PARALLEL GENERATION AGREEMENT
BETWEEN
GETTY SYNTHETIC FUELS, INC.
AND
SOUTHERN CALIFORNIA EDISON COMPANY
December 28, 1982
1. PARTIES
The Parties to this Agreement are Getty Synthetic Fuels, Inc., a
Delaware corporation, hereinafter referred to as "Customer", and Southern
California Edison Company, a California corporation, hereinafter referred
to as "Edison", individually Party , collectively "Parties".
2. RECITALS
2.1 Customer desires to construct, own, Operate and Control a
Small Power Production Facility located at Customer's Brea facility.
Customer shall use as much of the electrical energy produced by the
Generating Facility to serve the electrical requirements of Customer's
Facility as is necessary and practicable.
2.2 Customer desires to Operate its Generating Facility in
parallel with Edison's electric system. Customer expects to generate 5625
KW and sell to Edison up to 4900 KW of Capacity and Energy from its
Generating Facility in accordance with Section 12.
2.3 Customer desires 600 KW Standby Demand.
2.4 Edison desires to purchase Capacity and Energy made available
by Customer and deliver to Edison from Customer's Generating Facility.
Edison desires that this source of electric power be as reliable as
reasonably possible.
2.5 The Parties desire, by this Agreement, to establish the terms,
conditions, and obligations pursuant to which they can accomplish the above
desires and needs.
2.6 Customer's facility is a Qualifying Facility.
3. AGREEMENT
In consideration of the payments and agreements contained in this
Agreement, the Parties agree as follows:
4. DEFINITIONS
When used with initial capitalizations, whether in the singular or in
the plural, the following terms shall have the following meanings:
4.1 Agreement: This document, including its appendices, as amended
from time to time.
4.2 Capacity: That portion of the Generating Facility electric
power producing capability which is dedicated to and purchased by Edison
pursuant to Sections 12.2, and 12.4.
4.3 Commission: The Public Utilities Commission of the State of
California
4.4 Control: To establish the electrical output of the Generating
Facility through dispatching procedures including shutdown and startup.
4.5 Customer's Facility: The premises and equipment of Customer
located at the north end of Valencia Boulevard, Brea, California.
4.6 Edison Electric System Integrity: Operation of Edison's
electric system in a manner which minimizes risks of injury to persons
and/or property and enables Edison to provide reliable electric service to
its customers.
4.7 Emergency: A condition or situation which, in Edison's sole
judgment, affects Edison's ability to maintain safe and continuous
electrical service.
4.8 Energy: Kilowatt hours generated by Customer's Generating
Facility which are purchased by Edison at the Point of Interconnection.
4.9 Firm Operation: The date in `1984 mutually agreed to by the
Parties on which the generating unit(s) of Customer's Generating Facility
is determined to be a reliable source of Energy and Capacity.
4.10 Generating Facility: The Generator, together with all
protective and other associated equipment and improvements, necessary to
produce electrical energy at Customer's Facility excluding associated land,
land rights and interests in land.
4.11 Generator: The generator(s) and associated prime mover(s)
which are a part of the Generating Facility.
4.12 Interconnection Facilities: Those protection, metering,
electric line(s), and other facilities required, in the opinion of Edison,
to permit an interface between the electric systems of Edison and Customer
at the Point of Interconnection in accordance with Edison's Interconnection
Standards (Rule No. 21) as filed with the Commission.
4.13 Interconnection Facilities Contract: That document which is
attached hereto as Appendix A and by this reference is incorporated herein.
4.14 Operate: To provide the engineering, purchasing, repair,
supervision, training, inspection, testing, protection, operating, use,
management, replacement, retirement, reconstruction, and maintenance of and
for the Generating Facility and Interconnection Facilities in accordance
with applicable California utility standards and good engineering
practices.
4.15 Operating Representatives: Individual(s) appointed by each
party for the purpose of securing effective cooperation and interchange of
information between the Parties in connection with administration and
technical matters related to this Agreement.
4.16 Point of Interconnection: The point where Edison's electrical
conductors connect with the Customer's electrical conductors and where
transfer of electrical energy between Edison and Customer takes place.
4.17 Project: The Generating Facility, Interconnection Facilities
and metering equipment required to permit operation of Customer's Generator
in parallel with Edison's electric system.
4.18 Protective Apparatus: That equipment and apparatus installed
by Customer and/or Edison pursuant to Section 7 and Section 10.
4.19 Qualifying Facility: Cogeneration or Small Power Production
Facility which meets the criteria as defined in Title 18, Code of
Federation Regulations (CFR), Section 292.201 through 292.207 as provided
on March 20, 1980 and as may be amended.
4.20 Small Power Production Facility: The facilities and equipment
which use biomass, waste or renewable resources, including wind, solar and
water to produce electrical energy as defined in Title 18, Code of Federal
Regulations (CFR), Section 292.201 through 292.207, as provided on March
20, 1980 and as may be amended.
4.21 Standby Demand: Customer's electrical load requirement that
Edison is expected to serve when Customer's Generating Facility is not
available.
4.22 Tariff Schedule No. TOU-8: Edison's time-of-use tariff for
electric service exceeding 500 KW, as now in effect or as may hereafter be
authorized by the Commission to be revised.
4.23 Time Periods: The on-peak, mid-peak, off-peak hours as
defined in Edison's Tariff Schedule No. TOU-8.
4.24 Uncontrollable Forces: Any occurrence beyond the control of a
Party which would cause that Party to be unable to perform its obligations
hereunder and which the Party has been unable to overcome by the exercise
of due diligence, including, but not limited to, flood, drought,
earthquake, storm, fire, pestilence, lightning and other natural
catastrophes, epidemic, war, riot, civil disturbance or disobedience,
strike, labor dispute, act or inaction of government or other proper
authority, restraint by court order or public authority, and action or
nonaction by or inability to obtain the necessary authorizations or
approvals from any governmental agency or authority, fuel supply or
material shortage, or failure, threat of failure or sabotage of facilities,
which have been maintained in accordance with good engineering and
operating practices.
5. TERM AND TERMINATION
5.1 This Agreement, once executed by the Parties, shall become
effective as provided by the terms of Section 18 and shall remain in effect
unless terminated pursuant to any of the following:
5.1.1 Upon not less than five (5) years prior written
notification by either Party to the other Party and which notification
shall not be given prior to the expiration of fifteen (15) years from the
date of Firm Operation of the last generating unit.
5.1.2 If Qualifying Facility status is not maintained, Edison
shall have the right to terminate this Agreement.
5.1.3 If Customer fails to obtain and maintain necessary
government authorization(s) and permit(s) pursuant to Sections 7 and 10.
Edison'shall have the right to terminate this Agreement.
5.1.4 Performance of the Parties obligations under the
Agreement may require the consent and cooperation of a third party
including those having an interest in the land on which the Project is
located. Customer shall negotiate all agreements required for said
performance and provide copies of the agreements to Edison on Edison's
request. If all agreements which in the view of both Parties are necessary
to effect the aforementioned performance of obligations have not been
executed or substantially agreed upon in writing by December 31, 1983,
either Party shall have the right to terminate this Agreement. However,
such termination shall not terminate Customer's liability for the payment
of costs of Interconnection Facilities as provided in the Interconnection
Facilities Contract.
6. OWNERSHIP AND CONTROL OF GENERATING FACILITY
6.1 The Generating Facility shall be owned by Customer.
6.2 Customer shall Control the Generating Facility except that
Customer shall, at any time if requested by Edison to facilitate
maintenance of Edison facilities, during periods of Emergency, or to
maintain Edison Electric System Integrity, (i) disconnect the Generator
from the Edison electric system, or (ii) reduce the electrical output of
the Generator to the level of the Customer's total electrical requirement.
6.2.1 Each Party shall endeavor to correct, within a
reasonable period, the conditions on its system which necessitated the
disconnect obligation or reduction of output.
6.2.2 The disconnect obligation or reduction of electrical
output shall be limited to the period of time such a condition exists.
7. DESIGN AND CONSTRUCTION OF GENERATING FACILITY
7.1 Customer, at no cost to Edison, shall acquire all permits and
approvals, and complete or have completed all environmental impact studies
necessary for the construction, operation, and maintenance of the Project.
7.2 Edison shall have the right to review the electrical drawings
pertaining to the design of the Generating Facility. Such review shall be
done in a timely manner and may include, but not be limited to, the
Generator, governor, excitation system, synchronizing equipment, protective
relays and neutral grounding.
7.3 Edison shall have the right to require reasonable
modifications to the design as it deems necessary for proper and safe
operation of the Project in accordance with California utility standards
and good engineering practices when in parallel with
the Edison electric system. If Customer does not agree to such
modifications, the differences between the Parties shall be resolved
pursuant to Section 19 prior to design approval.
7.4 Customer shall furnish, install, operate and maintain in good
order and repair and without cost to Edison, the relays, meters, power
circuit breakers, synchronizer and other control and Customer Protective
Apparatus as shall be agreed to by the Parties as being necessary for
proper and safe operation of the Project in parallel with Edison's electric
system.
7.5 Future changes on the Edison electric system and/or Customer's
system may require modification of the design of Customer's Generating
Facility or the Point of Interconnection. Any such modification, whether
proposed by Edison or Customer, shall be subject to the provisions of this
Section 7.
7.6 Edison shall have the right to monitor the construction,
start-up, operation, and maintenance of the Project and have the right to
consult with and make recommendations to Customer.
7.7 Edison shall have the right to review the construction
schedule. Customer shall notify Edison of changes in this schedule which
affect the Firm Operation when such change is determined.
8. OPERATION OF GENERATING FACILITY
Customer shall Operate the Generating Facility, Subject to the
following provisions:
8.1 Customer shall not commence initial parallel operation of the
Generating Facility until written authorization has been given by Edison.
Edison shall not unreasonably withhold such authorization.
8.2 Customer shall notify Edison at least fourteen (14) calendar
days prior to: (1) the initial testing of Customer's Protective Apparatus,
(2) the initial energizing of the Point of Interconnection, and (3) the
initial parallel operation of each of the Generators. Edison shall have
the right to have a representative present at such times.
8.3 The Generating Facility and Customer Protective Apparatus
shall be operated and maintained in accordance with applicable California
utility industry standards and good engineering practices with respect to
synchronizing, voltage and reactive power control.
8.4 The Generating Facility shall be operated with all of
Customer's Protective Apparatus in service whenever the Generator is
connected to or is operated in parallel with the Edison electric system.
Any deviation for brief periods of emergency or maintenance shall only be
by mutual agreement.
8.5 Each Party shall use its best efforts to keep the other
Party's Operating Representative informed as to the operating schedule of
their respective facilities affecting each other's operation hereunder,
including any reduction in Capacity availability related to this Agreement.
In addition, Customer shall provide Edison with reasonable advance notice
regarding its scheduled outages including any reduction in Capacity
availability. Reasonable advance notice is as follows:
SCHEDULED OUTAGE ADVANCE NOTICE
EXPECTED DURATION TO EDISON
Less than one day 24 Hours
One day or more
(except major overhaul) 1 Week
Major overhaul 6 Months
Customer shall inform Edison's Operating Representative of any
unscheduled outage relative to this Agreement as soon as practicable after
the outage begins.
8.6 Notification by Customer of outage and reduction of Capacity
date(s) and duration should be directed to the Edison switching center by
telephone:
Olinda Substation
Station Chief
Telephone No. (000) 000-0000
8.7 Customer shall deliver electricity to Edison at a nominal 4160
volts.
8.8 Customer shall perform routine maintenance during Edison's
off-peak Time Period.
8.9 Customer shall make all reasonable efforts to schedule outages
of the Generating Facility during Edison's off-peak Time Period and
coordinate planned outages with Edison.
8.10 Customer shall maintain an operating log at Customer's
Facility with records of: real and reactive power production, changes in
operating status, outages, Protective Apparatus operations and any unusual
conditions found during
inspections. In addition, Customer shall maintain records applicable to
the Generating Facility, including the electrical characteristics of the
Generator and settings or adjustments of the Generator control equipment
and protective devices. Such information shall be available to Edison upon
request and copies of such operating log and records shall be provided, if
requested, to Edison within thirty (30) days of Edison's request.
8.11 If, at any time, Edison has reason to doubt the integrity of
any of Customer's Protective Apparatus and believes that such loss of
integrity would be hazardous to the Edison Electric System Integrity,
Customer shall demonstrate, to Edison's satisfaction, the correct
calibration and operation of the equipment in question.
8.12 Customer shall test all protective devices specified in
Section 7.4 with qualified personnel at intervals not to exceed four (4)
years.
8.13 Customer shall, to the extent possible, provide reactive
power for its own requirements and where applicable the reactive power
losses of interfacing transformers. Customer shall not deliver excess
reactive power to Edison unless otherwise agreed to by the Parties.
9. METERING
9.1 Edison shall provide, own and maintain, at Customer's expense,
all necessary meters and associated equipment for the project in accordance
with Rule No. 21 as filed with the Commission. A description of the
metering equipment to be installed and the estimated cost of such equipment
shall be incorporated in and be subject to the provisions of the
Interconnection Facilities Contract.
9.2 Edison's meters shall be sealed and the seals shall be broken
only when the meters are to be inspected, tested, or adjusted by Edison.
Customer shall be given reasonable notice of testing and have the right to
have its representative present on such occasions.
9.3 Edison's meters installed pursuant to this agreement shall be
tested by Edison, at Edison's expense, at least once each year and at any
reasonable time upon request by either Party, at the requesting Party's
expense. If Customer makes such request, Customer shall reimburse said
expense to Edison within thirty (30) days after presentation of a xxxx
therefor.
9.4 Metering equipment found to be inaccurate shall be repaired,
adjusted, or replaced by Edison such that the metering accuracy of said
equipment shall be within two percent (2%). If metering equipment
inaccuracy exceeds two percent (2%), the correct amount of Energy delivered
during the period of said inaccuracy shall be estimated and payment
adjusted as agreed to by the Parties.
10. INTERCONNECTION FACILITIES
10.1 Customer, at no cost to Edison, shall acquire all permits and
approvals, and complete or have completed all environmental impact studies
necessary for construction, operation and maintenance of the
Interconnection Facilities.
10.2 Edison shall design, purchase, construct, own, operate, and
maintain all Interconnection Facilities. Payment for the Interconnection
Facilities shall be made by Customer in accordance with the provisions of
the Interconnection Facilities Contract which shall be executed by the
Parties concurrent with this
Agreement. A description of the equipment to be installed and the
estimated cost of such equipment shall be included in the Interconnection
Facilities Contract and provided for Customer's review and approval prior
to the execution of said contract by the Parties.
10.3 Edison may make changes in the design, installation,
operation and maintenance of the Interconnection Facilities which Edison
determines necessary to effect the provisions of this Agreement.
11. DISCLAIMER
Any review by Edison of the design, construction, operation, or
maintenance of the Project is solely for the benefit of Edison. By making
such review, Edison makes no representation as to the economic and
technical feasibility, operational capability, or reliability of the
Project. Customer shall in no way represent to any third party that any
such review by Edison of the Project, including but not limited to, any
review of the design, construction, operation, or maintenance of the
Project by Edison is a representation by Edison as to the economic and
technical feasibility, operational capability, or reliability of said
facilities. Customer is solely responsible for economic and technical
feasibility, operational capability, or reliability thereof. Edison shall
not be liable to Customer for, and Customer shall defend and indemnify
Edison from, any claim, cost, loss, damage, or liability arising from any
contrary representation concerning the effect of Edison's review of the
Project.
12. POWER PURCHASE
12.1 Customer hereby agrees to sell to Edison and Edison hereby
agrees to purchase from Customer the Energy delivered by Customer to Edison
hereunder. Customer shall notify Edison of the initial date of delivery of
Energy in accordance with the provisions of Section 8.2 herein. The Energy
shall be paid for by Edison pursuant to the terms and conditions in
Appendix B. Estimated maximum annual delivery is 42,924,000 kwh.
12.2 Customer hereby agrees to sell to Edison and Edison hereby
agrees to purchase from Customer the Capacity provided to Edison pursuant
to the terms and conditions of this Agreement. The Capacity shall be
provided pursuant to the following schedule or as adjusted pursuant to
Sections 12.3 and 12.4. Capacity shall be paid for pursuant to the
provisions of Appendix C except that Edison shall make no payment for
Capacity provided prior to Firm Operation.
Effective Date Capacity
At Time of Firm Operation ____ KW
12 Months After Firm Operation 4900 KW
12.3 Customer shall notify Edison of the date of Firm Operation
for each generating unit at least six (6) months in advance of such date.
Customer shall demonstrate, pursuant to Section 13.5, the ability to
provide Edison with Capacity within three (3) months following Firm
Operation of each generating unit. If Customer fails to provide Capacity,
a new Capacity shall be established by written agreement of the Parties.
12.4 During the term of this Agreement, Customer shall have a one-
time option to reduce the level of Capacity by no more than 980 KW. If
Customer exercises this option:
12.4.1 Customer shall give written notification of such
election to Edison at least five (5) years prior to the effective date of
the change in Capacity.
12.4.2 Customer shall reimburse Edison for Capacity payments
which Customer did not earn due to Customer's election to reduce Capacity
pursuant to Section 12.4.1. Such reimbursement by Customer for Capacity
payments received shall be made in accordance with Section 12.7.
12.5 If Customer's Time Period Capacity Factor, as calculated
pursuant to Appendix C., is less than 0.51 for either (1) three consecutive
billing periods, or (2) four billing periods within a year, Edison shall
have the right to terminate this Agreement upon 120 days written notice to
Customer. No Capacity payment shall be made during such 120 day period
except for any monthly billing period in which the Time Period Capacity
Factor is determined to be 1.0. If the Time Period Capacity Factor equals
1.0 for two monthly billing periods during such 120 day period and Customer
performs a demonstration of availability pursuant to Section 13.5, Edison's
notice shall not be effective for termination of this Agreement.
12.6 If this Agreement is terminated prior to the expiration of
twenty (20) years following the date of Firm Operation of the last
generating unit, Customer shall reimburse Edison for the Capacity payments
which Customer did not earn
because of early termination. Such reimbursement for Capacity payments
received by Customer under this Agreement shall be in accordance with the
following formula: [(1 - (x/n)] times the total amount of Capacity
payments paid, where "x" is the number of completed years of service from
the date of Firm Operation of the last generating unit, and "n" equals
twenty (20). Customer shall make such reimbursement to Edison within
thirty (30) days after presentation of a xxxx therefore.
12.7 If Customer elects to reduce the level of Capacity pursuant
to Section 12.4, Customer shall reimburse Edison for the Capacity payment
which Customer did not earn because of such reduction. Such reimbursement
for Capacity payments received by Customer under this Agreement shall be in
accordance with the following formula: [(1 - (x/n)] times the total amount
of Capacity payments made for that amount of reduction in Capacity
resulting from Customer's election to reduce Capacity pursuant to Section
12.4 herein, where "x" is the number of completed years of service from the
date of Firm Operation of the last generating unit to the date of the
reduction in Capacity and "n" equals twenty (20). Customer shall make such
reimbursement to Edison within thirty (30) days after presentation of a
xxxx therefor.
12.8 Prior to Firm Operation, Customer shall provide evidence, to
Edison's satisfaction, of Customer's financial ability to comply with its
obligations pursuant to Section 12.6 and 12.7.
13. AVAILABILITY
13.1 Customer shall make all reasonable effort to maintain
operation of the Generating Facility during the on-peak and mid-peak Time
Periods.
13.2 Capacity Request: At Edison's request Customer shall, within
30 minutes of such request, make all reasonable effort to deliver Energy at
an average rate of delivery at least equivalent to Capacity during periods
of Emergency. In the event that Customer has previously scheduled an
outage coincident with an Emergency, Customer shall make all reasonable
efforts to reschedule the outage. The notification periods listed in
Section 8 shall be waived by Edison if Customer reschedules an outage
pursuant to this Section 13.
13.3 Failure to Comply: Failure of Customer to provide Energy at
an average rate of delivery at least equivalent to Capacity in accordance
with the provisions of Section 13.2 during such period of Emergency when
first requested by Edison, following the date of Firm Operation, shall not
result in a reduction of Capacity payments as provided for in Appendix C.
However, after said initial request by Edison, whether or not said request
has been complied with by Customer, any failure by Customer to comply with
a subsequent request by Edison shall result in a reduction of Capacity
payments pursuant to Appendix C.
13.4 Periodic Demonstration: Whether or not Customer has failed
to respond to an Edison request for delivery of Energy at a rate equivalent
to Capacity, Edison shall have the right to require a demonstration of the
availability of the Generating Facility at least once per year in a manner
as provided in Section 13.5.
If Customer fails a demonstration, Customer shall perform additional
demonstration(s) until Capacity is provided pursuant to Section 13.5.
Demonstrations pursuant to Section 13.5 shall be performed at Customer's
expense.
13.5 Demonstration of Availability: Customer shall demonstrate
the availability of Capacity by increasing the power output from a level
not higher than one-half the Capacity of the Generating Facility to full
Capacity. Customer's Generating Facility must provide full Capacity within
30 minutes of the start of the demonstration and maintain an average
Capacity during the next 72 hour time period. Customer may request
demonstrations to satisfy the Availability Factor requirement pursuant to
Paragraph B.5, Appendix C. Such demonstration shall be conducted at a time
and under procedures mutually agreed upon by the Parties.
14. BILLING
14.1 Electric service shall be provided in accordance with
Edison's Tariff Schedule No. SCG-1 as now in effect or as may hereafter be
authorized by the Commission.
14.1.1 The Standby Demand for calculation of the standby
charge in SCG-1 shall be 600 KW.
14.1.2 The Generating Facility capacity rating for the
determination of standby waiver qualifications under Tariff Schedule No.
SCG-1 shall be 5625 KW.
14.2 Charges associated with the Interconnection Facilities shall
be billed pursuant to the Interconnection Facilities Contract.
15. PROPERTY AND LAND RIGHTS
15.1 Edison shall, as it deems necessary, build only those
electric lines, facilities and other equipment, both overhead and
underground, on and off Customer's Facility, for the purpose of effecting
the arrangements contemplated in this Agreement. The physical location of
such electrical line, facilities and other equipment on Customer's Facility
shall be determined by agreement of the Parties. Such electrical lines,
facilities and other equipment shall be included in the Interconnection
Facilities Contract.
15.2 Customer shall reimburse Edison for the cost of acquiring any
property rights off Customer's Facility which are reasonably required by
Edison to meet its obligations to Customer under this Agreement.
15.3 Customer shall grant to Edison, without cost to Edison, and
by a mutually acceptable instrument of conveyance, the following with
respect to property under the control of Customer:
15.3.1 Rights of way, easements and other property interests
necessary to construct, reconstruct, use, maintain, alter, add to, enlarge,
repair, replace, inspect and remove, at any time, the electric lines,
facilities and other equipment, both overhead and underground, which are
required by Edison to effect the arrangements contemplated in this
Agreement.
15.3.2 The rights of ingress and egress at all reasonable
times necessary for Edison to perform the activities contemplated in this
Agreement.
15.4 The electric lines, facilities, and other equipment referred
to in this Section 15 installed by Edison on and off Customer's Facility
shall be and remain the property of Edison.
15.5 Edison shall have no obligation to Customer for any delay or
cancellation of this Project due to inability to acquire a satisfactory
right of way. Edison shall, however, use its best efforts to obtain such
rights of way.
16. LIABILITY
16.1 Each party (First Party) releases the other Party (Second
Party), its directors, officers, employees and agents from any loss,
damage, claim, cost, charge, or expense of any kind or nature (including
any direct, indirect or consequential loss, damage, claim, cost, charge, or
expense) including Attorney's fees and other cost of litigation incurred by
the First Party in connection with damage to property of the First party
caused by or arising out of the Second Party's construction, engineering,
repair, supervision, inspection, testing, protection, operation,
maintenance, replacement, reconstruction, use or ownership of its
facilities, to the extent that such loss, damage, claim, cost, charge, or
expense is caused by the negligence of Second Party, its directors,
officers, employees, agents, or any person or entity whose negligence would
be imputed to Second Party.
16.2 Each party shall indemnify and hold harmless, the other
Party, its directors, officers and employees or agents from and against any
loss, damage, claim,
cost, charge, (including direct, indirect or consequential loss, damage,
claim, cost, charge, or expense), including attorney's fees and other costs
of litigation incurred by the other Party in connection with the injury to
or death of any person or damage to property of a third party arising out
of the indemnifying Party's construction, engineering, repair, supervision,
inspection, testing, protection, operation, maintenance, replacement,
reconstruction, use, or ownership of its facilities, to the extent that
such loss, damage, claim, cost, charge or expense is caused by the
negligence of the indemnifying Party, its directors, officers, employees,
agents, or any person or entity whose negligence would be imputed to the
indemnifying Party; provided, however, that each Party shall be solely
responsible for and shall bear all cost of claims brought by its
contractors or its own employees and shall indemnify and hold harmless the
other Party for any such costs including costs arising out of any workers
compensation law.
16.3 The provisions of this Section 16 shall not be construed so
as to relive any insurer of its obligations to pay any insurance claims in
accordance with the provisions of any valid insurance policy.
17. INSURANCE
17.1 During the term of this Agreement, the Parties shall obtain
and maintain in force as hereinafter provided comprehensive general
liability insurance, including contractual liability coverage, with a
combined single limit of not less
than $5,000,000 each occurrence; however, the Parties reserve the option to
self-insure to meet the requirements of this Section.
17.2 Prior to the date Customer's Generating Facility is first
operated in parallel with Edison's electric system, each Party shall (i)
furnish certificate of insurance to the other Party, which certificate
shall provide that such insurance shall not be terminated nor expire except
on thirty (30) days prior written notice to the other Party, and (ii)
maintain such insurance in effect for so long as this Agreement remains in
effect.
17.3 If one Party fails to comply with the provisions of this
Section 17, such Party shall, at its own cost, defend, indemnify, and hold
harmless the other Party, its directors, officers, employees, agents,
assigns, and successors in interest from and against any and all loss,
damage, claim, cost, charge, or expense of any kind of nature (including
direct, indirect or consequential loss, damage, claim, cost, charge or
expense, including attorney's fees and other costs of litigation) resulting
from the death or injury to any person or damage to any property, including
the personnel and property of the other Party, to the extent that the other
Party would have been protected had such Party complied with all of the
provisions of this Section 17.
18. REGULATORY AUTHORITY
18.1 This Agreement shall be effective on the date of execution if
Edison determines that the terms of this Agreement are consistent with
Commission approval guidelines. However, if Edison does not make the above
determination, this
Agreement shall not become effective until approved by the Commission.
Edison shall notify Customer in writing of Edison's decision regarding the
filing for Commission approval within ninety (90) days of execution of this
Agreement.
18.2 Should Edison elect to file for Commission approval, Edison
shall so file as soon as reasonably practicable after Edison decides to
file, and provide Customer with a copy of the application for approval
concurrently with Edison's filing with the Commission.
19. DISPUTES
19.1 Any dispute arising between the Parties relating to
interpretation of the provisions of this Agreement or to performance of the
Parties hereunder shall be reduced to writing stating the complaint and
proposed solution and submitted by the disputing Party to the other Party's
representative who is responsible for administration of this Agreement and
whose interpretation and decision thereon shall be incorporated into a
written document which shall specify the other Party's position and that it
is the final decision of such representative and a copy of such document
shall be furnished to the disputing Party's representative within ten (10)
days following the receipt of the disputing Party's written complaint.
19.2 The decision of the other Party's representative pursuant to
Section 19.1 shall be final and conclusive within thirty (30) days from the
date of receipt of such copy by the disputing Party, unless, within such
thirty (30) day period the
disputing Party furnishes a written appeal to the other Party's
representative delivered pursuant to Section 20.
19.2.1 Following receipt of such appeal, a joint hearing
shall be held within fifteen (15) days of said appeal, at which time the
Parties shall each be afforded an opportunity to present evidence in
support of their respective positions.
19.2.2 Such joint hearing shall be conducted by one
authorized representative of Customer and one authorized representative of
Edison which representative may be assisted by other persons deemed
necessary by either Party. Pending final decision of a dispute hereunder,
the Parties shall proceed diligently with the performance of their
obligations under this Agreement.
19.3 The final decision by the Parties authorized representatives
shall be made within fifteen (15) days after presentation of all evidence
affecting the dispute, and shall be reduced to writing. The decision shall
be final and conclusive.
19.4 If the authorized representatives fail to reach a final
decision within the fifteen (15) day period, any remedies which are
provided by law may be pursued.
20. NOTICES
Except as otherwise specifically provided herein, any notice from one
Party to the other, shall be given in writing and shall be deemed to be
given as of the date the same is enclosed in a sealed envelope, addressed
to the other by certified first class mail, postage prepaid, and deposited
in the United States Mail. For the purposes of
this Section 20, such notices shall be mailed to the following respective
addresses or to such others as may be hereafter designated by either Party:
Southern California Edison Company
Xxxx Xxxxxx Xxx 000
Xxxxxxxx, Xxxxxxxxxx 00000
Attention: Secretary
Getty Synthetic Fuels, Inc.
0000 Xxxxxx Xxxxxxx
X.X. Xxx 0000
Xxxx Xxxxx, XX 00000
Attention: Senior Vice President
21. NON-DEDICATION OF FACILITIES
Neither Party, by this Agreement, dedicates any part of its facilities
involved in this Project to the public or to the service provided under
this Agreement, and such service shall cease upon termination of this
Agreement.
22. AMENDMENT
If at any time during the term of this Agreement a change in
circumstances not anticipated at the time this Agreement was executed
significantly alters the rights or obligations of either Party, the terms
of this Agreement which are directly affected by the change may be
renegotiated in good faith by both Parties. However, Edison shall have the
right to submit such change to the Commission for approval before the
changes become effective and, in such event, Commission approval shall be a
condition precedent to such change becoming effective unless such condition
is waived by Edison by a written instrument.
23. PREVIOUS COMMUNICATIONS
This Agreement contains the entire agreement and understanding between
the Parties, their agents and employees as to the subject matter of this
Agreement, and merges and supersedes all prior agreements, commitments,
representations and discussions between the Parties.
24. NON-WAIVER
None of the provisions of this Agreement shall be considered waived by
either Party except when such waiver is given in writing. The failure of
either Party to insist in any one or more instances upon strict performance
of any of the provisions of this Agreement or to take advantage of any of
its rights hereunder shall not be construed as a waiver of any such
provisions or the relinquishment of any such rights for the future, but the
same shall continue and remain in full force and effect.
25. SUCCESSORS & ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the
respective successors and assigns of the Parties. No assignment of this
Agreement, or any part thereof, by either Party shall be valid unless
approved in advance by the other Party and until the obligations of the
assigning Party so assigned have been assumed in writing by the assignee.
Such approval shall not be unreasonably withheld.
26. NO THIRD PARTY BENEFICIARIES
Except as otherwise specifically provided in this Agreement, the
Parties do not intend to create rights in, or grant remedies to, any third
party as a beneficiary of this Agreement or of any duty, covenant,
obligation or understanding established under this Agreement.
27. EFFECT OF SECTION HEADINGS
Section headings appearing in this Agreement are inserted for
convenience only, and shall not be construed as interpretations of text.
28. GOVERNING LAW
This Agreement shall be interpreted, governed and construed under the
laws of the State of California or the United States as applicable as if
executed and to be performed wholly within the State of California.
29. UNCONTROLLABLE FORCES
Neither Party shall be considered to be in default in the performance
of any of its obligations hereunder (other than an obligation to pay money)
when a failure of performance is due to Uncontrollable Forces. Nothing
contained herein shall be construed as requiring a Party to settle any
strike or labor dispute in which it may be involved.
30. DUPLICATE ORIGINALS
This Agreement is executed in two counterparts, each of which shall be
deemed an original. The signatories hereto represent that they have been
appropriately authorized to enter into this Agreement on behalf of the
Party for whom they sign. This Agreement is hereby executed as of this
31st day of December, 1982.
GETTY SYNTHETIC FUELS, INC.
By: /s/ Xxxxxx X. Xxxxxxx, III
Xxxxxx X. Xxxxxxx, III
President
SOUTHERN CALIFORNIA EDISON COMPANY
By: /s/ X. X. Xxxxxxxxx
X. X. Xxxxxxxxx
Vice President
APPENDIX B
ENERGY PURCHASE PROVISIONS
A. PURCHASE OF ENERGY
Customer agrees to sell to Edison, and Edison agrees to purchase from
Customer, the Energy produced by Customer Project and delivered to Edison.
The monthly Energy payment shall be calculated pursuant to the provisions
of this Appendix B.
B. DEFINITIONS
B.1 Avoided Fuels: Fuel or fuels that Edison would have otherwise
used if it had not made purchases of Energy from Customer, but instead
generated an equivalent amount of energy itself.
B.2 Discount Factor: This shall be 1.0 for the first five (5)
years from the date of initial Energy delivered pursuant to Section 12.1.
For the balance of the term of this Agreement, the discount factor shall be
0.87.
B.3 Edison's Average Boiler Fuel Oil Cost: The average purchase
cost shall be determined by averaging Edison's cost in dollars per million
Btu's for the boiler fuel oil purchased during the previous three (3) month
period.
B.4 Edison's Average Natural Gas Cost: The average purchase cost
shall be determined by averaging Edison's cost in dollars per million Btu's
for the natural gas purchased during the previous three (3) month period.
B.5 Energy: Net kilowatthours generated by Customer's Generating
Facility which are purchased by Edison at the Point of Interconnection.
B.6 Heat Rate: The average value, expressed in Btu's per net kWh,
calculated for the Avoided Fuel during each Time Period.
B.7 kWh's Delivered to Edison: The metered value of Energy
transmitted to Edison by Customer during each Time Period.
B.8 System Average Cost: Edison's cost for power as reported to
the Commission and determined by dividing Edison's recorded costs of fuel
used and purchased power for each calendar month by energy generated by
Edison (in kWh) during said month, with adjustment for losses incurred by
the transmission of electric energy from the generation source to the load.
B.9 Transmission Factor: The average value calculated and filed
with the Commission to compensate (Customer) for losses incurred by the
transmission of electric energy from the generation source to the load.
C. ENERGY PAYMENT
The monthly Energy payment shall be the sum of the payments for the
on-peak, mid- peak and off-peak Time Periods as calculated pursuant to
Paragraphs C.1 and C.2.
C.1 The monthly Energy payment shall be calculated as follows:
MONTHLY ENERGY PAYMENT =
On-Peak Period Energy Payment
+ Mid-Peak Period Energy Payment
- Off-Peak Period Energy Payment
C.2 Energy Payment Calculation
The Time Period Energy payment shall be based on Edison's Average
Boiler Fuel Oil Cost and/or Edison's Average Natural Gas Cost during hours
when boiler fuel oil and/or natural gas is avoided. If a fuel other than
boiler fuel oil or natural gas is avoided, the Time Period Energy Payment
shall be based on Edison's System Average Cost.
TIME PERIOD ENERGY PAYMENT =
[(kWh's Delivered to Edison by Time Period)
x (Hours Boiler Fuel Oil is Avoided by Time Period)
Time Period Hours)*
x (Discount Factor)
x (Edison's Boiler Fuel Oil Heat Rate by Time Period)
x (Edison's Average Boiler Fuel Oil Cost)
x (Transmission Loss Factor by Time Period)]
+
x [(kWh's Delivered to Edison by Time Period)
x (Hours Natural Gas is Avoided by Time Period)
Time Period Hours)*
x (Discount Factor)
x (Edison's Natural Gas Heat Rate by Time Period)
x (Edison's Average Natural Gas Cost)
x (Transmission Loss Factor by Time Period)]
+
[(kWh's Delivered to Edison by Time Period)
x (Hours other Fuel(s) is Avoided, by Time Period)
(Time Period Hours)*
x (Edison's System Average Cost)]
*Time Period Hours are defined in Edison's Tariff Schedule TOU-8.
C.3 If the monthly Energy payment in Paragraph C.1 for any monthly
billing period would result in an average payment which is less than
5.8>/kWh, then the Energy payment shall be based on 5.8>/kWh for those
kWh's delivered to Edison.
APPENDIX C
CAPACITY PAYMENT PROVISIONS
A. PURCHASE OF CAPACITY:
Customer agrees to sell to Edison and Edison agrees to purchase from
Customer Capacity provided to Edison. The Capacity payment shall be
calculated pursuant to the provisions of this Appendix.
B. DEFINITIONS:
B.1 Annual Capacity Payment is based on Edison's published Annual
Capacity Payment Schedule for Firm Power Purchase as filed with and
approved by the Commission. This payment shall be $133/kW-year for a
minimum term of twenty (20) years commencing in 1984.
B.2 Conversions to Monthly Time Period Payments convert the Annual
Capacity Payment to a monthly Time Period payment and weighs the value of
Capacity based on seasonal periods. These factors are adjusted
periodically to reflect the value of Capacity delivered during each season
and Time Period. The adjustment does not alter the total value of the
Annual Capacity Payment.
B.3 Time Period Capacity Factor shall be calculated as follows:
TIME PERIOD CAPACITY FACTOR (cannot exceed 1) =
kWh purchased by Edison
(Capacity expressed in kW) x (No. of hours)*
*See Credits provided in Paragraph B.3.1.
B.3.1 "No. of hours" refers to the total number of hours in
each Time Period in a specific monthly billing period less the following
adjustments: (a) Up to a maximum of 480 hours per year due to the
Generating Facility scheduled maintenance pursuant to Section 8 and the
disconnection from the Edison electric system pursuant to Section 6, during
the Time Period in which it occurs, and (b) up to an additional 1080
consecutive hours for major overhauls at a frequency no more than once
every three years.
B.3.2 In the event the number of hours in the aforementioned
adjustments equal the number of hours in the Time Period, the Period
Capacity Factor shall be 1.0.
B.4 Hurdle Factor shall be 1 if the Period Capacity Factor
calculation is greater than 0.51. If the Period Capacity Factor is less
than 0.51, the Hurdle Factor shall be 0.5.
B.5 Availability Factor shall equal 1 unless Customer fails to
respond to Capacity request pursuant to Section 13.2. If Customer fails to
respond, the Availability Factor shall be 0.5 for either (a) the six (6)
months following said request and until Customer demonstrates the ability
to deliver Capacity pursuant to Section 13.5, or (b) until Customer
complies with a subsequent Emergency request. If Customer fails to comply
with a subsequent Edison Emergency request during an existing six (6) month
period, the reduced Availability Factor shall continue for six (6) months
following said latest failure, subject to the terms and conditions of the
preceding sentence. In all cases the reduced Availability
Factor shall apply for the month(s) that Customer failed to respond to a
Capacity request. If Customer has notified Edison of a scheduled outage or
reduction of Capacity availability pursuant to Section 8.5, the reduced
Availability Factor shall not apply.
C. CAPACITY PAYMENT
Capacity shall be calculated as the sum of the on-peak, mid-peak and
off-peak period Capacity payments.
C.1 The monthly Capacity payment shall be calculated as follows:
MONTHLY CAPACITY PAYMENT =
On-Peak Period Capacity Payment
+ Mid-Peak Period Capacity Payment
+ Off-Peak Period Capacity Payment
C.2 The Time Period Capacity payments shall be calculated as
follows:
CAPACITY PAYMENT =
(Annual Capacity Payment)
x (Conversion to Monthly Time Period Payment)
x (Capacity)
x (Time Period Capacity Factor)
x (Hurdle Factor by Time Period)
x (Availability Factor)
D. EXAMPLE
For example, as of December 1982, the summer monthly Capacity payment
would be calculated as the sum of the following Time Period Capacity
payments:
SUMMER:
On-Peak = $133 x .13125 x 4900 kW x 0.9 x 1 x
1
Mid-Peak = $133 x .00267 x 4900 kW x 0.9 x 1 x
1
Off-Peak = $133 x .00000 x 4900 kW x 0.9 x 1
x 1
NOTE: The above example assumes Hurdle, Availability Factors of 1
and Period Capacity Factors of 0.9.
APPENDIX D
PROCEDURE FOR ENERGY AND CAPACITY PAYMENT
The method by which Customer is paid for Energy and Capacity is based on
the following:
1. Edison shall determine from monthly meter readings the Energy and
Capacity purchased by Edison during the various Time Periods for the
preceding monthly billing period.
2. Edison shall calculate the amount owed Customer for Energy and
Capacity purchased in accordance with Appendix B and Appendix C.
3. If the monthly billing period involves portions of two different
published Energy payment schedule periods, the monthly Energy payment shall
be prorated on the basis of the percentage of days at each price.
4. Within twenty (20) days following each monthly meter reading Edison
shall request a cash voucher in order to initiate payment to Customer and
mail a statement to Customer indicating the amount of Energy and Capacity
purchased during the billing period and the amount to be paid. If within
thirty (30) days of receipt of the statement, Customer does not report, in
writing, to Edison of an error, then the payment will be considered correct
and complete.
5. Edison shall prepare and mail check to Customer within ten (10) days
of mailing of the statement.
APPENDIX E
APPLICABLE TARIFF SCHEDULE(S) NO. TOU-8,
SCG-1, AND RULE NO. 21
SOUTHERN CALIFORNIA EDISON COMPANY Revised Cal. PUC Sheet No._____
0000 Xxxxxx Xxxxx Xxxxxx Cancelling Revised Cal. PUC Sheet No._____
Xxxxxxxx, Xxxxxxxxxx 00000
Schedule No. TOU-8
GENERAL SERVICE--LARGE
APPLICABILITY
Applicable to general service, including lighting and power.
This schedule is mandatory for all customers whose monthly maximum
demand extends 500 KW for any three months during the preceding 12 months.
Any customer whose monthly maximum demand has fallen below 450 KW for 12
consecutive months may elect to take service on any other applicable
schedule.
TERRITORY
Within the entire territory served, excluding Santa Catalina Island
RATES
Per Meter
Per Month
Customer Charge $550.00
Demand Charge (to be added to Customer Charge):
All KW of on-peak billing demand, per KW 5.05
Plus all KW of mid-peak billing demand, per KW 0.65
Plus all KW of off-peak billing demand, per KW No Charge
(Subject o Minimum Demand Charge.
See Special Condition No. 6)
Energy Charge (to be added to Demand Charge):
All on-peak kWh, per kWh 1.256
Plus all mid-peak kWh 0.919
Plus all off-peak kWh, per kWh 0.583
SPECIAL CONDITIONS
1. Voltage: Service will be supplied at the standard voltage
2. Off-peak: 1:00pm to 7:00pm summer weekday - except holidays
5:00pm to 10:00pm winter weekday - except holidays
Mid-peak: 9:00am to 1:00pm and 7:00pm to 11:00pm summer
weekday - except holidays
8:00am to 5:00pm winter weekday - except holidays
Off-peak: All other hours
Off-peak holidays are New Year's Day, Washington's
Birthday, Memorial Day, Independence Day, Labor Day,
Veterans Day, Thanksgiving Day, and Christmas
When any holiday listed above fall on Sunday, the following Monday will be
recognized as off-peak period. No changes in off-peak period will be made
for holidays falling on Saturday.
The summer season shall commence at 12:01 am on the last Sunday in April
and continue until 12:01 am of the last Sunday in October of each year.
The winter season shall commence at 12:01 am on the last Sunday in October
of each year and continue until 12:01 am of the last Sunday in April of the
following year.
(Continued)
Advice Letter No. 596-E Xxxxxx X. Xxxxx Xx. Date Filed: August 27, 1982
Effective: September 26, 0000
XXXXXXXX XXXXXXXXXX EDISON COMPANY Revised Cal. PUC Sheet No._____
0000 Xxxxxx Xxxxx Xxxxxx Cancelling Revised Cal. PUC Sheet No.____
Xxxxxxxx, Xxxxxxxxxx 00000
Schedule No. TOU-8
GENERAL SERVICE--LARGE
(Continued)
SPECIAL CONDITIONS (Continued)
3. Maximum Demand: Maximum demands shall be established for the
on-peak, mid-peak, and off-peak periods. The maximum demand for each
period shall be the measured maximum average kilowatt input indicated or
recorded by instruments to be supplied by the Company, during any 15-minute
metered interval, but (except for new customers or existing customers
electing Contract Demand as defined in these Special Conditions) not less
than the diversified resistance welder load computer in accordance with the
section designated Welder Service in Rule No. 2. Where the demand is
intermittent or subject to violent fluctuations, a 5-minute interval may be
used.
4. Billing Demand: Separate billing demands for the on-peak, mid-
peak, and off-peak time periods shall be established for each monthly
billing period. The billing demand for each time period shall be the
maximum demand for that time period occurring during the respective monthly
billing period.
5. Contract Demand: A contract demand will be established by the
Company, based on applicant's demand requirements for any customer newly
requesting service on this schedule and for any customer of record on this
schedule who requests an increase or decrease in transformer capacity in
accordance with Rule No. 22 D. A contract demand arrangement is available
upon request for all customers of record on this schedule. The contract
demand will be used only for purposes of establishing the minimum demand
charge for facilities required to provide service under the rate and will
not be otherwise used for billing purposes. Contract demand is based upon
the nominal kilowatt-ampere rating of the Company's serving transformer(s)
or the standard transformer size determined by the Company as required to
serve the Customer's stated measurable kilowatt demand, whichever is less
and is expressed in kilowatts.
6. Minimum Demand Charge: Where no contract demand is involved,
the monthly minimum demand charge shall be not less than the charge for 25%
of the maximum on-peak demand established during the preceding 11 months.
Where a contract demand is involved, the monthly minimum demand charge
shall be the greater of:
a. The charge as computed by multiplying 25% of the maximum
on-peak demand, established during the preceding 11 months by the demand
charge per kilowatt; or
b. A facilities charge of $1.00 per kW of contract demand.
7. Excess Transformer Capacity. The customer capacity in excess
of a customer's contract demand which is either required by the Company
because of the nature of the customer's load or requested by the customer.
Excess transformer capacity shall be billed at $1.00 per kVA per month.
8. Voltage Discount: The charges before adjustments will be
reduced by 3% for service delivered and metered at voltages of from 2kV to
10kV; by 4% for service delivered and metered at voltages of from 11 kV to
50kV; and by 5% for service delivered and metered at voltages over 50 kV;
except that when only one transformation from a transmission voltage level
is involved, a customer normally entitled to a 3% discount will be
entitled to a 4% discount.
9. Power Factor Adjustment:
a. Service Delivered and metered at 4 kV or Greater:
The charges will be adjusted each month for reactive demand.
The charges will be increased by 20 cents per kilowatt of maximum reactive
demand imposed on the Company in excess of 20% of the maximum number of
kilowatts.
The maximum reactive demand shall be the highest measured
maximum average kilovar demand indicated or recorded by metering to be
applied by the Company during any 15-minute metered interval in the month.
The kilovars shall be determined to the nearest unit. A device will be
installed on each kilovar meter to prevent reverse operation of the meter.
b. Service Delivered and Metered at Less than 4 kV:
The charges will be adjusted each month for the power factor
as follows:
The charges will be decreased by 20 cents per kilowatt of
measured maximum demand and will be increased by 20 cents per kilovar of
reactive demand. However, in no case shall the kilovars used for the
adjustment be less than one-fifth the number of kilowatts.
The kilovars of reactive demand shall be calculated by
multiplying the kilowatts of measured maximum demand by the ratio of the
kilovar-hours to the kilowatthours. Demands in kilowatts and kilovars
shall be determined to the nearest unit. A ratchet device will be
installed on the kilovar-hour meter to prevent its reverse operation on
leading power factors.
(Continued)
Advice Letter No. 565-E Xxxxxx X. Xxxxx Xx. Date Filed: July 2, 1981
Effective: August 1, 1981
SOUTHERN CALIFORNIA EDISON COMPANY Revised Cal. PUC Sheet No._____
0000 Xxxxxx Xxxxx Xxxxxx Cancelling Revised Cal. PUC Sheet No._____
Xxxxxxxx, Xxxxxxxxxx 00000
Schedule No. TOU-8
GENERAL SERVICE--LARGE
(Continued)
SPECIAL CONDITIONS (Continued)
10. Temporary Discontinuance of Service. Where the use of energy
is seasonal or intermittent, no adjustments will be made for a temporary
discontinuance of service. Any customer prior to resuming service within
twelve months after such service was discontinued will be required to pay
all charges which would have been billed if service had not been
discontinued.
11. Supplemental Visual Demand Meter: Subject to availability,
and upon written application by the customer, the Company will, within 180
days, supply and install a Company-owned supplemental visual demand meter.
The customer shall provide the required space and associated wiring beyond
the point of interconnection for such installation. Said supplemental
visual demand meter shall be in parallel with the standard billing meter
delineated in Special Condition 3 above. The readings measured or recorded
by the supplemental visual demand meter are for customer information
purposes only and shall not be used for billing purposes in lieu of meter
readings established by the standard billing meter. If a meter having
visual display capacity is installed by Edison as the standard billing
meter, no additional metering will be installed pursuant to this Special
Condition.
One of the following types of supplemental visual demand meters will
be provided in accordance with provisions above at no additional cost to
the customer: Dial Wattmeter, Recording Wattmeter, or Paper-Tape Printing
Demand Meter.
If the customer desires a supplemental visual demand meter having
features not available in any of the above listed meters, such as an
electronic microprocessor-based meter, the Company will provide such a
supplemental visual demand meter subject to a monthly charge of the meter
and its associated equipment have been approved for use by the Company.
Upon receipt from the customer of a written application the Company will
design the installation and will thereafter supply, install, and maintain
the supplemental visual demand meter subject to all conditions stated in
the first and last paragraph of this Special Condition. For purposes of
computing the monthly charge, any such supplemental visual demand meter and
associated equipment shall be treated as Added Facilities in accordance
with Rule No. 2 Paragraph H Section 1 and 2 of the tariff rules. Added
investment for computing the monthly charge shall be reduced by the
Company's estimated total installed cost at the customer location of the
Paper Tape Printing Demand Meter offered otherwise herein at no additional
cost.
The Company shall have the sole access for purposes of maintenance and
repair to any supplemental visual demand meter installed pursuant to this
Special Condition and shall provide all required maintenance and repair.
Periodic routine maintenance shall be provided at no additional cost to the
customer. Such routine maintenance includes changing charts, inking pens,
making periodic adjustments, lubricating moving parts and making minor
repairs. Non routine maintenance and major repairs or replacement shall be
performed on an actual cost basis with the customer reimbursing the Company
for such cost.
12. Contracts: An initial three-year facilities contract may be
required where applicant requires new or added serving capacity exceeding
2,000 kVA.
13. Energy Cost Adjustment: The rates above are subject to
adjustment as provided for in Part G of the Preliminary Statement. The
applicable Energy Cost Adjustment Clause rates set forth therein will be
applied to all kWh billed under this schedule.
14. Conservation Load Management Adjustment: The rates above are
subject to adjustment as provided for in Part I of the Preliminary
Statement. The applicable Conservation Load Management Adjustment Billing
Factors set forth therein will be applied to kWh billed under this
schedule.
Advice Letter No. 576-E Xxxxxx X. Xxxxx Xx. Date Filed: October 20, 1981
Effective: October 20, 0000
Xxxxxxxx Xx. 00000
XXXXXXXX XXXXXXXXXX EDISON COMPANY Revised Cal. PUC Sheet No._____
0000 Xxxxxx Xxxxx Xxxxxx Cancelling Revised Cal. PUC Sheet No._____
Xxxxxxxx, Xxxxxxxxxx 00000
Schedule No. SCG-1
STANDBY FOR COGENERATION
AND SMALL POWER PRODUCTION
APPLICABILITY
Applicable to customers whose applicable regular service rate
schedule, based on load regularly supplied by the Company, in any rate
schedule which includes a demand charge, and where a part or all of the
electrical requirements or the customer can be supplied from a cogeneration
or small power production source which meets the criteria for Qualifying
Facility as defined under 18 CFR Chapter 1, part 292, subpart B of the
Federal Energy Regulatory Commission (FERC) regulations. The cogeneration
of small power production source may be connected for (1) parallel
operation with the service of the Company or (2) isolated operation with
standby or breakdown service provided by the Company by means of a double-
throw switch.
TERRITORY
Within the entire territory served.
RATES
Per Month
Standby Charge:
All kW of standby demand, per kW $1.00
Applicable Schedule Charges to be added to Standby Charge
All charges and provisions of the applicable regular service rate
schedule designated in the generation agreement except that any portion of
the minimum demand charge under that rate schedule based on demand
previously recorded shall not apply.
SPECIAL CONDITIONS
1. Generation Agreement: This schedule shall apply only where the
customer signs a cogeneration or small power production generation
agreement.
2. Standby Demand: The level of standby demand shall be set forth
in the generation agreement.
3. Allowance for Maintenance: After a customer has received
service under this schedule for a period of six months, the added demand
created by scheduled maintenance outages of the cogeneration or small power
production source will be ignored for purposes of determining demand
charges under the applicable regular service schedule in the months of
February or March or other months acceptable to the Company upon advance
notice and subject to prevailing system peak conditions where to the
conditions stated herein Conditions are (1) customer submits to the Company
90 days prior notice of intent to perform maintenance and (2) following the
period of scheduled maintenance, customer shows to the satisfaction of the
Company, what part of the recorded maximum demand utilized for billing in
any of the months was added demand due to outage for such scheduled
maintenance. This provision is applicable for one continuous outage per
year of up to 30 consecutive days.
The Company may, at its sole option, require that the customer defer
scheduled maintenance. If so, the Company will allow an outage for
maintenance at a later date with allowance for maintenance in accordance
herewith. Notice of such deferral, if required, shall be provided to the
customer not less than 60 days prior to customer's scheduled outage date,
except in the event of emergency.
(Continued)
Advice Letter No. 592-E Xxxxxx X. Xxxxx Xx. Date Filed: May 12, 1982
Effective: May 12, 0000
XXXXXXXX XXXXXXXXXX EDISON COMPANY Revised Cal. PUC Sheet No._____
0000 Xxxxxx Xxxxx Xxxxxx Cancelling Revised Cal. PUC Sheet No._____
Xxxxxxxx, Xxxxxxxxxx 00000
Schedule No. SCG-1
STANDBY FOR COGENERATION
AND SMALL POWER PRODUCTION
(Continued)
SPECIAL CONDITIONS (continued)
4. Standby Charge Waiver: Standby Charge shall be waived in its
entirety for any billing period in which the customer's generator attains
an 85% or greater on-peak capacity factor. The on-peak capacity factor for
the customer's generator is defined as
On-Peak Capacity Factor = kWh generated
during on-peak hours
(capacity rating) on
peak hours
Capacity rating for this calculation shall be set forth in the generation
agreement. On-peak hours shall be the total hours, as defined for the on-
peak period in Schedule No. TOU-8 which occur during the billing period
minus any such on-peak hours which occur during scheduled maintenance
periods as set forth on special Condition No. 3.
The Company shall install, own, and maintain at customer's expense the
necessary meter to record energy delivered by the customer's generator so
as to implement this provision. The Company shall be allowed reasonable
lead time to acquire and install the meter.
5. Excess Energy: For parallel connections, the customer may sell
power to the Company under terms of the generation agreement and the
Company's standard price offer as applicable.
Advice Letter No. 592-E Xxxxxx X. Xxxxx Xx. Date Filed: May 12, 1982
Effective: May 12, 0000
Xxxxxxxx Xx. 00-00-000
XXXXXXXX XXXXXXXXXX EDISON COMPANY Revised Cal. PUC Sheet No._____
0000 Xxxxxx Xxxxx Xxxxxx Cancelling Revised Cal. PUC Sheet No._____
Xxxxxxxx, Xxxxxxxxxx 00000
Rule No. 21
COGENERATION AND SMALL POWER PRODUCTION
INTERCONNECTION STANDARDS
A. General. This rule sets forth requirements and conditions for
interconnected non Company-owned generation where such generation may be
connected for (1) parallel operation with the service of the Company or (2)
isolated operation with standby or breakdown service provided by the
Company. For purposes of this rule, the interconnecting entity shall be
designated the Producer.
B. Conditions.
1. An agreement executed by the Company and the Producer shall be
required for interconnected service. Terms for the purchase of power by
the Company, if applicable, shall be included therein.
2. Interconnection with the Company's system may not be made until
and unless the Company has determined that the interconnection complies
with the design and operating requirements set forth herein.
3. Where interconnection protective equipment is owned, operated
and maintained by the Producer, the Producr shall be responsible for damages
to the Company or to others arising out of the misoperation or malfunction
of the Producer-owned equipment.
4. The Producer is solely responsible for providing adequate
protection for the Producer's facilities interconnected with the Company's
system.
C. Design and Operating Requirements. Each generation facility which
is or can be connected to the Company's electric system shall be designed
and operated so as to prevent or protect against the following adverse
conditions on the Company's system. These conditions can cause electric
service degradation, equipment damage, or harm to persons.
1. Inadvertent and unwanted re-energization of a utility dead line
or bus
2. Interconnection while out of synchronization
3. Overcurrent
4. Utility system load imbalance
5. Ground faults
6. Generated alternating current frequency outside permitted safe
limits
(Continued)
Advice Letter No. 592-E Xxxxxx X. Xxxxx Xx. Date Filed: May 12, 1982
Effective: May 12, 1982
Decision No. 00-00-000 Vice President Resolution No. ________________
SOUTHERN CALIFORNIA EDISON COMPANY Revised Cal. PUC Sheet No._____
0000 Xxxxxx Xxxxx Xxxxxx Cancelling Revised Cal. PUC Sheet No._____
Xxxxxxxx, Xxxxxxxxxx 00000
Rule No. 21
COGENERATION AND SMALL POWER PRODUCTION
INTERCONNECTION STANDARDS
(Continued)
C. Design and Operating Requirements. (Continued)
7. Voltage generated outside permitted limits
8. Poor Power factor
9. Harmful wave forms
The necessary protective equipment: (relays, switchcar,
transformers, etc.) can be provided by the Producer or by the Company.
Explanatory information, operating rules and guidelines for
meeting the above requirements for _______ medium 100-1000kW, and large
(above 1000 kW facilities are contained in the Company's ______ small power
producers. Copies of said guidelines are available from the Company.
D. Interconnection Facilities.
1. Interconnection facilities include all required means, and
apparatus installed, to interconnect the ____ with the Company's system.
When the Producer desires to sell power to the Company, interconnection
_____ also all required means, and apparatus installed to enable the
Company to receive power deliveries from the Producer Interconnection
facilities may include, but are not limited to
a. Connection, transformation, switching metering,
communication, control, protective and safety equipment and
b. Any necessary enforcements and additions to the Company's
system.
2. Interconnection facilities will be installed as per the terms
and conditions of the applicable agreement.
3. The Producer shall pay for costs of interconnection with the
Company's facilities as provided in the agreement.
4. The use of interconnection facilities shall be accessible to
Company personnel.
Advice Letter No. 592-E Xxxxxx X. Xxxxx Xx. Date Filed: Maya 12, 1982
Effective: May 12, 1982
Decision No. 00-00-000 ___________________ Production No. __________
