HomeMy WebLinkAbout2025-124 AGRMT Bonneville Power Administration ENT OFF��� Department of Energy
o Bonneville Power Administration
PO Box 3621
2�F Portland, Oregon 97208-3621
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POWER SERVICES
October 22, 2025
In reply refer to: PSE-6
Ms. Sabrina Cotta
City Manager
The City of Ashland
20 E Main Street
Ashland, OR 97520-1814
RE: Provider of Choice Fully Executed Contract
Dear Ms. Cotta:
A fully executed original of Power Sales Agreement, Contract No. 26PS-25001 (Agreement),
between the Bonneville Power Administration and City of Ashland is attached for your records.
This new Agreement provides for power service from October 1, 2028 through
September 30, 2044.
This contract reflects years of regional collaboration, represents a historic accomplishment, and
forges our continued relationship. I look forward to continuing to work with you in the future.
If you have any questions,please contact me at(503) 230-4585.
Sincerely,
Digitally signed by KEVIN
MOZENA
._- G ---- Date:2025.10.23
14:52:03-07'00'
Kevin Mozena
Account Executive
Attachment
cc: Tom McBartlett, Director of Electric Utilities
Contract No. 26PS-25001
POWER SALES AGREEMENT
executed by the
BONNEVILLE POWER ADMINISTRATION
and
CITY OF ASHLAND
Table of Contents
1. TERM.........................................................................................................................2
2. DEFINITIONS........................................................................................................... 3
3. LOAD FOLLOWING POWER PURCHASE OBLIGATION..................................... 12
4. THIS SECTION INTENTIONALLY LEFT BLANK................................................23
5. THIS SECTION INTENTIONALLY LEFT BLANK................................................23
6. PUBLIC RATE DESIGN METHODOLOGY............................................................23
7. CONTRACT HIGH WATER MARKS.......................................................................24
8. APPLICABLE RATES..............................................................................................24
9. ELECTIONS TO PURCHASE POWER PRICED AT TIER 2 RATES......................25
10. TIER 2 REMARKETING AND RESOURCE REMOVAL.........................................25
11. RIGHT TO CHANGE PURCHASE OBLIGATION..................................................28
12. BILLING CREDITS AND RESIDENTIAL EXCHANGE.........................................32
13. SCHEDULING.........................................................................................................32
14. DELIVERY...............................................................................................................33
15. METERING..............................................................................................................39
16. BILLING AND PAYMENT....................................................................................... 42
17. INFORMATION EXCHANGE AND CONFIDENTIALITY......................................43
18. UNCONTROLLABLE FORCES...............................................................................47
19. GOVERNING LAW AND DISPUTE RESOLUTION...............................................48
20. STATUTORY PROVISIONS.................................................................................... 50
21. STANDARD PROVISIONS......................................................................................61
22. PARTICIPATION IN WRAP.................................................................................... 63
23. FUTURE AMENDMENT FOR DAY-AHEAD MARKET IMPLEMENTATION......64
24. TERMINATION........................................................................................................65
25. SIGNATURES..........................................................................................................65
Exhibit A Net Requirements and Resources
Exhibit B Contract High Water Marks
Exhibit C Purchase Obligations
Exhibit D Additional Products and Special Provisions
Exhibit E Metering
Exhibit F Transmission Scheduling Service
Exhibit G Terms Related to Transfer Service
Exhibit H Renewable Energy Certificates and Environmental Attributes
Exhibit I Notices and Contact Information
Exhibit J Support Services;Additional Resource and Energy Storage Device Requirements
This POWER SALES AGREEMENT (Agreement) is executed by the UNITED
STATES OF AMERICA, Department of Energy, acting by and through the BONNEVILLE
POWER ADMINISTRATION (BPA), and CITY OF ASHLAND (Ashland), hereinafter
individually referred to as "Party" and collectively referred to as the"Parties". Ashland is a
municipal corporation, organized and authorized under the laws of the State of Oregon, to
purchase and distribute electric power to serve retail consumers from its distribution
system within its service area.
RECITALS
Ashland's power sales agreement Contract No. 09PB-13002 continues through
September 30, 2028, and power sales under this Agreement begin on October 1, 2028. All
obligations and liabilities accrued under Contract No. 09PB-13002 are preserved until
satisfied.
BPA is a functionally separated organization with distinct administrative and
decision-making activities for BPA's power and transmission functions. References in this
Agreement to Power Services or Transmission Services are solely for the purpose of
clarifying which BPA function is responsible for such administrative and decision-making
activities.
BPA is authorized to market electric power to qualified entities eligible to purchase
such power. Under Section 5(b)(1) of the Pacific Northwest Electric Power Planning and
Conservation Act(Northwest Power Act), 16 U.S.C. § 839c(b)(1), BPA is obligated to offer a
power sales agreement to any eligible customer for the sale and purchase of electric power
to serve the customer's regional consumer load not served by the customer's resources.
In the final Provider of Choice Policy, March 2024 BPA proposed to develop the
contracts requested under Section 5(b) of the Northwest Power Act consistent with a tiered
rates pricing construct for the Section 7(b)rate,in order to provide signals and to encourage
the timely development of regional power resource infrastructure to meet regional
consumer loads under this Agreement.
This Agreement effectuates a Contract High Water Mark (CHWM) for Ashland that
establishes the amount of power Ashland may purchase from BPA at Tier 1 Rates.
The Parties agree:
1. TERM
This Agreement takes effect on the date signed by the Parties and expires on
September 30, 2044. This Agreement is subject to approval of the United States
Department of Agriculture Rural Utilities Service until December 31, 2026.
Ashland shall send any documentation of such approval to BPA. Power sales by
BPA to Ashland under this Agreement shall commence on October 1, 2028, provided
26PS-25001,Ashland 2
that the Parties have completed any obligations required between the Effective Date
and October 1, 2028 as specified under this Agreement.
Until October 1, 2028, section 19, Governing Law and Dispute Resolution will only
apply to the extent there is a dispute regarding actions required under this
Agreement that occur prior to October 1, 2028.
All obligations and liabilities accrued under this Agreement are preserved until
satisfied.
2. DEFINITIONS
Capitalized terms below shall have the meaning stated. Capitalized terms that are
not listed below are either defined within the section or exhibit in which the term is
used, or if not so defined, shall have the meaning stated in BPA's applicable Power
Rate Schedules, including the General Rate Schedule Provisions (GRSPs) or Public
Rate Design Methodology (PRDM). Definitions in bold indicate terms that are both
defined in the PRDM and that the Parties agree should conform to the PRDM as it
may be revised. The Parties agree that if such definitions are revised pursuant to
the PRDM, then BPA shall promptly and unilaterally amend this Agreement to
incorporate such revised definitions from the PRDM, to the extent they are
applicable.
2.1 "5(b)/9(c) Policy" means BPA's Policy on Determining Net Requirements of
Pacific Northwest Utility Customers Under Sections 5(b)(1) and 9(c) of the
Northwest Power Act issued May 23, 2000, and its revisions or successors.
2.2 "7(i) Process" means a public process conducted by BPA, pursuant to
Section 7(i) of the Northwest Power Act, 16 U.S.C. § 839e(i), or its successor,
to establish rates for the sale of power and other products.
2.3 "Above-CHWM Load" means the forecasted portion of a customer's
Preliminary Net Requirement that is in excess of the customer's CHWM, if
any, as determined in the Above-CHWM Load Process.
2.4 "Above-CHWM Load Process" means the public process conducted during
each Forecast Year, in which BPA will calculate the following values for the
upcoming Rate Period: (1) each customer's Preliminary Net Requirement;
(2) adjusted CHWMs; and (3) each customer's Above-CHWM Load.
2.5 "Annexed Load" means existing load, distribution system (regardless of
voltage), or service territory Ashland acquires after the Effective Date from
another utility, by means of annexation, merger, purchase, trade, or other
acquisition of rights, the acquisition of which BPA determines is consistent
with BPA's standards of service and has been authorized by agreement
between the impacted utilities or by a final state, regulatory, or court action.
The Annexed Load must be served from distribution facilities of any voltage
that are owned or acquired by Ashland.
2.6 "Attribute Pools" shall have the meaning as defined in section 2 of Exhibit H.
26PS-25001,Ashland 3
2.7 "Average Megawatts" or "aMW" means the amount of electric energy in
megawatt-hours (MWh) during a specified period of time divided by the
number of hours in such period.
2.8 "Balancing Authority" shall have the meaning as defined in section 1 of
Exhibit F.
2.9 "Balancing Authority Area" shall have the meaning as defined in section 1 of
Exhibit F.
2.10 "Block" or "Block Product" means a planned amount of Firm Requirements
Power sold to a customer to meet a portion of its regional consumer load.
2.11 "Business Day(s)" means every Monday through Friday, except federal
holidays.
2.12 "CHWM Contract" means the power sales agreement between a customer
and BPA that contains a Contract High Water Mark (CHWM), and under
which the customer purchases power from BPA at rates established by BPA
in accordance with the PRDM.
2.13 "Committed Power Purchase Amount" means an amount of firm energy,
listed in sections 3 and 4 of Exhibit A, that Ashland has agreed to supply and
use to serve its Total Retail Load. Such amount is not attributed to a
Specified Resource.
2.14 "Consumer-Owned Resource" means a Generating Resource connected to
Ashland's distribution system(regardless of voltage) from which the output is
owned by a retail consumer, has a nameplate capability greater than
1.000 megawatt,is operated to serve load, and is not operated occasionally or
intermittently as a back-up energy source at times of maintenance or forced
outage. Consumer-Owned Resource does not include a resource where the
owner of the resource is a retail consumer that exists solely for the purpose of
selling wholesale power and for which Ashland only provides incidental
station service energy for local use at the retail consumer's generating plant
for uses such as lighting, heat and the operation of auxiliary equipment.
2.15 "Contracted For, or Committed To" or "CF/CT" shall have the meaning as
described in section 20.3.1.1.
2.16 "Contract High Water Mark" or "CHWM" means the amount of Firm
Requirements Power (expressed in annual Average Megawatts) that a
customer is eligible to access at Tier 1 Rates. The amount of Firm
Requirements Power a customer purchases at Tier 1 Rates is limited to the
lesser of its CHWM or its Net Requirement as established consistent with
section 1 of Exhibit A.
26PS-25001,Ashland 4
2.17 "Contract High Water Mark (CHWM) Implementation Policy" means the
policy that documents the process details around the FY 2026 CHWM
Calculation Process and Above-CHWM Load Process.
2.18 "Cumulative Prior Load" shall have the meaning as established in
section 20.3.5.2.
2.19 "Cycle" shall have the meaning as defined in section 6 of Exhibit J.
2.20 "Cycles per Day" shall have the meaning as defined in section 6 of Exhibit J.
2.21 "Dedicated Resource" means a Specified Resource or a Committed Power
Purchase Amount listed in Exhibit A that Ashland is required by statute to
provide or obligates itself to provide under this Agreement for use to serve its
Total Retail Load.
2.22 "Dispatchable Resource" means a Specified Resource from which generation
amounts can be intentionally increased or decreased by the resource owner or
operator, and which has capacity capability greater than the energy
capability as defined in Exhibit J.
2.23 "Diurnal' means the division of hours within a month between Heavy Load
Hours (HLH) and Light Load Hours (LLH).
2.24 "Due Date" shall have the meaning as described in section 16.2.
2.25 "Effective Date" means the date on which this Agreement has been signed by
both Ashland and BPA.
2.26 "Electronic Tag" or "E-Tag" shall have the meaning as defined in section 1 of
Exhibit F.
2.27 "Eligible Annexed Load" shall have the meaning as defined in section 3.5.7.
2.28 "Emissions Allowance" shall have the meaning as defined in section 2 of
Exhibit H.
2.29 "Energy Storage Device" or "ESD" means a facility used to hold generated
electric energy for release at a later time. Energy Storage Devices include
energy storage facilities such as batteries. In Exhibit J, BPA documents
Energy Storage Devices with alternating current (AC) nameplates (in some
cases stated as facility interconnection AC nameplates) greater than
1.000 megawatt.
2.30 "Environmental Attribute Accounting Process" shall have the meaning as
defined in section 2 of Exhibit H.
2.31 "Environmental Attributes" shall have the meaning as defined in section 2 of
Exhibit H.
26PS-25001,Ashland 5
2.32 "Existing Resource" means a Specified Resource listed in section 2 of
Exhibit A that Ashland was obligated by contract or statute to use to serve
Ashland's Total Retail Load prior to October 1, 2023.
2.33 "Federal Columbia River Power System" or "FCRPS" means the integrated
power system that includes, but is not limited to, the transmission system
constructed and operated by BPA and the hydroelectric dams in the Pacific
Northwest constructed and operated by the U.S. Army Corps of Engineers
and the Bureau of Reclamation.
2.34 "FERC" means the Federal Energy Regulatory Commission, or its successor.
2.35 "Firm Requirements Power" means electric power that BPA sells under this
Agreement and makes continuously available to Ashland to meet BPA's
obligations to Ashland under Section 5(b) of the Northwest Power Act.
2.36 "Fiscal Year" or"FY" means the period beginning each October 1 and ending
the following September 30.
2.37 "Fiscal Year Transfer Cap" shall have the meaning as defined in section 1 of
Exhibit G.
2.38 "Flat Annual Shape" means a distribution of energy having the same Average
Megawatt value of energy in each month of the year.
2.39 "Flat Within-Month Shape" means a distribution of energy having the same
Average Megawatt value of energy in each Diurnal period of the month.
2.40 "Forecast Year" means the Fiscal Year ending one full year prior to the
commencement of a Rate Period.
2.41 "FY 2026 CHWM Calculation Process" means the public process where BPA
shall calculate each customer's CHWM in accordance with section 2.4 of the
Provider of Choice Policy, March 2024, as amended or revised.
2.42 "Generating Resource" means any source or amount of electric power from an
identified electricity-producing unit, and for which the amount of power
received by Ashland or Ashland's retail consumer is determined by the power
produced from such identified electricity-producing unit. Such unit may be
owned by Ashland or Ashland's retail consumer in whole or in part, or all or
any part of the output from such unit may be owned for a defined period by
contract.
2.43 "Heavy Load Hours" or"HLH" shall have the meaning as defined in section 1
of Exhibit F.
26PS-25001,Ashland 6
2.44 "HLH Diurnal Shape" means a distribution of energy between the Diurnal
periods in which more megawatt-hours per hour are applied in the Heavy
Load Hour(HLH) periods than megawatt-hours per hour applied in the Light
Load Hour (LLH) periods. Such distributions are determined by Ashland
consistent with section 8 of Exhibit A.
2.45 "Hours of Maximum Discharge" shall have the meaning as defined in
section 6 of Exhibit J.
2.46 "Initial Transfer Study Deposit" shall have the meaning as defined in
Exhibit G.
2.47 "Interchange Points" shall have the meaning as defined in section 1 of
Exhibit F.
2.48 "Inventory" or"Inventories" shall have the meaning as defined in section 2 of
Exhibit H.
2.49 "Issue Date" shall have the meaning as described in section 16.1.
2.50 "Joint Operating Entity" or "JOE" means an entity that meets the
requirements of Section 5(b)(7) of the Northwest Power Act.
2.51 "Last Transfer Segment" shall have the meaning as defined in section 1 of
Exhibit G.
2.52 "Light Load Hours" or "LLH" shall have the meaning as defined in section 1
of Exhibit F.
2.53 "Low Voltage Segment" means the facilities of a Third-Party Transmission
Provider that are below 34.5kV.
2.54 "Maximum Charge Rate" shall have the meaning as defined in section 6 of
Exhibit J.
2.55 "Maximum Potential CHWM" shall have the meaning as defined in
section 1.2.5 of Exhibit B.
2.56 "Maximum Single Hour Discharge" shall have the meaning as defined in
section 6 of Exhibit J.
2.57 "Net Requirement" means the amount of electric power that a customer may
purchase from BPA to serve its Total Retail Load, minus amounts of its
Dedicated Resources shown in Exhibit A, as determined consistent with
Section 5(b)(1) of the Northwest Power Act.
2.58 "Network Load" shall have the meaning as defined in section 1 of Exhibit G.
26PS-25001,Ashland 7
2.59 "Network Resource" shall have the meaning as defined in section 1 of
Exhibit G.
2.60 "New Large Single Load" or "NLSL" shall have the meaning as specified in
Section 3(13) of the Northwest Power Act and in the April 2001 Bonneville
Power Administration New Large Single Load Policy or its successor (BPA's
NLSL Policy).
2.61 "New Resource" means: (1) a Specified Resource listed in section 2 of
Exhibit A that Ashland was or is obligated by contract to use to serve
Ashland's Total Retail Load after September 30, 2023, and (2) any
Committed Power Purchase Amounts listed in Exhibit A.
2.62 "New Resource Rate" or "NR Rate" means the rate for requirements firm
power sold to an investor-owned utility (IOU) or public customer pursuant to
Section 7(f) of the Northwest Power Act, 16 U.S.C. § 839e(c).
2.63 "Northwest Power Act" means the Pacific Northwest Electric Power Planning
and Conservation Act, 16 U.S.C. § 839 et seq., Public Law No. 96-501, as
amended.
2.64 "On-Site Consumer Load" means the load of an identified retail consumer of
Ashland that is electrically interconnected at the same Point of Delivery to
Ashland's system with a Consumer-Owned Resource of that same identified
retail consumer. Such load does not utilize BPA or Third-Party Transmission
Provider transmission facilities to deliver the generation from the Consumer-
Owned Resource to the consumer load.
2.65 "Open Access Transmission Tariff' or "OATT" shall have the meaning as
defined in section 1 of Exhibit F.
2.66 "Peak Load Variance Service" or "PLVS" means a resource-capacity planning-
based service for instances when planned load exceeds expected load forecast
values.
2.67 "Planned NLSL" means the load at a facility that BPA and a customer have
agreed, pursuant to the provisions of Section V.B. of BPA's NLSL Policy, is
expected to become an NLSL during the facility's next consecutive 12-month
monitoring period.
2.68 "Planned Transmission Outage" shall have the meaning as defined in
section 1 of Exhibit F.
2.69 "Point of Delivery" or "POD" means the point where power is transferred
from a transmission provider to Ashland.
2.70 "Point of Metering" or "POM" means the point at which power is measured.
26PS-25001,Ashland 8
2.71 "Potential NLSL" means a load at a facility that BPA determines is capable of
growing ten Average Megawatt or more in a consecutive 12-month
monitoring period that may qualify as an NLSL.
2.72 "Power Services" means the organization, or its successor organization,
within BPA that is responsible for the management and sale of BPA-provided
electric power.
2.73 "Preliminary Net Requirement" means a customer's annual Net
Requirement prior to accounting for any New Resources a customer may elect
to serve its Above-CHWM Load. Preliminary Net Requirement is determined
as the forecasted annual Total Retail Load less Existing Resources, NLSLs,
Specified Resources added to Tier 1 Allowance Amount, and Consumer-
Owned Resources serving On-Site Consumer Load, as determined in the
Above-CHWM Load Process.
2.74 "Primary Points of Receipt" shall have the meaning as defined in section 14.1.
2.75 "Public Rate Design Methodology" or "PRDM" means the methodology
describing the manner in which BPA will collect a portion of its Power
Revenue Requirement from public customers with a CHWM Contract
through a combination of charges, credits, fees, and discounts, as well as the
terms and conditions related to any potential changes to the methodology.
2.76 "Qualified Capacity Contribution" or "QCC" means the megawatt quantity of
capacity provided by a resource, contract, or portfolio as defined by the
Western Resource Adequacy Program (WRAP).
2.77 "Rate Case Year" means the Fiscal Year ending prior to the commencement
of a Rate Period. The Rate Case Year immediately follows the Forecast Year
and is the year in which the 7(i) Process for the next Rate Period is
conducted.
2.78 "Rate Period" means the period of time during which a specific set of rates
established by BPA pursuant to the PRDM is intended to remain in effect.
2.79 "Region" means the Pacific Northwest as defined in Section 3(14) of the
Northwest Power Act.
2.80 "Renewable Energy Certificates" or "Renewable Energy Credits" or "RECs"
shall have the meaning as defined in section 2 of Exhibit H.
2.81 "Retire" or "Retirement" shall have the meaning as defined in section 2 of
Exhibit H.
2.82 "Resource Diurnal Shape" means a distribution of energy within each
Diurnal period that a Specified Resource is expected to produce, as agreed to
by the Parties in accordance with section 3.4.1(1).
26PS-25001,Ashland 9
2.83 "Resource Monthly Shape" means a distribution of energy within each month
that a Specified Resource is expected to produce, as agreed to by the Parties
in accordance with section 3.4.1(1).
2.84 "Resource Support Services" or "RSS" means a suite of services BPA Power
Services provides to integrate federal and non-federal resources defined in
Exhibit J and priced in each regular 7(i) Process consistent with chapter 6 of
the PRDM.
2.85 "Round Trip Efficiency" shall have the meaning as defined in section 6 of
Exhibit J.
2.86 "Scheduling Points of Receipt" shall have the meaning as defined in
section 14.1.
2.87 "Slice/Block Product" means a customer's purchase obligation under the Slice
Product and the Block Product to meet its regional consumer load obligation
as described in section 3.1 of the Slice/Block Product CHWM Contract.
2.88 "Slice Percentage" means the percentage used to determine the amount of the
Slice Product a customer purchases, pursuant to its CHWM Contract.
2.89 "Slice Product" means the power product defined in section 5 of the
Slice/Block Product CHWM Contract.
2.90 "Small Utility Adjustment" means the subsequent CHWM adjustment as
provided in section 2.4.2.1 of the Provider of Choice Policy, March 2024, as
amended or revised.
2.91 "Specified Resource" means a Generating Resource that has a nameplate
capability or maximum hourly purchase amount greater than
1.000 megawatt, that a customer is required by statute or has agreed to use
to serve its Total Retail Load. Each such resource is identified as a specific
Generating Resource listed in sections 2 and 4 of Exhibit A.
2.92 "Storage Capacity" shall have the meaning as defined in section 6 of
Exhibit J.
2.93 "Submitted Schedule" shall have the meaning as defined in section 3.7.
2.94 "Support Services" means a suite of services Power Services provides to
customers,including RSS and other Support Services, as defined in Exhibit J
and priced in each 7(i) Process consistent with chapter 6 of the PRDM.
2.95 "Surplus Firm Power" means firm power that is in excess of BPA's
obligations, including those incurred under Sections 5(b), 5(c),and 5(d) of the
Northwest Power Act, as available.
26PS-25001,Ashland 10
2.96 "Third-Party Transmission Provider" means a transmission provider other
than BPA that provides transmission service to serve Ashland's load.
2.97 "Tier 1 Allowance Amount" means the aggregate total nameplate capacity of
qualifying Specified Resources listed in section 2 of Exhibit A that Ashland is
applying to offset its purchase obligation in accordance with section 3.5.2.
2.98 "Tier 1 Marginal Energy True-Up" means an end-of-Fiscal-Year process
that evaluates the difference between forecast and actual energy usage and
aligns that difference with appropriate Tier 1 Rate and market-based pricing
levels, as described in chapter 4.2 of the PRDM.
2.99 "Tier 1 Rate(s)" shall have the meaning as described in chapter 4 of the
PRDM.
2.100 "Tier 2 Long-Term Rate" means a Tier 2 Rate at which customers may elect
to purchase Firm Requirements Power in accordance with section 2.3 of
Exhibit C.
2.101 "Tier 2 Rate(s)" shall have the meaning as described in chapter 5 of the
PRDM.
2.102 "Tier 2 Short-Term Rate" means a Tier 2 Rate at which customers may elect
to purchase Firm Requirements Power in accordance with section 2.4 of
Exhibit C.
2.103 "Tier 2 Vintage Rate" means a Tier 2 Rate(s) at which customers may elect to
purchase Firm Requirements Power in accordance with section 2.5 of
Exhibit C.
2.104 "Total Retail Load" or "TRL" means all retail electric power consumption,
including electric system losses, within a customer's electrical system,
excluding:
(1) those loads BPA and the customer have agreed are non-firm or
interruptible loads,
(2) loads of other utilities served by such customer, and
(3) any loads not on such customer's electrical system or not within such
customer's service territory, unless specifically agreed to by BPA.
2.105 "Transfer Market Purchase" shall have the meaning as defined in section 1 of
Exhibit G.
2.106 "Transfer Service" means the transmission, distribution and other services
provided by a Third-Party Transmission Provider to BPA to serve customer
load over its transmission system, as listed in Exhibit E.
26PS-25001,Ashland 11
2.107 "Transfer Request" shall have the meaning as defined in section 1 of
Exhibit G.
2.108 "Transfer Service Eligible Resource" means any (1) Dedicated Resource
serving Total Retail Load, (2) Consumer-Owned Resource serving On-Site
Consumer Load, or (3) any new non-federal resource pursuant to
section 14.6.7.2.
2.109 "Transfer Study" shall have the meaning as defined in section 1 of Exhibit G.
2.110 "Transmission Curtailment" shall have the meaning as defined in section 1 of
Exhibit F.
2.111 "Transmission Curtailment Management Service" or "TOMS" shall have the
meaning as defined in section 1 of Exhibit F.
2.112 "Transmission Event" shall have the meaning as defined in section 1 of
Exhibit F.
2.113 "Transmission Scheduling Service" or "TSS" shall have the meaning as
defined in section 1 of Exhibit F.
2.114 "Transmission Scheduling Service-Full" or"TSS-Full" shall have the meaning
as defined in section 1 of Exhibit F.
2.115 "Transmission Services" means the organization, or its successor
organization,within BPA that is responsible for the management and sale of
transmission service on the Federal Columbia River Transmission System.
2.116 "Transmission System Delivery Plan" or "Delivery Plan" means the plan for
each Dedicated Resource serving Ashland's load or Consumer-Owned
Resource serving On-Site Consumer Load that states the transmission
system of the load that resource will serve.
2.117 "Uncontrollable Force" shall have the meaning as defined in section 18.
2.118 "Vintage Resource" shall have the meaning as defined in section 2.5 of
Exhibit C.
3. LOAD FOLLOWING POWER PURCHASE OBLIGATION
3.1 Purchase Obligation
From October 1, 2028, and continuing through September 30, 2044, BPA
shall sell and make available, and Ashland shall purchase, Firm
Requirements Power in hourly amounts equal to Ashland's hourly Total
Retail Load minus the hourly firm energy from each of Ashland's Dedicated
Resources listed in sections 2, 3, and 4 of Exhibit A and Consumer-Owned
Resources listed in sections 7.1, 7.3, and 7.4 of Exhibit A. Ashland shall
26PS-25001,Ashland 12
determine the hourly firm energy from each of its Dedicated Resources
pursuant to section 3.3. Such amounts of energy are subject to change
pursuant to section 3.5 and section 10.
3.2 Take or Pay
Ashland shall pay for the Firm Requirements Power it is obligated to
purchase and that BPA makes available under section 3.1, at the rates BPA
establishes in a 7(i) Process pursuant to the PRDM, as applicable to such
power, whether or not Ashland took delivery of such power.
3.3 Application of Dedicated Resources
Ashland shall serve a portion of its Total Retail Load with the Dedicated
Resources listed in Exhibit A as follows:
(1) Specified Resources, listed in section 2 of Exhibit A, and
(2) Committed Power Purchase Amounts, listed in section 3.1 of
Exhibit A.
Ashland shall use its Dedicated Resources to serve its Total Retail Load, and
the Parties shall specify amounts of such Dedicated Resources in Exhibit A as
stated below for each specific resource and type. BPA shall use the amounts
listed in Exhibit A in determining Ashland's Net Requirement. The amounts
listed are not intended to govern how Ashland operates its Specified
Resources, except for those resources applied to the Tier 1 Allowance Amount
and those resources supported with RSS from BPA.
3.3.1 Specified Resources
3.3.1.1 Application of Specified Resources
Ashland shall apply the output of all Specified Resources,
listed in section 2 of Exhibit A, to Ashland's Total Retail Load
in predefined hourly amounts consistent with section 3.7
except for those Specified Resources applied to Ashland's
Tier 1 Allowance Amount, those Existing Resources that are
Dispatchable Resources, and those Specified Resources that
Ashland is supporting with RSS from BPA. For those
Specified Resources applied to Ashland's Tier 1 Allowance
Amount, Ashland shall apply all of the output as it is
generated to Ashland's Total Retail Load. Ashland shall
apply all Existing Resources that are Dispatchable Resources
consistent with section 4 of Exhibit J. Ashland shall apply all
Specified Resources supported with RSS from BPA to
Ashland's Total Retail Load consistent with section 3 of
Exhibit J.
3.3.1.2 Determining Specified Resource Amounts
For each Specified Resource, BPA, in consultation with
Ashland, shall determine firm energy amounts for each
26PS-25001,Ashland 13
Diurnal period and peak amounts for each month beginning
with the later of the date the resource was dedicated to load
or October 1, 2028, through the earlier of the date the
resource will be permanently removed or September 30, 2044,
and BPA shall list such amounts in section 2 of Exhibit A.
BPA shall determine such amounts consistent with the
5(b)/9(c) Policy, and using the allowable shapes established in
section 3.4.
3.3.2 Committed Power Purchase Amounts
3.3.2.lApplication of Committed Power Purchase Amounts
To serve Ashland's Above-CHWM Load that it commits to meet
with Dedicated Resources in Exhibit C, Ashland shall provide
and use Committed Power Purchase Amounts to meet any
amount of such load not met with its Specified Resources
during each Rate Period. Ashland shall apply its Committed
Power Purchase Amounts, listed in section 3 of Exhibit A, to
Ashland's Total Retail Load in predefined hourly amounts
consistent with section 3.7.
3.3.2.2Determining Committed Power Purchase Amounts
By March 31 of each Rate Case Year, BPA shall calculate and
update the table in section 3.1.2 of Exhibit A with Ashland's
Committed Power Purchase Amounts for each year of the
upcoming Rate Period. BPA shall calculate such Committed
Power Purchase Amounts using the monthly and Diurnal
shapes stated in section 3.1.1 of Exhibit A. Upon termination
or expiration of this Agreement, any Committed Power
Purchase Amounts listed in Exhibit A shall expire, and
Ashland shall have no further obligation to apply Committed
Power Purchase Amounts.
3.4 Shaping of Dedicated Resources
Ashland's Dedicated Resource amounts shall be shaped as follows.
3.4.1 Initial Monthly and Diurnal Resource Shapes
BPA shall initially state Ashland's Dedicated Resource amounts in
Exhibit A with one of the following shapes:
(1) Specified Resources in the amount of energy within each month
and Diurnal period of a year that each resource is expected to
generate output as determined pursuant to section 3.3.1.2; and
(2) Committed Power Purchase Amounts in equal megawatt
amounts for each hour in a year.
26PS-25001,Ashland 14
3.4.2 Reshaping Dedicated Resources
By October 31, 2027, and by October 31 of each Rate Case Year
thereafter,Ashland may elect in writing, pursuant to section 3.4.3, to
reshape its amounts of Dedicated Resources listed in sections 2 and
3.1 of Exhibit A, except for those Specified Resources applied to
Ashland's Tier 1 Allowance Amount,those Existing Resources that are
Dispatchable Resources, and those Specified Resources Ashland is
supporting with RSS from BPA, for the next Rate Period. After BPA
receives such written notice from Ashland, BPA shall,by the following
March 31, revise Exhibit A to reflect such election.
3.4.3 Monthly and Diurnal Reshaping Options
Consistent with section 3.4.2, Ashland may elect to reshape one or
more of its Dedicated Resources using the allowable shapes described
below. If Ashland elects to reshape its Specified Resources, then
Ashland shall elect both a monthly and a Diurnal shape for each
Specified Resource that is reshaped. If Ashland elects to reshape its
Committed Power Purchase Amounts, then the applicable monthly
shape will be the Flat Annual Shape and Ashland shall elect a
Diurnal shape.
3.4.3.1 Specified Resources
For each Specified Resource listed in section 2 of Exhibit A
Ashland may elect to apply each resource, in any of the
following shapes:
(1) Monthly shapes: (A) Resource Monthly Shape; or
(B) Flat Annual Shape.
(2) Diurnal shapes: (A) Resource Diurnal Shape; (B) Flat
Within-Month Shape; or (C) HLH Diurnal Shape.
3.4.3.2 Committed Power Purchase Amounts
Ashland may elect to apply its Committed Power Purchase
Amounts, listed in section 3.1 of Exhibit A, in either of the
following Diurnal shapes: (A) Flat Within-Month Shape; or
(B) HLH Diurnal Shape.
3.4.4 Hourly Resource Shape
Ashland shall apply its Dedicated Resources stated in sections 2 and
3.1 of Exhibit A in equal megawatt amounts during all LLH of a
month and in equal megawatt amounts during all HLH of a month,
except for those Specified Resources applied to Ashland's Tier 1
Allowance Amount, those Existing Resources that are Dispatchable
Resources, and those Specified Resources Ashland is supporting with
RSS from BPA.
26PS-25001,Ashland 15
3.5 Changes to Dedicated Resources
3.5.1 Specified Resource Additions to Meet Above-CHWM Load
With written notice to BPA by July 31 of a Forecast Year, Ashland
may elect to add Specified Resources to section 2 of Exhibit A, with
amounts effective at the start of the upcoming Rate Period, to meet
any obligation Ashland may have in Exhibit C to serve its Above-
CHWM Load with Dedicated Resources. The following apply for such
Specified Resources:
(1) BPA shall determine amounts for such Specified Resources in
accordance with section 3.3.1.2.
(2) Ashland may elect to reshape such Specified Resources in
accordance with section 3.4.3, or may elect to purchase RSS
from BPA to support such Specified Resources.
BPA shall revise Exhibit A consistent with Ashland's elections by
March 31 following Ashland's elections under this section 3.5.1.
3.5.2 Specified Resources Added to Tier 1 Allowance Amount
At any time over the term of the Agreement and by written notice to
BPA, Ashland may request for BPA to add Specified Resources that
meet the qualifying criteria in section 3.5.2.2 to its Tier 1 Allowance
Amount in section 2 of Exhibit J. BPA shall review such request and
revise Exhibit A as soon as reasonably practical to include such
resources, provided that BPA determines in its sole discretion that the
Specified Resources meet such qualifying criteria. Any qualifying
Specified Resource included in the Tier 1 Allowance Amount shall
remain in the Tier 1 Allowance Amount for the term of the Agreement
unless the resource is removed consistent with section 3.5.6. Any
qualifying Specified Resource included in the Tier 1 Allowance
Amount shall be treated as an Existing Resource for purposes of
temporary resource removal as provided in section 10. Ashland's
qualifying Specified Resources included in the Tier 1 Allowance
Amount may be subject to charges pursuant to the applicable Power
Rate Schedules and GRSPs.
3.5.2.1Tier 1 Allowance Amount Limit
Ashland's Tier 1 Allowance Amount shall be limited to the
amount stated in section 2 of Exhibit J, and shall not exceed
the lesser of 5 MW or 50 percent of Ashland's CHWM reflected
as a megawatt value. Such value will be considered the Tier 1
Allowance Amount limit. If BPA changes Ashland's CHWM
consistent with section 1.2 of Exhibit B, then BPA shall
recalculate Ashland's Tier 1 Allowance Amount limit and
update Exhibit J if necessary. If Ashland has a reduction to its
CHWM, then BPA shall determine whether a reduction in the
Tier 1 Allowance Amount limit is appropriate. In the event
26PS-25001,Ashland 16
that BPA reduces Ashland's Tier 1 Allowance Amount limit,
BPA will determine on a case-by-case basis the treatment of
Ashland's resource(s).
3.5.2.2Qualifying Specified Resources For Tier 1 Allowance
Amount
Any Specified Resource Ashland elects to add to its Tier 1
Allowance Amount must meet the following qualifying criteria:
(1) the Specified Resource is a New Resource;
(2) the Specified Resource is connected to Ashland's
distribution system, regardless of voltage, and does not
utilize BPA or Third-Party Transmission Provider
transmission facilities; and,
(3) the Specified Resource reduces Ashland's Total Retail
Load.
3.5.3 Resource Additions for a BPA Insufficiency Notice
If BPA provides Ashland a notice of insufficiency and reduces its
purchase obligation, in accordance with section 20.2, then Ashland
may temporarily add Dedicated Resources to replace amounts of Firm
Requirements Power BPA will not be providing due to insufficiency.
The Parties shall revise Exhibit A to reflect such additions.
3.5.4 Decrements for 9(c) Export
If BPA determines, in accordance with section 20.6,that an export of a
Specified Resource listed in section 2 of Exhibit A requires a reduction
in the amount of Firm Requirements Power BPA sells Ashland, then
BPA shall notify Ashland of the amount and duration of the reduction
in Ashland's Firm Requirements Power purchases from BPA. Within
20 calendar days of such notification Ashland may temporarily add a
Specified Resource to section 2 of Exhibit A in the amount and for the
duration of such decrement. If Ashland does not add a Specified
Resource to meet such decrement, then within 30 calendar days of
such notification BPA shall add Committed Power Purchase Amounts
to section 3.2 of Exhibit A in the amount and for the duration of such
decrement.
3.5.5 Temporary Resource Removal
By March 31 of each Rate Case Year, BPA shall revise Ashland's
Dedicated Resource amounts listed in the tables of Exhibit A
consistent with Ashland's resource removal elections made in
accordance with section 10.
3.5.6 Permanent Discontinuance of Resources
Ashland may permanently remove a Specified Resource listed in
section 2 of Exhibit A, consistent with the 5(b)/9(c) Policy on statutory
26PS-25001,Ashland 17
discontinuance for permanent removal. If BPA makes a
determination that Ashland's Specified Resource has met BPA's
standards for a permanent removal, then BPA shall revise Exhibit A
accordingly. If Ashland does not replace such resource with another
Dedicated Resource, then Ashland's additional Firm Requirements
Power purchases under this Agreement, as a result of such a resource
removal, shall be subject to the applicable rates or charges as
established in the Power Rate Schedules and GRSPs.
3.5.7 Resource Additions for Annexed Loads
If Ashland acquires an Annexed Load, Ashland may add Dedicated
Resources to Exhibit A, subject to sections 3.5.7.1 and 3.5.7.2 below, to
serve amounts of such Annexed Load that are Eligible Annexed Load.
"Eligible Annexed Load" means an Annexed Load: (1) that is added
after the Effective Date, and (2) for which Ashland did not receive a
CHWM addition pursuant to section 1.2.2 of Exhibit B.
3.5.7.1 During the Rate Period in which Ashland acquires an Eligible
Annexed Load, Ashland may serve such load for the
remainder of that Rate Period with Dedicated Resources in
the shape of the load, as negotiated by the Parties, or with
additional power purchased from BPA. If Ashland elects to
serve such load with Dedicated Resources, then Ashland shall
apply such resources for the remainder of the Rate Period. If
Ashland elects to purchase additional power from BPA for the
Annexed Load, then during that Rate Period such power
purchases shall be subject to the applicable rates or charges
as established in the Power Rate Schedules and GRSPs and
as applicable to the shape of the Eligible Annexed Load.
3.5.7.2 For all Rate Periods after the Rate Period when Ashland
acquires an Eligible Annexed Load, Ashland shall serve such
load pursuant to Ashland's elections and either (1) apply
Dedicated Resources or (2) purchase Firm Requirements
Power at the applicable rates or charges as established in the
Power Rate Schedules and GRSPs.
3.5.8 Resource Additions/Removals for NLSLs
3.5.8.1To serve a Planned NLSL or an NLSL listed in Exhibit D that
is added after the Effective Date, Ashland may add Dedicated
Resources to section 4 of Exhibit A. Ashland may discontinue
serving its NLSL with the Dedicated Resources listed in
section 4 of Exhibit A if BPA determines that Ashland's NLSL
is no longer: (1) an NLSL, or (2) in Ashland's service territory.
3.5.8.2If Ashland elects to serve a Planned NLSL or an NLSL with
Dedicated Resources,then Ashland shall specify in section 4 of
Exhibit A the maximum monthly and Diurnal Dedicated
26PS-25001,Ashland 18
Resource amounts that Ashland plans to use to serve the
NLSL. Ashland shall establish such firm energy amounts and
BPA shall state such amounts in section 4 of Exhibit A for each
month beginning with the date the resource was dedicated to
the Planned NLSL or NLSL through the earlier of the date the
resource will be removed or September 30, 2044. Ashland shall
serve the actual load of the Planned NLSL or NLSL up to such
maximum amounts with such Dedicated Resource amounts. To
the extent that the load at a Planned NLSL or an NLSL is less
than the maximum amount in any monthly or Diurnal period,
Ashland shall have no right or obligation to use such amounts
to serve load other than a Planned NLSL or an NLSL. Specific
arrangements to match such resources to the Planned NLSL or
NLSL on an hourly basis shall be established in Exhibit D.
3.5.9 PURPA Resources
If Ashland is required by the Public Utility Regulatory Policies Act
(PURPA) to acquire output from a Generating Resource and plans to
use that output to serve its Total Retail Load, then such output shall
be added as a Specified Resource pursuant to Exhibit A. Ashland
shall purchase RSS from BPA (or equivalent service) to support such
resources for the term of this Agreement.
3.6 Consumer-Owned Resources
Except for any Consumer-Owned Resources serving a Planned NLSL or an
NLSL, which Ashland has applied to load consistent with section 20.3,
Ashland shall apply the output of Consumer-Owned Resources as follows:
3.6.1 Existing Consumer-Owned Resources
Ashland shall designate, in sections 7.1, 7.2, or 7.3 of Exhibit A, the
extent that each existing Consumer-Owned Resource as of the
Effective Date will or will not serve On-Site Consumer Load. Ashland
shall make such designation to BPA in writing no later than
60 calendar days after BPA publishes, to its publicly available
website, Ashland's final CHWMs from the FY 2026 CHWM
Calculation Process. Such designation shall apply for the term of this
Agreement.
3.6.2 New Consumer-Owned Resources
Ashland shall designate the extent that each Consumer-Owned
Resource commencing commercial operation after the Effective Date
will or will not serve On-Site Consumer Load. Ashland shall make
such designation to BPA in writing within 120 days of energization of
such resource. Such designation shall apply for the term of this
Agreement.
Consistent with Ashland's designations, BPA shall list Consumer-
Owned Resources serving On-Site Consumer Load in section 7.1 of
Exhibit A, Consumer-Owned Resources not serving On-Site Consumer
26PS-25001,Ashland 19
Load in section 7.2 of Exhibit A, and Consumer-Owned Resources
serving both On-Site Consumer Load and load other than On-Site
Consumer Load in section 7.3 of Exhibit A.
3.6.3 Application of Consumer-Owned Resources Serving On-Site
Consumer Load
Power generated from Consumer-Owned Resources listed in
section 7.1 of Exhibit A shall serve On-Site Consumer Load. Ashland
shall ensure that a Consumer-Owned Resource does not exceed the
On-Site Consumer Load such resource serves. If a Consumer-Owned
Resource exceeds the On-Site Consumer Load, then BPA may adjust
Ashland's Total Retail Load used to bill for energy purchases to ensure
Ashland pays for energy that was otherwise displaced by the amount
of generation of the Consumer-Owned Resource that exceeds the On-
Site Consumer Load on any hour. BPA shall determine in its sole
discretion whether to make any adjustment based on information
Ashland provides to BPA as follows:
(1) Commensurate with Ashland's designation under section 3.6.2
above, Ashland shall provide BPA information demonstrating
that the Consumer-Owned Resource's forecasted generation
will not exceed the On-Site Consumer Load it is intended to
serve on a monthly basis. Examples of such information
include but are not limited to consumer load projections and
monthly generation projections for the generating equipment to
be installed.
(2) If Ashland has not provided sufficient information, or if the
Consumer-Owned Resource exceeds On-Site Consumer Load,
then Ashland shall in accordance with section 15 and
section 17.3 of this Agreement: (A) install metering on the On-
Site Consumer Load, or (B) provide BPA hourly meter data of
the On-Site Consumer Load on a monthly basis in a format
specified by BPA.
Ashland shall provide notice to BPA of any significant changes to an
On-Site Consumer Load amount as soon as practicable but no later
than 60 calendar days after the change.
Ashland must ensure that the Consumer-Owned Resources do not
cause negative flow through Ashland's Point of Delivery behind which
the resource is located. If negative flow occurs, then BPA shall pass
through and Ashland shall pay any costs assessed to BPA resulting
from such flow.
3.6.4 Application of Consumer-Owned Resources Serving Load
Other than On-Site Consumer Load
Ashland shall ensure that power generated from Consumer-Owned
Resources listed in section 7.2 of Exhibit A, which serves load other
26PS-25001,Ashland 20
than On-Site Consumer Load,is scheduled for delivery and: (1) sold to
another utility in the Region to serve its Total Retail Load, (2) used by
Ashland to serve its Total Retail Load (consistent with section 3.3),
(3) marketed as an export, or (4) any combination of(1), (2), and (3)
above.
3.6.5 Application of Consumer-Owned Resources Serving Both On-
Site Consumer Load and Load Other than On-Site Consumer
Load
If Ashland designates a Consumer-Owned Resource to serve both On-
Site Consumer Load and load other than On-Site Consumer Load,
then Ashland shall select either Option A or Option B below.
3.6.5.1Option A: Maximum Consumer-Owned Resource
Amounts Serving On-Site Consumer Load
If Ashland selects this Option A, then Ashland shall specify, in
section 7.3 of Exhibit A, the maximum hourly amounts of an
identified On-Site Consumer Load that are to be served with
power generated by an identified Consumer-Owned Resource.
Such amounts shall be specified as Diurnal megawatt amounts,
by month, and shall apply in all years for the term of this
Agreement. Such amounts are not subject to change in
accordance with section 3.6.6.
On any hour that the On-Site Consumer Load is less than or
equal to the specified maximum hourly amounts, all such On-
Site Consumer Load shall be served by Ashland with the
identified Consumer-Owned Resource or with power other than
Firm Requirements Power. Any hourly amounts of the
identified On-Site Consumer Load greater than the specified
maximum hourly amounts will be served with Firm
Requirements Power. Any power generated from the identified
Consumer-Owned Resource greater than the specified
maximum hourly amounts will be applied to load other than
On-Site Consumer Load in accordance with section 3.6.4.
3.6.5.20ption B: Maximum Firm Requirements Power Serving
On-Site Consumer Load
If Ashland selects this Option B, then Ashland shall specify, in
section 7.3 of Exhibit A, the maximum hourly amounts of an
identified On-Site Consumer Load that are to be served with
Firm Requirements Power. Such amounts shall be specified as
Diurnal megawatt amounts, by month, and shall apply in all
years for the term of this Agreement. Such amounts are not
subject to change in accordance with section 3.6.6.
On any hour that On-Site Consumer Load is less or equal to
the specified maximum hourly amounts, all such On-Site
Consumer Load shall be served with Firm Requirements
26PS-25001,Ashland 21
Power. Ashland shall serve any hourly amounts of the
identified On-Site Consumer Load greater than the specified
maximum hourly amounts with power generated by the
identified Consumer-Owned Resource or with power other than
Firm Requirements Power. Any power generated from the
identified Consumer-Owned Resource greater than the
amounts required to be used to serve the On-Site Consumer
Load shall be applied to load other than On-Site Consumer
Load in accordance with section 3.6.4.
3.6.6 Changes to Consumer-Owned Resources
Prior to each Fiscal Year Ashland shall notify BPA in writing of any
changes in ownership, expected resource output, or other
characteristic of Consumer-Owned Resources identified in section 7 of
Exhibit A. If a Consumer-Owned Resource has permanently ceased
operation and Ashland notifies BPA of such cessation, then BPA shall
revise section 7 of Exhibit A to reflect such change as long as BPA
agrees the determination is reasonable.
3.6.7 Application of Consumer-Owned Resources Serving a Planned
NLSL or NLSL
If Ashland is serving a Planned NLSL or an NLSL with Consumer-
Owned Resource amounts pursuant to section 20.3 and section 1 of
Exhibit D, then BPA shall list such resources in section 7.4 of
Exhibit A. Requirements for Ashland's application of Consumer-
Owned Resources serving Planned NLSLs and NLSL are included in
section 20.3 and section 1 of Exhibit D.
3.6.8 Data Requirements for Consumer-Owned Resources
Ashland shall meter all Consumer-Owned Resources listed in
section 7 of Exhibit A and shall provide such meter data to BPA
pursuant to section 17.3.
3.7 Hourly Dedicated Resource Schedule
By June 30 of each Rate Case Year, Ashland shall provide BPA an hourly
schedule(s), in whole megawatt amounts consistent with section 3.7.3 and in
the format described in section 3.7.2, for its Dedicated Resources with
amounts in each hour, calculated pursuant to section 3.7.1, for each year of
the upcoming Rate Period ("Submitted Schedule"). Ashland shall schedule
such hourly amounts to its Total Retail Load consistent with section 13.
3.7.1 Schedule Amounts
The amounts in the Submitted Schedule shall equal the monthly and
Diurnal amounts for each Dedicated Resource listed in the tables in
sections 2 and 3 of Exhibit A except for those Specified Resources
applied to Ashland's Tier 1 Allowance Amount, those Existing
Resources that are Dispatchable Resources, and those Specified
Resources supported with RSS. The hourly amounts in the Submitted
Schedule shall be determined in accordance with section 3.4.4.
26PS-25001,Ashland 22
If the amounts in the Submitted Schedule change in accordance with
section 3.5, then Ashland shall send BPA a revised Submitted
Schedule including the updated amounts within five Business Days of
such amounts being updated in Exhibit A.
3.7.2 Schedule Format
Ashland shall provide the Submitted Schedule to BPA electronically in
a comma-separated-value(csv) format with the time/date stamp in the
first column and load amounts, with units of measurement specified,
in the following column.
3.7.3 Whole Megawatt Amounts
If Ashland's Submitted Schedule would otherwise have amounts in
fractional megawatts-per-hour, then Ashland shall vary its hourly
amounts by one megawatt in some hours so that over the course of the
applicable month the amounts as scheduled in whole megawatts sum
to the appropriate total.
3.8 Transfer of Renewable Energy Certificates
BPA shall provide any applicable Renewable Energy Certificates (RECs),
emission accounting information, and non-emitting generation accounting
information to Ashland in accordance with Exhibit H.
4. THIS SECTION INTENTIONALLY LEFT BLANK
5. THIS SECTION INTENTIONALLY LEFT BLANK
6. PUBLIC RATE DESIGN METHODOLOGY
6.1 The PRDM applies for the term of this Agreement. BPA shall apply the
PRDM in accordance with its terms, which govern BPA's establishment,
review and revision of Priority Firm Power(PF) rates pursuant to Section 7(i)
of the Northwest Power Act for Firm Requirements Power sold under this
Agreement.
6.2 The recitation of language from the PRDM in this Agreement does not
incorporate such language into this Agreement. BPA may only revise the
PRDM's language in accordance with the requirements of PRDM chapter 9.
If BPA revises the language of the PRDM, then BPA will unilaterally amend
this Agreement to accordingly modify any such language recited in this
Agreement.
6.3 Any disputes over the meaning of the PRDM or rates,including whether BPA
is adhering to its obligation under the PRDM to revise the PRDM only in
accordance with the PRDM chapter 9, or whether the Administrator is
correctly implementing the PRDM or rates, including but not limited to
matters of whether the Administrator is correctly interpreting, applying, and
otherwise adhering or conforming to the PRDM or rate, shall (1) be resolved
26PS-25001,Ashland 23
pursuant to any applicable procedures set forth in the PRDM; (2) if resolved
by the Administrator as part of a proceeding under Section 7(i) of the
Northwest Power Act, be reviewable as part of the United States Court of
Appeals for the Ninth Circuit's review under Section 9(e)(5) of the Northwest
Power Act of the rates or rate matters determined in such Section 7(i)
proceeding (after FERC final confirmation and approval, and subject to any
further review by the United States Supreme Court); and (3) if resolved by
the Administrator outside such a Section 7(i) Process and such decision is a
final action, be reviewable by the United States Court of Appeals for the
Ninth Circuit under Section 9(e)(5) of the Northwest Power Act (subject to
any further review by the United States Supreme Court). The remedies
available to Ashland through such judicial review shall be Ashland's sole and
exclusive remedy for such disputes.
6.4 BPA shall not publish a Federal Register Notice regarding BPA rates or the
PRDM that prohibits, limits, or restricts Ashland's right to submit testimony
or brief issues on rate matters regarding the meaning or implementation of
the PRDM or establishment of BPA rates pursuant to the PRDM. For
purposes of BPA's conformance to this paragraph, a "rate matter" shall not
include budgetary and program level issues, or any other matter unrelated to
the PRDM or the establishment of rates pursuant to the PRDM.
7. CONTRACT HIGH WATER MARKS
By September 30, 2026, BPA shall establish Ashland's CHWM in the FY 2026
CHWM Calculation Process and revise Exhibit B to state Ashland's CHWM. Once
established, BPA may only adjust Ashland's CHWM as permitted pursuant to
Exhibit B. After any adjustment, BPA shall revise Exhibit B to state Ashland's
adjusted CHWM.
8. APPLICABLE RATES
Purchases under this Agreement are subject to the following rate schedules, or their
successors: Priority Firm Power (PF), including Tier 1 Rates and Tier 2 Rates, New
Resource Firm Power (NR), and Firm Power and Surplus Products and Services
(FPS), as applicable. Billing determinants for any purchases will be included in
each rate schedule. Power purchases and services sold under this Agreement are
subject to the applicable rates and charges in BPA's Power Rate Schedules,
established in accordance with the PRDM, as applicable, and its GRSPs (or their
successors)established during a 7(i) Process. Ashland may incur additional charges
as established in the applicable 7(i) Process, and as provided in the Power Rate
Schedules and GRSPs, including the Unauthorized Increase Charge or its
successors.
8.1 Applicability of Tier 1 and Tier 2 Rates
BPA shall establish PF rates that include rate schedules for purchase
amounts at Tier 1 Rates and purchase amounts at Tier 2 Rates. Tier 1 Rates
and Tier 2 Rates shall apply to Ashland's purchases as follows:
(1) Tier 1 Rates shall apply to Firm Requirements Power that Ashland
purchases under this Agreement, less: (A) amounts of Firm
26PS-25001,Ashland 24
Requirements Power priced at Tier 2 Rates elected by Ashland in
section 2 of Exhibit C, (B) amounts of Firm Requirements Power
priced at the NR or other applicable 7(f) rate purchased for Planned
NLSLs and NLSLs pursuant to Exhibit D, and (C) amounts of Firm
Requirements Power priced at any other applicable 7(f) rate not
limited to either (A) or (B).
(2) Tier 2 Rates shall apply to such planned annual amounts of Firm
Requirements Power that Ashland elects to purchase to serve its
Above-CHWM Load, pursuant to Exhibit C, that remain after
applying Ashland's New Resources.
9. ELECTIONS TO PURCHASE POWER PRICED AT TIER 2 RATES
9.1 Tier 2 Rate Alternatives
Subject to the requirements of this section 9 and Exhibit C, and pursuant to
the PRDM, Ashland shall have the right to purchase Firm Requirements
Power at a Tier 2 Long-Term Rate, Tier 2 Short-Term Rate, and Tier 2
Vintage Rate.
9.2 Above-CHWM Load Service Options and Tier 2 Rate Elections
BPA shall calculate Ashland's Above-CHWM Load in the Above-CHWM Load
Process ahead of each Rate Period.
Ashland has the option to serve its Above-CHWM Load with: (1) Firm
Requirements Power purchased from BPA at a Tier 2 Rate or rates,
(2) Dedicated Resources, or (3) a specific combination of both (1) and (2).
Within 60 calendar days after BPA publishes, to its publicly available
website, Ashland's final CHWMs from the FY 2026 CHWM Calculation
Process, Ashland shall determine and provide written notice to BPA of its
Above-CHWM Load service election, including its election to purchase Firm
Requirements Power at Tier 2 Rates, consistent with section 2.1 of Exhibit C.
BPA shall update Exhibit C to state Ashland's Tier 2 Rate purchase elections
and the amount of its purchase obligation of Firm Requirements Power at
Tier 2 Rates.
9.3 Amounts of Tier 2 Flat Across All Hours
Amounts of Firm Requirements Power sold by BPA at Tier 2 Rates and
purchased by Ashland shall be equal in all hours of the year.
10. TIER 2 REMARKETING AND RESOURCE REMOVAL
Under this section 10, Ashland does not have temporary resource removal or
remarketing rights for its Dedicated Resources in Exhibit A added pursuant to
section 3.5.4 or section 3.5.8 of the Agreement. In addition, under this section 10,
Ashland does not have temporary resource removal or remarketing rights for any
Dedicated Resource amounts or amounts of Firm Requirements Power purchased at
Tier 2 Rates that would otherwise be eligible for removal or remarketing due to the
26PS-25001,Ashland 25
addition of resources under section 3.5.4. Any BPA remarketing of Tier 2 Vintage
Rate purchase obligation amounts under this section 10 is subject to section 2.5.6 of
Exhibit C.
10.1 New Resource Removal and Remarketing of Tier 2 Rate Purchase
Obligation Amounts for Each Rate Period
If Ashland's Above-CHWM Load as forecasted for each Fiscal Year of an
upcoming Rate Period is less than the sum of: (1) Ashland's New Resource
amounts serving its Above-CHWM Load, as stated in Exhibit A, and
(2) Tier 2 Rate purchase obligation amounts, as stated in Exhibit C, then,
except as permitted in sections 10.1.3 and 10.1.4 below and in the following
order:
(1) Ashland shall temporarily remove its eligible New Resource amounts,
and
(2) BPA shall remarket Ashland's Tier 2 Rate purchase obligation
amounts.
Any removal of eligible New Resource amounts or remarketing of Tier 2 Rate
purchase obligation amounts shall apply until either: (1) the removed New
Resource amounts plus the remarketed Tier 2 Rate purchase obligation
amounts equal the amount by which Ashland's New Resource amounts plus
its Tier 2 Rate purchase obligation amounts exceed its Above-CHWM Load,
or (2) all of Ashland's New Resources are removed and all of its Tier 2 Rate
purchase obligation amounts are remarketed.
10.1.1 If Ashland has more than one New Resource, then by October 31 of
each Rate Case Year, Ashland shall notify BPA of the order and
associated amounts of Ashland's New Resources that Ashland shall
remove for each Fiscal Year in the upcoming Rate Period to the extent
necessary to comply with this section 10.1.
10.1.2 If Ashland fails to notify BPA in accordance with section 10.1.1, then
BPA shall determine the order and associated amounts of Ashland's
New Resource removal for each Fiscal Year in the upcoming Rate
Period to comply with section 10.1.
10.1.3 If compliance with the requirements of section 10.1 would cause
Ashland to remove part or all of any New Resource amounts that
Ashland uses to fulfill a state or federal renewable resource standard
or other comparable legal obligation, then by October 31 of each Rate
Case Year Ashland may request for BPA to remarket the same
amount of Tier 2 Rate purchase obligation amounts until all of
Ashland's Tier 2 Rate purchase obligation amounts are remarketed.
Following such remarketing, Ashland may either temporarily remove
New Resources applied to the Tier 1 Allowance Amount or Existing
Resources to the extent necessary to comply with section 10.1,
provided that the hourly, monthly, and Diurnal amounts removed
26PS-25001,Ashland 26
shall be equal to the hourly, monthly, and Diurnal amounts provided
by the New Resources that Ashland would have otherwise been
obligated to remove.
10.1.4 If: (1)Ashland made an election under section 2.1(3) or section 2.1(4)
of Exhibit C to serve all or a portion of its Above-CHWM Load using
the flexible option, (2) Ashland has both New Resource amounts and
Tier 2 Vintage Rate purchase obligation amounts for serving such
Above-CHWM Load, and (3) compliance with the requirements of
section 10.1 would cause Ashland to remove part or all of its New
Resource amounts, then Ashland may request for BPA to first
remarket the Tier 2 Vintage Rate purchase obligation amounts until
all of Ashland's Tier 2 Vintage Rate purchase obligation amounts are
remarketed before removing any New Resource amounts.
10.2 Partial Resource Removal
When only a portion of an eligible Dedicated Resource is removed pursuant to
section 10.1 above, such resources shall be removed proportionally to
maintain the same annual shape for the resource as established in Exhibit A.
10.3 Responsibilities for Remarketing Tier 2 Rate Purchase Obligation
Amounts and Disposition of Dedicated Resource
Ashland shall be subject to applicable charges or credits, as established in a
7(i) Process, associated with BPA's remarketing of Tier 2 Rate purchase
obligation amounts of Firm Requirements Power.
Except as specified in section 10.4 below,Ashland shall be responsible for the
disposition of any amounts of its Dedicated Resources, whether Specified
Resources or Committed Power Purchase Amounts that are removed or
reduced pursuant to this Agreement.
10.4 Removal of Resources Taking RSS
If Ashland purchases RSS for any New Resources that are partially or
entirely removed pursuant to sections 10.1 or 10.2 above, then the following
shall apply:
10.4.1 Ashland shall continue to supply the entire amount of any such
resources consistent with applicable provisions stated in Exhibit J.
10.4.2 BPA shall remarket the amounts of any such resources that are
removed pursuant to section 10.1 in the same manner BPA remarkets
Tier 2 Rate purchase obligation amounts in section 10.3. BPA shall
revise Exhibit A to identify the amounts of any such resources that are
removed. BPA shall continue to provide RSS in accordance with
applicable provisions in Exhibit J to any amounts of such resources
that remain in Exhibit A after resource removal.
26PS-25001,Ashland 27
11. RIGHT TO CHANGE PURCHASE OBLIGATION
11.1 One-Time Right to Change Purchase Obligation
Under this Agreement Ashland shall have a one-time right to request a
change in its purchase obligation,identified in section 3, to another purchase
obligation available from BPA, including Annual Flat Block, Diurnally
Shaped Monthly Block, Flat Monthly Block, Flat Monthly Block with
10 Percent Shaping Capacity, Flat Monthly Block with Peak Net
Requirement (PNR) Shaping Capacity, Flat Monthly Block with Peak Net
Requirement (PNR) Shaping Capacity with Peak Load Variance Service
(PLVS), or Slice/Block, if available.
Unless otherwise agreed by the Parties, any Ashland Above-CHWM Load
service elections, Dedicated Resource additions, and other elections made
under this Agreement prior to the notice made under section 11.2 shall
continue to be applicable under the new purchase obligation, provided that
BPA may update such terms and conditions consistent with the then-current
terms of the new purchase obligation, and additional costs may apply for
service under Ashland's new purchase obligation as described in section 11.6.
11.2 Notice and Conditions to Change Purchase Obligation and to Join a
JOE
Written notices sent under this section 11.2 must comply with section 1 of
Exhibit I. The following sections 11.2.2, 11.2.3 and 11.2.4 shall be in
accordance with Section 5(b)(7) of the Northwest Power Act.
11.2.1 Notice of Change to Purchase Obligation
No sooner than October 1, 2028, Ashland may provide written notice
to BPA to request a change to its purchase obligation pursuant to
section 11.1 above. Such notice to BPA must be at least three years
prior to the start of the Rate Period the purchase obligation change
would be effective. Ashland's notice shall state: (1) the purchase
obligation request, and (2) the Rate Period Ashland requests the
change to be effective. The latest date that Ashland may provide
notice to request a change to its purchase obligation is September 30,
2037 for a purchase obligation change effective on October 1, 2040.
11.2.2 Joining a JOE For Service Effective October 1, 2028
If Ashland requests to join a JOE for service under the JOE's CHWM
Contract effective October 1, 2028, then Ashland's written notice to
BPA to request to assign its contract to the JOE must be received no
later than June 30, 2027, regardless of Ashland's and the JOE's
purchase obligations. Receiving service under the JOE CHWM
Contract will not constitute a change to Ashland's purchase obligation
under this section 11.
11.2.3 If Customer and JOE Have Same Purchase Obligation
After June 30, 2027, if the BPA-JOE CHWM Contract and Ashland
have the same purchase obligation when Ashland requests to join the
26PS-25001,Ashland 28
JOE, then Ashland's written notice to BPA to request to assign its
contract to the JOE must be received no later than June 30 of a
Forecast Year for power sales under the BPA-JOE CHWM Contract to
begin at the start of the following Rate Period.
11.2.4 If Customer and JOE Have Different Purchase Obligations
After June 30, 2027, if the BPA-JOE CHWM Contract and Ashland
have different purchase obligations, including different Block
purchase obligations, when Ashland requests to join the JOE, then
Ashland's written notice to BPA to request to assign its contract to the
JOE must be received no later than three years prior to when power
sales under the BPA-JOE CHWM Contract will begin at the start of
the subsequent Rate Period.
11.3 Limitations Due to Total Monthly Peak Load Increase
After receiving Ashland's notice under section 11.2, BPA shall evaluate the
impact of Ashland's request on BPA's forecast of its total monthly peak load
obligation relative to BPA's most recent forecast of its total monthly Qualified
Capacity Contribution (QCC) values, or successor capacity requirements as
determined by BPA, for the first Fiscal Year the purchase obligation change
would become effective. As part of such evaluation BPA will assess the
change to monthly QCC made by (1) a change to Ashland's purchase
obligation, and (2) the peak amounts of Ashland's Dedicated Resource(s) as
stated in Exhibit A.
If after its evaluation BPA determines that Ashland's request to change its
purchase obligation would increase BPA's total monthly peak load obligation
relative to BPA's change in QCC forecast in any one month, then BPA may:
(1) approve Ashland's request and directly assign any costs as stated in
section 11.6 below; or
(2) approve Ashland's request without directly assigning such costs; or
(3) deny Ashland's request to change its purchase obligation.
If BPA receives multiple requests from customers to change their purchase
obligations and such changes would be effective at the beginning of the same
Rate Period, then BPA shall evaluate the impact of Ashland's purchase
obligation request together with all requesting customers' to assess the
aggregate impact of all such purchase obligation change requests. If BPA
determines that such requests would increase BPA's total monthly peak load
obligation, in relationship to the change in BPA's QCC forecast in any one
month, then in addition to options (1), (2), or (3) above, BPA may:
(4) approve Ashland's request but defer the date on which Ashland's new
purchase obligation change would become effective to the start of a
subsequent Rate Period.
26PS-25001,Ashland 29
If BPA determines after its evaluation that the purchase obligation change(s)
would not increase BPA's total monthly peak load obligation, in relationship
to the change in BPA's QCC forecast, then BPA may approve Ashland's
request to change its purchase obligation.
BPA will not withhold its approval of Ashland's request except under
reasonable circumstances, including but not limited to securing the
transmission and metering sufficient to deliver the applicable product.
BPA shall provide customers with an opportunity to comment on any
customer's request to change its purchase obligation.
11.4 Restrictions
If, during the term of this Agreement, all customer purchases of the
Slice/Block Product become reduced to zero percent, then BPA will retire the
Slice/Block Product as a purchase obligation option under this Agreement.
After such retirement, Ashland's right to change its purchase obligation will
be limited to the Load Following or Block options as outlined in sections 3.1
and 11.1.
11.5 Changes to Block Purchase Obligation
If Ashland requests and BPA completes a change from one Block purchase
obligation to a different Block purchase obligation as outlined in section 1 of
Exhibit C, then Ashland will have exercised their one-time right to change its
purchase obligation as stated above in section 11.1.
11.6 Charges to Change Purchase Obligation
In addition to the limitations established in sections 11.1, 11.2 and 11.3
above, (1) Ashland shall be responsible for fulfilling all rights, obligations,
and liabilities associated with its prior purchase obligation, and (2) Ashland
may be subject to charges, in addition to the rates for the new service, as a
result of changing its purchase obligation. Such additional charges shall
recover all additional costs that: (1) will be incurred by BPA to serve Ashland
under its new purchase obligation compared to its existing purchase
obligation, and (2) would otherwise result in a rate impact on all other
customers receiving service under a CHWM Contract. If Ashland makes a
request to change its purchase obligation, then BPA shall notify Ashland of
any such additional charges. BPA shall not be required to make a payment
to Ashland as a result of Ashland changing its purchase obligation.
11.7 Change Confirmation
Within 30 calendar days of BPA's presentation to Ashland of the additional
charges determined in section 11.6, and Ashland's maximum Slice
Percentage calculated pursuant to section 11.9, if applicable, Ashland shall
provide BPA with written notice whether it will proceed with its request to
change its purchase obligation.
26PS-25001,Ashland 30
11.8 Amendment to Reflect New Purchase Obligation
Following Ashland's confirmation of its decision to change its purchase
obligation, the Parties shall amend this Agreement to replace the terms of
Ashland's current purchase obligation with the terms of the new purchase
obligation.
11.9 Available Slice Product and Slice Percentage
The total Firm Slice Amount BPA offers to all customers purchasing the
Slice/Block Product shall not exceed 25 percent of the sum of CHWMs
established in the FY 2026 CHWM Process. If Ashland requests to change to
the Slice/Block Product, then BPA shall calculate Ashland's amount of
available Slice Product for changes to the Slice/Block Product as follows:
(1) BPA shall calculate the total amount of available Slice Product in
Average Megawatts for purchase by all customers requesting a change
to the Slice/Block Product by subtracting (A) the sum of Slice
Customers' CHWMs multiplied by 50 percent, from (B) 25 percent of
the sum of initial CHWMs established in the FY 2026 CHWM Process.
Expressed as a formula:
Available Slice Product= (25% (sum of initial FY 2026 CHWMs)) —
(50% (Slice Customers' CHMW))
BPA shall compare the amount of available Slice Product to 50 percent
of the sum of initial CHWMs for all customers requesting a change to
the Slice/Block Product to determine the maximum Slice Percentage
BPA shall offer to Ashland.
(2) If the available Slice Product calculated pursuant to section 11.9(1)
above is equal to or exceeds 50 percent of the sum of CHWMs for all
customers requesting a change to Slice/Block Product, then BPA shall
not limit the request.
BPA shall notify Ashland of the available amounts of Slice Product
available in accordance with section 11.7. Ashland shall provide a
change confirmation to BPA pursuant to section 11.7. Ashland's Slice
Percentage in each Fiscal Year shall be calculated pursuant to
section 5.3.
(3) If the available Slice Product calculated pursuant to section 11.9(1) is
less than 50 percent of the sum of CHWMs for all customers
requesting a change to the Slice/Block Product, then BPA shall limit
the maximum Slice Percentage of those customers requesting a
change to Slice/Block Product on a pro rata basis.
BPA shall notify Ashland of the amounts of Slice Product and Ashland
shall provide BPA with a change confirmation pursuant to
26PS-25001,Ashland 31
section 11.7. Ashland's Slice Percentage in each Fiscal Year shall be
calculated pursuant to section 5.3.
If the amount of available Slice Product increases in the future, then
BPA, in its sole discretion, may offer Slice Customers with a
maximum Slice Percentage that was reduced under section 11.9(3) to
less than 50 percent of its CHWM, a pro rata adjustment to increase
the maximum Slice Percentage, not to exceed 50 percent of its CHWM.
If BPA determines it will offer an increase under this section 11.9(3),
then BPA shall notify such Slice Customers of a potential increase to
available Slice Product within 30 calendar days of BPA's receipt of a
customer notice pursuant to section 11.2. BPA shall notify such Slice
Customers of an actual increase to available Slice Product within
30 calendar days of BPA's receipt of change confirmation, confirming a
customer request to leave the Slice/Block Product, that increases
available Slice Product pursuant to section 11.7. BPA will identify the
Rate Period in which the maximum Slice Percentage will be effective
following BPAs receipt of a change confirmation.
BPA may offer the pro rata increase to such Slice Customers without
consideration of the effective date of the respective Slice Customer
purchase obligation changes to the Slice/Block Product.
12. BILLING CREDITS AND RESIDENTIAL EXCHANGE
12.1 Billing Credits
If Ashland develops a Generating Resource or engages in conservation
activities independently undertaken to serve its loads, then Ashland agrees
that it shall forego any request for, and BPA is not obligated to include,
billing credits, as defined in Section 6(h) of the Northwest Power Act, on
Ashland's bills under this Agreement. This section does not apply to any
billing credit contracts in effect as of the Effective Date.
12.2 Residential Exchange
During the term of this Agreement, Ashland agrees it will not seek and shall
not receive residential exchange benefits pursuant to Section 5(c) of the
Northwest Power Act. Ashland's agreement in this section 12.2 is a material
precondition to BPA offering and executing this Agreement.
13. SCHEDULING
From October 1, 2028, through September 30, 2044, Power Services shall provide
and Ashland shall purchase Transmission Scheduling Service. The Parties shall
administer Ashland's Transmission Scheduling Service consistent with Exhibit F.
26PS-25001,Ashland 32
14. DELIVERY
14.1 Definitions
14.1.1 "Primary Points of Receipt" means the points on the Region's
transmission system where Firm Requirements Power is forecasted to
be made available by Power Services to Ashland for purposes of
obtaining a long-term firm transmission contract.
14.1.2 "Scheduling Points of Receipt" means the points on the Region's
transmission system where Firm Requirements Power is made
available by Power Services to Ashland for purposes of acquiring
transmission service and transmission scheduling.
14.2 Transmission Service
14.2.1 Ashland is responsible for acquiring transmission service to deliver
power from the Scheduling Points of Receipt, subject to the provisions
included in section 14.6.
14.2.2 Ashland shall provide at least 180 days' notice to Power Services prior
to changing Balancing Authority Areas.
14.2.3 At Ashland's request, Power Services shall provide Ashland with
Primary Points of Receipt and other information needed to enable
Ashland to acquire long-term firm transmission for delivery of power
sold under this Agreement. If required by a transmission provider for
purposes of transmission scheduling, then Power Services shall
provide Ashland with Scheduling Points of Receipt. Power Services
has the right to provide power to Ashland at Scheduling Points of
Receipt that are different than the Primary Points of Receipt. If BPA
does provide power to Ashland at Scheduling Points of Receipt that
are different than the Primary Points of Receipt, then BPA shall
reimburse Ashland for any incremental, direct, non-administrative
costs incurred by Ashland to comply with delivering Firm
Requirements Power from such Scheduling Points of Receipt to
Ashland's load if the following conditions, as outlined in (1) or (2)
below, have been met:
(1) If Ashland has long-term Point to Point (PTP) Transmission
Service (as defined in BPA's Open Access Transmission Tariff
or its successor)for delivery of Firm Requirements Power to its
load:
(A) Ashland has requested long-term firm transmission
service to deliver its Firm Requirements Power using
the Primary Points of Receipt and other information
provided by Power Services; and
26PS-25001,Ashland 33
(B) Ashland has submitted a request to redirect its long-
term firm PTP Transmission Service to deliver Firm
Requirements Power and Surplus Firm Power from the
Scheduling Point of Receipt on a firm basis, but that
request was not granted; and
(C) Ashland's transmission schedule was curtailed due to
non-firm status under PTP Transmission Service or
Ashland can provide proof of the reimbursable costs
incurred to replace the curtailed schedule.
(2) If Ashland has long-term Network Integration Transmission
Service (as defined in BPA's Open Access Transmission Tariff
or its successor)for delivery of Firm Requirements Power to its
load:
(A) Ashland has requested long-term firm transmission
service to deliver its Firm Requirements Power using
the Primary Points of Receipt and other information
provided by Power Services; and
(B) Ashland's transmission schedule was curtailed due to
non-firm status under its secondary service status and
Ashland can provide proof of the reimbursable costs
incurred to replace the curtailed schedule.
14.3 Liability for Delivery
Ashland waives any claims against BPA arising under this Agreement for
non-delivery of power to any points beyond the applicable Scheduling Points
of Receipt, except for reimbursement of costs as described in section 14.2.3.
BPA shall not be liable under this Agreement for any third-party claims
related to the delivery of power after it leaves the Scheduling Points of
Receipt. Neither Party shall be liable under this Agreement to the other
Party for damage that results from any sudden, unexpected, changed, or
abnormal electrical condition occurring in or on any electric system,
regardless of ownership. These limitations on liability apply regardless of
whether or not this Agreement provides for Transfer Service.
14.4 Real Power Losses
BPA is responsible for the real power losses necessary to deliver Firm
Requirements Power and Surplus Firm Power to Ashland's PODS listed in
Exhibit E.
14.5 Metering Losses
BPA shall adjust measured amounts of power to account for metering losses,
if any, that occur between Ashland's PODS and the respective POMs, as
specified in Exhibit E.
26PS-25001,Ashland 34
14.6 Delivery by Transfer
Subject to the limitations in this section, BPA agrees to acquire and pay for
Transfer Service assessed by the Third-Party Transmission Provider to
deliver Firm Requirements Power and Surplus Firm Power to Ashland's
Transfer Service PODS, as listed in Exhibit E, in an amount not to exceed
Ashland's Total Retail Load on an hourly basis.
BPA and Ashland will coordinate: (1) to ensure that Ashland's relevant
characteristics and plans are communicated to the Third-Party Transmission
Provider, (2) to confirm that Ashland is aware of relevant details of the
Transfer Service it acquires to serve Ashland's load, and (3) to resolve any
issues Ashland may have related to the Transfer Service BPA acquires to
serve the load.
BPA shall pass through to Ashland the cost of Transfer Service assessed by
the Third-Party Transmission Provider for power sold at the NR Rate,
including ancillary services and real power losses, in accordance with any
applicable BPA Power Rate Schedules and GRSPs.
14.6.1 Ancillary Services
BPA shall acquire and pay for ancillary services charged by a Third-
Party Transmission Provider needed to deliver Firm Requirements
Power and Surplus Firm Power to Ashland's Transfer Service PODS
listed in Exhibit E.
If at any time Ashland is not purchasing a specific ancillary service
from Transmission Services to deliver Firm Requirements Power and
Surplus Firm Power to one or more of the PODS listed in Exhibit E,
then Ashland shall pay Power Services any applicable charge(s) for
such ancillary service to deliver power to the POD(s) in accordance
with the applicable BPA Power Rate Schedules and GRSPs.
14.6.2 Low Voltage Delivery
Low voltage delivery is transmission service over the Low Voltage
Segment by any Third-Party Transmission Provider's system. For low
voltage delivery to identified PODS in Exhibit E, Ashland shall pay
Power Services the applicable Transfer Service Delivery Charge rate,
or its successor, consistent with the applicable BPA Power Rate
Schedules and GRSPs. BPA shall pass through to Ashland any costs
associated with delivery to identified PODS in Exhibit E over a Low
Voltage Segment that is not subject to the Transfer Service Delivery
Charge.
14.6.3 Direct Assignment Costs
Ashland shall pay BPA for all directly assigned costs consistent with:
(1) Transmission Services' "BPA Facility Ownership and Cost
Assignment Guidelines" or its successor, and (2) the "Supplemental
Guidelines for Direct Assignment of Facilities Costs Incurred Under
Transfer Agreements" under the applicable BPA Power Rate
26PS-25001,Ashland 35
Schedules and GRSPs. Such costs include but are not limited to:
facility, system and generation interconnection study costs,
construction costs, upgrade costs, and expansion costs, or other capital
costs for facilities directly associated with service to any Ashland
PODS assessed by the Third-Party Transmission Provider to BPA.
BPA shall pass through to Ashland any credits received by BPA from
the Third-Party Transmission Provider from the payment of such
directly assigned costs.
14.6.4 Penalties Assessed By the Third-Party Transmission Provider
BPA has the right to pass through to Ashland any penalty charges
assessed by the Third-Party Transmission Provider that are
associated with BPA's acquisition of Transfer Service to the PODS
identified in Exhibit E, except to the extent the penalty is a result of a
BPA error. Such charges may include but are not limited to power
factor penalties or excessive energy imbalance penalties.
14.6.5 Removal of PODS
BPA may terminate deliveries at a POD if Ashland consents to the
termination or if the Parties determine that Ashland's requirements
for power at such point may be adequately supplied under reasonable
conditions and circumstances at different POD(s): (1) directly from
the Federal Columbia River Transmission System, (2) indirectly from
the facilities of another transmission owner/operator, or (3) both.
14.6.6 Annexed Loads
BPA shall arrange and pay for Transfer Service to serve Ashland's
Annexed Load subject to the limitations in this section 14.6 and
Exhibit G. Ashland shall provide BPA written notice of any Annexed
Load acquired greater than one Average Megawatt as soon as
possible, but no later than 180 days prior to the commencement of
service to the Annexed Load. However, BPA's obligation to provide
Transfer Service to Ashland's Annexed Load shall be limited as set
forth in section 6.2.7 of BPA's Provider of Choice Policy, March 2024,
as amended or revised.
14.6.7 Non-Federal Deliveries
Subject to the limitations in this section 14.6 and Exhibit G, BPA
agrees to acquire and pay the Third-Party Transmission Provider for
Transfer Service to deliver Transfer Service Eligible Resources to
Ashland's Transfer Service PODS, as listed in Exhibit E, in an amount
not to exceed Ashland's Total Retail Load on an hourly basis.
If Ashland has or is acquiring a Transfer Service Eligible Resource
and Ashland has requested that BPA assist in the acquisition of
transmission services for such resource, then the Parties shall revise
section 7 of Exhibit J to include specific terms and conditions under
which BPA will obtain Transfer Service on a Third-Party
26PS-25001,Ashland 36
Transmission Provider's system for delivery of that resource to
Ashland's system.
14.6.7.1 BPA shall pass through to Ashland the cost of Transfer
Service assessed by the Third-Party Transmission Provider
for: (1) any service to a Planned NLSL or an NLSL
pursuant to section 1 of Exhibit D where Ashland has
elected to serve the NLSL with a Transfer Service Eligible
Resource,regardless of the Delivery Plan for such resource,
(2) any Transfer Service Eligible Resource serving a portion
of Ashland's Total Retail Load that Ashland is obligated to
serve with BPA-provided electric power pursuant to this
Agreement, or (3) any Transfer Service Eligible Resource
that Ashland is not acquiring and paying for transmission
service from Transmission Services for such Transfer
Service Eligible Resource.
14.6.7.2 Ashland shall notify BPA if it intends to acquire any new
non-federal resources serving Ashland's Transfer Service
PODS with a nameplate capability under 1 MW. If BPA
notifies Ashland that the new non-federal resource is
subject to requirements from the Third-Party Transmission
Provider, then such resource shall be treated as a Transfer
Service Eligible Resource and subject to the requirements
in this section 14.6.7 and Exhibit G. BPA may require
metering and scheduling for any such non-federal resources
consistent with the metering and scheduling requirements
for Dedicated Resources.
14.6.8 Unavailability of Transmission Service
14.6.8.1 BPA shall acquire and pay for Ashland's firm Transfer
Service when firm transmission is available. If a Third-Party
Transmission Provider: (1) has indicated that long-term firm
transmission service necessary to deliver power to any
portion of Ashland's load served by Transfer Service is
unavailable and(2) identifies upgrades that are necessary to
deliver power to Ashland on firm transmission to such load
on a long-term basis, then BPA shall attempt to acquire non-
firm transmission, or other mutually agreed to interim
solution, from the Third-Party Transmission Provider to
serve Ashland's load on an interim basis until the identified
upgrades are completed and firm transmission is available.
(1) If a Third-Party Transmission Provider has indicated that
neither firm nor non-firm transmission service necessary
to deliver power to any portion of Ashland's load served by
Transfer Service is available, then (A) BPA shall have no
obligation to deliver power under this Agreement to serve
26PS-25001,Ashland 37
such load until that Third-Party Transmission Provider is
able to provide transmission service and(B) Ashland shall
not continue forward to serve the load in excess of
available transmission service from that Third-Party
Transmission Provider.
(2) If a Third-Party Transmission Provider identifies
upgrades necessary to deliver power on firm transmission
to any portion of Ashland's load served by Transfer
Service on a long-term basis and Ashland declines to pay
any costs or deposits that the Third-Party Transmission
Provider requires to proceed with the upgrades consistent
with section 14.6.3,then (A) BPA shall have no obligation
to deliver power under this Agreement to serve such load,
and (B) Ashland shall not continue forward to serve the
load in excess of available transmission service from that
Third-Party Transmission Provider.
(3) Notwithstanding the above,if a Third-Party Transmission
Provider has determined transmission service is
unavailable and Ashland continues forward to serve the
load in excess of the available transmission service, then
BPA shall pass through to Ashland any charges related to
transmission service to Ashland's load that the
Third-Party Transmission Provider has indicated is
unavailable.
14.6.8.2 Prior to any deliveries to any portion of Ashland's load served
by Transfer Service using non-firm transmission or other
mutually agreed to interim solution, pursuant to this
section 14.6.8, BPA will inform Ashland of the terms of
service associated with such non-firm transmission
arrangements, or other mutually agreed to interim solution,
and the Parties shall include such terms in Exhibit D.
14.6.8.3 BPA shall not be liable for any damages incurred by Ashland
associated with the Third-Party Transmission Provider's
inability to provide firm or non-firm transmission, BPA's
inability to acquire transmission service, curtailment of
non-firm transmission service, or unserved load.
14.6.9 Changes to Ashland's Third-Party Transmission Provider
Transmission Needs
As soon as possible,Ashland shall notify and coordinate with BPA for
any significant anticipated changes that would require Ashland to
need additional transmission from a Third-Party Transmission
Provider. In the event that multiple customers require and request
capacity on any portion of the Third-Party Transmission Provider
26PS-25001,Ashland 38
system, BPA shall address requests,including those in section 14.6.8,
on a first come first served basis.
If Ashland fails to notify and coordinate with BPA for any
transmission needs greater than one megawatt, then for up to five
years, BPA, in its sole discretion, may pass through any Third-Party
Transmission Provider costs, including the cost of Transfer Service,
related to the transmission needs that Ashland failed to communicate.
14.6.10 If, during the term of this Agreement, Ashland becomes entirely
directly-connected to BPA's transmission system and is served
entirely without Transfer Service, then upon notification from BPA,
this Agreement shall be amended to remove Transfer Service-related
provisions, including the provisions of this section 14.6 and
Exhibit G.
15. METERING
15.1 Measurement
By September 30, 2027,the Parties shall ensure that meters are installed on
all PODS listed in Exhibit E, consistent with the requirements of this
section 15. Unless otherwise stated in Exhibit E, the amount of power
measured by such meters shall be used by BPA for billing purposes. If the
Parties agree that metering is economically or technologically impractical,
then:
(1) the Parties shall use scheduled amounts to measure the amount of
power purchased if such power is scheduled into or out of Ashland's
service territory; or
(2) the Parties shall use mutually acceptable load profiles to measure the
amount of power purchased if such power is not scheduled; or
(3) the Parties shall use meter data provided by Ashland to BPA in a
mutually agreed manner to measure the amount of power purchased.
If the metering equipment associated with the meters listed in Exhibit E fails
to properly measure or record the interval readings, then BPA shall follow
the Metering Usage Data Estimation Provision of BPA's applicable Power
Rate Schedules and GRSPs to determine the appropriate billing adjustment.
The rights to locate meters and access facilities granted to BPA pursuant to
this section 15 are subject to the terms of any applicable agreement between
Ashland and Transmission Services addressing the location, cost
responsibility, access, maintenance, testing, and liability of the Parties with
respect to meters.
26PS-25001,Ashland 39
15.2 BPA Owned Meters
At BPA's expense, BPA shall operate, maintain, and replace, as necessary, all
metering equipment owned by BPA that is needed to plan, schedule, and bill
for Ashland's power needs under this Agreement consistent with Ashland's
Network Operating Agreement, BPA's Metering Application Requirements,
or their successors, or other agreements Ashland has with BPA. Ashland
authorizes BPA to maintain and replace any BPA owned metering equipment
on Ashland's facilities that is reasonably necessary to forecast, plan,
schedule, and bill for power. With reasonable notice from BPA, and for the
purpose of implementing this provision, Ashland shall grant BPA reasonable
physical access to BPA owned meters at BPA's request, consistent with
Ashland's Network Operating Agreement, BPA's Metering Application
Requirements, or their successors, or other agreements Ashland has with
BPA.
If, at any time, either Party determines that a BPA owned meter is defective
or inaccurate, then BPA shall adjust, repair, or replace the meter to provide
accurate metering as soon as practical consistent with Ashland's Network
Operating Agreement, BPA's Metering Application Requirements, or their
successors, or other agreements Ashland has with BPA. Ashland shall have
the right to witness any meter tests conducted by BPA on BPA owned meters
listed in Exhibit E. The exercise of such right shall be conducted consistent
with the applicable requirements, if any, of Ashland's Network Operating
Agreement, BPA's Metering Application Requirements, or their successors, or
other agreements Ashland has with BPA.
15.3 Non-BPA Owned Meters
15.3.1 Non-BPA Owned Meters Owned by Ashland
At Ashland's expense, Ashland shall operate, maintain, and replace,
as necessary, all non-BPA metering equipment owned by Ashland that
is needed by BPA to forecast, plan, schedule, and bill for power for:
(1) points of interconnection between Ashland's system and parties
other than BPA;
(2) all loads that require separate measurement for purposes of
forecasting, planning, scheduling, or billing for power; and
(3) Generating Resources and Energy Storage Devices listed in
Exhibit A and Exhibit J,respectively that are interconnected to
Ashland's system.
For the purpose of inspection, Ashland shall grant BPA reasonable
physical access to Ashland meters at BPA's request, consistent with
Ashland's Network Operating Agreement, BPA's Metering Application
Requirements, or their successors, or other agreements Ashland has
with BPA.
26PS-25001,Ashland 40
If, at any time, BPA or Ashland determines that a Ashland owned
meter listed in Exhibit E is defective or inaccurate, then Ashland shall
adjust, repair, or replace the meter, or shall make commercially
reasonable efforts to arrange for the completion of such actions, to
provide accurate metering as soon as practical. BPA shall have the
right to witness any meter tests conducted by Ashland on Ashland
owned meters listed in Exhibit E. The exercise of such right shall be
conducted consistent with the applicable requirements, if any, of
Ashland's Network Operating Agreement, BPA's Metering Application
Requirements, or their successors, or other agreements Ashland has
with BPA.
15.3.2 Non-BPA Owned Meters Not Owned by Ashland
For non-BPA owned meters not owned by Ashland, and excluding such
in section 15.3.3 below, needed by BPA to forecast, plan, schedule and
bill for power under this Agreement, Ashland shall make
commercially reasonable efforts to arrange with the owner(s) of such
meters for the meters to be operated, maintained and replaced, as
necessary, for the measurements described above in sections 15.3.1(1)
and 15.3.1(2) and for any Generating Resources listed in Exhibit A
and Energy Storage Devices listed in Exhibit J that require metering.
If, at any time, it is determined that a non-BPA owned meter not
owned by Ashland listed in Exhibit E is defective or inaccurate, then
Ashland shall make commercially reasonable efforts to arrange with
the owner of the meter to adjust, repair, or replace the meter, to
provide accurate metering as soon as practical. To the extent possible,
BPA may witness any meter tests on non-BPA owned meters not
owned by Ashland listed in Exhibit E, consistent with Ashland's
Network Operating Agreement, BPA's Metering Application
Requirements, or their successors, or other agreements Ashland has
with BPA as well as any applicable agreements Ashland may have
with the owner of the meter.
15.3.3 Non-BPA Owned Meters Owned by a Third-Party
Transmission Provider
For non-BPA owned meters owned by a Third-Party Transmission
Provider for which BPA holds a transmission contract for service to
Ashland load, the metering arrangements shall be between BPA and
the Third-Party Transmission Provider.
15.4 New Meters
A separate agreement addressing the location, cost responsibility, access,
maintenance, testing, and liability of the Parties with respect to new meters
shall be between Ashland and Transmission Services.
All new and replaced meters installed by either Party shall meet the
American National Standard Institute standards and the Requirements for
Instrument Transformers, or their replacement as specified in BPA's
26PS-25001,Ashland 41
applicable metering procedures and requirements posted to BPA's publicly
accessible metering services website as of the date of installation.
15.5 Metering an NLSL
In addition to the provisions contained in this section 15, any loads that are
monitored by BPA for an NLSL determination and any NLSLs shall be
metered pursuant to section 20.3.3.
15.6 Metering Exhibit
The Parties shall provide meter data to one another as specified in
section 17.3. BPA shall list Ashland's PODS, POMs, Interchange Points, as
applicable, and related information in Exhibit E.
16. BILLING AND PAYMENT
16.1 Billing
BPA shall electronically bill Ashland monthly for all products and services,
including any charges and credits incurred, provided during the preceding
month(s). However, if electronic transmittal of the bill is not possible, then
BPA shall mail a physical copy of the bill to Ashland. BPA may send Ashland
an estimated bill prior to a final bill and may send subsequent revisions if
needed. The Issue Date is the date BPA sends the bill to Ashland.
16.2 Payment
Ashland shall pay all bills electronically in accordance with instructions on
the bill. Payment of all bills, whether estimated or final, must be received by
the 201h day after the Issue Date of the bill (Due Date). If the 201h day is a
Saturday, Sunday, or federal holiday, then the Due Date is the next Business
Day.
If Ashland has made payment on an estimated bill then:
(1) if the amount of the final bill exceeds the amount of the estimated bill,
then Ashland shall pay BPA the difference between the estimated bill
and final bill by the final bill's Due Date; or
(2) if the amount of the final bill is less than the amount of the estimated
bill, then BPA shall pay Ashland the difference between the estimated
bill and final bill by the 201h day after the final bill's Issue Date. If the
201h day is a Saturday, Sunday, or federal holiday, BPA shall pay the
difference by the next Business Day.
16.3 Late Payments
If Ashland has not paid its bill in full by the Due Date, BPA shall apply a
daily interest charge to any unpaid balance equal to the higher of:
(1) the Prime Rate (as reported in the Wall Street Journal or successor
publication in the first issue published during the month in which
payment was due) plus four percent, divided by 365; or
26PS-25001,Ashland 42
(2) the Prime Rate times 1.5, divided by 365.
16.4 Failure to Pay
If Ashland has not paid its bill in full by the Due Date, then BPA shall notify
Ashland of nonpayment. Ashland shall have 45 calendar days after receipt of
the written notice to cure its nonpayment by making payment in full. If
Ashland does not provide full payment within the 45-day cure period, then
BPA shall send an additional written notice of nonpayment to Ashland.
Ashland shall then have three Business Days after receipt of the additional
written notice to provide payment. If Ashland has not provided payment
within three Business Days after receipt of the additional written notice and
BPA determines in its sole discretion that Ashland is unable to make the
payments owed, then BPA may terminate this Agreement pursuant to
section 23. Written notices sent under this section 16.4 must comply with
section 1 of Exhibit I.
16.5 Disputed Bills
16.5.1 If Ashland disputes any portion of a charge or credit on Ashland's
estimated or final bills, Ashland shall provide written notice to BPA
with a copy of the bill noting the disputed amounts. Notwithstanding
whether any portion of the bill is in dispute, Ashland shall pay the
entire bill by the Due Date. This section 16.5.1 does not allow
Ashland to challenge the validity of any BPA rate.
16.5.2 Unpaid amounts on a bill (including both disputed and undisputed
amounts) are subject to the late payment charges provided above.
Notice of a disputed charge on a bill does not constitute BPA's
agreement that a valid claim under contract law has been stated.
16.5.3 If the Parties agree, or if after a final determination of a dispute
pursuant to section 19, Ashland is entitled to a refund of any portion
of the disputed amount, then BPA shall make such refund with simple
interest computed from the date of receipt of the disputed payment to
the date the refund is made. The daily interest rate shall equal the
Prime Rate (as reported in the Wall Street Journal or successor
publication in the first issue published during the month in which
payment was due) divided by 365.
17. INFORMATION EXCHANGE AND CONFIDENTIALITY
17.1 General Requirements
Upon request, each Party shall provide the other Party any information that
is necessary to administer this Agreement and to forecast Ashland's Total
Retail Load, forecast BPA system load, comply with North American Electric
Reliability Corporation (NERC) reliability standards, prepare bills, resolve
billing disputes, administer Transfer Service, forecast and monitor large
loads and NLSLs, and otherwise implement this Agreement. For example,
26PS-25001,Ashland 43
this obligation includes, but is not limited to: (1) load and resource data
relating to large loads and NLSLs; (2) transmission and power scheduling
information; (3) load and resource metering information (such as customer
system one-line and metering diagrams, loss factors, historical hourly load
and resource data, etc.); and, (4) Energy Storage Device data.
In addition,Ashland shall provide information BPA requests about Dedicated
Resources and Consumer-Owned Resources serving On-Site Consumer Load
for purposes of meeting: (1) BPA's statutory obligations under Section 7(b) of
the Northwest Power Act and (2) regional resource adequacy programs and
market participation.
The Parties shall make best efforts to provide information requested under
this section 17.1 within the reasonable time frames specified in the requests.
If Ashland fails to provide BPA with information Ashland is required to
provide pursuant to this Agreement and the absence of such information
makes it impossible for BPA to perform a calculation, make a determination,
or take an action required under this Agreement, then BPA may suspend its
obligation to perform such calculation, make such determination, or take
such action until Ashland has provided such information to BPA.
17.2 Reports
17.2.1 Within 30 calendar days after final approval of Ashland's annual
financial report and statements by Ashland's authorized officer,
Ashland shall either e-mail them to BPA at sIN-1)ja.r=o�v or, if any of
the information is publicly available, then Ashland shall notify BPA of
its availability.
17.2.2 Within 30 calendar days after its submittal to the Energy Information
Administration (EIA), or its successor, Ashland shall e-mail a copy of
its Annual Form EIA-861 Reports to BPA at kslf +% a ov. If Ashland
is not required to submit such reports to the EIA, then this
requirement does not apply.
17.2.3 By November 30, 2028, and by November 30 each year thereafter,
Ashland shall provide to the Pacific Northwest Utilities Conference
Committee (PNUCC), or its successor, forecasted loads, Energy
Storage Devices, and resources data to facilitate a region-wide
assessment of loads and resources in a format, length of time, and
level of detail specified in PNUCC's Northwest Regional Forecast Data
Request.
After consultation with the Northwest Power and Conservation
Councils (Council) Resource Adequacy Advisory Committee, or a
successor, BPA may require Ashland to submit additional data to
Council that BPA determines is necessary for the Council to perform a
regional resource adequacy assessment.
26PS-25001,Ashland 44
The requirements of this section 17.2.3 are waived if Ashland:
(1) purchases all the power to serve its Total Retail Load from BPA
and (2) uses no Energy Storage Device(s) to serve its Total Retail
Load.
Notwithstanding the above, in no event shall Ashland be obligated
under this section 17.2.3 to provide PNUCC or the Council an
unaggregated load forecast or other unaggregated data that is specific
to an individual end-use consumer or potential end-use consumer of
Ashland,including no obligation to provide the identities of such end-
use consumers.
Ashland may require PNUCC or Council to execute a commercially
reasonable non-disclosure agreement consistent with the terms of
section 17.6 before providing such entities the data and information
required pursuant to this section 17.2.3, as applicable.
17.2.4 If Ashland is required by applicable law, their transmission provider,
or directive (i.e. utility board resolution) to prepare and publish long-
term integrated resource plans or resource forecasts, then Power
Services may request and Ashland shall provide Power Services with
updated copies of such.
17.3 Meter Data
17.3.1 In accordance with section 15 and Exhibit E, the Parties shall notify
each other of any changes to PODS, POMs, Interchange Points and
related information for which each Party is responsible. Ashland shall
ensure BPA has access to all data from load, Energy Storage Device,
and resource meters that BPA determines are necessary to administer
this Agreement including to forecast, plan, schedule, and bill under
this Agreement. Access to these data shall be on a schedule agreed to
by the Parties. Meter data include, but are not limited to: Ashland's
actual amounts of energy used, expended, or stored for loads,
resources, and Energy Storage Devices, and the physical attributes of
Ashland's meters.
BPA shall provide Ashland access to and Ashland may view meter
data from the meters listed in Exhibit E with an active Customer
Portal agreement, or its successor.
17.3.2 Ashland consents to allow Power Services to receive the following
information from Transmission Services and BPA's metering function:
(1)Ashland's meter data, as specified in section 17.3.1, section 15, and
Exhibit E, and (2) notification of outages or load shifts.
17.3.3 When the following events are planned to occur on Ashland's system
that will affect the load measured by the meters listed in Exhibit E:
26PS-25001,Ashland 45
(1) installation of a new meter,
(2) changes or updates to an existing meter not owned by BPA,
(3) any planned line or planned meter outages, and
(4) any planned load shifts from one POD to another,
then Ashland shall provide BPA with advance notice by e-mailing
BPA at L irn(i1)b ja.==o�v and the contacts shown in section 1 of Exhibit I.
Ashland shall follow all applicable metering procedures and
requirements posted to BPA's publicly accessible metering services
website. Such requirements include,but are not limited to, specifying
the number of required advanced days' notice for the events listed
above.
This section 17.3.3 is not intended to apply to retail meters not listed
in Exhibit E.
17.3.4 If an unplanned load shift or outage occurs, materially affecting the
load measured by the meters listed in Exhibit E, then Ashland shall
e-mail BPA at: (1) Ld irn((-1)a ja.==o�v, and (2) the contacts shown in
section 1 of Exhibit I within 72 hours after the event.
17.4 Data for Determining CHWM
Upon request, Ashland shall provide to BPA any load and resource
information that BPA determines is reasonably necessary to calculate
Ashland's CHWM. This may include historical load data not otherwise
available to BPA and other data necessary to allow BPA to adjust for weather
normalization.
17.5 Total Retail Load Forecast
By December 31, 2026, and by each December 31 of each Forecast Year, the
Parties shall work together to determine and establish a forecast of Ashland's
monthly energy and Ashland's system coincidental peak of Ashland's Total
Retail Load for the upcoming ten Fiscal Years.
17.6 Transparency of Net Requirements Process
By July 31, 2028, and by July 31 of each Rate Case Year thereafter, BPA
shall make the following information publicly available to Ashland and all
other BPA regional utility customers with a CHWM:
(1) Ashland's measured Total Retail Load data for the previous two Fiscal
Years in monthly energy amounts and monthly customer-system peak
amounts, and
(2) Ashland's Dedicated Resources for the previous two Fiscal Years in
monthly energy and peak amounts as listed in section 5 of Exhibit A.
26PS-25001,Ashland 46
Ashland waives all claims of confidentiality regarding the data described
above.
17.7 Confidentiality
Before Ashland provides information to BPA that is confidential, or is
otherwise subject to a privilege or nondisclosure, Ashland shall clearly
designate such information as confidential. BPA shall notify Ashland as soon
as practicable of any request received under the Freedom of Information Act
(FOIA), or under any other federal law or court or administrative order, for
any confidential information. BPA shall release such confidential
information consistent with FOIA or if required by any other federal law or
court or administrative order. BPA shall limit the use and dissemination of
confidential information within BPA to employees who need it for purposes of
administering this Agreement.
17.8 Resources Not Used to Serve Total Retail Load
Ashland shall list in section 6 of Exhibit A all Generating Resources Ashland
owns that are: (1) not Specified Resources listed in section 2 of Exhibit A,
and (2) greater than 1.000 megawatt of nameplate capability. At BPA's
request, Ashland shall provide BPA with additional data if needed to verify
the information listed in section 6 of Exhibit A.
18. UNCONTROLLABLE FORCES
18.1 A Party shall not be in breach of an obligation under this Agreement to the
extent its failure to fulfill the obligation is due to an Uncontrollable Force.
"Uncontrollable Force" means an event beyond the reasonable control, and
without the fault or negligence, of the Party claiming the Uncontrollable
Force, that prevents that Party from performing its obligations under this
Agreement and which that Party could not have avoided by the exercise of
reasonable care, diligence and foresight. Uncontrollable Forces include each
event listed below,to the extent it satisfies the foregoing criteria, but are not
limited to these listed events:
(1) any curtailment or interruption of firm transmission service on BPA's
or a Third-Party Transmission Provider's System that prevents
delivery of Firm Requirements Power sold under this Agreement to
Ashland;
(2) any failure of Ashland's distribution or transmission facilities that
prevents Ashland from delivering power to end-users;
(3) strikes, work stoppage, or terrorist acts;
(4) floods, earthquakes, other natural disasters, epidemics, or pandemics;
and
26PS-25001,Ashland 47
(5) final orders or injunctions issued by a court or regulatory body having
subject matter jurisdiction which the Party claiming the
Uncontrollable Force, after diligent efforts, was unable to have stayed,
suspended, or set aside pending review by a court having subject
matter jurisdiction.
18.2 Neither the unavailability of funds or financing, nor conditions of national or
local economies or markets shall be considered an Uncontrollable Force. The
economic hardship of either Party shall not constitute an Uncontrollable
Force. Nothing contained in this provision shall be construed to require
either Party to settle any strike or labor dispute in which it may be involved.
18.3 If an Uncontrollable Force prevents a Party from performing any of its
obligations under this Agreement, such Party shall:
(1) promptly notify the other Party of such Uncontrollable Force by any
means practicable and confirm such notice in writing as soon as
reasonably practicable;
(2) use commercially reasonable efforts to mitigate the effects of such
Uncontrollable Force, remedy its inability to perform, and resume full
performance of its obligation hereunder as soon as reasonably
practicable;
(3) keep the other Party apprised of such efforts on an ongoing basis; and
(4) provide written notice of the resumption of performance.
Written notices sent under this section must comply with section 1 of
Exhibit I.
18.4 The Parties shall keep each other apprised of the status of any
Uncontrollable Force once invoked.
19. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be interpreted consistent with and governed by federal law.
Ashland and BPA shall identify is in dispute arising out of this Agreement and
make a good faith effort to negotiate a resolution of such disputes before either may
initiate litigation or arbitration. Such good faith effort shall include discussions or
negotiations between the Parties' executives or managers. Pending resolution of a
contract dispute or contract issue between the Parties or through formal dispute
resolution of a contract dispute arising out of this Agreement, the Parties shall
continue performance under this Agreement unless to do so would be impossible or
impracticable. Unless the Parties engage in binding arbitration as provided for in
this section 19, the Parties reserve their rights to individually seek judicial
resolution of any dispute arising under this Agreement.
26PS-25001,Ashland 48
19.1 Judicial Resolution
Final actions subject to Section 9(e) of the Northwest Power Act are not
subject to arbitration under this Agreement and shall remain within the
exclusive jurisdiction of the United States Court of Appeals for the Ninth
Circuit. Such final actions include, but are not limited to, the establishment
and the implementation of rates and rate methodologies. Any dispute
regarding any rights or obligations of Ashland or BPA under any rate or rate
methodology, or BPA policy, including the implementation of such policy,
shall not be subject to arbitration under this Agreement. For purposes of this
section 19, BPA policy means any written document adopted by BPA as a
final action in a decision record or record of decision that establishes a policy
of general application or makes a determination under an applicable statute
or regulation. If BPA determines that a dispute is excluded from nonbinding
arbitration under this section 19, then Ashland may apply to the federal
court having jurisdiction for an order determining whether such dispute is
subject to nonbinding arbitration under this section 19.
19.2 Arbitration
Any contract dispute or contract issue between the Parties arising out of this
Agreement, which is not excluded by section 19.1 above, shall be subject to
arbitration, as set forth below.
Ashland may request that BPA engage in binding arbitration to resolve any
dispute. If Ashland requests such binding arbitration and BPA determines in
its sole discretion that binding arbitration of the dispute is appropriate under
BPAs Binding Arbitration Policy or its successor, then BPA shall engage in
such binding arbitration, provided that the remaining requirements of this
section 19.2 and sections 19.3 and 19.4 are met. BPA may request that
Ashland engage in binding arbitration to resolve any dispute. In response to
BPAs request, Ashland may agree to binding arbitration of such dispute,
provided that the remaining requirements of this section 19.2 and
sections 19.3 and 19.4 are met. Before initiating binding arbitration, the
Parties shall draft and sign an agreement to engage in binding arbitration,
which shall set forth the precise issue in dispute, the amount in controversy
and the maximum monetary award allowed, pursuant to BPAs Binding
Arbitration Policy or its successor.
Nonbinding arbitration shall be used to resolve any dispute arising out of this
contract that is not excluded by section 19.1 above and is not resolved via
binding arbitration, unless Ashland notifies BPA that it does not wish to
proceed with nonbinding arbitration.
19.3 Arbitration Procedure
Any arbitration shall take place in Portland, Oregon, unless the Parties agree
otherwise. The Parties agree that a fundamental purpose for arbitration is
the expedient resolution of disputes; therefore, the Parties shall make best
efforts to resolve an arbitrable dispute within one year of initiating
arbitration. The rules for arbitration shall be agreed to by the Parties.
26PS-25001,Ashland 49
19.4 Arbitration Remedies
The payment of monies shall be the exclusive remedy available in any
arbitration proceeding pursuant to this section 19. This shall not be
interpreted to preclude the Parties from agreeing to limit the object of
arbitration to the determination of facts. Under no circumstances shall
specific performance be an available remedy against BPA.
19.5 Finality
19.5.1 In binding arbitration, the arbitration award shall be final and
binding on the Parties, except that either Party may seek judicial
review based upon any of the grounds referred to in the Federal
Arbitration Act, 9 U.S.C. §1-16 (1988). Judgment upon the award
rendered by the arbitrator(s) may be entered by any court having
jurisdiction thereof.
19.5.2 In nonbinding arbitration,the arbitration award is not binding on the
Parties. Each Party shall notify the other Party within 30 calendar
days, or such other time as the Parties otherwise agreed to, whether it
accepts or rejects the arbitration award. Subsequent to nonbinding
arbitration, if either Party rejects the arbitration award, either Party
may seek judicial resolution of the dispute, provided that such suit is
brought no later than 395 calendar days after the date the arbitration
award was issued.
19.6 Arbitration Costs
Each Party shall be responsible for its own costs of arbitration, including
legal fees. Unless otherwise agreed to by the Parties, the arbitrator(s) may
apportion all other costs of arbitration between the Parties in such manner as
the arbitrator(s) deem reasonable taking into account the circumstances of
the case, the conduct of the Parties during the proceeding, and the result of
the arbitration.
20. STATUTORY PROVISIONS
20.1 Retail Rate Schedules
Ashland shall make its retail rate schedules available to BPA, as required by
section 5(a) of the Bonneville Project Act, P.L. 75-329, within 30 calendar
days of each of Ashland's retail rate schedule effective dates. This
requirement may be satisfied by Ashland informing BPA of its public website
where such information is posted and kept current.
20.2 Insufficiency and Allocations
If BPA determines, consistent with Section 5(b) of the Northwest Power Act
and other applicable statutes, that it will not have sufficient resources on a
planning basis to serve its loads after taking all actions required by
applicable laws then BPA shall give Ashland a written notice that BPA may
restrict service to Ashland. Such notice shall be consistent with BPA's
insufficiency and allocations methodology, published in the Federal Register
26PS-25001,Ashland 50
on March 20, 1996, and shall state the effective date of the restriction, the
amount of Ashland's load to be restricted and the expected duration of the
restriction. BPA shall not change that methodology without the written
agreement of all public body, cooperative,federal agency and investor-owned
utility customers in the Region purchasing electric power from BPA under
Section 5(b) of the Northwest Power Act. Such restriction shall take effect no
sooner than five years after BPA provides notice to Ashland. If BPA imposes
a restriction under this provision then the amount of Firm Requirements
Power that BPA is obligated to provide and that Ashland is obligated to
purchase pursuant to section 3 and Exhibit C shall be reduced to the
amounts available under such allocation methodology for restricted service.
20.3 New Large Single Loads and CF/CTs
20.3.1 Customer Notice of Large Loads and Determination of an
NLSL
Ashland shall provide reasonable notice to BPA of any expected
increase in a single load that may qualify as a Potential NLSL,
Planned NLSL, or NLSL.
Pursuant to this section 20.3, BPA shall determine if any load
associated with a single facility that is capable of growing ten Average
Megawatts or more in a consecutive 12-month period is a Potential
NLSL or an NLSL. Pursuant to this section 20.3, the Parties shall
determine if any load associated with a single facility is a Planned
NLSL.
Ashland's Potential NLSLs, Planned NLSLs, and NLSLs shall be
subject to monitoring as determined necessary by BPA. For the
purposes of section 2.71, this section 20.3, and section 1 of Exhibit D,
ten Average Megawatts in a consecutive 12-month monitoring period
equates to 87,600,000 kilowatt-hours in any consecutive 12-month
period with 365 days and 87,840,000 kilowatt-hours for any
consecutive 12-month period with 366 days.
In accordance with BPA's NLSL Policy and the terms of this
section 20.3, BPA may determine that a load is an NLSL as follows:
20.3.1.1 Pursuant to Section 3(13) of the Northwest Power Act, BPA
shall determine an increase in production load to be an NLSL
if any load associated with a new facility, an existing facility,
or an expansion of an existing facility, which is not
Contracted For, or Committed To (CF/CT), as determined by
the Administrator, by a public body, cooperative, investor-
owned utility, or federal agency customer prior to
September 1, 1979, will result in an increase in power
requirements of such customer of ten Average Megawatts or
more in any consecutive 12-month period.
26PS-25001,Ashland 51
20.3.1.2 For the sole purpose of computing the increase in energy
consumption between any two consecutive 12-month periods
of comparison under this section 20.3.1, BPA shall determine
if the reductions in the end-use consumer's load associated
with a facility during the first 12-month period of comparison
are due to unusual events reasonably beyond the control of
the end-use consumer, and, if so, BPA shall compute the
energy consumption as if such reductions had not occurred.
20.3.1.3 The Parties may agree that the applicable increase in load of
installed production equipment at a facility will equal or
exceed ten Average Megawatts consumption over any
12 consecutive months and that such production load
constitutes an NLSL. Any such agreement will be a binding
NLSL determination, and BPA shall add the NLSL to
section 1 of Exhibit D. Alternatively, the Parties may agree
that the load at a facility is expected to become an NLSL
during the facility's next consecutive 12-month monitoring
period and that such load is a Planned NLSL. BPA shall add
the Planned NLSL to section 1 of Exhibit D.
20.3.1.4 Unless the Parties agree pursuant to section 20.3.1.3 above,
BPA shall determine whether a new load or an increase in
existing load at a facility is an NLSL. If BPA determines that
the load at a facility is an NLSL, then BPA shall notify
Ashland and BPA shall add the NLSL to section 1 of
Exhibit D if such is not already in Exhibit D after the facility
determination pursuant to section 20.3.2.
20.3.1.5 BPA shall list Ashland's CF/CT loads, Potential NLSLs,
Planned NLSLs, and NLSLs in section 1 of Exhibit D.
20.3.2 Determination of a Facility
BPA shall make a written determination as to what constitutes a
single facility for the purpose of identifying an NLSL. BPA's
determination will be made by applying some or all of the following
criteria:
(1) whether the load is operated by a single end-use consumer;
(2) whether the load is in a single location;
(3) whether the load serves a manufacturing process which
produces a single product or type of product;
(4) whether separable portions of the load are interdependent;
(5) whether the load is separately metered from other loads;
26PS-25001,Ashland 52
(6) whether the load is contracted for, served or billed as a single
load under Ashland's customary billing and service policy or
practices;
(7) consideration of the facts from previous similar situations; and
(8) any other factors the Parties determine to be relevant.
20.3.3 Access and Metering
Upon BPA request, Ashland shall provide physical access to its
substations and other service locations where BPA needs to perform
inspections or gather information for purposes of implementing
Section 3(13) of the Northwest Power Act. Such BPA inspections may
include but are not limited to those needed to make a facility, final
NLSL, or CF/CT determination. Ashland shall coordinate with the
end-use consumer to provide BPA, at reasonable times, physical
access to inspect a facility for these purposes.
For any load that is monitored by BPA for an NLSL determination,
and for any load at any facility that was determined by BPA to be an
NLSL, BPA may, in its sole discretion, install BPA owned meters. If
the Parties agree, Ashland may install meters meeting specifications
BPA provides to Ashland. Ashland and BPA shall enter into a
separate agreement for the location, ownership, cost responsibility,
access, maintenance, testing, replacement and liability of the Parties
with respect to such meters. Ashland shall coordinate with BPA and
the end-use consumer to arrange for metering locations that allow
accurate measurement of the load at a facility. Ashland shall arrange
for BPA to have physical access to such meters and Ashland shall
ensure BPA has access to all meter data for loads that are monitored
under this section 20.3 and section 1 of Exhibit D that BPA
determines are necessary to forecast, plan, schedule, and bill for
power.
20.3.4 Billing for Large Loads Capable of Growing By More Than
10 aMW in 12-Month Monitoring Period
At the time a load starts to increase, if BPA does not determine that
such increase in load is a Planned NLSL or an NLSL, then BPA shall
bill Ashland for the increase in load at a facility at the applicable PF
rates during any consecutive 12-month monitoring period.
If BPA later determines that the increase in load is an NLSL, then
BPA shall revise Ashland's monthly bills from the monitoring period
to reflect the difference between the assessed PF rates and the
applicable NR Rates in effect for the monitoring period in which the
increase takes place. Ashland shall pay the balance on each revised
bill, which will include simple interest on the assessed amount. BPA
shall compute simple interest on the assessed amount from the
original Due Date of any bill that included days from the applicable
26PS-25001,Ashland 53
monitoring period to the Due Date of the revised bill that will be
issued. The daily interest rate shall equal the Prime Rate (as reported
in the Wall Street Journal or successor publication in the first issue
published during the month in which the monitoring period began)
divided by 365. After BPAs NLSL determination, Ashland shall make
a service request or election for the NLSL pursuant to section 20.3.6.
If BPA concludes in its sole judgment that Ashland has not fulfilled its
obligations, or has not been able to obtain access or information from
the end-use consumer under this section 20.3, then BPA may
determine any large load capable of growing ten Average Megawatts
or more in a consecutive 12-month period or any Potential NLSL
subject to monitoring to be an NLSL, in which case Ashland shall be
billed and pay in accordance with the preceding paragraph. Such
NLSL determination shall be final unless Ashland proves to BPAs
satisfaction that the applicable increase in load did not equal or
exceed ten Average Megawatts in any 12-month monitoring period.
20.3.5 Load Status at the End of the Consecutive 12-Month
Monitoring Period
At the end of each consecutive 12-month monitoring period of a load at
a facility, BPA will determine if the metered load at the facility has
grown by ten Average Megawatts or more during the preceding
consecutive 12-month monitoring period. To determine load growth
for a facility determined to be a CF/CT, BPA will subtract the amount
of firm energy contracted for, or committed for the facility, as stated in
section 1 of Exhibit D, from the metered load at the facility for the
preceding consecutive 12-month monitoring period.
20.3.5.1 Load Growth By 10 Average Megawatts or More
If the load at a facility has grown by ten Average Megawatts
or more in the preceding consecutive 12-month monitoring
period, then the facility is an NLSL. BPA shall notify
Ashland of the NLSL designation and shall update section 1
of Exhibit D. Any future increases in the load shall be part of
the NLSL.
20.3.5.2 Load Growth Less Than 10 Average Megawatts
If the load at a facility has grown by less than ten Average
Megawatts in the preceding consecutive 12-month monitoring
period, then BPA shall notify Ashland that the load remains
a Potential NLSL or Planned NLSL, and BPA may continue
to monitor the load growth in the subsequent consecutive
12-month monitoring period. BPA shall also determine if
liquidated damages are applicable pursuant to section 1 of
Exhibit D.
If the load at a facility has grown by less than ten Average
Megawatts in the preceding consecutive 12-month monitoring
26PS-25001,Ashland 54
period(s), then BPA will track the cumulative total load at
the facility from one monitoring period to the next. For
purposes of this section 20.3 and section 1 of Exhibit D, the
cumulative total load, including load increases and load
reductions,from the prior 12-month monitoring period(s) will
be referred to as the "Cumulative Prior Load". At the end of
each 12-month monitoring period, BPA shall update section 1
of Exhibit D with the amount of Ashland's Cumulative Prior
Load and include the amount of Cumulative Prior Load in the
calculation of Ashland's Firm Requirements Power eligible
for service at BPA's PF rates for the subsequent consecutive
12-month monitoring period.
20.3.5.3 Load at a Facility Included in Customer's Firm
Requirement Power
For purposes of this section 20.3 and section 1 of Exhibit D,
the amount of Cumulative Prior Load of a Potential NLSL or
Planned NLSL when BPA determines the facility to be an
NLSL will be the fixed amount of Ashland's load at a facility
that BPA will include in its calculation of Ashland's Firm
Requirements Power eligible for service at BPA's PF rates.
BPA may adjust the fixed amount of Ashland's load at a
facility that BPA will include in its calculation of Ashland's
Firm Requirements Power eligible for service at BPA's PF
rates if Ashland's load at the facility reduces by 10 aMW
below the fixed amount.
Upon BPA's determination that a monitored load is an NLSL,
all measured amounts of such NLSL that exceed the load at
the facility that is included in Ashland's Firm Requirements
Power calculation shall be part of Ashland's NLSL, which will
be served in accordance with this section 20.3 and section 1 of
Exhibit D.
As applicable, BPA shall update the table in section 1.5.2 of
Exhibit D with the fixed amount of load at the facility to be
included in the calculation of Ashland's Firm Requirements
Power eligible for service at BPA's PF rates.
20.3.6 Service Options for Planned NLSLs and NLSLs
Ashland may:
(1) serve any Planned NLSL or NLSL with Dedicated Resource or
Consumer-Owned Resource amounts added to Exhibit A that
are not already being used to serve Ashland's Total Retail Load
in the Region. If Ashland elects to serve its NLSL with
Dedicated Resource or Consumer-Owned Resource Amounts,
then such election shall be binding on Ashland for the
remaining term of this Agreement; or
26PS-25001,Ashland 55
(2) request to have BPA serve any Planned NLSL or NLSL at the
applicable NR Rate consistent with section 20.3.7 below.
If Ashland serves any Planned NLSL or NLSL with Committed Power
Purchase Amounts,then Ashland shall provide BPA with information
necessary for BPA's compliance with regional resource adequacy
planning requirements pursuant to section 22.1 and section 5 of
Exhibit J.
If Ashland has existing Planned NLSLs or NLSLs as of the Effective
Date of this Agreement, and if Ashland has not notified BPA which
service option above it chooses for each applicable Planned NLSL or
NLSL above by the start of the CHWM Load Process for FY 2029, then
Ashland's default election for all such existing Planned NLSLs and
NLSLs shall be consistent with section 20.3.6(1) above.
If Ashland changes its purchase obligation pursuant to section 11 of
this Agreement, and (1) Ashland has requested and BPA has started
an NLSL service study or (2) Ashland has Planned NLSLs or NLSLs
served by BPA at the NR Rate, then BPA will assess future service for
such Planned NLSLs or NLSLs on a case-by-case basis.
20.3.7 Request for NLSL Service Study, Summary Report, and NLSL
Service Election
If Ashland would like BPA to serve a Planned NLSL or an NLSL at
the NR Rate, then Ashland shall submit a written request to BPA for
an NLSL service study no sooner than the Effective Date of this
Agreement.
Ashland shall provide BPA all information requested by BPA
necessary to study Ashland's Planned NLSL or NLSL. After BPA
determines it has all necessary information, BPA shall conduct an
NLSL service study that may last up to three years from the date of
Ashland's request.
During the study period, BPA shall: (1) assess the ability of BPA to
serve the Planned NLSL or NLSL with firm power and (2) periodically
keep Ashland apprised of its study progress. BPA shall bill Ashland
and Ashland shall pay all costs associated with the NLSL service
study, including but not limited to staff time and third-party costs
associated with completing a study.
Once BPA completes the NLSL service study, BPA will provide
Ashland with the NLSL service study summary report for BPA to
make power available to serve the NLSL with firm power at the NR
Rate. The NLSL service study summary report will state the
conditions of BPA making power available to serve the NLSL such as:
the anticipated date BPA could provide power, costs arrangements,
26PS-25001,Ashland 56
any BPA resource acquisition needs, any additional information
required, and any identified constraints that may be known.
Power Services will coordinate with Transmission Services to complete
and implement any NLSL service study to identify anticipated timing
of available transmission to incorporate any new resource acquisition
into the FCRPS for any new resources Power Services forecasts.
Coordination between Power Services, Transmission Services and
Ashland is necessary to facilitate arrangements between Ashland and
Transmission Services for delivery of Firm Requirements Power to
Ashland to serve a Planned NLSL or an NLSL under Ashland's
transmission service agreement with Transmission Services.
Within 90 calendar days of receipt of the NLSL service study
summary report,Ashland shall elect in writing to: (1) have BPA serve
the Planned NLSL or NLSL at the NR Rate starting on the date
stated in the summary report and consistent with section 20.3.6(2)
above; or (2) continue to serve the Planned NLSL or NLSL with non-
federal resource(s) consistent with section 20.3.6(1) above. Such
election shall be binding on Ashland for the remaining term of this
Agreement.
If Ashland elects to have BPA serve the Planned NLSL or NLSL at
the NR Rate, then the Parties will revise Exhibit D to include the
terms and conditions of the NLSL service study summary report,
including a provision for liquidated damages, or develop a stand-alone
agreement with such terms.
20.3.8 Planned NLSL and NLSL Service During the Study Period and
Until the NR Service Start Date
While BPA conducts an NLSL service study and until Ashland's
elected service start date at the NR Rate, Ashland may serve its
Planned NLSL or NLSL with Dedicated Resource or Consumer-Owned
Resource amounts consistent with section 20.3.6(1). BPA shall revise
section 4 or 7.4 of Exhibit A to include such resources.
At any time while BPA is conducting an NLSL service study, Ashland
may request BPA discontinue the NLSL service study and elect to
serve the Planned NLSL or NLSL with Dedicated Resource or
Consumer-Owned Resource amounts for the term of this Agreement.
If a Planned NLSL becomes an NLSL during the NLSL study period,
BPA shall update Exhibit D to reflect the change.
20.3.9 Submittal of Initial Forecast
If Ashland is serving any Planned NLSLs or NLSLs with Dedicated
Resource or Consumer-Owned Resource amounts, then by June 30 of
each year, unless another date is agreed to by the Parties, Ashland
shall provide BPA with forecasted energy amounts for such resources
for each Diurnal period and peak amounts for each month to serve any
26PS-25001,Ashland 57
Planned NLSLs and NLSLs for the upcoming Fiscal Year. BPA shall
use Ashland's initial forecast to determine the Dedicated Resource or
Consumer-Owned Resource amounts required to serve the Planned
NLSLs and NLSLs. However, if BPA determines Ashland's initial
forecast to be unreasonable, then BPA may replace Ashland's initial
forecast with a final forecast that BPA develops. If Ashland is serving
any Planned NLSLs or NLSLs with Dedicated Resource or Consumer-
Owned Resource amounts, then BPA shall revise section 4 or 7.4 of
Exhibit A to state such amounts by September 1 of each year.
20.3.10 Consumer-Owned Resources Serving a Planned NLSL or an
NLSL
20.3.10.1Consumer-Owned Resources
Ashland's consumer may serve a Planned NLSL or an NLSL
with a Consumer-Owned Resource if the following criteria are
met:
(1) the Consumer-Owned Resource and its expected
generation amounts are indicated in section 7.4 of
Exhibit A as serving a specific Planned NLSL or NLSL;
(2) the Consumer-Owned Resource is physically located
within Ashland's service territory;
(3) the Consumer-Owned Resource is within the same
Balancing Area Authority as the Planned NLSL or
NLSL; and
(4) the Consumer-Owned Resource is metered,regardless of
nameplate size, and the meter data is communicated in
accordance with section 15 and section 17 of the body of
this Agreement.
If Ashland serves a Planned NLSL or an NLSL with a
Consumer-Owned Resource,then Ashland may be required to
purchase NR Support Services pursuant to requirements in
the applicable Power Rate Schedules and GRSPs.
For purposes of determining Ashland's monthly power billing
determinants, the load at a facility will be calculated by
subtracting the actual generation from Ashland's
Consumer-Owned Resource(s) identified in section 7.4 of
Exhibit A from the metered hourly load of any Planned NLSL
or NLSL listed in Exhibit D.
The generation from such Consumer-Owned Resources may
not exceed the Planned NLSL or NLSL being served on any
hour. BPA may adjust Ashland's power billing determinants
26PS-25001,Ashland 58
to account for hourly excess Consumer-Owned Resource
generation and may assess other charges or penalties in
accordance with any applicable BPA Power Rate Schedules
and GRSPs.
20.3.10.20n-Site Renewable Resource/Cogeneration Exception
For purposes of this section 20.3.10.2, on-site means within
the physical footprint of the NLSL facility as determined by
BPA in the facility determination process.
Ashland may request to have BPA serve an NLSL at a PF
equivalent rate, as established in the applicable 7(i) Process,
if the following criteria are met:
(1) Ashland's end use consumer applies an on-site
renewable resource or on-site cogeneration resource to
reduce the load at a facility, that is otherwise not
eligible to be served at PF rates, to less than
ten Average Megawatts in a consecutive 12-month
period,
(2) the on-site renewable resource or on-site cogeneration
resource applied to the NLSL is behind Ashland's meter
to the load at the facility, and
(3) the on-site renewable resource or on-site cogeneration
resource is continuously applied to serve the NLSL,
consistent with BPA's NLSL Policy and BPA's Provider
of Choice Contract Record of Decision (ROD), August
2025, as amended or replaced.
If Ashland meets the criteria above and BPA grants
Ashland's request for the on-site renewable/cogeneration
exception, then BPA shall: (1) list the Consumer-Owned
Resource serving the NLSL in section 7.4 of Exhibit A and
(2) revise section 1 of Exhibit D to add the on-site renewable
resource or cogeneration facility and the requirements for
such service.
20.4 Priority of Pacific Northwest Customers
The provisions of Sections 9(c) and 9(d) of the Northwest Power Act and the
provisions of the Pacific Northwest Consumer Power Preference Act as
amended by the Northwest Power Act, as implemented pursuant to
BPA's 5(b)/9(c) Policy, are incorporated into this Agreement by reference.
Ashland, together with other customers in the Region, shall have priority to
electric power consistent with such provisions.
26PS-25001,Ashland 59
20.5 Prohibition on Resale
Ashland shall not resell Firm Requirements Power except to serve Ashland's
Total Retail Load or as otherwise permitted by federal law.
20.6 Use of Regional Resources
20.6.1 Within 60 calendar days prior to the start of each Fiscal Year,
Ashland shall provide notice to BPA of any firm power from Ashland's
Generating Resources during its term, listed in Exhibit A that has
been used to serve firm consumer load in the Region and that Ashland
plans to export for sale outside the Region in the next Fiscal Year.
Firm power includes firm energy and firm peaking capability.
BPA may request and Ashland shall provide within 30 calendar days
of such request, additional information on Ashland's sales and
dispositions of non-federal resources if BPA has information that
Ashland may have made such an export and not notified BPA. BPA
may request and Ashland shall provide within 30 calendar days of
such request, information on the planned use of any or all of Ashland's
Generating Resources.
During any Rate Period that Ashland has no purchase obligation for
Firm Requirements Power under section 3, Ashland shall have no
obligation to notify BPA of its exports under this section; provided,
however,Ashland shall provide notification of all applicable exports in
Rate Periods when it has a purchase obligation.
20.6.2 Ashland shall be responsible for monitoring any firm power from
Generating Resources it sells in the Region to ensure such firm power
is planned to be used to serve firm consumer load in the Region.
20.6.3 Subject to the 5(b)/9(c) Policy, if Ashland fails to report to BPA in
accordance with section 20.6.1 above, any of its planned exports for
sale outside the Region of firm power from a Generating Resource that
has been used to serve firm consumer load in the Region, and BPA
makes a finding that an export which was not reported was made,
then BPA shall decrement the amount of its Firm Requirements
Power sold under this Agreement by the amount and for the duration
of the export that was not reported and by any continuing export
amount. Decrements under the preceding sentence shall be first to
power that would otherwise be provided at the applicable firm power
rate, as determined by BPA. When applicable, such decrements shall
be identified in section 3.2 of Exhibit A.
20.6.4 For purposes of this section 20.6, an export for sale outside the Region
means a contract for the sale or disposition of firm power from a
Generating Resource during its term that has been used to serve firm
consumer load in the Region, which contract will be performed in a
manner that such output is no longer used or not planned to be used
26PS-25001,Ashland 60
solely to serve firm consumer load in the Region. Delivery of firm
power outside the Region under a seasonal exchange agreement that
is made consistent with BPA's 5(b)/9(c) Policy will not be considered
an export. Firm power from a Generating Resource used to serve firm
consumer load in the Region means the firm generating or load
carrying capability of a Generating Resource as established under the
resource planning criteria generally used within the Region.
20.6.5 For purposes of this section 20.6, if Ashland has notified BPA that it
will join and participate in an organized market using non-federal
firm power produced by a Generating Resource dedicated to supply its
Total Retail Load as identified in Exhibit A, then to the extent the
organized market operates geographically both within and outside the
Region, Ashland's participation in such market will not be considered
an export outside the Region, provided Ashland's dedicated
non-federal power obligation remains unchanged from the amount
identified in Exhibit A. Ashland's participation in an organized
market shall not increase the firm energy requirements of Ashland or
other customers of the Administrator, as determined by the
Administrator.
20.7 BPA Appropriations Refinancing
The Parties agree that the provisions of section 3201(i) of the Bonneville
Power Administration Refinancing section of the Omnibus Consolidated
Rescissions and Appropriations Act of 1996 (BPA Refinancing Act),
P.L. 104-134, 110 Stat. 1321, 350, as stated in the United States Code on the
Effective Date, are incorporated by reference and are a material term of this
Agreement.
21. STANDARD PROVISIONS
21.1 Amendments
Except where this Agreement explicitly allows for one Party to unilaterally
amend a provision or exhibit, no amendment of this Agreement shall be of
any force or effect unless set forth in writing and signed by authorized
representatives of each Party. Upon Ashland's request, and to the extent
BPA determines it is practicable, BPA shall provide Ashland a reasonable
opportunity to review any unilateral provision or exhibit revisions, or the
data that will be input into an exhibit revision, prior to BPA making such
unilateral revisions.
21.2 Entire Agreement and Order of Precedence
This Agreement, including documents expressly incorporated by reference,
constitutes the entire agreement between the Parties with respect to the
subject matter of this Agreement. It supersedes all previous
communications, representations, or contracts, either written or oral, which
purport to describe or embody the subject matter of this Agreement. The
body of this Agreement shall prevail over the exhibits to this Agreement in
the event of a conflict.
26PS-25001,Ashland 61
21.3 Assignment
This Agreement is binding on any successors and assigns of the Parties.
Neither Party may otherwise transfer or assign this Agreement, in whole or
in part, without: (1) the other Party's written consent, which shall not be
unreasonably withheld; and (2) the written consent of the United States
Department of Rural Utilities Service. Without limiting the foregoing, BPA's
refusal to consent to assignment shall not be considered unreasonable if, in
BPA's sole discretion: (1) the sale of power by BPA to the assignee would
violate any applicable statute, or(2) such sale might adversely affect the tax-
exempt status of bonds issued as part of an issue that finances or refinances
the Columbia Generating Station or that such sale might limit the ability to
issue future tax-exempt bonds to finance or refinance the Columbia
Generating Station. Ashland may not transfer or assign this Agreement to
any of its retail consumers.
21.4 No Third-Party Beneficiaries
This Agreement is made and entered into for the sole benefit of the Parties,
and the Parties intend that no other person or entity shall be a direct or
indirect beneficiary of this Agreement.
21.5 Waivers
No waiver of any provision or breach of this Agreement shall be effective
unless such waiver is in writing and signed by the waiving Party, and any
such waiver shall not be deemed a waiver of any other provision of this
Agreement or of any other breach of this Agreement.
21.6 BPA Policies
Any reference in this Agreement to BPA policies, including any revisions,
does not constitute agreement of Ashland to such policy by execution of this
Agreement, nor shall it be construed to be a waiver of the right of Ashland to
seek judicial review of any such policy.
21.7 Rate Covenant and Payment Assurance
Ashland agrees that it shall establish, maintain and collect rates or charges
sufficient to assure recovery of its costs for power and energy and other
services, facilities and commodities sold, furnished or supplied by it through
any of its electric utility properties. BPA may require additional forms of
payment assurance if: (1) BPA determines that such rates and charges may
not be adequate to provide revenues sufficient to enable Ashland to make the
payments required under this Agreement, or (2) BPA identifies in a letter to
Ashland that BPA has other reasonable grounds to conclude that Ashland
may not be able to make the payments required under this Agreement. If
Ashland does not provide payment assurance satisfactory to BPA, then BPA
may terminate this Agreement. Written notices sent under this section must
comply with section 1 of Exhibit I.
26PS-25001,Ashland 62
21.8 Procedure in the Event of Federal Base System Resource Loss
BPA shall provide notice to Ashland if BPA expects the loss of Federal
Base System Resource, as defined in Section 3(10) of the Northwest
Power Act, that: (1) is in excess of 450 aMW in a single year and is
expected to last for a period of five or more years, and(2) the replacement
cost of which would be included in the Tier 1 Cost Pool.
BPA shall conduct a public process to discuss targeted policy and CHWM
Contract amendments if,within 30 calendar days of such notice provided
in this section 21.8, a majority of CHWM Contract customers, or their
representatives, indicate in writing to BPA the customer's support to
open a public process to discuss targeted policy and contract
amendments. For purposes of calculating utility count under this
section, JOE Members will be counted individually.
22. PARTICIPATION IN WRAP
BPA is participating in the Western Resource Adequacy Program (WRAP) with its
first binding season occurring prior to October 1, 2028. If BPA ceases to participate
in WRAP,then BPA shall provide advance notice to Ashland of the date that BPA's
participation will end.
The remainder of this section 22 will not apply if BPA is not participating in WRAP.
22.1 Responsibilities and Provision of Information Necessary for WRAP
Participation
BPA shall be solely responsible for fulfilling its contractual obligations to
WRAP and shall provide WRAP with any necessary data regarding Ashland's
load and resources in compliance with WRAP requirements. Consistent with
this section 22, section 17, and section 5 of Exhibit J, Ashland shall provide
BPA with any necessary and requested information, forecasts, and
attestations associated with Ashland's Dedicated Resources and Consumer-
Owned Resources serving On-Site Consumer Load.
22.1.1 By October 1, 2027, BPA shall notify Ashland of its preferred mode of
communication for WRAP-related information.
22.1.2 BPA may request a signed Joint Contract Accreditation Form (JCAF)
from Ashland for any Dedicated Resources or Consumer-Owned
Resources serving On-Site Consumer Load relevant to the WRAP.
Ashland shall provide BPA with a signed JCAF(s) no later than
30 calendar days following such request and by the dates established
in section 5 of Exhibit J. JCAFs provided under this section shall
comply with the requirements of WRAP and shall be updated as
appropriate to meet WRAP requirements.
22.2 WRAP-Related Charges Under a Sharing Event
If BPA incurs any charges from WRAP attributed to Ashland's Dedicated
Resources or Consumer-Owned Resources serving On-Site Consumer Load,
then BPA shall pass through such charges, or the portion of such charges
26PS-25001,Ashland 63
related to Ashland's resources, to Ashland,subject to the terms of section 5 of
Exhibit J.
If BPA does not incur a charge from the WRAP entity but does incur a
WRAP-related cost attributed to Ashland's Dedicated Resources or
Consumer-Owned Resources serving On-Site Consumer Load, then BPA may
assess a charge pursuant to BPA's applicable Power Rate Schedules and
GRSPs and as established in a 7(i) Process.
22.3 WRAP and Resource-Related Exhibit Revisions
By June 30, 2027, Ashland and BPA shall review and make any necessary
revisions to Exhibit J to adjust the terms and conditions to implement this
section 22. Such revision may include terms and conditions such as, but not
limited to: BPA's preferred mode of communication, Ashland notices relevant
to WRAP, pass through charges for resources (subject to the limitations in
section 22.2 above), terms related to JCAFs, load exclusions, and any other
terms necessary to facilitate BPA's participation in WRAP.
In addition, if after June 30, 2027 Ashland elects to apply a Dedicated
Resources or Consumer-Owned Resources serving On-Site Consumer Load to
load for the first time, then Ashland and BPA shall review and make any
necessary revisions to Exhibit J to adjust the terms and conditions to
implement this section 22.
22.4 Load Exclusions
For purposes of this section 22, "load exclusion" means a distinct and
separately metered load of Ashland for which BPA is not the exclusive
wholesale provider and that is excluded from BPA's WRAP participation.
Ashland's request for a load exclusion, and BPA's decision of whether to allow
such load exclusion, shall be pursuant to section 5 of Exhibit J.
23. FUTURE AMENDMENT FOR DAY-AHEAD MARKET IMPLEMENTATION
If BPA decides, or has decided, to join a day-ahead market to serve Ashland's load,
then BPA shall conduct a public process to discuss implementation details of BPA's
decision and work with customers to determine: (1) any necessary amendments to
the Provider of Choice power sales agreements, including any necessary to align
with an updated Transmission Services tariff and settlements under an organized
market, and (2) the anticipated timeline for executing such amendments. Such
public process shall not be construed as reconsideration of BPA's market decision.
Any amendments negotiated during such public process shall be limited to those
necessary to implement a day-ahead market and shall not be conditioned by either
Party on modification to any other provision under this Agreement not related to
implementing a day-ahead market. Following the conclusion of such public process,
BPA shall issue the final amendment template and, based on the agreed-upon
timeline, prepare and offer Ashland a contract amendment using the amendment
template. Ashland's agreement to such amendment consistent with this section 23
shall not be unreasonably withheld.
26PS-25001,Ashland 64
Following BPA joining a day-ahead market to serve Ashland's load and the Parties
amend this Agreement pursuant to this section 23, BPA shall also conduct a public
process on the topic of settlements for the Slice Product in the day-ahead market
that BPA joins.
24. TERMINATION
BPA may terminate this Agreement if:
(1) Ashland fails to make payment as required by section 16.4, or
(2) Ashland fails to provide payment assurance satisfactory to BPA as required
by section 21.7.
Such termination is without prejudice to any other remedies available to BPA under
law.
25. SIGNATURES
This Agreement may be executed in several counterparts, all of which taken
together will constitute one single agreement, and may be executed by electronic
signature and delivered electronically. The Parties have executed this Agreement as
of the last date indicated below.
CITY OF ASHLAND UNITED STATES OF AMERICA
Department of Energy
Bonneville Power Administration
Sabrina Digitally signed by Digitally signed by KEVIN
Sabrina Cotta MOZENA
Cotta Date:2025.10.21 G�-.- --• Date:2025.10.23
By
21:13:42-07'00' By 14:54:33-07'00'
Name Sabrina Cotta Name Kevin Mozena
(Print/Type) (Print/Type)
Title City Manager Title Account Executive
Date 10/21/25 Date 10/23/25
(PSW:\CONTRACTS\POC\Ashland\Body\AS_25001_Body RevO_Final.docx) 09/28/2025
26PS-25001,Ashland 65
Exhibit A
NET REQUIREMENTS AND RESOURCES
1. NET REQUIREMENTS
BPA shall establish Ashland's Net Requirement based on its Total Retail Load
minus: (1)Ashland's Dedicated Resources determined pursuant to section 3.3 of the
body of this Agreement and listed in sections 2, 3, and 4 of this exhibit, and
(2) Consumer-Owned Resources determined pursuant to section 3.6 of the body of
this Agreement and listed in sections 7.1, 7.3, and 7.4 of this exhibit. The Parties
shall not add or remove resource amounts to change Ashland's purchase obligations
from BPA under section 3.1 of the body of this Agreement except in accordance with
sections 3.4.2, 3.5, 3.6 and 10 of the body of this Agreement.
2. LIST OF SPECIFIED RESOURCES
Ashland does not have any Specified Resources at this time.
3. COMMITTED POWER PURCHASE AMOUNTS
3.1 Committed Power Purchase Amounts Used to Serve Total Retail
Load
3.1.1 Shape of Committed Power Purchase Amounts
BPA shall calculate Ashland's Committed Power Purchase Amounts
using the Flat Annual Shape monthly shape and the selected Diurnal
shape listed below. BPA shall update the table below consistent with
section 3.4.2 of the body of this Agreement.
Shape of Committed Power Purchase Amounts
Monthly Shape Diurnal Shape Choice
Flat Annual Shape HLH Diurnal Shape Flat Within-Month
Shape
X X
X X
X X
X X
3.1.2 Committed Power Purchase Amounts
Ashland does not have any Committed Power Purchase Amounts at
this time.
3.2 Committed Power Purchase Amounts for 9(c) Export Decrements
Ashland does not have any Committed Power Purchase Amounts for
9(c) export decrements at this time.
26PS-25001,Ashland 1 of 3
4. DEDICATED RESOURCE AMOUNTS USED TO SERVE PLANNED NLSLs
AND NLSLs
Ashland does not have any Dedicated Resource amounts serving a Planned NLSL or
an NLSL at this time, in accordance with sections 3.5.8 and 20.3 of the body of this
Agreement.
5. TOTAL DEDICATED RESOURCE AMOUNTS
Ashland does not have any Dedicated Resource amounts at this time.
6. LIST OF RESOURCES NOT USED TO SERVE TOTAL RETAIL LOAD
Pursuant to section 17 of the body of this Agreement, Ashland does not own any
Generating Resources that are: (1) not Specified Resources listed in section 2 of
Exhibit A, and (2) greater than 1.000 megawatt of nameplate capability.
7. LIST OF CONSUMER-OWNED RESOURCES
7.1 Consumer-Owned Resources Serving On-Site Consumer Load
Pursuant to section 3.6 of the body of this Agreement, Ashland does not have
any Consumer-Owned Resources serving On-Site Consumer Load at this
time.
7.2 Consumer-Owned Resources Serving Load Other than On-Site
Consumer Load
Pursuant to section 3.6 of the body of this Agreement, Ashland does not have
any Consumer-Owned Resources serving load other than On-Site Consumer
Load at this time.
7.3 Consumer-Owned Resources Serving Both On-Site Consumer Load
and Load Other than On-Site Consumer Load
Pursuant to section 3.6 of the body of this Agreement, Ashland does not have
any Consumer-Owned Resources serving both On-Site Consumer Load and
load other than On-Site Consumer Load at this time.
7.4 Consumer-Owned Resources Serving Planned NLSL or NLSL
Pursuant to section 20.3.10 of the body of this Agreement, Ashland does not
have any Consumer-Owned Resources serving a Planned NLSL or an NLSL
at this time.
8. TABLES FOR HLH DIURNAL SHAPE
8.1 Specified Resources
If Ashland elects the HLH Diurnal Shape for its Specified Resources, then
Ashland shall fill in a table with monthly LLH and HLH amounts for each
year of the upcoming Rate Period for each Specified Resource. The monthly
LLH and HLH distributions shall be the same across all years of a Rate
Period. Ashland shall submit the tables to BPA when Ashland makes its
reshaping elections. BPA shall update the appropriate Dedicated Resource
amounts pursuant to Ashland's submitted elections and consistent with
section 3.4.2 of the body of this Agreement.
26PS-25001,Ashland 2 of 3
Exhibit A, Net Requirements and Resources
8.2 Committed Power Purchase Amounts
If Ashland elects the HLH Diurnal Shape for its Committed Power Purchase
Amounts, then Ashland shall submit to BPA in writing its elected ratios of
megawatt-hours per hour in HLH to megawatt-hours per hour in LLH by
October 31 of a Rate Case Year. Ashland shall submit to BPA twelve
monthly ratios and such monthly ratios shall apply for all years of the
corresponding Rate Period. BPA shall update the table below pursuant to
Ashland's submitted elections and consistent with section 3.4.2 of the body of
this Agreement. BPA shall calculate Ashland's Committed Power Purchase
Amounts using the ratios in the table below.
HLH Diurnal Shape for Committed Power Purchase Amounts
Rate Period HLH to LLH Ratios (HLH:LLH)
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
FY 2029 - FY 2030
FY 2031 - FY 2032
FY 2033 - FY 2034
FY 2035 - FY 2036
FY 2037- FY 2038
FY 2039 - FY 2040
FY 2041- FY 2042
FY 2043 - FY 2044
9. REVISIONS
BPA shall unilaterally revise this exhibit to reflect: (1) Ashland's elections
regarding the application and use of all resources owned by Ashland and Ashland's
retail consumers and (2) BPA's determinations relevant to this exhibit and made in
accordance with this Agreement. All other changes to this Exhibit A will be made by
mutual agreement of the Parties.
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26PS-25001,Ashland 3 of 3
Exhibit A, Net Requirements and Resources
Exhibit B
CONTRACT HIGH WATER MARKS
1. CONTRACT HIGH WATER MARK (CHWM)
1.1 CHWM Amount
By September 30, 2026, BPA shall fill in the table below with Ashland's
CHWM. Once established, BPA may only adjust Ashland's CHWM as
permitted pursuant to section 1.2 of this exhibit.
CHWM (annual aMW) 11:
Note: BPA shall round the number in the table above
to three decimal places.
11 CHWM amount effective October 1 2028.
1.2 CHWM Adjustments
BPA shall determine any adjustments to Ashland's CHWM pursuant to this
section 1.2. BPA shall notify Ashland of any adjustments and the date such
adjustment will be effective.
1.2.1 Corrections for NLSLs
If after BPA establishes Ashland's CHWM pursuant to section 7 of the
body of this Agreement, BPA determines that a load included in
Ashland's Total Retail Load in the CHWM calculation was an NLSL
or became an NLSL in FY 2023, then BPA shall adjust Ashland's
CHWM by removing the FY 2023 load associated with the NLSL from
Ashland's weather normalized Total Retail Load. BPA shall revise the
table in section 1.1 of this Exhibit B with the adjusted CHWM and its
effective date. BPA shall provide Ashland written notice of the
CHWM adjustment and its effective date, and will provide Ashland
with a revised Exhibit B. In the event of an adjustment, and subject
to any applicable statute of limitations, Ashland shall pay any charges
calculated by BPA to account for the ineligible PF rate purchases
dating back to October 1, 2028.
1.2.2 Annexed Load
If Ashland annexes load from a utility that has a CHWM Contract,
then BPA shall increase Ashland's CHWM in an amount determined
as follows:
(1) If Ashland and the other utility involved in the annexation
agree on the amount of the CHWM transfer to Ashland, then
BPA shall adopt that amount if BPA determines such amount
is reasonable.
(2) If Ashland and the other utility cannot agree on the amount of
the CHWM transfer to Ashland, or if BPA determines the
amount agreed to in section 1.2.2(1) of this exhibit is
unreasonable, then BPA shall calculate the amount of
26PS-25001,Ashland 1 of 4
Ashland's CHWM transfer using the following formula;
provided however that BPA may adjust the calculated amount
to reflect (A) the division of Dedicated Resources between the
utilities and (B) other pertinent information provided by
Ashland and the other utility:
Annexed Load minus annexed NLSLs, if any Other utility's pre-
Other utility's pre-annexation Total Retail X annexation CHWM
Load minus total NLSLs, if any
In no event shall the total CHWM amount of Ashland and the other
utility after the transfer exceed the total CHWM amount of Ashland
and the other utility prior to the transfer.
BPA shall revise the table in section 1.1 of this Exhibit B with the
adjusted CHWM which will be effective on the date that Ashland
begins service to the Annexed Load.
1.2.3 Ceded Load
If another utility with a CHWM Contract annexes load of Ashland,
then BPA shall reduce Ashland's CHWM in an amount determined as
follows:
(1) If Ashland and the other utility involved in the annexation
agree on the amount of the CHWM transfer to the other utility,
then BPA shall adopt that amount if BPA determines such
amount is reasonable.
(2) If Ashland and the other utility cannot agree on the amount of
the CHWM transfer to the other utility, or if BPA determines
the amount agreed to in section 1.2.3(1) of this exhibit is
unreasonable, then BPA will calculate the amount of Ashland
CHWM transfer using the following formula; provided
however, BPA may adjust the calculated amount to reflect (A)
the division of Dedicated Resources between the utilities and
(B) other pertinent information advanced by Ashland and the
other utility:
Annexed Load minus annexed NLSLs, if any
Ashland's pre-
Ashland's pre-annexation Total Retail Load X annexation CHWM
minus total NLSLs, if any
In no event shall the total CHWM amount of Ashland and the other
utility after the transfer exceed the total CHWM amount of Ashland
and the other utility prior to the transfer.
26PS-25001,Ashland 2 of 4
Exhibit B, Contract High Water Marks
BPA shall revise the table in section 1.1 of this Exhibit B with the
adjusted CHWM which will be effective on the date that the annexing
utility begins service to the Annexed Load.
1.2.4 Court Order on Annexation
BPA shall adjust Ashland's CHWM due to annexation if BPA's
Administrator determines that a court order requires BPA to do so.
BPA shall revise the table in section 1.1 of this Exhibit B with the
adjusted CHWM and its effective date. BPA shall provide Ashland
written notice of the CHWM adjustment and revised Exhibit B as soon
as reasonably practical.
1.2.5 Small Utility Adjustment
BPA shall determine in its sole discretion whether Ashland qualifies
for the Small Utility Adjustment. If Ashland is eligible for the Small
Utility Adjustment, then BPA shall also determine Ashland's
Maximum Potential CHWM for purposes of this section 1.2.5. For
purposes of this section 1.2.5, "Maximum Potential CHWM" means the
lesser of: (1) double Ashland's CHWM as calculated in the FY 2026
CHWM Calculation Process, or (2) 5 aMW. By September 30, 2026,
BPA shall fill in the table below indicating such eligibility and
Ashland's Maximum Potential CHWM.
Eligible for Small Maximum Potential
Utility Adjustment CHWM
If Ashland is eligible for the Small Utility Adjustment as indicated
above, then during each Above-CHWM Load Process BPA shall
determine whether an adjustment is needed and calculate such
adjustment as provided below. Any such adjustment would be added
to Ashland's CHWM.
(1) BPA will determine whether Ashland's Preliminary Net
Requirement exceeds its CHWM.
(2) If Ashland's Preliminary Net Requirement is less than its
CHWM, then BPA shall make no adjustment to Ashland's
CHWM.
(3) If Ashland's Preliminary Net Requirement exceeds its CHWM,
then BPA shall calculate a CHWM adjustment in an amount
equal to the difference between Ashland's Preliminary Net
Requirement and its CHWM not to exceed Ashland's Maximum
Potential CHWM stated above.
(4) If a proposed CHWM adjustment under section 1.2.5(3) above
would exceed Ashland's Maximum Potential CHWM,then BPA
26PS-25001,Ashland 3 of 4
Exhibit B, Contract High Water Marks
shall reduce such adjustment to an amount resulting in a
CHWM that equals Ashland's Maximum Potential CHWM.
(5) If Ashland's CHWM has been adjusted pursuant to
section 1.2.5(4) above, then BPA shall make no additional
change to Ashland's CHWM except as otherwise provided for in
this Exhibit B.
For any Rate Period that BPA adjusts Ashland's CHWM pursuant to
this section 1.2.5, BPA shall revise the table in section 1.1 of this
Exhibit B with the adjusted CHWM to be effective at the start of the
next Rate Period. BPA shall provide Ashland written notice of the
CHWM adjustment and revised Exhibit B. For purposes of the Tier 1
Marginal Energy True-Up rate, Ashland's CHWM shall be the
Maximum Potential CHWM as stated above.
2. REVISIONS
BPA shall unilaterally revise this exhibit pursuant to section 1 of this exhibit. All
other changes to this Exhibit B will be made by mutual agreement of the Parties.
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26PS-25001,Ashland 4 of 4
Exhibit B, Contract High Water Marks
Exhibit C
PURCHASE OBLIGATIONS
1. FIRM REQUIREMENTS POWER AT TIER 1 RATES
The portion of Ashland's purchase obligation that is priced at Tier 1 Rates is
established in section 8.1(1) of the body of this Agreement.
2. FIRM REQUIREMENTS POWER AT TIER 2 RATES
2.1 One-Time Above-CHWM Load Service Elections
Pursuant to section 9.2 of the body of the Agreement, Ashland shall elect one
of the following four options below to serve its Above-CHWM Load which
shall apply for the term of the Agreement except when Ashland elects to
change its Tier 2 Long-Term Rate purchase election amount pursuant to the
terms and conditions of sections 2.3.2 and 2.3.3 of this exhibit.
BPA shall revise this exhibit by March 31, 2027, to indicate Ashland's initial
election and purchase obligation by adding an 'X" to the box next to the
applicable option below.
Initial Election (1) Option A. All Tier 2 Long-Term Rate option
Ashland shall purchase and BPA shall serve all of Ashland's
Above-CHWM Load with Firm Requirements Power priced at the
Tier 2 Long-Term Rate.
Initial Election (2) Option B. Fixed Tier 2 Long-Term Rate option then flexible
option
Ashland shall purchase and BPA shall provide up to a fixed
Average Megawatt amount of Ashland's Above-CHWM Load with
Firm Requirements Power sold at the Tier 2 Long-Term Rate. Any
remaining Above-CHWM Load will be served with: (1) Firm
Requirements Power at the Tier 2 Short-Term Rate, (2) Firm
Requirements Power at a Tier 2 Vintage Rate, if applicable,
(3) Dedicated Resources, or(4) a combination of amounts of (1), (2)
and (3).
At the time of election as stated in section 9.3 of the body of this
Agreement, Ashland shall notify BPA of the fixed Average
Megawatt amount of its Above-CHWM Load BPA will serve up to
with Firm Requirements Power sold at a Tier 2 Long-Term Rate.
BPA shall update the following table to state such amount.
Fixed aMW Amounts - Tier 2 Lon -Term Election
Fiscal Year 2029 2030 2031 2032 2033 2034 2035 2036
Annual aMW
Fiscal Year 2037 2038 2039 2040 2041 2042 2043 2044
Annual aMW
Note: The amount in the table should be rounded to three decimal places.
26PS-25001,Ashland 1 of 12
Initial Election (3) Option C. Fixed flexible option then Tier 2 Long-Term Rate
option
Ashland shall elect up to a fixed Average Megawatt amount of
Above-CHWM Load that will be served with: (1) Firm
Requirements Power at the Tier 2 Short-Term Rate, (2) Firm
Requirements Power at a Tier 2 Vintage Rate, if applicable,
(3) Dedicated Resources, or(4) a combination of amounts of (1), (2)
and (3).
At the time of election, Ashland shall notify BPA of the fixed
Average Megawatt amount of its Above-CHWM Load that will be
served up to under the flexible option for the duration of the
contract. BPA shall update the following table to state such
amounts.
Ashland shall purchase and BPA shall serve any remaining
Above-CHWM Load with Firm Requirements Power sold at the
Tier 2 Long-Term Rate.
Fixed aMW Amounts - Flexible Election
Fiscal Year 2029 2030 2031 2032 2033 2034 2035 2036
Annual aMW
Fiscal Year 2037 2038 2039 2040 2041 2042 2043 2044
Annual aMW
Note: the amount in the table should be rounded to three decimal places.
Initial Election ❑ (4) Option D. All flexible option
Ashland's Above-CHWM Load shall be served with (1) Firm
Requirements Power at the Tier 2 Short-Term Rate, (2) Firm
Requirement Power at a Tier 2 Vintage Rate, if applicable,
(3) Dedicated Resources, or(4) a combination of amounts of (1), (2)
and (3).
If Ashland fails to notify BPA of its Above-CHWM Load service election
pursuant to section 9.2 of the body of this Agreement, then Ashland shall be
deemed to have elected option D under section 2.1 of this exhibit and Ashland
shall serve all of its Above-CHWM Load amounts with the options stated in
section 2.1(4) above.
Ashland's total Tier 2 Rate purchase obligation amount(s) that BPA shall
provide and Ashland shall purchase consistent with sections 3.1 and 3.2 of
the body of this Agreement shall be stated in the table below in section 2.9.
2.2 Rounding Option
If Ashland elects option B, C, or D under section 2.1 above, then by July 31,
2027, Ashland may elect to have BPA serve up to 0.999 aMW of its Above-
CHWM Load through the Tier 1 Rate design, pursuant to the PRDM, for the
26PS-25001,Ashland 2 of 12
Exhibit C, Purchase Obligations
term of the Agreement. No later than March 31, 2028, BPA shall indicate
Ashland's election for all Rate Periods through the term of the Agreement in
the table below.
By July 31 of each Forecast Year, Ashland may notify BPA if it wants to
change its rounding option election, and BPA shall update the table below to
reflect such change by March 31 following Ashland's notification.
Rate Rounding
Period Option
Elected
BP-29
BP-31
BP-33
BP-35
BP-37
BP-39
BP-41
BP-43
Note: Add X if customer
elects rounding option.
2.3 Tier 2 Long-Term Rate
2.3.1 Election Opportunity and Tier 2 Long-Term Rate Purchase
Obligation Amount
Ashland may elect to purchase Firm Requirements Power at the
Tier 2 Long-Term Rate to serve its Above-CHWM Load by selecting
options A, B or C under section 2.1 of this exhibit. If Ashland elects
option A, B or C, then BPA shall update the table below by March 31
of each Rate Case Year to state the amount of Firm Requirements
Power Ashland is obligated to purchase at the Tier 2 Long-Term Rate
for the upcoming Rate Period as follows.
If Ashland elects option A under section 2.1, then the amount of Firm
Requirements Power Ashland is obligated to purchase at the Tier 2
Long-Term Rate shall equal Ashland's Above-CHWM Load amount,
calculated for each Fiscal Year of the applicable Rate Period, as stated
in the table in this section 2.3.1.
If Ashland elects option B under section 2.1, then the amount of Firm
Requirements Power Ashland is obligated to purchase at the Tier 2
Long-Term Rate shall be the lesser of Ashland's Above-CHWM Load
amount, calculated for each Fiscal Year of the applicable Rate Period,
or the fixed Average Megawatt amount elected under the Tier 2 Long-
Term option stated in the table in section 2.1(2) above.
26PS-25001,Ashland 3 of 12
Exhibit C, Purchase Obligations
If Ashland elects option C under section 2.1, then the amount of Firm
Requirements Power Ashland is obligated to purchase at the Tier 2
Long-Term Rate shall equal the amount of Ashland's Above-CHWM
Load, calculated for each Fiscal Year of the applicable Rate Period,
that exceeds the fixed Average Megawatt amount to be served under
the flexible option as stated in the table in section 2.1(3) above.
Tier 2 Long-Term Rate Purchase Obligation Amount
Fiscal Year 2029 2030 2031 2032 2033 2034 2035 2036
Annual aMW
Fiscal Year 2037 2038 2039 2040 2041 2042 2043 2044
Annual aMW
Note: Fill in the table above with the annual Average Megawatts,rounded to
three decimal places.
2.3.2 Right to Reduce Tier 2 Long-Term Rate Election Amount
Without a Fee
Ashland shall have a one-time right to request to reduce its Tier 2
Long-Term Rate election amount under options A, B, or C, without
any charges or fees,if: (1) Ashland submits a written request to BPA
prior to August 1, 2027, and (2) BPA has not acquired power for the
purposes of serving Ashland's Tier 2 Long-Term Rate purchase
obligation.
BPA, in its sole discretion, shall determine whether Ashland's request
to reduce its Tier 2 Long-Term Rate election amount meets the notice
requirements. BPA shall notify Ashland if the request does not meet
the notice requirements.
If BPA determines that Ashland's request meets the notice
requirements, then BPA shall reduce Ashland's Tier 2 Long-Term
Rate election amount. By March 31, 2028, BPA shall: (1) update the
applicable table(s) in section 2 of this exhibit with Ashland's updated
Tier 2 Long-Term Rate election amount, and (2) update Ashland's
election in section 2.1 if applicable.
2.3.3 Right to Reduce Tier 2 Long-Term Election Amount with a Fee
2.3.3.1 Changes to Tier 2 Long-Term Elections
Regardless of any reduction made pursuant to section 2.3.2
above, over the remaining term of the Agreement Ashland shall
have a one-time right to reduce its Tier 2 Long-Term Rate
election amount under section 2.1 above, including reducing
such amount to zero.
2.3.3.2 Notification and Service Options
Ashland shall notify BPA in writing of its one-time election to
reduce the amount of power Ashland is obligated to purchase
26PS-25001,Ashland 4 of 12
Exhibit C, Purchase Obligations
under section 2.3.3.1 above no less than three years prior to the
start of the Rate Period that its election would be effective.
Ashland's election under section 2.3.3.1 above shall be binding
for the remaining term of the Agreement.
If Ashland elects to reduce its Tier 2 Long-Term Rate election
amount pursuant to section 2.3.3.1 above, then Ashland shall
serve the amount of the reduction with: (1) Firm Requirements
Power at the Tier 2 Short-Term Rate, (2) Firm Requirement
Power at a Tier 2 Vintage Rate, if applicable, (3) Dedicated
Resources, or (4) a combination of amounts of (1), (2) and (3).
Ashland shall notify BPA of its intent to serve its Above-
CHWM Load with one of the four options listed in
section 2.3.3.2 consistent with the terms and conditions stated
in section 2 of Exhibit C.
2.3.3.3 Exhibit Updates
By March 31 following Ashland's election notice under
section 2.3.3.2 above, BPA shall: (1) update the applicable
table(s) in section 2 of this exhibit, with Ashland's updated
Tier 2 Long-Term Rate election amount, and (2) update
Ashland's election in section 2.1 of this exhibit. BPA will
update Exhibit A with any changes to Ashland's Dedicated
Resource amounts.
2.3.3.4 Charges to Change Tier 2 Long-Term Election Amount
Ashland shall pay any charges that apply as a result of
Ashland exercising the one time right to change its Tier 2
Long-Term Rate election amount under this section 2.3.3. BPA
shall calculate such charges pursuant to the PRDM and the
applicable Power Rate Schedules and GRSPs. BPA shall not
make payment to Ashland as a result of BPA reducing the fixed
up to Average Megawatt amounts of Firm Requirements Power
that Ashland is obligated to purchase at Tier 2 Long-Term
Rates.
2.4 Tier 2 Short-Term Rate
Subject to the limitations in section 2.4.1 below, Ashland may elect to
purchase Firm Requirements Power at Tier 2 Short-Term Rates by electing
option B, C or D under section 2.1 above.
If Ashland elects options B, C or D, then by July 31, 2027, and by July 31 of
each Forecast Year, Ashland shall notify BPA of the amount of its Above-
CHWM Load it requests for BPA to serve, if any, at the Tier 2 Short-Term
Rate for the following Rate Period. Subject to the limitations in section 2.4.2
below, BPA shall update the table below by March 31 of each Rate Case Year
26PS-25001,Ashland 5 of 12
Exhibit C, Purchase Obligations
to state the amount of power Ashland is obligated to purchase at the Tier 2
Short-Term Rate as follows.
If Ashland elects option B under section 2.1, then the amount of Firm
Requirements Power Ashland may request to purchase at the Tier 2 Short-
Term Rate shall not exceed the difference between Ashland's Above-CHWM
Load, calculated for each Fiscal Year of the applicable Rate Period, and the
fixed Average Megawatt amount elected under the Tier 2 Long-Term option
stated in the table in section 2.1(2) above.
If Ashland elects option C under section 2.1, then the amount of Firm
Requirements Power Ashland may request to purchase at the Tier 2 Short-
Term Rate, shall not exceed the lesser of Ashland's Above-CHWM Load
amount calculated for each Fiscal Year of the applicable Rate Period or the
fixed up to Average Megawatt amount to be served under the flexible option
as stated in the table in section 2.1(3) above.
If Ashland elects option D under section 2.1, then the amount of Firm
Requirements Power Ashland may request to purchase at the Tier 2 Short-
Term Rate, shall not exceed Ashland's Above-CHWM Load amount,
calculated for each Fiscal Year of the applicable Rate Period.
Tier 2 Short-Term Rate Purchase Obli ation Amounts
Fiscal Year 2029 2030 2031 2032 2033 2034 2035 2036
Annual aMW
Fiscal Year 2037 2038 2039 2040 2041 2042 2043 2044
Annual aMW
Note: Fill in the table above with annual Average Megawatts, rounded to
three decimal places.
2.4.1 Limitations on Tier 2 Short-Term Rate Amounts
BPA shall attempt to acquire power to serve Ashland's total amount of
load requested to be served with Firm Requirements Power at the
Tier 2 Short-Term Rate. If BPA is unable to acquire power, at any
price, and cannot meet all customers' requests to purchase power at the
Tier 2 Short-Term Rate, then each applicable Rate Period BPA:
(1) shall notify Ashland of the unavailability of power at the Tier 2
Short-Term Rate and (2) may limit the amount of Firm Requirements
Power at the Tier 2 Short-Term Rate that Ashland can purchase. If
BPA receives multiple requests to provide Firm Requirements Power
at the Tier 2 Short-Term Rate for the same Rate Period, and if BPA is
only able to acquire power to serve a portion of the total requests for
power priced at the Tier 2 Short-Term Rate, then BPA shall
proportionally reduce all requests for the Rate Period on a pro rata
basis.
By March 31, 2028 and by March 31 of each Rate Case Year
thereafter, BPA shall notify customers of the unavailability or pro-
rata reduction of power available at the Tier 2 Short-Term Rate.
26PS-25001,Ashland 6 of 12
Exhibit C, Purchase Obligations
2.4.2 Determining Pro-Rata Shares of Amounts at Tier 2 Short-Term
Rate
If necessary pursuant to section 2.4.1 above, BPA shall determine
Ashland's pro-rata amount of power available for purchase at a Tier 2
Short-Term Rate for the applicable Rate Period based on (1) the actual
amounts BPA is able to acquire to meet all customers' aggregate
requests for service at a Tier 2 Short-Term Rate and (2) the total
amount of Firm Requirements Power requested at the Tier 2 Short-
Term Rate in section 2.4 each Rate Period. BPA will adjust individual
amounts of Firm Requirements Power at the Tier 2 Short-Term Rate
downward by the ratio between sections 2.4.2.(1) and2.4.2.(2)above to
calculate the amounts of the proportional share adjustment.
In the event BPA adjusts amounts at the Tier 2 Short-Term Rate
downward, Ashland shall apply Dedicated Resources to serve the
portion of its election at the Short-Term Tier 2 Rate that BPA is
unable to supply. BPA will update amounts in Exhibit A in
accordance with section 2.6 below.
2.4.3 Failure to Make an Election
If Ashland fails to make an election and does not notify BPA of its
Tier 2 Short-Term Rate election amounts pursuant to section 2.4
above, then BPA shall enter "zero" for the applicable Fiscal Years of
the Rate Period. Ashland shall serve its remaining Above-CHWM
Load amounts with Dedicated Resources to meet its Above-CHWM
Load and any amounts will be updated in Exhibit A in accordance
with section 2.6 below.
2.4.4 Liability
In no event shall BPA make payment to Ashland as a result of
Ashland electing to reduce the amounts of Firm Requirements Power
that Ashland is obligated to purchase at Tier 2 Short-Term Rates. In
no event shall BPA make payment to Ashland if it is unable to secure
power to meet requests for purchases at the Tier 2 Short-Term Rate.
2.5 Tier 2 Vintage Rate Alternative
If Ashland elects option B, C, or D under section 2.1 above, then Ashland is
eligible to purchase Firm Requirement Power at a Tier 2 Vintage Rate, if
offered by BPA, as described in this section 2.5. For purposes of this
section 2.5, "Vintage Resource" means the output of a physical resource that
BPA determines, in its sole discretion, to acquire for a period of greater than
three years and that forms the cost basis for pricing Firm Requirements
Power subject to an established Tier 2 Vintage Rate. BPA may offer to sell
Firm Requirements Power at a Tier 2 Vintage Rate whenever it acquires a
Vintage Resource.
BPA shall notify customers with a CHWM Contract at least 60 calendar days
prior to making a Request For Offer (RFO) for a Vintage Resource. Within
26PS-25001,Ashland 7 of 12
Exhibit C, Purchase Obligations
30 calendar days of such notice, Ashland shall notify BPA of the amount of
Firm Requirements Power it will purchase from BPA at a Tier 2 Vintage
Rate associated with the Vintage Resource.
Following the close of the RFO, BPA shall determine, in its sole discretion,
whether to proceed with acquiring the Vintage Resource. If BPA decides to
proceed with acquiring the Vintage Resource,then BPA will notify Ashland of
the available quantity, if any, of Firm Requirement Power that customer is
eligible to purchase at the Tier 2 Vintage Rate, and the estimated Tier 2
Vintage Rate. Ashland shall execute a Statement of Intent, as stated in
section 2.5.1 below, to purchase identified amounts of Firm Requirements
Power at the applicable Tier 2 Vintage Rate. The Statement of Intent will
include the process and timing to elect the Vintage Alternative and execute a
Statement of Intent.
2.5.1 Statement of Intent
If Ashland elects to purchase Firm Requirements Power from BPA at
Tier 2 Vintage Rates, then Ashland shall sign a Statement of Intent
provided by BPA which will state the amount of power Ashland
commits to purchase at a Tier 2 Vintage Rate. The Statement of
Intent will be binding unless BPA does not complete the acquisition of
the Vintage Resource consistent with section 2.5.3 below.
2.5.2 Tier 2 Vintage Rate
BPA shall determine the applicable Tier 2 Vintage Rate in accordance
with the PRDM and applicable Power Rate Schedules and GRSPs.
BPA will restate in the Statement of Intent the applicable Tier 2
Vintage Rate for the Vintage Resource.
2.5.3 BPA Acquisition of Vintage Resource
If BPA acquires the Vintage Resource, then BPA shall notify Ashland
that the acquisition is complete and update the table in section 2.5.8
below with the amount of Firm Requirements Power sold at a Tier 2
Vintage Rate and the contract number for the Statement of Intent. If
BPA does not complete the acquisition of the Vintage Resource, then
BPA shall notify Ashland, and the Statement of Intent will become
null and void. If BPA does not complete the acquisition, then
Ashland's current elections for service to its Above-CHWM Load above
shall continue to apply.
2.5.4 Additional Provisions Applicable to the Statement of Intent
2.5.4.1Additional Terms and Conditions in Statement of Intent
In addition to paying the Tier 2 Vintage Rate, Ashland will also
be subject to such additional terms and conditions associated
with its selection of the Tier 2 Vintage Rate as described in the
Statement of Intent. Such additional terms may include, but
are not limited to, liquidated damages, if applicable, associated
with the purchase of the Vintage Resource.
26PS-25001,Ashland 8 of 12
Exhibit C, Purchase Obligations
2.5.4.2Duration of Statement of Intent
The Tier 2 Vintage Resource amounts applied to serve
Ashland's Above-CHWM Load under this Agreement will not
apply beyond the expiration of this Agreement, except as stated
in the Statement of Intent.
2.5.4.3Maximum Amount of Firm Requirements Power at
Tier 2 Vintage Rate
The maximum amount of Firm Requirements Power Ashland is
eligible to purchase at a Tier 2 Vintage Rate will be equal to
the annual maximum forecast of Ashland's flexible
Above-CHWM Load amounts of Ashland's election under
section 2.1, minus any Dedicated Resources serving Ashland's
Above-CHWM Load. BPA will develop the annual maximum
forecast of Ashland's flexible Above-CHWM Load amounts at
the time BPA issues the RFO for the Vintage Resource. Such
forecast shall apply for the term of BPA's acquisition of the
Vintage Resource or the term of this Agreement, whichever
terminates first.
2.5.4.4 Commencement of the Vintage Resource
Ashland's Statement of Intent shall include procedures for how
BPA will address the availability and timing of a Vintage
Resource, if the timing of such Vintage Resource is not
concurrent with the timing of any elections made by Ashland in
sections 2.1 and 2.4 of this exhibit.
2.5.5 Multiple Requests for Vintage Resource
Ashland's Statement of Intent shall include procedures for how BPA
will address multiple requests for Firm Requirements Power sold by
BPA at a Tier 2 Vintage Rate if the aggregate amount of customer
requests exceeds the amount of the Vintage Resource.
2.5.6 Tier 2 Vintage Amounts in Excess of Above-CHWM Load
If Ashland purchases an amount of power from BPA at a Tier 2
Vintage Rate that exceeds its current Above-CHWM Load, then BPA,
in its sole discretion, may either:
(1) determine any amount of power that exceeds Ashland's Above-
CHWM Load as surplus power and provide such to Ashland at
a surplus rate equivalent to the applicable Tier 2 Vintage Rate
to be managed by Ashland; or
(2) in accordance with section 10 of this exhibit, and pursuant to
the PRDM, provide a remarketing service for the power that
exceeds Ashland's Above-CHWM Load until Ashland's Above-
CHWM Load can accommodate the contracted amount of power
purchased at the Tier 2 Vintage Rate.
26PS-25001,Ashland 9 of 12
Exhibit C, Purchase Obligations
2.5.7 Treatment of Tier 2 Vintage Rate and Tier 2 Short-Term Rate
Purchase Obligations
In addition to the right to purchase power at a Tier 2 Vintage Rate
established in this section 2.5, Ashland may have the opportunity to
purchase Firm Requirements Power at Tier 2 Vintage Rates
regardless of whether Ashland is purchasing power at Tier 2 Short-
Term Rates,if BPA determines, in its sole discretion, to offer Ashland
a Statement of Intent that would provide Ashland the opportunity to
purchase Firm Requirements Power at Tier 2 Vintage Rates.
Any election by Ashland to purchase Firm Requirements Power at
Tier 2 Vintage Rates shall not relieve Ashland of any obligation to
purchase Firm Requirements Power at another Tier 2 Rate.
Any amounts of power that Ashland is obligated to purchase at a
Tier 2 Vintage Rate or Tier 2 Short-Term Rate that exceeds its Above-
CHWM Load will be treated pursuant to section 2.5.6 above.
2.5.8 Tier 2 Vintage Rate Elections, Amounts and Exhibit Updates
If applicable, BPA shall update the table below within 90 calendar
days of signing the Statement of Intent,with Ashland's Tier 2 Vintage
Rate purchase obligation amounts.
Ashland's Annual Amounts at Tier 2 Vintage Rate.
Statement of Intent Contract No. <c##PS-#####»
Fiscal Year 2029 2030 2031 2032 2033 2034 2035 2036
Annual aMW
Fiscal Year 2037 2038 2039 2040 2041 2042 2043 2044
Annual aMW
Note: Fill in the table above with annual Average Megawatts, rounded to
three decimal places. Leave FY blank when not purchasing at a Tier 2
Vintage Rate. Include SOI numbers in table title.
By September 15 of each Fiscal Year or immediately following the
establishment of a Tier 2 Vintage Rate for which Ashland signed a
Statement of Intent, BPA shall update the table in section 2.8.2 with
Ashland's Tier 2 Vintage Rate purchase obligation amounts.
2.6 Obligation to Apply Dedicated Resources
Ashland shall apply Dedicated Resources to serve the portion of its Above-
CHWM Load that exceeds the sum of all Ashland's purchase obligations at
Tier 2 Rates under sections 2.3, 2.4, and 2.5 above. BPA shall add Ashland's
Dedicated Resources to section 2 and section 3 of Exhibit A.
2.7 Above-CHWIVI Load Liability
If Ashland annexes load from another customer with a CHWM Contract that
had Above-CHWM Load served with Firm Requirements Power purchased at
a Tier 2 Long-Term Rates, Tier 2 Short-Term Rate or a Tier 2 Vintage Rate,
26PS-25001,Ashland 10 of 12
Exhibit C, Purchase Obligations
then Ashland shall pay any costs that BPA determines apply as a result of
such annexation. BPA shall determine such costs, if any, during the
7(i) Process that follows Ashland's notice of annexation. BPA shall include
such cost identified through the 7(i) Process on Ashland's bill. In no event
shall BPA make payment to Ashland as a result of Ashland reducing its
amounts of Firm Requirements Power.
2.8 This section intentionally left blank.
2.9 Amounts of Power to be Billed at Tier 2 Rates
By March 31, 2028 and by March 31 of each Rate Case Year thereafter, BPA
shall update the table in section 2.9 of this exhibit, consistent with Ashland's
elections for the upcoming Rate Period, with: (1) the planned annual average
amounts of Firm Requirements Power that Ashland shall purchase at the
Tier 2 Long-Term Rate, Tier 2 Short-Term Rate, and Tier 2 Vintage Rate, if
applicable, and (2) any remarketed Tier 2 Rate purchase amounts in
accordance with section 10 of the body of this Agreement.
By March 31, 2028, and by March 31 of each Rate Case Year thereafter, BPA
shall update the table below with such amounts for each year of the
upcoming Rate Period consistent with sections 2.3, 2.4 and 2.5 of this exhibit.
The difference between Above-CHWM Load and Tier 2 Rate amounts will be
served pursuant to section 2.6 of this exhibit.
Annual Amounts Priced at Tier 2 Rates (aMW)
Fiscal Year 2029 2030 2031 2032 2033 2034 2035 2036
No Tier 2 at
this time
Remarketed
or Surplus
Power
Vintage Rate
Amounts
Firm
Requirements
Power at Tier
2 Rates
26PS-25001,Ashland 11 of 12
Exhibit C, Purchase Obligations
Annual Amounts Priced at Tier 2 Rates (aMW)
Fiscal Year 2037 2038 2039 2040 2041 2042 2043 2044
No Tier 2 at
this time
Remarketed
or Surplus
Power
Vintage Rate
Amounts
Firm
Requirements
Power at Tier
2 Rates
Notes:
1. List each applicable Tier 2 rate in the table above. For the first applicable Tier 2 rate
replace No Tier 2 at this time with the name of the applicable Tier 2 rate. For each
additional Tier 2 rate,add a new row above the Remarketed Amounts row. If Ashland
elects not to purchase at Tier 2 rates,then leave No Tier 2 at this time in the table and
leave the remainder of the table blank.
2. Fill in the table above with annual Average Megawatts rounded to three decimal
places.
3. Fill in Firm Requirements Power at Tier 2 Rates as the sum of all Tier 2 Rate amounts
less any Remarketed or Surplus Tier 2 Vintage Rate amounts.
3. REVISIONS
BPA shall unilaterally revise this exhibit to reflect: (1) Ashland's elections
regarding service to its Above-CHWM Load, and (2) BPA's determinations relevant
to this exhibit and made in accordance with this Agreement. All other changes to
this Exhibit C will be made by mutual agreement of the Parties.
(PSW:\CONTRACTS\POC\Ashland\Exh C\AS_25001_ExhC RevO_Final.docx) 09/28/2025
26PS-25001,Ashland 12 of 12
Exhibit C, Purchase Obligations
Exhibit D
ADDITIONAL PRODUCTS AND SPECIAL PROVISIONS
1. CF/CT AND NEW LARGE SINGLE LOADS
1.1 CF/CT Loads
Ashland has no loads identified that were CF/CTs as of September 1, 1979, as
defined in Section 3(13)(A) of the Northwest Power Act.
1.2 Potential NLSLs
Ashland has no identified Potential NLSLs.
1.3 Planned NLSLs
1.3.1 Planned NLSLs Served by BPA
Ashland has no Planned NLSLs served by BPA.
1.3.2 Planned NLSLs Served with Dedicated Resource or Consumer-
Owned Resource Amounts
Ashland has no Planned NLSLs served with Dedicated Resource or
Consumer-Owned Resource amounts.
1.4 NLSLs
1.4.1 NLSLs Served by BPA
Ashland has no NLSLs served by BPA.
1.4.2 NLSLs Served by Dedicated Resource or Consumer-Owned
Resource Amounts
Ashland has no NLSLs served with Dedicated Resource or Consumer-
Owned Resource amounts.
1.4.3 Renewable Resource/Cogeneration Exception
Ashland's end-use consumer is not currently applying an on-site
renewable resource or cogeneration facility to an NLSL.
2. REVISIONS
BPA shall unilaterally revise section 1, CF/CT and New Large Single Loads to
reflect BPA's determinations made in accordance with section 20.3 of the body of the
Agreement and section 1 of this Exhibit D. All other changes to this Exhibit D will
be made by mutual agreement of the Parties.
(PSW:\CONTRACTS\POC\Ashland\Exh D\AS_25001_ExhD RevO_Final.docx) 09/28/2025
26PS-25001,Ashland 1 of 1
Exhibit E
METERING
1. METERING
BPA POD Name BPA POD BPA POM Name BPA POD Location POD POM Location Direction WECC Manner Manner Of Meteri Exception
Number POM Description Voltage kV Description for PF Balancing Of Service Loss
Number Billing Authority Service Description Adjust-
Purposes ent
2. REVISIONS
Each Party shall notify the other with any requests to update this exhibit The Parties shall coordinate and seek mutual agreement on any such requested exhibit revisions.Upon such agreement,or if the
agreement is unreasonably withheld or delayed,EPA shall revise this exhibit to accurately reflect what EPA determines are the actual characteristics of PODS and meter information described in this
exhibit Unless the Parties otherwise agree,BPA shall not revise the exhibit any sooner than 60 calendar days after the request to update this exhibit BPA shallprovide Ashland with a revised Exhibit E.
The effective date will be the date stated at the top of the revised exhibit
(PSW.\CONTRACTS\POC\Ashlend\Exh E\AS_25001_ExI E R-0 Fi-1 dex)09/28/2025
26PS-25001,Ashland 1 of 1
Exhibit F
TRANSMISSION SCHEDULING SERVICE
1. DEFINITIONS, PURPOSE AND PARAMETERS
1.1 Definitions
1.1.1 "Balancing Authority" means the responsible entity that integrates
resource plans ahead of time, maintains demand and resource balance
within a Balancing Authority Area, and supports interconnection
frequency in real time.
1.1.2 "Balancing Authority Area" means the collection of generation,
transmission, and loads within the metered boundaries of the
Balancing Authority. The Balancing Authority maintains load-
resource balance within this area.
1.1.3 "Electronic Tag" or "E-Tag" means an electronic record that contains
the details of a transaction to transfer energy from a source point to a
sink point where the energy is scheduled for transmission across one
or more Balancing Authority Area(s), consistent with all relevant
WECC, NAESB, NERC and FERC requirements.
1.1.4 "Heavy Load Hours" or "HLH" means hours ending 0700 through
2200 hours Pacific Prevailing Time (PPT),Monday through Saturday,
excluding holidays as designated by the North American Electric
Reliability Corporation (NERC).
1.1.5 "Interchange Points" means the points where Balancing Authority
Areas interconnect and at which the interchange of energy between
Balancing Authority Areas is monitored and measured.
1.1.6 "Light Load Hours" or "LLH" means: (1) hours ending 0100 through
0600 and 2300 through 2400 hours PPT, Monday through Saturday,
and (2) all hours on Sundays and holidays as designated by NERC.
1.1.7 "Open Access Transmission Tariff' or "OATT" means the terms and
conditions of point-to-point and network integration transmission
services, ancillary services, and generator interconnections offered by
BPA or a Third-Party Transmission Provider.
1.1.8 "Planned Transmission Outage" means an event that reduces the
transmission capacity on a segment of the transmission path used to
deliver Ashland's Dedicated Resource prior to the initial approval of
the E-Tag.
1.1.9 "Transmission Curtailment" means an event that is initiated by a
transmission provider through a curtailment to the E-Tag as a result
26PS-25001,Ashland 1 of 10
of transmission congestion or an outage on the path used to deliver
Ashland's Dedicated Resource.
1.1.10 "Transmission Curtailment Management Service" or "TOMS" means
the service BPA will provide to customers with a qualifying resource
when a Transmission Curtailment occurs between such resource and
the customer load.
1.1.11 "Transmission Event" means a Planned Transmission Outage or a
Transmission Curtailment.
1.1.12 "Transmission Scheduling Service" or "TSS" means the power
scheduling service that BPA provides to Ashland that allows BPA to
manage certain aspects of Ashland's BPA NT Agreement with
Transmission Services, to allow BPA to use the inherent flexibilities of
Ashland's network rights in combination with other network
customers' rights to manage BPA's power resources efficiently, and to
provide seamless scheduling for Transfer Service customers.
1.1.13 "Transmission Scheduling Service-Full" or "TSS-Full" means the
Transmission Scheduling Service for a specific Dedicated Resource or
Consumer-Owned Resource serving On-Site Consumer Load where
BPA performs all necessary scheduling, including the creation and
maintenance of E-Tags for such resource.
1.2 Transmission Scheduling Service-Full (TSS-Full)
This section 1.2 shall apply to any of Ashland's Dedicated Resource(s) and
Consumer-Owned Resource(s) serving On-Site Consumer Load listed as
purchasing TSS-Full in section 1 of Exhibit J.
Beginning October 1, 2028, and through the term of this Agreement, Power
Services shall provide and Ashland shall purchase TSS-Full for its Dedicated
Resource(s) and Consumer-Owned Resource(s) serving On-Site Consumer
Load listed as purchasing TSS-Full in section 1 of Exhibit J. Power Services
shall schedule Ashland's BPA-provided power, Dedicated Resource(s) and
Consumer-Owned Resource(s) serving On-Site Consumer Load to Ashland's
Total Retail Load under Ashland's BPA NT Agreement with Transmission
Services and/or other transmission agreement(s). Power Services shall not
provide TSS-Full for anything other than delivery to Ashland's Total Retail
Load.
Power Services shall perform all necessary prescheduling and real-time
scheduling functions, and make other arrangements and adjustments,
consistent with any RSS products and any other products and services
Ashland is purchasing from Power Services. Ashland shall continue to be
responsible for all non-scheduling provisions of its transmission agreement(s)
used to serve Ashland's Total Retail Load, in accordance with the applicable
OATT, including, but not limited to, the designation and undesignation of
Network Resources, as defined by the applicable OATT.
26PS-25001,Ashland 2 of 10
Exhibit F, Transmission Scheduling Service
Ashland shall be subject to the rates, terms and conditions for TSS-Full
specified in BPA's applicable Power Rate Schedules and GRSPs.
1.3 This section intentionally left blank.
2. ASSIGNMENT OF SCHEDULING RIGHTS
Ashland agrees that:
(1) Power Services is the scheduling entity for service taken under Ashland's
BPA NT Agreement with Transmission Services;
(2) Power Services has the right to acquire and manage secondary service under
Ashland's NT Agreement with Transmission Services pursuant to
section 28.4 of the BPA OATT as necessary to fulfill Power Services'
obligations under this Agreement. If necessary, Ashland will retain the right
to acquire secondary service under their BPA NT Agreement with
Transmission Services to deliver any Dedicated Resources to their load; and
(3) prior to Power Services providing TSS, Power Services will provide
Transmission Services notice of(1) and (2) above.
In the event that Transmission Services requires direct engagement from Ashland
on (1) or (2), Ashland shall notify Transmission Services directly.
Upon request, Ashland shall provide copies of any transmission agreement(s) used
to serve Ashland's Total Retail Load. Additionally, over the term of this Agreement,
Ashland shall provide Power Services with any additional transmission agreements
Ashland enters into which are used for service to its Total Retail Load and all
amendments and modifications to current copies of Ashland's transmission
agreement(s).
3. LOAD FORECAST
Ashland shall cooperate with BPA to provide any information BPA determines is
necessary to support BPA's forecast of Ashland load to provide TSS. If any load
specific information is needed for developing a daily or hourly load forecast, then
Ashland shall provide such information in a timely manner.
4. SCHEDULING OF ASHLAND'S RESOURCES
This section 4 shall not apply to any of Ashland's Dedicated Resource(s) and
Consumer-Owned Resource(s) serving On-Site Consumer Load that BPA has
determined, based on the OATT and business practices of the relevant Third-Party
Transmission Provider(s), do not require an E-Tag as specified in the table in
section 1 of Exhibit J.
4.1 Prescheduling for TSS-Full Resources
Ashland shall submit a delivery schedule to Power Services for each of its
Dedicated Resources and Consumer-Owned Resources serving On-Site
Consumer Load for delivery to its Total Retail Load which shall include
26PS-25001,Ashland 3 of 10
Exhibit F, Transmission Scheduling Service
information such as the source, any points of receipt, any Open Access Same-
time Information System(OASIS) reservation reference numbers needed for
the delivery of such resources,the daily megawatt profile, and all purchasing
selling entities in the path. This delivery schedule shall be submitted to
Power Services by the earlier of one hour prior to the close of the firm
transmission prescheduling deadline associated with the transmission
agreement(s) used to deliver power to Ashland's Total Retail Load, or
1100 hours Pacific Prevailing Time (PPT) on the preschedule day. However,
if any of Ashland's Dedicated Resources or Consumer-Owned Resources
serving On-Site Consumer Load are to be delivered over secondary network
transmission pursuant to section 4.3.3.1.2 below, then Ashland shall submit
its delivery schedule for such resource to Power Services by 1300 hours PPT
on the preschedule day.
Ashland shall submit all required prescheduled information in a format
specified by Power Services.
At Power Services' request, Ashland shall provide Power Services
information on real power losses associated with Ashland's transmission
agreement(s).
4.1.1 Real-Time Scheduling
Power Services shall accept megawatt adjustments to each of
Ashland's Dedicated Resources and Consumer-Owned Resources
serving On-Site Consumer Load schedule(s) up to the earlier of
45 minutes prior to the hour of delivery or 25 minutes prior to the
earliest of the transmission real-time scheduling deadlines associated
with delivery of power to Ashland's Total Retail Load.
Ashland shall submit all required real-time scheduling information in
a format specified by Power Services.
4.2 This section intentionally left blank.
4.3 Transmission Curtailments
4.3.1 Transmission Curtailment Management Service (TOMS)
As a feature of TSS, BPA shall provide TOMS for certain Ashland
Dedicated Resources that require an E-Tag for delivery. TOMS
coverage shall apply when Transmission Events impact eligible
resources, with certain limitations as described throughout this
section 4.3. TCMS and Transmission Events do not apply to
Consumer-Owned Resources serving On-Site Consumer Load.
In accordance with the BPA OATT, TCMS coverage shall not apply
while Transmission Services is redispatching Ashland's Dedicated
Resource(s) to serve Ashland's load during a Transmission Event.
26PS-25001,Ashland 4 of 10
Exhibit F, Transmission Scheduling Service
4.3.2 Curtailment and Outage Terms and Conditions for Resources
without TOMS
This section 4.3.2 shall apply to Ashland's Dedicated Resources for
which Power Services is not providing TOMS coverage.
4.3.2.1 If a Transmission Curtailment occurs prior to 45 minutes
before the hour of delivery,then Ashland shall be responsible
for securing replacement energy or alternate transmission,
arranging delivery to the Balancing Authority Area in which
Ashland is located, and notifying Power Services of the
revised delivery schedule prior to 45 minutes before the hour
of delivery.
If Power Services is unable to secure secondary network
transmission for the replacement resource because Ashland
did not notify Power Services of the revised delivery schedule
prior to 45 minutes prior to the hour of delivery or secondary
network transmission is unavailable, then Ashland shall be
subject to charges consistent with the provisions of this
Agreement and all related products and BPA's applicable
Power Rate Schedules and GRSPs, including Unauthorized
Increase Charges.
4.3.2.2 Power Services shall not accept replacement delivery
schedules for Transmission Curtailments that occur less than
45 minutes before the delivery hour. Ashland shall be subject
to charges consistent with the provisions of this Agreement
and all related products and BPA's applicable Power Rate
Schedules and GRSPs, including Unauthorized Increase
Charges.
4.3.2.3 If a Planned Transmission Outage is announced prior to
Ashland's submission of a delivery schedule in pre-schedule,
then Ashland shall be responsible for securing replacement
energy or alternate transmission, arranging delivery to the
Balancing Authority Area in which Ashland is located, and
notifying Power Services of the revised delivery schedule
prior to the preschedule deadline described in section 4.1 of
this exhibit.
4.3.3 TOMS Coverage Eligibility, Determination and Termination
4.3.3.1 Eligibility of Resources for TOMS Coverage
4.3.3.1.1 Firm Transmission
Power Services shall provide TOMS coverage for
Ashland's Dedicated Resource if such resource has
been granted firm transmission by all applicable
transmission providers.
26PS-25001,Ashland 5 of 10
Exhibit F, Transmission Scheduling Service
4.3.3.1.2 Mid-C Resource Over Non-Firm
Power Services shall provide TOMS coverage for
Ashland's Dedicated Resource if:
(1) such resource is: (A) a Western Systems
Power Pool (WSPP) Schedule C market
purchase delivered to the scheduling point
of Mid-C Remote, NW Hub, BPAT.CHPD,
BPAT.GCPD, or BPAT.DOPD; (B) a WSPP
Schedule C market purchase from BPA at
BPA Power (which does not need to be
delivered to Mid-C); or (C) a market
purchase under the Edison Electric
Institute Master Power Purchase & Sale
Agreement, Version 2.1 or its successor,
Schedule P: "Firm (LD)" or "Firm (No Force
Majeure)" delivered to the scheduling point
of Mid-C Remote, NW Hub, BPAT.CHPD,
BPAT.GCPD, or BPAT.DOPD. BPA will
allow such Mid-C market purchases to be
scheduled from Mid-C to BPA Power, as
applicable, over non-firm secondary
network transmission. And,
(2) Ashland revises Exhibit D to include the
terms and conditions of a Mid-C Resource
Over Non-Firm exchange of power with
BPA.
For purposes of this Agreement, such resource will
be referred to as "Mid-C Resource Over Non-Firm".
4.3.3.1.3 Actively Obtaining Firm Transmission
Power Services may, on a case-by-case basis and
with certain limitations on the service, provide
TOMS coverage for Ashland's Dedicated Resource
that has not yet been granted firm network
transmission by all applicable transmission
providers if Power Services and Ashland are
actively engaged in the process of obtaining firm
network transmission. Power Services and
Ashland shall work cooperatively to obtain firm
network transmission for the Dedicated Resource
pursuant to the terms and conditions of section 3
of Exhibit G. Power Services shall have sole
discretion in determining whether or not Power
Services and Ashland are actively engaged in the
process of obtaining firm network transmission.
26PS-25001,Ashland 6 of 10
Exhibit F, Transmission Scheduling Service
However, when making this determination Power
Services shall use criteria including but not limited
to: (1) the date Ashland requests that Power
Services pursue firm network transmission; (2) the
planned start date for service from the Dedicated
Resource; (3) the location of the resource; (4) the
potential for Transmission Curtailments
associated with delivering the resource on non-firm
transmission; (5) the status of any ongoing OASIS
requests and studies related to the resource; and
(6) the length of time Power Services and Ashland
have been in the process of obtaining firm network
transmission.
4.3.3.2 BPA's Determination for TCMS Coverage
If Ashland notifies Power Services that it is pursuing firm
network transmission with all applicable transmission
providers, then Power Services shall provide Ashland with a
determination of whether or not it may purchase such TOMS
within 30 calendar days following Power Services' receipt of
Ashland's notice.
4.3.3.3 Termination of TOMS Coverage
If, consistent with section 4.3.3.1.3 above, BPA is providing
TOMS coverage to Ashland for a Dedicated Resource that has
not been granted firm network transmission by Transmission
Services and a request for firm network transmission for such
Dedicated Resource is withdrawn, or if such request is
declined or invalidated without a timely resubmission of a
similar request, then Ashland shall notify BPA immediately
and BPA shall terminate the provision of TOMS for Ashland's
Dedicated Resource ten Business Days after such
notification.
If, consistent with section 4.3.3.1.3 above, BPA is providing
TOMS coverage to Ashland for a Dedicated Resource that has
not been granted firm network transmission and BPA offers a
revision to Exhibit J to add such resource to Ashland's
section 7 of Exhibit J, and such revision to Exhibit J is not
executed by Ashland within 30 calendar days of the offer,
then BPA shall terminate the provision of TOMS for
Ashland's Dedicated Resource ten Business Days following
the aforementioned 30 day period.
4.3.4 Curtailment and Outage Terms and Conditions for Resources
with TOMS Coverage
For Dedicated Resources that BPA is providing TOMS coverage for
pursuant to the terms and conditions of section 4.3.3 above, however
not including Mid-C Resources Over Non-Firm, BPA shall make
26PS-25001,Ashland 7 of 10
Exhibit F, Transmission Scheduling Service
replacement power available and not assess an Unauthorized Increase
Charge for failure to deliver a Dedicated Resource associated with a
Transmission Event through the duration of the Transmission Event,
if any of the following occur:
(1) the Transmission Event affects any firm Point-to-Point
Transmission used to deliver the resource to Ashland's load; or,
(2) the Transmission Event affects the secondary network
transmission used to deliver the resource to Ashland's load; or,
(3) Transmission Services has curtailed firm network transmission
pursuant to section 33.6 or 33.7 of the BPA OATT; or,
(4) the Transmission Event affects the firm network transmission
obtained by Power Services from a Third-Party Transmission
Provider and used to deliver the resource to Ashland's load.
For Mid-C Resources Over Non-Firm, in accordance with
section 4.3.3.1.2 above,with TOMS coverage, BPA shall not assess an
Unauthorized Increase Charge during any Transmission Event
consistent with the"Transfer Service Customers' Non-Federal Market
Purchase Exchange" terms and conditions in Exhibit D. Such
Exhibit D language may be added to this Agreement consistent with
section 4.3.3.1.2 above.
During any Planned Transmission Outage that impacts Ashland's
Dedicated Resource with TOMS coverage, BPA may, at BPA's sole
discretion, obtain alternate transmission from such resource to
Ashland's load. If a Planned Transmission Outage affects a Dedicated
Resource with TOMS coverage, then Power Services shall notify
Ashland of such Planned Transmission Outage.
If a Planned Transmission Outage is cancelled or adjusted such that
Ashland is able to deliver any portion of the resource to load normally
during any portion of the previously announced Planned Transmission
Outage, then Ashland shall do so.
4.3.4.1 Limitations on the Frequency of TOMS Coverage
If Ashland is purchasing TOMS for a Dedicated Resource
with firm transmission from all applicable providers, then
BPA shall provide TOMS without the following limits
identified in this section 4.3.4.1.
If, pursuant to section 4.3.3 above, BPA has allowed Ashland
to purchase TOMS for a resource that has not yet been
granted firm network transmission but Ashland is actively
engaged in the process of obtaining firm network
transmission,then throughout each Fiscal Year for each such
26PS-25001,Ashland 8 of 10
Exhibit F, Transmission Scheduling Service
resource, BPA shall periodically assess how frequently TOMS
has been needed during that Fiscal Year. If BPA determines
that in such Fiscal Year TOMS has been used to replace such
Dedicated Resource in ten separate occurrences, where each
occurrence TOMS was used was due to a separate
Transmission Event on a different day, and for a cumulative
total of at least 168 hours, BPA may terminate Ashland's
TOMS coverage for such resource 30 calendar days after
providing notice to Ashland.
4.3.4.2 TOMS Payment Obligations
Ashland shall be subject to charges for TSS, including
applicable costs for TOMS, consistent with the provisions of
this Agreement and BPA's applicable Power Rate Schedules
and GRSPs, including any applicable Unauthorized Increase
Charges. Additionally, during a Transmission Event, BPA
shall not assess an Unauthorized Increase Charge on a
Dedicated Resource with TOMS coverage; provided, however
if Ashland applies a Mid-C Resource Over Non-Firm with
TOMS coverage,then BPA shall not assess an Unauthorized
Increase Charge if a Transmission Event affects the
secondary network transmission used to deliver the power
between Mid-C or BPA Power and Ashland's load.
4.3.5 TOMS Coverage after Termination
If TOMS coverage is terminated, pursuant to section 4.3.3 or 4.3.4.1 of
this exhibit, Ashland shall be responsible for obtaining replacement
power during any Transmission Event that impacts such Dedicated
Resource and for any applicable Unauthorized Increase Charges that
may apply pursuant to section 4.3.2 above.
In addition, for any resource for which BPA has terminated TOMS
coverage due to frequency of use, as described in section 4.3.3 or
4.3.4.1 of this exhibit, BPA shall allow Ashland to resume purchasing
TOMS for the resource only after Ashland notifies BPA that such
resource has obtained firm network transmission.
5. E-TAGS
To the extent E-Tags are required by transmission provider(s), Power Services shall
create all E-Tags necessary for delivery of energy to Ashland's Total Retail Load.
6. GENERATION IMBALANCE
Ashland shall be responsible for costs associated with deviations between the
scheduled Dedicated Resources and Consumer-Owned Resources serving On-Site
Consumer Load for an hour and the actual generation produced across such hour;
provided, however, if Ashland submits a delivery schedule consistent with all
provisions of this exhibit and BPA receives that delivery schedule, and a generation
imbalance results from a BPA scheduling error,then BPA shall accept responsibility
for the generation imbalance associated with the BPA scheduling error.
26PS-25001,Ashland 9 of 10
Exhibit F, Transmission Scheduling Service
7. CHARGES
If Ashland fails to submit prescheduling or real-time scheduling information to BPA
as required and by the deadlines in section 4 of this exhibit, then Ashland may be
subject to applicable Unauthorized Increase Charges, consistent with BPA's
applicable Power Rate Schedules and GRSPs.
8. AFTER THE FACT
BPA and Ashland shall reconcile all transactions, schedules and accounts at the end
of each month (as early as possible within the first ten calendar days of the next
month). BPA and Ashland shall verify all transactions pursuant to this Agreement
as to product or type of service, hourly amounts, daily and monthly totals, and
related charges.
9. REVISIONS
BPA may unilaterally revise this exhibit:
(1) to implement changes that BPA determines are reasonably necessary to
allow it to meet its power and scheduling obligations under this Agreement,
or
(2) to comply with requirements of Western Electricity Coordinating Council
(WECC), North American Energy Standards Board (NAESB), or NERC,
WRAP or their successors or assigns.
BPA shall provide a draft of any unilateral revisions of this exhibit to Ashland, with
reasonable time for comment, prior to BPA providing written notice of the revision.
Such revisions will be effective no sooner than 45 calendar days after BPA provides
written notice of the revisions to Ashland unless, in BPNs sole judgment, less notice
is necessary to comply with an emergency change to the requirements of WECC,
NAESB, NERC, WRAP or their successors or assigns. In such circumstances, BPA
shall specify the effective date of such revisions.
All other changes to this Exhibit F will be made by mutual agreement of the Parties.
(PSW:\CONTRACTS\POC\Ashland\Exh F\AS_25001_ExhF Rev0_Fina1.docx) 09/28/2025
26PS-25001,Ashland 10 of 10
Exhibit F, Transmission Scheduling Service
Exhibit G
TERMS RELATED TO TRANSFER SERVICE
As provided by section 14.6.7 of the body of this Agreement, if Ashland acquires a Transfer
Service Eligible Resource, then BPA's support and financial assistance to Ashland shall be
consistent with the terms and conditions in this exhibit.
1. DEFINITIONS
1.1 "Fiscal Year Transfer Cap" means the annual Average Megawatt cap
described in section 2 of this exhibit. The Fiscal Year Transfer Cap
establishes the limit under which BPA will provide financial support for
Transfer Service to customers' Network Resources.
1.2 "Initial Transfer Study Deposit" means the amount of dollars required by a
Third-Party Transmission Provider to initiate a Transfer Study.
1.3 "Last Transfer Segment" means the transmission and/or distribution
facilities of the Third-Party Transmission Provider that (1) interconnect
directly to a customer's transmission or distribution facilities,
(2) interconnect to BPA transmission facilities that subsequently interconnect
with a customer's transmission or distribution facilities, or (3) for deliveries
to Transfer Service PODS where BPA uses the facilities of multiple Third-
Party Transmission Providers, as noted in Exhibit E, to deliver Firm
Requirements Power and Surplus Firm Power from the Primary Points of
Receipt to the required facilities of each of these Third-Party Transmission
Providers.
1.4 "Network Load" shall have the meaning as defined in the Federal Energy
Regulatory Commission's (FERC's) current pro forma Open Access
Transmission Tariff(OATT), or its successor.
1.5 "Network Resource" shall have the meaning as defined in the current FERC
pro forma OATT, or its successor. In addition, the term "Network Resource"
means any Transfer Service Eligible Resource that has been acquired by a
customer and for which the customer has begun the process of acquiring firm
transmission to serve the customer's Transfer Service POD(s).
1.6 "Transfer Market Purchase" means, for purposes of this Exhibit G, a power
purchase or resource that a customer uses to displace a Network Resource.
1.7 "Transfer Request" means the written notification by BPA to a Third-Party
Transmission Provider to start the required process to accommodate new or
modified Transfer Service.
1.8 "Transfer Study" means a system impact study, feasibility study, facilities
study, or other such study required by a Third-Party Transmission Provider
following submission of a Transfer Request.
26PS-25001,Ashland 1 of 11
2. ESTABLISHED CAPS AND LIMITATIONS
2.1 This section 2.1 shall not apply for any Transfer Service Eligible Resource:
(1) serving a Planned NLSL or an NLSL pursuant to section 1 of Exhibit D
and for which BPA is passing through the cost of Transfer Service pursuant
to section 14.6.7.1, (2) serving a portion of Ashland's Total Retail Load that
Ashland is obligated to serve with BPA-provided electric power pursuant to
this Agreement, or (3) that Ashland is not acquiring and paying for
transmission service from Transmission Services for that Transfer Service
Eligible Resource. For all other Transfer Service Eligible Resources, BPA
shall provide financial support for the transmission capacity associated with
the Transfer Service Eligible Resource to all Transfer Service customers up to
a maximum of 41 MW per Fiscal Year, cumulative over the duration of this
Agreement. This cumulative megawatt limit is shown in the table below.
Per Year MW Cumulative
Fiscal Year Limit MW Limit
FY 2029 41 41
FY 2030 41 82
FY 2031 41 123
FY 2032 41 164
FY 2033 41 205
FY 2034 41 246
FY 2035 41 287
FY 2036 41 328
FY 2037 41 369
FY 2038 41 410
FY 2039 41 451
FY 2040 41 492
FY 2041 41 533
FY 2042 41 574
FY 2043 41 615
FY 2044 41 656
2.2 Application of section 14.6.7 of the body of this Agreement and section 3.2 of
this exhibit shall be on a first come, first served basis in each year based on
the date each request is received by BPA. Requests not met, in whole or in
part, in any Fiscal Year will have priority over subsequent requests the
following year. Once granted, BPA shall honor such request for the duration
of the resource acquisition period, not to exceed the term of this Agreement.
3. TRANSFER SERVICE FOR TRANSFER SERVICE ELIGIBLE RESOURCES
The terms and conditions of this section 3 are intended to serve as an enabling
agreement under which BPA will offer specific terms for delivering Network
Resources to Ashland's Transfer Service PODS, as identified in Exhibit E. Each
Network Resource serving Ashland's Transfer Service PODS will result in specific
terms and conditions, negotiated by the Parties, and be included in section 7 of
Exhibit J.
26PS-25001,Ashland 2 of 11
Exhibit G, Terms Related to Transfer Service
3.1 Obtaining Transfer Service Support
3.1.1 Customer Application
Ashland shall have the right to request Transfer Service support over
the Last Transfer Segment from BPA for the delivery of any Transfer
Service Eligible Resource that Ashland intends to acquire to serve its
Transfer Service POD(s), provided that such request shall be for
service of at least one year in duration. Ashland's request shall
comply with the requirements of this section 3.1 and shall be subject
to the limitations of section 2 of this exhibit.
To request Transfer Service support from BPA for delivery of any
Transfer Service Eligible Resource, Ashland shall complete and
submit to BPA the application form that BPA shall make available at
a publicly accessible website.
Ashland's submission of the application to BPA begins the process of
acquiring firm transmission for the Transfer Service Eligible
Resource. From the submission forward,the Transfer Service Eligible
Resource will be referred to as a Network Resource. Ashland shall
submit its completed application form to BPA at least one year prior to
the date Ashland anticipates it will start receiving energy from its
Network Resource and BPA shall acquire, if possible, firm
transmission service for Ashland's Network Resource over the Last
Transfer Segment.
On a case-by-case basis, BPA may, but is not obligated to, consider
Transfer Service support requests to obtain firm transmission service
for a Network Resource made less than one year prior to the date
Ashland anticipates it will start receiving energy from that Network
Resource.
3.1.2 BPA Notice and Completing Customer Application
Within ten Business Days of BPA's receipt of Ashland's application,
BPA shall notify Ashland as to the status of the application. Such
notice shall inform Ashland of the following: (1) whether the
information provided in the submitted application form is sufficient
for BPA to request firm transmission service for Ashland's Network
Resource, (2) whether the amount of Transfer Service requested for
Ashland's Network Resource exceeds, or partially exceeds, the current
Fiscal Year Transfer Cap, and (3) whether the amount of Transfer
Service requested for Ashland's Network Resource exceeds, or
partially exceeds BPA's forecast of Ashland's minimum hourly load for
Ashland's Transfer Service POD(s).
If BPA determines the information in Ashland's application is
insufficient, then BPA may ask Ashland for additional information to
support BPA's efforts to secure firm transmission service. Ashland
26PS-25001,Ashland 3 of 11
Exhibit G, Terms Related to Transfer Service
shall provide BPA with the requested information within ten Business
Days or within such time as the Parties may agree.
If Ashland's request exceeds or partially exceeds the current Fiscal
Year Transfer Cap, then Ashland shall notify BPA within
ten Business Days after receipt of BPA's notification whether Ashland
will withdraw or proceed with its application.
If Ashland's request exceeds or partially exceeds BPA's forecast of
their minimum hourly load for Ashland's Transfer Service POD(s),
then Ashland shall revise its application within ten Business Days
after receipt of BPA's notification so that the Network Resource does
not exceed or partially exceed its minimum load.
3.1.3 Obtaining Firm Transmission Service
Once the Parties have completed the requirements in sections 3.1.1
and 3.1.2 of this exhibit, BPA shall pursue designation of the Network
Resource and request firm transmission service from the Third-Party
Transmission Provider. If the Third-Party Transmission Provider
requests from BPA more information than Ashland provided in its
completed application form, then the Parties shall obtain and provide
such information to the Third-Party Transmission Provider within
ten Business Days of the Third-Party Transmission Provider's
request.
If the Third-Party Transmission Provider informs BPA that studies
are, or construction may be, required to provide firm transmission
service for Ashland's Network Resource, then BPA shall notify
Ashland of such studies or construction requirements. If, based on
such studies or construction,Ashland chooses to withdraw its request,
then Ashland shall notify BPA within five Business Days of receiving
notice from BPA of such requirements. If no notice of withdrawal is
received, then BPA shall proceed with firm transmission service
acquisition for Ashland's Network Resource and BPA shall pass
through to Ashland all study and construction related costs the Third-
Party Transmission Provider charges to BPA.
BPA shall make reasonable efforts to coordinate with Ashland and the
Third-Party Transmission Provider to complete the firm transmission
service acquisition process as described in this section 3.1.3.
3.1.4 Unavailable Firm Transmission Service for a Network
Resource
If the Third-Party Transmission Provider has not agreed to provide
firm transmission services for Ashland's Network Resource within the
requested timeframe, then BPA shall not be liable to Ashland for any
costs or penalties Ashland may incur associated with the lack of firm
transmission service. Further, BPA shall not be obligated to obtain
Transfer Service for such Network Resource. Ashland may submit a
26PS-25001,Ashland 4 of 11
Exhibit G, Terms Related to Transfer Service
subsequent request for such Network Resource or another resource
pursuant to section 3.1.1 of this exhibit. Such subsequent request
may obligate BPA to obtain Transfer Service pursuant to terms of this
exhibit and section 14 of the body of this Agreement.
BPA shall pass through to Ashland any costs assessed by the Third-
Party Transmission Provider regarding Ashland's request for Transfer
Service support, regardless of whether firm transmission service is
obtained for Ashland's Network Resource.
3.2 Parties' Payment Obligations
Once BPA has obtained firm transmission service for Ashland's Network
Resource from the Third-Party Transmission Provider, the Parties shall be
responsible for costs as follows:
3.2.1 Customer Obligations
Ashland shall be responsible for acquiring firm transmission service,
and paying for all costs associated with such firm transmission
service, necessary to deliver the Network Resource across all
intervening transmission systems to the Last Transfer Segment.
These costs may include but are not limited to all costs related to
transmission, system impact studies, facilities studies,interconnection
studies, generation imbalance, and any ongoing costs associated with
Ashland's Network Resource interconnection.
3.2.2 BPA Obligations
BPA's obligation to acquire and pay for the Transfer Service costs
pursuant to section 14.6 of the body of this Agreement for Ashland's
Transfer Service Eligible Resources is limited to Network Resources
delivered over the Last Transfer Segment.
BPA shall have no obligation to acquire or pay for Transfer Service for
Transfer Service Eligible Resources if the Parties have not agreed to
include such Transfer Service Eligible Resource and the applicable
terms and conditions in section 7 of Exhibit J.
3.2.3 Customer Obligation to Pay BPA
BPA shall pass through to Ashland and Ashland shall pay BPA
certain Transfer Service costs associated with any Network Resource
pursuant to this exhibit and section 14.6 of the body of this Agreement
and stated in section 7 of Exhibit J.
3.2.3.1 Pass Through of Network Resource Specific Ancillary
Services and Other Costs
BPA shall pass through to Ashland any costs of ancillary
services associated with Transfer Service for Ashland's
Network Resource(s).
26PS-25001,Ashland 5 of 11
Exhibit G, Terms Related to Transfer Service
BPA shall also pass through to Ashland the costs of all other
transmission services for Network Resource deliveries
including, but not limited to: redispatch costs, congestion
management costs, costs associated with adding the Transfer
Service Eligible Resource generation as a Network Resource,
any costs associated with generation interconnection, direct
assigned system upgrade costs, and distribution and low-
voltage charges, if applicable.
Such pass through of costs shall be set forth in section 7 of
Exhibit J.
3.2.4 Reimbursement of Transfer Costs Above Fiscal Year Transfer
Cap
If BPA's Fiscal Year Transfer Cap will be exceeded by Ashland's
Network Resource and Ashland elects to have BPA obtain firm
transmission service for Ashland's Network Resource pursuant to
section 3.1.2 of this exhibit, then BPA shall pass through to Ashland
all charges assessed by the Third-Party Transmission Provider
associated with the delivery of that portion of Ashland's Network
Resource which exceeds the Fiscal Year Transfer Cap. Ashland's
reimbursement of costs shall continue until such time as the Fiscal
Year Transfer Cap increases and all of Ashland's Network Resource
may be accommodated under the Fiscal Year Transfer Cap, as
described in section 2.2 of this exhibit.
3.3 Network Resource Section of Exhibit J
Consistent with the requirements of this exhibit,the Parties shall include the
details and any additional terms and conditions of Transfer Service for each
Network Resource that Ashland is using to serve its Transfer Service POD(s)
in the Network Resource section 7 of Exhibit J.
3.3.1 Requirements for Adding the Network Resource to Section 7 of
Exhibit J
Once Ashland's Network Resource has firm transmission from the
Third-Party Transmission Provider, the Parties shall revise section 7
of Exhibit J to add resource-specific information regarding charges
and the terms and conditions for the delivery of Ashland's Network
Resource, including the cost responsibilities for delivering the
Network Resource.
3.3.2 Revisions to Ashland's Network Resource
If any information for Ashland's Network Resource in section 7 of
Exhibit J changes at any time during the term of this Agreement,then
the Party that is aware of such change shall notify the other Party.
The Parties shall revise the information for Ashland's Network
Resource consistent with the change. Such information may require
additional changes to the designation of the Network Resource and
may require a new Transfer Request.
26PS-25001,Ashland 6 of 11
Exhibit G, Terms Related to Transfer Service
3.4 Other Requirements and Limitation on Network Resources
3.4.1 Hourly Transfer Service Limit
Ashland's hourly right to Transfer Service for the Network Resource(s)
shall not exceed Ashland's Transfer Service POD(s) on any hour.
3.4.2 Resource Removal
BPA shall not obtain or pay for Transfer Service for that portion of
Ashland's Network Resource, or a former Network Resource, that has
been removed pursuant to section 10 of the body of this Agreement. If
a Network Resource has been removed or is no longer being used to
serve Ashland's Transfer Service POD(s),then BPA may permanently
or temporarily undesignate such Network Resource.
3.4.3 Generation Metering Requirements
Ashland shall ensure that any Network Resource that is a Generating
Resource meets the metering requirements specified in section 15 of
the body of this Agreement and any metering requirements of the
generation host Balancing Authority and the Third-Party
Transmission Provider.
3.4.4 Scheduling Requirements
Ashland shall be responsible for managing its Network Resource
consistent with Exhibit F.
3.5. Undesignation of Network Resource
After BPA has obtained Network Resource designation for Ashland's
Transfer Service Eligible Resource from the Third-Party Transmission
Provider, BPA shall not undesignate such Network Resource except pursuant
to section 3.4.2 of this exhibit or for the purposes of accommodating Ashland's
load growth planning. Such undesignation and any subsequent designation
shall be consistent with Exhibit A and section 3.1 of this exhibit.
Following any undesignation of a Network Resource, the Parties shall revise
section 7 of Exhibit J to reflect such undesignation.
3.6 Transfer Market Purchases
After BPA has obtained firm transmission service for Ashland's designated
Network Resource,Ashland may use a Transfer Market Purchase to displace
the designated Network Resource, which BPA shall schedule on secondary
network service, provided that:
(1) such Transfer Market Purchase is only scheduled in preschedule and
not modified in real time, consistent with section 4 of Exhibit F, and
such Market Purchase is at least one calendar day in duration;
26PS-25001,Ashland 7 of 11
Exhibit G, Terms Related to Transfer Service
(2) the megawatt amount of the Transfer Market Purchase does not
exceed the amount of the Network Resource that Ashland would have
scheduled to its load;
(3) Ashland does not, under any circumstances, remarket its Network
Resource or perform any other operation that would cause BPA to be
in violation of its obligations under the Third-Party Transmission
Provider's OATT;
(4) Ashland is responsible for acquiring transmission service, and paying
for the costs associated with such transmission service, necessary to
deliver the Transfer Market Purchase to the Last Transfer Segment.
These costs include, but are not limited to, any additional energy
imbalance,redispatch, and Unauthorized Increase Charges that result
from a transmission curtailment that impacts the resulting secondary
network schedule; and,
(5) Ashland shall pay all cost obligations described in section 3.2 of this
exhibit.
If Ashland violates any of the criteria listed above, BPA shall immediately
cease obtaining Transfer Service for Ashland for purposes of displacing
Ashland's Network Resource(s) with Transfer Market Purchases. Such
prohibition shall apply to all Network Resources listed in section 7 of
Exhibit J, and the prohibition shall continue for the remaining term of this
Agreement unless otherwise agreed by BPA in BPA's sole discretion. BPA
shall pass through to Ashland all penalties, or other assessed costs, that
result from Ashland violating the conditions of this section 3 and section 7 of
Exhibit J.
3.7 Transfer Service Using Non-GATT Agreements
When BPA provides Transfer Service to Ashland pursuant to a non-OATT
agreement, and notwithstanding the OATT-specific definitions, descriptions
and procedures defined in this exhibit, BPA shall, at its sole discretion,
determine the appropriate Transfer Service arrangement for Ashland's
Network Resource. In such instance, Ashland's Transfer Service Eligible
Resource shall have characteristics comparable to a Network Resource, and
Ashland shall comply with the timelines and information sharing
requirements described in section 3.1 of this exhibit and shall be responsible
for direct payment and pass through costs on an equivalent basis to what is
described in section 3.2 of this exhibit.
3.8 Duties of Cooperation
The Parties shall cooperate to establish the protocols, provisions, and other
arrangements that are reasonably necessary to:
(1) manage any particular characteristic of Ashland's Network
Resource(s), and
26PS-25001,Ashland 8 of 11
Exhibit G, Terms Related to Transfer Service
(2) ensure that BPA is able to meet its obligations to the Third-Party
Transmission Provider as set out in the applicable transmission
service contract.
Such protocols, provisions, and other arrangements shall be reflected in
section 7 of Exhibit J.
Requests by either Party for expedited provision of information shall not be
unreasonably denied.
4. TERMS AND CONDITIONS FOR ACQUIRING NEW OR MODIFIED
TRANSFER SERVICE
4.1 BPA's Agreement to Pursue New or Modified Transfer Service
4.1.1 Ashland may request that BPA submit a Transfer Request to a Third-
Party Transmission Provider. BPA will consult with Ashland to
determine the information needed to submit such Transfer Request.
The Parties shall confirm,in writing,their intent to pursue a Transfer
Study, if required, including the information to be included in the
Transfer Request and the amount of the Initial Transfer Study
Deposit. Within 30 calendar days after the Parties consult, BPA shall
submit a Transfer Request to the Third-Party Transmission Provider
based on the information provided.
4.1.2 If the Third-Party Transmission Provider requests more information
than BPA-provided in the Transfer Request, then the Parties shall
obtain and provide such information to the Third-Party Transmission
Provider within ten Business Days of the Third-Party Transmission
Provider's request.
If the Third-Party Transmission Provider informs BPA that a
Transfer Study is required, then BPA shall notify Ashland of such
study. If,based on such Transfer Study requirement, Ashland chooses
to withdraw its request, then Ashland shall notify BPA within five
Business Days of receiving notice from BPA of such requirements. If
no notice of withdrawal is received, then BPA shall continue to
proceed with the Transfer Study. If Ashland informs BPA it does not
wish to proceed, then BPA shall withdraw the Transfer Request from
the Third-Party Transmission Provider.
4.1.3 BPA shall initially pay the Third-Party Transmission Provider for all
costs associated with the Transfer Request or the Transfer Study.
BPA shall pass through all such costs to Ashland, subject to the
limitations set forth in section 4.2 of this exhibit.
4.1.4 BPA's obligations under this section 4 are limited to submitting a
Transfer Request to, or requesting a Transfer Study from, a Third-
Party Transmission Provider and initially incurring any costs
26PS-25001,Ashland 9 of 11
Exhibit G, Terms Related to Transfer Service
associated with such requests. BPA shall not be held liable to
Ashland for any acts, omissions, or failures by the Third-Party
Transmission Provider related to any Transfer Requests or Transfer
Studies. BPA shall not be required to take any further action as a
result of this section 4, including but not limited to any of the
following:
(1) renewing or modifying the Transfer Service agreement between
BPA and the Third-Party Transmission Provider;
(2) negotiating or entering into a new transmission arrangement
between BPA and the Third-Party Transmission Provider; or
(3) agreeing to or incurring costs associated with any construction,
upgrades, or other improvements to Ashland's, BPA's, or the
Third-Party Transmission Provider's facilities. The Parties
shall revise Exhibit D to include terms and conditions
associated with any direct assignment of such costs.
4.1.5 If, for any reason, the Third-Party Transmission Provider requires
BPA to agree to any of the actions identified in section 4.1.4 above,
then BPA may withdraw the Transfer Request and terminate the
Transfer Study immediately after providing Ashland notice of its
intent to do so.
4.2 Coordination of Costs Beyond the Initial Transfer Study Deposit
As stated in section 4.1.3 of this exhibit, BPA shall pass through to Ashland
all costs associated with a Transfer Request or Transfer Study. BPA shall
notify and request confirmation related to a Transfer Request or Transfer
Study from Ashland pursuant to the notification provisions of section 4.2.1
below.
4.2.1 If BPA is notified that the costs associated with a Transfer Request or
Transfer Study are likely to exceed the Initial Transfer Study Deposit,
prior to BPA taking any action that would result in BPA incurring
costs that exceed the Initial Transfer Study Deposit, then BPA shall
notify and request confirmation from Ashland to determine if Ashland
would like to proceed. BPA will notify Ashland in writing as soon as
practicable following notice of such additional costs from the Third-
Party Transmission Provider. If the amount of such costs is not
known, then the following additional provisions shall apply:
(1) BPA may request an estimate of such costs from the Third-
Party Transmission Provider and provide that estimate to
Ashland; or
(2) BPA may estimate the amounts of such costs and provide those
amounts to Ashland.
26PS-25001,Ashland 10 of 11
Exhibit G, Terms Related to Transfer Service
Estimates under sections 4.2.1(1) and 4.2.1(2) above, if any, shall not
be binding on BPA and shall not alter Ashland's obligation to pay or
reimburse BPA for the final actual costs.
4.2.2 Ashland shall notify BPA in writing by the date specified by BPA in
the notice in section 4.2.1 of this exhibit (which shall not be less than
seven Business Days) regarding whether BPA should or should not
agree to incur such costs.
(1) If BPA receives a timely notice as stated in this section 4.2.2 in
which Ashland requests that BPA agree to incur the costs
identified in a notice as stated in section 4.2.1, then BPA shall
agree to incur the costs.
(2) If BPA receives a timely notice as stated in this section 4.2.2 in
which Ashland requests that BPA not agree to incur a cost
identified in a notice as stated in section 4.2.1 of this exhibit,
then: (A) BPA shall not agree to incur such costs; and (B) BPA
shall have the right to immediately withdraw the Transfer
Request and terminate the Transfer Study process.
(3) If BPA does not receive a timely notice as stated in
section 4.2.1 of this exhibit, then BPA shall have the right to
continue the Transfer Study process and pass through the
additional costs to Ashland.
5. REVISIONS
Revisions to this Exhibit G will be made by mutual agreement of the Parties.
(PSW:\CONTRACTS\POC\Ashland\Exh G\AS_25001_ExhG RevO_Final.docx) 09/28/2025
26PS-25001,Ashland 11 of 11
Exhibit G, Terms Related to Transfer Service
Exhibit H
RENEWABLE ENERGY CERTIFICATES AND ENVIRONMENTAL ATTRIBUTES
1. PURPOSE AND INTENT; DISCLAIMER
The Parties acknowledge that: different jurisdictions, regulatory programs, and
entities (federal, state, county, cities, and others) have different definitions for
environmental attributes, renewable energy credits/certificates, emissions credits,
and similar instruments; the various jurisdictions, programs, and entities are
inconsistent in how they define and address these concepts; and these concepts are
continually evolving. Accordingly,through this Agreement BPA does not attempt to
define these concepts other than by reference to how they may be defined by others,
and BPA does not represent or warrant that the items conveyed in this Exhibit H
are suitable for a particular purpose or regulatory program. Whatever the
regulatorily-defined environmental and non-power characteristics are of the power
that customers buy from BPA, the purpose and intent of this Exhibit H is to convey
to Ashland,in accordance with this Exhibit H, all Environmental Attributes, if any,
and to the extent they exist, associated and commensurate with the physical amount
of power Ashland buys from BPA and the Attribute Pools associated with Ashland's
purchase obligation under this Agreement. This Exhibit H accomplishes this by
BPA: (1) agreeing to register applicable generation, (2) providing for the creation of
an Environmental Attribute Accounting Process, (3) producing Inventories of RECs
based on power generated, (4) committing to transfer Ashland's share of RECs based
on its BPA power purchases and as determined in accordance with this Exhibit H to
Ashland, (5) committing to provide an emissions accounting and non-emitting
generation accounting for customers' use, and (6) undertaking the other actions
identified in this exhibit below.
2. DEFINITIONS
2.1 "Attribute Pools" means the results calculated in the Environmental
Attribute Accounting Process whereby the physical resources and forecasted
power deliveries associated with each of BPA's rates and firm power
obligations are determined for the upcoming Rate Period.
2.2 "Emissions Allowance" means an authorization in a given jurisdiction to emit
a specified amount of carbon dioxide equivalent or other measurement of
greenhouse gases, and documented as an emissions credit, certificate, or
similar instrument.
2.3 "Environmental Attribute Accounting Process" means the public process BPA
will conduct each Rate Case Year, after the conclusion of each routine power
rate 7(i) Process, during which the allocation methodology and Attribute
Pools for BPA's Environmental Attributes for the upcoming Rate Period will
be determined.
2.4 "Environmental Attributes" means the environmental and non-power
characteristics of power, however defined or titled and arising under any
federal, state, or local law or regulation, including but not limited to current
or future certificates, credits, benefits, and avoided emissions attributable to
26PS-25001,Ashland 1 of 5
the generation of energy from a resource. Environmental Attributes do not
include the tax credits associated with such resource. One megawatt-hour of
energy generation from a resource is associated with one megawatt-hour of
Environmental Attributes.
2.5 "Inventory" or "Inventories" means the Environmental Attributes, including
RECs, that are attributable to the output of generation resources, by
Attribute Pool(s).
2.6 "Renewable Energy Certificates" or "Renewable Energy Credits" or "RECs"
means the tradeable certificates, credits, documentation, or other evidence
that demonstrates: (1) that the electricity was generated from a renewable or
non-emitting energy generating unit and (2) proof of ownership of the
Environmental Attributes of such generated electricity in a REC tracking
system. Some jurisdictions and regulatory programs may interpret a REC to
include the emissions avoided by the generation of electricity by a renewable
or non-emitting generating unit. For purposes of such situations, the Parties'
intent is that the RECs conveyed herein include the associated
Environmental Attributes; however, this conveyance is not intended to
impact BPA's reporting in any generation-based emission programs where
REC retirement is not required. One megawatt-hour of energy generation
from a resource registered with the tracking system under section 5 is
associated with one REC.
2.7 "Retire" or "Retirement" means an action taken to remove a REC from
circulation within a REC tracking system.
3. ENVIRONMENTAL ATTRIBUTE INVENTORY AND ACCOUNTING
The Parties acknowledge that the Environmental Attribute accounting outlined
below will be provided consistent with physical deliveries of power.
3.1 Registration of Renewable Energy Generating Units
BPA shall take all reasonable steps to register the applicable renewable
energy generating units in BPA's system mix,including any hydro resources,
with the tracking system selected under section 5 of this Exhibit H.
3.2 Environmental Attribute Accounting Process
Starting after issuance of the Final ROD of the BP-29 power rate 7(i) Process,
and after the issuance of the Final ROD in each subsequent routine power
rate 7(i) Process thereafter through the term of the Agreement, BPA shall
conduct an Environmental Attribute Accounting Process for each upcoming
Rate Period.
3.3 REC Inventory Accounting
No later than April 15, 2030, and by each April 15 over the remaining term of
this Agreement, BPA shall calculate its Inventory for RECs for each
Attribute Pool created during the prior calendar year in the applicable
Environmental Attribute Accounting Process for the applicable Rate Period.
26PS-25001,Ashland 2 of 5
Exhibit H, Renewable Energy Certificates and Environmental Attributes
3.4 Emission Accounting
No later than June 1, 2029 and by each June 1 thereafter, and as an outcome
of the Environmental Attribute Accounting Process, BPA will provide
emission accounting information and, if applicable, will provide such
information consistent with state rules.
3.5 Non-Emitting Electric Generation Accounting
No later than June 1, 2029 and by each June 1 thereafter, and as an outcome
of the Environmental Attribute Accounting Process, BPA will provide non-
emitting electric generation accounting information and, if applicable, will
provide such information consistent with state rules.
4. CUSTOMER'S SHARE OF RECS
All capitalized terms used in this paragraph and the related underlying processes
described in this paragraph shall be as defined, determined and calculated under
Ashland's Regional Dialogue CHWM Contract. By April 15, 2029, BPA shall
transfer to Ashland or manage a pro rata share of Available Tier 1 RECs from
calendar year 2028 based on Ashland's FY 2028 RHWM divided by the total FY 2028
RHWMs of all customers with Regional Dialogue CHWM Contracts. BPA shall also
transfer to Ashland its share of Tier 2 RECs, if applicable, generated during
calendar year 2028. Ashland agrees that its REC transfer or management election
(WREGIS account,WREGIS subaccount, or remarketing) for Fiscal Year 2028 shall
apply for all calendar year 2028.
By April 15, 2030, and by each April 15 over the remaining term of this Agreement,
BPA shall determine Ashland's share of RECs as a pro rata share of the actual
megawatt-hours of power Ashland purchased from BPA the prior calendar year
under this Agreement. Ashland's pro rata share of each Inventory of RECs shall be
calculated as the actual megawatt hours of power Ashland purchased from BPA
under this Agreement during the prior calendar year from the applicable Attribute
Pool divided by the sum of all power purchased from BPA for the applicable
Attribute Pool.
5. TRANSFER AND TRACKING OF RECS
By December 1, 2029,Ashland shall provide written notice to BPA stating which one
of the three options below it elects for the transfer of Ashland's share of RECs, for
the remaining term of the Agreement. However, Ashland may change its transfer
election for the remaining term of the Agreement by providing written notice to BPA
of such change by December 1, 2030 or by any December 1 over the remaining term
of the Agreement.
(1) BPA shall transfer Ashland's share of RECs into Ashland's own Western
Renewable Energy Generation Information System(WREGIS) account,which
shall be established by Ashland; or
(2) BPA shall transfer Ashland's share of RECs into a BPA-managed WREGIS
subaccount. Such subaccount shall be established by BPA on Ashland's
behalf and the terms and conditions of which shall be determined by the
Parties in a separate agreement; or
26PS-25001,Ashland 3 of 5
Exhibit H, Renewable Energy Certificates and Environmental Attributes
(3) BPA shall transfer Ashland's share of RECs into a third party-managed
WREGIS account. Ashland shall notify BPA of the third-party WREGIS
account number in its notice provided pursuant to this section 5.
By April 15, 2030, and by each April 15 over the remaining term of this Agreement,
BPA shall transfer Ashland's share of RECs from the prior calendar year to Ashland
via WREGIS in accordance with its transfer election.
If Ashland's WREGIS account number has changed, then Ashland shall notify BPA
of such change by December 1, 2028 and by each December 1 over the remaining
term of this Agreement.
All references to WREGIS in this Exhibit H should be understood to mean WREGIS
or a comparable commercial tracking system. BPA may change commercial tracking
systems with reasonable advance notice to Ashland. In such case, the Parties shall
establish a comparable process for BPA to provide Ashland its share of RECs.
6. FEES
BPA shall pay any reasonable fees associated with: (1) the transfer of Ashland's
RECs into any WREGIS account or WREGIS subaccount and (2) the establishment
of any WREGIS subaccounts in Ashland's name pursuant to section 5 of this exhibit.
Ashland shall pay all other fees associated with any WREGIS or successor
commercial tracking system, including WREGIS Retirement, reserve, and export
fees.
7. EMISSION ALLOWANCES
7.1 BPA Compliance with Emission Allowance Program(s)
If over the term of this Agreement BPA incurs an emissions compliance
obligation placed on electricity importers that provide power to Ashland's
service territory, and if based on that compliance program:
(1) BPA is obligated to obtain Emission Allowances sufficient to cover
power purchased under this Agreement to Ashland, and
(2) Ashland is eligible to receive Emission Allowances at no cost from
Ashland's applicable jurisdiction and which can be used directly for
compliance,
then Ashland shall transfer, or otherwise provide, Emission Allowances to
BPA on the schedule and in the amount agreed to by BPA and Ashland that
is sufficient to satisfy BPA's compliance obligations that arise in order to
serve Ashland's load in its state.
The Parties shall revise section 7.2 below to include the specific terms and
conditions, such as the calculation of the Emission Allowances to be
transferred, and cost responsibilities, if any, associated with the transfer of
Emission Allowances to BPA.
26PS-25001,Ashland 4 of 5
Exhibit H, Renewable Energy Certificates and Environmental Attributes
If Ashland elects to not revise this Exhibit H to include applicable special
provisions in section 7.2 below, then BPA shall apply and Ashland shall pay
the applicable Emissions Allowance costs through charges established in the
BPA Power Rate Schedules and GRSPs.
7.2 Transfer of Emission Allowances to BPA
Placeholder for special provisions.
8. REVISIONS
BPA may unilaterally revise this exhibit:
(1) to add or remove the terms and conditions of Ashland's WREGIS subaccount
following either Ashland's election of a WREGIS subaccount pursuant to
section 5 of this exhibit or either Party's notice for termination of a WREGIS
subaccount; and
(2) to incorporate any significant edits related to a change to the commercial
tracking system, pursuant to the last paragraph of section 5 of this exhibit.
All other changes to this Exhibit H will be made by mutual agreement of the Parties.
As discussed in section 1 of this exhibit, BPA and Ashland acknowledge that the
regulatory concepts covered in this exhibit are not well settled and are continually
evolving. Accordingly, if future regulatory concepts change such that the spirit and
intent of this exhibit are not being met, then BPA agrees to discuss such situations
with customers and, as needed, to attempt in good faith to agree on mutually
acceptable amendments to this exhibit.
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26PS-25001,Ashland 5 of 5
Exhibit H, Renewable Energy Certificates and Environmental Attributes
Exhibit I
NOTICES AND CONTACT INFORMATION
1. NOTICES AND CONTACT INFORMATION
1.1 Notices
Any notice required under this Agreement that requires such notice to be
provided under the terms of this section shall be provided in writing to the
other Party in one of the following ways:
(1) delivered in person;
(2) by a nationally recognized delivery service with proof of receipt;
(3) by United States Certified Mail with return receipt requested;
(4) electronically, with verification of the electronic notice's origin, date,
time of transmittal and receipt; or
(5) by another method agreed to by the Parties.
Notices are effective when received.
1.2 Contact Information
The Parties shall deliver notices to the following people and address(es):
If to Ashland: If to BPA:
City of Ashland Bonneville Power Administration
20 E Main Street 905 NE IIth Avenue
Ashland, OR 97520-1814 PO Box 3621
Attn: Sabrina Cotta Portland, OR 97208-3621
City Manager Attn: Kevin Mozena — PSE-6
Phone: (541) 552-2106 Account Executive
E-Mail: sabrina.cotta@ashland.or.us Phone: (503) 230-4585
E-Mail: kimozena@bpa.gov
Additional Ashland Contact: Additional BPA Contact:
City of Ashland Bonneville Power Administration
20 E Main Street 905 NE IIth Avenue
Ashland, OR 97520-1814 PO Box 3621
Attn: Tom McBartlett Portland, OR 97208-3621
Director of Electric Utilities Attn: Scott K. Wilson — PSW-6
Phone: (541) 552-2314 Western Power Customer
E-Mail: mcbartlettt@ashland.or.us Services Manager
Phone: (503) 230-7638
E-Mail: skwilson@bpa.gov
26PS-25001,Ashland 1 of 2
2. OPERATIONAL CONTACT INFORMATION
As applicable, the Parties shall notify the following people using the following
methods for operations related to this Agreement, including scheduling:
If to Ashland: If to BPA:
Not Applicable Preschedule
E-Mail: PBLPresched@bpa.gov
Or another mutually agreed upon
form of notification. Real Time: See E-Tag for contact
Or another mutually agreed upon
form of notification.
3. REVISIONS
Each Party shall notify the other Party of changes to their contact information
above. After such notice, BPA may unilaterally revise section 1.2 and section 2 of
this exhibit to reflect such changes to the Parties' contact information. All other
changes to this Exhibit I will be made by mutual agreement of the Parties.
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26PS-25001,Ashland 2 of 2
Exhibit I, Notices and Contact Information
Exhibit J
SUPPORT SERVICES; ADDITIONAL RESOURCE AND ENERGY STORAGE
DEVICE REQUIREMENTS
1. CUSTOMER RESOURCE ELECTIONS AND REQUIREMENTS SUMMARY
Elected Services by Resource Resource Services and
Requirements
TSS Election Applied to
Tier 1 Requires Flexible
Resource Name TSS- TSS- Allowance RSS Elections equE-T Resource
Full Partial Amount g Requirements
2. TIER 1 ALLOWANCE AMOUNT
Ashland's total amount of Specified Resources that are applied to the Tier 1
Allowance Amount, as identified in section 2.1 of Exhibit A, are stated below. BPA
shall calculate the Tier 1 Allowance Amount limit in accordance with section 3.5.2 of
the body of this Agreement. If Ashland's CHWM changes, then BPA shall revise the
Tier 1 Allowance Amount and Tier 1 Allowance Amount limit in the table below in
accordance with section 3.5.2 of the body of this Agreement.
Tier 1 Allowance Tier 1 Allowance
Amount (MW) Amount Limit (MW)
3. RESOURCE SUPPORT SERVICES
3.1 BPA shall develop Support Services consisting of RSS and other Support
Services to support eligible Dedicated Resources listed in section 2 and 3 of
Exhibit A and eligible Consumer Owned Resources Serving On-site
Consumer Load listed in section 7 of Exhibit A.
RSS may include, but are not limited to, providing forced outage services,
services for generation that produces secondary energy, or services to support
variable generation. Other Support Services may include,but are not limited
to, scheduling services and curtailment management services. BPA shall
offer an amendment to this Agreement with RSS and other Support Services
contract provisions by July 31, 2026. Prior to that date, BPA shall provide
Ashland a reasonable opportunity to provide input into the development or
refinement of Support Services and the related contract provisions. BPA
shall make RSS and other Support Services available starting in FY 2029.
3.2 If Ashland adds a New Resource to meet its obligations to serve Above-
CHWM Load, consistent with the notice requirements in section 3.5.1 of the
body of this Agreement,then Ashland may purchase RSS or a combination of
RSS and other Support Services from BPA to support such resource.
26PS-25001,Ashland 1 of 5
4. EXISTING DISPATCHABLE RESOURCE CAPACITY SHAPING
REQUIREMENTS
Ashland does not have any Existing Resources that are Dispatchable Resources.
5. RESOURCE ADEQUACY REQUIREMENTS AND SUBMITTALS
BPA acknowledges that the resource adequacy compliance requirements in this
section 5 of Exhibit J are evolving. Accordingly, if future requirements change such
that the intent of this section 5 is not being met, then BPA agrees to discuss such
situations with customers and develop revisions to this section 5. In accordance
with sections 17 and 22 of the body of the Agreement, the following shall apply.
5.1 Resource Adequacy Submittals for Dedicated Resources and
Consumer-Owned Resources Serving On-Site Consumer Load
5.1.1 For all Ashland's Dedicated Resources and Consumer-Owned
Resources serving On-Site Consumer Load, Ashland shall submit to
BPA the QCC values and JCAF(s) for the Generating Resource(s)
Ashland will provide to meet its Dedicated Resource and Consumer-
Owned Resource serving On-Site Consumer Load amounts for any
Fiscal Year as follows.
For the winter WRAP season shown in the table below, such submittal
shall be by November 1 prior to the Fiscal Year in which Ashland has
a Dedicated Resource or Consumer-Owned Resource serving On-Site
Consumer Load amount.
For the summer WRAP season shown in the table below, such
submittal shall be by June 1 prior to the Fiscal Year in which Ashland
has a Dedicated Resource or Consumer-Owned Resource serving On-
Site Consumer Load amount.
WRAP Seasons
Summer June - September
Winter I November— March
5.1.2 Beginning October 1 immediately preceding the start of the winter
season in which Ashland has a Dedicated Resource or Consumer-
Owned Resource serving On-Site Consumer Load amount, and
beginning May 1 immediately preceding the start of the summer
season in which Ashland has a Dedicated Resources or Consumer-
Owned Resource serving On-Site Consumer Load amount, Ashland
shall submit a generation schedule for such Generating Resource(s),in
hourly amounts, no later than one month in advance of each operating
day. Such generation schedule can be for each hour of the entire
WRAP summer or winter season or for each hour of each individual
future day of the season.
26PS-25001,Ashland 2 of 5
Exhibit J, Support Services; Additional Resource and Energy Storage Device Requirements
5.1.3 On each preschedule day of the applicable WRAP season, Ashland
shall submit a generation schedule for the Generating Resource(s)
Ashland will provide to meet its Dedicated Resource and Consumer-
Owned Resource serving On-Site Consumer Load amounts, as
applicable, in hourly amounts for the day of delivery.
5.1.4 If BPA determines that Ashland does not need to provide certain
information required in sections 5.1.1, 5.1.2, and 5.1.3 above, then
BPA shall revise the table below to list any resources and information
that Ashland does not need to provide.
Resource Name Resource and Information Exemptions
5.2 Resource Adequacy Services
Unless a self-supply option is available and elected by Ashland,Ashland shall
purchase Support Services for the following resources for resource adequacy
planning purposes: (1) New Resource amounts serving Above-CHWM Load
and(2) Consumer-Owned Resources serving On-Site Consumer Load except
for those listed in section 7.4 of Exhibit A, in accordance with the applicable
Power Rate Schedules and GRSPs.
Ashland shall be responsible for any resource adequacy-related planning
obligations for any Planned NLSL or NLSL served by Dedicated Resource
amounts or Consumer-Owned Resources listed in section 7.4 of Exhibit A.
5.3 WRAP Load Exclusions
5.3.1 By July 31, 2027, and by July 31 of each Forecast Year thereafter,
Ashland may request that BPA allow a load exclusion. Upon receipt of
such request, BPA will analyze Ashland's request, including impacts
to BPA's ability to maintain resource adequacy and reliability, and
any potential cost shifts to BPA and other BPA customers. In its sole
discretion, BPA may: (1) allow a requested load exclusion, (2) allow a
requested load exclusion subject to conditions designed to offset any
negative impacts the requested load exclusion may have on the
reliability of the power system or to share costs; or (3) decline a
requested load exclusion.
By October 15 of the Rate Case Year following the request, BPA shall
provide Ashland notice of its decision regarding the requested load
exclusion,including a summary of its analysis and any conditions. By
January 31 of that Rate Case Year, the Parties shall revise
section 5.3.2 of this exhibit to state the terms and conditions of any
allowed load exclusion. Such load exclusions will be effective on
October 1 following the Exhibit J revision and shall remain in effect
for the duration of that Rate Period. If the Parties do not revise
Exhibit J pursuant to this section by January 31 of the applicable
26PS-25001,Ashland 3 of 5
Exhibit J, Support Services; Additional Resource and Energy Storage Device Requirements
Rate Case Year, then BPA shall not allow the requested load exclusion
for the upcoming Rate Period.
5.3.2 Ashland does not have a WRAP load exclusion at this time.
5.4 Submittal Method
No later than October 1, 2027, and in accordance with section 22.1.1 of the
body of this Agreement, BPA shall update this section 5.4, and section 2 of
Exhibit I as applicable, with BPA's preferred mode of communication for
WRAP-related information.
5.5 Pass-through Charges
Pursuant to section 22.2 of the body of this Agreement, BPA shall pass
through WRAP charges to Ashland in instances where the charge is related
to one or more of the following: (1) non-performance of Ashland's resource as
planned; (2) failure to meet the requirements of sections 5.1.1, 5.1.2, 5.1.3
and 5.2 above.
If BPA finds that only a portion of such WRAP charge is related to one of the
conditions above, then BPA shall pass through only the portion related to
such conditions. BPA shall not pass through charges that are related to the
failure of BPA-provided Support Services.
For any single instance of a pass-through charge for WRAP, BPA shall waive
a related charge that BPA determines to be duplicative to other charges
assessed.
6. ENERGY STORAGE DEVICES
The data included in this section 6 is intended for informational purposes.
6.1 Definitions
For purposes of this section 6,the following terms shall have the meaning as
defined.
6.1.1 "Cycle" means an Energy Storage Device has discharged an amount of
energy equal to its maximum rated storage capacity and been
recharged to 100 percent of that rated capacity.
6.1.2 "Cycles per Day" means the number of times, or fraction thereof, that
an Energy Storage Device can complete a Charge Cycle within a
normal 24-hour period.
6.1.3 "Hours of Maximum Discharge" means the number of hours, or
fraction thereof, an Energy Storage Device can discharge at its
Maximum Single Hour Discharge.
6.1.4 "Maximum Charge Rate" means the maximum rate at which an
Energy Storage Device can be charged from either a full or partial
26PS-25001,Ashland 4 of 5
Exhibit J, Support Services; Additional Resource and Energy Storage Device Requirements
discharge to either a higher level of charge or a full charge, in
percentage of full charge per hour.
6.1.5 "Maximum Single Hour Discharge" means the maximum megawatt-
hours that an Energy Storage Device is rated for discharge on a single
hour.
6.1.6 "Round Trip Efficiency" means the percent of energy used in charging
an Energy Storage Device that later can be discharged to the
alternating current electrical system.
6.1.7 "Storage Capacity" means the megawatt-hours of energy an Energy
Storage Device is designed and rated to be able to store and discharge
to the alternating current electrical system on an ongoing basis.
6.2 Notice of Energy Storage Device Connection
Ashland shall provide notice to BPA of its or its consumer's intent to connect
an Energy Storage Device to Ashland's distribution system. Such notice shall
be provided no fewer than 30 calendar days prior to the Energy Storage
Device connection and shall include the information specified in
section 6.3.1.3 below. BPA will populate the table in section 6.3.1.3 within
60 calendar days of receiving the notice.
6.3 List of Ashland and Consumer-Owned Energy Storage Devices
Ashland does not have any Energy Storage Devices at this time.
7. NON-FEDERAL NETWORK RESOURCE INFORMATION FOR TRANSFER
SERVICE
Ashland does not have any non-federal Network Resources at this time.
8. REVISIONS
BPA shall unilaterally revise this exhibit to reflect: (1) Ashland's resource elections
and requirements in section 1 of this exhibit; (2) Ashland's Tier 1 Allowance Amount
in section 2 of this exhibit; (3) resource adequacy requirements in section 5 of this
exhibit; and (4) updates or additions to Energy Storage Devices in section 6 of this
exhibit. Additionally, BPA shall unilaterally revise section 3, Resource Support
Services, of this exhibit to implement an established BPA rate for such products or
services.
All other changes to this Exhibit J will be made by mutual agreement of the Parties.
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26PS-25001,Ashland 5 of 5
Exhibit J, Support Services; Additional Resource and Energy Storage Device Requirements