HomeMy WebLinkAbout5.217 Original ContractCITY LIGHT
September 4, 1997
Mr. Mike McInnes, General Manager
Clallam County PUD #1
2431 East Hwy 101
Port Angeles, WA 98362 -0207
Dear Mike:
Sincerely,
Steven E. Hursh
Electrical Engineering Manager
5.. /'7
cpv-io ef
CITY OF PORT ANG1LES
321 Ea.t Fifth Sueet. PO Bo\ 1150
Poi t An_eleti. Watihmgton 98362-1150
Subject: Amendment #1 Morse Creek Transmission Agreement
Phone '3601417-4705 TTY Phone )360) 417-4645
Fay 360) 417 -4709 e -mad pahghttn o1vmptn net
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SEP 8 7997
No,
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In 1985 we signed an easement agreement with the previous property owner of Black
Hawk Ridge Subdivision that requires the City to provide one electrical junction box on
his property to allow for an electrical service connection. The connection would
comply with the serving utility's rules, regulations, and policies. The serving utility is
Clallam County PUD per the terms and conditions of our Electrical Service Area
Ag reement.
In 1988 we signed the attached Transmission Agreement to wheel power from our
Morse Creek Hydro electric Project. The interconnection point between the City and
the PUD is switch D4260 at the corner of Glass and Boyd Road.
The electrical design for serving Black Hawk Ridge subdivision uses our underground
powerline along Black Hawk Loop to provide electric service to several of the lots. To
avoid a duplication of facilities and honor our easement agreement, we would like to
amend Exhibit "B" in our Transmission Agreement to move the interconnection point
from switch D4260 to vault MH -3. We would also transfer ownership of our
underground powerline and related appurtenances between switch D4260 and vault
MH -3 from the City to the PUD; including the vault and sectionalizing cabinet at MH -3.
If this is agreeable to you, please sign the attached Amendment #1 and return one copy
to me for our records. If you have any questions, please feel free to call me at your
convenience at 417 -4702.
A
AMENDMENT #1
TO THE TRANSMISSION AGREEMENT
FOR MORSE CREEK HYDROELECTRIC PROJECT
The parties hereto mutually agree as follows:
1. Authorize the attached drawing be added to Exhibit "B" in the Transmission Agreement
For Morse Creek Hydroelectric Project.
2. Authorize the transfer of electric facilities from the City of Port Angeles to Clallam
County PUD #1 between switch D4260 and City Light vault MH -3; including the vault
and sectionalizing cabinet at MH -3.
3. Authorize section V. d. in Exhibit "B" be replaced by the following:
District isolates work area if fault is on its system possibly opening elbows in electric
vault MH -3. City isolates work area if fault is on its underground cable would open
elbows in electric vault MH -3. When the elbows in electric vault MH -3 is opened or
closed by either party, the other will be notified.
Michael Mc
Clallam .&uz
eneral Manager
Jack P'ttis, ublic Works Director
City o ort Angeles
94,427
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AUTHENTICATED COPY
Contract No. DE- MS79- 91BP93194
August 28, 1991
TRANSMISSION AGREEMENT
executed by the
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
acting by and through the
BONNEVILLE POWER ADMINISTRATION
and
CITY OF PORT ANGELES
and
CLALLAM COUNTY PUD
providing services for
MORSE CREEK HYDRO PROJECT
Index to Sections
Section Page
1. Term of Agreement 3
2. Definitions and Explanation of Terms 4
3. Exhibits 5
4. Revision of Exhibits 5
I
Section Page
5. Transmission of Electric Power 7
6. Payment Provisions 8
7. Termination of Agreement and Charges 9
8. Reactive Power 10
9. Interconnection and Metering 10
10. General Environmental Provisions 11
11. Several Obligations 11
12. Execution in Counterpart 12
Exhibit A (General Transmission Rate Schedules and
General Transmission Rate Schedule Provisions) 5
Exhibit B (General Wheeling Provisions [GNP Form -4R]) 5
Exhibit C (Transmission Parameters) 5
Exhibit D (Loss Factors) 5
Exhibit E (Resource Services) 5
This TRANSMISSION AGREEMENT, executed October 15 1991, by the
UNITED STATES OF AMERICA (Government), Department of Energy, acting by and
through the BONNEVILLE POWER ADMINISTRATION (Bonneville), the CITY OF PORT
ANGELES (City), a municipality of the State of Washington, and
CLALLAM COUNTY PUD (Utility), a Public Utility District of the State of
Washington,
2
WI T N E S S E T H
WHEREAS the Utility and the City have entered into an agreement whereby
the Utility will provide firm capacity in its transmission or distribution
system facilities for the transmission of electric power generated at the
Morse Creek Hydroelectric Project, and for interconnection of the Project to
the facilities of the Utility (Interconnection Agreement); and
WHEREAS the Utility and Bonneville have agreed to provide firm capacity on
their transmission or distribution facilities for the transmission of power
from the Project to the City; and
WHEREAS the City owns the Project and the transmission service occurs over
the Utility's and Bonneville's facilities for delivery to the City; and
WHEREAS the load which is served hereunder at the Point of Interconnection
and the Point of Delivery is in the control area of Bonneville; and
WHEREAS Bonneville is authorized pursuant to law to dispose of Electric
Power generated at various Federal hydroelectric projects in the Pacific
Northwest, or acquired from other resources, to construct and operate
transmission facilities, to provide transmission and other services, and to
enter into agreements to carry out such authority;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Term of Agreement. This agreement shall be effective commencing at
2400 hours on the date Bonneville has signed all original counterparts of this
agreement (Effective Date) and shall continue until the earlier of:
(a) 2400 hours on the date of termination pursuant to section 7 below; or
(b) 2400 hours on September 30, 2011;
3
All obligations incurred hereunder shall continue until satisfied.
Upon expiration of this agreement pursuant to subsection (b) above,
Bonneville shall offer to extend transmission services provided hereunder, of
the same quality as, and on terms and conditions consistent with, those being
offered at that time to other customers similarly situated for the lesser of
20 years or the remaining life of the Project.
2. Definition and Explanation of Terms.
(a) "Agency" means the Federal Energy Regulatory Commission or its
successor agency which has the authority to approve Bonneville's transmission
rates.
(b) "Electric Power" or "power" means electric peaking capacity, expressed
in kilowatts, or electric energy, expressed in kilowatthours, or both.
(c) "Net Project Output" means the Electric Power generated at the
Project less station service, and less transmission and transformation losses
from the Project to the Point of Integration.
(d) "Point of Delivery" means the point of delivery, described in
Exhibit C, where Electric Power is delivered to the City by Bonneville.
(e) "Point of Integration" means the point described in Exhibit C where
the Net Project Output will be made available by the Utility to Bonneville.
(f) "Point of Interconnection" means the point where the Net Project
Output will be made available by the City to the Utility.
(g) "Project" means the Morse Creek Hydroelectric Project, described in
Exhibit C, consisting of the site and generating units, and related
transformation and transmission facilities.
(h) "Transmission Demand" means the amount specified in Exhibit C,
expressed in kilowatts, which is the maximum hourly amount of Electric Power
4
to be made available to Bonneville for the account of the City under this
agreement at the Point of Integration.
(i) "Use -of- Facilities Charge (UFT)" means the charges, if any, specified
in the Transmission Parameters Exhibit, applicable between the Point of
Integration and the Point of Delivery for the purpose of recovering the cost
of identifiable facilities provided by Bonneville for the City's use. Such
charges and their application shall be consistent with the UFT Transmission
Rate Schedule contained in the Transmission Rate Schedules and General
Transmission Rate Schedule Provisions Exhibit, and shall also be consistent
with Bonneville's Customer Service Policy.
3. Exhibits. Unless otherwise expressly stated herein, the rights and
obligations of the parties with respect to provisions hereunder shall be
subject to and governed only by the written terms of this agreement, including
Exhibits A through E (Exhibits) attached hereto and by this reference made a
part of this agreement. The notice provisions of section 38 of the General
Wheeling Provisions [GWP Form -4R], Exhibit B, require a minimum notice prior
to a Rate Adjustment Date. If the rates are disapproved or conditions are
placed on them by the Agency or by any judicial interpretation of legislation
by a court with jurisdiction over Bonneville, Bonneville shall not be required
to give the minimum notice prior to resubmitting the rates to the Agency or
implementing the Agency approved rates. The headings used in this agreement
are for convenient reference only and shall not affect the interpretation of
this agreement. The City shall be the "Transferee" and Bonneville shall be
the "Transferor" referred to in Exhibit B.
4. Revision of Exhibits.
(a) The UFT rate schedule attached hereto in Exhibit A has been confirmed
and approved by the Agency. The Use -of- Facility charge specified in Exhibit C
5
shall be recalculated following any rate filing according to the provisions of
such amended, modified or successor rate schedules and associated provisions,
and Bonneville shall prepare a new Exhibit C incorporating the revised UFT
charge. The initial Integration of Resources (IR -89) rate schedule attached
hereto in Exhibit A has been confirmed and approved by the Agency. If any
final rate schedule which is approved by the Agency is an amendment or
modification of the initial rate schedule, the applicable amended or modified
rate schedule and associated general transmission rate schedule provisions
shall be attached hereto and made a part of this agreement effective as of the
date specified in the Agency's approval. Any rate schedule in Exhibit A shall
be replaced by successor rate schedules in accordance with the provisions of
section 7(i) of the Pacific Northwest Power Act and Agency rules.
(b) If Bonneville determines that the charges specified in Exhibit C or
any subsequent charges specified in this agreement must be changed pursuant to
sections 19 or 38 of the General Wheeling Provisions [GWP Form -4RJ, Exhibit B,
it shall prepare a new Exhibit C incorporating such changes. Such new
Exhibit C shall be substituted for the Exhibit C then in effect and shall
become effective as of the date specified therein.
(c) The loss factor for wheeling small resources, as specified in
Exhibit D, may be revised from time to time upon notification by the City and
the Utility of system changes or Bonneville's determination that conditions at
the Project or on the Utility's system have changed sufficiently to warrant
recalculating the loss factor. Bonneville shall calculate the loss factor and
submit to the City and the Utility by letter pursuant to Exhibit D. The loss
factor shall be reviewed yearly and revised if appropriate.
6
(d) Exhibit E shall be revised, not more frequently than once during any
consecutive 12 -month period to insure Bonneville is adequately compensated.
Such new Exhibit E shall be substituted for the Exhibit E then in effect and
shall become effective as of the date specified therein.
5. Transmission of Electric Power.
(a) For each hour during the term hereof, the City shall make available
or arrange to have made available to the Utility at the Point of
Interconnection between the City and the Utility the Net Project Output.
(b) For each hour during the term hereof, the Utility shall make
available to Bonneville for the account of the City at the Point of
Integration, the Net Project Output. Such hourly amounts shall not exceed the
Transmission Demand.
(c) For each hour during the term hereof, Bonneville shall make available
to the City at the Point of Delivery for account of the City, the amount of
Electric Power made available to Bonneville pursuant to subsection 5(b)
above. Bonneville shall not be obligated to provide transmission services in
excess of the Transmission Demand.
(d) Bonneville shall add to the metered quantities monthly at the Point
of Integration and subtract from the metered quantities monthly at the Point
of Delivery the amount of the Net Project Output.
(e) Nothing contained in the power sales contract between Bonneville and
the City (Contract No. DE- MS79- 818P90450 as amended, extended or replaced)
shall limit in any way the obligation of Bonneville or the City to provide the
firm transmission services hereunder.
(f) Nothing contained in the power sales contract between Bonneville and
the Utility (Contract No. DE- MS79- 81BP90488 as amended, extended or replaced)
7
shall limit in any way the obligations of Bonneville or the Utility to provide
the firm transmission services hereunder.
(g) Bonneville may charge for resource services provided by Bonneville
for the Project pursuant to Exhibit E, if Exhibit E is developed. The
resource services may include, but shall not be limited to operating reserves
and making available amounts of Electric Power to the City, pursuant to
subsection 5(c) above, which vary from the Net Project Output.
6. Payment Provisions.
(a) The City shall pay Bonneville each month, in accordance with the
General Transmission Rate Schedule Provisions of Exhibit A, for the services
provided by Bonneville hereunder, as follows:
(1) the amount determined by multiplying the UFT charge specified in
Exhibit C by the billing demand as defined in the Use of Facilities
Transmission rate schedule included in Exhibit A; and
(2) the amount calculated pursuant to Exhibit E for resource
services.
Bonneville shall make appropriate billing adjustments during periods,
if any, when operation of the Project is limited by governmental agencies
having jurisdiction over the Project and related facilities.
(b) Ratchet Demand shall be as determined by Bonneville pursuant to
Exhibit A. A Ratchet Demand does not constitute an increase in the
Transmission Demand approved by Bonneville. Continued service at such
increased level by Bonneville shall depend on availability of facilities as
determined by Bonneville.
(c) The City shall pay the Utility each month for the transmission
services provided by the Utility hereunder as provided in the Interconnection
Agreement. Such obligation is an obligation of the City.
8
(d) To the extent that the billing determinants contained in Exhibit C
include a demand factor, which may be represented by a "transmission demand,"
"contract demand," "measured demand" or other type of demand quantity, the
billing demand and rachet provisions, if any, of the General Transmission Rate
Schedule Provisions contained in Exhibit A shall apply to the calculation of
payments.
(e) Billing for the Transmission Demand shall begin on the effective date
of the Transmission Demand, as specified in Exhibit C.
7. Termination of Agreement and Charges. This agreement may be
terminated by the City (1) upon destruction or abandonment of the Project;
(2) upon discontinuation of Project output under a final order of a public
official having authority to issue such order; (3) upon termination of the
Interconnection Agreement between the City and the Utility; or (4) upon
revocation by the Agency of a license to construct and operate the Project
from the Agency. This agreement may not be terminated by reason of a partial
reduction in generating capability. Unless otherwise mutually agreed, the
City shall provide Bonneville and the other parties hereto, 60 days prior
written notice of a termination date pursuant to this section 7. If this
agreement is terminated earlier than the term described in section 1(b) above,
or if there is a partial reduction in generating capability, the City shall
pay Bonneville as follows:
(a) monthly at a rate that shall compensate Bonneville for the annual
cost of the facilities so constructed, to the extent such facilities become
unusable in whole or in part as the result of such destruction or abandonment
of the Project or upon such partial permanent reduction or discontinuation of
Project output; or
9
(b) as mutually agreed for the unamortized unsalvageable investment plus
the cost of removal of any facilities Bonneville has constructed at Government
expense for the purpose of providing transmission service for the Project
hereunder.
8. Reactive Power. It is the intent of the parties hereto that the
voltage level at the Points of Interconnection, Points of Integration and the
Points of Delivery be controlled in accordance with prudent utility operating
practice. The parties hereto shall plan jointly and operate their systems so
as not to place an undue burden on the other party to supply or absorb
reactive power accompanying or resulting from deliveries hereunder.
9. Interconnection and Metering.
(a) Before Electric Power shall be made available to the City, all
equipment and facilities needed for safe and reliable interconnection to
Bonneville's facilities shall be installed and in operation as approved by
Bonneville. The cost of interconnection to Bonneville's facilities shall be
at the City's expense unless all parties agree otherwise.
If at any time during the term of this agreement, Project generation
creates disturbances on or otherwise degrades the integrity of the Federal
Columbia River Transmission System (FCRTS), Bonneville may interrupt
transmission services. The City, at City's expense, shall take the necessary
action to correct such problems prior to such services being resumed.
(b) Bonneville shall require use of a Revenue Metering System (RMS) unit
or like unit meeting Bonneville's specifications to meter output from the
Project. Bonneville shall perform all operation and maintenance (O&M)
services on the RMS unit. Likewise, the City shall use Jem meters or
equivalent to determine output from the Project; and the City shall perform
1 0
all O &M service on its meter. The cost associated with the purchase and
maintenance of the RMS unit including repair or replacement shall be at the
City's expense. The original purchase of the RMS unit is provided under
Agreement No. DE- AI79- 87BP72149. Installation of telecommunications equipment
for both Bonneville and City's metering equipment and all service charges
shall be at the City's expense. Ownership of the RMS equipment shall remain
with the Government.
10. General Environmental Provisions.
(a) The City shall comply with all terms and conditions of any permit,
license, law, regulation, or other approval lawfully required for or
applicable to the construction, operation, maintenance, repair,
decommissioning, or site restoration of the Project. This includes, but is
not limited to, all mitigation plans and environmental agreements which were
developed during the National Environmental Policy Act review, or other
processes.
(b) If an order of a Federal, State, or Local agency or Indian tribe
with jurisdiction or a final decision of a court of competent jurisdiction
finds that the City is in noncompliance with subsection 10(a) above, then
Bonneville may restrict transmission service otherwise to be provided pursuant
to this contract until the City provides Bonneville with evidence of
compliance, or progress towards compliance satisfactory to Bonneville.
11. Several Obligations. Except where specifically stated in this
agreement to be otherwise, the duties, obligations, and liabilities of the
parties are intended to be several and not joint or collective. Nothing
contained in this agreement creates an association, trust, partnership, or
11
joint venture or to impose a trust or partnership duty, obligation, or
liability on or with regard to any party. Each party shall be individually
and severally liable for its own obligation under this agreement.
12. Execution in Counterpart. This agreement may be executed in any
number of counterparts in which case all such counterparts shall be deemed to
constitute a single document with the same force and effect as if all parties
hereto having signed a counterpart had signed all other counterparts. The
agreement shall become effective in accordance with section 1.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in
several counterparts.
CITY OF PORT ANGELES
By
v
Title ,DIEEC7OR
Date /02/9/
/s/ ROBERT J. TITUS
CLALLAM COUNTY PUD
By
Title
Date
(5040j)
AUTHENTICATED COPY
12
UNITED STATES OF AMERICA
Department of Energy
Bonneville Power Administration
By
ATTEST:
By
Title
By
Title
Date
l'
ssistant Administrator for
Power Sales
1 40±0A,
n O��
Date 1t2- 4
/s/ BECKY J. UPTON
Director City Clerk
October 2, 1991 October 2, 1991
CLALLAM COUNTY PUD
Date October 15, 1991
(5
AUTHENTICATED COPY
joint venture or to impose a trust or partnership duty, obligation, or
liability on or with regard to any party. Each party shall be individually
and severally liable for its own obligation under this agreement.
12. Execution in Counterpart. This agreement may be executed in any
number of counterparts in which case all such counterparts shall be deemed to
constitute a single document with the same force and effect as if all parties
hereto having signed a counterpart had signed all other counterparts. The
agreement shall become effective in accordance with section 1.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in
several counterparts.
/s/ WALTER E. POLLOCK By
CITY OF PORT ANGELES ATTEST:
By By
Title Title
Date Date
By 1 --e=e t.-/ 0 _,e) t- c-.t.r- By
/s/ WILLIAM McCRORIE /s/ LARRY HAAS
12
UNITED STATES OF AMERICA
Department of Energy
Bonneville Power Administration
Assistant Administrator for
Power Sales
President, Secretar
Title Board of Commissioners Title Board of ommissioners
Date October 15, 1991
EDIT B
GWP Form -4R (04- 15 -83)
GENERAL WHEELING PROVISIONS
Index to Sections
Section Page
GENERAL APPLICATION
1. Interpretation 2
2. Definitions 2
3. Prior Demands 4
4. Measurements 4
5. Measurements and Installation of Meters 5
6. Tests of Metering Installations 5
7. Adjustment for Inaccurate Metering 5
8. Character of Service 6
9. Point(s) of Delivery and Delivery Voltage 6
10. Combining Deliveries Coincidentally 6
11. Suspension of Deliveries 6
12. 'Continuity of Service 6
13. Uncontrollable Forces 7
14. Reducing Charges for Interruptions 7
15. Net Billing 7
16. Average Power Factor' 7
17. Permits 8
18. Ownership of Facilities 8
19. Adjustment for Change of Conditions 8
20. Dispute Resolution and Arbitration 9
21. Contract Work Hours and Safety Standards 10
22. Convict Labor 11
23. Equal Employment Opportunity 11
24. Additional Provisions 12
25. Reports 12
26. Assignment of Contract 12
27. Waiver of Default 13
28. Notices and Computation of Time 13
29. Interest of Member of Congress 13
APPLICABLE ONLY IF TRANSFEREE IS A PARTY TO THIS CONTRACT
30. Balancing Phase Demands 13
31. Adjustment for Unbalanced Phase Demands 13
32. Changes in Requirements or Characteristics 13
33. Inspection of Facilities 13
34. Electric Disturbances 14
35. Harmonic Control 15
APPLICABLE ONLY IF TRANSFEREE IS NOT A PARTY TO THIS CONTRACT
36. Protection of the Transferor 15
RELATING ONLY TO RURAL ELECTRIFICATION BORROWERS
37. Approval of Contract 15
APPLICABLE ONLY IF BONNEVILLE IS THE TRANSFEROR
38. Equitable Adjustment of Rates 15
for such purpose. Bonneville, in determining the Measured Demand, will
exclude any abnormal Integrated Demands due to, or resulting from
(a) emergencies or breakdowns on, or maintenance of, either parties'
facilities, and (b) emergencies on facilities of the Transferee, provided that
such facilities have been adequately maintained and prudently operated as
determined by Bonneville.
If the contract provides for delivery of more than one class of power to a
Transferee at any Point of Delivery, the portion of each Integrated Demand
assigned to any class of power shall be determined as specified in the
contract. The portion of the Integrated Demand so assigned shall constitute
the Measured Demand for such class of power.
(e) "Month" means the period commencing at the time when the meters
mentioned in this contract are read by Bonneville and ending approximately 30
days thereafter when a subsequent reading of such meters is made by Bonneville
(f) "Point(s) of Delivery" means the point(s) of delivery listed either
in the Points of Delivery Exhibit to this contract or in the body of this
contract.
(g) "System" or "Facilities" means the transmission facilities:
(1) which are owned or controlled by either party, or (2) which either party
may use under lease, easement, or license.
(h) "Transferee" means an entity which receives power or energy from the
system of the Transferor.
(i) 'Transferor" means an entity which receives at one point on its
system a supplying entity's power or energy and makes such power or energy
available at another point on its system for the account of the delivering
entity or a third party.
(j) "Uncontrollable Forces' means:
(1) strikes or work stoppage affecting the operation of the
Contractor's works, system, or other physical facilities or of the Federal
System Facilities or the physical facilities of any Transferee upon which
such operation is completely dependent; the term "strikes or work
stoppage' shall be deemed to include threats of imminent strikes or work
stoppage which reasonably require a party or Transferee to restrict or
terminate its operations to prevent substantial loss.or damage to its
works, system, or other physical facilities; or
(2) such of the following events as the Contractor or Bonneville or
any Transferee by exercise of reasonable diligence and foresight, could
not reasonably have been expected to avoid:
(A) events, reasonably beyond the control of either party or
any Transferee, causing failure, damage, or destruction of any works
system or facilities of such party or Transferee; the word "failure°
automatically recorded by such meter or, at the request of either party, the
measurement as mutually determined by the best available information.
If it is provided in this contract that measurements made by any of the
meters specified therein are to be adjusted for losses, such adjustments shall
be made by using factors, or by compensating the meters, as agreed upon by the
parties hereto. If changes in conditions occur which substantially affect any
such loss factor or compensation, it will be changed in a manner which will
conform to such change in conditions.
5. Measurements and Installation of Meters. Bonneville may at any time
install a meter or metering equipment to make the measurements for any Point
of Delivery required for any computation or determination mentioned in this
contract, and if so installed, such measurements shall be used thereafter in
such computation or determination.
6. Tests of Metering Installations. Each party to this contract shall,
at its expense, test its metering installations associated with this contract
at least once every two years, and, if requested to do so by the other party,
shall make additional tests or inspections of such installations, the expense
of which shall be paid by such other party unless such additional tests or
inspections show the measurements of such installations to be inaccurate as
specified in section 7. Each party shall give reasonable notice of the time
when any such test or inspection is to be made to the other -party who may have
representatives present at such test or inspection. Any component of such
installations found to be defective or inaccurate shall be adjusted, repaired
or replaced to provide accurate metering..
7. Adjustment for Inaccurate Metering
(a) If any meter mentioned in this contract fails to register, or if the
measurement made by such meter during a test made as provided in section 6
varies by more than one percent from the measurement made by the standard
meter used in such test, or if an error in meter reading occurs, adjustment
shall be made correcting all measurements for the actual period during which
such innacurate measurements were made, if such period can be determined. If
such period cannot be determined, the adjustment shall be made for the period
immediately preceding the test of such meter which is equal to the lesser of
(a) one -half the time from the date of the last preceding test of such meter,
or (b) six months. Such corrected measurements shall be used to recompute the
amounts of any electric power and energy to be made available, or any credits
to be made in any exchange energy account, and of any money compensation to be
paid to the Transferor as provided in this contract.
(b) If the credit theretofore made to the Transferor in the exchange
energy account varies from the credit to be made as recomputed, the amount of
the variance will be credited in such exchange energy account to the party
entitled thereto.
(c) If the money compensation theretofore paid to the Transferor varies
from the money compensation to be paid as recomputed, the amount of the
variance will be paid to the party entitled thereto after both parties have
agreed to such recomputation and within 30 days after receipt of invoice by
the designated payment office of the payer; provided, however, that the other
13. Uncontrollable Forces. Each party shall notify the other as soon as
possible or any uncontroiiaDie Forces which may in any way affect the delivery
of power hereunder. In the event the operations of either party are
interrupted or curtailed due to such Uncontrollable Forces, such party shall
exercise due diligence to reinstate such operations with reasonable dispatch.
14. Reducing Charges for Interruptions. If deliveries of electric power
and energy to the Transferee are suspended, interrupted, interfered with or
curtailed due to Uncontrollable Forces on either the Transferee's System or
Transferor's System, or if the Transferor interrupts or reduces deliveries to
the Transferee for any of the reasons stated in section 12 hereof, the credit
in the exchange energy account which would otherwise be made, or the money
compensation which would otherwise be paid to the Transferor, shall be
appropriately reduced. No interruption, or equivalent interruption, of less
than 30 minutes duration will be considered for computation of such reduction
in charges.
15. Net Billing. Upon mutual agreement of the parties, payment due one
party may be offset against payments due the other party under all contracts
between the parties hereto for the sale and exchange of electric power and
energy, use of transmission facilities, operation and maintenance of electric
facilities, lease of electric facilities, mutual supply of emergency and
standby electric power and energy, and under such Other contracts between such
parties as the parties may agree, unless otherwise provided in existing
contracts between the parties. Under contracts included in this procedure,
all payments due one party in any month shall be offset against payments due
the other party in such month, and the resulting net balance shall be paid to
the party in whose favor such balance-exists unless the latter elects to have
such balance carried forward to be added to the payments due it in a
succeeding month.
16. Average Power Factor.
(a) The formula for determining average power factor is as follows:
Average Power Factor Kilowatthours
/(Kilowatthours)' (Reactive Kilovolt- ampere- hours)
The data used in the above formula shall be obtained from meters which are
ratcheted to prevent reverse registration.
(b) When delivery of electric power and energy by the Transferor at any
pointis commingled with any other class or classes of power and it is
impracticable to separately meter the kilowatthours and reactive
kilovolt -ampere-hours for each class, the average power factor of the total
delivery of such electric power and eners9 for the month will be used, where
applicable, as the power factor for each of the separate classes.
(c) Except as it is otherwise specifically provided in this contract, no
adjustment will be made for power factor at any point of delivery described in
this contract while the varhours delivered at such point are not measured.
equipment or facilities for that purpose shall be deemed to be a change of
conditions within the meaning of the preceding sentence.
If, pursuant to the terms of the agreement establishing such exchange
energy account, another rate is substituted for the rate to be used in
settling the balance in such account, the number of kilowatthours to be
credited to the Transferor in such account for each month as provided in this
agreement, shall be changed for each month thereafter to the amount computed
by multiplying such number of kilowatthours by 2.5 mills and dividing the
resulting product by the currently effective substituted rate in mills per
kilowatthour.
20. Dispute Resolution and Arbitration.
(a) Pending resolution of a disputed matter the parties will continue
performance of their respective obligations pursuant to this contract. If the
parties cannot reach timely mutual agreement on any matter in the
administration of this contract Bonneville shall, unless otherwise
specifically provided for in subsection (b) below and, to the extent necessary
for its continued performance, make a determination of such matter without
prejudice to the rights of the other party. Such determination shall not
constitute a waiver of any other remedy belonging to the Contractor.
(b) The questions of-fact stated below shall be subject to arbitration.
Other questions of fact under this contract may be submitted to arbitration
upon written mutual agreement of the parties. The party calling for
arbitration shall serve notice in writing upon the other party, setting forth
in detail the question or questions to be arbitrated and the arbitrator
appointed by such party. The other party shall, within 10 days after the
receipt of such notice, appoint a second arbitrator, and the two so appointed
shall choose and appoint a third. In case such other party fails to appoint
an arbitrator within said 10 days, or in case the two so appointed fail for
10 days to agree upon and appoint a third, the party calling for the
arbitration, upon 5 days' written notice delivered to the other party, shall
apply to the person who at the time shall be the presiding judge of the United
States Court of Appeals for the Ninth Circuit for appointment of the second
and third arbitrator, as the case may be.
The determination of the question or questions submitted for
arbitration shall be made by a majority of the arbitrators and shall be
binding on the parties. Each party shall pay for the services and expenses of
the arbitrator appointed by or for it, for its own attorney fees, and for
compensation for its witnesses or consultants. All other costs incurred in
connection with the arbitration shall be shared equally by the parties thereto.
The questions of fact to be determined as provided in this section
shall be limited to:
(1) the determination of the measurements to be made by the parties
hereto pursuant to section 4;
(2) the correction of the measurements to be made pursuant to
section 7;
c
(d) Subcontracts. The Contractor shall insert in any subcontracts the
clauses set rortn in subsections (a) through (c) of this provision and also a
clause requiring the subcontractors to include theseciauses in any lower tier
subcontracts which they may enter into, together with a clause requiring this
insertion in any further subcontracts that may in turn be made.
(e) Records. The Contractor shall maintain payroll records containing
the information specified in 29 CFR 516.2(a). Such records shall be preserved
for 3 years from the completion the contract.
22. Convict Labor. In connection with the performance of work under this
contract, the Contractor agrees, if and to the extent required by applicable
law or if not otherwise exempted, not to employ any person undergoing sentence
of imprisonment except as provided by Public Law 89 -176, September 10, 1965
(18 U.S.C. 4082(c)(2)) and Executive Order 11755, December 1973.
23. Equal Employment Opportunity. During the performance of this
contract, if and to the extent required by applicable law or if not otherwise
exempted, the Contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national
origin. The Contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, or national origin. Such action shall
include, but not be limited to, the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided by Bonneville setting forth the provisions of the Equal
Opportunity clause.
(b) The Contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to race,
color, religion, sex, or national origin.
(c) The Contractor will send to each labor union or representative of
workers with which said Contractor has a collective bargaining agreement or
other contract or understanding, a notice, to be provided by Bonneville,
advising the labor union or worker's representative of the Contractor's
commitments under this Equal Opportunity clause and shall post copies of the
notice in conspicuous places available to employees and applicants for
employment.
(d) The Contractor will comply with all provisions of Executive Order
No. 11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
(e) The Contractor will furnish ail information and reports required by
Executive Order No. 11246.of September 24, 1965,'and by the rules,
regulations, and relevant orders of the Secretary of Labor, or pursuant
11
to
specifically provided in this section. The consent of Bonneville is hereby
given to any security assignment or other like financing instrument which may
be required under terms of any mortgage, trust, security agreement or holder.
of such instrument of indebtedness made by and between the Contractor and any
mortgagee, trustee, secured party, subsidiary of the Contractor or holder of
such instrument of indebtedness, as security for bonds of other indebtedness
of such Contractor, present or future; such mortagagee, trustee, secured
party, subsidiary, or holder may realize upon such security in foreclosure or
other suitable proceedings, and succeed to all right, title, and interests of
such Contractor.
27. Waiver of Default. Any waiver at any time by any party to this
contract of its rights with respect to any default of any other party thereto,
or with respect to any other matter arising in connection with such contract,
shall not be considered a waiver with respect to any subsequent default or
matter.
28. Notices and Computation of Time. Any notice required by this
contract to be given to any party shall be effective when it is received by
such party, and in computing any period of time from such notice, such period
shall commence at 2400 hours on the date of receipt of such notice.
29. Interest of Member of Congress.
Congress, or Resident Commissioner shall
this contract or to any benefit that may
shall not be construed to extend to this
for its general benefit.
No Member of, or Delegate to
be admitted to any share or part of
arise therefrom, but this provision
contract if made with a- corporation
APPLICABLE ONLY IF TRANSFEREE IS A PARTY TO THIS CONTRACT
30. Balancin4 Phase Demands. If required by the Transferor at any time
during the term of this contract, the Transferee shall promptly make such
changes as are necessary on its system to balance the phase currents at any
Point of Delivery so that the current of any one phase shall not exceed the
current on any-other phase at such point by more than 10 percent.
31. Adjustment for Unbalanced Phase Demands. If the Transferee fails to
promptly make the changes mentioned to section JU, the Transferor may, after
giving written notice one month in advance, determine that the Measured Demand
of the Transferee at the Point of Delivery in question during each month
thereafter, until such changes are made, is equal to the product obtained by
multiplying by three the largest of the Integrated Demands on any phase
adjusted as appropriate to such point during such month.
32. Changes in Requirements or Characteristics. The Transferee will,
whenever possible, give reasonable notice to the transferor of any unusual
increase or decrease of its demands for electric power and energy on the
Transferor's system, or of any unusual change in the load factor or cower
factor at which the Transferee will take delivery of electric power and energy
under this contract.
33. Inspection of Facilities. Each party may for any reasonable purpose
under this contract inspect the other party's electric installation at any
reasonable time. Such inspection, or failure to inspect, shall not render
(f) Nothing in this section shall be construed to create any duty to, any
standard of care with reference to, or any liability to any person not a party
to this contract.
35. Harmonic Control. Each party shall design, construct, operate,
maintain and use its electric facilities in accordance with good engineering
practices to reduce to acceptable levels the harmonic currents and voltages
which pass into the other party's facilities. Harmonic reductions shall be
accomplished with equipment which is specifically designed and permanently
operated and maintained as an integral part.of the facilities of the party
which owns the system on which harmonics are generated.
APPLICABLE ONLY IF TRANSFEREE IS NOT A PARTY TO THIS CONTRACT
36. Protection of the Transferor. Protection is or will be afforded to
Bonneville or its Transferor under such of the following provisions and
conditions as are specified in each contract executed or to be executed by
Bonneville and each third party Transferee named in this contract: the power
factor clause of the applicable Bonneville Wholesale Rate Schedule and the
subject matter set forth in the General Contract Provisions under the
following titles, namely:
Adjustment for Unbalanced Phase Demands; Uncontrollable Forces;
Continuity of Service; Changes in Demands or Characteristics; Electric
Disturbances; Harmonic Control; Balancing Phase Demands; Permits; Ownership of
Facilities; and Inspection of Facilities.
RELATING TO RURAL ELECTRIFICATION ADMINISTRATION BORROWERS
37. Approval of Contract. If the Contractor borrows from the Rural
Electrification Administration or any other entity under an indenture which
requires the lender's approval of contracts, this contract and any amendment
thereto shall not be binding on the parties thereto if they are 'not approved
by the Rural Electrification Administration or such other entity. The
Contractor shall notify Bonneville of any such entity. If approval is given,
such contract or amendment shall be effective at the time stated therein.
APPLICABLE ONLY IF BONNEVILLE IS THE TRANSFEROR
38. Equitable Adjustment of Rates.
(a) Bonneville shall establish, periodically review and revise rates for
the wheeling of electric power and /or energy pursuant to the terms of this
contract. Such rates shall be established in accordance with applicable law.
(b) As used in this section, the words 'Rate Adjustment Date" shall mean
any date specified by Bonneville in a notice of intent to file revised rates
as published in the Federal Register; rovided, however, that such date shall
not occur sooner than (1) nine months from the date that such notice of intent
is published; or (2) twelve months from any previous Rate Adjustment Date. By
giving written notice to the Contractor 45 days prior to such Rate Adjustment
Date, Bonneville may delay such Rate Adjustment Date for up to 90 days if
Bonneville determines either that the revenue level of the proposed rates
A. Points of Integration, Points of Delivery, Transmission Demand, Charges,
and Resources.
Point of
Integration
(Voltage) (P0I)
Government's Port
Angeles Substation
69 kV
Bay 26
Point of
Delivery (POD)
(Voltage)
Government's Port
Angeles Substation
69 kV
Bay 23
(5040j)
Transmission
Demand
485 KW
Transmission Parameters
Use -of-
Facilities
Charge (UFT)
1/ Composite UFT charge based on Bays 23 26.
Exhibit C, Page 1 of 4
Contract No. DE- MS79- 918P93194
Morse Creek Hydroelectric Project
Effective at 2400 hours on the
Effective Date of this Agreement
Resource
to be
Integrated
$0.097 /kW /mo Morse Creek
1/
B. Calculation of Charges Pursuant to the UFT -83 Rate Schedule:
Facility Investment
Government's $160,631
Port Angeles
Substation
69kV
Bay 26
Bay 23 $257,740
(5040j)
Total UFT Charge
2/
I &A I &A
Annual Annual
Cost Ratio Cost
8.73 $14,023 $6,533 28,185 kW 0.729
8.73
Exhibit C, Page 2 of 4
Contract No. DE- MS79- 91BP93194
Morse Creek Hydroelectric Project
Effective at 2400 hours on the
Effective Date of this Agreement
1/
0 &M
Annual
Cost
$22,501 $6,533
3/, 4/
Sum of
Non Coincidental
Demands
66,219 kW
5/
/kW /yr.
0.438 485 kW
$1.168 /kW yr
$0.097 /kW /mo
6/
Project
Demand
485 kW
1/ 0 &M charge based on low voltage terminal in 2 -4 -91 0 &M cost tables.
2/ Normally taken from current ACR table, column (8) minus column (5), Type S5 Substation,
revised table dated 5 -3 -91.
3/ 1992 peak loads from Clailam Eastern (27,700 kW) plus Morse Creek (485 kW).
4/ 1992 peak loads from Port Angeles' City No. 1 bay (60.18 of Port Angeles' City Nos. 1
and 2) plus Morse Creek (485 kW) plus Clallam's Eastern bay (27,700 kW).
(60.18% X 63,200) 485 27,700 66,219 kW.
5/ Unit Charge (I&A Annual Cost) 0 &M Annual Cost /kW yr.
Sum of Non Coincidental Demands
Monthly Charge /kW yr) (Project Demand) /mo.
12 months
6/ Ratchets shall be handled in accordance with section 5(c).
1. MORSE CREEK HYDRO PROJECT
Demand: 485 kW;
Voltage: 12.5 kV;
Exhibit C, Page 3 of 4
Contract No. DE- MS79- 91BP93194
Morse Creek Hydroelectric Project
Effective at 2400 hours on the
Effective Date of this Agreement
B. Description of Project and Points of Integration and Points of Delivery
Location: the project is located in the NW 1/4 of Section 29, T30N,
RSW, Willamette Meridian, Clallam County, Washington; approximately
3 miles east of Port Angeles and 1 -1/2 to 2 miles south of state
route 101 and primarily east of Glass Road;
Metering: in the City's powerhouse, in the 480 volt circuit over
which such electric power and energy flows;
Adjustments: there shall be an adjustment for transformation losses
between the Project point of metering and the high side of the
Project transformer.
2. MORSE CREEK POINT OF INTERCONNECTION
Location: A point on the Utility's distribution line approximately
one half mile from the Morse Creek Hydro Project at the junction of
Glass and Boyd Roads where the distribution lines of the Utility and
the line from the City's Project interconnect;
Voltage: 12.5 kV;
Adjustments: there shall be an adjustment for transmission losses
between the Morse Creek Hydro Project and the Morse Creek Point of
Interconnection.
3. PORT ANGELES POINT OF INTEGRATION
Location: the point in Bay 26 (Clallam Co. PUD's Feeder No. 1) in
the Government's Port Angeles Substation where the 69 kV facilities
of the Utility and the Government are connected;
Voltages: 69 kV;
Metering: in the Government's Port Angeles Substation in the 69 kV
circuit over which such electric power and energy flows;
Adjustments: there shall be an adjustment for distribution losses
between the Utility's Morse Creek Point of Interconnection and the
Government's Port Angeles Point of Interconnection.
0
4. PORT ANGELES POINT OF DELIVERY
(5040j)
Voltages: 69 kV;
Exhibit C, Page 4 of 4
Contract No. DE- MS79- 91BP93194
Morse Creek Hydroelectric Project
Effective at 2400 hours on the
Effective Date of this Agreement
Location: the point in Bay 23 (Port Angeles Feeder No. 1) in the
Government's Port Angeles Substation where the 69 kV facilities of
the City and the Government are connected;
Metering: in the Government's Port Angeles Substation in the 69 kV
circuit over which such electric power and energy flows;
Adjustments: there shall be no adjustment for losses between the
Point of Interconnection and the Point of Delivery.
(5040j)
Loss Factors
Exhibit D, Page 1 of 1
Contract No. DE- MS79- 91BP93194
Morse Creek Hydroelectric Project
Effective at 2400 hours on the
Effective Date of this Agreement
The losses specified in this exhibit under Points of Interconnection and
Points of Delivery shall consist of two components. The first is the
transformation and transmission losses from the Project to the Morse Creek
Point of Interconnection, and the second is the transmission and
transformation losses from the Morse Creek Point of Interconnection to the
Port Angeles Point of Integration. No losses shall be applied between the
Port Angeles Point of Integration and the Port Angeles Point of Delivery as
specified in this exhibit. The losses between the Project Point of Metering
and the Port Angeles Point of Integration shall be submitted to the City and
the Utility by Bonneville by separate letter. The revision of these losses
shall be as specified in section 4(c).
(5040j)
Resource Services
Exhibit E, Page 1 of 1
Contract No. DE- MS79- 91BP93194
Morse Creek Hydroelectric Project
Effective at 2400 hours on the
Effective Date of this Agreement
Resource service charges shall be incorporated into Exhibit E as developed by
Bonneville according to section 4(d) of this agreement. As of the Effective
Date of this Agreement, the resource service charge is zero.
1991 Transmission Rate Schedules
anc Genera Transmission Rate Sciec u e Provisions
Bonneville
E 0)1) It A
5,211
POWER ADMINISTRATION October 1991
United States Department of Energy
Bonneville Power Administration
905 NE 11th Avenue
Portland, Oregon 97232
Bonneville Power Administration's 1991 Transmission Rate Schedules and General Transmis-
sion Rate Schedule Provisions were approved on an interim basis by the Federal Energy
Regulatory commission, United States Department of Energy, in a commission order issued
September 13, 1991 (Docket Nos. EF91 -201 1 -000, et al.). These rate schedules and provisions
supersede the Administration's Transmission Rate Schedules and General Transmission Rate
Schedule Provisons effective October 1, 1989.
TRANSMISSION RATE SCHEDULES AND
GENERAL TRANSMISSION RATE SCHEDULE PROVISIONS
General Transmission Rate Schedule Provisions
TABLE OF CONTENTS
Current Transmission Rate Schedules Page
FPT -91.1 Formula Power Transmission 1
FPT -91:3 Formula Power Transmission 2
IR -91 Integration of Resources 3
IS -91 Southern Interne Transmission 4
IN -91 Northern Interne Transmission 5
IE -91 Eastern Intertie Transmission 6
ET -91 Energy Transmission 7
MT -91 Market Transmission 8
UFT -83 Use -of- Facilities Transmission 9
TGT -1 Townsend- Garrison Transmission 10
Section I Adoption of Revised Transmission Rate Schedules and
General Transmission Rate Schedule Provisions 12
Section 11 Billing Factor Definitions and Billing Adjustments 12
Section III Other Definitions 13
Section IV Billing Information 14
SECTION 1. AVAILABILITY
This schedule supersedes schedule FPT -89.1 for all firm
transmission agreements which provide that rates may be
adjusted not more frequently than once a year It is available
for firm transmission of electric power and energy using the
Main Grid and /or Secondary System of the FCRTS. This
schedule is for full-year and partial -year service and for either
continuous or intermittent service when firm availability of
service is required. For facilities at voltages lower than the
Secondary System, a different rate schedule may be speci-
fied. Service under this schedule is subject to BPA's General
Transmission Rate Schedule Provisions (GTRSPs)
SECTION II. RATE
A. Full -Year Service
The monthly charge per kilowatt of billing demand shall
be one twelfth of the sum of the Main Grid Charge and
the Secondary System Charge, as applicable and as
specified in the Agreement.
1. Main Grid Charge
The Main Grid Charge shall be the sum of one or more
of the following component factors as specified in the
Agreement.
a. Main Grid Distance Factor: The amount com-
puted by multiplying the Main Grid Distance by
$0.0281 per mile;
b. Main Grid Interconnection Terminal Factor. $0 27;
c Main Grid Terminal Factor: $0.30,
d Main Grid Miscellaneous Facilities Factor: $1.31;
2. Secondary System Charge
The Secondary System Charge shall be the sum of one
or more of the following component factors as speci-
fied in the Agreement:
a. Secondary System Distance Factor. The amount
determined by multiplying the Secondary System
Distance by $0.1961 per mile;
b. Secondary System Transformation Factor $2.53;
c. Secondary System Intermediate Terminal Factor
$0 84;
d Secondary System Interconnection Terminal Fac-
tor. $0.44,
Schedule FPT -91.1
Formula Power Transmission
1
B. Partial -Year Service
The monthly charge per kilowatt of billing demand shall
be as specified in Section II.A for all months of the year
except for agreements with terms 5 years or less and
which specify service for fewer than 12 months per year
The monthly charge shall be:
1. During months for which service is specified, the
monthly charge defined in Section II.A, and
2. During other months, the monthly charge defined in
Section II. A multiplied by 0.2
SECTION III. BILLING FACTORS
Unless otherwise stated in the Agreement, the billing de-
mand shall be the largest of:
A. The Transmission Demand;
B. The highest hourly Scheduled Demand for the month, or
C. The Ratchet Demand.
SECTION 1. AVAILABILITY
This schedule supersedes schedule FPT -89 3 for all firm
transmission agreements which provide that rates may be
adjusted not more frequently than once every 3 years. It is
available for firm transmission of electric power and energy
using the Main Grid and /or Secondary System of the FCRTS.
This schedule is for full-year and partial -year service and for
either continuous or intermittent service when firm avail-
ability of service is required. For facilities at voltages lower
than the Secondary System, a different rate schedule may be
specified. Service under this schedule is subject to BPA's
GTRSPs.
SECTION 11. RATE
A. Full-Year Service
The monthly charge per kilowatt of billing demand shall
be one twelfth of the sum of the Main Grid Charge and
the Secondary System Charge, as applicable and as
specified in the Agreement.
1. Main Grid Charge
The Main Grid Charge shall be the sum of one or more
of the following component factors as specified in the
Agreement:
a. Main Grid Distance Factor• The amount com-
puted by multiplying the Main Grid Distance by
$0 0281 per mile;
b. Main Grid Interconnection Terminal Factor: $0.27;
c. Main Grid Terminal Factor: $0.30;
d. Main Grid Miscellaneous Facilities Factor: $1 31;
2. Secondary System Charge
The Secondary System Charge shall be the sum of one
or more of the following component factors as speci-
fied in the Agreement:
a. Secondary System Distance Factor The amount
determined by multiplying the Secondary System
Distance by $0.1961 per mile;
b. Secondary System Transformation Factor. $2.53,
c. Secondary System Intermediate Terminal Factor.
0.84;
d. Secondary System Interconnection Terminal
Factor: $0.44;
Schedule FPT -91.3
Formula Power Transmission
2
B. Partial -Year Service
The monthly charge per kilowatt of billing demand shall
be as specified in Section II A for all months of the year
except for agreements with terms 5 years or less and
which specify service for fewer than 12 months per year.
The charge shall be:
1. During months for which service is specified, the
monthly charge defined in Section II.A, and
2. During other months, the monthly charge defined in
Section II.A multiplied by 0.2.
SECTION III. BILLING FACTORS
Unless otherwise stated in the Agreement, the billing
demand shall be the largest of:
A. The Transmission Demand;
B. The highest hourly Scheduled Demand for the month; or
C. The Ratchet Demand
SECTION I. AVAILABILITY
This schedule supersedes IR -89 and is available for firm
transmission service for electric power and energy using the
Main Grid and /or Secondary System of the FCRTS. The
definitions of Main Grid and Secondary Systems are the same
as for the FPT -91.1 and FPT -91 3 rate schedules and are
contained in the GTRSPs. For facilities at voltages lower than
the Secondary System, a different rate schedule may be
specified. Service under this schedule is subject to BPA's
GTRSPs.
SECTION I1. RATE
The monthly charge shall be the sum of A and B where:
A. The Demand Charge shall be:
1. $0.312 per kilowatt of billing demand; or
2. For Points of Integration (P01) specified in the Agree-
ment as being short distance POI's, for which Main
Grid and Secondary System facilities are used for a
distance of less than 75 circuit miles, the following
formula applies:
[0.2 (0 8/75 x transmission distance)]
($0.312 per kilowatt of billing demand)
Where:
the billing demand for a short distance POI is the
demand level specified in the Agreement for such
POI, and the transmission distance is the circuit miles
between the POI for a generating resource of the
customer and a designated Point of Delivery serving
load of the customer. Short distance POI's are deter-
mined by BPA after considering factors in addition to
transmission distance.
B. The Energy Charge shall be:
.92 mills /kWh of billing energy.
Schedule IR -91
Integration of Resources
3
SECTION I11. BILLING FACTORS
To the extent that the Agreement provides for the customer
to be billed for transmission in excess of the Transmission
Demand or Total Transmission Demand, as defined in the
Agreement, at the nonfarm transmission rate (currently
ET -91), such transmission service shall not contribute to
either the Billing Demand or the Billing Energy for the IR rate
provided that the customer requests such treatment and BPA
approves in accordance with the prescribed provisions in the
Agreement.
A. Billing Demand
The billing demand shall be the largest of:
1. The Transmission Demand, except under General
Transmission Agreements where a Total Trans-
mission Demand is defined;
2. The highest hourly Scheduled Demand for the month;
or
3. The Ratchet Demand.
B. Billing Energy
The billing energy shall be the monthly sum of sched-
uled kilowatthours.
t
SECTION I. AVAILABILITY
This schedule supersedes IS -89 and is available for all
transmission on the Southern Intertie Service under this
schedule is subject to BPA's GTRSPs
SECTION II. RATE
A. Nonfirm Rate
The charge for nonfirm transmission of non -BPA power
shall be 2.1 mills /kWh of billing energy. This charge
applies for both north -to -south and south -to -north trans-
actions
B. Firm Power Transmission Rate
The charge for firm transmission service granted access
by BPA shall be $0.450 per kW per month of billing
demand and 1.02 mills /kWh of billing energy. Firm
transmission will only be made available to customers
under this rate schedule who have executed a contract
with BPA specifying use of the Firm Power Transmission
rate for either north -to -south or south -to -north trans-
actions.
SECTION III. BILLING FACTORS
A. For services under Section II.A, the billing energy shall
be the monthly sum of the scheduled kilowatthours, plus
the monthly sum of kilowatthours allocated but not
scheduled. The amount of allocated but not scheduled
energy that is subject to billing may be reduced pro rata
by BPA due to forced Interne outages and other uncon-
trollable forces that may reduce Interne capacity The
amount of allocated but not scheduled energy that is
subject to billing also may he reduced upon mutual
agreement between BPA and the customer.
B. For services under Section II.B, the billing demand shall
be the Transmission Demand as defined in the Agree-
ment. The billing energy shall be the monthly sum of
scheduled kilowatthours, unless otherwise specified in
the Agreement.
Schedule IS -91
Southern Intertie Transmission
4
SECTION 1. AVAILABILITY
This schedule supersedes IN -89 and is available for all
transmission on the Northern Intertie. Service under this
schedule is subject to BPA's General Transmission Rate
Schedule Provisions.
SECTION II. RATE
The charge for transmission of non -BPA power on the
Northern Interne shall be 0.96 mills /kWh.
SECTION III. BILLING FACTORS
Billing Energy
The billing energy shall be the monthly sum of the scheduled
ki lowatthours.
Schedule IN -91
Northern Intertie Transmission
SECTION I. AVAILABILITY
This schedule supersedes IE -89 and is available for all
nonfirm transmission on the Eastern Intertie. Service under
this schedule is subject to BPA's General Transmission Rate
Schedule Provisions.
SECTION II. RATE
The charge for transmission of nonfirm energy on the Eastern
!ntertie shall be 2.02 mills /kWh.
SECTION III. BILLING FACTORS
Billing Energy
The billing energy shall be the monthly sum of the scheduled
kilowatthours.
Schedule IE -91
Eastern Intertie Transmission
6
I
SECTION I. AVAILABILITY
This schedule supersedes ET -89, unless otherwise specified
in the Agreement, with respect to delivery using FCRTS
facilities other than the Southern Intertie, Eastern Intertie, or
the Northern Intertie, and is available for firm (of not more
than 1 year duration) or nonfirm transmission between points
within the Pacific Northwest. BPA may interrupt nonfarm
service which is provided under this rate schedule. Service
under this schedule is subject to BPA's GTRSPs
SECTION II. RATE
The charge for transmission of non -BPA electric energy shall
be 1.81 mills /kWh.
SECTION I11. BILLING FACTORS
Billing Energy
The billing energy shall be the monthly sum of scheduled
ki lowatthou rs.
Schedule ET -91
Energy Transmission
7
SECTION I. AVAILABILITY
This schedule supersedes MT -89 and is available for Trans-
mission Service for transactions using FCRTS facilities pursu-
ant to the Western Systems Power Pool (WSPP) Agreement.
Service under this schedule is subject to BPA's General
Transmission Rate Schedule Provisions.
SECTION I1. RATE
The charge shall be determined in advance by BPA. The
charge shall be based on the duration of the proposed
transaction and shall not exceed the following rates.
A. Hourly Rate
The maximum charge shall be 6.5 mills perkilowatthour
where the total hourly revenues from a given transaction
during a calendar day shall not exceed the product of the
Daily rate and the maximum demand scheduled during
such day.
B. Daily Rate
The maximum charge shall be $.105 per kilowattday
where the total demand charge revenues in any con-
secutive 7 -day period shall not exceed the product of the
Weekly rate and the highest demand experienced on
any day in the 7 -day period.
C. Weekly Rate
The maximum charge shall be $.52 per kilowattweek.
D. Monthly Rate
The maximum charge shall be $2.27 per kilowattmonth.
SECTION I11. BILLING FACTORS
The billing factors shall be specified in advance by BPA, as
to representing the Transmission Service use or reservation
Schedule MT -91
Market Transmission
8
SECTION I. AVAILABILITY
This schedule supersedes UFT -1 and UFT -2 unless otherwise
provided in the Agreement, and is available for firm transmis-
sion over specified FCRTS facilities.
SECTION 1I. RATE
The monthly charge per kilowatt of Transmission Demand
specified in the Agreement shall be one twelfth of the annual
cost of capacity of the specified facilities divided by the sum
of Transmission Demands (in kilowatts) using such facilities.
Such annual cost shall be determined in accordance with
Section III.
SECTION III. DETERMINATION OF
TRANSMISSION RATE
A. From time to time, but not more often than once in each
Contract Year, BPA shall determine the following data
for the facilities which have been constructed or other-
wise acquired by BPA and which are used to transmit
electric power and energy:
1. The annual cost of the specified FCRTS facilities, as
determined from the capital cost of such facilities and
annual cost ratios developed from the FCRPS finan-
cial statement, including interest and amortization,
operation and maintenance, administrative and gen-
eral, and general plant costs.
2. The yearly noncoincident peak demands of all users
of such facilities or other reasonable measurement of
the facilities' peak use.
B. The monthly charge per kilowatt of billing demand shall
be one twelfth of the sum of the annual cost of the FCRTS
facilities used divided by the sum of Transmission De-
mands The annual cost per kilowatt of Transmission
Demand for a facility constructed or otherwise acquired
by BPA shall be determined in accordance with the
following formula:
A
D
Where:
A The annual cost of such facility as determined in
accordance with A.1. above
D =The sum of the yearly noncoincident demands on
the facility as determined in accordance with A.2. above
Schedule UFT -83
Use -of- Facilities Transmission
9
The annual cost per kilowatt of facilities listed in the
Agreement which are owned by another entity, and used
by BPA for making deliveries to the transferee, shall be
determined from the costs specified in the Agreement
between BPA and such other entity.
SECTION IV. DETERMINATION OF BILLING
DEMAND
Unless otherwise stated in the Agreement, the factor to be
used in determining the kilowatts of billing demand shall be
the largest of:
A. The Transmission Demand in kilowatts specified in the
Agreement;
B. The highest hourly Measured or Scheduled Demand for
the month, the Measured Demand being adjusted for
power factor; or
C. The Ratchet Demand.
SECTION I. AVAILABILITY
This schedule shall apply to all agreements which provide for
the firm transmission of electric power and energy over
transmission facilities of BPA's section of the Montana
[Eastern] Interne.
SECTION I1. RATE
The monthly charge shall be one twelfth of the sum of the
annual charges listed below, as applicable and as specified
in the agreements for firm transmission. The Townsend
Garrison 500 -kV lines and associated terminal, linecompen-
sation, and communication facilities are a separately identi-
fied portion of the Federal Transmission System. Annual
revenues plus credits for government use should equal
annual costs of the facilities, but in any given year there may
be either a surplus or a deficit. Such surpluses or deficits for
any year shall be accounted for in the computation of annual
costs for succeeding years. Revenue requirements for firm
transmission use will be decreased by any revenues received
from nonfirm use and credits for all government use. The
general methodology for determining the firm rate is to
divide the revenue requirement by the total firm capacity
requirements. Therefore, the higher the total capacity
requirements, the lower will be the unit rate.
If the government provides firm transmission service in its
section of the Montana [Eastern] Interne in exchange for firm
transmission service in a customer's section of the Montana
Intertie, the payment by the government for such transmis-
sion services provided by such customer will be made in the
form of a credit in the calculation of the Interne Charge for
such customer. During an estimated 1 -to 3 -year period
following the commercial operation of the third generating
unit at the Colstrip Thermal Generating Plant at Colstrip,
Montana, the capability of the Federal Transmission System
west of Garrison Substation may be different from the long-
term situation. It may not be possible to complete the
extension of the 500 -kV portion of the Federal Transmission
System to Garrison by such commercial operation date In
such event, the 500/230 kV transformer will be an essential
extension of the Townsend Garrison Interne facilities, and
the annual costs of such transformer will be included in the
calculation of the Intertie Charge.
However, starting 1 month after extension to Garrison of the
500 -kV portion of the Federal Transmission System, the
annual costs of such transformer will no longer be included
in the calculation of the Intertie Charge.
Schedule TGT -1
Townsend Garrison Transmission
10
A. Nonfirm Transmission Charge:
This charge will be filed as a separate rate schedule and
revenues received thereunder will reduce the amount of
revenue to be collected under the Interne Charge below
B. Intertie Charge for Firm Transmission Service:
(CR -EC)
Interne Charge [(TAC /12 -NFR) x
TCR
SECTION III. DEFINITIONS
A. TAC =Total Annual Costs of facilities associated with the
Townsend- Garrison 500 -kV Transmission line includ-
ing terminals, and prior to extension of the 500 -kV
portion of the Federal Transmission System to Garrison,
the 500/230 kV transformer at Garrison Such annual
costs are the total of (1) interest and amortization of
associated Federal investment and the appropriate allo-
cation of general plant costs, (2) operation and mainte-
nance costs; (3) allowance for BPA's general administra-
tive costs which are appropriately allocable to such
facilities, and (4) payments made pursuantto section 7(m)
of Public Law 96 -501 with respect to these facilities.
Total Annual Costs shall be adjusted to reflect reductions
to unpaid total costs as a result of any amounts received,
under agreements for firm transmission service over the
Montana Interne, by the government on account of any
reduction in Transmission Demand, termination or par-
tial termination of any such agreement or• otherwise to
compensate BPA for the unamortized investment, an-
nual cost, removal, salvage, or other cost related to such
facilities.
B. NFR Nonfirm Revenues, which are equal to: (1) the
product of the Nonfirm Transmission Charge described
in II(A) above, and the total nonfirm energy transmitted
over the Townsend Garrison line segment under such
charge for such month; plus (2) the product of the
Nonfirm Transmission Charge and the total nonfirm
energy transmitted in either direction by the Govern-
ment over the Townsend- Garrison line segment for such
month.
C. CR Capacity Requirement of a customer on the
Townsend Garrison 500 -kV transmission facilities as
specified in its firm transmission agreement.
I
D. TCR Total Capacity Requirement on the Townsend
Garrison 500 -kV transmission facilities as calculated by
adding: (1) the sum of all Capacity Requirements (CR)
specified in transmission agreements described in
section 1; and (2) the Government's firm capacity re-
quirement. The Government's firm capacity require-
ment shall be no less than the total of the amounts, if any,
specified in firm transmission agreements for use of the
Montana Intertie
E. EC Exchange Credit for each customer which is the
product of (1) the ratio of investment in the Townsend
Broadview 500 -kV transmission line to the investment in
the Townsend Garrison 500 -kV transmission line, and
(2) the capacity which the Government obtains in the
Townsend Broadview 500- kVtransmission linethrough
exchange with such customer. If no exchange is in effect
with a customer, the value of EC for such customer shall
be zero
11
General Transmission Rate Schedule Provisions
SECTION I. ADOPTION OF REVISED TRANS-
MISSION RATE SCHEDULES
AND GENERAL TRANSMISSION
RATE SCHEDULE PROVISIONS
A. Approval of Rates
These rate schedules and GTRSPs shall become effective
upon interim approval or upon confirmation and
approval by FERC. BPA will request FERC approval
effective October 1, 1991 BPA is requesting that all
proposed Transmission Rate Schedules be effective for
a period of 2 years, from October 1, 1991 through
September 30, 1993.
B. General Provisions
These 1991 Transmission Rate Schedules and associ-
ated GTRSPs are virtually identical to and supersede
BPA's 1989 Transmission
Rate Schedules and GTRSPs (which became effective
October 1, 1989) but do not supersede prior rate sched-
ules required by agreement to remain in force.
Transmission service provided shall be subject to the
following Acts, as amended. the Bonneville Project Act,
the Regional Preference Act (P.L 88 -552), the Federal
Columbia River Transmission System Act, and the Pa-
cific Northwest Electric Power Planning and Conserva-
tion Act.
The meaning of terms used in the transmission rate
schedules shall be as defined in agreements or provi-
sions which are attached to the Agreement or as in any
of the above Acts.
C. Interpretation
If a provision in the executed Agreement is in conflict
with a provision contained herein, the former shall
prevail
SECTION II. BILLING FACTOR DEFINITIONS
AND BILLING ADJUSTMENTS
A. Billing Factors
1. Scheduled Demand
The largest of hourly amounts wheeled which are
scheduled by the customer during the time period
specified in the rate schedules.
12
2. Metered Demand
The Metered Demand in kilowatts shall be the largest
of the 60- minute clock -hour integrated demands
measured by meters installed at each POD during
each time period specified in the applicable rate
schedule. Such measurements shall be made as
specified in the Agreement. BPA, in determining the
Metered Demand, will exclude any abnormal read-
ings due to or resulting from (a) emergencies or
breakdowns on, or maintenance of, the FCRTS, or
(b) emergencies on the customer's facilities, provided
that such facilities have been adequately maintained
and prudently operated as determined by BPA. If
more than one class of power is delivered to any
POD, the portion of the metered quantities assigned
to any class of power shall be as agreed to by the
parties The amount so assigned shall constitute the
Metered Demand for such class of power.
3. Transmission Demand
The demand as defined in the Agreement.
4. Total Transmission Demand
The sum of the transmission demands as defined in
the Agreement.
5. Ratchet Demand
The maximum demand established during the previ-
ous 11 billing months. Exception: If a Transmission
Demand or Total Transmission Demand has been
decreased pursuant to the terms of the Agreement
during the previous 11 billing months, such decrease
will be reflected in determining the Ratchet Demand
B. Billing Adjustments
Average Power Factor
The adjustment for average power factor, when speci-
fied in a transmission rate schedule or in the Agreement,
shall be made in accordance with the average power
factor section of the General Wheeling Provisions.
To maintain acceptable operating conditions on the
Federal system, BPA may restrict deliveries of power at
any time that the average leading power factor or aver-
age lagging power factor for all classes of power deliv-
ered to such point or to such system is below 85 percent.
SECTION I11. OTHER DEFINITIONS
Definitions of the terms below shall be applied to these
provisions and the Transmission Rate Schedules, unless
otherwise defined in the Agreement
A. Agreement
An agreement between BPA and a customer to which
these rate schedules and provisions may be applied.
B. Decremental Cost
As used in the MT rate schedule, Decremental Cost is as
defined in the WSPP Agreement.
C. Eastern Intertie
The segment of the FCRTS for which the transmission
facilities consist of the Townsend Garrison double
circuit 500 kV transmission line segment including
related terminals at Garrison
D. Electric Power
Electric peaking capacity (kW) and /or electric energy
(kWh).
E. FCRTS
The transmission facilities of the Federal Columbia River
Power System, which include all transmission facilities
owned by the government and operated by BPA, and
other facilities over which BPA has obtained trans-
mission rights.
F. Firm Transmission Service
Transmission service which BPA provides for any non
BPA power except for transmission service which is
scheduled as nonfarm. If the firm service is provided
pursuant to the Agreement, the terms of the Agreement
may further define the service.
G. Integrated Network
The segment of the FCRTS for which the transmission
facilities provide the bulk of transmission of electric
power within the Pacific Northwest, excluding facilities
not segmented to the network in the Wholesale Power
Rate Development Study used in BPA's rate develop-
ment
H. Main Grid
As used in the FPT and IR rate schedules, that portion of
the Integrated Network with facilities rated 230 kV and
higher
I. Main Grid Distance
As used in the FPT rate schedules, the distance in airline
miles on the Main Grid between the POI and the POD,
multiplied by 1.15.
13
1.
Main Grid Interconnection Terminal
As used in the FPT rate schedules, Main Grid terminal
facilities that interconnect the FCRTS with non -BPA
facilities.
K. Main Grid Miscellaneous Facilities
As used in the FPT rate schedules, switching, transforma-
tion, and other facilities of the Main Grid not included in
other components.
L. Main Grid Terminal
As used in the FPT rate schedules, the Main Grid terminal
facilities located at the sending and /or receiving end of
a line exclusive of the Interconnection terminals.
M. Nonfirm Transmission Service
Interruptible transmission service which BPA may pro-
vide for non -BPA power.
N. Northern Intertie
The segment of the FCRTS for which the transmission
facilities consist of two 500 kV lines between Custer
Substation and the United States Canadian border, one
500 kV line between Custer and Monroe Substations,
and two 230 kV lines from Boundary Substation to the
United States Canadian border, and the associated sub-
station facilities.
O. Point of Integration (P01)
Connection points between the FCRTS and non -BPA
facilities where non Federal power is made available to
BPA for wheeling.
P. Point of Delivery (POD)
Connection points between the FCRTS and non -BPA
facilities where non Federal power is delivered to a
customer by BPA.
Secondary System
As used in the FPT and IR rate schedules, that portion of
the Integrated Network facilities with operating voltage
of 115 kV or 69 kV
R. Secondary System Distance
As used in the FPT rate schedules, the number of circuit
miles of Secondary System transmission lines between
the secondary POI and the Main Grid or the secondary
POD, or the Main Grid and the secondary POD.
S. Secondary System Interconnection Terminal
As used in the FPT rate schedules, the terminal facilities
on the Secondary System that interconnect the FCRTS
with non -BPA facilities.
Q.
T. Secondary System Intermediate Terminal
As used in the FPT rate schedules, the first and final
terminal facilities in the Secondary System transmission
path exclusive of the Secondary System Interconnection
terminals.
U. Secondary Transformation
As used in the FPT rate schedules, transformation from
Main Grid to Secondary System facilities.
V. Southern Intertie
The segment of the FCRTS for which the major transmis-
sion facilities consist of two 500 kV AC lines from John
Day Substation to the Oregon California border, a por-
tion of the 500 kV AC line from Buckley Substation to
Summer Lake Substation, and one 1,000 kV DC line
between the Celilo Substation and the Oregon- Nevada
border, and associated substation facilities.
W. Transmission Service
As used in the MT rate schedule, Transmission Service is
as defined in the WSPP Agreement.
SECTION IV. BILLING INFORMATION
A. Payment of Bills
Bills for transmission service shall be rendered monthly
by BPA. Failure to receive a bill shall not release the
customer from liability for payment. Bills for amounts
due of $50,000 or more must be paid by direct wire
transfer; customers who expect that their average monthly
bill will not exceed $50,000 and who expect special
difficulties in meeting this requirement may request, and
BPA may approve, an exemption from this requirement.
Bills for amounts due BPA under $50,000 may be paid
by direct wire transfer or mailed to the Bonneville Power
Administration, P.O. Box 6040, Portland, Oregon 97228-
6040, or to another location as directed by BPA. The
procedures to be followed in making direct wire trans-
fers will be provided by the Office of Financial Manage-
ment and updated as necessary.
1. Computation of Bills
The transmission billing determinant is the electric
power quantified by the method specified in the
Agreement or Transmission Rate Schedule. Sched-
uled power or metered power will be used
The transmission customer shall provide necessary
information to BPA for any computation required to
determine the proper charges for use of the FCRTS,
and shall cooperate with BPA in the exchange of
additional information which may be reasonably
useful for respective operations.
14
Demand and energy billings for transmission service
under each applicable rate schedule shall be rounded
to whole dollar amounts, by eliminating any amount
which is less than 50 cents and increasing any amounts
from 50 cents through 99 cents to the next higher
dollar.
2. Estimated Bills
At its option, BPA may elect to render an estimated
bill to be followed at a subsequent billing date by a
final bill. The estimated bill shall have the validity of
and be subject to the same payment provisions as a
final bill.
3. Billing Month
For charges based on scheduled quantities, the billing
month is the calendar month. For charges based on
metered quantities, the billing month is defined as the
interval between scheduled meter reading dates. The
billing month will not exceed 31 days in any case.
While it may be necessary to read meters on a day
other than the scheduled meter reading date, for
determination of billing demand, the billing month
will cease at 2400 hours on the last scheduled meter
reading date. Schedules will be predetermined. The
customer must give 30 days notice to request a change
to the schedule.
4. Due Date
Bills shall be due by close of business on the 20th day
after the date of the bill (due date). Should the 20th
day be a Saturday, Sunday, or holiday (as celebrated
by the customer), the due date shall be the next
following business day.
5. Late Payment
Bills not paid in full on or before close of business on
the due date shall be subject to a penalty charge of
$25. In addition, an interest charge of one twentieth
percent (0.05 percent) shall be applied each day to
the sum of the unpaid amount and the penalty charge.
This interest charge shall be assessed on a daily basis
until such time as the unpaid amount and penalty
charge are paid in full
Remittances received by mail will be accepted with-
out assessment of the charges referred to in the
preceding paragraph provided the postmark indi-
cates the payment was mailed on or before the due
date Whenever a power bill or a portion thereof
remains unpaid subsequent to the due date and after
giving 30 days' advance notice in writing, BPA may
cancel the contract for service to the customer. How-
ever, such cancellation shall not affect the customer's
liability for any, charges accrued prior thereto under
such agreement.
6. Disputed Billings
In the event of a disputed billing, full payment shall be
rendered to BPA and the disputed amount noted.
Disputed amounts are subject to the late payment
provisions specified above. BPA shall separately
account for the disputed amount. If it is determined
that the customer is entitled to the disputed amount,
BPA shall refund the disputed amount with interest, as
determined by BPA's Office of Financial Manage-
ment.
BPA retains the right to verify, in a manner satisfactory
to the Administrator, all data submitted to BPA for use
in the calculation of BPA's rates and corresponding
rate adjustments. BPA also retains the right to deny
eligibility for any BPA rate or corresponding rate
adjustment until all submitted data have been ac-
cepted by BPA as complete, accurate, and appropri-
ate for the rate or adjustment under consideration.
7. Revised Bills
As necessary, BPA may render a revised bill.
a. I f the amount of the revised b i l l is less than or equal
to the amount of the original bill, the revised bill
shall replace all previous bills issued by BPA that
pertain to the specified customer for the specified
billing period and the revised bill shall have the
same date as the replaced bill.
b. If a revision causes an additional amount to be due
BPA or the specified customer beyond the amount
of the original bill, a revised bill will be issued for
the difference and the date of the revised bill shall
be its date of issue.
15
16 5,
EXHIBIT
GWP Fora -4R (04- 15 -83)
GENERAL WHEELING PROVISIONS
Index to Sections
Section Page
GENERAL APPLICATION
1. Interpretation 2
2. Definitions 2
3. Prior Demands 4
4. Measurements 4
5. Measurements and Installation of Meters 5
6. Tests of Metering Installations 5
7. Adjustment for Inaccurate Metering 5
8. Character of Service 6
9. Point(s) of Delivery and Delivery Voltage 6
10. Combining Deliveries Coincidentally 6
11. Suspension of Deliveries 6
12. 'Continuity of Service
13. Uncontrollable Forces 7
14. Reducing Charges for Interruptions 7
15. Net Billing 7
16. Average Power Factor' 7
17. Permits 8
18. Ownership of Facilities 8
19. Adjustment for Change of Conditions 8
20. Dispute Resolution and Arbitration 9
21. Contract Work Hours and Safety Standards 10
22. Convict Labor 11
23. Equal Employment Opportunity 11
24. Additional Provisions 12
25. Reports 12
26. Assignment of Contract 12
27. Waiver of Default 13
28. Notices and Computation of Time 13
29. Interest of Member of Congress 13
APPLICABLE ONLY IF TRANSFEREE IS A PARTY TO THIS CONTRACT
30. Balancing Phase Demands 13
31. Adjustment for Unbalanced Phase Demands 13
32. Changes in Requirements or Characteristics 13
33. Inspection of Facilities 13
34. Electric Disturbances 14
35. Harmonic Control 15
APPLICABLE ONLY IF TRANSFEREE IS NOT A PARTY TO THIS CONTRACT
36. Protection of the Transferor 15
RELATING ONLY TO RURAL ELECTRIFICATION BORROWERS
37. Approval of Contract 15
APPLICABLE ONLY IF BONNEVILLE IS THE TRANSFEROR
38. Equitable Adjustment of Rates 15
1. Interpretation.
GENERAL APPLICATION
(a) The provisions in this exhibit shall be deemed to be a part of the
contract body to which they are an exhibit. If a provision in such contract
body is in conflict with. a provision contained herein, the former shall
prevail.
(b) If a provision in the General Transmission Rate Schedule Provisions
is in conflict with a provision in this exhibit or the contract body, this
exhibit or the contract body shall prevail.
(c) Nothing contained in this contract shall, in any manner, be construed
to abridge, limit, or deprive any party thereto of any means of enforcing any
remedy, either at law or in equity, for the breach of any of the provisions
thereof whicn it would otherwise have.
2. Definitions. As used in this contract:
(a) 'Contractor,' "Utility" or "Borrower" deans the party to this
contract other than Bonneville.
(b•) 'Federal System" or "Federal System Facilities" means the facilities
of the Federal Columbia River Power System, which for the purposes of this
contract shall be deemed to include the generating facilities of the
Government in the Pacific Northwest for which Bonneville is designated as
marketing agent; the facilities of the Government under the Jurisdiction of
Bonneville; and any other facilities:
(1) from which Bonneville receives all or a portion of the
generating capability (other than station service) for use in meeting
Bonneville's loads, such facilities being included only to the extent
Bonneville has the right to receive such capability; provided, however,
that Bonneville's loads" shall not include that portion of the loads of
any Bonneville customer which are served by a nonfederal generating
resource purchased or owned directly by such customer which may be
scheduled by Bonneville;
(2) which Bonneville may use under contract, or license; or
(3) to the extent of the rights acquired by Bonneville pursuant to
the Treaty, between the Government and Canada, relating to the cooperative
development of water resources of the Columbia River Basin, signed in
Washington, D.C., on January 17, 1961.
(c) 'Integrated Demand" means the number of kilowatts which is equal to
the number of kilowatt -hours delivered at any point during a clock hour.
•(d) "Measured Demand' means the maximum Integrated Demand for a billing
month determined from measurements made as specified in the contract or as
determined in section 4 hereof when metering or other data are not available
for such purpose. Bonneville, in determining the Measured Demand, will
exclude any abnormal Integrated Demands due to, or resulting from
(a) emergencies or breakdowns on, or maintenance of, either parties'
facilities, and (b) emergencies on facilities of the Transferee, provided that
such facilities have been adequately maintained and prudently operated as
determined by Bonneville.
If the contract provides for delivery of more than one class of power to a
Transferee at any Point of Delivery, the portion of each Integrated Demand
assigned to any class of power shall be determined as specified in the
contract. The portion of the Integrated Demand so assigned shall constitute
the Measured Demand for such class of power.
(e) "Month" means the period commencing at the time when the meters
mentioned in this contract are read by Bonneville and ending approximately 30
days thereafter when a subsequent reading of such meters is made by Bonneville.
(f) "Point(s) of Delivery" means the point(s) of delivery listed either
in the Points of Delivery Exhibit to this contract or in the body of this
contract.
(g) "System" or "Facilities" means the transmission facilities:
(1) which are owned or controlled by either party, or (2) which either party
may use under lease, easement, or license.
(h) 'Transferee" means an entity which receives power or energy from the
system of the Transferor.
(i) 'Transferor' means an entity which receives at one point on its
system a supplying entity's power or energy and makes such power or energy
available at another point on its. system for the account of the delivering
entity or a third party.
(j) 'Uncontrollable Forces' means:
(1) strikes or work stoppage affecting the operation of the
Contractor's works, system, or other physical facilities or of the Federal
System Facilities or the physical facilities of any Transferee upon which
such operation is completely dependent; the term 'strikes or work
stoppage' shall be deemed to include threats of imminent strikes or work
stoppage which reasonably require a party or Transferee to restrict or
terminate its operations to prevent substantial loss.or damage to its
works, system, or other physical facilities; or
(2) such of the following events as the Contractor or Bonneville or
any Transferee by exercise of reasonable diligence and foresight, could
not reasonably have been expected to avoid:
(A) events, reasonably beyond the control of either party or
any Transferee, causing failure, damage, or destruction of any works,
system or facilities of such party or Transferee; the word "failure"
3. Prior Demands.
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 operation of, or which constitute an imminent threat of
damage to, any such works, system, or facilities; and
(C) orders and temporary or permanent injunctions which prevent
operation, in whole or in part, of the works, system, or facilities
of either party or any Transferee, and which are issued in any bona
fide proceeding by:
i. any duly constituted court of general jurisdiction; or
ti. any administrative agency or officer, other than
Bonneville or its officers, provided by law (a) ff said party or
Transferee has no right to a review of the validity of such
order by a court of competent jurisdiction; or (b) if such order
Is operative and effective unless suspended, set aside, or
annulled by a court of competent jusidiction and such order is
not suspended, set aside, or annulled in a judicial proceeding
prosecuted by said party or Transferee in good faith; provided,
however, that if such order is suspended, set aside, or annuiied
in sucn 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 or Transferee, shall
not be required to prosecute such a proceeding, in order to have
the benefits of this section, if the parties agree that there is
no valid basis for contesting the order.
The term 'operation" as used in this subsection shall be deemed
to include construction, if construction is required to implement the
contract and is specified therein.
(a) In determining any credit demand mentioned in, or money compensation
to be paid under this contract for any month, Integrated Demands at which
electric energy was delivered by the Transferor at Points of Delivery
mentioned herein for the account of the other party to this contract prior to
the date upon which the contract takes effect shall be considered in the same
manner as if this contract had been in effect.
(b) If either party has delivered electric power and energy to the other
party at any Point of Delivery specified iii this contract or in any previous
contract, and such Point of Delivery is superseded by another Point of
Delivery specified in this contract, the Measured Demands, if any, at the
superseded Point of Delivery shall be considered for the purpose of
determining. the charges paid to the Transferor for the electric power and
energy delivered under this contract at such superseded point.
4. Measurements. Except as it is otherwise provided in section 7, each
measurement or each meter mentioned in this contract shall be the measurement
automatically recorded by such meter or, at the request of either party, the
measurement as mutually determined by the best available information.
If it is provided in this contract that measurements made by any of the
meters specified therein are to be adjusted for losses, such adjustments shall
be made by using factors, or by compensating the meters, as agreed upon by the
parties hereto. If changes in conditions occur which substantially affect any
such loss factor or compensation, it will be changed in a manner which will
conform to such change in conditions.
S. Measurements and Installation of Meters. Bonneville may at any time
install a meter or metering equipment to make the measurements for any Point
of Delivery required for any computation or determination mentioned in this
contract, and if so installed, such measurements shall be used thereafter in
such computation or determination.
6. Tests of Metering Installations. Each party to this contract shall,
at its expense, test its metering installations associated-with this contract
at least once every two years, and, if requested to do so by the other party,
shall make additional tests or inspections of such installations, the expense
of which shall be paid by such other party unless such additional tests or
inspections show the measurements of such installations to be inaccurate as
specified in section 7. Each party shall give reasonable notice of the time
when any such test or inspection is to be made to the other party who may have
representatives present at such test or inspection. Any component of such
installations found to be defective or inaccurate shall be adjusted, repaired
or replaced to provide accurate metering..
7. Adjustment for Inaccurate Metering
(a) If any meter mentioned in this contract fails to register, or if the
measurement made by such meter during a test made as provided in section 6
varies by more than one percent from the measurement made by the standard
meter used in such test, or if an error in meter reading occurs, adjustment
shall be made correcting all measurements for the actual period during which
such innacurate measurements were made, if such period can be determined. If
such period cannot be determined, the adjustment shall be made for the period
immediately preceding the test of such meter which is equal to the lesser of
(a) one —half the time from the date of the last preceding test of such meter,
or (b) six months. Such corrected measurements shall be used to recompute the
amounts of any electric power and energy to be made available, or any credits
to be made in any exchange energy account, and of any money compensation to be
paid to the Transferor as provided in this contract.
(b) If the credit theretofore made to the Transferor in the exchange
energy account varies from the credit to be made as recomputed, the amount of
the variance will be credited in such exchange energy account to the party
entitled thereto.
(c) If the money compensation theretofore paid to the Transferor varies
from the money compensation to be paid as recomputed, the amount of the
variance will be paid to the party entitled thereto after both parties have
agreed to such recomputation and within 30 days after receipt of invoice by
the designated payment office of the payer; provided, however, that the other
party may deduct such amount due it from any money compensation which
thereafter becomes due the Transferor under this contract.
8. Character of Service. Unless otherwise specifically provided for in
the contract, electric power and energy made available pursuant to this
contract shall be in the form of three -phase current, alternating at a nominal
frequency of 60 hertz.
9. Point(s) of Delivery and Delivery Voltage. Electric power and energy
shall be delivered to each Transferee at such point or points and at such
voltage or voltages as are agreed upon by the parties hereto.
10. Combining Deliveries Coincidentally. If it is provided in this
contract that charges tor electric power and energy made available at two or
more Points of Delivery will be made by combining deliveries at such points
coincidentally:
(a) the total Measured Demand to be considered in determining the billing
demand for each billing month shall be the largest sum obtained by adding for
each demand interval of such month the corresponding Integrated Demands of the
Transferee at all such points after adjusting said Integrated Demands as
appropriate to such points;
(b) the number of kilowathours to be used in the energy
charge, if any, and the average power factor at which electric energy is
delivered at such points under this contract, during such month, shall be the
sum of the amounts of electric energy delivered. at such points under this
contract during such month; and
(c) the number of reactive kilovolt- ampere -hours to be used in
determining such average monthly power factor shall be the sum of the reactive
kilovolt- ampere -hours delivered at such points under this contract such month.
11. Suspension of Deliveries. The other party to this contract may at
any time notify the Transferor in writing to suspend the deliveries of
electric power and energy provided for in this contract. Upon receipt of any
such notice, the Transferor will forthwith discontinue, and will not resume,
such deliveries until notified to do so by the other party, and upon receipt
of such notice from the other party to do so, will forthwith resume such
deliveries.
12. Continuity of Service. Either party may temporarily interrupt or
reduce deliveries of electric power and energy if such party determines that
such interruption or reduction is necessary or desirable in case of system
emergencies, Uncontrollable Forces, or in order to install equipment in, make
repairs to, make replacements within, make investigations and inspections of,
or perform other maintenance work on its system. Except in case of emergency
and in order that each party's operations will not be unreasonably interfered
with, such party shall give notice to the other party of any interruption
or reduction, the reason therefor, and the probable duration thereof to the
extent such party has knowledge thereof. Each party shall effect the use of
temporary facilities or equipment to minimize the effect of any such
interruption or outage to the extent reasonable or appropriate.
13. Uncontrollable Forces. Each party shall notify the other as soon as
possible or any uncontroiiacie Forces which may in any way affect the delivery
of power hereunder. In the'event the operations of either party are
interrupted or curtailed due to such Uncontrollable Forces, such party shall
exercise due diligence to reinstate such operations with reasonable dispatch.
14. Reducing Charges for Interruptions. If deliveries of electric power
and energy to the Transferee are suspended, interrupted, interfered with or
curtailed due to Uncontrollable Forces on either the Transferee's System or
Transferor's System, or if the Transferor interrupts or reduces deliveries to
the Transferee for any of the reasons stated in section 12 hereof, the credit
in the exchange energy account which would otherwise be made, or the money
compensation which would otherwise be paid to the Transferor, shall be
appropriately reduced. No interruption, or equivalent interruption, of less
than 30 minutes duration will be considered for computation of such reduction
in charges.
15. Net Billing. Upon mutual agreement of the parties, payment due one
party may be offset against payments due the other party under all contracts
between the parties hereto for the sale and exchange of electric power and
energy, use of transmission facilities, operation and maintenance of electric
facilities, lease of electric facilities, mutual supply of emergency and
standby electric power and energy, and under such other contracts between such
parties as the parties may agree, unless otherwise provided in existing
contracts between the parties. Under contracts included'in this procedure,
all payments due one party in any month shall be offset against payments due
the other party in such month, and the resulting net balance shall be paid to
the party in whose favor such balance-exists unless the latter elects to have
such balance carried forward to be added to the payments due it in a
succeeding month.
16. Average Power Factor.
(a) The formula for determining average power factor is as follows:
Average Power Factor Kilowatthours
/(Kilowatthours)' (Reactive Kilovolt- ampere hours)'
The data used in the above formula shall be obtained from meters which are
ratcheted to prevent reverse registration.
(b) When delivery of electric power and energy by the Transferor at any
point is commingled with any other class or classes of power and it is
impracticable to separately meter the kilowatthours and reactive
kilovolt -ampere-hours for each class, the average power factor of the total
delivery of such electric power and energy for the month will be used, where
applicable, as the power factor for each of the separate classes.
(c) Except as it is otherwise specifically provided in this contract, no
adjustment will be made for power-factor at any point of delivery described in
this contract while the varhours delivered at such point are not measured.
(d) The Transferor may, but shall not be obligated to, deliver electric
energy hereunder at a power factor of less than 0.85 leading or lagging.
17. Permits.
(a) If any equipment or facilities associated with any Point of Delivery
and belonging to a party to this contract are or are to be located on the
property of the other party, a permit to install, test, maintain, inspect,
replace, repair, and operate during the term of this contract and to remove
such equipment and facilities at the expiration of said term, together with
the right of entry to said property at all reasonable times in such term, is
hereby granted by the other party.
(b) Each party shall have the right at all reasonable times to enter the
property of the other party for the purpose of reading any and all meters
mentioned in this contract which are installed on such property.
(c) If either party is required.a r permitted to install, test, maintain,
inspect, replace, repair, remove, or operate equipment on the property of the
other, the owner of such property shall furnish the other party with accurate
drawings and wiring diagrams of associated equipment and facilities, or, if
such drawings or diagrams are not available, shall furnish accurate
information regarding such equipment or facilities. The owner of such
property shall notify the other party of any subsequent modification which may
affect the duties of the other party in regard to such equipment, and furnish
the other party with accurate revised drawings, if possible.
18. Ownership of Facilities.
(a) Except as otherwise expressly provided, ownership of any and all
equipment, and of all salvable facilities installed or previously installed by
a party to this contract on the property of the other party shall be and
remain in the installing party.
(b) Each party shall identify all movable equipment and all other
salvable facilities which are installed by such party on the property of the
other by permanently affixing thereto suitable markers plainly stating the
name of the owner of the equipment and facilities so identified. Within a
reasonable time subsequent to initial installation, and subsequent to any
modification of such installation, representatives of the parties shall
jointly prepare an i temi Zed list of said movable equipment and facilities.
19. Adjustment for Change of Conditions. If changes in conditions
hereafter occur which substantially affect any factor required by this
contract to be used in determining (a) any credit in any exchange energy
account to be made, money compensation to be paid, or amount of electric power
and energy or losses to be made available .to one party by the other party, or
(b) any maximum replacement demand, or average power factor mentioned in this
contract, such factor will be changed in an equitable manner which will
conform to such changes of *conditions. If an increase in the capacity of the
facilities being used by the Transferor in making deliveries hereunder is
required at any time after execution of this contract to enable the Transferor
to make the deliveries herein required together with those required for its
own operations, the construction or installation of additional or other
8
equipment or facilities for that purpose shall be deemed to be a change of
conditions within the meaning of the preceding sentence.
If, pursuant to the terms of the agreement establishing such exchange
energy account, another rate is substituted for the rate to be used in
settling the balance in such account, the number of kilowatthours to be
credited to the Transferor in such account for each month as provided in this
agreement, shall be changed for each month thereafter to the amount computed
by multiplying such number of kilowatthours by 2.5 mills and dividing the
resulting product by the currently effective substituted rate in mills per
kilowatthour.
20. Dispute Resolution and Arbitration.
(a) Pending resolution of a disputed matter the parties will continue
performance of their respective obligations pursuant to this contract. If the
parties cannot reach timely mutual agreement on any matter in the
administration of this contract Bonneville shall, unless otherwise
specifically provided for in subsection (b) below and, to the extent necessary
for its continued performance, make a determination of such matter without
prejudice to the rights of the other party. Such determination shall not
constitute a waiver of any other remedy belonging to the Contractor.
(b) The questions of-fact stated below shall be subject to arbitration.
Other questions of fact under this contract may be submitted to arbitration
upon written mutual agreement of the parties. The party calling for
arbitration shall serve notice in writing upon the other party, setting forth
in detail the question or questions to be arbitrated and the arbitrator
appointed by such party. The other party shall, within 10 days after the
receipt of such notice, appoint a second arbitrator, and the two so appointed
shall choose and appoint a third. In case such other party fails to appoint
an arbitrator within said 10 days, or in case the two so appointed fail for
10 days to agree upon and appoint a third, the party calling for the
arbitration, upon 5 days' written notice delivered to the other party, shall
apply to the person who at the time shall be the presiding judge of the United
States Court of Appeals for the Ninth Circuit for appointment of the second
and third arbitrator, as the case may be.
The determination of the question or questions submitted for
arbitration shall be made by a majority of the arbitrators and shall be
binding on the parties. Each party shall pay for the services and expenses of
the arbitrator appointed by or for it, for its own attorney fees, and for
compensation for its witnesses or consultants. All other costs incurred in
connection with the arbitration shall be shared equally by the parties thereto.
The questions of fact to be determined as provided in this section
shall be limited to:
(1) the determination cf the measurements to be made by the parties
hereto pursuant to section 4;
(2) the correction of the measurements•to be made pur to
section 7;
(3) the duration of the interruption or equivalent interruption in
section 14;
(4) whether changes in conditions mentioned in section 19 have
Occurred;
(5) whether the changes mentioned in section 30 were made "promptly
(6) whether an increase or decrease in load or change in load factor
mentioned in section 32 is unusual;
(7) any issue which both parties agree is an issue of fact mentioned
in sections 30, 31, and 34;
(8) the occurrence of an abnormal nonrecurring demand and the amount
and time thereof;
(9) whether a party has complied with section 34(b); and
(10) the acceptable level of harmonics for purposes of section 35.
21. Contract Work Hours and Safety Standards.
This contract,.if and to the extent required by applicable law and if
not otherwise exempted, is subject to the following provisions:
(a) Overtime Requirements. 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 laborer or mechanic in
any workweek in which such worker is employed on such work to work in excess
of 8 hours in any calendar day or in excess of 40 hours in such workweek
unless such laborer or mechanic receives compensation at a rate not less than
one and one —half times such worker's basic rate of pay for all hours worked in
excess of eight hours in any calendar day or in excess of 40 hours in such
workweek, as the case may be.
(b) Violation; Liability for Unpaid Wages; Liquidated Damages. In the
event of any violation of the provisions of subsection (a), the Contractor and
any subcontractor responsible therefor shall be liable to any affected
employee for such employee's unpaid wages. In addition, such contractor and
subcontractor shall be liable to the Government for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer
or mechanic employed in violation of the provisions of subsection (a) in the
sum of S10 for each calendar day on which such employee was required or
permitted to be employed in such work in excess of eight hours or in excess of
such employee's standard workweek of 40 hours without payment of the overtime
wages required by subsection (a) above.
(c) Withholding for Unpaid Wages and Liquidated Damages. Bonneville may
withhold or cause to be withnela, from any moneys payable on account of work
performed by the Contractor or subcontractor, such sums as may
administratively be determined to be necessary to satisfy any liabilities of
such Contractor or subcontractor for unpaid wages and liquidated damages as
provided in subsection (b) above.
(d) Subcontracts. The Contractor shall insert in any subcontracts the
clauses set ror n in subsections (a) through (c) of this provision and also a
clause requiring the subcontractors to include these clauses in any lower tier
subcontracts which they may enter into, together with a clause requiring this
insertion in any further subcontracts that may in turn be made.
(e) Records. The Contractor shall maintain payroll records containing
the information specified In 29 CFR 516.2(a). Such records shall be preserved
for 3 years from the completion of the contract.
22. Convict Labor. In connection with the performance of work under this
contract, the Contractor agrees, if and to the extent required by applicable
law or if not otherwise exempted, not to employ any person undergoing sentence
of imprisonment except as provided by Public Law 89 -176, September 10, 1965
(18 U.S.C. 4082(c)(2)) and Executive Order 17756, December 29, 1973.
23. Equal Employment Opportunity. During the performance of this
contract, if and to the extent required by applicable law or if n-t otherwise
exempted, the Contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national
origin. The Contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, or national origin. Such action shall
include, but not be limited to, the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided by Bonneville setting forth the provisions of the Equal
Opportunity clause.
(b) The Contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to race,
color, religion, sex, or national origin.
(c) The Contractor will send to each labor union or representative of
workers with which said Contractor has a collective bargaining agreement or
other contract or understanding, a notice, to be provided by Bonneville,
advising the labor union or worker's representative of the Contractor's
commitments under this Equal Opportunity clause and shall post copies of the
notice in conspicuous places available to employees and applicants for
employment.
(d) The Contractor will comply with a71 provisions of Executive Order
No. 11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
(e) The Contractor will furnish all information and reports required by
Executive Order No. 11246 of September 24, 1965,4nd by the rules,
regulations, and relevant orders of the Secretary of Labor, or pursuant
11
f4
thereto, and will permit access to said Contractor's books, records, and
accounts by Bonneville and the Secretary of Labor for purposes of
investigations to ascertain compliance with such rules, regulations, and
orders.
(f) In the event of the Contractor's noncompliance with the Equal
Opportunity clause of this contract or with any of such rules, regulations, or
orders, this contract may be cancelled, terminated, or suspended in whole or
in part and the Contractor may be declared ineligible for further Government
contracts in accordance with procedures authorized in Executive Order
No. 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order No. 1124E of September 24,
1963, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
(g) The Contractor will include the provisions of paragraphs (a) through
(f) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order No. 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The Contractor
will take such action with respect to any subcontract or purchase order as
Bonneville may direct as a means of enforcing such provisions, including
sanctions for noncompliance. In the event the Contractor becomes involved in,
or is threatened with, litigation with a subcontractor or vendor as a result
of such direction by Bonneville, the Contractor may request the Government to
enter into such litigation to protect the interests of the Government.
24. Additional Provisions. The Contractor agrees to comply with the
clauses tor government contracts contained in the following statutes,
Executive Orders, and regulations to the extent applicable:
(a) the Rehabilitation Act of 1973, Public Law 93 -112, as amended, and
41 CFR 60 -741 (affirmative action for handicapped workers);
(b) the Vietnam Era Veterans Readjustment Assistance Act of 1974, Public
Law 92 -540, as amended, and 41 CFR 60 -250 (affirmative action for disabled
veterans and veterans of the Vietnam era);
(c) Executive Order 11625 and 41 CFR 1- 1.1310 -2 (utilization of minority
business enterprises);
(d) the Small Business Act, as amended.
25. Reports. The other party to this contract will furnish Bonneville
such information as is necessary for making any computation required for the
purposes of this contract, and the parties will cooperate in exchanging such
additional information as may be reasonably useful for their respective
operations.
26. Assignment of Contract. This contract shall inure to the benefit of,
and shall oe olnaing upon the respective successors and assigns of the parties
to this contract." Such contract or any interest therein shall not be
transferred or assigned by either party to any party other than the Government
or an agency thereof without the written consent of the other except as
specifically provided in this section. The consent of Bonneville is hereby
given to any security assignment or other like financing instrument which may
be required under terms of any mortgage, trust, security agreement or holder.
of such instrument of indebtedness made by and between the Contractor and any
mortgagee, trustee, secured party, subsidiary of the Contractor or holder of
such instrument of indebtedness, as security fof bonds of other indebtedness
of such Contractor, present or future; such mortagagee, trustee, secured
party, subsidiary, or holder may realize upon such security in foreclosure or
other suitable proceedings, and succeed to all right, title, and interests of
such Contractor.
27. Waiver of Default. Any waiver at any time by any party to this
contract of its rights with respect to any default of any other party thereto,
or with respect to any other matter arising in connection with such contract,
shall not be considered a waiver with respect to any subsequent default or
matter.
28. Notices and Computation of Time. Any notice required by this
contract to be given to any party shall be effective when it is received by
such party, and in computing any period of time from such notice, such period
shall commence at 2400 hours on the date of receipt of such notice.
No Member of, or Delegate to
be admitted to any share or part of
arise therefrom, but this provision
contract if made with a- corporation
29. Interest of Member of Congress.
Congress, or Resident Com tssioner shall
this contract or to any benefit that may
shall not be construed to extend to this
for its general benefit.
APPLICABLE ONLY IF TRANSFEREE IS A PARTY TO THIS CONTRACT
30. Balancin4 Phase Demands. If required by the Transferor at any time
during the term of this contract, the Transferee shall promptly make such
changes as are necessary on its system to balance the phase currents at any
Point of Delivery so that the current of any one phase shall not exceed the
current on any other phase at such point by more than 10 percent.
31. Adjustment for Unbalanced Phase Demands. If the Transferee fails to
promptly make tne changes mentioned to section .s0, the Transferor may, after
giving written notice one month in advance, determine that the Measured Demand
of the Transferee at the Point of Delivery in question during each month
thereafter, until such changes are made, is equal to the product obtained by
multiplying by three the largest of the Integrated Demands on any phase
adjusted as appropriate to such point during such month.
32. Changes in Requirements or Characteristics. The Transferee will,
whenever possible, give reasonable notice to tne transferor of any unusual
increase or decrease of its demands for electric power and energy on the
Transferor's system, or of any unusual change in the load factor or-oower
factor at which the Transferee will take delivery of electric power and energy
under this contract.
33. Inspection of Facilities. Each party may for any reasonable purpose
under this contract inspect the other party's electric installation at any
reasonable time. Such inspection, or failure to inspect, shall not render
such party, its officers, agents, or employees, liable or responsible for any
injury, loss, damage, or accident resulting from defects in such electric
installation, or for violation of this contract. The inspecting party shall
observe written instructions and rules posted in facilities and such other
necessary instructions or standards for inspection as the parties agree to.
Only those electric installations used in complying with the terms of this
contract shall be subject to inspection.
34. Electric Disturbances.
(a) For the purposes of this section, an electric disturbance is any
sudden, unexpected, changed, or abnormal electric condition occurring in or on
an electric system which causes damage.
(b) Each party shall design, construct, operate, maintain and use its
electric system in conformance with accepted utility practices:
(1) to minimize electric disturbances such as, but lot limited to,
the abnormal flow of power which may damage or interfere with the electric
system of the other party or any electric system connected with such other
party's electric system; and
(2) to minimize the effect on its electric system and on its
customers of electric disturbances originating on its own or another
electric system.
(c) If both parties to this contract are parties to the Western
Interconnected Electric System Agreement, their relationship with respect to
system damages shall be governed by that Agreement.
(d) During such time as a party to this contract is not a party to the
Agreement Limiting Liability Among Western Interconnected Systems, its
relations with the other party with respect to system damages shall be
governed by the following sentence, notwithstanding the fact that the other
party may be a party to said Agreement Limiting Liability Among Western
Interconnected Systems. A party to this contract shall not be liable to the
other party for damage to the other party's system or facilities caused by an
electric disturbance on the first party's system, whether or not such electric
disturbance is the result of negligence by the first party, if the other party
has failed to fulfill its obligations under subsection (b)(2) above.
(e) If one of the parties to this contract is not a party to the
Agreement Limiting Liability Among Western Interconnected Systems, each party
to this contract shall hold harmless and indemnify the other party, its
officers and employees, from any claims for loss, injury, or damage suffered
by those to whom the first party delivers power not for resale, which loss,
injury or damage is caused by an electric disturbance on the other party's
system, whether or not such electric disturbance results from the negligence
of such other party if such first party has failed to fulfill its obligations
under subsection (b)(2) above, and such failure contributed to the loss,
injury or damage.
(f) Nothing in this section shall be construed to create any duty to, any
standard of care with reference to, or any liability to any person not a party
to this contract.
35. Harmonic Control. Each party shall design, construct, operate,
maintain and use its electric facilities in accordance with good engineering
practices to reduce to acceptable levels the harmonic currents and voltages
which pass into the other party's facilities. Harmonic reductions shall be
accomplished with equipment which is specifically designed and permanently
operated and maintained as an integral part of the facilities of the party
which owns the system on which harmonics are generated.•
APPLICABLE ONLY IF TRANSFEREE IS NOT A PARTY TO THIS CONTRACT
36. Protection of the Transferor. Protection is or will be afforded to
Bonneville or its Transferor under such of the following provisions and
conditions as are specified in each contract executed or to be executed by
Bonneville and each third party Transferee named in this contract: the power
factor clause of the applicable Bonneville Wholesale Rate Schedule and the
subject matter set forth in the General Contract Provisions under the
following titles, namely:
Adjustment for Unbalanced Phase Demands; Uncontrollable Forces;
Continuity of Service; Changes in Demands or Characteristics; Electric
Disturbances; Harmonic Control; Balancing Phase Demands; Permits; Ownership of
Facilities; and Inspection of Facilities.
RELATING TO RURAL ELECTRIFICATION ADMINISTRATION BORROWERS
37. Approval of Contract. If the Contractor borrows from the Rural
Electrification Administration or any other entity under an indenture which
requires the lender's approval of contracts, this contract and any amendment
thereto shall not be binding on the parties thereto if they are -not approved
by the Rural Electrification Administration or such other entity. The
Contractor shall notify Bonneville of any such entity. If approval is given,
such contract or amendment shall be effective at the time stated therein.
APPLICABLE ONLY IF BONNEVILLE IS THE TRANSFEROR
38. Equitable Adjustment of Rates.
(a) Bonneville shall establish, periodically review and revise rates for
the wheeling of electric power and /or energy pursuant to the terms of this
contract. Such rates shall be established in accordance with applicable law.
(b) As used in this section, the words 'Rate Adjustment Date" shall mean
any date specified by Bonneville in a notice of intent to file revised rates
as published in the Federal Register; rovided, however, that such date shall
not occur sooner than (1) nine months from tnedate tnat such notice of intent
is published; or (2) twelve months from any previous Rate Adjustment Date. By
giving written notice to the Contractor 45 days prior to such Rate Adjustment
Date, Bonneville may delay such Rate Adjustment Date for up to 90 days if
Bonneville determines either that the revenue level of the proposed rates
differs by more than five percent from the revenue requirements indicated by
most recent repayment studies entered in the hearings record or that external
events beyond Bonneville's control will prevent Bonneville from meeting such
Rate Adjustment Date. Bonneville may cancel a notice of intent to file
revised rates at any time (1) by written notice to the Contractor; or (2) by
publishing in the Federal Register a new notice of intent to file revised
rates which specifically cancels a previous notice.
(c) The Contractor shall pay Bonneville for the service made available
under this contract during the period commencing on each Rate Adjustment Date
and ending at the beginning of the next Rate Adjustment Date at the rate
specified in any rate schedule available at the beginning of such period for
service of the class, quality, and type provided for in this contract, and in
accordance with the terms thereof, and of the General Transmission Rate
Schedule Provisions, if any, as changed with, incorporated in or referred to
in such rate schedule. New rates shall not be effective on any Rate
Adjustment Date unless they have been approved on a final or interim basis by
a governmental agency designated by law to approve Bonneville's rates. Rates
shall be applied in accordance with the terms thereof, the General
Transmission Rate Schedule Provisions as changed with, incorporated in or
referred to in such rate schedule and the terms of this contract.
(WP- PKJ- 0222f)
16
A. Points of Integration, Points of Delivery, Transmission Demand, Charges,
and Resources.
Point of
Integration
(Voltage) (POI)
Government's Port
Angeles Substation
69 kV
Bay 26
Point of
Delivery (POD)
(Voltage)
Government's Port
Angeles Substation
69 kV
Bay 23
1/ Composite UFT charge based on Bays 23 26.
(5040j)
Transmission
Demand
485 KW
Transmission Parameters
Exhibit C, Page 1 of 4
Contract No. DE- MS79- 91BP93194
Morse Creek Hydroelectric Project
Effective at 2400 hours on the
Effective Date of this Agreement
Use -of- Resource
Facilities to be
Charge (UFT) Integrated
$0.097 /kW /mo Morse Creek
1/
Exhibit C, Page 2 of 4
Contract No. DE- MS79- 91BP93194
Morse Creek Hydroelectric Project
Effective at 2400 hours on the
Effective Date of this Agreement
B. Calculation of Charges Pursuant to the UFT -83 Rate Schedule:
Facility Investment
Government's $160,631
Port Angeles
Substation
69kV
Bay 26
Bay 23 $257,740
(5040j)
Total UFT Charge
2/
I &A
Annual
Cost Ratio
1/ 3/, 4/
I &A 0 &M Sum of
Annual Annual Non Coincidental 5/
Cost Cost Demands /kW /yr.
8.73 $14,023 $6,533 28,185 kW 0.729
8.73
$22,501 $6,533
66,219 kW
0.438 485 kW
$1.168 /kW yr
$0.097 /kW /mo
6/
Project
Demand
485 kW
1/ 0 &M charge based on low voltage terminal in 2 -4 -91 0 &M cost tables.
2/ Normally taken from current ACR table, column (8) minus column (5), Type S5 Substation,
revised table dated 5 -3 -91.
3/ 1992 peak loads from Clallam Eastern (27,700 kW) plus Morse Creek (485 kW).
4/ 1992 peak loads from Port Angeles' City No. 1 bay (60.18 of Port Angeles' City Nos. 1
and 2) plus Morse Creek (485 kW) plus Clallam's Eastern bay (27,700 kW).
(60.18% X 63,200) 485 27,700 66,219 kW.
5/ Unit Charge (I &A Annual Cost) 0 &M Annual Cost /kW yr.
Sum of Non Coincidental Demands
Monthly Charge /kW yr) (Project Demand) /mo.
12 months
6/ Ratchets shall be handled in accordance with section 5(c).
Exhibit C, Page 3 of 4
Contract No. DE- MS79- 918P93194
Morse Creek Hydroelectric Project
Effective at 2400 hours on the
Effective Date of this Agreement
B. Description of Proiect and Points of Integration and Points of Delivery
1. MORSE CREEK HYDRO PROJECT
Location: the project is located in the NW 1/4 of Section 29, T30N,
R5W, Willamette Meridian, Clallam County, Washington; approximately
3 miles east of Port Angeles and 1 -1/2 to 2 miles south of state
route 101 and primarily east of Glass Road;
Demand: 485 kW;
Voltage: 12.5 kV;
Metering: in the City's powerhouse, in the 480 volt circuit over
which such electric power and energy flows;
Adjustments: there shall be an adjustment for transformation losses
between the Project point of metering and the high side of the
Project transformer.
2. MORSE CREEK POINT OF INTERCONNECTION
Location: A point on the Utility's distribution line approximately
one half mile from the Morse Creek Hydro Project at the junction of
Glass and Boyd Roads where the distribution lines of the Utility and
the line from the City's Project interconnect;
Voltage: 12.5 kV;
Adjustments: there shall be an adjustment for transmission losses
between the Morse Creek Hydro Project and the Morse Creek Point of
Interconnection.
3. PORT ANGELES POINT OF INTEGRATION
Location: the point in Bay 26 (Clallam Co. PUD's Feeder No. 1) in
the Government's Port Angeles Substation where the 69 kV facilities
of the Utility and the Government are connected;
Voltages: 69 kV;
Metering:_ in the Government's Port Angeles Substation in the 69 kV
circuit over which such electric power and energy flows;
Adjustments: there shall be an adjustment for distribution losses
between the Utility's Morse Creek Point of Interconnection and the
Government's Port Angeles Point of Interconnection.
4. PORT ANGELES POINT OF DELIVERY
(5040j)
Location: the point in Bay 23 (Port Angeles Feeder No. 1) in the
Government's Port Angeles Substation where the 69 kV facilities of
the City and the Government are connected;
Voltages: 69 kV;
Exhibit C, Page 4 of 4
Contract No. DE- MS79- 91BP93194
Morse Creek Hydroelectric Project
Effective at 2400 hours on the
Effective Date of this Agreement
Metering: in the Government's Port Angeles Substation in the 69 kV
circuit over which such electric power and energy flows;
Adjustments: there shall be no adjustment for losses between the
Point of Interconnection and the Point of Delivery.
(5040j)
Loss Factors
Exhibit D, Page 1 of 1
Contract No. DE- MS79- 91BP93194
Morse Creek Hydroelectric Project
Effective at 2400 hours on the
Effective Date of this Agreement
The losses specified in this exhibit under Points of Interconnection and
Points of Delivery shall consist of two components. The first is the
transformation and transmission losses from the Project to the Morse Creek
Point of Interconnection, and the second is the transmission and
transformation losses from the Morse Creek Point of Interconnection to the
Port Angeles Point of Integration. No losses shall be applied between the
Port Angeles Point of Integration and the Port Angeles Point of Delivery as
specified in this exhibit. The losses between the Project Point of Metering
and the Port Angeles Point of Integration shall be submitted to the City and
the Utility by Bonneville by separate letter. The revision of these losses
shall be as specified in section 4(c).
(5040j)
Resource Services
Exhibit E, Page 1 of 1
Contract No. DE- MS79- 91BP93194
Morse Creek Hydroelectric Project
Effective at 2400 hours on the
Effective Date of this Agreement
Resource service charges shall be incorporated into Exhibit E as developed by
Bonneville according to section 4(d) of this agreement. As of the Effective
Date of this Agreement, the resource service charge is zero.
In reply refer to
Mr. Robert J. Titus
Director
City Of Port Angeles
P.O. Box 1150
Port Angeles, WA 98362
Dear Mr. Titus:
Department of Energy
Bonneville Power Administration
P.O. Box 3621
Portland, Oregon 97208 -3621
SEP 1 0 1990
5.217
PMT Contract No. DE- MS79- 90BP93051
The City of Port Angeles (City) and Bonneville Power Administration
(Bonneville) have executed two short term letter agreements for firm wheeling
services effective from 2400 hours June 30, 1988 to September 30, 1990. In
the first agreement, the parties acknowledged that nonfirm wheeling services
for the Morse Creek Project (Project) were provided from October 20, 1987
through June 30, 1988.
It was the parties' desire to operate under this type of arrangement pending
resolution of Articles 19 -25 of the FERC license. It is apparent that FERC is
planning to grant compliance on the last of the outstanding articles,
Article 23, in the near future.
However due to the uncertainty associated with the timing of FERC actually
granting compliance with Article 23, Bonneville proposes that firm wheeling
services be continued as follows:
1. Term. This letter agreement shall be effective at 2400 hours on
September 30, 1990 and shall terminate at 2400 hours on the earlier of
(a) the effective date of the Long -Term Agreement, Contract No.
DE- MS79- 88BP92315, (Attachment A) or (b) 2400 hours on September 30, 1991;
provided, however, that all liabilities incurred hereunder shall be
preserved until satisfied.
2. Exhibit. Attachment A is hereby made a part of this agreement; provided,
however, that Section 1 of Attachment A shall have no force and effect
during the term of this agreement.
3. Operation Under Attachment A. The parties shall operate pursuant to the
terms of Attachment A except as otherwise provided. The parties recognize
Clallam'County PUD (Utility) owns the interconnection facilities between
the Project and the Government's Port Angeles Substation. Bonneville
shall not be obligated to comply with Attachment A if the Utility fails to
perform its obligations as designated in Attachment A.
Celebrating the U.S. Constitution Bicentennial 1787 -1987
If the terms of this agreement are satisfactory, please indicate your
acceptance by signing both enclosed copies and returning one copy to
George Reich at the Puget Sound Area Office. Authenticated copies will then
be sent to you for your records.
(4373j)
Enclosures
Sincerely,
Walter E. Pollock
Assistant Administrator
for Power Sales
ACCEPTED:
CITY OF PORT ANGELES ATTEST:
By �6 --d\ 0o..n, By apinA.
U v
Tit(e Mayor Title City Clerk
Date October 2, 1990 Date October 2. 1990
TRANSMISSION AGREEMENT
executed by the
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
acting by and through the
BONNEVILLE POWER ADMINISTRATION
and
CLALLAM COUNTY PUD
and
CITY OF PORT ANGELES
MORSE CREEK HYDRO PROJECT
Index to Sections
Attachment A
Contract No. DE- MS79- 88BP92315
08/18/88
Section Page
1. Term of Agreement 3
2. Definition and Explanation of Terms 3
3. Exhibits; Interpretations 4
4. Transmission of Electric Power and Energy 4
5. Payment Provisions 6
6. Termination of Agreement and Charges 6
7. Revision of Exhibits 7
8. Reactive Power 9
9. Metering Equipment 9
10. Several Obligations 9
11. Execution in Counterpart 10
Section Page
Exhibit A (Transmission Rate Schedules and
General Transmission Rate Schedule Provisions) 4
Exhibit B (General Wheeling Provisions [GWP Form -4R]) 4
Exhibit C (Transmission Parameters) 4
Exhibit D (Project, Point of Interconnection, Point of Delivery) 4
Exhibit E (Loss Factors) 4
Exhibit F (Resource Services) 4
This TRANSMISSION AGREEMENT, executed 19_, by the
UNITED STATES OF AMERICA (Government), Department of Energy, acting by and
through the BONNEVILLE POWER ADMINISTRATION (Bonneville), CLALLAM COUNTY PUD
(Utility), a Public Utility District of the State of Washington, and the CITY
OF PORT ANGELES (City), a municipality of the State of Washington;
W I T N E S S E T H:
WHEREAS the Utility and the City have entered into, or intend to enter
into, an agreement whereby the Utility will provide firm capacity in its
transmission or distribution system facilities for the transmission of
electric power generated at the Morse Creek Hydro Project (Project), and for
interconnection of the Project to the facilities of the Utility
(Interconnection Agreement); and
WHEREAS the Utility and Bonneville have agreed to provide firm capacity on
their transmission or distribution facilities for the transmission of power
from the Project to the City; and
WHEREAS the City owns the Project and the transmission service occurs over
the Utility's and Bonneville's facilities for delivery to the City; and
WHEREAS the load which is served hereunder at the Point of Interconnection
and the Point of Delivery is in the control area of Bonneville; and
-2-
WHEREAS Bonneville is authorized pursuant to law to dispose of electric
power generated at various Federal hydroelectric projects in the Pacific
Northwest, or acquired from other resources, to construct and operate
transmission facilities, to provide transmission and other services, and to
enter into agreements to carry out such authority;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Term of Agreement. This agreement shall be effective commencing at
2400 hours on the date Bonneville has signed all original counterparts of this
agreement (Effective Date), and unless terminated earlier pursuant to the
terms of this Agreement, shall continue until 2400 hours on January 31, 2008.
All obligations incurred hereunder shall continue until satisfied.
Upon expiration of this agreement, Bonneville shall offer to extend
transmission services provided hereunder, subject to the terms and conditions
consistent with the then prevailing Bonneville rates, policy, and Federal
Columbia River Transmission System (FCRTS) conditions.
2. Definition and Explanation of Terms.
(a) "Electric Power" or "power" means electric peaking capacity,
expressed in kilowatts, or electric energy expressed in kilowatthours, or both.
(b) "Point of Delivery" means the point of delivery, described in
Exhibit D, where electric power and energy are delivered to the City by
Bonneville.
(c) "Point of Interconnection" means the point described in Exhibit D
where the project output will be made available by the Utility to Bonneville.
(d) "Project" means the City's Morse Creek Hydro Project facility,
described in Exhibit D, consisting of the site and generating units, and
related transformation and transmission facilities.
-3-
(e) "Transmission Demand" means the amount specified in Exhibit C,
expressed in kilowatts, which is the maximum hourly amount of electric energy
to be made available to the City under this agreement at the Point of Delivery.
(f) "Use -of- Facilities Charge" means the charge specified in Exhibit C,
which is the monthly charge per kilowatt of Transmission Demand for the Point
of Delivery; such charge has been calculated pursuant to the provisions of
Exhibit A.
3. Exhibits; Interpretations. The rights and obligations of the parties
with respect to provisions hereunder shall be subject to and governed by this
agreement, including Exhibits A through F (Exhibits) attached hereto and by
this reference made a part of this agreement. The provisions of section 38 of
the General Wheeling Provisions [GWP Form -4R], Exhibit B, requires a minimum
notice prior to a Rate Adjustment Date. If the rates are disapproved or
conditions are placed on them by the agency authorized to approve Bonneville's
transmission rates (Agency) or by any judicial interpretation of legislation
by a court with jurisdiction over Bonneville, Bonneville shall not be required
to give the minimum notice prior to resubmitting the rates to the Agency or
implementing the Agency approved rates. The headings used in this agreement
are for convenient reference only, and shall not affect the interpretation of
this agreement. The City shall be the "Transferee" and the Utility and
Bonneville shall be the "Transferor" referred to in the General Wheeling
Provisions Exhibit.
4. Transmission of Electric Power and Energy.
(a) Before power shall be made available to the City, all equipment and
facilities needed for safe and reliable interconnection to Bonneville's
facilities shall be installed by the City and in operation as approved by
Bonneville.
-4-
If at any time during the term of this agreement the existence of Project
generation creates disturbances on or otherwise degrades the integrity of the
Federal Columbia River Transmission System (FCRTS), Bonneville may interrupt
transmission services and require the City to install, or have installed at
the City's expense, facilities necessary to correct such problems prior to
resuming such services.
In addition, Bonneville shall require use of its Revenue Metering System
(RMS) meters in accordance with Section 9.
(b) For each hour during the term hereof, the City shall make available
or arrange to have made available to the Utility at the Utility's Morse Creek
Point of Interconnection as defined in Exhibit D, and the Utility shall make
available to Bonneville at the Government's Port Angeles Point of
Interconnection as defined in Exhibit D, an amount of Electric Power metered
at the Project less losses in accordance with Exhibit E.
(c) For each hour during the term hereof, Bonneville shall make available
to the City at the Point of Delivery for account of the City, the amount of
Electric Power made available to Bonneville pursuant to subsection (b).
(d) Bonneville shall add to the metered quantities monthly at the Point
of Interconnection and subtract from the metered quantities monthly at the
Point of Delivery the amount of power made available to Bonneville pursuant to
subsection (b) above.
(e) Nothing contained in the power sales contract between Bonneville and
the Utility (Contract No. DE- MS79- 81BP90488 as amended by Amendatory Agreement
No 1, dated June 3, 1982) and Bonneville and the City (Contract
No. DE- MS79- 81BP90450) shall limit in any way the obligations of Bonneville or
the Utility to the City to provide the firm transmission services hereunder.
-5-
5. Payment Provisions.
(a) The City shall pay Bonneville each month for the transmission
services and the resource services provided hereunder, an amount which shall
be the sum of the products obtained by multiplying each of the charges for
such services by its respective multiplier. The charges and multipliers shall
be as specified in Exhibit C. The resource services shall be developed and
described pursuant to section 7(d). Bonneville shall make appropriate billing
adjustments during periods, if any, when the operation of the Project is
limited by governmental agencies having jurisdiction over air and water
quality standards therefor.
Any ratchet demand that may occur as determined by Bonneville pursuant to
the Transmission Rate Schedules and General Transmission Rate Schedule
Provisions, does not constitute an increase in any Transmission Demand
approved by Bonneville, and any continued service at such level will depend on
the availability of facilities as determined by Bonneville.
(b) The City shall pay the Utility each month for the transmission
services provided by the Utility hereunder as provided in the Interconnection
Agreement. Such obligation is an obligation of the City.
(c) To the extent that the billing determinants contained in Exhibit C
include a demand factor, which may be represented by a "transmission demand,"
"contract demand," "measured demand" or other type of demand quantity, the
billing demand and ratchet provisions, if any, of the General Transmission
Rate Schedule Provisions contained in Exhibit A shall apply to the calculation
of payments.
6. Termination of Agreement and Charges. This agreement may be
terminated with mutual consent of the parties, which consent shall not be
unreasonably withheld, (1) upon destruction or abandonment of the Project;
-6-
(2) upon discontinuation of Project output under a final order of a public
official having authority to issue such order; (3) upon termination of the
Interconnection Agreement between the City and the Utility for the transfer of
power for the Project; (4) upon denial of a license to construct and operate
the Project from the Federal Energy Regulatory Commission (FERC) or its
successor agency (Agency). This agreement may not be terminated by reason of
a partial reduction in generating capability. If this agreement is terminated
earlier than the term described in section 1 above, or if there is a partial
reduction in generating capability, the City shall pay Bonneville as follows:
(a) for the unamortized nonsalvable investment plus the cost of removal
of any facilities Bonneville has constructed at Government expense for the
purpose of providing transmission service for the Project hereunder; or
(b) monthly at a rate that shall compensate Bonneville for the annual
cost of the facilities so constructed, to the extent such facilities become
unusable in whole or in part as the result of such destruction or abandonment
of the Project or upon such partial permanent reduction or discontinuation of
Project Output.
The payment obligations in this section shall be the obligation of the
City.
7. Revision of Exhibits.
(a) The Use -of- Facility Transmission rate schedule attached hereto as
Exhibit A has been finally confirmed and approved by the Agency. The rate
schedule in Exhibit A shall be replaced by successor rate schedules in
accordance with the provisions of section 7(i) of the Pacific Northwest Power
Act and Agency rules. The Use -of- Facilities Charge specified in Exhibit C
shall be recalculated following any rate filing according to the provisions of
-7-
such amended, modified, or successor rate schedules and associated provisions,
and Bonneville shall prepare a new Exhibit C incorporating the revised
Use -of- Facilities Charge.
(b) If Bonneville determines that the charges specified in Exhibit C or
any subsequent charges specified in this agreement must be changed pursuant to
sections 19 or 38 of Exhibit B, it shall prepare a new Exhibit C incorporating
such changes. Such new Exhibit C shall be substituted for the Exhibit C then
in effect and shall become effective as of the date specified therein.
(c) The loss factor specified in Exhibit E may be revised from time to
time upon notification by the City and Utility, or Bonneville's determination
that conditions at the Project or on the Utility's system have changed
sufficiently to warrant recalculating the loss factor. Bonneville shall
calculate the new loss factor and submit to the City and Utility by letter
pursuant to Exhibit E.
(d) Exhibit F shall be revised to include charges for resource services
which Bonneville provides for the Project or upon determination by Bonneville
that any such resource service charge contained therein must be changed to
properly compensate Bonneville for providing such services. The resource
services may include, but shall not be limited to, such services as operating
reserves and making available amounts of power and energy to the City,
pursuant to section 4(c) above, which vary from the amounts of actual Project
generation. The resource service charge set forth in Exhibit F shall not be
increased more frequently than once during any consecutive 12 month period.
Bonneville shall provide the City and Bonneville's other customers with a
reasonable opportunity of not less than 90 days to comment prior to the
effective date of such proposed revised charges. Revised charges shall take
effect on the date specified by Bonneville in its written notice to the City
of its intention to revise such charge.
-8-
8. Reactive Power. It is the intent of the parties hereto that the
voltage level at the Points of Interconnection and the Points of Delivery be
controlled in accordance with prudent utility operating practice. The parties
hereto shall jointly plan and operate their systems so as not to place an
undue burden on the other party to supply or absorb reactive power
accompanying or resulting from deliveries hereunder.
9. Metering Equipment. Bonneville shall require use of a Revenue
Metering System (RMS) unit or like unit meeting Bonneville's specifications to
meter output from the Project. Bonneville shall perform all 0 &M services on
the RMS unit. Likewise, the City shall use JEM meters, or equivalent, to
determine output from the Project; and the City shall perform all 0 &M service
on its meter. The cost associated with the purchase and maintenance of the
RMS unit including repair or replacement shall be at the City's expense. The
original purchase of the RMS unit is provided under Agreement
No. DE- AI79- 87BP72149. Installation of telecommunications equipment for both
Bonneville and City metering equipment and all service charges shall be at the
City's expense. Ownership of the RMS equipment shall remain with the
Government.
10. Several Obligations. Except where specifically stated in this
agreement to be otherwise, the duties, obligations, and liabilities of the
parties are intended to be several and not joint or collective. Nothing
contained in this agreement shall ever be construed to create an association,
trust, partnership, or joint venture or to impose a trust or partnership duty,
obligation, or liability on or with regard to any party. Each party shall be
individually and severally liable for its own obligation under this agreement.
-9--
11. Execution in Counterpart. This agreement may be executed in any
number of counterparts in which case all such counterparts shall be deemed to
constitute a single document with the same force and effect as if all parties
hereto having signed a counterpart had signed all other counterparts. The
agreement shall become effective in accordance with section 1.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in
several counterparts.
By
-10-
Date
CLALLAM COUNTY PUD ATTEST:
By By
Title Title
Date Date
CITY OF PORT ANGELES ATTEST:
By By
Title Title
Date Date
(VS6- PMT- 0758e)
UNITED STATES OF AMERICA
Department of Energy
Bonneville Power Administration
Government'
Port Angeles
Substation 69 kV
Bay 26
Approved Point
of Delivery
Government's
Port Angeles
Substation 69 kV
Bay 23
1/ Composite UFT charge based on Bay's 23 and 26.
(4427j)
Transmission Parameters
Revision No. 1
Exhibit C, Page 1 of 2
Contract No. DE- MS79- 88BP92315
Morse Creek Hydro Project
Effective at 2400 hours on
September 30, 1990
A. Points of Interconnection, Points of Delivery, Transmission Demands,
Use -of- Facilities Charges, and Resources.
Approved Point Use -of- Resource(s)
of Interconnection Transmission Facilities to be
(Voltage) Demand Charge Integrated
485 kW $0.098 /kW -mo 1/ Morse Creek
B. Calculation of Charges Pursuant to the UFT -83 Rate Schedule:
Facility
Government's
Port Angeles
Substation 69 kV
Bay 26
Bay 23
I &A 2/ I &A 0 &M 1/ Sum of
Annual Annual Annual Non Coincidental (Sponsor)
Investment Cost Ratio Cost Cost Demand /kW /yr. Demand 6/
$160,631 8.8% $14,136 6,331 27,985 kW 3/ 0.731 485 kW
$257,740 8.8% $22,681 6,331 64,980 kW 4/ 0.446 485 kW
Total UFT Charge $1.177 /kW -yr. 5/
$0.098 /kW -mo.
1/ 0 &M charge based on low voltage terminal in 2 -2 -90 0 &M cost tables.
2/ Taken from 5 -1 -90 ACR table, column (8) minus column (5), Type S5 Substation.
3/ J91 peak loads from Clallam Eastern (27,500 kW) plus Morse Creek (485 kW).
4/ J91 peak loads from Port Angeles City No. 1 (61.25 of Port Angeles City Nos. 1 and 2) plus
Morse Creek (485 kW) plus Clallam Eastern (27,500 kW). (61.25% X 60,400) 485 27,500
64,980 kW.
5/ Unit Charge (I &A Annual Cost) 0 &M Annual Cost /kW yr.
Sum of Non Coincidental Demands
Monthly Charge /kW yr) (Sponsor Demand) /mo.
12 months
6/ Ratchets shall be handled in accordance with section 5(c).
(4427j)
Revision No. 1
Exhibit C, Page 2 of 2
Contract No. DE- MS79- 88BP92315
Morse Creek Hydro Project
Effective at 2400 hours on
September 30, 1990
Exhibit D, Page 1 of 2
Contract No. DE- MS79- 88BP92315
Morse Creek Hydro Project
Effective at 2400 hours on
September 30, 1990
Description of Project, Point of Interconnection, and Points of Delivery
1. MORSE CREEK HYDRO PROJECT
Location: the project is located in the NW 1/4 of Section 29, T3ON,
R5W, Willamette Meridian, Clallam County, Washington; approximately
3 miles east of Port Angeles and 1 -1/2 to 2 miles south of state
route 101 and primarily east of Glass Road;
Demand: 485 kW;
Voltage: 12.5 kV;
Metering: in the City's powerhouse, in the 480 volt circuit over
which such electric power and energy flows;
Adjustments: there shall be an adjustment for transformation losses
between the Project point of metering and the high side of the
Project transformer.
2. MORSE CREEK POINT OF INTERCONNECTION
Location: A point on the Utility's distribution line approximately
one half mile from the Morse Creek Hydro Project at the junction of
Glass and Boyd Roads where the distribution lines of the Utility and
the line from the City's Project interconnect;
Voltage: 12.5 kV;
Adjustments: there shall be an adjustment for transmission losses
between the Morse Creek Hydro Project and the Morse Creek Point of
Interconnection.
3. PORT ANGELES POINT OF INTERCONNECTION
Location: the point in Bay 26 (Clallam Co. PUD's Feeder No. 1) in
the Government's Port Angeles Substation where the 69 kV facilities
of the Utility and the Government are connected;
Voltages: 69 kV;
Metering: in the Government's Port Angeles Substation in the 69 kV
circuit over which such electric power and energy flows;
Adjustments: there shall be an adjustment for distribution losses
between the Utility's Morse Creek Point of Interconnection and the
Government's Port Angeles Point of Interconnection.
4. PORT ANGELES POINT OF DELIVERY
(4427j)
Voltages: 69 kV;
Exhibit D, Page 2 of 2
Contract No. DE- MS79- 88BP92315
Morse Creek Hydro Project
Effective at 2400 hours on
September 30, 1990
Location: the point in Bay 23 (Port Angeles Feeder No. 1) in the
Government's Port Angeles Substation where the 69 kV facilities of
the City and the Government are connected;
Metering: in the Government's Port Angeles Substation in the 69 kV
circuit over which such electric power and energy flows;
Adjustments: there shall be no adjustment for losses between the
Point of Interconnection and the Point of Delivery.
(4427j)
Loss Factors
Exhibit E, Page 1 of 1
Contract No. DE- MS79- 88BP92315
Morse Creek Hydro Project
Effective at 2400 hours on
September 30, 1990
The losses specified in Exhibit D under Points of Interconnection and Points
of Delivery shall consist of two components. The first is the transformation
and transmission losses from the Project to the Morse Creek Point of
Interconnection, and the second is the transmission and transformation losses
from the Morse Creek Point of Interconnection to the Port Angeles Point of
Interconnection. No losses shall be applied between the Port Angeles Point of
Interconnection and the Port Angeles Point of Delivery as specified in
Exhibit D. The losses between the Project Point of Metering and the Port
Angeles Point of Interconnection shall be submitted to the City and the
Utility by Bonneville by separate letter. The revision of these losses shall
be as specified in section 7(c).
Resource service charges shall be incorporated into Exhibit F as developed by
Bonneville according to section 7(d) of this agreement. As of the Effective
Date of this Agreement, the Resource service charge is zero.
(4427j)
Resource Services
Exhibit F, Page 1 of 1
Contract No. DE- MS79- 88BP92315
Morse Creek Hydro
Effective at 2400 hours on
September 30, 1990
1989 Transmission Rate Schedules
and General Transmission Rate Schedule Provisions
E xhibit A
United States Department of Energy
Bonneville Power Administration
905 NE 11th Avenue
Portland, Oregon 97232
Bonneville Power Administration's 1989 Transmission Rate Schedules and General Transmission
Rate Schedule Provisions were approved on an interim basis by the Federal Energy Regulatory
Commission, United States Department of Energy, in a commission order issued September 29,
1989 (Docket Nos. EF89-2021 -000, et al.). These rate schedules and provisions became effective
October 1, 1989. These rate schedules and provisions supersede the Administration's Transmission
Rate Schedules and General Transmission Rate Schedule Provisions effective October 1, 1987. Exist-
ing rate schedules UFT 83 and TGT 1, for which final approval has been extended, are also included
in this brochure.
TRANSMISSION RATE SCHEDULES AND GENERAL TRANSMISSION RATE
SCHEDULE PROVISIONS
Current Transmission Rate Schedules Page
FPT 89.1 Formula Power Transmission 1
FPT -89.3
IR -89
IS -89
1N -89
1E -89
ET-89
MT -89
Extension of Existing Transmission Rate Schedules 9
UFT -83 10
TGT -1 11
General Transmission Rate Schedule Provisions
SECTION!
SECTION!!
SECTION III
SECTION IV
TABLE OF CONTENTS
Formula Power Transmission 2
Integration of Resources 3
Southern Intertie Transmission 4
Northern Intertie Transmission 5
Eastern Intertie Transmission 6
Energy Transmission 7
Market Transmission 8
Adoption of Revised Transmission Rate Schedules and
General Transmission Rate Schedule Provisions 13
Billing Factor Definitions and Billing Adjustments 13
Other Definitions 14
Billing Information 15
SECTION I. AVAILABILITY
This schedule is identical to and supersedes
schedule FPT 87.1 for all firm transmission agree-
ments which provide that rates may be adjusted
not more frequently than once a year. It is available
for firm transmission of electric power and energy
using the Main Grid and /or Secondary System of
the FCRTS. This schedule is for full -year and partial
year service and for either continuous or intermit-
tent service when firm availability of service is re-
quired. For facilities at voltages lower than the
Secondary System, a different rate schedule may
be specified. Service under this rate schedule is
subject to BPA's General Transmission Rate
Schedule Provisions.
SECTION 11. RATE
A.
Full -Year Service
The monthly charge per kilowatt of billing de-
mand shall be one twelfth of the sum of the
Main Grid Charge, the Secondary System
Charge, and Intertie Charge, as applicable and
as specified in the Agreement.
1. Main Grid Charge
The Main Grid Charge shall be the sum of
one or more of the following component fac-
tors as specified in the Agreement:
a. Main Grid Distance Factor: The amount
computed by multiplying the Main Grid
Distance by $0.0250 per mile;
b. Main Grid Interconnection Terminal Factor:
$0.20;
c. Main Grid Terminal Factor: $0.25;
d. Main Grid Miscellaneous Facilities Factor:
$1.04;
2. Secondary System Charge
The Secondary System Charge shall be the
sum of one or more of the following compo-
nent factors as specified in the Agreement:
TRANSMISSION RATE SCHEDULES
SCHEDULE FPT 89.1
FORMULA POWER TRANSMISSION
1
a. Secondary System Distance Factor: The
amount determined by multiplying the Sec-
ondary System Distance by $0.1255 per
mile;
b. Secondary System Transformation Factor:
$1.95;
c. Secondary System Intermediate Terminal
Factor: $0.72;
d. Secondary System Interconnection Termi-
nal Factor: $0.36;
3. Intertie Charge
For use of the Southern Intertie facilities:
$5.21.
B. Partial -Year Service
The monthly charge per kilowatt of billing de-
mand shall be as specified in Section II.A for all
months of the year except for agreements whose
term is 5 years or less and which specify service
for fewer than 12 months per year, the monthly
charge shall be:
1. during months for which service is speficied,
the monthly charge defined in Section II.A,
and
2. during other months, the monthly charge de-
fined in Section II.A multiplied by 0.2.
SECTION 111. BILLING FACTORS
Unless otherwise stated in the Agreement, the bill-
ing demand shall be the largest of:
A. the Transmission Demand;
B. the highest hourly Scheduled Demand for the
month; or
C. the Ratchet Demand.
SECTION I. AVAILABILITY
This schedule is identical to and supersedes
schedule FPT 87.3 for all firm transmission agree-
ments which provide that rates may be adjusted
not more frequently than once every 3 years. It is
available for firm transmission of electric power and
energy using the Main Grid and /or Secondary Sys-
tem of the FCRTS. This schedule is for full -year and
partial -year service and for either continuous or
intermittent service when firm availability of service
is required. For facilities at voltages lower than
the Secondary System, a different rate schedule
may be specified. Service under this rate schedule
is subject to BPA's General Transmission Rate
Schedule Provisions.
SECTION II. RATE
A. Full Year Service
The monthly charge per kilowatt of billing de-
mand shall be one twelfth of the sum of the
Main Grid Charge, the Secondary System
Charge, and Intertie Charge, as applicable and
as specified in the Agreement.
1. Main Grid Charge
The Main Grid Charge shall be the sum of
one or more of the following component fac-
tors as specified in the Agreement:
a. Main Grid Distance Factor: The amount
computed by multiplying the Main Grid
Distance by $0.0250 per mile;
b. Main Grid Interconnection Terminal Factor:
$0.20;
c. Main Grid Terminal Factor: $0.25;
d. Main Grid Miscellaneous Facilities Factor:
$1.04;
2. Secondary System Charge
The Secondary System Charge shall be the
sum of one or more of the following compo-
nent factors as specified in the Agreement:
a. Secondary System Distance Factor: The
amount determined by multiplying the Sec-
ondary System Distance by $0.1255 per
mile;
SCHEDULE FPT 89.3
FORMULA POWER TRANSMISSION
2
b. Secondary System Transformation Factor:
$1.95;
c. Secondary System Intermediate Terminal
Factor: $0.72;
d. Secondary System Interconnection Termi-
nal Factor: $0.36;
3. Intertie Charge
For use of the Southern Intertie facilities:
$5.21.
B. Partial Year Service
The monthly charge per kilowatt of billing de-
mand shall be as specified in Section II.A for all
months of the year except for agreements whose
term is 5 years or less and which specify service
for fewer than 12 months per year, the monthly
charge shall be:
1. during months for which service is speficied,
the monthly charge defined in Section II.A,
and
2. during other months, the monthly charge de-
fined in Section II.A multiplied by 0.2.
SECTION III. BILLING FACTORS
Unless otherwise stated in the Agreement, the bill-
ing demand shall be the largest of:
A. the Transmission Demand;
B. the highest hourly Scheduled Demand for the
month; or
C. the Ratchet Demand.
1
1
SECTION 1. AVAILABILITY
This schedule is identical to and supersedes IR -87
and is available for firm transmission service for
electric power and energy using the Main Grid and/
or Secondary System of the FCRTS. The definitions
of Main Grid and Secondary Sytems are the same
as for the FPT 89.1 and FPT -89.3 rate schedules and
are contained in the General Transmission Rate
Schedule Provisions. For facilities at voltages lower
than the Secondary System, a different rate
schedule may be specified. Service under this
schedule is subject to BPA's General Transmission
Rate Schedule Provisions.
SECTION II. RATE
The monthly charge shall be the sum of A and B
where:
A. The Demand Charge shall be:
1. $0.2600 per kilowatt of billing demand; or
2. for Points of Integration (P01) specified in the
Agreement as being short distance POI's, for
which Main Grid and Secondary System
facilities are used for a distance of less than
75 circuit miles, the following formula applies:
[0.2 (0.8/75 x transmission distance)]
($0.2600 per kilowatt of billing demand)
Where:
the billing demand for a short distance POI
is the demand level specified in the Agree-
ment for such POI, and the transmission dis-
tance is the circuit miles between the POI for
a generating resource of the customer and a
designated Point of Delivery (POD) serving
the load of the customer. Short distance POI's
are determined by BPA after considering fac-
tors in addition to transmission distance.
B. The Energy Charge shall be:
0.85 mills /kWh of billing energy.
SCHEDULE IR -89
INTEGRATION OF RESOURCES
3
SECTION III. BILLING FACTORS
To the extent that the Agreement provides for the
customer to be billed for transmission in excess of
the Transmission Demand or Total Transmission De-
mand, as defined in the Agreement, at the nonfirm
transmission rate (currently ET-89), such transmis-
sion service shall not contribute to either the Billing
Demand or the Billing Energy for the IR rate pro-
vided that the customer requests such treatment
and BPA approves in accordance with the prescribed
provisions in the Agreement.
A. Billing Demand
The billing demand shall be the largest of:
1. the Transmission Demand, except under Gen-
eral Transmission Agreements where a Total
Transmission Demand is defined;
2. the highest hourly Scheduled Demand for the
month; or
3. the Ratchet Demand.
B. Billing Energy
The billing energy shall be the monthly sum of
scheduled kilowatthours.
SECTION I. AVAILABILITY
This schedule is identical to and supersedes IS -87
and is available for all transmission on the Southern
Intertie. Service under this schedule is subject to BPA's
General Transmission Rate Schedule Provisions.
SECTION 11. RATE
A. Nonfirm Rate
The charge for nonfirm transmission of non -BPA
power shall be 1.4 mills /kWh of billing energy.
This charge applies for both north -to -south and
south -to -north transactions.
B. Firm Power Transmission Rate
The charge for firm transmission service granted
access by BPA shall be $0.360 per kW per month
of billing demand and 0.69 mills /kWh of billing
energy. Firm transmission will only be made avail-
able to customers under this rate schedule who
have executed a contract with BPA specifying use
of the Firm Power Transmission rate for either
north -to -south or south -to -north transactions.
SECTION 111. BILLING FACTORS
A. For services under Section II.A, the billing
energy shall be the monthly sum of the
scheduled kilowatthours, plus the monthly sum
of kilowatthours allocated but not scheduled.
The amount of allocated but not scheduled
energy that is subject to billing may be reduced
prorata by BPA due to forced Intertie outages,
and other uncontrollable forces that may reduce
Intertie capacity. The amount of allocated but
not scheduled energy that is subject to billing
also may be reduced upon mutual agreement
between BPA and the customer.
B. For services under Section II.B, the billing de-
mand shall be the Transmission Demand as de-
fined in the Agreement. The billing energy shall
be the monthly sum of scheduled kilowatthours,
unless otherwise specified in the Agreement.
SCHEDULE IS -89
SOUTHERN INTERTIE TRANSMISSION
SECTION I. AVAILABILITY
This schedule is identical to and supersedes IN -87
and is available for all transmission on the Northern
Intertie. Service under this schedule is subject to
BPA's General Transmission Rate Schedule Provisions.
SECTION II. RATE
The charge for transmission of non -BPA power on
the Northern Intertie shall be 1.05 mills /kWh.
SECTION III. BILLING FACTORS
Billing Energy
The billing energy shall be the monthly sum of the
scheduled kilowatthours.
SCHEDULE IN -89
NORTHERN INTERTIE TRANSMISSION
SECTION I. AVAILABILITY
This schedule is identical to and supersedes IE -87
and is available for all nonfirm transmission on the
Eastern Intertie. Service under this schedule is sub-
ject to BPA's General Transmission Rate Schedule
Provisions.
SECTION 11. RATE
The charge for transmission of nonfirm energy on
the Eastern Intertie shall be 2.08 mills /kWh.
SECTION III. BILLING FACTORS
Billing Energy
The billing energy shall be the monthly sum of the
scheduled kilowatthours.
SCHEDULE IE -89
EASTERN INTERTIE TRANSMISSION
SECTION I. AVAILABILITY
This schedule is identical to and supersedes ET-87,
unless otherwise specified in the Agreement, with
respect to delivery using FCRTS facilities other than
the Southern Intertie, Eastern Intertie, or the North-
ern Intertie, and is available for nonfirm transmis-
sion between points within the Pacific Northwest.
BPA may interrupt service which is provided under
this rate schedule. Service under this schedule is
subject to BPA's General Transmission Rate Schedule
Provisions.
SECTION II. RATE
The charge for such nonfirm transmission of non
Federal electric energy shall be 1.61 mills /kWh.
SECTION III. BILLING FACTORS
Billing Energy
The billing energy shall be the monthly sum of
scheduled kilowatthours.
SCHEDULE ET-89
ENERGY TRANSMISSION
7
SECTION I. AVAILABILITY
This schedule is identical to and supersedes MT-87
and is available for transactions using FCRTS facilities
pursuant to the Western Systems Power Pool (WSSP)
Agreement. Service under this schedule is subject
to BPA's General Transmission Rate Schedule Pro-
visions.
SECTION II. RATE
The charge shall be determined in advance by BPA.
The charge shall not exceed 33 percent of the differ-
ence between the highest Decremental Cost of gen-
eration of the WSPP and the lowest Decremental
Cost of generation of the WSPP as determined by
the WSPP Operating Committee during the year
prior to the effective date of the WSPP Agreement.
The Operating Committee may determine that a
subsequent redetermination is necessary based
upon the immediately preceding year's experience.
However, the transmission charge shall not be less
than 1 mill per kilowatthour.
SECTION III. BILLING FACTORS
The billing factors shall be specified in advance by
BPA, as to representing the Transmission Service
use or reservation.
SCHEDULE MT -89
MARKET TRANSMISSION
8
Extension of Existing Transmission Rate Schedules
UFT -83 and TGT -1
The Bonneville Power Administration received extension of final approval for wheeling
rate schedules UFT 83 and TGT 1, from the Federal Energy Regulatory Commission,
United States Department of Energy, in a commission order issued September 29, 1989,
(Docket Nos. EF85- 2021 -001, et al.). These rate schedules are in effect through September
30, 1991.
9
SECTION I. AVAILABILITY
This schedule supersedes UFT-1, and UFT-2, unless
otherwise provided in the Agreement, and is available
for firm transmission over specified FCRTS facilities.
SECTION II. RATE
The monthly charge per kilowatt of Transmission
Demand specified in the Agreement shall be one
twelfth of the annual cost of capacity of the specified
facilities divided by the sum of Transmission De-
mands (in kilowatts) using such facilities. Such an-
nual cost shall be determined in accordance with
Section III.
SECTION 111. DETERMINATION OF
TRANSMISSION RATE
A. From time to time, but not more often than once
in each Contract Year, BPA shall determine the fol-
lowing data for the facilities which have been con-
structed or otherwise acquired by BPA, and which
are used to transmit electric power and energy:
1. The annual cost of the Specified FCRTS
facilities, as determined from the capital cost
of such facilities and annual cost ratios de-
veloped from the FCRTS financial statement,
including interest and amortization, operation
and maintenance, administrative and general,
and general plant costs.
2. The yearly noncoincident peak demands of all
users of such facilities or other reasonable
measurement of the facilities' peak use.
B. The monthly charge per kilowatt of billing de-
mand shall be one twelfth of the sum of the an-
nual cost of the FCRTS facilities used divided by
the sum of Transmission Demands. The annual
cost per kilowatt of Transmission Demand f r a
facility constructed or otherwise acquired by
BPA shall be determined in accordance with the
following formula:
A
D
where:
A The annual cost of such facility as deter-
mined in accordance with A.1. above.
SCHEDULE UFT -83
USE -OF- FACILITIES TRANSMISSION
10
D The sum of the yearly coincident demands
on the facility as determined in accordance with
A.2. above.
The annual cost per killowatt of facilities listed in the
Agreement which are owned by another entity, and
used by BPA for making deliveries to the transferee,
shall be determined from the costs specified in the
Agreement between BPA and such other entity.
SECTION IV. DETERMINATION OF
BILLING DEMAND
Unless otherwise stated in the Agreement, the factor
to be used in determining the kilowatts of billing
demand is the largest of:
A. the Transmission Demand in kilowatts specified
in the Agreement;
B. the highest hourly Measured or Scheduled De-
mand for the month, the Measured Demand
being adjusted for power factor; or
C. the Ratchet Demand.
SECTION 1. AVAILABILITY
This schedule shall apply to all agreements which pro-
f vide for the firm transmission of electric power and
energy over transmission facilities of BPA's section of
the Montana [Eastern] Intertie.
SCHEDULE TGT 1
TOWNSEND GARRISON TRANSMISSION
SECTION II. RATE
The monthly charge shall be one twelfth of the sum
of the annual charges listed below, as applicable and
as specified in the agreements for firm transmission.
The Townsend Garrison 500 -kV lines and associated
terminal, line compensation, and communication
facilities are a separately identified portion of the Fed-
eral Transmission System. Annual revenues plus cre-
dits for Government use should equal annual costs
of the facilities, but in any given year there may be
either a surplus or a deficit. Such surpluses or deficits
for any year shall be accounted for in the computation
of annual costs for succeeding years. Revenue re-
quirements for firm transmission use will be de-
creased by any revenues received from nonfirm use
and credits for all Government use. The general
methodology for determining the firm rate is to divide
the revenue requirement by the total firm capacity re-
quirements. Therefore, the higher the total capacity
requirements, the lower will be the unit rate.
If the Government provides firm transmission service
in its section of the Montana [Eastern] Intertie in ex-
change for firm transmission service in a customer's
section of the Montana Intertie, the payment by the
Government for such transmission services provided
by such customer will be made in the form of a credit
in the calculation of the Intertie Charge for such cus-
tomer. During an estimated 1- to 3 -year period follow-
ing the commercial operation of the third generating
unit at the Colstrip Thermal Generating Plant at Col
strip, Montana, the capability of the Federal Transmis-
sion System west of Garrison Substation may be differ-
ent from the long -term situation. It may not be possi-
ble to complete the extension of the 500 -kV portion
of the Federal Transmission System to Garrision by
such commercial operation date. In such event, the
500/230 -kV
11
transformer will be an essential extension of theTown-
send- Garrison Intertie facilities, and the annual costs
of such transformer will be included in the calculation
of the Intertie Charge.
However, starting 1 month after extension to Garrison
of the 500 -kV portion of the Federal Transmission Sys-
tem, the annual costs of such transformer will no
longer be included in the calculation of the Intertie
Charge.
A. Nonfirm Transmission Charge:
This charge will be filed as a separate Rate Sched-
ule and revenues received thereunder will reduce
the amount of revenue to be collected under the
Intertie Charge below.
B. Intertie Charge for Firm Transmission Service:
(CR EC)
Intertie Charge [(TAC /12 NFR X TCR
SECTION I11. DEFINITIONS
A. TAC Total Annual Costs of facilities associated
with the Townsend Garrison 500 -kV Transmission
line including terminals, and prior to extension
of the 500 -kV portion of the Federal Transmission
System to Garrison, the 500/230 -kV transformer
at Garrison. Such annual costs are the total of
(1) interest and amortization of associated Fed-
eral investment and the appropriate allocation of
general plant costs; (2) operation and mainte-
nance costs; (3) allowance for Bonneville's gen-
eral administrative costs which are appropriately
allocable to such facilities, and (4) payments
made pursuant to section 7(m) of Public Law 96-
501 with respect to these facilities. Total Annual
Costs shall be adjusted to reflect reductions to
unpaid total costs as a result of any amounts re-
ceived, under agreements for firm transmission
service over the Montana Intertie, by the Gov-
ernment on account of any reduction in Trans-
mission Demand, termination or partial termina-
tion of any such agreement or otherwise to com-
pensate BPAforthe unamortized investment, an-
nual cost, removal, salvage, or other cost related
to such facilities.
B. NFR Nonfirm Revenues, which are equal to
(1) the product of the Nonfirm Transmission
Charge described in II.A above, and the total
nonfirm energy transmitted over the Townsend
Garrison line segment under such charge for
such month; plus (2) the product of the Nonfirm
Transmission Charge and the total nonfirm
energy transmitted in either direction by the
Government over the Townsend Garrison line
segment for such month.
C. CR Capacity Requirement of a customer on
the Townsend Garrison 500 -kV transmission
facilities as specified in its firm transmission
agreement.
D. TCR Total Capacity Requirement on the Town-
send- Garrison 500 -kV transmission facilities as
calculated by adding (1) the sum of all Capacity
Requirements (CR) specified in transmission
agreements described in Section I; and (2) the
Government's firm capacity requirement. The
Government's firm capacity requirement shall
be no Tess than the total of the amounts, if any,
specified in firm transmission agreements for
use of the Montana Intertie.
E. EC Exchange credit for each customer which
is the product of (1) the ratio of investment in
the Townsend Broadview 500 -kV transmission
line to the investment in the Townsend Garrison
500 -kV transmission line; and (2) the capacity
which the Government obtains in the Townsend-
Broadview 500 -kV transmission line through ex-
change with such customer. If no exchange is in
effect with a customer, the value of EC for such
customer shall be zero.
12
GENERAL TRANSMISSION RATE SCHEDULE PROVISIONS
SECTION I. ADOPTION OF REVISED TRANS-
MISSION RATE SCHEDULES AND
GENERAL TRANSMISSION RATE
SCHEDULE PROVISIONS
A. Approval of Rates
These rates schedules and General Transmission
Rate Schedule Provisions (GTRSP) shall become
effective upon approval by the Federal Energy
Regulatory Commission. BPA will request FERC
approval effective October 1, 1989. BPA is re-
questing that all proposed Transmission Rate
Schedules be effective for a period of 2 years,
from October 1, 1989, through September 30,
1991, with the exception of the TGT 1 and UFT 83
Rate Schedules which would be effective from
July 1,1990, through September 30,1991. Approval
of the FPT 87.3 Rate Schedule (renamed the FPT
89.3 Rate Schedule on October 1, 1989) is re-
quested for a period of 1 year, from October 1,
1990, through September 30, 1991.
B. General Provisions
These 1989 Transmission Rate Schedules and as-
sociated GTRSP are identical to and supersede
BPA's 1987 Transmission Rate Schedules and
GTRSP (which became effective October 1, 1987)
but do not supersede prior rate schedules re-
quired by agreement to remain in force.
Transmission service provided shall be subject to
the following Acts, as amended: the Bonneville
Project Act, the Regional Preference Act (P.L. 88-
552), the Federal Columbia River Transmission
System Act, and the Pacific Northwest Electric
Power Planning and Conservation Act.
The meaning of terms used in the transmission
rate schedules shall be as defined in agreements
or provisions which are attached to the Agree-
ment or as in any of the above Acts.
C. Interpretation
If a provision in the executed Agreement is in
conflict with a provision contained. herein,.the
former shall prevail.
SECTION II. BILLING FACTOR DEFINITIONS
AND BILLING ADJUSTMENTS
A. Billing Factors
1. Scheduled Demand
The largest hourly amounts wheeled which
are scheduled by the customer during the
time period specified in the rate schedules.
13
2. Metered Demand
The Metered Demand in kilowatts shall
largest of the 60- minute clock -hour integrat
demands measured by meters installed at ea
POD during each time period specified in t
applicable rate schedule. Such measuremei
shall be made as specified in the Agreeme
BPA, in determining the Metered Demar
will exclude any abnormal readings due to
resulting from (a) emergencies or breakdov%
on, or maintenance of, the FCRTS;
(b) emergencies on the customer's faciliti
provided that such facilities have be
adequately maintained and prudently op
ated as determined by BPA. If more than o
class of power is delivered to any POD, t
portion of the metered quantities assigned
any class of power shall be as agreed to by t
parties. The amount so assigned shall con
tute the Metered Demand for such class
power.
3. Transmission Demand
The demand as defined in the Agreement,
4. Total Transmission Demand
The sum of the transmission demands as
fined in the Agreement.
5. Ratchet Demand
The maximum demand established during 1
previous 11 billing months. Exception: I
Transmission Demand or Total Transmissi
Demand has been decreased pursuant to 1
terms of the Agreement during the previc
11 billing months, such decrease will be
flected in determining the Ratchet Deman
B. Billing Adjustments
Average Power Factor
The adjustment for average power factor, wl-
specified in a transmission rate schedule or
the Agreement, shall be made in accordar
with the average power factor section of 1
General Wheeling Provisions.
To maintain acceptable operating conditions
the Federal system, BPA may restrict deliver
of power at any time that the average lead
power factor or average lagging power factor
all classes of power delivered to such point
to such system is below 85 percent.
SECTION III. OTHER DEFINITIONS
Definitions of the terms below shall be applied to
these provisions and the Transmission Rate Sched-
ules, unless otherwise defined in the Agreement.
A. Agreement
An agreement between BPA and a customer to
which these rate schedules and provisions may
be applied.
B. Decremental Cost
As used in the MT rate schedule, Decremental
Cost is as defined in the WSPP Agreement.
C. Eastern Intertie
The segment of the FCRTS for which the transmis-
sion facilities consist of the Townsend Garrison
double- circuit 500 kV transmission line segment
including related terminals at Garrison.
D. Electric Power
Electric peaking capacity (kW) and /or electric
energy (kWh).
E. Federal Columbia River Transmission System
(FCRTS)
The transmission facilities of the Federal Colum-
bia River Power System (FCRPS), which include all
transmission facilities owned by the Government
and operated by BPA, and other facilities over
which BPA has obtained transmission rights.
F. Firm Transmission Service
Transmission service which BPA provides for any
non -BPA power except for transmission service
which is scheduled as nonfirm. If the firm service
is provide pursuant to the Agreement, the terms
of the Agreement may further define the service.
G. Integrated Network
The segment of the FCRTS for which the trans-
mission facilities provide the bulk of transmission
of electric power within the Pacific Northwest,
excluding facilities not segmented to the net-
work in the Wholesale Power Rate Development
Study used in BPA's rate development.
H. Main Grid
As used in the FPT and IR rate schedules, that
portion of the Integrated Network with facilities
rated 230 kV and higher.
1. Main Grid Distance
As used in the FPT rate schedules, the distance
in airline miles on the Main Grid between the
POI and the POD, multiplied by 1.15.
14
J. Main Grid Interconnection Terminal
As used in the FPT rate schedules, Main Grid ter-
minal facilities that interconnect the FCRTS with
non -BPA facilities.
K. Main Grid Miscellaneous Facilities
As used in the FPT rate schedules, switching,
transformation, and other facilities of the Main
Grid.not included in other components.
L. Main Grid Terminal
As used in the FPT rate schedules, the Main Grid
terminal facilities located at the sending and /or
receiving end of a line exclusive of the Intercon-
nection terminals.
M. Nonfirm Transmission Service
Interruptible transmission service which BPA
may provide for non -BPA power.
N. Northern Intertie
The segment of the FCRTS for which the trans-
mission facilities consist of two 500 kV lines be-
tween Custer Substation and the United States
Canadian border, one 500 kV line between Cus-
ter and Monroe Substations, and two 230 kV
lines from Boundary Substation to the United
States Canadian border, and the associated sub-
station facilities.
O. Point of Integration (P01)
Connection points between the FCRTS and non
BPA facilities where non Federal power is made
available to BPA for wheeling.
R Point of Delivery (POD)
Connection points between the FCRTS and non
BPA facilities where non Federal power is deliv-
ered to a customer by BPA.
Q. Secondary System
As used in the FPT and IR rate schedules, that
portion of the Integrated Network facilities with
operating voltage of 115 kV or 69 kV.
R. Secondary System Distance
As used in the FPT rate schedules, the number
of circuit miles of Secondary System transmis-
sion lines between the secondary POI or the
Main Grid and the POD or the lower voltage
FCRTS facilities which may be used on a use -of-
facility basis.
S. Secondary System Interconnection Terminal
As used in the FPT rate schedules, the terminal
facilities on the Secondary System that intercon-
nect the FCRTS with non -BPA facilities.
1
T. Secondary System Intermediate Terminal
As used in the FPT rate schedules, the first and
final terminal facilities in the Secondary System
transmission path exclusive of the Secondary
System Interconnection terminals.
U. Secondary Transformation
As used in the FPT rate schedules, transforma-
tion from Main Grid to Secondary System
facilities.
V. Southern Intertie
The segment of the FCRTS for which the major
transmission facilities consist of two 500 kV AC
lines from John Day Substation to the Oregon
California border, a portion of the 500 kVAC line
from Buckley Substation to Summer Lake Sub-
station, and one 1,000 kV DC line between the
Celilo Substation and the Oregon- Nevada bor-
der, and associated substation facilities.
W. Transmission Service
As used in the MT rate schedule, Transmission
Service is as defined in the WSPP Agreement.
SECTION IV. BILLING INFORMATION
A.
Payment of Bills
Bills for transmission service shall be rendered
monthly by BPA. Failure to receive a bill shall not
release the customer from liability for payment.
Bills for amounts due of $50,000 or more must
be paid by direct wire transfer; customers who
expect that their average monthly bill will not ex-
ceed $50,000 and who expect special difficulties
in meeting this requirement may request, and
BPA may approve, an exemption from this re-
quirement. Bills for amounts due BPA under
$50,0000 may be paid by direct wire tansfer or
mailed to the Bonneville Power Administration,
P.O. Box 6040, Portland, Oregon 97228 -6040, or
to another location as directed by BPA. The pro-
cedures to be followed in making direct wire
transfers will be provided by the Office of Finan-
cial Management and updated as necessary.
1. Computation of Bills
The transmission billing determinant is the
electric power quantified by the method
specified in the Agreement or Transmission
Rate Schedule. Scheduled power or metered
power will be used.
The transmission customer shall provide
necessary information to BPA for any compu-
tation required to determine the proper
charges for use of the FCRTS, and shall coc
erate with BPA in the exchange of additior
information which may be reasonably use
for respective operations.
Demand and energy billings for transmissil
service under each applicable rate schedL
shall be rounded to whole dollar amounts,
eliminating any amount which is less than
cents and increasing any amounts from
cents through 99 cents to the next higher d
lar.
2. Estimated Bills
At its option, BPA may elect to render an e
mated bill to be followed at a subsequent b
ing date by a final bill. The estimated bill sh
have the validity of and be subject to the sar
payment provisions as a final bill.
3. Due Date
Bills shall be due by close of business on t
20th day after the date of the bill (due dat
Should the 20th day be a Saturday, Sunday,
holiday (as celebrated by the customer), t
due date shall be the next following businE
day.
4. Late Payment
Bills not paid in full on or before close of b
iness on the due date shall be subject to a pE
alty charge of $25. In addition, an inter(
charge of one twentieth percent (0.05 p
cent) shall be applied each day to the sum
the unpaid amount and the penalty chart
This interest charge shall be assessed on
daily basis until such time as the unpx
amount and penalty charge are paid in ful
Remittances received by mail will be accept
without assessment of the charges referred
in the preceding paragraph provided the pc
mark indicates the payment was mailed on
before the due date. Whenever a power 1
or a portion thereof remains unpaid st
sequent to the due date and after giving
days advance notice in writing, BPA may cs
cel the contract for service to the custom
However, such cancellation shall not affect t
customer's liability for any charges accru
prior thereto under such agreement.
5. Disputed Billings
In the event of a disputed billing, full paymE
shall be rendered to BPA and the disput
amount noted. Disputed amounts are subjt
to the late payment provisions specified
above. BPA shall separately account for the
disputed amount. If it is determined that the
customer is entitled to the disputed amount,
BPA shall refund the disputed amount with in-
terest, as determined by BPA's Office of Finan-
cial Management.
BPA retains the right to verify, in a manner
satisfactory to the Administrator, all data sub-
mitted to BPA for use in the calculation of
BPA's rates and corresponding rate adjust-
ments. BPA also retains the right to deny eligi-
bility for any BPA rate or corresponding rate
adjustment until all submitted data have been
accepted by BPA as complete, accurate, and
appropriate for the rate or adjustment under
consideration.
6. Revised Bills
At its option, BPA may render a revised bill.
A revised bill shall replace all previous bills is-
sued by BPA that pertain to`a specified cus-
tomer for a specified billing period if the
amount of the revised bill is Tess than the
amount of the original bill. If the amount of
the revision causes an additional amount to
be due BPA beyond the original bill, a revised
bill will be issued for the difference.
The date of the revised bill shall be deter-
mined as follows:
a. If the amount of the revised bill is equal to
or Tess than the amount of the bill which it
is replacing, the revised bill shall have the
same date as the replaced bill.
b. If the amount of the revised bill is greater
than the amount of the bill which it is re-
placing, the date of the revised bill shall be
its' date of issue.
16
In reply refer to PMT
Mr. Robert J. Titus
Director
City of Port Angeles
P.O. Box 1150
Port Angeles, WA 98362
Dear Mr. Titus:
Department of Energy
Bonneville Power Administration
Public Involvement
P.O. Box 12999
Portland, Oregon 97212 -0999
SEP i 3 1989
Contract No. DE- MS79- 89BP92824
On November 15, 1988, The City of Port Angeles (City) and Bonneville Power
Administration (Bonneville) executed a short term letter agreement for firm
wheeling services effective from 2400 hours June 30, 1988 to September 30,
1989. In that agreement, the parties acknowledged that nonfirm wheeling
services for the Morse Creek Project (Project) were provided from October 20,
1987 through June 30, 1988.
It was the parties' desire to operate under this arrangement pending
resolution of Articles 19 -25 of the FERC license.
Currently, Washington Department of Fisheries has environmental concerns and
recognizes that Articles 21 -23 of the FERC license will not be resolved by
September 30, 1989. Because of the unresolved article compliance, Bonneville
proposes that firm wheeling services can be continued as follows:
1. Term. This letter agreement shall be effective at 2400 hours on
September 30, 1989 and shall terminate at 2400 hours on the earlier of:
(a) the effective date of the Long -Term Agreement, Contract
No. DE- MS79- 89BP92315, (Exhibit A) or (b) 2400 hours on September 30,
1990; provided, however, that all liabilities incurred hereunder shall be
preserved until satisfied.
2. Exhibit. Exhibit A is hereby made a part of this agreement; provided,
however, that Section 1 of Exhibit A shall have no force and effect.
3. Operation Under Exhibit A. The parties shall operate pursuant to the
terms of Exhibit A except as otherwise provided. The parties recognize
Clallam County PUD (Utility) owns the interconnection facilities between
the Project and the Government's Port Angeles Substation. Bonneville
shall not be obligated to comply with Exhibit A if the Utility fails to
perform its obligations as designated in Exhibit A.
If the terms of this agreement are satisfactory, please indicate your
acceptance by signing both enclosed copies and returning one copy to George
Reich at the Puget Sound Area Office. Authenticated copies will then be sent
to you for your records.
ACCEPTED:
CITY 0 T 1NGELES
B y
Ti tl e Mavor
Date October 3. 1989
Enclosures
(VS6- PMTT- 3256e)
Sincerely,
Walter E. Pollock
Assistant Administrator
for Power Sales
Title
City Clerk
Date October 3, 1989
2
TRANSMISSION AGREEMENT
executed by the
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
acting by and through the
BONNEVILLE POWER ADMINISTRATION
and
CLALLAM COUNTY PUD
and
CITY OF PORT ANGELES
MORSE CREEK HYDRO PROJECT
Index to Sections
F,HmRIT A
Contract No. DE- MS79- 88BP92315
08/18/88
Section Page
1. Term of Agreement 3
2. Definition and Explanation of Terms 3
3. Exhibits; Interpretations 4
4. Transmission of Electric Power and Energy 4
5. Payment Provisions 6
6. Termination of Agreement and Charges 6
7. Revision of Exhibits 7
8. Reactive Power 9
9. Metering Equipment 9
10. Several Obligations 9
11. Execution in Counterpart 10
Section Page
Exhibit A (Transmission Rate Schedules and
General Transmission Rate Schedule Provisions) 4
Exhibit B (General Wheeling Provisions [GWP Form -4R]) 4
Exhibit C (Transmission Parameters) 4
Exhibit D (Project, Point of Interconnection, Point of Delivery) 4
Exhibit E (Loss Factors) 4
Exhibit F (Resource Services) 4
This TRANSMISSION AGREEMENT, executed 19,, by the
UNITED STATES OF AMERICA (Government), Department of Energy, acting by and
through the BONNEVILLE POWER ADMINISTRATION (Bonneville), CLALLAM COUNTY PUD
(Utility), a Public Utility District of the State of Washington, and the CITY
OF PORT ANGELES (CITY), a municipality of the State of Washington;
W I T N E S S E T H:
WHEREAS the Utility and the City have entered into, or intend to enter
into, an agreement whereby the Utility will provide firm capacity in its
transmission or distribution system facilities for the transmission of
electric power generated at the Morse Creek Hydro Project (Project), and for
interconnection of the Project to the facilities of the Utility
(Interconnection Agreement); and
WHEREAS the Utility and Bonneville have agreed to provide firm capacity on
their transmission or distribution facilities for the transmission of power
from the Project to the City; and
WHEREAS the City owns the Project and the transmission service occurs over
the Utility's and Bonneville's facilities for delivery to the City; and
WHEREAS the load which is served hereunder at the Point of Interconnection
1
and the Point of Delivery is in the control area of Bonneville; and
2
WHEREAS Bonneville is authorized pursuant to law to dispose of electric
power generated at various Federal hydroelectric projects in the Pacific
Northwest, or acquired from other resources, to construct and operate
transmission facilities, to provide transmission and other services, and to
enter into agreements to carry out such authority;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Term of Agreement. This agreement shall be effective commencing at
2400 hours on the date Bonneville has signed all original counterparts of this
agreement (Effective Date), and unless terminated earlier pursuant to the
terms of this Agreement, shall continue until 2400 hours on January 31, 2008.
All obligations incurred hereunder shall continue until satisfied.
Upon expiration of this agreement, Bonneville shall offer to extend
transmission services provided hereunder, subject to the terms and conditions
consistent with the then prevailing Bonneville rates, policy, and Federal
Columbia River Transmission System (FCRTS) conditions.
2. Definition and Explanation of Terms.
(a) "Electric Power" or "power" means electric peaking capacity,
expressed in kilowatts, or electric energy expressed in kilowatthours, or both.
(b) "Point of Delivery" means the point of delivery, described in
Exhibit D, where electric power and energy are delivered to the City by
Bonneville.
(c) "Point of Interconnection" means the point described in Exhibit D
where the project output will be made available by the Utility to Bonneville.
(d) "Project" means the City's Morse Creek Hydro Project facility,
described in Exhibit D, consisting of the site and generating units, and
related transformation and transmission facilities.
3
(e) "Transmission Demand" means the amount specified in Exhibit C,
expressed in kilowatts, which is the maximum hourly amount of electric energy
to be made available to the City under this agreement at the Point of Delivery.
(f) "Use -of- Facilities Charge" means the charge specified in Exhibit C,
which is the monthly charge per kilowatt of Transmission Demand for the Point
of Delivery; such charge has been calculated pursuant to the provisions of
Exhibit A.
3. Exhibits; Interpretations. The rights and obligations of the parties
with respect to provisions hereunder shall be subject to and governed by this
agreement, including
Exhibits A through F (Exhibits) attached hereto and by
this reference made a part of this agreement. The provisions of section 38 of
the General Wheeling Provisions [GWP Form -4R], Exhibit B, requires a minimum
notice prior to a Rate Adjustment Date. If the rates are disapproved or
conditions are placed on them by the agency authorized to approve Bonneville's
transmission rates (Agency) or by any judicial interpretation of legislation
by a court with jurisdiction over Bonneville, Bonneville shall not be required
to give the minimum notice prior to resubmitting the rates to the Agency or
implementing the Agency approved rates. The headings used in this agreement
are for convenient reference only, and shall not affect the interpretation of
this agreement. The City shall be the "Transferee" and the Utility and
Bonneville shall be the "Transferor" referred to in the General Wheeling
Provisions Exhibit.
4. Transmission of Electric Power and Energy.
(a) Before power shall be made available to the City, all equipment and
facilities needed for safe and reliable interconnection to Bonneville's
facilities shall be installed by the City and in operation as approved by
Bonneville.
4
If at any time during the term of this agreement the existence of Project
generation creates disturbances on or otherwise degrades the integrity of the
Federal Columbia River Transmission System (FCRTS), Bonneville may interrupt
transmission services and require the City to install, or have installed at
the City's expense, facilities necessary to correct such problems prior to
resuming such services.
In addition, Bonneville shall require use of its Revenue Metering System
(RMS) meters in accordance with Section 9.
(b) For each hour during the term hereof, the City shall make available
or arrange to have made available to the Utility at the Utility's Morse Creek
Point of Interconnection as defined in Exhibit D, and the Utility shall make
available to Bonneville at the Government's Port Angeles Point of
Interconnection as defined in Exhibit D, an amount of Electric Power metered
at the Project less losses in accordance with Exhibit E.
(c) For each hour during the term hereof, Bonneville shall make available
to the City at the Point of Delivery for account of the City, the amount of
Electric Power made available to Bonneville pursuant to subsection (b).
(d) Bonneville shall add to the metered quantities monthly at the Point
of Interconnection and subtract from the metered quantities monthly at the
Point of Delivery the amount of power made available to Bonneville pursuant to
subsection (b) above.
(e) Nothing contained in the power sales contract between Bonneville and
the Utility (Contract No. DE- MS79- 81BP90488 as amended by Amendatory Agreement
No 1, dated June 3, 1982) and Bonneville and the City (Contract
No. DE- MS79- 818P90450) shall limit in any way the obligations of Bonneville or
the Utility to the City to provide the firm transmission services hereunder.
5
5. Payment Provisions.
(a) The City shall pay Bonneville each month for the transmission
services and the resource services provided hereunder, an amount which shall
be the sum of the products obtained by multiplying each of the charges for
such services by its respective multiplier. The charges and multipliers shall
be as specified in Exhibit C. The resource services shall be developed and
described pursuant to section 7(d). Bonneville shall make appropriate billing
adjustments during periods, if any, when the operation of the Project is
limited by governmental agencies having jurisdiction over air and water
quality standards therefor.
Any ratchet demand that may occur as determined by Bonneville pursuant to
the Transmission Rate Schedules and General Transmission Rate Schedule
Provisions, does not constitute an increase in any Transmission Demand
approved by Bonneville, and any continued service at such level will depend on
the availability of facilities as determined by Bonneville.
(b) The City shall pay the Utility each month for the transmission
services provided by the Utility hereunder as provided in the Interconnection
Agreement. Such obligation is an obligation of the City.
(c) To the extent that the billing determinants contained in Exhibit C
include a demand factor, which may be represented by a "transmission demand,"
"contract demand," "measured demand" or other type of demand quantity, the
billing demand and ratchet provisions, if any, of the General Transmission
Rate Schedule Provisions contained in Exhibit A shall apply to the calculation
of payments.
6. Termination of Agreement and Charges. This agreement may be
terminated with mutual consent of the parties, which consent shall not be
unreasonably withheld, (1) upon destruction or abandonment of the Project;
6
(2) upon discontinuation of Project output under a final order of a public
official having authority to issue such order; (3) upon termination of the
Interconnection Agreement between the City and the Utility for the transfer of
power for the Project; (4) upon denial of a license to construct and operate
the Project from the Federal Energy Regulatory Commission (FERC) or its
successor agency (Agency). This agreement may not be terminated by reason of
a partial reduction in generating capability. If this agreement is terminated
earlier than the term described in section 1 above, or if there is a partial
reduction in generating capability, the City shall pay Bonneville as follows:
(a) for the unamortized nonsalvable investment plus the cost of removal
of any facilities Bonneville has constructed at Government expense for the
purpose of providing transmission service for the Project hereunder; or
(b) monthly at a rate that shall compensate Bonneville for the annual
cost of the facilities so constructed, to the extent such facilities become
unusable in whole or in part as the result of such destruction or abandonment
of the Project or upon such partial permanent reduction or discontinuation of
Project Output.
The payment obligations in this section shall be the obligation of the
City.
7. Revision of Exhibits.
(a) The Use -of- Facility Transmission rate schedule attached hereto as
Exhibit A has been finally confirmed and approved by the Agency. The rate
schedule in Exhibit A shall be replaced by successor rate schedules in
accordance with the provisions of section 70) of the Pacific Northwest Power
Act and Agency rules. The Use -of- Facilities Charge specified in Exhibit C
shall be recalculated following any rate filing according to the provisions of
7
such amended, modified, or successor rate schedules and associated provisions,
and Bonneville shall prepare a new Exhibit C incorporating the revised
Use -of- Facilities Charge.
(b) If Bonneville determines that the charges specified in Exhibit C or
any subsequent charges specified in this agreement must be changed pursuant to
sections 19 or 38 of Exhibit B, it shall prepare a new Exhibit C incorporating
such changes. Such new Exhibit C shall be substituted for the Exhibit C then
in effect and shall become effective as of the date specified therein.
(c) The loss factor specified in Exhibit E may be revised from time to
time upon notification by the City and Utility, or Bonneville's determination
that conditions at the Project or on the Utility's system have changed
sufficiently to warrant recalculating the loss factor. Bonneville shall
calculate the new loss factor and submit to the City and Utility by letter
pursuant to Exhibit E.
(d) Exhibit F shall be revised to include charges for resource services
which Bonneville provides for the Project or upon determination by Bonneville
that any such resource service charge contained therein must be changed to
properly compensate Bonneville for providing such services. The resource
services may include, but shall not be limited to, such services as operating
reserves and making available amounts of power and energy to the City,
pursuant to section 4(c) above, which vary from the amounts of actual Project
generation. The resource service charge set forth in Exhibit F shall not be
increased more frequently than once during any consecutive 12 month period.
Bonneville shall provide the City and Bonneville's other customers with a
reasonable opportunity of not less than 90 days to comment prior to the
effective date of such proposed revised charges. Revised charges shall take
effect on the date specified by Bonneville in its written notice to the City
of its intention to revise such charge.
8
8. Reactive Power. It is the intent of the parties hereto that the
voltage level at the Points of Interconnection and the Points of Delivery be
controlled in accordance with prudent utility operating practice. The parties
hereto shall jointly plan and operate their systems so as not to place an
undue burden on the other party to supply or absorb reactive power
accompanying or resulting from deliveries hereunder.
9. Metering Equipment. Bonneville shall require use of a Revenue
Metering System (RMS) unit or like unit meeting Bonneville's specifications to
meter output from the Project. Bonneville shall perform all 0 &M services on
the RMS unit. Likewise, the City shall use JEM meters, or equivalent, to
determine output from the Project; and the City shall perform all O &M service
on its meter. The cost associated with the purchase and maintenance of the
RMS unit including repair or replacement shall be at the City's expense. The
original purchase of the RMS unit is provided under Agreement
No. DE- AI79- 87BP72149. Installation of telecommunications equipment for both
Bonneville and City metering equipment and all service charges shall be at the
City's expense. Ownership of the RMS equipment shall remain with the
Government.
10. Several Obligations. Except where specifically stated in this
agreement to be otherwise, the duties, obligations, and liabilities of the
parties are intended to be several and not joint or collective. Nothing
contained in this agreement shall ever be construed to create an association,
trust, partnership, or joint venture or to impose a trust or partnership duty,
obligation, or liability on or with regard to any party. Each party shall be
individually and severally liable for its own obligation under this agreement.
9
11. Execution in Counterpart. This agreement may be executed in any
number of counterparts in which case all such counterparts shall be deemed to
constitute a single document with the same force and effect as if all parties
hereto having signed a counterpart had signed all other counterparts. The
agreement shall become effective in accordance with section 1.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in
several counterparts.
CLALLAM COUNTY PUD ATTEST:
By By
Title Title
Date Date
0= PORT ANGELES AT
By L By
Title Ma�rnr
Date October 4, 1989
(VS6- PMT- 0758e)
10
UNITED STATES OF AMERICA
Department of Energy
Bonneville Power Administration
By
Date
Title
Date October 4. 1989
City Clark
t
GWP Form -4R (04- 15 -83)
GENERAL WHEELING PROVISIONS
Index to Sections
Section Page
GENERAL APPLICATION
1. Interpretation 2
2. Definitions 2
3. Prior Demands 4
4. Measurements 4
5. Measurements and Installation of Meters 5
6. Tests of Metering Installations 5
7. Adjustment for Inaccurate Metering 5
8. Character of Service 6
9. Point(s) of Delivery and Delivery Voltage 6
10. Combining Deliveries Coincidentally 6
11. Suspension of Deliveries 6
12. Continuity of Service 6
13. Uncontrollable Forces 7
14. Reducing Charges for Interruptions 7
15. Net Billing 7
16. Average Power Factor 7
17. Permits 8
18. Ownership of Facilities 8
19. Adjustment for Change of Conditions 8
20. Dispute Resolution and Arbitration 9
21. Contract Work Hours and Safety Standards 10
22. Convict Labor 11
23. Equal Employment Opportunity 11
24. Additional Provisions 12
25. Reports 12
26. Assignment of Contract 12
27. Waiver of Default 13
28. Notices and Computation of Time 13
29. Interest of Member of Congress 13
APPLICABLE ONLY IF TRANSFEREE IS A PARTY TO THIS CONTRACT
30. Balancing Phase Demands 13
31. Adjustment for Unbalanced Phase Demands 13
32. Changes in Requirements or Characteristics 13
33. Inspection of Facilities 13
34. Electric Disturbances 14
35. Harmonic Control 15
APPLICABLE ONLY IF TRANSFEREE IS NOT A PARTY TO THIS CONTRACT
36. Protection of the Transferor 15
RELATING ONLY TO RURAL ELECTRIFICATION BORROWERS
37. Approval of Contract
APPLICABLE ONLY IF BONNEVILLE IS THE TRANSFEROR
38. Equitable Adjustment of Rates
5 .zr
PitILBIT s
15
15
1. Interpretation.
GENERAL APPLICATION
(a) The provisions in this exhibit shall be deemed to be a part of the
contract body to which they are an exhibit. If a provision in such contract
body is in conflict with a provision contained herein, the former shall
prevail.
(b) If a provision in the General Transmission Rate Schedule Provisions
is in conflict with a provision in this exhibit or the contract body, this
exhibit or the contract body shall prevail.
(c) Nothing contained in this contract shall,, in any manner, be construed
to abridge, limit, or deprive any party thereto of any means of enforcing any
remedy, either at law or in equity, for the breach of any of the provisions
thereof which it would otherwise have.
2. Definitions. As used in this contract:
(a) "Contractor," "Utility" or "Borrower" means the party to this
contract other than Bonneville.
(b) "Federal System" or "Federal System Facilities" means the facilities
of the Federal Columbia River Power System, which for the purposes of this
contract shall be deemed to include the generating facilities of the
Government in the Pacific Northwest for which Bonneville is designated as
marketing agent; the facilities of the Government under the jurisdiction of
Bonneville; and any other facilities:
(1) from which Bonneville receives all or a portion of the
generating capability (other than station service) for use in meeting
Bonneville's loads, such facilities being included only to the extent
Bonneville has the right to receive such capability; provided, however,
that "Bonneville's loads" shall not include that portion of the loads of
any Bonneville customer which are served by a; nonfederal generating
resource purchased or owned directly by such customer which may be
scheduled by Bonneville;
(2) which Bonneville may use under contract, or license; or
(3) to the extent of the rights acquired by Bonneville pursuant to
the Treaty, between the Government and Canada, relating to the cooperative
development of water resources of the Columbia River Basin, signed in
Washington, D.C., on January 17, 1961.
(c) "Integrated Demand" means the number of kilowatts which is equal to
the number of kilowatt -hours delivered at any point during a clock hour.
(d) "Measured Demand" means the maximum Integrated Demand for a billing
month determined from measurements made as specified in the contract or as
determined in section 4 hereof when metering or other data are not available
2
1
for such purpose. Bonneville, in determining the Measured Demand, will
exclude any abnormal Integrated Demands due to, or resulting from
(a) emergencies or breakdowns on, or maintenance of, either parties'
facilities, and (b) emergencies on facilities of the Transferee, provided that
such facilities have been adequately maintained and prudently operated as
determined by Bonneville.
If the contract provides for delivery of more than one class of power to a
Transferee at any Point of Delivery, the portion of each Integrated Demand
assigned to any class of power shall be determined as specified in the
contract. The portion of the Integrated Demand so assigned shall constitute
the Measured Demand for such class of power.
(e) "Month" means the period commencing at the time when the meters
mentioned in this contract are read by Bonneville and ending approximately 30
days thereafter when a subsequent reading of such meters is made by Bonneville.
(f) "Point(s) of Delivery" means the point(s) of delivery listed either
in the Points of Delivery Exhibit to this contract or in the body of this
contract.
(g) "System" or "Facilities" means the transmission facilities:
(1) which are owned or controlled by either party, or (2) which either party
may use under lease, easement, or license.
(h) "Transferee" means an entity which receives power or energy from the
system of the Transferor.
(1) "Transferor" means an entity which receives at one point on its
system a supplying entity's power or energy and makes such power or energy
available at another point on its system for the account of the delivering
entity or a third party.
(0) "Uncontrollable Forces" means:
(1) strikes or work stoppage affecting the operation of the
Contractor's works, system, or other physical facilities or of the Federal
System Facilities or the physical facilities of any Transferee upon which
such operation is completely dependent; the term "strikes or work
stoppage" shall be deemed to include threats of imminent strikes or work
stoppage which reasonably require a party or Transferee to restrict or
terminate its operations to prevent substantial loss or damage to its
works, system, or other physical facilities; or
(2) such of the following events as the Contractor or Bonneville or
any Transferee by exercise of reasonable diligence and foresight, could
not reasonably have been expected to avoid:
(A) events, reasonably beyond the control of either party or
any Transferee, causing failure, damage, or destruction of any works,
system or facilities of such party or Transferee; the word "failure"
3
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 operation of, or which constitute an imminent threat of
damage to, any such works, system, or facilities; and
(C) orders and temporary or permanent injunctions which prevent
operation, in whole or in part, of the works, system, or facilities
of either party or any Transferee, 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, provided by law (a) if said party or
Transferee has no right to a review of the validity of such
order by a court of competent jurisdiction; or (b) if such order
is operative and effective unless suspended, set aside, or
annulled by a court of competent jusidiction and such order is
not suspended, set aside, or annulled in a judicial proceeding
prosecuted by said party or Transferee in good faith; provided,
however, that if such order is suspended, set aside, or annufTed
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 or Transferee, shall
not be required to prosecute such a proceeding, in order to have
the benefits of this section, if the parties agree that there is
no valid basis for contesting the order.
The term "operation" as used in this subsection shall be deemed
to include construction, if construction is required to implement the
contract and is specified therein.
3. Prior Demands.
(a) In determining any credit demand mentioned in, or money compensation
to be paid under this contract for any month, Integrated Demands at which
electric energy was delivered by the Transferor at Points of Delivery
mentioned herein for the account of the other party to this contract prior to
the date upon which the contract takes effect shall be considered in the same
manner as if this contract had been in effect.
(b) If either party has delivered electric power and energy to the other
party at any Point of Delivery specified in this contract or in any previous
contract, and such Point of Delivery is superseded by another Point of
Delivery specified in this contract, the Measured Demands, if any, at the
superseded Point of Delivery shall be considered for the purpose of
determining the charges paid to the Transferor for the electric power and
energy delivered under this contract at such superseded point.
4. Measurements. Except as it is otherwise provided in section 7, each
measurement of each meter mentioned in this contract shall be the measurement
4
automatically recorded by such meter or, at the request of either party, the
measurement as mutually determined by the best available information.
If it is provided in this contract that measurements made by any of the
meters specified therein are to be adjusted for losses, such adjustments shall
be made by using factors, or by compensating the meters, as agreed upon by the
parties hereto. If changes in conditions occur which substantially affect any
such loss factor or compensation, it will be changed in a manner which will
conform to such change in conditions.
5. Measurements and Installation of Meters. Bonneville may at any time
install a meter or metering equipment to make the measurements for any Point
of Delivery required for any computation or determination mentioned in this
contract, and if so installed, such measurements shall be used thereafter in
such computation or determination.
6. Tests of Metering Installations. Each party to this contract shall,
at its expense, test its metering installations associated with this contract
at least once every two years, and, if requested to do so by the other party,
shall make additional tests or inspections of such installations, the expense
of which shall be paid by such other party unless such additional tests or
inspections show the measurements of such installations to be inaccurate as
specified in section 7. Each party shall give reasonable notice of the time
when any such test or inspection is to be made to the other party who may have
representatives present at such test or inspection. Any component of such
installations found to be defective or inaccurate shall be adjusted, repaired
or replaced to provide accurate metering.
7. Adjustment for Inaccurate Metering
(a) If any meter mentioned in this contract fails to register, or if the
measurement made by such meter during a test made as provided in section 6
varies by more than one percent from the measurement made by the standard
meter used in such test, or if an error in meter reading occurs, adjustment
shall be made correcting all measurements for the actual period during which
such innacurate measurements were made, if such period can be determined. If
such period cannot be determined, the adjustment shall be made for the period
immediately preceding the test of such meter which is equal to the lesser of
(a) one -half the time from the date of the last preceding test of such meter,
or (b) six months. Such corrected measurements shall be used to recompute the
amounts of any electric power and energy to be made available, or any credits
to be made in any exchange energy account, and of any money compensation to be
paid to the Transferor as provided in this contract.
(b) If the credit theretofore made to the Transferor in the exchange
energy account varies from the credit to be made as recomputed, the amount of
the variance will be credited in such exchange energy account to the party
entitled thereto.
(c) If the money compensation theretofore paid to the Transferor varies
from the money compensation to be paid as recomputed, the amount of the
variance will be paid to the party entitled thereto after both parties have
agreed to such recomputation and within 30 days after receipt of invoice by
the designated payment office of the payer; provided, however, that the other
5
party may deduct such amount due it from any money compensation which
thereafter becomes due the Transferor under this contract.
8. Character of Service. Unless otherwise specifically provided for in
the contract, electric power and energy made available pursuant to this
contract shall be in the form of three -phase current, alternating at a nominal
frequency of 60 hertz.
9. Point(s) of Delivery and Delivery Voltage. Electric power and energy
shall be delivered to each Transferee at such point or points and at such
voltage or voltages as are agreed upon by the parties hereto.
10. Combining Deliveries Coincidentally. If; it is provided in this
contract that charges for electric power and energy made available at two or
more Points of Delivery will be made by combining deliveries at such points
coincidentally:
(a) the total Measured Demand to be considered in determining the billing
demand for each billing month shall be the largest sum obtained by adding for
each demand interval of such month the corresponding Integrated Demands of the
Transferee at all such points after adjusting said Integrated Demands as
appropriate to such points;
(b) the number of kilowathours to be used in determining the energy
charge, if any, and the average power factor at which electric energy is
delivered at suc.h points under this contract, during such month, shall be the
sum of the amounts of electric energy delivered at such points under this
contract during such month; and
(c) the number of reactive kilovolt- ampere -hours to be used in
determining such average monthly power factor shall be the sum of the reactive
kilovolt- ampere -hours delivered at such points under this contract such month.
11. Suspension of Deliveries. The other party to this contract may at
any time notify the Transferor in writing to suspend the deliveries of
electric power and energy provided for in this contract. Upon receipt of any
such notice, the Transferor will forthwith discontinue, and will not resume,
such deliveries until notified to do so by the other party, and upon receipt
of such notice from the other party to do so, will forthwith resume such
deliveries.
12. Continuity of Service. Either party may temporarily interrupt or
reduce deliveries of electric power and energy if such party determines that
such interruption or reduction is necessary or desirable in case of system
emergencies, Uncontrollable Forces, or in order to install equipment in, make
repairs to, make replacements within, make investigations and inspections of,
or perform other maintenance work on its system. Except in case of emergency
and in order that each party's operations will not be unreasonably interfered
with, such party shall give notice to the other party of any such interruption
or reduction, the reason therefor, and the probable duration thereof to the
extent such party has knowledge thereof. Each party shall effect the use of
temporary facilities or equipment to minimize the effect of any such
interruption or outage to the extent reasonable or appropriate.
6
13. Uncontrollable Forces. Each party shall notify the other as soon as
possible of any (incontrollable Forces which may in any way affect the delivery
of power hereunder. In the event the operations of either party are
interrupted or curtailed due to such Uncontrollable Forces, such party shall
exercise due diligence to reinstate such operations with reasonable dispatch.
14. Reducing Charges for Interruptions. If deliveries of electric power
and energy to the Transferee are suspended, interrupted, interfered with or
curtailed due to Uncontrollable Forces on either the Transferee's System or
Transferor's System, or if the Transferor interrupts or reduces deliveries to
the Transferee for any of the reasons stated in section 12 hereof, the credit
in the exchange energy account which would otherwise be made, or the money
compensation which would otherwise be paid to the Transferor, shall be
appropriately reduced. No interruption, or equivalent interruption, of less
than 30 minutes duration will be considered for computation of such reduction
in charges.
15. Net Billing. Upon mutual agreement of the parties, payment due one
party may be offset against payments due the other party under all contracts
between the parties hereto for the sale and exchange of electric power and
energy, use of transmission facilities, operation and maintenance of electric
facilities, lease of electric facilities, mutual supply of emergency and
standby electric power and energy, and under such other contracts between such
parties as the parties may agree, unless otherwise provided in existing
contracts between the parties. Under contracts included in this procedure,
all payments due one party in any month small be offset against payments due
the other party in such month, and the resulting net balance shall be paid to
the party in whose favor such balance exists unless the latter elects to have
such balance carried forward to be added to the payments due it in a
succeeding month.
16. Average Power Factor.
(a) The formula for determining average power factor is as follows:
Average Power Factor Kilowatthours
/(Kilowatthours) (Reactive Kilovolt- ampere- hours)
The data used in the above formula shall be obtained from meters which are
ratcheted to prevent reverse registration.
(b) When delivery of electric power and energy by the Transferor at any
point is commingled with any other class or classes of power and it is
impracticable to separately meter the kilowatthours and reactive
kilovolt- ampere -hours for each class, the average power factor of the total
delivery of such electric power and energy for the month will be used, where
applicable, as the power factor for each of the separate classes.
(c) Except as it is otherwise specifically provided in this contract, no
adjustment will be made for power factor at any point of delivery described in
this contract while the varhours delivered at such point are not measured.
7
(d) The Transferor may, but shall not be obligated to, deliver electric
energy hereunder at a power factor of less than 0.85 leading or lagging.
17. Permits.
(a) If any equipment or facilities associated with any Point of Delivery
and belonging to a party to this contract are or are to be located on the
property of the other party, a permit to install, test, maintain, inspect,
replace, repair, and operate during the term of this contract and to remove
such equipment and facilities at the expiration of said term, together with
the right of entry to said property at all reasonable times in such term, is
hereby granted by the other party.
(b) Each party shall have the right at all reasonable times to enter the
property of the other party for the purpose of reading any and all meters
mentioned in this contract which are installed on such property.
(c) If either party is required or permitted to install, test, maintain,
inspect, replace, repair, remove, or operate equipment on the property of the
other, the owner of such property shall furnish the other party with accurate
drawings and wiring diagrams of associated equipment and facilities, or, if
such drawings or diagrams are not available, shall furnish accurate
information regarding such equipment or facilities. The owner of such
property shall notify the other party of any subsequent modification which may
affect the duties of the other party in regard to such equipment, and furnish
the other party with accurate revised drawings, if possible.
18. Ownership of Facilities.
(a) Except as otherwise expressly provided, ownership of any and all
equipment, and of all salvable facilities installed or previously installed by
a party to this contract on the property of the other party shall be and
remain in the installing party.
(b) Each party shall identify all movable equipment and all other
salvable facilities which are installed by such party on the property of the
other by permanently affixing thereto suitable markers plainly stating the
name of the owner of the equipment and facilities so identified. Within a
reasonable time subsequent to initial installation, and subsequent to any
modification of such installation, representatives of the parties shall
jointly prepare an itemized list of said movable equipment and facilities.
19. Adjustment for Change of Conditions. If changes in conditions
hereafter occur which substantially affect any factor required by this
contract to be used in determining (a) any credit in any exchange energy
account to be made, money compensation to be paid, or amount of electric power
and energy or losses to be made available to one party by the other party, or
(b) any maximum replacement demand, or average power factor mentioned in this
contract, such factor will be changed in an equitable manner which will
conform to such changes of conditions. If an increase in the capacity of the
facilities being used by the Transferor in making deliveries hereunder is
required at any time after execution of this contract to enable the Transferor
to make the deliveries herein required together with those required for its
own operations, the construction or installation of additional or other
8
equipment or facilities for that purpose shall be deemed to be a change of
conditions within the meaning of the preceding sentence.
If, pursuant to the terms of the agreement establishing such exchange
energy account, another rate is substituted for the rate to be used in
settling the balance in such account, the number of kilowatthours to be
credited to the Transferor in such account for each month as provided in this
agreement, shall be changed for each month thereafter to the amount computed
by multiplying such number of kilowatthours by 2.5 mills and dividing the
resulting product by the currently effective substituted rate in mills per
ki 1 owatthour.
20. Dispute Resolution and Arbitration.
(a) Pending resolution of a disputed matter the parties will continue
performance of their respective obligations pursuant to this contract. If the
parties cannot reach timely mutual agreement on any matter in the
administration of this contract Bonneville shall, unless otherwise
specifically provided for in subsection (b) below and, to the extent necessary
for its continued performance, make a determination of such matter without
prejudice to the rights of the other party. Such determination shall not
constitute a waiver of any other remedy belonging to the Contractor.
(b) The questions of fact stated below shall be subject to arbitration.
Other questions of fact under this contract may be submitted to arbitration
upon written mutual agreement of the parties. The party calling for
arbitration shall serve notice in writing upon the other party, setting forth
in detail the question or questions to be arbitrated and the arbitrator
appointed by such party. The other party shall, within 10 days after the
receipt of such notice, appoint a second arbitrator, and the two so appointed
shall choose and appoint a third. In case such other party fails to appoint
an arbitrator within said 10 days, or in case the two so appointed fail for
10 days to agree upon and appoint a third, the party calling for the
arbitration, upon 5 days' written notice delivered to the other party, shall
apply to the person who at the time shall be the presiding judge of the United
States Court of Appeals for the Ninth Circuit for appointment of the second
and third arbitrator, as the case may be.
The determination of the question or questions submitted for
arbitration shall be made by a majority of the arbitrators and shall be
binding on the parties. Each party shall pay for the services and expenses of
the arbitrator appointed by or for it, for its own attorney fees, and for
compensation for its witnesses or consultants. All other costs incurred in
connection with the arbitration shall be shared equally by the parties thereto.
The questions of fact to be determined as provided in this section
shall be limited to:
(1) the determination of the measurements to be made by the parties
hereto pursuant to section 4;
(2) the correction of the measurements to be made pursuant to
section 7;
9
(3) the duration of the interruption or equivalent interruption in
section 14;
(4) whether changes in conditions mentioned in section 19 have
occurred;
(5) whether the changes mentioned in section 30 were made "promptly
(6) whether an increase or decrease in load or change in load factor
mentioned in section 32 is unusual;
(7) any issue which both parties agree is an issue of fact mentioned
in sections 30, 31, and 34;
(8) the occurrence of an abnormal nonrecurring demand and the amount
and time thereof;
(9) whether a party has complied with section 34(b); and
(10) the acceptable level of harmonics for purposes of section 35.
21. Contract Work Hours and Safety Standards.
This contract, if and to the extent required by applicable law and if
not otherwise exempted, is subject to the following provisions:
(a) Overtime Requirements. No Contractor or subcontractor contracting
for any part of contract Work which may require or involve the employment
of laborers or mechanics, shall require or permit any laborer or mechanic in
any workweek in which such worker is employed on such work to work in excess
of 8 hours in any calendar day or in excess of 40 hours in such workweek
unless such laborer or mechanic receives compensation at a rate not less than
one and one -half times such worker's basic rate of pay for all hours worked in
excess of eight hours in any calendar day or in excess of 40 hours in such
workweek, as the case may be.
(b) Violation; Liability for Unpaid Wages; Liquidated Damages. In the
event of any violation of the provisions of subsection (a), the Contractor and
any subcontractor responsible therefor shall be liable to any affected
employee for such employee's unpaid wages. In addition, such contractor and
subcontractor shall be liable to the Government for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer
or mechanic employed in violation of the provisions of subsection (a) in the
sum of $10 for each calendar day on which such employee was required or
permitted to be employed in such work in excess of eight hours or in excess of
such employee's standard workweek of 40 hours without payment of the overtime
wages required by subsection (a) above.
(c) Withholding for Unpaid Wages and Liquidated Damages. Bonneville may
withhold or cause to be withheld, from any moneys payable on account of work
performed by the Contractor or subcontractor, such sums as may
administratively be determined to be necessary to satisfy any liabilities of
such Contractor or subcontractor for unpaid wages and liquidated damages as
provided in subsection (b) above.
10
(d) Subcontracts. The Contractor shall insert in any subcontracts the
clauses set forth in subsections (a) through (c) of this provision and also a
clause requiring the subcontractors to include these clauses in any lower tier
subcontracts which they may enter into, together with a clause requiring this
insertion in any further subcontracts that may in turn be made.
(e) Records. The Contractor shall maintain payroll records containing
the information specified in 29 CFR 516.2(a). Such records shall be preserved
for 3 years from the completion of the contract.
22. Convict Labor. In connection with the performance of work under this
contract, the Contractor agrees, if and to the extent required by applicable
law or if not otherwise exempted, not to employ any person undergoing sentence
of imprisonment except as provided by Public Law 89 -176, September 10, 1965
(18 U.S.C. 4082(c)(2)) and Executive Order 11755, December 29, 1973.
23. Equal Employment Opportunity. During the performance of this
contract, if and to the extent required by applicable law or if not otherwise
exempted, the Contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national
origin. The Contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, or national origin. Such action shall
include, but not be limited to, the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided by Bonneville setting forth the provisions of the Equal
Opportunity clause.
(b) The Contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to race,
color, religion, sex, or national origin.
(c) The Contractor will send to each labor union or representative of
workers with which said Contractor has a collective bargaining agreement or
other contract or understanding, a notice, to be provided by Bonneville,
advising the labor union or worker's representative of the Contractor's
commitments under this Equal Opportunity clause and shall post copies of the
notice in conspicuous places available to employees and applicants for
employment.
(d) The Contractor will comply with all provisions of Executive Order
No. 11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
(e) The Contractor will furnish all information and reports required by
Executive Order No. 11246 of September 24, 1965, and by the rules,
regulations, and relevant orders of the Secretary of Labor, or pursuant
11
thereto, and will permit access to said Contractor's books, records, and
accounts by Bonneville and the Secretary of Labor for purposes of
investigations to ascertain compliance with such rules, regulations, and
orders.
(f) In the event of the Contractor's noncompliance with the Equal
Opportunity clause of this contract or with any of such rules, regulations, or
orders, this contract may be cancelled, terminated, or suspended in whole or
in part and the Contractor may be declared ineligible for further Government
contracts in accordance with procedures authorized in Executive Order
No. 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order No. 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
(g) The Contractor will include the provisions of paragraphs (a) through
(f) in every subcontract or purchase order unless :exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order No. 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The Contractor
will take such action with respect to any subcontract or purchase order as
Bonneville may direct as a means of enforcing such provisions, including
sanctions for noncompliance. In the event the Contractor becomes involved in,
or is threatened with, litigation with a subcontractor or vendor as a result
of such direction by Bonneville, the Contractor may request the Government to
enter into such litigation to protect the interests of the Government.
24. Additional Provisions. The Contractor agrees to comply with the
clauses ror government contracts contained in the following statutes,
Executive Orders, and regulations to the extent applicable:
(a) the Rehabilitation Act of 1973, Public Law 93 -112, as amended, and
41 CFR 60 -741 (affirmative action for handicapped workers);
(b) the Vietnam Era Veterans Readjustment Assistance Act of 1974, Public
Law 92 -540, as amended, and 41 CFR 60 -250 (affirmative action for disabled
veterans and veterans of the Vietnam era);
(c) Executive Order 11625 and 41 CFR 1- 1.1310 -2 (utilization of minority
business enterprises);
(d) the Small Business Act, as amended.
25. Reports. The other party to this contract will furnish Bonneville
such information as is necessary for making any computation required for the
purposes of this contract, and the parties will cooperate in exchanging such
additional information as may be reasonably useful for their respective
operations.
26. Assignment of Contract. This contract shall inure to the benefit of,
and shall be binding upon fne respective successors and assigns of the parties
to this contract. Such contract or any interest therein shall not be
transferred or assigned by either party to any party other than the Government
or an agency thereof without the written consent of the other except as
12
specifically provided in this section. The consent of Bonneville is hereby
given to any security assignment or other like financing instrument which may
be required under terms of any mortgage, trust, security agreement or holder
of such instrument of indebtedness made by and between the Contractor and any
mortgagee, trustee, secured party, subsidiary of the Contractor or holder of
such instrument of indebtedness, as security for bonds of other indebtedness
of such Contractor, present or future; such mortagagee, trustee, secured
party, subsidiary, or holder may realize upon such security in foreclosure or
other suitable proceedings, and succeed to all right, title, and interests of
such Contractor.
27. Waiver of Default. Any waiver at any time by any party to this
contract of its rights with respect to any default of any other party thereto,
or with respect to any other matter arising in connection with such contract,
shall not be considered a waiver with respect to any subsequent default or
matter.
28. Notices and Ccmputation of Time. Any notice required by this
contract to be given to any party shall be effective when it is received by
such party, and in computing any period of time from such notice, such period
shall commence at 2400 hours on the date of receipt of such notice.
29. Interest of Member of Congress. No Member of, or Delegate to
Congress, or Resident Commissioner shall be admitted to any share or part of
this contract or to any benefit that may arise therefrom, but this provision
shall not be construed to extend to this contract if made with a corporation
for its general benefit.
APPLICABLE ONLY IF TRANSFEREE IS A PARTY TO THIS CONTRACT
30. Balancing Phase Demands. If required by the Transferor at any time
during the term of this contract, the Transferee shall promptly make such
changes as are necessary on its system to balance the phase currents at any
Point of Delivery so that the current of any one phase shall not exceed the
current on any other phase at such point by more than 10 percent.
31. Adjustment for Unbalanced Phase Demands. If the Transferee fails to
promptly make the changes mentioned in section 30, the Transferor may, after
giving written notice one month in advance, determine that the Measured Demand
of the Transferee at the Point of Delivery in question during each month
thereafter, until such changes are made, is equal to the product obtained by
multiplying by three the largest of the Integrated Demands on any phase
adjusted as appropriate to such point during such month.
32. Changes in Requirements or Characteristics. The Transferee will,
whenever possible, give reasonable notice to the Transferor of any unusual
increase or decrease of its demands for electric power and energy on the
Transferor's system, or of any unusual change in the load factor or power
factor at which the Transferee will take delivery of electric power and energy
under this contract.
33. Inspection of Facilities. Each party may for any reasonable purpose
under this contract inspect the other party's electric installation at any
reasonable time. Such inspection, or failure to inspect, shall not render
13
34. Electric Disturbances.
such party, its officers, agents, or employees, liable or responsible for any
injury, loss, damage, or accident resulting from defects in such electric
installation, or for violation of this contract. The inspecting party shall
observe written instructions and rules posted in facilities and such other
necessary instructions or standards for inspection as the parties agree to.
Only those electric installations used in complying with the terms of this
contract shall be subject to inspection.
(a) For the purposes of this section, an electric disturbance is any
sudden, unexpected, changed, or abnormal electric, condition occurring in or on
an electric system which causes damage.
(b) Each party shall design, construct, operate, maintain and use its
electric system in conformance with accepted utility practices:
(1) to minimize electric disturbances such as, but not limited to,
the abnormal flow of power which may damage or interfere with the electric
system of the other party or any electric system connected with such other
party's electric system; and
(2) to minimize the effect on its electric system and on its
customers of electric disturbances originating on its own or another
electric system.
(c) If both parties to this contract are parties to the Western
Interconnected Electric System Agreement, their relationship with respect to
system damages shall be governed by that Agreement.
(d) During such time as a party to this contract is not a party to the
Agreement Limiting Liability Among Western Interconnected Systems, its
relations with the other party with respect to system damages shall be
governed by the following sentence, notwithstanding the fact that the other
party may be a party to said Agreement Limiting Liability Among Western
Interconnected Systems. A party to this contract shall not be liable to the
other party for damage to the other party's system or facilities caused by an
electric disturbance on the first party's system, whether or not such electric
disturbance is the result of negligence by the first party, if the other party
has failed to fulfill its obligations under subsection (b)(2) above.
(e) If one of the parties to this contract is not a party to the
Agreement Limiting Liability Among Western Interconnected Systems, each party
to this contract shall hold harmless and indemnify the other party, its
officers and employees, from any claims for loss„ injury, or damage suffered
by those to whom the first party delivers power not for resale, which loss,
injury or damage is caused by an electric disturbance on the other party's
system, whether or not such electric disturbance results from the negligence
of such other party if such first party has failed to fulfill its obligations
under subsection (b)(2) above, and such failure contributed to the loss,
injury or damage.
14
(f) Nothing in this section shall be construed to create any duty to, any
standard of care with reference to, or any liability to any person not a party
to this contract.
35. Harmonic Control. Each party shall design, construct, operate,
maintain and use its electric facilities in accordance with good engineering
practices to reduce to acceptable levels the harmonic currents and voltages
which pass into the other party's facilities. Harmonic reductions shall be
accomplished with equipment which is specifically designed and permanently
operated and maintained as an integral part of the facilities of the party
which owns the system on which harmonics are generated.
APPLICABLE ONLY IF TRANSFEREE IS NOT A PARTY TO THIS CONTRACT
36. Protection of the Transferor. Protection is or will be afforded to
Bonneville or its Transferor under such of the following provisions and
conditions as are specified in each contract executed or to be executed by
Bonneville and each third party Transferee named in this contract: the power
factor clause of the applicable Bonneville Wholesale Rate Schedule and the
subject matter set forth in the General Contract Provisions under the
following titles, namely:
Adjustment for Unbalanced Phase Demands; Uncontrollable Forces;
Continuity of Service; Changes in Demands or Characteristics; Electric
Disturbances; Harmonic Control; Balancing Phase Demands; Permits; Ownership of
Facilities; and Inspection of Facilities.
RELATING TO RURAL ELECTRIFICATION ADMINISTRATION BORROWERS
37. Approval of Contract. If the Contractor borrows from the Rural
Electrification Administration or any other entity under an indenture which
requires the lender's approval of contracts, this contract and any amendment
thereto shall not be binding on the parties thereto if they are not approved
by the Rural Electrification Administration or such other entity. The
Contractor shall notify Bonneville of any such entity. If approval is given,
such contract or amendment shall be effective at the time stated therein.
APPLICABLE ONLY IF BONNEVILLE IS THE TRANSFEROR
38. Equitable Adjustment of Rates.
(a) Bonneville shall establish, periodically review and revise rates for
the wheeling of electric power and /or energy pursuant to the terms of this
contract. Such rates shall be established in accordance with applicable law.
(b) As used in this section, the words "Rate Adjustment Date" shall mean
any date specified by Bonneville in a notice of intent to file revised rates
as published in the Federal Register; provided, however, that such date shall
not occur sooner than (1) nine months trom tie date that such notice of intent
is published; or (2) twelve months from any previous Rate Adjustment Date. By
giving written notice to the Contractor 45 days prior to such Rate Adjustment
Date, Bonneville may delay such Rate Adjustment Date for up to 90 days if
Bonneville determines either that the revenue level of the proposed rates
15
differs by more than five percent from the revenue requirements indicated by
most recent repayment studies entered in the hearings record or that external
events beyond Bonneville's control will prevent Bonneville from meeting such
Rate Adjustment Date. Bonneville may cancel a notice of intent to file
revised rates at any time (1) by written notice to the Contractor; or (2) by
publishing in the Federal Register a new notice of intent to file revised
rates which specifically cancels a previous notice.
(c) The Contractor shall pay Bonneville for the service made available
under this contract during the period commencing on each Rate Adjustment Date
and ending at the beginning of the next Rate Adjustment Date at the rate
specified in any rate schedule available at the beginning of such period for
service of the class, quality, and type provided for in this contract, and in
accordance with the terms thereof, and of the General Transmission Rate
Schedule Provisions, if any, as changed with, incorporated in or referred to
in such rate schedule. New rates shall not be effective on any Rate
Adjustment Date unless they have been approved on a final or interim basis by
a governmental agency designated by law to approve Bonneville's rates. Rates
shall be applied in accordance with the terms thereof, the General
Transmission Rate Schedule Provisions as changed with, incorporated in or
referred to in such rate schedule and the terms of this contract.
(WP-PKJ-0222f)
16
Government'
Port Angeles
Substation 69 kV
Bay 26
Approved Point
of Delivery
Government's
Port Angeles
Substation 69 kV
Bay 23
(VS6- PMT- 0758e)
Transmission Parameters
Revision No. 1
Exhibit C, Page 1 of 2
Contract No. DE- MS79- 88BP92315
Morse Creek Hydro Project
Effective at 2400 hours on
September 30, 1989
A. Points of Interconnection, Points of Delivery, Transmission Demands,
Use -of- Facilities Charges, and Resources.
Approved Point Use -of- Resource(s)
of Interconnection Transmission Facilities to be
(Voltage) Demand Charge Integrated
485 kW $.070 /kW -mo 1/ Morse Creek
1/ Composite UFT charge based on Bay's 23 and 26.
B. Calculation of Charaes Pursuant to the UFT -83 Rate Schedule:
Facility
Government's
Port Angeles
Substation 69 kV
Bay 26
Bay 23 $152,752
I &A 2/ I &A 0 &M 1/ Sum of
Annual Annual Annual Non Coincidental (Sponsor)
Investment Cost Ratio Cost Cost Demand /kW /yr. Demand 6/
$160,631 9.06% $14,553 5,889 35,685 kW 1/ 0.573 485 kW
Total UFT Charge $0.844 /kW -yr. 5/
$0.070 /kW -mo.
1/ 0 &M charge based on low voltage terminal in 3 -7 -89 0 &M cost tables.
2/ Taken from 5 -1 -89 ACR table, column (8) minus column (5), Type S5 Substation.
2/ J90 peak loads from Clallam Eastern (35,200 kW) plus Morse Creek (485 kW).
4/ J90 peak loads from Port Angeles City No. 1 (61.89 of Port Angeles City Nos. 1 and 2) plus
Morse Creek (485 kW) plus Clallam Eastern (35,200 kW). (61.89% X 59,800) 485 35,200
72,695 kW.
5/ Unit Charge (I &A Annual Cost) 0 &M Annual Cost /kW yr.
Sum of Non Coincidental Demands
Monthly Charge i$ /kW yr) (Sponsor Demand)_ /mo.
12 months
5/ Ratchets shall be handled in accordance with section 5(c).
(VS6- PMT- 0758e)
Revision No. 1
Exhibit C, Page 2 of 2
Contract No. DE- MS79- 88BP92315
Morse Creek Hydro Project
Effective at 2400 hours on
September 30, 1989
9.06% $13,839 5,889 72 kW 4/ 0.271 485 kW
(VS6- PMT- 0758e)
1. MORSE CREEK HYDRO PROJECT
Exhibit D, Page 1 of 2
Contract No. DE- MS79- 88BP92315
Morse Creek Hydro Project
Effective at 2400 hours on the
Effective Date of this Agreement
Description of Project, Point of Interconnection, and Points of Delivery
Location: the project is located in the NW 1/4 of Section 29, T3ON,
R5W, Willamette Meridian, Clallam County, Washington; approximately
3 miles east of Port Angeles and 1 -1/2 to 2 miles south of state
route 101 and primarily east of Glass Road;
Demand: 485 kW;
Voltage: 12.5 kV;
Metering: in the City's powerhouse, in the 480 volt circuit over
which such electric power and energy flows;
Adjustments: there shall be an adjustment for transformation losses
between the Project point of metering and the high side of the
Project transformer.
2. MORSE CREEK POINT OF INTERCONNECTION
Location: A point on the Utility's distribution line approximately
one half mile from the Morse Creek Hydro Project at the junction of
Glass and Boyd Roads where the distribution lines of the Utility and
the line from the City's Project interconnect;
Voltage: 12.5 kV;
Adjustments: there shall be an adjustment for transmission losses
between the Morse Creek Hydro Project and the Morse Creek Point of
Interconnection.
3. PORT ANGELES POINT OF INTERCONNECTION
Location: the point in Bay 26 (Clallam Co. PUD's Feeder No. 1) in
the Government's Port Angeles Substation where the 69 kV facilities
of the Utility and the Government are connected;
Voltages: 69 kV;
Metering: in the Government's Port Angeles Substation in the 69 kV
circuit over which such electric power and energy flows;
Adjustments: there shall be an adjustment for distribution losses
between the Utility's Morse Creek Point of Interconnection and the
Government's Port Angeles Point of Interconnection.
4. PORT ANGELES POINT OF DELIVERY
Exhibit D, Page 2 of 2
Contract No. DE- MS79- 88BP92315
Morse Creek Hydro Project
Effective at 2400 hours on the
Effective Date of this Agreement
Location: the point in Bay 23 (Port Angeles Feeder No. 1) in the
Government's Port Angeles Substation where the 69 kV facilities of
the City and the Government are connected;
Voltages: 69 kV;
Metering: in the Government's Port Angeles Substation in the 69 kV
circuit over which such electric power and energy flows;
Adjustments: there shall be no adjustment for losses between the
Point of Interconnection and the Point of Delivery.
(VS6- PMT- 0758e)
(VS6- PMT- 0758e)
Loss Factors
Exhibit E, Page 1 of 1
Contract No. DE- MS79- 88BP92315
Morse Creek Hydro Project
Effective at 2400 hours on the
Effective Date of this Agreement
The losses specified in Exhibit D under Points of Interconnection and Points
of Delivery shall consist of two components. The first is the transformation
and transmission losses from the Project to the Morse Creek Point of
Interconnection, and the second is the transmission and transformation losses
from the Morse Creek Point of Interconnection to the Port Angeles Point of
Interconnection. No losses shall be applied between'the Port Angeles Point of
Interconnection and the Port Angeles Point of Delivery as specified in Exhibit
D. The losses between the Project Point of Metering and the Port Angeles
Point of Interconnection shall be submitted to the City and the Utility by
Bonneville by separate letter. The revision of these losses shall be as
specified in section 7(c).
(VS6- PMT- 0758e)
Resource Services
Exhibit F, Page 1 of 1
Contract No. DE- MS79- 88BP92315
Morse Creek Hydro
Effective at 2400 hours on the
Effective Date of this Agreement
Resource service charges shall be incorporated into Exhibit F as developed by
Bonneville according to section 7(d) of this agreement. As of the Effective
Date of this Agreement, the Resource service charge is zero.
1987 Transmission Rate Schedules
and General Transmission Rate Schedule Provisions
Bonneville
POWER ADMINISTRATION
United States Department of Energy
Bonneville Power Administration
905 NE. 11th Avenue
Portland, Oregon 97232
Bonneville Power Administration's 1987 Transmission Rate Schedules and General Transmis-
sion Rate Schedule Provisions, were approved on an interim basis by the Federal Energy
Regulatory Commission, United States Department of Energy, in a commission order issued
September 23, 1987, (Docket Nos. EF87- 2021 -000, et al.). These rate schedules and provisions
became effective October 1,1987. These rate schedules and provisions supersede the Adminis-
tration's Transmission Rate Schedules and General Transmission Rate Schedule Provisions
effective July 1,1985. Existing rate schedules UFT -2, UFT -83, and TGT -1, for which final approval
has been extended, are also included in this brochure.
TRANSMISSION RATE SCHEDULES AND GENERAL TRANSMISSION RATE
SCHEDULE PROVISIONS
Current Transmission Rate Schedules
FPT -87.1 Formula Power Transmission
Integration of Resources 3
Southern Intertie Transmission 4
Northern Intertie Transmission 5
Eastern Intertie Transmission 6
Energy Transmission 7
Market Transmission 8
Extension of Existing Transmission Rate Schedules 9
UFT -2 10
UFT -83 11
TGT -1 12
FPT -87.3
1R -87
IS -87
IN -87
IE -87
ET -87
MT -87
General Transmission Rate Schedule Provisions
SECTION 1
SECTION II
SECTION I11
SECTION IV
TABLE OF CONTENTS
Page
1
Formula Power Transmission 2
Adoption of Revised Transmission Rate Schedules and
General Transmission Rate Schedule Provisions 14
Billing Factor Definitions and Billing Adjustments 14
Other Definitions 15
Billing Information 16
SECTION 1. AVAILABILITY
This schedule supersedes schedule FPT -85.1 for all
firm transmission agreements which provide that
rates may be adjusted not more frequently than
once a year. It is available for firm transmission of
electric power and energy using the Main Grid
and /or Secondary System of the FCRTS. This sche-
dule is for full -year and partial -year service and for
either continuous or intermittent service when firm
availability of service is required. For facilities at
voltages lower than the Secondary System, a differ-
ent rate schedule may be specified. Service under
this schedule is subject to BPA's General Transmis-
sion Rate Schedule Provisions.
SECTION I1. RATE
A.
Full-Year Service
The monthly charge per kilowatt of billing
demand shall be one twelfth of the sum of the
Main Grid Charge, the Secondary System
Charge, and Intertie Charge, as applicable and
as specified in the Agreement.
1. Main Grid Charge
The Main Grid Charge shall be the sum of
one or more of the following component
factors as specified in the Agreement:
a. Main Grid Distance Factor: The amount
computed by multiplying the Main Grid
Distance by $0.0250 per mile;
b. Main Grid Interconnection Terminal Fac-
tor: $0.20;
c. Main Grid Terminal Factor: $0.25;
d. Main Grid Miscellaneous Facilities Factor:
$1.04;
2. Secondary System Charge
The Secondary System Charge shall be the
sum of one or more of the following compo-
nent factors as specified in the Agreement:
a. Secondary System Distance Factor: The
amount determined by multiplying the
Secondary System Distance by $0.1255 per
mile;
TRANSMISSION RATE SCHEDULES
SCHEDULE FPT -87.1
FORMULA POWER TRANSMISSION
1
b. Secondary System Transformation Factor:
$1.95;
c. Secondary System Intermediate Terminal
Factor: $0.72;
d. Secondary System Interconnection Termi-
nal Factor: $0.36;
3. Intertie Charge
For use of the Southern Intertie facilities:
$5.21.
B. Partial -Year Service
The monthly charge per kilowatt of billing
demand shall be as specified in Section I I.A for
all months of the year except for agreements
whose term is 5 years or less and which specify
service for fewer than 12 months per year, the
monthly charge shall be:
1. during months for which service is specified,
the monthly charge defined in Section II.A,
and
2. during other months, the monthly charge
defined in Section II.A multiplied by 0.2.
SECTION 1I1. BILLING FACTORS
Unless otherwise stated in the Agreement, the bill-
ing demand shall be the largest of:
A. the Transmission Demand;
B. the highest hourly Scheduled Demand for the
month; or
C. the Ratchet Demand.
SECTION I. AVAILABILITY
This schedule supersedes schedule FPT -83.3 for all
firm transmission agreements which provide that
rates may be adjusted not more frequently than
once every 3 years. It is available for firm transmis-
sion of electric power and energy using the Main
Grid and /or Secondary System of the FCRTS. This
schedule is for full -year and partial -year service and
for either continuous or intermittent service when
firm availability of service is required. For facilities
at voltages lower than the Secondary System, a dif-
ferent rate schedule may be specified. Service
under this schedule is subject to BPA's General
Transmission Rate Schedule Provisions.
SECTION I1. RATE
A. Full -Year Service
The monthly charge per kilowatt of billing
demand shall be one twelfth of the sum of the
Main Grid Charge, the Secondary System
Charge, and Intertie Charge, as applicable and
as specified in the Agreement.
1. Main Grid Charge
The Main Grid Charge shall be the sum of
one or more of the following component
factors as specified in the Agreement:
a. Main Grid Distance Factor: The amount
computed by multiplying the Main Grid
Distance by $0.0250 per mile;
b. Main Grid Interconnection Terminal Fac-
tor: $0.20;
c. Main Grid Terminal Factor: $0.25;
d. Main Grid Miscellaneous Facilities Factor:
$1.04;
2. Secondary System Charge
The Secondary System Charge shall be the
sum of one or more of the following compo-
nent factors as specified in the Agreement:
a. Secondary System Distance Factor: The
amount determined by multiplying the
Secondary System Distance by $0.1255 per
mile;
b. Secondary System Transformation Factor:
$1.95;
SCHEDULE FPT -87.3
FORMULA POWER TRANSMISSION
2
c. Secondary System Intermediate Terminal
Factor: $0.72;
d. Secondary System Interconnection Termi-
nal Factor: $0.36;
3. Intertie Charge
For use of the Southern Intertie facilities:
$5.21.
B. Partial -Year Service
The monthly charge per kilowatt of billing
demand shall be as specified in Section II.A for
all months of the year except for agreements
whose term is 5 years or Tess and which specify
service for fewer than 12 months per year, the
charge shall be:
1. during months for which service is specified,
the monthly charge defined in Section II.A,
and
2. during other months, the monthly charge
defined in Section II.A multiplied by 0.2.
SECTION III. BILLING FACTORS
Unless otherwise stated in the Agreement, the bill-
ing demand shall be the largest of:
A. the Transmission Demand;
B. the highest hourly Scheduled Demand for the
month; or
C. the Ratchet Demand.
SECTION I. AVAILABILITY
This schedule supersedes IR -85 and is available for
firm transmission service for electric power and
energy using the Main Grid and /or Secondary Sys-
tem of the FCRTS. The definitions of Main Grid and
Secondary Systems are the same as for the FPT -87.1
and FPT -87.3 rate schedules and are contained in
the General Transmission Rate Schedule Provisions.
For facilities at voltages lower than the Secondary
System, a different rate schedule may be specified.
Service under this schedule is subject to BPA's
General Transmission Rate Schedule Provisions.
SECTION II. RATE
The monthly charge shall be the sum of A and B
where:
A. The Demand Charge shall be:
1. $0.2600 per kilowatt of billing demand; or
2. for Points of Integration (P01) specified in the
Agreement as being short distance POI's, for
which Main Grid and Secondary System facil-
ities are used for a distance of less than 75
circuit miles, the following formula applies:
[0.2 (0.8/75 x transmission distance)]
($0.2600 per kilowatt of billing demand)
Where:
the billing demand for a short distance POI is
the demand level specified in the Agreement
for such POI, and the transmission distance is
the circuit miles between the POI for a
generating resource of the customer and a
designated Point of Delivery (POD) serving
the load of the customer. Short distance
POI's are determined by BPA after consider-
ing factors in addition to transmission
distance.
B. The Energy Charge shall be:
0.85 mills /kWh of billing energy.
SECTION I11. BILLING FACTORS
To the extent that the Agreement provides for the
customer to be billed for transmission in excess of
the Transmission Demand or Total Transmission
Demand, as defined in the Agreement, at the non-
SCHEDULE IR -87
INTEGRATION OF RESOURCES
3
firm transmission rate (currently ET -87), such
transmission service shall not contribute to either
the Billing Demand or the Billing Energy for the IR
rate provided that the customer requests such
treatment and BPA approves in accordance with the
prescribed provisions in the Agreement.
A. Billing Demand
The billing demand shall be the largest of:
1. the Transmission Demand, except under
General Transmission Agreements where a
Total Transmission Demand is defined;
2. the highest hourly Scheduled Demand for
the month; or
3. the Ratchet Demand.
B. Billing Energy
The billing energy shall be the monthly sum of
scheduled kilowatthours.
SECTION 1. AVAILABILITY
This schedule supersedes IS -85 and is available for
all transmission on the Southern Intertie. Service
under this schedule is subject to BPA's General
Transmission Rate Schedule Provisions.
SECTION II. RATE
A. Nonfirm Rate
The charge for nonfirm transmission of non
BPA power shall be 1.4 mills /kWh of billing
energy. This charge applies for both north -to-
south and south -to -north transactions.
B. Firm Power Transmission Rate
The charge for firm transmission service
granted access by BPA shall be $0.360 per kW
per month of billing demand and 0.69
mills /kWh of billing energy. Firm transmission
will only be made available to customers under
this rate schedule who have executed a contract
with BPA specifying use of the Firm Power
Transmission rate for either north -to -south or
south -to -north transactions.
SECTION 11I. BILLING FACTORS
A. For services under Section II.A, the billing
energy shall be the monthly sum of the sche-
duled kilowatthours, plus the monthly sum of
kilowatthours allocated but not scheduled. The
amount of allocated but not scheduled energy
that is subject to billing may be reduced prorata
by BPA due to forced Intertie outages, and other
uncontrollable forces that may reduce Intertie
capacity. The amount of allocated but not sche-
duled energy that is subject to billing also may
be reduced upon mutual agreement between
BPA and the customer.
B. For services under Section II.B, the billing
demand shall be the Transmission Demand as
defined in the Agreement. The billing energy
shall be the monthly sum of scheduled kilowat-
thours, unless otherwise specified in the
Agreement.
SCHEDULE IS -87
SOUTHERN INTERTIE TRANSMISSION
SECTION 1. AVAILABILITY
This schedule supersedes IN -85 and is available for
all transmission on the Northern Intertie. Service
under this schedule is subject to BPA's General
Transmission Rate Schedule Provisions.
SECTION 11. RATE
The charge for transmission of non -BPA power on
the Northern Intertie shall be 1.05 mills /kWh.
SECTION I11. BILLING FACTORS
Billing Energy
The billing energy shall be the monthly sum of the
scheduled kilowatthours.
SCHEDULE IN -87
NORTHERN INTERTIE TRANSMISSION
J
u
SECTION I. AVAILABILITY
This schedule supersedes IE -85 and is available for
all nonfirm transmission on the Eastern Intertie. Serv-
ice under this schedule is subject to BPA's General
Transmission Rate Schedule Provisions.
SECTION 11. RATE
The charge for transmission of nonfirm energy on
the Eastern Intertie shall be 2.08 mills /kWh.
SECTION 111. BILLING FACTORS
Billing Energy
The billing energy shall be the monthly sum of the
scheduled kilowatthours.
SCHEDULE 1E -87
EASTERN INTERTIE TRANSMISSION
6
1
SECTION I. AVAILABILITY
This schedule supersedes ET -85, unless otherwise
specified in the Agreement, with respect to delivery
using FCRTS facilities other than the Southern
Intertie, Eastern Intertie, or the Northern Intertie,
and is available for nonfirm transmission between
points within the Pacific Northwest. BPA may inter-
rupt service which is provided under this rate sche-
dule. Service under this schedule is subject to BPA's
General Transmission Rate Schedule Provisions.
SECTION II. RATE
The charge for such nonfirm transmission of non
Federal electric energy shall be 1.61 mills /kWh.
SECTION III. BILLING FACTORS
Billing Energy
The billing energy shall be the monthly sum of
scheduled kilowatthours.
SCHEDULE ET -87
ENERGY TRANSMISSION
7
F
SECTION I. AVAILABILITY
This schedule is available for Transmission Service
for transactions using FCRTS facilities pursuant to
the Western Systems Power Pool (WSPP) Agree-
ment. Service under this schedule is subject to
BPA's General Transmission Rate Schedule
Provisions.
SECTION I1. RATE
The charge shall be determined in advance by BPA.
The charge shall not exceed 33 percent of the dif-
ference between the highest Decremental Cost of
generation of the WSPP and the lowest Decremen-
tal Cost of generation of the WSPP as determined by
the WSPP Operating Committee during the year
prior to the effective date of the WSPP Agreement.
The Operating Committee may determine that a
subsequent redetermination is necessary based
upon the immediately preceeding years expe-
rience. However, the transmission charge shall not
be less than 1 mill per kilowatthour.
SECTION III. BILLING FACTORS
The billing factors shall be specified in advance by
BPA, as to representing the Transmission Service use
or reservation.
SCHEDULE MT -87
MARKET TRANSMISSION
8
Extension of Existing Transmission Rate Schedules
UFT -2
The Bonneville Power Administration received extension of final approval for the
UFT -2 wheeling rate from the Federal Energy Regulatory Commission, United States
Department of Energy, in a commission order issued September 23, 1987, (Docket
Nos. EF87- 2021 -000, et al.). This rate schedule is in effect through June 30, 1990.
UFT 83 and TGT 1
The Bonneville Power Administration received extension of final approval for wheel-
ing rate schedules UFT -83 and TGT -1, from the Federal Energy Regulatory Commis-
sion, United States Department of Energy, in a commission order issued April 29,1987,
(Docket Nos. EF85- 2021 -001, et al.). These rate schedules are in effect through June 30,
1990.
9
SECTION I. AVAILABILITY
This schedule is available for the firm transmission
of electric power and energy over specified FCRTS
facilities installed or operated primarily for the
benefit or convenience of a limited number of cus-
tomers. This schedule is not appropriate for new
agreements for service over the integrated Net-
work Segment, or the PNW -PSW Intertie Segment.
SECTION II. RATE
The monthly charge per kilowatt of Transmission
Demand specified in the Agreement shall be one
twelfth of the Annual Cost per kilowatt of Capacity
of the specified facilities. Such Annual Cost shall be
determined in accordance with Section 111.
SECTION III. DETERMINATION OF
TRANSMISSION RATE
A. From time to time, but not more often than
once in each Contract Year, BPA shall determine
the following data for the facilities which have
been constructed or otherwise acquired by BPA
and are used to transmit electric power and
energy thereunder:
1. Capital cost of each such facility as specified
in the most recently published plant invest-
ment records of BPA which are issued in sup-
port of the Federal Columbia River Power
System financial statement.
2. Annual Interest and Amortization Ratios for
each such facility using the most recent sys-
tem average cost factors developed from
actual Interest and Amortization costs for
specific categories of FCRTS facilities and
from data included in the financial statement.
3. Operation, maintenance, administrative and
general, and general plant costs of such facili-
ties using the most recent system average
costs for specific categories of FCRTS
facilities.
4. The yearly noncoincidental peak demands of
all users of such facilities.
B. The monthly charge per kilowatt of Transmis-
sion Demand shall be one twelfth of the sum of
the Annual Cost per kilowatt of each of the
SCHEDULE UFT -2
USE -OF- FACILITIES TRANSMISSION
10
FCRTS facilities used. The Annual Cost per
kilowatt of each facility constructed or other-
wise acquired by BPA shall be determined in
accordance with the following formula:
(I X R) B
D
Where B Operation, maintenance, adminis-
trative and general, and general plant cost of
such facility as determined in A.3.
Capital cost of such facility as determined it
A.1.
R Annual Interest and Amortization Ratio foi
such facility as determined in A.2.
D The sum of the yearly noncoincidenta
demands on the facility as determined in A.4.
The Annual Cost per kilowatt of facilities listec
in the Agreement which are owned by another
entity, and used by BPA for making deliveries tc
the Transferee, shall be determined from the
costs specified in the Agreement between BP?
and such other entity.
SECTION IV. DETERMINATION OF
TRANSMISSION DEMAND
Unless otherwise stated in the Agreement, the fac•
tor to be used in determining the kilowatts o
Transmission Demand is the largest of:
A. the Transmission Demand specified in the
Agreement;
B. the highest Measured or Scheduled Demanc
for the month, the Measured Demand being
adjusted for power factor; or
C. the Ratchet Demand.
r l
SECTION I. AVAILABILITY
This schedule supersedes UFT -1, and UFT -2, unless
otherwise provided in the Agreement, and is avail-
able for firm transmission over specified FCRTS
facilities.
SECTION I1. RATE
The monthly charge per kilowatt of Transmission
Demand specified in the Agreement shall be one
twelfth of the annual cost of capacity of the speci-
fied facilities divided by the sum of Transmission
Demands (in kilowatts) using such facilities. Such
annual cost shall be determined in accordance with
Section 111.
SECTION 111. DETERMINATION OF
TRANSMISSION RATE
A. From time to time, but not more often than
once in each Contract Year, BPA shall determine
the following data for the facilities which have
been constructed or otherwise acquired by
BPA, and which are used to transmit electric
power and energy:
1. The annual cost of the specified FCRTS facili-
ties, as determined from the capital cost of
such facilities and annual cost ratios deve-
loped from the FCRTS financial statement,
including interest and amortization, opera-
tion and maintenance, administrative and
general, and general plant costs.
2. The yearly noncoincident peak demands of
all users of such facilities or other reasonable
measurement of the facilities' peak use.
B. The monthly charge per kilowatt of billing
demand shall be one twelfth of the sum of the
annual cost of the FCRTS facilities used divided
by the sum of Transmission Demands. The
annual cost per kilowatt of Transmission
Demand for a facility constructed or otherwise
acquired by BPA shall be determined in accor-
dance with the following formula:
A
D
where:
A The annual cost of such facility as deter-
mined in accordance with A.1. above.
SCHEDULE UFT -83
USE -OF- FACILITIES TRANSMISSION
D The sum of the yearly noncoinc
demands on the facility as determined in a
dance with A.2. above.
The annual cost per kilowatt of facilities listed i
Agreement which are owned by another entity
used by BPA for making deliveries to the transf
shall be determined from the costs specified i
Agreement between BPA and such other enti
SECTION IV. DETERMINATION OF BILLII
DEMAND
Unless otherwise stated in the Agreement, th+
tor to be used in determining the kilowatts of b
demand shall be the largest of:
A. the Transmission Demand in kilowatts spec
in the Agreement;
B. the highest hourly Measured or Schec
Demand for the month, the Measured Der
being adjusted for power factor; or
C. The Ratchet Demand.
SECTION I. AVAILABILITY
This schedule shall apply to all agreements which
provide for the firm transmission of electric power
and energy over transmission facilities of BPA's sec-
tion of the Montana [Eastern] Intertie.
SCHEDULE TGT -1
TOWNSEND- GARRISON TRANSMISSION
SECTION II. RATE
The monthly charge shall be one twelfth of the sum
of the annual charges listed below, as applicable
and as specified in the agreements for firm trans-
mission. The Townsend Garrison 500 -kV lines and
associated terminal, line compensation, and com-
munication facilities are a separately identified por-
tion of the Federal Transmission System. Annual
revenues plus credits for Government use should
equal annual costs of the facilities, but in any given
year there may be either a surplus or a deficit. Such
surpluses or deficits for any year shall be accounted
for in the computation of annual costs for succeed-
ing years. Revenue requirements from firm trans-
mission use will be decreased by any revenues
received from nonfirm use and credits for all
Government use. The general methodology for
determining the firm rate is to divide the revenue
requirement by the total firm capacity require-
ments. Therefore, the higher the total capacity
requirements, the lower will be the unit rate.
If the Government provides firm transmission serv-
ice in its section of the Montana [Eastern] Intertie in
exchange for firm transmission service in a custo-
mer's section of the Montana Intertie, the payment
by the Government for such transmission services
provided by such customer will be made in the
form of a credit in the calculation of the Intertie
Charge for such customer. During an estimated
1 to 3 -year period following the commercial opera-
tion date oft the third generating unit at the Colstrip
Thermal Generating Plant at Colstrip, Montana, the
capability of the Federal Transmission System west
of Garrison Substation may be different from the
long -term situation. It may not be possible to com-
plete the extension of the 500 -kV portion of the
Federal Transmission System to Garrison by such
commercial operation date. In such event, the
500/230 kV transformer will be an essential exten-
sion of the Townsend- Garrison Intertie facilities,
and the annual costs of such transformer will be
included in the calculation of the Intertie Charge.
12
However, starting 1 month after extension to Garri-
son of the 500 -kV portion of the Federal Transmis-
sion System, the annual costs of such transformer
will no longer be included in the calculation of the
Intertie Charge.
A. Nonfirm Transmission Charge:
This charge will be filed as a separate Rate Sche-
dule and revenues received thereunder will
reduce the amount of revenue to be collected
under the Intertie Charge below.
B. Intertie Charge for Firm Transmission Service:
Intertie Charge [(TAC /12 -NFR) x (CR -EC)
TC R
SECTION I11. DEFINITIONS
A. TAC Total Annual Costs of facilities associated
with the Townsend Garrison 500 -kV Transmis-
sion line including terminals, and prior to
extension of the 500 -kV portion of the Federal
Transmission System to Garrison, the 500/230 kV
transformer at Garrison. Such annual costs are
the total of (1) interest and amortization of asso-
ciated Federal investment and the appropriate
allocation of general plant costs; (2) operation
and maintenance costs; (3) allowance for Bonne
ville's general administrative costs which are
appropriately allocable to such facilities; and
(4) payments made pursuant to section 7(m) of
Public Law 96 -501 with respect to these facilities.
Total Annual Costs shall be adjusted to reflect
reductions to unpaid total costs as a result of any
amounts received, under agreements for firm
transmission service over the Montana Intertie,
by the Government on account of any reduc-
tion in Transmission Demand, termination or
partial termination of any such agreement or
otherwise to compensate BPA for the unamor-
tized investment, annual cost, removal, salvage,
or other cost related to such facilities.
B. NFR Nonfirm Revenues, which are equal to
(1) the product of the Nonfirm Transmission
Charge described in II(A) above, and the total
nonfirm energy transmitted over the
Townsend Garrison line segment under such
charge for such month; plus (2) the product of
the Non -Firm Transmission Charge and the total
nonfirm energy transmitted in either direction
by the Government over the Townsend
Garrison line segment for such month.
C. CR Capacity Requirement of a customer on
the Townsend- Garrison 500 -kV transmission
facilities as specified in its firm transmission
agreement.
D. TCR Total Capacity Requirement on the
Townsend Garrison 500 -kV transmission facili-
ties as calculated by adding (1) the sum of all
Capacity Requirements (CR) specified in trans-
mission agreements described in section I; and
(2) the Government's firm capacity require-
ment. The Government's firm capacity
requirement shall be no less than the total of the
amounts, if any, specified in firm transmission
agreements for use of the Montana Intertie.
E. EC Exchange credit for each customer which is
the product of (1) the ratio of investment in the
Townsend Broadview 500 -kV transmission line
to the investment in the Townsend Garrison
500 -kV transmission line; and (2) the capacity
which the Government obtains in the
Townsend Broadview 500 -kV transmission line
through exchange with such customer. If no
exchange is in effect with a customer, the value
of EC for such customer shall be zero.
13
GENERAL TRANSMISSION RATE SCHEDULE PROVISIONS
SECTION I. ADOPTION OF REVISED
TRANSMISSION RATE SCHEDULES
AND GENERAL TRANSMISSION
RATE SCHEDULE PROVISIONS
A. Approval of Rates
These rate schedules and General Transmission
Rate Schedule Provisions (GTRSP) shall become
effective upon approval by the Federal Energy
Regulatory Commission. BPA will request FERC
approval effective October 1, 1987. BPA is
requesting that all proposed Transmission Rate
Schedules be effective for a period of 2 years,
from October 1, 1987, through September 30,
1989, with the exception of the FPT 87.3 rate
schedule, which is effective for a period of
3 years, through September 30, 1990.
B. General Provisions
These 1987 Transmission Rate Schedules and
associated GTRSP supersede in their entirety
BPA's 1985 Transmission Rate Schedules and
GTRSP (which became effective July 1,1985) but
do not supersede prior rate schedules required
by agreement to remain in force.
Transmission service provided shall be subject
to the following Acts, as amended: the Bonne-
ville Project Act, the Regional Preference Act
(Pl. 88-552), the Federal Columbia River
Transmission System Act, and the Pacific
Northwest Electric Power Planning and Conser-
vation Act.
The meaning of terms used in the transmission
rate schedules shall be as defined in agreements
or provisions which are attached to the Agree-
ment or as in any of the above Acts.
C. Interpretation
If a provision in the executed Agreement is in
conflict with a provision contained herein, the
former shall prevail.
SECTION II. BILLING FACTOR DEFINITIONS
AND BILLING ADJUSTMENTS
A. Billing Factors
1. Scheduled Demand
The largest of hourly amounts wheeled
which are scheduled by the customer during
the time period specified in the rate
schedules.
14
2. Metered Demand
The Metered Demand in kilowatts shall be
largest of the 60- minute clock -hour inte-
grated demands measured by meters
installed at each POD during each time
period specified in the applicable rate sche-
dule. Such measurements shall be made as
specified in the Agreement. BPA, in deter-
mining the Metered Demand, will exclude
any abnormal readings due to or resulting
from (a) emergencies or breakdowns on, or
maintenance of, the FCRTS; or (b) emergen-
cies on the customer's facilities, provided
that such facilities have been adequately
maintained and prudently operated as
determined by BPA. If more than one class of
power is delivered to any POD, the portion of
the metered quantities assigned to any class
of power shall be as agreed to by the parties.
The amount so assigned shall constitute the
Metered Demand for such class of power.
3. Transmission Demand
The demand as defined in the Agreement.
4. Total Transmission Demand
The sum of the transmission demands as
defined in the Agreement.
5. Ratchet Demand
The maximum demand established during
the previous 11 billing months. Exception: I1
a Transmission Demand or Total Transmission
Demand has been decreased pursuant to the
terms of the Agreement during the previous
11 billing months, such decrease will be
reflected in determining the Ratchet
Demand.
B. Billing Adjustments
Average Power Factor
The adjustment for average power factor, wher
specified in a transmission rate schedule or it
the Agreement, shall be made in accordance
with the average power factor section of the
General Wheeling Provisions.
To maintain acceptable operating conditions or
the Federal system, BPA may restrict deliveries
of power at any time that the average leading
power factor or average lagging power factor
for all classes of power delivered to such poin
or to such system is below 85 percent.
SECTION III. OTHER DEFINITIONS
Definitions of the terms below shall be applied to
these provisions and the Transmission Rate Sched-
ules, unless otherwise defined in the Agreement.
A. Agreement
An agreement between BPA and a customer to
which these rate schedules and provisions may
be applied.
B. Decremental Cost
As used in the MT rate schedule, Decremental
Cost is as defined in the WSPP Agreement.
C. Eastern Intertie
The segment of the FCRTS for which the trans-
mission facilities consist of the Townsend
Garrison double- circuit 500 kV transmission
line segment including related terminals at
Garrison.
D. Electric Power
Electric peaking capacity (kW) and /or electric
energy (kWh).
E. Federal Columbia River Transmission System
(FCRTS)
The transmission facilities of the Federal
Columbia River Power System (FCRPS), which
include all transmission facilities owned by the
Government and operated by BPA, and other
facilities over which BPA has obtained transmis-
sion rights.
F. Firm Transmission Service
Transmission service which BPA provides for any
non -BPA power except for transmission service
which is scheduled as nonfirm. If the firm serv-
ice is provided pursuant to the Agreement, the
terms of the Agreement may further define the
service.
G. Integrated Network
The segment of the FCRTS for which the trans-
mission facilities provide the bulk of transmis-
sion of electric power within the Pacific North-
west, excluding facilities not segmented to the
network in the Wholesale Power Rate Devel-
opment Study used in BPA's rate development.
H. Main Grid
As used in the FPT and IR rate schedules, that
portion of the Integrated Network with facilities
rated 230 kV and higher.
1. Main Grid Distance
As used in the FPT rate schedules, the distance
in airline miles on the Main Grid between the
POI and the POD, multiplied by 1.15.
15
Main Grid Interconnection Terminal
As used in the FPT rate schedules, Main Gri
terminal facilities that interconnect the FCR1
with non -BPA facilities.
K. Main Grid Miscellaneous Facilities
As used in the FPT rate schedules, switching
transformation, and other facilities of the Mai
Grid not included in other components.
L. Main Grid Terminal
As used in the FPT rate schedules, the Main Gri
terminal facilities located at the sending and /o
receiving end of a line exclusive of the Inter
connection terminals.
M. Nonfirm Transmission Service
Interruptible transmission service which BP/
may provide for non -BPA power.
N. Northern Intertie
The segment of the FCRTS for which the trans
mission facilities consist of two 500 kV Tine
between Custer substation and the Unite(
States Canadian border, one 500 kV lin(
between Custer and Monroe Substations, anc
two 230 kV lines from Boundary substation tc
the United States- Canadian border, and the
associated substation facilities.
O. Point of Integration (P01)
Connection points between the FCRTS one
non -BPA facilities where non Federal power i<-
made available to BPA for wheeling.
P. Point of Delivery (POD)
Connection points between the FCRTS anc
non -BPA facilities where non Federal power i1
delivered to a customer by BPA.
Secondary System
As used in the FPT and IR rate schedules, that
portion of the Integrated Network facilities with
operating voltage of 115 kV or 69 kV.
R. Secondary System Distance
As used in the FPT rate schedules, the number
of circuit miles of Secondary System transmis-
sion lines between the secondary POI or the
Main Grid and the POD or the lower voltage
FCRTS facilities which may be used on a use -of-
facility basis.
S. Secondary System Interconnection Terminal
As used in the FPT rate schedules, the terminal
facilities on the Secondary System that inter-
connect the FCRTS with non -BPA facilities.
Q.
T. Secondary System Intermediate Terminal
As used in the FPT rate schedules, the first and
final terminal facilities in the Secondary System
transmission path exclusive of the Secondary
System Interconnection terminals.
U. Secondary Transformation
As used in the FPT rate schedules, transforma-
tion from Main Grid to Secondary System
facilities.
V. Southern Intertie
The segment of the FCRTS for which the major
transmission facilities consist of two 500 kV AC
lines from John Day Substation to the Oregon
California border, a portion of the 500 kV AC
line from Buckley Substation to Summer Lake
Substation, and one 1,000 kV DC line between
the Celilo Substation and the Oregon- Nevada
border, and associated substation facilities.
W. Transmission Service
As used in the MT rate schedule, Transmission
Service is as defined in.the WSPP Agreement.
SECTION IV. BILLING INFORMATION
A. Payment of Bills
Bills for transmission service shall be rendered
monthly by BPA. Failure to receive a bill shall not
release the customer from liability for payment.
Bills for amounts due of $50,000 or more must
be paid by direct wire transfer; customers who
expect that their average monthly bill will not
exceed $50,000 and who expect special difficul-
ties in meeting this requirement may request,
and BPA may approve, an exemption from this
requirement. Bills for amounts due BPA under
$50,000 may be paid by direct wire transfer or
mailed to the Bonneville Power Administration,
P.O. Box 6040, Portland, Oregon 97228 -6040, or
to another location as directed by BPA. The
procedures to be followed in making direct
wire transfers will be provided by the Office of
Financial Management and updated as
necessary.
1. Computation of Bills
The transmission billing determinant is the
electric ower quantified by the method
specified in the Agreement or Transmission
Rate Schedule. Scheduled power or metered
power will be used.
The transmission customer shall provide
necessary information to BPA for any compu-
tation required to determine the proper
charges for use of the FCRTS, and shall
16
cooperate with BPA in the exchange of addi
tional information which may be reasonabl
useful for respective operations.
Demand and energy billings for transmissio
service under each applicable rate schedul
shall be rounded to whole dollar amounts, b
eliminating any amount which is less tha
50 cents and increasing any amounts fror
50 cents through 99 cents to the next high(
dollar.
2. Estimated Bills
At its option, BPA may elect to render a
estimated bill to be followed at a subsequer
billing date by a final bill. The estimated bi
shall have the validity of and be subject to th
same payment provisions as a final bill.
3. Due Date
Bills shall be due by close of business on if
20th day after the date of the bill (due date
Should the 20th day be a Saturday, Sunday,
holiday (as celebrated by the customer), tF
due date shall be the next following busine
day.
4. Late Payment
Bills not paid in full on or before close
business on the due date shall be subject to
penalty charge of $25. In addition, an intere
charge of one twentieth percent (0.05 pe
cent) shall be applied each day to the sum
the unpaid amount and the penalty charg
This interest charge shall be assessed on
daily basis until such time as the unpa
amount and penalty charge are paid in full
Remittances received by mail will 1
accepted without assessment of the charg
referred to in the preceding paragraph pr
vided the postmark indicates the payme
was mailed on or before the due date. Whe
ever a power bill or a portion thereof remai
unpaid subsequent to the due date and aft
giving 30 days advance notice in writing, BI
may cancel the contract for service to tl
customer. However, such cancellation sh,
not affect the customer's liability for al
charges accrued prior thereto under sul
agreement.
5. Disputed Billings
In the event of a disputed billing, full pa
ment shall be rendered to BPA and the d
puted amount noted. Disputed amounts a
subject to the late payment provisions spe
fie d above. BPA shall separately account f
the disputed amount. If it is determined that t
customer is entitled to the disputed amount,
BPA shall refund the disputed amount with
interest, as determined by BPA's Office of
Financial Management.
BPA retains the right to verify, in a manner
satisfactory to the Administrator, all data
submitted to BPA for use in the calculation of
BPA's rates and corresponding rate adjust-
ments. BPA also retains the right to deny elig-
ibility for any BPA rate or corresponding rate
adjustment until all submitted data have
been accepted by BPA as complete, accurate,
and appropriate for the rate or adjustment
under consideration.
6. Revised Bills
At its option, BPA may render a revised bill. A
revised bill shall replace all previous bills
issued by BPA that pertain to a specified cus-
tomer for a specified billing period if the
amount of the revised bill is less than the
amount of the original bill. If the amount of
the revision causes an additional amount to
be due BPA beyond the original bill, a revised
bill will be issued for the difference.
The date of the revised bill shall be deter-
mined as follows:
a. If the amount of the revised bill is equal to
or less than the amount of the bill which it
is replacing, the revised bill shall have the
same date as the replaced bill.
b. If the amount of the revised bill is greater
than the amount of the bill which it is
replacing, the date of the revised bill shall
be its date of issue.
17
1
In reply refer to TC
Mrs. Sheila Hardy
Acting, City Light Director
City of Port Angeles
P.O. Box 1150
Port Angeles, WA 98362
The following contract documents are being sent to you for your records.
Contract Number
Department of Energy
Bonneville Power Administration
Puget Sound Area
201 Queen Anne Avenue North
P.O. Box C -19030
Seattle, WA 98109 -1030
JAN 2 199
Type of Contract Document Number
One Year Letter Transmission Agreement as
Agreement for Exhibit A to Letter
Morse Creek Transmission Agreement
Please call if you have any questions regarding these documents.
Sincerely,
Geoff T. Reich
Power Manager
c CCU GCB `2..
rrn
t V4V J f
JAN 2 7 1989
CITY OF FORT ANGELES
LIGHT DEPARTI OEUT
0 Originals
3 Authenticated
Copies
In reply refer to
PMT
Mr. Robert E. Orton
City Light Director
City of Port Angeles
P.O. Box 1150
Port Angeles, WA 98362
Dear Mr. Orton:
AUTHENTICATED COPY
Department of Energy
Bonneville Power AdMinistration
P.O. Box 3621
Portland, Oregon 97208 3621
r I C�l
OCT G61988��,3
I`
V
The City of Port Angeles (City) received nonfarm wheeling services for the
Morse Creek project (Project) from Bonneville Power Administration
(Bonneville) from October 20, 1987 through June 30, 1988. Since July 1, 1988,
the City has received firm wheeling services at the UFT rate without benefit
of a signed agreement. Both parties wish to ratify the firm wheeling service
received to date and to extend the firm wheeling in accordance with provisions
in section 1 below.
Bonneville finds it necessary to implement this letter agreement prior to
signing Contract No. DE— MS79- 88BP92315 (Long —term Agreement) because of the
Washington Department of Fish's environmental concerns surrounding the Project.
Therefore, Bonneville offers this letter agreement, pending resolution of the
environmental issues raised in Articles 19 -25 of the FERC license for the
Project. Until the Long —term Agreement can be executed the parties desire to
operate under the terms of this letter agreement and Exhibit A (Long —term
Agreement, draft dated August 18, 1988).
1. Term. This letter agreement shall be effective at 2400 hours on
June 30, 1988 and shall terminate at 2400 hours on the earlier of:
(a) the effective date of the Long —term Agreement or (b) 2400 hours on
September 30, 1989; provided, however, that all liabilities incurred
hereunder shall be preserved until satisfied.
2. Exhibit. Exhibit A is hereby made a part of this agreement; orovided,
however, that section 1 of Exhibit A shall have no force and effect.
3. Operation Under Exhibit A. The parties shall operate pursuant to the
terms of Exhibit A except as otherwise provided. The parties recognize
Clallam County PUD (Utility) owns the interconnection facilities between
the Project and the Government's Port Angeles Substation. Bonneville
shall not be obligated to comply with Exhibit A if the Utility fails to
perform its obligations as designated in Exhibit A.
If the terms of this agreement are satisfactory, please indicate your
acceptance by signing both enclosed copies and returning one copy to
George Reich at the Puget Sound Area Office for authentication.
ACCEPTED:
CITY OF ?Ott ANGELES
By /s/ Frank McPhee
Title
Date
Enclosures
Mayor
11/15/88
Sincerely,
/s/ Walter E. Pollock
Walter Pollock
Assistant Administrator
for Power Sales
ATTEST;
By /s/ Michelle Maike"
Title City Clerk
Date 11/15/88
2
TRANSMISSION AGREEMENT
executed by the
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
acting by and through the
BONNEVILLE POWER ADMINISTRATION
and
CLALLAM COUNTY PUD
and
CITY OF PORT ANGELES
MORSE CREEK HYDRO PROJECT
Index to Sections
Contract No. DE- MS79- 888P92315
08/18/88
Section Pale
1. Term of Agreement 3
2. Definition and Explanation of Terms 3
3. Exhibits; Interpretations 4
4. Transmission of Electric Power and Energy 4
5. Payment Provisions 6
6. Termination of Agreement and Charges 7
7. Revision of Exhibits 7
8. Reactive Power 9
9. Metering Equipment 9
10. Several Obligations 9
11. Execution in Counterpart 10
Section Page
Exhibit A (Transmission Rate Schedules and
General Transmission Rate Schedule Provisions) 4
Exhibit B (General Wheeling Provisions (GNP Form -4R)) 4
Exhibit C (Transmission Parameters) 4
Exhibit D (Project, Point of Interconnection, Point of Delivery) 4
Exhibit E (Loss Factors) 4
Exhibit F (Resource Services) 4
This TRANSMISSION AGREEMENT, executed 19_, by the
UNITED STATES OF AMERICA (Government), Department of Energy, acting by and
through the BONNEVILLE POWER ADMINISTRATION (Bonneville), CLALLAM COUNTY PUD
(Utility), a Public Utility District of the State of Washington, and the CITY
OF PORT ANGELES (CITY), a municipality of the State of Washington;
WITNESSETH:
WHEREAS the Utility and the City have entered into, or intend to enter
into, an agreement whereby the Utility will provide firm capacity in its
transmission or distribution system facilities for the transmission of
electric power generated at the Morse Creek Hydro Project (Project), and for
interconnection of the Project to the facilities of the Utility
(Interconnection Agreement); and
WHEREAS the Utility and Bonneville have agreed to provide firm capacity on
their transmission or distribution facilities for the transmission of power
from the Project to the City; and
WHEREAS the City owns the Project and the transmission service occurs over
the Utility's and Bonneville's facilities for delivery to the City; and
WHEREAS the load which is served hereunder at the Point of Interconnection
2
and the Point'of Delivery is in the control area of Bonneville; and
WHEREAS Bonneville is authorized pursuant to law to dispose of electric
power generated at various Federal hydroelectric projects in the Pacific
Northwest, or acquired from other resources, to construct and operate
transmission facilities, to provide transmission and other services, and to
enter into agreements to carry out such authority;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Term of Agreement. This agreement shall be effective commencing at
2400 hours on the date Bonneville has signed all original counterparts of this
agreement (Effective Date), and unless terminated earlier pursuant to the
terms of this Agreement, shall continue until 2400 hours on January 31, 2008.
All obligations incurred hereunder shall continue until satisfied.
Upon expiration of this agreement, Bonneville shall offer to extend
transmission services provided hereunder, subject to the terms and conditions
consistent with the then prevailing Bonneville rates, policy, and Federal
Columbia River Transmission System (FCRTS) conditions.
2. Definition and Explanation of Terms.
(a) "Electric Power" or "power" means electric peaking capacity,
expressed in kilowatts, or electric energy expressed in kilowatthours, or both.
(b) "Point of Delivery" means the point of delivery, described in
Exhibit D, where electric power and energy are delivered to the City by
Bonneville.
(c) "Point of Interconnection" means the point described in Exhibit D
where the project output will be made available by the Utility to Bonneville.
(d) "Project" means the City's Morse Creek Hydro Project facility,
described in Exhibit D, consisting of the site and generating units, and
related transformation and transmission facilities.
3
4
(e) "Transmission Demand" means the amount specified in Exhibit C,
expressed in kilowatts, which is the maximum hourly amount of electric energy
to be made available to the City under this agreement at the Point of Delivery.
(f) "Use -of- Facilities Charge" means the charge specified in Exhibit C,
which is the monthly charge per kilowatt of Transmission Demand for the Point
of Delivery; such charge has been calculated pursuant to the provisions of
Exhibit A.
3. Exhibits; Interpretations. The rights and obligations of the parties
with respect to provisions hereunder shall be subject to and governed by this
agreement, including Exhibits A through F (Exhibits) attached hereto and by
this reference made a part of this agreement. The provisions of section 38 of
the General Wheeling Provisions [GWP Form -4R], Exhibit B, requires a minimum
notice prior to a Rate Adjustment Date. If the rates are disapproved or
conditions are placed on them by the agency authorized to approve Bonneville's
transmission rates (Agency) or by any judicial interpretation of legislation
by a court with jurisdiction over Bonneville, Bonneville shall not be required
to give the minimum notice prior to resubmitting the rates to the Agency or
implementing the Agency approved rates. The headings used in this agreement
are for convenient reference only, and shall not affect the interpretation of
this agreement. The City shall be the "Transferee" and the Utility and
Bonneville shall be the "Transferor" referred to in the General Wheeling
Provisions Exhibit.
4. Transmission of Electric Power and Eneray.
(a) Before power shall be made available to the City, all equipment and
facilities needed for safe and reliable interconnection to Bonneville's
facilities shall be installed by the City and in operation as approved by
Bonneville.
If at any time during the term of this agreement the existence of Project
generation creates disturbances on or otherwise degrades the integrity of the
Federal Columbia River Transmission System (FCRTS), Bonneville may interrupt
transmission services and require the City to install, or have installed at
the City's expense, facilities necessary to correct such problems prior to
resuming such services.
In addition, Bonneville shall require use of its Revenue Metering System
(RMS) meters in accordance with Section 9.
(b) For each hour during the term hereof, the City shall make available
or arrange to have made available to the Utility at the Utility's Morse Creek
Point of Interconnection as defined in Exhibit D, and the Utility shall make
available to Bonneville at the Government's Port Angeles Point of
Interconnection as defined in Exhibit D, an amount of Electric Power metered
at the Project less losses in accordance with Exhibit E.
(c) For each hour during the term hereof, Bonneville shall make available
to the City at the Point of Delivery for account of the City, the amount of
Electric Power made available to Bonneville pursuant to subsection (b).
(d) Bonneville shall add to the metered quantities monthly at the Point
of Interconnection and subtract from the metered quantities monthly at the
Point of Delivery the amount of power made available to Bonneville pursuant to
subsection (b) above.
(e) Nothing contained in the power sales contract between Bonneville and
the Utility (Contract No. DE- MS79- 81BP90488 as amended by Amendatory Agreement
No 1, dated June 3, 1982) and Bonneville and the City (Contract
No. DE- MS79- 81BP90450) shall limit in any way the obligations of Bonneville or
the Utility to the City to provide the firm transmission services hereunder.
5
5. Payment Provisions.
(a) The City shall pay Bonneville each month for the transmission
services and the resource services provided hereunder, an amount which shall
be the sum of the products obtained by multiplying each of the charges for
such services by its respective multiplier. The charges and multipliers shall
be as specified in Exhibit C. The resource services shall be developed and
described pursuant to section 7(d). Bonneville shall make appropriate billing
adjustments during periods, if any, when the operation of the Project is
limited by governmental agencies having jurisdiction over air and water
quality standards therefor.
Any ratchet demand that may occur as determined by Bonneville pursuant to
the Transmission Rate Schedules and General Transmission Rate Schedule
Provisions, does not constitute an increase in any Transmission Demand
approved by Bonneville, and any continued service at such level will depend on
the availability of facilities as determined by Bonneville.
(b) The City shall pay the Utility each month for the transmission
services provided by the Utility hereunder as provided in the Interconnection
Agreement. Such obligation is an obligation of the City.
(c) To the extent that the billing determinants contained in Exhibit C
include a demand factor, which may be represented by a "transmission demand,"
"contract demand," "measured demand" or other type of demand quantity, the
billing demand and ratchet provisions, if any, of the General Transmission
Rate Schedule Provisions contained in Exhibit A shall apply to the calculation
of payments.
6
6. Termination of Agreement and Charaes. This agreement may be
terminated with mutual consent of the parties, which consent shall not be
unreasonably withheld, (1) upon destruction or abandonment of the Project;
(2) upon discontinuation of Project output under a final order of a public
official having authority to issue such order; (3) upon termination of the
Interconnection Agreement between the City and the Utility for the transfer of
power for the Project; (4) upon denial of a license to construct and operate
the Project from the Federal Energy Regulatory Commission (FERC) or its
successor agency (Agency). This agreement may not be terminated by reason of
a partial reduction in generating capability. If this agreement is terminated
earlier than the term described in section 1 above, or if there is a partial
reduction in generating capability, the City shall pay Bonneville as follows:
(a) for the unamortized nonsalvable investment plus the cost of removal
of any facilities Bonneville has constructed at Government expense for the
purpose of providing transmission service for the Project hereunder; or
(b) monthly at a rate that shall compensate Bonneville for the annual
cost of the facilities so constructed, to the extent such facilities become
unusable in whole or in part as the result of such destruction or abandonment
of the Project or upon such partial permanent reduction or discontinuation of
Project Output.
The payment obligations in this section shall be the obligation of the
City.
7. Revision of Exhibits.
(a) The Use -of- Facility Transmission rate schedule attached hereto as
Exhibit A has been finally confirmed and approved by the Agency. The rate
schedule in Exhibit A shall be replaced by successor rate schedules in
accordance with the provisions of section 70) of the Pacific Northwest Power
Act and Agency rules. The Use -of- Facilities Charge specified in Exhibit C
7
shall be recalculated following any rate filing according to the provisions of
such amended, modified, or successor rate schedules and associated provisions,
and Bonneville shall prepare a new Exhibit C incorporating the revised
Use —of— Facilities Charge.
(b) If Bonneville determines that the charges specified in Exhibit C or
any subsequent charges specified in this agreement must be changed pursuant to
sections 19 or 38 of Exhibit B, it shall prepare a new Exhibit C incorporating
such changes. Such new Exhibit C shall be substituted for the Exhibit C then
in effect and shall become effective as of the date specified therein.
(c) The loss factor specified in Exhibit E may be revised from time to
time upon notification by the City and Utility, or Bonneville's determination
that conditions at the Project or on the Utility's system have changed
sufficiently to warrant recalculating the loss factor. Bonneville shall
calculate the new loss factor and submit to the City and Utility by letter
pursuant to Exhibit E.
(d) Exhibit F shall be revised to include charges for resource services
which Bonneville provides for the Project or upon determination by Bonneville
that any such resource service charge contained therein must be changed to
properly compensate Bonneville for providing such services. The resource
services may include, but shall not be limited to, such services as operating
reserves and making available amounts of power and energy to the City,
pursuant to section 4(c) above, which vary from the amounts of actual Project
generation. The resource service charge set forth in Exhibit F shall not be
increased more frequently than once during any consecutive 12 month period.
Bonneville shall provide the City and Bonneville's other customers with a
reasonable opportunity of not less than 90 days to comment prior to the
effective date of such proposed revised charges. Revised charges shall take
effect on the date specified by Bonneville in its written notice to the City
of its intention to revise such charge.
8
8. Reactive Power. It is the intent of the parties hereto that the
voltage level at the Points of Interconnection and the Points of Delivery be
controlled in accordance with prudent utility operating practice. The parties
hereto shall jointly plan and operate their systems so as not to place an
undue burden on the other party to supply or absorb reactive power
accompanying or resulting from deliveries hereunder.
9. Meterina Equipment. Bonneville shall require use of a Revenue
Metering System (RMS) unit or like unit meeting Bonneville's specifications to
meter output from the Project. Bonneville shall perform all 0 &M services on
the RMS unit. Likewise, the City shall use JEM meters, or equivalent, to
determine output from the Project; and the City shall perform all 0 &M service
on its meter. The cost associated with the purchase and maintenance of the
RMS unit including repair or replacement shall be at the City's expense. The
original purchase of the RMS unit is provided under Agreement
No. DE- AI79- 87BP72149. Installation of telecommunications equipment for both
Bonneville and City metering equipment and all service charges shall be at the
City's expense. Ownership of the RMS equipment shall remain with the
Government.
10. Several Obliaations. Except where specifically stated in this
agreement to be otherwise, the duties, obligations, and liabilities of the
parties are intended to be several and not joint or collective. Nothing
contained in this agreement shall ever be construed to create an association,
trust, partnership, or joint venture or to impose a trust or partnership duty,
obligation, �r liability on or with regard to any party. Each party shall be
individually and severally liable for its own obligation under this agreement.
9
11. Execution in Counterpart. This agreement may be executed
in any number of counterparts in which case all such counterparts
shall be deemed to constitute a single document with the same force
and effect as if all parties hereto having signed a counterpart
had signed all other counterparts. The agreement shall become
effective in accordance with section 1.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement in several counterparts.
10
UNITED STATES OF AMERICA
Department of Energy
Bonneville Power Administrtion
By
Date
CLALLAM COUNTY PUD ATTEST:
By By
Title Title
Date Date
CITY OF PORT ANGELES ATTEST:
B y By
Title Title
Date Date
(VS6- PMT- 0758e)
1987 Transmission Rate Schedules
and General Transmission Rate Schedule Provisions
Bonneville
POWER ADMINISTRATION
United States Department of Energy
Bonneville Power Administration
905 NE. 11th Avenue
Portland, Oregon 97232
Bonneville Power Administration's 1987 Transmission Rate Schedules and General Transmis-
sion Rate Schedule Provisions, were approved on an interim basis by the Federal Energy
Regulatory Commission, United States Department of Energy, in a commission order issued
September 23, 1987, (Docket Nos. EF87- 2021 -000, et al.). These rate schedules and provisions
became effective October 1,1987. These rate schedules and provisions supersede the Adminis-
tration's Transmission Rate Schedules and General Transmission Rate Schedule Provisions
effective July 1,1985. Existing rate schedules UFT -2, UFT -83, and TGT -1, for which final approval
has been extended, are also included in this brochure.
TRANSMISSION RATE SCHEDULES AND GENERAL TRANSMISSION RATE
SCHEDULE PROVISIONS
Current Transmission Rate Schedules Page
FPT 87.1 Formula Power Transmission 1
FPT 87.3 Formula Power Transmission 2
IR Integration of Resources 3
IS Southern Intertie Transmission 4
IN Northern Intertie Transmission 5
IE Eastern Intertie Transmission 6
ET Energy Transmission 7
MT Market Transmission 8
Extension of Existing Transmission Rate Schedules 9
UFT -2 10
UFT-83 11
TGT -1 12
General Transmission Rate Schedule Provisions
SKflON 1
SECTION 11
SCITION 111
SECTION IY
TABLE OF CONTENTS
Adoption of Revised Transmission Rate Schedules and
General Transmission Date Schedule Provisions 14
Billing Factor Definitions and Billing Adjustments 14
Other Definitions 15
Billing Information 16
SECTION I. AVAILABILITY
This schedule supersedes schedule FPT -85.1 for all
firm transmission agreements which provide that
rates may be adjusted not more frequently than
once a year. It is available for firm transmission of
electric power and energy using the Main Grid
and /or Secondary System of the FCRTS. This sche-
dule is for full -year and partial -year service and for
either continuous or intermittent service when firm
availability of service is required. For facilities at
voltages lower than the Secondary System, a differ-
ent rate schedule may be specified. Service under
this schedule is subject to BPA's General Transmis-
sion Rate Schedule Provisions.
SECTION 1i. RATE
A.
Full -Year Service
The monthly charge per kilowatt of billing
demand shall be one twelfth of the sum of the
Main Grid Charge, the Secondary System
Charge, and Intertie Charge, as applicable and
as specified in the Agreement.
1. Main Grid Charge
The Main Grid Charge shall be the sum of
one or more of the following component
factors as specified in the Agreement:
a. Main Grid Distance Factor: The amount
computed by multiplying the Main Grid
Distance by $0.0250 per mile;
b. Main Grid Interconnection Terminal Fac-
tor: $0.20;
c. Main Grid Terminal Factor: $0.25;
d. Main Grid Miscellaneous Facilities Factor:
$1.04;
2. Secondary System Charge
The Secondary System Charge shall be the
sum of one or more of the following compo-
nent factors as specified in the Agreement:
a. Secondary System Distance Factor: The
amount determined by multiplying the
Secondary System Distance by $0.1255 per
mile;
TRANSMISSION RATE SCHEDULES
SCHEDULE FPT -87.1
FORMULA POWER TRANSMISSION
1
b. Secondary System Transformation Factor:
$1.95;
c. Secondary System Intermediate Terminal
Factor: $0.72;
d. Secondary System Interconnection Termi-
nal Factor: $0.36;
3. Intertie Charge
For use of the Southern Intertie facilities:
$5.21.
B. Partial -Year Service
The monthly charge per kilowatt of billing
demand shall be as specified in Section t1.A for
all months of the year except for agreements
whose term is 5 years or less and which specify
service for fewer than 12 months per year, the
monthly charge shall be:
1. during months for which service is specified,
the monthly charge defined in Section IL.A,
and
2. during other months, the monthly charge
defined in Section II.A multiplied by 0.2.
SECTION III. BILLING FACTORS
Unless otherwise stated in the Agreement, the bill-
ing demand shall be the largest of:
A. the Transmission Demand;
B. the highest hourly Scheduled Demand for the
month; or
C. the Ratchet Demand.
SECTION 1. AVAILABILITY
This schedule supersedes schedule FPT -83.3 for all
firm transmission agreements which provide that
rates may be adjusted not more frequently than
once every 3 years. It is available for firm transmis-
sion of electric power and energy using the Main
Grid and /or Secondary System of the FCRTS. This
schedule is for full -year and partial -year service and
for either continuous or intermittent service when
firm availability of service is required. For facilities
at voltages lower than the Secondary System, a dif-
ferent rate schedule may be specified. Service
under this schedule is subject to BPA's General
Transmission Rate Schedule Provisions.
SECTION 11. RATE
A. Full -Year Service
The monthly charge per kilowatt of billing
demand shall be one twelfth of the sum of the
Main Grid Charge, the Secondary System
Charge, and Interne Charge, as applicable and
as specified in the Agreement.
1. Main Grid Charge
The Main Grid Charge shall be the sum of
one or more of the following component
factors as specified in the Agreement:
a. Main Grid Distance Factor: The amount
computed by multiplying the Main Grid
Distance by $0.0250 per mile;
b. Main Grid Interconnection Terminal Fac-
tor: $0.20;
c. Main Grid Terminal Factor: $0.25;
d. Main Grid Miscellaneous Facilities Factor:
$1.04;
2. Secondary System Charge
The Secondary System Charge shall be the
sum of one or more of the following compo-
nent factors as specified in the Agreement:
a. Secondary System Distance Factor: The
amount determined by multiplying the
Secondary System Distance by $0.1255 per
mile;
b. Secondary System Transformation Factor:
$1.95;
SCHEDULE FPT -87.3
FORMULA POWER TRANSMISSION
2
c. Secondary System Intermediate Terminal
Factor: $0.72;
d. Secondary System Interconnection Termi-
nal Factor: $0.36;
3. Intertie Charge
For use of the Southern Intertie facilities:
$5.21.
B. Partial -Year Service
The monthly charge per kilowatt of billing
demand shall be as specified in Section II.A for
all months of the year except for agreements
whose term is 5 years or less and which specify
service for fewer than 12 months per year, the
charge shall be:
1. during months for which service is specified,
the monthly charge defined in Section II.A,
and
2. during other months, the monthly charge
defined in Section II.A multiplied by 0.2.
SECTION 111. BILLING FACTORS
Unless otherwise stated in the Agreement, the bill-
ing demand shall be the largest of:
A. the Transmission Demand;
B. the highest hourly Scheduled Demand for the
month; or
C. the Ratchet Demand.
SECTION 1. AVAILABILITY
This schedule supersedes IR -85 and is available for
firm transmission service for electric power and
energy using the Main Grid and /or Secondary Sys-
tem of the FCRTS. The definitions of Main Grid and
Secondary Systems are the same as for the FPT -87.1
and FPT -87.3 rate schedules and are contained in
the General Transmission Rate Schedule Provisions.
For facilities at voltages lower than the Secondary
System, a different rate schedule may be specified.
Service under this schedule is subject to BPA's
General Transmission Rate Schedule Provisions.
SECTION II. RATE
The monthly charge shall be the sum of A and B
where:
A. The Demand Charge shall be:
1. $0.2600 per kilowatt of billing demand; or
2. for Points of Integration (P01) specified in the
Agreement as being short distance POI's, for
which Main Grid and Secondary System facil-
ities are used for a distance of less than 75
circuit miles, the following formula applies:
0.2 (0.8/75 x transmission distance)]
,$0.2600 per kilowatt of billing demand)
Where:
the billing demand for a short distance PO1 is
the demand level specified in the Agreement
for such POI, and the transmission distance is
the circuit miles between the POI for a
generating resource of the customer and a
designated Point of Delivery (POD) serving
the Toad of the customer. Short distance
POI's are determined by BPA after consider-
ing factors in addition to transmission
distance.
B. The Energy Charge shall be:
0.85 mills /kWh of billing energy.
SECTION I11. BILLING FACTORS
To the extent that the Agreement provides for the
customer to be billed for transmission in excess of
the Transmission Demand or Total Transmission
Demand, as defined in the Agreement, at the non-
SCHEDULE IR -87
INTEGRATION OF RESOURCES
3
firm transmission rate (currently ET -87), such
transmission service shall not contribute to either
the Billing Demand or the Billing Energy for the IR
rate provided that the customer requests such
treatment and BPA approves in accordance with the
prescribed provisions in the Agreement.
A. Billing Demand
The billing demand shall be the largest of:
1. the Transmission Demand, except under
General Transmission Agreements where a
Total Transmission Demand is defined;
2. the highest hourly Scheduled Demand for
the month; or
3. the Ratchet Demand.
B. Billing Energy
The billing energy shall be the monthly sum of
scheduled kilowatthours.
SECTION 1. AVAILABILITY
This schedule supersedes IS-85 and is available for
all transmission on the Southern Intertie. Service
under this schedule is subject to BPA's General
Transmission Rate Schedule Provisions.
SECTION I1. RATE
A. Nonfirm Rate
The charge for nonfirm transmission of non
BPA power shall be 1.4 mills /kWh of billing
energy. This charge applies for both north -to-
south and south -to -north transactions.
B. Firm Power Transmission Rate
The charge for firm transmission service
granted access by BPA shall be $0.360 per kW
per month of billing demand and 0.69
mills /kWh of billing energy. Firm transmission
will only be made available to customers under
this rate schedule who have executed a contract
with BPA specifying use of the Firm Power
Transmission rate for either north -to -south or
south -to -north transactions.
SECTION 111. BILLING FACTORS
A. For services under Section 1I.A, the billing
energy shall be the monthly sum of the sche-
duled kilowatthours, plus the monthly sum of
kilowatthours allocated but not scheduled. The
amount of allocated but not scheduled energy
that is subject to billing may be reduced prorata
by BPA due to forced Intertie outages, and other
uncontrollable forces that may reduce Intertie
capacity. The amount of allocated but not sche-
duled energy that is subject to billing also may
be reduced upon mutual agreement between
BPA and the customer.
B. For services under Section 11.8, the billing
demand shall be the Transmission Demand as
defined in the Agreement. The billing energy
shall be the monthly sum of scheduled kilowat-
thours, unless otherwise specified in the
Agreement.
SCHEDULE IS-87
SOUTHERN INTERTIE TRANSMISSION
SECTION 1. AVAILABILITY
This schedule supersedes IN -85 and is available for
all transmission on the Northern Intertie. Service
under this schedule is subject to BPA's General
Transmission Rate Schedule Provisions.
SECTION II. RATE
The charge for transmission of non -BPA power on
the Northern Intertie shall be 1.05 mills /kWh.
SECTION 111. BILLING FACTORS
Billing Energy
The billing energy shall be the monthly sum of the
scheduled kilowatthours.
SCHEDULE IN-87
NORTHERN INTERTIE TRANSMISSION
SECTION 1. AVAILABILITY
This schedule supersedes IE -85 and is available for
all nonfirm transmission on the Eastern Intertie. Serv-
ice under this schedule is subject to BPA's General
Transmission Rate Schedule Provisions.
SECTION I1. RATE
The charge for transmission of nonfirm energy on
the Eastern Intertie shall be 2.08 mills /kWh.
SECTION III. BILLING FACTORS
Billing Energy
The billing energy shall be the monthly sum of the
scheduled kilowatthours.
SCHEDULE 1E-87
EASTERN INTERTIE TRANSMISSION
SECTION 1. AVAILABILITY
This schedule supersedes ET -85, unless otherwise
specified in the Agreement, with respect to delivery
using FCRTS facilities other than the Southern
Intertie, Eastern Intertie, or the Northern Intertie,
and is available for nonfirm transmission between
points within the Pacific Northwest. BPA may inter-
rupt service which is provided under this rate sche-
dule. Service under this schedule is subject to BPA's
General Transmission Rate Schedule Provisions.
SECTION II. RATE
The charge for such nonfirm transmission of non
Federal electric energy shall be 1.61 mills /kWh.
SECTION 111. BILLING FACTORS
Billing Energy
The billing energy shall be the monthly sum of
scheduled kilowatthours.
SCHEDULE ET-87
ENERGY TRANSMISSION
a
7
SECTION 1. AVAILABILITY
This schedule is available for Transmission Service
for transactions using FCRTS facilities pursuant to
the Western Systems Power Pool (WSPP) Agree-
ment. Service under this schedule is subject to
BPA's General Transmission Rate Schedule
Provisions.
SECTION 11. RATE
The charge shall be determined in advance by BPA.
The charge shall not exceed 33 percent of the dif-
ference between the highest Decremental Cost of
generation of the WSPP and the lowest Decremen-
tal Cost of generation of the WSPP as determined by
the WSPP Operating Committee during the year
prior to the effective date of the WSPP Agreement.
The Operating Committee may determine that a
subsequent redetermination is necessary based
upon the immediately preceeding years expe-
rience. However, the transmission charge shall not
be Tess than 1 mill per kilowatthour.
SECTION 111. BILLING FACTORS
The billing factors shall be specified in advance by
BPA, as to representing the Transmission Service use
or reservation.
SCHEDULE MT-87
MARKET TRANSMISSION
8
Extension of Existing Transmission Rate Schedules
UFT -2
The Bonneville Power Administration received extension of final approval for the
UFT -2 wheeling rate from the Federal Energy Regulatory Commission, United States
Department of Energy, in a commission order issued September 23, 1987, (Docket
Nos. EF87- 2021 -000, et al.). This rate schedule is in effect through June 30, 1990.
UFT-83 and TGT -1
The Bonneville Power Administration received extension of final approval for wheel-
ing rate schedules UFT -83 and TGT -1, from the Federal Energy Regulatory Commis-
sion, United States Department of Energy, in a commission order issued April 29,1987,
(Docket Nos. EF85- 2021 -001, et al.). These rate schedules are in effect through June 30,
1990.
9
SECTION 1. AVAILABILITY
This schedule is available for the firm transmission
of electric power and energy over specified FCRTS
facilities installed or operated primarily for the
benefit or convenience of a limited number of cus-
tomers. This schedule is not appropriate for new
agreements for service over the integrated Net-
work Segment, or the PNW -PSW Intense Segment.
SECTION 11. RATE
The monthly charge per kilowatt of Transmission
Demand specified in the Agreement shall be one
twelfth of the Annual Cost per kilowatt of Capacity
of the specified facilities. Such Annual Cost shall be
determined in accordance with Section III.
SECTION III. DETERMINATION OF
TRANSMISSION RATE
A. From time to time, but not more often than
once in each Contract Year, BPA shall determine
the following data for the facilities which have
been constructed or otherwise acquired by BPA
and are used to transmit electric power and
energy thereunder:
1. Capital cost of each such facility as specified
in the most recently published plant invest-
ment records of BPA which are issued in sup-
port of the Federal Columbia River Power
System financial statement.
2. Annual Interest and Amortization Ratios for
each such facility using the most recent sys-
tem average cost factors developed from
actual Interest and Amortization costs for
specific categories of FCRTS facilities and
from data included in the financial statement.
3. Operation, maintenance, administrative and
general, and general plant costs of such facili-
ties using the most recent system average
costs for specific categories of FCRTS
facilities.
4. The yearly noncoincidental peak demands of
all users of such facilities.
B. The monthly charge per kilowatt of Transmis-
sion Demand shall be one twelfth of the sum of
the Annual Cost per kilowatt of each of the
SCHEDULE UFT -2
USE -OF- FACILITIES TRANSMISSION
10
FCRTS facilities used. The Annual Cost per
kilowatt of each facility constructed or other-
wise acquired by BPA shall be determined in
accordance with the following formula:
(IXR) +B
D
Where B Operation, maintenance, adminis-
trative and general, and general plant cost of
such facility as determined in A.3.
I Capital cost of such facility as determined in
A.1.
R Annual Interest and Amortization Ratio for
such facility as determined in A.2.
D The sum of the yearly noncoincidental
demands on the facility as determined in A.4.
The Annual Cost per kilowatt of facilities listed
in the Agreement which are owned by another
entity, and used by BPA for making deliveries to
the Transferee, shall be determined from the
costs specified in the Agreement between BPA
and such other entity.
SECTION IV. DETERMINATION OF
TRANSMISSION DEMAND
Unless otherwise stated in the Agreement, the fac-
tor to be used in determining the kilowatts of
Transmission Demand is the largest of:
A. the Transmission Demand specified in the
Agreement;
B. the highest Measured or Scheduled Demand
for the month, the Measured Demand being
adjusted for power factor; or
C. the Ratchet Demand.
SECTION 1. AVAILABILITY
This schedule supersedes UFT -1, and UFT -2, unless
otherwise provided in the Agreement, and is avail-
able for firm transmission over specified FCRTS
facilities.
SECTION 11. RATE
The monthly charge per kilowatt of Transmission
Demand specified in the Agreement shall be one
twelfth of the annual cost of capacity of the speci-
fied facilities divided by the sum of Transmission
Demands (in kilowatts) using such facilities. Such
annual cost shall be determined in accordance with
Section 111.
SECTION I11. DETERMINATION OF
TRANSMISSION RATE
A. From time to time, but not more often than
once in each Contract Year, BPA shall determine
the following data for the facilities which have
been constructed or otherwise acquired by
BPA, and which are used to transmit electric
power and energy:
1. The annual cost of the specified FCRTS facili-
ties, as determined from the capital cost of
such facilities and annual cost ratios deve-
loped from the FCRTS financial statement,
including interest and amortization, opera-
tion and maintenance, administrative and
general, and general plant costs.
2. The yearly noncoincident peak demands of
all users of such facilities or other reasonable
measurement of the facilities' peak use.
B. The monthly charge per kilowatt of billing
demand shall be one twelfth of the sum of the
annual cost of the FCRTS facilities used divided
by the sum of Transmission Demands. The
annual cost per kilowatt of Transmission
Demand for a facility constructed or otherwise
acquired by BPA shall be determined in accor-
dance with the following formula:
A
D
where:
A The annual cost of such facility as deter-
mined in accordance with A.1. above.
SCHEDULE UFT -83
USE -OF- FACILITIES TRANSMISSION
11
D The sum of the yearly noncoincident
demands on the facility as determined in accor-
dance with A.2. above.
'The annual cost per kilowatt of facilities listed in the
Agreement which are owned by another entity, and
used by BPA for making deliveries to the transferee,
shall be determined from the costs specified in the
Agreement between BPA and such other entity.
SECTION IV. DETERMINATION OF BILLING
DEMAND
Unless otherwise stated in the Agreement, the fac-
tor to be used in determining the kilowatts of billing
demand shall be the largest of:
A. the Transmission Demand in kilowatts specified
in the Agreement;
B. the highest hourly Measured or Scheduled
Demand for the month, the Measured Demand
being adjusted for power factor; or
C. The Ratchet Demand.
SECTION 1. AVAILABILITY
This schedule shall apply to all agreements which
provide for the firm transmission of electric power
and energy over transmission facilities of BPA's sec-
tion of the Montana [Eastern) Intertie.
SECTION 11. RATE
The monthly charge shall be one twelfth of the sum
of the annual charges listed below, as applicable
and as specified in the agreements for firm trans-
mission. The Townsend Garrison 500 -kV lines and
associated terminal, line compensation, and com-
munication facilities are a separately identified por-
tion of the Federal Transmission System. Annual
revenues plus credits for Government use should
equal annual costs of the facilities, but in any given
year there may be either a surplus or a deficit. Such
surpluses or deficits for any year shall be accounted
for in the computation of annual costs for succeed
inF years. Revenue requirements from firm trans
msssion use will be decreased by any revenues
received from nonfirm use and credits for all
Government use. The general methodology for
determining the firm rate is to divide the revenue
requirement by the total firm capacity require-
ments. Therefore, the hil3her the total capacity
requirements, the lower will be the unit rate.
If the Government provides firm transmission serv-
ice in its section of the Montana [Eastern' Intertie in
exchange for firm transmission service in a custo-
mer's section of the Montana Intertie, the payment
by the Government for such transmission services
provided by such customer will be made in the
form of a credit in the calculation of the Intertie
Charge for such customer. During an estimated
1 to 3 -year period following the commercial opera-
tion date oft the third generating unit at the Colstrip
Thermal Generating Plant at Colstrip, Montana, the
capability of the Federal Transmission System west
of Garrison Substation may be different from the
long -term situation. It may not be possible to com-
plete the extension of the 500 -kV portion of the
Federal Transmission System to Garrison by such
commercial operation date. In such event, the
500/230 kV transformer will be an essential exten-
sion of the Townsend- Garrison Intertie facilities,
and the annual costs of such transformer will be
included in the calculation of the Intertie Charge.
SCHEDULE TGT=1
TOWNSEND GARRISON TRANSMISSION
12
However, starting 1 month after extension to Garri-
son of the 500 -kV portion of the Federal Transmis-
sion System, the annual costs of such transformer
will no longer be included in the calculation of the
Intertie Charge.
A. Nonfirm Transmission Charge:
This charge will be filed as a separate Rate Sche-
dule and revenues received thereunder will
reduce the amount of revenue to be collected
under the Intertie Charge below.
B. Intertie Charge for Firm Transmission Service:
Intertie Charge [(TAC /12 -NFR) x (CR -ECl
TCR
SECTION 111. DEFINITIONS
A. TAC Total Annual Costs of facilities associated
with the Townsend- Garrison 500 -kV Transmis-
sion line including terminals, and prior to
extension of the 500 -kV portion of the Federal
Transmission System to Garrison, the 500/230 kV
transformer at Garrison. Such annual costs are
the total of (1) interest and amortization of asso-
ciated Federal investment and the appropriate
allocation of general plant costs; (2) operation
and maintenance costs; (3) allowance for Bonne
ville's general administrative costs which are
appropriately allocable to such facilities; and
(4) payments made pursuant to section 7(m) of
Public Law 96 -501 with respect to these facilities.
Total Annual Costs shall be adjusted to reflect
reductions to unpaid total costs as a result of any
amounts received, under agreements for firm
transmission service over the Montana Intertie,
by the Government on account of any reduc-
tion in Transmission Demand, termination or
partial termination of any such agreement or
otherwise to compensate BPA for the unamor-
tized investment, annual cost, removal, salvage,
or other cost related to such facilities.
B. NFR Nonfirm Revenues, which are equal to
(1) the product of the Nonfirm Transmission
Charge described in II(A) above, and the total
nonfirm energy transmitted over the
Townsend Garrison line segment under such
charge for such month; plus (2) the product of
the Non -Firm Transmission Charge and the total
nonfirm energy transmitted in either direction
by the Government over the Townsend
Garrison line segment for such month.
C. CR Capacity Requirement of a customer on
the Townsend- Garrison 500 -kV transmission
facilities as specified in its firm transmission
agreement.
D. TCR Total Capacity Requirement on the
Townsend- Garrison 500 -kV transmission facili-
ties as calculated by adding (1) the sum of all
Capacity Requirements (CR) specified in trans-
mission agreements described in section l; and
(2) the Government's firm capacity require-
ment. The Government's firm capacity
requirement shall be no less than the total of the
amounts, if any, specified in firm transmission
agreements for use of the Montana Intertie.
E. EC Exchange credit for each customer which is
the product of (1) the ratio of investment in the
Townsend Broadview 500 -kV transmission line
to the investment in the Townsend- Garrison
500 -kV transmission line; and (2) the capacity
which the Government obtains in the
Townsend Broadview 500 -kV transmission line
through exchange with such customer. If no
exchange is in effect with a customer, the value
of EC for such customer shall be zero.
13
GENERAL TRANSMISSION RATE SCHEDULE PROVISIONS
SECTION 1. ADOPTION OF REVISED
TRANSMISSION RATE SCHEDULES
AND GENERAL TRANSMISSION
RATE SCHEDULE PROVISIONS
A. Approval of Rates
These rate schedules and General Transmission
Rate Schedule Provisions (GTRSP) shall become
effective upon approval by the Federal Energy
Regulatory Commission. BPA will request FERC
approval effective October 1, 1987. BPA is
requesting that all proposed Transmission Rate
Schedules be effective for a period of 2 years,
from October 1, 1987, through September 30,
1989, with the exception of the FPT 87.3 rate
schedule, which is effective for a period of
3 years, through September 30,1990.
B. General Provisions
These 1987 Transmission Rate Schedules and
associated GTRSP supersede in their entirety
BPA's 1985 Transmission Rate Schedules and
GTRSP (which became effective July 1,1985) but
do not supersede prior rate schedules required
by agreement to remain in force.
Transmission service provided shall be subject
to the following Acts, as amended: the Bonne-
ville Project Act, the Regional Preference Act
(P.L. 88-552), the Federal Columbia River
Transmission System Act, and the Pacific
Northwest Electric Power Planning and Conser-
vation Act.
The meaning of terms used in the transmission
rate schedules shall be as defined in agreements
or provisions which are attached to the Agree-
ment or as in any of the above Acts.
C. Interpretation
If a provision in the executed Agreement is in
conflict with a provision contained herein, the
former shall prevail.
SECTION II. BILLING FACTOR DEFINITIONS
AND BILLING ADJUSTMENTS
A. Billing Factors
1. Scheduled Demand
The largest of hourly amounts wheeled
which are scheduled by the customer during
the time period specified in the rate
schedules.
14
2. Metered Demand
The Metered Demand in kilowatts shall be
largest of the 60- minute clock -hour inte-
grated demands measured by meters
installed at each POD during each time
period specified in the applicable rate sche-
dule. Such measurements shall be made as
specified in the Agreement. BPA, in deter
mining the Metered Demand, will exclude
any abnormal readings due to or resulting
from (a) emergencies or breakdowns on, or
maintenance of, the FCRTS; or (b) emergen-
cies on the customer's facilities, provided
that such facilities have been adequately
maintained and prudently operated as
determined by BPA. If more than one class of
power is delivered to any POD, the portion of
the metered quantities assigned to any class
of power shall be as agreed to by the parties.
The amount so assigned shall constitute the
Metered Demand for such class of power.
3. Transmission Demand
The demand as defined in the Agreement.
4. Total Transmission Demand
The sum of the transmission demands as
defined in the Agreement.
5. Ratchet Demand
The maximum demand established during
the previous 11 billing months. Exception: If
a Transmission Demand or Total Transmission
Demand has been decreased pursuant to the
terms of the Agreement during the previous
11 billing months, such decrease will be
reflected in determining the Ratchet
Demand.
B. Billing Adjustments
Average Power Factor
The adjustment for average power factor, when
specified in a transmission rate schedule or in
the Agreement, shall be made in accordance
with the average power factor section of the
General Wheeling Provisions.
To maintain acceptable operating conditions on
the Federal system, BPA may restrict deliveries
of power at any time that the average leading
power factor or average lagging power factor
for all classes of power delivered to such point
or to such system is below 85 percent.
SECTION III. OTHER DEFINITIONS
Definitions of the terms below shall be applied to
these provisions and the Transmission Rate Sched-
ules, unless otherwise defined in the Agreement.
A. Agreement
An agreement between BPA and a customer to
which these rate schedules and provisions may
be applied.
B. Decremental Cost
As used in the MT rate schedule, Decremental
Cost is as defined in the WSPP Agreement.
C. Eastern Intertie
The segment of the FCRTS for which the trans-
mission facilities consist of the Townsend
Garrison double- circuit 500 kV transmission
line segment including related terminals at
Garrison.
D. Electric Power
Electric peaking capacity (kW) and /or electric
energy (kWh).
E. Federal Columbia River Transmission System
(FCRTS)
The transmission facilities of the Federal
Columbia River Power System (FCRPS), which
include all transmission facilities owned by the
Government and operated by BPA, and other
facilities over which BPA has obtained transmis-
sion rights.
F. Firm Transmission Service
Transmission service which BPA provides for any
non -BPA power except for transmission service
which is scheduled as nonfirm. If the firm serv-
ice is provided pursuant to the Agreement, the
terms of the Agreement may further define the
service.
G. Integrated Network
The segment of the FCRTS for which the trans-
mission facilities provide the bulk of transmis-
sion of electric power within the Pacific North-
west, excluding facilities not segmented to the
network in the Wholesale Power Rate Devel-
opment Study used in BPA's rate development.
H. Main Grid
As used in the FPT and IR rate schedules, that
portion of the Integrated Network with facilities
rated 230 kV and higher.
I. Main Grid Distance
As used in the FPT rate schedules, the distance
in airline miles on the Main Grid between the
POI and the POD, multiplied by 1.15.
15
Main Grid Interconnection Terminal
As used in the FPT rate schedules, Main Grid
terminal facilities that interconnect the FCRTS
with non -BPA facilities.
K. Main Grid Miscellaneous Facilities
As used in the FPT rate schedules, switching,
transformation, and other facilities of the Main
Grid not included in other components.
L Main Grid Terminal
As used in the FPT rate schedules, the Main Grid
terminal facilities located at the sending and /or
receiving end of a line exclusive of the Inter-
connection terminals.
M. Nonfirm Transmission Service
Interruptible transmission service which BPA
may provide for non -BPA power.
N. Northern Intertie
The segment of the FCRTS for which the trans-
mission facilities consist of two 500 kV lines
between Custer substation and the United
States Canadian border, one 500 kV line
between Custer and Monroe Substations, and
two 230 kV lines from Boundary substation to
the United States Canadian border, and the
associated substation facilities.
O. Point of Integration (P01)
Connection points between the FCRTS and
non -BPA facilities where non Federal power is
made available to BPA for wheeling.
P. Point of Delivery (POD)
Connection points between the FCRTS and
non -BPA facilities where non Federal power is
delivered to a customer by BPA.
Q. Secondary System
As used in the FPT and IR rate schedules, that
portion of the Integrated Network facilities with
operating voltage of 115 kV or 69 kV.
R. Secondary System Distance
As used in the FPT rate schedules, the number
of circuit miles of Secondary System transmis-
sion lines between the secondary POI or the
Main Grid and the POD or the lower voltage
FCRTS facilities which may be used on a use -of-
facility basis.
S. Secondary System Interconnection Terminal
As used in the FPT rate schedules, the terminal
facilities on the Secondary System that inter-
connect the FCRTS with non -BPA facilities.
I.
T. Secondary System Intermediate Terminal
As used in the FPT rate schedules, the first and
final terminal facilities in the Secondary System
transmission path exclusive of the Secondary
System Interconnection terminals.
U. Secondary Transformation
As used in the FPT rate schedules, transforma-
tion from Main Grid to Secondary System
facilities.
V. Southern Intertie
The segment of the FCRTS for which the major
transmission facilities consist of two 500 kV AC
lines from John Day Substation to the Oregon
California border, a portion of the 500 kV AC
line from Buckley Substation to Summer Lake
Substation, and one 1,000 kV DC line between
the Celilo Substation and the Oregon- Nevada
border, and associated substation facilities.
W. Transmission Service
As used in the MT rate schedule, Transmission
Service is as defined in the WSPP Agreement.
SECTION IV. BILLING INFORMATION
A. Payment of Bills
Bills for transmission service shall be rendered
monthly by BPA. Failure to receive a bill shall not
release the customer from liability for payment.
Bills for amounts due of $50,000 or more must
be paid by direct wire transfer; customers who
expect that their average monthly bill will not
exceed $50,000 and who expect special difficul-
ties in meeting this requirement may request,
and BPA may approve, an exemption from this
requirement. Bills for amounts due BPA under
$50,000 may be paid by direct wire transfer or
mailed to the Bonneville Power Administration,
P.O. Box 6040, Portland, Oregon 97228 -6040, or
to another location as directed by BPA. The
procedures to be followed in making direct
wire transfers will be provided by the Office of
Financial Management and updated as
necessary.
1. Computation of Bills
The transmission billing determinant is the
electric ower quantified by the method
specified in the Agreement or Transmission
Rate Schedule. Scheduled power or metered
power will be used.
The transmission customer shall provide
necessary information to BPA for any compu-
tation required to determine the proper
charges for use of the FCRTS, and shall
16
cooperate with BPA in the exchange of addi-
tional information which may be reasonably
useful for respective operations.
Demand and energy billings for transmission
service under each applicable rate schedule
shall be rounded to whole dollar amounts, by
eliminating any amount which is less than
50 cents and increasing any amounts from
50 cents through 99 cents to the next higher.
dollar.
2. Estimated Bills
At its option, BPA may elect to render an
estimated bill to be followed at a subsequent
billing date by a final bill. The estimated bill
shall have the validity of and be subject to the
same payment provisions as a final bill.
3. Due Date
Bills shall be due by close of business on the
20th day after the date of the bill (due date).
Should the 20th day be a Saturday, Sunday, or
holiday (as celebrated by the customer), the
due date shall be the next following business
day.
4. Late Payment
Bills not paid in full on or before close of
business on the due date shall be subject to a
penalty charge of $25. I n addition, an interest
charge of one twentieth percent (0.05 per-
cent) shall be applied each day to the sum of
the unpaid amount and the penalty charge.
This interest charge shall be assessed on a
daily basis until such time as the unpaid
amount and penalty charge are paid in full.
Remittances received by mail will be
accepted without assessment of the charges
referred to in the preceding paragraph pro-
vided the postmark indicates the payment
was mailed on or before the due date. When-
ever a power bill or a portion thereof remains
unpaid subsequent to the due date and after
giving 30 days advance notice in writing, BPA
may cancel the contract for service to the
customer. However, such cancellation shall
not affect the customer's liability for any
charges accrued prior thereto under such
agreement.
S. Disputed Billings
In the event of a disputed billing, full pay-
ment shall be rendered to BPA and the dis-
puted amount noted. Disputed amounts are
subject to the late payment provisions speci-
fied above. BPA shall separately account for
the disputed amount. If it is determined that the
customer is entitled to the disputed amount,
BPA shall refund the disputed amount with
interest, as determined by BPA's Office of
Financial Management.
BPA retains the right to verify, in a manner
satisfactory to the Administrator, all data
submitted to BPA for use in the calculation of
BPA's rates and corresponding rate adjust-
ments. BPA also retains the right to deny elig-
ibility for any BPA rate or corresponding rate
adjustment until all submitted data have
been accepted by BPA as complete, accurate,
and appropriate for the rate or adjustment
under consideration.
6. Revised Bills
At its option, BPA may render a revised bill. A
revised bill shall replace all previous bills
issued by BPA that pertain to a specified cus-
tomer for a specified billing period if the
amount of the revised bill is less than the
amount of the original bill. If the amount of
the revision causes an additional amount to
be due BPA beyond the original bill, a revised
bill will be issued for the ifference.
The date of the revised bill shall be deter-
mined as follows:
a. If the amount of the revised bill is equal to
or Tess than the amount of the bill which it
is replacing, the revised bill shall have the
same date as the replaced bill.
b. If the amount of the revised bill is greater
than the amount of the bill which it is
replacing, the date of the revised bill shall
be its date of issue.
17
GWP Form -4R (04- 15 -83)
GENERAL WHEELING PROVISIONS
Index to Sections
Section Page
GENERAL APPLICATION
1. Interpretation 2
2. Definitions 2
3. Prior Demands 4
4. Measurements 4
5. Measurements and' Installation of Meters 5
6. Tests of Metering Installations 5
7. Adjustment for Inaccurate Metering 5
8. Character of Service 6
9. Point(s) of Delivery and Delivery Voltage 6
10. Combining Deliveries Coincidentally 6
11. Suspension of Deliveries 6
12. Continuity of Service 6
13. Uncontrollable Forces 7
14. Reducing Charges for Interruptions 7
15. Net Billing 7
16. Average Power Factor 7
17. Permits 8
18. Ownership of Facilities 8
19. Adjustment for Change of Conditions 8
20. Dispute Resolution and Arbitration 9
21. Contract Work Hours and Safety Standards 10
22. Convict Labor 11
23. Equal Employment Opportunity 11
24. Additional Provisions 12
25. Reports 1
26. Assignment of Contract 12
27. Waiver of Default 13
28. Notices and Computation of Time 13
29. Interest of Member of Congress 13
APPLICABLE ONLY IF TRANSFEREE IS A PARTY TO THIS CONTRACT
30. Balancing Phase Demands 13
31. Adjustment for Unbalanced Phase Demands 13
32. Changes in Requirements or Characteristics 13
33. Inspection of Facilities 13
34. Electric Disturbances 15
35. Harmonic Control
APPLICABLE ONLY IF TRANSFEREE IS NOT A PARTY TO THIS CONTRACT
36. Protection of the Transferor
RELATING ONLY TO RURAL ELECTRIFICATION BORROWERS
37. Approval of Contract
APPLICABLE ONLY IF BONNEVILLE IS THE TRANSFEROR
38. Equitable Adjustment of Rates
15
15
15
GENERAL APPLICATION
1. Interpretation.
(a) The provisions in this exhibit shall be deemed to be a part of the
contract body to which they are an exhibit. If a provision in such contract
body is in conflict with a provision contained herein, the former shall
prevail.
(b) If a provision in the General Transmission Rate Schedule Provisions
1s in conflict with a provision in this exhibit or the contract body, this
exhibit or the contract body shall prevail.
(c) Nothing contained in this contract shall, in any manner, be construed
to abridge, limit, or deprive any party thereto of any means of enforcing any
reedy, either at law or in equity, for the breach of any of the provisions
thereof which it would otherwise have.
2. Definitions. As used in this contract:
(a) "Contractor," "Utility" or "Borrower" means the party to this
contract other than Bonneville.
(b•) "Federal System" or "Federal System Facilities" means the facilities
of the Federal Columbia River Power System, which for the purposes of this
contract shall be deemed to include the generating facilities of the
Government in the Pacific Northwest for which Bonneville is designated as
marketing agent; the facilities of the Government under the Jurisdiction of
Bonneville; and any other facilities:
(1) from which Bonneville receives all or a portion of the
generating capability (other than station service) for use in meeting
Bonneville's loads, such facilities being included only to the extent
Bonneville has the right to receive such capability; provided, however,
that Bonneville's loads" shall not include that portion of the loads of
any Bonneville customer which are served by a nonfederal generating
resource purchased or owned directly by such customer which may be
scheduled by Bonneville;
(2) which Bonneville may use under contract, or license; or
(3) to the extent of the rights acquired by Bonneville pursuant to
the Treaty, between the Government and Canada, relating to the cooperative
development of water resources of the Columbia River Basin, signed in
Washington, O.C., on January 17, 1961.
(c) "Integrated Demand" means the number of kilowatts which is equal to
the number of kilowatt -hours delivered at any point during a clock hour.
•(d) "Measured Demand" means the maximum Integrated Demand for a billing
month determined from measurements made as specified in the contract or as
determined in section 4 hereof when metering or other data are not available
for such purpose. Bonneville, in determining he Measured Demand, will
exclude any abnormal Integrated Demands due to, or resulting from
(a) emergencies or breakdowns on, or maintenance of, either parties'
facilities, and (b) emergencies on facilities of the Transferee, provided that
such facilities have been adequately maintained and prudently operated as
determined by Bonneville.
If the contract provides for delivery of more than one class of power to a
Transferee at any Point of Delivery, the portion of each Integrated Demand
assigned to any class of power shall be determined as specified in the
contract. The portion of the Integrated Demand so assigned shall constitute
the Measured Demand for such class of power.
(e) "Aionth' means the period commencing at the time when the meters
mentioned in this contract are read by Bonneville and ending approximately 30
days thereafter when a subsequent reading of such meters is made by Bonneville.
(f) "Point(s) of Delivery" means the point(s) of delivery listed either
in the Points of Delivery Exhibit to this contract or in the body of this
contract.
(g) "System" or "Facilities" means the transmission facilities:
(1) which are owned or controlled by either party, or (2) which either party
may use under lease, easement, or license.
(h) 'Transferee" means an entity which receives power or energy from the
system of the Transferor.
(i) "Transferor" means an entity which receives at one point on its
system a supplying entity's power or energy and makes such power or energy
available at another point on its system for the account of the delivering
entity or a third party.
(j) "Uncontrollable Forces" means:
(1) strikes or work stoppage affecting the operation of the
Contractor's works, system, or other physical facilities or of the Federal
System Facilities or the physical facilities of any Transferee upon which
such operation is completely dependent; the term "strikes or work
stoppage' shall be deemed to include threats of imminent strikes or work
stoppage which reasonably require a party or Transferee to restrict or
terminate its operations to prevent substantial loss.or damage to its
works, system, or other physical facilities; or
(2) such of the following events as the Contractor or Bonneville or
any Transferee by exercise of reasonable diligence and foresight, could
not reasonably have been expected to avoid:
(A) events, reasonably beyond the control of either party or
any Transferee, causing failure, damage, or destruction of any works,
system or facilities of such party or Transferee; the word "failure"
3
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 operation of, or which constitute an imminent threat of
damage to, any such works, system, or facilities; and
(C) orders and temporary or permanent injunctions which prevent
operation, in whole or in part, of the works, system, or facilities
of either party or any Transferee, and which are issued in any bona
fide proceeding by:
1. any duly constituted court of general jurisdiction; or
-fi. any administrative agency or officer, other than
Bonneville or its officers, provided by law (a) tf said party or
Transferee has no right to a review of the validity of such
order by a court of competent jurisdiction; or (b) if such order
is operative and effective unless suspended, set aside, or
annulled by a court of competent jusidiction and such order is
not suspended, set aside, or annulled in a judicial proceeding
prosecuted by said party or Transferee in good faith; provided,
however, that if such order is suspended, set aside, or annuiTed
'in sue 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 or Transferee, shall
not be required to prosecute such a proceeding, in order to have
the benefits of this section, if the parties agree that there is
no valid basis for contesting the order.
The term "operation" as used in this subsection shall be deemed
to include construction, if construction is required to implement the
contract and is specified therein.
3. Prior Demands.
(a) In determining any credit demand mentioned in, or money compensation
to be paid under this contract for any month, Integrated Demands at which
electric energy was delivered by the Transferor at Points of Delivery
mentioned herein for the account of the other party to this contract prior to
the date upon which the contract takes effect shall be considered in the same
manner as if this contract had been in effect.
(b) If either party has delivered electric power and energy to the other
party at any Point of Delivery specified in this contract or in any previous
contract, and such Point of Oelivery is superseded by another Point of
Delivery specified in this contract, the Measured Oemands, if any, at the
superseded Point of Delivery shall be considered for the purpose of
determining. the charges paid to the Transferor for the electric power and
energy delivered under this contract at such superseded point.
4. Measurements. Except as it is otherwise provided in section 7, each
measurement or eacn meter mentioned in this contract shall be the measurement
automatically recorded by such meter or, at the request of either party, the
measurement as mutually determined by the best available information.
If it is provided in this contract that measurements made by any of the
meters specified therein are to be adjusted for losses, such adjustments shall
be made by using factors, or by compensating the meters, as agreed upon by the
parties hereto. If changes in conditions occur which substantially affect any
such loss factor or compensation, it will be changed in a manner which will
conform to such change in conditions.
5. Measurements and Installation of Meters. Bonneville may at any time
install a meter or metering equipment to make the measurements for any Point
of Delivery required for any computation or determination mentioned in this
contract, and if so installed, such measurements shall be used thereafter in
such computation or determination.
6. Tests of Metering Installations. Each party to this contract shall,
at its expense, test its metering installations associated-with this contract
at least once every two years, and, if requested to do so by the other party,
shall make additional tests or inspections of such installations, the expense
of which shall be paid by such other party unless such additional tests or
inspections show the measurements of such installations to be inaccurate as
specified in section 7. Each party shall give reasonable notice of the time
when any such test or inspection is to be made to the other party who may have
representatives present at such test or inspection. Any component of such
installations found to be defective or inaccurate shall be adjusted, repaired
or replaced to provide accurate metering..
7. Adjustment for Inaccurate Metering,
(a) If any meter mentioned in this contract fails to register, or if the
measurement made by such meter during a test made as provided in section 6
varies by more than one percent from the measurement made by the standard
meter used in such test, or if an error in meter reading occurs, adjustment
shall be made correcting all measurements for the actual period during which
such inaacurate measurements were made, if such period can be determined. If
such period cannot be determined, the adjustment shall be made for the period
immediately preceding the test of such meter which is equal to the lesser of
(a) one -half the time from the date of the last preceding test of such meter,
or (b) six months. Such corrected measurements shall be used to recompute the
amounts of any electric power and energy to be made available, or any credits
to be made in any exchange energy account, and of any money compensation to be
paid to the Transferor as provided in this contract.
(b) If the credit theretofore made to the Transferor in the exchange
energy account varies from the credit to be made as recomputed, the amount of
the variance will be credited in such exchange energy account to the party
entitled thereto.
(c) If the money compensation theretofore paid to the Transferor varies
from the money compensation to be paid as recomputed, the amount of the
variance will be paid to the party entitled thereto after both parties have
agreed to such recomputation and within 30 days after receipt of invoice by
the designated payment office of the payer; provided, however, that the other
5
i
party may deduct such amount due it from any money compensation which
thereafter becomes due the Transferor under this contract.
8. Character of Service. Unless otherwise specifically provided for in
the contract,eiectric power and energy made available pursuant to this
contract shall be in the form of three -phase current, alternating at a nominal
frequency of 60 hertz.
9. Point(s) of Delivers and Delivery Voltage. Electric power and energy
shall be delivered to each Transferee at such point or points and at such
voltage or voltages as are agreed upon by the parties hereto.
10. Combining Deliveries Coincidentally. If it is provided in this
contract tnat cnarges tor electric power and energy made available at two or
more Points of Delivery will be made by combining deliveries at such points
coincidentally:
(a) the total Measured Demand to be considered in determining the billing
demand for each billing month shall be the largest sum obtained by adding for
each demand interval of such month the corresponding Integrated Demands of the
Transferee at all such points after adjusting said Integrated Demands as
appropriate to such points;
(b) the number of kilowathours to be used in the energy
charge, if any, and the average power factor at which electric energy is
delivered at such points under this contract, during such month, shall be the
sum of the amounts of electric energy delivered. at such points under this
contract during such month; and
(c) the number of reactive kilovolt -ampere-hours to be used in
determining such average monthly power factor shall be the sum of the reactive
kilovolt- ampere -hours delivered at such points under this contract such month.
11. Suspension of Deliveries. The other party to this contract may at
any time notfTy the transferor i n writing to suspend the deliveries of
electric power and energy provided for in this contract. Upon receipt of any
such notice, the Transferor will forthwith discontinue, and will not resume,
such deliveries until notified to do so by the other party, and upon receipt
of such notice from the other party to do so, will forthwith resume such
deliveries.
12. Continuity of Service. Either party may temporarily interrupt or
reduce deliveries dl power and energy if such party determines that
such interruption or reduction is necessary or desirable in case of system
emergencies, Uncontrollable Forces, or in order to install equipment in, make
repairs to, make replacements within, make investigations and inspections of,
or perform other maintenance work on its system. Except in case of emergency
and in order that each party's operations will not be unreasonably interfered
with, such party shall give notice to the other party of any such interruption
or reduction, the reason therefor, and the probable duration thereof to the
extent such party has knowledge thereof. Each party shall effect the use of
temporary facilities or equipment to minimize the effect of any such
interruption or outage to the extent reasonable or appropriate.
13. Uncontrollable Forces. Each party shall notify the other as soon as
possible or any OnconiFITTTFUTF Forces which may in any way affect the delivery
of power hereunder. In the'event the operations of either party are
interrupted or curtailed due to such Uncontrollable Forces, such party shall
exercise due diligence to reinstate such operations with reasonable dispatch.
14. Reducing Charges for Interruptio If deliveries of electric power
and energy to the lransferee are suspended, interrupted, interfered with or-
curtailed due to Uncontrollable Forces on either the Transferee's System or
Transferor's System, or if the Transferor interrupts or reduces deliveries to
the Transferee for any of the reasons stated in section 12 hereof, the credit
in the exchange energy account which would otherwise be made, or the money
compensation which would otherwise be paid to the Transferor, shall be
appropriately reduced. No interruption, or equivalent interruption, of less
than 30 minutes duration will be considered for computation of such reduction
in charges.
15. Net Billing. Upon mutual agreement of the parties, payment due one
party may be offset against payments due the other party under all contracts
between the parties hereto for the sale and exchange of electric power and
energy, use of transmission facilities, operation and maintenance of electric
facilities, lease of electric facilities, mutual supply of emergency and
standby electric power and energy, and under such other contracts between such
parties as the parties may agree, unless otherwise provided in existing
contracts between the parties. Under contracts included in this procedure,
all payments due one party in any month shalt be offset against payments due
the other party in such month, and the resulting net balance shall be paid to
the party in whose favor such balance exists unless the latter elects to have
such balance carried forward to be added to the payments due it in a
succeeding month.
16. Average Power Factor.
(a) The formula for determining average power factor is as follows:
Average Power Factor Kilowatthours
/(Kilowatthours)' (Reactive Kilovolt- ampere hours)'
The data used in the above formula shall be obtained from meters which are
ratcheted to prevent reverse registration.
(b) When delivery of electric power and energy by the Transferor at any
point is commingled with any other class or classes of power and it I s
impracticable to separately meter the kilowatthours and reactive
kilovolt- ampere -hours for each class, the average power factor of the total
delivery of such electric power and energy for the month will be used, where
applicable, as the power factor for each of the separate classes.
(c) Except as it is otherwise specifically provided in this contract, no
adjustment will be made for power factor at any point of delivery described in
this contract while the varhours delivered at such point are not measured.
7
(d) The Transferor may but shall not be obligated to, deliver electric
energy hereunder at a power factor of less than 0.85 leading or lagging.
17. Permits.
(a) If any equipment or facilities associated with any Point of Delivery
and belonging to a party to this contract are or are to be located on the
property of the other party, a permit to install, test, maintain, inspect,
replace, repair, and operate during the term of this contract and to remove
such equipment and facilities at the expiration of said term, together with
the right of entry to said property at all reasonable times in such term, is
hereby granted by the other party.
(b) Each party shall have the right at all reasonable times to enter the
property of the other party for the purpose of reading any and all meters
mentioned in this contract which are installed on such property.
(c) If either party is required or permitted to install, test, maintain,
inspect, replace, repair, remove, or operate equipment on the property of the
other, the owner of such property shall furnish the other party with accurate
drawings and wiring diagrams of associated equipment and facilities, or, if
such drawings or diagrams are not available, shall furnish accurate
information regarding such equipment or facilities. The owner of such
property shall notify the other party of any subsequent modification which may
affect the duties of the other party in regard to such equipment, and furnish
the other party with accurate revised drawings, if possible.
18. Ownership of Facilities.
(a) Except as otherwise expressly provided, ownership of any and all
equipment, and of all salvable facilities installed or previously installed by
a party to this contract on the property of the other party shall be and
remain in the installing party.
(b) Each party shall identify all movable equipment and all other
salvable facilities which are installed by such party on the property of the
other by permanently affixing thereto suitable markers plainly stating the
name of the owner of the equipment and facilities so identified. Within a
reasonable time subsequent to initial installation, and subsequent to any
modification of such installation, representatives of the parties shall
jointly prepare an itemized list of said movable equipment and facilities.
19. hljustment for Change of Conditions. If changes in conditions
hereafter occur wtTh substance ally affect any factor required by this
contract to be used in determining (a) any credit in any exchange energy
account to be made, money compensation to be paid, or amount of electric power
and energy or losses to be made available to one party by the other party, or
(b) any maximum replacement demand, or average power factor mentioned in this
contract, such factor will be changed in an equitable manner which will
conform to such changes of 'condi ti ons. If an increase in the capacity of the
facilities being used by the Transferor in making deliveries hereunder is
required at any time after execution of this contract to enable the Transferor
to make the deliveries herein required together with those required for its
own operations, the construction or installation of additional or other
8
equipment or facilities for that purpose shall be deemed to be a change of
conditions within the meaning of the preceding sentence.
If, pursuant to the terms of agreement establishing such exchange
energy account, another rate is substituted for the rate to be used in
settling the balance in such account, the number of kilowatthours to be
credited to the Transferor in such account for each month as provided in this
agreement, shall be changed for each month thereafter to the amount computed
by multiplying such number of kilowatthours by 2.5 mills and dividing the
resulting-product by the currently effective substituted rate in mills per
ki 1 owatthour.
20. Dispute Resolution and Arbitration.
(a) Pending resolution of a disputed matter the parties will continue
performance of their respective obligations pursuant to this contract. If the
parties cannot reach timely mutual agreement on any matter in the
administration of this contract Bonneville shall, unless otherwise
specifically provided for in subsection (b) below and, to the extent necessary
for its continued performance, make a determination of such matter without
prejudice to the rights of the other party. Such determination shall not
constitute a waiver of any other remedy belonging to the Contractor.
(b) The questions of fact stated below shall be subject to arbitration.
Other questions of fact under this contract may be submitted to arbitration
upon written mutual agreement of the parties. The party calling for
arbitration shall serve notice in writing upon the other party, setting forth
in detail the question or questions to be arbitrated and the arbitrator
appointed by such party. The other party shall, within 10 days after the
receipt of such notice, appoint a second arbitrator, and the two so appointed
shall choose and appoint a third. In case such other party fails to appoint
an arbitrator within said 10 days, or in case the two so appointed fail for
10 days to agree upon and appoint a third, the party calling for the
arbitration, upon 5 days' written notice delivered to the other party, shall
apply to the person who at the time shall be the presiding judge of the United
States Court of Appeals for the Ninth Circuit for appointment of the second
and third arbitrator, as the case may be.
The determination of the question or questions submitted for
arbitration shall be made by a majority of the arbitrators and shall be
binding on the parties. Each party shall pay for the services and expenses of
the arbitrator appointed by or for it, for its own attorney fees, and for
compensation for its witnesses or consultants. All other costs incurred in
connection with the arbitration shall be shared equally by the parties thereto.
The questions of fact to be determined as provided in this section
shall be limited to:
(1) the determination of the measurements to be made by the parties
hereto pursuant to section 4;
(2) the correction of the measurements to be made pursuant to
section 7;
9
(3) the duration of the interruption or equivalent interruption in
section 14;
(4) whether changes in conditions mentioned in section 19 have
dreurred;
(5) whether the changes mentioned in section 30 were made "promptly
(6) whether an increase or decrease in load or change in load factor
mentioned in section 32 is unusual;
(7) any issue which both parties agree is an issue of fact mentioned
in sections 30, 31, and 34;
(8) the occurrence of an abnormal nonrecurring demand and the amount
and time thereof;
(9) whether a party has complied with section 34(b); and
(10) the acceptable level of harmonics for purposes of section 35.
21. Contract Work Hours and Safety Standards.
This contract, if and to the extent required by applicable law and if
not otherwise exempted, is subject to the following provisions:
(a) Overtime Requirements. No Contractor or subcontractor contracting
for any part or the contract work which may require or involve the employment
of laborers or mechanics, shall require or permit any laborer or mechanic in
any workweek in which such worker is employed on such work to work in excess
of 8 hours in any calendar day or in excess of 40 hours in such workweek
unless such laborer or mechanic receives compensation at a rate not less than
one and one -half times such worker's basic rate of pay for all hours worked in
excess of eight hours in any calendar day or in excess of 40 hours in such
workweek, as the case may be.
(b) Violation; Liability for Unpaid Wages; Liquidated Damages. In the
event of any v� ti on of the provisions of subsecti on a), the ZEntractor and
any subcontractor responsible therefor shall be liable to any affected
employee for such employee's unpaid wages. In addition, such contractor and
subcontractor shall be liable to the Government for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer
or mechanic employed in violation of the provisions of subsection (a) in the
sum of *10 for each calendar day on which such employee was required or
permitted to be employed in such work in excess of eight hours or in excess of
such employee's standard workweek of 40 hours without payment of the overtime
wages required by subsection (a) above.
(c) Withholding for Unpaid Wages and Liquidated Damages. Bonneville may
withhold or cause to be withheld, from any moneys payable on account of work
performed by the Contractor or subcontractor, such sums as may
administratively be determined to be necessary to satisfy any liabilities of
such Contractor or subcontractor for unpaid wages and liquidated damages as
provided in subsection (b) above.
(d) Subcontracts. The Contractor shall insert in any subcontracts the
clauses set fortn in subsections (a) through (c) of this provision and also a
clause requiring the subcontractors to include these'clauses in any lower tier
subcontracts which they may enter into, together with a clause requiring this
insertion in any furthersubcontracts that may in turn be made.
(e) Records. The Contractor shall maintain payroll records containing
the information specified in 29 CFR 516.2(a). Such records shall be preserved
for 3 year from the completion,of the contract.
22. Convict Labor. In connection with the performance of work under this
contract, the Contractor agrees, if and to the extent required by applicable
law or if not otherwise exempted, not to employ any person undergoing sentence
of Imprisonment except as provided by Public Law 89 -176, September 10, 1965
(18 U.S.C. 4082(c)(2)) and Executive Order 11755, December 29, 1973.
23. Equal Employment 1nent Opportunity_. During the performance of this
contract, and to the extent required by applicable law or if nit otherwise
exempted, the Contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national
origin. The Contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, or national origin. Such action shall
include, but not be limited to, the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applfcants for employment,
notices to be provided by Bonneville setting forth the provisions of the Equal
Opportunity clause.
(b) The Contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to race,
color, religion, sex, or national origin.
(c) The Contractor will send to each labor union or representative of
workers with which said Contractor has a collective bargaining agreement or
other contract or understanding, a notice, to be provided by Bonneville,
advising the labor union or worker's representative of the Contractor's
commitments under this Equal Opportunity clause and shall post copies of the
notice in conspicuous places available to employees and applicants for
employment.
(d) The Contractor will comply with all provisions of Executive Order
No.•11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
(e) The Contractor will furnish all information and reports required by
Executive Order No. 11246 of September 24, 1965,4nd by the rules,
regulations, and relevant orders of the Secretary of Labor, or pursuant
11
thereto, and will permit access to said Contractor's books, records, and
accounts by Bonneville and the Secretary of Labor for purposes of
investigations to ascertain compliance with such rules, regulations, and
orders.
(f) In the event of the Contractor's noncompliance with the Equal
Opportunity clause of this contract or with any of such rules, regulations, or
orders, this contract may be cancelled, terminated, or suspended in whole or
in part and the Contractor may be declared ineligible for further Government
contracts in accordance with procedures authorized in Executive Order
No. 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order No. 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
(g) The Contractor will include the provisions of paragraphs (a) through
(f) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order No. 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The Contractor
will take such action with respect to any subcontract or purchase order as
Bonneville may direct as a means of enforcing such provisions, including
sanctions for noncompliance. In the event the Contractor becomes involved in,
or is threatened with, litigation with a subcontractor or vendor as a result
of such direction by Bonneville, the Contractor may request the.Government to
enter into such litigation to protect the interests of the Government.
24. Additional Provisions. The Contractor agrees to comply with the
clauses tor tovernment contracts contained in the following statutes,
Executive Orders, and regulations to the extent applicable:
(a) the Rehabilitation Act of 1973, Public Law 93 -112, as amended, and
41 CFR 60 -741 (affirmative action for handicapped workers);
(b) the Vietnam Era Veterans Readjustment Assistance Act of 1974, Public
Law 92 -540, as amended, and 41 CFR 60 -250 (affirmative action for disabled
veterans and veterans of the Vietnam era);
(c) Executive Order 11625 and 41 CFR 1- 1.1310 -2 (utilization of minority
business enterprises);
(d) the Small Business Act, as amended.
25. Reports. The other party to this contract will furnish Bonneville
such information as is necessary for making any computation required for the
purposes of this contract, and the parties will cooperate in exchanging such
additional information as may be reasonably useful for their respective
operations.
26. Assigqment of Contract. This contract shall inure to the benefit of,
and shall The o upon the respective successors and assigns of the parties
to this contract. Such contract or any interest therein shall not be
transferred or assigned by either party to any party other than the Government
or an agency thereof without the written consent of the other except as
12
specifically provided in this section. The consent of Bonneville is hereby
given to any security assignment or other like financing instrument which may
be required under terns of any mortgage, trust, security agreement or holder
of such instrument of indebtedness made by and between the Contractor and any
mortgagee, trustee, secured party, subsidiary of the Contractor or holder of
such instrument of indebtedness, as security for bonds of other indebtedness
of such Contractor, present or future; such mortagagee, trustee, secured
party, subsidiary, or holder may realize upon such security in foreclosure or
other suitable proceedings, and succeed to all right, title, and interests of
such Contractor.
27. Waiver of Default. Any waiver at any time by any party to this
contract omits rights with respect to any default of any other party thereto,
or with respect to any other matter arising in connection with such contract,
shall not be considered a waiver with respect to any subsequent default or
matter.
28. Notices and Computation of Time. Any notice required by this
contract to oe given to any party snail be effective when it is received by
such party, and in computing any period of time from such notice, such period
shall commence at 2400 hours on the date of receipt of such notice.
29. Interest of Member of Congress.
Congress, or Resident Commissioner shall
this contract or to any benefit that may
shall not be construed to extend to this
for its general benefit.
13
No Member of, or Delegate to
be admitted to any share or part of
arise therefrom, but this provision
contract if made with a-corporation
APPLICABLE ONLY IF TRANSFEREE IS A PARTY TO THIS CONTRACT
30. Balancing Phase Demands. If required by the Transferor at any time
during the term of this contract, the Transferee shall promptly make such
changes as are necessary on its system to balance the phase currents at any
Paint of Delivery so that the current of any one phase shall not exceed the
current on any-other phase at such point by more than 10 percent.
31. AdJustment for Unbalanced Phase Demands. If the Transferee fails to
promptly maze tne changes mentioned in section J0, the Transferor may, after
giving written notice one month in advance, determine that the Measured Demand
of the Transferee at the Point of Delivery in question during each month
thereafter, until such changes are made, is equal to the product obtained by
multiplying by three the largest of the Integrated Demands on any phase
adjusted as appropriate to such point during such month.
32. Changees in Requirements or Characteristics. The Transferee will,
whenever possible, give reasona5e notice tothe transferor of any unusual
increase or decrease of its demands for electric power and energy on the
Transferor's system, or of any unusual change in the load factor or-power
factor at which the Transferee will take delivery of electric power and energy
under this contract.
33. Inspection of Facilities. Each party may for any reasonable purpose
under this contract inspect tne other party's electric installation at any
reasonable time. Such inspection, or failure to inspect, shall not render
such party, its officers, agents, or employees, liable or responsible for any
injury, loss, damage, or accident resulting from defects in such electric
installation, or for violation of this contract. The inspecting party shall
observe written instructions and rules posted in facilities and such other
necessary instructions or standards for inspection as the parties agree to.
Only those electric installations used in complying with the teens of this
contract shall be subject to inspection.
34. Electric Disturbances.
(a) For the purposes of this section, an electric disturbance is any
sudden, unexpected, changed, or abnormal electric condition occurring in or on
an electric system which causes damage.
(b) Each party shall design, construct, operate, maintain and use its
electric system in conformance with accepted utility practices:
(1) to minimize electric disturbances such as, but ,ot limited to,
the abnormal flow of power which may damage or interfere with the electric
system of the other party or any electric system connected with such other
party's electric system; and
(2) to minimize the effect on its electric system and on its
customers of electric disturbances Originating on its own or another
electric system.
(c) If both parties to this contract are parties to the Western
Interconnected Electric System Agreement, their relationship with respect to
system damages shall be governed by that Agreement.
(d) During such time as a party to this contract is not a party to the
Agreement Limiting Liability Among Western Interconnected Systems, its
relations with the other party with respect to system damages shall be
governed by the following sentence, notwithstanding the fact that the other
party may be a party to said Agreement Limiting Liability Among Western
Interconnected Systems. A party to this contract shall not be liable to the
other party for damage to the other party's system or facilities caused by an
electric disturbance on the first party's system, whether or not such electric
disturbance is the result of negligence by the first party, if the other party
has failed to fulfill its obligations under subsection (b)(2) above.
(e) If one of the parties to this contract is not a party to the
Agreement Limiting Liability Among Western Interconnected Systems, each party
to this contract shall hold harmless and indemnify the other party, its
officers and employees, from any claims for loss, injury, or damage suffered
by those to whom the first party delivers power not for resale, which loss,
-injury or damage is caused by an electric disturbance on the other party's
system, whether or not such electric disturbance results from the negligence
of such other party, if such first party has failed to fulfill its obligations
under subsection (b4(2) above, and such failure contributed to the loss,
injury or damage.
14
(f) Nothing in this section shall be construed to create any duty to, any
standard of care with reference to, or any liability to any person not a party
to this contract.
35. Harmonic Control. Each party shall design, construct, operate,
maintain and use its electric facilities in accordance with good engineering
practices to reduce to acceptable levels the harmonic currents and voltages
which pass into the other party's facilities. Harmonic reductions shall be
accomplished with equipment which is specifically designed and permanently
operated and maintained as an integral part of the facilities of the party
which owns the system on which harmonics are generated.
APPLICABLE ONLY IF TRANSFEREE IS NOT A PARTY TO THIS CONTRACT
36. Protection of the Transferor. Protection is or will be afforded to
Bonneville or its Transferor under such of the following provisions and
conditions as are specified in each contract executed or to be executed by
Bonneville and each third party Transferee named in this contract: the power
factor clause of the applicable Bonneville Wholesale Rate Schedule and the
subject matter set forth in the General Contract Provisions under the
following titles, namely:
Adjustment for Unbalanced Phase Demands; Uncontrollable Forces;
Continuity of Service; Changes in Demands or Characteristics; Electric
Disturbances; Harmonic Control; Balancing Phase Demands; Permits; Ownership of
Facilities; and Inspection of Facilities.
RELATING TO RURAL ELECTRIFICATION ADMINISTRATION BORROWERS
37. Approval of Contract. If the Contractor borrows from the Rural
Electrification Administration or any other entity under an indenture which
requires the lender's approval of contracts, this contract and any amendment
thereto shall not be binding on the parties thereto if they are not approved
by the Rural Electrification Administration or such other entity. The
Contractor shall notify Bonneville of any such entity. If approval is given,
such contract or amendment shall be effective at the time stated therein.
APPLICABLE ONLY IF BONNEVILLE IS THE TRANSFEROR
38. Equitable Adjustment of Rates.
(a) Bonneville shall establish, periodically review and revise rates for
the wheeling of electric power and /or energy pursuant to the terms of this
contract. Such rates shall be established in accordance with applicable law.
(b) As used in this section, the words "Rate Adjustment Date" shall mean
any date specified by Bonneville in a notice of intent to file revised rates
as published in the Federal Register; provided, however, that such date shall
not occur sooner than (1) nine months 'mom EMI date that such notice of intent
is published; or (2) twelve months from any previous Rate Adjustment Date. By
giving written notice to the Contractor 45 days prior to such Rate Adjustment
Date, Bonneville may delay such Rate Adjustment Date for up to 90 days if
Bonneville determlines either that the revenue level of the proposed rates
IC
differs by more than five percent from the revenue requirements indicated by
most recent repayment studies entered in the hearings record or that external
events beyond Bonneville's control will prevent Bonneville from meeting such
Rate Adjustment Date. Bonneville may cancel a notice of intent to file
revised rates at any time (1) by written notice to the Contractor; or (2) by
publishing in the Federal Register a new notice of intent to file revised
rates which specifically cancels a previous notice.
(c) The Contractor shall pay Bonneville for the service made available
under this contract during the period commencing on each Rate Adjustment Date
and ending at the beginning of the next Rate Adjustment Date at the rate
specified in any rate schedule available at the beginning of such period for
service of the class, quality, and type provided for in this contract, and in
accordance with the terms thereof, and of the General Transmission Rate
Schedule Provisions, if any, as changed with, incorporated in or referred to
in such rate schedule. New rates shall not be effective on any Rate
Adjustment Date unless they have been approved on a final or interim basis by
a governmental agency designated by law to approve Bonneville's rates. Rates
shall be applied in accordance with the terms thereof, the General
Transmission Rate Schedule Provisions as changed with, incorporated in or
referred to in such rate schedule and the terms of this contract.
(WP PIGl -0222f
16
I
A. Points of Interconnection. Points of Delivery. Transmission Demands.
Use -of- Facilities Charges. and Resources.
Approved Point Use -of- Resource(s)
of Interconnection Transmission Facilities to be
(Voltage) Demand Charge Integrated
Government'
Port Angeles
Substation 69 kV
Bay 26
Approved Point
of Delivery
Government's
Port Angeles
Substation 69 kV
Bay 23
1/ Composite UFT charge based on Bay's 23 and 26.
(VS6- PMT- 0758e)
Transmission Parameters
Exhibit C, Page 1 of 2
Contract No. DE- MS79- 88BP92315
Morse Creek Hydro Project
Effective at 2400 hours on the
Effective Date of this Agreement
485 kW $.070 /kW -mo 1/ Morse Creek
8. Calculation of Charges Pursuant to the UFT -83 Rate Schedule:
Facility
Government's
Port Angeles $160,631
Substation 69 kV
Bay 26
Bay 23
I&A 2/ I&A O&M 1/ Sum of 1/
Annual Annual Annual Non Coincidental (Sponsor)
Investment Cost Ratio Cost Cost Demand S /kW /vr. Demand I/
$152.752 9.24%
9.24% $14,842 5,377 35,085 kW
$14,114 5,377 74,585 kW
Exhibit C, Page 2 of 2
Contract No. DE- MS79- 88BP92315
Morse Creek Hydro Project
Effective at 2400 hours on
September 30, 1988
0.58 485 kW
0.26 485 kW
Total UFT Charge $0.840 /kW -yr. 4/
$0.070 /kW -mo.
.1] 0&M charge based on low voltage terminal in 5 -1 -88 ACR table.
2/ Taken from 5 -1 -88 ACR table.
2/ J88 peak loads from Clallam (33.5) Eastern Morse Creek plus Port Angeles City 53.86 1 2.
The City was prorated based upon J87 bill.
4/ Unit Charge jI&A Annual Cost) 0&M Annual Cost /kW yr.
Sum of Non Coincidental Demands
Monthly Charge SS /kW vr) Sponsor Demand) /mo.
12 months
5/ Ratchets shall be handled in accordance with section 5(c).
(VS6- PMT- 0758e)
Description of Project, Point of Interconnection, and Points of Delivery
1. MORSE CREEK HYDRO PROJECT
(VS6- PMT- 0758e)
Location: the project is located in the NW 1/4 of Section 29, T30N,
R5W, Willamette Meridian, Clallam County, Washington; approximately
3 miles east of Port Angeles and 1 -1/2 to 2 miles south of state
route 101 and primarily east of Glass Road;
Demand: 485 kW;
Voltage: 12.5 kV;
Metering: in the City's powerhouse, in the 480 volt circuit over
which such electric power and energy flows;
Adjustments: there shall be an adjustment for transformation losses
between the Project point of metering and the high side of the
Project transformer.
2. MORSE CREEK POINT OF INTERCONNECTION
Location: A point on the Utility's distribution line approximately
one half mile from the Morse Creek Hydro Project at the junction of
Glass and Boyd Roads where the distribution lines of the Utility and
the line from the City's Project interconnect;
Voltage: 12.5 kV;
Adjustments: there shall be an adjustment for transmission losses
between the Morse Creek Hydro Project and the Morse Creek Point of
Interconnection.
3. PORT ANGELES POINT OF INTERCONNECTION
Voltages: 69 kV;
Exhibit D, Page 1 of 2
Contract No. DE- MS79- 88BP92315
Morse Creek Hydro Project
Effective at 2400 hours on the
Effective Date of this Agreement
Location: the point in Bay 26 (Clallam Co. PUD's Feeder No. 1) in
the Government's Port Angeles Substation where the 69 kV facilities
of the Utility and the Government are connected;
Metering: in the Government's Port Angeles Substation in the 69 kV
circuit over which such electric power and energy flows;
Adjustments: there shall be an adjustment for distribution losses
between the Utility's Morse Creek Point of Interconnection and the
Government's Port Angeles Point of Interconnection.
4. PORT ANGELES POINT OF DELIVERY
Location: the point in Bay 23 (Port Angeles Feeder No. 1) in the
Government's Port Angeles Substation where the 69 kV facilities of
the City and the Government are connected;
Voltaaes: 69 kV;
Metering: in the Government's Port Angeles Substation in the 69 kV
circuit over which such electric power and energy flows;
Adjustments: there shall be no adjustment for losses between the
Point of Interconnection and the Point of Delivery.
(VS6- PMT- 0758e)
Exhibit D, Page 2 of 2
Contract No. DE- MS79- 88BP92315
Morse Creek Hydro Project
Effective at 2400 hours on the
Effective Date of this Agreement
(VS6- PMT- 0758e)
Loss Factors
Exhibit E, Page 1 of 1
Contract No. DE- MS79- 88BP92315
Morse Creek Hydro Project
Effective at 2400 hours on the
Effective Date of this Agreement
The losses specified in Exhibit D under Points of Interconnection and Points
of Delivery shall consist of two components. The first is the transformation
and transmission losses from the Project to the Morse Creek Point of
Interconnection, and the second is the transmission and transformation losses
from the Morse Creek Point of Interconnection to the Port Angeles Point of
Interconnection. No losses shall be applied between the Port Angeles Point of
Interconnection and the Port Angeles Point of Delivery as specified in Exhibit
D. The losses between the Project Point of Metering and the Port Angeles
Point of Interconnection shall be submitted to the City and the Utility by
Bonneville by separate letter. The revision of these losses shall be as
specified in section 7(c).
Resource service charges shall be incorporated into Exhibit F as developed by
Bonneville according to section 7(d) of this agreement. As of the Effective
Date of this Agreement, the Resource service charge is zero.
(VS6- PMT- 0758e)
Resource Services
Exhibit F, Page 1 of 1
Contract No. DE- MS79- 88BP92315
Morse Creek Hydro
Effective at 2400 hours on the
Effective Date of this Agreement
IA-
TRANSMISSION AGREEMENT FOR
MORSE CREEK HYDROELECTRIC PROJECT
BETWEEN
THE CITY OF PORT ANGELES
AND
PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY
THIS AGREEMENT is by and between the City of Port Angeles, hereinafter
referred to as "City and Public Utility District No. 1 of Clallam County,
-hereinafter referred to as "District municipal corporations organized and
existing under the laws of the State of Washington;
WITNESSETH:
WHEREAS, the City is constructing the Morse Creek Hydroelectric Project,
hereinafter referred to as "Project and
WHEREAS, the District is willing to provide firm electric transmission
capacity on its distribution facilities for the transmission of power from the
Project to the District's point of interconnection with the Bonneville Power
Administration, hereinafter referred to as "Bonneville in Bonneville's Port
Angeles Substation; and
WHEREAS, the City is willing to provide firm water transmission capacity on
its water transmission line for wheeling the District's water from the City's
diversion to the District's water treatment plant; and
WHEREAS, the City, District, and United States of America, Department of
Energy, acting by and through Bonneville will enter into an agreement concerning
the Morse Creek Hydroelectric Project, hereinafter referred to as Exhibit "A
and
WHEREAS, it is the intent of both parties to minimize costs that occur with
performing the services associated with implementing this agreement; and
-1- LI0060 [2]
Whereas, the District has provided electrical transmission on its
distribution facilities for the transmission of power from the Project to the
District's point of interconnection for the City on an interim basis pending
execution of this Agreement;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Purpose. The District will transmit electrical energy for the City
and the City will wheel water for the District as provided for herein. The
.parties have determined that the exchange of services hereunder have equivalent
value at the present time.
2. Term.
a) This Agreement shall be effective commencing at 2400 hours on the
date of execution and shall continue for twenty (20) years.
b) Upon completion of five (5) years and every five (5) years
thereafter, and also if any part of this Agreement is finally adjudicated as
being invalid or unenforceable, the parties agree to cooperatively review
operating experience in order to identify inequities, if any. Said review shall
be completed within three (3) months; if the parties agree, each party shall
then implement corrective and /or mitigating action on jointly identified
problems within one (1) year.
However, if the parties cannot agree (1) that there are inequi-
ties, or (2) on the method of implementing mitigation, then either party may
make written demand for arbitration which shall be done as follows:
Each party shall select an arbitrator within twenty (20) days of
the written notice. The arbitrators shall meet and select a third arbitrator
within thirty (30) days of the written notice. If the arbitrators cannot agree
on the third arbitrator, either party may apply to the Superior Court of Clallam
County requesting the Superior Court to select an arbitrator. Within fifteen
(15) days of the selection of the third arbitrator, the arbitrators shall meet
and conduct a hearing and take evidence from both parties. They shall determine
-2- LI0060[2]
from all of the evidence (1) whether or not the relative obligations under the
contract are or have become inequitable, and if they have, (2) the nature and
extent of the mitigation. Each party shall pay the cost of its own arbitrator
and one -half the costs of the third. The award of the arbitration panel shall
be final.
c) Upon termination of either the City's Hydroelectric Project or
the District's water treatment plant, the owner of the terminated facility may
terminate this Agreement if twelve (12) months' written notice has been given to
the other party.
d) Either party shall have an option to extend this Agreement for an
additional twenty (20) years under the same terms and conditions as this Agree-
ment or any modifications of it as provided for herein, so long as the party
requesting the extension has cured any of its defaults that may have occurred.
3. Transmission of Electric Power and Energy
a) For each hour during the term hereof, the District shall make
available to Bonneville at the District's point of interconnection, as described
in Exhibit "A" (Contract No. DE- MS79- 88BP92315 as amended, extended or replaced),
which will be attached to this Agreement when in final form and executed by all
parties, for the account of the City, the amounts of electric energy generated
at the Project, less system losses. The District will not be required to
provide such energy under the conditions described in Sections 7 and 8 herein.
b) (1) The District agrees that it will schedule for the months of
September and October planned routine operations and maintenance that would
prevent it from making delivery at the District's point of interconnection and
give forty -eight hours notice thereof to the City.
(2) The City agrees that the District may, for emergencies,
choose not to make delivery at the District's point of interconnection outside
the months of September and October. If the District exercises this option, it
shall give the City notice thereof with the reason therefor. Upon such notice,
the City will attempt to make other wheeling arrangements satisfactory to the
-3- LI0060 [2]
City and the District. If such arrangements cannot be made, the City's
obligation to wheel water is suspended 24 hours after interruption until such
time as delivery at the District's point of interconnection is resumed.
c) Wheeling charges or other fees related to the transmission of
Project output, from the Project powerhouse to Bonneville's Port Angeles
Substation, will not be charged to the City by the District while this Agreement
is in effect, except as changed per Section 2(b).
d) The City will construct and maintain an underground power line
from the powerhouse to the junction of the Boyd and Glass Roads where it will
interconnect with the distribution facilities of the District. The District
shall upgrade to three phase its existing electric power line from the point of
interconnection at the corner of Glass and Boyd Roads to that point on the Mount
Pleasant Road where the existing three phase facilities terminate. The City
will reimburse the District for the cost of the upgrade at that cost but not to
exceed $25,000. The City will own and maintain the underground cable and inter-
connection switch. Ownership, maintenance, and operation of the overhead line
are the responsibility of the District.
4. Meter Reading and Billing
a) The City shall install a recording meter at the Project power-
house. Meters installed at the Project shall have telecommunication to Bonne
ville's remote metering system. Pursuant to Exhibit "A Bonneville will adjust
the computations for the District's and the City's Port Angeles delivery points
by the corresponding energy and hourly capacity output, as detailed in that
agreement.
b) The City will provide space and metering pulses in the Powerhouse
for the District to meter the Project output.
5. Transmission of Water
a) The District will amend the point of withdrawal for its water
right from Morse Creek to include the City's Morse Creek diversion site, herein-
after referred to as "Diversion Site The City shall wheel up to 11 CFS of
-4- LI0060[2]
water at no charge from the Diversion Site to the District's existing water
treatment plant; provided that in no event shall the District withdraw more than
11 CFS. After initial installation, no modifications or changes to the
District's pipes, valves or pump which connect to the City's main will be made
that would increase the District's capability to withdraw water without prior
written City approval. The City may inspect the District's water treatment
plant and plant records, upon request, to verify this limit.
b) The City shall furnish and install a 24" butterfly valve and tap
with an 8" gate valve on its water transmission line near the District's water
treatment plant. The District will reimburse the City for the cost of installa-
tion of the valves and the tap. The City will own and maintain the butterfly
valve, tap and 8" gate valve. The District will own and maintain the water pipe
connected to the gate valve.
c) The City shall continue to wheel 11 CFS of water at no charge in
the event the Project powerhouse is not in operation, except as provided in the
Project's FERC license, or Sections 7 and 8 herein, or as modified by Section 2.
6. Provision of Electric Service.
a) Electric service at the City's Diversion Site will be metered and
billed in accordance with the District's rate schedule for like service to other
customers.
b) Electric service at the Project powerhouse will be provided by
the Project generation when operating and by the District when the Project is
shut down. In consideration of the obligations of this Agreement, the District
will not charge the City for energy provided by the District when the Project's
generator is not operating.
7. Maintenance of Facilities and Liability
a) Each party, at its expense, will maintain its facilities used
under this Agreement in accordance with prudent utility practice and will keep
such facilities in continuing good operating condition, except as provided
elsewhere in this Agreement; provided, however, that neither party shall be
-5- LI0060[2]
liable to the other hereunder for any interruption, suspension, curtailment, or
fluctuation in the power and energy or water to be transferred hereunder (1)
caused by the necessity of making repairs or changes in facilities used for such
transfer, or (2) by reason of any cause beyond either party's reasonable con-
trol, including but not limited to the following: fire, ice, flood, winds,
earthquakes, volcanoes, acts of the elements, court orders, insurrections or
riots, generation failures, breakdown of or damage to facilities of the parties
or of third parties, acts of God or War or public enemy, strikes or other labor
disputes, civil, military or governmental authority.
b) In the event of blockage at the Diversion Site such that water
cannot be wheeled without continuing expenditures of labor, material and /or
equipment cost, the City may, after twenty -four (24) continuous hours of such
expenditures exercise the option to shut down the Diversion Site unless the
District provides the necessary labor, equipment, material, or financial assis-
tance to keep the Diversion Site clear and operational. This option may only be
exercised if such continuing expenditures make the project generation not cost
effective to the City as determined by the City.
c) Attached to this Agreement, and incorporated herein as Exhibit "B
are operating procedures (two pages) and drawings (two pages) which show the
facilities owned and operated by the City and the facilities owned and operated
by the District as relate to this Agreement. The parties shall operate their
respective facilities in accordance with Exhibit "B
d) The City will design and operate the Project's electrical genera-
tion output and deliver it to the District in such a manner that no electrical
degradation or disturbance to the District's system shall occur and further, the
energy delivered will conform with paragraph 4(a) of Exhibit "A
e) The parties are not joint tenants, partners, joint operators, or
joint venturers. Neither party is empowered to act as agent for the other.
-6- LI0060[2)
8. Emergency Suspension
It is understood and agreed that, in the event either party determines
that an emergency exists requiring full capacity of its own water or electric
facilities, that party may send written notice of such emergency to the other
party. Upon sending such a notice, this Agreement shall be suspended until such
time as the emergency has ended. The emergency must have the element of an
unexpected and unplanned -for event; provided that the temporary loss or failure
of the Elwha water supply system shall constitute an unexpected, unforeseeable
circumstance under this section. Normal growth in demand, usage, or customers
.shall not constitute an emergency. Invocation of this paragraph shall not
constitute a breach of the contract and all remaining agreements under the
contract shall continue in full force and effect after the period of suspension.
9. Liability for Negligent Conduct
Each party to this Agreement hereby agrees to waive any claim, and to
hold the other harmless, for any damage or injury suffered by it, which is not
the result of the sole negligence of the other party. However, liability for
injuries to third persons and their property shall be apportioned on the basis
of the relative fault of the contracting party. The right of contribution is
preserved under these circumstances and may be enforced by separate action.
This Agreement may be enforced by action at law and for specific performance if
the court deems such relief to be appropriate.
10. Integration and Amendments
This Agreement, Exhibit "A" referred to in Sections 3(a), 4(a) and
7(d), and Exhibit "B referred to in Section 7(c), constitute the entire
agreement between the parties. No oral agreement or prior written agreement
between the parties shall be of any effect whatsoever; provided, however, that
any amendments agreed upon in writing by the parties and consistent with this
Agreement shall be binding upon the parties. All amendments to this Agreement
and to exhibits hereto shall be in writing and signed by an authorized repre-
sentative of each party.
-7- LI0060[2]
11. Non waiver
None of the provisions of this Agreement shall be considered waived by
either party, except when such waiver is given in writing. The failure of
either party to insist in any one or more instances upon strict performance of
any of the provisions of this Agreement or to take advantage of any of its
rights hereunder shall not be construed as a waiver of any such provisions or
the relinquishment of any such rights for the future, but the same shall con-
tinue and remain in full force and effect.
12. Successors and Assigns
a) This Agreement shall be binding upon and provide benefits to the
respective successors and assigns of the parties.
b) No assignment of this Agreement or any part thereof by either
party shall be valid, unless approved in writing in advance by the other party
and until the obligations so assigned have been assumed by the assignee. Such
approvals of assignment shall not be unreasonably withheld.
13. Effect of Section Headings
Section headings appearing in this Agreement are inserted for con-
venience only and shall not be construed as interpretation of text.
14. Governing Law
This Agreement shall be interpreted, governed, and construed under the
laws of the State of Washington, as if executed and to be performed wholly
within the State of Washington.
15. Validity of Contract
In the event any section, sentence, clause, phrase, or exhibit of this
Agreement shall be adjudicated by a court of last resort and of competent juris-
diction to be invalid or illegal, the remainder of this Agreement shall be unaf-
fected by such adjudication, and all other provisions of this Agreement shall
remain in full force and effect as though the section, sentence, clause, phrase,
or Exhibit so adjudicated to be invalid had not been included herein.
-8- LI0060[2}
16. Notices
Any notice, or other communication required under this Agreement shall
be effective from the date received by the party to whom it is given. Except as
otherwise specifically provided herein, any notice from one party to the other
shall be given to the following designees, or to such others as may be herin-
after designated by either party:
ATTEST:
BY:
TITLE:
ATTEST:
BY:
TITLE:
The City of Port Angeles
City Light Department
P.O. Box 1150, 240 W. Front
Port Angeles, WA 98362
Attn: City Light Director
17. The parties hereto acknowledge that the District has provided electric
transmission over its distribution fcilities for the transmission of power from
the Project to the District's point of interconnection commencing at 2400 hours
June 11, 1987, and continuing until the effective date of this Agreement.
Payment, or like arrangements for this service, has been made in full.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
Superintendent
City Clark
P.U.D. No. 1 of Clallam County
P.O. Box 1117, 2419 Highway 101 E.
Port Angeles, WA 98362
Attn: Manager
P.U.D. No. 1 of Clallam County
BY:
TITLE: Manager
DATE: FPhrnary 7 l
City of Port Angeles
BY:
TITLE:
DATE:
BY:
DATE:
Mayor
February 2, 1988
TITLE: City Light Director
February 2, 1988
-9- LI0060[2]
11. Execution in Counterpart. This agreement may be executed
in any number of counterparts in which case all such counterparts
shall be deemed to constitute a single document with the same force
and effect as if all parties hereto having signed a counterpart
had signed all other counterparts. The agreement shall become
effective in accordance with section 1.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement in several counterparts.
By
Date
CLALLAM COUNTY PUD ATTEST:
By By
Title Title
Date Date
CITY OF PORT ANGELES ATTEST:
By By
Title Title
Date Date
(VS6- PMT- 0758e)
10
UNITED STATES OF AMERICA
Department of Energy
Bonneville Power Administrtion
CITY LiGHO
February 4, 1988
George Reich
Bonneville Power Administration
P.O. Box 3621
Portland, OR 97208
Dear George:
CITY OF PORT ANGELES
240 WEST FRONT ST P 0 BOX 1150 PORT ANGELES, WASHINGTON 98362
PHONE (206) 457 -0411
Attached find an authenticated copy of the City Council minutes of
February 2nd, 1988 that authorize the City Light Director, Robert
Orton to sign the City of Port Angeles /Clallam County PUD Morse Creek
Transmission Agreement. Also find attached an authenticated copy
of the City /PUD Morse Creek Transmission Agreement.
There are two originals of this contract one in the City Clerk's
Office and the other I hand delivered to Clallam County PUD. Should
Bonneville require an authenticated copy of the minutes of the PUD
Commission meeting that authorize their signature, please contact
Mike McInnis at Clallam County PUD.
I look forward to receiving three originals of the City /BPA /PUD Morse
Creek Transmission Agreement in the near future. Please note the
attached authenticated copy of the Council minutes also authorizes
the City Light Director to sign the City /BPA /PUD Agreement. After
the City signs the final agremeent I will transmit them to Clallam
County PUD for their signature and return to Bonneville for the Admin-
istrator's signature. Bonneville will then send one original to
Clallam County PUD and one to the City of Port Angeles.
Thank you for your coopertion in this matter both now and in the
past.
Very truly yours,
es'5 dow
Richard French
Morse Creek Project Manager
Engineering Operations Manager
RF /dp
cc: Rob Orton, City Light Director
Mike McInnis, Clallam PUD
Attachments: (2)
5,2i'1
STATE OF WASHINGTON
ss
County of Clallam
I, the undersigned City Clerk of the City of Port Angeles, Washington,
do hereby certify that the hereto attached
"City Council Meeting Minutes of February 2, 1988
and
Transmission Agreement for the Morse Creek Hydroelectric
Project between the City of Port Angeles and Public Utility
District No. 1 of Clallam County"
is a true and correct copy of the document (s) indicated above.
WITNESS my hand and official seal this
18th day of
February
1988
n o 1C; J
Acting City Clerk of the City of Port Angeles,
Washington
STATE OF WASHINGTON
ss
County of Clallam
I, the undersigned City Clerk of the City of Port Angeles, Washington,
do hereby certify that the hereto attached
signature g page for Transmission Agreement for the Morse
Creek Hydroelectric Project between the City of Port
Angeles and Public Utility District No. 1 of Clallam
County
is a true and correct copy of the document (s) indicated above.
WITNESS my hand and official seal this 25th day of
February
19 88.
City Clerk of the City of Port Angeles,
Washington
Contract No. DE- MS79- 88BP92315
oR dipr
TRANSMISSION AGREEMENT
executed by the
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
acting by and through the
BONNEVILLE POWER ADMINISTRATION
and
CLALLAM COUNTY PUD
and
CITY OF PORT ANGELES
MORSE CREEK HYDRO PROJECT
Index to Sections
01/05/88 5 2,
Section Page
1. Term of Agreement 3
2. Definition and Explanation of Terms 3
3. Exhibits; Interpretations 4
4. Transmission of Electric Power and Energy 4
5. Payment Provisions 6
6. Termination of Agreement and Charges 6
7. Revision of Exhibits 8
8. Reactive Power 9
9. Metering Equipment 9
10. Several Obligations 10
11. Execution in Counterpart 10
Section Page--
Exhibit A (Transmission Rate Schedules and Y 1
General Transmission Rate Schedule Provisions) 4
Exhibit B (General Wheeling Provisions [GWP Form -4R]) 4
Exhibit C (Transmission Parameters) 4
Exhibit D (Project, Point of Interconnection, Point of Delivery) 4
Exhibit E (Loss Factors) 4
Exhibit F (Resource Services) 4
This TRANSMISSION AGREEMENT, executed 19_, by the
UNITED STATES OF AMERICA (Government), Depart t4itirgy, acting by and
through the BONNEVILLE POWER ADMINISTRATION (Bonneville), CLALLAM COUNTY PUD
(Utility), a Public Utility District of the State of Washington, and the CITY
OF PORT ANGELES (CITY), a municipality of the State of Washington;
W I T N E S S E T H
WHEREAS the Utility and the City have entered into, or intend to enter
into, an agreement whereby the Utility will provide firm capacity in its
transmission or distribution system facilities for the transmission of
electric power generated at the Morse Creek Hydro Project (Project), and for
interconnection of the Project to the facilities of the Utility
(Interconnection Agreement); and
WHEREAS the Utility and Bonneville have agreed to provide firm capacity on
their transmission or distribution facilities for the transmission of power
from the Project to the City; and
WHEREAS the City owns the Project and the transmission service occurs over
the Utility's and Bonneville's facilities for delivery to the City; and
WHEREAS the load which is served hereunder at the Point of Interconnection
2
and the Point of Delivery is in the control area of Bonneville; and
WHEREAS Bonneville is authorized pursuant to law to dispose of electric
power generated at various Federal hydroelectric projects in the Pacific
Northwest, or acquired from other resources, to construct and operate
transmission facilities, to provide transmission and other services, and to
enter into agreements to carry out such authority;
NOW, THEREFORE, the parties hereto mutually agree as follows:
3
1. Term of Agreement. This agreement shall be effective cdMmeticingat
2400 hours on the date Bonneville has signed all original counterparts of
agreement (Effective Date), and unless terminated earlier pursuant to the
terms of this Agreement, shall continue until 2400 hours on January 31, 2008.
All obligations incurred hereunder shall continue until satisfied.
Upon expiration of this agreement, Bonneville shall offer to extend
transmission services provided hereunder, subject to the terms and conditions
consistent with the then prevailing Bonneville rates, policy, and Federal
Columbia River Transmission System (FCRTS) conditions.
2. Definition and Explanation of Terms.
(a) "Electric Power" or "power" means electric peaking capacity,
expressed in kilowatts, or electric energy expressed in kilowatthours, or both.
(b) "Point of Delivery" means the point of delivery, described in
Exhibit D, where electric power and energy are delivered to the City by
Bonneville.
(c) "Point of Interconnection" means the point described in Exhibit D
where the project output will be made available by the Utility to Bonneville.
(d) "Project" means the City's Morse Creek Hydro Project facility,
described in Exhibit D, consisting of the site and generating units, and
related transformation and transmission facilities.
(e) "Transmission Demand" means the amount specified in Exhibit C,
expressed in kilowatts, which is the maximum hourly amount of electric energy
to be made available to the City under this agreement at the Point of Delivery.
(f) "Use -of- Facilities Charge" means the charge specified in Exhibit C,
which is the monthly charge per kilowatt of Transmission Demand for the Point
of Delivery; such charge has been calculated pursuant to the provisions of
Exhibit A.
3. Exhibits; Interpretations. The rights and obligations of the parties
with respect to provisions hereunder shall be subject to and governed by this
agreement, including Exhibits A through F (Exhibits) attached hereto and by
this reference made a part of this agreement. The provisions of section 38 of
the General Wheeling Provisions [GWP Form -4R], Exhibit B, requires a minimum
notice prior to a Rate Adjustment Date. If the rates are disapproved or
conditions are placed on them by the agency authorized to approve Bonneville's
transmission rates (Agency) or by any judicial interpretation of legislation
by a court with jurisdiction over Bonneville, Bonneville shall not be required
to give the minimum notice prior to resubmitting the rates to the Agency or
implementing the Agency approved rates. The headings used in this agreement
are for convenient reference only, and shall not affect the interpretation of
this agreement. The City shall be the "Transferee" and the Utility and
Bonneville shall be the "Transferor" referred to in the General Wheeling
Provisions Exhibit.
4. Transmission of Electric Power and Energy.
(a) Before power shall be made available to the City, all equipment and
facilities needed for safe and reliable interconnection to Bonneville's
facilities shall be installed by the City and in operation as approved by
Bonneville.
If at any time during the term of this agreement the existence of Project
generation creates disturbances on or otherwise degrades the integrity of the
Federal Columbia River Transmission System (FCRTS), Bonneville may interrupt
transmission services and require the to install, or have installed at
the City's expense, facilities necessary to correct such problems prior to
resuming such services.
In addition, Bonneville shall require use of its Revenue Metering System
(RMS) meters in accordance with Section 9.
(b) For each hour during the term hereof, the City shall make available
or arrange to have made available to the Utility at the Utility's Morse Creek
Point of Interconnection as defined in Exhibit D, and the Utility shall make
available to Bonneville at the Government's Port Angeles Point of
Interconnection as defined in Exhibit D, an amount of Electric Power metered
at the Project less losses in accordance with Exhibit E.
(c) For each hour during the term hereof, Bonneville shall make available
1'
to the City at the Point of Delivery for account of the City, the amount of
Electric Power made available to Bonneville pursuant to subsection (b).
(d) Bonneville shall add to the metered quantities monthly at the Point
of Interconnection and subtract from the metered quantities monthly at the
Point of Delivery the amount of power made available to Bonneville pursuant to
subsection (b) above.
(e) Nothing contained in the power sales contract between Bonneville and
the Utility (Contract No. DE- MS79- 81BP90488 as amended by Amendatory Agreement
No 1, dated June 3, 1982) and Bonneville and the City (Contract
No. DE- MS79- 81BP90450) shall limit in any way the obligations of Bonneville or
the Utility to the City to provide the firm transmission services hereunder.
5
5. Payment Provisions.
(a) The City shall pay Bonneville each month for the transmission
services and the resource services provided hereunder, an amount which shall
be the sum of the products obtained by multiplying each of the charges for
such services by its respective multiplier. The charges and multipliers shall
be as specified in Exhibit C. The resource services shall be developed and
described pursuant to section 7(d). Bonneville shall make appropriate billing
adjustments during periods, if any, when the operation of the Project is
limited by governmental agencies having jurisdiction over air and water
quality standards therefor.
Any ratchet demand that may occur as determined by Bonneville pursuant to
the Transmission Rate Schedules and General Transmission Rate Schedule
Provisions, does not constitute an increase in any Transmission Demand
approved by Bonneville, and any continued service at such level will depend on
the availability of facilities as determined by Bonneville.
(b) The City shall pay the Utility each month for the transmission
services provided by the Utility hereunder as provided in the Interconnection
Agreement. Such obligation is an obligation of the City.
(c) To the extent that the billing determinants contained in Exhibit C
include a demand factor, which may be represented by a "transmission demand,"
"contract demand," "measured demand" or other type of demand quantity, the
billing demand and ratchet provisions, if any, of the General Transmission
Rate Schedule Provisions contained in Exhibit A shall apply to the calculation
of payments.
6. Termination of Agreement and Charges. This agreement may be
terminated with mutual consent of the parties, which consent shall not be
unreasonably withheld, (1) upon destruction or abandonment of the Project;
6
upon discontinuation of Project output under a final order of a public
official having authority to issue such order; (3) upon termination of the
Interconnection Agreement between the City and the Utility for the transfer of
power for the Project; (4) upon denial of a license to construct and operate
the Project from the Federal Energy Regulatory Commission (FERC) or its
successor agency (Agency).
The parties understand that the City has a preliminary notice to operate
the Project commercially. If information provided pursuant to the FERC
license for Project No. 6461 -001 infers that the Project should not operate
because of adverse fishery impacts, then Bonneville may terminate this
agreement. This agreement may not be terminated by reason of a partial
reduction in generating capability. If this agreement is terminated earlier
than the term described in section 1 above, or if there is a partial reduction
in generating capability, the City shall pay Bonneville as follows:
(a) for the unamortized nonsalvable investment plus the cost of removal
of any facilities Bonneville has constructed at Government expense for the
purpose of providing transmission service for the Project hereunder; or
(b) monthly at a rate that shall compensate Bonneville for the annual
cost of the facilities so constructed, to the extent such facilities become
unusable in whole or in part as the result of such destruction or abandonment
of the Project or upon such partial permanent reduction or discontinuation of
Project Output.
The payment obligations in this section shall be the obligation of the
City.
7
7. Revision of Exhibits.
(a) The Use -of- Facility Transmission rate schedule attached hereto as
Exhibit A has been finally confirmed and approved by the Agency. The rate
schedule in Exhibit A shall be replaced successor rate schedules in
accordance with the provisions of section 7(i) of the Pacific Northwest Power
Act and Agency rules. The Use -of- Facilities Charge specified in Exhibit C
shall be recalculated following any rate filing according to the provisions of
such amended, modified, or successor rate schedules and associated provisions,
and Bonneville shall prepare a new Exhibit C incorporating the revised
Use -of- Facilities Charge.
(b) If Bonneville determines that the charges specified in Exhibit C or
any subsequent charges specified in this agreement must be changed pursuant to
sections 19 or 38 of Exhibit B, it shall prepare a new Exhibit C incorporating
such changes. Such new Exhibit C shall be substituted for the Exhibit C then
in effect and shall become effective as of the date specified therein.
(c) The loss factor specified in Exhibit E may be revised from time to
time upon notification by the City and Utility, or Bonneville's determination
that conditions at the Project or on the Utility's system have changed
sufficiently to warrant recalculating the loss factor. Bonneville shall
calculate the new loss factor and submit to the City and Utility by letter
pursuant to Exhibit E.
(d) Exhibit F shall be revised to include charges for resource services
which Bonneville provides for the Project or upon determination by Bonneville
that any such resource service charge contained therein must be changed to
properly compensate Bonneville for providing such services. The resource
services may include, but shall not be limited to, such services as operating
reserves and making available amounts of power and energy to the City,
'8
pursuant to section 4(c) above, which vary from the amounts of actual Project
generation. The resource service charge set forth in Exhibit F shall not be
increased more frequently than once during any consecutive 12 month period.
Bonneville shall provide the City and Bbnneville's other customers with a
reasonable opportunity of not less than 90 days to comment prior to the
effective date of such proposed revised charges. Revised charges shall take
effect on the date specified by Bonneville in its written notice to the City
of its intention to revise such charge.
8. Reactive Power. It is the intent of the parties hereto that the
voltage level at the Points of Interconnection and the Points of Delivery be
controlled in accordance with prudent utility operating practice. The parties
hereto shall jointly plan and operate their systems so as not to place an
undue burden on the other party to supply or absorb reactive power
accompanying or resulting from deliveries hereunder. OR
9. Metering Equipment. Bonneville shall require use of a Revenue
i
Metering System (RMS) unit or like unit meeting Bonneville's specifications to
meter output from the Project. Bonneville shall perform all O &M services on
the RMS unit. Likewise, the City shall use JEM meters, or equivalent, to
determine output from., the Project; and the City shall perform all 0 &M service
on its meter. The cost associated with the purchase and maintenance of the
RMS unit including repair or replacement shall be at the City's expense. The
original purchase of the RMS unit is provided under Agreement
No. DE- AI79- 87BP72149. Installation of telecommunications equipment for both
Bonneville and City metering equipment and all service charges shall be at the
City's expense. Ownership of the RMS equipment shall remain with the
Government.
9
10. Several Obligations. Except where specifically stated in this
agreement to be otherwise, the duties, obligations, and liabilities of the
parties are intended to be several and not joint'or collective. Nothing
contained in this agreement shall ever construed to create an association,
trust, partnership, or joint venture or to impose a trust or partnership duty,
obligation, or liability on or with regard to any party. Each party shall be
individually and severally liable for its own obligation under this agreement.
11. Execution in Counterpart. This agreement may be executed in any
number of counterparts in which case all such counterparts shall be deemed to
constitute a single document with the same force and effect as if all parties
hereto having signed a counterpart had signed all other counterparts. The
agreement shall become effective in accordance with section 1.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in
10
i
tim
several counterparts.
CLALLAM COUNTY PUD
By q%N
Title
4
Date
CITY OF PORT ANGELES
By II
Title ,r/
Date
(WP- PKT- 0758e)
UNITED STATES OF AMERICA
Department of Energy
Bonneville Power Administration
By
Date
ATTEST:
By
Title
Date
ATTEST:
By
Title
Date
1 04) 4
i7
DRAFT
Transmission Parameters
Exhibit C, Page 1 of 2
Contract No. DE- MS79- 88BP92315
Morse Creek Hydro Project
Effective at 2400 hours on the
Effective Date of this Agreement
A. Points of Interconnection, Points of Delivery, Transmission Demands,
Use -of- Facilities Charges, and Resources.
Approved Point Use -of- Resource(s)
of Interconnection Transmission Facilities to be
(Voltage) Demand Charge Integrated
Government'
Port Angeles
Substation 69 kV
Bay 26
Approved Point
of Delivery
Government's
Port Angeles
Substation 69 kV
Bay 23
485 kW $.082 /kW /mo 1/ Morse Creek
1/ Composite UFT charge based on Bay's 23 and 26.
(WP- PKT- 0758e)
i
B. Calculation of Charges Pursuant to the UFT -83 Rate Schedule:
I &A 2/ I &A 0 &M 1/ Sum of 3/
Annual Annual Annual Non Coincidental
Cost Ratio Cost Cost Demand
(Sponsor)
Facility Investment
Demand 5/
Government's
Port Angeles
485 kW
Substation 69 kV
Bay 26
Bay 23
kW -mo.
485 kW
Total UFT Charge
kW -yr. 4/
(WP- PKT- 0758e)
0
$160,631
9.5?
$152,752 9.5%
1/ 0 &M charge based on low voltage terminal in 2 -19 -87 0 &M costs table.
2/ Taken from 5 -15 -87 ACR table.
3/ J88 peak loads from Clallam (33.5) Eastern Morse Creek plus Port Angeles City 53.86 1
The City was prorated based upon J87 bill.
4/ Unit Charge (I &A Annual Cost) 0 &M Annual Cost /kW yr.
Sum of Non Coincidental Demands
Monthly Charge /kW yr) (Sponsor Demand) /mo.
12 months
Exhibit C, Page 2 of 2
Contract No. DE- MS79- 88BP92315
Morse Creek Hydro Project
Effective at 2400 hours on
September 30, 1987
$15,260 5,577
$14,511 5,577
5/ Ratchets shall be handled in accordance with section 5(c).
/kW /yr
33,985 kW 0.61
54,350 kW 0.37
$0.980
$0.082
1. MORSE CREEK HYDRO PROJECT
(WP- PKT- 0758e)
Demand: 485 kW;
Voltage: 12.5 kV;
Exhibit D, Page 1 of 2
Contract No. DE- MS79- 88BP92315
Morse Creek Hydro Project
Effective at 2400 hours on the
Effective Date of this Agreement
Description of Proiect, Point of Interconnection, and Points of Delivery
Location: the project is located in the NW 1/4 of Section 29, T3ON,
R5W, Willamette Meridian, Clallam County, Washington; approximately
3 miles east of Port Angeles and 1 -1/2 to 2 miles south of state
route 101 and primarily east of Glass Road;
Metering: in the City's powerhouse, in the 480 volt circuit over
which such electric power and energy flows;
Adjustments: there shall be an adjustment for transformation losses
between the Project point of metering and the high side of the
Project transformer.
2. MORSE CREEK POINT OF INTERCONNECTION
Location: A point on the Utility's distribution line approximately
one half mile from the Morse Creek Hydro Project at the junction of
Glass and Boyd Roads where the distribution lines of the Utility and
the line from the City's Project interconnect;
Voltage: 12.5 kV;
Adjustments: there shall be an adjustment for transmission losses
between the Morse Creek Hydro Project and the Morse Creek Point of
Interconnection.
3. PORT ANGELES POINT OF INTERCONNECTION
Location: the point in Bay 26 (Clallam Co. PUD's Feeder No. 1) in
the Government's Port Angeles Substation where the 69 kV facilities
of the Utility and the Government are connected;
Voltages: 69 kV;
Metering: in the Government's Port Angeles Substation in the 69 kV
circuit over which such electric power and energy flows;
Adjustments: there shall be an adjustment for distribution losses
between the Utility's Morse Creek Point of Interconnection and the
Government's Port Angeles Point of Interconnection.
4. PORT ANGELES POINT OF DELIVERY
Location: the point in Bay 23 (Port Angeles Feeder No. 1) in the
Government's Port Angeles Substation where the 69 kV facilities of
the City and the Government are connected;
Voltages: 69 kV;
Metering: in the Government's Port Angeles Substation in the 69 kV
circuit over which such electric power and energy flows;
Adjustments: there shall be no adjustment for losses between the
Point of Interconnection and the Point of Delivery.
(WP- PKT- 0758e)
Exhibit D, Page 2 of 2
Contract No. DE- MS79- 88BP92315
Morse Creek Hydro Project
Effective at 2400 hours on the
Effective Date of this Agreement
(WP- PKT- 0758e)
Loss Factors
Exhibit E, Page 1 of 1
Contract No. DE- MS79- 88BP92315
Morse Creek Hydro Project
Effective at 2400 hours on the
Effective Date of‘this Agreement
The loss factors specified in Exhibit D, to be applied to the Electric Power
made available by the City to Bonneville, shall consist of two components.
The first is the transformation and transmission losses from the Project to
the Morse Creek Point of Interconnection, and the second is the transmission
and transformation losses from the Morse Creek Point of Interconnection to the
Port Angeles Point of Interconnection. No loss factor shall be applied
between the Port Angeles Point of Interconnection and the Port Angeles Point
of Delivery as specified in Exhibit D. The loss factors between the Project
Point of Metering and the Port Angeles Point of Interconnection shall be
submitted to the City and the Utility by Bonneville -=by separate letter. The
revision of these loss factors shall be as specified in section 7(c).
Exhibit F, Page 1 of 1
Contract No. DE- MS79- 88BP92315
Morse Creek Hydro
Effective at 2400 hours on the
Effective Date of this Agreement
Resource service charges shall be incorporated into Exhibit F as developed by
Bonneville according to section 7(d) of this agreement. As of the Effective
Date of this Agreement, the Resource service charge is zero.
(WP- PKT- 0758e)
Resource Services
I
EXHIBIT "B"
OPERATION PROCEDURES
I Reference map and schematic are attached.
II Normal operation of hydroproject:
a. Main valve (1) is open.
b. Isolating valve (2) is open.
c. Powerhouse valve (3) is open.
d. Line valve (4) is closed.
e. Hydroproject generates power. District draws water from pipeline for
treatment plant.
III Streamflow shutdown:
a. Streamflows below FERC license limits are sensed by float at the
City's diversion structure.
b. A signal is sent to the powerhouse.
c. Generation shutdown at the powerhouse by valve (3).
d. Flow to District's treatment plant is not interrupted.
IV Pipeline break shutdown:
a. Loss of pipeline pressure is sensed at powerhouse.
b. A signal is sent to the diversion structure.
c. Main valve (1) closes and hydroproject shuts down.
d. Flow to District's treatment plant is interrupted. City notifies
District.
e. City determines location of break:
1. Upstream of District treatment plant cannot re- establish water
flow until repaired. Repairs will be by the City.
LI0060[2]
2. Downstream of District treatment plant City crew closes
isolating valve (2) and opens main valve (1) to re- establish
water flow to the District's treatment plant. Repairs will be by
the City.
f. After repairs, City opens isolating valve (2) or main valve (1) and
restarts hydroproject (if appropriate).
V Electric system fault shutdown:
a. District's system protection opens on fault condition. Hydroproject's
protection opens on fault condition.
b. Powerhouse valve (3) closes.
c. Flow to District's treatment plant is not interrupted.
d. District isolates work area if fault is on its system possibly
opening switch D4260. City isolates work area if fault is on its
underground cable would open switch D4260. When switch D4260 is
operated by either party, the other will be notified.
e. After repairs are made and verification that all workers are in the
clear, lines will be re- energized by the owner.
f. City will open powerhouse valve (3) and restart the hydroproject.
NOTE: A similar procedure would be used in the event of loss of
transmission system voltage.
VI Planned maintenance shutdown:
a. The party planning the maintenance shutdown of electric or water lines
will notify the other party 48 hours in advance.
b. Planned maintenance will be scheduled to minimize the time normal
operation under this Agreement will be interrupted.
VII Emergency conditions:
When other emergency conditions occur that interrupt normal operation under
this Agreement, the affected party will notify the other as soon as
reasonably possible.
LI0060 [2]
100 i
ns
ne
EXHIBIT `B'
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