Common use of Tolling Service Agreement Clause in Contracts

Tolling Service Agreement. ‌ Tolling Service Agreement bids must be for a fixed term at a stated price from a single resource which may be either coal or gas which is located in or delivering to PACE, and must be in the form of the Tolling Service Agreement (“TSA”) attached as Attachment 5. The facility from which the TSA is bid can be located on (a) a Bidder-supplied site, or (b) a PacifiCorp Ssite. In the event the Bidder proposes to locate a facility on a PacifiCorp Ssite(s), the Bidder must propose a TSA for an amount equal to no less than 85% of the facility’s dependable generating capacity, with such amount being no less than 420 MW nominal generating capacity, and a minimum term equal to or greater than 20 years or a maximum consistent with the IRP Tables C. 27 and C.28 life of the asset. Design evaluation criteria that the Company will use for bid screening and evaluation purposes can be located in Appendix C (Tables C.27 and C.28) of the IRP. The TSA Bidder should assume that the Company will not own or operate any facility bid into this category. All Bidders in this category must complete the information requested in Appendices C-1 and D. In the event a facility is proposed to be located on a PacifiCorp Ssite, the Bidder must negotiate and enter into a land purchase agreement acceptable to the Company, together with a Construction Coordination Agreement substantially in the formsubstantially in the form attached as Appendix H if and when the Bidder has been advised that they are on the Final Shortlist. THIS RFP 2012 IS NOT AN OFFER TO SELL A PACIFICORP SITE TO ANY BIDDER, AND IN NO EVENT WILL THE COMPANY BE OBLIGATED TO SELL A PACIFICORP SITE TO ANY BIDDER. ANY SALE OF A PACIFICORP SITE WILL BE SUBJECT TO THE NEGOTIATION, EXECUTION AND DELIVERY OF ALL AGREEMENTS AND OTHER DOCUMENTS NECESSARY AND PROPER FOR THE SALE OF PROPERTY, AND TO THE COMPANY’S SATISFACTION, IN ITS SOLE DISCRETION, THAT SUCH TRANSACTION WILL BE IN THE BEST INTERESTS OF THE COMPANY’S CUSTOMERS AND WILL NOT IMPAIR IN ANY MANNER THE COMPANY’S OPERATION OF ITS FACILITIES THEN LOCATED ON OR ADJACENT TO PACIFICORP’S SITES. At the Bidder’s request, the Company may agree to provide certain facility connection points at a PacifiCorp Ssite for facilities located at a PacifiCorp Ssite. The estimated cost and description of these points are contained in Attachments 7 and 8; however, actual costs to the Bidder may vary. The Bidder must specify in its bid whether the TSA will take the form of a financially settled physical TSA or physical TSA, if applicable. Provided the TSA is (1) a financially settled physical tolling arrangement, the Bidder will be responsible to purchase the fuel, transportation, fuel-related O&M, and start-up charges, if any, or (2) a physical tolling arrangement, the Company maywill supply the fuel. In the case of physical tolling arrangements, the Bidder maywill be responsible to for obtaining or demonstrate the ability to provide fuel, fuel transportation, long-term coal contract(s) and identify the coal quality in such contract(s), lime and/ or limestone for Air Quality Control System and, and/ or rail arrangements in quantities sufficient to operate the facility at its maximum capacity, and shall‌ make all necessary assignments of rights of such transportation rights to the Company for the term of the TSA. If a TSA Bidder proposes to locate a facility on a PacifiCorp Ssite, and the Bidder proposes the utilization of the existing natural gas lateral to the site, then the Company will accept only a physical tolling arrangement that does not adversely impact the Company’s existing fuel resource deliveries and cost at a PacifiCorp Ssite. PacifiCorp maintains contractual rights to 190,000 Dth/day of transportation capacity on each natural gas lateral connection to the Currant Creek and Lake Side sites. Assuming a capacity to burn natural gas at each plant of 95,000 Dth/day, PacifiCorp would release for such plant up to 95,000 Dth/day of transportation capacity on the respective laterals to each site. Bidders are not limited to a physical tolling arrangement on a PacifiCorp Ssite as the Bidder may make its own arrangements for delivery of natural gas to a PacifiCorp Ssite. Bidders should note that any proposal submitted in this category that proposes new construction of a generation facility must utilize the services of a single primary Contractor under a single engineer, procure, construct (EPC) contract or an equivalent structure which will not increase the risk of default by multiple contractors to the cCompany and its customers. . Any Contractor must be experienced with the type of facility being proposed and, in addition to any other credit provision described herein, this entity must have a Credit Rating that is BBB-/Baa3 or greater from S&P/Xxxxx’x or, if not publicly rated, an equivalent Credit Rating as determined by PacifiCorp Credit.

Tolling Service Agreement. ‌ Tolling Service Agreement bids must be for a fixed term at a stated price from a single resource which may be either coal or gas which is located in or delivering to PACE, and must be in the form of the Tolling Service Agreement (“TSA”) attached as Attachment 5. The facility from which the TSA is bid can be located on (a) a Bidder-supplied site, or (b) a PacifiCorp SsiteSite. In the event the Bidder proposes to locate a facility on a PacifiCorp Ssite(sSite(s), the Bidder must propose a TSA for an amount equal to no less than 85% of the facility’s dependable generating capacity, with such amount being no less than 420 MW nominal generating capacity, and a minimum term equal to or greater than 20 years or a maximum consistent with the IRP Tables C. 27 and C.28 life of the assetyears. Design evaluation criteria that the Company will use for bid screening and evaluation purposes can be located in Appendix C (Tables tables C.27 and C.28) of the IRP. The TSA Bidder should assume that the Company will not own or operate any facility bid into this category. All Bidders in this category must complete the information requested in Appendices C-1 and D. In the event a facility is proposed to be located on a PacifiCorp SsiteSite, the Bidder must negotiate and enter into a land purchase agreement acceptable to the Company, together with a Construction Coordination Agreement substantially in the formsubstantially in the form attached as Appendix H if and when the Bidder has been advised that they are on the Final Shortlist. H. THIS RFP 2012 2009 IS NOT AN OFFER TO SELL A PACIFICORP SITE TO ANY BIDDER, AND IN NO EVENT WILL THE COMPANY BE OBLIGATED TO SELL A PACIFICORP SITE TO ANY BIDDER. ANY SALE OF A PACIFICORP SITE WILL BE SUBJECT TO THE NEGOTIATION, EXECUTION AND DELIVERY OF ALL AGREEMENTS AND OTHER DOCUMENTS NECESSARY AND PROPER FOR THE SALE OF PROPERTY, AND TO THE COMPANY’S SATISFACTION, IN ITS SOLE DISCRETION, THAT SUCH TRANSACTION WILL BE IN THE BEST INTERESTS OF THE COMPANY’S CUSTOMERS AND WILL NOT IMPAIR IN ANY MANNER THE COMPANY’S OPERATION OF ITS FACILITIES THEN LOCATED ON OR ADJACENT TO PACIFICORP’S SITES. At the Bidder’s request, the Company may agree to provide certain facility connection points at a PacifiCorp Ssite Site for facilities located at a PacifiCorp SsiteSite. The estimated cost and description of these points are contained in Attachments 7 and 8; however, actual costs to the Bidder may vary. The Bidder must specify in its bid whether the TSA will take the form of a financially settled physical TSA financial or physical TSA, if applicable. Provided the TSA is (1) a financially settled physical financial tolling arrangement, the Bidder will be responsible to purchase the fuel, transportation, fuel-related O&M, and start-up charges, if any, or (2) a physical tolling arrangement, the Company maywill will supply the fuel. In the case of physical tolling arrangements, the Bidder maywill will be responsible to for obtaining or demonstrate the ability to provide fuel, fuel transportation, long-term coal contract(s) and identify the coal quality in such contract(s), lime and/ or limestone for Air Quality Control System and, and/ or rail arrangements transportation in quantities sufficient to operate the facility at its maximum capacity, and shall‌ shall make all necessary assignments of rights assignment of such transportation rights to the Company for the term of the TSA. If a TSA Bidder proposes to locate a facility on a PacifiCorp SsiteSite, and the Bidder proposes the utilization of the existing natural gas lateral to the site, then the Company will accept only a physical tolling arrangement that does not adversely impact the Company’s existing fuel resource deliveries and cost resources at a PacifiCorp Ssite. PacifiCorp maintains contractual rights to 190,000 Dth/day of transportation capacity on each natural gas lateral connection to the Currant Creek and Lake Side sites. Assuming a capacity to burn natural gas at each plant of 95,000 Dth/day, PacifiCorp would release for such plant up to 95,000 Dth/day of transportation capacity on the respective laterals to each siteSite. Bidders are not limited to a physical tolling arrangement on a PacifiCorp Ssite Site as the Bidder may make its own arrangements for delivery of natural gas to a PacifiCorp SsiteSite. Bidders should note that any proposal submitted in this category that proposes new construction of a generation facility must utilize the services of a single primary Contractor under a single engineer, procure, construct (EPC) contract or an equivalent structure which will not increase the risk of default by multiple contractors to the cCompany and its customers. contract. Any Contractor must be experienced with the type of facility being proposed and, in addition to any other credit provision described herein, this entity must have a Credit Rating that is BBB-/Baa3 or greater from S&P/Xxxxx’x or, if not publicly rated, an equivalent Credit Rating as determined by PacifiCorp Credit.

Tolling Service Agreement. ‌ Tolling Service Agreement bids must be for a fixed term at a stated price from a single resource which may be either coal or gas which is located in or delivering to PACE, and must be in the form of the Tolling Service Agreement (“TSA”) attached as Attachment 5. The facility from which the TSA is bid can be located on (a) a Bidder-supplied site, or (b) a PacifiCorp SsiteSite. In the event the Bidder proposes to locate a facility on a PacifiCorp Ssite(sSite(s), the Bidder must propose a TSA for an amount equal to no less than 85% of the facility’s dependable generating capacity, with such amount being no less than 420 MW nominal generating capacity, and a minimum term equal to or greater than 20 years or a maximum consistent with the IRP Tables Table C. 27 and C.28 life of the asset. Design evaluation criteria that the Company will use for bid screening and evaluation purposes can be located in Appendix C (Tables C.27 and C.28) of the IRP. The TSA Bidder should assume that the Company will not own or operate any facility bid into this category. All Bidders in this category must complete the information requested in Appendices C-1 and D. In the event a facility is proposed to be located on a PacifiCorp SsiteSite, the Bidder must negotiate and enter into a land purchase agreement acceptable to the Company, together with a Construction Coordination Agreement substantially in the formsubstantially in the form attached as Appendix H if and when the Bidder has been advised that they are on the Final Shortlist. H. THIS RFP 2012 IS NOT AN OFFER TO SELL A PACIFICORP SITE TO ANY BIDDER, AND IN NO EVENT WILL THE COMPANY BE OBLIGATED TO SELL A PACIFICORP SITE TO ANY BIDDER. ANY SALE OF A PACIFICORP SITE WILL BE SUBJECT TO THE NEGOTIATION, EXECUTION AND DELIVERY OF ALL AGREEMENTS AND OTHER DOCUMENTS NECESSARY AND PROPER FOR THE SALE OF PROPERTY, AND TO THE COMPANY’S SATISFACTION, IN ITS SOLE DISCRETION, THAT SUCH TRANSACTION WILL BE IN THE BEST INTERESTS OF THE COMPANY’S CUSTOMERS AND WILL NOT IMPAIR IN ANY MANNER THE COMPANY’S OPERATION OF ITS FACILITIES THEN LOCATED ON OR ADJACENT TO PACIFICORP’S SITES. At the Bidder’s request, the Company may agree to provide certain facility connection points at a PacifiCorp Ssite Site for facilities located at a PacifiCorp SsiteSite. The estimated cost and description of these points are contained in Attachments 7 and 8; however, actual costs to the Bidder may vary. The Bidder must specify in its bid whether the TSA will take the form of a financially settled physical TSA or physical TSA, if applicable. Provided the TSA is (1) a financially settled physical tolling arrangement, the Bidder will be responsible to purchase the fuel, transportation, fuel-related O&M, and start-up charges, if any, or (2) a physical tolling arrangement, the Company maywill will supply the fuel. In the case of physical tolling arrangements, the Bidder maywill will be responsible to for obtaining or demonstrate the ability to provide fuel, fuel transportation, long-term coal contract(s) and identify the coal quality in such contract(s), lime and/ or limestone for Air Quality Control System and, and/ or rail arrangements transportation in quantities sufficient to operate the facility at its maximum capacity, and shall‌ shall make all necessary assignments of rights assignment of such transportation rights to the Company for the term of the TSA. If a TSA Bidder proposes to locate a facility on a PacifiCorp SsiteSite, and the Bidder proposes the utilization of the existing natural gas lateral to the site, then the Company will accept only a physical tolling arrangement that does not adversely impact the Company’s existing fuel resource deliveries and cost at a PacifiCorp SsiteSite. PacifiCorp maintains contractual rights to 190,000 Dth/day of transportation capacity on each natural gas lateral connection to the Currant Creek and Lake Side sites. Assuming a capacity to burn natural gas at each plant of 95,000 Dth/day, PacifiCorp would release for such plant up to 95,000 Dth/day of transportation capacity on the respective laterals to each site. Bidders are not limited to a physical tolling arrangement on a PacifiCorp Ssite Site as the Bidder may make its own arrangements for delivery of natural gas to a PacifiCorp SsiteSite. Bidders should note that any proposal submitted in this category that proposes new construction of a generation facility must utilize the services of a single primary Contractor under a single engineer, procure, construct (EPC) contract or an equivalent structure which will not increase the risk of default by multiple contractors to the cCompany and its customers. contract. Any Contractor must be experienced with the type of facility being proposed and, in addition to any other credit provision described herein, this entity must have a Credit Rating that is BBB-/Baa3 or greater from S&P/Xxxxx’x or, if not publicly rated, an equivalent Credit Rating as determined by PacifiCorp Credit.