AND AGREEMENT FOR ELECTRIC SERVICE FOR SMALL RENEWABLE FACILITIES
THIS AGREEMENT, made and entered into this day of , 2012, by and among Cooperative, an Iowa cooperative corporation with its principal place of business in , Iowa ("Cooperative"), Corn Belt Power Cooperative, an Iowa G & T Cooperative with its principal place of business in Humboldt, Iowa ("Corn Belt"), and
, individuals residing in , Iowa ("Member-Consumer");
WHEREAS, Cooperative is a public utility under Chapter 476 of the Code of Iowa (2011) and provides electric utility service at retail to member-consumers in its assigned service area; and,
WHEREAS, Member-Consumer is a member of Cooperative and purchases electric power and energy from Cooperative; and,
WHEREAS, Cooperative is a member of Corn Belt and obtains all of its electric power and energy from Corn Belt pursuant to the terms and conditions of a wholesale power contract between Cooperative and Corn Belt; and,
WHEREAS, Member-Consumer owns and operates a small renewable electric generating facility (Facility) and desires to purchase from Cooperative emergency and backup electric utility service and to sell excess electric power and energy generated by its Facility, and to interconnect with the electric distribution system of Cooperative in order to do so; and,
WHEREAS, the Cooperative and Member-Consumer desire to set forth in this Agreement the terms and conditions pursuant to which said purchases, sales, and interconnection shall be made;
IT IS, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREINAFTER SET FORTH, AGREED BY AND AMONG THE PARTIES AS FOLLOWS:
A. Electric Service Provided to Member
1. Cooperative shall furnish, sell and deliver to Member-Consumer, and Member- Consumer shall purchase from Cooperative all of the electric power and energy which Member- Consumer may need at the location described in Exhibit "B," attached hereto and by this reference made a part hereof, subject to the remaining provisions of this Agreement.
2. Electrical service provided by Cooperative shall be alternating current, 60 cycles, at voltages consistent with the Tariff and Rate Schedule applicable to the Facility.
3. Member-Consumer shall not use the electric power and energy furnished pursuant to this Agreement as an auxiliary or supplement to any other source of electric power and energy, other
than that generated by the Member-Consumer's Facility located on its premises, and shall not resell electric power and energy purchased hereunder.
4. Member-Consumer shall pay Cooperative for service at the rates and upon the terms and conditions set forth in the Cooperative’s applicable rate schedule, which schedule is attached hereto and by this reference made a part hereof, for the first six (6) months of the term of this Agreement. Thereafter, Cooperative may establish a qualifying facility backup rate based upon the unique characteristics of the Member-Consumer’s load profile, based on an analysis of metered data in a cost of service study, and said backup rate shall apply for the remainder of the term of this Agreement, except as adjusted pursuant to section A.7 of this Agreement.
5. The initial billing period shall commence when Member-Consumer begins receiving electric power and energy from Cooperative, or thirty (30) days after the date Cooperative notifies Member-Consumer in writing that service is available, whichever shall first occur.
6. Bills for service hereunder shall be paid at Cooperative's office in , Iowa. Such payment shall be due in accordance with the Tariff and Rate Schedule applicable to the Facility. In the event Member-Consumer fails to make payment of any xxxx when due, Cooperative may discontinue service to Member-Consumer in accordance with the Tariff and Rate Schedule applicable to the Facility. Discontinuance of service shall not relieve Member-Consumer of any of its obligations under this Agreement.
7. Cooperative may change the rate for service provided under this Agreement in the same manner it changes its rates to other Member-Consumers. In said event, Cooperative shall provide Member-Consumer with thirty (30) days' written notice of such rate change, which change shall become effective thirty (30) days following the giving of said notice.
8. Member-Consumer shall become and remain a member of Cooperative during the initial term of this Agreement and any extensions thereof, shall pay the Cooperative's membership fee (if any), and shall be subject to the terms and conditions of the Cooperative's Articles of Incorporation, Bylaws, rules, and regulations.
9. Cooperative shall use reasonable diligence to provide a constant and uninterrupted supply of electric power and energy. If the supply of electric power and energy shall fail or be interrupted, or become defective through act of God, governmental authority, action of the elements, public enemy, accident, strikes, labor disputes, required maintenance work, inability to secure right- of-way, or any other cause beyond the reasonable control of Cooperative, Cooperative shall not be liable therefore or for damages caused thereby.
B. Interconnection Requirements
The Facility shall be interconnected to the electric distribution system of the Cooperative pursuant to the terms of the Interconnection Agreement between the Member Consumer and Cooperative, which Agreement shall be in place at all times during the term of this agreement.
C. Purchases from Member
1. Agreement to Purchase. Corn Belt agrees to purchase from Member-Consumer such excess capacity as may be generated by Facility and which Member-Consumer desires to sell to Corn Belt. Cooperative is interconnected with Corn Belt and the purchase obligations of Corn Belt will be coordinated with Cooperative.
Facilities with design capacity of less than 150 kW
Payment for purchases from the member-consumer pursuant to this Agreement shall be as follows:
The rate to be paid by Corn Belt for energy produced by a Facility with a design capacity of less than 150 kilowatts shall be the rate set forth in Corn Belt's Small Renewable Energy Purchase Rate (Exhibit A). The Member- Consumer shall, as the commencement of the term of this Agreement, elect to retain the environmental attributes of the Facility or assign the environmental attributes to Corn Belt. The election shall be indicated in Exhibit B and shall remain in effect for the term of this Agreement and the election shall impact the rate paid by Corn Belt in Exhibit A. The rate shown in Exhibit A is higher in magnitude than Corn Belt’s avoided cost and Corn Belt shall pay at minimum Corn Belt’s avoided cost for the term of the agreement.
Facilities greater than or equal to 150 kW
The rate for purchases from a Facility with a design capacity greater than or equal to 150 kilowatts will be negotiated on a case-by-case basis with Corn Belt. Member-Consumer’s facility shall comply with Corn Belt’s interconnection guide Small Generator Interconnecting to Distribution System.
Cooperative will meter the Facility to obtain billing data and to fulfill its recording requirements. Member-Consumer shall pay all costs associated with the installation of metering equipment necessary to measure the sale of power and energy from the Facility to Corn Belt. Cooperative shall have the right to install such additional metering equipment as it deems necessary for the collection of data for research purposes, which metering will be furnished and paid for by the Cooperative. Meters shall be read by the Cooperative and the Facility meter at minimum shall meet the following requirements according to the Facility design capacity.
a. Facility with design capacity less than 50 KW.
The meter shall record excess energy from the Facility to the Cooperative.
b. Facility with design capacity 50 KW or greater.
The meter’s software shall be MV90 compatible and the meter shall record thirty-minute demand and record excess energy from the Facility to the Cooperative.
1. This Agreement shall be subject to all federal and state laws and regulations relating to allocation of power.
2. This Agreement shall be terminated six (6) months after the date of execution of this agreement if the Facility has not been placed in service and thus has not generated any energy. Provided the Facility is in service and has generated energy as stated in the previous sentence, this Agreement shall remain in effect for a term of two (2) years commencing at the date of execution of this agreement. This agreement shall thereafter continue for successive terms of one (1) year each, for a maximum total period of five (5) years, unless terminated by either party giving the other not less than three (3) months' written notice of its desire to terminate this Agreement. In no event shall the agreement to purchase extend beyond the date of the Interconnection Agreement, and in the event the Interconnection Agreement is terminated, the agreement to purchase as described in this Agreement shall also be terminated.
3. This Agreement shall supersede and replace any existing Agreement for Electric Service and Interconnection for Qualifying Co-Generation and/or Small Power Production Facilities (Superseded Agreement) by and among the Cooperative, Corn Belt, and Member-Consumer, and said Superseded Agreement shall be deemed terminated and of no further force or effect as of the effective date of this Agreement.
4. This Agreement shall be binding upon the parties, and upon their respective successors and assigns.
5. This Agreement may be subject to the approval of the Administrator of Rural Utilities Service (RUS).
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
CORN BELT POWER COOPERATIVE
Corn Belt Power Cooperative Small Renewable Purchase Rate (Effective January 1, 2012)
The Member-Consumer can elect to “lock in” the renewable rate for up to a 2 year initial term, the rates shall be as shown in the following schedule.
Xxxxx/kWh If Member-Consumer Assigns the
Environmental Attributes to Corn Belt
Xxxxx/kWh If Member-Consumer
Retains the Environment Attributes
Name of Distribution Cooperative and Owner of the Renewable Energy Project:
Total nameplate rating of facilities qualified under this rate at single site: (kW)
Please select one of the following:
Convey to Corn Belt
Name of Substation which interconnection feeder originates from:
Type of Facility (describe in detail):