer's premises. It shall include all equipment necessary to meet applicable safety, power quality, and connection requirements established by the National Electrical. Code (Articles 690 and 705), National Electrical Safety Code, the Institute of Electrical and Electronics Engineers, Underwriters Laboratories, and the City's Connection. Standards, as set forth in Appendix. B, which is attached hereto. 1.6 The City shall have the sole authority to determine which connection requirements set forth herein are applicable to Customer's proposed installation. 2. PAYMENT FOR NET ENERGY 2.1 The City shall measure the net electricity produced or consumed by the Customer during each billing period, in accordance with normal metering practices. Net Metering Agreement.DOC 1 of 6 3128101. 2.2 If the electricity supplied by the City exceeds the electricity generated by the Customer and fed back to the City during the billing period, or any portion thereof, then the Customer shall be billed for the net electricity supplied by the City together with the appropriate customer charge paid by other customers of the City in the same rate class. 2.3 If the electricity generated by the Customer and distributed back to the City during the billing period, or any portion thereof, exceeds the electricity supplied by the City, then the Customer shall be: (a) billed for the appropriate customer service charge as other customers of the City in the same rate class; and. (b) credited for the net excess kilowatt -hours generated during the billing period, with this kilowatt -hour credit appearing on. Customer's bill for the following billing period. 2.4 At the beginning of each calendar year, any remaining unused kilowatt -hour credit accumulated by the Customer during the previous year shall be granted to the City without any compensation to the Customer. 2.5 Customer shall pay any amount owing for electric service provided by the City in . accordance with applicable rates and policies. Nothing in this Section 2 shall limit City's rights under applicable Rate Schedules, Customer Service Policies, and. General Provisions. 3. INTERRUPTION OR REDUCTION OF :DELIVERIES 3.1 The City may require Customer to interrupt or reduce deliveries as follows: (a) when necessary in order to construct, install, maintain, repair, replace, remove, investigate, or inspect any of its equipment or part of its system; or (b) if it determines that curtailment, interruption, or reduction is necessary because of emergencies, force or compliance with prudent electrical. practices. 3.2 Whenever possible, the City shall give Customer reasonable notice of the possibility that interruption or reduction of deliveries may be required. 3.3 Notwithstanding any other provision of this Agreement, if at any time the City determines that either: (a) the facility may endanger City personnel, or (b) the continued operation of Customer's facility may endanger the integrity of the City's electric system, The City shall have the right to disconnect Customer's facility from the City's electric system. Customer's facility shall remain disconnected until such time as the City is satisfied that the condition(s) referenced in (a) or (b) of this section 3.3 have been corrected. 4. CONNECTION 4.1 Customer shall deliver the excess energy to the City at the City's meter. Net Metering Agreernent.DOC 2 of 6 3/28/01 4.2 Customer shall pay for designing, installing, inspecting, operating, and maintaining the electric generating facility in accordance with all applicable laws and regulations and shall comply with the City's Connection Standards set forth in Appendix B, which is attached hereto. 4.3 Customer shall pay for the City's standard watt -hour meter electrical hook -up, if not already present. 4.4 Customer shall not commence parallel operation of the generating facility until written approval of the connection facilities has been given by the City. Such approval shall not be unreasonably withheld. The City shall have the right to have representatives present at the initial testing of Customer's protective apparatus. 5. MAINTENANCE AND PERMITS 5.1 Customer shall: (a) maintain the electric generating facility and connection facilities in a safe and prudent manner and in conformance with all applicable laws and regulations including, but not limited to, the City's Connection Standards, Appendix 13, and (b) obtain any governmental authorizations and permits required for the construction and operation of the electric generating facility and connection facilities, including electrical permit(s). 5.2 Customer shall reimburse the City for any and all losses, damages, claims, penalties, or liability it incurs as a result of Customer's failure to obtain or maintain any governmental authorizations and permits required for construction and operation of Customer's generating facility or failure to maintain. Customer's facility as required in (a) of this Section 5. 6. ACCESS TO PREMISES 6.1 The City may enter Customer's premises or property to: (a) inspect, with prior notice, at all reasonable hours, Customer's protective devices; (b) read meter; and (c) disconnect at the City's meter or transformer, without notice, the connection facilities if, in the City's opinion, a hazardous condition exists and such immediate action 'is necessary to protect persons, or the City's facilities, or property of others from damage or interference caused by Customer's electric generating facilities, or lack of properly operating protective devices or inability to inspect the same. 7. INDEMNITY AND :LIABILITY 7.1 The Customer assumes the risk of all damages, Toss, cost and expense and agrees to indemnify the City, its successors and assigns, and its respective directors, officers, employees and agents, from and against any and all claims, losses, costs, liabilities, Net Metering Agreement.DOC 3 of 6 3 /28 /01. damages and expenses including, but not limited to, reasonable attorney fees, resulting from or in connection with performance of the agreement or which may occur or be sustained by the City on account of any claim or action brought against the City for any reason including but not limited to loss to the electrical system of the Customer, caused . by or arising out of an electrical disturbance. 7.2 Such indemnity, protection, and hold harmless includes any demand, claim, suit or judgement for damages, death or bodily injury to all persons, including officers, employees or agents, and subcontractors of either Party hereto including payment made under or in connection with any Worker's Compensation. Law or under any plan for employees' disability and death benefits or property loss which may be caused or contributed to by the connection, maintenance, operation, use, presence, or removal of Customer's equipment. The only exception will be liability occasioned by the sole negligence or willful misconduct of the City or its employees acting within the scope of their employment and liability occasioned by a partial negligence of the City or its employees acting within the scope of their employment to the extent that such partial . liability is fixed by a court of competent jurisdiction. 7.3 The provisions of Section 7 shall not be construed to relieve any insurer of its obligations to pay any insurance claims in accordance with the provisions of any insurance policy. 7.4 The City shall have no liability, ownership interest, control or responsibility for the Customer's Electric Generating Facility or its connection with the City's electric system, regardless of what the City knows or should know about the Customer's Electric Generating Facility or its connection. 7.5 Customer recognizes that it is waiving immunity under Washington Industrial Insurance law, Title 51 RCW, and further agrees that this indemnification clause has been mutually negotiated. This indemnification shall extend to and include attorney's fees and the costs of establishing the right of indemnification hereunder in favor of the City. 8. INSURANCE 8.1 Customer shall maintain, during the term of this Agreement, Comprehensive Personal Liability Insurance with a combined single limit in an amount equivalent to the industry standard for this type of insurance. 8.2 Such insurance shall, by endorsement to the policy or policies, provide for thirty (30) calendar days written notice to the City prior to cancellation, termination, attention, or material change of such insurance. 8.3 The City shall have the right to inspect or obtain a copy of the original policy or policies of insurance. 9. INDEPENDENT CONTRACTORS 9.1 The Parties hereto are independent contractors and shall not be deemed to be partners, joint venturers, employees, franchisees or franchisers, servants or agents of each other for any purpose whatsoever under or in connection with this Agreement. Net. Metering Agreement.DOC 4 of 6 3/28/0! 10. GOVERNING LAW 10.1 This Agreement shall be interpreted, governed, and constructed under the laws of the State of Washington as if executed and to be performed wholly within the State of Washington. Venue of any action arising hereunder or related to this agreement shall . lie in Clallam County, Washington. 11. AMENDMENTS, MODIFICATIONS OR WAIVER 11.1 Any amendments or modifications to this Agreement shall be in writing and agreed to by both. Parties. The failure of any Party at any time or times to require performance of any provision hereof shall in no manner affect the right at a later time to enforce the same. No waiver by any Party of the breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, shall be deemed to be construed as a further or continuing waiver of any such breach or waiver of the breach of any other term or covenant unless such waiver is in writing. 12. APPENDICES 13. NOTICES The Agreement includes the following appendices attached and incorporated by reference: Appendix A: Customer's Application for Net Metered Electrical. Generation to City of Port Angeles. Appendix B: City's Connection. Standards for Customer Electric Generating Facilities of 100 Kilowatts or Less. All written notices shall be directed as follows: City of Port. Angeles: Electrical. Engineering Manager 321 East 5 Street P.O. Box 1150 Port Angeles, WA 98362 Cu stomer: } jrr � L l 3 �A 7 1 •l�A. 1, )o .] Name lc " Address ( POYA V. 5 Aint. City, State & Zip 1 Net. Metering Agreement.DOC 5 of 6 3/28/01 14. TERM OF AGREEMENT 15. SIGNATURES CUSTOMER: IL Siena Customer notices to the City, pursuant to this Section 13, shall refer to the Service Address set forth in Appendix A. This Agreement shall be in effect when signed by the Customer and the City and shall remain in effect thereafter month to month unless terminated by either Party on thirty (30) days' prior written notice in accordance with Section 13. IN WITNESS WHEREOF, the Parties hereto have caused two originals of this Agreement to be executed by their duly authorized representatives. This Agreement is effective as of the last date set forth below: 2 1 /0 I ti Print name A coute A( "Title 3 1�►o Date CITY OF PORT ANGELES. S' ati /e i J S QU►sr Print name Ef e , 7R I CAI L,ENy eNFParwrx � " IAN.{f e �P 'Title 3/1 t 0 Date Net Metering Agreement.DOC 6 of 6 3/28/01. Thank you for your interest in establishing a renewable energy or fuel cell connection with City of Port Angeles, Electric Utility. Please note generation systems must meet certain requirements to be considered. • The project must be not more than 25 kilowatts (kW) in size. • Generation must be fueled by solar, wind, hydropower, or be a fuel cell. • Owner provides power conditioning, connection, and safety equipment. • Projects will be considered on a first come first served basis. Please complete Customer and Installer Information and the appropriate section for the type of generation proposed to be installed. In addition, include a one -line diagram and description of protection equipment. Please allow at least ten working days for processing your application. Questions may be directed to Electrical Engineering Manager, at telephone number (360)417-4702, Customer Information APPENDIX A Application for Net Metered Electrical Generation Owner Name: D f o lav 1 Mailing Address: -- . 0 City, State & Zip: ' Pot A & WA') 631. Email Address: U-K h ir"GF d ©`V wL.[rus . l Service Address: (If different than Mailing Address) Daytime Telephone: 0 45 Electric Utility Account No.: 1l+')" I' is-no Expected System Operational Date: + I 120 1 C) Installer Information ( I F di fferent from Customer Information) Installer Name: Pais' i If ' j iVE.LArr'_(JI J Mailing Address: V._]r'1 D -S - n� " �^ (/ City, State & Zip: P_(1-1.(P_(1-1.(-1.- - of Z - V _ ti Y L t'J Email Address: (t-4-), PO � u � e "1 �[ i ^d irCA�,C (7� Daytime Telephone: ( _ jj 13 - 30 KO Drawines Attached: Wot�e line, o manufacturers literature, D design drawings. Net Metering -Apndx A.doci4 /20/01} 1 of 3 Fuel CeII Information Fuel Cell Manufacturer: Fuel Cell Model Number: Fuel Cell's Rated Power Output (kW): Inverter Manufacturer: Inverter Model Number: Inverter's Power Rating (kW): Describe the protection equipment to be used and the physical location of the installation: Drawings Attached: ❑ one line, a manufacturers literature, Q design drawings. Photovoltaic Solar System Information (AC continuous) (AC continuous) PV Module Manufacturer: Si k I Lc Y\ PV Module Model Number: ( Number of Modules: 2! PV Power Rating per Module: DC Watts Total Output: 1 4. cf> DC Watts Inverter Manufacturer: fl-- W1V X1c-lr P Inverter Model Number( P71 . bP 2-Z © D Inverter's Power Rating (kW): 'o.S00 (AC continuous) Describe the protection equipment to be used and the physical location of the installation: Drawings Attached: 'one line, 0 manufacturers literature, ❑ design drawings. Net Metering -Apndx A.doc {4120101 } 2 of 3 Wind System Information Wind. Turbine Manufacturer: Wind Turbine Model Number: Wind Turbine Tower Height: Wind Turbine Rated Power Output (kW): AC Source (check one): ❑ Inverter ❑ Synchronous Generator ❑ Induction Generator Inverter Manufacturer (if using): Inverter Model Number: Inverter's Power Rating (kW): System Rated Output (kW): Describe the protection equipment to be used and the physical location of the installation: Drawings Attached: ❑ one line, ❑ manufacturers literature, O design drawings. Small Hydro Power Information feet Rotor Diameter: feet (Peak at 30 mph wind speed, or specify) Turbine Manufacturer: Turbine Model Number: Turbine Power Output (kW): (AC continuous) AC Source (check one): © Inverter ❑ Synchronous Generator 0 Induction Generator Inverter Manufacturer (if using): Inverter Model Number: Inverter's Power Rating (kW): (AC continuous) System Rated Output (kW): (AC continuous) Describe the protection equipment to be used and the physical location of the installation: Drawings Attached: ❑ one line. ❑ manufacturers literature, ❑ design drawings. Net 'Metering- ApndxA.doc {4120101} 3 of3 (AC continuous) (AC continuous)