CONTRACT FOR ELECTRIC SERVICE
Exhibit 99.2
Account Rep: Xxx Xxxxx
Acct. #:
Acct. #:
CONTRACT FOR ELECTRIC SERVICE
THIS CONTRACT for electric service is entered into this 27th day of April, 2007,
(“Effective Date”) between Georgia Power Company (“Company”) and First United Ethanol, LLC
(“Customer”).
IN CONSIDERATION of the mutual agreements hereinafter contained, IT IS AGREED:
1. Scope. Company will supply electric service to Customer, and Customer will
purchase, receive and pay Company for such service in accordance with this Contract.
2. Rules, Regulations and Rates. Georgia state law and the rules, regulations and
applicable rate schedules of Company as may be filed with and regulated by the Georgia Public
Service Commission govern this service and are incorporated herein by reference. Such laws, rules,
regulations and rate schedules are subject to change during the term of this contract as provided
by law. Copies of current rules, regulations and applicable rate schedules are available from
Company upon request and may be attached to this Contract.
3. Term. The term of this Contract shall be five (5) year(s) from the commencement of
electric service under this Contract. The Contract shall continue in effect thereafter until
terminated by either party providing written notice to the other in accordance with the rules,
regulations and applicable rate schedules.
4. Service to Premises.
The characteristics of the service to be furnished under this Contract are as
follows:
a. Premises location: 0000 Xxxxx X. Xxxxxxx Xxxx, Xxxxxx, Xxxxxxx, 00000
b. Frequency: Approximately sixty (60) hertz
c. Voltage and Phase: 25 KV, 3 Phase
d. Delivery Point: Primary Meter
e. Rate Schedule(s):PLL/RTP-DA (for RTP Attach Terms and Conditions and CBL Agreement)
f. Service level: transmission
g. Rate Rider(s): FCR
h. Meter Totalization Terms and Conditions Attached: N/A
i. Commencement of electric service not later than: 12/31/2008
j. Contract Capacity: 21,000 KVA
k. Minimum billing demand: 903
b. Frequency: Approximately sixty (60) hertz
c. Voltage and Phase: 25 KV, 3 Phase
d. Delivery Point: Primary Meter
e. Rate Schedule(s):PLL/RTP-DA (for RTP Attach Terms and Conditions and CBL Agreement)
f. Service level: transmission
g. Rate Rider(s): FCR
h. Meter Totalization Terms and Conditions Attached: N/A
i. Commencement of electric service not later than: 12/31/2008
j. Contract Capacity: 21,000 KVA
k. Minimum billing demand: 903
5. Payment. During the term of this Contract, Customer will pay monthly charges
calculated in accordance with the applicable rules, regulations and rate schedules.
6. Equipment. Customer, at its expense, shall maintain and operate its equipment so
that it does not cause unacceptable voltage fluctuations, harmonically related disturbances,
overload, or other disturbances on Company’s electrical and communications systems, or affect the
safe, economical and reliable operation of Company’s electric system. Customer, at its expense,
shall immediately correct any such unacceptable use of electric power, including the provision of
suitable apparatus to prevent or cure such effects where necessary.
7. Limitation of Liability. Company does not guarantee that service will be free
from, and Company shall not be liable for, interruptions, surges, voltage fluctuations or
disturbances. Company shall have no liability for any loss or damage from any loss of service, or
delay in providing service.
8. Assignment of Contract. Customer shall not assign this Contract without written
consent of Company.
9. Remedies. In the event of default by either party, the non-defaulting party may
pursue any and all judicial and administrative remedies and relief available.
10. Non-waiver. The parties agree that this Contract does not preclude the Company
from collecting any additional costs as directed or authorized by a legislative body,
administrative body, or court having jurisdiction over such issues.
11. Additional Provisions. Additional terms and conditions relating to the provision
of service to the premises identified in paragraph 4 herein may be attached hereto. Such attached
terms and conditions shall be controlling over any conflicting terms set forth herein. The
following such terms and conditions are attached hereto and incorporated by reference:
Attachment 1 Service Methods and Electricity Pricing for First United Fuel Ethanol, LLC
Excess Facilities Agreement
12. Miscellaneous. A waiver of one or more defaults by either party shall not be
deemed a waiver of any other or subsequent default by such party. This Contract, upon becoming
effective, shall cancel and supersede any previously existing agreement covering supply by Company
to Customer of electric energy to the premise identified in this contract. This document, those
documents incorporated by reference and any attachments constitute the entire agreement between the
parties. No modification of this Contract, except as provided in paragraph 2 above, shall be
binding unless it is in writing and accepted by Customer and Company. This Contract shall be
governed by the laws of the State of Georgia.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their duly
authorized representatives, as of the Effective Date hereof.
First United Ethanol, LLC | GEORGIA POWER COMPANY | |||||
By:
|
/s/ Xxxxxxx X. Xxxxx | By: | /s/ Xxxxx X. Xxxx | |||
Title:
|
CEO | Title: | Region Vice President | |||
Client Manager: | Xxx Xxxxx |
|
Account Number: | [Georgia Power Logo] |
|
Premise Address: | 0000 Xxxxx X. Xxxxxxx Xxxx Xxxxxx Xxxxxxx 00000 |
EXCESS FACILITIES CHARGE AGREEMENT
STANDARD OFFER
STANDARD OFFER
This Excess Facilities Charge Standard Agreement (“Agreement”) is entered into this 27th
day of April, 2007 (the “Effective Date’) between Georgia Power Company (“Company”) and First
United Ethanol LLC (“Customer”).
The Customer has requested that the Company install the excess facilities described below
(the “Excess Facilities”) on the Customer’s premises described below (the Premises). The Excess
Facilities shall augment the Company’s standard system on the Premises. Subject to the terms and
conditions contained herein, the Company agrees to install its Excess Facilities on the Premises.
Description of Excess Facilities:
Facilities include customer substation — 46/25kv (2)10.5 MVA transformers, (3)
25kv breakers, primary metering installation, 25kv distribution system including 5
switching cubicles, 1-2500kva transformer, 11-1500kva transformers, and 1-150kva single
phase transformer; all associated underground wiring and connections.
Location of Premises:
0000 Xxxxx X Xxxxxxx Xxxx, Xxxxxx, Xxxxxxx
1. To compensate the Company for the cost of installing its capital Excess Facilities on the
Premises, in the amount of $1,723,701.50; the payment schedule shall be as follows:
(i) A one time Excess Facilities Installation Charge of $N/A
(ii) Three annual payments in the amount of $656,058.08, for a
fixed period of three years
The annual payments will become due one year after the installation of permanent meter
facilities. There will be no penalty incurred for early payment of this agreement.
2. To compensate the Company for the allocated cost of operating and maintaining its Excess
Facilities at the Premises, the Customer shall pay Excess Facilities Ongoing Charges to the
Company in the amount of:
(i) A one time prepaid Excess Facilities Ongoing Charge of $N/A
(ii) Annual payments of $95,000
The first annual maintenance payment will become due one year after the installation of the
permanent meter facilities.
3. Additional Terms and Provisions.
The Customer shall provide access to the Company at reasonable times to allow the Company to
perform such work and to remove the Excess Facilities upon termination of this Agreement.
The Customer shall not increase load (e.g., building or equipment additions) without first
notifying the Company. If the Customer’s planned load increase would require extensions or
modifications of the Excess Facilities, the Company shall prepare a plan and estimate of the costs
of such extensions or modifications. Implementation of such extensions or modifications may
require modification of this Agreement.
The Customer shall not tamper with, move, or adjust any part of the Excess Facilities or
allow anyone else on the Premises, other than authorized Company representatives, to do the same
without prior Company approval. The Customer shall be responsible for the acts of those persons on
the Premises who are not authorized Company personnel, agents or subcontractors. The Customer
shall not place any future buildings or hazardous obstructions within twenty-five (25) feet of the
Company’s substations or lines without prior written approval of the Company.
The Company shall not be liable for consequential damages resulting from outages of electric
current, including but not limited to damages to equipment or loss of product or profits. The
Customer accepts the risk that there may be periodic interruptions of electric service, which
interruptions shall not constitute a breach of this Agreement by the Company or give rise to any
claim or set-off by the Customer against the Company.
Page 1 of 2
Last Revision: 06.30.2004
Last Revision: 06.30.2004
The Customer’s obligation to pay all of the payments due hereunder is absolute and
unconditional, and the Customer shall not be entitled to, and hereby waives the right to claim, any
abatement, reduction, set-off, counterclaim, defense,
interruption, deferment, recoupment or deduction with respect to any payments due hereunder
for any reason whatsoever. Receivables covered under this agreement unpaid after 21 days after the
xxxx date are subject to a late payment charge.
The Customer is in default of this agreement if the Premises are or become the subject of a
foreclosure preceding, or if the Customer (a) fails to pay within 30 days from the due date of its
monthly xxxx; (b) fails to perform in accordance with any provision of this Agreement; (c) is or
becomes insolvent or unable to pay its obligations as they become due; or (d) is or becomes the
subject of a petition in a bankruptcy or a petition for a receivership. Also, upon default, the
Company may exercise any one or more of its available remedies at law or equity, including, without
limitation, (i) installing meters in multiple locations between Company owned and Customer owned
electric equipment; (ii) changing the service rate to one that will compensate the Company for all
amounts owing under this Agreement; and (iii) removing the Excess Facilities. Partial exercise or
non — exercise of any of the Company’s rights or remedies shall not constitute a waiver of any
other right or remedy unless such waiver is expressed in writing.
This Agreement is not a sale or transfer of any interest in the Excess Facilities. The Company
is and shall remain the sole owner of the Excess Facilities, and the Customer shall not have any
interest or rights in the Excess Facilities.
This Agreement will be in force on the Effective Date of this Agreement or at the time the
Excess Facilities become functional, whichever occurs first, and shall continue until all amounts
owing to the Company hereunder have been paid in full. This Agreement may be modified only in
writing signed by the parties hereto, and may not be modified by an oral agreement. The Customer
agrees to provide such additional information of documentation as the Company requests in
connection with this Agreement including further evidence of its authority to enter into this
agreement
This Agreement shall be binding upon the successors and assigns of the parties hereto. The
Customer may not assign its rights and obligations hereunder without the Company’s prior written
consent. The Company may assign its rights and obligations hereunder, or any portion thereof, to
any other person or entity without the consent of the Customer.
CUSTOMER: First United Ethanol LLC | GEORGIA POWER COMPANY | |||||
By:
|
/s/ Xxxxxxx X. Xxxxx | By: | /s/ Xxxxx X. Xxxx | |||
Title:
|
CEO | Title: | Region Vice-President | |||
Page 2 of 2
Last Revision: 06.30.2004
Last Revision: 06.30.2004
INITIAL CUSTOMER BASELINE LOAD (CBL) AGREEMENT
For New Accounts
For New Accounts
The customer, Ethanol Plant Mtr 1, Account Number: 0000000000000, has agreed that the following
information will constitute the basis for their CBL:
CBL Rate: PLL CBL Rider: OP FCR Level: Transmission
CBL Type: 8760 * Minimum Billing Demand: 903 Contract Capacity:
CBL Type: 8760 * Minimum Billing Demand: 903 Contract Capacity:
CBL Billing | ||||||||||||||||||||
Initial Month: | Est. Final Total | Est. Final Total | Demand** (On- | |||||||||||||||||
Initial Year: | Peak kW** | kWh** | CBL Peak kW** | CBL kWh** | Peak/Econ for TOU) | |||||||||||||||
January |
8,643 | 5,721,265 | 864 | 572,149 | 903 | |||||||||||||||
February |
8,529 | 5,049,939 | 853 | 505,029 | 903 | |||||||||||||||
March |
8,605 | 5,598,315 | 861 | 559,874 | 903 | |||||||||||||||
April |
9,019 | 5,816,573 | 902 | 581,701 | 903 | |||||||||||||||
May |
9,185 | 6,140,182 | 919 | 614,D47 | 903 | |||||||||||||||
June |
9,496 | 6,082,3D7 | 950 | 608,266 | 950 | |||||||||||||||
July |
9,496 | 5,764,020 | 950 | 576,438 | 950 | |||||||||||||||
August |
9,500 | 6,371,018 | 950 | 637,145 | 950 | |||||||||||||||
September |
9,366 | 5,953,772 | 937 | 595,423 | 937 | |||||||||||||||
October |
9,092 | 6,074,384 | 909 | 607,479 | 903 | |||||||||||||||
November |
8,670 | 5,492,168 | 867 | 549,248 | 903 | |||||||||||||||
December |
8,348 | 5,255,831 | 835 | 525,620 | 903 | |||||||||||||||
Peak/Total |
9,500 I | 69,319,774 I | 950 | 6,932,419 | ||||||||||||||||
* | 2 Point CBL Not Available to School or TOU Type Rates | |
** | Data is based on Calendar Month 1/2 hourly data and may differ from billing data due to the type CBL selected by the customer, the billing cycle and from mapping the CBL into future years for billing. |
CBL Information:
The Customer shall pay an Administrative Charge of $155.00 per month.
Final CBL is 10.00% of the total loadshape and is based upon:
þ | Actual/Estimated Interval/Billing Data from calendar year: 2002 which was developed from: |
þ Template o Interval Data
o | Footprint (Load shape based on a previously demonstrated CBL level for the same customer using similar facilities in terms of basic design and energy requirements and any equipment used to achieve demonstration level). |
þ | Demonstration (required if not a Footprint or if under 100% of Final
Total Commercial Loadshape or 60% of Final Total Industrial Loadshape). |
Demonstration Level: 950 kW (Based on highest summer demand in CBL) |
Special Term/Conditions (see also Real Time Pricing Terms
and Conditions):
none
Georgia Power Company Client Manager: Xxx Xxxxx
Customer Location: 0000 Xxxxx X. Xxxxxxx Xxxx, Xxxxxx, Xxxxxxx 00000
Signature: | /s/ Xxxxxxx X. Xxxxx |
|
Title: | CEO |
|
Date: | May 2, 2007 |
|
[Georgia Power Logo]
REAL TIME PRICING TERMS AND CONDITIONS
1. Customer Baseline Load. The Company and the Customer have mutually agreed to
an initial Customer Baseline Load (“CBL”) for the stated premise location — see Initial Customer
Baseline Load (CBL) Agreement. The Customer agrees to provide, on an annual basis, pertinent
operating information (including holidays and plant shut downs) as necessary or desirable to
formulate subsequent CBLs for such premises. CBL revisions based on load removal will be allowed
after a customer is billed on RTP for one year.
2. Corrective Load Modifications. Georgia Power reserves the right to make minor load
modifications for the purpose of establishing the appropriate load shape for the customer.
3. Confidentiality of Information. The Customer will use its best efforts to protect
hourly price as proprietary information, and neither the Customer nor its employees, agents or
independent contractors will copy, transfer in any way, communicate, disclose, or disseminate
proprietary price information contained therein to any third party.
4. Customer Demonstration. Customer may be required to demonstrate the ability to
respond to high RTP prices by curtailing load down to the “Approximate CBL Demonstration kW level”
for two specified hours. Customer will be given four attempts to achieve such demonstration.
5. Effective Date. Georgia Power will exercise its best efforts, but cannot
guarantee, that billing under the RTP tariff will begin on the desired month specified by the
Customer. The provisions of these Real Time Pricing Terms and Conditions shall become effective
from the first billing date under the RTP tariff. These Real Time Pricing Terms and Conditions
shall terminate automatically upon the withdrawal, expiration or other termination of the RTP
tariff.
6. Rate Terms. After the Customer has taken RTP service for a period of one year, the
Customer may request and obtain a change in the rate provided that such premise location will
continue taking electric service from Company for a total of five years from the initial billing
date under this Contract. The Company may remove the Customer’s premises from the RTP tariff if the
Customer ceases to qualify for the rate or in the event of an uncured material breach of these Real
Time Pricing Terms and Conditions.
7. Rules, Regulations and Rates. Georgia state law and the rules, regulations and
applicable rate schedules of Company as may be filed with and regulated by the Georgia Public
Service Commission govern this service and are incorporated herein by reference. Such laws, rules,
regulations and applicable rate schedules are subject to change during the term of this Contract as
provided by law. Copies of current rules, regulations and applicable rate schedules are available
from Company upon request and may be attached to this Contract.
8. Assignment of Contract. Customer shall not assign this Contract without written
consent of Company. Such consent will not be unreasonably be withheld.
Customer Initials: AJF
Note: | “Minimum Billing Demand” is the lowest kW from CBL Billing Demand
column “Contract Capacity” is the transformer sizing for the service point |
[Georgia Power Logo]
Attachment 1
Service Methods and Electricity Pricing for the First United
Ethanol Facility,
Pelham, Georgia
Ethanol Facility,
Pelham, Georgia
Temporary Construction Power:
System design as requested in RFP dated 02/22/2007.
Permanent Power Requirements
Georgia Power proposal will meet all of the requirements set forth in the RFP dated
02/22/2007. This is inclusive of the temporary power described above.
Method of Service:
Provide a two way transmission feed as follows:
Reconductor 2.0 miles of the Cotton-Camilla #2 46KV line with 336 ACSR
Construct .32 miles of tap line to the Cotton-Camilla 46KV line. *
Construct .32 miles of tap line to the Cotton-Worshem 46KV line. *
Construct .32 miles of tap line to the Cotton-Worshem 46KV line. *
Construct a 46/25 KV 21.0 MVA (2- 10.5 MVA Transformers) customer substation with three
distribution breakers/feeds. **
* Customer to provide a 150 foot transmission right of way at no cost. **
** Customer to provide a graded substation site at no cost.
** Customer to provide a graded substation site at no cost.
Construct a distribution system as requested in RFP dated 02/22/2007 and Xxxxx design
drawings. Numbers 001 and 002 of Job number EG1682.
1
Pricing:
Based on the following:
Meter One
Peak Electrical Demand of 9,500 KW.
An Industrial Load shape with an 83% Load Factor.
A 10% Customer Base Load (CBL), with a peak of 950 KW, and an estimated 6,932,419 kWh of annual usage.
A 90% Real Time Pricing (RTP) load of an estimated 69,319,774 kWh annual usage.
An Industrial Load shape with an 83% Load Factor.
A 10% Customer Base Load (CBL), with a peak of 950 KW, and an estimated 6,932,419 kWh of annual usage.
A 90% Real Time Pricing (RTP) load of an estimated 69,319,774 kWh annual usage.
CBLand RTP Agreements attached
Meter Two
Peak Electrical Demand of 3,500 KW.
An Industrial Load shape with an 83% Load Factor.
A 10% Customer Base Load (CBL), with a peak of 350 KW, and an estimated 2,554,339 kWh of annual usage.
A 90% Real Time Pricing (RTP) load of an estimated 25,538,905 kWh annual usage.
An Industrial Load shape with an 83% Load Factor.
A 10% Customer Base Load (CBL), with a peak of 350 KW, and an estimated 2,554,339 kWh of annual usage.
A 90% Real Time Pricing (RTP) load of an estimated 25,538,905 kWh annual usage.
CBL and RTP Agreements attached
A customer contribution as follows:
One time payment of $1,723,701.50
This payment will be collected through the Excess Facilities Lease Agreement. The terms of
the agreement will be payable over three annual installments of $656,058.08. The annual
interest rate is 6% on the unpaid balance. There will be no prepayment penalty. Each annual
payment will be due one year from the installation of permanent service at the facility.
Annual maintenance payment of $95,000.00
Excess Facilities
Lease Agreement is attached.
2