Resolution No. 77512
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RESOLUTION NO. 7751
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING RESOLUTION NO. 7608, AS AMENDED BY
RESOLUTION NO. 7659, TO PROVIDE FOR A NEW
TRANSMISSION OWNER TARIFF IN ACCORDANCE WITH THE
DECISION OF THE FEDERAL ENERGY REGULATORY
COMMISSION
WHEREAS, on August 29, 2000, the City Council of the City of
Vernon adopted Resolution No. 7608 establishing the Transmission
Revenue Requirement ("TRR") associated with Vernon's high voltage (over
200 kV) transmission facilities and entitlements (all located outside
the City) for the purpose of becoming a Participating Transmission
Owner with the California Independent System Operator ("ISO"); and
WHEREAS, the TRR and Transmission Owner Tariff ("TO Tariff")
were filed with the Federal Energy Regulatory Commission ("FERC") on
August_30, 2000, as supplemented on August 31, 2000, in FERC Docket No.
EL00-105-000; and
WHEREAS, the FERC issued its decision on October 27, 2000,
requesting the City of Vernon to make certain changes to its TRR and TO
Tariff; and
WHEREAS, on November 7, 2000, the City Council of the City of
Vernon adopted Resolution No. 7659 which approved and authorized for
filing with FERC a Compliance Filing prepared by Albert E. Clark, the
City's Consultant, and a new TO Tariff incorporating the changes in the
TRR and TO Tariff suggested by FERC in its decision; and
WHEREAS, the TRR and TO Tariff were filed with the FERC on
November 9, 2000, as supplemented on November 13, 2000, in FERC Docket
No. EL00-105-001; and
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WHEREAS, the FERC issued its decision on March 28, 2001,
requesting the City of Vernon to make further changes to its TO
Tariff; and
WHEREAS, the City's staff have prepared a TO Tariff
incorporating the changes in the TO Tariff proposed by FERC in its
March 28, 2001 decision; and
WHEREAS, the City of Vernon desires to amend Resolution No.
7608, as amended by Resolution No. 7659, to provide fora new TO
Tariff in accordance with the decision of the FERC to be effective
January 1, 2001; and
WHEREAS, by letter dated April 12, 2001, Bruce V.
Malkenhorst, City Administrator/City Clerk, recommended that the
revised TO Tariff be accepted and submitted to FERC.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the TO Tariff prepared by staff, to be effective January 1,
2001, a copy of which is attached hereto as Exhibit "A" and made a
part hereof, which establishes the terms and conditions of service on
Vernon's high voltage transmission system and authorizes it to be
filed with the FERC in compliance with its decision in FERC Docket No.
EL00-105-001.
SECTION 3: Any provisions contained in Resolution Nos. 7608
and 7659 not consistent with or in conflict with this resolution are
hereby repealed. In all other respects, Resolution Nos. 7608 and 7659
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shall remain in full force and effect.
SECTION 4: The City Clerk of the City of Vernon 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 24th day of April, 2001.
FATTEST•
G!
BRUCE V. MALKENHORST, City Clerk
LEONIS C. MALB RG, Ma r
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STATE OF CALIFORNIA
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7751, was duly adopted by the City Council of the City of Vernon at an
adjourned regular meeting of the City Council duly held on Tuesday,
April 24, 2001, and thereafter was duly signed by the Mayor of the City
of Vernon.
BRUCE V. MALKENHORST, City Clerk
(SEAL)
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EXHIBIT
0
Authorized by City of Vernon
Ordinance No. 940
Issued on: April 24, 2001
Transmission Owner Tariff
CITY OF VERNON, CALIFORNIA
TRANSMISSION OWNER TARIFF
Resolution No. 7751 Effective: January 1, 2001
Sheet No. 1
Transmission Owner Tariff (cont.)
TABLE OF CONTENTS
Page No.
1. Preamble ........................................................................................................ ..... 4
2. Effective Date.............................................................. ............................... ....... 4
3. TO Definitions ..................... ............................................................. ............ 4
4. Eligibility ........................................................................... .................... ..........6
5. Access Charges.......................................................................................................... 7
5.1 Transmission Revenue Requirement............................................................ 7
5.2 Transmission Revenue Balancing Account Adjustment ("TRBAA") ....... 7
6. Ancillary Services --Applicability and Charges ...................... ........ 7
. ........................
7. Billing and Payment.................................................................................................. 7
8. Expansion and Interconnection for Vernon's Interests in COTP, MPP, MAP,
and Marketplace Substation.................................................................................... 8
8.1 Expansion................................................................... ..............................8
8.2 Interconnection.............................................................................................. 8
8.3 Project Managers and Operators.................................................................. 9
8a. Obligation to Interconnect or Construct Transmission Expansions and
FacilityUpgrades...................................................................................................... 9
8a.1 Participating TO Obligation to Interconnect ............................................... 9
8a.2 Participating TO Obligation to Construct Transmission Expansions or
FacilityUpgrades.................................................................................... 11
8a.3 Request for FERC Deference Regarding Need Determination ................ 11
9. Expansion Process for Vernon's Interests in COTP, MPP, MAP, and
MarketplaceSubstation................................................................................. . 11
9a. Expansion Process................................................................................................... 11
9a.1 Determination of Facilities........................................................................... 11
9a.2 Obligation to Build........................................................................................ 13
Authorized by City of Vernon
Ordinance No. 940
Issued on: April 24, 2001 Resolution No. 7751 Effective: January 1, 2001
Sheet No. 2
Transmission Owner Tariff (cont.)
Page No.
9a.3 Provisions Relating To Transmission Construction On the
Systems Of Other TOs.................................................................................. 14
10. Interconnection Process for Vernon's Interests in COTP, MPP, MAP, and
Marketplace Substation......................................................................................... 15
10a. Interconnection Process.......................................................................................... 15
10a.1
Applicability................................................................................................
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10a.2
Applications.................................................................................................
16
10a.3
Completed Application...............................................................................
16
10a.4
Notice of Need for System Impact Study ..................................................
16
10a.5
System Impact Study Cost Reimbursement and Agreement ..................
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10a.6
System Impact Study Procedures..............................................................
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10a.7
Relevant Sections Apply Upon Receipt of Facilities Study Agreement.
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10a.8
Partial Interim Service...............................................................................
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10a.9
Expedited Procedures for New Facilities ..................................................
19
11. Uncontrollable Forces and Indemnification........................................................ 19
11.1 Procedures to Follow if Uncontrollable Force Occurs ............................. 19
11.2 Indemnification.................................................... ..................................... 20
12. Regulatory Filings.................................................................................................. 20
13. Miscellaneous................................................................................................. .....20
13.1 Notices....................................................................................................... 20
13.2 Waiver...........................................................................................................20
13.3 Confidentiality..............................................................................................20
13.4 Titles.............................................................................................................. 21
13.5 Severability .......................... ... ........................... ............................ 21
13.6 Preservation of Obligations ........................................... ........................ 21
13.7 Governing Law......................................................................................... 21
13.8 Appendices Incorporated............................................................................ 22
13.9 Consistency with ISO Tariff..................................................................... 22
13.10 Disputes . ............................................................................... ............... 22
APPENDIXI................................................................................................................... 23
APPENDIXII....................................................................................................:. ........ 24
Authorized by City of Vernon
Ordinance No. 940
Issued on: April 24, 2001
Resolution No. 7751 Effective: January 1, 2001
Sheet No. 3
Transmission Owner Tariff (cont.)
1. Preamble. Vernon's TRR for its high voltage transmission facilities and Entitlements
placed under the ISO's operational control, and certain terms and conditions relating to
transmission expansion of and interconnection with Vernon's high voltage transmission
facilities and Entitlements placed under the ISO's operational control, are set forth in this
TO Tariff.
2. Effective Date. This TO Tariff is effective on the date on which Vernon became a
Participating TO, January 1, 2001, and shall continue to be effective so long as Vernon is
a party to the TCA.
3. TO Definitions. Certain capitalized terms used in this TO Tariff that are set out
immediately below shall have the meanings set out immediately below. Capitalized
terms used in this tariff and not defined below shall have the meanings set out in the ISO
Tariff as it may be amended from time to time.
3.1 Completed Application. An application that satisfies all of the information and
other requirements of this TO Tariff, including any required deposit
3.2 COTP. The California -Oregon Transmission Project as defined in the COTP
Interim Participation Agreement.
3.3 COTP Interim Participation Agreement. That certain agreement entered into
by the various parties on or about September 30, 1991 for the purpose to.
complete construction of, and to own and operate the COTP.
3.4 Direct Assignment Facilities. Facilities or portions of facilities that are
constructed by the Participating TO for the sole use or benefit of a particular
party requesting Interconnection under this TO Tariff. Direct Assignment
Facilities shall be specified in the Interconnection Agreement that governs
service to such party.
3.5 Facilities Study Agreement. An agreement between a Participating TO and
either a Market Participant, Project Sponsor, or identified principal beneficiaries
pursuant to which the Market Participants, Project Sponsor, and identified
principal beneficiaries agree to reimburse the Participating TO for the cost of a
Facility Study.
3.6 Facility or Facilities Study. An engineering study conducted by a Participating
TO to determine required modifications to the Participating TO's transmission
system, including the cost and scheduled completion date for such modifications
that will be required to provide needed services.
3.7 Local Regulatory Authority. In the case of Vernon, the Vernon City Council.
3.8 MAP Joint Ownership Agreement. That certain agreement entered into by the
Mead-Adelanto owners, as the same may be revised, amended or supplemented
from time to time.
Authorized by City of Vernon
Ordinance No. 940
Issued on: April 24, 2001 Resolution No. 7751 Effective: January 1, 2001
Sheet No. 4
Transmission Owner Tariff (cont.)
3.9 MAP Coordinating Committee. Governing committee of the MAP.
3.10 MAP Operation Agreement. That certain agreement entered into by the Mead-
Adelanto owners and Los Angeles, which, among other things, designates
Los Angeles as operation manager for the Mead-Adelanto Project.
3.11 Marketplace Administrative Committee. Governing committee of the
Marketplace Substation.
3.12 Marketplace Owners. Each of the Mead -Phoenix owners and each of the
Mead-Adelanto owners, their successors and assigns.
3.13 Marketplace Substation. The common terminal for the Mead -Phoenix and
Mead-Adelanto Projects and includes the Marketplace -McCullough tie line as
common facilities, as more fully described in the Marketplace Substation
Participation Agreement.
3.14 Marketplace Substation Participation Agreement. That certain agreement
entered into by the Marketplace Owners, which provides, among other things, for
ownership, construction, operation, maintenance, and rights of use associated
with the Marketplace Substation.
3.15 Mead-Adelanto Project or MAP. A 500 kV AC transmission line with
termination facilities at the Adelanto Switching station and Marketplace
Substation, as more fully described in the Mead-Adelanto Project Agreements as
defined in the MAP Joint Ownership Agreement.
3.16 Mead -Phoenix Project or MPP. A 500 kV AC transmission line
interconnecting the Westwing Switchyard, Mead Substation, and Marketplace
Substation, as more fully described in the Mead -Phoenix Agreements as defined
in the Mead -Phoenix Project Joint Ownership Agreement.
3.17 MPP Joint Ownership Agreement. That certain agreement entered into by the
Mead -Phoenix owners, as the same may be revised, amended or supplemented
from time to time.
3.18 MPP Management Committee. Governing committee of the MPP.
3.19 MPP Operation Agreement. That certain agreement entered into by the Mead -
Phoenix owners, SRP and Western, which, among other things, designates SRP
and Western as operation managers for the Mead -Phoenix Project.
3.20 Participating TO. A party to the TCA whose application under Section 2.2 of
the TCA has been accepted and who has placed its transmission assets and
Entitlements under the ISO's Operational Control in accordance with the TCA.
A Participating TO may be an Original Participating TO or aNew Participating
TO. For purposes of this TO Tariff, the Participating TO is Vernon.
Authorized by City of Vernon
Ordinance No. 940
Issued on: April 24, 2001 Resolution No. 7751 Effective: January 1, 2001
Sheet No. 5
Transmission Owner Tariff (cont.)
3.21 Project Proponent. A Market Participant or group of Market Participants that:
(i) advocates a transmission addition or upgrade; (ii) is unwilling to pay the full
cost of the proposed transmission addition and upgrade, and thus is not a Project
Sponsor; and (iii) initiates proceedings under the ISO ADR Procedures to
determine the need for the proposed transmission addition or upgrade.
3.22 System Impact Study. An engineering study conducted by a Participating TO
to determine whether a request for Interconnection to the Participating TO's
transmission, system would require new transmission additions or upgrades.
3.23 System Impact Study Agreement. An agreement between a Participating TO
and an entity that has requested Interconnection to the Participating TO's
transmission system pursuant to which the entity requesting Interconnection
agrees to reimburse the Participating TO for the cost of a System Impact Study.
3.24 Transmission Revenue Balancing Account Adjustment ("TRBAA"). A
mechanism established by the Participating TO which will ensure that all
Transmission Revenue Credits and other credits specified in Sections 6 and 8 of
Appendix F, Schedule 3 of the ISO Tariff, flow through to ISO Tariff and TO
Tariff transmission customers.
3.25 Transmission Revenue Credit. The net of 1) the revenues received by the
Participating TO from the ISO for Wheeling service, Usage Charges (excluding
any Usage Charges received by the Participating TO as an FTR Holder) and from
the sale of an FTR; and 2) the shortfall or surplus resulting from any cost
differences between Transmission Losses and Ancillary Service requirements
associated with Existing Rights and the ISO's rules and protocols.
3.26 Transmission Revenue Requirement. The TRR is the total annual authorized
revenue requirements associated with transmission facilities and Entitlements
turned over to the Operational Control of the ISO by the Participating TO. The
costs of any transmission facility turned over to the Operational Control of the
ISO shall be fully included in the Participating TO's TRR. The TRR includes the
costs of transmission facilities and Entitlements and deducts Transmission
Revenue Credits and credits for Standby Transmission Revenue and the
transmission revenue expected to be actually received by the Participating TO for
Existing Rights and Converted Rights. The TRR is shown in Appendix I.
4. Eligibility. Transmission service over Vernon's high voltage transmission facilities and
Entitlements placed under the ISO's Operational Control shall be provided only to
Eligible Customers as defined by the ISO Tariff. Any dispute as to whether a customer is
eligible for wholesale transmission service shall be resolved by FERC and any dispute as
to whether a Vernon End -Use Customer is eligible for service under this TO Tariff shall
be resolved by the Local Regulatory Authority. At the present time, there are no Vernon
End -Use Customers eligible for service under this tariff.
5. Access Charges. The applicable Access Charges are provided in the ISO Tariff.
Authorized by City of Vernon
Ordinance No. 940
Issued on: April 24, 2001 Resolution No. 7751 Effective: January 1, 2001
Sheet No. 6
Transmission Owner Tariff (cont.)
5.1 Transmission Revenue Requirement. As set forth in the ISO Tariff, the
Transmission Revenue Requirement for each Participating TO shall be used to
develop the Access Charges set forth in the ISO Tariff. Vernon's Transmission
Revenue Requirement is set forth in Appendix I.
5.2 Transmission Revenue Balancing Account Adjustment ("TRBAA"). The
Participating TO shall maintain a Transmission Revenue Balancing Account
("TRBA") that will ensure that all Transmission Revenue Credits and the
refunds, specified in Sections 6 and 8 of Appendix F, Schedule 3 of the ISO
Tariff, flow through to transmission customers. The TRBAA shall be equal to:
TRBAA = TRCF + TRCT + I.
TRCT = The balance representing the prior period difference between the
projected Transmission Revenue Credits and the actual credits.
TRCF =` The forecast of Transmission Revenue Credits for the following
calendar year.
I = The interest balance for the TRBA, which shall be calculated
using the interest rate pursuant to Section 35.19(a) of FERC's
regulations under the Federal Power Act (18 CFR Section
35.19(a)). Interest shall be calculated based on the average
TRBA principal balance each month, compounded quarterly.
The Vernon TRBAA, calculated in accordance with the ISO Tariff and approved
by the City Council, is stated in Appendix I.
6. Ancillary Services --Applicability and Charges. If any Ancillary Services are required,
Vernon will not provide such services, but transmission customer will be required to meet
any such requirement in accordance with the ISO Tariff.
7. Billing and Payment.
7.1 [intentionally left blank]
7.2 The ISO, in accordance with the ISO Tariff, shall pay the Participating TO,
among other things, Wheeling, Usage, Access Charge revenues, and FTR auction
proceeds (excluding Usage Charge revenues payable to FTR Holders) in
accordance with the ISO Tariff.
7.3 Users of Vernon's high voltage transmission facilities and Entitlements placed
under the ISO's Operational Control shall pay to the ISO all applicable charges in
accordance with the ISO Tariff.
8. Expansion and Interconnection for Vernon's Interests in COTP, MPP, MAP, and
Marketplace Substation. Expansion of and/or interconnection to the high voltage
transmission facilities presently placed under the ISO's Operational Control by Vernon,
which consist of Vernon's minority interests in COTP, MPP, MAP, and the Marketplace
Authorized by City of Vernon
Ordinance No. 940
Issued on: April 24, 2001 Resolution No. 7751 Effective: January 1, 2001
Sheet No. 7
Transmission Owner Tariff (cont.)
Substation, require approval of the owners and/or the management committees of those
facilities. Therefore Vernon does not have the legal authority to compel expansion and
interconnection. Vernon will submit, or assist in the submission of, expansion and/or -
interconnection requests from third parties to the appropriate bodies of a project pursuant
to the individual agreements. It is Vernon's intent to facilitate the submission of such
requests to the full extent allowed by the agreements governing or otherwise applying to
those projects and the applicable laws and regulations. The project agreements have the
provisions, described immediately below, that address expansion and interconnection
requests. At this time, the projects do not have explicit procedures for expansions and
interconnection requests. In some cases, such procedures may be under development.
Third parties making such requests will be responsible for reimbursing all of Vernon's
reasonable expenses incurred by Vernon in facilitating submission of such requests to
such governing bodies. Sections 8a, 9a, and 10a, and their subparts, of this Vernon TO
Tariff shall apply as described in Section 8a.
8.1 Expansion
8.1.1 Mead-Adelanto Project. Pursuant to Section 11.4 of the MAP
Operation Agreement, the Project Coordinating Committee may consider
increasing the available transmission capability of the transmission line.
8.1.2 Mead -Phoenix Project. Pursuant to Section 11.4 of the MPP Operation
Agreement, the Project Management Committee may consider increasing
the available transmission capability of the transmission line.
8.1.3 Marketplace Substation. Pursuant to Section 10.6 of the Marketplace
Substation Participation Agreement, the Administrative Committee may
consider increasing the capability of the Substation.
8.1.4 California Oregon Transmission Project. Pursuant to Section 5.1 of
the COTP Interim Participation Agreement, the Management Committee
was established as a means of securing effective managerial and policy
direction.
8.2 Interconnection
8.2.1 Mead-Adelanto Project. Pursuant to Section 6.2.10 of the MAP
Ownership Agreement, the Project Coordinating Committee has the
power to approve and designate contracts.
8.2.2 Mead -Phoenix Project. Pursuant to Section 6.2.10 of the MPP
Ownership Agreement, the Project Management Committee has the
power to approve and designate contracts.
8.2.3 Marketplace Substation. Pursuant to Section 13 of the Marketplace
Substation Participation Agreement, any entity may interconnect
transmission lines at the Marketplace Substation subject to approval by
Authorized by City of Vernon
Ordinance No. 940
Issued on: April 24, 2001 Resolution No. 7751 Effective: January 1, 2001
Sheet No. 8
Transmission Owner Tariff (cont.)
each Marketplace Owner and execution of an interconnection agreement
between the Marketplace Owners and the requesting entity.
8.2.4 California -Oregon Transmission Project. Pursuant to Section 5.1 of
the COTP Interim Participation Agreement, the Management Committee
was established as a means of securing effective managerial and policy
direction.
8.3 Project Managers and Operators. Each transmission project in which Vernon
has Entitlements has a project manager and an operating agent. They are as
follows and can be contacted in connection with any request for expansion or
interconnection.
Mead -Phoenix Project
Mead-Adelanto Project
Marketplace Substation
California -Oregon
Transmission Project
Proiect Manager
SRP, WAPA (DSW)
LADWP
LADWP
TANC
OOperatine Agent
LADWP
WAPA (SNR)
8a. Obligation to Interconnect or Construct Transmission Expansions and Facility
Upgrades.
8a.1 Participating TO Obligation to Interconnect. Sections 8a, 9a, and 10a, and
their subparts, are provided for consistency with other PTOs' TO Tariffs and for
potential future application should Vernon acquire transmission facilities or
acquire additional legal authority in its existing facilities which would provide
Vernon sufficient legal authority to implement these Sections. These Sections
8a, 9a, and I Oa have no current application to the transmission facilities turned
over to ISO operational control by Vernon, which facilities are Vernon's
minority interests in COTP, MAP, MPP, and the Marketplace Substation, which
are covered solely by Sections 8, 9, and 10 as to expansions and interconnections.
Neither are they presently applicable to any other Vernon facilities. If the
situation changes so that Vernon has legal authority over transmission facilities
so that Vernon is able to implement the provisions of Sections 8a, 9a, and 10a so
that those provisions become effective, to the extent consistent with Sections
9a.2. l and 9a.3.3 of this TO Tariff, the Participating TO shall, at the request of a
third party pursuant to Section 210, interconnect its system to the generation of
such third party, or modify an existing Interconnection. Interconnections under
this TO Tariff shall be available to entities eligible to request interconnection
consistent with the provisions of Section 210(a) of the FPA.
8a.1.1 Upgrade to Transmission System. Interconnection must be consistent
with Good Utility Practice, in conformance with all Applicable
Authorized by City of Vernon
Ordinance No. 940
Issued on: April 24, 2001 Resolution No. 7751 Effective: January 1, 2001
Sheet No. 9
Transmission Owner Tariff (cont.)
Reliability Criteria, all applicable statutes, and regulations. The
Participating TO will not upgrade its existing or planned transmission
system to accommodate the Interconnection if doing so would impair
system reliability, or would otherwise impair or degrade pre-existing
firm transmission service.
8a.1.2 Costs Associated with Interconnection. The cost of any Direct
Assignment Facilities constructed pursuant to this section shall be borne
by the party requesting the Interconnection. Any additional costs
associated with accommodating the Interconnection shall be allocated in
accordance with the cost responsibility methodology set forth in the ISO
Tariff for transmission expansions or upgrades. Any disputes regarding
such cost allocation shall be resolved in accordance with the ISO ADR
Procedures. If a Market Participant fails to raise through the ISO ADR
Procedures a dispute as to whether a proposed transmission addition or
upgrade is needed, or as to the identity, if any, of the beneficiary, then
the Market Participant shall be deemed to have waived its right to raise
such dispute at a later date. The determination under the ISO ADR
Procedures as to whether the transmission addition or upgrade is needed
and the identity, if any, of the beneficiaries, including any determination
by FERC or on appeal of a FERC determination in accordance with that
process, shall be final
8a.1.3 Execute Interconnection Agreement. Prior to the construction of any
Interconnection facilities pursuant to this TO Tariff, the party requesting
an Interconnection shall execute an appropriate Interconnection
Agreement that will be filed with FERC, or the Local Regulatory
Authority, in the case of a Local Publicly Owned Electric Utility, and
that will include, without limitation, cost, responsibilities for
engineering, equipment, and construction costs. All costs shall be paid in
advance by the requesting party.
8a.1.4 Coordination with ISO on Interconnection Requests. The
Participating TO shall coordinate with the ISO, pursuant to the
provisions of the TCA, in developing Interconnection standards and
guidelines for processing Interconnection requests under this TO Tariff.
8a.2 Participating TO Obligation to Construct Transmission Expansions or
Facility Upgrades. The Participating TO shall be obligated to: (1) perform
System Impact or Facility Studies where the Project Sponsor or the ISO agrees to
pay the study cost and specifies the project objectives to be achieved, and (2)
build transmission additions and facility upgrades where the Participating TO is
obligated to construct or expand facilities in accordance with and subject to the
limitations of the ISO Tariff and this TO Tariff.
8a.2.1 Obligation to Construct. A Participating TO shall not be obligated to
construct or expand Interconnection facilities or system upgrades unless
Authorized by City of Vernon
Ordinance No. 940
Issued on: April 24, 2001 Resolution No. 7751 Effective: January 1, 2001
Sheet No. 10
Transmission Owner Tariff (cont.)
and until the conditions stated in Section 9a.2.1 hereof have been
satisfied.
8a.2.2 Local Furnishing Participating TO Obligation to Construct. A Local
Furnishing Participating TO shall not be obligated to construct or expand
Interconnection facilities or system upgrades unless and until the
conditions stated in Section 9a.3.3 hereof have been satisfied.
8a.3 Request for FERC Deference Regarding Need Determination. It is intended
that FERC grant substantial deference to the factual determinations of the ISO,
(including the ISO's ADR Procedures), the Vernon City Council, WSCC, or
RTG coordinated planning processes as to the need for or construction of a
facility, the need for full cost recovery, and the allocation of costs.
9. Expansion Process for Vernon's Interests in COTP, MPP, MAP, and Marketplace
Substation. The Expansion process for Vernon's Interests in COTP, MPP, MAP, and
Marketplace Substation, which it has turned over to ISO operational control, is as stated
in Section 8 above. Section 9a and its subparts do not currently apply to those interests or
any other Vernon facilities.
9a. Expansion Process.
9a.1 Determination of Facilities. A Participating TO shall perform a Facilities Study
in accordance with this Section where (1) the Participating TO is obligated to
construct or expand facilities in accordance with the ISO Tariff and this TO
Tariff; (2) a Market Participant agrees to pay the costs of the Facilities Study and
specifies the project objectives to be achieved in terms of increased capacity or
reduced congestion; or (3) the Participating TO is required to perform a Facilities
Study pursuant to the ISO Tariff.
9a.1.1 Payment of Facilities Study's Cost.
9a.1.1.1 Market Participant to Pay for Facilities Study. Where a
Market Participant requests a Facilities Study and the need for
the transmission addition or upgrade has not yet been
established in accordance with the procedures established
herein and the ISO Tariff, the Market Participant shall pay the
cost of the Facilities Study.
9a.1.1.2 Project Sponsor or Project Proponent to Pay for Facilities
Study. Where the facilities to be added or upgraded have been
determined to be needed in accordance with the procedures
established herein and the ISO Tariff, the Project Sponsor,
Project Proponent, or the ISO requesting the study shall pay
the reasonable cost of the Facilities Study. When the
Participating TO is the Project Sponsor in accordance with the
ISO Tariff, the costs of the Facilities Study shall be recovered
through the Access Charges and transmission rates.
Authorized by City of Vernon
Ordinance No. 940
Issued on: April 24, 2001 Resolution No. 7751 Effective: January 1, 2001
Sheet No. 11
Transmission Owner Tariff (cont.)
9a.1.1.3 Principal Beneficiaries to Pay for Facilities Study. Where
the facilities to be added or upgraded have been determined to
be needed and the principal beneficiaries have been identified
by the ISO or ISO ADR Procedures in accordance with the
ISO Tariff, the Project Sponsor and the identified principal
beneficiaries shall pay the reasonable cost of the Facilities
Study, in such proportions as may be agreed, or, failing
agreement, as determined in accordance with the ISO ADR
Procedures.
9a.1.2 Payment Procedure. Where a Facilities Study is being conducted
pursuant to this TO Tariff, the Participating TO shall, as soon as
practicable, tender to the Market Participant, Project Sponsor, Project
Proponent, ISO, or identified principal beneficiaries, as the case may be,
a Facilities Study Agreement that defines the scope, content,
assumptions, and terms of reference for such study, the estimated time
required to complete it, and such other provisions as the parties may
reasonably require and pursuant to which such Market Participant,
Project Sponsor, Project Proponent, the ISO, or identified principal
beneficiaries agree to reimburse the Participating TO the reasonable cost
of performing the required Facilities Study. If the Market Participant,
Project Sponsor, Project Proponent, the ISO, or identified principal
beneficiaries, as the case may be, agree to the terms of the Facilities
Study Agreement, they shall execute the Facilities Study Agreement and
return it to the Participating TO within ten Business Days. If such
Market Participant, Project Sponsor, Project Proponent, the ISO, or
identified principal beneficiary elects not to execute a Facilities Study
Agreement, the Participating TO shall have no obligation to complete a
Facilities Study.
9a.1.3 Facilities Study Procedures. Upon receipt of an executed Facilities
Study Agreement, a copy of which has been provided to the ISO by the
party requesting the Facilities Study, the Participating TO will use due
diligence to complete the required Facilities Study in accordance with the
terms of the Facilities Study Agreement.
9a.2 Obligation to Build.
9a.2.1 Due Diligence to Construct. Subject to Section 9a.3.3 of this TO
Tariff, the Participating TO shall use due diligence to construct, within a
reasonable time, additions or upgrades to its transmission system that it is
obligated to construct pursuant to the ISO Tariff and this TO Tariff. The
Participating TO's obligation to build will be subject to: 1) its ability,
after making a good faith effort, to obtain the necessary approvals and
property rights under applicable federal, state, and local laws; 2) the
presence of a cost recovery mechanism with cost responsibility assigned
in accordance with the ISO Tariff; and 3) a signed Participation
Authorized by City of Vernon
Ordinance No. 940
Issued on: April 24, 2001 Resolution No. 7751 Effective: January 1, 2001
Sheet No. 12
Transmission Owner Tariff (cont.) .
Agreement. The Participating TO will not construct or expand its
existing or planned transmission system, if doing so would impair system
reliability as determined through systems analysis based on the
Applicable Reliability Criteria.
9a.2.2 Delay in Construction or Expansion. If any event occurs that will
materially affect the time for completion of new facilities, or the ability
to complete them, the Participating TO shall promptly notify: (1) the
Project Sponsor with regard to facilities determined to be needed; (2) the
Parties to the Participation Agreement with regard to facilities
determined to be needed pursuant to the ISO Tariff where principal
beneficiaries were identified; and (3) the ISO. In such circumstances, the
Participating TO shall, within thirty days of notifying such Project
Sponsor, Parties to the Participation Agreement, and the ISO of such
delays, convene a technical meeting with such Project Sponsor, Parties to
the Participation Agreement, and the ISO to discuss the circumstances
which have arisen and evaluate any options available. The Participating
TO also shall make available to such Project Sponsor, Parties to the
Participation Agreement, and the ISO, as the case may be, studies and
work papers related to the cause and extent of the delay and the
Participating TO's ability to complete the new facilities, including all
information that is in the possession of the Participating TO that is
reasonably needed to evaluate the alternatives.
9a.2.2.1 Alternatives to the Original Facility Additions. If the
review process of Section 9a.2.2 determines that one or more
alternatives exist to the originally planned construction project,
the Participating TO shall present such alternatives for
consideration to the Project Sponsor, Parties to the
Participation Agreement, and the ISO, as the case maybe. If
upon review of any alternatives, such Project Sponsor, the
ISO; or Parties to the Participation Agreement wish to evaluate
or to proceed with one of the alternative additions or upgrades,
such Project Sponsor, the ISO, or Parties to the Participation
Agreement may request that the Participating TO prepare a
revised Facility Study pursuant to Sections 9a.1.1, 9a.1.2, and
9a.1.3 of this TO Tariff. In the event the Participating TO
concludes that no reasonable alternative exists to the originally
planned addition or upgrade and the Project Sponsor or Parties
to the Participation Agreement or the ISO disagree, the dispute
shall be resolved pursuant to the ISO ADR Procedure
9a.2.2.2 Refund Obligation for Unfinished Facility Additions. If the
Participating TO and the Project Sponsor, the ISO, or Parties
to the Participation Agreement, as the case may be, mutually
agree that no other reasonable alternatives exist, the obligation
to construct the requested additions or upgrades shall terminate
and any deposit not yet applied toward the expended project
Authorized by City of Vernon
Ordinance No. 940
Issued on: April 24, 2001 Resolution No. 7751 Effective: January 1, 2001
Sheet No. 13
Transmission Owner Tariff (cont.)
costs shall be returned with interest pursuant to FERC
Regulation 35.19(a)(2)(iii). However, the Project Sponsor and
any identified principal beneficiaries, as the case may be, shall
be responsible for all costs prudently incurred by the
Participating TO through the time the construction was
suspended.
9a.3 Provisions Relating To Transmission Construction On the Systems Of Other
TOs.
9a.3.1 Responsibility for Third Party Additions. A Participating TO shall
not be responsible for making arrangements for any engineering,
permitting, and construction of any necessary facilities additions on the
system(s) of any other entity or for obtaining any regulatory approval for
such facilities. The Participating TO will undertake reasonable efforts
through the coordinated planning process to assist in making such
arrangements, including, without limitation, providing any information
or data required by such other electric system pursuant to Good Utility
Practice.
9a.3.2 Coordination of Third -Party System Additions. Where transmission
additions or upgrades being built pursuant to the ISO Tariff require
additions or upgrades on other systems, to the extent consistent with
Section 9a.3.3 of this TO Tariff, the Participating TO shall coordinate
construction on its own system with the construction required by others.
The Participating TO, after consultation with the ISO, the Project
Sponsor, and Parties to the Participation Agreement, as the case may be,
may defer construction if the new transmission facilities on another
system cannot be completed in a timely manner. The Participating TO
shall notify such Project Sponsor, Parties to the Participation Agreement,
and the ISO, in writing of the basis for any decision to defer construction
and the specific problems which must be resolved before it will initiate
or resume construction of the new facilities. Within forty Business Days
of receiving written notification by the Participating TO of its intent to
defer construction pursuant to this section, such Project Sponsor, Parties
to the Participation Agreement, or the ISO may challenge the decision in
accordance with the ISO ADR Procedure.
9a.3.3 Expansion by "Local Furnishing Participating TOs".
Notwithstanding any other provision of this TO Tariff, prior to
requesting that a Local Furnishing Participating TO construct or expand
facilities, the ISO or Project Sponsor shall tender (or cause to be
tendered) an application under Section 211 of the FPA requesting FERC
to issue an order directing the Local Furnishing Participating TO to
construct or expand facilities as necessary to provide transmission
service as determined pursuant to the ISO Tariff. Such Local Furnishing
Participating TO shall thereafter, within ten Business Days of receiving a
copy of the Section 211 application, waive its right to a request for
Authorized by City of Vernon
Ordinance No. 940
Issued on: April 24, 2001 Resolution No. 7751 Effective: January 1, 2001
Sheet No. 14
Transmission Owner Tariff (cont.)
service under Section 213(a) of the FPA and to the issuance of a
proposed order under Section 212(c) of the FPA. Upon receipt of a final
order from FERC under Section 211 of the FPA that is no longer subject
to rehearing or appeal, such Local Furnishing Participating TO shall
construct or expand facilities to comply with that FERC order and shall
transfer to the ISO Operational Control over the Local Furnishing
Participating TO's expanded transmission facilities in accordance with
the ISO Tariff.
10. Interconnection Process for Vernon's Interests in COTP, MPP, MAP, and
Marketplace Substation. The interconnection process for Vernon's Interests in COTP,
MPP, MAP, and Marketplace Substation, which it has turned over to ISO operational
control, is as stated in Section 8 above. Section 10a, and its subparts, do not currently
apply to those interests or any other Vernon facilities.
10a. Interconnection Process.
10a.1 Applicability. All requests for Interconnection directly to the ISO Controlled
Grid from parties eligible to request such Interconnection consistent with Section
210(a) of the FPA shall be processed pursuant to the provisions of this Section 10
which is subject to the applicable interconnection, integration, exchange,
operating, joint ownership and joint participation agreements, and the rights and
obligations of owners of jointly -owned facilities.
10a.2 Applications. Parties requesting Interconnections shall submit written
applications to the Participating TO and shall send a copy of the application to
the ISO. The Participating TO shall time -stamp the application to establish study
priority.
10a.3 Completed Application. A Completed Application shall provide all of the
information listed in 18 CFR § 2.20, including, but not limited to, the following:
(i) The identity, address, telephone number, and facsimile number of the
entity requesting service;
(ii) The Interconnection point(s) and the location of the transmission
addition contemplated by the applicant;
(iii) The resultant (or new) maximum amount of Interconnection capacity
requested at each point which may experience such an increase; and the
increased transmission capacity of the transmission addition requested;
(iv) The proposed date for initiating an Interconnection. In addition to the
information specified above, when required to properly evaluate system
conditions, the Participating TO also may ask the applicant to provide the
following:
Authorized by City of Vernon
Ordinance No. 940
Issued on: April 24, 2001 Resolution No. 7751 Effective: January 1, 2001
Sheet No. 15
Transmission Owner Tariff (cont.)
(v) The electrical location of the source of the power (if known) to be
transmitted pursuant to the applicant's request for Interconnection. If the
source of the power is not known, a system purchase will be assumed;
(vi) The electrical location of the ultimate load (if known). If the location of
the load is not known, a system sale will be assumed; and
(vii) Such other information as the Participating TO reasonably requires to
process the application.
The Participating TO will treat the information in (v) and (vi) as confidential at
the request of the applicant except to the extent that disclosure of this information
is required by this TO Tariff, by regulatory or judicial order, for reliability
purposes pursuant to Good Utility Practice, or pursuant to RTG or ISO
transmission information sharing agreements. The Participating TO shall treat
this information consistent with the standards of conduct contained in Part 37 of
FERC's regulations.
10a.4 Notice of Need for System Impact Study. After receiving a Completed
Application for Interconnection, the Participating TO shall determine on a
nondiscriminatory basis whether a System Impact Study is needed. If the
Participating TO determines that a System Impact Study is necessary to
accommodate the requested Interconnection, it shall so inform the applicant (and
shall send a courtesy copy to the ISO), as soon as practicable. In such cases, the
Participating TO shall within twenty Business Days of receipt of a Completed
Application, tender a System Impact Study Agreement that defines the scope,
content, assumptions and terms of reference for such study, the estimated time
required to complete it, and such other provisions as the parties may reasonably
require, and pursuant to which the applicant shall agree to reimburse the
Participating TO for the reasonable costs of performing the required System
Impact Study. For an Interconnection request to remain a Completed
Application, the applicant shall execute the System Impact Study Agreement and
return it to the Participating TO within ten Business Days. If the applicant elects
not to execute a System Impact Study Agreement, its application shall be deemed
withdrawn, and the applicant shall reimburse to the Participating TO and the ISO
all costs reasonably incurred in processing the application.
10a.5 System Impact Study Cost Reimbursement and Agreement.
10a.5.1 Cost Reimbursement. The System Impact Study Agreement shall
clearly specify the maximum charge, based on the Participating TO's
estimate of the cost and time for completion of the System Impact
Study. The charge shall not exceed the reasonable cost of the study.
In performing the System Impact Study, the Participating TO shall
rely, to the extent reasonably practicable, on existing transmission
planning studies. The applicant will not be assessed a charge for such
existing studies; however, the applicant will be responsible for the
reasonable charges associated with any modifications to existing
Authorized by City of Vernon
Ordinance No. 940
Issued on: April 24, 2001 Resolution No. 7751 Effective: January 1, 2001
Sheet No. 16
Transmission Owner Tariff (cont.)
planning studies that are reasonably necessary to evaluate the impact of
the applicant's request.
10a.5.2 Multiple Parties. If multiple parties request Interconnection at the
same location, the Participating TO may conduct a single System
Impact Study. The costs of that study shall be pro -rated among the
parties requesting Interconnection.
10a.6 System Impact Study Procedures. Upon receipt of an executed System Impact
Study Agreement, the Participating TO will use due diligence to complete the
required System Impact Study within a sixty day period. The System Impact
Study shall identify any system constraints which cannot be reasonably
accommodated through ISO Congestion Management, such that transmission
expansions or upgrades would be required to provide the requested
Interconnection. In the event that the Participating TO is unable to complete the
required System Impact Study within such time period, it shall so notify the
applicant and provide an estimated completion date along with an explanation of
the reasons why additional time is required to complete the required studies. A
copy of the completed System Impact Study and related work papers shall be
made available to the applicant and the ISO. The Participating TO will use the
same due diligence in completing the System Impact Study for others as it uses
when completing studies for its affiliated UDC. The Participating TO shall
notify the applicant and the ISO immediately upon completion of the System
Impact Study.
10a.6.1 Failure to Execute an Interconnection Agreement. If the
Participating TO finds that the transmission system will be adequate to
accommodate all of a request for Interconnection and that no costs are
likely to be incurred for new transmission additions or upgrades, the
applicant must execute an Interconnection Agreement within ten
Business Days of completion of the System Impact Study or the
application shall be deemed terminated and withdrawn.
10a.6.2 Facilities Study Procedures. If a System Impact Study indicates that
additions or upgrades to the transmission system are needed to meet an
applicant's request, the Participating TO shall, within fifteen Business
Days of the date of the System Impact Study, tender to the applicant a
Facilities Study Agreement that defines the scope, content,
assumptions and terms of reference for such study, the estimated time
required to complete it, and such other provisions as the parties may
reasonably require, and pursuant to which the applicant agrees to
reimburse the Participating TO for performing the required Facilities
Study. For a service request to remain a Completed Application, the
applicant shall execute the Facilities Study Agreement and return it to
the Participating TO within ten Business Days. If the applicant elects
not to execute a Facilities Study Agreement, its application shall be
deemed withdrawn and the applicant shall reimburse to the
Authorized by City of Vernon
Ordinance No. 940
Issued on: April 24, 2001 Resolution No. 7751 Effective: January 1, 2001
Sheet No. 17
Transmission Owner Tariff (cont.)
Participating TO all costs reasonably incurred in processing the
application not covered by the System Impact Study Agreement.
10a.7 Relevant Sections Apply Upon Receipt of Facilities Study Agreement. Upon
receipt of an executed Facilities Study Agreement by the Participating TO, the
relevant portions of Sections 9a.1.3 through 9a.3.3 of this TO Tariff shall apply.
10a.8 Partial Interim Service. If the Participating TO determines that there will not
be adequate transmission capability to satisfy the full amount of a Completed
Application for an increase in the maximum rate of delivery or receipt associated
with a new request for Interconnection, the Participating TO nonetheless shall be
obligated to offer and provide the portion of the requested Interconnection that
can be accommodated without any additions or upgrades. However, the
Participating TO shall not be obligated to provide the incremental amount of
requested Interconnection that requires the addition of facilities or upgrades to
the transmission system until such facilities or upgrades have been placed in
service.
10a.9 Expedited Procedures for New Facilities. In lieu of the procedures set forth
above, the applicant shall have the option to expedite the process by requesting
the Participating TO to tender at one time, together with the results of required
studies, an "Expedited Service Agreement" pursuant to which the applicant
would agree to compensate the Participating TO for all costs reasonably incurred
pursuant to the terms of this TO Tariff. In order to exercise this option, the
applicant shall request in writing an Expedited Service Agreement covering all of
the above -specified items within twenty Business Days of receiving the results of
the System Impact Study identifying needed facility additions or upgrades or
costs incurred in providing the requested Interconnection. The Participating TO
shall tender an Expedited Service Agreement within ten Business Days of the
applicant's request. While the Participating TO agrees to provide the applicant
with its best estimate of the new facility costs and other charges that may be
incurred, unless otherwise agreed by the parties, such estimate shall not be
binding and the applicant must agree in writing to compensate the Participating
TO for all costs reasonably incurred pursuant to the provisions of this TO Tariff.
The applicant shall execute and return such Expedited Service Agreement within
ten Business Days of its receipt or the applicant's request for Interconnection will
cease to be a Completed Application and will be deemed terminated and
withdrawn. In that event, the applicant shall reimburse to the Participating TO
all costs reasonably incurred in processing the application not covered by the
terms of the System Impact Study Agreement.
11. Uncontrollable Forces and Indemnification.
11.1 Procedures to Follow if Uncontrollable Force Occurs. In the event of the
occurrence of an Uncontrollable Force which prevents a Party from performing
any of its obligations under this TO Tariff, such Party shall (i) immediately notify
the other Parties in writing of the occurrence of such Uncontrollable Force, (ii)
not be entitled to suspend performance in any greater scope or longer duration
Authorized by City of Vernon
Ordinance No. 940
Issued on: April 24, 2001 Resolution No. 7751 Effective: January 1, 2001
Sheet No. 18
Transmission Owner Tariff (cont.)
than is required by the Uncontrollable Force, (iii) use its best efforts to mitigate
the effects of such Uncontrollable Force, remedy its inability to perform, and
resume full performance hereunder, (iv) keep the other Parties apprised of such
efforts on a continual basis and (v) provide written notice of the resumption of
performance hereunder. Notwithstanding any of the foregoing, the settlement of
any strike, lockout, or labor dispute constituting an Uncontrollable Force shall be
within the sole discretion of the Party to this TO Tariff involved in such strike,
lockout, or labor dispute and the requirement that a Party must use its best efforts
to remedy the cause of the Uncontrollable Force and mitigate its effects and
resume full performance hereunder shall not apply to strikes, lockouts, or labor
disputes. No Party will be considered in default as to any obligation under this
TO Tariff if prevented from fulfilling the obligation due to the occurrence of an
Uncontrollable Force.
11.2 Indemnification. A Market Participant shall at all times indemnify, defend, and
save the Participating TO harmless from any and all damages, losses, claims,
(including claims and actions relating to injury or to death of any person or
damage to property), demands, suits, recoveries, costs and expenses, court costs,
attorney fees, and all other obligations by or to third parties, arising out of or
resulting from the Participating TO's performance of its obligations under this
TO Tariff on behalf of a Market Participant, except in cases of negligence or
intentional wrongdoing by the Participating TO.
12. Regulatory Filings. Nothing contained herein shall be construed as affecting, in any
way, the right of Vernon to unilaterally make application to FERC as it deems necessary
and appropriate to recover its Transmission Revenue Requirements, or for a change in its
terms and conditions, including changes in rate methodology, or for a change in
designation of transmission Entitlements to be placed under the ISO's control, pursuant to
the applicable FERC rules, regulations, policies, and governing statutes.
13. Miscellaneous.
13.1 Notices. Any notices, demand, or request in accordance with this TO Tariff,
unless otherwise provided in this TO Tariff, shall be in writing and shall be
deemed properly served, given, or made: (i) upon delivery if delivered in person,
(ii) five days after deposit in the mail if sent by first class United States mail,
postage prepaid, (iii) upon receipt of confirmation by return electronic facsimile
if sent by facsimile, or (iv) upon delivery if delivered by prepaid commercial
courier service, in each case addressed to a Party at the address set forth in
Appendix II. Any Party may at any time, by notice to the other Parties, change
the designation or address of the person specified in Appendix II to receive
notice on its behalf. Any notice of a routine character in connection with service
under this TO Tariff shall be given in such a manner as the Parties may
determine from time to time, unless otherwise provided in this TO Tariff.
13.2 Waiver. Any waiver at any time by any Party of its rights with respect to any
default under this TO Tariff, or with respect to any other matter arising in
connection with this TO Tariff, shall not constitute or be deemed a waiver with
Authorized by City of Vernon
Ordinance No. 940
Issued on: April 24, 2001 Resolution No. 7751 Effective: January 1, 2001
Sheet No. 19
Transmission Owner Tariff (cont.)
respect to any subsequent default or other matter arising in connection with this
TO Tariff. Any delay short of the statutory period of limitations in asserting or
enforcing any right shall not constitute or be deemed a waiver.
13.3 Confidentiality.
13.3.1 Maintaining Confidentiality if Not for Public Disclosure. The
Participating TO shall maintain the confidentiality of all of the
documents, data, and information provided to it by any other Party that
such Party may designate as confidential, provided, however, that the
information will not be held confidential by the receiving Party if (1) the
designating Party is required to provide such information for public
disclosure pursuant to this TO Tariff or applicable regulatory
requirements, or (2) the information becomes available to the Public on a
non -confidential basis (other than from the receiving Party).
13.3.2 Disclosure of Confidential Information. Notwithstanding anything in
this Section 11.3.2 to the contrary, if any Party is required by applicable
laws or regulations, or in the course of administrative or judicial
proceedings, to disclose information that is otherwise required to be
maintained in confidence pursuant to this Section 11.3.2, the Party may
disclose such information; provided, however, that as soon as such Party
learns of the disclosure requirement and prior to making such disclosure,
such Party shall notify the affected Party or Parties of the requirement
and the terms thereof. The affected Party or Parties may, at their sole
discretion and own costs, direct any challenge to or defense against the
disclosure requirement and the disclosing Party shall cooperate with such
affected Party or Parties to the maximum extent practicable to minimize
the disclosure of the information consistent with applicable law. The
disclosing Party shall cooperate with the affected Parties to obtain
proprietary or confidential treatment of confidential information by the
person to whom such information is disclosed prior to any such
disclosure.
13.4 Titles. The captions and headings in this TO Tariff are inserted solely to
facilitate reference and shall have no bearing upon the interpretation of any of the
rates, terms, and conditions of this TO Tariff.
13.5 Severability. If any term, convenant, or condition of this TO Tariff or the
application or effect of any such term, convenant, or condition is held invalid as
to any person, entity, or circumstance, or is determined to be unjust,
unreasonable, unlawful, imprudent, or otherwise not in the public interest, by any
court or government agency of competent jurisdiction, then such term,
convenant, or condition shall remain in force and effect to the maximum extent
permitted by law, and all other terms, convenants, and conditions of this TO
Tariff and their application shall not be affected thereby but shall remain in force
and effect. The Parties shall be relieved of their obligations only to the extent
necessary to eliminate such regulatory or other determination, unless a court or
Authorized by City of Vernon
Ordinance No. 940
Issued on: April 24, 2001 Resolution No. 7751 Effective: January 1, 2001
Sheet No. 20
Transmission Owner Tariff (cont.)
governmental agency of competent jurisdiction holds that such provisions are not
severable from all other provisions of this TO Tariff.
13.6 Preservation of Obligations. Upon termination of this TO Tariff, all unsatisfied
obligations of each Party shall be preserved until satisfied.
13.7 Governing Law. This TO Tariff shall be interpreted, governed by, and
construed under the laws of the State of California, without regard to the
principles of conflict of laws thereof, or the laws of the United States, as
applicable, as if executed and to be performed wholly within the State of
California.
13.8 Appendices Incorporated. The appendices to this TO Tariff are attached to this
TO Tariff and are incorporated by reference as if fully set forth herein.
13.9 Consistency with ISO Tariff. This TO Tariff is intended to be consistent with
the ISO Tariff, and, if necessary, shall be amended to conform with any changes
authorized or required in any final order in FERC Docket No. ER00-2019.
13.10 Disputes. Except as limited by law, the ISO ADR Procedures shall apply to all
disputes between parties which arise under this TO Tariff or under or in respect
of the proposed terms and conditions of a Facilities Study Agreement, System
Impact Study Agreement or Expedited Service Agreement. The ISO ADR
Procedures set forth in Section 13 of the ISO Tariff shall not apply to disputes as
to whether rates and charges set forth in this TO Tariff (other than charges for
studies) are just and reasonable under the FPA.
Authorized by City of Vernon
Ordinance No. 940
Issued on: April 24, 2001 Resolution No. 7751 Effective: January 1, 2001
Sheet No. 21
Transmission Owner Tariff (cont.)
APPENDIX I
Transmission Revenue Requirement and TRBAA
The Vernon Base Transmission Revenue Requirement is $10,216,178.
The TRBAA is a negative $364,048 for calendar year 2001 and has been computed in accordance
with ISO Tariff as shown in the Attached Exhibit A.
All of Vernon's transmission facilities and Entitlements placed under the ISO's Operational
Control are High Voltage Facilities as defined by the ISO Tariff.
The TRBAA will be recalculated annually consistent with the ISO Tariff, approved by the
Vernon City Council, and provided to the ISO.
Authorized by City of Vernon
Ordinance No. 940
Issued on: April 24, 2001 Resolution No. 7751 Effective: January 1, 2001
Sheet No. 22
Transmission Owner Tariff (cont.)
APPENDIX H
NOTICES
Designated Representative:
Mr. Bruce V. Malkenhorst
City Administrator/City Clerk
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Tel. No. (323) 583-8811
Fax No. (323) 58I-7924
Authorized by City of Vernon
Ordinance No. 940
Issued on: April 24, 2001 Resolution No. 7751 Effective: January 1, 2001
Sheet No. 23
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SUPPORTING
DOCUMENTS
CITY COUNCIL EDUARDO OLIVO
City Attorney
LEONIS C. MALBURG �' FAX: (562) 927-8722
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
WM. `BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST CITY HALL
City Administrator / City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
FAX (323) 581-7924 TELEPHONE (323) 583-8811
April 12, 2001
City Council
City of Vernon
Honorable Members:
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
STEVEN E. PARKER
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
The City recently filed with FERC our Transmission Owner Tariff (TO
Tariff) that addressed terms and conditions of services on Vernon's
high voltage transmission facilities. We have been advised that the
filing was unacceptable to FERC and they required us to amend it
addressing their concerns.
This has been reviewed by the Utilities Department and it is hereby
recommended that the revised TO Tariff be accepted and submitted to
FERC.
Very truly yours,
X.rc�Malkenho st
City Administrator/City Clerk
BVM/ng
April 12,2001
TO: Bruce V. Malkenhorst, City Administrator
FROM: Kenneth J. DeDario, Director of Utilities��
SUBJECT: Revised TO Tariff
On November 7, 2000 Council approved the Transmission 0-- Tariff (TO Tariff) which
establishes the terms and conditions of service on Vera- 'tage transmission facilities.
The TO Tariff was filed in compliance with Fed— ry Commission (FERC)
Docket No. EL-00-105-000. FERC did ,,ordered the City to revise
its TO Tariff to incorporate languq-
I recommend approvP1 ompliance with FERC
Docket No. ETP V �p
If you have a. it consideration.
KJD:dm
Attachment