12914 Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Notices

the Clark Steelhead Bridge during times

of critical adult and juvenile salmon

migrations; (3) the installation of a

second juvenile fish trap upstream from

the existing juvenile fish trap, the

Sawtooth Hatchery weir, on the upper

Salmon River to optimize trapping

efficiency with the aim of developing

more accurate estimates of anadromous

fish survival rates and migration timing;

and (4) the installation of a rotary screw

trap in Rapid River upstream from the

Rapid River Fish Hatchery to collect

natural production information on wild

steelhead salmon. Modification 2 would

be valid for the duration of the permit.

The permit expires on November 30,

1997.

Permit 908 authorizes IDFG for an

incidental take of listed Snake River

salmon as a result of their resident fish

stocking program designed to increase

the supplies of fish in the Salmon River

and its tributary streams for sport

angling. For Modification 1 to the

permit, IDFG requests authorization to

stock Redfish Lake with hatchery

rainbow trout in 1995 and beyond to

provide recreational fishing opportunity

in the lake. NMFS denied IDFG’s

request to stock Redfish Lake with

rainbow trout in 1993 because of

concern over possible interactions

between stocked rainbow trout and

listed sockeye salmon in the lake,

primarily diet overlap and predation.

IDFG believes that hatchery rainbow

trout releases in Redfish Lake will not

undermine endangered sockeye salmon

recovery efforts. Permit 908 expires on

December 31, 1998.

Written data or views, or requests for

a public hearing on any of these

applications should be submitted to the

Chief, Endangered Species Division,

Office of Protected Resources, F/PR8,

NMFS, 1315 East-West Highway, Silver

Spring, MD 20910-3226, within 30 days

of the publication of this notice. Those

individuals requesting a hearing should

set out the specific reasons why a

hearing on this particular application

would be appropriate. The holding of

such hearing is at the discretion of the

Assistant Administrator for Fisheries,

NOAA. All statements and opinions

contained in this application summary

are those of the applicant and do not

necessarily reflect the views of NMFS.

Documents submitted in connection

with the above application are available

for review by interested persons in the

following offices by appointment:

Office of Protected Resources, NMFS,

NOAA, 1315 East-West Highway, Silver

Spring, MD 20910–3226 (301–713–

1401); and

Environmental and Technical

Services Division, NMFS, NOAA, 525

North East Oregon St., Suite 500,

Portland, OR 97232 (503-230-5400).

Dated: March 3, 1995.

Patricia A. Montanio,

Acting Deputy Director, Office of Protected

Resources, National Marine Fisheries Service.

[FR Doc. 95–5817 Filed 3–8–95; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF ENERGY

Bonneville Power Administration

Proposed Wholesale Power and

Transmission Rates, Negotiated

Pacific Northwest Coordinating

Agreement Rates, and Transmission

Terms and Conditions

AGENCY: Bonneville Power

Administration (BPA), DOE.

ACTION: Availability of Wholesale Power

and Transmission Rates, Pacific

Northwest Coordinating Agreement

Rates and Transmission Terms and

Conditions.

SUMMARY: BPA File No: WP–95, TR–95,

TC–95. On December 28, 1994,

Bonneville Power Administration (BPA)

published a Notice of Intent to Revise

Transmission Rates, 59 FR 66946 and

Notice of Intent to Revise Wholesale

Power Rates, 59 FR 66947.

Subsequently, BPA also published

Federal Register Notices of Proposed

Wholesale Power Rate Adjustment (60

FR 8496), Proposed Transmission Rate

Adjustment (60 FR 8505), and Hearing

and Opportunity for Public Comment

Regarding Proposed Comparable

Transmission Terms and Conditions (60

FR 8511). In those Notices, BPA stated

that Wholesale Power and Transmission

Rates, the Rates for the Pacific

Northwest Coordinating Agreement, and

the Transmission Terms and Conditions

would be published separately.

DATES: The following schedule

information is provided for

informational purposes. BPA’s proposed

schedule, as well as a schedule for

additional prehearing conferences will

be published later. The final schedule

will be established by the Hearing

Officer at the Prehearing/Settlement

conference on March 15, 1995.

March 15, 1995—Settlement Conference

on Scheduling

October 29, 1996—Final Record of

Decision published

BPA also will be conducting public

field hearings. A field hearing schedule

will be announced at the prehearing

conference. A notice of the dates, times,

and locations of the field hearings will

be made later through a Federal

Register Notice, mailings and public

advertising.

ADDRESSES: The date for written

comments by participants must be

received by June 16, 1995, to be

considered in the Draft Record of

Decision (ROD). Written comments

should be submitted to the Manager,

Corporate Communications—CK;

Bonneville Power Administration; P.O.

Box 12999; Portland, Oregon 97212.

FOR FURTHER INFORMATION CONTACT: Mr.

Michael Hansen, Public Involvement

and Information Specialist, at the

address listed above, (503) 230–4328 or

call toll-free 1–800–622–4519.

Information may also be obtained from:

Mr. Steve Hickok; Group Vice President,

Sales and Customer Service; P.O. Box

3621; Portland, OR 97232 (503–230–

5356)

Mr. George Eskridge; Manager, SE Sales

and Customer Service District; 1101

W. River, Suite 250; Boise, ID 83702

(208–334–9137)

Mr. Ken Hustad; Manager, NE Sales and

Customer Service District; Crescent

Court, Suite 500; 707 Main; Spokane,

WA 99201 (509–353–2518)

Ms. Ruth Bennett; Manager, SW Sales

and Customer Service District; 703

Broadway; Vancouver, WA 98660

(360–418–8600)

Ms. Marg Nelson; Manager, NW Sales

and Customer Service District; 201

Queen Anne Ave. N., Suite 400;

Seattle, WA 98109–1030 (206–216–

4272)

Responsible Official: Mr. Geoff

Moorman, Manager for Pricing,

Marginal Cost and Ratemaking, is the

official responsible for the development

of BPA’s rates. Mr. Dennis Metcalf, BPA

Transmission Team Lead, is the official

responsible for development of BPA’s

transmission terms and conditions.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. Charges Under the Amended and

Integrated Pacific Northwest

Coordination Agreement

III. Transmission Terms and Conditions

I. Introduction

The Pacific Northwest Electric Power

Planning and Conservation Act

(Northwest Power Act) provides that

BPA must establish and periodically

review and revise its rates so that they

are adequate to recover, in accordance

with sound business principles, the

costs associated with the acquisition,

conservation, and transmission of

electric power, and to recover the

Federal investment in the Federal

Columbia River Power System (FCRPS)
Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Notices 12915

and other costs incurred by BPA. The

Federal Power Act, as amended by the

Energy Policy Act of 1992, provides that

BPA may institute a regional hearing

process on proposed transmission terms

and conditions of general applicability.

BPA has determined that its initial

power rate proposal should include a

stable, 5-year rate for most, if not all, of

its requirements service. BPA

anticipates that the work necessary to

assemble such a proposal will take until

late March or early April of 1995. Since

such a rate would cover the bulk of

BPA’s firm sales, its impact on BPA’s

overall proposal is fundamental. Thus,

the information BPA is releasing now

should be considered preliminary.

Information in BPA’s preliminary

proposal concerning rate design,

product definition and pricing, revenue

requirement, and other matters should

provide parties valuable information

that will enable them to better assess

BPA’s initial proposal when it is

released in late March or early April.

In the Federal Register notices

published February 14, 1995 (60 FR

8497, 60 FR 8505, and 60 FR 8511), BPA

stated that it would publish its

preliminary proposed rate schedules in

the Federal Register. However, due to

the length of the preliminary proposed

rate schedules and developments

related to BPA’s tiered rates proposal,

the preliminary proposed Wholesale

Power and Transmission Rate schedules

will not be published in the Federal

Register. They are available from BPA’s

Public Information Center. To request

the preliminary proposed Wholesale

Power and Transmission Rate

Schedules, call BPA’s document request

line: (503) 230–3478 or call toll free 1–

800–622–4520.

II. Charges Under the Amended and

Integrated Pacific Northwest

Coordination Agreement

All terms contained herein have the

meaning accorded them in the

Amended and Integrated Pacific

Northwest Coordination Agreement.

A. Interchange Energy Imbalances

1. Initial Deliveries of Interchange

Energy

Energy Charge (heat rate* fuel price)

1,000

 adder

=

+

Heat rate=10,000 BTU/kWh

Fuel price=Average natural gas price at

Sumas, Washington, in $/MMBTU

(dollars per million BTUs), as

published in Inside FERC, for the

twelve months ending the

immediately preceding June 30.

Adder=4.75 mills/kWh, adjusted each

August 1 beginning August 1, 1997,

by the change in the Consumer

Price Index (for all urban

consumers as published by the

Bureau of Labor Statistics) for

Portland, Oregon, for the twelvemonth period ending the

immediately preceding June 30.

2. Return of Interchange Energy

The Energy Charge for return of

Interchange Energy shall be the charge

in effect for initial deliveries of

Interchange Energy at the time the

energy being delivered as Return of

Interchange Energy was delivered as an

initial delivery of Interchange Energy.

B. Interchange Energy Service Charge

1. No charge for energy returned

between 7:00 a.m. and 10:00 p.m.,

Monday through Saturday.

2. 2.50 mills per kilowatthour of

energy returned at other hours, unless

such energy was supplied during such

other hours, or its return during such

other hours was requested, in either of

which events there shall be no charge.

C. Interchange Capacity and Emergency

Capacity Imbalances

$2.00 per Kilowatt Week of Demand.

D. Transfers Due to Forced Outage

1. Transfer Due to Loss of Thermal

Capability

The charge for Interchange Capacity

Imbalances plus the greater of a) the

charge for Interchange Energy

Imbalances and b) the incremental costs

of operating the resource used to supply

the requested energy plus 4 mills per

kilowatthour.

2. Transfer of Emergency Capacity

The charge for Emergency Capacity

imbalances plus the greater of a) the

charge for Interchange Energy

Imbalances and b) the incremental costs

of operating the resource used to supply

the requested energy. In the event that

BPA requires the receiving party to

return the energy associated with the

transfer of Emergency Capacity, only the

charge for Emergency Capacity

imbalances shall apply.

E. Holding Interchange Energy Service

Charge

1. Basic Charge

2.00 mills per kilowatthour of

Holding Interchange Energy on delivery

to BPA and 1.50 mills per kilowatthour

of Holding Interchange Energy on return

from BPA (3.50 mills per kilowatthour

total). A loss of Holding Interchange

Energy because of spill will result in a

refund of 2.00 mills per kilowatthour of

Holding Interchange Energy that is

converted to Stored Energy and spilled.

2. Reshaping Charge

2.50 mills per kilowatthour of energy,

applied in each hour during which the

energy delivered or returned is less than

the hourly average of energy delivered

or returned during that day, to the

difference between the daily hourly

average of energy delivered or returned

during that day and the amount of

energy delivered or returned during

such hour. The reshaping charge is in

addition to the basic charge.

F. Stored Energy Service Charge

1. Charges Paid On Delivery Of Energy

To A Reservoir Party

a. 2.00 mills per kilowatthour of

energy delivered to BPA on Light Load

Hours.

b. 1.00 mill per kilowatthour of

energy delivered to BPA on Heavy Load

Hours.

c. No charge for energy delivered to

BPA on Peak Load Hours.

2. Charges Paid On Return Of Energy

Stored Less Than Two Weeks

a. 1.00 mill per kilowatthour of energy

returned from BPA on Light Load

Hours.

b. 3.50 mills per kilowatthour for

energy returned from BPA on Heavy

Load Hours.

c. 5.00 mills per kilowatthour for

energy returned from BPA on Peak Load

Hours.

3. Charges Paid On Return Of Energy

Stored For Two Weeks Or More

a. No charge for energy returned from

BPA on Light Load Hours.

b. 2.50 mills per kilowatthour for

energy returned from BPA on Heavy

Load Hours.

c. 4.00 mills per kilowatthour for

energy returned from BPA on Peak Load

Hours.

4. Charges Paid On Return Of Energy In

Cases Of Imminent Spill

a. No charge for energy returned from

BPA on Light Load Hours.

b. 2.50 mills per kilowatthour for

energy returned from BPA on Heavy

Load Hours.

c. 2.50 mills per kilowatthour for

energy returned from BPA on Peak Load

Hours.

5. Refund Of Storage Charges In Cases

Of Spill

In the event that stored energy is not

returned to a party because of spill on
12916 Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Notices

BPA’s system, or in the event that BPA

transfers the stored energy to another

Reservoir Party to avoid spill and the

transferred energy is later spilled, BPA

will refund the charges paid under

section F.1. in an amount equal to the

the charges paid under such section,

divided by the kilowatthours of energy

delivered to BPA, multiplied by the

kilowatt hours of stored energy that is

spilled.

G. Transfers To Avoid Spill

1. No charge for stored energy

transferred by a Reservoir Party to BPA

in order to avoid spill.

2. The applicable Stored Energy

Service charge shall apply in the event

that BPA accepts the transfer of stored

energy to avoid spill and then returns

the stored energy to the original

delivering party.

H. Transmission Service Charges

In any energy or capacity transaction

that utilizes BPA transmission facilities

where BPA acts solely as a transferor the

following charges shall apply to both

delivery and return of the energy, if

applicable:

1. 1.60 mills per kilowatthour of

Interchange Energy paid by the

receiving party.

2. 1.75 mills per kilowatthour of

Holding Interchange and Storage Energy

paid by the party requesting the return.

3. No charge for In Lieu Energy,

except when the supplying or receiving

party requires BPA, under the terms of

the PNCA, to provide transmission, in

which case the charge shall be 2.00

mills per kilowatthour of In Lieu Energy

paid by the party requiring BPA to

provide such transmission.

4. 2.00 mills per kilowatthour of

Provisional Energy paid by the

Reservoir Party.

5. 2.00 mills per kilowatthour of

energy associated with Interchange

Capacity and FOR Capacity paid by the

party requesting the delivery.

I. Special Storage Arrangements

1. Minimum Rate

a. 1.00 mills per kilowatthour for

energy returned during Light Load

Hours.

b. 3.00 mills per kilowatthour for

energy returned at other hours.

2. Flexible Rate

The charges for special storage

arrangements may be specified at a

higher rate as mutually agreed between

the party requesting the special storage

arrangement and BPA.

III. Transmission Terms and Conditions

The following three comparable

network transmission service tariffs are

being released on a preliminary basis.

They indicate how BPA would apply

the three types of service tariffs

developed by FERC’s Litigation Staff to

the BPA network. BPA and its

customers are continuing their

discussions aimed at mutual agreement

on comparable network service which

may be different from the following.

BPA’s will publish and submit its final

comparable network service proposals

pursuant to the schedule developed at

the Prehearing/Settlement Conference.

Proposed Bonneville Power Administration

Network Integration Service Tariff Table of

Contents

1. Definitions

1.1 Annual Transmission Costs

1.2 Application

1.3 Bonneville Service Area

1.4 Commission

1.5 Control Area

1.6 Control Area Services (or Ancillary

Control Area Services)

1.7 Customer

1.8 Customer Electric System

1.9 Direct Assignment Facilities

1.10 Effective Date

1.11 Eligible Customer

1.12 Facilities Study

1.13 Good Utility Practice

1.14 Load Ratio Share

1.15 Member System

1.16 Native Load Customers

1.17 Network Load

1.18 Network Operating Agreement

1.19 Network Resources

1.20 Network Transmission System

1.21 Network Upgrade

1.22 Opportunity Costs

1.23 Service Agreement

1.24 System Impact Study

2. Nature of Network Integration Service

2.1 Scope of Service

2.2 Firm Service

2.3 Nonfirm Service

2.4 Restrictions on Use of Service

2.5 Bonneville Right to Displace

3. Availability of Network Integration Service

3.1 General Conditions

3.2 Control Area Requirement

3.3 Bonneville Responsibilities

3.4 Customer Redispatch Obligation

4. Initiating Service

4.1 Conditions Precedent for Receiving

Service

4.2 Application Procedures

4.3 Insufficient Capacity

4.4 Direct Assignment Facilities

4.5 Queue Priority

4.6 Technical Arrangements to be

Completed Prior to Commencement of

Service

4.7 Customer Facilities

4.8 Termination of Service

5. Network Resources

5.1 Designation of Network Resources

5.2 Operation of Network Resources

5.3 Transmission Arrangements for

Network Resources Located Outside the

Bonneville Control Area

5.4 Designation of New Network

Resources

5.5 Reserve Margin Limitation on

Designation of Network Resources

5.6 Customer Owned Transmission

Facilities

6. Designation of Member Systems by

Customers Receiving Network

Integration Service

6.1 Member Systems

6.2 New Member Systems Connected

with Bonneville

6.3 New Member Systems Not Connected

with Bonneville

6.4 New Interconnection Points

7. Transmission Facilities or Upgrades

Related to Designation of New Network

Resources and Member Systems

7.1 System Impact Study

7.2 Facilities Study

7.3 Due Diligence

7.4 Incremental Transmission Costs

Associated with Adding New Network

Resources

7.5 Changes in Service Requests

7.6 Annual Load and Resource

Information Updates

8. Ancillary Services

9. Transmission Losses

10. Curtailments

10.1 System Reliability

10.2 Transmission Constraints

10.3 Cost Responsibility for Relieving

Capacity Constraints

10.4 Load Curtailments

10.5 Curtailment Procedures

10.6 Curtailment Allocations

11. Rates and Charges

12. Billing and Payment

13. Booking of Costs Attributable to

Bonneville

14. Indemnification and Liability

14.1 Western Interconnected Systems

Agreement

14.2 No Western Interconnected Systems

Agreement

14.3 Uncontrollable Forces

15. Regulatory Filings

16. Operating Arrangements

16.1 Operation of the Customer Control

Area

16.2 Network Operating Agreement

17. Network Operating Committee

18. Procedures to Resolve Transmission

Complaints

19. Creditworthiness

Proposed Network Integration Service

Tariff

Bonneville will provide Network

Integration Service to Eligible

Customers pursuant to the terms and

conditions of this Tariff.

1. Definitions

1.1 Annual Transmission Costs

The total annual cost of the Network

Transmission System shall be the

amount specified in the Network

Integration Transmission Rate Schedule

(NT–95) or its successor.

1.2 Application

A written request for Network

Integration Service satisfying the

provisions of this Tariff.
Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Notices 12917

1.3 Bonneville Service Area

The area consisting of the States of

Oregon, Washington, and Idaho; the

portion of the State of Montana west of

the Continental Divide, and such

portions of the States of Nevada, Utah,

and Wyoming as are within the

Columbia River drainage basin; and any

contiguous areas, not in excess of 75 air

miles from the just described area,

which are a part of the service area of

a rural electric cooperative customer

served by Bonneville on the effective

date of this Tariff which has a

distribution system from which it serves

both within and without such area.

1.4 Commission

The Federal Energy Regulatory

Commission (FERC) or any successor

Federal agency having regulatory

jurisdiction over this Tariff.

1.5 Control Area

The set of generating units, electrical

loads, and transmission facilities

managed and overseen by a utility that

is responsible for matching its

generation and loads on an

instantaneous basis.

1.6 Control Area Services (or Ancillary

Control Area Services)

Any functions, practices, or services

required by North American Electric

Reliability Council (NERC), Western

Systems Coordinating Council (WSCC),

Northwest Power Pool (NWPP), or

Bonneville Reliability Criteria and

Standards (BRCS) for the safe and

reliable operation of a Control Area and

the connection of loads and resources to

a Control Area.

1.7 Customer

An Eligible Customer that has

executed a Service Agreement for

Network Integration Service pursuant to

this Tariff.

1.8 Customer Electric System

The electric system operated by a

Customer to serve its Network Load in

accordance with the terms of this

Agreement and applicable reliability

and operating criteria.

1.9 Direct Assignment Facilities

Transmission facilities which are not

an integral part of, and do not support,

the Network Transmission System and

that are constructed by Bonneville to

satisfy an Application under this Tariff,

the addition of a new Member System,

or addition of a new Network Resource

and the costs of which Bonneville may

recover directly from the Customer as

provided in the NT–95 Rate Schedule or

its successor.

1.10 Effective Date

The date upon which the Parties

execute a Service Agreement in

accordance with the terms and

conditions of this Tariff.

1.11 Eligible Customer

A private or public corporation,

governmental agency or authority, joint

action agency, municipality, rural

electric membership corporation or

cooperative, person, or any lawful

association of the foregoing which

engages in the generation, transmission

or distribution of electric energy at

wholesale or retail and which will rely

upon Bonneville’s Network

Transmission System to integrate

effectively its Network Load and

Network Resources. Bonneville’s direct

service industrial customers on the

effective date of this Tariff shall be

considered Eligible Customers. Other

than Bonneville’s direct service

industrial customers, an Eligible

Customer shall not include any entity

for which the Commission is prohibited

under sections 212(g) and (h) of the

Federal Power Act (FPA) from ordering

the provision of transmission service.

An entity shall be an Eligible Customer

only to the extent that it requests service

to integrate some or all of the Network

Loads of Eligible Customer(s) and a

comparable amount of resources that

have been designated Network

Resources of such Eligible Customer(s).

1.12 Facilities Study

An engineering study conducted by

Bonneville to determine the required

modifications to Bonneville’s

Transmission System, including the cost

and scheduled completion date for such

modifications, which may be required

in order to provide a requested Network

Integration Service, to add a new

Network Customer, to add a new

Member System, or to add a Network

Resource.

1.13 Good Utility Practice

Any of the practices, methods, and

acts engaged in or approved by a

significant portion of the electric utility

industry during the relevant time

period, or any of the practices, methods,

and acts which, in the exercise of

reasonable judgment in light of the facts

known at the time the decision was

made, could have been expected to

accomplish the desired result at the

lowest reasonable cost consistent with

good business practices, reliability,

safety, and expedition. Good Utility

Practice is not intended to be limited to

the optimum practice, method, or act, to

the exclusion of all others, but rather to

be a range of acceptable practices,

methods, or acts.

1.14 Load Ratio Share

Ratio of a Customer’s Network Load to

Bonneville total load computed in

accordance with the NT–95 Rate

Schedule or its successor.

1.15 Member System

An Eligible Customer operating as a

part of a lawful combination,

partnership, association, or joint action

agency composed exclusively of Eligible

Customers.

1.16 Native Load Customers

Those wholesale and direct service

industrial power sales customers on

whose behalf Bonneville, by statute or

contract, has an obligation to plan,

construct and operate its system to

provide reliable electric service.

1.17 Network Load

The designated load of a Customer in

Bonneville’s Service Area, including the

entire load of all Member Systems

designated pursuant to section 6. A

Customer’s Network Load shall not be

reduced to reflect any portion of such

load served by the output of any

generating facilities owned, or

generation purchased, by the Customer

or its Member Systems.

1.18 Network Operating Agreement

An agreement that provides the

technical and engineering provisions

necessary to establish and operate a

Customer Control Area utilizing

Bonneville’s Network Transmission

System.

1.19 Network Resources

Designated non-Federal resources

used by a Customer to provide electric

service to its Network Load consistent

with reliability criteria generally

accepted in the region. Network

Resources shall include all owned and

purchased Customer non-Federal

generating resources that are located in

the Bonneville Control Area or

connected to the Electric System of such

Customer or any Member System. A

Customer also may designate as

Network Resources any non-Federal

generating resources (or portion thereof)

located in another utility’s Control Area

and power purchased by the Customer

from another utility and used to provide

reliable service to Network Load.

Network Resources shall not include

that portion of the capacity of any such

generating resource that is committed

on a firm basis for sale to third parties.
12918 Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Notices

1.20 Network Transmission System

The transmission facilities owned

and/or operated by Bonneville

excluding interties and generation

integration facilities.

1.21 Network Upgrade

Upgrades to transmission facilities

that are integrated with and support

Bonneville’s Network Transmission

System and which are constructed by

Bonneville to satisfy, at least in part, an

Application, the addition of a new

Member System, or the addition of a

new Network Resource and the costs of

which Bonneville may recover directly

from the Customer as provided in the

NT–95 Rate Schedule or its successor.

1.22 Opportunity Costs

Net loss of revenue or the net increase

in generation cost caused by displacing

one transaction with another when the

transmission system is so constrained

that both transactions cannot be

handled at the same time. Opportunity

costs do not include any loss of

revenues resulting from competition or

foregone revenues from purchase and

resale transactions to serve other than

Native Load Customer or Network Load.

1.23 Service Agreement

The initial agreement and

amendments thereto between

Bonneville and a Customer for Network

Integration Service under this Tariff.

1.24 System Impact Study

An assessment by Bonneville of: (i)

the adequacy of the Network

Transmission System to accommodate a

request for Network Integration Service;

and/or (ii) the incremental new facilities

or upgrades that would be needed by

Bonneville in providing such service

pursuant to the terms of this Tariff.

2. Nature of Network Integration Service

2.1 Scope of Service

Network Integration Service is a

transmission service that allows

Customers to efficiently and

economically utilize their Network

Resources and other generation

resources to serve their Network Load

located in Bonneville’s Service Area.

Network Integration Service requires the

Customer to provide, or purchase from

Bonneville, certain Ancillary Control

Area Services. Bonneville will offer

these Ancillary Control Area Services,

pursuant to an appropriate service

agreement, on a nondiscriminatory basis

to any Customer required hereunder to

purchase or provide such services as a

precondition to receiving Network

Service.

In the event that Bonneville provides

a credit for the cost of certain Customerowned transmission facilities pursuant

to section 5.6, Bonneville shall be

entitled to use such facilities, at no

additional charge, to provide the same

scope of services for its Native Load

Customers and its Network Integration

Service Customers, as those services

made available to the Customer

pursuant to this Tariff. In the absence of

such a credit, Bonneville shall be

entitled to such service pursuant to a

FERC-approved tariff that provides

service comparable to that which the

Customer provides for its own load.

2.2 Firm Service

A Customer shall have the right to use

this Tariff for the delivery of power from

Network Resources to Network Loads on

a basis that is comparable to

Bonneville’s use of its Network

Transmission System to reliably serve

its Native Load Customers. Except as

otherwise provided in section 2.5,

service over Bonneville’s Network

Transmission System for the delivery of

power from Network Resources to

Network Load shall have priority over

all nonfirm uses of Bonneville’s

Network Transmission System by

Bonneville or third parties.

2.3 Nonfirm Service

A Customer also may use this Tariff

to deliver energy to its Network Loads

from resources that have not been

designated as Network Resources. Such

deliveries shall be on a nonfirm basis,

subject to available capacity, but on an

equal basis with Bonneville’s use of

economy energy to service Native Load

Customers, subject to section 2.5 below,

and at no additional transmission

charge. Curtailments of nonfirm service

shall be governed by section 10 and

shall be implemented on a

nondiscriminatory basis among all other

nonfirm uses of Bonneville’s Network

Transmission System, including

Bonneville’s nonfirm uses of the system,

except where such service is displaced

pursuant to section 2.5 below.

2.4 Restrictions on Use of Service

Network Integration Service shall not

be used for: (i) wholesale sales of

capacity or energy by the Customer or

its Member Systems to third parties; or

(ii) directly or indirectly providing

transmission service by the Customer to

third parties. An Eligible Customer may

not receive service pursuant to more

than one service agreement that applies

this Tariff during any billing period.

2.5 Bonneville Right to Displace

Bonneville shall have the right to

displace Customer Network Resources

and nonfirm purchases, at a cost which

keeps the Customer whole, in the event

of a transmission bottleneck to the

extent that such displacement reduces

the bottleneck, if Bonneville finds it

necessary in order to avoid spill on the

Federal power system or on the systems

of Network Integration Service

Customers.

3. Availability of Network Integration

Service

3.1 General Conditions

In accordance with the provisions of

this Tariff, Network Integration Service

shall be provided by Bonneville to allow

a Customer to integrate, plan,

economically dispatch, and regulate

designated Network Resources to serve

the Customer’s consolidated Network

Load, via Bonneville’s Network

Transmission System, as a single

Control Area in the same manner that

Bonneville performs those functions for

Bonneville’s Native Load Customers.

3.2 Control Area Requirement

As a condition of obtaining Network

Integration Service, the Customer shall:

(i) operate as a Control Area under

applicable guidelines of the NERC, the

WSCC, the NWPP, and BRCS; or (ii)

satisfy its responsibility to be operated

as a Control Area by contract with

Bonneville; or (iii) by contract with

another entity which Bonneville accepts

as sufficient to satisfy NERC, WSCC,

NWPP, and BRCS requirements.

Bonneville shall not unreasonably

refuse to accept contractual

arrangements with another entity for

such service.

3.3 Bonneville Responsibilities

Bonneville shall plan, construct,

operate, and maintain its Network

Transmission System in accordance

with Good Utility Practice in order to

provide the Customer with Network

Integration Service within and across

Bonneville’s Control Area in accordance

with this Tariff. Bonneville shall

include the Customer’s Network Load in

its transmission system planning and

shall, consistent with Good Utility

Practice, endeavor to construct and

place into service sufficient

transmission capacity to deliver the

Customer’s Network Resources to serve

Network Load on a basis comparable to

Bonneville’s delivery of its own

generating and purchased resources to

Bonneville’s Native Load Customers. If

the Customer meets its Control Area

responsibilities without placing its
Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Notices 12919

loads and resources in Bonneville’s

Control Area, power scheduling will be

provided consistent with normal utility

practices for scheduling power between

Control Areas.

3.4 Customer Redispatch Obligation

As a condition of receiving Network

Integration Service, a Customer agrees to

redispatch its Network and other

resources as requested by Bonneville to

create additional firm transmission

capacity on Bonneville’s Network

Transmission System to allow

Bonneville to provide new firm

transmission service. Whenever a

Customer redispatches its Network and

other resources pursuant to this section

it shall be compensated by Bonneville

for the Opportunity Costs it incurs. To

the extent practicable, the redispatch of

resources pursuant to this section shall

be on a least cost, nondiscriminatory

basis as between all Network Integration

Customers and Bonneville. The

Customer shall be compensated for

redispatching resources pursuant to the

NT Rate Schedule or its successor.

4. Initiating Service

4.1 Conditions Precedent for Receiving

Service

Subject to the terms and conditions of

this Tariff, Bonneville shall provide

Network Integration Service within

Bonneville’s Service Area to any

Eligible Customer, provided that: (i) the

Eligible Customer has completed an

Application for Network Integration

Service as provided under this Tariff;

(ii) the Eligible Customer and

Bonneville have completed the

technical arrangements set forth in

section 4.6 below; and (iii) the Eligible

Customer has executed a Service

Agreement.

4.2 Application Procedures

An Eligible Customer requesting

service under this Tariff must submit a

written Application to: Bonneville

Power Administration, Attention:

Manager, Transmission Business, P.O.

Box 3621; Portland, Oregon, 97208–

3621 as far as possible in advance of the

calendar month in which service is to

commence. A completed Application

shall provide all of the following

information:

(i) The identity, address, and

telephone number of the party

requesting service and of the party’s

designated contact person.

(ii) A statement that the party

requesting service is, or will be upon

commencement of service, an Eligible

Customer under this Tariff.

(iii) A description of the Network

Load (subdivided into the load of any

Member Systems whose loads are

designated as Network Load). This

description should separately identify

and provide the Eligible Customer’s best

estimate of the total loads to be served

at each transmission voltage level, and

the loads to be served from each

Bonneville substation at the same

transmission voltage level. The

description should include a 10-year

forecast of summer and winter load and

resource requirements beginning with

the first year after the Effective Date.

(iv) The amount and location of any

interruptible loads included in the

Network load. This shall include the

summer and winter capacity

requirements for each interruptible load

(had such load not been curtailed), that

portion of the load subject to

curtailment, the conditions under which

a curtailment can be implemented and

any limitations of the amount and

frequency of curtailments. An Eligible

Customer should identify the amount of

curtailed customer load (if any)

included in the 10-year load forecast

provided in response to (iii) above.

(v) A description of Network

Resources (current and 10-year

projection), which shall include, for

each Network Resource: Data on the

Eligible Customer’s Network Resource

characteristics in an appropriate

dynamic data format (PSS/E or WSCC).

Unit size and amount of capacity from

that unit to be designated as Network

Resource:

—Var capability of all generators

—Operating restrictions

—Any periods of restricted operations

throughout the year

—Minimum loading level of unit

—Normal operating level of unit

—Any must-run unit designations

required for system reliability or

contract reasons

—Approximate variable generating cost

($/megawatthour) for redispatch

computations.

—Arrangements governing sale and

delivery of power to third parties from

generating facilities located in the

Bonneville control area, where only a

portion of unit output is designated as

a Network Resource.

—Description of purchased power

designated as a Network Resource,

including source of supply, Control

Area location, transmission

arrangements, and delivery point(s) to

the Bonneville Network Transmission

System.

(vi) Description of Eligible Customer’s

Transmission System:

—Data on the Eligible Customer’s

transmission system characteristics in

an appropriate load flow format (PSS/

E, or WSCC).

—Description of all lines and

transformers operated at 50 kilovolt

and higher

—Operating restrictions needed for

reliability

—Operating guides employed by system

operators

—Contractual restrictions or committed

uses of the Eligible Customer’s

Transmission System, other than the

Eligible Customer’s Network Loads

and Resources

—Location of Network Resources

described in section 4.2(v)

—Ten (10)-year projection of system

expansions or upgrades

—Transmission system maps that

include any proposed expansions or

upgrades

—Thermal ratings of Eligible Customer’s

Control Area transmission facilities

(vii) Service commencement date and

the term of the requested Network

Integration Service:

If an Application fails to meet the

requirements of this Tariff, Bonneville

shall notify the Eligible Customer

requesting service within 10 days of

receipt and specify the reasons for such

failure. Whenever possible Bonneville

shall attempt to remedy minor

deficiencies in the Application through

informal communications with the

Eligible Customer.

4.3 Insufficient Capacity

In the event that there is insufficient

capacity to initially meet the request,

Bonneville shall offer, at Customer’s

expense, to make sufficient capacity

available through construction,

redispatch or by otherwise rearranging

its own use of the Network

Transmission System.

4.4 Direct Assignment Facilities

At the Customer’s request, when

required to make deliveries hereunder,

Bonneville shall also provide Direct

Assignment Facilities provided that the

Customer agrees to pay for such Direct

Assignment Facilities. The Customer

shall pay Bonneville for such facilities

in accordance with the applicable rate

schedule.

4.5 Queue Priority

Applications for Network Integration

Service or requests to add service for

new Network Resources or new Member

Systems, along with applications for

other Bonneville firm transmission

services, will be assigned a priority

according to the date on which the

application is received, with the earliest

application receiving the highest

priority.
12920 Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Notices

4.6 Technical Arrangements to be

Completed Prior to Commencement of

Service

Service under this Tariff shall not

commence until Bonneville and the

Customer, or a third party which has

contracted to provide Control Area

Services, have installed all metering

facilities, remote terminal units,

communications equipment, and

associated equipment necessary to

ensure that the Customer’s Network

Loads and Network Resources operate

in a Control Area that is consistent with

NERC, WSCC, NWPP, and BRCS

guidelines and any additional

requirements reasonably and

consistently imposed to ensure the

reliable operation of the Network

Transmission System. Bonneville shall

exercise reasonable efforts, in

coordination with the Customer, to

complete such arrangements as soon as

practical after the Effective Date.

4.7 Customer Facilities

Bonneville’s provision of Network

Integration Service shall be conditioned

upon the Customer’s constructing,

maintaining, and operating the facilities

on its side of each point of

interconnection that are necessary to

reliably interconnect and deliver power

from the Network Transmission System

to the Customer and/or its Member

Systems. The Customer shall be solely

responsible for constructing and/or

installing and operating any incremental

facilities on the Customer’s side of each

such interconnection point.

4.8 Termination of Service

A Customer may terminate service

under this Tariff no earlier than 2 years

after providing Bonneville with written

notice of the Customer’s intention to

terminate. A Customer’s provision of

notice to terminate service under this

Tariff shall not relieve the Customer of

its obligation to pay Bonneville any

rates, charges, or fees, including charges

related to the construction of

incremental facilities, for service

previously provided under the

applicable Service Agreement or the

Network Operating Agreement, and

which are owed to Bonneville as of the

date of termination.

5. Network Resources

5.1 Designation of Network Resources

All of the owned and/or purchased

resources that were serving such

Customer’s or its Member Systems’

Network Loads under firm agreements

entered into on or before the Effective

Date shall be designated as Network

Resources as of the Effective Date. A

Customer may terminate the designation

of a generating resource located within

Bonneville’s or the Customer’s Control

Area as a Network Resource if the

Customer provides 30 days’ written

notification to Bonneville that the

terminated resource will not be operated

to serve any portion of the Customer’s

Network Load for the time period that

such resource is not designated as a

Network Resource. The Customer may

later redesignate the resource as a

Network Resource in accordance with

the provision of section 5.4. The

Customer also may terminate the

designation of all or part of a generating

resource not located within the Control

Area of Bonneville or the Customer as

a Network Resource upon 30 days’

notice to Bonneville. If the Customer

has committed to make a firm system

sale (to a third party) using a portion of

the capacity of more than one Network

Resource, Bonneville will treat each

Network Resource as making a

representative portion of such capacity

sale based on the likely loadings of each

generating resource that will occur

under representative system conditions

(e.g., off-peak and on-peak).

5.2 Operation of Network Resources

A Customer shall not operate any of

its generating facilities located in the

Customer’s or Bonneville’s Control

Areas such that the output of those

facilities exceeds the sum of: (i) the

capacity from those facilities that have

been designated as Network Resources

plus; (ii) the amount of power from

those facilities scheduled for delivery to

a third party. When a Customer sells

power or energy from a Network

Resource located within Bonneville’s

Control Area, the Customer shall

arrange transmission service under the

applicable Bonneville Transmission

Service Tariff.

5.3 Transmission Arrangements for

Network Resources Located Outside the

Bonneville Control Area

It shall be the Customer’s

responsibility to make any transmission

arrangements necessary for delivery of

power produced from a Network

Resource located outside the Bonneville

Control Area to the Network

Transmission System. If a Customer

designates as a Network Resource less

than the full amount of the maximum

net dependable capability of a

generating resource located within the

Control Area of another utility, the

Customer may request Bonneville to

supply other transmission service for

that portion of the maximum net

dependable capability of the generating

resource which is not designated as a

Network Resource.

5.4 Designation of New Network

Resources

A Customer may request the

designation of a new Network Resource

by providing Bonneville with as much

advance written notice as practicable,

but not less than 60 days. Bonneville

must satisfy the requirements of

applicable environmental statutes prior

to committing to the additional service.

In determining whether the Customer

has provided sufficient notice for

Bonneville to provide firm service from

a newly designated Network Resource,

Bonneville shall apply the same

standards as it would apply to its own

newly designated resources. Where a

Customer proposes to substitute a new

Network Resource for an existing

Network Resource, Bonneville shall not

unreasonably withhold agreement

where agreement would impose no

economic, technical, or unacceptable

environmental burdens on Bonneville.

To the extent insufficient notice is

provided for Bonneville to construct

transmission facilities or upgrades

determined in accordance with section

7 as necessary for delivery of a new

Network Resource to the Customer’s

Network Load, Bonneville shall not be

obligated to deliver power from such

Network Resource pursuant to this

Tariff until all needed facilities or

upgrades are completed and all

environmental responsibilities have

been satisfied. Notice of a Customer’s

intent to designate a new Network

Resource shall include sufficient

engineering, and technical information

to permit Bonneville to perform a

System Impact Study addressing the

transmission requirements associated

with delivery of such new Network

Resource to the Customer’s Network

Load as set forth in section 4.2.

5.5 Reserve Margin Limitation on

Designation of Network Resources

A Customer shall designate an

amount (in MW) of Network Resources

that enables the Customer to operate the

Customer Control Area with an installed

reserve margin not to exceed 25 percent

of the Customer’s reasonably forecasted

consolidated Network Load. Once the

designation of a Network Resource

becomes effective, the Customer shall

not be penalized if reasonably

forecasted loads do not materialize. A

Customer may designate a new Network

Resource that would cause it to exceed

the reserve margin limitation so long as

the addition of such resource would be

consistent with the Customer’s

obligations to serve its Network Load in
Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Notices 12921

accordance with Good Utility Practice

and the Customer reasonably forecasts

that its projected installed reserve

margin will be in compliance with this

reserve criterion within 3 years of the

date on which such new Network

Resource becomes operational.

Bonneville shall provide an

exemption from the 25 percent reserve

margin limitation if the Customer

demonstrates that it must maintain a

higher level of reserves to operate

reliably under NERC, WSCC, NWPP,

and BRCS guidelines and that it has

undertaken reasonable efforts to procure

coordination services (such as reserve

sharing) that would reduce its required

level of reserves. If an exemption

applies, the Customer may designate an

amount of Network Resources equal to

the amount necessary to operate reliably

under the above referenced guidelines.

Bonneville is subject to the above

referenced requirements in determining

the resources it needs to operate

reliably. Bonneville may not maintain a

reserve margin in excess of that

permitted any Network Customer under

this Tariff. Each year, Bonneville

submits to WSCC a 10-year resource

plan indicating the generating resources

Bonneville will use to operate reliably

under regional and national reliability

standards. This plan shall be made

available to the Customer upon request.

5.6 Customer Owned Transmission

Facilities

The Customer will be entitled to

receive a Customer Facilities Credit as

defined in the NT–95 Rate Schedule or

its successors if transmission facilities

as described in such rate schedule are

made available for use under this Tariff.

6. Designation of Member Systems for

Customers Receiving Network

Integration Service

6.1 Member Systems

A Customer may designate the

individual Member Systems that will be

included in the Customer Control Area

and on whose behalf Bonneville shall

provide Network Integration Service.

The Member Systems as of the Effective

Date shall be specified in the Service

Agreement.

6.2 New Member Systems Connected

With Bonneville

A Customer shall provide Bonneville

with as much written notice as

reasonably practicable of the

designation of additional entities that

will be added to its Control Area as new

Member Systems. Bonneville shall

provide Network Integration Service for

any such new Member System,

provided that: (i) Bonneville reasonably

determines in accordance with section 7

that the Network Transmission System

can reliably accommodate such new

Member System; and (ii) the Customer

agrees to pay the costs of any

incremental transmission facilities

upgrades that Bonneville reasonably

determines must be installed to

interconnect reliably such new Member

System with the Bonneville Network

Transmission System. The engineering

and technical specifications for any

such new interconnection shall be set

forth in an amendment to the Service

Agreement under the Tariff. Until such

incremental facilities are completed,

Bonneville shall agree to provide

Network Integration Service out of

existing transmission capacity, pursuant

to the prioritization described in section

4.5 above, to the extent such service

would not impair the reliability of

service to Native Load Customers, firm

transmission service customers, and

other Network Service Customers. In

addition if the Customer so elects, to the

extent the requested service can be

provided in whole or in part by

redispatching the system, the Customer

shall be assigned the incremental costs

caused by the redispatch.

6.3 New Member Systems Not

Connected with Bonneville

To the extent that a Customer desires

to obtain transmission service for a

Member System that is not connected to

the Network Transmission System, the

Customer shall have the option of: (i)

electing to include such Member System

in the Customer Control Area by

including the entire load of that Member

System as Network Load for all

purposes under this Tariff and

designating Network Resources in

connection with such additional

Network Load; or (ii) excluding the load

of that Member System from its Network

Load and purchasing Point-to-Point

Transmission for power transfers

between the Customer’s Control Area

and the new Member System not

connected to Bonneville’s system.

Transmission across third-party systems

is not covered by this Tariff. To the

extent that a Customer gives notice of its

intent to add a new Member System

pursuant to this section and sufficient

capacity is not available on the Network

Transmission System to provide the

requested service pursuant to the

prioritization described in section 4.5

above, without impairing reliability to

Bonneville’s Native Load Customers and

other firm uses of the system, the

Customer shall be charged for the cost

of any incremental facilities determined

necessary by Bonneville to provide

Network Integration Service. In

addition, if the Customer so elects, to

the extent the requested service can be

provided in whole or in part by

redispatching the system, the Customer

shall be assigned the incremental costs

caused by the redispatch. Bonneville

shall be responsible for the cost of any

incremental facilities or system

redispatch costs associated with adding

new resources to serve its Native Load

Customers, as provided in section 7.

6.4 New Interconnection Points

To the extent a Customer desires to

add a newly constructed

interconnection point between the

Network Transmission System and a

Member System, the Customer shall

provide Bonneville with as much

written notice as reasonably practicable;

however, Bonneville shall not be

obligated to provide additional service

with respect to such interconnection

point until such new interconnection is

established. Bonneville shall add such

new interconnection point provided

that Bonneville reasonably determines

that the Bonneville Network

Transmission System can reliably

accommodate such new interconnection

point. The Customer shall be

responsible for the costs of any

incremental facilities associated with

such new interconnection. The

engineering and technical specifications

for such new interconnection point

shall be set forth in a separate

interconnection agreement to be

negotiated by the Parties.

7. Transmission Facilities or Upgrades

Related to Designation of New Network

Resources and Member System

7.1 System Impact Study

Once a Customer provides Bonneville

with notice of its intent to designate a

new Network Resource pursuant to

section 5.4 or a new Member System

pursuant to section 6, Bonneville and

the Customer shall execute an

agreement under which Bonneville shall

perform a System Impact Study to

determine the incremental transmission

facilities, if any, attributable to

integrating such new Network Resource

or new Member System into

Bonneville’s Network Transmission

System. In performing the System

Impact Study, Bonneville shall apply

the same methods and criteria that it

employs in integrating new owned or

purchased resources acquired by

Bonneville to serve Bonneville’s Native

Load Customers. Bonneville shall

complete the System Impact Study

within 60 days or will provide the

Customer a written explanation of when
12922 Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Notices

the study will be completed and the

reasons for the delay. A Customer shall

be responsible for the cost of the System

Impact Study and shall be provided

with the results thereof, including

relevant workpapers.

7.2 Facilities Study

Based on the results of the System

Impact Study, Bonneville also may

perform, pursuant to a separate

agreement with the Customer, a

Facilities Study addressing the detailed

engineering, design, and cost of

incremental transmission facilities. The

Facilities Study shall be completed as

soon as reasonably practicable and will

be used by Bonneville to provide the

Customer with an estimate of the cost

for constructing incremental facilities.

The Customer shall be responsible for

the costs of the Facilities Study and

shall be provided with the results

thereof, including relevant workpapers.

Bonneville shall be responsible for the

costs of any Facilities Study undertaken

to determine the costs of adding

incremental facilities associated with

Bonneville’s addition of new owned or

purchased resources used to serve

Bonneville’s load.

7.3 Due Diligence

Bonneville shall use due diligence to

install any transmission facilities

required to integrate a new Network

Resource or to interconnect a new

Member System designated by the

Customer in accordance with section

6.3.

7.4 Incremental Transmission Costs

Associated With Adding New Network

Resources and New Member Systems

After the Effective Date, Customer and

Bonneville each shall be responsible for

the incremental transmission facility

costs associated with integration of new

Network Resources, new Member

Systems and new Native Load

Customers. The costs of any such

incremental facilities directly assigned

to Bonneville or the Customer shall not

be included in the calculation of

Bonneville’s Annual Transmission

Costs. The costs of such facilities shall

be determined in a formal Bonneville

rate hearing pursuant to section 7(i) of

the Northwest Power Act. Any

incremental facilities costs assigned to

the Customer shall be reflected in an

amendment to the Service Agreement.

7.5 Changes in Service Requests

Under no circumstances shall a

Customer’s decision to cancel or delay

the addition of a new Network Resource

and/or designation of a new Member

System in any way reduce or relieve the

Customer’s obligation to pay the costs of

any incremental facilities constructed

by Bonneville and charged to the

Customer pursuant to this section;

provided, however, that upon receipt of

a Customer’s written notice of such a

cancellation or delay, Bonneville shall

use the same reasonable efforts to

mitigate the costs and charges owed to

Bonneville as it would to reduce its own

costs and charges.

7.6 Annual Load and Resource

Information Updates

A Customer shall provide Bonneville

with annual updates of Network Load

and Network Resource forecasts

consistent with those included in its

Application for Network Integration

Service under this Tariff. The Customer

also shall provide Bonneville with

timely written notice of material

changes in any other information

provided in its Application relating to

the Customer’s Network Load, Network

Resources, its transmission system, or

other aspects of its facilities or

operations affecting Bonneville’s ability

to provide reliable service under this

Tariff.

8. Ancillary Services

A customer may purchase the

ancillary services necessary for prudent

utility operations from Bonneville or

from another supplier where the

purchase is technically feasible and

consistent with NERC and WSCC

requirements.

9. Transmission Losses

Transmission losses shall be

determined on the basis of average

estimated system losses. The Customer

shall compensate Bonneville for losses

by either providing additional energy

for losses associated with service

pursuant to this Tariff or by buying

losses from Bonneville in accordance

with Bonneville’s Firm Power Products

and Services Rate Schedule or its

successor.

10. Curtailments

10.1 System Reliability

Notwithstanding any other provisions

of this Tariff, Bonneville reserves the

right, consistent with Good Utility

Practice to curtail Network Integration

Service, without liability on

Bonneville’s part, to make necessary

adjustments to, changes in, or repairs on

its lines, substations, and facilities, and

in cases where the continuance of

Network Integration Service would

endanger persons or property. In the

event of any adverse condition(s) or

disturbance(s) on the Bonneville system

or on any other system(s) directly or

indirectly interconnected with the

Bonneville system, Bonneville,

consistent with Good Utility Practice,

also may curtail Network Integration

Service in order to: (i) limit the extent

or damage of the adverse condition(s) or

disturbance(s); (ii) prevent damage to

generating or transmission facilities; or

(iii) expedite restoration of service.

Bonneville shall give Customers as

much advance notice as is practicable in

the event of such curtailments. Any

curtailments of Network Integration

Service will be not unduly

discriminatory relative to Bonneville’s

use of the Network Transmission

System on behalf of its Native Load

Customers.

10.2 Transmission Constraints

During any period when Bonneville

determines that a transmission

constraint exists on the Network

Transmission System, and such

constraint may impair the reliability of

the Bonneville system, Bonneville shall

take whatever actions, consistent with

Good Utility Practice, that are

reasonably necessary to maintain the

reliability of the Bonneville system and

to avoid curtailment of service. To the

extent Bonneville determines that the

reliability of the Network Transmission

System can be maintained by

redispatching resources (including

reductions in off-system purchases and

sales), Bonneville shall initiate

procedures pursuant to the Network

Operating Agreement or pursuant to

provisions in individual service

agreements to redispatch Bonneville’s

and its Customers’ resources on a leastcost basis without regard to the

ownership of such resources. To the

extent and for the duration that it is

determined necessary to relieve a

transmission constraint to reliably serve

Bonneville Native Load Customers and

a Customer’s Network Load, Bonneville

and its Customers shall be required to

redispatch their resources (including

reducing purchases and sales), in

accordance with the least-cost

redispatch procedures implemented by

Bonneville pursuant to the Network

Operating Agreement or other

agreement. Any redispatch under this

section shall not be unduly

discriminatory as between Bonneville

and its Customers. To the extent

reasonable, practicable, and consistent

with Good Utility Practice, Bonneville

shall curtail, on a pro rata basis, all

similarly situated uses (e.g., nonfirm

uses would be curtailed first, and then

firm uses) that are affected by the

emergency.
Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Notices 12923

10.3 Cost Responsibility for Relieving

Capacity Constraints

Whenever Bonneville implements

least-cost redispatch procedures to

relieve a capacity constraint, Bonneville

shall determine the total Opportunity

Cost impact of such procedures.

Bonneville and its Customers shall each

bear a proportionate share of the total

redispatch cost impact based on the

then-current Load Ratio Shares or as

otherwise agreed.

10.4 Load Curtailments

To the extent that a transmission

constraint on the Bonneville

transmission system cannot be relieved

through the implementation of least-cost

redispatch procedures and Bonneville

determines that it is necessary for

Bonneville and the Customer to curtail

load, the parties shall curtail such load

as discussed below.

10.5 Curtailment Procedures

Prior to the Effective Date, and as a

precondition to the commencement of

service hereunder, Bonneville and the

Customer shall discuss emergency

programs for the curtailment of loads

with the objective of relieving loadings

on the Network Transmission System.

The parties shall implement such agreed

programs during any period when

Bonneville determines that a

transmission capacity constraint exists

and such curtailment of loads is

necessary to alleviate such constraint.

10.6 Curtailment Allocations

To the extent practicable and

consistent with Good Utility Practice,

any curtailment shall be shared by

Bonneville and its Customers.

Bonneville shall not direct a Customer

to curtail load to an extent greater than

Bonneville would curtail Bonneville’s

Native Load Customers under similar

circumstances. A Customer’s failure to

implement such emergency load

curtailment programs may be deemed

by the Bonneville to be a default under

the service agreements that apply this

Tariff.

11. Rates and Charges

The Customer shall pay for services

provided under this Tariff as provided

in rates determined in a formal

Bonneville rate hearing pursuant to

section 7(i) of the Northwest Power Act.

12. Billing and Payment

Billing and payment provisions

identified in Bonneville’s General Rate

Schedule Provisions or successor shall

be applicable.

13. Booking of Costs Attributable to

Bonneville

Bonneville and the Customer shall

keep such records as may be needed to

afford a clear history of all transactions

under this Tariff. The originals of all

such records shall be retained for a

minimum of 2 years plus the current

year (or such longer period as may be

required by any regulatory commission

having jurisdiction, and copies shall be

delivered to the other party on request.

14. Indemnification and Liability

14.1 Western Interconnected Systems

Agreement

If a Customer is a party to the Western

Interconnected Systems Agreement

Limiting Liability, such agreement shall

continue in full force and effect as

between the parties to the extent that

such provisions may apply to the

transactions contemplated by this Tariff.

14.2 No Western Interconnected

Systems Agreement

If a Customer is not a party to the

Western Interconnected Systems

Agreement Limiting Liability, and there

is no other agreement between

Bonneville and the Customer governing

liability and indemnification between

them, then additional provisions for the

protection of electric generation and

transmission facilities liability and

indemnification may be required. Such

additional provisions shall be set forth

in the Service Agreement.

14.3 Uncontrollable Forces

Bonneville shall not be liable for any

claim of damage attributable to any

interruption or reduction of service due

to any uncontrollable force.

15. Regulatory Filings

Nothing contained in this Tariff or

any Service Agreement shall be

construed as affecting in any way the

right of Bonneville to unilaterally make

application to the Commission for a

change in rates or charges.

Nothing contained in this Tariff or

any associated Service Agreement shall

be construed as affecting in any way the

ability of any Customer receiving

Network Integration Service under the

Tariff to exercise its rights under the

FPA or any successor statute and

pursuant to the Commission’s rules and

regulations promulgated thereunder.

16. Operating Arrangements

16.1 Operation of the Customer

Control Area

A Customer shall plan, construct,

operate, and maintain the Customer

Control Area in accordance with Good

Utility Practice, which shall include,

but not be limited to, all applicable

NERC and WSCC guidelines, or become

part of Bonneville’s Control Area or the

Control Area of another utility whose

Control Area meets WSCC and NERC

guidelines.

16.2 Network Operating Agreement

The terms and conditions under

which the Customer shall operate the

Customer Control Area and the

technical and operational matters

associated with the implementation of

this Tariff shall be specified in a

separate Network Operating Agreement.

The Network Operating Agreement shall

provide for the Parties to: (i) operate and

maintain equipment necessary for

incorporating the Customer Control

Area within the Bonneville transmission

system (including, but not limited to,

remote terminal units, metering,

communication equipment, and

relaying equipment); (ii) transfer data

between control centers (including, but

not limited to, heat rates and

operational characteristics of Network

Resources, generation schedules for

units outside Bonneville’s transmission

system, interchange schedules, unit

outputs for dispatches required under

section 10, voltage schedules, loss

penalty factors, and other real-time data;

(iii) design and implement software

programs required for data links and

constraint dispatching; (iv) exchange

data on forecasted loads and resources

necessary for long-term planning; and

(v) address any other technical and

operational considerations required for

implementation of this Tariff.

17. Network Operating Committee

If needed, a Network Operating

Committee (Committee) shall be

established to coordinate operating

criteria for the Parties’ respective

responsibilities under this Tariff

including: (i) standards for the design,

operation, and maintenance of the

facilities necessary to integrate

Customer Electric Systems with

Bonneville’s Transmission System

(including, but not limited to, remote

terminal units, metering,

communications equipment, and

relaying equipment); (ii) information

transfers between control centers

(including, but not limited to,

operational characteristics of Network

Resources, generation schedules for

units outside Bonneville’s Transmission

System, interchange schedules, unit

outputs for dispatch, voltage schedules,

loss penalty factors, and other real-time

data); (iii) Software programs required

for data links and constraint

dispatching; (iv) information required
12924 Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Notices

for long-term planning; (v) load

curtailment procedures in the event of

transmission constraints or system

emergencies; (vi) least-cost redispatch

procedures; and (vii) other technical

and operational considerations required

for implementation of this Tariff. Each

Customer and Bonneville shall have at

least one representative on the

Committee. The Committee may

establish such subcommittees as it

deems necessary to carry out its

functions. The Committee shall meet

from time to time as need requires, but

no less than once each calendar year,

unless other arrangements are mutually

agreed upon.

18. Procedures to Resolve Transmission

Complaints

Any complaint arising concerning

implementation of this Tariff may be

resolved, at the Customer’s discretion,

by either:

(a) A voluntary dispute resolution

process, which may include mediation

or arbitration or both, pursuant to the

terms of a regional transmission

association governing agreement, or

such other dispute resolution rules as

may be agreed to by Bonneville and the

Customer; or

(b) A transmission complaint filed

with the Commission.

19. Creditworthiness

For the purpose of determining the

ability of the Customer to meet its

obligations related to service hereunder,

Bonneville may require reasonable

credit review procedures which may

include, but shall not be limited to,

verification that the Customer is not

operating under any State or Federal

bankruptcy laws, is not subject to the

uncertainty of pending liquidation or

regulatory proceedings in State or

Federal courts, and no significant

collection lawsuits or judgments are

outstanding which would seriously

reflect upon the Customer’s ability, in

Bonneville’s determination, to remain

solvent. This determination shall be

made in accordance with standard

commercial practices. In addition,

Bonneville may require the Customer to

provide and maintain in effect during

the term of the Service Agreement, an

unconditional and irrevocable letter of

credit as security to meet its

responsibilities and obligations under

this Tariff or an alternative form of

security proposed by the Customer and

acceptable to Bonneville that protects

Bonneville against the risk of

nonpayment. Any disputes over the

terms of such security arrangements

shall be subject to the arbitration

provisions of this Tariff.

Proposed Bonneville Power Administration

Point-to-Point (PTP) Firm Network

Transmission Service Tariff

Table of Contents

1. Definitions

1.1 Applicant

1.2 Application

1.3 Commission

1.4 Control Area

1.5 Customer

1.6 Delivering Party

1.7 Direct Assignment Facilities

1.8 Effective Date

1.9 Eligible Customer

1.10 Good Utility Practice

1.11 Incremental Cost

1.12 Native Load Customers

1.13 Network PTP Transmission

Facilities

1.14 Network PTP Transmission Service

1.15 Network Upgrade

1.16 Opportunity Costs

1.17 Point(s) of Delivery

1.18 Point(s) of Interconnection

1.19 Receiving Party

1.20 Reservation Charge

1.21 Service Agreement

1.22 Study Agreement

1.23 System Impact Study

1.24 Transmission Demand

2. Character and Availability of Service

2.1 Nature of Service

2.2 Term of Service

2.3 Service Agreement Requirements

2.4 Control Area Requirements

2.5 Ancillary Services

3. Interconnection and Interchange

3.1 Designation of Transmission Demand,

Point(s) of Interconnection, and Point(s)

of Delivery

3.2 Bonneville Responsibility

3.3 Metering

3.4 Third Party Arrangements

4. Rates

4.1 Transmission Charge

4.2 Dual Transmission Charge

4.3 Direct Assignment Facilities

4.4 Termination Charge

4.5 Reservation Charge

4.6 Transmission Losses

4.7 Reactive Charge

4.8 Control Area Services Charge

4.9 Revision to Rates, Charges, and Loss

Factors

4.10 Commencement of Service

5. Initiating Service

5.1 Conditions Precedent for Receiving

Service

5.2 Application Procedures

5.3 Notice of Deficient Application

5.4 Identity of Ultimate Consumer

5.5 Mutually Exclusive Applications for

Same Service

5.6 Applications Filed By Bonneville

6. Priority of Requests

7. Capacity Availability and Expansion

Obligations

7.1 Determination of Capacity

Availability

7.2 Conditions on Capacity Availability

7.3 Partial Capacity Availability

7.4 Withdrawal of Application or Failure

to Execute Service Agreement

7.5 Responsibility of Parties for Network

PTP Transmission Facilities

Modification

8. Subsequent Requirements Where no New

Facilities Are Needed

8.1 Notification of Applicant

8.2 Applicant Responsibilities

8.3 Extension of Service Date

9. Subsequent Requirements When New

Facilities Are Needed

9.1 Application Notification

9.2 System Impact Study

9.3 Applicant Responsibility and

Remedies

9.4 Due Diligence in Completion of

Facility Modifications

9.5 Coordination of Third Party System

Additions

10. Electronic Bulletin Board

11. Scheduling

11.1 General Conditions

11.2 Customer Responsibility for Third

Party Arrangements

11.3 Flexible Point(s) of Interconnection

and Delivery

11.4 Due Diligence

12. Priority of Service and Interruptions

12.1 Service Priority

12.2 Bonneville Responsibilities

12.3 Interruption of Service

13. Service Agreements

13.1 Requirement for A Signed Service

Agreement

13.2 Modification or Amendment of The

Service Agreement

13.3 Commencement of Service in

Absence of Signed Service Agreement

13.4 Customer Obligations in Absence of

Signed Service Agreement

13.5 Obligations on Acceptance of

Service

14. Billing

15. Records

15.1 Recordkeeping Obligations

15.2 Customer’s Right to Examine

Records

16. Liability and Indemnification

16.1 Western Interconnected Systems

Agreement

16.2 No Western Interconnected Systems

Agreement

17. Sale or Assignment of Network

Transmission Service

18.1 Right to Assign or Transfer

18.2 Liability for Performance

18. Creditworthiness

19. Procedures to Resolve Network

Transmission Complaints

20. Regulation

Bonneville Power Administration

Point-to-Point (PTP) Firm Network

Transmission Service Tariff

The Bonneville Power Administration

(Bonneville) will provide Point-to-Point

(PTP) Firm Network Transmission

Service to Eligible Customers pursuant

to the terms and conditions of this

Tariff.

1. Definitions

1.1 Applicant

An Eligible Customer who submits a

completed Application.
Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Notices 12925

1.2 Application

A written request by an Eligible

Customer for PTP Firm Network

Transmission Service submitted to

Bonneville which satisfies the

provisions of this Tariff, including

provisions of section 5.2.

1.3 Commission

The Federal Energy Regulatory

Commission or its successor.

1.4 Control Area

The set of generating units, electrical

loads, and transmission facilities

managed and overseen by a utility that

is responsible for matching generation

with such loads on an instantaneous

basis.

1.5 Customer

An Eligible Customer that has

executed a Service Agreement for

Network PTP Transmission Service

pursuant to this Tariff or is receiving

service under a proposed Service

Agreement.

1.6 Delivering Party

The entity supplying the electric

energy to be transmitted over

Bonneville’s Network PTP Transmission

System Facilities.

1.7 Direct Assignment Facilities

Transmission facilities which are not

an integral part of, and do not support,

Bonneville’s Network PTP Transmission

System Facilities and that are

constructed by Bonneville to satisfy an

Application under this Tariff, and

whose costs Bonneville may recover

directly from the Customer as provided

in the PTP Firm Network Transmission

rate schedules (PT–95), or its successor.

1.8 Effective Date

The date upon which Bonneville and

an Eligible Customer execute a Service

Agreement in accordance with the terms

and conditions of this Tariff.

1.9 Eligible Customer

A private or public corporation,

governmental agency or authority, joint

action agency, municipality, rural

electric membership corporation or

cooperative, person, or any lawful

association of the foregoing, which

engages in the generation, transmission,

or distribution of electric energy at

wholesale or retail and which will rely

on Bonneville’s Network PTP

Transmission System Facilities to

transmit power from a control area or

resource to another control area for the

purpose of satisfying the commercial

transmission needs of the customer.

Bonneville’s direct service industrial

customers on the effective date of this

Tariff shall be considered Eligible

Customers. Other than Bonneville’s

direct service industrial customers, and

Eligible Customer shall not include any

entity for which the Commission is

prohibited under Sections 212 (g) and

(h) of the Federal Power Act (FPA) from

ordering the provision of transmission

service. A power marketing entity

(marketer) will be considered to be an

Eligible Customer only to the extent that

it requests service to deliver capacity or

energy that will be purchased by an

Eligible Customer.

1.10 Good Utility Practice

Any of the practices, methods, and

acts engaged in or approved by a

significant portion of the electric utility

industry during the relevant time

period, or any of the practices, methods,

and acts which, in the exercise of

reasonable judgment in light of the facts

known at the time the decision is made,

could have been expected to produce

the desired result at the lowest cost

consistent with good business practices,

reliability, safety, and expedition. Good

Utility Practice is not intended to be

limited to the optimum practice,

method, or act to the exclusion of all

others, but rather to be a range of

acceptable practices, methods, or acts.

1.11 Incremental Cost

The increase in Network PTP

Transmission System Facilities revenue

requirements incurred by Bonneville in

providing the Customer’s share of

Network Upgrades which are required

to provide Network Transmission

Service as determined in a separate

ratemaking process pursuant to Section

7(i) of the Northwest Power Act (16

U.S.C. § 839e(i)).

1.12 Native Load Customers

Those wholesale and direct service

industrial power sale customers, other

than Network Integration Service

Customers, on whose behalf Bonneville,

by statute, or contract, has undertaken

an obligation to plan, construct, and

operate its electric system to provide

reliable electric service.

1.13 Network PTP Transmission

System Facilities

The Integrated Network segment of

the Federal Columbia River

Transmission System operated by

Bonneville.

1.14 Network PTP Transmission

Service

Firm transmission service provided

pursuant to this Tariff and an executed

Service Agreement at 60 hertz,

alternating current, three phase, over the

Network PTP Transmission System

Facilities.

1.15 Network Upgrade

Upgrades to transmission-facilities

that are integrated with and support the

Network PTP Transmission System

Facilities and are constructed by

Bonneville to satisfy, at least in part, an

Application.

1.16 Opportunity Costs

Net loss of revenue or the net increase

in generation cost caused by displacing

one transaction with another when the

transmission system is so constrained

that both transactions cannot be

handled at the same time. Opportunity

costs do not include any loss of revenue

resulting from competition, or foregone

revenues from purchase and resale

transactions to serve other than Native

Load Customers or Network Load. or

foregone revenues from purchase and

resale transactions.

1.17 Point(s) of Delivery

Point(s) on Bonneville’s Network PTP

Transmission Facilities where

Bonneville is interconnected with the

Receiving Party or the Receiving Party’s

authorized agent and where Bonneville

can deliver power transmitted pursuant

to a Service Agreement.

1.18 Point(s) of Interconnection

Point(s) on Bonneville’s Network PTP

Transmission System Facilities where

Bonneville is interconnected with the

Delivering Party or the Delivering

Party’s authorized agent and where

Bonneville can receive power

transmitted pursuant to a Service

Agreement.

1.19 Receiving Party

The entity receiving the electric

energy to be transmitted over

Bonneville’s Network PTP Transmission

System Facilities.

1.20 Reservation Charge

The charge the Customer must pay to

reserve capacity for future use as

described in the Point-to-Point (PT–95)

Transmission Rate or its successor in

Appendix A.

1.21 Service Agreement

The initial agreement and any

supplements or amendments thereto

entered into by the Customer and

Bonneville in order to initiate service

under this Tariff.

1.22 Study Agreement

An agreement under which

Bonneville would agree to conduct a
12926 Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Notices

System Impact Study, and the Customer

would agrees to compensate Bonneville

in advance for the cost of conducting

the System Impact Study.

1.23 System Impact Study

An assessment by Bonneville to

determine whether sufficient

transmission capacity exists to provide

the requested transmission service

initially and for the term of the request.

The assessment study results shall

include the cost, environmental review,

and scheduled completion date for such

modifications, which may be

determined to be required in order to

provide a requested Network PTP

Transmission Service.

1.24 Transmission Demand

The maximum hourly amount of

electric power that Bonneville agrees to

transmit for the Customer over

Bonneville’s Network PTP Transmission

System Facilities between the Point(s) of

Interconnection and the Point(s) of

Delivery. Transmission Demand shall be

expressed in terms of whole megawatts

on a 60-minute interval (commencing

on the clock-hour) basis.

2. Character and Availability of Service

2.1 Nature of Service

PTP Firm Network Transmission

Service is a service that permits Eligible

Customers to serve Customer load or

transactions with third parties. The

service provides firm transmission

capacity to Eligible Customers from one

control area to another through Points of

Interconnection and Points of Delivery.

This service also permits nonfirm

wheeling through ‘‘Secondary’’ Points of

Interconnection and Delivery.

2.2 Term of Service

PTP Firm Network Transmission

Service is available for a minimum of 1

month.

2.3 Service Agreement Requirements

A Service Agreement must be

executed prior to the commencement of

service under this Tariff except as

provided in section 13.4.

2.4 Control Area Requirements

As a condition to obtaining Network

PTP Transmission Service, the

Customer shall: (i) operate as a Control

Area under applicable guidelines of the

North American Electric Reliability

Council (NERC), the Western Systems

Coordinating Council (WSCC) the

Western Systems Coordinating Council

(WSCC), and the Northwest Power Pool

(NWPP); or (ii) satisfy its responsibility

to be operated as a Control Area by

contract with Bonneville pursuant to

section 2.5; or (iii) by contract with

another entity which Bonneville accepts

as sufficient to satisfy NERC, WSCC,

WSCC, and NWPP requirements.

Bonneville shall not unreasonably

refuse to accept contractual

arrangements with another entity for

such service.

2.5 Ancillary Services

This Tariff constitutes an offer to

provide only Network PTP

Transmission Service. Bonneville

commits either to provide the Customer

with services necessary for it to take

Network PTP Transmission Service

under this Tariff or to cooperate with

the Customer so that the Customer can

utilize its own resources or the

resources of third parties to provide

such services. Such services if provided

by Bonneville are offered on a not

unduly discriminatory basis, subject to

resource, engineering, and reliability

limitations.

3. Interconnection and Interchange

3.1 Designation of Transmission

Demand, Point(s) of Interconnection,

and Point(s) of Delivery

The Transmission Demand, Point(s) of

Interconnection, and Point(s) of

Delivery shall be as set forth in the

Service Agreement. The Points of

Interconnection and Delivery so

designated in the Service Agreement are

the ‘‘Primary’’ Points of Interconnection

and Delivery. The total Transmission

Demand shall be equal to the sum of the

Transmission Demands at all Points of

Interconnection which shall equal the

sum of the Transmission Demands at all

Points of Delivery.

3.2 Bonneville Responsibility

Bonneville shall deliver the capacity

and energy required from Point(s) of

Interconnection to Point(s) of Delivery

as pursuant to the Service Agreement up

to the Transmission Demand.

3.3 Metering

Electric capacity and energy

transmitted under this Tariff shall be

measured as appropriate by metering

equipment provided by Bonneville and

the Customer at such points and

voltages as set forth in the Service

Agreement.

3.4 Third Party Arrangements

The Customer need not be directly

interconnected with Bonneville, but

shall make any and all necessary

arrangements for the delivery of power

to the Point(s) of Interconnection and

receipt from the Point(s) of Delivery,

and Bonneville shall have no

responsibility for such arrangements.

The Customer shall furnish Bonneville

with such necessary and appropriate

information with respect to such

arrangements as shall permit Bonneville

to carry out its responsibilities under

this Tariff. The Customer shall be

responsible for resolution of operating

problems and for making and arranging

any necessary engineering, permitting,

construction, and regulatory approval of

transmission or distribution facilities on

third party electric systems related to

any transactions provided under this

Tariff and for the costs associated with

resolving those problems.

4. Rates

4.1 Transmission Charge

Payment hereunder shall be

calculated pursuant to the rates and

formulae in Appendix A, the PTP Firm

Network Transmission rate (PT–95) or

its successor.

4.2 Dual Transmission Charge

Where the installation of Network

Upgrades does not fully eliminate a

constraint, the Transmission Demand

Charge shall be treated as two

transactions for payment purposes, with

the portion of the Transmission Charge

for which the construction of Network

Upgrades will eliminate the constraint

priced in accordance with section IV.D.

of PT–95 or its successor in Appendix

A, and the residual portion of the

Transmission Charge for which a

constraint is not eliminated by the

Network Upgrades priced in accordance

with section II of PT–95 or its successor

in Appendix A. The Transmission

Charge and the Dual Transmission

Charge are mutually exclusive charges.

Bonneville may charge one or the other,

but not both.

4.3 Direct Assignment Facilities

In addition to the payments made

pursuant to sections 4.1 or 4.2 above,

payment shall be made to Bonneville for

the cost incurred by Bonneville for

providing any Direct Assignment

Facilities. The calculation of the

Customer’s monthly payment for Direct

Assignment Facilities shall be in

accordance with PT–95 or its successor

in Appendix A.

4.4 Termination Charge

The Customer shall pay an

appropriate charge to cover the costs of

facilities added for the benefit of the

customer under this Tariff the Service

Agreement if the Customer terminates

Network PTP Transmission Service

prior to the termination date of the

Service Agreement. The Customer shall

receive a credit for any mitigation

provided by the facilities to the Network
Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Notices 12927

PTP Transmission System revenues

subsequently received by Bonneville for

use of such facilities.

4.5 Reservation Charge

The Customer may pay a Reservation

Charge pursuant to PT–95 or its

successor in Appendix A, to preserve its

priority for service with respect to other

Applicants and Customers.

4.6 Transmission Losses

Transmission losses shall be

determined on the basis of average

estimated system losses. The Customer

shall compensate Bonneville for losses

by either providing additional energy to

compensate for losses associated with

the scheduled capacity or by buying

losses from Bonneville in accordance

with the Firm Power Products and

Services (FPS–95) rate schedule or its

successor in Appendix A.

4.7 Reactive Charge

The Customer shall pay for reactive

power necessary to provide

transmission services under this Tariff

pursuant to the PTP Firm Transmission

rate (PT–95) or its successor.

4.8 Control Area Services Charge

If a Customer elects to purchase

Control Area services from Bonneville

pursuant to the Ancillary Services in

section 2.5, the Customer shall pay for

such services pursuant to the FPS–95

rate schedule or its successor.

4.9 Revision to Rates, Charges, and

Loss Factors

Bonneville may periodically revise

rates, charges, and transmission loss

factors and apply such revisions to its

Service Agreements.

4.10 Commencement of Service

Within 30 days of the receipt of notice

from Bonneville that service can

commence, the Customer shall

commence paying the Transmission

Charge or Dual Transmission Charge

and any other rates or charges required

by section 4 hereof. Failure to do so will

result in forfeiture by the Customer of

all deposits and security and require

immediate payment of any cost incurred

by Bonneville to furnish the requested

Network PTP Transmission Service; and

the Customer’s Application will no

longer be considered valid or pending.

5. Initiating Service

5.1 Conditions Precedent for Receiving

Service

Subject to the terms and conditions of

this Tariff, Bonneville shall provide

Network PTP Transmission Service over

the Network PTP Transmission System

Facilities to any Eligible Customer,

provided that: (i) the Eligible Customer

has completed an Application for

Network PTP Transmission Service as

provided below in section 5.2; (ii) the

Eligible Customer and Bonneville have

completed the technical arrangements

set forth in section 9.4 below; and (iii)

the Eligible Customer has executed a

Service Agreement.

5.2 Application Procedures

For transactions of 1 month up to 1

year an Eligible Customer requesting

service under this Tariff must submit a

completed application to: Bonneville

Power Administration, Attention:

Manager, Short-Term Contracts; P.O.

Box 491; Vancouver, Washington,

98666–0491.

For transactions of 1 year or more an

Eligible Customer requesting Service

under this Tariff must submit a

completed Application to: Bonneville

Power Administration, Attention:

Manager, Transmission Business;

Bonneville Power Administration; P.O.

Box 3621; Portland, Oregon, 97208–

3621. In order for an Application

hereunder to be considered a ‘‘good

faith request’’ for transmission service

in accordance with the provisions of

Section 213 of the FPA, the Application

must contain the following information:

(a) The identity, address, and

telephone number of the Applicant

requesting a Network PTP Transmission

Service;

(b) A statement that the entity

requesting Network PTP Transmission

Service hereunder is, or will be upon

commencement of service, an Eligible

Customer under this Tariff.

(c) The name and title of the contact

person for the Applicant.

(d) The identity of the Delivering

Party and the identity of the Receiving

Party;

(e) The Primary Point(s) of

Interconnection and the Primary

Point(s) of Delivery;

(f) The proposed dates for initiating

and terminating PTP Transmission

Service hereunder;

(g) The Transmission Demand,

expected load profile and load

characteristics;

(h) The identity of the initial source

of the power to be transmitted pursuant

to the Application; and

(i) The identity of the Control Area in

which the ultimate consumer of power

is located.

Bonneville will notify the Applicant

of receipt of the Application within 10

days of receipt. Bonneville reserves the

right to ask for additional information

necessary to determine the availability

of transmission capacity and reliability

impacts.

5.3 Notice of Deficient Application

If an Application fails to meet the

requirements of this Tariff, Bonneville

shall notify the party requesting service

within 10 days of receipt of the

Application of the reasons for such

failure. Bonneville will attempt to

remedy minor deficiencies in the

Application through informal

communications with the Eligible

Customer. If such efforts are

unsuccessful, Bonneville shall return

the Application. Upon receipt of a new

or revised Application that fully

complies with the requirements of this

Tariff, the Eligible Customer shall be

assigned a new priority consistent with

the date of the new or revised

Application.

5.4 Identity of Ultimate Consumer

The Applicant may be required to

identify the ultimate consumer of the

power to be transmitted if such

information is necessary for Bonneville

to determine, pursuant to section 7

hereof, whether adequate transmission

capacity will be available on its

Network PTP Transmission System

Facilities to provide the service initially

and for the full term of the transaction

requested by the Applicant. If the

Applicant objects to a request by

Bonneville under sections 5.3 or 5.4 that

it provide the name of the ultimate

consumer, then Bonneville shall have

the right to seek an order from the

Commission allowing Bonneville to

require the Applicant to provide

Bonneville with the identity of the

ultimate consumer and the parties

cannot otherwise resolve their

differences, the Applicant may proceed

under the provisions of section 19.

5.5 Mutually Exclusive Applications

for Same Service

In order to determine whether

Applications for Network PTP

Transmission Service hereunder are

duplicative or mutually exclusive of

Applications filed by other parties,

Bonneville may request further

information, including, by way of

illustration, a statement as to whether

the Application is being made in

response to a competitive solicitation. If

certain requests for Network PTP

Transmission Service give Bonneville a

reasonable basis to believe that such

requests are mutually exclusive,

Bonneville may ask the Applicant

making such a request to identify the

ultimate purchaser of power and, if

appropriate under the circumstances,

Bonneville may contact the ultimate
12928 Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Notices

purchaser to determine whether the

Applications are mutually exclusive.

Should Bonneville confirm that

particular Applications hereunder are

mutually exclusive (e.g., the ultimate

purchaser will buy from one but not all

of the Eligible Customers who have

submitted Applications), Bonneville

reserves the right to process all such

Applications as though they were a

single Application.

5.6 Applications Filed By Bonneville

Applications filed by Bonneville

pursuant to section 6.2 hereof.

Bonneville will file applications for firm

service to serve its own firm commercial

transactions which do not constitute

service to Native Load Customers. Such

applications will be treated in the same

manner as any Application under this

Tariff and assigned a priority for

determining transmission capacity

availability according to the provisions

set forth in section 7.1.

6. Priority of Requests

All requests for Network PTP

Transmission Service and all other

requests for firm transmission service,

other than service to Native Load

Customers and to Network Load of

Network Integration Service Customers,

shall be evaluated. Priority shall be

determined on a first-come, first-served

basis based on the date when Bonneville

receives an executed Service

Agreement, after meeting the obligations

listed in section 8.2.

7. Capacity Availability and Expansion

Obligations

7.1 Determination of Capacity

Availability

Upon receiving a complying

Application hereunder, Bonneville will

determine the requirements, if any, to

interconnect the Applicant with

Bonneville’s electric system and

whether adequate capacity will be

available on Bonneville’s Network PTP

Transmission System Facilities to

provide the service initially and for the

full term of the transaction requested by

the Applicant. Such determination will

be made as soon as possible, not to

exceed 60 days from the date of

interconnection, unless the number or

complexity of Applications reasonably

requires additional time. If additional

time is required, Bonneville shall notify

the Applicant on a timely basis and

provide an estimate of the time needed

to reach a final determination. If

Bonneville determines that adequate

capacity will be available on its

Network PTP Transmission System

Facilities to provide service for the

highest priority Application, and subject

to the requirements of the National

Environmental Policy Act or any other

applicable environmental laws,

Bonneville will notify the Applicant

and tender a Service Agreement

pursuant to section 8.

7.2 Conditions on Capacity

Availability

In determining whether adequate

capacity will be available on its

Network PTP Transmission System

Facilities for the requested service both

initially and for the full term of the

requested transaction, Bonneville shall

determine if capacity is available in

excess of that required to accommodate:

(1) the existing and forecasted loads of

its Native Load Customers; (2)

Bonneville’s other customers to whom

Bonneville has preexisting contractual

obligations commitments for firm

wholesale purchases, exchanges,

deliveries, and sales; and (3) existing

contractual, statutory, and regulatory

commitments for firm transmission

service; any existing contractual

commitments providing for

hydroelectric system coordination or

forced outage reserves, as well as (4)

transmission capacity reserved for

reliability, regulation, and inadvertent

flows based on Bonneville’s historical

use or planned use for such purposes;

and (5) delivery of Federal and Network

Integration Service Customers’

hydroelectric power in times of actual

or threatened spill. In making such

determination, Bonneville shall use the

WSCC’s and Bonneville’s ‘‘Reliability

Criteria for Network PTP Transmission

System Planning.’’ Bonneville shall not

take into consideration any other

pending Application of lower priority

for Network PTP Transmission Service.

Network PTP Transmission Service

shall also be subject to Good Utility

Practice in order to take into account the

physical characteristics and constraints

on Bonneville’s Network PTP

Transmission System Facilities.

7.3 Partial Capacity Availability

If Bonneville determines to provide

the requested service but that it will not

have adequate capacity available on its

Network PTP Transmission System

Facilities to satisfy the full amount of

the requested service, Bonneville will

allow the Applicant to either: (a) sign a

Service Agreement pursuant to section 8

hereof for the amount of Network PTP

Transmission Service that can be

provided immediately, and receive for

the remainder of the requested service

pursuant to section 9 hereof after the

necessary facility upgrades and

modifications have been installed; (b)

sign a Service Agreement pursuant to

section 8 hereof for the amount of

Network PTP Transmission Service that

can be provided immediately and

withdraw the Application for the

remainder of the service; (c) sign a

Service Agreement to receive all the

requested Network PTP Transmission

Service pursuant to section 9 hereof

after the necessary facility modifications

are completed; or (d) withdraw the

Application for Network PTP

Transmission Service.

7.4 Withdrawal of Application or

Failure to Execute Service Agreement

Should an Applicant withdraw all or

part of its Application, or should an

Applicant fail to execute a Service

Agreement within the required time

period provided in section 8.2, except as

otherwise provided in section 13.4,

Bonneville will reevaluate whether

capacity is available on the Network

PTP Transmission System Facilities

which would satisfy any other

Applications which could utilize such

Network PTP Transmission System

capacity and which had a lower priority

than the withdrawn Application.

Bonneville shall reevaluate such lower

priority Applications in the order of

their assigned priority. Should

Bonneville determine that additional

Network PTP Transmission System

Facilities capacity is available for any

Customer submitting a lower priority

Application, Bonneville shall allow

such Customer an option, to be

exercised within 10 days to execute or

to modify its Service Agreement shall

offer such Customer a Service

Agreement, pursuant to the provisions

of this Tariff, to reflect the availability

of such additional Network PTP

Transmission System capacity.

7.5 Responsibility of Parties for

Network PTP Transmission Facilities

Modification

Where a determination is made by

Bonneville that an Application for

Network PTP Transmission Service

pursuant to this Tariff will require

modifications to the Network PTP

Transmission System Facilities, or when

an Applicant requests specific upgrades,

Bonneville commits to use due

diligence consistent with its statutory

environmental obligations to make such

modifications to the Network PTP

Transmission Facilities within a

reasonable time; provided, however,

that the Applicant agrees to compensate

Bonneville for the costs, determined

pursuant to section 4 of all

modifications to the Network PTP

Transmission System Facilities

reasonably required to provide such
Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Notices 12929

service. Bonneville will not increase or

upgrade the capacity of its existing or

planned transmission facilities in order

to provide service under this Tariff if

doing so would unduly impair system

reliability or otherwise jeopardize

service to its Native Load Customers

and or other Customers to whom

Bonneville has a preexisting contractual

obligation. Unless otherwise agreed to

by Bonneville and the Customer,

Bonneville will own any additional

electrical facilities or upgrades

constructed pursuant to this Tariff. The

Customer shall cooperate with

Bonneville in the construction of any

required facilities and shall take all

reasonable steps to assist Bonneville in

obtaining any necessary permits,

authorizations, and rights-of-way.

8. Subsequent Requirements Where No

New Facilities Are Needed

8.1 Notification of Applicant

When, pursuant to section 8 hereof,

Bonneville determines that adequate

capacity and facilities will be available

on its electric system to provide the

requested service initially and for the

full term of the transaction requested,

Bonneville shall so notify the Applicant

in writing and tender a Service

Agreement as soon as possible, not to

exceed 30 days thereafter, to the

Applicant.

8.2 Applicant Responsibilities

Within 30 days, unless otherwise

agreed, after receipt of such Service

Agreement, the Applicant must either:

(a) execute the Service Agreement; (b)

withdraw its Application; or (c) inform

Bonneville that the Service Agreement

is unacceptable as tendered and request

that Network PTP Transmission Service

commence pursuant to section 134.

Failure to take any one of the foregoing

actions within such 30 days, unless

otherwise agreed, will be deemed to be

a withdrawal of the Application.

Nothing herein limits the right of the

Applicant to file another Application for

Network PTP Transmission Service

immediately upon such withdrawal.

8.3 Extension of Service Date

A Customer that has entered into a

contract with an Eligible Utility for the

sale, purchase, or exchange of capacity

and/or energy or provides Bonneville

with sufficient evidence that such a sale

is likely to be consummated, can reserve

capacity by paying a Reservation Charge

specified in section W of the

Adjustments, Charges, and Special Rate

Provisions.

9. Subsequent Requirements When New

Facilities Are Needed

9.1 Applicant Notification

When, pursuant to section 9 hereof,

Bonneville determines that an

Application will require initially, or

during the term of the transaction,

Network Upgrades and/or Direct

Assignment Facilities; in order to either

provide the required Network PTP

Transmission Service or to interconnect

the Applicant to Bonneville’s electric

system, at the earliest possible date, not

to exceed 60 days of receipt of the

Application, Bonneville shall inform the

Customer, in writing, of the requirement

to perform a System Impact Study, and

shall tender a Study Agreement.

9.2 System Impact Study

Upon receipt of the executed Study

Agreement, Bonneville shall commence

the System Impact Study. Upon

completion of the System Impact Study,

Bonneville will present the results,

including workpapers, to the Applicant.

If Bonneville determines that

construction of such facilities is feasible

and consistent with its environmental

obligations, it shall and tender a Service

Agreement under which the Applicant

would agree to receive service upon

completion of the facility modifications

and to fully compensate Bonneville for

the facility modifications, pursuant to

section 4 herein.

9.3 Applicant Responsibility and

Remedies

For the Application to remain valid

and pending, within 90 days of the

receipt of the System Impact Study and

the Service Agreement, the Applicant

must execute the Service Agreement. In

order to protect Bonneville against the

risk of nonpayment by the Applicant for

the facility modifications, the Applicant

and Bonneville shall negotiate

reasonable security provisions

acceptable to both parties. If Bonneville

and the Applicant are unable to reach

agreement on the amount and form of

the security provisions, then the

Applicant may proceed under the

provisions of section 19.

9.4 Due Diligence in Completion of

Facility Modifications

Upon receipt of the executed Service

Agreement and the associated security

provisions, Bonneville shall use due

diligence to complete the necessary

modifications within a reasonable time.

Bonneville shall give the Customer 90

days written notice prior to the

projected completion of the facility

modifications. Promptly upon

completion of such modifications,

Bonneville shall notify the Customer in

writing that service can commence.

Service shall commence pursuant to

section 4.8.

9.5 Coordination of Third Party

System Additions

Where the need for Network Upgrades

or Direct Assignment Facilities are

identified, and such upgrades require

the addition of transmission facilities on

other system(s), Bonneville shall have

the right to coordinate construction on

its own system with the construction

required by other(s). Bonneville, after

consultation with the Customer and

representatives of such other system(s),

may defer construction of new

transmission facilities on its own system

pending the resolution of obstacles to

the timely completion of new

transmission facilities on other

system(s) needed to provide the

requested service.

10. Electronic Bulletin Board

Bonneville shall cooperate with

Customers and utilities who are

members of the WSCC to develop an

electronic bulletin board that is

compatible with and useful to all WSCC

members. The purpose of the electronic

bulletin board is to make known to

users the available transmission

capacity and any proposals to increase

that capacity.

11. Scheduling

11.1 General Conditions

All capacity and energy to be

transmitted by Bonneville hereunder

shall be scheduled in advance pursuant

to the terms of the Service Agreement

and will reflect the procedures used by

Bonneville in scheduling its own

transactions. Bonneville will make

schedule changes on short notice if

reasonably practicable. The Customer

shall provide written notification to

Bonneville identifying all systems

involved in the transaction and

authorizing such systems to schedule all

capacity and energy to be transmitted by

Bonneville pursuant to the Service

Agreement on behalf of the Receiving

Party at the Point of Delivery or the

Delivering Party at the Point of

Interconnection.

11.2 Customer Responsibility for Third

Party Arrangements

Any arrangements necessary for

scheduling power flows on third party

electric systems, including

compensation for any associated costs,

losses, or parallel flows on such

systems, shall be the responsibility of

the Customer requesting service.
12930 Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Notices

11.3 Flexibility Point(s) of

Interconnection and Delivery

As an alternative to receiving service

from Primary Points of Interconnection

to Primary Points of Delivery, the

Customer may request Bonneville to

provide nonfirm Network PTP

Transmission Service between

interconnection and delivery points

other than those specified in the Service

Agreement (‘‘Secondary Points of

Interconnection and Delivery’’), in

amounts not to exceed its Transmission

Demand, without incurring any

additional charges, executing a new

Service Agreement, or affecting its

priority at Primary Points of

Interconnection and Delivery. Service

provided between Secondary Points of

Interconnection and Delivery will be

nonfirm only, on a capacity available

basis and will not displace any firm or

nonfirm service of higher priority

previously scheduled by third parties or

by Bonneville on behalf of its Native

Load Customers and other customers to

whom Bonneville has a preexisting

contractual obligation and subject to

higher priority schedules to: (1) serve

Bonneville’s Native Load; (2) serve

Network Integration Service network

load; and (3) deliver Federal and

Network Integration Service

hydroelectric power subject to spill or

threatened spill.

11.4 Due Diligence

Bonneville and the Customer shall

exercise due diligence and reasonable

care and foresight in arranging for and

operating their respective sources of

supply and other facilities so that

scheduled amounts of capacity and

energy shall be delivered in accordance

with section 12.1.

12. Priority of Service and Interruptions

12.1 Service Priority

Unless otherwise specified in the

Service Agreement all service provided

hereunder from Primary Points of

Interconnection to Primary Points of

Delivery shall have priority over

nonfirm transmission service, including

that which Bonneville provides itself

and which otherwise has not been

appropriately reserved by Bonneville in

the Service Agreement to serve the

needs of Native Load Customers or

Network Integration Service Customers

or to avoid spill of Federal or Network

Integration Service hydroelectric power.

12.2 Bonneville Responsibilities

Bonneville will use due diligence to

furnish the firm Network PTP

Transmission Service available under

this Tariff, but it does not guarantee

uninterrupted transmission of electric

energy or capacity. To the extent

practicable, Bonneville will provide

reasonable advance notice to the

Customer of any scheduled

interruptions, reductions, or other

impairments of the Network PTP

Transmission Service as specified in the

individual Service Agreement.

12.3 Interruption of Service

Any interruption of service will not

be on an unduly discriminatory basis as

between Bonneville and similarly

situated Customers.

13. Service Agreements

13.1 Requirement for a Signed Service

Agreement

Subject only to the provisions of

section 14.43 herein, Bonneville is

obligated to provide Network PTP

Transmission Service under this Tariff

only to Customers that have signed a

Service Agreement with Bonneville for

the requested service. The Service

Agreement shall contain a statement of

service specifications, including

without limitation, the amount of

Transmission Demand; the term of such

service; identification of Primary

Point(s) of Interconnection, Primary

Point(s) of Delivery, Delivering Party,

Receiving Party; the rates and charges

for such service, and where applicable,

the cost of necessary facilities, including

Direct Assignment Facilities and an

appropriate allocation of Network

Upgrades.

13.2 Modification or Amendment of

the Service Agreement

Any request to modify Primary Points

of Interconnection and/or Delivery or to

increase the Transmission Demand will

be analyzed in the same manner as a

new Application, except that the

Customer will not be obligated to pay

any additional reservation fee if the

additional transmission Demand does

not exceed the Transmission Demand in

the existing Service Agreement. While

such new request is pending, the

Customer shall retain its priority for

service at the existing Primary Points of

Interconnection and Delivery. If

Demand is not available then the

request will receive a service priority

pursuant to section 8.

13.3 Commencement of Service in

Absence of Signed Service Agreement

If Bonneville and an Applicant cannot

agree on the terms of the Service

Agreement, Bonneville may provide the

requested service if Demand

transmission capacity is available, as

soon as reasonably practicable after

receipt of a valid Application for

transmission, subject to Good Utility

Practice. Such service will be provided

under terms and conditions deemed

appropriate by Bonneville for the

requested service. Bonneville will

provide the requested service under

terms and conditions ultimately

determined by the Commission to be

appropriate under Sections 211 and 212

of the FPA, within the constraints

imposed by engineering and reliability

limitations.

13.4 Customer Obligations in Absence

of Signed Service Agreement

Notwithstanding any other provision

of this Tariff, Bonneville is not obligated

to provide Network PTP Transmission

Service to a Customer until such

Customer provides Bonneville with a

binding written commitment to pay for

any facility modifications determined

by Bonneville under section 8 hereof to

be reasonably necessary to provide the

requested services.

13.5 Obligations on Acceptance of

Service

Acceptance of service by the

Customer pursuant to a Service

Agreement filed under this Tariff

commits the Customer both to the

provisions of this Tariff and to the terms

of the individual Service Agreement.

14. Billing

Bonneville shall bill in accordance

with the billing information in the

current General Rate Schedule

Provisions, Appendix A or successor, or

as they may from time to time be revised

receipt.

15. Records

15.1 Recordkeeping Obligations

Bonneville and the Customer shall

keep such records as may be needed to

afford a clear history of all transactions

under this Tariff and associated Service

Agreement. The originals of all such

records shall be retained for a minimum

of 2 years plus the current year (or such

longer period as may be appropriate)

and copies shall be delivered to the

other party on request.

15.2 Customer’s Right to Examine

Records

The Customer shall have the right,

during normal business hours, to

examine the accounting and other

records for the last 2 calendar years

relating to its transactions under this

Tariff and shall have the right to make

such audits and copies of records as it

shall deem necessary or desirable. Such

examinations shall be at the Customer’s

expense. Such audit shall be conducted
Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Notices 12931

no more frequently than once every 2

years.

16. Liability and Indemnification

16.1 Western Interconnected Systems

Agreement

If an Applicant is a party to the

Western Interconnected Systems

Agreement Limiting Liability, such

agreement shall continue in full force

and effect as between the parties to the

extent that such provisions may apply

to the transactions contemplated by this

Tariff.

16.2 No Western Interconnected

Systems Agreement

If an Applicant is not a party to the

Western Interconnected Systems

Agreement Limiting Liability, and there

is no other agreement on file with the

Commission governing liability and

indemnification between Bonneville

and the Applicant, then, in such event,

additional provisions for protection of

electric generation facilities or

transmission facilities and liability and

indemnification may be required. Such

additional provisions shall be set forth

in the Applicant’s Service Agreement.

17. Sale or Assignment of Network PTP

Transmission Service

17.1 Right to Sell, Assign or Transfer

Subject to the approval of Bonneville,

a Customer may sell, assign, or transfer

all, or a portion of, its rights under the

Service Agreement executed pursuant to

this Tariff, but only to an entity that

qualifies as an Eligible Customer. If the

second Customer so purchasing or

taking an assignment does not request

any change in the Primary Point(s) of

Delivery of or Primary Point(s) of

Interconnection, subject to section

14.32, or a change in any other material

term or condition set forth in the

original Service Agreement, the second

Customer will receive the same service

as the first Customer. If the second

Customer requests a change in any

material term or condition set forth in

the original Service Agreement,

Bonneville will consent to such change

subject to the provisions of section 14

herein, but only if to do so will not

unduly impair the operation and

reliability of Bonneville’s generation, or

transmission, or distribution systems,

and on the condition that the second

Customer agrees to compensate the

Customer Bonneville for any additional

costs resulting from such change. The

Customer that received the assignment

shall assume responsibility for

scheduling. The Customer making the

assignment shall continue to have

responsibility for compliance with the

Service Agreement including making

payment to Bonneville.

17.2 Liability for Performance

The Customer that received the

assignment shall assume responsibility

for scheduling. The original Customer

shall remain liable for the performance

of all other obligations under the

Service Agreement including making

payment to Bonneville, except as

specifically agreed to by the parties

through an amendment to the Service

Agreement. Bonneville will amend the

Service Agreement only if the assignee:

(a) meets the creditworthiness criteria of

section 19; and (b) agrees to compensate

Bonneville for Direct Assignment

Facilities, and allocated Network

Upgrades and costs resulting from

changes in service; and (c) provides

security equivalent to that provided by

the original Customer.

18. Creditworthiness

For the purpose of determining the

ability of the Customer to meet its

obligations related to service hereunder,

Bonneville may require reasonable

credit review procedures which may

include, but shall not be limited to,

verification that the Customer is not

operating under any State or Federal

bankruptcy laws, is not subject to the

uncertainty of pending liquidation or

regulatory proceedings in State or

Federal courts, and no significant

collection lawsuits or judgments are

outstanding which would seriously

reflect upon the Customer’s ability, in

Bonneville’s determination, to remain

solvent. In addition, Bonneville may

require the Customer to provide and

maintain in effect during the term of the

Service Agreement, an unconditional

and irrevocable letter of credit as

security to meet its responsibilities and

obligations under this Tariff or an

alternative form of security proposed by

the Customer and acceptable to

Bonneville that protects Bonneville’s

Native Load Customers against the risk

of nonpayment. Any disputes over the

terms of such security arrangements

shall be subject to the provisions of the

Tariff.

19. Procedures to Resolve Network

Transmission Complaints

Any complaint arising from an

Application hereunder may be resolved,

at the Customer’s discretion, by either:

(a) A voluntary dispute resolution

process, which may include mediation

or arbitration or both, pursuant to the

terms of a regional transmission

association governing agreement which

both parties have executed, or such

other dispute resolution rules as may be

agreed to by Bonneville and the

Customer; and

(b) A transmission complaint filed

with the Commission.

20. Regulation

Service under this Tariff is subject to

all existing or future applicable local,

State, and Federal laws and to all

existing or future duly promulgated

orders and actions of governmental

authorities having jurisdiction over the

matters contained herein.

Proposed Bonneville Power Administration

Energy Transmission Service Tariff

Table of Contents

1. Definitions

1.1 Applicant

1.2 Application

1.3 Commission

1.4 Control Area

1.5 Customer

1.6 Delivering Party

1.7 Eligible Customer

1.8 Energy Transmission Facilities

1.9 Native Load Customers

1.10 Point(s) of Delivery

1.11 Point(s) of Interconnection

1.12 Receiving Party

1.13 Service Agreement

2. Character of Service and Availability

2.1 Nature of Service

2.2 Term of Service

2.3 Priority of Service

2.4 Commencement of Service

2.5 Control Area Requirements

2.6 Ancillary Services

3. Interconnection and Interchange

3.1 Bonneville Responsibility

3.2 Metering

3.3 Third Party Arrangements

4. Rates

4.1 Transmission Charge

4.2 Transmission Losses

4.3 Reactive Charge

4.4 Revision to Rates, Charges, and Loss

Factors

5. Initiating Service

5.1 Nonfirm Umbrella Service Agreement

5.2 Short-Term Firm Service Agreement

6. Electronic Bulletin Board

7. Scheduling

7.1 General Conditions

7.2 Due Diligence

7.3 Curtailment

8. Service Agreements

8.1 Requirement for a Signed Service

Agreement

8.2 Obligations on Acceptance of Service

9. Billing

10. Records

10.1 Recordkeeping Obligations

10.2 Customer’s Right to Examine

Records

11. Liability and Indemnification

11.1 Western Interconnected Systems

Agreement

11.2 No Western Interconnected Systems

Agreement

12. Creditworthiness

13. Procedures to Resolve Transmission

Complaints
12932 Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Notices

Bonneville Power Administration

Energy Transmission Service Tariff

The Bonneville Power Administration

(Bonneville) will provide short-term

firm and nonfirm point-to-point

transmission service under this Energy

Transmission Tariff (ET) to Eligible

Customers.

1. Definitions

1.1 Applicant

An Eligible Customer who submits a

completed Application.

1.2 Application

A request by an Eligible Customer for

nonfirm and/or firm Energy

Transmission Service submitted to

Bonneville which satisfies the

provisions of this Tariff, including

provisions of section 5.

1.3 Commission

The Federal Energy Regulatory

Commission or its successor.

1.4 Control Area

The self-contained set of generating

units, electrical loads, and transmission

facilities managed and overseen by a

utility that is responsible for matching

generation with such loads on an

instantaneous basis.

1.5 Customer

An Eligible Customer that has

completed an Application for service

and has executed a Service Agreement

for Energy Transmission Service

pursuant to this Tariff.

1.6 Delivering Party The entity

supplying the electric energy to be

transmitted over Bonneville’s Energy

Transmission Facilities.

1.7 Eligible Customer

A private or public corporation,

governmental agency or authority, joint

action agency, municipality, rural

electric membership corporation or

cooperative, person, or any lawful

association of the foregoing, which

engages in the generation, transmission,

or distribution of electric energy at

wholesale or retail. Bonneville’s direct

service industrial customers on the

effective date of this Tariff shall be

considered Eligible Customers. Other

than Bonneville’s direct service

industrial customers, an Eligible

Customer shall not include any entity

for which the Commission is prohibited

under Sections 212(g) and (h) of the

Federal Power Act from ordering the

provision of transmission service. A

power marketing entity (marketer) will

be considered to be an Eligible

Customer only to the extent it requests

service to deliver capacity or energy that

will be purchased by an Eligible

Customer.

1.8 Energy Transmission Facilities

The Federal Columbia River

Transmission System facilities operated

by Bonneville, excluding the Interties.

1.9 Native Load Customers

Those wholesale and direct service

industrial power sale customers, on

whose behalf Bonneville, by statute or

contract, has undertaken an obligation

to plan, construct, and operate its

electric system to provide reliable

electric service.

1.10 Point(s) of Delivery

Point(s) on Bonneville’s Energy

Transmission Facilities where

Bonneville is interconnected with the

Receiving Party or the Receiving Party’s

authorized agent and where Bonneville

can deliver power transmitted pursuant

to a Service Agreement.

1.11 Point(s) of Interconnection

Point(s) on Bonneville’s Energy

Transmission Facilities where

Bonneville is interconnected with the

Delivering Party or the Delivering

Party’s authorized agent and where

Bonneville can receive power

transmitted pursuant to a Service

Agreement.

1.12 Receiving Party

The entity receiving the electric

energy to be transmitted over

Bonneville’s Energy Transmission

Facilities.

1.13 Service Agreement

The initial agreement and any

supplements or amendments thereto

entered into by the Customer and

Bonneville in order to initiate service

under this Tariff. For nonfirm Energy

Transmission Service, the Service

Agreement may be in the form of a

standard umbrella agreement for Energy

Transmission Service which provides

for maximum flexibility in using

Point(s) of Delivery and Point(s) of

Interconnection, standard scheduling

provisions and interruption rights, and

billing information. For short-term firm

Energy Transmission Service, the

Service Agreement may be in the form

of a transaction specific agreement for

Energy Transmission Service which

documents the terms and conditions of

that transaction.

2. Character of Service and Availability

2.1 Nature of Service

Energy Transmission Service is a

control area to control area service. The

service delivers energy over

transmission paths that may be nonfirm

or short-term firm, consolidated by the

Customer into a schedule, from one

control area to another through Points of

Interconnection and Points of Delivery.

Short-term firm Energy Transmission

Service shall be provided on a take-orpay basis, unless curtailed by

Bonneville.

2.2 Term of Service

Nonfirm Energy Transmission Service

hereunder may only be prescheduled.

Prescheduling is done in hourly

increments up to a maximum of 24

hours from 1 working day to the next.

Short-term Firm Energy Transmission

Service may be provided for periods up

to 1 month.

2.3 Priority of Service

Energy Transmission Service shall be

provided over transmission capacity

available after Bonneville meets its

obligations to serve: (1) its existing and

forecasted requirements to serve Native

Load Customers; (2) its existing

contractual commitments for firm

wholesale purchases, exchanges, and

sales; (3) its existing contractual,

statutory, and regulatory commitments

for firm transmission service; (4)

transmission capacity reserved for

reliability, regulation, and inadvertent

flows based on Bonneville’s historic use

or planned use for such purpose; (5)

delivery of Federal and Network

Integration Customers’ hydroelectric

power in times of actual or threatened

spill.

Priority to available capacity shall be

provided to requests for firm service. All

requests for nonfirm Energy

Transmission Service hereunder, all

other requests for nonfirm transmission

service pursuant to Bonneville’s other

network transmission tariffs and

Bonneville’s own nonfirm network

transmission uses, with the exception of

Bonneville’s and Network Integration

Customers’ economy energy purchases,

and sales to avoid hydroelectric spill,

shall be evaluated on a first-come, firstserved basis.

2.4 Commencement of Service

A Service Agreement must be

executed prior to the commencement of

service under this Tariff.

2.5 Control Area Requirements

As a condition to obtaining Energy

Transmission Service, the Customer

shall: (i) operate as a Control Area under

applicable guidelines of the North

American Electric Reliability Council

(NERC), the Western Systems

Coordinating Council (WSCC), and the
Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Notices 12933

Northwest Power Pool (NWPP); or (ii)

satisfy its responsibility to be operated

as a Control Area by contract with

Bonneville pursuant to section 2.6 by

contract with another entity which

Bonneville accepts as sufficient to

satisfy NERC, WSCC, and NWPP

requirements. Bonneville shall not

unreasonably refuse to accept

contractual arrangements with another

entity for such services.

2.6 Ancillary Services

This Tariff constitutes an offer to

provide only Energy Transmission

Service. Bonneville commits either to

provide the Customer with services

necessary for it to take Energy

Transmission Service under this Tariff;

or to cooperate with the Customer so

that the Customer can utilize its own

resources or the resources of third

parties in order to provide such

services. Such services offered by

Bonneville are offered on a not unduly

discriminatory basis, subject to

resource, engineering, and reliability

limitations.

3. Interconnection and Interchange

3.1 Bonneville Responsibility

Bonneville shall deliver the energy

required from Point(s) of

Interconnection to Point(s) of Delivery

pursuant to the Service Agreement up to

the amount of designated energy.

3.2 Metering

Electric energy transmitted under this

Tariff shall be measured as appropriate

by metering equipment provided by

Bonneville and the Customer at such

points and voltages as set forth in the

Service Agreement.

3.3 Third Party Arrangements

The Customer need not be directly

interconnected with Bonneville, but

shall make any and all necessary

arrangements for the delivery of power

to the Point(s) of Interconnection and

receipt from the Point(s) of Delivery,

and Bonneville shall have no

responsibility for such arrangements.

The Customer shall furnish Bonneville

with such necessary and appropriate

information with respect to such

arrangements as shall permit Bonneville

to carry out its responsibilities under

this Tariff. The Customer shall be

responsible for scheduling arrangements

and resolution of operating problems on

third party electric systems related to

any transactions provided under this

Tariff and for the costs associated with

resolving those problems.

4. Rates

4.1 Transmission Charge

Payment hereunder shall be

calculated pursuant to the rates and

formulae in Appendix A, the ET–95 rate

schedule or its successor.

4.2 Transmission Losses

Transmission losses shall be

determined on the basis of average

estimated system losses. The Customer

shall compensate Bonneville for losses

by either providing additional energy

for losses associated with the scheduled

energy or by buying losses from

Bonneville in accordance with the Firm

Power Products and Services (FPS–95)

rate schedule in Appendix A as

specified in the Service Agreement.

4.3 Reactive Charge

The Customer shall pay for reactive

power necessary to provide

transmission services under this Tariff

pursuant to the Firm PTP Transmission

rate (PT–95) or its successor as specified

in the Service Agreement.

4.4 Revision to Rates, Charges, and

Loss Factors

Bonneville may periodically revise

rates, charges, and transmission loss

factors and apply such revisions to

Service Agreements.

5. Initiating Service

5.1 Nonfirm Umbrella Service

Agreement

To initiate nonfirm service an

Applicant must submit a completed

Application to Bonneville Power

Administration; Attention, Manager,

Short-Term Contracts; P.O. Box 491;

Vancouver, Washington, 98666–0491.

Such Application shall include:

(a) The identity, address, and

telephone number of the Applicant;

(b) A statement that the Applicant is,

or will be upon commencement of

service, an Eligible Customer under this

Tariff pursuant to section 1.7;

(c) The name, title, and phone

number of the contact person for the

Applicant;

(d) The proposed dates for initiating

and terminating the Service Agreement.

The Application shall be used to

prepare an ‘umbrella’ Service

Agreement as discussed in section 8.1.

5.2 Short-Term Firm Service

Agreement

To initiate short-term firm service, the

Application shall include in addition to

the above information the following

additional information:

(a) The identity of the Delivering

Party and Receiving Party;

(b) The Point(s) of Interconnection

and the Point(s) of Delivery;

(c) The amount of power, including

peak demand and total amount of

energy;

(d) The identity of the Control Area(s)

in which the resource and ultimate

consumer of power is/are located.

The information in sections 5.1 and

5.2 shall be used to prepare a ‘‘shortterm firm’’ Service Agreement as

discussed in section 8.1.

6. Electronic Bulletin Board

Bonneville shall cooperate with

Customers and utilities who are

members of the WSCC to develop an

electronic bulletin board that is

compatible and useful to all WSCC

members. The purpose of the electronic

bulletin board is to make known to

users the available transmission

capacity and any proposals to increase

that capacity.

7. Scheduling

7.1 General Conditions

All energy to be transmitted by

Bonneville on a nonfirm basis

hereunder shall be scheduled one

working day prior to the day service is

to commence, but changes may be made

up to the hour preceding the hour of

service when reasonably practicable

which is the procedure used by

Bonneville in scheduling its own Energy

Transmission transactions. All power to

be transmitted by Bonneville on a shortterm firm basis hereunder shall be

scheduled in advance pursuant to the

terms of the Service Agreement and will

reflect the procedures used by

Bonneville in scheduling its own

transactions. Bonneville will make

schedule changes on short notice if

reasonably practicable.

7.2 Due Diligence

Bonneville and the Customer shall

exercise due diligence and reasonable

care and foresight in arranging for and

operating their respective sources of

supply and other facilities so that

scheduled amounts of energy shall be

delivered in accordance with section

7.1.

7.3 Curtailment

In the event Bonneville is forced to

curtail deliveries of Energy

Transmission Service, Bonneville shall

notify the Receiving Party. Recipients of

nonfirm Energy Transmission Service

shall be curtailed prior to other

transmission services customers and on

the same basis as Bonneville’s and

Network Integration Service Customers’

economy transactions, except where

necessary to deliver Bonneville’s and
12934 Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Notices

Network Integration Customers’

hydroelectric power subject to spill or

threatened spill. The Receiving Party

shall have responsibility for curtailing

unless otherwise provided in the

Service Agreement.

8. Service Agreements

8.1 Requirement for a Signed Service

Agreement

Bonneville shall provide Energy

Transmission Service under this Tariff

only to Customers that have signed a

Service Agreement with Bonneville. For

nonfirm service hereunder, Bonneville

and the Customer may enter into an

‘‘umbrella’’ Service Agreement that

would provide the Customer

transmission access to the Bonneville

system to the extent that capacity is

available on Bonneville’s system,

subject to the scheduling provisions set

forth in section 7. The ‘‘umbrella’’

Service Agreement shall contain, among

other provisions, the term, scheduling

provisions and interruption rights, a

statement that any Points of

Interconnection or Points of Delivery on

Bonneville’s Energy Transmission

Facilities may be used for transmitting

and receiving energy, and billing

information, including the rates and

charges for such service. For short-term

firm service hereunder, Bonneville and

the Customer may enter into a

transaction specific ‘‘short-term firm’’

Service Agreement that would provide

the Customer transmission access to the

Energy Transmission Facilities to the

extent capacity is available on

Bonneville’s system. Such Service

Agreement shall contain the same

information that appears in the

‘‘umbrella’’ Service Agreement except

that the Point(s) of Interconnection and

the Point(s) of Delivery shall be

specified. In addition, the ‘‘short-term

firm’’ Service Agreement shall include

both the demand and total amount of

energy to be delivered.

8.2 Obligations on Acceptance of

Service

Acceptance of service by a Customer

pursuant to a Service Agreement under

this Tariff commits the Customer and

Bonneville both to the provisions of this

Tariff and to the terms of the individual

Service Agreement.

9. Billing

Bonneville shall bill in accordance

with the billing information in

Appendix A, General Rate Schedule

Provisions, or successor, or as they may

from time to time be revised.

10. Records

10.1 Recordkeeping Obligations

Bonneville and the Customer shall

keep such records as may be needed to

afford a clear history of all transactions

under this Tariff. The originals of all

such records shall be retained for a

minimum of 2 years plus the current

year (or such longer period as may be

appropriate and copies shall be

delivered to the other party on request.)

10.2 Customer’s Right to Examine

Records

The Customer shall have the right,

during normal business hours, to

examine the accounting and other

records for the last 2 calendar years

relating to its transactions under this

Tariff and shall have the right to make

such audits and copies of records as it

shall deem necessary or desirable. Such

examinations shall be at the Customer’s

expense and may be conducted no more

frequently than once every 2 years.

11. Liability and Indemnification

11.1 Western Interconnected Systems

Agreement

If an Applicant is a party to the

Western Interconnected Systems

Agreement Limiting Liability, such

agreement shall continue in full force

and effect as between the parties to the

extent that such provisions may apply

to the transactions contemplated by this

Tariff.

11.2 No Western Interconnected

Systems Agreement

If an Applicant is not a party to the

Western Interconnected Systems

Agreement Limiting Liability and there

is no other agreement on file with the

Commission governing liability and

indemnification between Bonneville

and the Customer, then in such event

additional provisions for protection of

electric generation facilities or

transmission facilities and liability and

indemnification may be required. Such

additional provisions shall be set forth

in the Applicant’s Service Agreement.

12. Creditworthiness

For the purpose of determining the

ability of the Customer to meet its

obligations related to service hereunder,

Bonneville may require reasonable

credit review procedures which may

include, but shall not be limited to,

verification that the Customer is not

operating under any State or Federal

bankruptcy laws, is not subject to the

uncertainty of pending liquidation or

regulatory proceedings in State or

Federal courts, and no significant

collection lawsuits or judgments are

outstanding which would seriously

reflect upon the Customer’s ability, in

Bonneville’s determination, to remain

solvent. In addition, Bonneville may

require the Customer to provide and

maintain in effect during the term of the

Service Agreement, an unconditional

and irrevocable letter of credit as

security to meet its responsibilities and

obligations under this Tariff or an

alternative form of security proposed by

the Customer and acceptable to

Bonneville that protects Bonneville’s

Native Load Customers against the risk

of nonpayment. Any disputes over the

terms of such security arrangements

shall be subject to the provisions of the

Tariff.

13. Procedures to Resolve Transmission

Complaints

Any complaint arising from an

Application hereunder may be resolved,

at the Customer’s discretion, by either:

(a) A voluntary dispute resolution

process, which may include mediation

or arbitration or both, pursuant to the

terms of a regional transmission

association governing agreement, or

such other dispute resolution rules as

may be agreed to by Bonneville and the

Customer; or

(b) A transmission complaint filed

with the Commission.

Issued in Portland, Oregon, on February

17, 1995.

Jack Robertson,

Deputy Chief Executive Officer.

[FR Doc. 95–5816 Filed 3–8–95; 8:45 am]

BILLING CODE 6450–01–P

Federal Energy Regulatory

Commission

[Docket Nos. EL95–26–000 and QF90–104–

002]

Richmond Power Enterprises, L.P.;

Notice of Extension of Comment Date

March 3, 1995.

Take notice that the date for filing of

protests, motions to intervene or

comments, in response to the notice

issued February 16, 1995 (60 FR 10380,

February 24, 1995) has been extended to

May 25, 1995.

Lois D. Cashell,

Secretary.

[FR Doc. 95–5714 Filed 3–8–95; 8:45 am]

BILLING CODE 6717–01–M