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HomeMy WebLinkAboutReso 95-110 - Approving entering into a power exchange agreement between Pacificorp & COR _ f RESOLUTION NO. 95-JLO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING ENTERING INTO A POWER EXCHANGE AGREEMENT BETWEEN PACIFICORP AND THE CITY OF REDDING. WHEREAS, in 1983 the M-S-R Joint Powers Agency executed an agreement to purchase an ownership interest in the San Juan coal-fired power project located in New Mexico; and WHEREAS, the City of Redding has a 15% share of M-S-R's interest in the San Juan project; and WHEREAS, the City of Redding and PacifiCorp wish to enter into a Power Exchange Agreement, a copy of which is attached hereto and made a part hereof, to provide for the exchange of San Juan energy delivered to PacifiCorp in the southwest for deliveries of energy to Redding at the California-Oregon border; and WHEREAS, this Agreement will provide Redding with an opportunity to fulfill its long-held plan for growing into full utilization of the San Juan resource; NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council approves entering into said Power Exchange Agreement; that the Mayor execute the Agreement on behalf of the City; and the City Clerk attest his signature and affix the seal of the City thereto. I HEREBY CERTIFY that the foregoing Resolution was introduced, read, and adopted at an adjourned regular meeting of the City Council on the 25th day of April, 1995, by the following vote: AYES: COUNCILMEMBERS: P . Anderson , McGeorge , Murray and Kehoe NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: R . Anderson ABSTAIN: COUNCIL MEMBERS: None DAVID A. HOE, May i ATTEST: `,_ " FORM APPROVED: CONNIE STROHMAY ity Clerk W. LEONARD WINGS , City Attorney POWER EXCHANGE AGREEMENT BETWEEN PACIFICORP AND THE CITY OF REDDING 1. Preamble: THIS POWER EXCHANGE AGREEMENT ( "Agreement" ) , dated this day of April 1995 , is between PacifiCorp, an Oregon Corporation, and the City of Redding, a municipal corporation organized under the laws of the state of California ( "Redding" ) . PacifiCorp and Redding are sometimes referenced hereinafter collectively as "Parties" and individually as "Party. " 2 . Explanatory Recitals 2 . 1 MSR has a 28 . 8 percent (143 MW) ownership interest in Unit 4 of the San Juan coal-fired power project in northwestern New Mexico. 2 . 2 Service Schedule E (dated January 23 , 1985, appended as Exhibit A to this Agreement) to the TEP Interconnection Agreement, sets forth terms and conditions under which TEP and MSR share the reserve capacity and the reserve liability associated with and occasioned by their respective ownership interests in San Juan Units 1, 2 , and 4 . Among other things, the TEP Interconnection Agreement provides MSR with reserve- sharing rights and obligations . 2 . 3 Redding has a 15 percent entitlement in MSR' s rights to CG\277.95 -1- April 24, 1995 Power from the San Juan project and under the TEP Interconnection Agreement . 2 .4 Redding and PacifiCorp are Parties to an Existing Agreement under which Redding purchases system capacity and associated energy from PacifiCorp. Such purchases are delivered to Redding at COB. 2 . 5 The Parties desire to enter into this Agreement under which San Juan energy will be delivered by Redding to PacifiCorp in exchange for energy of approximately equal value delivered by PacifiCorp to Redding. 3 . Agreement: In consideration of the foregoing, the Parties hereby agree as follows : 4 . Definitions: As used in this Agreement, the following terms have the following meanings when used with initial capitalization, whether singular or plural : 4 . 1 "Agreement" means this Power Exchange Agreement between Redding and PacifiCorp, including Exhibits A, B, and C, which are attached to this Agreement and made part of this Agreement . 4 . 2 "Annual Variable Cost" means that certain weighted average variable cost derived in accordance with Exhibit B to the Existing Agreement and used in Exhibit C to this CG\277.95 -2- April 24, 1995 Agreement . 4 . 3 "California-Oregon Border" (COB) means the boundary between the states of California and Oregon. 4 .4 "Existing Agreement" means the Long-Term Power Sales Agreement between PacifiCorp and Redding, dated October 19, 1993 . 4 . 5 "FERC" means the Federal Energy Regulatory Commission. 4 . 6 "GWh" means gigawatt-hour, a unit of electrical energy. 4 . 7 "Maximum Entitlement" means Redding' s 4 .32 percent entitlement (15 percent of MSR' s 28 . 8 percent entitlement) to San Juan Unit 4 energy production. 4 . 8 "MSR" means the M-S-R Public Power Agency, a Joint Exercise of Powers Agency duly organized under the laws of the state of California and consisting of the Modesto Irrigation District, the City of Santa Clara, and the City of Redding. 4 . 9 "MW" means megawatt, a unit of electrical capacity. 4 . 10 "MWh" means megawatt-hour, a unit of electrical energy. 4 . 11 "Power" means electrical capacity and associated energy. CG\277.95 -3- April 24, 1995 4 . 12 "TEP" means Tucson Electric Power Company or its successor. 4 . 13 "TEP Interconnection Agreement" means the Intercon- nection Agreement between TEP and MSR, dated September 20, 1982 , as amended, or its successor agreement . 5 . Term and Termination 5 . 1 Effective Date and Termination: This Agreement shall become effective upon execution by both Parties . Service under this Agreement shall commence at the hour ending 0100 Pacific Time on May 1, 1995 and, except as provided in Sections 5 . 2 , 5 .3 and 5 .4 of this Agreement, shall be coterminous with the Existing Agreement . 5 . 2 Regulatory Approval : PacifiCorp shall file this Agreement with the FERC in a timely manner subsequent to its execution. PacifiCorp shall provide Redding with a copy of the filing prior to submittal to the FERC, and Redding shall file a letter of concurrence with the FERC supporting PacifiCorp' s filing of this Agreement . If the FERC does not approve or accept this Agreement for filing in its entirety, the Parties shall exercise best efforts to amend this Agreement to comply with the FERC action in a manner consistent with the Parties' original intent . In the event such an amendment is not executed by the Parties within 60 days (or longer if the Parties mutually agree) of the CG\277.95 -4- April 24, 1995 FERC' s action, either Party shall have the option to terminate this Agreement upon thirty days' written notice to the other Party. In such event, any liabilities accrued between the effective date of this Agreement and the effective date of termination, inclusive, shall remain intact . 5 .3 Early Termination By Redding: Redding shall have the right to terminate this Agreement upon four months' prior written notice, provided that in no event shall any termination under this Agreement be effective prior to the hour ending 2400 Pacific Time on September 30, 1995 . 5 .4 Early Termination By PacifiCorp: PacifiCorp shall have the right to terminate this Agreement upon one year' s prior written notice. 6 . Point (s) of Delivery 6 . 1 Deliveries to PacifiCorp: Power delivered by Redding or its agent (s) pursuant to this Agreement shall be delivered to PacifiCorp at the Palo Verde, Westwing, Moenkopi, or San Juan delivery points (as designated at any time [subject to the provisions of Section 8 of this Agreement] by PacifiCorp) , or as otherwise mutually agreed by the Parties . The delivery of such Power to PacifiCorp shall be in accordance with Section 7 of this Agreement . 6 . 2 Deliveries to Redding: Power delivered by PacifiCorp to CG\277.95 -5- April 24, 1995 Redding in consideration of receipt of San Juan energy shall be delivered at COB or as otherwise mutually agreed by the Parties . The delivery of such Power to Redding shall be consistent with Section 7 of this Agreement and with all Power delivery provisions under the Existing Agreement . 7 . Power Exchange Oblicrations 7 . 1 Redding Deliveries to PacifiCorp • Redding' s obligation to deliver Power to PacifiCorp shall be as follows : 7 . 1 . 1 Maximum Capacity Delivery: Redding shall make available to PacifiCorp its maximum share of capacity from San Juan through a combination of Redding' s rights to Unit 4 Power and Redding' s rights under Exhibit A to this Agreement, provided that, if Redding' s rights to San Juan Power are reduced during San Juan unit outages, PacifiCorp' s rights to Power under this Agreement shall be reduced to the amount available to Redding under Exhibit A to this Agreement . 7 . 1 . 2 Redding' s Rights to Capacity: To the extent, in any given hour, PacifiCorp does not exercise its full rights under Section 7 . 1 . 1 of this Agreement, Redding shall have the right to schedule for its own account capacity (and associated energy) equal to the difference between the maximum amount of Power made available to Redding in a given hour and the amount of Power that is CG\277.95 -6- April 24, 1995 being scheduled by PacifiCorp for that hour. 7 . 1 . 3 Minimum Deliveries : During each hour in which San Juan Unit 4 is operating, PacifiCorp shall have the obligation to take delivery of a minimum of 9 MWh/hr. During times when Unit 4 is unavailable, this obligation shall become zero. 7 . 1 .4 Energy Deliveries : The following energy delivery provisions shall apply: 7 . 1 .4 . 1 Beginning with the commencement of service pursuant to Section 5 . 1 of this Agreement and ending December 31, 1995 , inclusive, PacifiCorp shall have the right to take delivery of up to Redding' s Maximum Entitlement . During that same time period, PacifiCorp shall have the obligation to take delivery of the lesser of (1) Redding' s Maximum Entitlement, or (2) 86 . 7 GWh of San Juan Unit 4 energy, provided that this obligation shall be reduced by an amount equal to the reduction in Redding' s Maximum Entitlement caused by partial or complete forced outages . 7 . 1 .4 .2 Each calendar year thereafter, PacifiCorp shall have the right to take delivery of up to Redding' s Maximum Entitlement . During those same time periods, PacifiCorp shall have the obligation CG\277.95 -7- April 24, 1995 to take delivery of the lesser of (1) Redding' s Maximum Entitlement, or (2) 130 GWh of San Juan Unit 4 energy, provided that this obligation shall be reduced by an amount equal to the reduction in Redding' s Maximum Entitlement caused by partial or complete forced outages . This obligation shall not be reduced by any energy to which PacifiCorp takes delivery under the Exhibit A to this Agreement . 7 . 1 .4 . 3 In the event of a termination of this Agreement, between January 1 of the calendar year that such termination becomes effective and the termination date, inclusive, PacifiCorp shall have the right to take delivery of up to Redding' s Maximum Entitlement . During that same time period, PacifiCorp shall have the obligation to take delivery of the lesser of (1) Redding' s Maximum Entitlement, or (2) 10 . 8 GWh multiplied by the number of months applicable to such time period, provided that this obligation shall be reduced by an amount equal to the reduction in Redding' s Maximum Entitlement caused by partial or complete forced outages . 7 . 1 . 5 In addition to the rights and obligations set forth in Section 7 . 1 .4 of this Agreement, PacifiCorp shall have the right to take delivery of Power and the obligation to make available Power under the reserve- CG\277.95 -8- April 24, 1995 sharing terms of Exhibit A to this Agreement . 7 . 2 PacifiCorp Deliveries to Redding: Energy delivered by Redding to PacifiCorp from San Juan shall be exchanged for energy to be delivered by PacifiCorp to Redding under the Existing Agreement in accordance with the following methodology: 7 . 2 . 1 PacifiCorp shall deliver an amount of energy to Redding equal to the amount of San Juan energy delivered to PacifiCorp multiplied by 1 .372 provided that, during any calendar year, for any San Juan Unit 4 energy delivered to PacifiCorp in excess of the minimum amount derived pursuant to Section 7 . 1 .4 of this Agreement, the aforementioned 1 . 372 shall be reduced to 1 . 100 (or lower as mutually agreed from time to time by the Parties) . 7 .2 . 2 Redding' s obligation to take delivery of energy under the Existing Agreement shall be reduced by the greater of the amount derived in Section 7 . 2 . 1 of this Agreement or the amount derived in Section 7 . 1 .4 of this Agreement multiplied by 1 . 372 . 7 . 2 .3 PacifiCorp' s obligation to deliver energy to Redding under the Existing Agreement shall be reduced by the amount derived in Section 7 . 2 . 1 of this Agreement . The accounting associated with the foregoing provisions of CG\277.95 -9- April 24, 1995 0 0 this Section 7 . 2 are exemplified in Exhibit C to this Agreement . 7 . 3 Bond Covenant Restriction (s) : PacifiCorp hereby acknowledges that federal tax law imposes certain restrictions regarding the terms and conditions under which Redding is permitted to deliver San Juan energy to PacifiCorp without adversely affecting the tax-exempt status of the bonds issued by MSR to finance its share of the facilities comprising the San Juan generating. station. PacifiCorp hereby represents and covenants that to the extent any energy exchanged by Redding under this Agreement is exchanged on a nonsimultaneous basis, PacifiCorp shall use such energy for the purpose of satisfying one or more of PacifiCorp' s peak demands . Redding and PacifiCorp agree that one manner in which the latter may satisfy the foregoing covenant is by using San Juan energy in place of hydroelectric energy to meet its then-current load and thereby continue storing water "behind the dam" for purposes of meeting subsequent peak load(s) . In no event shall PacifiCorp be liable to any party in connection with any impairment or loss of the tax-exempt status of bonds issued by MSR in connection with San Juan, and Redding shall indemnify and hold PacifiCorp harmless in regard to any claim associated with any such impairment or loss . 8 . Scheduling: All scheduling under this Agreement shall be in accordance with the terms of Exhibit B to this Agreement . Such terms are premised in part upon Redding' s scheduling CG\277.95 -10- April 24, 1995 and/or notification obligations to other parties . On an ongoing basis during the term of this Agreement, Redding shall use best efforts to facilitate PacifiCorp' s real-time scheduling and system operation requirements (e .g. , timing and direct communications with other entities associated with Redding' s San Juan resource) as they pertain to this Agreement . To the extent the aforementioned obligations are mitigated for Redding, Redding shall use best efforts to provide commensurate relief for PacifiCorp. 9 . Audit Rights: The Parties, at their own expense, shall have the right to audit and to examine any operating and/or financial data related to any item set forth in this Agreement . Any such audit shall be undertaken by the auditing Party or its representatives at reasonable times and in conformance with generally accepted auditing standards . The right to audit any information shall extend for a period of five years following the transaction to which such information pertains under this Agreement . Both Parties fully agree to cooperate with such audit and to retain all necessary records or documentation for the entire length of the audit period. Both Parties shall take all steps reasonably available to secure the confidentiality of each other' s accounting records and supporting documents . If any such audit discloses that any discrepancies as to the intent of this Agreement, both Parties hereby agree to attempt to remedy such discrepancy in an expeditious manner. CG\277.95 -il- April 24, 1995 10. Notices : All written notices, demands, or requests required by the Agreement or the provisions hereunder, including billing invoices, shall be considered given when delivered in person or prepaid telegram or sent by first-class mail, postage prepaid, deposited in the U. S . mail, directed as follows : To Redding: Electric Utility Director City of Redding-- 760 Parkview Avenue Redding, California 96001-3396 To PacifiCorp: Vice President, Power Systems and Development PacifiCorp 825 NE Multnomah, Suite 485 Portland, Oregon 97232-4116 with copy to: Manager, Contract Customer Administration PacifiCorp 825 NE Multnomah, Suite 625 Portland, Oregon 97232-4116 The Parties may change at any time the persons to whom notices are addressed, or their addresses, by providing notices thereof as specified in this Section 10 . 11. Uncontrollable Forces : Neither Party to this Agreement shall be considered to be in default in performance of any CG\277.95 -12- April 24, 1995 obligation hereunder if failure of performance shall be due to an Uncontrollable Force . The term "Uncontrollable Force" means any cause beyond the control of the Party affected, including, but not limited to, failure of facilities, flood, tsunami, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance, labor disturbance, sabotage, and restraint by court order or public authority, which, by exercise of due foresight, such Party could not reasonably have been expected to avoid; and to the extent that by exercise of due diligence, it shall not have been able to overcome. A Party shall not, however, be relieved of liability for failure of performance to the extent such failure is due to causes arising out of its own negligence or to the extent such failure is the result of removable or remediable causes which it fails to remove or remedy with reasonable dispatch. Any Party rendered unable to fulfill any obligation by reason of an Uncontrollable Force shall exercise due diligence to remove such inability with all reasonable dispatch and shall notify the other Party of such Uncontrollable Force as soon as practicable. Nothing contained herein, however, shall be construed to require a party to prevent or settle a strike against its will . 12 . Recrulatory Modification: In the event that subsequent to the approval referenced in Section 5 . 2 of this Agreement, the FERC or any agency or court of competent jurisdiction materially modifies any term or condition of this Agreement in such a manner that either Party is required to incur new or different CG\277.95 -13- April 24, 1995 obligations not expressly provided herein, the Parties shall attempt in good faith to renegotiate the terms and conditions of this Agreement so as to preserve the original intent contemplated by the Parties . In the event the Parties are unable to renegotiate the terms and conditions of this Agreement, this Agreement shall terminate within 60 days of receiving notification from FERC, any agency, or any court of competent jurisdiction requiring material modifications to this Agreement . 13 . Waiver: Any waiver by a Party to this Agreement of its rights with respect to a default hereunder or with respect to any other matter arising in connection herewith shall not be deemed to be a waiver with respect to any subsequent default or matter. No delay, short of the statutory period of limitations, in asserting or enforcing any right hereunder shall be deemed a waiver of such right . 14 . Indemnification: Except as provided in this Section, each Party hereto hereby assumes all liability for injury or damage to persons or property arising from the act or neglect of its own employees, agents, or contractors and shall indemnify and hold the other Party harmless from any liability arising therefrom. Notwithstanding the foregoing, no Party shall be liable, whether in contract warranty, tort, or strict liability, to the other Party for any injury or death to any person or for any loss or damage to any property caused by or arising out of an electric disturbance on that Party' s CG\277.95 -14- April 24, 1995 electric system, whether or not such electric disturbance resulted from that party' s negligent, grossly negligent, or wrongful act or omission, excepting only action knowingly or intentionally taken, or failed to be taken, with the intent that injury or damage should result therefrom or which action is wantonly reckless . Each Party releases the other Party from, and shall indemnify the other Party for, any such liability. As used in this Section, (1) the term "Party" means, in addition to such Party itself, its directors, officers, and employees; (2) the term "damage" means all damage, including consequential damage; and (3) the term "person" means any person, including those not connected with either Party to this Agreement . 15 . Dispute Resolution: The Parties shall make best efforts to settle all disputes arising under this Agreement as a matter of normal business and without recourse to litigation. Pending resolution of a disputed matter, the Parties shall continue performance of their respective obligations pursuant to this Agreement . 16 . Assicxnability: This Agreement shall not be assigned without the prior written consent of the Parties, which consent shall not be unreasonably withheld, except : 16 . 1 To any person or entity into which or with which the Party making the assignment is merged or consolidated or to which the Party transfers substantially all of its assets . CG\277.95 -15- April 24, 1995 0 16 .2 To any person or entity wholly owning, wholly owned by, or wholly owned in common with the Party making the assignment . No assignment, merger, or consolidation shall relieve any Party of any obligation under this Agreement . Subject to the foregoing restrictions in this Section 16, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the Parties-.and their respective successors and assigns . IN WITNESS WHEREOF, the Parties to this Agreement have caused this Agreement to be executed in their respective names by their respective officers thereunder duly authorized. CITY OF REDDING By: Attest : Title : By: Address : Title. PACIFICORP By. Title. Address : CG\277.95 -16- April 24, 1995 EXHIBIT A INTE CONNECTION AGREEMENT between TUCSON ELECTRIC POWER COMPANY and M-S-R PUBLIC POWER AGENCY SERVICE SCHEDULE E RESERVE SHARING This Service Schedule E is agreed upon as part of the Inter- connection Agreement entered into between TUCSON ELECTRIC POWER COMPANY ("Tucson" ) and M-S-R PUBLIC POWER AGENCY ("M-S-R" ) . E.1 This Service Schedule E shall be deemed effective when the purchase of an undivided 28.8% ownership interest in San Juan Generating Station Unit No. 4 ("Unit No. 40) from PNM is completed by M-S-R. This Service Schedule shall be in effect thereafter for the life of Unit No. 4 or until terminated by either Party upon three (3) years advance written notice. E.2 This Service Schedule E sets forth the terms and condi- tions under which the Parties shall share the reserve capacity and the reserve liability associated with and occasioned by their respective ownership interest in Unit No. 4 and in San Juan Generating Station Unit No. 1 and Unit No. 2 ("Unit No. 1" and "Unit No. 2") . E.3 It is contemplated that M-S-R will acquire an undivided 28. 8% ownership interest in Unit No . 4 on May 1, 1995. Said 28.8% ownership interest in Unit No. 4 is estimated to be 138 MW of capacity and energy. When M-S-R acquires said ownership interest i41 Uni . No. 4 , the Parties hereby agree that M-S-R will assign to Tucson fcr reserve puzz-ses one-half of :4-S-R' s capacity rights in Unit No. 4 and Tucson will in turn assign to M-S-R for reserve purposes an equal amount of Tucson' s capacity rights in Unit No. I and Unit No. 2. E.4 It is recognized that this Service Schedule E is entered into for the purpose of reducing the reserve requirements of M-S-R and Tucson only and it is understood that no ownership rights are in any way to be affected by this Service Schedule E. E.5 It is understood that M-S-R will count as capacity one-half of its generation entitlement in Unit No. 4 and one quarter in each of Unit No. 1 and Unit No. 2 , and will schedule from these units based on their availability. For purposes of energy accouting, M-S-R hourly energyantitlements shall be deter- mined by multiplying the M-S-R participation percentage expressed as a decimal quantity by Unit No. 4 hourly capability less the ti-S-R hourly curtailment of Unit No. 1 and Unit No. 2 less the M-S-R hourly curtailment of Unit No. 4. Energy schedules will be adjusted to reduce imbalances in the course of the year based on the M-S-R energy entitlements. Adjustments in the deliveries of energy to M-S-R during the first two months of the succeeding calendar year will be made based upon the year end equalization. This two-month period may be extended by mutual agree- ment of the Operations Committee if winter or spring maintenance is scheduled on Unit No. 1, Unit No. 2 or Unit No. 4 and the resulting energy shift is in a balancing direction. E. 6 No time limit will be placed on the sharing of reserves in Unit No. 1, Unit No. 2 or Unit No. 4 . However, energy imbal- ances resulting from the sharing of reserves will be limited to :e energy equivalent of 60 dads ' operation at 100 percent capa- city factor operation of one-half, of the M-S-R entitlement in --- 7. 7 Start-up energy cbligaticns for the M-S-R share of Unit No. 4 will be furnished to PNM by M-S-R and start-up energy obligations for the Tucson share of Unit No. 1 and Unit No. 2 will be furnished to PNM by Tucson. When Unit No. 4 is down, Tucson will schedule start-up energy to PNM for M-S-R. If Unit No. 1 or Unit No. 2 is operating, M-S-R will schedule a like amount of energy from its capacity rights in said operating Unit to Tucson. If both Unit No. 1 and Unit No. 2 are not operating, Tucson will maintain an account of energy scheduled to PNM for M-S-R and M-S-R will return a like amount of energy to Tucson within 60 days of the date that Unit No. 1, Unit No. 2 or Unit No. 4 1. returned to service. In the event San Juan Unit'4No. 1 or Unit No. 2 should. be subjected to an extended outage other than a normal maintenance outage, Tucson will assign an equal amount of Reserve Sharing capacity to M-S-R from the other San Juan Unit until the San Juan. Unit experiencing the extended outage is returned. to service. In. the event San Juan Unit No. 4 is subjected to an. extended outage other than a normal maintenance outage, M-S-R and Tucson will, four months after the start of the outage, sus.- pend us-pend Reserve Sharing until San Juan Unit No. 4 is returned to service. Executed this 21_�-_day of ` 3 AL),WLf 19 8 r . TUCSON E:.ECTP.IC POWER COMPANY _ By M-S-R PUBLIC POWER AGENCY Exhibit B Scheduling Procedures Annual Forecasts : By December 10 of each calendar year, PacifiCorp shall furnish Redding with a nonbinding estimate showing PacifiCorp' s anticipated monthly usage of San Juan energy for the following calendar year. Monthly Preschedules : By the 24th of each month, PacifiCorp shall furnish Redding with a nonbinding estimate for the following month of the hourly usage of San Juan energy. Such estimate may be in the form of a typical weekday, Saturday, and Sunday/holiday hour- by-hour schedule . Daily Preschedules : Prior to 07 : 50 hours each work day, PacifiCorp shall furnish a preschedule for the following day(s) showing the intended usage of San Juan energy. Real-Time Schedules : 1 . Redding shall make best efforts to notify PacifiCorp of any change necessary in prescheduled quantities necessitated by an operating emergency or outage and the expected duration of the operating emergency or outage. 2 . PacifiCorp shall make best efforts to notify Redding of any changes necessary in prescheduled quantities due to emergencies on its system. Real-time schedule changes should be reported to Redding at least 45 minutes prior to the affected hourly scheduling period and, preferably, 60 minutes prior to the affected hourly scheduling period. Exhibit C Monthly Billing Example Under This Agreement and the Existing Agreement Assumptions : Delivery to PacifiCorp @ San Juan (Agreement') : 14, 000 MWh Exchange @ COB (1 .372 * 14, 000) : 19, 208 MWh Existing Agreement @ COB (32, 000 - 19, 208) 12 , 792 MWh TOTAL 32 , 000 MWh Existing Agreement' Capacity Cost : $16.60/kW-Mo Existing Agreement Annual Variable Costs : $16 . 02/MWh Existing Agreement Transmission Costs : $ 3 . 09/MWh Results : The billing under the Existing Agreement would appear as follows : Capacity : 50 MW @ $16 . 60/kW-Mo $830, 000 Energy: 12 , 792 MWh @ $16 . 02/MWh $204, 928 Transmission: 32, 000 MWh @ $3 . 09/MWh $ 98, 880 TOTAL BILL $1,133, 808 "Agreement" refers to this Power Exchange Agreement between Redding and PacifiCorp 2 "Existing Agreement" refers to the Long-Term Power Sales Agreement between Redding and PacifiCorp dated October 19, 1993 . r_ .. — —,. ,- i viiui T-41- Jj r •j-Ci,±CLq r CWICK 313tMV13- Jib 224 4iM ;; Z/ Z r, HrM-d 1-177) 1 / 77 rP11.J1•1 �,l I I UI" Mr-!AJ L VU tLtl,1 K l 1. I U DIUJd(De",f r'.VJQ-1/rant ItP �vx ss WEBREOV, the Parties to this Agreement have Caused this }agreement to be executed in Chair respective names by their respective officers thereunder duly authorized. CITY OF RIDDING By: Atteatz Title: sy: Address: Title: PACIFICORP 0 QA " Title: � a�ryS Address: e'1..�'��g &=QW&AL i ca\all.95 -i7- April 21, 1995 TOTAL P.002