HomeMy WebLinkAbout2005-254 CONT Rev #1 - BPA Environmental
~BONNEVILLE
ICY}I ENVIRONMENTAL
~ FOUNDATION
. # .
133 SW 2nd Ave, Suite 410
Portlandf OR 97204
phone: 503-248-1905
fax: 503-248-1908
info@B-E-F.org
Novemlber 4,2005
Dick Wanderscheid
Invoioe # EPP2005-2
City of Ashland
- 90 N. Mountain Avenue
Ashland, OR 97520
2005 portion of Environmentally Preferred Power
1.0 a MW Green Power
Totalll'1voice Amount
Net 30 Days
TOTAL DUE
$45,990.00
$45,990.00
Please remit payment to the address listed above. If desired, payment may be made by
wire transfer to the following account:
Tax ID #:
Accou nt #:
ABA Routing:
93-1248274
6001 0770
123206024
Bank of the Cascades
888 SW 5th Avenue
Portland, OR 97204
Thank you!
:L t9 "tp r::>-o - #
Contract No. 99PB-I0G30
ENVIRONMENTALLY PREFERRED POWER AGREEMEN'I'
executed by the
BONNEVILLE POWER ADMINISTRATION
and
THE CITY OF ASHLAND, OREGON
Table of Contents
Section
1. Te rm....... ..... ............... ........ ..........~ ... ........ ... ................................... ... ........... ... ..1'.. ...........
2 .. Definitions .. ..... ... .................... .......... ,... ............ .... ....... ................... ..... ....... II.. "11.'" .... .......
3. EPP Production and Integration with Requirements Service ..................
4. EPP Rate and Premium..............................:........................................."............
5. Mar ke t Endorsement................. ............ ............... ................ .......... ......."...... ......
6.. Endorsement Resources ..................... ........................... ......................... ..... ........
7.. Re porting.. ... ...... ..... ..... .... ................... ....... ........ ..... ...... ........ ... ..... ................. ........ .... ....
8. Payment to the Bonneville Environmental Foundation.............................
9. Billing and Payment to BP A.............................................................................
I O. Uncontrollable Forces... ........ ............... ..... ........... ................. .......... ........... ........
11. Governing Law and Dispute Resolution ........................................................
12. Assignment........... .......................... ..................... ........... ........................ ..............
13 . Entire Agre eme nt....... ...................... .......... ........ ....... .... ......... ............... ..............
14. Notices and Information Exchange ........... ....... ...............................................
15. BP A Appropriations Refinancing Act.............................................................
16. Terrnina tion ..... ..... ...." "......... ..... ..... ... ........... ..... ..... ........ .."...... ......... .......t'. .... ..... ...
17. Signature s ................. ...................... ...................... ........ .................... ......'.............
Exhibit A
Exhibit B
Exhibit C
List of Generating Units
Payment Exhibit
Environmentally Preferred Product Disclosure
Statement
This ENVIRONMENTALLY PREFERRED POWER AGREEMENT (Agreement) is
executed by the UNITED STATES OF AMERICA, Department of Energy, acting by and
through the BONNEVILLE POWER ADMINISTRATION (BPA) and THE CITY OF
ASHLAND, OREGON (Ashland) a municipal corporation incorporated under the laws of
the State of Oregon. BP A and Ashland are sometimes referred to individually as "Party"
and collectively as "Parties."
99PB-I0630, Ashland
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RECITALS
BP A and Ashland have entered into a requirements Power Sales Contrlllct (PSC),
Contract No. DE.MS79-81BP90432.
The Parties agree to dedicate a portion of the power Ashland purchases from BP A
under the PSC as Environmentally Preferred Power. This portion equals 1O,9E>8 MWH's
over the term of the Agreement and averages to be 1 MW per hour over the term of the
Agreement. BP A agrees to generate an equivalent amount of Environmentally Preferred
Power to serve this portion of Ashland's retail load. BPA further agrees that the portion of
environmentally preferred power de.dicated to service to Ashland's retail load will not be
dedicated to any other utility.
Firm Power supplied under this Agreement is to be produced at hydroelectric and
wind energy generation facilities that have been endorsed by the NW Energy Coalition,
Natural Resources Defense Council and Renewable Northwest Project (Northwest Public
Interest Groups) as environmentally preferred. The specific projects are listed in Exhibit A
to this Agreement. .
The Parties agree as follows:
loB
This Agreement shall take effect on the date executed by the Parties.
Environmentally Preferred Power dedication shall commence wit ur of
July 1, 2000, and shall continue through hour ending 2400 ptember :30, 200J!. All
liabilities are preserved until satisfied.
2. DEFINITIONS
Capitalized terms not defined below or in context are defined in the PSC, including
its Exhibit B (General Contract Provisions), as amended or replaced.
(a) "Endorsed Resources" means for this Agreement those facilities listed in
Exhibit A that have been endorsed by the Northwest Public Interest Groups
as environmentally preferred sources of electricity for electric power
products.
(b) "Environmentally Preferred Power" or "EPP" means power gem!rated by the
Federal Columbia River Power System (FCRPS) that is produced at small
hydropower facilities with nameplate ratings under 30 megawatts; wind,
geothermal, and solar facilities; and any other facilities that may be
endorsed by public interest groups.
(c) "System Power" means capacity and energy, exclusive of EPP, delivered from
the Federal System.
99PB-I0630, Ashland
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3. EPP PRODUCTION AND INTEGRATION WITH REQUIREMENTS
SERVICE
(a) BPA shall produce 1 MW per hour of Environmentally Preferred Power and
shall dedicate it for service to Ashland's retail load, unless the Parties are
unable to carry out the transaction due to Uncontrollable Forces as defined
in section 10.
(b) This EPP production shall be deemed to be part of Ashland's requirements
power purchases under their PSC. Transmission and ancillary services
associated with delivery of requirements power under the PSC shall also be
deemed to provide for EEP service. No additional transmission
arrangements are required.
(c) By written mutual agreement, the Parties may add other EPP resources
endorsed by the Northwest Public Interest Groups to Exhibit A.
(d) To assure no reduction in 1996 Priority Firm Power (PF-96) Load Regulation
and Load Shaping charges, Ashland's utility factor and Load Re:gulation and
Load Shaping billing determinants shall be calculated as though this power
was a part of the Priority Firm Power purchase.
(e) If the Endorsed Resources reports, as identified in Section 7, show that BPA
did not produce power in the quantities listed in section 3(a) OVE~r the course
of the calendar year, except due to Uncontrollable Force, System Power will
be deemed to replace this shortfall in Endorsed Resource energy. BP A will
credit Ashland's bill for the Endorsed Resource at the rate of 6.82 millslkWh
for each kWh shortfall. Ashland has the option to make appropriate
adjustments in future quarterly payments to the Bonneville Environmental
Foundation (BEF) to recover the amount paid to the BEF for this same
shortfall in Endorsed Resource Energy. Ashland shall continue to pay for
System Power at Ashland's applicable Priority Firm Power ratE~.
4. EPP PREMIUM
(a) Ashland will pay a premium of 15.80 millslkWh for the EPP. Ashland will
continue to pay for power and transmission purchased through the PSC
under the PF-96 rate schedule, plus this premium amount. Ashland's
payment of the premium will be made to BP A and the BEF in the following
manner:
(b) Such premium shall be for all services provided to Ashland under this
Agreement, including Ashland's right to market the EEP to th.~ir consumers.
Forty percent (40%) of this premium shall be paid directly to BPA on a
monthly basis. This is equivalent to 6.32 millslkWh and will be shown as a
line item on Ashland's monthly wholesale power bill at an implied billing
rate of 1 MW per hour. Sixty percent (60%) of this premium shall be paid on
99PB-I0630, Ashland 3
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a quarterly basis (every three months) to the BEF. This is equivalent to an
implied billing rate of 9.48 millslkWh.
(c) The dollar amounts associated with this premium are specified in the
Payment Exhibit (Exhibit B) to this Agreement.
(d) BPA shall charge Ashland for the portion ofthe premium due BPA under
BPA's Firm Power Products and Services (FPS-96) Rate Schedule. This shall
be done under Section II.D of the FPS-96 rate schedule, entitled "Reservation
and Rights to Change Services".
5. MARKET ENDORSEMENT
In accordance with the exclusive endorsement agreement between the Northwest
Public Interest Groups and BP A, BP A conveys the right to Ashland to use the
following statement in the marketing of the Endorsed Resources to Ashland's retail
customers pursuant to section 6.
'The Idaho Falls and Packwood hydroelectric and the Foote Creek Wind
generating facilities are environmentally preferred sources of electricity
generation for electricity products, based on our independent review of
environmental impacts."
Ai!, partial consideration for this conveyance, Ashland agrees to satisfy BPA's
obligation to make payments to the BEF. Ashland is responsible for mimng
payments to the BEF of the premium as described in Section 4 of this Agreement
and in the amounts as specified in Exhibit B to this Agreement.
6. ENDORSED RESOURCES
(a) The endorsement language set forth in section 5 may be used only in
promotion and advertising of retail sales inside Ashland's servic:e territory.
(b) Ashland may use the endorsement language set forth in section 5 only as
part of marketing, advertising and promotion of resale of EPP ti~om the
Endorsed Resources. If EPP from the Endorsed Resources is not offered for
sale as a separate product, but is melded with other power for r,etail resale to
consumers, the endorsement may be used only if the amount of power from
Endorsed Resources is shown and clearly identified as the endo:rsed portion.
(c) Any other use of the endorsement language is prohibited without prior
written permission from BP A.
99PB-I0630, Ashland
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7. REPORTING
Within 30 days after the end of each Contract Year, and at the end of the contract
term, BP A will provide Ashland with the following information for the previous
period:
(a) Annual amount of EPP generated for Ashland by the Endorsed Resources
and delineated by project name or generation identification;
(b) Annual amount of EPP generated by projects not included in Exhibit A and
delineated by project name or generation identification; and
(c) Annual amounts of System Power, if any, delivered to Ashland in lieu of
EPP.
8. PAYMENT TO THE BONNEVILLE ENVIRONMENTAL FOUNDATION
The quarterly payment amounts are specified in Exhibit B to this Agreement. Such
payment shall be made no later than 30 days after the end of each quarter.
Payment shall be made by wire transfer to the following account:
Account Name: Bonneville Environmental Foundation
Tax ID Number: 93.1248274
Bank Name: Bank of the Northwest
600 Pioneer Tower
888 SW. Fifth Avenue
Portland, OR 97204
Account Number: 0108002777
ABA Routing:
123006680
9. BILLING AND PAYMENT TO BPA
(a) Billing
BP A shall bill Ashland monthly pursuant to the billing provisions of the
PSC, and consistent with applicable BP A rates, including the General Rate
Schedule Provisions. BPA may send Ashland an estimated bill followed by a
final bill. BP A shall send all bills on their issue date either electronically or
by mail, at Ashland's option. If electronic transmittal of the entire bill is not
practical, BPA shall transmit a summary electronically, and send the entire
bill by mail.
99PB-10630, Ashland
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(b) Payment
Payment by Ashland shall be made consistent with the payment provisions
of the PSC, including the provisions relating to time of payment. Ashland
shall pay by electronic funds transfer using BPA's established procedures.
(c) Disputed Bills
In case of a billing dispute, the provisions of the PSC relating to any disputed
bill shall apply, including interest computation applicable to any refund.
Ashland shall note the disputed amount and pay its bill in full by the Due
Date.
10. UNCONTROLLABLE FORCES
BP A and Ashland shall use due diligence in performing their obligations under this
Agreement. However, in the event that either Party is prevented from meeting its
obligations under this Agreement due to an Uncontrollable Force, both Parties will
be excused from their respective obligations without liability to the othE!r for the
duration of the Uncontrollable Force and the period reasonably required to restore
the affected Party's operations to conditions existing prior to the occurf1ence of the
Uncontrollable Force. Uncontrollable Force shall have the meaning given to it in
the General Contract Provisions incorporated into the PSC, but shall specifically not
include situations or events due to insufficient availability of fuel. Ash]land shall
have no obligation to pay for EPP that BPA is unable to deliver or that Ashland is
unable to take due to an Uncontrollable Force.
11. GOVERNING LAW AND DISPUTE RESOLUTION
(a) This Agreement shall be interpreted and governed by Federal law . With the
exception of issues arising under the U.S. Constitution, which are preserved
for judicial review, any contract dispute arising under this Agreement shall
be resolved through negotiation or mediation, if possible. If negotiation and
mediation are unsuccessful, contract disputes shall be subject to binding
arbitration. The payment of monies shall be the exclusive remE~dy available
in any binding arbitration proceeding. The arbitrator(s) shall iBsue a written
opinion explaining the final arbitration award. The arbitration award shall
be final and binding on both Parties, provided, however, that either Party
may seek judicial review of the final arbitration award for fraud, misconduct,
or misrepresentation.
(b) Unless the Parties agree otherwise, the arbitration procedures for
commercial arbitration of the CPR Institute for Dispute Resolution
(Non-Administered Arbitration Rules) shall be used for each dispute. During
arbitration the Parties shall continue performance under this Agreement
pending resolution of any dispute concerning this Agreement.
(c) Each Party shall be responsible for its own costs of arbitration (including
legal fees). The arbitrator(s) shall equally divide all other costs of arbitration
among the Parties.
99PB-10630, Ashland
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iO____._ __.,_, ....... --'~""-'--'---
(d) This provision applies solely to this Agreement and does not repla.ce, alter, or
amend any provision regarding arbitration under Ashland' other c::ontracts
with BP A, including the PSC.
12. ASSIGNMENT
This Agreement is binding on any successors and assignments of the Parties. BP A
may assign this Agreement to another Federal agency. Neither Party may
otherwise transfer or assign this Agreement without the other Party's written
consent. Such consent shall not be unreasonably withheld. BP A shall approve any
request for assignment in accordance with both public preference and Northwest
preference. Ashland may not transfer or assign this Agreement to any of its retail
customers.
13. ENTIRE AGREEMENT
This Agreement, including all provisions, exhibits, and documents incorporated by
reference, constitutes the entire agreement between the Parties. It supersedes all
previous communications, representations, or agreements, either writtEm or oral,
which purport to describe or embody the subject matter of this Agreement.
14. NOTICES AND INFORMATION EXCHANGE
(a) Any notice specifically required to be given under this Agreement shall be in
writing and shall be delivered either (1) in person, (2) by nationally
recognized delivery service, or (3) by United States Certified Mail. Notices
will be effective when received.
(b) Information may be exchanged by any means agreed to by the Parties. The
Parties shall provide each other with any information reasonably required to
bill, schedule, or otherwise administer this Agreement. Such iIllformation
may include, but shall not be limited to, meter readings at Ashland' Metering
Point.
(c) Either Party may change the address for notices by giving notiee of such
change in accordance with this section.
If to Ashland:
If to BPA:
The City of Ashland
90 Mountain Ave.
Ashland, OR 97520
Attn: Pete Lovrovich
Electric Utility Director
Phone: 541-488.5308
FAX: 541-488-5320
Bonneville Power Administration
905 N.E. 11th Ave.
Portland, OR
Attn: John P LebenB
Account Executive
Phone: 503-230-3965
FAX: 503-230-3544
99PB-I0630, Ashland
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15. BPA APPROPRIATIONS REFINANCING ACT
Section 3201(i) of Public Law 104-134 is incorporated by reference.
16. TERMINATION
In the event that the amount of EPP from the Endorsed Resources provided to
Ashland is less than 90 percent of the total amount of power (measured in
megawatthours) provided to Ashland during any Contract Year pursuant to this
Agreement, then Ashland may elect to terminate this Agreement by providing BP A
with written notice of termination. To be effective, any such written notice of
termination must be delivered to BPA not later than 30 days after receiLpt by
Ashland of the information required pursuant to section 7 of this Agreement, and
must set a termination date no earlier than 60 days after the date of the written
notice of termination.
17. SIGNATURES
The signatories represent that they are authorized to enter into this A~~reement on
behalf of the Party for whom they sign.
(',~ ,j-''': ...
By '. l1Jr,uJJ,,,)
Signa uyZ
Name ,I Pete Lovrovich
(Print/Type)
By
THE CITY OF ASHLAND
Name
(Print/Type)
John P. Lebens
Title Electric Utility Director
Title
Account Executive
Date
b -;t,;J. - ~J
Date
)- 1--0 ()
99PB-I0630, Ashland
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Exhibit A
LIST OF GENERATING UNITS
The projects listed below are small hydro and wind projects with outputs that qualify as
EPP.
Project
Packwood
Location, State
Packwood Lake, W A
Average
Capacity
9.9 aMW
Foote Creek Wind
Farm
Carbon County,
Wyoming
7.1 aMW
Idaho Falls
Snake River, ID
11.4 aMW
.
99PB-10630, Ashland
9
EXHIBIT
B
PAYMENT EXHIBIT
PAYMENTS TO BONNEVILLE ENVIRONMENTAL FOUNDATION AND BPA
Months Hours Total Mthly. Amt. Of Amt. Of PrE~mium
kWh EPP Premium
ofEPP Premium To BEF To BPA
Amt.
1 MWIbr. (60% of (40% of Premium)
Premium)
Paid on Qtrly. Paid on Mthlly. Basis
Basis
Quarterly Payment to BEF
Jul-OO 744 744 000 $11,755 $7,053 $4, 70:~
Aug-OO 744 744 000 $11,755 $7.053 $4, 70:~
Seo-OO 720 720,000 $11,376 $6,826 $4,551~
Quarterly Payment to BEF $20,932
Oct-OO 745 745,000 $11,771 $7,063 $4,70:B
Nov-OO 720 720,000 $11,376 $6,826 $4,550
Dee-DO 744 744,000 $11,755 $7,053 $4,70.2
Quarterlv Payment to BEF $20,942
Jan-01 744 744,000 $11,755 $7,053 $4.702
Feb-01 672 672,000 $10,618 $6,371 $4,247
Mar-O 1 744 744,000 $11,755 $7,053 $4,702
IQuarterly Payment to BEF $20,477
Apr-01 719 719,000 $11,360 $6.816 $4,544
May-Ol 744 744,000 $11 755 $7,053 $4,702
Jun-Ol 720 720,000 $11,376 $6.826 $4,550
IQuarterly Payment to BEF $20,695
Jul-01 744 744,000 $11.755 $7,053 $4,702
Aue:-01 744 744,000 $11,755 $7053 $4.702
Sep-Ol 720 720,000 $11,376 $6,826 $4,550
Quarterly Payment to BEF $20,932
Total 10,968,000 $173,293 $103,978 $69 315
99PB-10630,Ashland
10
Exhibit C
EmnRONMENTALLYPREFERREDPOWER
DISCLOSURE STATEMENT
1. CONSUMER DISCLOSURE STATEMENT FOR EPP
BPA is the marketing agent for the FCRPS, which consists of the Federal
hydroelectric generating plants located primarily in the Columbia River basin. In
addition, BPA has the rights to market power from certain non-Federal generating
resources that are owned by utilities and independent power producers. The mix of
resources from the Federal system is:
BPA Actual Generation Totals
In Megawatt Hours for 1st Quarter 1998
Total 1st Quarter Generation = 24,427,085
,_.___n_ ._._.... _.. .. _ .__ __---\
'.Hydro 87.Sok
I
I_MISC. Purchases 3.6% \.
j_WNP 2 8.7"1.
l- Endorsed Hydro .2% I
2. BPA SYSTEM POWER COMPOSITION
BPA's system power is accountable for less than 0.5 percent each of the region's
emissions of carbon dioxide, sulfur oxide and oxides of nitrogen. BP A ill accountable
for 71 percent of the region's stored spent nuclear fuel.
BPA has designated certain resources that are a part of the Federal Sy:stem as EPP.
EPP products are designed to meet criteria established by others and c~~rtain
products may be endorsed by public interest groups. Hydroelectric resources that
are designated in the Agreement as EPP are small hydropower project8 with
nameplate ratings under 30 megawatts.
BP A guarantees that the pool of designated generating facilities are capable of
producing energy sufficient to cover the Agreement subject to the specific terms of
the Agreement. BP A retains records on actual power generation from the
designated resources on a monthly basis. Purchasers of BPA's EPP products
understand that it is not possible in an integrated system to guarantee that the
energy delivered to a customer is derived from a specific generating plant.
99PB-I0469, Ashland
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Revision No.1
Exhibit A
RATE COMMITMENTS
This Revision No.1 includes Environmentally Preferred Power to Ashland's
purchase by changing section 4(b), Environmentally Preferred Power. This is
effective October 1,2001.
1. DEFINITIONS
(a) "5-Year Rates" means the Lowest PF Rates established in the
2002 Wholesale Power Rate Case for Contract Years 2002 through 2006.
(b) "Lowest PF Rates" means the lowest applicable cost-based power rates
provided under the applicable PF rate schedule as applied to Ashland's
Contracted Power purchases under this Agreement. The Lowest PF Rates
shall be selected by Ashland from the PF rates that are available and from
which the Parties agree Ashland is eligible to purchase under at the time
Ashland makes its selection as specified in this exhibit.
2. PURCHASE DURATION
Ashland shall purchase all of the power provided in section 4 of the body of this
Agreement for the entire term of this Agreement.
3. PRIORITY FIRM POWER RATE TREATMENT
(a) Right to Lowest PF Rates
Ashland is contractually guaranteed through September 30, 2011l, the
Lowest PF Rates established in a successor BPA power rates proeeeding for
its PF Contracted Power purchases under this Agreement. This section shall
not be construed to waive, alter, or amend any right that Ashland may have
under applicable statutes.
(b) Revisions to Priority Firm Power Rates
BPA agrees that the 5-Year Rates available to Ashland consistent with this
exhibit shall not be subject to revision during their respective terms, except
for the application of a Cost Recovery Adjustment Clause or a Targeted
Adjustment Charge as provided in the PF applicable rates schedules and
GRSPs and this Agreement.
(c) 5-Year Rates Treatment
All Contracted Power purchases provided under section 4 of the body of this
Agreement are subject to the 5-Year Rates. The monthly energy rates for
Contracted Power are specified in sections II.B1 and II.B2 in the section
labeled "Schedule PF-02 Priority Firm Power" in the 2002 Power Rate
Schedules.
Ashland must select a follow-on rate period and associated rates from those
offered by BPA, and notify PBL of its selection, by the later of:
OOPB-12008, Ashland
10f?
(1) six months prior to the expiration of the 5-Year Rates; or
(2) thirty (30) days after the date BPA's initial proposal for suceessor
rates is published.
Otherwise the follow-on rate period and associated rates shall be the shortest
rate period and associated rates that are applicable to Ashland.
(d) Cost-Based Indexed PF Rate and Flexible PF Rate Option
None.
4. SPECIAL PF LOAD TREATMENT
(a) Annexed Loads
Ashland may make a written request for service to Annexed Loads, including
a planned date for such service. Annexed Load amounts that were served by
PBL under section 5(b) of the Northwest Power Act immediately prior to
becoming an Annexed Load will be provided service under rates, terms, and
conditions that. within the constraints of BPA's applicable policies, are as
comparable as possible to what such Annexed Load would have received if
the load had not become an Annexed Load. The Parties shall revise this
exhibit within 180 days of the request, to establish the rates, terms and
conditions for the requested service and to include monthly HLH and
LLH MWs in a table below. The table shall identify whether the amounts in
the table are deemed to be actual for billing purposes or whether lthe table is
an estimate with bills based on metered amounts.
(b) Environmentally Preferred Power
(1) Environmentally Preferred Power
PBL shall sell and Ashland shall purchase during Contract
Years 2002 through 2006 the Environmentally Preferred Power
established below. The Green Energy Premium that Ashland shall
pay PBL for such power is 4.20 dollars for CY 2002 and 2003, and
6.40 dollars per MWh for CY 2004 through 2006. The entire amount
of this Green Energy Premium shall qualify as an eligible expenditure
under the Conservation and Renewables Discount. "Environmentally
Preferred Power" means power deemed to be generated by generating
resources that are determined to have environmental benl~fits relative
to BP A system power. For purposes of this Agreement
Environmentally Preferred Power is deemed to be generated from the
following resources: (A) Idaho Falls Hydro Project; (B) Packwood
Hydro Project; and (C) Foote Creek Wind Project. PBL may. at any
time, add resources to this list that qualify as Environmentally
Preferred Power. PBL may also replace or delete resourC(JS in this list
if a resource that is included in the list is no longer available to PBL.
Any such changes shall be noted in the annual report PBL provides
Ashland about its Environmentally Preferred Power purchase.
OOPB-12008, Ashland
Revision No. I, Exhibit A, Rate Commitments
20f7
Contract Year
2002
2003
2004
2005
2006
Oct Nov Dec J an
Feb Mar Apr May Jun
(MWh)
JuJ
Aug Sept
745 720 744 744 672 744 719 744 720 744 744 720
745 720 744 744 672 744 719 744 720 744 744 720
745 720 744 744 672 744 719 744 720 744 744 720
745 720 744 744 672 744 719 744 720 744 744 720
745 720 744 744 672 744 r 719 744 720 744 744 720
(2) Northwest Public Interest Groups Endorsement
(A) The resources listed in section 4(b)(1) are endorsed by the
Natural Resources Defense Council, Northwest Energy
Coalition, and Renewable Northwest Project (North.west Public
Interest Groups) as being an environmentally preferred source
of electricity generation for electricity products. Ashland may
only use the following endorsement from the Northwest Public
Interest Groups to advertise, market, and promote
Environmentally Preferred Power to retail electric power
consumers inside Ashland's service territory:
'The Idaho Falls Project; Packwood Hydro Project; and the
Foote Creek Wind Project generating facilities are
environmentally preferred sources of electricity production,
based on our independent review of environmental impacts."
(B) Ashland agrees to make an additional payment after the end of
each Contract Year to the Bonneville Environmental
Foundation in exchange for the right to use the Northwest
Public Interest Groups endorsement. The amount of the
payment shall equal the total MWh of Environmentally
Preferred Power provided during the Contract Year multiplied
by 6.30 dollars for CY 2002 and 2003, and by 9.59 dollars per
MWh for CY 2004 through 2006. Payment is due by no later
than 20 days after Ashland receives the notice identified in
section 4(b)(3)(A). Such payments to the Bonneville
Environmental Foundation qualify as eligible expenditures for
the Conservation and Renewables Discount. The payment
shall be made by wire transfer to the following account:
Account Name:
Tax I D Number:
Bank Name:
Bonneville Environmental Foundation
93-1248274
Bank of the Northwest
600 Pioneer Tower
888 SW. Fifth Avenue
Portland, OR 97204
0108002777
123006680
Account Number:
ABA Routing:
OOPB-12008, Ashland
Revision No.1, Exhibit A, Rate Commitments
3 of?
(3) Disclosure, Reporting, and Adjustments
(A) For the period October 1, 2001 through September ao, 2003, by
no later than 30 days after the end of Contract Year 2003 PBL
shall provide Ashland with the following: (i) a statement that
discloses information on Environmentally Preferred Power; and
(ii) a notice that identifies the following for the period
October 1, 2001 thorugh September 30, 2003: the a.ctual
monthly amounts of Environmentally Preferred Power that
was provided to Ashland by each resource; the total actual
monthly power amounts generated by each resource; and the
total period October 1, 2001 through September 30, 2003 sales
from each resource.
(B) For the period October 1, 2001 through September 30,2003,
subject to section 4(b)(3)(C), if the Environmentally Preferred
Power provided to Ashland during the period October 1, 2001
through September 30, 2003 is less than the amounts specified
in section 4(b)(1), the difference shall be determined to have
been served with Contracted Power under the terms of this
Agreement. PBL shall adjust Ashland's power bill after the the
period October 1, 2001 through September 30, 200B to account
for such difference once the power amounts provided by the
resources during the period October 1, 2001 through
September 30,2003 are known.
(C) For the period October 1,2001 through September 30, 2003,
Ashland may request that PBL provide Ashland wllth
Environmentally Preferred Power contracted for during the
period October 1, 2001 through September 30, 2003 that was
not provided. Ashland must notify PBL of such request by no
later than two weeks after the notification specified in
section 4 (b) (3) (A) (ii) is received. By no later than E;O days after
September 30, 2003, if sufficient Environmentally Preferred
Power is available, PBL shall provide to Ashland,
Environmentally Preferred Power equal to the amount
contracted for during the period October 1, 2001 through
September 30, 2003 less the amount provided. If 8ufficient
Environmentally Preferred Power is not available, PBL shall
adjust Ashland's power bill consistent with section 4(b)(3)(B).
(D) Beginning with CY 2004, by no later than 30 days after the
end of each Contract Year, PBL shall provide Ashland with the
following: (i) a statement that discloses information on
Environmentally Preferred Power; and (ii) a notiCE~ that
identifies the following for each Contract Year: the actual
monthly amounts of Environmentally Preferred Power that
was provided to Ashland by each resource; the total actual
OOPB-12008, Ashland
Revision No.1, Exhibit A, Rate Commitments
40f7
monthly power amounts generated by each resource; and the
total annual sales from each resource.
(E) Beginning with CY 2004, subject to section 4(b)(3)(F'), ifthe
Environmentally Preferred Power provided to Ashland during
a Contract Year is less than the amounts specified in
section 4(b)(1), the difference shall be determined to have been
served with Contracted Power under the terms of this
Agreement. PBL shan adjust Ashland's power bill after the
end of each Contract Year to account for such diffemnce once
the power amounts provided by the resources during the
Contract Year are known.
(F) Beginning with CY 2004, Ashland may request that PBL
provide Ashland with Environmentally Preferred Power
contracted for during a Contract Year that was not provided.
Ashland must notify PBL of such request by no later than
two weeks after the notification specified in
section 4(b)(3)(D)(ii) is received. By no later than 60 days after
the end of the Contract Year, if sufficient Environmentally
Preferred Power is available, PBL shall provide to Ashland
Environmentally Preferred Power equal to the amount
contracted for during the Contract Year less the amount
provided. If sufficient Environmentally Preferred Power is not
available, PBL shall adjust Ashland's power bill consistent
with section 4(b)(3)(E).
(c) Returned Retail Load
Ashland may request service from PBL to serve Returned Retail Load. The
Parties shall revise this exhibit to establish monthly HLH and LLH MWs for
such service in a table below. The table shall identify whether the amounts
in the table are deemed to be actual for billing purposes or whether the table
is an estimate with bills based on metered amounts. PBL shall provide
service within 180 days of the request at rates BPA has established or
establishes as applicable to such loads. The rate treatment for sllch loads
shall continue through Contract Year 2006. Rate treatment after Contract
Year 2006 shall be determined in a future rate case.
(d) Load Previously Served By Ashland Northwest Power Act Sections
5(b)(1)(A) and/or 5(b)(1)(B) Resources
Ashland may request service from PBL to serve load that would otherwise be
served by Ashland's Northwest Power Act sections 5(b)(1)(A) resources and
5(b)(1)(B) generating resources and long-term contract resources that are
removed consistent with section 4(d) of Exhibit C, Net RequirementS. The
Parties shall revise this exhibit to establish monthly HLH and LLH MWs for
such service in a table below. The amounts are deemed to be actual for
billing purposes. PBL shall provide service within 180 days of the request at
rates BP A has established or establishes as applicable to such loads. The
rate treatment for such loads shall continue through Contract YI~ar 2006.
GGPB-120GB, Ashland
Revision No.1, Exhibit A, Rate Commitments
5of7
Rate treatment after Contract Year 2006 shall be determined in a future rate
case.
5. NEW LARGE SINGLE LOADS
(a) Ashland has no existing NLSL.
(b) Ashland may request service to a NLSL. The Parties shall revise this exhibit
to establish estimated monthly HLH and LLH MWh for such service in a
table below. If Ashland chooses to serve the NLSL with a resource the
resource shall be added consistent with section 4(f) of Exhibit C, Net
Requirements. The total amount subtracted from Total Retail Load in
section 4 of the body of this Agreement shall be the metered amount of the
load. The same metered amount shall be used by PBL for billing purposes
when PBL serves the entire NLSL.
6. REVISIONS
(fthis exhibit is inconsistent with BPA's 2002 PF Power Rate Schedule as finally
approved by FERC, the Parties shall make a good faith effort to amend this exhibit
so that it is consistent.
OOPB-12008, Ashland
Revision No.1, Exhibit A, Rate Commitments
6of7
The Parties shall update this exhibit to reflect necessary changes to establish new
rate choices consistent with the applicable future rate cases. This shall be done by
mutual agreement except as allowed in section 3 of this exhibit.
CITY OF ASHLAND
UNITED STATES OF AMERICA
Department of Energy
Bonneville Power Administration
By
By
~~L~
ccount Executive
Name
(Print/Type)
Date
Mr. Greg Scoles
q """:6""" I
Name
(Print/Type)
Date
Theresa E Rockwood
7-"J./, -t)/
(PBLLAN.W:\PSW\PM\11_16\Ashland\Revision No.1 Exhibit A 12008.DOC)
OOPB-12008, Ashland
Revision No.1, Exhibit A, Rate Commitments
7of7
Revision No.1
Exhibit A
RATE COMMITMENTS
This Revision No.1 includes Environmentally Preferred Power to Ashland's
purchase by changing section 4(b), Environmentally Preferred Power. 1'his is
effective October 1,2001.
1. DEFINITIONS
(a)
(b)
"5-Year Rates" means the Lowest PF Rates established in t~~
2002 Wholesale Power Rate Case for Contract Years 2002 ~~
"Lowest PF Rates" means the lowest applicable cost-based power rates
provided under the applicable PF rate schedule as applied to Ashland's
Contracted Power purchases under this Agreement. The Lowest PF Rates
shall be selected by Ashland from the PF rates that are available and from
which the Parties agree Ashland is eligible to purchase under at the time
Ashland makes its selection as specified in this exhibit.
2. PURCHASE DURATION
Ashland shall purchase all of the power provided in section 4 of the body of this
Agreement for the entire term of this Agreement.
3. PRIORITY FIRM POWER RATE TREATMENT
(a) "Right to Lowest PF Rates
Ashland is contractually guaranteed through September 30,201], the
Lowest PF Rates established in a successor BPA power rates proeeeding for
its PF Contracted Power purchases under this Agreement. This section shall
not be construed to waive, alter, or amend any right that Ashland may have
under applicable statutes.
(b) Revisions to Priority Firm Power Rates
BPA agrees that the 5-Year Rates available to Ashland consistent with this
exhibit shall not be subject to revision during their respective terms, except
for the application of a Cost Recovery Adjustment Clause or a Targeted
Adjustment Charge as provided in the PF applicable rates schedules and
GRSPs and this Agreement.
(c) 5-Year Rates Treatment
All Contracted Power purchases provided under section 4 of the body of this
Agreement are subject to the 5.Year Rates. The monthly energy rates for
Contracted Power are specified in sections II.B1 and Il.B2 in the section
labeled "Schedule PF-02 Priority Firm Power" in the 2002 Power Rate
Schedules.
Ashland must select a follow-on rate period and associated rates from those
offered by BP A, and notify PBL of its selection, by the later of:
OOPB-12008, Ashland
1 of 7
(1) six months prior to the expiration of the 5-Year Rates; or
(2) thirty (30) days after the date BPA's initial proposal for successor
rates is published.
Otherwise the follow-on rate period and associated rates shall be the shortest
rate period and associated rates that are applicable to Ashland.
(d) Cost-Based Indexed PF Rate and Flexible PF Rate Option
None.
4. SPECIAL PF LOAD TREATMENT
(a) Annexed Loads
Ashland may make a written request for service to Annexed Loads, including
a planned date for such service. Annexed Load amounts that werl:} served by
PBL under section 5(b) of the Northwest Power Act immediately prior to
becoming an Annexed Load will be provided service under rates, terms, and
conditions that, within the constraints of BPA's applicable policies., are as
comparable as possible to what such Annexed Load would have received if
the load had not become an Annexed Load. The Parties shall revise this
exhibit within 180 days of the request, to establish the rates, terms and
conditions for the requested service and to include monthly HLH lmd
LLH MWs in a table below. The table shall identify whether the amounts in
the table are deemed to be actual for billing purposes or whether the table is
an estimate with bills based on metered amounts.
(b) Environmentally Preferred Power
(1) Environmentally Preferred Power
PBL shall sell and Ashland shall purchase during Contract
Years 2002 through 2006 the Environmentally Preferred Power
established below. The Green Energy Premium that Ashland shall
pay PBL for such power is 4.20 dollars for CY 2002 and 2003, and
6.40 dollars per MWh for CY 2004 through 2006. The enti.re amount
of this Green Energy Premium shall qualify as an eligible expenditure
under the Conservation and Renewables Discount. "Environmentally
Preferred Power" means power deemed to be generated by generating
resources that are determined to have environmental benefits relative
to BP A system power. For purposes of this Agreement
Environmentally Preferred Power is deemed to be generated from the
following resources: (A) Idaho Falls Hydro Project; (B) Paekwood
Hydro Project; and (C) Foote Creek Wind Project. PBL may, at any
time, add resources to this list that qualify as Environmentally
Preferred Power. PBL may also replace or delete resourCE!S in this list
if a resource that is included in the list is no longer available to PBL.
Any such changes shall be noted in the annual report PBL provides
Ashland about its Environmentally Preferred Power purchase.
OOPB-12008, Ashland
Revision No.1, Exhibit A. Rate Commitments
20f7
Contract Year
2002
2003
2004
2005
2006
Oct Nov Dec J an
Feb Mar Apr May Jun
(MWh)
Jul
Aug Sept
745 720 744 744 672 744 719 744 720 744 744 720
745 720 744 744 672 744 719 744 720 744 744 720
745 720 744 744 672 744 719 744 720 744 744 720
745 720 744 744 672 744 719 744 720 744 744 720
745 1720 1744 744 1672 1744 719 744 720 744 744 1720
(2) Northwest Public Interest Groups Endorsement
(A) The resources listed in section 4(b)(1) are endorsed by the
Natural Resources Defense Council, Northwest Energy
Coalition, and Renewable Northwest Project (Northwest Public
Interest Groups) as being an environmentally preferred source
of electricity generation for electricity products. Ashland may
only use the following endorsement from the Northwest Public
Interest Groups to advertise, market, and promote
Environmentally Preferred Power to retail electric power
consumers inside Ashland's service territory:
'The Idaho Falls Project; Packwood Hydro Project; and the
Foote Creek Wind Project generating facilities are
environmentally preferred sources of electricity production,
based on our independent review of environmental impacts."
(B) Ashland agrees to make an additional payment afbElr the end of
each Contract Year to the Bonneville Environmental
Foundation in exchange for the right to use the Northwest
Public Interest Groups endorsement. The amount of the
payment shall equal the total MWh of Environmentally
Preferred Power provided during the Contract Year multiplied
by 6.30 dollars for CY 2002 and 2003, and by 9.59 dollars per
MWh for CY 2004 through 2006. Payment is due by no later
than 20 days after Ashland receives the notice identified in
section 4(b)(3)(A). Such payments to the Bonneville
Environmental Foundation qualify as eligible expenditures for
the Conservation and Renewables Discount. The payment
shall be made by wire transfer to the following account:
Account Name:
Tax ID Number:
Bank Name:
Bonneville Environmental Foundation
93-1248274
Bank of the Northwest
600 Pioneer Tower
888 SW. Fifth Avenue
Portland, OR 97204
0108002777
123006680
Account Number:
ABA Routing:
OOPB-12008, Ashland
Revision No.1, Exhibit A, Rate Commitments
30f7
(3) Disclosure, Reporting, and Adjustments
(A) For the period October 1, 2001 through September ao, 2003, by
no later than 30 days after the end of Contract Year 2003 PBL
shall provide Ashland with the following: (i) a statement that
discloses information on Environmentally Preferred Power; and
(ii) a notice that identifies the following for the period
October 1, 2001 thorugh September 30,2003: the a,ctual
monthly amounts of Environmentally Preferred Power that
was provided to Ashland by each resource; the total actual
monthly power amounts generated by each resource; and the
total period October 1, 2001 through September 30,2003 sales
from each resource.
(B) For the period October 1,2001 through September 30, 2003,
subject to section 4(b)(3)(C), if the Environmentally Preferred
Power provided to Ashland during the period October 1, 2001
through September 30, 2003 is less than the amounts specified
in section 4(b)(1), the difference shall be detennined to have
been served with Contracted Power under the terms of this
Agreement. PBL shall adjust Ashland's power bill after the the
period October 1,2001 through September 30,2003 to account
for such difference once the power amounts provided by the
resources during the period October I, 2001 through
September 30, 2003 are known.
(C) For the period October 1,2001 through September 30,2003,
Ashland may request that PBL provide Ashland with
Environmentally Preferred Power contracted for during the
period October 1, 2001 through September 30, 200:3 that was
not provided. Ashland must notify PBL of such req:uest by no
later than two weeks after the notification specified in
section 4(b)(3)(A)(ii) is received. By no later than 60 days after
September 30, 2003, if sufficient Environmentally Preferred
Power is available, PBL shall provide to Ashland,
Environmentally Preferred Power equal to the amount
contracted for during the period October 1, 2001 through
September 30, 2003 less the amount provided. If sufficient
Environmentally Preferred Power is not available, PBL shall
adjust Ashland's power bill consistent with section 4(b)(3)(B).
(D) Beginning with CY 2004, by no later than 30 days after the
end of each Contract Year, PBL shall provide Ashland with the
following: (i) a statement that discloses information on
Environmentally Preferred Power; and (ii) a notice that
identifies the following for each Contract Year: the actual
monthly amounts of Environmentally Preferred Power that
was provided to Ashland by each resource; the totaJ actual
OOPB-12008, Ashland
Revision No.1, Exhibit A, Rate Commitments
40f7
monthly power amounts generated by each resource; and the
total annual sales from each resource.
(E) Beginning with CY 2004, subject to section 4(b)(3)(F), if the
Environmentally Preferred Power provided to Ashland during
a Contract Year is less than the amounts specified in
section 4(b)(1), the difference shall be determined to have been
served with Contracted Power under the terms of this
Agreement. PBL shaH adjust Ashland's power bill after the
end of each Contract Year to account for such diffemnce once
the power amounts provided by the resources durinl~ the
Contract Year are known.
(F) Beginning with CY 2004, Ashland may request that PBL
provide Ashland with Environmentally Preferred Power
contracted for during a Contract Year that was not provided.
Ashland must notify PBL of such request by no later than
two weeks after the notification specified in
section 4(b)(3)(D)(ii) is received. By no later than 60 days after
the end of the Contract Year, if sufficient Environmentally
Preferred Power is available, PBL shall provide to Ashland
Environmentally Preferred Power equal to the amount
contracted for during the Contract Year less the amount
provided. If sufficient Environmentally Preferred Power is not
available, PBL shall adjust Ashland's power bill consistent
with section 4(b)(3)(E).
(c) Returned Retail Load
Ashland may request service from PBL to serve Returned Retail Load. The
Parties shall revise this exhibit to establish monthly HLH and LLH MWs for
such service in a table below. The table shall identify whether the amounts
in the table are deemed to be actual for billing purposes or whether the table
is an estimate with bills based on metered amounts. PBL shall provide
service within 180 days of the, request at rates BP A has established or
establishes as applicable to such loads. The rate treatment for such loads
shall continue through Contract Year 2006. Rate treatment after Contract
Year 2006 shall be determined in a future rate case.
(d) Load Previously Served By Ashland Northwest Power Act Sections
5(b)(1)(A) and/or 5(b)(I)(B) Resources
Ashland may request service from PBL to serve load that would otherwise be
served by Ashland's Northwest Power Act sections 5(b)(I)(A) resources and
5(b)(l)(B) generating resources and long-term contract resources that are
removed consistent with section 4(d) of Exhibit C, Net Requireml~ntS. The
Parties shall revise this exhibit to establish monthly HLH and LLH MWs for
such service in a table below. The amounts are deemed to be actual for
billing purposes. PBL shall provide service within 180 days of the request at
rates BP A has established or establishes as applicable to such loads. The
rate treatment for such loads shall continue through Contract Y(!ar 2006.
00PB-12008, Ashland
Revision No.1, Exhibit A, Rate Commitments
5of7
Rate treatment after Contract Year 2006 shall be determined in a future rate
case.
5. NEW LARGE SINGLE LOADS
(a) Ashland has no existing NLSL.
(b) Ashland may request service to a NLSL. The Parties shall revise this exhibit
to establish estimated monthly HLH and LLH MWh for such service in a
table below. If Ashland chooses to serve the NLSL with a resource the
resource shall be added consistent with section 4(f) of Exhibit C, Net
Requirements. The total amount subtracted from Total Retail Load in
section 4 of the body of this Agreement shall be the metered amount of the
load. The same metered amount shall be used by PBL for billing purposes
when PBL serves the entire NLSL.
6. REVISIONS
(fthisexhibit is inconsistent with BPA's 2002 PF Power Rate Schedule as finally
approved by FERC, the Parties shall make a good faith effort to amend this exhibit
so that it is consistent.
OOPB-12008, Ashland
Revision No.1, Exhibit A, Rate Commitments
6of7
The Parties shall update this exhibit to reflect necessary changes to establish new
rate choices consistent with the applicable future rate cases. This shall be done by
mutual agreement except as allowed in section 3 of this exhibit.
CITY OF ASHLAND
UNITED STATES OF AMERICA
Department of Energy
Bonneville Power Administration
By
By
~_ L.g"j~
ccount Executive
Name
(Print/Typ,,)
Date
Mr. Gref{ Scoles
q ....,~....C I
Name
(Print/Type)
Date
Theresa E Rockwood
7-d.~ -0/
(PBLLAN.W:\PSw\PM\l C16\Asbland\Revision No.1 Exhibit A 12008.DOC)
OOPB-12008, Ashland
Revision No. I, Exhibit A, Rate Commitments
7of7
~~,
CITY RECORDER'S COpy
CITY Of
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 006586
BONNEVILLE ENVRIONMENT AL FOUND
133 SW 2ND AVE, SUITE 410
PORTLAND, OR 97204
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
2005 Portion of Environmentally
Preferred Power, 1.0 a MW Green Power
Invoice EPP2005-2, November 4, 2005
Initial Contract #99PB-1 0630
Environmentally Preferred Power
AQreement executed by BPA and City of
Ashland
Initial term: July 1, 2000 to Sept 30,
2001
Revision No.1, Exhibit A, Rate
Commitments - Extended contract with
"5-Year Rates" throuQh 2006
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
45 990.00
~ 1/ ~
# / ,'/S/Oj
A orized Signature
. DATE
11/15/2005
E. PONUMBER
06447
SHIP TO: Ashland Electric Department
(541) 488-5354
90 N MOUNTAIN
ASHLAND, OR 97520
Req. No.:
Dept.: ELECTRIC
Contact: Dick Wanderscheid
Confirming? No
SlIBTOTAL
TAX
FREIGHT
TOTAL
Page 1 / 1
45,990.00
45990.00
0.00
0.00
45,990.00
VENDOR COPY
CITY OF
ASHLAND
REQUISITION FORM
THIS REQUEST IS A:
D Change Order(existing PO #
Date of Request: 11t/t~/o;-"1
Required Date of Delivery/Service: Ill'/dF/or- I
130" IV ell t l- '- E: i3" AI V vito N M,EVT Jt '--
'~3 2> <-J :;.. j/.O Aile.. -~~
(JOJ'Li /;...~AJf)J oFt 'l~
5'03 -~<i8J-/qOr
503-;tLte - 'fOe
FOCUJD4TlOTJ
/itD
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
SOLICITATION PROCESS
Small Procurement D Sole Source D Invitation to Bicl
D Less than $5,000 D Written findings attached (Copies on file)
D Quotes (Not required)
Cooperative Procurement D Reauest for Prctposal
D State of ORfWA contract (Copies on file)
Intermediate Procurement ps:r Other gov~ncy contract 5'~ G~ D Special I Exemllt
D (3) Written Quotes f~ . ,;U)C)/- P. b D Written findings attached
(Copies attached) D Copy of contract attached D
Emeraencv
D Contract # D Written findings attached
Description of SERVICES
~r (9~ f'~ ~ w BI't4
D Per attached PROPOSAL
Item #
Quantity
Unit
Description of MATERIALS
Unit Price
Total Cost
Project Number ______. ___
D Per attached QUOTE
Account Number~!~. iL.!.5:. QI}. fR_O_~.L?o
'Items and services must be charged to the appropriate account numbers for the Financials to reflect the actual expenditures accurately.
By signing this requisition form, I certify that the information provided above meets the City of Ashland public contracting requirements,
and the documentation can be provided upon request.
Employee Signature:
Supervisor/Depl Head Signature: ~
G: FinancelProcedurelAPIFormsl8_Requisition form revised.doc
Updated on: 7/13/2005