RES-2013-186RESOLUTION NO. 2013 -186
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ADOPTING THE MODIFIED CITY OF
ANAHEIM TRANSMISSION OWNER TARIFF AND
AUTHORIZING THE PUBLIC UTILITIES GENERAL
MANAGER TO FILE THE MODIFIED TARIFF WITH
THE FEDERAL ENERGY REGULATORY
COMMISSION AND TAKE SUCH ACTIONS ARE
NECESSARY TO ADMINISTER AND IMPLEMENT THE
MODIFIED TARIFF.
WHEREAS, the City of Anaheim (City) in 2002 submitted an application to
the California Independent System Operator ( CAISO) to become a participating
transmission owner (PTO) under the terms of the CAISO Tariff by turning over
operational control of the City's transmission entitlements to the CAISO on January 1,
2003; and
WHEREAS, the City is required, as a PTO, to adopt and did adopt a City
transmission owner tariff entitled City of Anaheim, California FERC Electric Tariff (TO
Tariff) that includes the revenue requirement for the City's transmission entitlements that
were turned over to CAISO operational control; and
WHEREAS, the TO Tariff requires that the transmission revenue
requirement be adjusted annually to ensure that Transmission Revenue Credits received by
the City as specified in its TO Tariff flow through to transmission customers by utilizing a
Transmission Revenue Balancing Account Adjustment (TRBAA) which is a
balancing/tracking account whereby amounts not collected in previous periods are
collected in the next period and/or amounts over - collected in one period are applied against
the next period; and
WHEREAS, the TRBAA is recalculated annually consistent with the
CAISO Tariff and the TO Tariff, and a summary of the 2004 though 2014 TRBAA
calculations is set forth in the TRBAA Summary; and
WHEREAS, the City is required under the CAISO Tariff to submit the TO
Tariff for review either to the CAISO or to the Federal Energy Regulatory Commission
(FERC); and
WHEREAS, the City Council previously found and determined that it was
in the best interest of the City to file the TO Tariff with FERC under the FERC's rules and
regulations governing non jurisdictional rate filings; and
WHEREAS, the City Council hereby finds and determines that it is in the
best interest of the City to modify specific provisions of the TO Tariff, to update Appendix
I (Transmission Revenue Requirements and TRBAA) and Appendix 11 (Notice) provisions,
delete definitions and outdated language, and add a section concerning CAISO Grid
Deliverability in order to align the TO Tariff with current market mechanics and processes
within the CAISO Tariff, and
WHEREAS, the City Council hereby finds and determines that it would be
in the best interest of the City to annually incorporate the TRBAA calculation in Appendix
I for FERC filing without further City Council action so long as the annual TRBAA
calculation does not increase or decrease by more than 5% of the FERC approved
Transmission Revenue Requirement; and
WHEREAS, the City Council has considered the requirements of the
California Environmental Quality Act (CEQA) and finds that the additions and
modifications to the TO Tariff, including Appendix I and Appendix II, come within
Section 21080 (b)(8) of the Public Resources Code of the State of California and in
accordance with Title 14 of the California Administrative Code, Section 15273(a), and
based there on certifies that the additions and modifications to the TO Tariff are exempt
under CEQA, Public Resources Code, Section 21080 (b)(8), in accordance with Title 14 of
the California Administrative Code, Section 15273(a).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Anaheim as follows:
1. The City Council of the City of Anaheim hereby finds and determines
that, in accordance with CEQA and the CEQA Guidelines, the additions and modifications
of the City of Anaheim, California Transmission Owner Tariff, including Appendix I and
Appendix 11, by the City Council are exempt under CEQA pursuant to Section 21080
(b)(8) of the Public Resources Code of the State of California and Title 14 of the California
Administrative Code, Section 15273(a) because CEQA does not apply to the
establishment, modification, restructuring, or approval of rates and other charges by public
agencies for purposes such as those set forth herein.
2. The City Council hereby approves the 2014 and revised 2013
Transmission Revenue Balancing Account Adjustment (TRBAA) and ratifies the prior
annual TRBAA calculations set forth in the TRBAA Summary that were incorporated into
each annual Appendix I submitted for filing with the Federal Energy Regulatory
Commission (FERC) as non - jurisdictional rate filings.
3. The City Council hereby authorizes future annual calculations of the
Transmission Revenue Balancing Account Adjustment (TRBAA) and, so long as each
annual TRBAA calculation does not increase or decrease by more than 5% of the FERC
approved Transmission Revenue Requirement, directs that those future annual calculations
to be incorporated into Appendix 1, which is to be annually submitted for filing with FERC
as non jurisdictional rate filings.
2
3. The City Council hereby adopts the City of Anaheim, California FERC
Electric Tariff (TO Tariff) and authorizes and directs the Public Utilities General Manager
or designees, on behalf of the City, to file the TO Tariff, including Appendix I and
Appendix II, with the FERC as a non jurisdictional rate filings.
4. The Public Utilities General Manager and the Assistant General
Manager - Joint Services and their designees, on behalf of the City, are authorized and
directed to prepare and publish the TO Tariff, including Appendix I and Appendix II, and
annually thereafter Appendix I, and to do any and all things and to take all actions as are
necessary to administer and implement the TO Tariff including the annual Appendix I
FERC filings.
THE FOREGOING RESOLUTION is approved and adopted by the City
Council of the City of Anaheim this 17th day of December ,
2013, by the following roll call vote:
AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
MA OR OF THE City OF ANAHEIM
ATTEST:
CITY CLERK OFT CITY Ot ANAHEIM
98927
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City of Anaheim, California FERC Electric Tariff (TO Tariff)
[Following Pages]
98927
CITY OF ANAHEIM, CALIFORNIA
FERC ELECTRIC TARIFF
TABLE OF CONTENTS
P ..............................
EffectiveDate ..................................................................................... ............................... 2
TODefinitions .................................................................................... ............................... 3
Eligibility............................................................................................. ............................... 4
AccessCharges ................................................................................... ............................... 5
TransmissionRevenue Requirement ........................................ ............................... 5.1
Transmission Revenue Balancing Account Adjustment ("TRBAA ") .................. 5.2
Ancillary Services -- Applicability and Charges ............................... ............................... 6
Billingand Payment ........................................................................... ............................... 7
Expansion and Interconnection for Anaheim's Interests in STS, MPP, MAP,
andMarketplace Substation ............................................................. ............................... 8
Expansion..................................................................................... ............................... 8.1
Interconnection........................................................................... ............................... 8.2
ProjectManagers and Operators .............................................. ............................... 8.3
Obligation to Interconnect or Construct Transmission Expansions and
FacilityUpgrades ............................................................................. ............................... 8a
Participating TO Obligation to Interconnect ......................... ............................... 8a.1
Participating TO Obligation to Construct Transmission Expansions or
FacilityUpgrades ...................................................................... ............................... 8a.2
Request for FERC Deference Regarding Need Determination ........................... 8a.3
Expansion Process for Anaheim's Interests in STS, MPP, MAP, and
MarketplaceSubstation ..................................................................... ............................... 9
ExpansionProcess ............................................................................ ............................... 9a
Determinationof Facilities ....................................................... ............................... 9a.1
Obligationto Build .................................................................... ............................... 9a.2
Provisions Relating To Transmission Construction On the
SystemsOf Other TOs .............................................................. ............................... 9a.3
Interconnection Process for Anaheim's Interests in STS, MPP, MAP,
andMarketplace Substation ........................................................... ............................... 10
InterconnectionProcess ................................................................. ............................... 10a
Applicability................................................................................. ..........................10a.1
Applications.................................................................................. ..........................10a.2
InterconnectionApplication ....................................................... ..........................10a.3
Review of Completed Interconnection Application .................. ..........................10a.4
Notice of Need for System Impact Study ................................... ..........................10a.5
System Impact Study Cost Reimbursement and Agreement ... ..........................10a.6
SystemImpact Study Procedures .......................................... ............................... 10a.7
Noticeof Need for Facilities Study ........................................ ............................... 10a.8
FacilitiesStudy Procedures .................................................... ............................... 10a.9
PartialInterim Service ............................................................... .........................10a.10
ExpeditedProcedures for New Facilities ............................ ............................... 10a.11
UncontrollableForces and Indemnification .................................... .............................11
Procedures to Follow if Uncontrollable Force Occurs .............. ...........................11.1
Indemnification.............................................. ............................... ...........................11.2
RegulatoryFilings ............................................................................ ............................... 12
Miscellaneous...................................................................................... .............................13
Notices........................................................................................ ............................... 13.1
Waiver............................................................. ............................... ...........................13.2
Confidentiality................................................ ............................... ...........................13.3
Titles................................................................ ............................... ...........................13.4
Severability..................................................... ............................... ...........................13.5
Preservationof Obligations ........................... ............................... ...........................13.6
GoverningLaw .......................................................................... ............................... 13.7
AppendicesIncorporated .............................. ............................... ...........................13.8
Consistencywith ISO Tariff ......................... ............................... ...........................13.9
Disputes.................................................................................... ............................... 13.10
ISO Grid Deliverability ................................ ............................... ..........................13.11
1. Preamble. Anaheim's TRR for its high voltage transmission facilities and Entitlements
placed under the ISO's operational control, and certain terms and conditions relating to
transmission expansion of and interconnection with Anaheim's high voltage transmission
facilities and Entitlements placed under the ISO's operational control, are set forth in this
TO Tariff.
2. Effective Date. This TO Tariff is effective on the date on which Anaheim becomes a
Participating TO and shall continue to be effective so long as Anaheim is a party to the
TCA.
3. TO Definitions. Certain capitalized terms used in this TO Tariff that are set out
immediately below shall have the meanings set out immediately below. Capitalized
terms used in this tariff and not defined below shall have the meanings set out in the ISO
Tariff as it may be amended from time to time.
3.1 Completed Application Date. The date on which a party submits an
Interconnection Application that satisfies the requirements of a Completed
Interconnection Application.
3.2 Completed Interconnection Application. An application that satisfies all of the
information and other requirements of this TO Tariff, including any required
deposit.
3.3 Direct Assignment Facilities. Facilities or portions of facilities that are
constructed by the Participating TO for the sole use or benefit of a particular
party requesting Interconnection under this TO Tariff. Direct Assignment
Facilities shall be specified in the Interconnection Agreement that governs
service to such party.
3.4 Facilities Study Agreement. An agreement between a Participating TO and
either a party requesting Interconnection to the ISO Controlled Grid, Market
Participant, Project Sponsor, or identified principal beneficiaries pursuant to
which the party requesting such Interconnection, Market Participants, Project
Sponsor, or identified principal beneficiaries agrees to reimburse the
Participating TO for the cost of performing or reviewing a Facilities Study.
3.5 Facility or Facilities Study. An engineering study conducted to determine
required modifications to the Participating TO's transmission system, including
estimated cost and scheduled completion date for such modifications that will be
required to provide needed services.
3.6 Local Regulatory Authority. In the case of Anaheim, the Anaheim City
Council.
3.7 MAP Joint Ownership Agreement. That certain agreement entered into by the
Mead - Adelanto Project owners, as the same may be revised, amended or
supplemented from time to time.
3.8 MAP Coordinating Committee. Governing committee of the MAP.
3.9 MAP Operation Agreement. That certain agreement entered into by the Mead-
Adelanto Project owners and Los Angeles, which, among other things, designates
Los Angeles as operation manager for the Mead - Adelanto Project.
3.10 Marketplace Administrative Committee. Governing committee of the
Marketplace Substation.
3.11 Marketplace Owners. Each of the Mead - Phoenix owners and each of the
Mead - Adelanto owners, their successors and assigns.
3.12 Marketplace Substation. The common terminal for the Mead - Phoenix and
Mead - Adelanto Projects and includes the Marketplace - McCullough tie line as
common facilities, as more fully described in the Marketplace Substation
Participation Agreement.
3.13 Marketplace Substation Participation Agreement. That certain agreement
entered into by the Marketplace Owners, which provides, among other things, for
ownership, construction, operation, maintenance, and rights of use associated
with the Marketplace Substation.
3.14 Mead - Adelanto Project or MAP. A 500 kV AC transmission line with
termination facilities at the Adelanto Switching station and Marketplace
Substation, as more fully described in the Mead - Adelanto Project Agreements as
defined in the MAP Joint Ownership Agreement.
3.15 Mead - Phoenix Project or MPP. A 500 kV AC transmission line
interconnecting the Westwing Switchyard, Mead Substation, and Marketplace
Substation, as more fully described in the Mead - Phoenix Agreements as defined
in the Mead - Phoenix Project Joint Ownership Agreement.
3.16 MPP Joint Ownership Agreement. That certain agreement entered into by the
Mead - Phoenix Project owners, as the same may be revised, amended or
supplemented from time to time.
3.17 MPP Management Committee. Governing committee of the MPP.
3.18 MPP Operation Agreement. That certain agreement entered into by the Mead -
Phoenix Project owners, SRP and Western, which, among other things,
designates SRP and Western as operation managers for the Mead - Phoenix
Project.
3.19 Participating TO. A party to the TCA whose application under Section 2.2 of
the TCA has been accepted and who has placed its transmission assets and
Entitlements under the ISO's Operational Control in accordance with the TCA.
A Participating TO may be an Original Participating TO or a New Participating
TO. For purposes of this TO Tariff, the Participating TO is Anaheim.
3.20 Participation Agreement. An agreement between a Participating TO and a
Project Sponsor that specifies the terms and conditions under which the
Participating TO will construct a transmission addition or upgrade on behalf of
the Project Sponsor.
3.21 Project Proponent. A Market Participant or group of Market Participants that:
(i) advocates a transmission addition or upgrade; (ii) is unwilling to pay the full
cost of the proposed transmission addition and upgrade, and thus is not a Project
Sponsor; and (iii) initiates proceedings under the ISO ADR Procedures to
determine the need for the proposed transmission addition or upgrade.
3.22 Reliability Upgrade. The transmission facilities, other than Direct Assignment
Facilities, beyond the first point of Interconnection necessary to interconnect a
New Facility or wholesale load safely and reliably to the ISO Controlled Grid,
which would not have been necessary but for the Interconnection of a New
Facility or wholesale load, including network upgrades necessary to remedy short
circuit or stability problems resulting from the interconnection of a New Facility
or wholesale load to the ISO Controlled Grid. Reliability Upgrades also include,
consistent with WSCC practice, the facilities necessary to mitigate any adverse
impact a New Facility's or wholesale load's interconnection may have on a
path's WSCC path rating. Reliability Upgrades shall be specified in the
Interconnection Agreement that governs Interconnection service to the New
Facility Operator or wholesale load and shall be subject to FERC approval.
3.23 Southern Transmission System ( "STS "). The direct current transmission line
between the Intermountain Power Project ( "IPP ") and the Adelanto Switching
Station.
3.24 System Impact Study. An engineering study conducted to determine whether a
request for Interconnection to the ISO Controlled Grid would require new
transmission additions, upgrades, or mitigation measures.
3.25 System Impact Study Agreement. An agreement between a Participating TO
and an entity that has requested Interconnection to the Participating TO's
transmission system pursuant to which the entity requesting Interconnection
agrees to reimburse the Participating TO for the cost of a System Impact Study.
3.26 Transmission Revenue Balancing Account Adjustment ( "TRBAA "). A
mechanism established by the Participating TO which will ensure that all
Transmission Revenue Credits and other credits specified in Sections 6 and 8 of
Appendix F, Schedule 3 of the ISO Tariff, flow through to ISO Tariff and TO
Tariff transmission customers.
3.27 Transmission Revenue Credit. All revenues received by the Participating TO
from the ISO for Wheeling service.
3.28 Transmission Revenue Requirement ("TRR"). The TRR is the total annual
authorized revenue requirements associated with transmission facilities and
Entitlements turned over to the Operational Control of the ISO by the
Participating TO. The costs of any transmission facility turned over to the
Operational Control of the ISO shall be fully included in the Participating TO's
TRR. The TRR includes the costs of transmission facilities and Entitlements and
deducts Transmission Revenue Credits and credits for Standby Transmission
Revenue and the transmission revenue expected to be actually received by the
Participating TO for Existing Rights and Converted Rights. The TRR is shown
in Appendix I.
4. Eligibility. Transmission service over Anaheim's high voltage transmission facilities and
Entitlements placed under the ISO's Operational Control shall be provided only to
Eligible Customers as defined by the ISO Tariff. Any dispute as to whether a customer is
eligible for wholesale transmission service shall be resolved by FERC and any dispute as
to whether an Anaheim End -Use Customer is eligible for service under this TO Tariff
shall be resolved by the Local Regulatory Authority. At the present time, there are no
Anaheim End -Use Customers eligible for service under this tariff.
5. Access Charges. The applicable Access Charges are provided in the ISO Tariff.
5.1 Transmission Revenue Requirement. As set forth in the ISO Tariff, the
Transmission Revenue Requirement for each Participating TO shall be used to
develop the Access Charges set forth in the ISO Tariff. Anaheim's Transmission
Revenue Requirement, as approved by its City Council and filed with the FERC,
is set forth in Appendix I.
5.2 Transmission Revenue Balancing Account Adjustment ( "TRBAA "). The
Participating TO shall maintain a Transmission Revenue Balancing Account
( "TRBA ") that will ensure that all Transmission Revenue Credits and the
refunds, specified in Sections 6 and 8 of Appendix F, Schedule 3 of the ISO
Tariff, flow through to transmission customers. The TRBAA shall be equal to:
TRBAA = TRC + TRC I.
TRC = The balance representing the prior period difference between the
projected Transmission Revenue Credits and the actual credits.
TRC = The forecast of Transmission Revenue Credits for the following
calendar year.
I = The interest balance for the TRBA, which shall be calculated
using the interest rate pursuant to Section 35.19(a) of FERC's
regulations under the Federal Power Act (18 CFR Section
35.19(a)). Interest shall be calculated based on the average
TRBA principal balance each month, compounded quarterly.
The Anaheim TRBAA, calculated in accordance with the ISO Tariff, is stated in
Appendix I.
6. Ancillary Services -- Applicability and Charges. If any Ancillary Services are required,
Anaheim will not provide such services, but transmission customer will be required to
meet any such requirement in accordance with the ISO Tariff.
7. Billing and Payment.
7.1 [intentionally left blank]
7.2 The ISO, in accordance with the ISO Tariff, shall pay the Participating TO,
among other things, Wheeling and Access Charge revenues in accordance with
the ISO Tariff.
7.3 Users of Anaheim's high voltage transmission facilities and Entitlements placed
under the ISO's Operational Control shall pay to the ISO all applicable charges in
accordance with the ISO Tariff.
8. Expansion and Interconnection for Anaheim's Interests in STS, MPP, MAP, and
Marketplace Substation. Expansion of and/or interconnection to the high voltage
transmission facilities presently placed under the ISO's Operational Control by Anaheim,
which consist of Anaheim's minority interests in the STS, MPP, MAP, and the
Marketplace Substation, require approval of the owners and/or the management
committees of those facilities. Therefore Anaheim does not have the legal authority to
compel expansion and interconnection. Anaheim will submit, or assist in the submission
of, expansion and /or interconnection requests from third parties to the appropriate bodies
of a project pursuant to the individual agreements. It is Anaheim's intent to facilitate the
submission of such requests to the full extent allowed by the agreements governing or
otherwise applying to those projects and the applicable laws and regulations. The project
agreements have the provisions, described immediately below, that address expansion
and interconnection requests. Third parties making such requests will be responsible for
reimbursing all of Anaheim's reasonable expenses incurred by Anaheim in facilitating
submission of such requests to such governing bodies. Sections 8a, 9a, and 10a, and their
subparts, of this Anaheim TO Tariff shall apply as described in Section 8a.
8.1 Expansion
8.1.1 Southern Transmission System. Pursuant to Section 6 of the
Intermountain Power Project Construction Management and Operating
Agreement, the Coordinating Committee may consider increasing the
available transmission capability of the transmission line.
8.1.2 Mead - Adelanto Project. Pursuant to Section 11.4 of the MAP
Operation Agreement, the Project Coordinating Committee may consider
increasing the available transmission capability of the transmission line.
8.1.3 Mead - Phoenix Project. Pursuant to Section 11.4 of the MPP Operation
Agreement, the Project Management Committee may consider increasing
the available transmission capability of the transmission line.
8.1.4 Marketplace Substation. Pursuant to Section 10.6 of the Marketplace
Substation Participation Agreement, the Administrative Committee may
consider increasing the capability of the Substation.
8.2 Interconnection
8.2.1 Southern Transmission System. Pursuant to Section 6.13 of the
Intermountain Power Project Construction Management and Operating
Agreement, the Coordinating Committee has the power to approve and
designate contracts.
8.2.2 Mead - Adelanto Project. Pursuant to Section 6.2.10 of the MAP
Ownership Agreement, the Project Coordinating Committee has the
power to approve and designate contracts.
8.2.3 Mead- Phoenix Project. Pursuant to Section 6.2.10 of the MPP
Ownership Agreement, the Project Management Committee has the
power to approve and designate contracts.
8.2.4 Marketplace Substation. Pursuant to Section 13 of the Marketplace
Substation Participation Agreement, any entity may interconnect
transmission lines at the Marketplace Substation subject to approval by
each Marketplace Owner and execution of an interconnection agreement
between the Marketplace Owners and the requesting entity.
8a.
8.3 Project Managers and Operators. Each transmission project in which
Anaheim has Entitlements has a project manager and an operating agent or
manager. They are as follows and can be contacted in connection with any
request for expansion or interconnection.
STS
Project Manager
LADWP
Operating Agent
LADWP
Mead - Phoenix Project
Mead - Adelanto Project
Marketplace Substation
SRP, WAPA (DSW)
LADWP
LADWP
SRP, WAPA (DSW)
LADWP
LADWP
Obligation to Interconnect or Construct Transmission Expansions and Facility
Upgrades.
8a.1 Participating TO Obligation to Interconnect. Sections 8a, 9a, and 10a, and
their subparts, are provided for consistency with other PTOs' TO Tariffs and for
potential future application should Anaheim acquire transmission facilities or
acquire additional legal authority in its existing facilities that would provide
Anaheim sufficient legal authority to implement those Sections. Sections 8a, 9a,
and I Oa have no current application to the transmission facilities turned over to
ISO operational control by Anaheim, which facilities are Anaheim's minority
interests in STS, MAP, MPP, and the Marketplace Substation, which are covered
solely by Sections 8, 9, and 10 as to expansions and interconnections. Neither
are they presently applicable to any other Anaheim facilities. If the situation
changes so that Anaheim has legal authority over transmission facilities so that
Anaheim is able to implement the provisions of Sections 8a, 9a, and 10a so that
those provisions become effective, to the extent consistent with Sections 9a.2
and 9a.3 of this TO Tariff, the Participating TO shall, at the request of a third
party pursuant to Section 210, interconnect its system to the generation of such
third party, or modify an existing Interconnection. Interconnections under this
TO Tariff shall be available to entities eligible to request interconnection
consistent with the provisions of Section 210(a) of the FPA.
8x.1.1 Interconnection to Transmission System. Interconnection must be
consistent with Good Utility Practice, in conformance with all
Applicable Reliability Criteria, all applicable statutes, regulations and
ISO reliability criteria for the ISO Controlled Grid. The Participating TO
will not accommodate the Interconnection if doing so would impair
system reliability, or would otherwise adversely affect the ability of the
Participating TO to honor its Encumbrances existing as of the time a
party submits its Interconnection Application. The Participating TO
shall identify any such adverse effect on its Encumbrances in the System
Impact Study performed pursuant to Section 10a.7. To the extent the
Participating TO determines that the Interconnection will have an
adverse effect on Encumbrances, the party requesting Interconnection
shall mitigate such adverse effect.
8a.1.2 Costs Associated with Interconnection. Each party requesting
Interconnection shall pay the costs of planning, installing, owning,
operating, and maintaining any Direct Assignment Facilities and, if
applicable, any Reliability Upgrades required to provide the requested
Interconnection. In addition, such party shall implement all existing
operating procedures necessary to safely and reliably interconnect such
party's generation or wholesale load to the facilities of the Participating
TO and to ensure the ISO Controlled Grid's conformance with the ISO
Grid Planning Criteria, and shall bear all costs of implementing such
operating procedures. A New Facility Operator shall be responsible for
the costs of Reliability Upgrades only if the necessary facilities are not
included in the ISO Controlled Grid Transmission Expansion Plan
approved as of the New Facility Operator's Completed Application Date,
or the date for the installation of a facility is advanced by the
interconnection of the New Facility, in which case the New Facility
Operator shall be responsible only for the incremental costs associated
with the earlier installation of the facility. Each New Facility Operator
may, at its own discretion, sponsor, pursuant to Section 3.2 of the ISO
Tariff and Section 9a of this TO Tariff, any Delivery Upgrades. Any
additional costs associated with accommodating the Interconnection shall
be allocated in accordance with the cost responsibility methodology set
forth in the ISO Tariff for transmission expansions or upgrades.
8a.1.3 Interconnection Agreement. Pursuant to Section 10a.4, 10a.7.1, or
I Oa.9.1, a party requesting Interconnection shall request in writing that
the Participating TO tender to such party an Interconnection Agreement
that will be filed with FERC, or the Local Regulatory Authority, in the
case of a Local Publicly Owned Electric Utility. The Interconnection
Agreement will include, without limitation, cost responsibilities and
payment provisions for any engineering, equipment, construction,
ownership, operation and maintenance costs for any Direct Assignment
Facilities, any Reliability Upgrades, any Delivery Upgrades, if
applicable, and for any other mitigation measures. For an
Interconnection request to remain a Completed Interconnection
Application, the party requesting the Interconnection shall execute the
Interconnection Agreement and return it to the Participating TO within
thirty (30) Business Days of receipt. Alternatively, if an Eligible
Customer requesting the Interconnection requests the Participating TO to
file an unexecuted Interconnection Agreement and commits to abide by
the terms, conditions, and cost assignments determined to be just and
reasonable under the ISO ADR Procedures, including any determination
by FERC or on appeal of a FERC determination in accordance with that
process, the Participating TO shall promptly file an unexecuted
Interconnection Agreement. Provided, however, that if the ISO ADR
Procedures concerns whether the requesting entity is an Eligible
Customer, the Participating TO shall not be obligated to file an
unexecuted Interconnection Agreement or commence construction of the
Interconnection facilities or incur other costs under the Interconnection
Agreement until a final order determining the just and reasonable rates,
terms, and conditions for such Interconnection Agreement has been
issued by the applicable court or regulatory authority. The
Interconnection Agreement will set forth a payment schedule that
enables the Participating TO to recover its costs. If the applicant elects
not to execute the Interconnection Agreement and does not request the
Participating TO to file an unexecuted Interconnection Agreement, its
Completed Interconnection Application shall be deemed withdrawn, and
the applicant shall reimburse to the Participating TO all costs reasonably
incurred in processing the application not covered by any System Impact
Study Agreement or Facilities Study Agreement. To maintain its queue
position, the New Facility Operator must timely comply with the
interconnection requirements of Section 5.7 of the ISO Tariff and
Sections 8a.1 and I Oa of this TO Tariff. If the New Facility Operator
fails to timely comply with such interconnection requirements, such New
Facility Operator shall pay the reasonable costs of revising the System
Impact Studies for other New Facility Operators that have established a
new queue position due to the New Facility Operator either withdrawing
its Interconnection Application or because its queue position has been
modified pursuant to the queuing provisions in Section 5.7.4.4 of the ISO
Tariff.
8a.1.4 Coordination with ISO on Interconnection Requests. The
Participating TO shall use due diligence to construct, within a reasonable
time, any Direct Assignment Facilities and any Reliability Upgrades that
it is obligated to construct pursuant to this TO Tariff and, as applicable,
Section 5.7 of the ISO Tariff. The Participating TO's obligation to build
will be subject to: 1) its ability, after making a good faith effort, to
obtain any necessary approvals and property rights under applicable
federal, state, and local laws; 2) the presence of a cost recovery
mechanism with cost responsibility assigned in accordance with the ISO
Tariff or applicable FERC precedent; and 3) a signed Interconnection
Agreement or a signed Expedited Interconnection Agreement or, by
mutual agreement of the parties, FERC acceptance for filing of an
unexecuted Interconnection Agreement.
8a.1.5 Energization. The Participating TO shall not be obligated to energize,
nor shall the New Facility Operator or wholesale load be entitled to have
its interconnection to the ISO Controlled Grid energized, unless and until
an Interconnection Agreement has been executed, or filed at FERC
pursuant to Section 8a.1.3, and becomes effective and such New Facility
Operator or wholesale load has demonstrated to the ISO's reasonable
satisfaction that it has complied with all of the requirements of Section
5.7 of the ISO Tariff and the requirements of this TO Tariff.
8a.1.6 Coordination with ISO on Interconnection Requests. The
Participating TO shall coordinate with the ISO, pursuant to the
provisions of the TCA, in developing Interconnection standards and
guidelines for processing Interconnection requests under this TO Tariff.
8a.2 Participating TO Obligation to Construct Transmission Expansions or
Facility Upgrades. The Participating TO shall be obligated to: (1) perform
System Impact or Facility Studies where the Project Sponsor or the ISO agrees to
pay the study cost and specifies the project objectives to be achieved, and (2)
build transmission additions and facility upgrades where the Participating TO is
obligated to construct or expand facilities in accordance with and subject to the
limitations of Section 3.2 of the ISO Tariff and this TO Tariff.
8a.2.1 Obligation to Construct. A Participating TO shall not be obligated to
construct or expand Interconnection facilities or system upgrades unless
and until the conditions stated in Section 9a.2.1 hereof have been
satisfied.
8a.2.2 Local Furnishing Participating TO Obligation to Construct. A Local
Furnishing Participating TO shall not be obligated to construct or expand
Interconnection facilities or system upgrades unless and until the
conditions stated in Section 9a.3.3 hereof have been satisfied.
8a.3 Request for FERC Deference Regarding Need Determination. It is intended
that FERC grant substantial deference to the factual determinations of the ISO,
(including the ISO's ADR Procedures), the Anaheim City Council, WECC, or
RTG coordinated planning processes as to the need for or construction of a
facility, the need for full cost recovery, and the allocation of costs.
9. Expansion Process for Anaheim's Interests in STS, MPP, MAP, and Marketplace
Substation. The Expansion process for Anaheim's Interests in STS, MPP, MAP, and
Marketplace Substation, which it has turned over to ISO operational control, is as stated
in Section 8 above. Section 9a and its subparts do not currently apply to those interests or
any other Anaheim facilities.
9a. Expansion Process.
9a.1 Determination of Facilities. A Participating TO shall perform a Facilities Study
in accordance with this Section where (1) the Participating TO is obligated to
construct or expand facilities in accordance with the ISO Tariff and this TO
Tariff, (2) a Market Participant agrees to pay the costs of the Facilities Study and
specifies the project objectives to be achieved in terms of increased capacity or
reduced congestion; or (3) the Participating TO is required to perform a Facilities
Study pursuant to the ISO Tariff.
9a.1.1 Payment of Facilities Study's Cost.
9a.1.1.1 Market Participant to Pay for Facilities Study. Where a
Market Participant requests a Facilities Study and the need for
the transmission addition or upgrade has not yet been
established in accordance with the procedures established
herein and the ISO Tariff, the Market Participant shall pay the
cost of the Facilities Study.
9a.1.1.2 Project Sponsor or Project Proponent to Pay for Facilities
Study. Where the facilities to be added or upgraded have been
determined to be needed in accordance with the procedures
established herein and the ISO Tariff, the Project Sponsor,
Project Proponent, or the ISO requesting the study shall pay
the reasonable cost of the Facilities Study. When the
Participating TO is the Project Sponsor in accordance with the
ISO Tariff, the costs of the Facilities Study shall be recovered
through the Access Charges and transmission rates.
9a.1.1.3 Principal Beneficiaries to Pay for Facilities Study. Where
the facilities to be added or upgraded have been determined to
be needed and the principal beneficiaries have been identified
by the ISO or ISO ADR Procedures in accordance with the
ISO Tariff, the Project Sponsor and the identified principal
beneficiaries shall pay the reasonable cost of the Facilities
Study, in such proportions as may be agreed, or, failing
agreement, as determined in accordance with the ISO ADR
Procedures.
9a.1.2 Payment Procedure. Where a Facilities Study is being conducted
pursuant to this TO Tariff, the Participating TO shall, as soon as
practicable, tender to the Market Participant, Project Sponsor, Project
Proponent, ISO, or identified principal beneficiaries, as the case may be,
a Facilities Study Agreement that defines the scope, content,
assumptions, and terms of reference for such study, the estimated time
required to complete it, and such other provisions as the parties may
reasonably require and pursuant to which such Market Participant,
Project Sponsor, Project Proponent, the ISO, or identified principal
beneficiaries agree to reimburse the Participating TO the reasonable cost
of performing the required Facilities Study. If the Market Participant,
Project Sponsor, Project Proponent, the ISO, or identified principal
beneficiaries, as the case may be, agree to the terms of the Facilities
Study Agreement, they shall execute the Facilities Study Agreement and
return it to the Participating TO within ten Business Days. If such
Market Participant, Project Sponsor, Project Proponent, the ISO, or
identified principal beneficiary elects not to execute a Facilities Study
Agreement, the Participating TO shall have no obligation to complete a
Facilities Study.
9a.1.3 Facilities Study Procedures. Upon receipt of an executed Facilities
Study Agreement, a copy of which has been provided to the ISO by the
party requesting the Facilities Study, the Participating TO will use due
diligence to complete the required Facilities Study in accordance with the
terms of the Facilities Study Agreement.
9a.2 Obligation to Build.
9a.2.1 Due Diligence to Construct. Subject to Section 9a.3.3 of this TO
Tariff, the Participating TO shall use due diligence to construct, within a
reasonable time, additions or upgrades to its transmission system that it is
obligated to construct pursuant to the ISO Tariff and this TO Tariff. The
Participating TO's obligation to build will be subject to: 1) its ability,
after making a good faith effort, to obtain the necessary approvals and
property rights under applicable federal, state, and local laws; 2) the
presence of a cost recovery mechanism with cost responsibility assigned
in accordance with the ISO Tariff, and 3) a signed Participation
Agreement. The Participating TO will not construct or expand its
existing or planned transmission system, if doing so would impair system
reliability as determined through systems analysis based on the
Applicable Reliability Criteria.
9a.2.2 Delay in Construction or Expansion. If any event occurs that will
materially affect the time for completion of new facilities, or the ability
to complete them, the Participating TO shall promptly notify: (1) the
Project Sponsor with regard to facilities determined to be needed; (2) the
Parties to the Participation Agreement with regard to facilities
determined to be needed pursuant to the ISO Tariff where principal
beneficiaries were identified; and (3) the ISO. In such circumstances, the
Participating TO shall, within thirty days of notifying such Project
Sponsor, Parties to the Participation Agreement, and the ISO of such
delays, convene a technical meeting with such Project Sponsor, Parties to
the Participation Agreement, and the ISO to discuss the circumstances
which have arisen and evaluate any options available. The Participating
TO also shall make available to such Project Sponsor, Parties to the
Participation Agreement, and the ISO, as the case may be, studies and
work papers related to the cause and extent of the delay and the
Participating TO's ability to complete the new facilities, including all
information that is in the possession of the Participating TO that is
reasonably needed to evaluate the alternatives.
9a.2.2.1 Alternatives to the Original Facility Additions. If the
review process of Section 9a.2.2 determines that one or more
alternatives exist to the originally planned construction project,
the Participating TO shall present such alternatives for
consideration to the Project Sponsor, Parties to the
Participation Agreement, and the ISO, as the case may be. If
upon review of any alternatives, such Project Sponsor, the
ISO, or Parties to the Participation Agreement wish to evaluate
or to proceed with one of the alternative additions or upgrades,
such Project Sponsor, the ISO, or Parties to the Participation
Agreement may request that the Participating TO prepare a
revised Facility Study pursuant to Sections 9a.1.1, 9a.1.2, and
9a.1.3 of this TO Tariff. In the event the Participating TO
concludes that no reasonable alternative exists to the originally
planned addition or upgrade and the Project Sponsor or Parties
to the Participation Agreement or the ISO disagree, the dispute
shall be resolved pursuant to the ISO ADR Procedure
9a.2.2.2 Refund Obligation for Unfinished Facility Additions. If the
Participating TO and the Project Sponsor, the ISO, or Parties
to the Participation Agreement, as the case may be, mutually
agree that no other reasonable alternatives exist, the obligation
to construct the requested additions or upgrades shall terminate
and any deposit not yet applied toward the expended project
costs shall be returned with interest pursuant to FERC
Regulation 35.19(a)(2)(iii). However, the Project Sponsor and
any identified principal beneficiaries, as the case may be, shall
be responsible for all costs prudently incurred by the
Participating TO through the time the construction was
suspended.
9a.3 Provisions Relating To Transmission Construction On the Systems Of Other
TOs.
9a.3.1 Responsibility for Third Party Additions. A Participating TO shall
not be responsible for making arrangements for any engineering,
permitting, and construction of any necessary facilities additions on the
system(s) of any other entity or for obtaining any regulatory approval for
such facilities. The Participating TO will undertake reasonable efforts
through the coordinated planning process to assist in making such
arrangements, including, without limitation, providing any information
or data required by such other electric system pursuant to Good Utility
Practice.
9a.3.2 Coordination of Third -Party System Additions. Where transmission
additions or upgrades being built pursuant to the ISO Tariff require
additions or upgrades on other systems, to the extent consistent with
Section 9a.3.3 of this TO Tariff, the Participating TO shall coordinate
construction on its own system with the construction required by others.
The Participating TO, after consultation with the ISO, the Project
Sponsor, and Parties to the Participation Agreement, as the case may be,
may defer construction if the new transmission facilities on another
system cannot be completed in a timely manner. The Participating TO
shall notify such Project Sponsor, Parties to the Participation Agreement,
and the ISO, in writing of the basis for any decision to defer construction
and the specific problems which must be resolved before it will initiate
or resume construction of the new facilities. Within forty Business Days
of receiving written notification by the Participating TO of its intent to
defer construction pursuant to this section, such Project Sponsor, Parties
to the Participation Agreement, or the ISO may challenge the decision in
accordance with the ISO ADR Procedure.
9a.3.3 Expansion by "Local Furnishing Participating TOs ".
Notwithstanding any other provision of this TO Tariff, prior to
requesting that a Local Furnishing Participating TO construct or expand
facilities, the ISO or Project Sponsor shall tender (or cause to be
tendered) an application under Section 211 of the FPA requesting FERC
to issue an order directing the Local Furnishing Participating TO to
construct or expand facilities as necessary to provide transmission
service as determined pursuant to the ISO Tariff. Such Local Furnishing
Participating TO shall thereafter, within ten Business Days of receiving a
copy of the Section 211 application, waive its right to a request for
service under Section 213(a) of the FPA and to the issuance of a
proposed order under Section 212(c) of the FPA. Upon receipt of a final
order from FERC under Section 211 of the FPA that is no longer subject
to rehearing or appeal, such Local Furnishing Participating TO shall
construct or expand facilities to comply with that FERC order and shall
transfer to the ISO Operational Control over the Local Furnishing
Participating TO's expanded transmission facilities in accordance with
the ISO Tariff.
10. Interconnection Process for Anaheim's Interests in STS, MPP, MAP, and
Marketplace Substation. The interconnection process for Anaheim's Interests in STS,
MPP, MAP, and Marketplace Substation, which it has turned over to ISO operational
control, is as stated in Section 8 above. Section 10a, and its subparts, do not currently
apply to those interests or any other Anaheim facilities.
10a. Interconnection Process.
10a.1 Applicability. All requests for Interconnection directly to the ISO Controlled
Grid from parties eligible to request such Interconnection consistent with Section
210(a) of the FPA shall be processed pursuant to the provisions of this Section
I Oa which is subject to the applicable interconnection, integration, exchange,
operating, joint ownership and joint participation agreements, and the rights and
obligations of owners of jointly -owned facilities.
10x.2 Applications. Except as provided in Section I0a.2.1, a party requesting
Interconnection shall submit a written Interconnection Application which
provides the information required in Section 10.3 to the Participating TO and
shall send a copy of the application to the ISO. The Participating TO shall time -
stamp the application to establish study priority.
10a.2.1 New Facility Operator. If the party requesting Interconnection to the
ISO Controlled Grid is a New Facility Operator, such party shall submit
a written Interconnection Application to the ISO pursuant to Section
5.7.3 of the ISO Tariff that shall include the information required in
Section 10a.3 of this TO Tariff.
10a.3 Interconnection Application. An Interconnection Application shall provide all
of the information listed in 18 CFR § 2.20, including, but not limited to, the
following:
(i) The identity, address, telephone number, and facsimile number of the party
requesting Interconnection;
(ii) The Interconnection point(s) to the ISO Controlled Grid contemplated by the
applicant;
(iii) The resultant (or new) maximum amount of Interconnection capacity;
(iv) The proposed date for energizing the Interconnection and the term of the
Interconnection Service;
(v) If the applicant is a New Facility Operator, completed generator data sheets
pursuant to the requirements of the Participating TO;
(vi) Such other information as the Participating TO reasonably requires to
process the application.
In addition to the information specified above, the following information may
also be provided in order to properly evaluate system conditions:
(vii) If the applicant is a wholesale load, the electrical location of the source of
the power (if known) to be transmitted pursuant to the applicant's request for
Interconnection. If the source of the power is not known, a system purchase will
be assumed;
(viii) If the applicant is a New Facility Operator, the electrical location of the
ultimate load (if known). If the location of the load is not known, a system sale
will be assumed.
In addition, if a New Facility Operator proposes to perform or cause a third party
to perform any required System Impact Study or any required Facilities Study, it
shall so indicate in its Interconnection Application. The results of any study or
studies performed by a New Facility Operator must be approved by both the ISO
and the Participating TO.
Within ten (10) Business Days after receipt of an Interconnection Application,
the Participating TO, and the ISO, if applicable, shall determine whether the
application is complete ( "Completed Interconnection Application "). Wherever
possible, the Participating TO will attempt to remedy deficiencies in the
Interconnection Application through informal communications with the
applicant. If such efforts are unsuccessful, the Participating TO shall return the
Interconnection Application to the applicant or to the ISO if the applicant is a
New Facility Operator. The Participating TO will treat the information provided
in the Interconnection Application, including the applicant's identity, as
confidential at the request of the applicant except to the extent that disclosure of
this information is required by this TO Tariff, by regulatory or judicial order, for
reliability purposes pursuant to Good Utility Practice, or pursuant to RTG or ISO
transmission information sharing agreements. The Participating TO shall treat
this information consistent with the standards of conduct contained in Part 37 of
FERC's regulations.
10a.3.1 Amendment to Completed Interconnection Application. A New
Facility Operator shall only be limited to amending its Completed
Interconnection Application once. Such amendment shall occur on or
before ten (10) Business Days following the date the Participating TO
tenders any Facilities Study Agreement. Specifically, as an alternative to
executing and returning a Facilities Study Agreement, a New Facility
Operator may submit an amendment to its Completed Interconnection
Application to reflect a revised configuration for its New Facility. The
amended Completed Interconnection Application shall be treated in
accordance with Section 5.7.4.2.1 of the ISO Tariff and Section 10a.5 of
this TO Tariff; the New Facility Operator's Completed Interconnection
Application shall not be deemed withdrawn; and the New Facility
Operator shall maintain its existing queue position, if (a) the amended
Completed Interconnection Application is received by the Participating
TO within ten (10) Business Days of the Participating TO's tender of a
Facilities Study Agreement; and (b) the New Facility Operator has not
submitted a previous amendment to the Completed Interconnection
Application. In the event a New Facility Operator amends its Completed
Interconnection Application, it will be responsible for any additional
study costs that result from that amendment, including costs associated
with revisions to studies for other applicants holding later queue
positions.
10a.4 Review of Completed Interconnection Application. After receiving a
Completed Interconnection Application, the Participating TO, and the ISO, if
applicable, will determine on a non - discriminatory basis whether a System
Impact Study is required. Whenever the Participating TO, and the ISO, if
applicable, determines that a System Impact Study is not required and that
neither Reliability Upgrades nor changes in existing operating procedures are
required, the Participating TO shall notify the applicant within fifteen (15)
Business Days of the Completed Application Date. If the Interconnection can be
accommodated without any Direct Assignment Facilities, then within thirty (30)
Business Days of such notice from the Participating TO, the applicant shall
request the Participating TO to tender to the applicant an Interconnection
Agreement within thirty (30) Business Days of such request. The Participating
TO shall tender to the applicant an Interconnection Agreement as provided in
Section 8a.1.3. If the Participating TO determines, upon the review of the
Completed Interconnection Application, that Direct Assignment Facilities are
required, the Participating TO shall tender to the applicant a Facilities Study
Agreement within twenty (20) Business Days of the Completed Application Date
and continue the interconnection process pursuant to Section I Oa. 8.
10a.5 Notice of Need for System Impact Study. If the Participating TO, and the ISO,
if applicable, determines that a System Impact Study is necessary to
accommodate the requested Interconnection, the Participating TO shall so inform
the applicant, as soon as practicable. In such cases, the Participating TO shall
within twenty (20) Business Days of receipt of a Completed Interconnection
Application, tender a System Impact Study Agreement that defines the scope,
content, assumptions and terms of reference for such study to be completed by
the Participating TO; the estimated time required to complete it; and such other
provisions as the parties may reasonably require, and pursuant to which the
applicant shall agree to reimburse the Participating TO for the reasonable actual
costs of performing the required System Impact Study. A description of the
Participating TO's transmission assessment practices for completing a System
Impact Study is provided in the Participating TO's FERC Form 715.
Alternatively, if the New Facility Operator will perform the System Impact
Study, the Participating TO shall within twenty (20) Business Days of receipt of
a Completed Interconnection Application, tender a System Impact Study
Agreement that defines the scope, content, assumptions and terms of reference
for such study to be reviewed by the Participating TO; the estimated time
required to complete it; and such other provisions as the parties may reasonably
require, and pursuant to which the applicant shall agree to reimburse the
Participating TO for the reasonable actual costs of reviewing the required System
Impact Study. For an Interconnection request to remain a Completed
Interconnection Application, the applicant shall execute the System Impact Study
Agreement and return it to the Participating TO within ten (10) Business Days
together with payment for the reasonable estimated cost of performing the
System Impact Study or reviewing the New Facility Operator's System Impact
Study. Alternatively, if the applicant requests the Participating TO to proceed
with the System Impact Study or review thereof and commits to abide by the
terms, conditions, and cost assignments ultimately determined under the ISO
ADR Procedures, including any determination by FERC or appeal of a FERC
determination in accordance with that process, the Participating TO shall
promptly proceed with the System Impact Study provided that such request is
accompanied by payment for the reasonable estimated cost of the System Impact
Study, and the parties shall submit the disputed terms for resolution under the
ISO's ADR Procedures. If the applicant elects not to execute a System Impact
Study Agreement, and does not request that the Participating TO proceed with
the System Impact Study or review thereof, its application shall be deemed
withdrawn, and the applicant shall reimburse to the Participating TO all costs
reasonably incurred in processing the application.
10a.6 System Impact Study Cost Reimbursement and Agreement.
10a.6.1 Cost Reimbursement. The System Impact Study Agreement shall
clearly specify the maximum charge, based on the Participating TO's
estimate of the cost and time for completion of the System Impact
Study. The charge shall not exceed the reasonable cost of the study.
In performing the System Impact Study, the Participating TO shall
rely, to the extent reasonably practicable, on existing transmission
planning studies. The applicant will not be assessed a charge for such
existing studies; however, the applicant will be responsible for the
reasonable charges associated with any modifications to existing
planning studies that are reasonably necessary to evaluate the impact of
the applicant's request.
10a.6.2 Multiple Parties. If multiple parties request Interconnection at the same
location, the Participating TO may conduct a single System Impact
Study. The costs of that study shall be pro -rated among the parties
requesting Interconnection.
10a.7 System Impact Study Procedures. Upon receipt of an executed System Impact
Study Agreement or initiation of the ISO ADR Procedures and receipt of
payment for estimated study costs, the Participating TO will use due diligence to
either (a) complete the required System Impact Study within a sixty (60) calendar
day period or (b) complete its review of a New Facility Operator's System
Impact Study within thirty (30) calendar days of its receipt of the completed
study. The System Impact Study will identify whether any Direct Assignment
Facilities or Reliability Upgrades are necessary, as well as whether any Delivery
Upgrades are necessary to deliver a New Facility's full output over the ISO
Controlled Grid or whether any transmission additions or upgrades are necessary
to serve a wholesale load. The System Impact Study will also identify any
adverse impact on Encumbrances existing as of the applicant's Completed
Application Date. In the event that the Participating TO is unable to complete
the required System Impact Study within such time period, it shall so notify the
applicant, in writing, and provide an estimated completion date along with an
explanation of the reasons why additional time is required to complete the
required studies. A copy of the completed System Impact Study and related
work papers shall be made available to the applicant and the ISO. The
Participating TO will use the same due diligence in completing the System
Impact Study for others as it uses when completing studies for its affiliated UDC.
The Participating TO shall notify the applicant and the ISO immediately upon
completion of the System Impact Study.
10a.7.1 Procedures Upon Completion of System Impact Study. Within
fifteen (15) Business Days of completion of the System Impact Study or
review and approval of a New Facility Operator's System Impact Study,
the Participating TO shall notify the applicant whether the transmission
system will be adequate to accommodate all of a request for
Interconnection. If no costs are likely to be incurred for any Direct
Assignment Facilities, any Reliability Upgrades, or implementing any
operating procedures, then within thirty (30) Business Days of receipt of
the completed System Impact Study performed by the Participating TO
or receipt of written approval of the New Facility Operator's System
Impact Study from the Participating TO and the ISO, the applicant shall
request the Participating TO to tender an Interconnection Agreement
within thirty (30) Business Days of such request. The Participating TO
shall tender to the applicant an Interconnection Agreement as provided in
Section 8a.1.3. If costs are likely to be incurred to accommodate a
request for Interconnection, the Participating TO shall tender to the
applicant a Facilities Study Agreement pursuant to Section 10a.8.
10a.8 Notice of Need for Facilities Study. If a System Impact Study indicates that
additions or upgrades to the ISO Controlled Grid are needed to satisfy an
applicant's request for Interconnection, the Participating TO shall, within fifteen
(15) Business Days of the completion date of the System Impact Study or the
completion of review and approval of the New Facility Operator's System
Impact Study by the Participating TO and the ISO, tender to the applicant a
Facilities Study Agreement that defines the scope, content, assumptions and
terms of reference for such study to be completed by the Participating TO; the
estimated time required to complete the required study; and such other provisions
as the parties may reasonably require, and pursuant to which the applicant agrees
to reimburse the Participating TO for the reasonable actual costs of performing
the required Facilities Study. Alternatively, if the New Facility Operator will
perform the Facilities Study, the Participating TO shall within fifteen (15)
Business Days of the completion date of the System Impact Study or the
completion of review and approval of the New Facility Operator's System
Impact Study, tender a Facilities Study Agreement that defines the scope,
content, assumptions and terms of reference for such study to be reviewed by the
Participating TO; the estimated time required to complete the required review;
and such other provisions as the parties may reasonably require, and pursuant to
which the applicant agrees to reimburse the Participating TO for the reasonable
actual costs of reviewing the required Facilities Study. For an Interconnection
request to remain a Completed Interconnection Application, the applicant shall
execute the Facilities Study Agreement and return it to the Participating TO
within ten (10) Business Days together with payment for the reasonable
estimated cost of performing the Facilities Study or reviewing the New Facility
Operator's Facilities Study. Alternatively, if the applicant requests the
Participating TO to proceed with the Facilities Study or review thereof and
commits to abide by the terms, conditions, and cost assignments ultimately
determined under the ISO ADR Procedures, including any determination by
FERC or appeal of a FERC determination in accordance with that process, the
Participating TO shall promptly proceed with the Facilities Study provided that
such request is accompanied by payment for the reasonable estimated cost of the
Facilities Study, and the parties shall submit the disputed terms for resolution
under the ISO ADR Procedures. If the applicant elects not to execute a Facilities
Study Agreement and does not request that the Participating TO proceed with the
Facilities Study or review thereof, its application shall be deemed withdrawn and
the applicant shall reimburse to the Participating TO all costs reasonably incurred
in processing the application not covered by the System Impact Study
Agreement.
10a.9 Facilities Study Procedures. Upon receipt of an executed Facilities Study
Agreement or initiation of the ISO ADR Procedures and receipt of payment for
the estimated study costs, the Participating TO will use due diligence to either (a)
complete the required Facilities Study within a sixty (60) calendar day period or
(b) complete its review of a New Facility Operator's Facilities Study within thirty
(30) calendar days of its receipt of the completed study. In the event that the
Participating TO is unable to complete the required Facilities Study within such
time period, it shall so notify the applicant, in writing, and provide an estimated
completion date along with an explanation of the reasons why additional time is
required to complete the required studies. A copy of the completed Facilities
Study shall be made available to the applicant.
10a.9.1 Execution of Interconnection Agreement. Within thirty (30) Business
Days of receipt of the completed Facilities Study performed by the
Participating TO or receipt of written approval of the New Facility
Operator's Facilities Study from the Participating TO, the applicant shall
request the Participating TO to tender an Interconnection Agreement
within thirty (30) Business Days of such request. The Participating TO
shall tender to applicant an Interconnection Agreement as provided in
Section 8a.1.3.
10a.10 Partial Interim Service. If the Participating TO determines that there will not
be adequate transmission capability to satisfy the full amount requested in a
Completed Interconnection Application, the Participating TO nonetheless shall
be obligated to offer and provide the portion of the requested Interconnection that
can be accommodated without any additional Direct Assignment Facilities or
Reliability Upgrades. However, the Participating TO shall not be obligated to
provide the incremental amount of requested Interconnection that requires such
additional facilities or upgrades until such facilities or upgrades have been placed
in service.
10a.11 Expedited Procedures for New Facilities. In lieu of the procedures set forth
above, the applicant shall have the option to expedite the processing of its
Completed Interconnection Application. In order to exercise this option, the
applicant shall submit in writing a Request for Expedited Interconnection
Procedures to the Participating TO, and to the ISO if the applicant is a New
Facility Operator, within ten (10) Business Days after receiving a copy of the
System Impact Study for the proposed Interconnection. Within ten (10) Business
Days after receiving a Request for Expedited Procedures, the Participating TO
shall tender an Expedited Interconnection Agreement that requires the applicant
to compensate the Participating TO for all costs reasonably incurred pursuant to
the terms of this TO Tariff for processing the Completed Interconnection
Application and providing the requested Interconnection. While the Participating
TO agrees to provide the applicant with its best estimate of the costs of any
needed Direct Assignment Facilities and, if applicable, Reliability Upgrades and
other charges that may be incurred, unless otherwise agreed by the parties, such
estimate shall not be binding and the applicant must agree in writing to
compensate the Participating TO for all actual Interconnection costs reasonably
incurred pursuant to the provisions of this TO Tariff. The applicant shall execute
and return such Expedited Interconnection Agreement within ten (10) Business
Days of its receipt or the applicant's request for Interconnection will cease to be a
Completed Interconnection Application and will be deemed terminated and
withdrawn. In that event, the applicant shall reimburse the Participating TO for
all costs reasonably incurred in processing the application not covered by the
terms of the System Impact Study Agreement.
11. Uncontrollable Forces and Indemnification.
11.1 Procedures to Follow if Uncontrollable Force Occurs. In the event of the
occurrence of an Uncontrollable Force which prevents a Party from performing
any of its obligations under this TO Tariff, such Party shall (i) immediately notify
the other Parties in writing of the occurrence of such Uncontrollable Force, (ii)
not be entitled to suspend performance in any greater scope or longer duration
than is required by the Uncontrollable Force, (iii) use its best efforts to mitigate
the effects of such Uncontrollable Force, remedy its inability to perform, and
resume full performance hereunder, (iv) keep the other Parties apprised of such
efforts on a continual basis and (v) provide written notice of the resumption of
performance hereunder. Notwithstanding any of the foregoing, the settlement of
any strike, lockout, or labor dispute constituting an Uncontrollable Force shall be
within the sole discretion of the Party to this TO Tariff involved in such strike,
lockout, or labor dispute and the requirement that a Party must use its best efforts
to remedy the cause of the Uncontrollable Force and mitigate its effects and
resume full performance hereunder shall not apply to strikes, lockouts, or labor
disputes. No Party will be considered in default as to any obligation under this
TO Tariff if prevented from fulfilling the obligation due to the occurrence of an
Uncontrollable Force.
11.2 Indemnification. A Market Participant shall at all times indemnify, defend, and
save the Participating TO harmless from any and all damages, losses, claims,
(including claims and actions relating to injury or to 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 from the Participating TO's performance of its obligations under this
TO Tariff on behalf of a Market Participant, except in cases of negligence or
intentional wrongdoing by the Participating TO.
12. Regulatory Filings. Nothing contained herein shall be construed as affecting, in any
way, the right of Anaheim to unilaterally make application to FERC as it deems
necessary and appropriate to recover its Transmission Revenue Requirements, or for a
change in its terms and conditions, including changes in rate methodology, or for a
change in designation of transmission and Entitlements to be placed under the ISO's
control, pursuant to the applicable FERC rules, regulations, policies, and governing
statutes.
13. Miscellaneous.
13.1 Notices. Any notices, demand, or request in accordance with this TO Tariff,
unless otherwise provided in this TO Tariff, shall be in writing and shall be
deemed properly served, given, or made: (i) upon delivery if delivered in person,
(ii) five days after deposit in the mail if sent by first class United States mail,
postage prepaid, (iii) upon receipt of confirmation by return electronic facsimile
if sent by facsimile, or (iv) upon delivery if delivered by prepaid commercial
courier service, in each case addressed to a Party at the address set forth in
Appendix II. Any Party may at any time, by notice to the other Parties, change
the designation or address of the person specified in Appendix II to receive
notice on its behalf. Any notice of a routine character in connection with service
under this TO Tariff shall be given in such a manner as the Parties may
determine from time to time, unless otherwise provided in this TO Tariff.
13.2 Waiver. Any waiver at any time by any Party of its rights with respect to any
default under this TO Tariff, or with respect to any other matter arising in
connection with this TO Tariff, shall not constitute or be deemed a waiver with
respect to any subsequent default or other matter arising in connection with this
TO Tariff. Any delay short of the statutory period of limitations in asserting or
enforcing any right shall not constitute or be deemed a waiver.
13.3 Confidentiality.
13.3.1 Maintaining Confidentiality if Not for Public Disclosure. The
Participating TO shall maintain the confidentiality of all of the
documents, data, and information provided to it by any other Party that
such Party may designate as confidential, provided, however, that the
information will not be held confidential by the receiving Party if (1) the
designating Party is required to provide such information for public
disclosure pursuant to this TO Tariff or applicable regulatory
requirements, or (2) the information becomes available to the Public on a
non - confidential basis (other than from the receiving Party).
13.3.2 Disclosure of Confidential Information. Notwithstanding anything in
this Section 11 .3.2 to the contrary, if any Party is required by applicable
laws or regulations, or in the course of administrative or judicial
proceedings, to disclose information that is otherwise required to be
maintained in confidence pursuant to this Section 11.3.2, the Party may
disclose such information; provided, however, that as soon as such Party
learns of the disclosure requirement and prior to making such disclosure,
such Party shall notify the affected Party or Parties of the requirement
and the terms thereof. The affected Party or Parties may, at their sole
discretion and own costs, direct any challenge to or defense against the
disclosure requirement and the disclosing Party shall cooperate with such
affected Party or Parties to the maximum extent practicable to minimize
the disclosure of the information consistent with applicable law. The
disclosing Party shall cooperate with the affected Parties to obtain
proprietary or confidential treatment of confidential information by the
person to whom such information is disclosed prior to any such
disclosure.
13.4 Titles. The captions and headings in this TO Tariff are inserted solely to
facilitate reference and shall have no bearing upon the interpretation of any of the
rates, terms, and conditions of this TO Tariff.
13.5 Severability. If any term, covenant, or condition of this TO Tariff or the
application or effect of any such term, covenant, or condition is held invalid as to
any person, entity, or circumstance, or is determined to be unjust, unreasonable,
unlawful, imprudent, or otherwise not in the public interest, by any court or
government agency of competent jurisdiction, then such term, covenant, or
condition shall remain in force and effect to the maximum extent permitted by
law, and all other terms, covenants, and conditions of this TO Tariff and their
application shall not be affected thereby but shall remain in force and effect. The
Parties shall be relieved of their obligations only to the extent necessary to
eliminate such regulatory or other determination, unless a court or governmental
agency of competent jurisdiction holds that such provisions are not severable
from all other provisions of this TO Tariff.
13.6 Preservation of Obligations. Upon termination of this TO Tariff, all unsatisfied
obligations of each Party shall be preserved until satisfied.
13.7 Governing Law. This TO Tariff shall be interpreted, governed by, and
construed under the laws of the State of California, without regard to the
principles of conflict of laws thereof, or the laws of the United States, as
applicable, as if executed and to be performed wholly within the State of
California.
13.8 Appendices Incorporated. The appendices to this TO Tariff are attached to this
TO Tariff and are incorporated by reference as if fully set forth herein.
13.9 Consistency with ISO Tariff. This TO Tariff is intended to be consistent with
the ISO Tariff, and, if necessary, shall be amended to conform with any changes
authorized or required in any final order in FERC Docket No. ER00 -2019.
13.10 Disputes. Except as limited by law, the ISO ADR Procedures shall apply to all
disputes between parties which arise under this TO Tariff or under or in respect
of the proposed terms and conditions of a Facilities Study Agreement, System
Impact Study Agreement or Expedited Service Agreement. The ISO ADR
Procedures set forth in Section 13 of the ISO Tariff shall not apply to disputes as
to whether rates and charges set forth in this TO Tariff (other than charges for
studies) are just and reasonable under the FPA.
13.11 ISO Grid Deliverability. To the extent necessary to facilitate an evaluation of
Full Capacity Deliverability Status as such term is defined in the ISO Tariff for
any resource connected to the Participating TO's facilities, the Participating TO
shall coordinate with the ISO to perform the necessary deliverability studies for
such resource. The Participating TO and the owner of the resource shall execute
the necessary agreements with the ISO for the reimbursement of study costs the
ISO incurs and to assure cost attribution for any Network Upgrades relating to
any deliverability status conferred on the resource consistent with the terms of
the ISO Tariff. Unless the Participating TO elects to fund study costs and/or the
Network Upgrade costs, such costs shall be solely funded by the owner of the
resource requesting Full Capacity Deliverability Status.
APPENDIX I
Transmission Revenue Requirement and TRBAA
The Anaheim HV Base TRR is $30,000,000.00.
The HVTRBAA is estimated to be negative $675,266.97for calendar year 2014 and has been
computed in accordance with ISO Tariff.
The Standby Transmission Revenue Credit is $0 for calendar year 2014.
Anaheim's HVTRR is $29,324,733.03.
Anaheim's Gross Load, consistent with its TRR(s), used by the ISO to develop the transmission
Access Charge is 2,507,620 MWh.
All of Anaheim's transmission facilities and Entitlements placed under the ISO's Operational
Control are High Voltage Facilities as defined by the ISO Tariff.
The TRBAA will be recalculated annually consistent with the ISO Tariff and provided to the ISO.
APPENDIX II
NOTICES
Designated Representative:
City Clerk
City of Anaheim
200 S. Anaheim Blvd., Second Floor
Anaheim, California 92805
Tel. No. (714) 765 -5645
Fax No. (714) 765 -4105
Alternate Representative:
Public Utilities General Manager
201 S. Anaheim Blvd., Suite 1101
Anaheim, California 92805
Tel. No. (714) 765 -5173
Fax No. (714) 765 -4138
Transmission Revenue Balancing Account Adjustment (TRBAA) Summary
[Following Page]
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