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Resolution No. 4866 . . . . . 1 2 3 4 5 6 7 8 9 10 n 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 4866 A RESOLUTION OF' THE CITY. COUNCIL OF THE CITY OF VERNON APPROVING THE EXECUTION.. OF AN INTERCONNECTIONAGREEMEN';t' BY AND BETWEEN. THE NEVADA POWER COMPANY AND THE CITY OF VERNON AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the Nevada Power Company is eng(iged in the generation, distribution and sale of electric power and energy in the State of Nevada and is interconnected with Southern California Edison Company; and WHEREAS, the City of Vernon is an operating public utility within the State of California and currently purcha~.inq its full requirements from Southern California Edison COmpany pUrsuant to a tariff schedule, approved by the Fe<ieral Energy Regulatory Commission; and WHEREAS, the Nevada Power Company at various times sells interruptible energy to other utilities; and WHEREAS, the Nevada Power Company is willing to enter into an Interconnection Agreement with the City of Vernon which would provide for the sale of interruptible energy to the Ci.ty of Vernon at various ti.mes; and WHEREAS, the City of Vernon has negotiated and will execute in the near future an Integration and Transmission Agreement with the Southern California Edison Company for the tran~mission and integration of interruptible energy purchased from the Nevada Power Company; and WH~REAS, the price of interruptible energy from the Nevada Power COmpany when its available is less than the cost of purchasing energy from Southern California Edison Company " .' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 pursuant to the current tariff schedule in force. NOW, THE~FORE ,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: That the City Council of the City of Vernon does hereby approve the Interconnection Agreement by and between the Nevada Power Company and the City of Vernon, .a copy>of which is attached hereto as Exhibit uAlland incorporated herein by this reference'asthoughfully set forth at length. SECTION 2: That the Mayor is hereby authori~ed to execute said Interconnection Agreement for and oh behalf of the City of Vernon. SECTION 3: That the City Clerk of the City.of Ve:t:'non shall certify to the passage of this Resolution and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this lSth day of December', 1981. C. ATTEST: S/BRUCE V. HALKENHORST BRUCE V. MALKENHORST, City Clerk "'2- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 S1'ATEOF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) I, BRUCE V.MALKENHORST, City Cl~rk of the City of Verno,n, do hereby certify that the foregoing Reso1u.tion,being Resolution No. 4866 , was duly adopted by the City Council of the City of Vernon, and was approved by the Mayor of said City at a t"egular meeting of the City Council held ... on Tuesday, December 15 , 19 81. II S~RRTTCF, " . MAT .KR1'\1HOR!=:'T' B UCE V. l-tALKENHORST, CIty Clerk ( SEAL) .1 -3- .. INTERCONNECTION AGREEMENT betlYeen NEVADA POWER COMPANY and CITY OF VERNON THIS AGREEMENT entered into as'ofthe day of , 1981, hereinafter referred to as "Interconnection Agreement", between CITY OF VERNON, hereinafter referred to as "Vernon", and NEVADA POWER COMPANY, hereinafter :a.-eferred to as ''Nevadafl, each being a party hereto and said entit.ies being. sometimes referred, to.as "the Parties"; WITNESSETH: WHEREAS, Nevada is engaged in the generation, distribution and sale of electric power and energy in the State of Nevada, and is interconnected with Southern California Edison Company (}!;dison) in southern Nevada; and, WH.E:REAS., Vernon is or is about to be engaged in the generation, transmission and sale of electric power and energy in the State of California and has contracted for transmission service with Edison; and WHEREAS, the Parties will each maintain generating capacity for use in their system and believe that exchanges of power and energy between their respective systems will provide substantial benefits to the regions and custome:a.-s served by each PCirty, including more efficient uS.e of generating capacities, more efficient scheduling of new facilities, and general economics gained through interchange of energy; NOW, 'l'HEREFORE, it is hereby agreed as follows: ~l- EXHIBIT. ~A j -A " ARTICLE I PURPOSE l.l The primary purpose of the parties in entering into this Agreement is to provide the exchange of capacity and energy between. the electric systems of the Parties and to establish the terms and conditions of such exchange which is made possible through interconnection of the systems of the Parties through the systems of other parties. ARTICLE II TERM 2.1 This Agreement shall become effective .as of the date of execution and shall remain in force for a period of One year from that date or as terminated upon. thirty (30) days' notice by either party if no service schedule is presently in effect or under negotiation; and the.reafteron a year-to-year basis, unless terminated by either party through written notice given to the other party at least l80 days in advance of the effective termin- ation date. ARTICLE III POINTS OF DELIVERY 3.1 The Point of Delivery for the energy supplied here.under will be at the 500 Kv transmission system of Edison at the Eldorado Substation Jlear Las Vegas, Nevada. Vernon will be responsible for transmission arrange- ments from the Point of Delivery to Vernon's System. 3.2 Other additional points of delivery may be established between the Parties by the Operating Representatives. -2- " 3.3 The Parties' respective systems are inter.connected through several third-party systems and as Agreements are entered intobetlYeen Vernon or Nevada, or both, and any third party for the purpose of provid:f.llg services under this Agreement, those separate agreements will be attached hereto and made a pat't hereof as Exhibits. ARTICLE IV SERVICE TO BE RENDERED 4.1 Inasmuch as the specific services to be rendered will vary during the term of this Agreement ,and the terms, arrangementsa.nd rates applicable ~o such services must necessarily depend upon the conditions existing from time to time, it is intended that such specific services and the terms, arrangements and :a.-ates applicable thereto will be set fot'th in Service Schedules from time to time.formulated betlYeen the Parties. Such Service Schedules I when executed by the Parties ,will become parts of the Agreement during the pet'iods fixed, by their respective terms and, allY such Service Schedule may be modified or terminated in accordance with its terms. 4.2 Service Schedule A, Emergency Assistance, Serv.ice ScheduleB, }!;conomyEnergy Interchange, and Service Schedule C, Banking of Energy, are attached hereto and made a part of this Agreement. 4.3 The Parties recognize that from time to time there may be mutual advantages from the sale or interchange of power upon a basis not provided for in any Service Schedule then in effect and circum.stances may be such that arrangements mustibe made promptly in ot'der to realize such advantage. In such cases, or in cases of em.et'gency or of temporary and unusual operating conditions, temporat'Yarrangements for transactions may be made by the Operating Representatives provided, however, that no such at'rangement shall -3- . . .ext,end for more than thirty (30) days unless 1"atified in writiqg by an officer representing each of the Parties. ARTICLE V SETTLEMENTS 5.1 All power transactions hereunder shall be accounted for on the basis of scheduled hourly quantities. All dispatc~ers involved in the ) transactionsahall maintain records of hourly load schedules fot' accounting and operating purposes. 5.2 Except as otherwise provided in a Service Schedule, the acco\,1nt1n,g period fot' tt'ansactions hereunder shall be one calendar month 5.3 Except as otherwise provided in a Service Schedule, bills for amo\,Jntspayable for any month shall be due by the 20th day after receipt of bill. Amounts not paid on or before the due date shall be payabl~with interest accrued at the rate of one percent (1%) per month from due date to dateof..payment. 5.4 In case a portion of any bill be in dispute, the undisputed amount shall be paid when 'due and the remainder, if any, upon determination of the correct amount, shall be paid promptly after such determination with interest accrued at the rate of one percent (1%) per month computed from the original due date. ARTICLE VI ADMINISTRATION 6.1 The Pat'ties agree to appoint "Operating Representatives" on the effective date of this Agreement to secure effective cooperation and. to deal on a prompt and orderly basis with the various operating and technical pt'oblems which arise in connection with d~livery of power, reciprocal services and coordination. .4- 6.2 The Operating Representatives shall consist of four (4) representatives, two designated by each party, and each such 'representative shall beauthorhed on behalf of the party designating him to act, wi.th t'espect.to those matters herein provided to he responsihilities of the Operating Representatives. The functions and responsibilities of the Operating Representatives'shall he: (a) toe.stablish procedures and standard practices (consistent with the provisions hereof) for the guidance of load dispatchers and other operating employees as to matters affecting interconnected operations of the respective systems, delivery of power"interchange ,of enet'gy, reciprocal emergency assistance, and other similar ope:a.-ating matters; (b) to establish procedures and practices as to dete:a.-minatiolls of costs and expenses and energy losses in connection with the inter-system transactions hereunder; (c) to establish detailed arrangements for scheduling, communication and implementation of operating. procedures. (d) to do such other things as are provided for herein; provided that the Operating Representatives shall have no authority to modify any of the provisions of this Agt'eement. 6.3 The establishment of any procedure or practice and any other action or determination by the Operating Representatives shall be effective when signed by at least one designated t'epresentative of each of the Parties. Each party will notify the other party promptly of the designations of its Ope!ating Rept'esentatives and of any subsequent changes in such designations. -5- ARTICLE VII OENERAL PROVISIONS 7.1 No party shall be considered to be in default with t.'espect ;to any obligation under this Agreement if prevented from fulfining such <1 obligation by reason of uncontt'ollable forces, the term "uncontrollable forces". shall mean any cause which is beyond the c()ntrol of the party affected and which by exercise of due diligence it shall be unable to overcome. No party shall, however, be relieved of liability .for failure 'of' performance if such failure is due to causes at'ising out .of its own negligence or to removable orreIlled,iable causes which it fails to remove or t.'emedy lYith reasonable dispatch. Nothing contained herein shall be construed to. obligate a pat'ty to forestall or settle a strike against its wi 11. 7.2 Each party win .defend and indemnify the othet.' party against liability, loss, costs and expenses on account of injury or damage to persons or property occasioned on or adjacent to its facilities, unless it be proven that such injury 01.' damage resulted from the negligence of the other pat'ty; provided, howeve:a.-, that .each party shall be solely responsible for the payment of claims to its employees and agents for injut'ies occurring in connection with their employment' or arising out of any worker's compensation law. 7.3 A waiver at any time by a party of its rights with respect to a default uJlder this Agreement, or with respect to any other matter arising in connection. with this Agreement, shall not be deemed a waiver with respect to any subsequent default or matter. No delay, short of tl1estatutory period of limitatioI'ls, in asserting or enforcing any right hereundet' shall be deemed a waiver of such right. -6- 7.4 Any formal notice, demand, or requef)t provided for iJ:l this Agreement, or given or made in connection with this Agreement, shall be deemed to be properly given or made if personally delivered. or telegraphed or sent by registered mail, postage prepaid, to the person specified; To or upon Nevada The Secretary Nevada Power Company Post Office Box 230 Las Vegas, Nevada 89151 To or uponVet'non City of Vernon c/o Executive Director of Light andJ?ower 4305 Santa Fe Avenue Vernon,Califot'nia 90058 .A party may at any time, by. written notice, change the designation or the address of the person so specified. 'l'hispat'agraph does not apply to notices and requestsofa routine chClracter in connection withdeliveryot' receipt of powet' or in connection withopet'ation of facilities. Such notices and requestf) shall be given in such manner as the ,Operating Representatives from time.t;otime shall arrange. 7.5 This Agreement, including the Service Schedules and tariffs made a part hereof, shall .at tilll times be subject to such changes or modifications as shall be ordered from time to tillle by any legally constituted regulatory body having jurisdiction to require such changes or modifications. Nothing contained herein shall be construed as affecting in any way the right of any party furnishing or receiving service und.er this Agreement to unilaterally make applications to theFed~ral Energy ~egulatory Commission for a change in rates, charges, classifications or service, or in any rule, regulation or contract reglating thereto, or. to petitiQnfor investigation of existing rates, under the Federal Power Act, and put'suant to the Commission's rules and regulations promulgated thet'eunder. -7- 7.6 This Agreement, including Set'vice Schedules het'eunder, shall be binding upon and inure to the benefits of the respective successors and assigns of the Parties. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized officers and theit' corporate seal to be affixed, as of the day and year fit'st het'ein written. NEVADA POWER COMPANY By ~ ~,t~ ATTEST: Vice President ~'~~~ ~ CITY OF VERNON ATTEST: By Mayor City clerk APPROVED AS TO. FORM: City Attorney -8- INTERCONNECTION AGREEMENT between NEVADA POWER COMPANY and CI TY OF VERNON SERVICE SCHEDULE A EMERGENCY ASSISTANCE This Service Schedule A is agre~d upon as a pat'tof the Inter- connection Agreement (Agreement) entet'ed into as of the day of , 1981, between NEVADA POWER COMPANY (Neyada) and CITY OF VERNON (Vernon). 1. This Service Schedule shall be in effect concurrently with the Agreement unless mod,ified or superseded by some other Service Schedule between the Parties. 2. Either party will, upon request of the other party, supply as emergency assistance such power and energy as the requesting party may need to protect orrestot'e services to its customers, subject to the availability of such power and energy, including without limitation the condition,that such supply will not result in impairment of or serious jeopardy to the supplier's system, its customers, or its connnitments to third parties, all as determined by the supplier. 3. The receiving party shall pay the supplying party the sum of the following Components which shall be determined in accordance with criteria established by the Operating Representatives: 3.1 Onehundred-fift~en percent (115%) of the incremental o cost of fuel us~d to generate ene.rgy required to make such s.ale; A (l) 3.2 Incremental operation and maintenance cost per kilowatt-hour; and 3.3 Estimated cost of making ready, starting up and shutting down such units started to furnish emergency service: provided, that the payment shall not be less than one hundred-seven and one-half percent (107.5%) of the market price of deliveries to a third party which the supplying party interrupts to supply emergency assistance hereunder. 4. In the event this Service.Schedule be terminated pursuant to Paragt'aph I, the ,obligations> of the Parties with t'espect to payment fot' energy shall continue'until any payments due for energy be made. Executed in du.plicate as of the day of , 1981. NEVADA POWER COMPANY B.y 0~c:tIt ~xec(jfve Vice President ATTEST: CITY OF VERNON ATrEST: By Mayor City Clerk APPROVED AS TO FORM: City. Attorney A (2) INTERCONNECTION AGREEMENT between NEVADA POWER COMPANY and C1.TY' OF VERNON SERVICE SCHEDULE B ECONOMY ENERGY INTERCHANGE This Service Schedule B is agreed upon asa part of the Inter- connection Agreement (Agreement) entered into as of the day of , 1981, between NEVADA POWER COMPANY (Nevada) and CITY OF VERNON (Vernon). 1. This Service Schedule shall be in effect concurt'ently with the Agreement unless modified or superseded by some other Service Schedule between the Parties. 2. Each party will supp~y economy energy "When and if t'equested by the other party in amounts up to the capacity of its power sources and transmission interconnections provided that, in the sole judgment of the supplying party, such economy energy is available and will not result in impainnentof or jeopardy to service in its own system. Each party shall be the sole judge as to the conditions under which it is economical and practicable for it to delivet' economy energy hereunder. 3. Insofar as practicable, hourly schedules for economy energy transactions shall be ~rranged between the system dispatchers on a ,; tentative basis at least one day in advance, subject to later modification if unforseen circumstaucesarise. B (1) .... ""., ~. '. 4. Settlement with respect to economy energy sales shall be equal to one-half of the SuIll of cost to the supplying party and the cost avoided by the t'eceiving party in reducing its generation level or in displacing other available energy purchases. The cost to supply and cost a.voided shall reflect incremental fuel cost, transmission losses' and charges over third.. party sYl'items, operation and maintenance costs, start-up costs, cost of purchased energy, or revenue loss from an alternat.ive sale. Operation and maintenance costs and start..~p costs will be determined by the Opera.ting Representatives and maybe reviewed from, time t,o time at the request of eitherpa1;ty. 5 In the event this Set'viceSchedule be terminated pUt'suant to Paragraph 1, the obligations of the Parties with respect to payment for energy shall continue until payments due have been made. Exe.cuted'in duplicate as of the day of , 1981. NEVADA POWER COMPANY ATTES T: ByJ~ c -all, {, utiv. Vie.. President CITY , F VERNON ..~~"- ATTEST: By Mayor City Clerk APPROVED AS TO FORM: City Attorney B (2) . .' INTERCONNECTION AGREEMENT between NEVADA POWER COMPANY and CITY OF VERNON SERVICE SCHEDULE C BANKED ENERGY nection Agreement (Agreement) entered into a.s of the day of This. Service Schedule C is agreed upon as part of , the Intercon- , 1981,. between NEVADA POWER COMPANY (Nevada) and CITY OF VERNON (Vernon). 1. This Service Schedule shall be in effect concurrently with the Agreement unless modified or. superseded, by some other Service. Schedule between the Parties. 2. For the purpose of achieving efficient utilization of production capacity, either party may request enet'gy from the other pat'ty and the other party may, at its sole discretion, deliver such power and energy to the other party making such request. Either party may also offer energy to the other party. Such power and energy furnished shall be credited to the supplier in a Banked Energy Account. A record of Banked Energy shall be maint,ainedby each party, and no energy delivered by one party to the other pat'ty shall be deemed to be Banked Energy unless prior arrangement for such d,eliveryhas been made by the system schedulers or dispatchers of the Parties hereto. 3. Banked Energy delivered by eit.he:a.- party to the other shall be retut'ned at the Point of Delivery at times and at"rates of delivery to be C (1) .. J1t .' established by the system SChedulers and shall<be returned kilowatt..hour for kilowatt"hour unless otherwise agreed to by the OperatingRepresent~tiv~s. 4. The Operating Representatives shall determine, pt'io.rtoany deliveries hereunder, settlement for transmi13sion losses and charges'tpat may result from energy banking transactions aJld may by mutual agreement assigna<cost p~r kilowatt..hou:a.-for any enet'gy to be delivered and recorded in the Banked Energy Account and may by mutual agreement settle suchaccoullt ot' any portion. thereof by payment between the Parties. 5. It is the intent of the Parties that deliveries sha.llbebalanced by return of~nergy withinsi~ty(60) days unless established otherwise by the Opet'ating Rept'esentativ~s. All' balances will be settled to the extent practicable once a year at adCl.teto be established by the Operating Rept'~13entatives. 6. In the event this Service Schedule be terminated purstlant to Paragt'aph 1, theobligCl.tions of the Parties with resp~ct to returning energy shall continue until such energy is returned. Executed in duplicate as of the day of , 1981. AT;:~.~U' ATTEST: ~ NEV ADA POWER COMPANY (\~~C $!~ - E~Jcutive Vice Pres ident CIT'i6 VERNON By By Mayor City Clerk APPROVED AS TO FORM: City .Attorney C (2) - .-,---