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PACIFIC GAS AND ELECTRIC COMPANY
UNIFORM STANDARD OFFER 1
AS-AVAILABLE CAPACITY AND ENERGY
POWER PURCHASE AGREEMENT
QFID NO. 25C099
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TABLE OF CONTENTS
SECTION PAGE
1 PROJECT SUMMARY 1
2 DEFINITIONS 5
3 TERM AND TERMINATION 10
4 PROJECT FEE 11
5 PROJECT DEVELOPMENT MILESTONES 12
6 GENERATING FACILITY 15
7 OPERATING OPTIONS 19
8 INTERCONNECTION FACILITIES 22
9 REVIEW AND DISCLAIMER 24
10 REAL PROPERTY RIGHTS 26
11 METERING 28
12 QUALIFYING FACILITY STATUS AND PERMIT 30
13 ENERGY PURCHASE 31
14 CAPACITY PURCHASE 32
15 CURTAILMENT 33
16 INTERRUPTION OF DELIVERIES 36
17 PAYMENT AND BILLING 37
18 INDEMNITY AND LIABILITY 38
19 INSURANCE 41
20 FORCE MAJEURE 43
21 REVIEW OF RECORDS AND DATA 44
22 ASSIGNMENT 45
23 ABANDONMENT 45
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TABLE OF CONTENTS (Contd.)
SECTION
24 NON-DEDICATION 46
25 NON-WAIVER 46
26 SECTION HEADINGS 47
27 GOVERNING LAW 47
28 AMENDMENT, MODIFICATION OR WAIVER 47
29 SEVERAL OBLIGATIONS 47
30 SIGNATURES 48
APPENDIX A: TIME PERIODS
APPENDIX B: ENERGY LOSS ADJUSTMENT FACTORS
APPENDIX C: CAPACITY LOSS ADJUSTMENT FACTORS
APPENDIX D: PACIFIC GAS AND ELECTRIC COMPANY'S
ELECTRIC RULE-NO. 21
APPENDIX E: [omitted]
APPENDIX F: SITE LOCATION METES AND BOUNDS
DESCRIPTION (IF REQUIRED FOR
PURPOSES OF SECTION 1.1(c))
APPENDIX G: EFFECTIVE CAPACITY CONVERSION FACTORS
APPENDIX H: POINT OF DELIVERY SKETCH
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PACIFIC GAS AND ELECTRIC COMPANY
AS-AVAILABLE CAPACITY AND ENERGY POWER PURCHASE AGREEMENT
XXXXX PETROLEUM COMPANY ("Seller") and PACIFIC GAS AND ELECTRIC
COMPANY ("PG&E"), referred to collectively as "Parties" and
individually as "Party", agree as follows:
1. PROJECT SUMMARY
1.1 Seller's Generating Facility:
(a) QFID Number: 25C099
(b) Nameplate rating: 37,200 kW at 0.9 power factor. (Net of Station Use)
If the Generating Facility is comprised of more than one (1)
electrical generator and Seller has not commenced Initial Operation
of each generator within five (5) years of the effective date of this
Agreement, the Nameplate Rating shall be derated to the nameplate
rating of the electrical generators which have achieved Initial
Operation prior to the end of the five (5) year period. Seller may
not increase the Nameplate Rating after the effective date of this
Agreement.
(c) Location: Section 28, Township 12 North, Range 24 West, 3 1/2 miles
south of Xxxx, California, Xxxx County, California. See Appendix F.
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(d) Type: (Check One)
X Cogeneration facility.
natural gas(primary energy source)
Small power production facility
(primary energy source)
1.2 Expected annual energy deliveries: 290,000,000 kWh.
1.3 Seller's initial estimate of the Scheduled Operation Date is January
16, 1997 (Generating Facility is already constructed and operating).
The Scheduled Operation Date shall not be later than five (5) years
from the effective date of this Agreement.
1.4 The term of this Agreement is 15 years from January 16, 1997,
unless terminated sooner by Seller in accordance with Section 3 of
this Agreement.
1.5 Project Development Material Milestones: (Omitted)
1.6 Operating Options Pursuant to Section 7: (Check One)
X Operating Option I (Buy/Sell): Entire
Generating Facility output less Station Use
sold to PG&E.
Operating Option II (Surplus Sale): The
Generating Facility output, less Station Use
and any other use by Seller, sold to PG&E.
Capacity allocated to other use by Seller:
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kW.
1.7 Metering Location: (Check One)
Seller selects metering location pursuant to Section 11 as follows:
X High-voltage side of the Interconnection Facilities transformer.
Low-voltage side of the Interconnection Facilities transformer
with the transformer loss compensation factor determined in
accordance with Section 11.2.
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1.8 Notices.
Any written notice, demand, or request required or authorized in
connection with the Agreement shall be deemed properly given if
delivered in person or sent by first class mail, postage prepaid, to
the person specified below:
PG&E: Pacific Gas & Electric Company
Manager - Power Contracts
00 Xxxxx Xxxxxx, Mail Code B23C
P.O. Box 770000
San Francisco, CA 94177
Seller: Xxxxx Petroleum Company
Post Office Bin X
Taft, CA 93268
Seller's notices to PG&E pursuant to this Section 1.8 shall refer to
the QFID number set forth in Section l.l(a). The designated addresses
may be changed at any time upon similar notice by the Party's
authorized representative.
1.9 Location of PG&E Designated Switching Center
PG&E Midway Substation
Buttonwillow, CA
(000) 000-0000
1.10 Seller's arrangement includes Host(s): (Check one)
yes
X no
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If yes, the following sections shall apply
2. Host(s):
(b) Seller has made arrangements with Host(s) to: (Check one or both)
2. Sell all or a portion of the electrical output of the Generating
Facility to Host(s).
ii. Sell useful thermal output from the Generating Facility to Host(s).
(c) Seller shall, within thirty (30) days of the effective date of the
Agreement, provide PG&E with the name(s) and address(es) of
representative(s) of the Host(s) who is (are) authorized to act on
behalf of the Host(s) in matters related to the arrangement
identified in this Section 1.10. Seller shall notify PG&E of any
change(s) of authorized representative(s) within thirty (30) days of
being notified of such change.
(d) Any references to Host(s) contained in this Agreement are not
intended and shall not be construed to create any third party rights
or remedies.
2. DEFINITIONS
When underlined, whether in the singular or in the plural, the following
terms shall have the following meanings:
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2.1 Agreement: This document and appendices, as amended from time to time,
including PG&E's Electric Rule No. 21, in effect at the time of
execution of this Agreement.
2.2 As-Available Capacity: The capacity delivered to PG&E from the
Generating Facility that PG&E is contractually obligated to purchase
at its published As-Available Capacity price as approved by the CPUC.
2.3 CPUC: The Public Utilities Commission of the State of California.
2.4 Designated Switching Center: described in Section 1.9.
2.5 Electric Rule No. 21: PG&E's interconnection standards for cogenerators
and small power producers interconnected with the PG&E system,
attached hereto as Appendix D and incorporated herein by reference.
2.6 Emergency: An actual or imminent condition or situation which
jeopardizes PG&E Electric System Integrity.
2.7 Force Majeure: Any occurrence, other than Forced Outages, beyond the
reasonable control of and without the fault or negligence of the
Party claiming Force Majeure which causes the Party to be unable to
perform its obligations, which by exercise of due foresight such
Party could not reasonably have been expected to avoid and which the
Party is unable to overcome by the exercise of due diligence. Such an
occurrence may include, but is not limited to, acts of God, labor
disputes, sudden actions of the
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elements, actions or inactions by federal, state, and municipal
agencies, and actions or inactions of legislative, judicial, or
regulatory agencies.
2.8 Forced Outage: Any outage of the Generating Facility or Seller's
Interconnection Facilities resulting from a design defect, inadequate
construction, operator error, interruption in fuel supply unless
excused as a Force Majeure, or a breakdown of the mechanical or
electrical equipment that fully or partially curtails the electrical
output of the Generating Facility. Generating Facility: All of
Seller's generating units, together with all protective and other
associated equipment and improvements owned, maintained, and operated
by Seller, which are necessary to produce electrical power, excluding
associated land, land rights, and interests in land.
2.10 Host(s): The entity or entities identified in Section 1.10 which will
purchase: (a) useful thermal output of the cogenerator; or (b) all or
a portion of the electric output of the Generating Facility; or (c)
both.
2.11 Initial Operation: The day the Generating Facility first operates in
parallel with the PG&E system.
2.12 Interconnection Facilities: All means required, and apparatus
installed, to interconnect and deliver power from the Generating
Facility to the PG&E system in accordance with PG&E's Electric Rule
No. 21, including,
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but not limited to, connection, transformation, switching, metering,
communications, control, and safety equipment, such as equipment
required to protect (a) the PG&E system and its customers from faults
occurring at the Generating Facility, and (b) the Generating Facility
from faults occurring on the PG&E system or on the systems of others
to which the PG&E system is directly or indirectly connected.
Interconnection Facilities also include any necessary additions and
reinforcements by PG&E to the PG&E system required as a result of the
interconnection of the Generating Facility to the PG&E system.
2.13 Interconnection Study: PG&E's determination of the Interconnection
Facilities required to interconnect Seller's Generating Facility with
the PG&E system, including an estimate of costs and construction lead
time.
2.14 Nameplate Rating: The gross generating capacity of the Generating
Facility less Station Use. For purposes of this Agreement, Nameplate
Rating is that rating specified in Section 1.1(b) of the Agreement.
2.15 PG&E Electric System Integrity: The state of operation of PG&E's
electric system in a manner which is deemed to minimize the risk of
injury to persons and/or property and enables PG&E to provide
adequate and reliable electric service to its customers.
2.16 Point of Delivery: The point where Seller's electrical conductors
contact PG&E's system as it shall exist
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whenever the deliveries are being made or at such other point or
points as the Parties may agree in writing. A Point of Delivery
sketch is attached in Appendix H.
2.17 Preliminary Interconnection Study or Preliminary Study: PG&E's
preliminary estimate of the costs and equipment necessary for the
interconnection of Seller's Generating Facility to PG&E's system.
This study may also establish the date by which Seller must request
an Interconnection Study under Section 5.5(a).
2.18 Protective Apparatus: All relays, meters, power circuit breakers,
synchronizers, and other control devices as shall be agreed to by the
Parties in accordance with the requirements of PG&E as necessary for
proper and safe operation of the Generating Facility in parallel with
PG&E's electric system.
2.19 Prudent Electrical Practices: Those practices, methods, and equipment,
as changed from time to time, that are commonly used in prudent
electrical engineering and operations to design and operate electric
equipment lawfully and with safety, dependability, efficiency, and
economy.
2.20 Scheduled Operation Date: The date specified in Section 1.3 when the
Generating Facility is, by Seller's estimate, expected to begin
Initial Operation.
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2.21 Short-Run Avoided Operating Costs: CPUC-approved costs, updated from
time to time, which are the basis of PG&E's published energy prices.
2.22 Special Facilities: Those Interconnection Facilities consisting of
additions and reinforcements to the PG&E system which are needed to
accommodate the maximum delivery of energy and capacity from the
Generating Facility as provided in this Agreement and those other
parts of the Interconnection Facilities, if any, which are owned and
maintained by PG&E at Seller's request, including metering and data
processing equipment. All Special Facilities shall be owned, operated
and maintained pursuant to PG&E's Electric Rule No. 21, which is
attached hereto.
2.23 Station Use: Energy used to operate the Generating Facility's
auxiliary equipment. The auxiliary equipment includes, but is not
limited to, forced and induced draft fans, cooling towers, boiler
feed pumps, lubricating oil systems, plant lighting, fuel handling
systems, control systems, and sump pumps.
3. TERM AND TERMINATION
This Agreement shall be binding upon execution by the Parties and remain
in effect thereafter for the number of years specified in Section
1.4, which shall not exceed thirty (30) years from Initial Operation.
This Agreement may be terminated
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sooner by Seller upon providing thirty (30) days prior written notice
in accordance with Section 1.8.
4. PROJECT FEE [omitted]
5. PROJECT DEVELOPMENT MILESTONES
To assure Xxxxxx's establishment of Initial Operation in the time
provided in this Agreement and to afford PG&E with early notification
in the event Seller will be unable to establish Initial Operation,
Seller shall complete each Project Development Milestone as provided
in this Section 5.
5.1 Project Development Milestones
(a) The following events shall constitute Project
Development Milestones:
(1) Submittal of Quarterly Status Reports (pursuant to Section 5.2)
(2) Maintenance of Site Control (pursuant to Section 5. 3)
(3) Provision of information for and payment of costs of Preliminary
Interconnection Study (pursuant to Section 5.4)
(4) Provision of information for and payment of costs of Interconnection
Study (pursuant to Section 5.5) Commencement of Initial Operation no
later than five (5) years from the effective date of this Agreement
(pursuant to Section 5.6).
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(b) If Seller fails to complete each Project Development Milestone in the
time and manner provided in Sections 5.2 through 5.6: (l) PG&E may
terminate this Agreement; (2) Seller shall relinquish transmission
priority, if established; and (3) the Project Fee, if any, shall be
paid to PG&E pursuant to Section 4.2(b).
(b) If PG&E terminates this Agreement pursuant to this Section 5.1,
Seller may execute another power purchase agreement with PG&E only if
Seller has satisfied all its outstanding obligations to PG&E arising
under this Agreement, including payment of any costs which PG&E may
have incurred as a result of Seller's failure to perform under this
Agreement. Nothing in this Section 5.1(c) shall limit PG&E's remedies
at law under this Agreement.
5.2 Submit Quarterly Status Reports omitted
5.3 Maintain Site Control
(a) Seller warrants that it possessed Site Control of the site described
in Section 1.1(c) as of the date Sellers executed this Agreement and
that Seller shall maintain continuous Site Control for the term of
this Agreement.
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(b) Site Control: Site Control shall consist of one of the following, or
other form of Site Control acceptable to PG&E in its sole discretion:
(l) Seller's ownership of the location of Seller's Generating Facility
specified in Section l.l(c);
(2) Seller's leasehold interest in the location specified in Section
1.1(c), which leasehold interest shall specifically include the right
to construct and operate the Generating Facility at such location;
(3) Seller's exclusive and irrevocable contractual right to construct
and operate the Generating Facility at the location specified in
Section l.l(c); or,
(4) Seller's exclusive and irrevocable option to obtain any of the
rights described in Section 5.3(b)(1) through Section 5.3(b)(3)
above. This alternative shall only constitute Site Control prior to
the commencement of construction of Seller's Generating Facility.
(c) Seller shall provide PG&E with prompt notice of any change in the
status of its Site Control. If, at any time, PG&E has reason to
believe that Seller has lost Site Control, PG&E may request from
Seller evidence that Seller continues to possess Site Control. If
Seller fails to provide such evidence within thirty
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(30) calendar days after Seller receives PG&E's request, the
provisions of Section 5.1(b) shall apply.
(d) Where the term of Seller's Site Control does not extend for the full
term of this Agreement, Seller shall advise PG&E of the date Site
Control is scheduled to expire. Seller shall provide to PG&E, no
later than the date Seller's Site Control is scheduled to expire,
evidence that Seller's Site Control has been renewed or extended. If
Seller fails to provide such evidence, PG&E shall notify Seller in
writing that Seller is not in compliance with this Section 5.3(d).
Unless Seller provides PG&E with evidence that Site Control has been
renewed or extended within thirty (30) calendar days after PG&E's
notification, the provisions of Section 5.1(b) shall apply. This
Agreement is project and site specific; however, Seller may with
PG&E's prior consent, be permitted to adjust the location of Seller's
Generating Facility within the proximity of the site specified in
Section 1.1(c) if necessary for project development.
5.4 Provide Information for and Pay Costs of Preliminary
Interconnection Study omitted
(e)
5.5 Provide Information for and Pay Costs of Interconnection
Study omitted
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5.6 Commence Initial Operation of the Generating Facility: Seller shall
commence Initial Operation of Seller's Generating Facility no later
than five (5) years from the effective date of this Agreement. If
Seller fails to commence Initial Operation by said date, the
provisions of Section 5.1(b) shall apply.
6. GENERATING FACILITY
The Generating Facility shall be owned by Seller. The
Generating Facility shall be designed, constructed, operated, and
maintained as follows:
6.1 Design
(a) Seller, at Seller's sole expense, shall:
(1) Design the Generating Facility;
(2) Acquire all permits and other approvals
necessary for the construction, operation,
and maintenance of the Generating Facility;
and
(3) Complete all environmental impact studies
necessary for the construction, operation,
and maintenance of the Generating Facility.
(b) At PG&E's request, Seller shall provide to PG&E
Seller's electrical specifications and design
drawings pertaining to Seller's Generating Facility
for PG&E's review prior to finalizing design of the
Generating Facility and before beginning construction
work based on such specifications and drawings.
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Seller shall provide to PG&E reasonable advance written notice of any
changes in Seller's Generating Facility and provide to PG&E
specifications and design drawings of any such changes for PG&E's
review and approval.
(c) The total installed capacity (net of station use) of Seller's
Generating Facility shall not exceed the Nameplate Rating set forth
in Section 1.1(b) of this Agreement.
6.2 Construction
(a) Seller, at Seller's sole expense, shall construct the Generating
Facility.
(b) PG&E shall have the right to review and consult with
Seller regarding Seller's construction schedule.
Seller, at its option, may be present at such inspection.
(c) PG&E shall have the right to periodically inspect the Generating
Facility prior to Initial Operation upon advance notice to Seller.
Seller, at its option, may be present at such inspection.
6.3 Operation
(a) Seller shall operate the Generating Facility in accordance with
Prudent Electrical Practices.
(b) Seller shall operate the Generating Facility to generate such
reactive power or provide individual power factor correction as
necessary to maintain voltage levels and reactive power support as
may be required by PG&E, in accordance with PG&E's Electric
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Rule No. 21, attached hereto. Seller shall not deliver excess
reactive power to PG&E unless otherwise agreed upon between the
Parties. If Seller fails to provide reactive power support, PG&E may
do so at Seller's expense.
(c) The Generating Facility shall be operated with all of Seller's
Protective Apparatus in service whenever the Generating Facility is
connected to, or is operated in parallel with, the PG&E electric
system. Any deviation for brief periods of Emergency or maintenance
shall only be by agreement of the Parties.
(d) Seller shall maintain operating communications with the PG&E
Designated Switching Center. The operating communications shall
include, but not be limited to, system parallel operation or
separation, scheduled and unscheduled outages, equipment clearances,
protective relay operations, levels of operating voltage and reactive
power, and daily capacity and generation reports.
(e) Seller shall keep a daily operations log for the Generating Facility
which shall include information on availability, maintenance outages,
circuit breaker trip operations requiring a manual reset, and any
significant events related to the operation of the Generating
Facility, including but not limited to: real and reactive power
production; changes in
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operating status and protective apparatus operations; and any unusual
conditions found during inspections. Changes in setting shall also be
logged for Seller's generator(s) if it is "block-loaded" to a
specific kW capacity.
(f) Seller shall maintain complete daily operations records applicable to
the Generating Facility, including but not limited to fuel
consumption, cogeneration fuel efficiency, maintenance performed,
kilowatts, kilovars and kilowatt hours generated and settings or
adjustments of the generator control equipment and protective
devices. Such information shall be available pursuant to Section 21.
(g) If Seller's Generating Facility has a Nameplate Rating greater than
one (1) and up to and including ten (10) megawatts, PG&E may require
Seller to report to the Designated Switching Center, twice a day at
agreed upon times for the current day's operation, the hourly
readings in kW of capacity delivered and the energy in kWh delivered
since the last report.
(h) If Seller's Generating Facility has a Nameplate Rating greater than
ten (10) megawatts, PG&E shall provide, at Seller's expense,
telemetering equipment pursuant to Section 11.3.
(i) PG&E may require Seller, at Seller's expense, to demonstrate to
PG&E's satisfaction the correct
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calibration and operation of Seller's Protective Apparatus at any
time PG&E has reason to believe that said Protective Apparatus may
impair the PG&E Electric System Integrity.
6.4 Maintenance
(a) Seller shall maintain the Generating Facility in accordance with
Prudent Electrical Practices.
(b) Seller shall notify PG&E (1) by January 1, May 1, and September 1 of
each year, of the estimated scheduled maintenance and estimated daily
energy and capacity deliveries for the succeeding four months and (2)
by September 1 of each year, of the estimated scheduled maintenance
and estimated daily energy and capacity deliveries for the following
calendar year.
7. OPERATING OPTIONS
7.1 Seller shall operate the Generating Facility in parallel
with PG&E's electric system pursuant to one of the following
options as designated in Section 1.6:
(a) Operating Option I (Buy/Sell): Seller sells the entire Generating
Facility output less Station Use to PG&E.
(b) Operating option II (Surplus Sale): Seller sells Generating Facility
output, less Station Use and any other use by Seller, to PG&E.
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7.2 Seller may convert from Operating Option I to Operating Option II, or
vice versa, no earlier than twelve (12) months after execution of
this Agreement, and thereafter no earlier than twelve (12) months
after the effective date of the most recent conversion, subject to
the following conditions:
(a) Seller shall provide PG&E with a written request to convert its
operating option.
(b) Seller shall comply with all applicable tariffs and rules on file
with the CPUC and contracts in effect between the Parties at the time
of conversion covering the existing and proposed (1) facilities used
to serve Seller's premises and (2) Interconnection Facilities.
(c) Seller shall bear the expense necessary to install, own, and maintain
any needed additional interconnection facilities in accordance with
PG&E's applicable tariffs and rules on file with the CPUC.
7.3 If, as a result of an operating option conversion, Seller no longer
requires the use of Interconnection Facilities installed and/or
operated and maintained by PG&E as Special Facilities under an
agreement for Special Facilities, Seller may either:
(a) Reserve these facilities, for its future use, by continuing its
performance under its agreement for Special Facilities; or
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(b) If Seller does not wish to reserve such facilities, it may
terminate its agreement for Special Facilities in accordance with the
terms of that agreement. If Seller's operating option conversion
results in its discontinuation of its use of PG&E facilities not
covered by the agreement for Special Facilities, Seller shall not
reserve those facilities for future use. Seller's future use of such
facilities shall be contingent upon the availability of such
facilities at the xxxx Xxxxxx requests such use. If such facilities
are not available, Seller shall bear the expense necessary to
install, own, and maintain the needed additional facilities in
accordance with PG&E's applicable tariffs and rules on file with the
CPUC.
7.4 Unless provided for pursuant to Section 7.3 above, PG&E shall not be
required to remove or reserve capacity of Interconnection Facilities
made idle by a change in operating options. PG&E may, without
penalty, dedicate any such Interconnection Facilities idled by
Seller's change in operating option at any time to serve customers or
to interconnect with other electric power sources.
7.5 PG&E shall process requests for operating option conversion in the
order received and institute any changes made necessary by such
request in as reasonably expeditious manner as possible given other
PG&E commitments. The effective date of conversion shall be
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the date PG&E completes all of the changes required to accommodate
Seller's operating option conversion. Notwithstanding this Section
7.5, Seller may convert from Operating Option I to Operating Option
II, or vice versa, no earlier than twelve (12) months after execution
of this Agreement, and thereafter no earlier than twelve (12) months
after the effective date of the most recent conversion.
7.6 Seller agrees to use reasonable efforts and shall take no action which
would encumber, impair or diminish Seller's ability to deliver to
PG&E As-Available Capacity and the energy associated with that
capacity. Seller acknowledges that it intends no other use for the
generation committed to PG&E under this Agreement than expressly set
forth in Sections 1.6 and 1.10 of this Agreement.
8. INTERCONNECTION FACILITIES
8.1 The Parties have executed an agreement for Special Facilities which
shall provide for the ownership, construction, operation and
maintenance of the Interconnection Facilities pursuant to PG&E's
Electric Rule No. 21.
8.2 The Interconnection Facilities for which Seller is responsible and
the Point of Delivery shall be set forth either in equipment lists or
by appropriate one-line
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diagrams which shall be attached to the agreement for Special
Facilities.
8.3 Seller, at Seller's sole expense, shall acquire all permits and
approvals and complete all environmental impact studies necessary for
the design, construction, installation, operation, and maintenance of
the Interconnection Facilities other than Special Facilities.
8.4 [omitted]
8.5 Seller shall provide written notice to PG&E at least fourteen (14)
calendar days prior to the initial and subsequent testing of Seller's
Protective Apparatus. Seller's Protective Apparatus shall be tested
thereafter at intervals not to exceed three (3) years using qualified
personnel. PG&E shall have the right to have a representative present
at the initial and subsequent testing of Seller's Protective
Apparatus and to receive copies of the test results.
8.6 Seller shall be allocated existing line capacity in accordance with
PG&E's Electric Rule No. 21.
8.7 Seller shall be solely responsible for the design, purchase,
construction, operation, and maintenance of the Interconnection
Facilities, owned by Seller, necessary to protect PG&E's electric
system, employees and customers from damage or injury arising out of
or connected with the operation of the Generating Facility. Seller
shall
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operate and maintain the Interconnection Facilities owned by Seller
in accordance with Prudent Electrical Practices.
8.8 Seller shall provide to PG&E Seller's electrical specifications and
design drawings pertaining to the Interconnection Facilities for
PG&E's review prior to finalizing design of the Interconnection
Facilities and before beginning construction work based on such
specification and drawings. Seller shall provide to PG&E reasonable
advance written notice of any changes in the Interconnection
Facilities and provide to PG&E specifications and design drawings of
any such changes for PG&E's review and approval. PG&E may require
modifications to such specifications and designs as it deems
necessary to allow PG&E to operate PG&E's system in accordance with
Prudent Electrical Practices.
8.9 Seller shall pay for any changes in the Interconnection Facilities as
may be reasonably required to meet the changing requirements of the
PG&E system in accordance with PG&E's Electric Rule No. 21.
9. REVIEW AND DISCLAIMER
9.1 Review by PG&E of the design, construction, operation, or maintenance
of Seller's Interconnection Facilities except Special Facilities or
Generating Facility shall not constitute any representation as to the
economic or technical feasibility, operational capability, or
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reliability of such facilities. Seller shall in no way represent to
any third party that any such review by PG&E of such facilities
including but not limited to any review of the design, construction,
operation; or maintenance of such facilities by PG&E is a
representation by PG&E as to the economic or technical feasibility,
operational capability, or reliability of such facilities. Seller is
solely responsible for economic and technical feasibility,
operational capability, and reliability of Seller's Interconnection
Facilities except Special Facilities and the Generating Facility.
9.2 PG&E shall notify Seller in writing of the outcome of PG&E's review of
the design and all of the specifications, drawings, and explanatory
material for Seller's Interconnection Facilities except Special
Facilities (and the Generating Facility, if requested by PG&E) within
thirty (30) calendar days of the receipt of the design and all of the
specifications, drawings, and explanatory material for Seller's
Interconnection Facilities (and the Generating Facility, if requested
by PG&E). Any flaws in the design perceived by PG&E in the review of
all of the specifications, drawings, and explanatory material for
Seller's Interconnection Facilities (and the Generating Facility, if
requested by PG&E) shall be described in PG&E's written notification.
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10. REAL PROPERTY RIGHTS
10.1 Seller agrees to grant PG&E all necessary easements and rights of way,
including adequate and continuing access rights, on property of
Seller to transport, install, operate, maintain, replace, and remove
the Interconnection Facilities, and any equipment or line extension
that may be provided, owned, operated and maintained by PG&E on the
property of Seller. Seller agrees to grant such easements and rights
of way to PG&E at no cost and in a form satisfactory to PG&E and
capable of being recorded in the office of the County Recorder.
10.2 If any part of PG&E's Interconnection Facilities, equipment, and/or
line extension is to be installed on property owned by other than
Seller, or under the jurisdiction or control of any other individual,
agency or organization, PG&E may, at its discretion and at Seller's
cost and expense obtain necessary easements and from the owners
thereof all rights of way including adequate and continuing access
rights, and/or such other grants, consents and licenses, in a form
satisfactory to PG&E, fork the construction, operation, maintenance,
and replacement of PG&E's Interconnection Facilities, equipment,
and/or line extension upon such property. If PG&E does not elect to
obtain or cannot obtain such easements and rights of way, Seller
shall obtain them at its cost and expense. If Seller requests, PG&E
shall cooperate with and assist
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Seller in obtaining said easements and rights of way. In any event,
Seller shall reimburse PG&E for all costs incurred by PG&E in
obtaining, attempting to obtain or assisting in obtaining such
easements and rights of way
10.3 PG&E shall have the right of ingress to and egress from the
Generating Facility at all reasonable hours for any purposes
reasonably connected with this Agreement or the exercise of any and
all rights secured to PG&E by law or its tariff schedules and rules
on file with the CPUC.
10.4 PG&E shall have no obligation to Seller for any loss, liability,
damage, claim, cost, charge, or expense due to PG&E's inability to
acquire a satisfactory right of way, easement or other real property
interest necessary to PG&E's performance of its obligations under
this Agreement.
10.5 If Seller exercises due diligence to obtain easements and rights of
way for PG&E's Interconnection Facilities pursuant to Section 10.2,
and if PG&E in its sole discretion elects not to exercise its power
of eminent domain to acquire such easements and rights of way, Seller
shall have no obligation to PG&E for any loss, liability, damage,
claim, cost, charge or expense due to Seller's inability to acquire
such easements and rights of way.
10.6 Nothing in this Section 10 shall be construed to require PG&E to
acquire land rights through condemnation or any other means for
Seller either inside or outside of PG&E's
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service territory unless PG&E shall in its sole discretion
elect to do so.
11. METERING
11.1 All meters and equipment used for the measurement of power for
determining PG&E's payments to Seller pursuant to this Agreement
shall be provided, owned, and maintained by PG&E at Seller's sole
expense in accordance with PG&E's Electric Rule No. 21 attached
hereto.
11.2 All the meters and equipment used for measuring the power delivered
to PG&E shall be located on the side of the Interconnection
Facilities transformer as selected by Seller in section 1.7. If
Seller chooses to have meters placed on the low-voltage side of the
Interconnection Facilities transformer, a transformer loss
compensation factor will be applied. At Seller's sole expense,
manufacturer's certified test reports of transformer losses, in
accordance with current national standards, will be provided and used
to determine a transformer loss compensation factor, unless another
method for determination of transformer losses has been mutually
agreed upon to determine the actual measured value of losses.
11.3 Pursuant to PG&E's Electric Rule No. 21, telemetering shall be
required at Seller's expense if Seller's Generating Facility has a
Nameplate Rating greater
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than ten (10) MW.
11.4 PG&E's meters shall be sealed and the seals shall be broken
only when the meters are to be inspected, tested, or adjusted by
PG&E. Seller shall be given reasonable notice of testing and shall
have the right to have a representative present on such occasions.
11.5 PG&E shall inspect and test all meters upon their installation and
annually thereafter. At Seller's request and expense, PG&E shall
inspect or test a meter more frequently.
11.6 Metering equipment determined by PG&E to be inaccurate or defective
shall be repaired, adjusted, or replaced by PG&E such that the
metering accuracy of said equipment shall be within two (2) percent.
If a meter fails to register or if the measurement made by a meter
during a test varies by more than two (2) percent from the metering
standard used in the test, an adjustment shall be made correcting all
measurements made by the inaccurate meter for (a) the actual period
during which inaccurate measurements were made, if the period can be
determined, or if not, (b) the period immediately preceding the test
of the meter equal to one-half the time from the date of the last
previous test of the meter, provided that the period covered by the
correction shall not exceed six (6) months.
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12. QUALIFYING FACILITY STATUS AND PERMITS
12.1 Seller warrants that, beginning on the date of initial energy
deliveries and continuing until the end of this Agreement, the
Generating Facility shall meet the qualifying facility requirements
established as of the effective date of this Agreement by the Federal
Energy Regulatory Commission's rules (18 Code of Federal Regulations
Section 292) implementing the Public Utility Regulatory Policies Act
of 1978 (16 U.S.C.A. Sections 796, et seq.).
12.2 Seller shall reimburse PG&E for any loss of whatever kind which PG&E
incurs as a result of:
(a) Seller's failure to obtain or maintain any necessary permit or
approval, including completion of required environmental studies,
necessary for the construction, operation, and maintenance of the
Generating Facility.
(b) Seller's failure to comply with necessary permits and approvals
or with any applicable law. Seller's breach of that warranty in
Section 12.1 above.
12.3 If a loss of qualifying facility status occurs due to a change in the
law governing qualifying facility status occasioned by regulatory,
legislative, or judicial action, the Seller shall compensate PG&E for
any economic detriment incurred by PG&E should Seller choose not to
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make the changes necessary to continue its qualifying
facility status.
13. ENERGY PURCHASE
13.1 Subject to the terms and conditions of this Agreement, Seller shall
sell and deliver, at the Point of Delivery, and PG&E shall purchase
and accept delivery of, at the Point of Delivery, energy produced by
the Generating Facility as specified in Sections 1.6 and 1.7.
13.2 PG&E shall pay Seller for energy at prices equal to PG&E's Short-Run
Avoided Operating Costs.
13.3 Payment for energy shall be based on the time of delivery. The time
periods currently in effect are shown in Appendix A. Time period
definitions may change from time to time as determined by the CPUC.
13.4 PG&E has contracted to purchase the energy associated with the
Generating Facility of the Nameplate Rating described in Section
l.l(b) of this Agreement. If Seller installs a Generating Facility
with a Nameplate Rating greater than that specified in Section 1.1(b)
of this Agreement, PG&E shall not be required to accept or pay for
energy associated with the incremental increase in Nameplate Rating
under this Agreement.
13.5 Energy payments made to Seller pursuant to this Agreement will be
multiplied by an energy loss adjustment factor, as approved by the
CPUC. The currently applicable energy
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loss adjustment factors are shown in Appendix B.
14. CAPACITY PURCHASE
14.1 Subject to the terms and conditions of this Agreement, Seller shall
sell and deliver, at the Point of Delivery, and PG&E shall purchase
and accept delivery of, at the Point of Delivery, As-Available
Capacity produced by the Generating Facility, as specified in
Sections 1.6 and 1.7.
14.2 PG&E shall pay Seller for As-Available Capacity at prices authorized
from time to time by the CPUC and which are derived from PG&E's
avoided costs as approved by the CPUC.
14.3 Payment for capacity shall be based on time of delivery. The time
periods currently in effect are shown in Appendix A. Time period
definitions may change from time to time as determined by the CPUC.
14.4 PG&E has contracted to purchase the As-Available Capacity associated
with the Generating Facility of the Nameplate Rating described in
Section 1.1(b) of this Agreement. If Seller installs a Generating
Facility with a Nameplate Rating greater than that specified in
Section 1.1(b) of this Agreement, PG&E shall not be required to
accept or pay for As-Available Capacity associated with the
incremental increase in Nameplate Rating under this Agreement.
14.5 As-Available Capacity payments made to Seller pursuant to this
Agreement will be multiplied by a capacity loss
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adjustment factor, as approved by the CPUC. The currently applicable
capacity loss adjustment factors are shown in Appendix C.
15. CURTAILMENT
15.1 Hydro Spill
(a) In anticipation of a period of hydro spill conditions, as defined by
the CPUC, PG&E may notify Seller that any purchases of energy from
Seller during such period shall be at hydro savings prices quoted by
PG&E. If Seller delivers energy to PG&E during any such period,
Seller shall be paid hydro savings prices for those deliveries in
lieu of prices which would otherwise be applicable. The hydro savings
prices shall be calculated by PG&E using the following formula:
Hydro Savings Price = (AQF-S)/AQF X SOC (> 0 )
Where:
AQF = energy for each time period, in kWh, projected
to be available during hydro spill conditions
from all qualifying facilities under agreements
containing hydro savings price provisions;
S = potential energy for each time period, in kWh,
from PG&E hydro facilities which will be
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spilled if all AQF is delivered to PG&E; and SOC =
Short-Run Avoided Operating Cost
(b) PG&E shall give Seller notice of general periods when hydro spill
conditions are anticipated, and shall give Seller as much advance
notice as practical of any specific hydro spill period and the hydra
savings price which will be applicable during such period.
15.2 Negative Avoided Costs PG&E shall not be obligated to accept or pay
for and may require Seller with a Generating Facility with a
Nameplate Rating of one (1) megawatt or greater to interrupt or
reduce deliveries of energy and As-Available Capacity during any
period in which, due to operational circumstances, the acceptance of
deliveries of power from Seller will result in PG&E system costs
greater than those which PG&E would incur if it did not accept such
deliveries, but instead generated an equivalent amount of energy
itself; provided, however, that PG&E may not require Seller to
interrupt or reduce deliveries of, or refuse to pay for energy and
As-Available Capacity solely because PG&E's instantaneous avoided
cost is lower than the applicable energy price to be paid Seller
pursuant to this Agreement. As described in CPUC Decision No.
00-00-000 and Decision No. 00-00-000, and for illustrative purposes
only, an example of such a period is a period when PG&E would be
forced to shut down baseload or
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intermediate load plants in order to accept deliveries from Seller
and such baseload or intermediate load plants could not then be
restarted and brought up to their rated output to meet the next day's
peak load and PG&E would be required to utilize costly or less
efficient generation with faster start-up or make an expensive
emergency purchase of capacity to meet the demand that could have
been met by the baseload or intermediate load plants but for such
purchases from Seller, even if such purchases from Seller were at a
price of zero (0). Whenever possible, PG&E shall give Seller
reasonable notice of the possibility that interruption or reduction
of deliveries may be required.
15.3 Before interrupting or reducing deliveries under Section 15.2, and
before invoking hydro savings prices under Section 15.1, PG&E shall
take reasonable steps to make economy sales of surplus energy giving
rise to the condition. If such economy sales are made while the
surplus energy condition exists, Seller shall be paid at the economy
sales price obtained by PG&E in lieu of the otherwise applicable
prices.
15.4 If Seller is under Operating Option I and Seller elects not to sell
energy to PG&E at the hydro savings price pursuant to Section 15.1 or
when PG&E curtails deliveries of energy pursuant to Section 15.2,
Seller shall not use such energy to meet its electrical needs but
shall
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continue to purchase all its electrical needs from PG&E. If Seller is
under Operating Option II, Sections 15.1 or 15.2 shall only apply to
the excess Generating Facility output being delivered to PG&E, and
Seller can continue use of that generation it has retained for
Station Use and any other use by Seller.
16. INTERRUPTION OF DELIVERIES
16.1 PG&E shall not be obligated to accept or pay for and may require
Seller to interrupt or reduce deliveries of capacity and energy (a)
when necessary in order to construct, install, maintain, repair,
replace, remove, investigate, or inspect any of its equipment or any
part of its system; or (b) if it determines that interruption or
reduction is necessary because of an Emergency, forced outage, Force
Majeure, or compliance with Prudent Electrical Practices; provided
that PG&E shall not interrupt deliveries pursuant to this Section
solely in order to take advantage, or make purchases, of less
expensive energy elsewhere.
16.2 Notwithstanding any other provisions of this Agreement, if at any
time PG&E determines that, (a) continued parallel operation of the
Generating Facility may endanger PG&E personnel, (b) continued
parallel operation of the Generating Facility may endanger the PG&E
Electric System Integrity, or (c) Seller's Protective Apparatus is
not
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fully in service, PG&E shall have the right to disconnect the
Generating Facility from PG&E's system. The Generating Facility shall
remain disconnected until such time as PG&E is satisfied that the
condition(s) referenced in this Section 16 have been corrected.
16.3 Whenever possible, PG&E shall give Seller reasonable notice of the
possibility that interruption or reduction of deliveries may be
required.
17. PAYMENT AND BILLING
17.1 PG&E shall mail to Seller not later than thirty (30) calendar days
after the end of each monthly billing period (a) a statement showing
the energy and capacity delivered to PG&E during on-peak,
partial-peak, off-peak, and super-off-peak periods during the monthly
billing period, (b) PG&E's computation of the amount due Seller, and
(c) PG&E's check in payment of said amount.
17.2 PG&E reserves the right to provide Seller's statement concurrently
with any bill to Seller for electric service provided by PG&E to
Seller at the location specified in Section 1.1(c) or any bill to
Seller for any charges under this Agreement owing and unpaid by
Seller and to apply the value of PG&E's purchase of energy and
capacity toward such bill(s). Seller shall pay any amount owing for
electric service provided by PG&E to Seller in
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accordance with applicable tariff schedules. Nothing in this Section
17.2 shall limit PG&E's rights under applicable tariff schedules.
17.3 In the event adjustments to payments are required as a result of
inaccurate meters, PG&E shall use the corrected measurements
described in Section 11.6 to recompute the amount due from PG&E to
Seller for the capacity and energy delivered under this Agreement
during the period of inaccuracy. Any refund due and payable to PG&E
resulting from inaccurate metering shall be made within thirty (30)
calendar days of written notification to Seller by PG&E of the amount
due. Any additional payment to Seller resulting from inaccurate
metering shall be made within thirty (30) calendar days of PG&E's
recomputation of the amount due from PG&E to Seller.
17.4 Monthly charges associated with Interconnection Facilities shall be
billed pursuant to the agreement for Special Facilities and
applicable tariffs.
18. INDEMNITY AND LIABILITY
18.1 Each Party as indemnitor shall defend, save harmless and indemnify
the other Party and the directors, officers, employees, and agents of
such Party against and from any and all loss, liability, damage,
claim, cost, charge, demand, or expense (including any direct,
indirect, or consequential loss, liability, damage, claim, cost,
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charge, demand, or expense, including attorneys' fees) for injury or
death to persons, including employees of either Party, and damage to
property including property of either Party arising out of or in
connection with (a) the engineering, design, construction,
maintenance, repair, operation, supervision, inspection, testing,
protection or ownership of, or (b) the making of replacements,
additions, betterments to, or reconstruction of, the indemnitor's
facilities; provided, however, Seller's duty to indemnify PG&E
hereunder shall not extend to loss, liability, damage, claim, cost,
charge, demand, or expense resulting from interruptions in electrical
service to PG&E's customers other than Seller or electric customers
of Seller. This indemnity shall apply notwithstanding the active or
passive negligence of the indemnitee. However, neither Party shall be
indemnified hereunder for its loss, liability, damage, claim, cost,
charge, demand or expense resulting from its sole negligence or
willful misconduct.
18.2 Notwithstanding the indemnity of Section 18.1 and except for a Party's
willful misconduct or sole negligence, each Party shall be
responsible for damage to its facilities resulting from electrical
disturbances or faults.
18.3 Seller releases and shall defend, save harmless and indemnify PG&E
from any and all loss, liability, damage, claim, cost, charge, demand
or expense arising out of or
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in connection with any representation made by Seller inconsistent
with Section 9.1.
18.4 The provisions of this Section 18 shall not be construed to
relieve any insurer of its obligations to pay any insurance claims in
accordance with the provisions of any valid insurance policy.
18.5 Except as otherwise provided in Section 18.1, neither Party shall be
liable to the other Party for consequential damages incurred by that
Party.
18.6 If Seller fails to comply with the provisions of Section 19, Seller
shall, at its own cost, defend, save harmless and indemnify PG&E, its
directors, officers, employees, and agents, assignees, and successors
in interest from and against any and all loss, liability, damage,
claim, cost, charge, demand, or expense of any kind or nature
(including any direct, indirect, or consequential loss, damage,
claim, cost, charge, demand, or expense, including attorneys' fees
and other costs of litigation), resulting from injury or death to any
person or damage to any property, including the personnel or property
of PG&E, to the extent that PG&E would have been protected had Seller
complied with all of the provisions of Section 19. The inclusion of
this Section 18.6 is not intended to create any express or implied
right in Seller to elect not to provide the insurance required under
Section 19.
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19. INSURANCE
19.1 In connection with the Generating Facility, associated land, land
rights, and interests in land, and with Seller's performance of and
obligations under this Agreement, Seller shall maintain, during the
term of the Agreement, General Liability Insurance with a combined
single limit of not less than: (a) one million dollars ($1,000,000)
for each occurrence if the Generating Facility is over one hundred
(100) kW; (b) five hundred thousand dollars ($500,000) for each
occurrence if the Generating Facility is over twenty (20) kW and less
than or equal to one hundred (100) kW; and (c) one hundred thousand
dollars ($100,000) for each occurrence if the Generating Facility is
twenty (20) kW or less. Such General Liability Insurance shall
include coverage for Premises-Operations, Owners and Contractors
Protective, Products/Completed Operations Hazard, Explosion,
Collapse, Underground, Contractual Liability, and Broad Form Property
Damage including Completed Operations.
19.2 The General Liability Insurance required in section 19.1 shall, by
endorsement to the policy or policies, (a) include PG&E as an
additional insured; (b) contain a severability of interest clause or
cross-liability clause; (c) provide that PG&E shall not by reason of
its inclusion as an additional insured incur liability to the
insurance carrier for payment of premium for such insurance; and (d)
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provide for thirty (30) calendar days written notice to PG&E prior to
cancellation, termination, alternation, or material change of such
insurance.
19.3 If the requirement of Section 19.2(a) prevents Seller from obtaining
the insurance required in Section 19.1, then upon written
notification by Seller to PG&E, Section 19.2(a) shall be waived.
19.4 Evidence of the insurance required in Section 19.1 shall state that
coverage provided is primary and is not in excess to or contributing
with any insurance or self-insurance maintained by PG&E.
19.5 PG&E shall have the right to inspect or obtain a copy of the original
policy or policies of insurance.
19.6 Seller shall furnish the required certificates and endorsements to
PG&E prior to Initial Operation.
19.7 A Seller who is a self-insured governmental agency with an established
record of self-insurance may comply with the following in lieu of
Sections 19.1 through 19.6: (a) Seller shall provide to PG&E at least
thirty (30) calendar days prior to the date of Initial Operation
evidence of an acceptable plan to self-insure to a level of coverage
equivalent to that required under Section 19.1. (b) If Seller ceases
to self-insure to the level required hereunder, or if the Seller is
unable to provide continuing evidence of Seller's ability to self
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insure, Seller shall immediately obtain the coverage required under
Section 19.1.
19.8 All insurance certificates, statements of self insurance,
endorsements, cancellations, terminations, alterations, and material
changes of such insurance shall be issued and submitted to the
following:
Pacific Gas and Electric Company
Manager - Power Contracts
00 Xxxxx Xxxxxx, Mail Code: B23C
P.O. Box 770000
San Francisco, CA 94177
20. FORCE MAJEURE
20.1 If either Party because of Force Majeure is unable to
perform its obligations under this Agreement, that Party
shall be excused from whatever performance is affected by
the Force Majeure to the extent so affected, except as to
obligations to pay money, provided that:
(a) The non-performing Party, within two weeks after the
commencement of the Force Majeure, gives the other
Party written notice describing the particulars of
the occurrence.
(b) The suspension of performance is of no greater scope
and of no longer duration than is required by the
Force Majeure.
(c) The non-performing Party uses its best efforts to
remedy its inability to perform.
20.2 When the non-performing Party is able to resume
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performance of its obligations under this Agreement, that Party shall
give the other Party written notice to that effect.
20.3 This Section 20 shall not require the settlement of any strike,
walkout, lockout or other labor dispute on terms which, in the sole
judgment of the Party involved in the dispute, are contrary to its
interest. It is understood and agreed that the settlement of strikes,
walkouts, lockouts or other labor disputes shall be at the sole
discretion of the Party having the difficulty.
20.4 In the event a Party is unable to perform due to legislative,
judicial, or regulatory agency action, this Agreement shall be
renegotiated to comply with the legal change which caused the
non-performance.
//
//
//
21. REVIEW OF RECORDS AND DATA Each Party, after giving written
notice to the other Party, shall have the right to review and obtain
copies of metering records and operations and maintenance logs of the
Generating Facility.
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22. ASSIGNMENT Neither Party shall voluntarily assign its rights nor
delegate its duties under this Agreement without the written consent
of the other Party, except in connection with the sale or merger of a
substantial portion of its properties. Any such assignment or
delegation made without such written consent shall be null and void.
Consent for assignment shall not be withheld unreasonably.
23. ABANDONMENT
23.1 If, in any six (6) month period, Seller fails to deliver to PG&E
at least the number of kilowatt-hours derived from the product of
four-hundred and thirty-eight (438) hours
times the Nameplate Rating, less any capacity dedicated other use as
specified in Sections 1.6 and 1.10, times the appropriate effective
capacity conversion factor listed in Appendix G.
Seller shall provide to PG&E all of the following:
(a) a written description of the reasons for Seller's low level of
performance;
(b) a summary of the action Seller is taking to improve its
performance; and
(c) a schedule for increasing seller's deliveries.
23.2 In any fifteen (15) month period, Seller shall deliver to PG&E
not less than the number of kilowatt hours derived
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from the product of one thousand and ninety-five (1,095) hours times
the Nameplate Rating (less any capacity dedicated to other use as
specified in sections 1.6 and l.l0) times the appropriate effective
capacity conversion factor listed in Appendix G. If for any reason,
Seller fails to deliver this minimum amount, PG&E may terminate this
Agreement on written notice.
24. NON-DEDICATION
No undertaking by one Party to the other under any provision of this
Agreement shall constitute the dedication of that Party's system or
any portion thereof to the other Party or to the public or affect the
status of PG&E as an independent public utility corporation or Seller
as an independent individual or entity and not a public utility.
25. NON-WAIVER
None of the provisions of the Agreement shall be considered waived by
either Party except when such waiver is given in writing. The failure
of any Party at any time or times to enforce any right or obligation
with respect to any matter arising in connection with this Agreement
shall not constitute a waiver as to future enforcement of that right
or obligation or any right or obligation of this Agreement.
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26. SECTION HEADINGS
Section headings appearing in this Agreement are inserted for
convenience only and shall not be construed as interpretations of
text.
27. GOVERNING LAW This Agreement shall be interpreted, governed, and
construed under the laws of the State of California as if executed
and to be performed wholly within the State of California.
28. AMENDMENT, MODIFICATION OR WAIVER
Any amendments or modifications to this Agreement shall be in
writing and agreed to by both Parties. The failure of any Party at
any time or times to require performance of any provision hereof
shall in no manner affect the right at a later time to enforce the
same. No waiver by any Party of the breach of any term or covenant
contained in this Agreement, whether by conduct or otherwise, shall
be deemed to be construed as a further or continuing waiver of any
such breach or a waiver of the breach of any other term or covenant
unless such waiver is in writing.
29. SEVERAL OBLIGATIONS
Except where specifically stated in this Agreement to be otherwise,
the duties, obligations, and liabilities of the
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Parties are intended to be several and not joint or collective.
Nothing contained in this Agreement shall be construed to create an
association, trust, partnership, or joint venture or impose a trust
or partnership duty, obligation, or liability on or with regard to
either Party. Each Party shall be liable individually and severally
for its own obligations under this Agreement.
30. SIGNATURES
IN WITNESS WHEREOF, the Parties hereto have caused two originals
of this Agreement to be executed by their duly authorized
representatives. This Agreement is effective as of January 16. 1997.
XXXXX PETROLEUM COMPANY
By Xxxxx X. Xxxxxxx
Title President and Chief Executive Officer
January 21, 1997
PACIFIC GAS AND ELECTRIC COMPANY
By X. X. Xxxxxx
Title Vice President and General Manager
February 4, 1997
48
APPENDIX A1
TABLE Al - TIME PERIODS
Monday Saturdays,
Through Sundays,
Friday2 and Holidays
Seasonal Period A
(May 1 - October 31)
Peak Noon None
to
6:00 p.m.
Partial-Peak 8:30 a.m. None
to noon
6:00 p.m.
to
9:30 p.m.
Off-Peak 9:30 p.m.
to
1:00 a.m.
5:00 a.m. 5:00 a.m.
to to
8:30 a.m. 1:00 a.m.
Super Off-Peak 1:00 a.m. 1:00 a.m.
to to
5:00 a.m. 5:00 a.m.
Seasonal Period B
(November 1 - April 30)
Partial Peak 8:30 a.m. None
to
9:30 p.m.
Off-Peak 9:30 p.m.
to
1:00 a.m.
5:00 a.m. 5:00 a.m.
to to
8:30 a.m. 1:00 a.m.
Super Off-Peak 1:00 a.m. 1:00 a.m.
to to
5:00 a.m. 5:00 a.m.
This table is subject to change to accord with the peak,
partial-peak, off-peak, and super off-peak periods as defined by CPUC
decision.
Except for the following holidays: New Years Day, Washington's
Birthday, Memorial Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving Day, and Christmas Day, as specified in Public Law
90-363 (5 U.S.C.A. Section 6103(a)).
A-1
APPENDIX B
Table B
Energy Loss Adjustment Factors (1)
Primary Secondary
Transmission Distribution Distribution
Seasonal Period A
(May 1 through
October 31)
On-Peak 1.0 1.0 1.0148
Partial-Peak 1.0 1.0 1.0131
Off-Peak 1.0 1.0 1.0093
Super Off-Peak 1.0 1.0 1.0093
Seasonal Period B
(November 1 through
April 30)
On-Peak N/A N/A N/A
Partial-Peak 1.0 1.0 1.0119
Off-Peak 1.0 1.0 1.0087
Super Off-Peak 1.0 1.0 1.0087
1. The applicable energy loss adjustment factors may be revised
pursuant to orders of the CPUC .
B-1
APPENDIX C
Table C
Capacity Loss Adjustment Factors
For Non-Remote Facilities
Voltage Level Loss Adjustment Factor
Transmission 0.989
Primary Distribution 0.991
Secondary Distribution 0.991
If the Generating Facility is remote, the capacity loss adjustment
factor is: (2)
1) The capacity loss adjustment factor non-remote Generating
Facilities are subject to change pursuant to orders of the CPUC.
2) The capacity loss adjustment factors for remote Generating
Facilities are determined individually.
C - 1
APPENDIX D
APPENDIX D
PACIFIC GAS AND ELECTRIC COMPANY'S
ELECTRIC RULE 21
D1
Pacific Gas and Electric Company
San Francisco, Califomia
Revised Cal. P.U.C. Sheet No. 11410-E
Cancelling Revised Cal. P.U.C. Sheet No. 9737-E
RULE 21--NONUTILITY-OWNED PARALLEL GENERATION
This describes the minimum operation, metering and interconnection
requirements for any generating source or sources paralleled with
PG&E's electric system. Such source or sources may include, but are
not limited to, hydroelectric generators, wind-turbine generators,
steam or gas-driven turbine generators and photovoltaic systems.
A. GENERAL
1. The type of interconnection and voltage available at any location and
PG&E's specific interconnection requirements shall be determined by
inquiry at PG&E's local office.
2. The Power Producer (Producer) will normally connect to PG&E's
facilities at or above the minimum nominal voltage indicated in the
table below.
Net Generator Output Minimum Nominal Voltage
(MVA) (kv)
0 to less than 12 None
12 to less than 30 60, 70
30 to less than 90 115
90 to less than 250 230
greater than 250 To be determined on a case-by-case basis
PG&E shall determine where the Producer may connect to its system.
Any deviation from this table shall be at the sole discretion of
PG&E.
3. The Producer shall ascertain and be responsible for compliance
with the requirements of all governmental authorities having
jurisdiction.
D2
RULE 21- NONUTILITY-OWNED PARALLEL GENERATION
(Continued)
Advice letter No. 1310-E Decision No.
Issued by
Xxxxxx X. Xxxxx/
Vice President and
Chief Financial Officer
Date Filed July 31, 1990
Effective September 9, 1990
Resolution No.
9/15/95
B2
RULE 21--NONUTILITY-OWNED PARALLEL GENERATION
(Continued)
GENERAL (Cont'd.)
4. The Producer shall sign PG&E's written form of power purchase
agreement or parallel operation agreement and a "Standard Operating
Agreement for Facilities 40 kw and Larger" before connecting or
operating a generating source in parallel with PG&E's system.
5. The Producer shall be fully responsible for the costs of
designing, installing, owning, operating and maintaining all
interconnection facilities defined in Section B.1.
6. The Producer shall submit to PG&E, for PG&E's review and written
acceptance, equipment specifications and detailed plans for the
installation of all interconnection facilities to be furnished by the
Producer prior to their purchase or installation. PG&E's review and
written acceptance of the Producer's equipment specifications and
detailed plans shall not be construed as confirming or endorsing the
Producer's design or as warranting the equipment's safety, durability
or reliability. PG&E shall not, by reason of such review or lack of
review, be responsible for strength, details of design adequacy, or
capacity of equipment built pursuant to such specifications, nor
shall PG&E's acceptance be deemed an endorsement of any such
equipment.
7. No generating source shall be operated in parallel with PG&E's
system until the interconnection facilities have been inspected by
PG&E and PG&E has provided written approval to the Producer.
8. Only duly authorized employees of PG&E are allowed to connect
Producer-installed interconnection facilities to, or disconnect the
same from, PG&E's facilities.
(Continued)
B3
RULE 21--NONUTILITY-OWNED PARALLEL GENERATION
(Continued)
B. INTERCONNECTION FACILITIES
1. GENERAL
Interconnection facilities are all means required, and apparatus
installed, to interconnect the Producer's generation with PG&E's
system. Where the Producer desires to sell power to PG&E,
interconnection facilities are also all means required, and apparatus
installed, to enable PG&E to receive power deliveries from the
Producer. Interconnection facilities may include, but are not limited
to:
a. connection, transformation, switching, metering, communications,
control, protective and safety equipment; and
b. any necessary additions to and reinforcements of PG&E's system by
PG&E. Interconnection facilities shall be categorized as either:
1) Producer-Specific Facilities -- those interconnection facilities
that have a direct benefit only to the Producer(s).
2) Multipurpose Facilities -- those interconnection facilities that
have a direct benefit to PG&E's system as well as the Producer(s).
2. CONTROL, PROTECTION AND SAFETY EQUIPMENT
a. GENERAL: PG&E has established functional requirements essential for
safe and reliable parallel operation of the Producer's generation.
These requirements provide for control, protective and safety
equipment to:
B4
RULE 21--NONUTILITY-OWNED PARALLEL GENERATION
(Continued)
INTERCONNECTION FACILITIES (Cont'd.)
CONTROL, PROTECTION AND SAFETY EQUIPMENT (Cont'd.)
a. GENERAL (Cont'd.)
1) sense and properly react to failure and malfunction on PG&E's system;
2) assist PG&E in maintaining its system integrity and reliability; and
3) protect the safety of the public and PG&E's personnel.
b. Listed below are the various devices and features generally required
by PG&E as a prerequisite to parallel operation of the Producer's
generation:
B5
RULE 21--NONUTILITY-OWNED PARALLEL GENERATION
(Continued)
B. INTERCONNECTION FACILITIES (Cont'd.)
2. CONTROL, PROTECTION AND SAFETY EQUIPMENT (Cont'd.)
b. (Cont'd.)
GENERATOR SIZE
Device 10 kW or 11 kW to 41 kW to 101 kW to 401 kW to Over
or Feature Less 40 kw 100 kW 400 kW 1.000 kW 1.000kW
Dedicated - X X X X X
Transformer2
Interconnection X X X X X X
Disconnect
Device
Generator X X X X X X
Circuit
Breaker
Over-voltage X X X X X X
Protection
Under-voltage - - X X X X
Protection
Under/Over X X X X X X
Frequency
Protection
Ground Fault - - X X X X
Protection
Over-current - - - - X X
Relay w/Voltage
Restraint
Synchro-
nizing3 Manual Manual Manual Manual Manual Automatic
Power Factor - - X X X X
or Voltage
Regulation
Equipment
Fault X X X
Interrupting
Device 4
1. Detailed requirements are specified in PG&E's current operating,
metering and equipment protection publications, as revised from time
to time by PG&E and available to the Producer upon request. For a
particular generator application, PG&E will furnish its specific
control, protective and safety requirements to the Producer after the
exact location of the generator has been agreed upon and the
interconnection voltage level has been established.
(Continued)
B6
RULE 21--NONUTILITY-OWNED PARALLEL GENERATION
(Continued)
INTERCONNECTION FACILITIES (Cont'd.)
CONTROL, PROTECTION AND SAFETY EQUIPMENT (Cont'd.)
b. (Cont'd.)
2. This is a transformer interconnected with no other Producers and
serving no other Utility customers. Although the dedicated
transformer is not a requirement for generators rated 10 kW or less,
its installation is recommended by PG&E.
3. This is a requirement for synchronous and other types of
generators with stand-alone capability. For all such generators, PG&E
will also require the installation of "reclose blocking" features on
its system to block certain operations of PG&E's automatic line
restoration equipment.
4. To be installed by the Producer at the point where his ownership
changes with PG&E.
(Continued)
B7
RULE 21--NONUTILITY-OWNED PARALLEL GENERATION
(Continued)
B. INTERCONNECTION FACILITIES (Cont'd.)
2. CONTROL, PROTECTION AND SAFETY EQUIPMENT (Cont'd.)
c. DISCONNECT DEVICE
The Producer shall provide, install, own and maintain the
interconnection disconnect device required by Section B.2.b at a
location readily accessible to PG&E. Such device shall normally be
located near PG&E's meter or meters for sole operation by PG&E. The
interconnection disconnect device and its precise location shall be
specified by PG&E. At the Producer's option and request, PG&E will
provide, install, own and maintain the disconnect device on PG&E's
system as special facilities in accordance with Section F.
3. METERING
a. A Producer desiring to sell power to PG&E shall provide, install,
own and maintain all facilities necessary to accommodate metering
equipment specified by PG&E. Such metering equipment may include
meters, telemetering (applicable where deliveries to the utility
exceed 10 mw) and other recording and data to PG&E. Except as
provided for in Section B.3.b following, PG&E shall provide, install,
own and maintain all metering equipment as special facilities in
accordance with Section F.
b. The Producer may at its option provide, install, own and maintain
current and potential transformers rated above 600 volts and a
non-revenue type graphic recorded where applicable. Such metering
equipment, its installation and maintenance shall all be in
conformance with PG&E's specifications.
(Continued)
B8
RULE 21--NONUTILITY-OWNED PARALLEL GENERATION
(Continued)
INTERCONNECTION FACILITIES (Cont'd.)
METERING (Cont'd.)
c. If the nameplate rating of the Producer's generating facility is
greater than one (1) megawatt, PG&E may require Producer to measure
and register, on a graphic recording device, power in kw and voltage
in kv at a location within the generating facility agreed to by both
parties.
d. PG&E's meters shall be equipped with detents to prevent reverse
registration so that power deliveries to and from the Producer's
equipment can be separately recorded.
4. UTILITY SYSTEM ADDITIONS AND REINFORCEMENTS
a. Except as provided for in Section B.5, all additions to and
reinforcements of PG&E's system necessary to interconnect with and
receive power deliveries from the Producer's generation will be
provided, installed, owned and maintained by PG&E. All prudent and
reasonable costs of multipurpose facilities are the responsibility of
PG&E. Costs of all producer-specific facilities and costs of those
multipurpose facilities which are not deemed prudent and reasonable
are the responsibility of the Producer(s) and will be billed as
special facilities in accordance with Section F.
b. The Producer shall advance to PG&E its estimated costs of performing
a preliminary or detailed engineering study as may be reasonably
required to identify and Producer-Related Utility system additions
and reinforcements. Where the Producer has requested a detailed
study, PG&E will complete its study within 120 days of receiving all
necessary plans, specifications and fees from the Producer.
(Continued)
B9
RULE 21--NONUTILITY-OWNED PARALLEL GENERATION
(Continued)
B. INTERCONNECTION FACILITIES (Contid.)
5. PRODUCER-INSTALLED UTILITY-OWNED LINE EXTENSIONS
The Producer may at its option employ a qualified
contractor/subcontractor (as defined in Rule 1) to provide and
install an extension of PG&E's distribution or transmission lines
where required to complete the Producer's interconnection with PG&E.
Such extension shall be installed in accordance with PG&E's design
and specifications. The Producer shall pay PG&E PG&E's estimated
costs of design, administration compliance with PG&E's requirements.
Upon final inspection and acceptance by PG&E, the Producer shall
transfer ownership of the line extension and it shall be owned and
maintained as special facilities in accordance with Section F. This
provision does not preclude the Producer from installing owning and
maintaining a distribution or transmission line extension as part of
its other Producer-owned interconnection facilities.
6. COSTS OF FUTURE UTILITY SYSTEM ALTERATIONS
The Producer shall be responsible for the costs of only those future
Utility system alterations which are directly related to the
Producer's presence or necessary to maintain the Producer's
interconnection in accordance with PG&E's applicable operating,
metering and equipment publication in effect when the Producer and
PG&E entered into a written form of power purchase agreement. Such
alterations may include, but are not limited to, relocation or
undergrounding of PG&E's distribution or transmission facilities as
may be ordered by a governmental authority having jurisdiction.
Alterations made at the Producer's expense shall specifically exclude
increase of existing line capacity necessary to accommodate other
Producers or PG&E customers.
(Continued)
B10
RULE 21--NONUTILITY-OWNED PARALLEL GENERATION
(Continued)
INTERCONNECTION FACILITIES (Cont'd.)
ALLOCATION OF PG&E'S EXISTING LINE CAPACITY
a. Producers seeking access to limited transmission and/or distribution
line capacity for power deliveries shall establish and maintain an
interconnection priority in accordance with the Qualifying Facilities
Milestone Procedure (QFMP) as adopted in Commission Decision No.
00-00-000 in OII 00-00-000 and as modified in subsequent decisions.
Such priority will be site- and project-specific and may not be
transferred to other projects or locations. Failure to meet any QFMP
milestone may result in termination of the power purchase agreement
and loss of interconnection priority.
b. The following Producers shall be exempt-from-QFMP-compliance
(1) projects of less than 100 kW design capacity;
(2) projects using all power internally; (3) projects with a special
facilities agreement executed prior to January 16, 1985; (4)
Producers that sign final Standard Offer 4 contracts; and (a)
Producers that sign Uniform Standard Offer 1.
c. For a Producer that (1) is not subject to the QFMP, and that (2)
signs a final Standard Offer 4, entitlement to available capacity on
PG&E's transmission/distribution system and a priority to such line
capacity is established as of the date that the Producer's bid is
determined to be a winner. The Producer thereafter retains its
priority so long as it does not default in performance of its
agreement.
d. Producers that sign Uniform Standard Offer 1 establish priority for
access to available capacity on PG&E's transmission/distribution
system as of the date the Producer pays the project fee and provides
information for and pays the cost of the Preliminary Interconnection
Study or the Interconnection Study in accordance with its power
purchase agreement.
(Continued)
B11
RULE 21--NONUTILITY-OWNED PARALLEL GENERATION
(Continued)
C. ELECTRIC SERVICE FROM PG&E
If the Producer requires regular, supplemental, interruptible or
standby service from PG&E, the Producer shall enter into separate
contractual arrangements with PG&E in accordance with PG&E's
applicable electric tariffs on file with and authorized by the Public
Utilities Commission.
D. OPERATION
1. PREPARALLEL INSPECTION
In accordance with Section A.7, PG&E will inspect the Producer's
interconnection facilities prior to providing it with written
authorization to commence parallel operation. Such inspection shall
determine whether or not the Producer has installed certain control,
protective and safety equipment to PG&E's specifications. Where the
Producer's generation has a rated output in excess of 100 kW, the
Producer shall pay PG&E its estimated costs of performing the
inspection.
2. JURISDICTION OF PG&E'S SYSTEM DISPATCHER
The Producer's generation while operating in parallel with PG&E's
system is at all times under the jurisdiction of PG&E's system
dispatcher. The system dispatcher shall normally delegate such
control to PG&E's designated switching center.
3. COMMUNICATIONS
The Producer shall maintain telephone service from the local
telephone company to the location of the Producer's generation. In
the event such location is remote or unattended, telephone service
shall be provided to the nearest building normally occupied by the
Producer's generator operator. PG&E and the Producer shall maintain
operating communications through PG&E's designated switching center.
(Continued)
B12
RULE 21--NONUTILITY-OWNED PARALLEL GENERATION
D. OPERATION (Cont'd.)
4. GENERATOR LOG
The Producer shall at all times keep and maintain a detailed
generator operations log. Such log shall include, but not be limited
to, information on unit availability, maintenance usages, circuit
breaker trip operations requiring manual reset and unusual events.
PG&E shall have the right to revise the producer's log.
5. REPORTING ABNORMAL CONDITIONS
PG&E shall advise the Producer of abnormal conditions which PG&E has
reason to believe could affect PG&E's operating conditions or
procedures. The Producer shall keep PG&E similarly informed.
6. POWER FACTOR
The Producer shall furnish reactive power as may be reasonably
required by PG&E.
a. PG&E will specify that generators with power factor control
capability, including synchronous generators, be capable of operating
continuously at any power factor between 95 percent leading
(absorbing vars) and 90 percent lagging (producing vars) at any
voltage level within +- 5.0 percent of rated voltage. For other types
of generators with no inherent power factor control capability, PG&E
reserves the right to specify the installation of capacitors by the
Producer to correct generator output to near 95 percent leading power
factor. PG&E may also require the installation of switched capacitors
on its system to produce the amount of reactive support equivalent to
that provided by operating a synchronous generator of the same size.
1) Detailed requirements are specified in PG&E's current operating,
metering equipment protection publications, as revised from time to
time by PG&E and available to the Producer upon request. For a
particular generator application, PG&E will furnish its specific
control, protective and safety requirements to the Producer after the
exact location of the generator has been agreed upon and the
interconnection voltage level has been established.
(Continued)
B13
RULE 21--NONUTILITY-OWNED PARALLEL GENERATION
(Continued)
D. OPERATION (Cont'd.)
6. POWER FACTOR (Cont'd.)
b. Where either the Producer or PG&E determines that it is not practical
for the Producer to furnish PG&E's required level of reactive power
or when PG&E specifies switched capacitors in its system pursuant to
Section D.6.a, PG&E will provide, install, own and maintain the
necessary devices on its system in accordance with Section F.
E. INTERFERENCE WITH SERVICE AND COMMUNICATION FACILITIES
1. GENERAL
PG&E reserves the right to refuse to connect to any new equipment or
to remain connected to any existing equipment of a size or character
that may be detrimental to PG&E's operations or service to its
customers.
2. The Producer shall not operate equipment that superimposes upon
PG&E's system a voltage or current which causes interference with
PG&E's operations, service to PG&E's customers or interference to
communication facilities. If the Producer causes service interference
to others, the Producer must diligently pursue and take corrective
action at the Producer's expense after being given notice and
reasonable time to do so by PG&E. If the Producer does not take
timely corrective action, or continues to operate the equipment
causing the interference without restriction or limit, PG&E may,
without liability, disconnect the Producer's equipment from PG&E's
system until a suitable permanent solution provided by the Producer
is operational at the Producer's expense.
(Continued)
B14
RULE 21--NONUTILITY-OWNED PARALLEL GENERATION
(Continued)
F. SPECIAL FACILITIES
1. Where the Producer requests PG&E to furnish interconnection facilities or
where it is necessary to make additions to or reinforcements of PG&E's
system and PG&E agrees to do so, such facilities shall be deemed to be
special facilities and the costs thereof shall be borne by the Producer, in
accordance with Section B.4.a and B.4.b, including such continuing ownership
costs as may be applicable.
2. Special facilities are: (a) those facilities installed at the Producer's
request which PG&E does not normally furnish under its tariff schedule, or
(b) a prorata portion of existing facilities requested by the Producer,
allocated for the sole use of such Producer, which would not normally be
allocated for such sole use. Unless otherwise provided by PG&E's filed
tariff schedules, special facilities will be installed, owned and maintained
or allocated by PG&E as an accommodation to the Producer only if acceptable
for operation by PG&E and the reliability of service to PG&E's customers is
not impaired.
3. Special Facilities will be furnished under the terms and conditions of
PG&E's "Agreement for Installation or Allocation of Special Facilities for
Parallel Operation of Nonutility-owned Generation and/or Electrical Standby
Service" (Form 79-280), and its Appendix A, "Detail of Special Facilities
Charges" (Form 79-702). Prior to the Producer signing such an agreement,
PG&E shall provide the Producer with a breakdown of special facilities costs
in a form having detail sufficient for the information to be reasonably
understood by the Producer. The special facilities agreement will include,
but is not limited to, a binding quotation of charges to the Producer and
the following general terms and conditions:
(Continued)
B15
RULE 21--NONUTILITY-OWNED PARALLEL GENERATION
(Continued)
F. SPECIAL FACILITIES (Cont'd.)
3. (Cont'd.)
a. Where facilities are installed by PG&E for the Producer's use as
special facilities, the Producer shall advance to PG&E its estimated
installed cost of the special facilities. The amount advanced is
subject to the monthly ownership charge applicable to
customer-financed special facilities as set forth in Section 1 of
PG&E's Rule 2.
b. At the Producer's option, and where such Producer's generation is a
qualifying facility and the Producer has established credit worthiness
to PG&E's satisfaction, PG&E shall finance those special facilities it
deems to be removable and reusable equipment. Such equipment shall
include, but not be limited to, transformation, disconnection and
metering equipment.
c. Existing facilities allocated for the Producer's use as special
facilities and removable and reusable equipment financed by PG&E in
accordance with Section F.3.b are subject to the monthly ownership
charge applicable to Utility-financed special facilities as set forth
in Section 1 of Rule 2.
d. Where the Producer elects to install and deed to PG&E an extension of
PG&E's distribution or transmission lines for use as special
facilities in accordance with Section B.5, PG&E's estimate of the
installed cost of such extension shall be subject to the monthly
ownership charge applicable to customer-financed special facilities as
set forth in Section 1 of Rule 2.
1) A qualifying facility is one which meets the requirements
established by the Federal Energy Regulatory Commission's rules (18
Code of Federal Regulations 292) implementing the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C.A. 796, et seq.).
(Continued)
B16
RULE 21--NONUTILITY-OWNED PARALLEL GENERATION
(Continued)
F. SPECIAL FACILITIES (Cont'd.)
4. Where payment or collection of continuing monthly ownership charges is
not practicable, the Producer shall be required to make an equivalent
one-time payment in lieu of such monthly charges.
5. Costs of special facilities borne by the Producer may be subject to
downward adjustment when such special facilities are used to furnish
permanent service to a customer of PG&E. This adjustment will be based
upon the extension allowance or other such customer allowance which PG&E
would have utilized under its then applicable tariffs if the special
facilities did not otherwise exist. In no event shall such adjustment
exceed the original installed cost of that portion of the special
facilities used to serve a new customer. An adjustment, where applicable,
will consist of a refund applied to the Producer's initial payment for
special facilities and/or a corresponding reduction of the ownership
charge.
G. EXCEPTIONAL CASES
Where the application of this rule appears impractical or unjust, either
PG&E or the Producer may refer the matter to the Public Utilities
Commission for special rulings. The test for approving variations from
this rule will be proof of indifference to PG&E's ratepayers. The burden
of proof will fall to the party requesting the variance.
H. INCORPORATION INTO POWER PURCHASE AGREEMENTS
Pursuant to Decision No. 00-00-000, if in accordance with Section A.4
the Producer enters into a written form of power purchase agreement
with Utility, a copy of the Rule 21 in effect on the date of execution
will be appended to, and incorporated by reference into, such power
purchase agreement. The rule appended to such power purchase agreement
shall then be applicable for the term of the Producer's power purchase
agreement with PG&E. Subsequent revisions to this rule will not be
incorporated into the rule appended to such power purchase agreement.
APPENDIX E
APPENDIX E
[OMITTED]
APPENDIX F
APPENDIX F
SITE LOCATION METES AND BOUNDS DESCRIPTION
(including fax transmittal cover sheet from Xxxxx Petroleum)
XXXXX PETROLEUM COMPANY
Corporate Development
(000)000-0000
Number Of Pages (including this cover):
January 14, 1997
8:00 AM (PST)
Pacific Gas and Electric Company
Attn.: Xxx Xxxxx, Power Contracts
(000) 000 0000 fax
(415) 973-5601-voice
Xxxx Xxxxxxx
Vice President, Corporate Development
F2
SITE LOCATION METES AND BOUNDS DESCRIPTION
"All that portion of Section 28, T.12N., R.24W., S.B.B.&M, in the
County of Xxxx, State of California, more particularly described as
follows:
"Commencing at the S.W. corner of Section 31, T.32S., R.24E.,
M.D.B.&M.: thence S 89 degrees 12' 37" E, 497.89 feet; thence N 83
degrees 47' 58" E, 173.34 feet; thence S 89 degrees 07' 14" E, 20.00
feet; thence N 00 degrees 52' 46" E, 10.00 feet to the true point of
beginning; thence N 86 degrees 52' 46" E, 330.00 feet; thence S 15
degrees 55' 30" W. 189.52 feet; thence N 89 degrees 07' 14" W. 280.00
feet; thence N 00 degrees 52' 46" E, 160.00 feet to the true point of
beginning and containing 1.19 acres. "
P. 02
APPENDIX G
TABLE G
Effective Capacity Conversion Factors
Technology Conversion Factors
Biomass 0.40
Cogeneration 0.40
Geothermal 0.25
Hydroelectric 0.29
Solar 0.24
Wind 0.15
G-1
APPENDIX H
APPENDIX H
POINT OF DELIVERY SKETCH
(NOT REPRODUCED)
