Resolution No. 8873
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RESOLUTION NO. 8873
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN INTERCONNECTION SYSTEM IMPACT STUDY AGREEMENT BY
AND BETWEEN THE CITY OF VERNON AND SOUTHERN
CALIFORNIA EDISON COMPANY REGARDING THE VERNON
POWER PLANT PROJECT
7 WHEREAS, the City of Vernon is in the process of developing
8 a 800 MW Combined Cycle Power Plant officially named the Vernon Power
9 Plant (the "Vernon Power Plant Project") for the purpose of installing
10 additional generating capacity that will yield an efficient, cost-
11 effective, and reliable source of electric generation to the City of
12 Vernon; and
13 WHEREAS, the City of Vernon desires the Vernon Power Plant
14 Project to be considered under the "fast-track" permitting process of
15 the California Energy Commission ("CEC"); and
16 WHEREAS, upon approval of the Application for Certification
17 ("AFC") by the CEC, the City shall receive a Certification from the
18 CEC for the License to Construct, granting authority to build the
19 Vernon Power Plant Project; and
20 WHEREAS, both the City of Vernon and Southern California
21 Edison Company ("SCE") are Participating Transmission Owners ("PTO")
22 with the California Independent System Operator ("ISO"); and
23 WHEREAS, the City's Light & Power Department has determined
24 that a study needs to be performed to assess the impact of
25 interconnecting the Vernon Power Plant Project to the ISO Controlled
26 Grid; and
27 WHEREAS, the City's Light & Power Department desires to
28 engage the services of SCE to perform the necessary impact study in
1 accordance with the terms and conditions of an Interconnection System
2 Impact Study Agreement (the "Agreement"); and
3 WHEREAS, in order to perform the study, SCE is requiring the
4 City to pay costs in advance in an estimated amount of $50,000.00; and
5 WHEREAS, the City Council of the City of Vernon has
6 determined that, pursuant to the provisions of subsection (a) of
7 Section 2.27 of the Vernon City Code, it is in the public interest and
8 necessity to enter into an agreement with SCE.
9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
10 CITY OF VERNON AS FOLLOWS:
11 SECTION 1: The City Council of the City of Vernon hereby
12 finds and determines that the recitals contained hereinabove are true
13 and correct.
14 SECTION 2: The City Council of the City of Vernon hereby
15 approves the Interconnection System Impact Study Agreement with
16 Southern California Edison Company, in substantially the same form as
17 the copy which is attached hereto as Exhibit A and incorporated by
18 reference, and approves the payment of costs in advance in the sum of
19 $50,000.00.
20 SECTION 3: The City Council of the City of Vernon hereby
21 authorizes the Acting City Clerk to execute said Agreement for, and on
22 behalf of, the City of Vernon.
23 SECTION 4: The City Council of the City of Vernon hereby
24 authorizes the Acting City Clerk, or his designee, to make whatever
25 nonsubstantive, administrative and/or text changes, upon advice of
26 counsel, to the Agreement.
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SECTION 5:
The City Council of the City of Vernon hereby
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directs the Acting City Clerk, or his designee, to send one fully
executed Agreement together with the deposit of $50,000.00 to:
Southern California Edison Company
2244 Walnut Grove Avenue
Rosemead, CA 91770
SECTION 6:
The Acting City Clerk of the City of Vernon
8 shall certify to the passage of this resolution, and thereupon and
9 thereafter the same shall be in full force and effect.
10 APPROVED AND ADOPTED this 12th day of October, 2005.
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17 BRUCE V. MALKENHORST,
Acting City Clerk
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~ . LEONIS C. . LBURG, Mayor
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1 STATE OF CALIFORNIA
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4 I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
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COUNTY OF LOS ANGELES
5 Vernon, do hereby certify that the foregoing Resolution, being
6 Resolution No. 8873, was duly adopted by the City Council of the City
7 of Vernon at an adjourned regular meeting of the City Council duly held
8 on Wednesday, October 12, 2005, and thereafter was duly signed by the
9 Mayor of the City of Vernon.
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. MALKENHORST, JR.
City Clerk
(SEAL)
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EXHIBIT
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INTERCONNECTION SYSTEM IMPACT STUDY AGREEMENT
THIS AGREEMENT is made and entered into this_day of , 20_by and
between , a organized and existing under the laws of the
State of _' ("Interconnection Customer,") and [insert name of the
Participating TO or "the California Independent System Operator Corporation"] a
existing under the laws of the State of California, (""Participating TO" or "ISO").
The Interconnection Customer and the ["Participating
TO" or "ISO"] each may be referred to as a "Party," or collectively as the "Parties."
RECITALS
WHEREAS, the Interconnection Customer is proposing to develop a Large
Generating Facility or generating capacity addition to an existing Generating Facility
consistent with the Interconnection Request submitted by the Interconnection Customer
dated ; and
WHEREAS, the Interconnection Customer desires to interconnect the Large
Generating Facility with the ISO Controlled Grid; and
WHEREAS, the ["Participating TO" or "ISO"] has
completed an Interconnection Feasibility Study (the "Feasibility Study") and provided
the results of said study to the Interconnection Customer1; and
WHEREAS, the Interconnection Customer has requested
the ["Participating TO" or "ISO"] to perform an Interconnection
System Impact Study to assess the impact of interconnecting the Large Generating
Facility;
. NOW, THEREFORE, in consideration of and subject to the mutual covenants
contained herein the Parties agree as follows:
1.0 When used in this Agreement, with initial capitalization, the terms
specified shall have the meanings indicated in the ISO's FERC-approved
Standard Large Generation Interconnection Procedures ("LGIP") or the
Master Definitions Supplement, Appendix A to the ISO Tariff, as
applicable.
1 This recital to be omitted if the Interconnection Customer has elected to forego the
Interconnection Feasibility Study.
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2.0 The Interconnection Customer elects and the
["Participating TO" or "ISO'l shall cause to be performed an
Interconnection System Impact Study consistent with Section 7 of the
LGIP in accordance with the ISO Tariff.
3.0 The scope of the Interconnection System Impact Study shall be subject to
the assumptions set forth in Attachment A to this Agreement.
4.0 The Interconnection System Impact Study will be based upon the results
of the Interconnection Feasibility Study and the technical informatibn
provided by the Interconnection Customer in the Interconnection Request,
subject to any modifications in accordance with Section 4.4 of the LGIP.
The ["Participating TO" or "ISO'l reserves the
right to request additional technical information from the Interconnection
Customer as may reasonably become necessary consistent with Good
Utility Practice during the course of the Interconnection System Impact
Study. If the Interconnection Customer modifies its designated Point of
Interconnection, Interconnection Request, or the technical information
provided therein is modified, the time to complete the Interconnection
System Impact Study may be extended.
5.0 The Interconnection System Impact Study report shall provide the
following information:
identification of any circuit breaker short circuit capability limits
exceeded on the Participating TO's electric system as a result of
the interconnection;
identification of any thermal overload or voltage limit violations on
the Participating TO's electric system resulting from the
interconnection;
identification of any instability or inadequately damped response to
system disturbances on the Participating TO's electric system
resulting from the interconnection;
an informational assessment, as needed, of other Participating
TOs' portions of the ISO Controlled Grid, which may include: -
change in short circuit duty at the boundary buses to other
Participating TOs.
Thermal overloads and voltage limit violations of a limited
set of contingencies as provided by the ISO or the other
Participating TO.
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a description and non-binding, good faith estimated cost of
facilities on the Participating TO's electric system required to
interconnect the Large Generating Facility to the
Participating TO's portion ofthe ISO Controlled Grid and to
address the identified short circuit, instability, and power flow
issues on the Participating TO's portion of the ISO
Controlled Grid;
if the Participating TO is an interconnecting Participating TO for the
Large Generating Facility, a Deliverability Assessment on the ISO
Controlled Grid pursuant to Section 3.3 of the LGIP.
6.0 The Interconnection Customer shall provide a deposit of $50,000 for the
performance of the Interconnection System Impact Study. The
["Participating TO" or "ISO'Ts good faith estimate for
the time of completion of the Interconnection System Impact Study is.
Following the issuance of the Interconnection System Impact Study, the
["Participating TO" or "ISO"] shall charge and the
Interconnection Customer shall pay the actual costs of the Interconnection
System Impact Study, inclusive of any re-studies and amendments to the
Interconnection System Impact Study, pursuant to Section 9 of this
Agreement.
Any difference between the deposit made toward the Interconnection
System Impact Study, amendments and re-studies to the Interconnecton
System Impact Study, and the actual cost of the study shall be paid by or
refunded to the Interconnection Customer, as appropriate in accordance
with Section 13.3 ofthe LGIP.
7.0 Pursuant to Section 3.7 of the LGIP, the ISO will coordinate the conduct
of any studies required to determine the impact of the Interconnection
Request on Affected Systems. The ["Participating
TO" or "ISO"] may provide a copy of the Interconnection System Impact
Study results to an Affected System Operator and the Western Electricity
Coordinating Council. Requests for review and input from Affected
System Operators or the Western Electricity Coordinating Council may
arrive at any time prior to interconnection, and a revision of the
Interconnection System Impact Study or re-study may be required in such
event.
8.0 Substantial portions of technical data and assumptions used to perform
the Interconnection System Impact Study, such as system conditions,
existing and planned generation, and unit modeling, may change after the
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["Participating TO" or "ISO"] provides the
Interconnection System Impact Study results to the Interconnection
Customer. Study results will reflect available data at the time the
["Participating TO" or "ISO"] provides the
Interconnection System Impact Study to the Interconnection Customer.
The ["Participating TO" or "ISO'l shall not be
responsible for any additional costs, including, without limitation, costs of
new or additional facilities, system upgrades, or schedule changes, that
may be incurred by the Interconnection Customer as a result of changes
in such data and assumptions.
9.0 In the event that a re-study or amendment of the Interconnection System
Impact Study is required, the ["Participating TO" or
"ISO"] shall provide notification of the need for such re-study or
amendment, and the Interconnection Customer shall provide direction as
to whether to proceed with the re-study or amendment and any
associated deposit payment pursuant to Section 7.6 or Section 12.2.4 of
the LGIP, as applicable.
10.0 The Participating TO shall maintain records and accounts of all costs
incurred in performing the Interconnection System Impact Study, inclusive
of any re-studies or amendments thereto, in sufficient detail to allow
verification of all costs incurred, including associated overheads. The
Interconnection Customer shall have the right, upon reasonable notice,
within a reasonable time at the Participating TO's offices and at its own
expense, to audit the Participating TO's records as necessary and as
appropriate in order to verify costs incurred by the Participating TO. Any
audit requested by the Interconnection Customer shall be completed, and
written notice of any audit dispute provided to the Participating TO
representative, within one hundred eighty (180) Calendar Days following
receipt by the Interconnection Customer of the Participating TO's
notification of the final costs of the Interconnection System Impact Study,
inclusive of any re-study or amendment thereto.
11.0 In accordance with Section 3.8 of the LGIP, the Interconnection Customer
may withdraw its Interconnection Request at any time by written notice to
the ISO. Upon receipt of such notice, this Agreement shall terminate.
12.0 Pursuant to Section 7.2 of the LGIP, this Agreement shall become
effective upon the date the fully executed Agreement and deposit
specified in Section 6 of this Agreement are received by the.
["Participating TO" or "ISO'1- If the
["Participating TO" or "ISO"] does not receive the
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fully executed Agreement and payment pursuant to Section 7.2 of the
LGIP, then the Interconnection Request will be deemed withdrawn upon
the Interconnection Customer's receipt of written notice by the ISO
pursuant to Section 3.8 of the LGIP.
13.0 Miscellaneous.
13.1 Dispute Resolution. Any dispute, or assertion of a claim, arising out of or
in connection with this Interconnection System Impact Study Agreement,
shall be resolved in accordance with Section 13.5 ofthe LGIP.
13.2 Confidentiality. Confidential Information shall be treated in accordance
with Section 13.1 of the LGIP.
13.3 Binding Effect. This Interconnection System Impact Study Agreement
and the rights and obligations hereof, shall be binding upon and shall
inure to the benefit of the successors and assigns of the Parties hereto.
13.4 Conflicts. In the event of a conflict between the body of this
Interconnection System Impact Study Agreement and any attachment,
appendices or exhibits hereto, the terms and provisions of the body of this
Interconnection System Impact Study Agreement shall prevail and be
deemed the final intent of the Parties.
13.5 Rules of Interpretation. This Interconnection System Impact Study
Agreement, unless a clear contrary intention appears, shall be construed
and interpreted as follows: (1) the singular number includes the plural
number and vice versa; (2) reference to any person includes such
person's successors and assigns but, in the case of a Party, only if such
successors and assigns are permitted by this Interconnection System
Impact Study Agreement, and reference to a person in a particular
capacity excludes such person in any other capacity or individually; (3)
reference to any agreement (including this Interconnection System Impact
Study Agreement), document, instrument or tariff means such agreement,
document, instrument, or tariff as amended or modified and in effect from
time to time in accordance with the terms thereof and, if applicable, the
terms hereof; (4) reference to any applicable laws and regulations means
such applicable laws and regulations as amended, modified, codified, or
reenacted, in whole or in part, and in effect from time to time, including, if
applicable, rules and regulations promulgated thereunder; (5) unless
expressly stated otherwise, reference to any Article, Section or Appendix
means such Article or Section of this Interconnection System Impact
Study Agreement or such Appendix to this Interconnection System Impact
Study Agreement, or such Section to the LGIP or such Appendix to the
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LGIP, as the case may be; (6) "hereunder", "hereof', "herein", "hereto" and
words of similar import shall be deemed references to this Interconnection
System Impact Study Agreement as a whole and not to any particular
Article, Section, or other provision hereof or thereof; (7) "including" (and
with correlative meaning "include") means including without limiting the
generality of any description preceding such term; and (B) relative to the
determination of any period of time, "from" means "from and including",
"to" means "to but excluding" and "through" means "through and
including" .
13.6 Entire Agreement. This Interconnection System Impact Study Agreement,
including all Appendices and Schedules attached hereto, constitutes the
entire agreement between the Parties with reference to the subject matter
hereof, and supersedes all prior and contemporaneous understandings or
agreements, oral or written, between the Parties with respect to the
subject matter of this Interconnection System Impact Study Agreement.
There are no other agreements, representations, warranties, or covenants
which constitute any part of the consideration for, or any condition to, any
Party's compliance with its obligations under this Interconnection Sys~em
Impact Study Agreement.
13.7 No Third Party Beneficiaries. This Interconnection System Impact Study
Agreement is not intended to and does not create rights, remedies, or
benefits of any character whatsoever in favor of any persons,
corporations, associations, or entities other than the Parties, and the
obligations herein assumed are solely for the use and benefit of the
Parties, their successors in interest and, where permitted, their assigns.
13.8 Waiver. The failure of a Party to this Interconnection System Impact
Study Agreement to insist, on any occasion, upon strict performance of
any provision of this Interconnection System Impact Study Agreement will
not be considered a waiver of any obligation, right, or duty of, or imposed
upon, such Party.
Any waiver at any time by either Party of its rights with respect to this
Interconnection System Impact Study Agreement shall not be deemed a
continuing waiver or a waiver with respect to any other failure to comply
with any other obligation, right, duty of this Interconnection System Impact
Study Agreement. Termination or default of this Interconnection System
Impact Study Agreement for any reason by the Interconnection Customer
shall not constitute a waiver of the Interconnection Customer's legal rights
to obtain an interconnection from the Participating TO. Any waiver of this
Interconnection System Impact Study Agreement shall, if requested, be
provided in writing.
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Any waivers at any time by any Party of its rights with respect to any
default under this Interconnection System Impact Study Agreement, or
with respect to any other matter arising in connection with this
Interconnection System Impact Study Agreement, shall not constitute or
be deemed a waiver with respect to any subsequent default or other
matter arising in connection with this Interconnection System Impact
Study Agreement. Any delay, short of the statutory period of limitations, in
asserting or enforcing any right under this Interconnection System Impact
Study Agreement shall not constitute or be deemed a waiver of such right.
13.9 Headings. The descriptive headings of the various Articles and Sections
of this Interconnection System Impact Study Agreement have been
inserted for convenience of reference only and are of no significance in
the interpretation or construction of this Interconnection System Impact
Study Agreement.
13.10 Multiple Counterparts. This Interconnection System Impact Study
Agreement may be executed in two or more counterparts, each of which
is deemed an original but all constitute one and the same instrument.
13.11 Amendment. The Parties may by mutual agreement amend this
Interconnection System Impact Study Agreement by a written instrument
duly executed by both of the Parties.
13.12 Modification by the Parties. The Parties may by mutual agreement amend
the Appendices to this Interconnection System Impact Study Agreement
by a written instrument duly executed by both of the Parties. Such
amendment shall become effective and a part of this Interconnection
System Impact Study Agreement upon satisfaction of all applicable laws
and regulations.
13.13 Reservation of Rights. The ["Participating TO" or "ISO"]
shall each have the right to make a unilateral filing with FERC to modify
this Interconnection System Impact Study Agreement with respect to any
rates, terms and conditions, charges, classifications of service, rule or
regulation under section 205 or any other applicable provision of the
Federal Power Act and FERC's rules and regulations thereunder, and
Interconnection Customer shall have the right to make a unilateral filing
with FERC to modify this Interconnection System Impact Study
Agreement pursuant to section 206 or any other applicable provision of
the Federal Power Act and FERC's rules and regulations thereunder;
provided that each Party shall have the right to protest any such filing by
another Party and to participate fully in any proceeding before FERC in
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which such modifications may be considered. Nothing in this
Interconnection System Impact Study Agreement shall limit the rights of
the Parties or of FERC under sections 205 or 206 of the Federal Power
Act and FERC's rules and regulations thereunder, except to the extent
that the Parties otherwise mutually agree as provided herein.
13.14 No Partnership. This Interconnection System Impact Study Agreement
shall not be interpreted or construed to create an association, joint
venture, agency relationship, or partnership between the Parties or to
impose any partnership obligation or partnership liability upon any Party.
No Party shall have any right, power or authority to enter into any
agreement or undertaking for, or act on behalf of, or to act as or be an
agent or representative of, or to otherwise bind, another Party.
13.15 Assignment. This Interconnection System Impact Study Agreement may
be assigned by a Party only with the written consent of the other Party;
provided that a Party may assign this Interconnection System Impact
Study Agreement without the consent of the other Party to any Affiliate of
the assigning Party with an equal or greater credit rating and with the legal
authority and operational ability to satisfy the obligations of the assigning
Party under this Interconnection System Impact Study Agreement; and
provided further that the Interconnection Customer shall have the right to
assign this Interconnection System Impact Study Agreement, without the
consent of the other Party, for collateral security purposes to aid in
providing financing for the Large Generating Unit, provided that the
Interconnection Customer will require any secured party, trustee or
mortgagee to notify the other Party of any such assignment. Any
financing arrangement entered into by the Interconnection Customer
pursuant to this Article will provide that prior to or upon the exercise of the
secured party's, trustee's or mortgagee's assignment rights pursuant to
said arrangement, the secured creditor, the trustee or mortgagee will
notify the other Party of the date and particulars of any such exercise of
assignment right{s). Any attempted assignment that violates this Article is
void and ineffective. Any assignment underthis Interconnection System
Impact Study Agreement shall not relieve a Party of its obligations, nor
shall a Party's obligations be enlarged, in whole or in part, by reason
thereof. Where required, consent to assignment will not be unreasonably
withheld, conditioned or delayed. .
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IN WITNESS THEREOF, the Parties have caused this Agreement to be duly
executed by their duly authorized officers or agents on the day and year first above
written.
[Insert name of the Participating TO or "California Independent System Operator
Corporation"]
By:
Title:
Date:
[Insert name of the Interconnection Customer]
By:
Title:
Date:
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Attachment A
Interconnection System Impact
Study Agreement
ASSUMPTIONS USED IN CONDUCTING THE
INTERCONNECTION SYSTEM IMPACT STUDY
The Interconnection System Impact Study will be based upon the results of the
Interconnection Feasibility Study, subject to any modifications in accordance with
Section 4.4 of the LGIP, and the following assumptions:
Designation of Point of Interconnection and configuration to be studied.
Designation of alternative Point{s) of Interconnection and configuration.
[Above assumptions to be completed by the Interconnection Customer and other
assumptions to be provided by the Interconnection Customer and the ["Participating
TO" or "ISO"]
SUPPORTING
DOCUMENTS
CITY OF VERNON -
SOUTHERN CALIFORNIA EDISON COMPANY
INTERCONNECTION SYSTEM IMPACT STUDY AGREEMENT
(Vernon Power Project)
THIS AGREEMENT is made and entered into this J:~~ay of 6)~ , 2005
by and between the City of Vernon, a municipal corporation organized and existing
under the laws of the State of California, ("Interconnection Customer") and Southern
California Edison Company, a corporation existing under the laws of the State of
California, ("Participating TO"). The Interconnection Customer and the Participating TO
each may be referred to as a "Party," or collectively as the "Parties."
RECITALS
WHEREAS, the Interconnection Customer is proposing to develop a Large
Generating Facility or generating capacity addition to an existing Generating Facility
consistent with the Interconnection Request submitted by the Interconnection Customer
dated September 8, 2005 and revised on September 19, 2005; and
WHEREAS, the Interconnection Customer desires to interconnect the Large
Generating Facility with the ISO Controlled Grid; and
WHEREAS, the Interconnection Customer has requested the Participating TO to
perform an Interconnection System Impact Study to assess the impact of
interconnecting the Large Generating Facility;
NOW, THEREFORE, in consideration of and subject to the mutual covenants
contained herein the Parties agree as follows:
1.0 When used in this Agreement, with initial capitalization, the terms
specified shall have the meanings indicated in the ISO's FERC-approved
Standard Large Generation Interconnection Procedures ("LGIP") or the
Master Definitions Supplement, Appendix A to the ISO Tariff, as
applicable.
2.0 The Interconnection Customer elects and the Participating TO shall cause
to be performed an Interconnection System Impact Study consistent with
Section 7 of the lGIP in accordance with the ISO Tariff.
3.0 The scope of the Interconnection System Impact Study shall be subject to
the assumptions set forth in Attachment A to this Agreement.
4.0 The Interconnection System Impact Study will be based upon the
technical information provided by the Interconnection Customer in the
Interconnection Request, subject to any modifications in accordance with
Section 4.4 of the LGIP. The Participating TO reserves the right to
request additional technical information from the Interconnection
Customer as may reasonably become necessary consistent with Good
Utility Practice during the course of the Interconnection System Impact
Study. If the Interconnection Customer modifies its designated Point of
Interconnection, Interconnection Request, or the technical information
provided therein is modified, the time to complete the Interconnection
System Impact Study may be extended.
5.0 The Interconnection System Impact Study report shall provide the
following information:
identification of any circuit breaker short circuit capability limits
exceeded on the Participating TO's electric system as a result of
the interconnection;
identification of any thermal overload or voltage limit violations on
the Participating TO's electric system resulting from the
interconnection;
identification of any instability or inadequately damped response to
system disturbances on the Participating TO's electric system
resulting from the interconnection;
a description and non-binding, good faith estimated cost of facilities
on the Participating TO's electric system required to interconnect
the Large Generating Facility to the Participating TO's portion of
the ISO Controlled Grid and to address the identified short circuit,
instability, and power flow issues on the Participating TO's portion
of the ISO Controlled Grid; and
if the Participating TO is an interconnecting Participating TO for the
Large Generating Facility, a Deliverability Assessment on the ISO
Controlled Grid pursuant to Section 3.3 of the lGIP.
6.0 The Interconnection Customer shall provide a deposit of $50,000 for the
performance of the Interconnection System Impact Study. The
Participating TO's good faith estimate for the time of completion of the
Interconnection System Impact Study is one hundred twenty (120)
Calendar Days after the receipt of the executed Agreement, $50,000
study payment and technical data in accordance with Attachment A to
Appendix 1 of the LGIP.
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Following the issuance of the Interconnection System Impact Study, the
Participating TO shall charge and the Interconnection Customer shall pay
the actual costs of the Interconnection System Impact Study, inclusive of
any re-studies and amendments to the Interconnection System Impact
Study, pursuant to Section 9 of this Agreement.
Any difference between the deposit made toward the Interconnection
System Impact Study, amendments and re-studies to the Interconnection
System Impact Study, and the actual cost of the study shall be paid by or
refunded to the Interconnection Customer, as appropriate in accordance
with Section 13.3 of the lGIP.
7.0 Pursuant to Section 3.7 ofthe lGIP, the ISO will coordinate the conduct
of any studies required to determine the impact of the Interconnection
Request on Affected Systems. The Participating TO may provide a copy
of the Interconnection System Impact Study results to an Affected System
Operator and the Western Electricity Coordinating Council. Requests for
review and input from Affected System Operators or the Western
Electricity Coordinating Council may arrive at any time prior to
interconnection, and a revision of the Interconnection System Impact
Study or re-study may be required in such event.
8.0 Substantial portions of technical data and assumptions used to perform
the Interconnection System Impact Study, such as system conditions,
existing and planned generation, and unit modeling, may change after the
Participating TO provides the Interconnection System Impact Study
results to the Interconnection Customer. Study results will reflect
available data at the time the Participating TO provides the
Interconnection System Impact Study to the Interconnection Customer.
The Participating TO shall not be responsible for any additional costs,
including, without limitation, costs of new or additional facilities, system
upgrades, or schedule changes, that may be incurred by the
Interconnection Customer as a result of changes in such data and
assumptions.
9.0 In the event that a re-study or amendment of the Interconnection System
Impact Study is required, the Participating TO shall provide notification of
the need for such re-study or amendment, and the Interconnection
Customer shall provide direction as to whether to proceed with the re-
study or amendment and any associated deposit payment pursuant to
Section 7.6 or Section 12.2.4 of the LGIP, as applicable.
10.0 The Participating TO shall maintain records and accounts of all costs
incurred in performing the Interconnection System -Impact Study, inclusive
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of any re-studies or amendments thereto, in sufficient detail to allow
verification of all costs incurred, including associated overheads. The
Interconnection Customer shall have the right, upon reasonable notice,
within a reasonable time at the Participating TO's offices and at its own
expense, to audit the Participating TO's records as necessary and as
appropriate in order to verify costs incurred by the Participating TO. Any
audit requested by the Interconnection Customer shall be completed, and
written notice of any audit dispute provided to the Participating TO
representative, within one hundred eighty (180) Calendar Days following
receipt by the Interconnection Customer of the Participating TO's
notification of the final costs of the Interconnection System Impact Study,
inclusive of any re-study or amendment thereto.
11.0 Inaccordance with Section 3.8 ofthe LGIP, the Interconnection Customer
may withdraw its Interconnection Request at any time by written notice to
the ISO. Upon receipt of such notice, this Agreement shall terminate.
12.0 Pursuant to Section 7.2 of the lGIP, this Agreement shall become
effective upon the date the fully executed Agreement and deposit
specified in Section 6 of this Agreement are received by the Participating
TO. If the Participating TO does not receive the fully executed Agreement
and payment pursuant to Section 7.2 of the LGIP, then the
Interconnection Request will be deemed withdrawn upon the
Interconnection Customer's receipt of written notice by the ISO pursuant
to Section 3.8 of the lGIP.
13.0 Miscellaneous.
13.1 Dispute Resolution. Any dispute, or assertion of a claim, arising out of or
in connection with this Interconnection System Impact Study Agreement,
shall be resolved in accordance with Section 13.5 of the lGIP.
13.2 Confidentiality. Confidential Information shall be treated in accordance
with Section 13.1 of the LGIP.
13.3 Binding Effect. This Interconnection System Impact Study Agreement
and the rights and obligations hereof, shall be binding upon and shall
inure to the benefit of the successors and assigns of the Parties hereto.
13.4 Conflicts. In the event of a conflict between the body of this
Interconnection System Impact Study Agreement and any attachment,
appendices or exhibits hereto, the terms and provisions of the body of this
Interconnection System Impact Study Agreement shall prevail and be
deemed the final intent of the Parties.
4
13.5 Rules of Interpretation. This Interconnection System Impact Study
Agreement, unless a clear contrary intention appears, shall be construed
and interpreted as follows: (1) the singular number includes the plural
number and vice versa; (2) reference to any person includes such
person's successors and assigns but, in the case of a Party, only if such
successors and assigns are permitted by this Interconnection System
Impact Study Agreement, and reference to a person in a particular
capacity excludes such person in any other capacity or individually; (3)
reference to any agreement (including this Interconnection System Impact
Study Agreement), document, instrument or tariff means such agreement,
document, instrument, or tariff as amended or modified and in effect from
time to time in accordance with the terms thereof and, if applicable, the
terms hereof; (4) reference to any applicable laws and regulations means
such applicable laws and regulations as amended, modified, codified, or
reenacted, in whole or in part, and in effect from time to time, including, if
applicable, rules and regulations promulgated thereunder; (5) unless
expressly stated otherwise, reference to any Article, Section or Appendix
means such Article or Section of this Interconnection System Impact
Study Agreement or such Appendix to this Interconnection System Impact
Study Agreement, or such Section to the LGIP or such Appendix to the
LGIP, as the case may be; (6) "hereunder", "hereof', "herein", "hereto" and
words of similar import shall be deemed references to this Interconnection
System Impact Study Agreement as a whole and not to any particular
Article, Section, or other provision hereof or thereof; (7) "including" (and
with correlative meaning "include") means including without limiting the
generality of any description preceding such term; and (8) relative to the
determination of any period of time, "from" means "from and including",
"to" means "to but excluding" and "through" means "through and
including".
13.6 Entire Agreement. This Interconnection System Impact Study Agreement,
including all Appendices and Schedules attached hereto, constitutes the
entire agreement between the Parties with reference to the subject matter
hereof, and supersedes all prior and contemporaneous understandings or
agreements, oral or written, between the Parties with respect to the
subject matter of this Interconnection System Impact Study Agreement.
There are no other agreements, representations, warranties, or covenants
which constitute any part of the consideration for, or any condition to, any
Party's compliance with its obligations under this Interconnection System
Impact Study Agreement.
13.7 No Third Party Beneficiaries. This Interconnection System Impact Study
Agreement is not intended to and does not create rights, remedies, or
5
benefits of any character whatsoever in favor of any persons,
corporations, associations, or entities other than the Parties, and the
obligations herein assumed are solely for the use and benefit of the
Parties, their successors in interest and, where permitted, their assigns.
13.8 Waiver. The failure of a Party to this Interconnection System Impact
Study Agreement to insist, on any occasion, upon strict performance of
any provision of this Interconnection System Impact Study Agreement will
not be considered a waiver of any obligation, right, or duty of, or imposed
upon, such Party. .
Any waiver at any time by either Party of its rights with respect to this
Interconnection System Impact Study Agreement shall not be deemed a
continuing waiver or a waiver with respect to any other failure to comply
with any other obligation, right, duty of this Interconnection System Impact
Study Agreement. Termination or default of this Interconnection System
Impact Study Agreement for any reason by the Interconnection Customer
shall not constitute a waiver of the Interconnection Customer's legal rights
to obtain an interconnection from the Participating TO. Any waiver of this
Interconnection System Impact Study Agreement shall, if requested, be
. provided in writing.
Any waivers at any time by any Party of its rights with respect to any
default under this Lnterconnection System Impact Study Agreement, or
with respect to any other matter arising in connection with this
Interconnection System Impact Study Agreement, shall not constitute or
be deemed a waiver with respect to any subsequent default or other
matter arising in connection with this Interconnection System Impact
Study Agreement. Any delay, short of the statutory period of limitations, in
asserting or enforcing any right under this Interconnection System Impact
Study Agreement shall not constitute or be deemed a waiver of such right.
13.9 Headings. The descriptive headings of the various Articles and Sections
of this Interconnection System Impact Study Agreement have been
inserted for convenience of reference only and are of no significance in
- the interpretation or construction of this Interconnection System Impact
Study Agreement.
13.10 Multiple Counterparts. This Interconnection System Impact Study
Agreement may be executed in two or more counterparts, each of which
is deemed an original but all constitute one and the same instrument.
6
13.11 Amendment. The Parties may by mutual agreement amend this
Interconnection System Impact Study Agreement by a written instrument
duly executed by both of the Parties.
13.12 Modification by the Parties. The Parties may by mutual agreement amend
the Appendices to this Interconnection System Impact Study Agreement
by a written instrument duly executed by both of the Parties. Such
amendment shall become effective and a part of this Interconnection
System Impact Study Agreement upon satisfaction of all applicable laws
and regulations.
13.13 Reservation of Rights. The Participating TO shall have the right to make
a unilateral filing with FERC to modify this Interconnection System Impact
Study Agreement with respect to any rates, terms and conditions,
charges, classifications of service, rule or regulation under section 205 or
any other applicable provision of the Federal Power Act and FERC's rules
and regulations thereunder, and Interconnection Customer shall have the
right to make a unilateral filing with FERC to modify this Interconnection
System Impact Study Agreement pursuant to section 206 or any other
applicable provision of the Federal Power Act and FERC's rules and
regulations thereunder; provided that each Party shall have the right to
protest any such filing by another Party and to participate fully in any
proceeding before FERC in which such modifications may be considered.
Nothing in this Interconnection System Impact Study Agreement shall
limit the rights of the Parties or of FERC under sections 205 or 206 of the
Federal Power Act and FERC's rules and regulations thereunder, except
to the extent that the Parties otherwise mutually agree as provided herein.
13.14 No Partnership. This Interconnection System Impact Study Agreement
shall not be interpreted or construed to create an association, joint
venture, agency relationship, or partnership between the Parties or to
impose any partnership obligation or partnership liability upon any Party.
No Party shall have any right, power or authority to enter into any
agreement or undertaking for, or act on behalf of, or to act as or be an
agent or representative of, or to otherwise bind, another Party.
13.15 Assignment. This Interconnection System Impact Study Agreement may
be assigned by a Party only with the written consent of the other Party;
provided that a Party may assign this Interconnection System Impact
Study Agreement without the consent of the other Party to any Affiliate of
the assigning Party with an equal or greater credit rating and with the legal
authority and operational ability to satisfy the obligations of the assigning
Party under this Interconnection System Impact Study Agreement; and
provided further that the Interconnection Customer shall have the right to
7
assign this Interconnection System Impact Study Agreement, without the
consent of the other Party, for collateral security purposes to aid in
providing financing for the Large Generating Unit, provided that the
Interconnection Customer will require any secured party, trustee or
mortgagee to notify the other Party of any such assignment. Any
financing arrangement entered into by the Interconnection Customer
pursuant to this Article will provide that prior to or upon the exercise of the
secured party's, trustee's or mortgagee's assignment rights pursuant to
said arrangement, the secured creditor, the trustee or mortgagee will
notify the other Party of the date and particulars of any such exercise of
assignment right(s). Any attempted assignment that violates this Article is
void and ineffective. Any assignment under this Interconnection System
Impact Study Agreement shall not relieve a Party of its obligations, nor
shall a Party's obligations be enlarged, in whole or in part, by reason
thereof. Where required, consent to assignment will not be unreasonably
withheld, conditioned or delayed.
8
IN WITNESS THEREOF, the Parties have caused this Agreement to be duly
executed by their duly authorized officers or agents on the day and year first above
written.
IA EDISON COMPANY
B.
..
APPROVED
STEPHEN E. PICKETT
Sr. Vice President and
~
By . ~ . . _..-;;."._-'-.~
. Atto~~('
,2
Title: Director of Grid Contracts
Date: Oc.rh. bczll'"' /3, 20 L> ~
(
By:
.' J.-. + 6! h A If 6V f\Yv/
~5Ic-- . f f
Title:
Date:
9
. .
Attachment A
Interconnection System Impact
Study Agreement
ASSUMPTIONS USED IN CONDUCTING THE
INTERCONNECTION SYSTEM IMPACT STUDY
The Interconnection Customer and the Participating TO, with the concurrence of
the ISO, have agreed to forego the Interconnection Feasibility Study. The
Interconnection System Impact Study will be based upon the information set forth in the
Interconnection Request and agreed upon in the Scoping Meeting held on October 5,
2005, and will include the following assumptions:
1. Designation of Point of Interconnection and configuration to be studied.
a. Point of Interconnection: The Participating TO's laguna Bell Substation
230 kV bus via a double circuit 230 kV overhead transmission line.
b., Confi~uration: A natural gas fired combined cycle plant consisting of three.
gas turbines and one steam turbine with a total peak gross output of
890 MW; transformation equipment; meters and metering equipment; and
appurtenant equipment at the Large Generating Facility site to be located at
3200 Fruitland Avenue, in Vernon, California as specified in the
Interconnection Customer's Interconnection Request.
2. Designation of alternative Point(s) of Interconnection and configuration.
a. Point of Interconnection: The Mesa-Lighthipe and Mesa-Redondo 230 kV
transmission lines via a new switchyardnear Laguna Bell Substation.
b. Confiouration: Same as above.
3. An Interconnection Customer requested in-service date of March 31,2008;
however, such assumption shall be subject to change after study results,
permitting requirements, design, land issues and material lead times are known,
so that a more accurate determination can be made.
4. The technical data supplied by Interconnection Customer are accurate and
complete.
5. Interconnection Customer will install and maintain necessary equipment to meet
Participating TO's criteria for power factor correction at the Point of
Interconnection.
. '
." .. ...
6. The maximum interconnection capacity requested by Interconnection Customer
is 890 MW at 230 kV.
7. Interconnection System Impact Study results will reflect the ISO Tariff, rules and
protocols, and the Participating TO's Interconnection Handbook in effect at the
time the Participating TO provides the Interconnection System Impact Study to
Interconnection Customer.
8. The Interconnection System Impact Study will be performed in accordance with
the study plan agreed to by the Participating TO, the Interconnection Customer
and the ISO.
9. The Deliverability Assessment mentioned in Section 5 of the Interconnection
System Impact Study Agreement will be a preliminary Deliverability Assessment.
The ISO has notified the Participating TO that the final Deliverability Assessment
for this project is expected to be performed around the first quarter of2006, after
the completion of the Baseline Deliverability Study which will establish the
deliverability of existing generation and generation projects higher in the queue.
Pursuant to Section 7.1 of the lGIP, the estimated cost to complete the
Interconnection System Impact Study is $60,000.
,
SUPPORTING
DOCUMENTS
CllY OfVERNO,N,
LIGHT & POWIR,
43'05 SJ\NtA FE AVEN:(JE
VERNON, C^,UFORNIA' 90058.,0805
- -(323) 583-8811 .
FQldO NUMBER
Bank of America CHECK
16/66 NUMBER 502053
05
TtfE SUM Of
CHECK AMOUNT
,-- },i_m l!'dolsBlltts
$50 , 000 .00
VOID AFTER 90 DAYS
SOUTHERN CALIFORNIA EDISON COMPANY
~~'.~
::V~4;.~
11150 20 5 ~1I1 I: ~ 2 2000 b b ~I: ~... 5 q "'11105 Ii SBIII
CITY OF VERNON LIGHT & POWER · 4305 SANTA FE AVE. · VERNON, CALIFORNIA 90058-0805
"
VENDOR NO. VENDOR NAME DATE CHECK ISSUED CHECK NO:
001267 SOUTHERN CALIFORNIA EDISON COMPANY 10/12/05 502053
CITY ACCOUNT NUMBER YOUR INV. NO. YOUR INV. DATE PAYMENT DESCRIPTION DISC. TAKEN NET AMT. PAID
055-100-9192-9000 INTERCONNECTION SYSTEM IMPACT 50,000.00
STUDY/GOOD FAITH DEPOSIT
FILE DATE: 10/19/05cm
/