Aggregate Facilities Study Agreement
This Aggregate Facilities Study Agreement (“AFSA”), dated as of Click here to enter a date, is made and entered by and between Southwest Power Pool, Inc. (“SPP”), and Click here to enter Applicant Name (“Applicant”).
WHEREAS, SPP administers Point-to-Point Transmission Service and Network Integration Transmission Service for Transmission Owners in the SPP Region in accordance with the SPP Open Access Transmission Tariff (“Tariff”) and acts as an agent for these Transmission Owners in providing service under the Tariff;
WHEREAS, the Applicant has represented that it is an Eligible Customer under the Tariff;
WHEREAS, Applicant has submitted a Completed Application in accordance with Sections 17 or 29 of the Tariff (“Application”);
WHEREAS, Applicant has provided to SPP an Application deposit in accordance with the provisions of Attachment Z1 of the Tariff;
WHEREAS, SPP evaluates requests for long-term Point-to-Point Transmission Service and Network Integration Transmission Service in accordance with the Aggregate Transmission Service Study (“ATSS”) process in Attachment Z1 of the Tariff, which includes an Aggregate Facilities Study (“AFS”);
WHEREAS, in the ATSS process SPP determines: (a) whether any Network Upgrades to the SPP transmission system are required to accommodate the Applicant's request for transmission service and the costs of and responsibility for those Network Upgrades; (b) the necessity for and the costs of direct assignment facilities to be charged to Applicant; and (c) the time required to complete such construction and initiate the requested service; and
WHEREAS, the Applicant and SPP intend that capitalized terms used herein shall have the same meaning as in the Tariff, unless otherwise specified herein.
NOW THEREFORE, In consideration of the mutual agreements set forth below, Applicant and SPP agree as follows:
1.0 Performance of Study
SPP agrees to provide all necessary labor, facilities, transportation and supervision necessary to perform the AFS for Applicant to determine necessary additions to the SPP transmission system to provide the requested transmission service. SPP shall use its sole discretion as to the scope, details and methods used to perform the AFS.
The Applicant is responsible for its pro-rata share of the costs of the AFS in accordance with Attachment Z1, Section III.B of the Tariff. The Applicant agrees to compensate SPP in accordance with Sections 9.0 and 10.0 of this AFSA. Applicant shall provide information as requested by SPP.
2.0 Obligations of Applicant
In accordance with Attachment Z1.III.A of the Tariff the Applicant is required to specify the conditions for each transmission service request in the AFS study in Appendix 1 to this Study Agreement. By executing this AFSA, Applicant agrees to take the requested transmission service resulting from the AFS, if all the conditions of the AFSA specified by the Applicant in Appendix 1 to this Study Agreement have been met except as provided in Section III.D of Attachment Z1 of the Tariff. Applicant agrees to execute the resulting SPP Service Agreement or request that SPP file the SPP Service Agreement unexecuted at the Federal Energy Regulatory Commission.
3.0 Scope of Study
The results of the study will identify facilities required to deliver the transmission service requested by Applicant, the estimated cost to upgrade facilities, and an estimated date the upgrade will be completed and in-service. The costs to Applicant shall be based on actual costs as incurred in the design and construction of the identified facilities.
Factors to be considered in determining the facilities to be added to the SPP transmission system will include, but are not limited to, the following:
1. AFS results;
2. Projected load and resource forecast;
3. Transmission transfer capability of the existing system;
4. Reliability requirements of the existing system based on the criteria of SPP
and the Transmission Owner;
5. Applicant’s start and stop dates of requested service and requested capacity;
6. Requirements of any other party whose facilities in the interconnected
transmission network are materially affected by the service requested; and
7. Summary of time for permits, licenses and approvals required for construction to commence and projected time required to construct the facility.
4.0 Engineering Standards
The facility design proposed in the AFS will use the practices, methods and acts engaged in or approved by a significant portion of the electric utility industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in the light of the facts known at the time the decision was made, could have been expected to produce the desired result at the lowest reasonable cost consistent with Good Utility Practices, reliability, safety and expedience. Good Utility Practice is not intended to be limited to the optimum practice method or act to the exclusion of all others, but rather to be a range of acceptable practices, methods or acts.
In all cases, system addition(s) to the electric supply facilities shall maintain or improve the SPP transmission system operation, reliability and transfer capability.
5.0 Results of Study
A formal report containing the results of the AFS will be issued once the AFS is finalized. The report will include the following, as applicable:
1. Summary of impacting facilities and cost allocation;
2. General descriptions of the existing and proposed facilities;
3. Point of Receipt and Point of Delivery;
4. System capabilities;
5. System reliability;
6. Estimated date the upgrade will be completed and in-service;
7. Any interim redispatch required prior to completion of required upgrades;
8. Potential start dates of service; and
9. Third party facilities required if applicable.
6.0 Ownership of Results
Reports, summaries, plans and other documents arising out of this AFSA shall become the property of SPP. All studies, computer input and output data, planning, operating and other documents, workpapers, assumptions, and any other material shall remain in the files of SPP.
7.0 Nondisclosure of Information
Applicant and SPP shall consider all information provided by SPP and Applicant and all supporting work papers resulting from SPP’s performance of the services to be proprietary unless such information is available from public sources. Neither Applicant nor SPP shall publish or disclose proprietary information for any purpose without the prior written consent of the other. SPP's nondisclosure obligation, however, is subject to SPP's compliance with all applicable regulations and orders.
8.0 Information Requests
SPP may need additional information regarding Applicant's proposed transactions on the SPP transmission system. Applicant shall provide written responses to reasonable requests for information submitted by SPP within ten (10) calendar days of receipt of such request.
9.0 Rates
Applicant will be charged the current salary or wage rates including overheads for the personnel performing the AFS. Expenses that are directly chargeable to the AFS shall be determined by SPP. Typical expenses include, but are not limited to, the following:
1. Subcontracted services;
2. Long distance telephone calls;
3. Computer operating time at established rate;
4. Printing and reproduction expense; and
5. Reasonable travel and living expense.
The estimated charge for performing the AFS is $25,000.00 per OASIS request listed in Table 1. This estimated charge is based on SPP’s estimate of the actual cost and time for the completion of the AFS.
10.0 Payments
Upon execution of the AFSA, the Eligible Customer shall submit a deposit to the Transmission Provider for each transmission service request per Attachment Z1.III.B of the SPP Tariff. The deposit shall be an amount equal to the greater of $100 per MW of requested transmission capacity or $5,000. The requested transmission capacity used to calculate the deposit shall be the maximum amount of transmission capacity requested over the term of the transmission service request. If an Eligible Customer’s cost for the Aggregate Facilities Study is less than the deposit, the Transmission Provider shall refund any remaining deposit with accrued interest, if any. If an Eligible Customer’s cost for the Aggregate Facilities Study is greater than the deposit, the Eligible Customer shall be responsible for any cost in excess of its deposit. If the Transmission Provider has not received the Eligible Customer’s deposit prior to the close of the open season, the Eligible Customer’s transmission service request shall be deemed withdrawn.
11.0 Notices
All notices hereunder shall be in writing and shall be delivered to the parties at the following addresses:
SPP:
Southwest Power Pool, Inc.
201 Worthen Dr.
Little Rock, AR 72223-4936
Applicant: Click here to enter text.
Click here to enter text.
Click here to enter text.
Click here to enter text.
Such notices shall be deemed to have been served when personally delivered or upon receipt as evidenced by a facsimile, U.S. Postal Service receipt of mail, evidence of delivery by a private express mail service, or electronic mail receipt.
12.0 Choice of Law
This Study Agreement shall be governed by the laws of the State of Arkansas.
13.0 Force Majeure
An event of Force Majeure means any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any curtailment, order, regulation or restriction imposed by governmental military or lawfully established civilian authorities, or any other cause beyond a Party's control. A Force Majeure event does not include an act of negligence or intentional wrongdoing. Neither SPP, nor Applicant will be considered in default as to any obligation under the Tariff if prevented from fulfilling the obligation due to an event of Force Majeure. However, a party whose performance under the Tariff is hindered by an event of Force Majeure shall make all reasonable efforts to perform its obligations under the Tariff.
14.0 Indemnity
Indemnification shall be as provided in Section 10.3 of the Tariff.
15.0 Severability
No waiver of any breach of this Study Agreement shall constitute a waiver of any other breach of the same or any other provisions of this Study Agreement, and no waiver shall be effective unless granted in writing. In the event that any provision herein shall be illegal or unenforceable, such provision shall be severed from the Study Agreement. The entire agreement shall not fail, but the balance of the Study Agreement shall continue in full force and effect.
16.0 Damages
Notwithstanding anything contained herein to the contrary, in no event shall either party hereto be liable to the other for any consequential, punitive, incidental or exemplary damages.
17.0 Entire Agreement
This Study Agreement constitutes the sole and only agreement between SPP and Applicant regarding the AFSA provided for herein. This Study Agreement shall be executed and provided to SPP before the close of the open season in accordance with Attachment Z1.III.A.1 of the Tariff. The executed Study Agreement should be returned to SPP by electronic mail sent to .
Table 1 – OASIS Requests Covered Under This Aggregate Facilities Study Agreement
# / OASISRequest Number / Aggregate Facilities Study Agreement Number
(entered by SPP) / *Generator Interconnection # (Example:
GEN-2010-001)
1 / To be completed by SPP / Click here to GI #.
2 / To be completed by SPP / Click here to GI #.
3 / To be completed by SPP / Click here to GI #.
4 / To be completed by SPP / Click here to GI #.
5 / To be completed by SPP / Click here to GI #.
6 / To be completed by SPP / Click here to GI #.
7 / To be completed by SPP / Click here to GI #.
8 / To be completed by SPP / Click here to GI #.
9 / To be completed by SPP / Click here to GI #.
10 / To be completed by SPP / Click here to GI #.
*The generator interconnection reference number is required for any OASIS requests that are specifically sourced from generators with a Generator Interconnection Request under Attachment V of the Tariff. This number is necessary for SPP to accurately determine the electrical location of the generator on the SPP transmission system and to assess the reservation’s credit payment obligation for generator interconnection-related Network Upgrades in accordance with Attachment Z2 of the Tariff.
If the Applicant is unable to provide a generator interconnection reference number, then the point of interconnection with the SPP transmission system can be substituted until such time as the generator interconnection reference number – restricted to the same point of interconnection with the SPP transmission system – can be provided. The generator interconnection reference number is not required for sources that include multiple generators at different electrical locations on the SPP transmission system or that are not connected with the SPP transmission system.
IN WITNESS WHEREOF, the parties hereto have caused this Aggregate Facilities Study Agreement to be executed by their respective authorized officials.
SPP:
By:
Name Title Date
Applicant:
By: ______Click here to enter title Click here to enter title__
Name Title Date
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Revised 5/27/2016
Study Agreement – APPENDIX 1 – Study Parameters
Note: Complete this worksheet for each individual OASIS request. Duplicate as many times as needed.OASIS No.
[______]
(1) Maximum Acceptable Directly Assigned Upgrade Cost (Sum of Engineering & Construction Costs and Z2 revenue credit obligations)
These will be superseded if any box in Section (3) below is checked.
☐ $0 (Default if none checked)
☐ No Limit
☐ Other (specify amount) $______
*This parameter will apply to the sum of reported Engineering & Construction Costs and Z2 revenue credit obligations for requests studied in 2016-AG1 and subsequent aggregate studies.
(2) Maximum Acceptable Third-Party Upgrade Cost (Engineering & Construction)
These will be superseded if any box in Section (3) below is checked.
☐ $0 (Default if none checked)
☐ No Limit
☐ Other (specify amount) $______
(3) OPTIONAL Maximum Acceptable Combined Directly Assigned (1) and Third-Party (2) Upgrade Cost
If any box below is checked, this will supersede Sections (1) and (2) above.
If none are checked, the maximums specified in (1) and (2) above will be applied individually.
☐ Specific Amount [$______]
☐ No Limit
(4) Latest Acceptable Deferred Start Date
☐ Must meet Start Date as requested on OASIS request. (Default if no box is checked)
☐ Start Date can be deferred to no later than MM/DD/YYYY . (No Limit if left blank)
If this box is checked, select one of the options below:
☐ Maintain the requested term of service by also deferring the End Date. (Used if neither box is checked.)
☐ Maintain the requested End Date even if the Start Date is deferred. (If the resulting term of
service would be less than 1 year, the request will be refused. If the resulting term of
service is less than 5 years, no renewal rights will be conferred.)
(5) Use of Interim Redispatch During Construction
☐ Do not use Interim Redispatch (Default if neither box is checked)
☐ Use Interim Redispatch so service can begin as soon as possible (May result in reduced Auction
Revenue Rights for Point-to-Point service)
If this box is checked, select one of the options below:
☐ No limit on length of duration for re-dispatch. (Default if neither option is selected.) ☐ Limit length of duration for re-dispatch to no more than __ months after service start.
(6) Maximum Acceptable Letter of Credit
☐ Up to the amount specified in Section 1 or Section 3 above as applicable. (Default if no box is checked)
☐ $0
☐ Other (specify amount) $______
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