EXHIBIT 10(H)
SIERRA PACIFIC RESOURCES OPERATING COMPANIES
FERC ELECTRIC TARIFF
FIRST REVISED VOLUME NO. 1 SERVICE AGREEMENT NO. 101.A (ASSIGNED)
OPEN ACCESS TRANSMISSION TARIFF
Page 1 of 5
SERVICE AGREEMENT FOR LONG-TERM
FIRM POINT-TO-POINT TRANSMISSION SERVICE
1.0 This Service Agreement, dated as of December 12, 2002, is entered into, by
and between Sierra Pacific Power Company and/or Nevada Power Company as
appropriate ("Transmission Provider"), and Pinnacle West Energy
Corporation, (Pinnacle West) ("Transmission Customer").
2.0 The Transmission Customer has been determined by the Transmission Provider
to have a Completed Application for Firm Point-To-Point Transmission
Service under the Tariff.
3.0 The Transmission Customer has provided to the Transmission Provider an
Application deposit in accordance with the provisions of Section 17.3 of
the Tariff.
4.0 Service under this agreement shall commence on the later of (l) the
requested service commencement date, or (2) the date on which construction
of any Direct Assignment Facilities and/or Network Upgrades are completed,
or (3) such other date as it is permitted to become effective by the
Commission. Service under this agreement shall terminate on the actual
termination date or such date as mutually agreed upon by the parties.
5.0 The Transmission Customer's renewal rights under this agreement shall be
as specified in Section 2.2 of the Transmission Provider's Tariff as it
may be amended from time to time in accordance with FERC policy. In
addition, in order to assist the Transmission Provider in planning its
system appropriately, the Transmission Customer will communicate with the
Transmission Provider on a nonbinding basis regarding its assessment of
whether it will renew this agreement as follows:
5.1 In the event the Transmission Customer signs a power sales contract
that: (1) utilizes the transmission capacity provided for under this
agreement, and (2) extends beyond this agreement's initial term, the
Transmission Customer shall so notify the Transmission Provider (without
identifying the parties to the power sales contract) and shall provide the
Transmission Provider with the Transmission Customer's assessment of the
likely impact of such contract on its intent to renew this agreement.
EXHIBIT 10(H)
SIERRA PACIFIC RESOURCES OPERATING COMPANIES
FERC ELECTRIC TARIFF
FIRST REVISED VOLUME NO. 1 SERVICE AGREEMENT NO. 101.A (ASSIGNED)
OPEN ACCESS TRANSMISSION TARIFF
Page 2 of 5
5.2 The Transmission Customer will on an annual basis, starting five years
prior to the end of the initial term of this agreement, provide the
Transmission Provider with a nonbinding statement of its current
assessment of whether it will renew this agreement. The Transmission
Customer will, on Transmission Provider's request, answer any reasonable
questions the Transmission Provider has about such assessment; provided
that the Transmission Customer shall not be obligated to provide any
confidential market data to the Transmission Provider.
5.3 The Transmission Provider's transmission personnel shall treat as
confidential and proprietary all information provided by Transmission
Customer under this Section 5.0, and shall comply with FERC's affiliate
regulations and other applicable provisions of Order No. 889, or any
successor requirements, in its treatment of such information; provided
that this Section 5.3 shall not prevent the Transmission Provider from
providing information to FERC, the PUCN or any other agency of competent
jurisdiction in accordance with applicable requirements of such agency or
from compliance with any valid court order requiring the production of
such information. The Transmission Provider shall give the Transmission
Customer notice of any such agency request or court order so that the
Transmission Customer may take any action deemed necessary by the
Transmission Customer to protect the confidentiality of the requested
information.
6.0 The Transmission Provider agrees to provide and the Transmission Customer
agrees to take and pay for Firm Point-To-Point Transmission Service in
accordance with the provisions of Part II of the Tariff and this Service
Agreement.
7.0 Any notice or request made to or by either Party regarding this Service
Agreement shall be made to the representative of the other Party as
indicated below.
EXHIBIT 10(H)
SIERRA PACIFIC RESOURCES OPERATING COMPANIES
FERC ELECTRIC TARIFF
FIRST REVISED VOLUME NO. 1 SERVICE AGREEMENT NO. 101.A (ASSIGNED)
OPEN ACCESS TRANSMISSION TARIFF
Page 3 of 5
8.0 If any event occurs that will materially affect the time for completion of
new facilities or the ability to complete them, Transmission Provider
shall promptly notify the Transmission Customer. A technical meeting
between the Parties shall be held to evaluate the alternatives available.
If the Transmission Provider and the Transmission Customer mutually agree
that no other reasonable alternatives exist and the requested service
cannot be provided out of existing capability under the conditions of Part
II of the Tariff, the obligation to provide the requested Firm
Point-To-Point Transmission Service shall terminate and any deposit made
by the Transmission Customer shall be returned with interest pursuant to
Commission regulations 35.19a(a)(2)(iii). However, the Transmission
Customer shall be responsible for all prudently incurred costs by the
Transmission Provider through the time construction was suspended.
Transmission Provider:
Director, Regional Transmission
Nevada Power Company
X.X. Xxx 000
Xxx Xxxxx, XX 00000
Transmission Customer:
Pinnacle West Energy Corporation
X.X. Xxx 00000, Xxxx Xxxxxxx 0000
Xxxxxxx, XX 00000-0000
9.0 The Tariff is incorporated herein and made a part hereof.
IN WITNESS WHEREOF, the Parties have caused this Service Agreement to be
executed by their respective authorized officials.
Transmission Provider:
By: __________________________ __________________ __________________
Name Title Date
Transmission Customer:
By:___________________________ __________________ __________________
Name Title Date
EXHIBIT 10(H)
SIERRA PACIFIC RESOURCES OPERATING COMPANIES
FERC ELECTRIC TARIFF
FIRST REVISED VOLUME NO. 1 SERVICE AGREEMENT NO. 101.A (ASSIGNED)
OPEN ACCESS TRANSMISSION TARIFF
Page 4 of 5
Specifications For Long-Term Firm Point-To-Point
Transmission Service
1.0 Term of Transaction: 5 Year(s)
Start Date: 07-31-03
Termination Date: 07-30-08
2.0 Description of capacity and energy to be transmitted by Transmission
Provider including the electric Control Area in which the transaction
originates.
375 MW from Xxxxx Xxxxx 500 kV Substation in Nevada Power Company's
Control Area to Xxxx 230 kV Substation.
3.0 Point of Receipt Delivering Party
XXXXX XXXXX 500 KV SUBSTATION PINNACLE WEST ENERGY CORPORATION
4.0 Point of Delivery Receiving Party
XXXX 230 KV SUBSTATION MARKET
5.0 Maximum amount of capacity and energy to be transmitted (Reserved
Capacity): 375 MW
6.0 Designation of party(ies) subject to reciprocal service obligation:
None
7.0 Name(s) of any Intervening Systems providing transmission service: None
EXHIBIT 10(H)
SIERRA PACIFIC RESOURCES OPERATING COMPANIES
FERC ELECTRIC TARIFF
FIRST REVISED VOLUME NO. 1 SERVICE AGREEMENT NO. 101.A (ASSIGNED)
OPEN ACCESS TRANSMISSION TARIFF
Page 5 of 5
8.0 Service under this Agreement may be subject to some combination of the
charges detailed below. (The appropriate charges for individual
transactions will be determined in accordance with the terms and
conditions of the Tariff.)
8.1 Transmission Charge: $1.21/kW-mo.
8.2 System Impact and/or Facilities Study Charge(s):
Pending finalization, $30,000 deposit in place. Reliant - Arrow
Canyon will be responsible for the final actual costs.
8.3 Direct Assignment Facilities Charge: None under this TSA.
However, Direct Assignment Facilities will be required to provide
the associated interconnection and are defined in the
Interconnection & Operation Agreement.
8.4 Ancillary Services Charges: As negotiated in the future or as
defined in Interconnection and Operation Agreement.
8.5. Power Factor Requirements: As defined in Interconnection and
Operation Agreement.
