The URL can be used to link to this page

Home My WebLink About2005-095 Agrmt - PacifiCorp AGREEMENT FOR DISTRIBUTION SYSTEM TRANSFER SERVICES Between THE CITY OF ASHLAND, OREGON And PACIFICORP This AGREEMENT ~QR FIRM DISTRffiUTION SYSTEM TRANSFER SERVICES (Agreement) executed this30'4o(lay of Af ~ I L , 2005 is by and between THE BONNEVILLE POWER ADMINISTRATION (BP A), THE CITY OF ASHLAND, OREGON (Ashland), a municipal corporation organized under the laws of the State of Oregon, and PACIFICORP, an Oregon Corporation. BPA, PacifiCorp, and Ashland are sometimes referred to herein individually as "Party" and collectively as "Parties". WHEREAS, the Bonneville Power Administration is engaged in the generation, transmission and distribution of electric power and energy; and WHEREAS, the Bonneville Power Administration delivers firm power to the City of Ashland over PacifiCorp's transmission system under the terms and conditions of a (ieneral Transfer Agreement (GT A); and WHEREAS, PacifiCorp is engaged in the generation, transmission and distribution of electric power and energy; and WHEREAS, Ashland is engaged in the distribution of electric power and energy; and WHEREAS, a portion of PacifiCorp' s distribution system as well as a number of PacifiCorp's retail customers are directly interconnected with Ashland's distribution system; and WHEREAS, the Parties desire to enter into an agreement providing for transfer of PacifiCorp power and energy over Ashland's distribution system for delivery to PacilfiCorp's retail customers; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties hereto undertake and agree as follows: SECTION 1 - DEFINITIONS "Points of Delivery" or "POD" means the points of interconnection between the facilities of PacifiCorp and Ashland, where Ashland takes receipt of power and energy from PacifiCorp, as specified in Exhibit A, attached hereto, and by this reference incorporated herein, as amended from time to time by written agreement of the Parties. "PacifiCorp Secondary Metering Points" means the end-use metered points on the distribution systems of PacifiCorp and Ashland, to which Ashland delivers power and energy received from PacifiCorp, as specified in Exhibit B, attached hereto, and by this reference incorporated herein, as amended from time to time by written agreement of the Parties. "Ashland Secondary Metering Points" means the end-use metered points on the distribution systems of PacifiCorp and Ashland, to which PacifiCorp delivers energy to Ashland retail customers, as specified in Exhibit E, attached hereto, and by this reference incorporated herein, as amended from time to time by written agreement of the Parties. SECTION 2 - EFFECTIVE DATE AND TERM This Agreement shall become effective upon execution by the Parties, and shall continue through April '3D, 2010, for an initial term of five (5) years, with automatic extensions in 5-year increments unless either PacifiCorp or Ashland notifies the other in writing of its desire to terminate this Agreement not less than 12 months prior to the end of the initial 5-year period or any of the 5-year extensions. SECTION 3 - DISTRIBUTION SYSTEM TRANSFER SERVICES 3.1 Ashland agrees to accept delivery of power and energy from PacifiCorp at the Points of Delivery, and to transfer such power and energy over Ashland's distribution system to the PacifiCorp Secondary Metering Points. 3.2 PacifiCorp agrees to transfer energy to Ashland's retail customer Secondary Metering Points, as specified in Exhibit E. 3.3 Both PacifiCorp and Ashland shall use due diligence in providing the other Party a constant, uninterrupted transfer of power and energy, provided however, that either Party shall not be responsible for interruptions due to causes beyond the reasonable control of the other Party as defined in Section 6 of this Agreement. SECTION 4 - METERING 4.1 Metering equipment satisfactory to BP A and Ashland shall be furnished, maintained, and read by PacifiCorp. Meter readings from said equipment shall be used in determining the charges and credits required in Section 5. 4.2 The Secondary Metering Points are identified in Exhibits Band E of this Agree]nent. Exhibits Band E shall be revised upon mutual agreement of the Parties to reflect changes in the Secondary Metering Points. 4.3 Meter data for the Secondary Metering Points shall be totaled for each of Ashland's POD from which the power was provided. Such totaled energy amounts for the Secondary Metering Points shall be subtracted from the metered amount at the POD. Energy amounts measured at the Secondary Metering Points shall be deemed to have been delivered at the same diurnal split as the total Ashland metered load. The adjusted load for each POD shall be used in the PacifiCorp GT A energy deviation calculation. 2 4.4 Each Secondary Metering Point shall be deemed to contribute 2.5 kW to Ashland's measured demand. The total number of Secondary Metering Points served from each POD shall be multiplied by 2.5 kW to calculate their total contribution to Ashland's measured demand. These totals shall also be used to calculate the adjustment to the PacifiCorplBP A GT A credits. 4.5 Ashland shall not unreasonably refuse PacifiCorp's request for improvements to Ashland's distribution system needed for the purposes of service reliability to existing PacifiCorp retail customers, or to provide service to new PacifiCorp retail customers located inside PacifiCorp's legally prescribed customer service territory outside the City of Ashland, where such existing customers are served through Ashland's distribution system; provided, PacifiCorp shall bear the costs of all such improvements net of the cost of any betterments benefiting Ashland or Ashland's customers. Ashland shall not unreasonably refuse to modify the Exhibits attached hereto to reflect such improvements or otherwise facilitate service to such PacifiCorp customers. 4.6 PacifiCorp's local office shall provide, electronic or facsimile, monthly meter readings of energy consumption, totaled by POD, from the Secondary Metering Points, no later than the 15th working day of each month. Monthly meter readings shall be sent to the following: (a) City of Ashland Attn: City Manager 20 E. Main Street Ashland, OR 97520 (b) Bonneville Power Administration Attn: PBL Revenue Analyst - PSR-6 P.O. Box 3621 Portland, OR 97208-3621 E-Mail: jmconlee@bpa.gov (c) Bonneville Power Administration Attn: TBL Revenue Analyst - TMM/MOD P.O. Box 491 Vancouver, W A 98666-0491 SECTION 5 - CHARGES AND PAYMENTS 5.1 Ashland 5.1.1 Ashland shall invoice PacifiCorp, monthly, for service under this Agreement at the rate of 10 mills per kilowatt -hour multiplied by the sum of the kilowatt -hours metered at PacifiCorp's Secondary Metering Points. All such bills shall be mailed to: Pacifi Corp Attn: Manager, Back Office 825 N.E. Multnomah, Suite 600 Portland, OR 97232-2153 3 and shall be paid within thirty (30) days of the date of mailing, as determined by the date of receipt. 5.1.2 There shall be no charges for, or return of, distribution system losses to Ashland for services provided under this Agreement. 5.1.3 Ashland shall accrue energy consumption of its retail customer Secondary Metering Points, as specified in Exhibit E, on an annual basis. The sum of the kilowatt -hours metered at Ashland Secondary Metering Points shall be paid at a rate of 45 mills to PacifiCorp on an annual basis. Payment shall be mailed to: PacifiCorp Attn: Wholesale Sales P.O. Box 5504 Portland, OR 97228 and shall be paid annually by the 31st day of May. 5.2 BPA 5.2.1 For purposes of BPA's power bill, the energy and demand amounts noted in Sections 4.3 and 4.4 shall be subtracted from Ashland's metered energy and den1and amounts prior to calculating Ashland's power bill. 5.2.2 For purposes of BPA's transmission bill, the demand amounts noted in Section 4.4 shall be subtracted from Ashland's metered demand prior to calculating Ashland's transmission bill. 5.2.3 For purposes of the BP A/PacifiCorp GT A Agreement, the demand amounts noted in Section 4.4 shall be subtracted from PacifiCorp's Points of Delivery to Ashland prior to calculating the monthlyGT A credits. The energy amounts in Section 4.3 shall be subtracted from PacifiCorp's Points of Delivery to Ashland prior to calculating the monthly energy deviation amount. 5.2.4 Actual BP A calculations for billing to Ashland shall be done as described in Exhibit C of this Agreement. SECTION 6 - UNCONTROLLABLE FORCE Neither Party shall be considered in default in performance of any obligation hereunder (other than for payment of moneys due) if failure of performance shall be due to Uncontrollable Force. The term "Uncontrollable Force" means any cause beyond the control of the Party affected, including, but not limited to, failure of facilities, flood, earthquake, storm, fire, lightening, epidemic, war, riot, civil disobedience, labor dispute, labor or material shortage, sabotage and action or non-action by court order or public authority which by exercise of due 4 foresight such Party could not reasonably have been expected to avoid, and to overcome. A Party shall not, however, be relieved of liability for failure of performance if such failure is due to causes arising out of its own negligence or to removable or remedial causes which it fails to remove or remedy with reasonable dispatch. Any Party rendered unable to fulfill any obligation by reason of Uncontrollable Force shall exercise due diligence to remove such liability with all reasonable dispatch. Nothing contained herein, however, shall be construed to require a Party to prevent or settle a labor dispute against its will. SECTION 7 - LIABILITY AND INDEMNIFICATION Except as provided in this Section 7, each Party assumes all liability for injury or damage to persons or property arising from the act or negligence of its own employees, agents, or contractors and shall indemnify and hold the other harmless from any liability arising therefrom. Notwithstanding the foregoing, neither Party shall be liable, whether in contract warranty, tort, or strict liability to the other Party for any injury or death to any person, or for any loss or damage to any property, caused by or arising out of an electric disturbance on the other Parti's electric system, whether or not such electric disturbance resulted from that Party's negligent, or wrongful act or omission, excepting only action knowingly or intention all y taken, or failed to be taken, with intent that injury or damage result therefrom, or which action is wantonly reckless. Each Party releases the other Party from, and shall indemnify the other Party for any such liability. As used in this Section, (1) the term "Party" means, in addition to such Party itself, its directors, officers, and employees; (2) the term "damage" means all damage, including consequential damage; and (3) the term "person" means any person, including those not connected with either Party to this Agreement. SECTION 8 - NOTICES Any written notices to PacifiCorp under this Agreement shall be directed to: Vice President, Power Systems Pacifi Corp 700 N .E. Multnomah, Suite 1600 Portland, OR 97232-4194 with a copy to: (a) Manager, Contract Administration Commercial and Trading Pacifi Corp 825 N .E. Multnomah, Suite 600 Portland, OR 97232-2153 (b) General Business Manager Pacifi Corp 925 S. Grape Street Medford, OR 97501 5 Any written notice to Ashland under this Agreement shall be directed to: City Manager City of Ashland 20 E. Main Street Ashland, OR 97520 Any written notice to BPA under this Agreement shall be directed to: PBL Account Executive - PSW-6 Bonneville Power Administration P.O. Box 3621 Portland, OR 97208-3621 with a copy to: PBL Revenue Analyst - PSR-6 Bonneville Power Administration P.O. Box 3621 Portland, OR 97208-3621 E-Mail: jmconlee@bpa.gov SECTION 9 - GTAlPOWER SALES AGREEMENT TERMS UNCHANGED BY THIS AGREEMENT Ashland acknowledges that its respective rights, liabilities, and obligations under its Power Sales Agreement, Contract No. 00PB-12008, are not altered or otherwise changed in any way by entering into this Agreement. PacifiCorp acknowledges that its respective rights, liabilities, and obligations under the BPA/PacifiCorp GTA Agreement, Contract No. DE-MS79-82BP90049, are not altered or otherwise changed in any way by entering into this Agreement. SECTION 10 - EXECUTION IN COUNTERPARTS 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 having signed a counterpart had signed all other counterparts. 6 IN WITNESS WHEREOF, the Parties hereto have caused the Agreement to be executed in their respective names by their duly authorized officers as of the date first entered above. ACCEPTED: By: Name: r;, ~o G R, ~ A,.fc.{~ . (PrintlType) Title: C, -r 4(M (AlW/A4 R. Date: ..r- / !. 14c I ( UNITED STATES OF AMERICA Department of Energy Bonneville Power Administration BY:~~ Name: RL . V~ ( PrintlType) Title: ht:.Ov"" I &c~a./';'~E Date: ,1(- t.. 7 - 0 s PACJFICORP // / /' '/~ >/ B: /' 1/ '".-'" Y ", . Name: G-e.o ('~ t: .s L h r~ l. k (PrintlType) Title: 0, V' e- L ~O I' - L'CW\ W1 f' ('C- t J ~FL~ Date: 5.. \ <(.. D S 7 EXHIBIT A Points of Delivery/Meter Points Substation Feeder Meter No. Ashland Out Oak Knoll # lOut Oak Knoll #2 Out Oak Knoll #3 Out Mountain A venue Out 575 1014 1304 1705 1820 Ashland Substation: Site Address 507 Grandview Dr 1000 Strawberry Ln 900 Strawberry Ln 1111 Strawberry Ln 1 Birnamwood Rd 795 Orchard St 55 Birnamwood Rd 525 Creekside Rd 1234 Strawberry Ln 300 Creekside Rd EXHIBIT B PacifiCorp Secondary Metering Points Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Mountain Avenue Substation: 1000 Elkader S t 1080 Elkader St 1085 Elkader St 1084 Elkader St 1090 Elkader S t 1060 Elkader S t 1060 Elkader St 1100 Elkader St Oak Knoll Substation: 1080 Timberline Ter 1080 Timberline Ter 1080 Timberline Ter 1182 Timberline Ter 1200 Timberline Ter 1200 Timberline Ter 1192 Timberline Ter 1196 Timberline Ter 1101 Paradise Ln 1103 Paradise Ln 1104 Paradise Ln 1106 Paradise Ln 1140 Paradise Ln Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Meter No. 44610206 80460487 83196752 49497951 48327321 41007809 28207939 29156781 81842148 80458229 80063373 49412071 54083146 18058921 15499853 80063371 90852139 39123787 54083313 18060099 25291850 66507320 79253066 99029631 39182468 41331044 53844807 91734375 41328150 54218806 34233389 1140 Paradise Ln 1107 Paradise Ln 1125 Paradise Ln 1221 Park St 1293 Park St #Temp 1293 Park St 1209 Park St 1029 Clay St 1033 Clay St 1041 Clay St 1313 Clay St 1424 Clay St 1370 Tolman Creek Rd 1492 Tolman Creek Rd 1495 Tolman Creek Rd 1495 Tolman Creek Rd 1501 Tolman Creek Rd 1480 Tolman Creek Rd 1480 Tolman Creek Rd 1480 Tolman Creek Rd Pmp 1505 Tolman Creek Rd 1515 Tolman Creek Rd 1940 Tolman Creek Rd 1940 Tolman Creek Rd 1950 Tolman Creek Rd 1955 Tolman Creek Rd Well 1955 Tolman Creek Rd 1997 Tolman Creek Rd 1997 Tolman Creek Rd 1997 Tolman Creek Rd Pmp 1511 Tolman Creek Rd 1457 Tolman Creek Rd 1457 Y2 Tolman Creek Rd 1525 Tolman Creek Rd 1549 Tolman Creek Rd 2081 Tolman Creek Rd 1549 Tolman Creek Rd #A 2003 Tolman Creek Rd Well 1600 Tolman Creek Rd 1550 Tolman Creek Rd 1717 Tolman Creek Rd 1995 Tolman Creek Rd 1998 Tolman Creek Rd 2000 Tolman Creek Rd #Mbl 2000 Tolman Creek Rd 2000 Tolman Creek Rd Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 79252846 57130620 79556874 57129153 57129153 41347710 28348268 54083107 22738438 34614595 54183106 57129139 16864584 30605466 65254789 65254789 35356240 82546599 15499794 15499794 63149714 65058213 34233423 82546551 47662525 57207021 49843194 29156539 29156539 29156538 41348728 43284684 29245180 57129129 36750992 30143560 70875895 90859208 51445330 91751602 41342742 40077085 54627784 91734372 34886002 34768059 2275 Tolman Creek Rd 2175 Tolman Creek Rd 2175 Tolman Creek Rd 2195 Tolman Creek Rd 2195 Tolman Creek Rd #Apt 2295 Tolman Creek Rd 124 Morninglight Dr 135 Morninglight Dr 3231 Tolman Creek Rd 3530 Tolman Creek Rd 220 Morninglight Dr 157 Morninglight Dr 32 Morninglight Dr 186 Morninglight Dr 228 Morninglight Dr 2782 Highway 99S 1201 Timberlake Dr 3450 Highway 66 3443 Highway 66 580 Clover Ln 590 Clover Ln 601 Washington St 660 Washington S t 760 Washington St 790 Washington St 770 Washington St 200 Tolman Creek Rd 350 Tolman Creek Rd 455 Tolman Creek Rd 1085 Timberline Ter 492 Fordyce St 492 Fordyce St 1495 Tolman Creek Rd Pmp Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 Ashland OR 97520 37418037 45802516 42787513 34883186 80063339 37336425 87463573 39080925 79273793 2942132 84038156 80458119 35490001 37158731 35518896 41350202 41369062 39095885 93176016 43063346 29779075 83922297 15500050 45824533 49412046 29503410 79562331 29412849 80887966 80897622 79556631 54214757 48318076 EXHIBIT C Power Billing Calculation Methodology Report ReQuirements For billing purposes, PacifiCorp shall provide the following information each month: (1) the total number of PacifiCorp's Secondary Metering Points served from each POD; and (2) the total monthly energy consumption by POD. The monthly billing amount shall be calculated as follows: Step 1: Power Demand Adjustment a. For each POD, multiply the number of PacifiCorp's Secondary Metering Points by 2.5kW: # of Secondary Metering Points * 2.5 kW; b. At each applicable POD, subtract the result from the demand measured at the hour of BPA's generation system peak (GSP) for power: GSP Demand - (# of Secondary Metering Points * 2.5 kW); and c. At each applicable POD, subtract the result from the demand measured at the hour of BPA's transmission system peak (TSP) for transmission: TSP Demand - (# of Secondary Metering Points * 2.5 kW). Step 2: Energy Adjustment a. Calculate monthly the HLH/total energy ratio and LLH/total energy ratio, based on all energy use as indicated in the BP A meter reports, including the Solar Ashland Project generation: Ashland Metered HLH/Ashland Total Metered kWh = HLH%; Ashland Metered LLH/Ashland Total Metered kWh = LLH%. b. Multiply the ratios to the PacifiCorp's Secondary Metering Points totals for each POD: Secondary Metering Points Total * HLH%; and Secondary Metering Points total * LLH %. c. Subtract the results from the HLH and LLH meter report totals for each of these PODs: HLH Meter Report Total - (Secondary Metering Total * HLH%); LLH Meter Report Total - (Secondary Metering Points Total * LLH%). Step 3: Load Variance Adjustment Sum the results of the calculation in Step 2c to calculate Ashland's Load Variance charge: HLH Meter Report Total - (Secondary Metering Points Total * HLH~o) + LLH Meter Report Total - (Secondary Metering Points Total * LLH%). EXHIBIT D PacifiCorp GT A & Energy Deviation Billing Calculation Methodology The following methodology shall be used to calculate the PacifiCorp GT A and energy deviation billing amount. Step 1: The GT A demand amount at each POD listed in Exhibit A, will be calculated in the usual manner, unadjusted for secondary meters, as shown below. Max kW * Peak Loss Factor * Power Factor Correction Step 2: The demand amount for the Secondary Metering Points, described in Section 4.4, shall be subtracted from the demand amount at each POD calculated in Step 1. Max kW * Peak Loss Factor * Power Factor Correction - (# of Secondary Metering Points Per POD * 2.5 kW) Step 3: The adjusted demand results will be multiplied by the GT A transfer credit rate applicable for each POD. Max kW * Peak Loss Factor * Power Factor Correction - (# of Secondary Metering Points Per POD * 2.5 kW) * POD GT A Transfer Credit Rate Step 4: For the PacifiCorp energy deviation accounting, the energy amount at each POD listed in Exhibit A, will be calculated in the usual manner, unadjusted for secondary meters, as shown below. Metered kWh * Replacement Losses Step 5: The secondary metered energy amount, totaled for each POD as described in Section 4.3, shall be subtracted from the metered amount, adjusted for replacement losses, at the applicable POD. (Metered kWh * Replacement Losses) - Secondary Metered Energy Per POD Step 6: The adjusted metered energy amount for each of the PODs will be entered into the PacifiCorp bill attachment for calculation of the PacifiCorp energy deviation accounting and billing. EXHIBIT E Ashland Secondary Metering Points Ashland Retail Customers: 250 Dead Indian Memorial Rd. 478 Fordyce St. 401A Dead Indian Memorial Rd. 407 Dead Indian Memorial Rd. 415 Dead Indian Memorial Rd. 1335 Seena Ln. Ashland, OR 97520 Ashland, OR 97520 Ashland, OR 97520 Ashland, OR 97520 Ashland, OR 97520 Ashland, OR 97520