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HomeMy WebLinkAboutReso 93-026 - Approve & Authorize the mayor to execute Amendment No 3 to Contract DE-MS65-83WP59008 dated 01/16/84 with Dept of Energy, Western Area Power Admin.i RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING a APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE 'i AMENDMENT NO. 3 TO CONTRACT DE-MS65-83WP59008 DATED i JANUARY 16, 1984, WITH THE DEPARTMENT OF ENERGY, 'I WESTERN AREA POWER ADMINISTRATION; AND APPOINTING THE DIRECTOR OF THE ELECTRIC UTILITY OR HIS DESIGNEE TO SERVE AS THE CITY'S REPRESENTATIVE TO THE OPERATING COMMITTEE ESTABLISHED BY SAID AMENDMENT. WHEREAS, the City of Redding has entered into a Power Sales Contract with the Western Area Power Administration; and WHEREAS, attached hereto and incorporated herein by reference is Amendment No. 3 to said Contract; and WHEREAS, said. Amendment enables the City to utilize its own power generation and other power resources to serve its load; permits staff to optimize the economic use of those power resources in accordance with prudent utility practices; and provides the City with certain required control area services at a lower cost than available alternatives; and WHEREAS, said Amendment also confirms and clarifies the direction for the City' s future resource development programs; and WHEREAS, -the Electric Department has requested City Council approval of Amendment No. 3, and the appointment of the Director of the Electric Utility or his designee to serve as the City' s representative to the Operating Committee established by said Amendment; and WHEREAS, funding for the services provided by this Amendment are included in the Electric Utility' s long-term economic projections, and will be included in the Electric Utility' s FY 1994 and subsequent years' budget requests. The current estimate of the funding requirement for FY 1994 is approximately $75,000 . NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1. The City Council of the City of Redding hereby approves the attached Amendment No. 3 to said Power Sales Contract. 2. The Mayor of the City of Redding is hereby authorized and directed to sign Amendment No. 3 on behalf of the City of Redding; and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding thereon. 3 . The Director of the Electric Utility or his designee is hereby appointed as the City of Redding' s representative to the Operating Committee established by said Amendment No. 3 . I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the day of 1993, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: CHARLIE MOSS, Mayor City of Redding A ST: CONNIE STROHMAYER City Clerk FO PROVED: "NDALL A. HAYS City Attorney 2 ymendment No .3 to Contract No. DE-MS65-83WP59008 UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION CENTRAL VALLEY PROJECT CALIFORNIA AND THE CITY OF REDDING, CALIFORNIA AMENDMENT TO CONTRACT DE-MS65-83WP59008 FOR ELECTRIC SERVICE CITY OF REDDING FOR REAL-TIME SCHEDULING Amendment No. 3 to Contract No. DE-MS65-83WP59008 UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION CENTRAL VALLEY PROJECT CALIFORNIA AMENDMENT TO CONTRACT DE-MS65-83WP59008 FOR ELECTRIC SERVICE CITY OF REDDING FOR REAL-TIME SCHEDULING I 4 TABLE OF CONTENTS Article Page 1 . PREAMBLE 1 2 . EXPLANATORY RECITALS 1 3 . AGREEMENT 2 4 . TERM OF CONTRACT AMENDMENT 3 5 . DEFINITIONS 6 . SCHEDULING OF WESTERN POWER 4 4 7 . ENERGY ENTITLEMENT, SCHEDULE, AND DEVIATION ACCOUNTS 9 8 . REDDING/WESTERN SCHEDULING PROCEDURES 13 9 . DEVIATION ACCOUNTING BETWEEN METERED .AND SCHEDULED ENERGY 13 10 . FORECASTS AND REPORTS 14 11 . RESERVE REQUIREMENTS 14 l 12 . SCHEDULING SERVICE PROVIDED BY WESTERN 14 13 . REGULATION 15 14 . SPINNING RESERVE 16 15 . RATES AND BILLING 16 I. 16 . NEGOTIATIONS WITH THIRD PARTIES 18 17 . OPERATING COMMITTEE 18 18 . DISPUTE RESOLUTION 19 19 . GENERAL POWER CONTRACT PROVISIONS 20 20 . EXHIBITS MADE PART OF THE PRIMARY CONTRACT 20 21 . PRIMARY CONTRACT TO REMAIN IN EFFECT 21 SIGNATURES 22 Exhibit B - Operating Agreement, Including Quantitative Determinations Exhibit D - Calculation of Monthly Energy Entitlement Exhibit E - Percentage Amounts to be Applied for Scheduling Monthly Energy Entitlements Exhibit F - Scheduling Procedures Exhibit G - Deviation Accounting Between Metered and Scheduled Energy Exhibit H - Forecasts and Reports Exhibit I - NERC Memorandum re Dispute Resolution Resolution Exhibit J - Rates for Electric Service i Amendment No 3 to Contract No. DE-MS65-83WP59008 UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION CSL VALLEY PROJECT CALIFORNIA AND THE CITY OF REDDING, CALIFORNIA AMENDMENT TO CONTRACT DE-MS65-83WP59008 FOR ELECTRIC SERVICE CITY OF REDDING FOR REAL-TIME SCHEDULING n amendment No. 3 to Contract No. DE-MS65-83WP59008 ' 1 2 . 3 . Redding and Western have entered into a Letter 2 Agreement No. 3 , dated May 1 , 1986 , ( Redding LOA-3 ) pursuant to 3 which Redding and Western agreed to negotiate to enter into the 4 necessary agreements to implement certain principles in said 5 Redding LOA-3 . 6 7 2 . 4 . Redding desires to engage in scheduling of its power 8 resources, including those Redding resources supplied by Western 9 and those supplied through Western' s system. 10 11 2 . 5 . Western sells Power to Redding pursuant to the Primary 12 Contract, provides transmission services pursuant to Contract 13 No. 88-SAO-40001 , and may provide certain other services to 14 Redding pursuant to Contract No. 92-SAO-20013 (Services Contract) 15 should that Services Contract become effective. 16 17 2 . 6 This Contract Amendment to the Primary Contract 18 implements the procedures to be followed in the scheduling and 19 accounting of Power purchased by Redding from Western under the 20 Primary Contract and the scheduling of Power from Redding' s own 21 and other purchased resources, as required to meet Redding' s 22 loads and reserve requirements . '3 24 3 . AGREEMENT 25 The Parties agree to the terms and conditions set forth herein. 26 2 - Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 UNITED STATES 2 DEPARTMENT OF ENERGY 3 WESTERN AREA POWER ADMINISTRATION 4 CENTRAL VALLEY PROJECT 5 CALIFORNIA 6 7 AMENDMENT TO CONTRACT DE-MS65-83WP59008 FOR ELECTRIC SERVICE . 8 CITY OF REDDING 9 FOR POWER SCHEDULING 10 11 12 1 . PREAMBLE 13 This Contract Amendment is made this day of , 14 1993 , between the UNITED STATES OF AMERICA, WESTERN AREA POWER 15 ADMINISTRATION (Western ) and the CITY OF REDDING (Redding) , as 16 part of Contract No. DE-MS65-83WP59008, as amended ( Primary 17 Contract) pursuant to the same authorities . as the Primary 18 Contract and subject to all of the provisions of the Primary 19 Contract, except as herein amended. Redding and Western are 20 sometimes hereinafter referred to individually as "Party" and 21 together as "Parties . " 22 23 2 . EXPLANATORY RECITALS 24 2. 1 . Redding operates an electric power system, including 25 generation, transmission, and distribution facilities, 26 hereinafter referred to as Redding' s System. 27 28 2 . 2 . Redding is a preference customer of Western and is 29 directly connected with Western' s transmission system. 30 - 1 - i Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 in good faith, an appropriate replacement contract or contract 2 amendment which provides for the necessary or desirable 3 scheduling procedures and associated services. 4 5 5 . DEFINITIONS 6 5 . 1 . Annual Scheduled Western Energy: The sum of the 7 Scheduled Western Energy for the calendar year. 8 i 9 5 . 2 . Annual Energy Entitlement : The sum of the Energy 10 Entitlements under the Primary Contract for the calendar year 11 pursuant to Exhibit D. 12 13 5 . 3 . Average Monthly Load Factor: An average of 14 Redding' s load factor by month based on the most recent five ( 5 ) j 15 years of metered load data as calculated annually by Western, as 16 illustrated in Exhibit D. � 17 18 5 . 4 . Contract Amendment: This amendment to the Primary 19 Contract as it is amended or supplemented. I 20 21 5 . 5 . Contract 2948A: Contract No. 14-06-200-2948A 22 between Western and Pacific Gas and Electric Company (PG&E) . 23 24 5 . 6 . Contract Rate of Delivery (CRD) : The maximum rate 25 of delivery of Western Power from Western to Redding as defined 26 in the Primary Contract . 27 4 - Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 4 . TERM OF CONTRACT AMENDMENT 2 4 . 1 . Except for Sections 6 through 18 and Exhibits E, F, G, 3 H and J, this Contract Amendment will become effective upon 4 execution and shall remain in effect for the term of the Primary 5 Contract, subject to the termination provisions of this Contract 6 Amendment given below. Upon Redding giving three ( 3 ) months' 7 advance written notice to Western, Sections 6 through 18 and 8 Exhibits E, F, G, H and J shall become effective on the later of 9 November 1 , 1993 or the first day of the month following the 10 three months' notice period, unless otherwise agreed by the 11 Parties, and shall remain in effect for the term of the Primary 12 Contract, subject to the termination provisions of this Contract 13 Amendment given below. 14 15 4 . 2. This Contract Amendment may be terminated by either 16 Party upon three ( 3 ) years' advance written notice, except as 17 provided in Section 13 . 2. 18 19 4 . 3 . If a Party terminates this Contract Amendment pursuant 20 to Section 4 . 2, then the Parties are relieved of any obligations 21 under this Contract Amendment and the scheduling of Western Power 22 to Redding shall revert to the procedures provided for in the 23 Primary Contract. 24 25 4 . 4 Upon either Party giving notice of termination of this 26 Contract Amendment and provided that the Parties' systems are and 27 will remain directly interconnected, the Parties shall negotiate, 3 - Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 between the Northern California areas and other adjoining areas 2 as may be designated by the Parties . 3 4 5 . 14 . Operating Committee : The committee established 5 pursuant to Section 17 of this Contract Amendment . 6 7 5 . 15 . Other Power: Power scheduled from Redding' s 8 resources or purchases which is transmitted to Redding' s System 9 but is not Western Power. 10 I 11 5 . 16 . Power: Capacity and associated energy . 12 13 5 . 17 . Primary Contract: The contract for electric 14 service to Redding (No. DE-MS65-83WP59008 ) between Redding and 15 Western as amended or supplemented. P 16 h, 17 5 . 18 . Prudent Utility Practice: Those practices, i 18 methods, and procedures, as modified from time to time, that are 19 currently and commonly used by electric utilities to design, 20 engineer, select, construct, operate, and maintain electric power 21 facilities and equipment dependably, reliably, safely, 22 efficiently, and economically, with due regard to the state-of- 23 the-art in the electric power industry, as generally applied in 24 the Western Systems Coordinating Council area. i 25 26 5 . 19 . Regulation Service: Regulation service provided 27 by Western pursuant to Exhibit G hereof. 6 - Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 5 . 7 . COTP : The California-Oregon Transmission Project. 2 3 5 . 8 . Deviation Allowance Band: An allowable MW limit, 4 positive or negative, which describes the difference between 5 Redding' s scheduled and metered Power, as set forth in Exhibit G. 6 7 5 .9 . Emergency: A period of time during which 8 Redding' s generation and/or transmission resources have been made 9 unavailable because of a forced outage. 10 11 5 . 10 . Energy Entitlement : The amount of monthly energy 12 Redding is entitled to purchase from Western pursuant to the 13 Primary Contract as determined in Section 7 of this. Contract 14 Amendment and set forth in Exhibit D to this Contract Amendment. 15 16 5 . 11 . Fiscal Year: The Federal Fiscal Year beginning 17 October 1 and ending the following September 30 . 18 19 5 . 12. Hourly Load Pattern: An amount of Power in each 20 hourly period determined by the forecasted load in such hourly 21 period multiplied by the ratio (not greater than one) of the CRD 22 divided by the forecasted peak System Load for the month. 23 24 5 . 13 . Interties : Refers to each or all of the 25 following: the Pacific Northwest/Pacific Southwest AC or DC 26 Intertie, SOT, the COTP, or other major transmission facilities 5 - Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 6 . SCHEDULING OF WESTERN POWER 2 6 . 1 . Redding shall have the right to schedule up to one 3 hundred percent ( 100% ) of Redding' s CRD in any scheduling period 4 subject to the specific restrictions contained in this Contract 5 Amendment, particularly the scheduling limitations of Exhibit G. i 6 Redding shall not schedule less than the lesser of thirty-five 7 percent ( 35% ) of its CRD or its System Load in any hour period 8 unless such reduction is agreed to by Western' s dispatchers. 9 10 6 . 2 . Western shall have the right to restrict Redding' s I, 11 schedule of Western Power to generally conform with Redding' s 12 HourlyLoad Pattern when 1 ( ) Western gives Redding at least one 13 hour' s notice prior to the affected hour( s ) ; and ( 2 ) in Western' s i 14 sole judgment, Redding' s schedule of Western Power would 15 adversely impact ( a) Western economically or operationally, or 16 (b) Western' s ability to meet CVP project load and/or long-term 17 firm power sales obligations. Redding and Western dispatchers 18 may agree upon suitable alternative hourly schedules for the i 19 delivery of Western Power to Redding, provided that, western 20 shall have the final determination whether, under the provisions 21 of this Section 6, Redding shall restrict its schedule of Western 22 Power to the Hourly Load Pattern. 23 24 6 . 3 . when it becomes necessary for Western to restrict the 25 delivery of Western Power to conform with Redding' s Hourly Load 26 Pattern, the Parties' dispatchers will use the monthly forecasted 27 peak System Load for Redding provided by Redding pursuant to 8 - • Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 2 5 . 20 . Scheduled Energy : The sum of Redding' s internal 3 generation, the schedule of Western Power, and the schedule of 4 Other Power to Redding. 5 6 5 . 21 . Scheduled western Energy: The monthly amount of 7 energy purchased and scheduled from Western by Redding at the 8 points of delivery designated in Exhibit C of the Primary 9 Contract. 10 11 5 . 22 . SOT: The South of Tesla Transmission over which 12 Redding has an allocation of the Transmission Agency of Northern 13 California' s (TAMC) entitlement to 300 MW of transmission service 14 between PG&E' s Midway substation in California, the COTP Southern 15 Terminus, and the IANC members, as defined in the SOT Principles 16 or the Federal Energy Regulatory Commission (FERC) approved rate 17 schedule for such service. 18 19 5 . 23 . System Load: The sum of the metered demand of 20 Redding as determined by the coincident sum of the net actual 21 interconnection flows and any internal Redding generation. 22 23 5 . 24 . Western Power: Capacity and associated energy 24 which Redding is entitled to purchase from western pursuant to 25 the Primary Contract. 26 - 7 - i • Amendment No. 3 to p Contract No. DE-MS65-83WP59008 1 7 . 2 . Redding' s Scheduled Western Energy in a month shall not 2 exceed the monthly percentage amounts , which are specified on 3 Exhibit E, of Redding' s Energy Entitlement for such month. 4 Energy scheduled by Redding from Western in excess of those 5 monthly percentage amounts of Redding' s Energy Entitlement for 6 the month shall be billed by Western as an unauthorized overrun 7 under Western' s rate schedules applicable to the Primary 8 Contract. The monthly percentage amounts specified in Exhibit E 9 may be modified by the Parties only upon mutual agreement. If 10 Redding schedules energy in excess of Redding' s Energy i 11 Entitlement for a month as allowed under this Section, then 12 Redding shall reduce its schedules of Western Power so that the 13 Annual Scheduled Western. Energy in a calendar year does not 14 exceed the limit provided in Section 7 . 4 below. Redding shall 15 make best efforts to provide such reductions in the months of 16 September through March or as otherwise agreed between the 17 Parties' dispatchers . I 18 19 7 . 3 . The Annual Scheduled Western Energy in a calendar year 20 shall not be less than seventy-five percent ( 75% ) or greater than 21 one hundred percent ( 100% ) of the Annual Energy Entitlement as 22 specified in Exhibit D for the calendar year except as provided 23 for in Section 7 . 4 and 7 . 5 below. 24 25 7 . 4 . If the Annual Scheduled Western Energy in a calendar 26 year is greater than one hundred percent ( 100% ) of the Annual 10 - Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 Section 10 . This forecasted peak System Load estimate shall be 2 used to compute the Hourly Load Pattern for Western Power. If, 3 during a month, Redding' s peak System Load is expected to exceed 4 the forecasted peak System Load, then the new expected peak 5 System Load will become the forecasted peak System Load for the 6 purpose of calculating the Hourly Load Pattern. The Parties' 7 dispatchers will agree to the new expected peak System Load. 8 9 6 . 4 . Should it become necessary for Western to restrict 10 Redding' s schedule of Western Power to Redding' s Hourly Load 11 Pattern, such restriction shall be limited in duration and scope 12 to the extent necessary as determined by Western' s dispatchers to 13 reduce or eliminate the potential adverse impacts to Western. 14 Western shall distribute scheduling curtailments equitably, as 15 determined by Western, among its scheduling customers. 16 17 7 . ENERGY ENTITLEMENT, SCHEDULE, AND DEVIATION ACCOUNTS FOR 18 WESTERN POWER 19 7. 1 . The Energy Entitlement for Redding shall be determined 20 by multiplying the CRD by the Average Monthly Load Factor and by 21 the number of hours in the month for which the Energy Entitlement 22 is being computed, as specified in Exhibit D, which shall be 23 updated January 31 and July 31 of each year. In those months 24 when Redding' s monthly peak is less than its CRD, the monthly 25 projected peak shall be used in the computation of the Energy 26 Entitlement instead of the CRD. 27 9 - r I Amendment No. 3 to �- Contract No. DE-MS65-83WP59008 1 If the annual billing charges for energy due Western in a 2 calendar year are less than the MABC as computed above for any 3 calendar year, then Redding shall pay Western the difference 4 between the annual billing charges and the MABC for the calendar 5 year under consideration, except to the extent the MABC may be 6 reduced as provided in the Services Contract if and when that 7 Contract becomes effective. 8 9 7 . 6 . Except as herein provided, it is the intent of this 10 Contract Amendment that there will be no deficit or excess energy 11 accounting relating to the scheduling and delivery of Western 12 Power. 13 14 7 . 7 . Nothing in this Contract Amendment modifies or I 15 restricts Western' s right to withdraw Western Power from Redding 16 as that right is defined in the Primary Contract as amended and 17 as may be finally determined by the courts in the City of Santa i 18 Clara, et al . vs . Watkins (Civil Action No. 85-2899 ) . Western and 19 Redding agree that this Contract Amendment shall not prejudice 20 any rights or claims of Redding or Western in said lawsuit nor 21 shall this Contract Amendment be used in any manner to interpret i 22 the contractual right of Redding or Western which are in dispute i 23 in said lawsuit. 24 25 12 - 40mendment No. 3 to Contract No. DE-MS65-83WP59008 1 Energy Entitlement for the calendar year, then Redding shall pay 2 Western an amount computed by the following formula: 3 Additional Billing Charge = ABC = (UOC) (ASWE-AEE) if greater 4 than zero: 5 Where: 6 AEE = Annual Energy Entitlement 7 ASWE = Annual Scheduled Western Energy 8 UOC = The weighted average of Western' s unauthorized 9 overrun charge for the applicable year pursuant to 10 Western' s CVF-6 or successor rate schedule 11 12 Provided, that the ABC shall be reduced by the sum of all charges 13 associated with an unauthorized overrun under Section 7 . 2 above. 14 15 7 . 5 . Redding may schedule less than seventy-five percent 16 ( 75% ) of the Annual Energy Entitlement, provided that the annual 17 billing charges due Western in a calendar year for energy 18 supplied by Western are not less than the amount computed by the 19 following formula: 20 21 Minimum Annual Billing Charge = MABC = 22 Sum of [ ( 0 . 75 ) (EEn) ( Rn) for n = 1 through 12 months ) 23 Where: 24 EEn = Energy Entitlement for month n 25 Rn = Applicable CVP Rate for month n 26 n = Months 1 through 12 in a calendar year. 27 - 11 - f amendment No. 3 to Contract No. DE-MS65-83WP59008 1 10 . FORECASTS AND REPORTS 2 Redding shall provide to Western the forecasts and reports i 3 specified in Exhibit H. Exhibit H shall be attached hereto and 4 made a part hereof . The Parties recognize that the forecast and 5 report information needed by Western and specified in Exhibit H 6 may change from time to time. In such event, appropriate 7 modifications shall be made to Exhibit H. 8 i 9 11 . RESERVE REQUIREMENTS 10 Reddingshall maintain or purchase sufficient operating reserves 11 (spinning and operating reserve which can be made available 12 within ten minutes ) to cover its resources and for service to its 13 loads not served by Western under the Primary Contract or by 14 other firm power sources backed by reserves in accordance with 15 the standards set forth by the Western Systems Coordinating i 16 Council' s Minimum Operating Reliability Criteria approved August 17 11 , 1987, or its successor. 18 19 12 . SCHEDULING SERVICE PROVIDED BY WESTERN 20 Upon three months' written notice to Western by Redding and in r 21 accordance with Section 4 . 1 of this Contract Amendment, Western 22 will provide certain scheduling services as specified herein. 23 Redding will submit its schedules of Power over the Interties and 24 other paths as may be designated by Redding to Western for 25 implementation. Western will communicate and coordinate such 26 schedules with other utilities and control area operators as i 27 necessary to implement such schedules . Redding will direct its - 14 - i ® Andment No. 3 to Contract No. DE-MS65-83WP59008 1 8 . REDDING/WESTERN SCHEDULING PROCEDURES 2 The scheduling procedures are hereby agreed to by the Parties and 3 specified in Exhibit F which is attached hereto and made a part 4 hereof. The Parties recognize that the scheduling procedures in 5 Exhibit F may require modification from time-to-time to reflect 6 updated operating procedures which may become applicable to the 7 Parties. In such event, the Parties , working through the 8 Operating Committee, shall make appropriate modifications to 9 Exhibit F. 10 11 9 . DEVIATION ACCOUNTING BETWEEN METERED AND SCHEDULED ENERGY 12 In the course of daily scheduling, actual Redding System Load may 13 vary from the scheduled energy . Such deviations, ( i .e. , hourly 14 differences between Scheduled Energy and actual System Load, - 15 oad, -15 either positive or negative) under Prudent Utility Practices 16 should be held to a minimum by Redding forecasting its daily 17 loads and scheduling energy resources to meet the anticipated 18 System Load. The procedures for deviation accounting between 19 metered and scheduled energy, and compensation to Western for 20 such deviations, is specified in Exhibits G and J which are 21 attached hereto and made a part hereof . The Parties recognize 22 that the deviation accounting procedures in Exhibit G may require 23 modification from time-to-time to reflect updated operating 24 procedures which may become applicable to the Parties . In such 25 event, the Parties, working through the Operating Committee, 26 shall make appropriate modifications to Exhibit G. 27 13 - r :zmendment No. 3 to Contract No. DE-MS65-83WP59008 1 in good faith to place into effect a successor Contract Amendment 2 to provide for scheduling and coordination between the Parties as 3 may be necessary and desirable. In the event Redding forms its 4 own control area separate from Western and PG&E, Redding will 5 provide its own regulation. 6 7 14 . SPINNING RESERVE 8 Western shall provide and Redding shall purchase spinning 9 reserves to be scheduled by Redding, provided that, western shall I 10 not be obligated to provide spinning reserve to Redding in the j 11 event doing so would require Western to curtail CVP project loads 12 or long-term firm sales . Western' s obligation to provide spinning 13 reserves shall not exceed ten ( 10 ) MW. However, at the request 14 of Redding dispatchers and at Western' s discretion Wes li tern may 15 provide, on an "as available" basis, additional spinning reserve 16 if needed by Redding for Redding' s System Load served by other 17 than Western Power and Other Power which is firm and backed by 18 spinning reserve. 19 20 15 . RATES AND BILLING j 21 15 . 1 . Billing determinants for Western Power and billing 22 procedures will be as specified in Exhibit B attached hereto, i 23 which supersedes the existing Exhibit B under the Primary 24 Contract . I i 25 26 15 . 2 . As compensation for the spinning reserve provided by 27 Western hereunder, Redding shall pay for the amounts of spinning - 16 - Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 schedules of Power to Western sufficiently in advance so that 2 Western may comply with all applicable scheduling procedures . In 3 the event of curtailments or emergencies, Western shall notify 4 Redding as soon as practicable so that Redding may adjust its 5 schedules and generation in a timely manner to minimize penalty, 6 exacerbation of the emergency or curtailment, or creation of 7 another exigent situation. 8 9 13 . REGULATION 10 13 . 1 . Western shall provide the regulation of Power 11 necessary for instantaneous matching of Redding' s actual loads 12 and resources, including the regulation required to respond 13 during the first ten ( 10 ) minutes of an Emergency. In the event 14 Western incurs costs to provide such regulation for Redding which 15 are not covered by the Regulation Service charges provided under 16 Exhibit G or its successor, then Redding shall pay Western for 17 its appropriate share of the costs of such regulation, in 18 accordance with Section 15 . 3 of this Contract Amendment. 19 20 13 . 2 . In the event the Parties operate in a new control 21 area separate from PG&E, then Western will offer to provide 22 regulation services to Redding on the same terms and conditions 23 which it provides such services to other similarly situated 24 utilities in the control area. If Redding determines that it 25 will form its own control area separate from Western and PG&E, 26 Redding shall give Western one year' s advance written notice to 27 terminate this Contract Amendment. The Parties shall negotiate 15 - P Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 16 . NEGOTIATIONS WITH THIRD PARTIES 2 Should either Redding or Western enter into discussions with any 3 third party concerning arrangements which would impact the i 4 scheduling procedures under this Contract Amendment, then that 5 Party shall inform the other Party of such discussions . Each 6 Party shall advise the other Party at least six months in advance 7 of any significant contemplated modifications that would affect 8 the scheduling procedures under this Contract Amendment. 9 10 17 . OPERATING 'COMMITTEE 11 An Operating Committee shall be established by the Parties to 12 implement the terms of this Contract Amendment and coordinate and i 13 promulgate procedures and practices related to the Parties, i 14 operations and scheduling of Power in accordance with this 15 Contract Amendment. The Operating Committee shall be composed of 16 representatives of Redding and Western and shall meet at least I' 17 once per year at mutually agreed-upon times and places . 18 Decisions and recommendations of the Operating Committee shall be 19 made by mutual consent of the Parties . Specifically, the 20 Operating Committee shall implement and review activities, 21 practices, procedures, and policies relating to, and make every 22 effort to resolve differences relating to issues, including, but 23 not limited to, the following: setting operating and scheduling h 24 procedures, modifying exhibits to this Contract Amendment, 25 establishing alternate points of delivery and receipt, 26 coordinating communication links and equipment, reviewing and 27 establishing data exchanges and reporting requirements, and G - 18 - kendment No. 3 to Contract No. DE-MS65-83WP59008 1 reserve based upon the rate then in effect for Western' s sales of 2 spinning reserve as specified in Exhibit J, or under any 3 applicable rate schedule promulgated by Western in the future, 4 pursuant to the GPCPs . The applicable rate schedule, as amended 5 or supplemented from time-to-time, shall be attached to this 6 Contract Amendment and shall be made a part hereof; and Exhibit J 7 shall be modified as appropriate. 8 9 15 . 3 . As compensation to Western for the Regulation Service, 10 Redding shall pay the Regulation Service charge based upon the 11 rate then in effect for such services as specified in Exhibit J, 12 or under any applicable rate schedule promulgated by Western in 13 the future, pursuant to the GPCPs . Such rates shall be applied 14 as provided in Exhibit G. The applicable rate schedule, as 15 amended or supplemented from time-to-time, shall be attached to 16 this Contract Amendment and shall be made a part hereof; and 17 Exhibit J shall be modified as appropriate. 18 19 15 . 4 . As compensation to Western for the services associated 20 with deviations, Redding shall pay the deviation charge based 21 upon the rate then in effect for such services as specified in 22 Exhibit J, or under any applicable rate schedule promulgated by 23 Western in the future, pursuant to the GPCPs . Such rates shall 24 be applied as provided in Exhibit G. The applicable rate 25 schedule, as amended or supplemented from time-to-time, shall be 26 attached to this Contract Amendment and shall be made a part 27 hereof; and Exhibit J shall be modified as appropriate. - 17 - n I Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 either Party is thereafter free to file a complaint with the 2 courts regarding the remaining issues in dispute. Such a 3 complaint shall seek a resolution consistent with the Primary 4 Contract and this Contract Amendment . In such a proceeding, the 5 Parties agree that the NERC opinion or other opinion rendered in j i 6 accordance with the provisions of this Section 18 shall be 7 evidence of the reasonable solution of the issues that were 8 submitted to the NERC for resolution. 9 10 19 . GENERAL POWER CONTRACT PROVISIONS i 11 Article 21 of the Primary Contract is hereby deleted as of the 12 effective date of this Contract Amendment . The General Power 13 Contract Provisions (GPCPs ) , dated January 3 , 1989, are hereby 14 made a part of the Primary Contract for the term of the Primary 15 Contract with the following exceptions : Sections 5 , 7, 8, 9, 10, 16 and 18 through 27 of the GPCPs shall not be made applicable to 17 Redding under the Primary Contract. 18 19 20 . EXHIBITS MADE PART OF THE PRIMARY CONTRACT 20 A modified Exhibit B to the Primary Contract is attached hereto. 21 In addition to the Exhibits A, B ( as modified hereunder) , and C, 22 specified in the Primary Contract and inasmuch as the Calculation 23 of Monthly Energy Entitlement, Percentage Amounts To Be Applied 24 For Scheduling Monthly Energy Entitlements, Scheduling I 25 Procedures, Deviation Accounting Between Metered and Scheduled 26 Energy, Forecasts and Reports, NERC Memorandum, and Rates for i 27 Electric Service exhibits may vary during the term of the Primary 20 - Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 reviewing reserve requirement practices . In the event the 2 Operating Committee is at an impasse regarding any matter, the 3 issue shall be submitted by the Operating Committee for 4 resolution to the Sacramento Area Manager for Western and the 5 Electric Utility Director for Redding, who shall meet as soon as 6 practicable to resolve the issue. 7 8 18 . DISPUTE RESOLUTION 9 In the event a dispute arises under this Contract Amendment and 10 no mutually agreeable solution can be reached between Redding and 11 Western through the process described in Section 17 above, then 12 Redding or Western may submit that dispute to the North American 13 Electric Reliability Council (NERC) for an advisory opinion as to 14 the Prudent Utility Practice solution to the dispute or disputes. 15 Redding and Western shall follow the procedures set forth in 16 Exhibit I to the Primary Contract which is a NERC Memorandum 17 dated July 10 , 1990 and entitled Voluntary Procedures for 18 Resolving Disputes . The Parties shall split the costs of the 19 NERC review on an equal basis. If NERC either is unable or 20 unwilling to assist in the resolution of the issues submitted to 21 it by the Parties, then Redding and Western agree to 22 expeditiously find another third party to review the disputed 23 issues and render an advisory opinion to the Parties . In either 24 case, Redding and Western shall then negotiate the resolution of 25 the dispute or disputes based on the advisory opinion, provided 26 that if Redding and Western are unable to negotiate a 27 satisfactory resolution after receipt of the advisory opinion, 19 - f Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 IN WITNESS WHEREOF, the Parties have caused this Contract 6 2 Amendment to be executed the day and year first above written. 3 4 WESTERN AREA POWER ADMINISTRATION 5 By: �. 6 Title: I 7 Address: 8 9 10 11 (Seal) f 12 13 CITY OF R i 0 14 By: 15 Title: Mayor FOAM APPROVED 16 Address: 760 Parkview Avenue 17 Redding , CA 96001 CITY LEGAL DEPT. 18 19 Attest 20 By: i 21 Title: 22 I I i 22 - I' tendment No. 3 to Contract No. DE-MS65-83WP59008 1 Contract and this Contract Amendment, they will be set forth in 2 Exhibits D, E, F, G, H, I and J . The initial Exhibits D, E, F, 3 G, H, I , and J are attached hereto and shall be in force and 4 effect until superseded by a subsequently executed exhibit or the 5 termination of this Contract Amendment or the Primary Contract. 6 7 21 . PRIMARY CONTRACT TO REMAIN IN EFFECT 8 Except as expressly modified by this Contract Amendment, said 9 Primary Contract shall remain in full force and effect; and this 10 Contract Amendment shall be subject to all provisions of the 11 JPrimary Contract . 21 - 0 EXHIBIT B-Revision 1 Amendment No. 3 to Contract No. DE-MS65-83WP59008 I 2 . The system definitions and billing determinations set forth 3 in this Exhibit B are based upon the understanding of the Parties 4 that Redding' s electric service arrangements are such that its system requirements are being supplied from the following 6 sources : 7 3 a. Western Power. 9 b. Power Service from other suppliers . 10 C . Power service from Redding' s own sources . 11 12 Article I 13 1 . Billing Determinations - Redding Scheduling Service 14 15 a. The maximum demand for billing purposes shall be the maximum 16 scheduled hourly delivery of Western Power to Redding during 17 the billing period pursuant to the scheduling agreement i 18 between Redding and the Contracting Officer, not to exceed j. 19 the contract rate of delivery as set forth in Exhibit A of 20 the Primary Contract. 21 22 b. The total energy for billing purposes shall be the absolute 23 hourly sum of the amounts of Scheduled Western Energy 2.1 scheduled to Redding during the billing period. 25 Page 2 of 5 EXHIBIT B-Revision 1 Amendment No. 3 to Contract No. OE-MS65-83WP59008 1 OPERATING AGREEMENT INCLUDING QUANTITATIVE DETERMINATIONS 2 3 1 . This Exhibit B, made this day of 1993 , to 4 be effective under and as part of the Primary. Contract shall be 5 effective on the first day of the billing period following 6 execution of Contract Amendment No . 3 to the Primary Contract and 7 shall remain in effect until superseded by another Exhibit B to 8 the Primary Contract. This Exhibit B terminates and replaces the 9 original Exhibit B to the Primary Contract . 10 11 a . Article I of this Exhibit B shall be effective during any 12 period in which Redding is scheduling Power pursuant to the 13 Contract Amendment . 14 15 b . Article TI of this Exhibit B will be effective during any 16 time prior to Redding becoming a scheduling customer 17 pursuant to Article I of this Exhibit B. 18 19 c . It is recognized that a Party may desire to change its 20 electric service arran9ements from time to time and that 21 appropriate modification may be required in this Exhibit B. 22 Accordingly, the Parties will consider a revision to the 23 Exhibit if and when a Party desires to change its 24 arrangements; and such revision shall be implemented by 25 mutual agreement : Page 1 of 5 f i EXHIBIT B-Revision 1 Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 b. Redding' s System Energy Requirements for any billing period 3 shall be the sum total of energy delivered during the billing period at the point( s ) of delivery, as measured and adjusted if necessary in accordance with Exhibit C, and at i 6 the point( s ) of delivery at other than those where western 7 makes deliveries . 8 3 . Billing Determinants 10 a. The billing demand and energy billed for power service in 11 any billing period in which Redding' s System Demand is equal 12 to or less than the contract rate of delivery as set forth 13 in Exhibit A, Redding shall pay for all power and energy 14 delivered hereunder to its system during such period at the 15 rate provided for in Article 15 of the Primary Contract. 16 17 b. 1 . The billing demand for firm power service in any 18 billing period in which Redding' s System Demand is larger 19 than the contract rate of delivery as set forth in Exhibit 20 A, Redding shall pay for electric service at the rate 21 provided for in Article 15 of the Primary Contract using the 22 effective contract rate of delivery set forth in Exhibit A, 23 as the billing demand. 24 i Page 4 of 5 EXHIBIT B-Revision 1 Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 4 . Applicable Rates and Billing Period - Redding Scheduling Service 3 a. Redding shall pay for capacity and energy at the rates 4 provided for in Article 15 of the Primary Contract. 6 b. The billing period shall be from 0000 hour on the first day 7 of the month to 2400 hours on the last day of the month. The 3 schedules of hourly energy to Redding by Western shall be 0 based upon hourly schedules determined as provided in this 10 Contract Amendment . it 12 Article II 13 1 . Metered Service 14 Redding' s capacity and energy for billing purposes shall be 15 calculated pursuant to the following: 16 17 2 . System Demand and Enerav 18 a. Redding' s System Demand for any billing period shall be the 19 sum, for the 30-minute interval in which the sum is the 20 largest, of the 30-minute integrated demands established 21 during the billing period at the point(s) of delivery as ='- measured and adjusted if necessary in accordance with 23 Exhibit C, and of the 30-minute integrated demands 24 established during the billing period at any point(s ) of 25 delivery at other than those where Western makes deliveries. Page 3 of 5 n EXHIBIT D Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 CALCULATION OF MONTHLY ENERGY ENTITLEMENT 2 3 1 . This Exhibit D, made this day of 1993 4 to be effective under and as part of the Primary Contract shall 5 be effective on the date hereof and shall remain in effect until 6 superseded by another Exhibit D to the Primary Contract. 7 8 2 . The following tables show Redding' s monthly energy 9 entitlement under this Contract Amendment and the derivation 10 thereof. i i I I Page 1 of 4 I EXHIBIT B-Revision 1 Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 2 . The energy billed for firm power service in any billing 2 period in which Redding' s System Demand is larger than the `3 contract rate of delivery, as set forth in Exhibit A, shall 4 be determined by the following formula: 5 Energy billed = (A/B ) (C) 6 Where: 7 A= The maximum contract rate of delivery for firm power 8 service as established by Exhibit A of the Primary 9 Contract . 10 B= Redding' s System Demand as determined pursuant to Section 11 2 .a. above. 12 C= Redding' s System Energy Requirements as determined 13 pursuant to Section 2 .b. above . 14 WESTERN AREA POWER ADMINISTRATION 15 By: 16 Title: 17 Address : 18 19 20 AGREED AS TO FORM: CITY OF REDDING 21 By: 22 City Attorney Title: 23 ATTEST: Address : 24 25 1 City Clerk Page 5 of 5 r _o r� , in 7 • on (a .-- u Ln �) cn N Q N to r (o O Q 7 o (D Ln (o (o co ,2) r cm O (B Z r� N N (fl o Z � o 0 0 0 0 U In M In � o U CD 0 to CD v Qj Q r co (o (D to In to 0 C 0O v, O 8-0 O O O o Ln lJ Q - N O (n (� corte-. N t7 N0 CV a) N > (n (n m (D (D N C)' U)Lo � > C 11' (D to to C'7 cO E o 0 0 0 0 0 CO CD "T (D C Q COU) O V N m Q ul Lo O (D to < v (n In to (n Lo Q O 0 CL 0 0 0 0 0 0° Z O Q CO (o (D (1) T) In In Ln In Q C i o 0 0 0 0 0 C In O C) f� N:3 C (D O ... :3 (D O O ao rO� � Y' Co ` o O o 0 o L a � cn v LO O O (u v cn a) rn N LO LO In Lo L LO C C CD C U o 0 0 0 0 o -a2 LL Q t� v m m d CC) C = Q (D cD cD (D N Q E LU a J� O CO CO OoO CI ° L- (U (D Q CO (D (D (o (o (D Q C +-. LU c �► (n o0 0 0 0 CO r- U X L-. j) LO O - (m N N LU C C LL f- CD "i N CA U LL CV O (n LO (D (D (o ] (D ami u- CC O OO o O p .._ C N � 0 0 O Lf) C � ro7 (D N to 'TO (o (o (D (D � (o Q1 U _ (� •i to co co rn rn (m (Q (n 4— O } rn rn rn rn rn O (1) rn O Ln } 50 IT cr) J� m Q fl- co _ N O O M to N N T O v T r 0 r (D N N N r r T r T M co T (D O O UO U) (D U-) (D a. > Cl) COm In Ln m O U) 0 N (D O L') N CO vN O N M U7 (D O Z O O O m O Z T N M M IT (06 m m v v v v v M M (o U7 (D IT N t` v (D U ITO (D U) U t' N r .�- to N w O w0 r-- U) N r (D m Co 0 m r O m (D t-- r- ao 0 to (D O O v v v (o (o In Q N ON f\ t` (D v N M co m loo (L) O O m N r T T r r U) _ N 00 N co •- m Cl) Cl) � 00 O • U) v (o (D U] (f) N N m m N 0) c^D U') O m m U7 M M MO cm m Cv m co m N Q m Q to M U) (D M W C '' o m (n v v p (D (n (D (D N M o M v o z Q 5 � (D N0 (o . . . . M L- v O m N v M ti N N (D N (D N r (o O O (D CO N r-- N r.. IL CC � O O N (mD N r W M (C C r M r (D m U Q M O N r N M M V- � (D O T r r r 0 co v es ++ r` O U] (D N M N r` v cD Z f� r N O (D M h r r m O ^C:) O N (13 m CO v T M r-. r r- N r` N v E C C O co C r-.. N N m 47 co CV co C Q W m m O Q co O (m F, (O O O r C C7 v v v v Q CL w C 0+'r wD a OCO m(D NN Mv N LO rno � Ln rn>% wo o C O O m N M Or C: (ncn CD N M N (D M O v LUC O N Ln p p C� a) O N r- CO � „L, r r r r r U- co N m N m v v vC6 O a� C (D m v (o (D c v- C co co (MD N N co -�j to rl_ cn m N O m 0) N (OD C) O r r m r� r1 (oco U m (m O T NU Co m O r N .. ca m co m m m C co m m m m m CC O a) m m m m m p a� m m m m m O Q U LL r i +t EXHIBIT E Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 PERCENTAGE AMOUNTS TO BE APPLIED FOR SCHEDULING MONTHLY ENERGY ENTITLEMENTS I 4 1 . This Exhibit E, made this day of 1993, to be effective under and as part of the Primary Contract shall I 6 be effective on the date hereof and shall remain in effect until 7 superseded by another Exhibit E to the Primary Contract. 3 9 2 . The following monthly percentages shall apply to the monthly 10 Energy Entitlement and shall set the maximum amount of energy 11 which Redding may schedule each month: 12 13 January 100% 14 February 100% ` 15 March 100% 16 April 110% 17 May 120% 18 June 120% 19 July 120% 20 August 115% 21 September 100% 22 October 100% 23 November 100% 24 December 100% 25 26 3 . The maximum Annual Energy Entitlement cannot exceed 100 27 percent. a Page 1 of 1 � C0 o u o IT N r 0 C) m r l! m O to ro 0 0 CD (D > o Z o rn r Z r LO O r U o (D U rf co O O rn 0 O (3) a o `n r` >CL (L) (D O Q, r.- > E (j v Co C Q v QO O C O O O N cz Q O :1O r CL Q c') 0 o Q Z Q Q �° o ca CL 03 Q C m n- c o ao o � cD E L C cO U Q `- r O C � r` Q N CD C O a) (n m (D >, rl. 4) r U C OC m C w O LU U_ LU E C QCL 0 C a) a) 0 Q Lo aEi U w a) LCM w 076 OW C (a C j N C 0 O r O Q o c _ m g (D c Q LO E E a E CC O C } O C XE a) (D _E a) N E W L � LL x > Li to x co � c co -cm o -� O LO - cm C: a) oN C coCDco m O O C LO a) (o "Q cr- O CL O O O cz 2:% U U a0 U U LL r EXHIBIT F Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 4 . Scheduling Procedures 4 . 1 . Communications . All schedules shall be transmitted by a 3 communications link established between Western and Redding or as 4 otherwise agreed between the Parties . The communications link, 5 as approved by the Operating Committee, shall be provided by 6 Redding. 7 8 4 . 2 . Pre-schedules . Redding shall transmit to Western by 9 1300 hours ( 1 p.m. ) of the day prior to the date of the schedule, 10 a pre-schedule of the transactions listed below. On Thursdays, 11 Redding shall provide Western with pre-schedules for the I I 12 following Friday and Saturday . On Fridays, Redding shall provide 13 Western with pre-schedules for the following Sunday and Monday. 14 On Fridays, Redding may, with the concurrence of the Western P 15 scheduler, submit a revised Saturday pre-schedule. Redding shall 16 provide Western the pre-schedules for any holiday and the next 17 succeeding workday on the workday preceding such holiday. The 18 pre-schedules shall include hourly values for each hour period of 19 each day. Except for third-party schedules which shall be to the 20 nearest tenth of a MW at the Scheduling Point( s ) , the pre- 21 schedule amounts are to be in whole MWs or as mutually agreed by 22 the Parties' schedulers . The following transactions shall be 23 included: 24 I 25 4 . 2 . 1 . Redding' s forecasted hourly System Load. 26 27 4 . 2 . 2 . Western Power. Page 2 of 5 EXHIBIT F Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 SCHEDULING PROCEDURES 2 3 1 . This Exhibit F, made this day of 1993 4 to be effective under and as part of the Primary Contract shall 5 be effective on the date hereof and shall remain in effect until 6 superseded by another Exhibit F to the Primary Contract. 7 3 2 . It is recognized that the Parties may desire to change these scheduling procedures from time to time and that appropriate 10 modification may be required in this Exhibit F . Accordingly, the ll Parties will consider a revision to this Exhibit F at the request of 12 either Party, and, if required, such revision shall be implemented by 13 mutual agreement of the Operating Committee. 14 15 3 . Scheduling Point ( s ) In accordance with Contract No. 16 DE-MS65-86WP59059 , Agreement for the Second Direct 17 Interconnection of the City of Redding Electric System, Section 13 22(d) , the second direct interconnection (Airport Substation) and 19 the Keswick Substation shall be treated as a common (combined) 20 point of delivery or receipt for purposes of power billing and -1 power scheduling between Western and Redding. Additional 22 Scheduling Points may be added in the future by agreement of the 23 Operating Committee . Page 1 of 5 r • EXHIBIT F Amendment No. 3 to Contract No. DE-MS65-83WP59008 I schedule shall become effective two hours after submission and remain effective for only the remaining hours of the same active 3 day . After any modified schedule of Western Power has been 4 submitted to Western, Redding shall make no changes to the active 6 day' s schedule of Western Power, except for uncontrollable forces 6 or as mutually agreed by the Parties' dispatchers . During the 7 active day, any additional schedule changes at the point of 8 delivery will be implemented on a real-time basis as follows : 9 10 4 . 3 . 1 . For third-party transactions, Redding may adjust 11 its schedules but must do so ( 1 ) no later than ten I 12 minutes prior to each upcoming hour or ( 2 ) in 13 accordance with Section 12 of this Contract 14 Amendment, whichever is more restrictive. 15 16 4 . 3 . 2 . Redding may not adjust any third-party or Western 17 Power schedules during the active hourly period, l8 except as provided in Paragraph 4 . 4 of this 19 Exhibit F. 20 21 4 . 3 . 3 . Under conditions where Redding' s forecasted daily 22 peak System Load is greater than its CRD, Redding 23 shall endeavor to use prudent utility practice in 24 the implementation of its energy schedule such 25 that Western is not required to provide the entire 26 incremental energy necessary to follow Redding' s 27 load. 28 29 4 . 3 . 4 . Redding' s hourly schedule change of Western Power 30 shall be limited to 6 MW, unless otherwise agreed 31 by the Parties dispatchers or unless 32 uncontrollable forces arise. This limitation shall 33 not limit further later schedule changes from the 34 revised schedule, so long as this limitation is 35 applied to the revised schedule. 36 37 4 . 3 . 5 . When Redding' s peak System Load for the day is 38 forecasted to be below its CRD, Western shall 39 accommodate Redding' s hourly schedule changes as 40 needed. 41 42 4 . 3 . 6 . Daily schedules shall be confirmed by both 43 Parties' dispatchers at the end of the active day i Page 4 of 5 r EXHIBIT F Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 4 . 2 . 3 . Redding' s forecasted generation project schedules (generation internal to Redding' s .system shall be 4 scheduled as a combined amount) . 5 6 4 . 2 . 4 . Firm Power purchases . 4 . 2 . 5 . Firm Power sales . 9 10 4 . 2 . 6 . Nonfirm energy purchases . 11 12 4 . 2 . 7 . Nonfirm energy sales . 13 14 4 . 2 . 8 . Spinning reserve purchases . 15 16 4 . 2 . 9 . Spinning reserve sales . 17 18 4 . 2 . 10 . Other reserve purchases . 19 10 4 . 2 . 11 . Other reserve sales . 21 22 4 . 2 . 12 . Other Power transactions . 23 24 4 . 2 . 13 . Other Energy transactions . 25 26 Purchases and Sales shall be identified as to type of Power 27 (maintenance, partial requirements, short-term firm) , point of 28 receipt and/or delivery, associated losses, etc. Except for 29 Redding' s internal generation, each transaction within each 30 category above shall be separately identified. At 2400 hours 31 (midnight ) , the submitted pre-schedule will become schedule of 32 the active day . 33) 34 4 . 3 . Schedule Changes for Western Power. If Redding' s resource 35 and/or load circumstances necessitate a modification to the 36 schedule during the active day, Redding shall, prior to 0900 37 hours ( 9 a.m. ) , be allowed to resubmit its schedule of Western 38 Power for the remainder of the active day. Such resubmitted Page 3 of 5 f • i EXHIBIT G Amendment No. 3 to Contract No. DE-MS65-83WP59008 DEVIATION ACCOUNTING BETWEEN METERED AND SCHEDULED ENERGY 1 . This Exhibit G, made this day of 1993 , 4 to be effective under and as part of the Primary Contract, shall become effective on the date hereof and shall remain in effect 6 until superseded by another Exhibit G to the Primary Contract. 7 8 2 . Chanqes in Deviation Accounting . It is recognized that the 9 Parties may desire to change these deviation accounting f 10 procedures from time to time and that appropriate modification 11 may be required in this Exhibit G. Accordingly, the Parties will 12 consider a revision to this Exhibit G at the request of either 13 Party, and, if required, such revision shall be implemented by 14 mutual agreement in writing by the Operating Committee. 15 16 3 . Deviation Allowance Band The deviation amount in any given 17 hourly period shall be the difference between the energy metered 18 to Redding and the energy scheduled to Redding at the scheduling 19 point. The Deviation Allowance Band sets forth MW amounts within 20 which hourly deviations at the scheduling point are considered I 31 acceptable. Redding shall collect meter information at the end ?? of each hourly scheduling period at the scheduling point (s ) ,3 listed in Section 3 of Exhibit F . The Deviation Allowance Band '4 is established as follows : 2)5 Page 1 of 7 EXHIBIT F Amendment No. 3 to Contract No. DE-MS65-83WP59008 I at which time the Parties ' dispatchers will attempt to resolve any scheduling conflicts . 3 4 - 4 . 3 . 7 . Except for the conditions specified in Paragraphs 5 4 . 3 . 6 . and 4 . 4 . of this Exhibit F, no after-the- 6 fact schedule change by either Party shall be 7 allowed after the schedules have been confirmed. s 9 4 . 4 . Curtailments . When notified or when Redding has knowledge 10 of a curtailment or forced outage affecting Redding' s schedule, 11 Redding shall take appropriate actions to respond, such as 12 increasing or decreasing generation and/or adjusting schedules 13 with Western and/or third parties . Within ten minutes of the 14 later of notification by Western or knowledge by Redding, Redding 15 shall submit to Western the revised transactions, if any, that 16 Redding will schedule for the current and subsequent affected 17 hours . For energy accounting purposes, the amount of energy 18 delivered prior to the curtailment or forced outage shall be 19 integrated over the hour in which the curtailment or forced -0 outage occurred. Page 5 of 5 r • i EXHIBIT G Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 5 . Deviations Outside the Deviation Allowance Band. 5 . 1 . For between 1 through 6 ( inclusive ) deviation events per 3 calendar year which are outside the hourly Deviation Allowance 4 Band as set forth in Paragraph 3 of this Exhibit G, Western shall allow Redding to correct such deviations as provided in Paragraph 6 4 of this Exhibit G, except that under conditions whereby 7 Redding' s schedule of Western Power plus deviation is greater 8 than 116 MW, Section 6 . 1 of this Exhibit G shall apply . 9 i i 10 5 . 2 . For more than 6 deviation eventser calendar P year which are � 11 outside the hourly Deviation Allowance Band as set forth in 12 Paragraph 3 of this Exhibit G, the following shall apply: 13 14 5 . 2 . 1 . Negative Deviations If the deviation is negative 15 ( resulting in net energy to Western) , then the energy deviation 16 outside the Deviation Allowance Band is lost to Western' s system �I 17 and Western shall have no obligation to pay for or return such 18 energy. Redding shall not be obligated to Western for any 19 further penalties for this condition. i. 20 21 5 . 2 . 2 . Positive Deviations If the deviation is positive 22 ( resulting in net energy from Western) , then Paragraph 6 of this 23 Exhibit G shall apply . .24 i i t Page 3 of 7 EXHIBIT G Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 Deviation Allowance Band 3 For Schedules Deviation Allowance Band (MW) 4 of Western Power Year 1 Year 2 Year 3 Year 4+ 5 116 MW +0, -6 +0, -5 +0, -4 +0, -3 6 115 MW +1, -6 +1 , -5 +1,, -4 +1, -3 7 114 MW +2, -o +2 , -5 +2, -4 +2, -3 3 113 MW and below (Yr. 4+) +3, +3, -5 +3, -4 ± 3 9 112 MW and below (Yr. 3) -4 , -6 +4 , -5 + 4 10 '_11 MW and below (Yr. 2) +5, -6 ± 5 11 110 MW and below (Yr. 1 ) ± 6 12 13 As shown in the above table, a ± 6 MW Deviation Allowance Band 14 will apply for the first year, decreasing over the second and 15 third years to a ± 3 MW band for year four and thereafter through 16 the remaining term of this Contract Amendment. 17 18 4 . Deviations Within The Deviation Allowance Band. 19 For hourly deviations within the Deviation Allowance Band, 20 Redding shall either adjust its schedule to correct any 21 accumulated energy deviation during the next like-load period, 22 or, at the discretion of the Western dispatcher, accumulate the 23 hour' s deviation to be returned to Western at a time and in an 24 amount as mutually agreed by the dispatchers At the end of a 25 month, any residual energy deviation that has not been offset 26 shall, at the discretion of Western, either be carried forward 27 and adjustments made as soon as possible in the following month 28 or purchased by Redding from Western in the next month as part of 29 Redding' s Energy Entitlement . 30 Page 2 of 7 EXHIBIT G Amendment No. 3 to Contract No. DE-MS65-83WP59008 I 6 . 3 . Except for unauthorized overruns as provided in Paragraph 6 . 1 of this Exhibit G, Redding shall pay a deviation charge for 3 the amount in each hour that the deviation exceeded the Deviation 4 Allowances , as illustrated in Table G6 . 1 and in accordance with the rates provided for under Exhibit J to this Contract 6 Amendment. 7 8 6 . 4 . Table G6 . 1 presents examples of deviation cases that could i 9 arise under this Exhibit G. Table G6 . 1 shall be used as an 10 example for determining remedies for future deviations : 11 I l i Page 5 of 7 EXHIBIT G Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 6 . Positive Deviations Outside the Deviation Allowance Band 6 . 1 . Under conditions whereby Redding' s schedule of Western 3 Power plus deviation is greater than 116 . 0 MW, at any time, such 4 condition shall be considered an unauthorized overrun of the contractual obligation for capacity and energy, and Redding shall 6 pay Western for such unauthorized overrun on the amount of 7 capacity and energy for that scheduling period that exceeds 116. 0 8 MW, as illustrated in Table G6 . 1 and addressed in Section 2 . 4 of 9 Exhibit J. Redding shall not be obligated to return any capacity 10 or energy which is so deemed to be an unauthorized overrun, or 11 adjust Redding' s Energy Entitlement, or pay any other charges or 12 rates for such Power. 13 14 6 . 2. Except to the extent Paragraph 6 . 1 applies, Redding shall 15 either adjust its schedule to correct any accumulated excess 16 energy deviation during the next like-load period as illustrated 17 in Table G6 . 1 or, at the discretion of the Western dispatcher, 18 accumulate the hour' s deviation to be returned to Western at a 19 time and in an amount as mutually agreed by the dispatchers . At 20 the end of a month, any residual energy deviation that cannot be 21 offset shall, at the discretion of Western, either be carried 22 forward and adjustments made as soon as possible in the following 23 month or purchased by Redding as energy from Western. 24 Page 4 of 7 r 0 0 EXHIBIT G Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 7 . Regulation Service Redding shall purchase Regulation Service from Western. The 3 Regulation Service charge shall be as specified in Exhibit J. 4 S 8 . Deviation Monitoring Redding shall monitor and record its 6 daily like-hour deviations. The daily reports shall be provided 7 to Western upon request under the reporting provisions of Exhibit 8 H. For purposes of deviation monitoring and accounting, 9 deviation( s ) shall be measured to the nearest MW, except under 10 conditions whereby Redding' s schedule of Western Power plus 11 deviations exceed 116 . 0 MW, under which conditions deviation(s) 12 shall be measured to the nearest kW. h i i i i i Page 7 of 7 s • EXHIBIT G Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 Table G6. 1 - EXAMPLES OF DEVIATION CASES (All cases assume + or - 3 MW bandwidth) 3 4 Negative Deviation• Scheduled 110 MW Actual 106 MW 5 6 First 6 Events: 7 - schedule back 4 MWh to Redding ( 110-106) 8 - counts as one of 6 "bad marks" 9 10 After 6 Events : 11 - schedule back 3 MWh to Redding ( 109-106) 12 - lose 1 MWh to Western ( 110-109 ) 13 14 Positive Deviation Below 116 MW• Scheduled 100 MW Actual 104 MW 15 16 First 6 Events : 17 - schedule back 4 MWh to Western ( 104-100 ) 18 counts as one of 6 "bad marks" 19 20 7-10 Events : 21 - schedule back 4 MWh to Western ( 104-100 ) (energy) 22 - buy 1 MW capacity from Western ( 104-103 ) at the Deviation 23 Rate (Exhibit G, Section 6 . 3 ) and as specified in 24 Exhibit J. 25 26 After 10 Events: 27 - schedule back 4 MWh to Western ( 104-100 ) (energy) 28 - buy 1 MW capacity from Western ( 104-103 ) at the Deviation 29 Rate (Exhibit G, Section 6 . 3 ) and as specified in 30 Exhibit J. 31 32 Positive Deviation Around 116 MW: Scheduled 112 MW Actual 117 MW 33 34 First 6 Events: 35 - schedule back 4 MWh to Western ( 116-112) 36 - pay 1 MW unauthorized overrun charge ( 117-116) (capacity 37 and energy) (Exhibit G, Section 6 . 1 ) 38 - counts as one of 6 "bad marks" 39 40 7-10 Events: 41 - schedule back 4 MWh to Western ( 116-112) ( energy) 42 - buy 1 MW capacity from Western ( 104-103 ) at the Deviation 43 Rate (Exhibit G, Section 6 . 3 ) and as specified in 44 Exhibit J. 45 46 After 10 Events : 47 - schedule back 4 MWh to Western ( 104-100 ) ( energy) 48 - buy 1 MW capacity from Western ( 104-103) at the Deviation 49 Rate ( Exhibit G, Section 6 . 3 ) and as specified in 50 Exhibit J. Page 6 of 7 f i EXHIBIT H Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 4 . Redding shall provide Western with the following energy accounting information for each month within five days after the 3 last day of the month; 4 5 4 . 1 . Monthly reports of confirmed daily schedules of all 6 transactions . 7 4 . 2 . Monthly reports of all data necessary to calculate payments. 8 4 . 3 . Monthly reports of like-hour energy deviation adjustments. ! i 9 4 . 4 . Report on residual energy deviations which Redding was i 10 unable to reschedule in like-load periods during that billing f 11 month. I 12 4 . 5 . Monthly reports of deferred energy return under the Services 13 Contract, if applicable. 14 i 15 The above information shall be used in the determination of ! 16 billing demand, spinning reserves, maintenance, emergency, and I i 17 other types of Power services which Redding may have purchased 18 from Western and others. Such information shall be subject 7 to 19 Imeter verification. f. li i I i Page 2 of 2 i 0 • EXHIBIT H Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 FORECASTS AND REPORTS 2 3 1 . This Exhibit H, made this day of 1993, 4 to be effective under and as part of the Primary Contract shall 5 become effective on the date hereof and shall remain in effect 6 until superseded by another Exhibit H to the Primary Contract. 7 8 2 . It is recognized that Parties may desire to change their 9 electric service arrangements from time-to-time and that 10 appropriate modification may be required in this Exhibit H. 11 Accordingly, the Parties will consider a revision to this 12 Exhibit H if and when either Party desires to change its 13 arrangements; and, if required, such revision shall be 14 implemented by mutual agreement. 15 16 3 . Redding shall provide to Western the following forecasts for 17 each month five days prior to the beginning of the month: 18 19 3 . 1 . Monthly sum of generation (MWh) of Redding resources. 20 3 . 2 . Maximum capability of Redding resources. 21 3 . 3 . Proposed capacity and energy transactions with third 22 parties. 23 3 . 4 . Overall operation strategy regarding the operation of each 24 Redding resource . 25 13 . 5 . Redding' s forecasted peak System Load. 26 Page 1 of 2 f EXHIBIT J Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 charge shall be $254 . 60/MW-day, multiplied by the maximum MW ( in i 2 increments divisible by 0 . 5 MW) by which the Deviation Allowance 3 was exceeded in a given hour; Provided that, this charge shall 4 apply only to positive deviations . These charges shall be summed 5 to determine total deviation charges for a billing period. The l 6 above charge is based upon the following formula: 7 8 Deviation Charge = ( (CVP Capacity Rate) * ( 1 , 000 ) 1 /30 . 4 9 10 2 . 3 For the 11th deviation and all subsequent deviations 11 outside the Deviation Allowance Band in each calendar year, the 12 deviation charge shall be $509 . 20/MW-day, multiplied by the 13 maximum MW ( in increments divisible by 0 . 5 MW) by which the 14 Deviation Allowance was exceeded in a given hour; Provided that, 15 this charge shall apply only to positive deviations . All such 16 charges shall be summed to determine total deviation charges for I 17 a billing period. The above charge is based upon the following 18 formula: 19 20 Deviation Charge = [ (CVP Capacity Rate) * ( 2. 0 ) . * ( 1 , 000) 1 /30. 4 21 22 2 . 4 Under conditions whereby Redding' s schedule of Western 23 Power plus deviation is greater than 116 . 0 MW, at any time, 24 Redding shall pay Western' s unauthorized overrun charge on the I 25 amount of capacity and energy for that scheduling period which 26 exceeds 116. 0 MW. Such unauthorized overrun charge shall be as I Page 2 of 4 EXHIBIT J Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 RATES FOR ELECTRIC SERVICE 2 3 1 . This Exhibit J, made this day of 4 1993 , to be effective under and as part of the Primary Contract, 5 shall become effective on the date hereof and shall remain in 6 effect until superseded by another Exhibit J to the Primary 7 Contract. 8 9 The rates and charges set forth herein are effective from the 10 date of execution and shall remain in effect until superseded, 11 leither by revised rates and charges set forth in another Exhibit 12 J or applicable Rate Schedule. 13 14 2. Deviation Charge: Redding shall pay a deviation charge as 15 provided for in Exhibit G of this Contract Amendment and as 16 follows: 17 18 2. 1 For up to 6 deviations outside the Deviation Allowance 19 Band per calendar year, there shall be no deviation charge, 20 Provided that Redding under conditions whereby Redding' s schedule 21 of western Power plus deviation is greater than 116. 0 MW, at any 22 time, Redding shall pay in accordance with Section 2 . 4 of this 23 Exhibit J. 24 25 2.2 For the 7th through the 10th deviation outside the 26 Deviation Allowance Band in each calendar year, the deviation Page 1 of 4 r EXHIBIT J Amendment No. 3 to Contract No. DE-MS65-83WP59008 1 5 . Annual Review of Rates : The rates and charges provided for 2 in this Exhibit J shall be reviewed annually and revised as 3 appropriate. p it i I i I r II I' F I 6 I Page 4 of 4