snohomish co pud - comprehensive tariff book

8/8/2019 Snohomish Co PUD - Comprehensive Tariff Book

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Rates and Tariffs Electr ic Utility Rates

ELECTRIC UTILITY RATES

Schedule 7 Residential Service.

Schedule 20 General Service Medium Load.

Schedule 23 Special Continuous Service.Schedule 24 Time of Use General Service.

Schedule 25 General Service Small Load.Schedule 35 Primary Service.Schedule 36 Large Primary Service.

Schedule 37 New Large Single Loads.

Schedule 38 Large 115 kV Service.Schedule 50 Market-based Service.

Schedule 80 Renewable Energy Program (Green Blocks).

Schedule 81 Renewable Energy Program (Planet Power).Schedule 82 Adjustments.

Schedule 90 Cogeneration and Small Power Production Purchases From

Facilities Smaller Than 100kW.Schedule 200 Net Metering Program.

. Schedule 210 Demand Exchange.


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SCHEDULE 7 ---- RESIDENTIAL SERVICE (BILLING RATES)

The rates below are for the Billing Department to bill the residential customers only. They are not the

actual tariff. These rates have been adjusted by applying the BPA Residential Exchange Credits that

reflect the benefits the District receives (please refer to Rate Schedule 7-- Section (7)). Please note that

these rates may change from time to time depending on any change of the BPA Residential Exchange

Benefits.

MONTHLY RATE.

(a) Regular Schedule 7 Customers.

April through September 8.038 cents per kWh

October through March 8.362 cents per kWh

or 45 cents per day, whichever is greater.

(b) Low-Income Senior Citizens.




(c) Other Low Income Citizens.




_________________________________________________________________________

Mike McMahon Senior Manager, Rates, Economics & Energy Risk Management

__________________________________________________________________________Date

Effective Date: October 1, 2009


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Rates and Tariffs Electric Service

Rate Schedule 7 Page 1

SCHEDULE 7----RESID ENTIAL SERVICE.

(1) AVAILABILITY. This schedu le is available in a ll territory served by the

District for residen tial service. To be eligible for residen tial service, a facility must have

no more than tw o dw elling un its on a single meter and all facilities or structures mu st

be related to or intended for human habitation. This sched ule is also available for

incidental farm service wh en used in conjun ction w ith such residential service on the

same p remises. The following rates will be in effect throu gh the dates indicated below,

un less amended by the Commission.

(2) TYPE OF SERVICE. Sixty-hertz alternating cur rent. The District reserves

the right of final determination of voltage and ph ase of service.

(3) MONTHLY RATE.

(a) Schedule 7 Customers.

April throu gh Septem ber 8.319 cents per kWh

October throu gh March 8.643 cents per kWh

or 46 cents per d ay, whichever is greater.

(b) Low -Income Senior Citizens. A low-income senior citizen is a person

wh o is 62 years of age or older and wh ose total combined disposable income,

includ ing tha t of his or her sp ouse or co-tenant, does not exceed $25,988. The

terms combined disposable income, disposable income and co -tenant have

the meanings set forth in RCW 84.36.383(4), (5) and (6), as they may be am end ed ,

except that the term assessment year as used therein shall mean the calendar

year preceding that during which the redu ced rate is requested. Low -income

senior citizens wh ose comp leted app lication has been app roved by the District

are eligible for the following reduced rates:




Less the following red uctions from the total bill beginning

January 1, 2009:

$ 0 - $ 8,663 combined d isposable income - 60% red uction

$ 8,664 - $17,325 combined d isposable income - 40% red uction

$17,326 - $25,988 combined disposable income - 20% reduction


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On Januar y 1, 2009 and its anniversaries, the m aximum total combined

disposable income used in the d efinition of a low -income senior citizen, and

the upp er and lower combined disposable income criteria for the three

discount levels shall be ad justed to reflect cost of living ad justm ents to that years

Social Security and Supplemen tal Security Income (SSI) benefits. The annual

Cost-of-Living Adjustm ent (COLA) to Social Security and Sup plemental

Security Income (SSI) benefits, a percentage, published by th e Un ited States

Social Security Administration shall be used to comp ute these adjustm ents. The

adjusted maximum total combined d isposable income to be used in the

definition of a low -income senior citizen shall be comp uted by increasing or

decreasing the maximum amou nt then in effect by the COLA and round ing the

result to the nearest dollar. For each of the combined d isposable income

criteria for the th ree discount levels, the ad justed up per criterion shall becomputed by increasing or d ecreasing the criterion then in effect by the COLA

and rou nding the result to the nearest dollar. The adjusted m aximu m total

combined disposable income and the ad justed combined disposable income

criteria shall be effective January 1stof that year.

(c) Other Low Income Citizens. An Other low income citizen m eans a person

whose household income d oes not exceed one h undred twenty -five percent of

the federally established p overty level. Other low-income citizens whose

completed applications have been app roved by the District are eligible for the

following reduced rates:




Less the following red uctions from the total bill beginning

October 1, 2002:

Household income between 0% and 75% of federally

established poverty level - 60% redu ction

Household income between 76% and 100% of federallyestablished poverty level - 40% redu ction

Household income between 101% and 125% of federally

established poverty level - 20% redu ction


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(4) TERMS OF SERVICE. SERVICE UNDER THIS SCHEDULE IS SUBJECT TO

THE LIMITATIONS ON LIABILITY AND OTHER TERMS AND CONDITION S OF

SERVICE SPECIFIED IN THE DISTRICT'S ELECTRIC SERVICE REGULATIONS AND

RATE SCHEDULE 82.

(5) TAX ADDITIONS. The above rates are subject to p roportional increases to

compensate for any gross revenue tax imposed by an y mu nicipal body or other

governmental body having jurisdiction upon the District.

(6) BPA COST ADJUSTMENT. From time to time the Bonneville Power

Administration ("BPA") adjusts its wholesale pow er and transmission ra te to the

District. At the d iscretion of the Com mission, the r ates in this Schedu le may be ad justed

to reflect BPA rate ad justm ents, either u p or d own, on the same date t he BPA rate

changes become effective. The ad justed rate will be developed by incorporating theBPA cost change into the Electric Cost of Service Model and rate design policies

adop ted by the Comm ission in the most recent rate p roceeding.

(7) BPA RESIDENTIAL EXCHANGE BENEFITS. BPA is au thorized to offer

Residential Exchan ge ben efits to eligible u tilities, which benefits m ust be passed

throu gh to the utilitys residential and sm all farm customers. To the extent th e District

obtains Residen tial Exchange benefits in any given BPA rate period , the rates in this

Schedu le will be ad justed by applying credits that reflect the benefits the District

receives.

Effective Date: January 1, 2010.

[ Res. No. 547 0 (20 09) ; History: 5450 ( 200 9); 544 0 (20 09) ; 541 8 (20 09) ; COLA (20 09) ; 533 9 (20 08) ;5067 (2002) ; 5043 (2002); 5011 (2001); 4973(2001); 4963 (2000); 4925 (2000); 4861 (1999);4848 (1999) ; 4835 (1999); 4774 (1998); 4666 (1997); 4600 (1997); 4532 (1996); 4366 (1995);4146 (1994) ; 4010 (1993); 3984 (1993); 3908 (1993); 3826 (1992); 3644 (1991); 3405 (19 90);3386 (1990) ; 3284 (1989); 3283 (1989); 3281 (1989); 3169 (1988); 3104 (1987); 2969 (1986);2881 (1985) ; 2879 (1985); 2806 (1984); 2726 (1983); 2715 (1983); 2704 (1983); 2684 (1983);2644 (1982) ; 2528 (1981); 2509 (1981); 2459 (1981); 2445 (1980); 2442 (1980); 2436 (1980);2426 (1980) ; 2345 (1979); 2202 (1978); 1996 (1975); 1392 (1966); 1371 (1966); 795 (1957)]


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SCHEDULE 20 GENERAL SERVICEMEDIUM LOAD.

(1) AVAILABILITY; CONTRACT TERM. This sched ule (this Schedule)is available in all territory served by th e District for comm ercial, ind ustrial,

governmental, institutional, agricultural, and multiple residential customers whose

actual Billing Dem and was at least 100 kW once du ring the most recent tw elve

consecutive months, or wh ose estimated future Billing Demand , as estimated by the

District, is at least 100 kW for one or more mon ths dur ing the tw elve consecutive

months following commencement of service under this schedule, or whose actual

energy u sage was at least 30,000 kWh p er month on ce during the m ost recent twelve

consecutive months.

The District may, in its sole d iscretion, require the Custom er to execute a contract

(the Customer Contract) as a condition of receiving serv ice und er this Rate Schedu le20 if the Cu stomer r eceives service from the District at the pr imary voltage level, wh ere

the District has p rovided special und ertakings to the Customer, or in other

circumstances where the District jud ges that a contract may be prud ent. Unless

otherw ise specified in the Custom er Contract, such contract will commence on its

effective date and will, un less earlier terminated in accordan ce with the provisions of

the Customer Contract, continue until such time as the Custom er no longer receives

service und er this Rate Schedule or the Customer Contract is terminated by m utu al

agreement of the District and the Customer.

This schedu le is not av ailable for stand -by service, partial requirements service

or service to seasonally disconnected loads w ith the exception of that por tion of a load

participa ting in the Districts Net Metering Program. The portion of a customer s load

participa ting in the Districts Net M etering Program, defined as the namep late capacity

of the electric generator iden tified in the custom ers Net Metering Agreement with the

District, shall be eligible for service under this schedule.

This schedu le does not apply to a New Large Single Load as defined in Rate

Schedu le 37. Such load s shall be served u nd er Rate Schedu le 37 - New Large Single

Loads.

Service under this Schedule is subject to the terms and conditions of thisSchedule, Rate Schedule 82, the Customer Contract and the Districts Electric Service

Regulations. All capitalized terms used but not defined herein will have the respective

mean ing set forth in the Customer Contract or the other Customer Service Docum ents.

(2) TYPE OF SERVICE. Service is sixty Hertz alternating current delivered to

one Point of Delivery. The District reserves the right of final determination of voltage


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and ph ase of service. Where mu tually agreeable to the custom er and the District, and at

the option of the District, as indicated in Section 3.5 of the Customer Contract, service

may be metered on the primary side of the d istribution transformer.

(3) RATE. The mon thly charges shall be the greater of: (i) the Regular Charge or,

(ii) the Minimu m Charge:

(i). Regular Charge. The Regular Charge is the sum of the

Custom er Charge: 31 cents per day,

plus

Monthly Demand Charge:Demand

First 100 kW p er

month of Billing

Demand

All kW over 100 kW

per mon th of Billing

Demand

Janu ary through December $0 per kW - mon th $3.82 per kW - mon th

plus

Monthly Energy Charge: Energy

First 30,000 kWh per

month

All kWh over 30,000

kWh per month

October throu gh March 7.92 cents per kWh 6.37 cents per kWh

April throu gh September 7.09 cents per kWh 5.45 cents per kWh

(ii) Minimum Charge. The Minimum Charge shall be 48 cents per d ay p lus

2.104 cents p er kW per day for all connected load in excess of 10 kW.

(iii) Tax Additions. The above rates are subject to prop ortional increases to


govern men tal body having jur isd iction up on the District or to adjust for any other taxes

as specified in Section 7 of Rate Schedule 82.


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(4) LIMITATIONS OF LIABILITY, AD JUSTMENTS, AN D AD DITION AL

TERMS OF SERVICE. SERVICE UN DER THIS RATE SCH EDULE IS SUBJECT TO

THE TERMS, CON DITIONS, LIMITATIONS OF LIABILITY, AN D ADJUSTMENTS TO

RATES AND BILLING DEMANDS SET FORTH IN RATE SCHEDULE 82

ADJUSTMENTS, TERMS AND CONDITIONS OF SERVICE, AND LIMITATIONS OF

LIABLITY.

(5) TRANSFER TO OTHER RATE SCHEDULES. A customer receiving

service under this rate sched ule whose electric pow er usage falls below the usage

criteria in Section (1) above sha ll be transferred to anoth er Rate Schedu le for w hich it

qualifies as soon as is practical. Upon th e expiration of the Term or earlier termination

of any of the Cu stomer Service Documents for any reason, the Cu stomer sha ll, if it

requ ires continu ed electric service, commence taking service under the then -applicable

retail tariff prescribed by the District for firm serv ice to customers in its class; provided,how ever, that any su ch service shall be subject to availability.


Administration ("BPA") adjusts its wholesale pow er and transmission ra tes to the

District. At the d iscretion of the Commission, the rates in this Schedu le may be

ad justed to reflect BPA rate ad justm ents, either u p or down, on the same date the BPA

rate changes become effective. The ad justed rate w ill be developed by incorpora ting the

BPA cost change into the Electric Cost of Service Model and rate design policies

adop ted by the Commission in the m ost recent rate proceeding.


[Res. No. 5470 (2009); History: 5450 (2009); 5440 (2009); 5418 (2009); 5043 (2002); 5023

(2001); 5011 (2001); 4963 (2000);4835 (1999); 4848 (1999); 4600 (1997); 4010 (1993); 3908

(1993); 3405 (1990); 3386 (1990); 2879 (1985); 2726 (1983); 2704 (1983); 2684 (1983); 2644

(1982); 2509 (1981); 2445 (1980); 2442 (1980); 2345 (1979); 2202 (1978); 1996 (1975); 1392

(1966); 1371 (1966); 795 (1957)]


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SCHEDULE 23----SPECIAL CONTINUOUS SERVICE.


District for non metered service to television cable am plifiers, air traffic warn ing lights,

and other such ap plications wh ere metering is deemed impractical by the District.

This schedu le requ ires that customer-owned, fixed load equ ipment be installed

on existing District-owned d istribution facilities.

(2) TYPE OF SERVICE. Sixty hertz alterna ting curren t. The District reserves the

right of final determ ination of voltage and phase of service.

(3) RATE. The month ly billing shall be the sum of the Customer Charge and

Energy Charge.

Custom er Charge: 23 cents per day

Energy Charge:



Energy use shall be compu ted by the following formula:

Equipment w attage rating x hours of operation = kWh

1000

(4) AD JUSTMENTS, LIMITATIONS OF LIABILITY, AN D ADD ITION AL

TERMS OF SERVICE. SERVICE UNDER THIS SCHEDULE IS SUBJECT TO THE

LIMITATIONS ON LIABILITY AND OTHER TERMS AND CONDITIONS OF

SERVICE DEFINED IN THE DISTRICT'S ELECTRIC SERVICE REGULATIONS AND

RATE SCHEDULE 82 -- ADJUSTMENTS, TERMS AN D CONDITIONS OF SERVICE,

AN D LIMITATION S OF LIABILITY.







to reflect BPA rate ad justm ents, either u p or d own, on the same date the BPA rate

changes become effective. The ad justed rate will be developed by incorporating the



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adop ted by the Commission in th e most recent rate proceeding.


[Res. No. 5470 (2009); History: 5450 (2009); 5440 (2009); 5418 (2009); 5043 (2002); 5011

(2001); 4963 (2000); 4848 (1999); 4835 (1999); 4600 (1997); 4010 (1993); 3908 (1993); 3405

(1990); 2879 (1985); 2726 (1983); 2704 (1983); 2684 (1983); 2644 (1982); 2509 (1981); 2445

(1980); 2442 (1980); 2345 (1979); 2202 (1978); 1996 (1975)]


11/45



SCHEDULE 24----TIME OF USE GENERAL SERVICE.

(1) AVAILABILITY. This schedu le is designed for non-residential custom ers

wh o can significantly shift their loads throu ghout the day. Customers must have an

average typical mon thly load demand exceeding 500 kW.

(2) TYPE OF SERVICE. Sixty hertz alterna ting current. The District reserves the

right of final determ ination of voltage and p hase of service. Where mu tua lly

advan tageous to the custom er and the District, and at the op tion of the District, service

may be metered on the p rimary side of the District's transformers.

(3) RATE. The mon thly billing shall be the greater of: (i) the sum of the

Customer Charge, Demand Charge and Energy Charge; or, (ii) the Minimum Charge

described in (4) below.

Custom er Charge: 31 cents per day

Demand Charge:Demand

First 100 kW per All kW over 100 kW

month of billing dem and per month of billing deman d

January through December $0 $6.73 per kW of maximum m onthly demandestablished d uring th e hour s from 7 a.m. to 11

a.m. stand ard or daylight time as app licable,

Monday through Saturd ay. All other hours, nodemand charge.

Energy Charge:Energy

First 30,000 kWh per month All kWh over 30,000 kWh

per month

October throu gh March 8.08 cents per kWh 6.56 cents per kWh

April through September 7.26 cents per kWh 5.61 cents per kWh

(4) MINIMUM CHARGE.

48 cents per d ay p lus 2.104 cents per kW p er day for all

connected load in excess of 10 kW.

(5) AD JUSTMENTS, LIMITATIONS OF LIABILITY, AN D ADDITION AL



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SERVICE DEFINED IN THE DISTRICT'S ELECTRIC SERVICE REGULATIONS AN D


AN D LIMITATIONS OF LIABILITY. THE ABOVE RATES AND BILLING DEMANDS

ARE SUBJECT TO RATE SCHEDULE 82 - ADJUSTMENTS.




(7) SURCHARGE. If a customer qualifies and elects to be served u nd er a

d ifferent District rate schedu le after hav ing been served un der this Rate Schedu le 24,

and elects to later be served again u nd er this Rate Schedu le 24, then: The custom er

mu st first pay a surcharge to the District equal to the month ly demand charge und er thesched ule or schedu les the customer is transferring from for each month since the

customer w as last served und er Rate Schedu le 24.


Administration ("BPA") adjusts its wholesale power and transmission ra te to the



changes become effective. The ad justed rate will be developed by incorpora ting the




[Res. N o. 5470 (2009); History : 5450 (2009); 5440 (2009); 5418 (2009); 5043 (2002); 5011

(2001); 4963 (2000); 4848 (1999); 4835 (1999); 4600 (1997); 4138 (1994); 4089 (1994)]


13/45



SCHEDULE 25 GENERAL SERVICE - SMALL LOAD.

(1) AVAILABILITY. This schedu le is available in all territory served by the

District for commercial, ind ustrial, governmental, institutional, agricultural, and

multiple residential customers.

This schedu le is not av ailable for stand -by service, partial requ irements service

or service to seasonally disconnected loads w ith the exception of that por tion of a load

participa ting in the Districts Net Metering Program , such portion of load being eligible

for service und er this sched ule. The portion of a customers load p articipa ting in the

Districts Net Metering Program is defined as the nameplate capacity of the electric

genera tor identified in the custom ers Net Metering Agreem ent with the District.

This rate schedule does not app ly to a New Large Single Load as defined inRate Schedu le 37. Such load s shall be served by Rate Schedu le 37 - New Large Single

Loads.

(2) TYPE OF SERVICE. Service is sixty Hertz alternating current delivered to

one point of delivery. The District reserves the right of final determination of voltage

and phase of service. Where mu tually advantageous to the customer and the District,

and at the op tion of the District, service may be m etered on the primary side of the

District's transformers.

(3) RATE. The mon thly charges shall be the greater of: (i) the Regular Charge;

or, (ii) the Minimum Charge.

(i) Regular Charge. The Regu lar Charge is the sum of the:

Custom er Charge: 31 cents per day,

plus

Monthly Energy Charge:

All kWh per m onth




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(ii) Minimum Charge. The Minimum Charge shall be 48 cents per d ay p lus

2.104 cents p er kW per day for all connected load in excess of 10 kW.

(4) AD JUSTMENTS, LIMITATIONS OF LIABILITY, AN D ADDITION AL



SERVICE DEFINED IN THE DISTRICT'S ELECTRIC SERVICE REGULATIONS AND


AN D LIMITATIONS OF LIABILITY. THE ABOVE RATES MAY BE SUBJECT TO

ADJUSTMENT AS SPECIFIED IN RATE SCHEDULE 82-- ADJUSTMENTS, TERMS

AN D CONDITIONS OF SERVICE, AND LIMITATION S OF LIABILITY.

(5) TAX ADDITIONS. The above rates are subject to prop ortional increases to

compensate for any gross revenue tax imposed by an y mu nicipal body or othergovernmental body having jurisdiction upon the District.





changes become effective. The ad justed rate will be developed by incorporating the




[Res. No. 5470 (2009); History: 5450 (2009); 5440 (2009); 5418 (2009); 5043 (2002); 5023

(2001)]


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SCHEDULE 35----PRIMARY SERVICE.

(1) APPLICABILITY; CON TRACT TERM. This schedule (this Schedule) is

available only to customers who were being served under its terms on November 1,

1983, upon execution of a primary service contract between the District and the

Customer (the Customer Contract). This rate schedu le does not app ly to a New

Large Single Load as defined in Rate Schedu le 37. Such load s shall be served by Rate

Schedu le 37 - New Large Single Loads.

The term of each Customer Con tract will commence on the effective d ate of such

contract and will, unless earlier terminated in accordance with the provisions of the

Customer Contract, continue until such time as such Customer Contract is terminated

by mutu al agreement of the District and the Customer.

Service under this Schedule is subject to the terms and conditions of this

Schedule, Rate Schedule 82, the Customer Contract and the Districts Electric Service

Regulations (collectively, the Customer Service Documents). All capitalized terms

used but n ot defined herein w ill have the respective meaning set forth in the Customer

Contract or the other Customer Service Documents.

(2) TYPE OF SERVICE. Three phase, sixty-hertz alternating current at the

pr imary voltage available.

(3) RATE. The mon thly billing shall be the greater of: (i) the sum of the Dem and

Charge and Energy Charge; or, (ii) the Minimum Charge described in (4) below.

Demand Charge:Demand

January through December $6.23 per kW of month ly billing deman d

Energy Charge:Energy

September throu gh March 5.61 cents per kWh

April through Au gust 4.65 cents per kWh

(4) MINIMUM CHARGE. The monthly minimum shall be the minimum chargecontracted for, but in no case less than $245.

(5) AD JUSTMENTS, LIMITATIONS OF LIABILITY, AN D AD DITION AL


THE TERMS, CONDITIONS, AN D LIMITATION S OF LIABILITY, SET FORTH IN THE

DISTRICTS ELECTRIC SERVICE REGULATIONS AND RATE SCHEDULE 82


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LIABLITY. THE ABOVE RATES AN D BILLING DEMAN DS ARE SUBJECT TO RATE

SCHEDULE 82ADJUSTMENTS, TERMS AND CONDITIONS OF SERVICE, AND

LIMITATIONS OF LIABILITY.

(6) TRANSFER TO OTHER RATE SCHEDULES. A customer receiving service

un der this rate sched ule whose electric power u sage falls below th e usage criteria in

Section (1) above shall be transferred to anoth er Rate Schedu le for w hich it qualifies as

soon as is practical. Upon th e expiration of the Term or earlier termination of any of the

Custom er Service Docum ents for any reason, the Custom er shall, if it requires

continued electric service, comm ence taking service und er the then -applicable retail

tariff prescribed by the District for firm serv ice to custom ers in its class; provided,

how ever, that any su ch service shall be subject to availability.


Administration ("BPA") adjusts its wholesale pow er and transmission ra tes to the

District. At the d iscretion of the Commission, the rates in this Schedu le may be

ad justed to reflect BPA rate ad justm ents, either u p or d own, on the same date the BPA

rate changes become effective. The ad justed rate w ill be developed by incorpora ting the




[Res. No. 5470 (2009); History: 5450 (2009); 5440 (2009); 5418 (2009); 5043 (2002); 5011

(2001); 4963 (2000); 4848 (1999); 4835 (1999); 4600 (1997); 4010 (1993); 3908 (1993); 3405(1990); 3386 (1990); 2879 (1985); 2726 (1983); 2704 (1983); 2684 (1983); 2644 (1982); 2509

(1981); 2445 (1980); 2442 (1980); 2345 (1979); 2202 (1978); 1996 (1975); 1392 (1966); 1371

(1966); 795 (1957)]


17/45

Rates and Tariffs Electric Util ity Rates


SCHEDULE 36----LARGE PRIMARY SERVICE.

(1) APPLICABILITY; CON TRACT TERM. This schedule (this Schedule) is

available in all territory served by the District for unregulated service to loads with

deman ds exceeding 5,000 kW, up on execution of a primary service contract between the

District and the Customer (the Customer Contract). The term of each Custom er

Contract will commence on the effective date of such contract and will, unless earlier

terminated in accordance with the p rovisions of this Schedule or u nd er the terms of the

Customer Contract, continue until such time as such Customer Contract is terminated

by mutual agreement of the District and the Customer (such term, including any

extensions and renewals thereof, the Term).

Service und er this Sched ule is subject to the term s and conditions of this Schedu le, Rate

Schedule 82, the Customer Contract and the Districts Electric Service Regulations(collectively, the Customer Service Documents). All capitalized terms used bu t not

defined herein will have the respective meaning set forth in the Customer Contract or

the other Customer Service Documents.

This Schedule does not apply to a New Large Single Load as defined in Rate

Schedu le 37. Such load s will be served by Rate Schedu le 37New Large Single Loads.

(2) TYPE OF SERVICE. Three phase, sixty-hertz alternating current at the primary

voltage available.

(3) RATE.

Demand Charge:

Demand:

Janu ary throu gh $2.84 per kW of mon thly

December billing deman d

Energy Charge:

Energy:

Septem ber throu gh 4.98 cents per kWh

March

April throu gh August 5.10 cents per kWh

(4) MINIMUM CHARGE. The monthly minimum will be the minimum charge

contracted for, but in no case less than $7,530.

(5) BILLING DEMAN D. The monthly billing demand is subject to adjustment in

accord ance with Schedu le 82, and will be:


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(A) The maximum sixty-minute demand established during the

hours from 7 a.m. to 10 p.m. Pacific standard or daylight

time as ap plicable, Monday throu gh Saturday.

(B) All other hoursno demand charge.

(6) AD JUSTMENTS, LIMITATIONS OF LIABILITY, AN D AD DITIONAL


THE TERMS, CON DITIONS, LIMITATIONS OF LIABILITY, AN D ADJUSTMENTS TO

RATES AND BILLING DEMANDS SET FORTH IN RATE SCHEDULE 82


LIABILITY.

(7) TRANSFER TO OTHER RATE SCHEDULES. A customer receiving service

un der this rate sched ule whose electric power u sage falls below th e usage criteria in

Section (1) above shall be transferred to anoth er Rate Schedu le for w hich it qualifies as

soon as is practical. Upon th e expiration of the Term or earlier termination of any of the

Custom er Service Docum ents for any reason, the Custom er shall, if it requires

continued electric service, comm ence taking service und er the then -applicable retail

tariff prescribed by th e District for firm serv ice to customers in its class; provided,

how ever, that any su ch service shall be subject to availability.

(8) BPA COST ADJUSTMENT. From time to time th e Bonneville Power

Administration ("BPA") adjusts its wh olesale power and transm ission rates to the

District. At the d iscretion of the Commission, the rates in this Schedu le may bead justed to reflect BPA rate ad justm ents, either u p or d own, on the same date the BPA

rate changes become effective. The ad justed rate will be developed by incorporating the




[Res. No. 5470 (2009); History: 5450 (2009); 5440 (2009); 5418 (2009); 5043 (2002); 5011

(2001); 4963 (2000); 4848 (1999); 4835 (1999); 4600 (1997); 4010 (1993); 3908 (1993); 3405

(1990); 3386 (1990); 3211 (1988); 2879 (1985); 2726 (1983); 2704 (1983); 2684 (1983); 2644

(1982); 2509 (1981); 2445 (1980); 2442 (1980); 2345 (1979); 2202 (1978); 1996 (1975); 1653

(1970); 1392 (1966); 1371 (1966); 795 (1957)]


19/45



SCHEDULE 37----NEW LARGE SINGLE LOADS.


District. All loads or portions of loads determined to be, or being mon itored for

determination as, a "New Large Single Load," as defined below, shall be served

accord ing to this rate sched ule. Prior to receiving service under th is Schedu le, the

Custom er shall enter into a contract with the District (the Cu stomer Con tract).

A "New Large Single Load" is any load associated w ith a new facility, an existing

facility, or an expansion of an existing facility:

(a) Which w as not contracted for, or committed to, as determined by the

Bonneville Pow er Ad ministrator, by the District p rior to September l, 1979; and

(b) Which will result in an increase in p ower requ irements of a custom er of ten

average megaw atts or more in any consecutive twelve month period.

(2) METERING. Any load or p ortion of a load d etermined to be, or being

monitored for determination as, a "New Large Single Load " shall be separately metered.

If facilities are not available for separately metering a load or a port ion of a load w hich

has been d etermined to be, or which is being monitored for d etermination as, a "New

Large Single Load ," such metering facilities shall be insta lled as soon as practicable.

(3) TYPE OF SERVICE. Three phase, sixty-hertz alternating cur rent at the

pr imary voltage available.

(4) RATES AND BILLING. The District shall bill the custom er for service over

billing p eriods to be defined in the Customer Contract. The periodic rates for service

pr ovided un der this Schedu le 37 shall be specified in the Customer Contract, and shall

include the following comp onents (which comp onents may be separated and rebund led

in the manner as agreed between the District and the customer):

(a) Energy and Capacity. Rates to be based on the cost to the District of pow er

available to serve the custom ers load , or pow er to be acquired by the District to

serve the customers load , plus a reasonable service fee, all in accord ance withpow er supp ly arrangements agreed in wr iting between the customer and the

District.

(b) Transpor tation and Losses. Rates to be established based on cost of service

methodology applicable to all custom er classes.


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(c) Ancillary Services. Rates to cover load following, load shap ing, firming, price

stability, reactive pow er, risk premium, District overhead , reserves, and other

services prov ided by the District.

(d) Custom er Charges; Periodic Minimum Charges; Other Fixed Charges . A

period ic fixed fee to cover non-variable or minimum costs. The District also

reserves the right to collect contributions in a id of construction or other charges

arising ou t of any required cap ital expansion or extraord inary costs.

(5) AD DITIONAL TERMS OF SERVICE. SERVICE UN DER THIS RATE

SCHEDULE IS SUBJECT TO THE TERMS, CON DITIONS, AN D LIMITATIONS OF

LIABILITY, SET FORTH IN THE DISTRICTS ELECTRIC SERVICE REGULATIONS

AND RATE SCHEDULE 82ADJUSTMENTS, TERMS AND CON DITION S OF

SERVICE, AND LIMITATION S OF LIABLITY. THE ABOVE RATES AN D BILLINGDEMANDS ARE SUBJECT TO RATE SCHEDULE 82ADJUSTMENTS, TERMS AN D

CONDITIONS OF SERVICE, AN D LIMITATIONS OF LIABLITY.


compensate for any gross revenue taxes imp osed by any mu nicipal body or other

govern men tal entity having jur isdiction up on the District.


[Res. No. 5470 (2009); History: 5011 (2001); 4848 (1999); 4835 (1999); 4600 (1997); 4010

(1993); 3908 (1993); 3405 (1990); 2879 (1985); 2726 (1983); 2704 (1983); 2684 (1983); 2644

(1982); 1848 (1973); 1795 (1972); 1392 (1966); 1371 (1966)]


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SCHEDULE 38 ---- LARGE 115 kV SERVICE.


District for physically unregu lated service to load s with d eman ds exceeding 5,000 kW,

up on execution of a contract for a term of not less than 5 years.

This rate schedu le does not ap ply to a New Large Single Load as defined in Rate

Schedu le 37. Such load s shall be served by Rate Schedu le 37 - New Large Single Loads.

(2) TYPE OF SERVICE. Three phase, sixty-hertz alternat ing current at 115

kilovolts.

(3) RATE. The mon thly billing shall be the greater of: (i) the sum of the Demand

Charge and Energy Char ge; or, (ii) the Minimum Charge described in (4) below.

Demand Charge:

January through December $2.56 per kW of month ly billing deman d

Energy Charge:

September throu gh March 4.94 cents per kWh

April through Augu st 5.06 cents per kWh

(4) MINIMUM CHARGE. The monthly minimum shall be the minimum chargecontracted for, but in no case less than $5,402.

(5) BILLING DEMAND. The month ly billing deman d is subject to ad justm ent

in accordance with Schedu le 82, and shall be:

(a) The maximu m sixty-minute demand established during the hou rs from 7

a.m. to 10 p.m. stand ard or d aylight time as app licable, Monday th rough

Saturday.

(b) All other hours - no dem and charge.

(6) AD JUSTMENTS, LIMITATION S OF LIABILITY, AN D ADDITION AL

TERMS OF SERVICE. SERVICE UNDER THIS RATE SCHEDULE IS SUBJECT TO

THE TERMS, CONDITIONS, AN D LIMITATION S OF LIABILITY, SET FORTH IN TH E

DISTRICTS ELECTRIC SERVICE REGULATIONS AND RATE SCHEDULE 82


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LIABILITY. THE ABOVE RATES AN D BILLING DEMANDS ARE SUBJECT TO RATE

SCHEDULE 82ADJUSTMENTS, TERMS AND CONDITIONS OF SERVICE, AND

LIMITATIONS OF LIABILITY.


comp ensate for any gross revenue tax imposed by any m un icipal body or other



Administration ("BPA") adjusts its wholesale power and transm ission rate to the

District. At the discretion of the Comm ission, the rates in this Schedu le may be ad justed

to reflect BPA rate ad justm ents, either u p or d own , on the same d ate the BPA rate

changes become effective. The ad justed rate w ill be developed by incorpora ting the

BPA cost change into the Electric Cost of Service Model and rate d esign policies

adop ted by the Comm ission in the m ost recent rate p roceeding.


[Res. N o. 5470 (2009); History : 5450 (2009); 5440 (2009); 5418 (2009); 5345 (2008)]


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Rates and Tariffs Electric ServiceRate Schedule 50 Page 1

SCHEDULE 50----MARKET-BASED SERVICE.

(1) AVAILABILITY. This schedule is available in all territory which the

District is authorized to serve, for service to customers determined to be eligible by theDistrict.

(2) TYPE OF SERVICE. Service shall be as set forth in the CustomerContract.

(3) RATES AND BILLING. The District shall bill the customer for serviceover billing periods to be defined in the Customer Contract. The periodic rates forservice provided under this Schedule 50 shall be specified in the Customer Contract,and shall include the following components (which components may be separated andrebundled in the manner as agreed between the District and the customer):

(a) Energy and Capacity. Rates to be based on the cost to the District of poweravailable to serve the customers load, or power to be acquired by the District toserve the customers load, plus a reasonable service fee, all in accordance withpower supply arrangements agreed in writing between the customer and theDistrict.

(b) Transportation and Losses. Rates to be established based on cost of servicemethodology applicable to all customer classes.

(c) Ancillary Services. Rates to cover load following, load shaping, firming,price stability, reactive power, risk premium, District overhead, reserves, and

other services provided by the District.

(d) Customer Charges; Periodic Minimum Charges; Other Fixed Charges. Aperiodic fixed fee to cover non-variable or minimum costs. The District alsoreserves the right to collect contributions in aid of construction or other chargesarising out of any required capital expansion or extraordinary costs.

(4 ) TERMS OF SERVICE. Service under this schedule is subject to terms asset forth in the Customer Contract and the Districts Electric Service Regulations. Saidterms may include limitations or conditions on any rights of the customer to resumeservice from the District, upon the expiration or termination of the Customer Contract,under then-existing rate schedules.

(5 ) TAX ADDITIONS. The above rates are subject to proportional increasesto compensate for any taxes imposed upon the District by any municipal body or othergovernmental entity having jurisdiction.[Res. No. 4848 (1999); History: 4525 (1996)]


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SCHEDULE 80 RENEWABLE ENERGY PROGRAM (GREENBLOCKS)

(1) Availability. This schedule is available in all territory served by the District for allnon-residential customers.

(2) Renewable Energy Resources. This schedule is one of two optional rate schedules1that provides the customer with the voluntary option to purchase Qualified Alternative EnergyResources, as required by R.C.W. Chapter 19.29A. A Qualified Alternative Energy Resourceincludes any energy production facility powered by renewable technology such as wind, solar,biomass, geothermal, landfill gas, gas produced from wastewater treatment, wave action, low-impact hydro, or other renewable technologies generally accepted by the Northwestenvironmental community and meeting the definition of Qualified Alternative EnergyResource in R.C.W. 19.29A.090(3).

Service under this schedule is provided through Renewable Energy Credits obtained by theDistrict either through its own supply of Renewable Energy Credits or through a clearinghouseor other system which secures the verifiable evidence that a third party has produced electricityfrom a Qualified Alternative Energy Resource and that such third party agrees to transfer creditfrom such production exclusively to the District.

The purchasing customer shall have the right to claim the associated Renewable Energy Creditsto the extent allowed under applicable law. A purchasing customer may not resell or otherwisetransfer the Renewable Energy Credits to any other party for any purpose.

(3) Enrollment. Any non-residential customer may purchase Green Blocks from theDistrict in one of the ways described in the Districts current customer service information.Charges for Green Blocks will be included as a separate charge on the customers bill and shallstart immediately upon the customers request to purchase them.

The District will transfer a Customers recurring Green Blocks enrollment when a customermoves within the territory served by the District; however, a Customer may discontinue serviceunder this schedule at any time.

(4) Rate. One Green Block consists of the environmental credits associated with 350kWh of electrical energy generated by Qualified Alternative Energy Resource. An unlimited

number of Green Blocks can be purchased at a cost of $3.00 per month each. For the first billingcycle that the customer is on the program, the charges will be prorated to reflect the amount oftime the customer received service under this schedule. Subsequently, the monthly charge will bethe same every month and will continue until the customer cancels participation in the program,

1 Schedule 81 is the other optional rate schedule that provides the customer with the voluntary option to purchase

Qualified Alternative Energy Resources.


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requests a change in the number of Green Blocks requested, or leaves the District. If any of thesecircumstances should occur, charges will be prorated to reflect the amount of time the customerreceived service under this schedule.

Alternatively, any non-residential customer may make a one-time purchase of Green Blocks.Under this option, a minimum of 5 Green Blocks must be purchased but above that, purchase ofpartial Green Blocks is allowed; the one-time charge will occur on one bill.

(5) General Provisions. Base rates and other terms of electric service shall be governedby the Rate Schedule under which the customer takes ordinary services. This Rate Scheduledoes not provide electric service or electric power. Charges specified under this Rate Scheduleare in addition to the charges specified in the Rate Schedule under which the customer takes itsbasic electricity service.

The Billing provisions of the Districts Customer Service Regulations apply with the followingmodifications.

A. If the customer remits a partial payment, that payment shall first be applied to allother charges due the District with any residual payment amount applied to chargesfor Green Blocks.

B. If a customer does not pay for their Green Blocks charges, the District shallimmediately discontinue selling Green Blocks to that customer.

Effective Date: March 31, 2009

[Res. No. 5387 (2008); History: 5019 (2001)]


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SCHEDULE 81 RENEWABLE ENERGY PROGRAM (PL ANETPOWER)

(1) Availability. This schedule is available in all territory served by theDistrict for all customers.

(2) Renewable Energy Resources. This schedule is one of two optionalrate schedules2 that provides the customer with the voluntary option to purchaseQualified Alternative Energy Resources, as required by R.C.W. Chapter 19.29A. AQualified Alternative Energy Resource includes any energy production facility poweredby renewable technology such as wind, solar, biomass, geothermal, landfill gas, gasproduced from wastewater treatment, wave action, low-impact hydro, or otherrenewable technologies generally accepted by the Northwest environmentalcommunity and meeting the definition of Qualified Alternative Energy Resource in

R.C.W. 19.29A.090(3).The renewable resources available under this schedule are provided through small-scale renewable energy projects that are funded in whole or in part by the Districttogether with related education and outreach activities designed to foster developmentof Qualified Alternative Energy Resources.

Because the resources available under this Program are being provided by small scaleand demonstration renewable energy projects funded by the Program revenues, thecontribution rates for the resources acquired depend upon and vary with the types ofprojects funded, and the timing of their operations. These variable rates will bereported annually, when the District annually reports the results of the Program,

projects accomplished and contribution rates.(3) Enrollment. Any customer may enroll in a monthly payment plan to make

ongoing Planet Power contributions through the District in one of the ways described inthe Districts current customer service information. The monthly plan amountrequested by the Customer at the time of enrollment will be included as a separatecharge on the customers bill and shall start immediately upon the customers request toparticipate in the program.

The District will transfer a customers recurring monthly plan enrollment when acustomer moves within the territory served by the District; however, a customer maydiscontinue service under this Schedule at any time.

(4) Rate. Any customer may participate on a monthly basis in the acquisitionof Qualified Alternative Energy Resources under this Program by contributing on amonthly basis, in an unlimited amount. The minimum monthly plan amount is $3.00

2 Schedule 80 is the other optional rate schedule that provides the customer with the voluntary option to purchase

Qualified Alternative Energy Resources.


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per month. For the first billing cycle that the customer is on the program, the chargeswill be prorated to reflect the amount of time the customer received service under thisschedule. Subsequently, the monthly charge will be the same every month and will

continue until the customer cancels participation in the Program, requests a change intheir monthly plan amount, or leaves the District. If any of these circumstances shouldoccur, the charges will be prorated to reflect the amount of time the customer receivedservice under this Schedule.

Alternatively, any customer may make a one-time purchase of Planet Power. Under thisoption, a minimum of $15 must be purchased. The one-time charge will occur on onebill.

(5) General Prov isions. Base rates and other terms of electric service shallbe governed by the Rate Schedule under which the customer takes ordinary services.

This Schedule does not provide electric service or electric power. Charges under thisSchedule are in addition to the charges specified in the Rate Schedule under which thecustomer takes its basic electricity service.

The Billing provisions of the Districts Customer Service Regulations apply with thefollowing modifications:

A. If the customer remits a partial payment, that payment shall first be appliedto all other charges due the District with any residual payment amountapplied to charges for Schedule 81.

B. If a customer does not pay for their Planet Power charges, the District shallimmediately discontinue the customers enrollment in the Program.

Effective Date: March 31, 2009

[Res. No. 5387 (2008)]


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SCHEDULE 82----AD JUSTMENTS, TERMS AND CONDITION S OF SERVICE,

AND LIMITATIONS OF LIABILITY.

(1) APPLICABILITY. This schedu le shall apply to other District rate schedu les

as described below.

(2) POWER FACTOR AD JUSTMENT. This ad justment shall app ly, at the

District's option, to all rate sched ules with dem and charge provisions. The measured

deman d sha ll be increased by on e percentage point for each one hund red th (0.01) of a

un it by wh ich the average pow er factor is less than 0.97.

The formula for determining average pow er factor is as follows:

Average Power Factor =

________________________________________

kWh Divided By (kWh)2 + (Reactive Kilovolt Ampere Hours)2

(Note: kWh = Kilowatt Hours)

The meter for measurem ent of Reactive Kilovolt Amp ere hou rs will be ratcheted

to prevent reverse registration. The billing deman d shall be the measured dem and as

adjusted by this pow er factor ad justment.

(3) PRIMARY OWNERSHIP DISCOUN T. Custom ers on Rate Schedule 20 -

General ServiceMedium Load , Rate Schedu le 24Time of Use Genera l Service, and

Rate Schedule 25General ServiceSmall Load wh o receive service at the District'sprimary voltage level, own or lease, and maintain the distribution system (transformers

may be leased) beyond the District's point of delivery, and enter into an agreem ent with

the District, may receive a five percent primary ow nership d iscoun t on th eir total bill.

(4) REDUN DANT DISTRIBUTION CAPACITY. Customers who receive

service und er Rate Schedu le 20General ServiceMedium Load, Rate Schedu le 24

Time of Use General Service, and Rate Schedule 25General ServiceSmall Load and

who enter into an agreement w ith the District may obtain redun dan t distribution

capacity to serve their connected load. Redund ant d istribution capacity is a delivery

service that p rovides capacity from an alternate path for delivery of electrical power .

Redu nd ant d istribution capacity d oes not p rovide standby electrical power to backup

customer-owned generation or other electrical power not p rovided by the District. It

also does not guarantee un interrupted electrical service. The District may provide such

redun dant d istribution capacity if in the Districts sole jud gment such capacity can be

reserved for the requesting customer without adversely impacting other customers,

system op erations, system reliability and safety.


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The following mon thly rates app ly:

Redund ant Distribution Capacity Delivered at Secondary Voltage

$1.17 per kW Connected Load p er mon th.

Redundant Distribution Capacity Delivered at Primary Voltage

$1.12 per kW Connected Load p er mon th.

In add ition, a customer r equesting th is service may a lso be subject to charges under the

Districts Line Extension Policy an d be requ ired to reimbur se the District for other costs

incurred in establishing the requested red undan t d istribution capacity.

(5) TERMS AN D CONDITIONS OF SERVICE; LIMITATIONS OF

LIABILITY

(A) PAYMENTS.

(i) Invoices. Promp tly after the end of each calend ar mon th dur ing the

Term, or, at the Districts option, at the end of every other calendar month, the District

will submit to the Customer an invoice for the amount due, at the applicable Rates,

including applicable taxes and Penalty Amounts, from the Customer to the District for

the Electric Power delivered to the Customer during such month, or the most recent

period for wh ich m eter data is available, as comp uted from meter readings recorded by

the District. Each su ch invoice will set forth the amou nt of Electric Power d elivered in

the applicable month, the Rate or Rates applicable thereto, and the amount due. The

invoice shall be delivered to the address set forth in Notices provision of the CustomerContract, if any, or to the ad dress specified in the Custom ers account w ith the District.

(ii) Payment of Invoice Amou nts. The amou nts du e under any invoice

of the District will be paid by the Customer, in accordance with the provisions of the

Customer Service Documents, within 25 days after the date of receipt of such invoice.

Any such amounts remaining unpaid after the expiration of such period will bear

interest, from the 26th day after receipt of the applicable invoice un til paid in full to the

District, at a r ate equal to the lesser of (i) 125 percent of the then -cur rent prime rate of at

least 75 percent of the 30 largest banks in the United States, as published in The Wall

Street Journal, or (ii) the highest rate allowed by law . The Customer will not be entitled,

for any reason whatsoever, to withhold payment of all or any portion of the amountdue und er any invoice of the District. In the event that the Customer dispu tes all or any

portion of any invoice of the District, the Customer will nonetheless pay the entire

amou nt due und er such invoice on or before the applicable paym ent du e date, and any

amount which may subsequently be determined (whether by agreement or otherwise)

not to have been p roperly du e from the Cu stomer will promp tly thereafter be refund ed

by the District to the Customer, with interest thereon at the rate provided above from


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the date on w hich such amoun t was paid by th e Customer until the date of such refund.

(iii) District Account. Payment by the Customer of the amoun t due

under any invoice of the District will be made by electronic funds transfer, Customer

check, or other means acceptable to the District, sent by first-class mail to such accountas is designated by the District in accordance with th e notice provisions of the Customer

Contract, if any , or sent by first-class mail or delivered by hand to the ad dress specified

in the Districts invoice. The District may change such account from time to time and at

any time by app ropriate notice to the Customer.

(iv) Special Und ertakings by the District. In the event that, for the

purpose of providing requested service to the Customer, the District, with the prior

app roval of the Customer, enters into any separate or special obligation or u nd ertaking

on behalf of the Customer, including any special conditions of service set forth in the

Customer Contract, the District and the Customer will agree on the amount of any

separate rates, charges or contributions w hich may be p ayable by the Cu stomer for or inconnection therew ith p rior to initiation of service by the District.

(B) FACILITIES AN D EQUIPMENT.

(i) Ow nership and Control of Facilities. The District will install, own,

maintain and control all equipment and facilities for the distribution and delivery of

Electric Power to the Customer, including but not limited to the metering equipment

and facilities, that is located on the District side of the Point of Delivery (the Districts

Facilities), and the Customer will install, maintain and control all electrical equipm ent

and facilities owned or controlled by th e Customer on the Cu stomer side of the Point of

Delivery (Customers Facilities).

(ii) Maintenance of the Customers Facilities. The Custom er shall

maintain the Custom ers Facilities in prop er and safe working ord er, and in compliance

with any and all applicable national, state and local electrical codes and stand ard s. The

District will, upon reasonable advance notice to the Customer, and subject to the

Customers safety and security rules and regulations, be entitled to inspect all or any

portion of the Customers Facilities at any time and from time to time during the Term;

provided, however, that, without in any way limiting the foregoing, the Customer

acknowledges and agrees that the District will not at any time have any obligation to

inspect the Cu stomers Facilities (or any p ortion thereof). Any insp ection by the District

will be for the limited purpose of determining that the Customers Facilities are

compatible with the Districts Facilities and will not be made to determine whether the

Customers Facilities are installed and / or being operated as requ ired by law,

specifically includ ing any electrical, safety or bu ilding code. Inspection by the District

will not establish or imply any duty on the part of the District to discover or report any

code violations or the existence of haza rds of any n ature.


31/45


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(D) FORCE MAJEURE.

(i) Susp ension of Obligations. Neither Party will be liable to the other

for, or be considered to be in breach of or in default under the Customer Service

Documents because of, any failure or delay in performance by such Party under theCustomer Service Documents to the extent such failure or delay is caused by or results

from any cause or condition which is beyond such Partys reasonable control, or which

such Party is unable to prevent or overcome by exercise of reasonable diligence (any

such cause or condition, a Force Majeure), including but not limited to: failure or

threat of failure of facilities or equipment; fire, lightning, flood, earthquake, volcanic

activity, wind, drought, storm and other natural disasters or acts of the elements; court

order and act, or failure to act, of civil, military or governmental authority; strike,

lockout and other labor dispute; epidemic, riot, insurrection, sabotage, war and other

civil disturbance or disobedience; labor or material shortage; failure of supply to the

District of Electric Power which the District intended to use in its service to the

Customer; and electric disturbance originating in, transmitted through, or otherwiseaffecting the Districts electric facilities or any electric facilities with which the Districts

facilities are interconnected.

(ii) Notice; Required Efforts to Resum e Performance. Except wh ere the

District is responding to an outage caused by a storm , accident, or electrical disturbance

or disruption, any Party claiming Force Majeure will give the other Party maximum

practicable advance notice of any failure or delay resulting from a Force Majeure, and

will use its reasonable best efforts to overcome the Force Majeure and to resume

performance as soon as possible; provided, however, that nothing in the Customer

Service Documents w ill be constru ed to requ ire either Party to settle any strike or labor

dispute in w hich it may be involved.

(iii) No Excuse of Payment Obligations. Notw ithstand ing any other

provision of the Cu stomer Service Docum ents, in n o event w ill a Force Majeure excuse

a Partys failure or d elay to pay any amounts du e and owing to the other Party und er or

pu rsuant to the Cu stomer Service Documents.

(E) SERVICE INTERRUPTION S AN D SUSPENSION S.

(i) Custom er Responsible for Protective Equipm ent. The District will

use reasonable diligence to provide un interrup ted service to the Customer. How ever,

the Customer will be responsible for installing any and all electrical protection

equipment, such as back-up generators, surge protection devices, fusing, circuit

breakers, relay protection controls and single phase protection (including but not

limited to suitable protective apparatus on all motor installations to protect against

single phasing of three-phase motors), that may be n ecessary or app ropriate to prevent

damage from reasonably foreseeable potential electrical disturbances such as reduced

voltage, loss of service, over voltage, loss of phase w ire and short circuit faults.


33/45



(ii) Notwithstanding any other provision of the Cust omer Service

Documents, neither the District nor any electric utility or federal power marketing

agency with which the District is interconnected will be in breach of or default under

the Customer Service Documents, or have any responsibility or liability whatsoever to

the Customer or an y other person under the Customer Service Docum ents or otherwise,for or in connection with any service interruption, suspension, curtailment or

fluctuation or disturbance of electric energy originating outside and passing through

the electrical system of the District, whatever the cause, or any service interruption,

suspension, curtailment or fluctuation or disturbance of electric energy originating

inside the electrical system of the District caused by or resulting from any cause other

than th e gross negligence or willful miscond uct of the District. The Customer hereby

waives, and releases the District and its Commissioners, officers, employees and agents

and each of the heirs, personal representatives, successors and assigns of any of the

foregoing from, any and all liabilities, losses, claims, damages, costs, expenses,

demands, fines, judgments and penalties in any manner caused by, resulting from or

arising out of or in connection with any service interruption, suspension, curtailment orfluctuation or disturbance of electrical energy originating in, or passing through, or in

parallel with, or intend ed for delivery to, the electrical system of the District, except to

the extent (and only to the extent) that such interruption, suspension, curtailment,

fluctuation or d isturbance originated inside the electrical system of the District and was

caused by the gross negligence or willful misconduct of the District. Notwithstanding

any other p rovision of the Customer Service Docum ents, in no event will the liability of

the District or its Commissioners, officers, employees and agents or any of the heirs,

personal representatives, successors and assigns of any of the foregoing for any

interruption, suspension, curtailment, fluctuation or disturbance originating inside the

electrical system of the District and caused by the gross negligence or willfulmisconduct of the District exceed, in the aggregate, the aggregate amount paid by the

Customer to the District for and with respect to Electric Power purchased from the

District under the Customer Contract during the six months immediately preceding

such interru ption, susp ension, curtailment, fluctuation or d istur bance. Without in any

way limiting the foregoing, in the event that any service interruption, suspension,

curtailment or fluctuation or disturbance of electric energy extends for a period in

excess of 24 continuous hours, the District will reduce the Minimum Charge for such

month on a pro rata basis in proportion to the length of such service interruption,

suspension, cur tailmen t or fluctua tion or d isturbance of electric energy .

(iii) Emergency Interrup tions. The District will have the right, at anytime during the Term, without any liability whatsoever to the Customer or any other

person, to interrupt, suspend or curtail service to the Customer in the event that the

District determines that a failure to do so may endanger any person or property, or is

otherwise contrary to prudent utility practice as such term is used in the electric utility

industry at the time of such interruption, suspension or curtailment. The District will

give the Customer the maximum practicable advance notice of any such action, and will


34/45



resum e service to the Custom er as soon as possible after the cond ition giving rise to the

endangerment to person or property or the violation of prudent utility practice, as

applicable, is resolved .

(F) INDEMNIFICATION.

(i) Indem nification by Custom er. Except as otherw ise provided in the

Customer Service Documents, the Customer hereby indemnifies and agrees to hold

harmless and release the District and each and all of its Commissioners, officers,

employees and agents and each of the heirs, personal representatives, successors and

assigns of any of the foregoing from and against any and all liabilities, losses, claims,

damages, costs, demands, fines, judgments and penalties, together with reasonable

attorneys fees and out-of-pocket expenses incurred in connection with any of the

foregoing (Covered Liabilities) caused by, resulting from, or arising out of or in

connection with (i) any of the Cu stomers Facilities or any other facilities or equ ipment

of the Customer, (ii) any negligence or intentional miscond uct of the Customer or an y ofits officers, employees, agents, contractors or subcontractors, or (iii) any failure of the

Customer duly to perform or observe any term, provision, covenant, agreement or

cond ition hereun der to be performed or observed by or on beha lf of the Customer. In

any and all claims against the District by any employee of the Customer, the

indemnification and hold harmless obligation herein will not be limited in any way by

any limitation on the amou nt or type of dam ages, compensation, or benefits payable by

or for the Customer under workers compensation acts, disability benefit acts, or other

employee benefit acts; and the Customer hereby specifically and expressly waives the

immunity of the Customer under such acts; provided, however , that the Customers

waiver of immunity by the provisions of this section extends only to claims against the

District by or on behalf of the an employee of the Customer, and does not include, or

extend to, any claims by the Customers employees d irectly against the Customer.

(ii) Indem nification by District. Except as otherw ise pr ovided in the

Customer Service Documents, the District hereby indemnifies and agrees to hold

harmless and release the Customer an d its directors, officers, emp loyees and agent s and

each of the heirs, personal representatives, successors and assigns of any of the

foregoing from and against any and all Covered Liabilities caused by, resulting from, or

arising out of or in connection w ith (i) any of the Districts Facilities, (ii) any negligence

or intentional misconduct of the District or any of its officers, employees, agents,

contractors or subcontractors, or (iii) any failure of the District d uly to p erform orobserve any term, provision, covenant, agreement or condition hereunder to be

per formed or observed by or on behalf of the District. In an y and all claims against the

Customer by any employee of the District, the indemnification and hold harmless

obligation herein w ill not be limited in any w ay by an y limitation on the amou nt or typ e

of damages, compensation, or benefits payable by or for the District under workers

compensation acts, disability benefit acts, or other employee benefit acts; and the


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District hereby specifically and expressly waives the immunity of the District under

such acts; provided , however , that the Districts waiver of im munity by the provisions

of this section extend s only to claims against the Customer by or on behalf of emp loyees

of the District, and does not include, or extend to, any claims by the Districts

emp loyees directly against the District.

(G) LIMITATION ON LIABILITY.

Notwithstanding any other provision of the Customer Service Documents,

neither the Customer nor the District will be liable und er or p ursuan t to the Cu stomer

Service Documents for indirect, incidental, special, exemplary, punitive or

consequential damages, including but not limited to damages for lost profits, revenues

or benefits, loss of use of property, cost of capital, cost of purchased or replacement

pow er or (except only as and to the extent otherwise expressly p rovided in a Cust omer

Contract) claims for service interruption, even if such Party has been advised of the

possibility or existence of such d amages.

(H) DEFAULT AN D TERMINATION.

(i) Default by the Custom er. If any of the following events will occur :

(a) Material breach or material default by the Custom er in the

performance of any term, condition, covenant or agreement of the Customer

Service Documents to be performed by the Customer, which breach or default:

(i) if reasonably capable of being cured within 30 days, is not cured within 30days after notice to the Customer from the District; or (ii) if not so capable of

being cured within such 30-day period, the Customer d oes not commence to cure

within such 30-day period or d oes not d iligently proceed thereafter to cure w ith

reasonable promptness; or

(b) A repeated failure or refusal by the Custom er to perform,

substantially in accordance with the Customer Service Documents, any or all of

its obligations under the Customer Service Documents, thereby committing a

material breach which substantially impairs the value of the Customer Contract

to the District, which failure or refusal recurs after notice to the Customer from

the District that such material breach will, if repeated, constitute a defaultentitling th e District to terminate the Cu stomer Con tract; or

(c) The institution against the Custom er of any proceeding

seeking to ad jud icate the Customer as a bankru pt or insolvent, or the making by

the Customer of a general assignment for the benefit of its creditors, or the

appointment of a receiver on account of the insolvency of the Customer, or the


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filing by or against the Customer of a petition seeking to take advantage of any

other law relating to bankruptcy, insolvency, reorganization, winding up,

composition, or readjustment of debts and, in the case of any such proceeding

instituted against (but not by) the Customer, such proceeding is not dismissed

within 60 days after such filing and notice to the Customer from the District;

then , in such event, the District will be ent itled, at its sole option, and without p rejud ice

to any other rights or remedies available to the District under the Customer Service

Documents or applicable law, to terminate the Customer Service Documents and each

and all of its obligations thereu nd er, effective imm ediately up on notice to the Custom er,

without liability to the District or any other person, except as otherwise expressly

provided in this section.

(ii) Default by the District. If any of the following even ts will occur:

(a) Material breach or material default by the District in theperformance of any term, condition, covenant or agreement of the Customer

Service Docum ents to be performed by the District, wh ich breach or default: (i) if

reasonably capable of being cured within 30 days, is not cured within 30 days

after notice to the District from the Customer; or (ii) if not so capable of being

cured within such 30-day period, the District does not commence to cure within

such 30-day period or does not diligently proceed thereafter to cure with

reasonable promptness; or

(b) A repeated failure or refusal by the District to perform,

substantially in accordance with the Customer Service Documents, any or all of

its obligations under the Customer Service Documents, thereby committing amaterial breach which substantially impairs the value of the Customer Contract

to the Customer, which failure or refusal recurs after notice to the District from

the Customer that such material breach will, if repeated, constitute a default

entitling th e Customer to terminate the Cu stomer Contract.

then, in such event, the Customer will be entitled, at its sole option, and without

prejud ice to any other rights or remedies available to the Customer un der the Customer

Service Documents or ap plicable law, to terminate the Cu stomer Service Documen ts (as

they apply to Customer) and each and all of its obligations thereunder, effective

immediately upon notice to the District, without liability to the Customer or any other

per son, except as otherwise expressly provided in th is section.

(iii) Prov isions Exclusive for Termination for Breach . This Section

(5)(H) provides the exclusive means to terminate the Customer Service Documents for

breach absent agreement between the Parties; provided , however, that without in any

way limiting the foregoing, nothing in this section will preclude or limit any other

remedy wh ich a Party m ay have at law or in equity for breach by the other Party.


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(6) TAXES.

(A) Taxes. In add ition to the Rates payable by the Customer hereunder for

Electric Power, the Custom er w ill pay all taxes, which are app licable for or w ith respect

to such p urchase of Electric Power, at the app licable rates.

(B) Tax Increases or Surcharges. In the event that federal or state regulatory

changes du ring the Term result in an increase in any taxes or surcharges payable by the

District for or w ith respect to sales of Electric Power or other services provided un der or

in connection w ith the Customer Con tract, the District will, in accordance with an y and

all requirements of applicable law and of the applicable policies and procedures of the

District, and effective upon notice to the Customer, be entitled to increase the Rates

payable by the Customer hereunder by an amount which the District determines on a

fair and nondiscriminatory basis to be the amount of such increased taxes or surcharges

attributable to such sales or services under or in connection with the Customer

Contract.

(7) EFFICIENT USE OF ENERGY. The Customer will determine the criteria

for cost effectiveness with respect to energy conservation projects and other efficiency

measures. The Custom er will consider installing cost-effective energy efficiency

measures and will consider buying cost-effective energy efficient equipment when

pu rchasing new equipmen t or replacing existing equipment. The District will offer

suggestions for efficient energy use and make the Customer aware of financial

assistance available through District programs for energy conservation and efficiency

purposes.

(8) DEFINITIONS. For purposes of any applicable Rate Schedule and anyCustom er Contract, the terms set out below are d efined as follows:

1.1. Commission means th e Districts elected Board of Comm issioners.

1.2 Customer Service Documents means the documents defining the terms and

conditions of the Districts provision of Electric Power to the Customer,

comprising the Schedules, the Regulations, the Customer Contract, if any, and

any other contract agreed to between the District and the Cu stomer setting forth

the terms and conditions of any special cond ition of service or undertaking (such

as redundant delivery points) related to provision of Electric Power by the

District to the Customer, provided that, contracts related to the provision ofenergy conservation services, demand response services, customer-owned

generation, and leasing of transformers and other electrical equipment shall not

be includ ed in th e definition of Customer Service Documents.

1.3 Electric Power means electric energy and capacity.


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1.4.Point of Delivery mean s: (a) the Point of Delivery id entified in the Cu stomer

Contract, if any; (b) if no Cu stomer Contract is in p lace, the Point of Delivery as

defined in the Cu stomer Service Regu lations; and , (c) if no Cu stomer Cont ract is

in place and the Customer belongs to a class for which no definition appears in

the Customer Service Regulations, the Point of Delivery shall be the Customerside of the Districts meter used to serve the Customer (it being u nd erstood that

the District owns the m eter and associated equ ipment).

1.5 Rates, if not otherw ise defined in the Customer Contract, mean at any given

time, the then-current rates and charges, as set forth in the Rate Schedule

app licable to p ower pu rchasers in the Customers class, as they may be amended

from time to time and at any time by the Districts Board of Commissioners (the

Comm ission), payable by the Cu stomer for Electric Power and related serv ices

under th is Contract.

1.6. Regulations means the Districts Customer Service Regulations for ElectricService, or an y su ccessor thereto .

1.7. Schedules, if not otherwise defined in the Customer Contract, means the

Districts Rate Schedule applicable to the Customer plus this Rate Schedule 82,

collectively.

1.8 Term, unless otherwise specified with respect to a particular obligation

undertaken by the District in a Customer Contract, means the period during

which the Customer takes Electric Power from the District, provided that any

obligation arising prior to termination of service shall remain in force until

satisfied.

All capitalized terms used but not defined herein will have the respective

meanings set forth in this Rate Schedule 82 or other applicable Rate Schedule, in the

Regulations, or in the Customer Con tract, if an y. Unless otherw ise expressly stated , the

terms of the Rate Schedules shall prevail over any conflicting terms in a Customer

Contract or the Regulations, and the terms of a Customer Contract shall prevail over

any conflicting term s in the Regulations.

(9) IND EPENDENT CONTRACTORS. The Parties to the Cu stomer Service

Documents are independent contractors and will not be deemed to be partners, joint

venturers, franchisors, franchisees, or agents of each other for any purpose whatsoeverunder or in connection w ith the Customer Contract.

(10) ASSIGN MENT; BIND ING AGREEMENT.

(i) Assignm ent Prohibited Without Consent . Neither the District nor the

Customer will, without the prior written consent of the other Party, which


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consent will not be unreasonably withheld, assign, pledge or transfer all or any

part of, or any right or obligation under, the Customer Service Documents,

wh ether volun tarily or by operation of law. Any attempted assignm ent, pledge

or transfer of all or any part of, or any right or obligation under, the Customer

Service Documents in violation of the foregoing requirements will be null andvoid.

(ii) Contract Binding on Successors and Assigns. The Custom er Service

Documents are binding on and will inure to the benefit of the District and the

Custom er and their respective successors and assigns and legal representatives.

(11) NO THIRD PARTY BENEFICIARIES. Except as expressly set forth in

this Rate Schedule 82, none of the provisions of the Customer Service Documents will

inure to the benefit of or be enforceable by any th ird p arty.

(12) ENTIRE AGREEMENT. The Customer Service Documents sets forth the

entire agreement of the Parties and supersede any an d all prior agreements with respect

to the subject matter of the Custom er Service Documents. The rights and obligations of

the Parties thereunder will be subject to and governed by the Customer Service

Documents. The headings used herein are for conven ience of reference only and will

not affect the meaning or interpretation of the Customer Service Docum ents.

(13) WAIVERS. Except as otherwise provided herein or as agreed by the

District and the Customer, no provision of the Customer Service Documents may be

waived except as documented or confirmed in writing. No w aiver at any time by aParty of any right w ith respect to a d efault u nd er the Customer Service Docum ents, or