Good Utility Practice, that are reasonably necessary to maintain the reliability
11.2. System and Edison determines that it is necessary for Edison and Vernon to shed load, or if ordered to shed load by the ISO, the Parties shall shed load in accordance with established non-discriminatory procedures.
11.2.1. Load Shedding shall include any combination of thefollowing: (i) automatic Load Shedding; (ii) manual Load Shedding; and (iii) rotating interruption of customer load. Edison will order Load Shedding to maintain the relative sizes of load served within the area requiring Load Shedding to the extent practicable, unless otherwise required by circumstances beyond the control of Edison or Vernon or unless otherwise directed by the ISO.
11.2.2. Automatic Load Shedding devices will operate without notice. When manual Load Shedding or rotating interruptions are necessary, Edison shall notify Vernon of the required action and Vernon shall comply.
11.2.3. Vernon shall, at its own expense, provide, operate and maintain in service, high-speed, digital underequipment shall be; (i) compatible and co Shedding equipment; and (ii) set for the amount of load to be shed, with frequency trips and tripping time as determined by Edison. Edison shall coordinate with Vernon before making necessary modifications to the Load shedding system. Vernon shall, at its expense, make changes to its equipment as required. Vernon shall test and inspect the Load Shedding equipment at least once every two years and promptly provide a written report to Edison of the results of such test. At its own expense, Edison may request a test of the Load Shedding equipment with reasonable cause and notice.
11.3. Notwithstanding any other provisions of this Agreement, Edison reserves the right, consistent with Good Utility Practice and on a not unduly discriminatory purpose of making necessary adjustments to, changes in, or repairs on its lines, substations and facilities, and in cases where the continuance of Transmission Service would endanger persons or property. Edison shall give Vernon as much advance notice as is practicable in the event of such curtailment.
12. 66 KV LINE RESERVATION:
12.1. the Reserve Facilities. Vernon shall provide Edison with written notice of its intent to connect the Reserve Facilities to V
shall pay the full cost associated with such interconnection, including, but not limited to, the cost of any modifications, upgrades, rearrangements, or additions to Edison facilities required as a result of such interconnection as well as any
metering or communications facilities required. The Parties shall enter into a separate agreement specifying the specific costs and payment terms for such interconnection.
12.2. Upon completion of the interconnection, the Reserve Facilities shall be included as part of the Transmission System.
12.3. Beginning on the effective date of this Agreement, Vernon shall pay to Edison the full revenue requirement associated with the Reserve Facilities. Vernon shall have the right to terminate its reservation of Reserve Facilities on sixty days written notice to Edison, provided such notice is given prior to such termination all payments for Reserve Facilities shall cease.
13. CHARGES:
13.1. For Transmission Service made available by Edison hereunder, Vernon shall pay Edison at an initial rate equal to $22,148 per month. Such initial rate is subject to change pursuant to Section 17.
13.2. For reservation of Reserve Facilities in accordance with Section 12 hereunder, Vernon shall pay Edison at an initial rate equal to $2,521.00 per month. Such initial rate shall be subject to change pursuant to Section 17.3.
13.3. Commencing on the in-service date of the Edison MGS Communications Facilities, Vernon shall pay Edison the MGS Communications Facilities Charge set forth in Attachment C. The MGS Communications Facilities Charge MGS Communications Facilities set forth in Attachment C, and such payments shall be subject to later adjustment, based on actual recorded costs, within twelve (12) months following the completion of the Edison MGS Communications Facilities as follows.
13.3.1. If the amounts paid for the MGS Communications Facilities Charge are less than the amounts due for such facilities as determined from the actual recorded installed cost, Edison will bill Vernon for the difference between the amounts previously paid by Vernon and the amounts which would have been paid based on actual recorded costs, without interest, on the next regular billing.
13.3.2. If the amounts paid for the MGS Communications Facilities Charge are greater than the amounts due for such facilities as determined from the actual recorded installed cost, Edison will credit Vernon the difference between the amounts previously paid by Vernon and the amounts which would have been paid based on actual recorded costs, without interest, on the next regular billing.
13.4. Commencing on the in-service date of the Additional Interconnection Project Facilities, Vernon shall pay Edison the Additional Interconnection Project
Facilities Charge set forth in Attachment D. The Additional Interconnection of the cost of the Additional Interconnection Project Facilities set forth in Attachment D, and such payments shall be subject to later adjustment, based on actual recorded costs, within twelve (12) months following the completion of the Additional Interconnection Project Facilities as follows.
13.4.1. If the amounts paid for the Additional Interconnection Project Facilities Charge are less than the amounts due for such facilities as determined from the actual recorded installed cost, Edison will bill Vernon for the difference between the amounts previously paid by Vernon and the amounts which would have been paid based on actual recorded costs, without interest, on the next regular billing.
13.4.2. If the amounts paid for the Additional Interconnection Project Facilities Charge are greater than the amounts due for such facilities as determined from the actual recorded installed cost, Edison will credit Vernon the difference between the amounts previously paid by Vernon and the amounts which would have been paid based on actual recorded costs, without interest, on the next regular billing.
14. BILLING AND PAYMENT:
14.1. On or before the first day of each month, Edison shall render bills to Vernon for the charges provided for in Section 13. Vernon shall pay such bills by the 20th day of such month.
14.2. Payments as required by Section 14.1, which are not made in full by Vernon by said due date shall thereafter accrue interest at the rate of ten (10) percent per annum, or the maximum amount which is otherwise legally authorized, whichever is less, of the unpaid balance prorated by days until payment is made.
14.3. In the event Vernon desires to dispute all or any part of any bill submitted by Edison pursuant to this Agreement, Vernon shall nevertheless pay the full amount of the bill when due. Vernon shall give notification in writing stating the grounds for the dispute and the amount in dispute. Interest at ten (10) percent per annum, or the maximum amount which is otherwise legally authorized, whichever is less, shall be added to the adjustment upon settlement of the dispute.
15. FORCE MAJEURE:
An event of Force Majeure means any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any Curtailment, order, regulation or restriction imposed by governmental military or lawfully established civilian authorities, or any other cause
A Force Majeure event does not include an act of negligence or intentional wrongdoing. Neither Edison nor Vernon will be considered in default as to any obligation under this Agreement if prevented from fulfilling the obligation due to an event of Force Majeure. However, a Party whose performance under this Agreement is hindered by an event of Force Majeure shall make all reasonable efforts to perform its obligations under this Agreement.
16. INDEMNIFICATION:
Vernon shall at all times indemnify, defend and save Edison harmless from, any and all damages, losses, claims, including claims and actions relating to injury to or death of any person or damage to property, demands, suits, recoveries, costs and expenses, court costs, attorney fees and all other obligations by or to third parties, arising out of or resulting except in cases of negligence or intentional wrongdoing by Edison.
17. REGULATORY AUTHORITY:
17.1. Edison shall tender this Agreement for filing with the Commission in a timely manner and Vernon shall support Edison in obtaining all necessary authorizations and approvals for this Agreement.
17.2. It is understood that the initial rate for Transmission Service specified in Section 13.1 is $23,250 per month. Neither Party shall file with the Commission for a Transmission Service rate change to be effective prior to January 1, 2008, provided, however, that Edison may file to begin recovering the full incremental revenue requirement allocable to Vernon for any additions, replacements, or improvements to the Transmission System made after the effective date of this Agreement provided such rate shall not be effective prior o recover its full
incremental revenue requirement allocable to Vernon for any such additions, replacements, or improvements in such filing. In the context here, the quantification of incremental revenue requirement shall reflect any appropriate offsets for the amount of revenue requirement associated with any facilities that are removed from service due to such additions, replacements, or improvements. Certain metering facilities have been removed and replaced with ISO-Approved Meters, resulting in a revised rate of $22,148 for Transmission Service, effective March 9, 2006.
17.3. Except as otherwise provided in Section 17.2, nothing contained herein shall be construed as affecting in any way: (i) the right of Edison, in furnishing Transmission Service hereunder, to unilaterally make filings with the Commission for a change in rates (including without limitation transmission losses), and charges under Section 205 of the Federal Power Act and pursuant to the rules and regulations promulgated by the Commission thereunder; (ii) the right of Vernon to oppose such changes under Section 205 of the Federal Power
Act; (iii) the right of Vernon to file a complaint requesting a change in rates (including transmission losses), or charges under Section 206 of the Federal Power Act and pursuant to the rules and regulations promulgated by the Commission thereunder; or (iv) the right of Edison to oppose such change requested by Vernon under Section 206 of the Federal Power Act.
17.4. Vernon shall reimburse Edison for all fees and charges imposed on Edison by the Commission attributable to the service provided under this Agreement or amendments thereto including, but not limited to, the portion of the annual attr
18. DISPUTE RESOLUTION PROCEDURES:
Any dispute between Vernon and Edison involving this Agreement shall be referred to a designated senior representative of Edison and a senior representative of Vernon for resolution on an informal basis as promptly as practicable. In the event the designated representatives are unable to resolve the dispute within thirty (30) days by mutual agreement, such dispute may be submitted to arbitration and resolved in accordance with the arbitration procedures set forth below.
18.1. Any arbitration initiated under this Agreement shall be conducted before a single neutral arbitrator appointed by the Parties. If the Parties fail to agree upon a single arbitrator within ten (10) days of the referral of the dispute to arbitration, each Party shall choose one arbitrator who shall sit on a threemember arbitration panel. The two arbitrators so chosen shall within twenty (20) days select a third arbitrator to chair the arbitration panel. In either case, the arbitrators shall be knowledgeable in electric utility matters, including electric transmission, and bulk power issues, and shall not have any current or past substantial business or financial relationships with any party to the arbitration (except prior arbitration). The arbitrator(s) shall provide each of the Parties an opportunity to be heard, and, except as otherwise provided herein, shall generally conduct the arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and any applicable Commission regulations.
18.2. Unless otherwise agreed, the arbitrator(s) shall render a decision within ninety (90) days of appointment and shall notify the Parties in writing of such decision and the reasons therefore. The arbitrator(s) shall be authorized only to interpret and apply the provisions of this Agreement and shall have no power to modify or change any of the above in any manner. The decision of the arbitrator(s) shall be final and binding upon the Parties, and judgment on the award may be entered in any court having jurisdiction. The decision of the arbitrator(s) may be appealed solely on the grounds that the conduct of the arbitrator(s), or the decision itself, violated the standards set forth in the Federal Arbitration Act and/or the Administrative Dispute Resolution Act. The final decision of the
arbitrator must also be filed with the Commission if it affects jurisdictional rates, terms and conditions of service or facilities.
18.3. Each Party shall be responsible for its own costs incurred during the arbitration process and for the following costs, if applicable:
a. the cost of the arbitrator chosen by the Party to sit on the three member panel and one half of the cost of the third arbitrator chosen; or b. one half of the cost of the single arbitrator jointly chosen by the Parties.
18.4. Nothing in this Section 18 shall restrict the rights of any party to file a complaint with the Commission under relevant provisions of the Federal Power Act.
19. NO DEDICATION OF FACILITIES:
Any undertaking by one Party to the other Party under any provision of this Agreement shall not constitute the dedication of the system or any portion thereof of the Party to the public or to the other Party, and it is understood and agreed that any such undertaking under any provision of this Agreement by a Party shall cease upon the termination of its obligations hereunder.
20. NO THIRD PARTY RIGHTS:
Unless otherwise specifically provided in this Agreement, the Parties do not intend to create rights in or to grant remedies to any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established hereunder.
21. SALE OR ASSIGNMENT OF TRANSMISSION SERVICE:
21.1. Vernon may sell or assign to a Third Party all or a portion of its rights to Transmission Service provided pursuant to this Agreement. Any sale or assignment by Vernon may be for a term coextensive with the term of this Agreement or any lesser term. Vernon shall be responsible for scheduling all transactions involving sales of Transmission Service.
21.2. Any assignment by Vernon of its interest in this Agreement which is made without the written consent of Edison shall not relieve Vernon from its primary liability for any of its duties and obligations hereunder, and in the event of any such assignment, Vernon shall continue to remain primarily liable for payment of any and all money due Edison hereunder and for the performance and observance of all other covenants, duties, and obligations to be performed and observed hereunder by it to the same extent as though no assignment had been made.
21.3. the written consent of Ed
writing the duties and obligations hereunder of Vernon and, within thirty (30)
calendar days after any such assignment and assumption of duties and obligations, Vernon shall furnish or cause to be furnished to Edison a true and correct copy of such assignment and assumption of duties and obligations.
21.4. Any sale of Transmission Service by Vernon shall not relieve Vernon from its primary liability for any of its duties and obligations hereunder, and in the event of any such sale, Vernon shall continue to remain primarily liable for payment of any and all money due Edison hereunder, and for the performance and observance of all other covenants, duties, and obligations to be performed and observed hereunder by it to the same extent as though no sale had been made.
21.5. partial novation of this Agreement. If Edison, in its sole determination, consents to a novation, the Parties shall amend this Agreement to reflect the substitution provision of this Agreement as necessary to accommodate the novation. Such an amendment shall be filed with the Commission, and after acceptance for filing without changes unacceptable to either Party, shall relieve Vernon of its duties and obligations to Edison hereunder to the extent of the assignment.
21.6. Vernon may assign or transfer any right or interest in this Agreement, in whole or in part, to a joint powers agency, or to any other entity or person as security for its present and future bonds or other obligations and securities, provided that the assignment of a right or interest as security shall not confer upon the assignee or transferee the rights to utilize the Transmission Service except to the extent that the assignee or transferee provides service to a Third Party in accordance with this Agreement.
22. RELATIONSHIP OF PARTIES:
The covenants, obligations, and liabilities of the Parties are intended to be several and not joint or collective, and nothing contained in this Agreement shall ever be construed to create an association, joint venture, trust, or partnership or to impose a trust or partnership covenant, obligation, or liability on or with regard to either Party. Each Party shall be individually responsible for its own covenants, obligations, and liabilities as provided in this Agreement. Neither Party shall be under the control of or shall be deemed to control the other Party. Neither Party shall be the agent of or have a right or
23. SERVICE CONDITIONS:
No provision, or lack of any specific provision, in this Agreement shall be deemed by the Commission or either Party as being a precedent in any existing or future negotiations among the Parties, or in any existing or future litigation except to the extent specifically stated herein. Moreover, no provision (or lack of a provision) of this Agreement shall be used by the Commission or either Party as support for the reasonableness of any position or proposal in dispute in any existing or future arbitration, regulatory proceeding, or other litigation.
24. NON-WAIVER:
Any waiver at any time by either Party of its rights with respect to a default under this Agreement, or with respect to any other matter arising in connection with this Agreement, shall not be deemed a waiver with respect to any other default or matter arising in connection therewith. Any delay, short of any statutory period of limitation, in asserting or enforcing any right, shall not be deemed a waiver of such right.
25. SOLE JUDGMENT OR DETERMINATION:
Where the terms of this Agreement provide for an action to be based on the sole judgment or determination of either Party, such sole judgment or determination will be exercised in good faith and in accordance with Good Utility Practice.
26. EFFECT OF SECTION HEADINGS:
Section headings appearing in this Agreement are inserted for convenience only and shall not be construed as interpretations of text.
27. GOVERNING LAW:
This Agreement shall be interpreted, governed by, and construed under the laws of the State of California or the laws of the United States, as applicable, as if executed and to be performed wholly within the State of California.
28. NOTICES:
Any notice, demand or request provided for in this Agreement, or served, given, or made in connection with it, shall be in writing and shall be deemed properly served, given, or made if delivered in person or sent by United States mail, postage prepaid, to the persons specified below unless otherwise provided for in this Agreement:
Southern California Edison Company
Director of Grid Contracts
P.O. Box 800
Rosemead, California 91770
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Attention: City Administrator/City Clerk
Either Party may at any time, by notice to the other Party, change the designation or address of the person so specified as the one to receive notices pursuant to this Agreement.
29. SIGNATURE CLAUSE:
The signatories hereto represent that they have been duly authorized to enter into this Agreement on behalf of the Party for which they sign.
SOUTHERN CALIFORNIA EDISON
COMPANY
CITY OF VERNON
By: /s/ Vikram S. Budhraja By: /s/ Leonis C. Malburg
Name: Vikram S. Budhraja Name: Leonis C. Malburg
Title: Senior Vice President Title: Mayor
Date: Sept. 16, 1997
ATTACHMENT A
LIST OF FACILITIES
ATTACHMENT A
SOUTHERN CALIFORNIA EDISION COMPANY
Non-ISO Facilities Assigned to
City of Vernon*
Description Quantity
Direct Assigned Facilities
Laguna Bell Substation:
66 kV Line Position with 2 circuit breakers each 5
66 kV Lines:
Laguna Bell-Leonis-Owill 1
Laguna Bell-Leonis-Vernon 1
Laguna Bell-Growgen-Leonis 1
Laguna Bell-Container-Pulpgen-Vernon 1
Laguna Bell-Coldgen-Leonis 1
Metering Facilities:
66-kV Potential Transformers (2 per line) 10
66-kVCurrent Transformers (2 per line) 10
Line Loss Compensators (1 per line) 5
ISO-Approved Meters 5
ISO Communication Equipment
(Router, DSU, Fiber Optics Circuit Protection Unit) 1
Shared Facilities**
Laguna Bell Substation:
220 kV Bank Position with 2 circuit breakers each 2
220/66 kV Transformer Bank 2
66 kV Bank Position with 2 circuit breakers each 2
66 kV Sectionalizer 2
66 kV Capacitor Bank with 1 circuit breaker 2
66 kV Condenser with 2 circuit breakers each 2
* Includes the facilities in service as of the effective date of the Laguna Bell Interconnection Service Agreement for which Vernon paid Edison $23,250 per month through March 8, 2006 pursuant to Sections 13.1 and 17.2 of the agreement and $22,148 per month, effective March 9, 2006, to reflect installation of ISO-Approved Meters.
ATTACHMENT B
MAP OF RESERVE FACILITIES
ATTACHMENT B
MAP OF RESERVE FACILITIES
ATTACHMENT C
MALBURG GENERATION STATION
COMMUNICATIONS FACILITIES
ATTACHMENT C
MALBURG GENERATION STATION COMMUNICATIONS FACILITIES
A. Description of Facilities:
(1) The Edison MGS Communications Facilities include the facilities from the Power Management System required for Vernon to provide real-time data from (2) The Vernon MGS Communications Facilities include the remote terminal unit (RTU) located at the MGS and the associated communications facilities from the MGS to the demarcation point at the communication terminal cabinet at Leonis Substation required for Vernon to provide real-time data from the Malburg l Center.
B. Maintenance, Repair and Testing of the Vernon MGS Communications Facilities:
The maintenance, repair and testing of the Vernon MGS Communications Facilities shall be as follows:
(1) Vernon shall repair or replace the Vernon MGS Communications Facilities, or portions thereof as applicable, within five (5) business days after such facilities are found to be defective. Vernon shall immediately notify Edison of such defective facilities.
(2) Vernon shall be responsible for the data integrity of the MW, MVAR, kV, circuit breaker status and applicable alarms and shall correct any inaccurate input points within five (5) business days after such data are found to be inaccurate. Vernon shall immediately notify Edison of such inaccurate data. (3) Vernon shall test and certify the RTU at least once a year. Edison shall be afforded the opportunity to be present during any RTU test. (4) During any time that the Vernon MGS Communication Facilities are not in operat
(5) If Vernon fails to meet the requirements of Items B.(1) and B.(2) above, Edison shall have the right to inspect and repair or replace the defective portions of the Vernon MGS Communications Fa
C. Vernon Contact Information: Vernon shall provide a current list of names and phone numbers of the knowledgeable individuals who may be contacted 24 hours a day, 7 days a week in case of problems associated with the Vernon MGS Communications the contact information within five (5) business days of such change.
D. MGS Communications Facilities Charge:
Effective Date
CustomerFinanced
Monthly
Rate
Estimated Cost
of Edison MGS
Communications
Facilities
MGS
Communications
Facilities Charge
Based on
Estimated Cost
Actual Cost of
Edison MGS
Communications
Facilities
MGS
Communications
Facilities Charge
Based on Actual
Cost
In-Service Date
of Edison MGS
Communications
Facilities 0.33% $40,400.00 $133.32 $0 $0
Formatted Table
ATTACHMENT D
ADDITIONAL INTERCONNECTION
PROJECT FACILITIES
ATTACHMENT D
ADDITIONAL INTERCONNECTION PROJECT FACILITIES
A. Description of Facilities: The Additional Interconnection Project Facilities include the following:
(1) Laguna Bell Substation
Line protection relay upgrades on the existing 66 kV Position 33 to allow the existing Leonis No. 1 66 kV line to be changed to the new Leonis New Sub 66 kV line.
Reconfigured 66 kV Position 3 HCB communication circuit from two to three terminals and one 50W variable resistor for pilot wire communication. (2) 66 kV Line
Newly configured Laguna Bell Leonis New Sub 66 kV line to serve the new station, including two new wood poles, approximately 200 circuit feet of 653 ACSR conductors, 3 KPF pole top switches and new polymer insulators at various locations along the Laguna bell Leonis No. 1 66 kV line.
B. Transmission Service:
Following the in-service date of the Additional Interconnection Project Facilities, Edison shall provide Transmission Service over these facilities in accordance with Section 6 of the Agreement.
C: Additional Interconnection Project Facilities Charge:
Effective Date
CustomerFinanced
Monthly
Rate
Estimated Cost
of Additional
Interconnection
Project
Facilities
Additional
Interconnection
Project
Facilities
Charge Based
on Estimated
Cost
Actual Cost of
Additional
Interconnection
Project
Facilities
Additional
Interconnection
Project
Facilities
Charge Based
on Actual Cost
September 1,
2006 to 4/3/09 0.33% $162,550.00 $536.41 $191,957.86 $633.46 4/4/09
12/31/12
0.38% - - $191,957.86 $729.44
1/1/13
12/31/15
0.39% - - $191,957.86 $748.64
1/1/16 - 7/25/19 0.38% - - $191,957.86 $729.44
7/26/2019 and
after
0.34% $191,957.86 $652.66
ATTACHMENT E
DESCRIPTION OF MGS
Formatted: Centered
Attachment E Description of MGS
Malburg
Generation Station (MGS) located in the City of Vernon, California, as disclosed by Vernon in its WDT1732 Interconnection Request and as summarized below:
1. Generating Facility General Information pursuant to the WDT1732 Interconnection Request
Description: (i) two (2) GBA 1250 LG Gas Turbine GTX 100 units and one (1) GBA 1250 LG Steam Turbine unit with a rated output of 50000 kVA and 58800 kVA respectively with a planned output of 44.0 MW and 51 MW for a combined gross rated output of 139.0 MW of Gas and Steam Turbine as measured at the generator terminals, (ii) three (3) unique main transformers rated with an impedance of 7.0% on a 33.6 MVA base, 7.1% on a 33.6 MVA base, and 6.1% on a 37.5 MVA base, (iii) the associated infrastructure (iv) meters and metering equipment, (v) appropriate amount of static and dynamic reactive resources to provide for the 0.95 power factor (PF) requirements as outlined in FERC Order 827; these PF requirements must be satisfied under all ambient temperature conditions at the Generating Facility, and (vi) appurtenant equipment.
Generating Facility Output Generation Detail
Total rated (gross) capacity at generator/inverter terminals: 50, 50, 58.8 MW at 1.00 PF Total of 158.8 MW at 1.00 PF
Total net capability at high-side of main step-up
transformer(s):
56,56,70 MW
Total net capacity at high-side of main step-up
transformer(s):
44, 44, 51 MW (Total = 139
MW)
Formatted: Centered
Formatted Table
Formatted Table
2. General sketch of the interconnection of MGS
3. Graphic representation of the location of MGS
Exhibit B
MGS Repower Amendment Revisions to the Laguna Bell-Vernon Interconnection Service Agreement Clean Format
Title Page
Southern California Edison Company FERC FPA Electric Tariff Tariff Title: Rate Schedule
Tariff Record Title: First Revised Rate Schedule FERC No. 472
LAGUNA BELL-VERNON INTERCONNECTION SERVICE AGREEMENT
BETWEEN
SOUTHERN CALIFORNIA EDISON COMPANY
AND
CITY OF VERNON
Contract Effective Date: 7/16/06 Tariff Record Proposed Effective Date: 4/1/2022 472.8.0 Version Number: 12.0.0
EAK048 Option Code: A
TABLE OF CONTENTS
LAGUNA BELL VERNON INTERCONNECTION SERVICE AGREEMENT
BETWEEN
SOUTHERN CALIFORNIA EDISON COMPANY
AND
CITY OF VERNON
1. PARTIES: .................................................................................................................... 2
2. RECITALS: ................................................................................................................. 2
3. AGREEMENT: ........................................................................................................... 3
4. DEFINITIONS: ........................................................................................................... 3
5. EFFECTIVE DATE AND TERM:.............................................................................. 6
6. TRANSMISSION SERVICE: ..................................................................................... 7
7. ANCILLARY SERVICES: ......................................................................................... 7
8. SCHEDULING:........................................................................................................... 8
9. METER COMPENSATION: ...................................................................................... 8
10. OPERATING ARRANGEMENTS: ........................................................................ 8
11. LOAD SHEDDING AND CURTAILMENTS: .................................................... 10
12. 66 KV LINE RESERVATION: ............................................................................. 11
13. CHARGES: ............................................................................................................ 12
14. BILLING AND PAYMENT: ................................................................................ 13
15. FORCE MAJEURE: .............................................................................................. 13
16. INDEMNIFICATION: .......................................................................................... 14
17. REGULATORY AUTHORITY: ........................................................................... 14
18. DISPUTE RESOLUTION PROCEDURES: ......................................................... 15
19. NO DEDICATION OF FACILITIES: .................................................................. 16
20. NO THIRD PARTY RIGHTS: .............................................................................. 16
21. SALE OR ASSIGNMENT OF TRANSMISSION SERVICE: ............................. 16
22. RELATIONSHIP OF PARTIES: .......................................................................... 17
23. SERVICE CONDITIONS: .................................................................................... 17
24. NON-WAIVER: .................................................................................................... 18
25. SOLE JUDGMENT OR DETERMINATION: .................................................... 18
26. EFFECT OF SECTION HEADINGS:................................................................... 18
27. GOVERNING LAW:............................................................................................. 18
28. NOTICES:.............................................................................................................. 18
29. SIGNATURE CLAUSE: ....................................................................................... 19
ATTACHMENT A LIST OF FACILITIES
ATTACHMENT B MAP OF RESERVED FACILITIES
ATTACHMENT C MALBURG GENERATION STATION COMMUNICATIONS
FACILITIES
ATTACHMENT D ADDITIONAL INTERCONNECTION PROJECT FACILITIES
ATTACHMENT E DESCRIPTION OF MGS
LAGUNA BELL-VERNON INTERCONNECTION SERVICE AGREEMENT
1. PARTIES:
corporation of the State of California and SOUTHERN CALIFORNIA EDISON
2. RECITALS:
This Agreement is made with reference to the following facts, among others:
2.1. Edison is a utility engaged in the business of generating and transmitting electric energy in the States of Arizona, California, Nevada, and New Mexico. Edison is further engaged in the business of distributing such energy in California.
2.2. Vernon is a municipality engaged in the business of generating and transmitting electric energy in the States of Arizona, California, and Nevada. Vernon is further engaged in the business of distributing electricity.
2.3. conducted the Electric Utility Restructuring Proceeding, CPUC Docket No.
R.94-04 031/I.94-04-032, resulting in a decision providing for the restructuring of electric utility operations of investor-owned utilities in California.
2.4. The Commission is conducting proceedings in Docket Nos. ER96-1663, EC96- 19, and ER97-2355 which concerns the terms and conditions that will be applicable to such restructured electric utility operations.
2.5. The Califo
signed into law by the Governor on September 20, 1996. A.B. 1890 is codified in Sections 330ff of the California Public Utilities Code (Supp. 1997). A.B. 1890 provides for restructuring of electric utility operations of investor-owned utilities in California, and authorizes and directs the CPUC and such utilities to proceed to restructure.
2.6. A.B. 1890 introduces competition and customer choice for customers of investor-owned utilities into the California electric utility market. Two new institutions are intended to accomplish the transition to the restructured industry with the ISO assuming operational control of the transmission grid and the Power Exchange inaugurating a competitive spot market for electricity.
2.7. Edison currently provides transmission service to Vernon between certain points Point of Interconnection with Vernon. Some terms and conditions for interco
-7.7 for
service to Vernon.
2.8. The Parties have entered into the 1997 Restructuring Agreement, to which this Agreement is attached as Appendix F, which fundamentally changes the relationship of the Parties.
2.9. As part of the 1997 Restructuring Agreement, the Parties have agreed, among other things, to terminate partial requirements service and to separate the terms and conditions for wholesale transmission service (presently provided by Edison to Vernon in accordance with existing firm transmission service agreements) Point of Interconnection; and (2) servic
220 kV bus and the points of delivery or receipt, as defined in the Existing Transmission Contracts, as amended.
2.10. The Parties, therefore, wish to restate in this Agreement the terms and conditions of current services for transmission between Laguna Bell and the Point of Interconnection and for the interconnection of
2.11. On October 13, 2020, Vernon made Edison aware that Malburg Generation MGS had been repowered and is now capable of producing an additional five (5) MW of power, and provided an application to increase the capacity of the project, under this Agreement. The application to increase the capacity of MGS is tracked under tracking number WDT1723. On September 22, 2021, Edison determined that the data package was complete and repower of the MGS.
2.12. Edison documented its findings from the analysis of the MGS repower in a documented entitle
December 3, 2021.
2.13. Accordingly, the Parties wish to amend the Agreement to account for the additional MGS capacity and to include a description of MGS.
3. AGREEMENT:
The Parties agree as follows:
4. DEFINITIONS:
The following terms, when used herein with initial capitalization, whether in the singular or the plural, shall have the meanings specified:
4.1. 1997 Restructuring Agreement: The Edison-Vernon 1997 Restructuring Agreement between Edison and Vernon to which this Agreement is attached and incorporated therein as Appendix F.
4.2. Additional Interconnection Project Facilities: The facilities described in Attachment D required by Edison to provide a new point of interconnection via
the tapping of the existing Laguna Bell Leonis No. 1 66 kV line in order for Vernon to connect and service a new Vernon substation with a 30 MVA maximum load demand.
4.3. Additional Interconnection Project Facilities Charge: The monthly charge to Vernon to recover the revenue requirements for the Additional Interconnection Project Facilities, calculated as the product of the Customer-Financed Monthly Rate and the cost of the Additional Interconnection Project Facilities.
4.4. Agreement: This Laguna Bell-Vernon Interconnection Service Agreement.
4.5. Ancillary Services: Regulation, Spinning Reserve, Non- Spinning Reserves, Replacement Reserves, Voltage Support and Black Start as those services are defined in the ISO Tariff or, if the ISO Tariff is modified or terminated, any new or comparable services required by the operator of the Control Area in which Vernon is located. Ancillary Services do not include services voluntarily elected by Vernon, but not required by the Control Area in which Vernon is located. Ancillary Services do not include transmission losses or ISO grid management charges.
4.6. Commission: The Federal Energy Regulatory Commission or its successor.
4.7. Control Area: An electric power system (or combination of electric power systems) to which a common automatic generation control scheme is applied in order to: (i) match generation with load within the electric power system(s); (ii) maintain scheduled interchange with other control areas within the limits of Good Utility Practice; (iii) maintain frequency of the electric power system(s) within reasonable limits in accordance with Good Utility Practice; and (iv) provide sufficient generating capacity to maintain operating reserves in accordance with Good Utility Practice.
4.8. Curtail or Curtailment: A reduction in Transmission Service in response to a Transmission System capacity shortage as a result of system reliability conditions.
4.9. Customer-Financed Monthly Rate: The rate most recently adopted by the California Public Utilities Commission, or its regulatory successor, for -finance added
facilities, which does not compensate Edison for replacement of added facilities. The Customer-Financed Monthly Rate is shown in Attachments C and D.
4.10. Edison MGS Communications Facilities: The facilities described in Attachment C to be owned, operated and maintained by Edison in order to provide real-time data from the Malburg Generation Station to Edison.
4.11. End-Use Customer: A customer that takes final delivery of electric power and does not resell the power.
4.12. Generation: The capacity and energy delivered from a Resource.
4.13. 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 a 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 acceptable practices, methods, or acts generally accepted in the Western System Coordinating Council region.
4.14. ISO: The California Independent System Operator Corporation, as defined in the ISO Tariff, or its successor.
4.15. ISO Grid: The system of transmission lines and associated facilities that are
4.16. ISO Tariff: The ISO Operating Agreement and Tariff filed with the Commission in Docket Nos. EC96-19 and ER96-1663 as it may, from time to time, be amended, revised, or superseded.
4.17. ISO-Approved Meters: The meters, including communication and appurtenant equipment, that meet the ISO criteria and are owned, operated, and maintained
4.18. Laguna Bell 220 kV Interconnection Point: The points at which the 220/66 kV transformer bank circuit breakers at Laguna Bell are connected to the north and south 220 kV busses.
4.19. Malburg Generation Station (MGS): 139 MW (nominal) natural gasfired, combi
4.20. MGS Communications Facilities Charge: The monthly charge to Vernon to recover the revenue requirements for the Edison MGS Communications Facilities, calculated as the product of the Customer-Financed Monthly Rate and the cost of the Edison MGS Communications Facilities.
4.21. Gage and Garfield Avenues in the City of Commerce, California.
4.22. Load Shedding: The systematic reduction of system demand by temporarily decreasing load.
4.23. Point of Interconnection: The point where the 66kV electrical conductors of Edison connect with those of Vernon at or near the city limits of Vernon.
4.24. Power Customers: The wholesale and retail power customers of Edison on whose behalf Edison, by statute, franchise, regulatory requirement, or contract, System to meet the reliable electric needs of such customers.
4.25. Cities of Commerce, Huntington Park, and Maywood, disconnected from dison as the Former
Laguna Bell-P.S.20-P.S.38 66 kV line. The approximate location of the Reserve Facilities is shown on Attachment B.
4.26. Resource: Any generating facility that is capable of producing and delivering energy to the ISO Grid.
4.27. Third Party: (i) Any entity which is eligible to apply to the Commission, under Subsection 2l1(a) of the Federal Power Act, for an order requiring a transmitting utility to provide transmission services, or (ii) any entity located within the municipal boundaries of the City of Vernon that is defined as an eligible customer in the ISO Tariff.
4.28. Transmission Service: The wholesale transmission service provided under this Agreement.
4.29. Transmission System: Those transmission facilities or their replacements or betterments owned by Edison between the Point of Interconnection and the Laguna Bell 220 kV Interconnection Point. Such facilities are shown on Attachment A.
4.30. Vernon MGS Communications Facilities: The facilities described in Attachment C to be owned, operated and maintained by Vernon in order to provide real-time data from the Malburg Generation Station to Edison.
4.31. Wholesale Transmission Load: The End-U within
the municipal boundaries of the City of Vernon that is served from transmission and distribution facilities that Vernon owns or controls to deliver capacity and energy.
5. EFFECTIVE DATE AND TERM:
5.1. This Agreement shall become effective on the effective date of the 1997 Restructuring Agreement; provided, however, that, if upon filing the 1997 Restructuring Agreement, the Commission enters into a hearing to determine whether this Agreement or the 1997 Restructuring Agreement is just and reasonable, this Agreement shall not become effective until the date when an order no longer subject to judicial review has been issued by the Commission determining this Agreement and the 1997 Restructuring Agreement to be just and reasonable without changes or new conditions unacceptable to either Party.
5.2. This Agreement, and Transmission Service made available hereunder, shall not terminate prior to January 1, 2003. Beginning on January 1, 2001, Vernon may terminates this Agreement and no longer takes service from the Transmission System using the 66 kV Lines and Metering Facilities identified on value at the time of termination, less net salvage, for such Facilities then included in the Transmission System. If Vernon makes such payment to Edison, Edison shall dismantle the 66 kV Lines and Metering Facilities identified in Attachments A and B within six months of such payment.
6. TRANSMISSION SERVICE:
6.1. Beginning on the effective date of this Agreement and continuing until termination of this Agreement, Edison shall provide firm bidirectional Transmission Service over its Transmission System for the transportation of Generation between the Laguna Bell 220 kV Interconnection Point and the Point of Interconnection in accordance with this Agreement. The amount of firm Transmission Service provided for in this Agreement is the maximum electrical energy transfer ability of the Transmission System under operating conditions existing at the time and in accordance with Good Utility Practice.
6.2. During the term of this Agreement, except for those shared facilities (see -Use
Customers and to Vernon, the Transmission System shall be reserved for e, provided that Edison shall continue to receive energy at the Point of Interconnection from those existing qualifying facilities located within the City of Vernon that are under contract to sell power to Edison as of the date of execution of this Agreement and to have such energy delivered pursuant to such existing contract at the Laguna Bell 220 kV Interconnection Point with no charges thereof or from Vernon.
6.3. Edison is not responsible for providing real power losses associated with Transmission Service under this Agreement. The Vernon revenue meters at Laguna Bell shall be compensated to the Laguna Bell 220 kV Interconnection Point in accordance with Section 9.
6.4. Transmission Service made available pursuant to this Agreement may be interrupted or curtailed in accordance with Section 11.
6.5. Edison shall plan, construct, operate and maintain its Transmission System in accordance with Good Utility Practice in order to provide Vernon with Transmission Service. Edison shall include Wholesale Transmission Load and Generation in its Transmission System planning and shall, consistent with Good Utility Practice, endeavor to construct and place into service sufficient Transmission System facilities consistent with this Agreement. In the event Edison is prevented from constructing such facilities, Vernon shall have the right to construct them.
7. ANCILLARY SERVICES:
Vernon shall be responsible to provide or cause to be provided Ancillary Services as required by the ISO.
8. SCHEDULING:
Vernon shall submit to the ISO in accordance with the requirements set forth in the ISO contracts and Transmission Service.
9. METER COMPENSATION:
9.1. The Vernon revenue meters are currently compensated to the Point of Interconnection. On the Effective Date of this Agreement, the compensation of the meters shall be changed to the Laguna Bell 220 kV Interconnection Point.
9.2. The amount of compensation to be applied to the metering to compensate it to the Laguna Bell 220 kV Interconnection Point shall be .335 percent. Such percentage shall be subject to change from time to time pursuant to Section 17.3.
9.3. Vernon shall have the option to require Edison to install new revenue meters capable of compensating for losses using real-time losses and a loss formula.
Vernon shall pay for all costs associated with the purchase and installation of such meters and associated communications equipment. If such meters are installed, the loss formula to be used shall be filed with the FERC in accordance with Section 17.3.
10. OPERATING ARRANGEMENTS:
10.1. Vernon shall plan, construct, operate and maintain its facilities in accordance with Good Utility Practice.
10.2. Vernon shall maintain its power factor at the Laguna Bell 220 kV Interconnection Point within the range required by the ISO Tariff for loads connected to
recorded real power (watts) and reactive power (vars) flows compensated to the power factor correction devices located at Laguna Bell Substation. The amount of vars from the power factor correction devices shall be the amount necessary wer factor correction
correction devices is initially 54.6 megavars.
10.3. Metering and Communications Equipment:
10.3.1. Edison shall install, own, and maintain revenue quality meters to measure and record real power (watts) and reactive power (vars) (collectively, the meet
the requirements of the ISO.
10.3.2. Generation located in Vernon for delivery to the ISO Grid shall be added to such meter data, without compensation for losses.
10.3.3. The ISO-Approved Meters shall be tested by Edison as required by the ISO Tariff. Edison shall notify Vernon at least 3 business days in advance of any meter test unless required on shorter notice by the ISO. Vernon shall be afforded the opportunity to be present during any meter test.
Edison shall immediately repair, adjust, or replace any meter or associated equipment found to be defective or inaccurate and shall attempt to notify Vernon of such required work prior to such work.
10.3.4. Vernon and Edison shall install communications facilities, equipment, and Vernon municipal boundaries and Wholesale Transmission Load connected to the Transmission System, to exchange data, and for any other purpose as reasonably required to implement the provisions of this Agreement in accordance with Good Utility Practice.
10.3.5. All metering, communications, and data exchanges required to implement this Agreement shall be automated to the greatest extent practical. The Operating Representatives as defined in Section 10.5 shall coordinate standards and specifications for metering and communications equipment as well as any related hardware and software required to implement this Agreement, provided such metering and communications equipment and existing or planned facilities or software, meet all applicable ISO, Western Utility Practice.
10.3.6. Vernon shall procure, install and maintain, at its sole expense, communications equipment, and any related hardware and software required to be installed on its system in accordance with this Agreement.
This obligation shall include without limitation, the maintenance, repair and testing of the Vernon MGS Communications Facilities in accordance with Attachment C of this Agreement. Vernon shall reimburse Edison for all reasonable expenses incurred by Edison for any metering and communications equipment and related hardware and software, including any reasonable modifications to existing facilities or software required for Edison to provide service in accordance with this Agreement. Except as provided in Sections 9.3, any additions, replacements or improvements to such Edison facilities shall be recovered in accordance with Sections 13.1 and 17.2.
10.4. ission Load:
10.4.1. Vernon shall keep Edison informed on a timely basis of changes in Wholesale Transmission Load and cooperate in planning any addition to or upgrade of facilities to accommodate load growth or additions. Vernon shall provide to Edison by September 1 of each year a good faith, but nonbinding five year forecast of monthly load requirements and interruptible load.
10.4.2. Edison shall own, operate and maintain all facilities on its side of the Point of Interconnection in accordance with Good Utility Practice. Edison shall operate and maintain protective equipment on its system in accordance with Good Utility Practice.
10.4.3. Vernon shall provide and maintain, at its sole expense, facilities on its side of the Point of Interconnection in accordance with Good Utility Practice.
Vernon shall install protective equipment on its system and take any other
10.4.4. loads required by the ISO
Tariff, and such power factor requires Edison to take corrective actions on its Transmission System, then Edison at its option may install capacitors installation and ongoing ownership costs, provided that Vernon shall first have the opportunity within 120 days after written notice from Edison to installed pursuant to this Section 10.4.4 shall be considered additions or improvements in accordance with Section 17.2. Likewise, if Edison installs power factor correction devices because the power factor associated with the load served through Laguna Bell excluding the Wholesale Transmission Load requires such corrective action, Edison shall be responsible for 100% of the cost.
10.4.5. Edison shall notify Vernon of any scheduled maintenance to any Transmission System facility and shall cooperate with Vernon in taking any Transmission System facility out of service for scheduled maintenance.
10.5. Each Party shall appoint an Operating Representative to facilitate communication between the Parties, exchange data on forecasted Wholesale Transmission Load or Resources located within the municipal boundaries of the City of Vernon necessary for long-term planning, coordinate operating criteria and activities, develop detailed operating procedures as necessary, and address other technical and operational considerations required to implement this Agreement. The Operating Representatives shall not have any authority to modify, amend, terminate, or supersede any provision of this Agreement; or to
10.6. Vernon shall, upon request, provide Edison with such reports and information concerning its operation as are reasonably necessary to enable Edison to operate the Transmission System safely and efficiently.
11. LOAD SHEDDING AND CURTAILMENTS:
11.1. During any period when Edison determines that a constraint exists on all or a portion of its Transmission System, and that such constraint may impair the reliability of its Transmission System, Edison will take actions, consistent with
Good Utility Practice, that are reasonably necessary to maintain the reliability ansmission System.
11.2. System and Edison determines that it is necessary for Edison and Vernon to shed load, or if ordered to shed load by the ISO, the Parties shall shed load in accordance with established non-discriminatory procedures.
11.2.1. Load Shedding shall include any combination of the following: (i) automatic Load Shedding; (ii) manual Load Shedding; and (iii) rotating interruption of customer load. Edison will order Load Shedding to maintain the relative sizes of load served within the area requiring Load Shedding to the extent practicable, unless otherwise required by circumstances beyond the control of Edison or Vernon or unless otherwise directed by the ISO.
11.2.2. Automatic Load Shedding devices will operate without notice. When manual Load Shedding or rotating interruptions are necessary, Edison shall notify Vernon of the required action and Vernon shall comply.
11.2.3. Vernon shall, at its own expense, provide, operate and maintain in service, high-speed, digital underShedding equipment; and (ii) set for the amount of load to be shed, with frequency trips and tripping time as determined by Edison. Edison shall coordinate with Vernon before making necessary modifications to the Load shedding system. Vernon shall, at its expense, make changes to its equipment as required. Vernon shall test and inspect the Load Shedding equipment at least once every two years and promptly provide a written report to Edison of the results of such test. At its own expense, Edison may request a test of the Load Shedding equipment with reasonable cause and notice.
11.3. Notwithstanding any other provisions of this Agreement, Edison reserves the right, consistent with Good Utility Practice and on a not unduly discriminatory purpose of making necessary adjustments to, changes in, or repairs on its lines, substations and facilities, and in cases where the continuance of Transmission Service would endanger persons or property. Edison shall give Vernon as much advance notice as is practicable in the event of such curtailment.
12. 66 KV LINE RESERVATION:
12.1. the Reserve Facilities. Vernon shall provide Edison with written notice of its shall pay the full cost associated with such interconnection, including, but not limited to, the cost of any modifications, upgrades, rearrangements, or additions to Edison facilities required as a result of such interconnection as well as any
metering or communications facilities required. The Parties shall enter into a separate agreement specifying the specific costs and payment terms for such interconnection.
12.2. Upon completion of the interconnection, the Reserve Facilities shall be included as part of the Transmission System.
12.3. Beginning on the effective date of this Agreement, Vernon shall pay to Edison the full revenue requirement associated with the Reserve Facilities. Vernon shall have the right to terminate its reservation of Reserve Facilities on sixty days written notice to Edison, provided such notice is given prior to such termination all payments for Reserve Facilities shall cease.
13. CHARGES:
13.1. For Transmission Service made available by Edison hereunder, Vernon shall pay Edison at an initial rate equal to $22,148 per month. Such initial rate is subject to change pursuant to Section 17.
13.2. For reservation of Reserve Facilities in accordance with Section 12 hereunder, Vernon shall pay Edison at an initial rate equal to $2,521.00 per month. Such initial rate shall be subject to change pursuant to Section 17.3.
13.3. Commencing on the in-service date of the Edison MGS Communications Facilities, Vernon shall pay Edison the MGS Communications Facilities Charge set forth in Attachment C. The MGS Communications Facilities Charge MGS Communications Facilities set forth in Attachment C, and such payments shall be subject to later adjustment, based on actual recorded costs, within twelve (12) months following the completion of the Edison MGS Communications Facilities as follows.
13.3.1. If the amounts paid for the MGS Communications Facilities Charge are less than the amounts due for such facilities as determined from the actual recorded installed cost, Edison will bill Vernon for the difference between the amounts previously paid by Vernon and the amounts which would have been paid based on actual recorded costs, without interest, on the next regular billing.
13.3.2. If the amounts paid for the MGS Communications Facilities Charge are greater than the amounts due for such facilities as determined from the actual recorded installed cost, Edison will credit Vernon the difference between the amounts previously paid by Vernon and the amounts which would have been paid based on actual recorded costs, without interest, on the next regular billing.
13.4. Commencing on the in-service date of the Additional Interconnection Project Facilities, Vernon shall pay Edison the Additional Interconnection Project
Facilities Charge set forth in Attachment D. The Additional Interconnection of the cost of the Additional Interconnection Project Facilities set forth in Attachment D, and such payments shall be subject to later adjustment, based on actual recorded costs, within twelve (12) months following the completion of the Additional Interconnection Project Facilities as follows.
13.4.1. If the amounts paid for the Additional Interconnection Project Facilities Charge are less than the amounts due for such facilities as determined from the actual recorded installed cost, Edison will bill Vernon for the difference between the amounts previously paid by Vernon and the amounts which would have been paid based on actual recorded costs, without interest, on the next regular billing.
13.4.2. If the amounts paid for the Additional Interconnection Project Facilities Charge are greater than the amounts due for such facilities as determined from the actual recorded installed cost, Edison will credit Vernon the difference between the amounts previously paid by Vernon and the amounts which would have been paid based on actual recorded costs, without interest, on the next regular billing.
14. BILLING AND PAYMENT:
14.1. On or before the first day of each month, Edison shall render bills to Vernon for the charges provided for in Section 13. Vernon shall pay such bills by the 20th day of such month.
14.2. Payments as required by Section 14.1, which are not made in full by Vernon by said due date shall thereafter accrue interest at the rate of ten (10) percent per annum, or the maximum amount which is otherwise legally authorized, whichever is less, of the unpaid balance prorated by days until payment is made.
14.3. In the event Vernon desires to dispute all or any part of any bill submitted by Edison pursuant to this Agreement, Vernon shall nevertheless pay the full amount of the bill when due. Vernon shall give notification in writing stating the grounds for the dispute and the amount in dispute. Interest at ten (10) percent per annum, or the maximum amount which is otherwise legally authorized, whichever is less, shall be added to the adjustment upon settlement of the dispute.
15. FORCE MAJEURE:
An event of Force Majeure means any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any Curtailment, order, regulation or restriction imposed by governmental military or lawfully established civilian authorities, or any other cause
gligence or
intentional wrongdoing. Neither Edison nor Vernon will be considered in default as to any obligation under this Agreement if prevented from fulfilling the obligation due to an event of Force Majeure. However, a Party whose performance under this Agreement is hindered by an event of Force Majeure shall make all reasonable efforts to perform its obligations under this Agreement.
16. INDEMNIFICATION:
Vernon shall at all times indemnify, defend and save Edison harmless from, any and all damages, losses, claims, including claims and actions relating to injury to or death of any person or damage to property, demands, suits, recoveries, costs and expenses, court costs, attorney fees and all other obligations by or to third parties, arising out of or resulting except in cases of negligence or intentional wrongdoing by Edison.
17. REGULATORY AUTHORITY:
17.1. Edison shall tender this Agreement for filing with the Commission in a timely manner and Vernon shall support Edison in obtaining all necessary authorizations and approvals for this Agreement.
17.2. It is understood that the initial rate for Transmission Service specified in Section 13.1 is $23,250 per month. Neither Party shall file with the Commission for a Transmission Service rate change to be effective prior to January 1, 2008, provided, however, that Edison may file to begin recovering the full incremental revenue requirement allocable to Vernon for any additions, replacements, or improvements to the Transmission System made after the effective date of this Agreement provided such rate shall not be effective prior incremental revenue requirement allocable to Vernon for any such additions, replacements, or improvements in such filing. In the context here, the quantification of incremental revenue requirement shall reflect any appropriate offsets for the amount of revenue requirement associated with any facilities that are removed from service due to such additions, replacements, or improvements. Certain metering facilities have been removed and replaced with ISO-Approved Meters, resulting in a revised rate of $22,148 for Transmission Service, effective March 9, 2006.
17.3. Except as otherwise provided in Section 17.2, nothing contained herein shall be construed as affecting in any way: (i) the right of Edison, in furnishing Transmission Service hereunder, to unilaterally make filings with the Commission for a change in rates (including without limitation transmission losses), and charges under Section 205 of the Federal Power Act and pursuant to the rules and regulations promulgated by the Commission thereunder; (ii) the right of Vernon to oppose such changes under Section 205 of the Federal Power
Act; (iii) the right of Vernon to file a complaint requesting a change in rates (including transmission losses), or charges under Section 206 of the Federal Power Act and pursuant to the rules and regulations promulgated by the Commission thereunder; or (iv) the right of Edison to oppose such change requested by Vernon under Section 206 of the Federal Power Act.
17.4. Vernon shall reimburse Edison for all fees and charges imposed on Edison by the Commission attributable to the service provided under this Agreement or amendments thereto including, but not limited to, the portion of the annual ice.
18. DISPUTE RESOLUTION PROCEDURES:
Any dispute between Vernon and Edison involving this Agreement shall be referred to a designated senior representative of Edison and a senior representative of Vernon for resolution on an informal basis as promptly as practicable. In the event the designated representatives are unable to resolve the dispute within thirty (30) days by mutual agreement, such dispute may be submitted to arbitration and resolved in accordance with the arbitration procedures set forth below.
18.1. Any arbitration initiated under this Agreement shall be conducted before a single neutral arbitrator appointed by the Parties. If the Parties fail to agree upon a single arbitrator within ten (10) days of the referral of the dispute to arbitration, each Party shall choose one arbitrator who shall sit on a threemember arbitration panel. The two arbitrators so chosen shall within twenty (20) days select a third arbitrator to chair the arbitration panel. In either case, the arbitrators shall be knowledgeable in electric utility matters, including electric transmission, and bulk power issues, and shall not have any current or past substantial business or financial relationships with any party to the arbitration (except prior arbitration). The arbitrator(s) shall provide each of the Parties an opportunity to be heard, and, except as otherwise provided herein, shall generally conduct the arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and any applicable Commission regulations.
18.2. Unless otherwise agreed, the arbitrator(s) shall render a decision within ninety (90) days of appointment and shall notify the Parties in writing of such decision and the reasons therefore. The arbitrator(s) shall be authorized only to interpret and apply the provisions of this Agreement and shall have no power to modify or change any of the above in any manner. The decision of the arbitrator(s) shall be final and binding upon the Parties, and judgment on the award may be entered in any court having jurisdiction. The decision of the arbitrator(s) may be appealed solely on the grounds that the conduct of the arbitrator(s), or the decision itself, violated the standards set forth in the Federal Arbitration Act and/or the Administrative Dispute Resolution Act. The final decision of the
arbitrator must also be filed with the Commission if it affects jurisdictional rates, terms and conditions of service or facilities.
18.3. Each Party shall be responsible for its own costs incurred during the arbitration process and for the following costs, if applicable:
a. the cost of the arbitrator chosen by the Party to sit on the three member panel and one half of the cost of the third arbitrator chosen; or b. one half of the cost of the single arbitrator jointly chosen by the Parties.
18.4. Nothing in this Section 18 shall restrict the rights of any party to file a complaint with the Commission under relevant provisions of the Federal Power Act.
19. NO DEDICATION OF FACILITIES:
Any undertaking by one Party to the other Party under any provision of this Agreement shall not constitute the dedication of the system or any portion thereof of the Party to the public or to the other Party, and it is understood and agreed that any such undertaking under any provision of this Agreement by a Party shall cease upon the termination of its obligations hereunder.
20. NO THIRD PARTY RIGHTS:
Unless otherwise specifically provided in this Agreement, the Parties do not intend to create rights in or to grant remedies to any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established hereunder.
21. SALE OR ASSIGNMENT OF TRANSMISSION SERVICE:
21.1. Vernon may sell or assign to a Third Party all or a portion of its rights to Transmission Service provided pursuant to this Agreement. Any sale or assignment by Vernon may be for a term coextensive with the term of this Agreement or any lesser term. Vernon shall be responsible for scheduling all transactions involving sales of Transmission Service.
21.2. Any assignment by Vernon of its interest in this Agreement which is made without the written consent of Edison shall not relieve Vernon from its primary liability for any of its duties and obligations hereunder, and in the event of any such assignment, Vernon shall continue to remain primarily liable for payment of any and all money due Edison hereunder and for the performance and observance of all other covenants, duties, and obligations to be performed and observed hereunder by it to the same extent as though no assignment had been made.
21.3. writing the duties and obligations hereunder of Vernon and, within thirty (30)
calendar days after any such assignment and assumption of duties and obligations, Vernon shall furnish or cause to be furnished to Edison a true and correct copy of such assignment and assumption of duties and obligations.
21.4. Any sale of Transmission Service by Vernon shall not relieve Vernon from its primary liability for any of its duties and obligations hereunder, and in the event of any such sale, Vernon shall continue to remain primarily liable for payment of any and all money due Edison hereunder, and for the performance and observance of all other covenants, duties, and obligations to be performed and observed hereunder by it to the same extent as though no sale had been made.
21.5. partial novation of this Agreement. If Edison, in its sole determination, consents to a novation, the Parties shall amend this Agreement to reflect the substitution provision of this Agreement as necessary to accommodate the novation. Such an amendment shall be filed with the Commission, and after acceptance for filing without changes unacceptable to either Party, shall relieve Vernon of its duties and obligations to Edison hereunder to the extent of the assignment.
21.6. Vernon may assign or transfer any right or interest in this Agreement, in whole or in part, to a joint powers agency, or to any other entity or person as security for its present and future bonds or other obligations and securities, provided that the assignment of a right or interest as security shall not confer upon the assignee or transferee the rights to utilize the Transmission Service except to the extent that the assignee or transferee provides service to a Third Party in accordance with this Agreement.
22. RELATIONSHIP OF PARTIES:
The covenants, obligations, and liabilities of the Parties are intended to be several and not joint or collective, and nothing contained in this Agreement shall ever be construed to create an association, joint venture, trust, or partnership or to impose a trust or partnership covenant, obligation, or liability on or with regard to either Party. Each Party shall be individually responsible for its own covenants, obligations, and liabilities as provided in this Agreement. Neither Party shall be under the control of or shall be deemed to control the other Party. Neither Party shall be the agent of or have a right or
23. SERVICE CONDITIONS:
No provision, or lack of any specific provision, in this Agreement shall be deemed by the Commission or either Party as being a precedent in any existing or future negotiations among the Parties, or in any existing or future litigation except to the extent specifically stated herein. Moreover, no provision (or lack of a provision) of this Agreement shall be used by the Commission or either Party as support for the reasonableness of any position or proposal in dispute in any existing or future arbitration, regulatory proceeding, or other litigation.
24. NON-WAIVER:
Any waiver at any time by either Party of its rights with respect to a default under this Agreement, or with respect to any other matter arising in connection with this Agreement, shall not be deemed a waiver with respect to any other default or matter arising in connection therewith. Any delay, short of any statutory period of limitation, in asserting or enforcing any right, shall not be deemed a waiver of such right.
25. SOLE JUDGMENT OR DETERMINATION:
Where the terms of this Agreement provide for an action to be based on the sole judgment or determination of either Party, such sole judgment or determination will be exercised in good faith and in accordance with Good Utility Practice.
26. EFFECT OF SECTION HEADINGS:
Section headings appearing in this Agreement are inserted for convenience only and shall not be construed as interpretations of text.
27. GOVERNING LAW:
This Agreement shall be interpreted, governed by, and construed under the laws of the State of California or the laws of the United States, as applicable, as if executed and to be performed wholly within the State of California.
28. NOTICES:
Any notice, demand or request provided for in this Agreement, or served, given, or made in connection with it, shall be in writing and shall be deemed properly served, given, or made if delivered in person or sent by United States mail, postage prepaid, to the persons specified below unless otherwise provided for in this Agreement:
Southern California Edison Company
Director of Grid Contracts
P.O. Box 800
Rosemead, California 91770
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Attention: City Administrator/City Clerk
Either Party may at any time, by notice to the other Party, change the designation or address of the person so specified as the one to receive notices pursuant to this Agreement.
29. SIGNATURE CLAUSE:
The signatories hereto represent that they have been duly authorized to enter into this Agreement on behalf of the Party for which they sign.
SOUTHERN CALIFORNIA EDISON
COMPANY
CITY OF VERNON
By: /s/ Vikram S. Budhraja By: /s/ Leonis C. Malburg
Name: Vikram S. Budhraja Name: Leonis C. Malburg
Title: Senior Vice President Title: Mayor
Date: Sept. 16, 1997
ATTACHMENT A
LIST OF FACILITIES
ATTACHMENT A
SOUTHERN CALIFORNIA EDISION COMPANY
Non-ISO Facilities Assigned to
City of Vernon*
Description Quantity
Direct Assigned Facilities
Laguna Bell Substation:
66 kV Line Position with 2 circuit breakers each 5
66 kV Lines:
Laguna Bell-Leonis-Owill 1
Laguna Bell-Leonis-Vernon 1
Laguna Bell-Growgen-Leonis 1
Laguna Bell-Container-Pulpgen-Vernon 1
Laguna Bell-Coldgen-Leonis 1
Metering Facilities:
66-kV Potential Transformers (2 per line) 10
66-kVCurrent Transformers (2 per line) 10
Line Loss Compensators (1 per line) 5
ISO-Approved Meters 5
ISO Communication Equipment
(Router, DSU, Fiber Optics Circuit Protection Unit) 1
Shared Facilities**
Laguna Bell Substation:
220 kV Bank Position with 2 circuit breakers each 2
220/66 kV Transformer Bank 2
66 kV Bank Position with 2 circuit breakers each 2
66 kV Sectionalizer 2
66 kV Capacitor Bank with 1 circuit breaker 2
66 kV Condenser with 2 circuit breakers each 2
* Includes the facilities in service as of the effective date of the Laguna Bell Interconnection Service Agreement for which Vernon paid Edison $23,250 per month through March 8, 2006 pursuant to Sections 13.1 and 17.2 of the agreement and $22,148 per month, effective March 9, 2006, to reflect installation of ISO-Approved Meters.
ATTACHMENT B
MAP OF RESERVE FACILITIES
ATTACHMENT B
MAP OF RESERVE FACILITIES
ATTACHMENT C
MALBURG GENERATION STATION
COMMUNICATIONS FACILITIES
ATTACHMENT C
MALBURG GENERATION STATION COMMUNICATIONS FACILITIES
A. Description of Facilities:
(1) The Edison MGS Communications Facilities include the facilities from the Power Management System required for Vernon to provide real-time data from (2) The Vernon MGS Communications Facilities include the remote terminal unit (RTU) located at the MGS and the associated communications facilities from the MGS to the demarcation point at the communication terminal cabinet at Leonis Substation required for Vernon to provide real-time data from the Malburg .
B. Maintenance, Repair and Testing of the Vernon MGS Communications Facilities:
The maintenance, repair and testing of the Vernon MGS Communications Facilities shall be as follows:
(1) Vernon shall repair or replace the Vernon MGS Communications Facilities, or portions thereof as applicable, within five (5) business days after such facilities are found to be defective. Vernon shall immediately notify Edison of such defective facilities.
(2) Vernon shall be responsible for the data integrity of the MW, MVAR, kV, circuit breaker status and applicable alarms and shall correct any inaccurate input points within five (5) business days after such data are found to be inaccurate. Vernon shall immediately notify Edison of such inaccurate data. (3) Vernon shall test and certify the RTU at least once a year. Edison shall be afforded the opportunity to be present during any RTU test. (4) During any time that the Vernon MGS Communication Facilities are not in operat
(5) If Vernon fails to meet the requirements of Items B.(1) and B.(2) above, Edison shall have the right to inspect and repair or replace the defective portions of the Vernon MGS Communications Fa
C. Vernon Contact Information: Vernon shall provide a current list of names and phone numbers of the knowledgeable individuals who may be contacted 24 hours a day, 7 days a week in case of problems associated with the Vernon MGS Communications the contact information within five (5) business days of such change.
D. MGS Communications Facilities Charge:
Effective Date
CustomerFinanced
Monthly
Rate
Estimated Cost
of Edison MGS
Communications
Facilities
MGS
Communications
Facilities Charge
Based on
Estimated Cost
Actual Cost of
Edison MGS
Communications
Facilities
MGS
Communications
Facilities Charge
Based on Actual
Cost
In-Service Date
of Edison MGS
Communications
Facilities 0.33% $40,400.00 $133.32 $0 $0
ATTACHMENT D
ADDITIONAL INTERCONNECTION
PROJECT FACILITIES
ATTACHMENT D
ADDITIONAL INTERCONNECTION PROJECT FACILITIES
A. Description of Facilities: The Additional Interconnection Project Facilities include the following:
(1) Laguna Bell Substation
Line protection relay upgrades on the existing 66 kV Position 33 to allow the existing Leonis No. 1 66 kV line to be changed to the new Leonis New Sub 66 kV line.
Reconfigured 66 kV Position 3 HCB communication circuit from two to three terminals and one 50W variable resistor for pilot wire communication. (2) 66 kV Line
Newly configured Laguna Bell Leonis New Sub 66 kV line to serve the new station, including two new wood poles, approximately 200 circuit feet of 653 ACSR conductors, 3 KPF pole top switches and new polymer insulators at various locations along the Laguna bell Leonis No. 1 66 kV line.
B. Transmission Service:
Following the in-service date of the Additional Interconnection Project Facilities, Edison shall provide Transmission Service over these facilities in accordance with Section 6 of the Agreement.
C: Additional Interconnection Project Facilities Charge:
Effective Date
CustomerFinanced
Monthly
Rate
Estimated Cost
of Additional
Interconnection
Project
Facilities
Additional
Interconnection
Project
Facilities
Charge Based
on Estimated
Cost
Actual Cost of
Additional
Interconnection
Project
Facilities
Additional
Interconnection
Project
Facilities
Charge Based
on Actual Cost
September 1,
2006 to 4/3/09 0.33% $162,550.00 $536.41 $191,957.86 $633.46 4/4/09
12/31/12
0.38% - - $191,957.86 $729.44
1/1/13
12/31/15
0.39% - - $191,957.86 $748.64
1/1/16 - 7/25/19 0.38% - - $191,957.86 $729.44
7/26/2019 and
after
0.34% $191,957.86 $652.66
ATTACHMENT E
DESCRIPTION OF MGS
Attachment E Description of MGS
Malburg
Generation Station (MGS) located in the City of Vernon, California, as disclosed by Vernon in its WDT1732 Interconnection Request and as summarized below:
1. Generating Facility General Information pursuant to the WDT1732 Interconnection Request
Description: (i) two (2) GBA 1250 LG Gas Turbine GTX 100 units and one (1) GBA 1250 LG Steam Turbine unit with a rated output of 50000 kVA and 58800 kVA respectively with a planned output of 44.0 MW and 51 MW for a combined gross rated output of 139.0 MW of Gas and Steam Turbine as measured at the generator terminals, (ii) three (3) unique main transformers rated with an impedance of 7.0% on a 33.6 MVA base, 7.1% on a 33.6 MVA base, and 6.1% on a 37.5 MVA base, (iii) the associated infrastructure (iv) meters and metering equipment, (v) appropriate amount of static and dynamic reactive resources to provide for the 0.95 power factor (PF) requirements as outlined in FERC Order 827; these PF requirements must be satisfied under all ambient temperature conditions at the Generating Facility, and (vi) appurtenant equipment.
Generating Facility Output Generation Detail
Total rated (gross) capacity at generator/inverter terminals: 50, 50, 58.8 MW at 1.00 PF Total of 158.8 MW at 1.00 PF
Total net capability at high-side of main step-up
transformer(s):
56,56,70 MW
Total net capacity at high-side of main step-up
transformer(s):
44, 44, 51 MW (Total = 139
MW)
2. General sketch of the interconnection of MGS
3. Graphic representation of the location of MGS
Envelope Id: 629D1DE7BF8441AE953B32317E45E463 Status: Sent Subject: SCE Request for Signature of EAK048 ISA Amendment Custom Envelope Field: EAK
Source Envelope:
Document Pages: 68 Signatures: 1 Envelope Originator:
Certificate Pages: 5 Initials: 0 Annette Ramos
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
P.O. Box 700
Rosemead, CA 91770
[email protected]
IP Address: 163.116.132.118
Status: Original
4/21/2022 3:46:36 PM
Holder: Annette Ramos
[email protected]
Location: DocuSign
Greg Ferree
[email protected]
VP, Vegetation, Inspections & Ops Services
Southern California Edison Company
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Signed by link sent to [email protected]
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Annette Ramos
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APP2
SCE
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