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HomeMy WebLinkAbout200310281st Response Attachments.pdfATTACHMENT TO RESPO NSE TO REQUEST NO. 24 ....................................... Coal Price Forecast The IRP coal price forecast is a composite of Idaho Power spot coal forecasts for its three existing thermal plants. The plant forecasts are created using current coal and rail transportation market information and then escalated based on the 2001 WEF A long-range forecasts. The resulting $/MMBTU cost estimate represents the delivered cost of coal including rail cost, coal cost, and use taxes. Transmission Resources Upgrades Adequate transmission capacity is critical to the success of a strategy that utilizes purchases from the wholesale market to supplement and optimize the IPC- owned and purchased generation resources. Transmission alternatives do not generate additional energy or capacity, but the transmission system does provide access to energy markets. Traditionally, it has been a generally accepted proposition among electric utilities in the West that it is less expensive and faster to construct new transmission facilities than to construct new generation. However, in recent times, the regulatoryanalyses and other right-of-way requirements associated with new transmission facilities construction have resulted in much longer lead times and substantially higher costs for new transmission facilities when compared to prior time periods. Typically, the permitting and construction lead times are five to eight years, depending on transmission distance and the voltage level. The costs and impacts of potential transmission upgrade alternatives are investigated as part of the IRP. The portion of the Company s transmission system that would provide the most immediate benefit would be the upgrade of the transmission lines between the Pacific Northwest regionand the Boise area. Transmission construction alternatives for the Pacific Northwest lines would be significantly long (between 170 and 400 miles). Analyses of a range of transmission alternatives, including substation additions, show construction costs of approximately $400 000 $700 000 per mile and incremental transmission costs between $45 and $90/kW per year for additional Pacific Northwest transmission connections. The projected Pacific transmission upgrade costs are approximately 500 percent higher than Idaho Power s embedded transmission costs. Assuming a 50 percent annual load factor (typical for interconnections) and further assuming that all project capacity is subscribed construction of new transmission lines results in 10 to 20 mills/kWh added to Pacific Northwest purchased energy prices. If some of the transmission capacity is unsubscribed, thenthe estimated transmission upgrade estimates are further increased. Transmission upgrades across the Borah West path located west of American Falls, Idaho, are estimated to cost about $15/kW per year. Upgrades to the Borah West Path would be necessary for network resource developments east of Borah. New Transmissi9n Projects Southwest Intertie Project (SWIP) Idaho Power has obtained the necessary right-of-way permits to construct the Southwest Intertie Project, a 500- transmission line to connect the Company Midpoint Substation with Southwest transmission lines at a location near Las Vegas, Nevada. Uncertainties associated Chapter Future Resource Options TT A CHMENT TO RESPO NSE REQUEST NO. 42 SC H E D U L E O F P E R M I T S A N lo V E R N M E N T A L AP P R O V A L S : AP P R O V A L S , C E R T I F I C A T E S , P E R M I T S A N D L I C E N S E S FE E AG E N C Y PE R M I T / C I T A T I O N / A P P R O V A L RE A S O N R E Q U I R E D PR E P A R E OB T A I N PA Y M E N T US F i s h a n d W i l d l i f e Th r e a t e n e d & E n d a n g e r e d S p e c i e s A c t De m o n s t r a t e n o I m p a c t . MV P MV P MV P Se r v i c e s ( U S F W S ) Co m p l i a n c e A c k n o w l e d g m e n t DO T Eq u i p m e n t a n d M a t e r i a l s H a n d l i n g , Hi g h w a y t r a n s p o r t a t i o n f o r s u p p l i e d e q u i p m e n t . MV P / C MV P / C MV P / C In c l u d i n g M a t e r i a l s D i s p o s a l Co n t r a c t o r a n d M V P s h a l l e a c h b e r e s p o n s i b l e fo r o b t a i n i n g o w n p e r m i t s n e c e s s a r y t o p e r f o r m th e W o r k DE P , D E R , W M D St a t e P o l l u t a n t D i s c h a r g e E l i m i n a t i o n St o r m w a t e r d i s c h a r g e s - e n s u r e f a c i l i t y d e s i g n Sy s t e m P e r m i t co m p l i e s w i t h r e q u i r e m e n t s f o r i n d u s t r i a l ac t i v i t y , E n s u r e c o n s t r u c t i o n p r a c t i c e s c o m p l y wi t h t h e S t a t e D E Q r e q u i r e p m e n t s , DE P , D E R Ai r Q u a l i t y / S y n t h e t i c M i n o r A i r P e r m i t Ap p r o v a l t o e m i t a i r p o l l u t a n t s u n d e r s t a t e MV P MV P MV P pe r m i t . DE P , D E R Wa s t e M a n a g e m e n t / C l e a n u p To c o n f i r m n o p r e - e x i s t i n g s i t e c o n t a m i n a t i o n , Ci t y Ci t y Ci t y DO T Eq u i p m e n t a n d M a t e r i a l s ' H a n d l i n g , Hi g h w a y / r o a d t r a n s p o r t a t i o n , M V P a n d C a r e MV P / C MV P / C MV P / C In c l u d i n g M a t e r i a l s D i s p o s a l ea c h r e s p o n s i b l e f o r o b t a i n i n g p e r m i t s r e l a t e d t o ow n s c o p e DE P , D E R Va r i a n c e f o r N o i s e D u r i n g C o n s t r u c t i o n Co n s t r u c t i o n n o i s e n o t i n c o m p l i a n c e w i t h c o d e , DE P , D E R Ex c a v a t i o n M a t e r i a l s D i s p o s a l Pe r m i t t o d i s p o s e o f e x c a v a t e d m a t e r i a l s , Hi s t o r i c a l S o c i e t y Co n f i r m a t i o n o f n o A r t i f a c t s o r S i t e s o f Co n f i r m a t i o n o f n o i n t e r f e r e n c e f o r MV P MV P MV P Ar c h a e o l o g i c a l , C u l t u r a l o r H i s t o r i c co n s t r u c t i o n , Si g n i f i c a n c e Pu b l i c U t i l i t i e s Ce r t i f i c a t e o f C o n v e n i e n c e Au t h o r i z a t i o n t o i n c l u d e P r o j e c t i n R a t e B a s e Co m m i s s i o n Pr o p r i e t a r y I n f o r m a t i o n Mo u n t a i n V i e w P o w e r Pa g e I Ap p e n d i x E - Go v e r n m e n t a l A p p r o v a l s - IO , 22 , SC H E D U L E O F P E R M I T S A N .O V E R N M E N T A L AP P R O V A L S : AP P R O V A L S , C E R T I F I C A T E S , P E R M I T S A N D L I C E N S E S FE E AG E N C Y PE R M I T / C I T A T I O N / A P P R O V A L RE A S O N R E Q U I R E D PR E P A R E OB T A I N PA Y M E N T Lo c a l / C o u n t v Pl a n n i n g B o a r d ( C i t y ) Co n d i t i o n a l U s e P e r m i t Re v i e w o f p l a n s p r i o r t o t h e i s s u a n c e o f a MV P MV P MV P co n s t r u c t i o n p e r m i t b y t h e m u n i c i p a l e n f o r c i n g ag e n c y , Lo c a l / C o u n t y Si t e L e a s e Ci t y C o u n c i l A p p r o v a l o f L e a s e & t e r m s MV P MV P MV P Lo c a l / C o u n t y Co n s t r u c t i o n a n d P e r m a n e n t S o i l E r o s i o n & Pl a n r e q u i r e d f o r p r o j e c t s t h a t s u r f a c e a r e a o f Se d i m e n t a t i o n D e s i g n R e v i e w la n d , Lo c a l / C o u n t y Se w e r E x t e n s i o n P e r m i t Bu i l d , m o d i f y o r e x t e n d s e w e r l i n e , MV P MV P MV P Lo c a 1 / C o u n t y Po t a b l e W a t e r E x t e n s i o n P e r m i t Bu i l d , m o d i f y o r e x t e n d p o t a b l e w a t e r l i n e , MV P Lo c a l / C o u n t y Pr e l i m i n a r y a n d F i n a l S P C C P l a n Pl a n f o r s t o r e d c h e m i c a l s , a m m o n i a o i l , e t c o Lo c a l / C o u n t y Co p i e s o f a U F e d e r a l , S t a t e a n d L o c a l Ea c h p r o v i d e o w n MV P / C MV P / C MV P / C Pe r m i t s Ut i l i t y C o m p a n y Co n s t r u c t i o n W a t e r Wa t e r s u p p l y d u r i n g c o n s t r u c t i o n , Ut i l i t y C o m p a n y Co n s t r u c t i o n E l e c t r i c i t y Po w e r s u p p l y d u r i n g c o n s t r u c t i o n , - C o n t r a c t o r Sc o p e Ut i l i t y C o m p a n y Co n s t r u c t i o n T e l e p h o n e Te l e p h o n e s e r v i c e d u r i n g c o n s t r u c t i o n - Co n t r a c t o r S c o p e Bu i l d i n g D e p a r t m e n t Co n s t i u c t i o n / B u i l d i n g P e r m i t Au t h o r i z a t i o n t o c o n s t r u c t . MV P Fi r e & P o l i c e C h i e f s Co n s t r u c t i o n S e c u r i t y a n d S a f e t y Ap p r o v a l o f s i t e p r o c e d u r e s , Pr o c e d u r e s a n d E q u i p m e n t Po l i c e C h i e f & T r a f f i c Eq u i p m e n t a n d M a t e r i a l s H a n d l i n g , St r e e t t r a n s p o r t a t i o n a n d d e l i v e r y f o r C o n t r a c t o r De p a r t m e n t In c l u d i n g M a t e r i a l s D i s p o s a l su p p l i e d e q u i p m e n t . Po l i c e C h i e f & T r a f f i c Co n s t r u c t i o n P e r s o n n e l P a r k i n g a n d Tr a f f i c m a n a g e m e n t . De p a r t m e n t Tr a n s p o r t a t i o n Pr o p r i e t a r y I n / o r m a t i o n Mo l l n t a i n V i e w P o w e r Pa g e Ap p e n d i x E - Go v e r n m e n t a l A p p r o v a l s - l 0 , 22 , SC H E D U L E O F P E R M I T S A N .l O V E R N M E N T A L AP P R O V A L S : AP P R O V A L S , C E R T I F I C A T E S , P E R M I T S A N D L I C E N S E S FE E AG E N C Y PE R M I T / C I T A T I O N / A P P R O V A L RE A S O N R E O U I R E D PR E P A R E OB T A I N PA Y M E N T Ra i l r o a d Ap p r o v a l f o r U t i l i z a t i o n o f R a i l r o a d S p u r Ap p r o v a l f o r r a i l h a u l a g e o r l a r g e e q u i p m e n t f o r or R a i l r o a d L i n e s Co n t r a c t o r s u o o l i e d e q u i p m e n t . Fi r e C h i e f a n d E m e r g e n c y Ap p r o v a l f o r O n - s i t e S t o r a g e o f C h e m i c a l s Ap p r o v a l t o a l l o w s t o r a g e a n d u s a g e , Ma n a g e m e n t C o o r d i n a t o r Fu e l s , L u b r i c a n t s , e t c , Us e d d u r i n g c o n s t r u c t i o n Bu i l d i n g D e p a r t m e n t Ce r t i f i c a t e o f O c c u p a n c y Oc c u p a n c y o f s t r u c t u r e s , MV P Bu i l d i n g D e p a r t m e n t So i l E r o s i o n & S e d i m e n t a t i o n C o n t r o l P l a n So i l E r o s i o n a n d S e d i m e n t a t i o n C o n t r o l P l a n MV P (f o r c o n s t r u c t i o n o n l y a c t i v i t i e s ) du r i n g c o n s t r u c t i o n , Bu i l d i n g D e p a r t m e n t Va r i a n c e f o r N o i s e D u r i n g C o n s t r u c t i o n Co n s t r u c t i o n n o i s e n o t i n c o m p l i a n c e w i t h c o d e , MV P Co u n t y T r a f f i c E n g i n e e r & Co n s t r u c t i o n A c c e s s R o a d s a n d P e n n a n e n t Si t e a c c e s s , Lo c a l P o l i c e & F i r e C h i e f s Ac c e s s R o a d s a n d / o r D r i v e w a y s Po l i c e & F i r e C h i e f s Pe r m i t s f o r S i g n s a n d F e n c i n g Au t h o r i z a t i o n t o e r e c t . B = B u y e r = I d a h o P o w e r C o MV P = S e l l e r = M o u n t a i n V i e w P o w e r , I n c , C = C o n t r a c t o r = S i e m e n s W e s t i n g h o u s e MV P / C = M V P p r i m a r y r e s p o n s i b i l i t y a n d C o n t r a c t o r t o p r o v i d e r e a s o n a b l e e f f o r t s t o s u p p o r t M V P , Pr o p r i e t a r y I n f o r m a t i o n Mo u n t a i n V i e w P o w e r Pa g e Ap p e n d i x E c G o v e r n m e n t a l A p p r o v a l s - IO , 22 , STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY 1410 North Hilton. Boise, Idaho 83706-1255. (208) 373-0502 Dirk Kempthome, Governor C, Stephen Allred, Director September 9, 2002 CERTIFIED MAIL No. 7000 1670 0013 9128 6720 Mr. Robert Looper Mountain View Power , LLC 1015 W, Hays Street Boise, ID 83702 RE:AIRS Facility No, 039-00025, Mountain View Power, LLC, Mountain Home Final Permit to Construct Dear Mr. Looper: The Department of Environmental Quality (Department) is issuing Permit to Construct (PTC) No, 039-00025 for Mountain View Power, LLC Mountain Home facility in accordance with IDAPA 58,01,01,200 through 223 Rules for the Control of Air Pollution in Idaho, This PTC is effective immediately and is based on your permit application received on March 5 2001, This permit does not release Mountain View Power from compliance with all other applicable federal, state, or local laws, regulations, permits, o~ ordinanceso Please pay particular attention to the reporting requirements contained in Paragraph 5 of the General Provisions section of the permit. This information is needed to properly track the progress of the permit. . Please refer to the appropriate permit number when submitting reports required in the Reporting Requirements section of the permit. Michael McGown of the Boise Regional Office will contact you regarding a meeting with the Department to discuss the permit terms and requirementso In addition to your facility's plant manager, the Department recommends the following representatives attend the meeting: your responsible official; environmental . contact, and any operations staff responsible for day-to-day compliance with the permit conditionso You, as well as any other entity, may have the right to appeal this final agency action pursuant to IDAPA 58.01.23, Rules of Administrative Procedure before the Board of Environmental Quality, A petition may be filed with the Hearings Coordinator, Department of Environmental Quality, 1410 N. Hilton, Boise, ID 83706-1255, within 35 days of the date of this decisiono However, the Department encourages you to contact us to discuss any concerns you may have with the enclosed permit prior to filing a petition for a contested caseo If YOl,l have any questions, please contact Daniel Salgado at (208) 373-0431 or dsalgado~deq.state.id.us. /;, /7;*"((1 Kat~:e Administrator Air Quality Divfsio KKlMJSlbh Pi-~ct No, P-OOO901 G:\AIR QUALlTY\STATIONARYSOURCE\SS LTD\PTC\MOUNTAIN VIEW POWER, LLC\FINAL PREP\P-OOO901 LETTER DOC Enclosurescc: Michael McGown, Boise Regional Office Sherry Davis, Technical Services Laurie Kral , EPA Region 10 p " " Air Pollution PERMIT NO.: 039 - 00025 AQCR:CLASS: SIC:4911 ZONE: PERMIT TO CONSTRUCT State of Idaho Department of Environmental Quality UTM COORDINATE (km):603.0, 4 781. 1. PERMITTEE Mountain View Power LLC 2, PROJECT Gas Turbine Electric Power Generation Facility TITLE Principal TITLE Principal STATE TELEPHONE (208) 331-1898 TELEPHONE (208) 331-1898 COUNTY Elmore ZIP 83702 3, MAILING ADDRESS 1015 W, Hays Street 4, FACILITY CONTACT Robert 0, Looper 5, RESPONSIBLE OFFICIAL Robert Do Looper 6, EXACT PLANT LOCATION % mile northwest of intersection of Interstate 84 and Highway 20 CITY Boise 7, GENERAL NATURE OF BUSINESS & KINDS OF PRODUCTS . Electric power generation 8, GENERAL CONDITIONS This permit is issued according to IDAPA 580 01001.200, Rules for the Control of Air Pollution in Idaho, and pertains only to emissions of air contaminants regulated by the state of Idaho and to the sources specifically allowed to be constructed by this permit. This permit (a) does not affect the title of the premises upon which the equipment is to be located; (b) does not release the permittee from any liability for any loss due to damage to person or property caused by, resulting from, or arising out of the design, installation, maintenance , or operation of the proposed equipment; (c) does not release the permittee from compliance with other applicable federal , state, tribal, or local laws regulations, or ordinances; (d) in no manner implies or suggests that the Department of Environmental Quality or its officers, agents, or employees, assumes any liability, directly or indirectly, for any loss due to damage to person or property caused by, resulting from, or arising out of design, installation maintenance,or operation of the proposed equipment. This permit is not transferable to another person, place, or piece or set of equipment. This permit will expire If construction has not begun within two years of its issue date or if construction is suspended for one year. This permit has been granted on the basis of design information presented with its application. Changes of design or equipment may require Department approval pursuant to the Rules for the Control of Air Pollution in Idaho, IDAPA 58.01.01.20 ,et seqo DATE ISSUED:Se tember 9, 2002 KK\MJS\bh TATIONARY SOURCE\SS L TD\PTC\MOUNTAIN VIEW POWER, LLC\FINAL PREP\P-QOO901 PERMIT,DOC AQCR CEMS CFR Department dscf EPA IDAPA Ib/hr MMBtu NOx NSPS PM1o PTC SIC scf S02 TAP T/yr !-1m UTM VOC ACRONYMS, UNITS, AND CHEMICAL NOMENCLATURE Air Quality Control Region Continuous Emissions Monitoring System Code of Federal Regulations carbon monoxide Department of Environmental Quality dry standard cubic feet S, Environmental Protection Agency grain (11b = 7 000 grains) a numbering designation for all administrative rules in Idaho promulgated i!'1 accordance with the Idaho Administrative Procedures Act kilometer pound per hour million British thermal units nitrogen oxides New Source Performance Standards oxygen particulate matter particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers permit to construct Standard Industrial Classification code standard cubic feet sulfur dioxide toxic air pollutants tons per year micrometers Universal Transverse Mercator volatile organic compound AIR QUALITY PERMIT TO CONSTRUCT NUMBER: 039-00025 Permittee:Mountain View Power, LLC Date Issued:September g, 2002 Location:Mountain Home, Idaho PERMIT TO CONSTRUCT SCOPE Purpose The purpose of this PTC is to establish emissions limits, operating conditions, and monitoring and recordkeeping requirements for Mountain View Power's (the permittee) Mountain Home Energy Project. The Mountain Home facility is defined as a new stationary source, Regulated Sources Table 1,1 below lists all sources of emissions that are regulated. in this PTCo Table 101 REGULATED EMISSIONS SOURCES Permit Source Description Emissions Control(s)Condition Two General Electric LM6000 SPRINT/LM6000 PC' NOx emissions controlled by water injection, combustion turbines CO, TAP , and VOC emissions controll~d with oxidation catalyst One 50 OOO-galion aboveground storage tank None Page 3 of 13 II ~:~mitlee:Location: AIR QUALITY PERMIT TO CONSTRUCT NUMBER: 039-00025 Mountain View Power, LLC Date Issued:September 9 2002 Mountain Home, Idaho COMBUSTION TURBINES Process Description Two General Electric LM6000 SPRINT/LM6000 PC simple-cycle combustion turbines (CT) will be installed at the facility for the purposes of power generation for retail sale, Each CT drives a single generator. Control Description The NOx emissions will be controlled with water injection, Emissions of CO and VOCswill be controlled with an oxidation catalyst. For the purposes of this PTC, the control efficiency of the oxidation catalyst is assumed to be approximately 70% for CO and approximately 50% for VOCs, Emissions Limits and CO Emissions Emissions of NOx and CO from any gas twrbine stack shall not exceed the following amounts, by volume on a dry basis (ppmvd) and at 15% O2, When fired with natural gas, NOx emissions shall not exceed a daily average of 25 ppmvd , and CO emissions shall not exceed a daily average of 10 ppmvd, When fired with No, 2 distillate (diesel) fuel , NOx emissions shall not exceed a daily average of 42 ppmvd, and CO emissions shall not exceed a daily average of 6 ppmvdo In addition , NOx and CO emissions shall not exceed any corresponding emissions rate limit listed in Table 2.1. (IDAP A 58.01.01.211.01) 2.4 Other Criteria Pollutant Emissions Emissions of PM1o, NOx, and CO from any gas turbine stack shall not exceed any corresponding emissions rate limit listed in Table 2. (IDAPA 58.01.01.211.01) Table 2.1. EMISSIONS LIMITS - CRITERIA POLLUTANTS 2490 249, Page 4 of 13 I pe ittee: Location: AIR QUALITY PERMIT TO CONSTRUCT NUMBER: 039-00025 Mountain View Power, LLC Date Issued:September 9, 2002 Mountain Home, Idaho Opacity Limit Emissions from any of the CT stacks shall not exceed 20% opacity for a period or periods aggregating more than three minutes in any 60-minute period, Opacity shall be determined by the procedures contained in IDAPA 58.01.010625, (IDAPA 58.01.01.625) Operating Requirements Fuel Use The permittee shall combust natural gas or No; 2 distillate fuel oil exclusively in the two combustion turbines at the facility , (IDAPA 58.01.01.211.01) Fuel Sulfur Content Based on the applicant's request, natural gas burned in any turbine shall not contain sulfur in excess of one grain per 1 00 standard cubic feet (1 gr/100 set), (IDAPA 58.01.010211.01) No, 2 distillate oil burned in any turbine shall not contain sulfur in excess of 00 5% by weight. (IDAPA 58.01.01.728.02) Fuel Usaoe - No, 2 Distillate Fuel Oil The aggregate hours that Noo 2 distillate fuel oil is combusted in the CTs shall not exceed 1 600 hours per any consecutive 12-month periodo (IDAPA 58.01.01.211.01) - Reasonable Control of Fuoitive Emissions All reasonable precautions shall be taken to prevent PM from becoming airbome. In determining what reasonable , considerations will be given to factors such as the proximity of dust-emitting operations to human habitations and/or activities and atmospheric conditions that might affect the moverT:Ient of PMo Some of the reasonable precautions include, but are not limited to, the following: Use, where practical, of water or chemicals for control of dust in the demolition of existing buildings or structures, construction operations , the grading of roads, or the clearing of lands. Application , where practical, of asphalt, oil, water or suitable chemicals to, or covering of dirt roads, mat~rial stockpiles, and other surfaces which can create dust. Installation and use, where practical, of hoods , fans and fabric filters or equivalent systems to enclose and vent the handling of dusty materials. Adequate containment methods should be employed during sandblasting or other operations. Page 5 of 13 AIR QUALITY PERMIT TO CONSTRUCT NUMBER: 039-00025 Permittee:Mountain View Power, LLC Date Issued:September 9 2002 Location:Mountain Home, Idaho Covering, where practical, of open-bodied trucks transporting materials likely to give rise to airborne dustso Paving of roadways and their maintenance in a clean condition , where practical. Prompt removal of earth or other stored material from streets, where practical. (IDAPA 58.01.01.651) Monitoring Requirements llil. Monitorinq The permittee shall fully comply with all monitoring requirements established by 40 CFR 72,9(b)0 In particular, the permittee shall install, certify, operate , and maintain , in accordance with all the requirements of 40 CFR 75, a NOx GEMS (consisting of a NOx pollutant concentration monitor and an O2 or carbon dioxide diluent gas monitor) with an automated data acquisition and handling system for measuring and recording the NOx concentration (in ppm) and NOx emissions rate (in Ib/MMBtu) to the atmosphere from each gas turbine stack, The permittee shall fully comply with all requirements set forth in 40 CFR 75, Subpart F and 40 CFR 60 Appendix F 0 All records shall be made available for inspection to Department representatives upon request. " . (40 CFR 72. CO Monitorinq The permittee shall install, certify, operate, and maintain a GEMS consisting of a CO pollutant concentration monitor and an O2 diluent gas monitor. The CEMS shall be equipped with an automated data acquisition and handling system for measuring and recording the CO concentration (in ppm) and CO emissions rate (in Ib/MMBtu) discharged to the atmosphere from each gas turbine stack. The permittee shall fully comply with all requirements set forth in 40 CFR 60, Appendix F. (IDAPA 58.01.01.211.01) PM Performance Test For each gas turbine, within 60 days after achieving the maximum production rate at which the source will operate , but not later than 180 days after initial start-up, the permittee shall conduct performance tests when firing fuel oil. The performance test shall measure PM1o emissions from one gas turbine emissions stack to demonstrate compliance with the corresponding emissions limits in Permit Condition 2.40 Applicable test procedures include, but are not limited to, EPA Methods 201a and 202. The performance test, and any subsequent performance tests conducted to demonstrate compliance, shall be performed in accordance with IDAPA 58001.01.157 and General Provision 6 of this permit. Visible emissions shall be observed and recorded during each performance test run !-Ising the methods specified in IDAPA 58.01.01.625. During the performance test, the amount of fuel used shall be recorded. (IDAPA 58.01.01.211.01) Page 6 of 13 I pe m~: Location: AIR QUALITY PERMIT TO CONSTRUCT NUMBER: 039-00025 Mountain View Power, LLC Date Issued:September 9, 2002 Mountain Home, Idaho Turbine NO~ - New Source Performance Standard For each gas turbine, within 60 days after achieving the maximum production rate at which the source will operate, but not later than 180 days after initial start-up, the permittee shall conduct a performance test to measure NOx emissions from the gas turbine emissions stack in accordance with 40 CFR 600332 and the test methods and procedures in 40 CFR 60,335 and 40 CFR 6008, The initial performance test, and any subsequent performance tests conducted to demonstrate compliance, shall be performed in accordance with IDAPA 58.01,010 157 and General Provision 6 of this permit. Visible emissions shall be observed and recorded during each performance test run using the methods specified in IDAPA 58,01,010625. During the performance test, the amount of fuel used shall be recordedo (40 CFR 60.332) Monitorino When in use, the permittee shall monitor and record the information listed below for each turbine at the facilityo All data shall be kept onsite for a minimum of two years and shall be made available to Departmentrepresentatives upon request. The aggregate amount of hours that fuel oil is bumed in the CTsperany consecutive 12-month period The NOx emissions per consecutive 12-month period The CO emissions per consecutive 12-month period (IDAP A 58.01.01.211.01) Fuel Sulfur and Nitrooen Content The owner or operator of any stationary gas turbine subject to the provisions of 40 GFR Part 60, Subpart GG shall monitor sulfur content and nitrogen content of the fuel being fired in the turbines. All data shall be kept onsite for a minimum of five years and shall be made available to Department representatives upon request. The frequency of determination of these values shall be as follows: If the turbine is supplied its fuel from a bulk storage tank, the sulfur and nitrogen content shall be determined upon each occasion fuel is transferred to the storage tank from any other source.(40 CFR 60.334(b)(1)) If the turbine is supplied its fuel without intermediate bulk storage, the sulfur and nitrogen content shallbe determined daily. (40 CFR 60.334(b)(2)) In accordance with a custom schedule developed by the permittee and approved by the EPA.(40 CFR 60.334(b)(2)) The permittee may, upon EPA approval and notification to the Department, use GEMS emissions data to ensure compliance with 40 CFR 60.332. (IDAPA 58.01.01.211.01) Page 7 of 13 AIR QUALITY PERMIT TO CONSTRUCT NUMBER: 039-00025 Permittee:Mountain View Power, LLC Date Issued:September 9, 2002 Location:Mountain Home, Idaho Fuqitive Dust The permittee shall monitor and maintain records of the frequency and the method(s) used (Le., water chemical dust suppressants, etc,) to reasonably control fugitive emissions. The permittee shall maintain records of all fugitive dust complaints received, The permittee shall take appropriate corrective action as expeditiously as practicable after a valid complaint is receivedo The records shall, at a minimum, include the date each complaint was received and a description of the following: the complaint, the permittee s assessment of the validity of the complaint, any corrective action taken , and the date the corrective action was taken, (IDAP A 58.01.01.211.01) Reporting Requirements NO. and CO GEMS Certification/Recertification Tests The permittee shall submit to the Department a test protocol'for each certification and recertification of the NOx and CO GEMS required in Permit Conditions 2,10 and 2,, respectively, for reviewo Each test protocol shall be submitted to the DePi3rtment for approval at least ~O days prior to the respe~tive test date, (IDAPA 58.01.01.211.01) Required NO. ContinuousEmissionsMonitorinqSvstenil~formatibn The permittee shall fully comply with the' requirements seUortl;1 ,in 40 CFR 75, Subpart G. 'In acGordance with 40 CFR 75.60(b)(2), copies of all certification or recertification notifications , certification or recertification applications , and monitoring plans shall be submitted to the Department. The copies shall be submitted to the Department no later than the respective date specified in 40 CFR 75, SubpartGfor submission to the EPA Administratoro In addition , the permittee shall submit to the Department a written report (including all raw field data, etc.) for each certification or recertification test required by Permit Condition 20 10. Each report shall be submitted to the Department within 30 days of the date on which the respective test was completedo (40 CFR75, Subpart G) Performance Test Protocols The permittee is strongly suggested to submit a test protocol for each performance test required in this permit to the Department for review at least 30 days prior to the test date.(IDAPA 58.01.01.211.01) Performance Test Reports The permittee shall submit a written report of performance test results for the tests required in this permit to the Department within 30 days of performing each respective test.(IDAPA 58.01.01.211.01) Page 8 of 13 bitlOO:Location: AIR QUALITY PERMIT TO CONSTRUCT NUMBER: 039-00025 Mountain View Power, LLC Date Issued:September 9, 2002 Mountain Home, Idaho Excess NOy Emissions The permittee shall submit to the Department copies of all excess emissions and monitoring 'systems performance reports and/or summary reports for the NOx and CO GEMS, The reporting requirements and report format shall be the same as those specified in 40 CFR 60, 7(b) through (d) and IDAPA 58.01,01,130 through 1360 For NOx and CO emissions from the gas turbine stack, periods of excess emissions are any and all hourly NOx and CO concentrations as measured by the NOx and CO CEMSs, respectively, which exceed the allowable concentrations given in Permit Condition 20 , corrected to 15% oxygeno (40 CFR 60.7(b) through (d), IDAPA 58.01.01.130 through 136) Excess SO? Emissions The permittee shall submit to the Department a report of all excess emissions of S02 in accordance with 40 CFR 6007(b) through (d) and IDAPA 58001.01,130 through 136, For this report, excess S02 emissions are defined in 40 CFR 60,334(1;:)(2) as any daily period during which the sulfur content of the fuel being fired in the gas turbine exceeds 0,8%, (40 CFR 60.7(b) through (d), IDAPA 58.01.01'.130 through 136) Other Exceedances The permittee shall submit to the Department a report of any and all exceedances of any emissions rate visible emissions , or operating requirement listed in Permit Condition 2 in accordance with IDAPA 5800t,01,130through136, (IDAPA 58.01.01.130 through 136) Reports and Certifications All periodic reports and certifications required by this permit shall be submitted to the Department within 30 days of the end of each specified reporting period unless specified otherwise in this permit. Excess emissions reports and notifications shall be submitted in accordance with IDAPA 58.01.010130 through 136. Reports, certifications, and notifications shall be submitted to the following: Air Quality Permit Compliance Department of Environmental Quality Boise Regional Office 1445 N Orchard St. Boise, 10 83706-2239 Tel.: (208) 373-0550 Fax: (208) 373-0287 In accordance with 40 CFR 60.4, all requests, reports, applications, submittals, and other communications to the EPA Administrator pursuant to 40 CFR 60 (NSPS) shall be submitted in duplicate to the Region 10 Office of the EPA to the attention of the Director of the Office of Air Quality at the address below. Copies of all information required to be submitted to EPA for applicable NSPS requirements, shall also be submitted to the Department. EPA Region 10 Air Operating Permits, OAQ-107 1200 Sixth Ave. Seattle, WA 98101 Page 9 of 13 . Emittee:Location: AIR QUALITY PERMIT TO CONSTRUCT NUMBER: 039-00025 Mountain View Power, LLC Date Issued: Mountain Home, Idaho Permit Application Reauirements September 9 , 2002 25,1 The permittee shall submit to the Department a complete application for an original Tier I operating permit within 12 mont!1s of operational start-upo (IDAPA 58.01.01.313.01. 2502 The permittee shall comply with the Acid Rain Permit requirements in accordance with 40 CFR 72,9(a)and 40 CFR Part 72 , Subpart Certification of Documents (40 CFR 72) All documents , including, but not limited to, records, monitoring data , supporting information. testing reports or compliance certifications submitted to the Department shall contain a certification by a responsible official. . The certification shall state that, based on information and ~eliefformed after reasonable inquiry, the statements and information in the document are true, accurate , and complete. , , . Page 10 of 13 (IDAP A 58.01.01.12;3) AIR QUALITY PERMIT TO CONSTRUCT NUMBER: 039-00025 Permittee:Mountain View Power, LLC Date Issued:September 9 , 2002 Location:Mountain Home, Idaho ABOVEGROUND STORAGE TANK The permittee shall keep readily accessible records showing the dimension of the 50 000-galion aboveground storage tank and an analysis showing the capacity of the storage vessel. (40 CFR 60.11 Ob(c), 40 CFR 60.116b(b)) The permittee shall keep copies of the required records in Permit Condition 3.1 for the life of the fuel storagetank. . . (40 CFR 60.110b(c), 40 CFR 60.116b(a)) ." . , ., ,.- - Page 11 of 13 AIR QUALITY PERMIT TO CONSTRUCT NUMBER: 039-00025 Permittee:Mountain View Power, LLC Date Issued:September 9,2002 Location:Mountain Home, Idaho EMISSIONS INVENTORY Summaries of the maximum emission estimates are given in Table 40 Mountain View Power, LLC Emissions Limits - Hourly (Ib/hr) and Annual (T/yr) PM1o SO2 NOx VOC Source Description Ib/hr T/vr Ib/hr T/yr Ib/hr T/yr Ib/hr T!yr Ib/hr T/yr Ib/hr T/vr Gas turbine stack (1)11,11,18,76,11, Aggregate emissions 22,96.4 22,96.4 37.4 37,153.4 249,130 60.4 22.4 249, Table 4.1 EMISSION ESTIMATES Page 12 of 13 , , AIR QUALITY PERMIT TO CONSTRUCT NUMBER: 039-00025 Permittee:Mountain View Power, LLC Date Issued:September 9, 2002 Location:Mountain Home , Idaho PERMIT TO CONSTRUCT GENERAL PROVISIONS All emissions authorized herein shall be consistent with the terms and conditions of this permit and the Rules for the Control of Air Pollution in Idaho, The emissions of any pollutant in excess of the limitations specified herein, or noncompliance with any other condition or limitation contained in this permit, shall constitute a violation of this permit and the Rules for the Control of Air Pollution in Idaho, and the Environmental Protection and Health Act, Idaho Code 939-101 , et seqo The permittee shall at all times (except as provided in the Rules for the Control of Air Pollution in Idaho) maintain in good working order and operate as efficiently as practicable, all treatment or control facilities or systems installed or used to achieve compliance with the terms and conditions of this permit and other applicable Idaho laws for the control of air pollution, The permittee shall allow the Director, and/or the authorized representative(s), upon tl:1e presentation of - credentials: To enter, at reasonable times , upon the premises where an emissions source is located , or in which any records are required to be kept under the terms and conditions of this permit. At reasonable times, to have access to and copy any records required to be kept under the terms"and conditions of this permit, to inspect any monitoring method~ required in this permit , ' ;;Ind require stack emissions testing in conformance with IDAPA 58,O1,Q10 7 whEm deemed app~opriate by the Director. 3.2 Nothing in this permit 'is intended to relieve or exe'ri\pt th~' permittee from compliance with any applicable federal, state, or local law or regulation , except as specifically provided herein. The permittee shall n~tify the Departme , in writin~, of the r~quired information for the followin~' e~ents . within five working days after occurrence: Initiation of Construction - Date Completion/Cessation of Construction - Date Actual Production Startup - Date InitialDate of Achieving Maximum Production Rate - Production Rate and Date If emissions testing is specified, the permittee must schedule such testing within 60 days after achieving the maximum production rate, but not later than 180 days after initial startup. Such testing must strictly adhere to the procedures outlined in IDAPA 58,01.01.157 and shall not be conducted on weekends or state holidays without prior written approval from the Department. Testing procedures and specific time limitations may modified by the Department by prior negotiation if conditions warrant adjustment. The Department shall be notified at least 15 days prior to the scheduled compliance test. Any records or data generated as a result of such compliance test shall be made available to the Department upon request. The maximum allowable operating rate shall be limited to 120% of the average operating rate attained during any performance test period for which a test protocol has been granted prior approval by the Department, unless (1) the test demonstrates noncompliance; (2) a more restrictive operating limit is specified elsewhere in this permit; or (3) at such an operating rate, emissions would exceed any emissions limit(s) set forth in this permit. The provisions of this permit are severable, and if any provision of this permit to any circumstance is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby, Page 13 of 13 Air Quality Permitting Technical Memorandum Permit to Construct No. 039-00025 MOUNTAIN VIEW POWER, LLC ELMORE COUNTY Prepared By: Michael Stambulis, P . Permit Writer Project No. P-000901 Date Prepared: August 9, 2002 Permit Status: FINAL PERMIT PURPOSE Technical Analysis Mountain View Power, LLC June 10, 2002 Page 3 The purpose of this memorandum is to satisfy the requirements of IDAPA 58.01,01.200 Rules for the Control of Air Pollution in Idaho, and to document the factual basis for issuing this PTC. PROJECT DESCRIPTION Mountain View Power, LLC (MVP) proposes to construct and operate the Mountain Home Energy Project, simple-cycle electric generating facility in Elmore County. The Project is located approximately one-half mile northwest of the intersection of Interstate 84 and Highway 200 When completed , the facility will have a nominal generating capacity of about 80 megawatts (MW)o The Project will include the installation of up to two gas CTs, one generator, and related ancillary facilitieso The CTs will be fired with either natural gas or No, 2 distillate oil (diesel fuel)o The facility will include the installation of up to two GE LM6000 SPRINT aero-derivative CTso The CTs drive a single generator situated between the CTs, The CTs will be fired primarily with natural gas with No. distillate oil as a backup fuel. SUMMARY OF EVENTS March 5, 2001 March 15 2001 April 20, 2001 May 21,2001 June 4, 2001 July 2 , 2001 July 13, 2001 through A\I,gu.st 13, 2001 July 23, 2001 November 2, 2001 November 20, 2001 June 5 , 2002 July 11, 2002 Original PTC application was received by DEQ. A public meeting was held in Mountain' Home , Idaho by PDA to discu~s the proposed facilityo - - Power Development AssQciates submitted a P.TC applicatio'n that replac~d the original application., This appl!cation'W~s f~rthe installation of two GE LM~OOO CTs. . DEQ issued an incompleteness le~er'for the PTC applicationo Additional information was submitted to DEQ by PDA. DEQ declared the PTC application complete. An opportunity for public comment period was held for the proposed project. A public comment period was not requestedo ,"'- DEQ issued a consent order for the installation of the GE CTs. DEQ received additional infonnation from PDA requesting the evaluation of an alternative set of CTso Representatives of DEQ met with representatives of PDA and Greystone Environmental Consultants, Inc. to discuss the proposed . ' modifications to the facility. DEQ issued a revised consent order for the installation of either the GE CTs or analternative. DEQ received a letter from Greystone Environmental Consultants, Inc.,on behalf of PDA, indicating the selection of the GE LM6000 configuration for the facility. DEQ issued a draft version of the PTCfor facility review. Technical Analysis MountainView Power, LLC June 10, 2002 Page 5 Toxics emission factors for industrial turbineso These estimated emission rates were reviewed and found consistent with DEQ methods, Emissions above the screening emission levels are subject to air dispersion modeling analyses to demonstrate compliance with the TAP standards given by IDAPA 58001001.210. Information regarding the modeling analyses is provided in Section 3 of thi"s memorandumo Table 2, TOXIC AIR POLLUTANT EMISSIONS - NATURAL GAS Total Hourly Toxic DEQ Screening Pollutants Emissions (Ib/hr)a Emission Level (Ib/hr) Arcolein 7E-7E- Acetaldehyde OE-0E- Benzene 9E-0E- Benzo(a)pyrene 6E-0E- Butadiene 2E-2.4E- Formaldehyde 7E+OO 1 E- Total PAHs OE-OE- lb/hr = pounds per hour pAHs = polyaromatic hydrocart;Jons Table 3, TOXIC AIR POLLUTANT EMISSIONS - FUEL OIL Total Hourly Toxic DEQ Screening Pollutants Emission levelEmissions (lb/hr)a (Ib/hr) Arsenic 6E-5E- Benzene 3.4E-0E- Benzo(a)pyrene 7E-0E- Beryllium 8E-8E- Cadmium 0E-7E- Chromium (Hex)9.4E-6E- Fol'!T\ald~hyde ... -- 5E-1 E- HCI 0E-0E- Manganese 2E-7E- Nickel 1 E-7E~O5 Total PAHs 6~ 1 E-0E-O6 . Zinc 1E-7E- ~'_._._.. a Iblhr = pounds per hourb PAHs = polyaromatic hydrocarbons Based on the modeling analyses, it has been determined that the estimated TAP emissions would not cause a violation of the acceptable ambient concentrations for non-carcinogens or for carcinogens (AACsand AACCs, respectively) listed in IDAPA 58.01.01.585 and 586. Technical Analysis Mountain View Power. LLC June 10.2002 Page 7 IDAPA 58,01001.203 Permit Requirements for New and Modified Stationary Sources Mountain View Power demonstrated to the satisfaction of DEO that the facility would comply with applicable local , state , and federal emission standards , and the facility would not cause or significantly contribute to a violation of any ambient air quality standardo IDAPA 58.01.01.205 Permit Requirements for New Major Facilities in Attainment or Unclassifiable Areas In accordance with IDAPA 58.01.205.01.04., since the proposed facility is not a designated facility, and it does not have the potential to emit more than 250 T/yr of any regulated air pollutant, the requirements of Sections 2050010 , 205001.b.ii , and 205,01,c are not applicable to this project. In accordance with IDAPA 58001 001 0205,01 o b.i , NMOS, the allowable emission increases from the new major facility would not cause or significantly contribute to violations of any ambient air quality standard, See comments regarding IDAPA 58001,010577 below. IDAPA 58001,01,210 Demonstration of Preconstruction Compliance with Toxic Standards Mountain View Power demonstrated preconstruction compliance with the toxic standards by showing that the estimated controlled ambient concentrations of TAPs are less than the applicable screening emission levels and/or the acceptable ambient concentration levels listed in IDAPA 58.010010585 and 586, In particular, compliance has been demonstrated for the requirements of IDAPA 58.01.01.210.05,, & 08, For additional information , see Sections 2 and 3 and-Appendix D. IDAPA 58001001.212 ObliQation to Comply Mountain View Power is responsible to comply with all applicable local, state, and federal statutes rules, and regulations. IDAPA 58001.01.301 Requirement to Obtain a Tier I Operatina Permit No owner or operator may operate any Tier I source without an effective Tier I operating permit. However, an exception is allowed. No Tier I operating permit is required if the owner or operator is in compliance with Sections 311 through 315 of the Rules and the Department has nottakenfinal actio on the Tier I application. A key requirementfor demonstrating compliance with Sections 311 through 315is given by IDAPA 58.01.010313.01(b). This rule requires thattheowner or operator oUhe Tier I source shall submit to the Department a complete application for an original Tier I operating permit within 12 months after becoming a Tier I source or commencing operation. Therefore, a condition to require submittal of a complete Tier I operating permit application was included in the reportingrequirements section of the PTC. ' IDAPA 58.01.01,577 Ambient Air Quality Standards for Specific:Air Pollutants Mountain View Powerdemoristrated pre-construction compliance with the NAAQSby showing that the emission sources at the proposed facility would not cause or significantly contribute to a violation of any ambient air quality standard as given by IDAPA 58.01.01.575. For detaUs, see Section 3 and Appendix Do Technical Analysis Mountain View Power, LLC June 10, 2002 Page 9 600334(a): The owner or operator of any stationary gas turbine using water injection to control NOx emissions shall install and operate a continuous monitoring system to monitor and record the fuel consumption and the ratio of water to fuel being fired in the turbine. The system shall be accurate to within :1:5%. This requirement is applicablA end h8~ been included in the monitoring and recordkeeping section of the PTC. 60,334(b): The monitoring requirements for sulfur and nitrogen content in fuels given by 60.334(b)(1) & (2) are applicable to the project and have been included in the monitoring and recordkeeping section of the PTCo The sulfur and nitrogen content of the fuel being fired must be determined upon each delivery to a bulk storage tank , or daily if no intermediate bulk storage is utilized. 60.334(c)(1) and (c)(2): The reporting requirements for excess emissions of nitrogen oxides given by 60.334(c)(1) are applicable and have been included in the reporting section of the PTC. Any one- hour period which the average water-to-fuel ratio falls below the accepted value, any period which the fuel-bound nitrogen content exceeds determined accepted values, and any daily period which the sulfu~ content of fuel being fired exceeds 0,8% must be reported. An eXC3S~ o~ ~ulfulcontent is no~ ' likely to occur since the PTC contains sulfur content limits which are considerably less than 008% the turbine fuel natural gas, However, this NSPS requirement was still included in the PTC because it is applicable" and as such, will need to be included in the forthcoming Title V operating permit. 600335: The test methods and procedures for nitrogen oxides and sulfur oxides, specified in 60,335 are applicable and have been included in the monitoring section of the PTC. 40 CFR Part 60. Subpart Kb Standards of Performance for Volatile OrQanic liquid StoraQe Vessels (IncludinQ Petroleum liquid Sforaoe Vessels) for Which Construction. Reconstruction. or Modification Commenced After July 23. 1984 The facility is equipped with one 50 000-galion AST containing diesel fuel. The following portions of 600110b apply to this AST. 600 110b(c): Storage vessels with a capacity greater than about 40,000 gallons storing a liquid with a maximum true vapor pressure of less 3.5 kilopascals (kPa) are exempt from the general provisions of 40 CFR 60.and from most of the portions of Subpart Kb. The 50,000..galion AST contains diesel fuel which has a true vapor pressure less than 3.5 kPa. Therefore; the ASTs at the facility qualify for the exemptions, The remaining applicable sections are discussed below. 60.116b(b): The facility will keep readily accessible records 'showing the dimensions of the ASTs and an analysis showing the capacity of the ASTs. These records will be kept at the facility for the lite of the ASTs as provided in 60.116b(a). IDAPA 58.01.01,625 Visible Emissions No CT at the facility shall discharge any pollutant to the atmosphere from any of the turbine stacks for a period or periods aggregating more than three minutes in any 60-minute period which is greater than 20% opacity as determined by the EPATest Method IDAPA 58.01.01.650 Rules for Control of FuQitive Dust The facility is required to take all reasonable precautions to prevent the generation of fugitive dust. Technical Analysis Mountain 'view Power, LLC June 10,2002 Page 11 7.2 OperatinQ Requirements The permittee evaluated turbine emissions when combusting natural gas or No.2 distillate 'oil; therefore, the permittee is required to combust natural gas or Noo 2 distillate oil exclusively in theturbineso For the turbines , emission estimates provided in the permit application and the emission limits established in the permit have been based upon a maximum sulfur 1 grain/100 standard cubic feet for natural gas, Since these sulfur contents have been used as the basis for emission estimates and subsequent dispersion modeling analyses, they have also been established as limits within the permit. The PTC limits the aggregate amount of hours that No, 2 distillate oil is combusted in the turbines to 600 hours per consecutive 12-month period to limit the ambient impacts from nickel emissions to below regulatory limits, Monitorinq and Recordkeepinq Requirements The permittee is required to install a GEMS to measure NOx emissions in accordance with the acid rain provisions in 40 CFR Part 720 The permittee is also required to conduct a performance test for NOx emissions in accordance with the NSPS in 40 CFR 60.3320 \ , The permittee is required to install a GEMS to measure CO emissions, The permittee requested a limit on CO emissions per consecutive 12-month period in order to avoid PSD revieW. The CEMS to measure CO emissions is required to ensure CO emissions per consecutive 12-month period remain b~low the permitted limit. The permittee is required to conduct a performance test to ensure compliance with the permitted PM1o emissions limits. Public Comment From July 13 through August 13, an opportunity for public comment period was held for the proposed .#. ,- . project. . DEQ did not receive a request for a public comment period for this PTC. Technical Analysis Mountain View Power, LLC June 10, 2002 Page 13 RECOMMENDATION Based on review of application materials and all applicable state and federal rules and regulations, staff recommends Mountain View Power, LLC be issued PTC Noo 039-00025 for the proposed Mountain Home Energy Project No public comment period has been requested, and the project does not involve PSD requirements. MJS/bh G:\AIR QUALlTY\STATIONARY SOURCE\SS L TO\PTC\MOUNTAIN VIEW POWER, LLC\FINAL PREP\P-OOO901 TECH MEMO,DOC cc:Joan Lechtenberg, Air Quality Division Mike Gown, Boise Regional Office Sherry Davis, Technical Services Division r,::i'; . , ...;~ GE AERO ENERGY PRODUCTS/GE LM6000.$PRINT w/o VlGVs Estimated Average Engine Pertormance NOT FOR GUARANTEE HAT GAS GENERATOR: 290ERT, 60 Hz 13,8 kV. 0,9 PF EFF: 14839 CAP: 14765 TT 5127/0111:12:55 AM GE125M 7s9,scp 1,0-5 100 deg 100 deg 50 deg 50 deg Odeg Odeg ChiKer Chiller Sprint Sprint CASE # 100 102 100 102 100 102 100 104 100 105 AMBIENT DB,100.100.50,50.100.60.SO.100, WB,61.4 61.43.43.61.51.43.61.4 10.10.60.60.100.100.10.60.60,10, AlT 3280 3280 3280 3280 3280 3280 3280 3280 3280 3280 ENGINE INLET TEMP 100,100,50.50.50,50.50.100. 10.10.60.60.100.100.53.86,60.10. CONDITIONING NONE NONE NONE NONE NONE NONE CHILL CHill NONE NONE TONS or kBTU 930 187 , GEN TERM 23234 11639 40574 20300 43812 21918 40370 40570 42364 29695 BtuIKW-hr, LHV 10103 13631 8527 10590 8318 10289 8541 8524 8702 9639 FUEL MMBtulhr, LHV 234.158.346 215 364.225.344.345.368.286. Iblhr 12,355 351 210 314 180 11,870 146 18,201 403 15,064 NOZZLE WATER Iblhr 11490 5B84 18418 8207 17851 7847 18458 17927 19669 14714 100 100 100 100 100 100 100 100 100 100 NOZZLE STEAM Iblhr INLET LOSS, inH20 VOLUTE LOSS, inH20 EXHAUST LOSS,inH20 10,10.00 10.10.10.10.00 10.10.10.10. HP COMP, rpm 10172 9713 10411 9688 10016 9351 10406 10431 10431 10360 LP COMP, rpm 3600 3600 3600 3600 3600 3000 3600 3500 N/A NIt, COMP DISCH, psia 291 227 391 289 425 313 390 391 397,323. COMP DISCH 1001 899 1001 873 901 786 1001 1001 996 1002 T48,1926 1753 2000 1773 1904 1675 1999 2003 2040 2003 EXHAUST PARAMETERS 835 774 810 727 721 637 810 813 849 876 Ib/sec 196.161.4 257.203.287.!226.257.256.260.214, Iblhr 708120 581040 927720 732600 1036440 816840 925560 924480 936360 771480 Cp Btullb-R 2720 2668 2733 2661 2680 2812 2732 2738 2762 2767 EMISSIONS (NOT FOR USE IN ENVIRONMENTAl PERMITS, REF lID 15% 02) NO.,ppmvd NO.Iblhr ppmvd CO,IbIhr HC,ppmvd HC;:,Ib/hr EXH WGHT % WET (NOT FOR USE IN ENVIRONMENTAl PERMITS) 2390 12507 2309 2473 2407 12556 2315 2286 2278 2324 72.7999 73,4634 72.3434 73.2690 72.9095 73.7485 72.3781 72.2107 72.1786 72.4321 16.1407 17.4321 15,2367 16,9925 15.8074 17.4653 15.2530 15.1735 14,7806 15,2541 CO2 4206 8493 9612 9180 6760 6846 9571 9775 2480 9689 H2O 3962 42016 6.2227 5894 3580 8400 1751 4050 5612 1081 S02 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0012 0009 0024 0017 0055 0038 0025 0020 0028 0018 0001 0001 0001 0001 0005 0003 0002 0001 0002 0001 NOx 0023 0019 0026 002 0024 0019 0026 0026 0027 0026 EXH MOLE % DRY (NOT FOR USE IN ENVIRONMENTAl PERMITS) 9588 9541 9622 9557 9603 9542 9621 9623 9640 9622 80.3378 79.9142 80.6422 80,0596 80,4706 79.9258 80,6387 80.6557 80.8031 80,6428 15.5943 16,8018 14,8899 16,2556 15,2744 16,5715 14,8779 14,8379 14.4889 14,8887 CO2 1053 5270 5203 7252 32852 5419 5156 5390 7399 5215 H2O 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 S02 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0012 0009 0024 0017 0055 0;0038 0025 0020 0,0028 0018 0001 0001 0001 0001 0005 0003 0002 0001 0002 0001 NO.0023 0018 0026 002 0024'0018 0026 0026 0027 0026 EXH MOLE % WET (NOT FOR USE IN ENVIRONMEmAl PERMITS) 8775 8908 8685 8889 8794 . 0,8962 8891.8660 0;8851 . 0,8702 73.5290 74.6113 72.7905 74,2915 73.6938 75.0678..72;8453 72.5812 72,5196 72.9305 142726 15,5001 13.4221 15.0844 ,13,9881 15.5643 13.4401 13.3525 13,0018 13.4467 CO2 8421 3593 1776 5288 0066 3874 1758 1847 . , 3585 1847 H2O 4753 6357 7364 2048 4215 0782 6646 10:0111 10,2514 5836 S02 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0012 0009 0024 0017 0056 0038 0025 0020 0028 0018 0002 0002 0003 0002 0009 0006 0003 0002 0003 0002 NOx 0021 0017 0023 0018 0022 0017 0023 0023 0024 0023 ~A-LM6000' "-, , , APPENDIX B Emissions Calculations - Criteria Pollutants MOUNTAIN VIEWPOW~R, LLC Elmore C~u~ty . , ...' .,...... ~.. . -. '.,~. APPENDIX B Icontinued) TABLE 3, CRITERIA POLLUTANT EMISSIONS - TWO TURBINES Max. Hourly Max, Hourly Emissions -Emissions -Annual Natural Gas Fuel Oil Emissions Pollutant IIb/hrl IIblhrl /tons oer year! NOx 92,153,f---245L 22.13.4 245, VOC 13,60.4 PM-20,20,88, S02 37.4 37, Notes:Annual emissions of NOx and CO based on applicants requested annual emissions totals. Average annual emissions estimates forVOCs, PM-, and 502 based on emissions at 50 degrees F, , ,, , cr.'7 '-'.-.. - Appendix B - LM6000 APPENDIX C . TAP ANALYSIS" NATURAL GAS COMBUSTION Annual Facility Hours of Operation = 8,760 24 Hour Annual (ug/m"3) (ug/m Max MoC:eled :2 iblhr Impact 3.099 0,054 Max Modeled 1 Iblhr Impact 1,549 0,027 Note: 1 Ib/hr impact represents facility emissions from both generators. Max Fueling Rate (MMcflhr) 0,779 Calculation: (389,619 scflhr)*(1/1 ,000,000)*2 = 0,779 MMscf/hr Where: 389.619 sct/hr is the maximum fuel usage tor one turbine Table 1, Non-carcinoQenic Toxic Air Pollutants Max, Facility 24 Hour Max, Annual CATEF Control Emissions Screening EL Modeled Emissions Toxic Air Pollutant Efficiency (two AAC (ug/m"3)(two (lbfMMcf)(percent)generators.(Iblhr)Impact generators " Iblhr\(ugfm"3)ton"'rl, Acrolein 93E-50%7EoO2 7EoO2 2E-O2 1.25E+01 2EoO1 Ethvlbenzene 70E-O2 50%2.2E-9E+01 3.441E-O2 175E+04 7E-O2 Fluorene 58E-O4 50%1 .8E-04 33E-O1 SE-Q.4 E+02 8E-:J4 Hexane 82E-50%5E-O1 2E+01 3E-O1 E+03 5E-O1 Naohthalene 88E-50%1E-O3 33E+00 8E-O3 5E+03 3E-O2 Proovlene Oxide 87E-50%3E-2E+00 5E-O2 4E+03 OE-O1 Toluene 68E-50%5E-O2 5E+01 014E-O1 875E+04 9E-O1 Xylene lIotal)26E-50%2.4E-O2 9E+01 779E-O2 2. 175E+04 1E-O1 e 2,arcinooenic Toxic Air Pollutants Maxo Facility Annual Maxo Annual CATEF Control Emissions Screening EL Modeled Emissions Toxic Air Pollutant Efficiency (two AAC (ug/m"3)(two Notes (lbfMMcf)(percent)generators"(Iblhr)Impact generators - Iblhrl (ugfm"3)tnn"'.\ Acetaldehvde 11 E-O1 50%0EoO1 OEoO3 3E-O3 5E-O1 7E-O1 Benzene 90E-O2 ---- ~O~ ~__ ~9!~0EoO4 OE-O3 I- l:~:!:!.1 .2.'~~1 PAir--Benzo a 8"nthrace.1ET' - - - -- - " 1.34E-04 ---------- 50%2E-O5 3E-04 Benzo a lovrene 16E-O5 50%6EoOS OEoO6 6E-O7 OE-04 6E-04 PAH Benzo b fluoranthene 72E-O5 50%6E-O5 1E-04 PAH Benzo e IOVrene 33E-O7 50%9E-O7 3E-06 PAH Benzo k fluoranthene 72E-O5 50%6E-O5 1E-04 PAH . Chrvsene 50E-04 50%8E-05 6E-04 PAH Dibenzla,h)anthracene 34E-04 50%2E-O5 3E-04 PAH IndenoI1.3-cd)ovrene 34E-04 50%2E-O5 3E-04 PAH Total PAH ------,..-- ~O!"!!..~.0EoO6 - -~~. 4E-O2 .2.0 ~~~------ 1 :3-B"uiaciierie - - - - - - -- - - 1.33E-04 50%5.2EoOS - - - 2.4E;i's'1.4E-06 - - 3.6E:O3 3E-04 FormaldetM:Ie 87E+00 50%7E+OO 1EoO4 2E-O2 7E-O2 2E+O1 T bl Appendix C - LM6000 Page 1 APPENDIX D Modeling Review Technical Memorandum MOUNTAIN VIEW POWER, LLC Elmore County, . ." , ,, , '" . Page 2 were used in the analysis , along with all regulatory defaults, the building downwash, and a limit of 1,600 hours of operation using fuel oil. Ten different operating scenarios were modeled for natural gas and fuel oil combustion, The maximum impact of the ten scenarios, including background concentrations, was compared to the NAAQSo Tables 1 through 6 contain summaries of the modeling results Table 10 Modelino results with natural gas combustion, Maximum impact Pollutant Average MHEP Impact Background Total NAAQS CompliantY or N? Period (~g/m Concentration Concentrationo (~g/m (IJQ/m (IJQ/m N02 Annual 100 Annual 18, S02 24-hour 120 122 365 hour 374 381 300 hour 320 130 163 10,000 , --,-- 1 -hour 92.4 11,450 542 40,000 PM,o Annual 32,34.2 24-hour 410 1270 150 ' . Y 1 , nitrogen dioxide2, sulfur dioxide3, carbon monoxide4, particulate matter with a nominal diameter less than 10 micrometers Table 20 Modelino results with fuel oil combustiono Maximum impact. Pollutant Ave,MHEP Impact Background Total NAAQS Compliant Y or N? Period (~g/m Conco (IJQ/m (lJg/m ClJo/m N02 Annual . 40 100 Annual 18.19. S02 24-hour 250 120 146 365 hour 374 470 300 hour 19.130 150 10,000 1 -hour 56,11,450 11 ,507 40,000 ;PM1o Annual'32:34. 24-hour 41,1270 150 - Y ,~\";,.--.. 1. nitrogen dioxide 20 sulfur dioxide 3, carbon monoxide4, particulate matter with a nominal diameter less than 10 micrometers Page 4 Table 5. Modeled maximum impact from non-carcinoQenic TAPs (fuel oil)o TAP . . CATEF Control Max 1-DEQ EL DEQ ACC 24 hour Annual factor Efficiency Emissions (Ib/hr)(~g/m Maximum Emissions (lb/MMcf)(percent)(Ib/hr)(except Modeled (ton/yr) , for lead)impact (~Q/m Chromium (total)60E-2E-3E-5E+01 5E-6E- CoDDer 1.48E-5E-3E-0E+01 3E-8E- Fluorene 06E-50%7E-33E-1 E+02 1 E-OE- HCl 61 E-9E-0E-8E+02 7E-9E- Lead 18E-1 E-6.4E-3E- tons/year ManQanese 1.43E-2E-7E-OE+01 3E-5E- Mercury 14E-9E-OE-5E+00 6E-3E- Naphthalene 34E-50%5E-3E+00 5E+03 2.4E-2E- Selenium 13E-2E-3E-OE+01 ' 8,O:::,2E- Zinc 1.42E-1 E-' 6,7E-OE+02 3E+00 5E- , , ., , . I ..' ..... .. ....,. -.~ ---..-.-"'.-"' , Page 6 3. CONCLUSION Table 1 through Table 6 present the results of the modeling analysis for all regulated pollutants and TAPso The results demonstrated that the increase in PM1O, CO, N02 ,8nd 802 emissions did not calise violations to the standards. The air dispersion modeling demonstrates compliance with all applicable standards, The resulting ambient concentrations due to emissions of TAPs are below the ACCor AACC, Therefore MHEP in Mountain Home , Idaho has demonstrated compliance with all applicable requirementso Electronic copies of the modeling analysis are saved on CD disk, G:\Technical Services\Modeling\Dong\permit\PTC\MHEP\memo for MHEP1,doc ~. #t" '-"- "' Idaho Department of Environmental Quality Office of Technical Services CALCULATION SHEET Sheet ect --Rwos- L:t-ve.\~:t'~ MH Ef Work Order File No, Title of Calculation fr-r)(~5~,j~i I';t ..) EYc-Prepared By fJ\JS Date CY.'oltklo? , Item Checked By Date q.0:~r-~t:_5,j;jif':--Ai)'::frQLG~;-~tPf' :, ' :r:u-b::;:%i:-~J;j5bC6;::tikbjJi:~, :~: -:::., -"- :::(- ~,llt;; " ~~, ~Ti~~-'-t-i~::~i~;';ri0iG:~;:~J~a:f:-:~1b:t- ---::: ..,, ,'-'---,,-- ,.., ,-..--- - -- --, -"-----"'-' -- -.. ----,-- --'-----", ------------'---'--- -----_..---_--_ om - - ,_.. -, --- ,-- -- -, -----------.., - -- --- --- -, c------ , - 1\!c:.-t\.I(l-- Gc.5 - (;,pfl;~~ib;~j-::m~~0();- :: : 1J\~-;;~hpiJt':;::::liii.:~-:::ai" :-b:ill~~J.:::_.. ::_:::' '::::.._::: :-::', '--'--" _ P"'- -'----- ,:,-:..::~:~~~~:::,:,--: ,"--""--' ,:-,- 3~6!;1:_:r~Yhi: "1;05 Ibl:~~':X- '=--- f;r- ' ""- arSG5.~"-b/hC '----- , 4 aX ~" "- ' :.i~;9 :~:~~i~~"~~~~1\ ;~ ~~b ~iA~C, ' ::;Au.4,bl~--t9- - ::' :D~~.r:FtX..L .. --- ------- i::':-!,DJPW):c __n_ "- --------;, :Pe ~lOI! - ---, u_- - - - Dli~i rcJLJ ~t- ~~~: ?a...Jt4~ , ::. ,... ..;... .. . :;N~~j ~.....: ..1'~it it~~Tl J'3 ':Z:; 1~, -' )h,;;lLi;" - ,_- I. .-- Y7/fl -.-....,---.,..-----.-----.---:--.: " ,-",--",,-;---;---:---- r"- :--':---- C"-- '---'--- 1(J-()1'()~ City of Mountain Home www,ci,mountain-home,id.us 160 South 3rd East PO Box 10 Mountain Home, Id 83647 (208) 587-2104 Fax (208) 587-2171 April 24, 2003 Ronald L. Wtlliams Mountain View Power, Inc, 1015 West Hays Street Boise, ID 83702 Enclosed is your copy oftbe recorded Conditional Use Pennit and your receipt for tbefina1 payment for the process, Good luck in your ventureso --------- ~w' ----- -- __ __m-- .. - - - - -- -.. - - --,- --- - ---- -- --- -.. ,--- -.-- Gary "Tuller - , Development Services ~ : , 'n CITY OF MOUNTAIN HOME CO~~naONAL USE PERNDT A Conditional Use Permit is hereby granted by the City of Mountain Home, Idaho, for the following described rea1 property located within the City Limits of Mountain Home, Elmore County, Idaho more particularly described as foUows, to wit: ADDRESS:1015 West Hays Street, Boise, ill 83702 I n5t r ument # 345358Elmore County, Idaho09:52am Apr .24.2003For: CI TY OF MOUNT AI N HOMENo. of Pages: 3 Fee: $00GAIL L. BEST , Recorder De out y: DLE NAME:Mountain View Power, Inc, 1015 West Hays Street Boise, ill 83702 LEGAL DESCRIPTION: A parcel ofland lying in a portion of the NW ~ of the SW ~ofSection 19, T.3S., R ?E., B. Mountain Home, Elmore County, Idaho, said parcel being more particularly desClibed as follows: Commencing at the Brass Cap marking the ~ comer common to Section 19 and 20, 1.3S., R ?E. , Mountain Home, Elmore County, Idaho; thence S08~55'44"W. 2,618.44 feet to an iron pin marking the Center.~ comer of said Section 19; thence N.89O55'44"E. 565.78 feet; thence oooO4' 16"E. 35.00 feet to an iron pin marking the Northwest comer ofLat 5, Block 1 Mountain View Industrial Park Subdivision Noo I, records of the Elmore County Recorder Mountain Home, Idaho, said point being the Point of Beginning; Thence S.OooO4' 16"Eo 522096 feet to a point of beginning of curve; Thence along a curve to the left 98.65 feet, said curve having a delta of66OZ9'50", a radius of 85.00 feet, tangents of55.73 feet and along chord of93.21 feet, which bears 31O41'24"W. to a point of tangent; Thence S.Ot OJ3'31 "E. 188.47 feet to the Southwest comer ofLat 5, Block 2, said Mountain View Industrial Park. Subdivision No. Thence S0 88O26'29"W. 500.27 feet to a Meridianal Center Line of said Section 19; Thence N. 01032'25"W. 803.87 feet along said Meridiana! Center Line; Thence N.89O55'44"Eo 564.88 feet to the Point of Beginning, said parcel c,oDtaining 88 acres. Subject To: Any Right-of-Ways and/or Easements of record or in use. The City of Mountain Home issues this Conditional Use Permit as requested in~ Conditional Use Application, a copy of which is attached hereto and by this reference made a part hereof: and on the basis of the following finding The above-described property is situated within zoning district: Mountain Home City Code 9-4-4 requires an Energy Production Facility to obtain a Conditional Use Permit. The permitted use will be compatl"ble with the existing City of Mountain H9me Comprehensive Plan and the zoning district and/or enhance or serve the community it: and only if, the following regulations are continuously met by the owner, his heirs and assigns, in the use of the ab?ve-described property: 1, All requirements of the City of Mountain Home Fire, Public Works, Engineering, and Building/Zoning Departments regarding this type of use shall be satisfied 'prior to occupancy, 2. Failure to abide by any condition of this Conditional Use Permit shall be grounds for revocation by the Mountain Home City CounciL 3, An Occupancy Permit will not be issued by the Building Department until all of these condition(s) have been complied with. In the event a condition(s) cannot be met by the desired date of occupancy, the Zoning Administrator will determine whether the condition( s) is bondable or should be completed, and if determined to be bondable, a bond will be required in the amount of 11 0 % of the value of the condition(s), which are incomplete. 4. Maintenance: The project permitted by this Conditional Use shall be maintained by the owner, his heirs and assigns, in perpetuity, as shown on the drawings (of record at City HalL Mountain Home), Covenants, Conditions, and Regulations as presented and hereby recorded at the office of the Elmore County Recorder as a part. of this Conditional UsePermit. . The Energy Production Facility will be limited to a maximum of 180MW of production. Any aggrieved person( s) may appeal the decision of the Council, as provided for by judicial review under provisions of Idaho State Code and as per City Code 9-18-6 (B 4), within twenty~ight (28) days after notice of Council action has been given to the applicant and after all remedies have been exhausted under this Title, This permit will not take effect until after the appeal period has lapsed and this document has been duly recorded at the Elmore County Recorder s Office. IF THIS CONDmONAL USE PERMIT IS NOT ACTED UPON BY DECEMBER 31, 2004, IT WILL BECOME NULL AND VOID WITHOUT FURTIIER NOTIFICATION FROM TIllS DEPARTMENTo (NOTE: Ifsubdivision platting is requir~ no Building Permit will be issued until the final plat is recordedo Issued this .l- 'I ti ay of y- Betty M Clerk City of Mountain Home The applicant for Conditional Use Pennit has r ad and is in agreement with the conditions placed herein on the above described property. ~2 ~o3 Date ACKNOWLEDGMENT State of Idaho County of Elmore On this ~ \ r + day of ;). (; 0"5 before me, the undersigned, a Notary Public in and for said state, personally appearedJ . b f.,., 0 0 t.,...known to me to be the person/s whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. w'1I1 L 1J pUv.- Notary Public for Idaho ,..-, Residing at t3.1. .. . - \..D.., ,1" # " ~~ ....."""" ./.(~ # ~ 0 '~ 0:. :'~ .,.. ':. i I ~OT-4~ ~ iJ. ""8 .- \cIJ.. UBL\C -;. ~ e .. .. ~.. . 0 # ~ li' . ........ ~)$) 'fi # OF 11)~~ . '.........,,_., ~ LEASE LEASE, made this day of 2003, by and between the CITY OF MOUNTAIN HOME, IDAHO, a municipal corporation of the County of Elmore, State of Idaho hereinafter designated as "Owner , and MOUNTAIN VIEW POWER, INc., an Idaho corporation, hereinafter designated as the "Lessee , WITNESSETH: WHEREAS, the Owner has established an industrial park in the City of Mountain Home County of Elmore, State ofIdaho, known and platted as Mountain View Industrial Park Noo 1 that is shown on the copy of the plat that is attached hereto as "Exhibit A", and WHEREAS , Lessee desires to lease from the Owner real property located in Mountain Home, County of Elmore, State ofJdaho, that is described in Exhibit B that is attached hereto and which is referred to herein as the "Demised Premises , and, WHEREAS; the Mayor and Council of the City '0fMountain Home, Idaho, by Resolution duly enacted on the day of 2003, have determined that the above-described real property is not needed for any city purpose and will not be needed for any city purpose in the future, that the terms of this lease are just and equitable, and have authorized the leasing of said property to Lessee, NOW, THEREFORE; IN CONSIDERATION OF the mutual covenants and agreements herein contained and in consideration of the rent to be paid by the Lessee to the Owner as herein provided, Owner does hereby lease, let and demise unto the Lessee the real property described herein, to have and to hold the same unto Lessee, during the term and terms hereof, subject to the following terms and conditions: 1. DESCRIPTION OF LEASED PREMISESo The Owner leases to Lessee the real property located in the City of Mountain Home, County of Elmore, State of Idaho, that is described on "Exhibit B" that is attached hereto and by this reference made a part hereof. 2. TERM OF LEASE. The initial term of this lease shall be for a period of five years, commencing on the day of , 2003, and ending upon the day of LEASE - 1 200 , The Lessee shall have the right and option to renew and extend the term of this lease for nine successive periods of five years each on the same terms and conditions as are applicable to the initial term. except as otherwise provided hereino To exercise the right to extend the term of the lease for additional five-year periods, the Lessee shall notify the Owner in writing sixty days prior to the end of the previous term that it elects to exercise the right of extension as provided herein, Said notice shall be deemed given when mailed to the City Clerk of Mountain Home, Idaho, certified or registered mail with postage prepaid or bydeliv:eting in person said written notice to the City Clerk of Mountain Home, Idaho. 3. RENT, The Lessee shall pay to the Owner, without demand, at the office of the City Clerk in Mountain Home, Idaho, or such other place as the Owner may from time to time designate in writing, annual rent during each year of the tenn of this lease in the amount of 0'0,per year, payable in advance on or before the day of ofthis lease, subject to the adjustments provided for in paragraph 4 hereof. of each year 40 ADJUSTMENT IN RENT, If the lease is extended and renewed for an additional five-year period or periods as herein provided, the rent shall be increased or decreased according to the United States Consumer Price Index for All Urban Consumers as published by the Bureau of Labor Statistics of the United States Department of Labor 0 The rent for the five-year period beginning the day of , 200 , shall be increased or decreased by the percentage of increase or decrease in said Consumer Price Index during the preceding five-year period, and the rent for each subsequent five-year period shall be increased or decreased in a like manner. 5. USE AND OCCUP A DON OF DEMISED PREMISESo Lessee is authorized to use the Demised Premises for a power generation plant and any other lawful use, subject to prior approval of the Owner. The Lessee has examined and knows the condition of said property and premises and has leased the same as they now stand and no representations as to the condition or state of repair thereof have been made by the Owner prior to or atthe time of the execution of LEASE ~ 2 this lease, The Lessee shall keep up and maintain said premises and any improvements constructed thereon in good condition and repair, and the Lessee shal1 keep said premises appurtenances and improvements in a clean and presentable condition during the term of this lease, The Lessee specifically agrees that it will not use said premises or property for any unlawful purpose, 6, CONSTRUCTION OF IMPROVEMENTS, As further consideration for this lease the Lessee shall, within of the commencement of this lease, begin the construction of a power generation plant, as shown on the site plan and floor plan that are attached to this lease as "Exhibit C" and by this reference made a part hereof. Constf':lction of said improvements shall be completed by Lessee within of the date construction is commenced, 70 TITLE TO IMPROVEMENTSo Title to and ownership of all buildings and other improvements on the above-described real property, and all machinery, equipment, fumi shings , fixtures and personal property located and/or installed on the above-described real property by the Lessee, shall remain in the Lessee. The Lessee shall have the right, at any time, to remove buildings, machinery, equipment, furnishings, fixtures and personal property located and/or instal1ed on the above-described real property, if Lessee is not in default hereunder. Upon any such removal , Lessee shal1, at its expense, repair any damage caused by such removal and restore said property to its original conditiono 80 LANDSCAPING OF PREMISES. !tis understood by the parties that the Owner requires that the building site, parking lot and adjacent property be landscaped according to City requirements. Lessee shal1landscape the premises in accordance with the Owner s requirements and the approved site plano 9, RESTRICTION AGAINST LIENS. Lessee shall pay and settle all expenses and liabilities arising out of or.in any way connected with any and all construction, repairs, alterations or maintenance of any and all improvements on the Demised Premises, and it shall keep the LEASE - 3 premises and the improvements thereon free and clear from all liens of mechanics or materialmen, and all liens of a similar character, arising out of or growing out of the construction repair. alteration or maintenance of such improvements, 10, RIGHT OF LESSEE TO PURCHASE, If the Owner is legally able to sell the Demised Premises, other than through a public auction as now required, and the Owner decides to sell said property during the term of this lease or any extension or renewal thereof, the Lessee shall have the first option to purchase said property at its then fair market value for cash. 110 REQUIREMENTS OF LAW 0 Lessee shall promptly comply with all statutes ordinances, rules, orders, regulations, and requirements of the Federal, State and Municipal governments and of any and all of their departments and bureaus which are applicable to the ~se by Lessee ofthe Demised Premises during the term of this lease or any extension or renewal thereof. 120 TAXES 0 Lessee shall pay and discharge when due all State and localtax~s assessments, levies and other charges, general and special, of whatever name, nature or kind, that are or may be , during the term of this lease, or any extension or renewal thereof, levied, assessed. or imposed on the Demised Premises and the improvements placed thereon by Lessee, 13. UTILITIES. Lessee shall pay all charges for water, sewer, electricity, gas, telephone and other utility services furnished to the Demised Premiseso 140 MAINTENANCE OF PREMISES. The Lessee shall, at its own expense, keep and maintain the Demised Premises in a good state ofrepairand in a clean and presentable condition at all times and properly abate any nuisance which may arise or exist on the premises. 150 FREE ACCESS OF CITY. The Owner or any of its agents or employees shall have the right of free access to the premises at all reasonable times for the purpose of inspecting the premises to detennine whether or not the Lessee is complying with the provisions of this lease, 160 ASSIGNMENT OR SUBLEASE. Lessee agrees that it will not assign this lease, nor sublet any portion of the Demised Premises without first obtaining the consent in writing of the LEASE - 4 Owner, which consent will not be unreasonably withheldo Consentto one assignment shall not be deemed a waiver of this provision and all later assignments shall likewise be made on~y on prior written consent of the Owner. 170 NONLJABILITY OF OWNER. The Owner shall not be liable for any damages occurring to persons or property on the Demised Premises while the Lessee is in occupancy thereof under terms of this lease, nor for any damages occurring to persons or property by the failure of the Lessee to keep said premises in repair or for any damages arising from acts of negligence of any of the employees or agents of the Lessee and the Lessee shall indemnify and hold the Owner hannless from all such liability. 180 LIABILITY INSURANCEo Lessee shall, during the tenn of this lease and without expense to Owner, maintain or cause to be maintained in full force and effect, public liability insurance in one or more insurance companies selected by Lessee which are qualified to do business in the State of Idaho, with limits of coverage in the aggregate of $1 ,000 000, for personal injury of not less than $500 000 per person, and $50 000 coverage for damage to property 0 Lessee shall cause such policy or policies to name or contain an endorsement naming Owner as an additional insured thereunder. It is agreed that Lessee shall be entitled to provide the insurance coverage required under this paragraph in whole or in part pursuant to a "blanket" policy or policies. The Lessee shall provide the Owner with a certificate as evidence that the insurance policy or policies required herein are in full force and effect at all times. 19, MORTGAGE OF LEASEHOLD ESTATE. Lessee shall have the continuing right during the term ofthis lease, from time to time, without obtaining Owner s consent or approval to mortgage, pledge or otherwise encumber this lease, including Lessee s leasehold estate in the Demised Premises and all right, title and interest of Lessee under this lease. Any such mortgage pledge or encumbrance is hereinafter referred to as "Leasehold Mortgage , and the holder of such leasehold mortgage is hereinafter referred to as a "Leasehold Mortgagee , The leasehold mortgagee or its assigns may enforce such leasehold mortgage and acquire titleto the leasehold LEASE - 5 estate created under such leasehold mortgage and acquire title to the leasehold estate created under this lease in any lawful way, Pending foreclosure of a leasehold mortgage, the leasehold mortgagee may take possession of and rent the Demised Premises, If Lessee encumbers its leasehold estate created under this lease by a leasehold mortgage and if the leasehold mortgagee shall notify Owner of the creation thereof, then Owner shall, at the same time it shall give notice of a breach ofthis lease to Lessee, also give notice thereof to the leasehold mortgageeo No such notice shal1 be deemed to have been given to Less~e' unless and until a copy thereof shall have been so given to such leasehold mortgagee. The leasehold mortgagee shall have the right, but not the obligation, to cure any default ofLessee~der this lease within the time and in the manner allowed Lessee to cure defaults as setout in this lease, All payments so made and an things so done and performed by said leasehold mortgagee as permitted by this se\tion, shall be as effective to prevent a forfeiture ofthe right of Lessee under this lease as the same would have been if done and performed by Lessee instead of said leasehold mortgageeo Any such leasehold mortgage so executed by Lessee may be so conditioned as to provide, as between said leasehold mortgagee and Lessee, that said leasehold mortgagee , on making good and curing any such default or defaults on the part of Lessee, shan be thereby subrogated to any and an rights of Lessee under this leaseo No leasehold mortgagee shall be considered or become liable to Owner as an assignee of this lease, or otherwise, until such time as said leasehold mortgagee shall by forec1osure or other appropriate proceedings in the nature thereof, or as a result of any other action or remedy provided for by such leasehold mortgage, acquire the rights, interest and estate of Lessee under this lease. Upon so acquiring the rights of the Lessee under this lease, the leasehold mortgagee shall be entitled to all of the rights and privileges of the Lessee under this lease, and shan be subject to all of the .obligations of Lessee under this lease, All notices by Owner to a leasehold mortgagee pursuant to this section or pursuant to any other provision ofthis lease shall be given by registered or certified mail , return receipt LEASE - 6 requested, addressed to such leasehold mortgagee at the address last specified to Owner in writing by such leasehold mortgagee, any such notice shall be deemed to have been given and served when so mailed, 20, TERMINATION OF LEASE ON CONDEMNATIONo If the whole or substantially all of the Demised Premises shall be taken by any public authority, under the power of eminent domain, then this lease shall be terminated as of the date of possession by such authority, and the rent shall be paid up to the date of such possession. For purposes of this paragraph substantially all" of the Demised Premises shall be deemed to have been taken ifthe remaining property cannot be practically used by Lessee or its subtenants, assignees or licensees, for its stated purposeso In the event of a taking of a whole or substantially all of the Demised Premi~es Lessee or its subtenants, assignees or licensees as the case may be, sha11 be entitled to all awards in connection with the taking of the building and impro'Yemen~s erected on the premises by Lessee or its subtenants, assignees or licensees , , any statutoI)' awards available to lessees generally and any awards for the unexpired lease term. Owner sha11 be entitled to any award or awards made in connection with the taking of the value of its fee ownership and any awards available to lessors or owners generally, If there is a partial condemnation of the Demised Premises such that Lessee or its subtenants can continue to use the premises for its intended purpose, Lessee shall be entitled to an equitable adjustment ofthe rent due hereunder. Absent agreement as to the amount of any such adjustment, the parties shall refer the matter to a third party arbitrator (under rules established by the American Arbitration Association for commercial disputes), and the decision of said arbitrator shall be bindingo In the event of a partial condemnation, Owner shall be entitled to all condemnation awards unless improvements by the Lessee or its subtenants or assignees to the premises are located within the condemned area. In such event, Lessee or its subtenants shall be entitled to receive the value of the improvements taken by such condemnation and Owner shall receive the balance of the award. LEASE - 7 210 VALIDITY OF LEASE, If the leasing of the Demised Premises or any portion thereof, or any part of this lease is held to be invalid by a court oflaw, Lessee shaH make claim against the Owner for damages of any kind, Should there be a legal challenge to the validity of this lease , Owner shaH diligently and conscientiously defend the same. If this lease or any portion thereof is declared invalid by a court of competent jurisdiction, the Owner shaH cooperate with the Lessee in attempting to mitigate any damages suffered by the Lessee. 220 COMPLIANCE WITH ENVIRONMENTAL LAWS AND INDEMNITY ,OF CITY, The Lessee shall comply with all health, safety, sanitation and environmental laws, rules and regulations of appropriate governmental agencies affecting the use and occupancy of premises for the uses herein specifiedo The Lessee assumes all environmental liabilities caused by Lessee during the term of this lease arising under the Comprehensive Environmental Response, Compensation and Liability Act, as amended from time to time, the Resource Conservation and Recovery Act, as amended from time to time, and the Toxic Substances Control Act, as amended from time to time, together with any and all similar state and federal laws and agrees to indemnify and hold the Owner harmless therefor. 23, REMEDIES FOR DEF A UL T. If default be made in the payment of the rent hereby reserved or any part thereof, or in the performance of any of the other terms and conditions hereof, then the Owner shall first give the Lessee sixty days' notice in writing specifying wherein . the Lessee has failed to comply with this lease and which said notice may be delivered'to the Lessee personaHy or sent to it by registered or certified mail , addressed to it as hereinafter providedo If sent by mail, said notice shall be deemed served upon the Lessee upon the date it is deposited in the Untied States mails with postage prepaid, certified or registered and addressed as above mentionedo If the Lessee fails to correct such default within said sixty-day period, then the Owner may without further notice declare this lease terminated and may reenter and retake possession of the Demised Premises, with or without process of law, and may remove the Lessee from said premises, and the Lessee agrees that in case of such default it will immediately deliver LEASE - 8 up peaceable possession of the Demised Premises to the Owner upon demand, or the Owner ll1ay exercise any other remedy it may have either at law or in equity. The Lessee agrees that in case of its default i1'1 complying with the terms hereof, and at the time of surrendering possession of said premises, it will pay to the Owner any damages sustained by the Owner as a result of its failure to comply with the terms hereof. 24, ATTORNEY'S FEES, In the event it becomes necessary for either party to place this lease in the hands of an attorney for enforcement of their rights hereunder after default of the other party or to institute legal proceedings for enforcement of their rights hereunder, then the defaulting party agrees in such case to pay a reasonable attorney s fees incurred by the non- defaulting party, in addition to other damages allowed by"law. 25. NOTICES, Any notice or other communicatiori, under the terms onhis lease by one party to the other shall be sufficiently given if personallx'"delivered or if deposited by registered or certified mail , postage prepaid, return receipt, request~d, ~nd addressed as follows: (a) To Lessee: Mountain View Power, Inco 1015 West Hays Boise, Idaho 83702 (b) To Owner: City Clerk Post Office Box 10 Mountain Home, Idaho 83647 260 SURRENDER OF PREMISES AND HOLDING OVER. Lessee shall , on or before the last day of the term of this lease, or any extension or renewal thereof, peacefully and quietly leave, surrender and yield up unto Owner the Demised Premises. The failure of the Lessee to surrender the Demised Premises as provided herein and the subsequent holding over by Lessee with or without the consent of the Owner, shall result in the creation of a tenancy from month to month at a monthly rental of one-twelfth of the annual rent then being paid, payable monthly in LEASE - 9 advance during the month-to-month tenancy, This provision does not give the Lessee any'right to hold over at the expiration of any term, Any other terms and conditions of this lease .shall remain in full force and effect during any month-to-month tenancy hereunder. 270 NOW AIVERS, Time is of the essence ofthis lease and the payment of the rent hereby reserved and of every term, covenant and condition herein contained. Any extensions or indulgences granted by the Owner in the performance of any term hereof shall not be construed as a waiver of the Owner s right to insist upon prompt and strict performance thereaftero . waivers or modifications of this lease shall be binding unless made in writing and subscribed by the parties heretoo 28. COVENANT. The Owner l1ereby covenants that the Lessee performing the terms and conditions hereof shall peacefully and quietly have, hold and enjoy the said leased premises and property during the term hereof. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year in this agreement first above written. CITY OF MOUNTAIN HOME, IDAHO, a municipal corporation D, Jett, Mayor ATTEST: Betty Manning, City Clerk OWNER MOUNTAIN VIEW POWER, INC. an Idaho corporation , President LESSEE. LEASE - 10 STATE OF IDAHO, COUNTY OF ELMORE ) ss, On this day of ,2003 , before me, the undersigned, a Notary Public in and for said State, personally appeared Dave Jett and Betty MaIming, known to me to be the Mayor and City Clerk, respectively, of the City of Mountain Home, Idaho, a municipal corpo- ration that executed the foregoing instrument or the persons who executed the instrument on behalf of said municipal corporation , and acknowledged to me that said municipal corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written, Notary Public for Idaho Residing at 'Mountain Home, ID My commission expires: STATE OF IDAHO , , COUNTY OF . ) sSo On this day of ,2003 , before me, the undersigned, a Notary Public"rin and for said State, personally appeared , known to me to be the President of Mountain View Power, lnco, an Idaho corporation, that executed the foregoing instrument or the person who executed the instrument on behalf of said corporation, and ac- knowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal , the day and year in this certificate first above written. Notary Public for Idaho Residing at: My commission expires: LEASE - May'::~1-01 11 :46A ECISC Mtn .. ---a .-.a.. ..... n""""208 587 2175 - -------- -, -'.-, ,., OI'DTJ Dl:SCJJInoN FOI. I'OWEA IJEt'Q.OIWENT ASSOC ADJA CE:NT TO LO'T aLOCX I, .AND LOT S, aOCIZ NOUNl;tIN VIEW 1Jt1D(JSTaIAL AU NO. , A J*Cd ofllDd 1JiaI ~. portioh of- NW ~ SE \4 ofSedioB 19. T.3S-; R.7f... S.M., MmmIaiD Duore CouaI). ldIbo,l8id bcbc IIIOR p8IticuIIdy dcIcribed tOIDwn:Cu......eJ~81 the Dr.. .. ~ coraa co~ID SedioaI I9 8Dd 20~, ." 1l. 7E.. B~ Mold- E1moR CoUllI)'. Idaho; thcDce. S.~5'44"W. 2,611.441ect 10 In iroft pm DWiiUI the Ca8a % cona ofilia Section 19; 1hmIx, , ~S"F.. ~.7J'" ~ S.O()8O4"E. 35.eo fed_.. iroft J8111181U11 tb: c:urfttI of Lot S. Bloct 1. bdusuiIII P8llt SuhdiviIioft No. 1. rccoub of tile Couoty ~. ....... Home.. IcIaho, ... pod Ix:ina the "., -' ~........" , 1'beocc. S.()0804"6"E. '22.% 6:d to a pm. oreurw; nr:ace .. 10 11:1 91.65 kt, said CunIe . .... of "~9'50" ; ".- of IS.OO ... -.- .f 55.73 .. .., ct.d or9)~1 6:d ,..,... .... S.31.4J'"24~"W.to.poiIIIoflll~ , ,, - 'J'k8:c.. S.OI~J~ ."E. 111.47 ht 10.. COracr ofJ..aa 51 B1oc:k 2, said Moua&8iD Vir... 1 ~i81 ,. ....... No; I; , ' , ' " ' 1'kncc. S.Ir26'29"W: SOO.27'tid 80 1b: NaidionaI Caacr LiDe of"" SecIion' 19; , 11Iw:aoc.. N.81-)2~"W. 803.17 h", .... Qacr LiPe; ~ N..,.SS" """ E. 564.1J1J i:et 10 .. .... of ~. '... ", p8Cd9.11.... SVAl1iCl' IV: AIq , ~,..., 8'KI1or ""'-'~I~f of ftCOIII or in ...""" ' ,. ~-......... Economic Development OfficeCity of Mountain Home150S3E Mountain Home, ID 83647 Mountain View Power A TTN: Robert Looper 1015 Hays Street Boise, ill 83702 August 22, 2003 RE: City Water Dear Mro Looper The City of Mountain Home has granted Mountain View Power a Conditional Use Permit to construct a gas fired power plant in the City Limits. The City agreed to provide up to 250 gallons of water per minute to the facilityo As with any customer within the City of Mountain Home, the water is provided " available" 0 Public safety, emergencies and other scenarios could preclude the City from making the water available at a particular time. In other words, there are no guarantees but City water is certainly a very reliable source of water, CWTently, the City has permits for up to nine ,million gallons of water per dayo The peak, average consumption varies a great deal, Summer months see consumption at 6 million gallons per day and the winter is only about 205 million gallons per day. I hope this information is helpful to you. Contact me if I can assist with anything, Sin ely /(.~ Ron Swearingen, Director Cc:Mayor Jett Phone: (208) 587-2173 Fax: (208) 58?:-2175 Email: eeiscfDmindspring.com CITY OF MOU~_TA8N HOME ,--,-----,--- 160 SOUTH 3~ EAST PO BOX 10 MOUNTAIN HOME. ID 83647 (208) 587-21 ::i'AJt (208) 587-2110 Mountain View Power ATTN: Bob Looper and Ron Williams 1015 Hays Street Boise, ill 83702 April 15, 2003 Dear Bob and Ron, I am happy to let you know that the City Council unanimously approved the amendment to your Conditional Use Permit at our meeting last night. The discussion was brief and the motion to increase your capacity to 180MW was approved, as you requested. In addition, we extended the term of your permit through December 2004, providing you with the time frame required to be responsive to the current RFP The City of Mountain Home has been working with you for over three years in an attempt to get a power generation facility constructed ,here. Although unproductive to date, our community stands in support of your projecto Our action last night is but another testament. of our desire to seeMVP succeedo As we discussed during our meeting in March, the Citywill pursue Tax Increment Financing on the qualifying portions of your in&astructure. We will begin the process as soon as your RFP bid has been approved. This financing tool carries its share of stipulations and red tapeo Justthe same, I will support efforts to establishthe,required Urban Renewal District and the other related activitieso Of course, I cannot speak for the . members of the City Council. or County Commissi oners but I will work to get the job done expeditiously, . We, support your project because it will provide long-term benefits to the property tax base of our City, provide lease revenue from the industrial park land and will help insure a long term source of.power in the regioIL . . - - -; - .- ! ! - - - , I - ; , , ' _.. ' -' - ,; - - ' ,-' -: : - ! - - - ,- ": ;" , !: ' ! .- _: , ~ Good luck :on your,cutTent submittalo ~eep ,us; informed, as to ~~e pr(!)gress. 'I reinain ' '. . - -' - , " , i- ' ~ . - ... :: I -! ' i - - ::(/.: t".:!!.ri!-;i!'r:;'i:::';:-- ""-!'-":':~~,- -, ,- .- ;, - --,:-: :"- -', ::' '" ,- ,- -, -- ..--- '-' ,, , - : -'-'" ,----,- ,,-- -,,- -- ,: www. ci .mountain-home. ide us CITY OF MOUNT AIH HOME "'--"'----- 160 SOUTH 3RD EAST PO' BOX 10 MOu'"NTAIN HOME. ID 83647 (208) S87-210 zAJC . (208) 587-2110 Mountain View Power, Inc, Bob Looper and Ron Williams 1015 West Hays Street Mountain Home, ill 83647 August 29 2002 Dear Bob and Ron, Thank you for staying in touch with me and our Economic Development Office as to your progress on the proposed power plant here in Mountain Home. The City is still very supportive of your plans and we look forward to an excellent, long term relationshipo As we discussed, the City of Mountain Home is committed to providing you with 250 gallons of water per minute for your facility 0 Your plant discharge into our sewer system is no problem, Furthermore, we will work with Mountain View Power to provide additional water and sewer service in the future, if needed, My office and the City s Economic Development Office are available to lend assistance whenever needed, We look forward to hearing from you soono As always, feel free to pass this information along, Very truly yours Dave Jett Mayor DJ/rs - , - ;r - - ;::- - I:: '- : : - Ti L':' ,r'd'- :!-:':- -. - .:,...j ,,:,: -"-,:' -:';')';'::;,/,/'; ~':L;L;- :"-.- -; , .. -, - -..-;'-- -','-- - ,I - - - ,"'"- : ,- -- ,;;,, "-- ;-,j'- : 1- - , ;: : 'L; 1.. ; - , : i i- : , i f'-: :~; " www.ci .mountain-home. id~ us OCI 11 201211 9: 57 AM FR 5T OF I D D I S1 3 OFF I C34 8917 TO 91312137219298 APPLICATION AND PERMIT TO USE RIGH1-0~-v\JA '( UTILITIES 132 (Wi) (TO-,"0 ,'-96 w 27-' 52S00.2 \'d (3) . OJECT NO. Mi... Mulll~ Eherq"y rro~Route Hi gh,.7;:1 Y 20 See atached m~p 020' frm intpn:;proHon I ij4 Station To Station Distance from Nearest Town OR Jet, ~ \ -\:" " Yl \'0 \ ~ \\- -:d- \ SBQ NO. MPTO MPCl - & PERMIT No.-0;)-) rS~ REG NO #0 0Z- Inspection Fee Required 0 Performance Bond Required $ Type Access Control Board Minute Entry Date Underground Pipeli (O"erhead.(Gndergroun Distance From:Centerline Ft.Right.of-Way:Ft- Angle of Cl"ossing ~ - -- . - . entt.il e C\', kv) Pressure . ~ize of Pipe: 12 " Depth 48" to m:own M.thod DfI""t.n.tion ~ - !OGRe...- /' (J acklJ3 0 relCut) A PLA."ir OF PROPOSED WORK MTD APPLICABl.. '::- :i.AFFIC CONTROL ?LA.NS MUST BL ATTACHED Vertical Clearance- In. 200 PSI Spe~U11 Prgvision,;;See Attached Description and Map We have not hired a turnkey contractor ' and, therefore have not prepared our :raffic control plan. However, we understand the traffic control plan must be submitted and approved prior to construction. , ,. , Y\ 0 ~ e..YL . - I ceI"t11Y that I am the Authorized Utility Company represen tative ~d :req~st permisSl , to c:.on$tru.ct the above facilities within the State Highways Right of Way in accO1dancewith the general provisions printedon the re~ene side of this form. the Specia1 Provisions and the Plans made a part of this permit. This permit shall be void; unless work is completed before 1;1 ;+00 ~ Company and Address Power Development Associates 1015 West Hays Robert Looper (?n~.~~1 1R98 PHONE . ts, pennission i$ hereby granted tc Boise, ID 83702CITY STATE ZIP S' 48 -HOURS 'NOTICE-REQUirED . -t) PRIOR TO COMMENCEMENT OF WORK. NOTIFY REGION MAINT. FOREMANL CLAUDIUS BARNES ., (208)587-7966 . I is ACCo'IP """'01) BY """101FT (1)11, "'" 1/ -$-Dati"R ,- 'I1 BEFORE ANY WORK CAN COMMENCra DIG LINE MUST BE CALLED 1-800-342-1585 IN ACCORDANCE WITH IDAHO CODE 55-2207 - --. -- Description of the Proposed Utilities The pipeline and transmission line are proposed to utilize the IDOT ROW on the west side of Highway 200 The following describes the details of the gas and transmission line: Gas Line: .:. The pipeline will start from a point on Highway 20 outside the Mt. Home Industrial Park which is located approximately 3 020' from the intersection of Interstate 84 and Highway 200 The pipeline will be built within the westel11 shoulder of the Highway 20 ROWJor a distance of944' from the City of Mountain Home industrial park boundary to an interconnection point with anexisting pipeline, .:. 12" natural gas pipeline interconnecting with the existing Northwest Pipeline for a distance of944' .:. Request to build approximately 5' off the shoulder , so there is no disturbance topavement .:. Pressure is 1 200 PSI .:. Depth of 48" to crown .:. Method of installation-cut Transmission Line: .:. The transmission line will start from a point on Highway 20 outside the Mt. Home Industrial Park which is located approximately 3 020' from the intersection of Interstate 84 and Highway 20. The transni~ssion line wi~ilt within the western shoulder of the Highway 20 ROW fora distance from the City of Mountain Home industrial park boundary to an interconnection point with an existing transmission. .:. 138kV transmission line .:. Single wood pole construction .:. Verticalc1earancefrom the ground of23' . .:. Poles will be spaced approximately 300'apart .:. The transmission linewill cross at the same angle and within the same ROW as the existing transmission line to interconnect into an existing substation -', '0 ""~'- i .J l/ ""', ~~, . . " --f~ ~~'" .J !II . 'c -/ ............- "'-............ , f ';;::;~"' !Y ' ... .PI"-.;J.... :/ /, t",tZ:~~~ " 'I! 3 "'0 ' " ",.'/j . ". "-- ;",- ..- -... --... - I ~, " -- P..B.d.POSED TRANSMISSION AND " '" ,,,----- AI- TERNATE GAS PIPELINE 1 (WIT~N ROAD ROW) ...p -:\;, !. -...! ., ~. "'JIi; o!,., - ,- , ,- ,", ' ,;' ~ I ' _ 8M ~285 , \\. " . /x f ~\ il;... ;'-:~::'~! . .t;; :;;'--# " '_.- , i1; -"-- - ---- PROPOSED PowEifpLANT'siTf"'-- IAPPROXIMAlELY 8 ACRES) -,=,="", Cl)NORTH 750 Scale (ft) ..' .. f :. . -- ,,"'-- - . 4.- : - . - , .oj -- . :..1 I.J"' , - POWER DEVELOPMENT ASSOCIATES, LL MT. HOME POWER PLANT PROJECT 1500 FIGURE FACIUTY MAP ~1E: 111-1501 SCAlE: M AoaoCAD -... .... DRAWN BY: AI2 Traffic Control - During the construction operation, warning signs conforming with the current Manual on Uniform Traffic Control Devices shall be in place at all times. The Idaho Transportation Department reserves the right to require addi tional signing if deemed necessary for the protection of the travelling public. All construction signs barricades, barrels, cones or other devices used during hours of darkness shall meet the reflective requirements of Class B reflective sheeting. Traffic in each direction of travel shall be restricted to not less than one lane. If this cannot be accomplished, a minimum of two certified flaggers shall be on duty to control traffic forthe safety of the travelling public and work crews. Fl aggers shall be properly trained and equipped with flagging paddle and safety vest so they are readily visible. If flaggers are required to work during hours of darkness, they shall wear reflective safety clothing and the flagging station shall beilluminated with portable area lighting. MISCELLANEOUS Prior to beginning construction, sufficient labor, material and equipment shall be at the job site to expediently complete the proj ect. The District Traffic Engineer (208-334-8340) shall be notified at least 48 hours in advance of starting work wi thin the Highway Right-of-Way. Plantmix patching shall be completed wi thin 24 hours after completing, base course compaction. Trenches."shall,not be left open overnight unless proper traffic control and safety devices are in place. All testing and construction inspection shall be performed by a certified, commercial inspection laboratory at the expense of thecontractor. Copies of laboratory and compaction test results shall be submitted to the District Traffic Engineer uponcompletion of the proj ect. The Permittee shall be responsible for any damages to the roadway and its appurtenances. The Permittee shall also be responsible for any defect in the roadway repair at the trench location for a period of two years. Maximum allowable settlement shall be 1/4 inch as measured with a 10 foot straight edge. SP - Pipe Jacking Page 3 Rev. 08/05/94 SPECIAL PROVISION - PIPE JACKING DESCRIPTION: This i tem shall consist of furnishing and installing steel casing, at locations within the highwayright-of-way, by any combination of the following methods: jacking or driving; rotary or auger drilling. MATERIALS Materials shall meet the following requirements: Steel Casing................... .ASTM A-252 Fine Aggregate for Concrete.... .ITD 703. Portland Cement.. . . . . . . . . . . . . . . . ITD 701. Water for Concrete..............ITD 711. Air Entraining ~xture. . . . . . . . ITD ~709. 02 Water Reducing ~xture. . . . . . . ' . ITD 709. Aluminum Powder, Class B... ..~ ..Fed,~ Spec. TT-D-320 Grout -Grout material ,shall be a 'combination of cement, water and appropriate additives; or sand, cement, water and appropriate,additives. The grout mix design shall be submitted to the engineer for approval prior to use. CONS TRUCTI ON REQUIREMENTS Installation ~' Steel casing shall be installed in a manner which precludes interference with highway safety or damage to the roadway by subsequent subsidence. Prior to installation, the contractor shall submit an outline of his construction procedures to the engineer for approval.' These procedures shall include the following: 1. Plan view and elevation showing dimensions of the operating pit; shoring, bracing, struts, whalers, or sheet piles used to support the excavation; size and type of outer casing. 2. The proposed method of installing the steel casing; the jack or driving system; a detail of the separator-cushion at the end of the steel casing against which the jacking ordriving force will be applied; the support for the jack or Page 1 Rev. 08/05/94 SPECIAL PROVISION - TRENCHING DESCRIPTION:This item shall consist of excavating a utility trench within the roadway prism; installing pipe, conduit, cable or other utility conveyance; backfilling and compacting the excavated area; then restoring the pavement surface and other disturbed areas to their original condition , in close conformity to the attached illustration. MATERIALS The following materials shall be obtained from contractorfurnished sources or as otherwise approved. Materials shall meet the requirements of all applicable sections of the Idaho Transportation Department Standard Specifications for HighwayConstruction, latest edition. In addition, materials shall meet the following requirements: Aggregate Backfill - Aggregate for backfill shall consist 'of sand and gravel or sand and rock mixtures. Material selected shall have a sand equivalent greater than 30 (subsection 205.06) . Lean Concrete Backfill - Lean concrete backfill shall be used in lieu of aggregate backfill when crossing the travelway and working in the roadway prism. The mix shall be made up of thefollowing proportions of materials: Coarse aggregate Sand Portland cement Water ( 3/8" minus maximum of 600 800 lbs.lbs.lbs.gallons Water content is maximum and may be reduced downward. Care shall be taken to assure that excess water is not present in the mixing drum prior to charging the mixer with materials. Thorough mixing will be required prior to discharge. No compaction, vibration or finishing is required. The lean concrete shal'be struck off at or below the elevation of theplantmixsurfacing with a square - nose shovel or similar handtool. The backfill mix shall be allowed to set for a minimtim of 2 hours before the permanent plantmix surfacing is placed to complete the trench repair. Temporary placement of asphalt cold mix .. surfacing may be necessary to accommodate traffic within the first 2 hours of backfill placement prior to completing thepermanent repair. Aggregate Base - Aggregate for base (subsection 703.04) shall conform to one of the following gradations: SP - Trenching Page 1 Rev. 09/24/97 Hveem Stability... . . . . . . . . . . . . . . 30 minimumAsphalt Film Thickness. . . . . . . . . . 6 microns minimum Voids in the Mineral Aggregate. .13 percent minimum Air Voids in Compacted Mix. . . . . .3 - 5 percent Immersion Compression....... . . . . 85 percent minimum. Asphalt - AC graded asphalt cement (Section 702) shall be used for plant mix pavement unless otherwise approved. The grade of asphalt and asphalt content shall be approved by the District Materials Engineer after the contractor furnished source isselected. Antistrip - Antistrip concentrate additive (subsection 702.04) shall be used in plant mix pavement as approved. The antistrip content shall be approved by the District Materials Engineer after the contractor furnished source is selected. Tack Coat - SS-l dilute emulsified asphalt (Section 40l) shall be used for tack coat unless otherwise approved and shall be ' applied at a rate of 0.05 gaL/s. y. (residual) to all cold joints. CONSTRUCTION REQUIREMENTS Excavation (Section 205) - Material shall be removed ,from the utility trench as shown in the attached illustration. Excess material and material not suitable for use as backfill shall be removed from the job site and disposed of in an approved disposal area provided by the contractor or utility company. Excavated material meeting the quality requirements for backfill may be used for that purpose. Aggregate Backfill - Aggregate backfill (Section 205) shall be uniformly distributed in layers not to exceed 8 inches loose thickness and compacted prior to placing successive layers. ,,- Aggregate backfill shall be compacted to the following standards: For material with a maximum dry density of l20 pounds per cubic foot or less, 95 percent of standard density; foi material with a maximum dry .density greater than 120 pounds per .cUbic foot,100 percent of standard density. Backfill placed more than l2 inches below subgrade shall be compacted to 95 percent of standarddensity. Lean Concrete Backfill - Lean concrete backfill shall be placed in the trench so as to avoid"segregation of the mixture. Vibrating the mixture during placement, application of curing compound and special curing methods are not required. At the contractors option, the trench may be temporarily filled with lean concrete.backfill to the level of the adjacent SP - Trenching " Page 3 Rev. 09/24./97 area Maintenance Foreman shall be notified at least 48 hours in advance of starting work within the Highway Right-of-Way. Plant mix patching shall be completed within 24 hours after completing base course compaction. Trenches shall not be left open overnight unless proper traffic control and safety devices are in place. All testing and construction inspection shall be performed by a certified, commercial inspection laboratory at the expense of thecontractor. Copies of laboratory and compaction test results shall be submitted to the District Three Traffic Engineer upon completion of the project. The Permittee shall be responsible for any damages to ' the roadway and its appurtenances. The Permittee shall also be responsible for any defect in the roadway repair at the trench location for a period of two years. Maximum allowable settlement shall be 1/4 inch as measured with a 10 foot straight edge. DOCUMENT=TRAFFIC-C: \DTE\SPECPROV\rRENCH ~NEW ,-- SP - Trenching Page 5 Rev. 09/24/97 SUBJECT: Markers for Utility lines Because of problems in the past from Telephone Companies billing the State for telephone cable breaks caused by maintenance operations, all future permits for all utilities shall have a special provision item requiring markers at each Right of Way line for all crossings, and at 500' to 1000' intervals for utilities buried along the shoulder. Closer spacing should be used in urban areas. A plastic ribbon is required also in addition to the markers. should be installed at least one foot above the utility being marked. The plastic ribbon is not required on crossings where , the utility line is jacked under the roadway. SPECIAL PROVISIONS-TRAFFIC CONTROL The permittee (if ather than the cantractar daing the wark) shall pravide the cantractar a capy af this permit, camplete with special pravisians and trafficcantral requirements. The cantractar shall keep a capy af this permit, camplete with special pravisians and traffic cantrol requirements, at the wark site at all times when wark is in progress. Any wark invalving lane clasures ar lane restrictians is nat pennitted between 6:30 AM and 8:30 AM , nar between 4:00 PM and 6:00 PM an cammuter routes. All utility crossings afthe state highway shall be bared whenever passible. Special approval is ~equired for trenching. . . The minimum allowable traffic cantrol signing is attached. However, this is ' intended anly as a guide and daes nat relieve the permittee, utilitycampany, ar cantractor bfthe responsibility af supplying and implementing the use of , proper traffic cantral plans and devices for specific field canditians. Traffic cantral plans and devices shall camply with the requirements af the Manual ,,' an Unifarm Traffic Cantral Devices, latest editian. Traffic cantral plans shall be prepared by a Licensed Engineer recagnized by the State af IdahO'. All traffic contral devices, i.e. (drums, canes, tubular markers, barricades etc.) Shall be required to' have class "B" reflective sheeting ar battery aperated flashing warning lights. Minimum required specificatians are to' meet ar exceed Sectian VI afthe Manual afUnifarm Traffic Cantral Devices, latest editian. Appraval to' wark within the State Highway Right af Way daes nat relieve the permit holder fram abtaining cansent fram ar natifying private praperty awners ar City and Caunty agencies in the area affected by their wark. All flagging persannel shall have a current State af IdahO' flagging certificatian. , ---- W21-4B (SPECIAL) 13ViVN ;:VdrlOJ )I~OM A Ullln co. ~~. W~:-IB END UT1l1TY WORK G20-3 (SPECIAL) LTI LTI 11I --0- ---a- --0- -0- -- .---- --- PERMIT NO J 3-02-154 ..!L 0- 3 (SPECI 'END UTILITY WORK WORK AREA ...a... -C... ...a... W21-IB co. SIGN UTILIT Y WORK COUP ANY NAME W21-4B (SPE CtAl . ', ,.. "'"~~' \ J.; \ ~%\ \ ::t -, 'S-8" ~,,'?:-~ ..~ f ',;1;""f~//""o .~ """""""~"'G:t--\t\ ~:" , --'\ ~ J;'" ~, /-~~ -- \:' i" ,.....--' ,.... ..... 'Y'lo,~,~"d - \.:' """'V .7::7d.bIAf ~/'a ~.. ~r;;'96-"""O;:'E//-'OO'CPI SE-S;9-C.."'b'""'""l"""'~Jng-S!""r//- v\- - ~ \ ' $SI-OH, '; dO '-:JiI,O:1'ZI.r/M - ~ vWIr.-/o'OI/;tif) Glr60f ffN30f 8f9S;;;I:-:;;J~~,"t-m90/ "'vJ -;. 6l-I:" '"IIP/veo '/0'.1 "'fl EBNI/- CCrll!J , ' DO'WI ft , \ O!HZOI l/ II I 'h , \~ \ II j1~ \ 11 i ' \ 1 \'t LJ II -;. m 1, ;fi "% //- -;. ij If' \ -- IX ' , ~-- ft NO' I vrm 3! S'I2 ..---:- \ II-, uo.!,,!'1!ollViII "'- '-00 --1- ::'~::~~-,;- ' t~, - ..-..-::- ~ d,;' :' , 1~::.--- ..- -s=-- ';'-' .,J:;.:...-'";- - - :~'~S':la , ~ I '.~::~r:~' :' '" ::!;L i.: " :" . i;; t- - -- ,- - (c. ' :: :-...' "1-, FORM 2800- 'August 1985) Issuing Office Lower Snake River District Office UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY GRANT SERIAL NUMBER 101-33890 A right-of-way is hereby granted pursuant to Title V of the Federal Land Policy and Management Act of October 21, 1976 (90 Stat. 2776; 43 U.C. 1761). Nature of Interest: By this instrument, the holder: Power Development Assoc., LLC 1015 West Hays Boise 10 83702 receives a right to construct, operate, maintain, arid terminate a 138,kV transmission line and a 12" natural gas pipeline , on public la~ds described as .follows: ' . Boise Meridian, Idaho T. 3 S., R. 7 E., section 19: EY2SEY4NEY4, section 20: SY2NWY4NWY4, NY2SWY4NWY4, (as shown on the attached Exhibit A) The right-of-way or permit area granted herein is 10 and 20 feet wide, 244 and 990 feet long, respectively, and contains acres, more or less. This instrument shall terminate on , or years from its effective date unless, prior thereto, it is relinquished, abandoned, terminated, or modified pursuant to the terms and conditions of this instrument or of any applicable Federal law or regulation. At the discretion of the authorized officer this instrument may be renewed. If renewed the right-of-way or permit shall be subject to the regulations existing at the time of renewal and any other terms and conditions that the authorized officer deems necessary to protect the public interest. Notwithstanding the expiration of this instrument or any renewal thereof, early relinquishment, abandonment, or termination, the provisions of this instrument, to the extent applicable, shall continue in effect and shall be binding on the holder, its successors, or assigns, until they have fully satisfied the obligations and/or liabilities accruing herein before or on account of the expiration , or prior termination , of the grant. 'l.Rental: For and in consideration of the rights granted, the holder agrees to pay the Bureau of land Managementtair market value rental as determined by the authorized officer unless specifically exempted from such payment by regulation. Provided, however, that the rental may be adjusted by the authorized officer, whenever necessary, to reflect changes in the fair market rental value as determined by the application of sound business management principles, and so far as practicable and feasible, in accordance with comparable commercial practices. Terms and Conditions: 'd. This grant or permit is issued subject to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulations part 2800. Upon grant termination by the authorized officer, all improvements shall be removed from the public lands within 182 days, or otherwise disposed of as provided in paragraph (4 )(d) or as directed by the authorized officer. Each grant issued for a term of 20 years or more shall , at a minimum, be reviewed by the authorized officer at the end of the 20th year and at regular intervals thereafter not to exceed 10 years. Provided, however, that a right-of-way or permit granted herein may be reviewed at any time deemed necessary by the authorized officer. The stipulations, plans, maps, or designs set forth in ~t(s) A andj3. dated June 10.2003 attached hereto, are incorporated into and made a part ofthis grant instrument as fully and effectively as if they were set forth herein in their entirety. Failure of the holder to comply with applicable law or any provision ofthisright-of-way grant or permit shall constitute grounds for suspension or termination thereof. The holder shall perform all operations in a good and workmanlike manner so as to ensure protection of the environment and the health and safety of the public. IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions of this right-of-waygrant. , /i,Four Rive rs Field ManaQer (Ti ;6- (Date)(Effective Date of Grant) LEGEND 101-33890 Right-of-Way Map Subject 138 kv transmission line t-t t-f 1---1 Subject 1 2" gas pipeline Public Lands 'i,c;-Power plant location (Pvt Lands) . Main county roads --d!Y'""Water areas Map Not To Scale , n IN ')nm SPECIAL STIPULATIONS Power Development Associated, Inc. Natural Gas Power Project Right-of- Way Right-of-Way IDI-33890 EXHIBIT B IDI-33890 Page I of 4 JUN I 0 2003 1. The Holder s use herein is subject to all valid existing rights and shall notexcuse the Holder from obtaining any ad~itional approvals lawfully required by other Federal, state and local agencies. 2. There is reserved to the Secretary of Interior, or his lawful delegate, the right or grant additional easements or use for compatible uses on, over, under or adjacent to the land involved in this right-of-way. A non-exclusive use is being authorized with this grant. 3. The Holder shall conduct all construction, operation and use activities in a manner that will avoid or minimize degradation of air, land and water quality, Toxic or hazardous materials shall not be released polluting either air, land or water resources in violation of any ' , environmental laws, rules or regulations. All construction work and subsequent use shall be consistent with applicable Federal, state and local laws and regulations relating to safety, water quality, and public health. " 4. The Holder shall rehabilitate all disturbed areas as a result of his disturbance on this project by first smoothing to the original contour then seeding a seed mixture required by the authorized officer. The seed mixture required for all rehabilitation work on this project shall be harrowed after seeding which will consist of crested wheatgrass (5 lbs/ac.) and Siberian wheatgrass (3 Ibs/ac.). This rehabilitation and seeding should be completed from October I to no later than November 30th in the year activities occur. All rehabilitation shall be completed to the satisfaction of the authorized officer and successive plantings may be required if it is determined the rehabilitation was not successful. If the seeding is unsuccessful, additional plantings will be required until, in the judgement of the authorized officer, the planting has been established. 5. The Holder shall not use heavy equipment for construction or maintenance purposes during times of excessive precipitation, nor during spring thaw. Heavy equipment will be used only when soil is firm enough to support the equipment without leaving ruts of a depth of not to exceed 4 inches. 6. All construction, maintenance, or use activities shall be confined to the minimum area necessary and shall not exceed the right-of-way area granted herein. The exterior boundaries of the right-of-way shall be clearly flagged prior to any surface disturbing activity when construction occurs. EXHIBIT . IDI-33890 Page 2 of 4 JUN 1.20037. Holder shall protect all survey monuments, witness corners, and reference monument$ within this right-of-way, against disturbance during constructio~ operation, maintenance, and rehabilitation. If any monuments, corners or accessories are destroyed, obliterated or damaged during construction, operation or maintenance the Holder shall secure the services of a Registered Land Surveyor to restore the disturbed monuments comers or accessories at the same location, using surveying procedures found in the manual of Surveying Instructionsfor the Survey of the Public Lands of the United States, latest edition. The Holder shall record such survey in the appropriate county and shall send a copy to the Bureau of Land Management, authorized officer. 8. The Holder shall provide the authorized officer a copy of utility (power line and gas pipeline) construction survey maps as they cross public land, prior to work start~up. This survey map shall indicate the centerline of each facility and tied to the public land survey grid showing each 40 acre parcel of public land crossed and the boundary between public and private lands. The map shall show the Township and Range, Section together with a north arrow placed on each page submitted. 9. The total width of this right-of-way shall be 30' total measured beginning no .closer than 10' off the shoulder of the road. This equates to 20' for the pipeline and 10' for the powerline. construction map as delineated in Item 8 above shall be submitted to the authorized officer for approval prior to construction. 10. The Holder shall adhere to the State ofIdaho Dig-line Laws which require an applicant or his contractor to call (208)342-1585 a minimum of 48 hours prior to any digging work being done. 11. The Holder shall meet and maintain all requirements of Chevron Pipe Line Company together with Federal Department of Transportation regulations for utility constructed around. petroleum pipeline rights-of-way. 12. The Holder shall contact Chevron Pipe Line Company and present to them construction plans so Chevron Pipe Line Company can aid in the planning and construction process prior to the Holder entering the public land to perform any ground turning work. This notification must be to JoeN. Watts, Boise Area Team Leader. He may be reached at (208) 375-1463. Also, a Chevron Pipe Line Company representative must be on-the-job while work is being done on or near Chevron Pipe Line Company s right-of-way. 13. The Holder shall contact Northwest Pipeline (a Williams Company) for an encroachment permit where the project will interface their pipeline system. Someone from Northwest Pipeline must be on-site while work is being done within their right-of-way. 14. All buried lines crossing Chevron Pipe Line Company sright-of-way must cross at an angle of 450 or more. Equipment must cross pipelines only at approved crossing locations where the cover has been checked and determined adequate to meet bearing load requirements. EXHIBIT B IDI-33890 Page 3 of 4 JUN I 0 200315. Above ground power lines may not be above or closer than 30' horizontally to any es~ape vent, Le., relief valve, or station blow down vent. A minimum 30' vertical distance shall be maintained across the entire pipeline right-of-way. 16. way. No poles or appurtenances shall be located within ChevronPipe Line Company s right-of- 17. The Holder agrees to defend, indemnify, and hold harmless the United States against any liability arising from any activity within the right-of-way, including but not limited to the release of hazardous substances or hazardous waste. This agreement applies without regard to whether an action or release is caused by the Holder, its agent(s), or unrelated third parties 18. All waste caused by the Holder, his agents, or assigns shall be promptly removed ,and disposed of in an authorized disposal area. The term "waste" as used herein means all discarded matter including, but not limited to, human ,waste, trash, garbage, refuse, petroleum products ashes, rocks, vegetation, vehicles and equipment. Failure to comply with this requirement may be cause for trespass action to ensue to rectify and corrects such indiscretions. 19. The Holder shall do everything reasonably within its power and shall require its employees, agents, assignees, and contractors to do everything reasonable within their power both independently and upon request of the authorized officer to prevent and suppress fires on or near the lands to be occupied or on other nearby public lands that is adjacent to lands currently owned by the Holder. 20. The use of explosives is strictly prohibited, unless all safeguards and permits have been acquired for such use by the authorized officer. If the use of explosives are necessary and authorized, their use shall be such that will prevent damage to adjacent landscape features and property and will prevent the scattering of rocks and other debris outside the road prism. All such work shall be done by licensed professionals, approved by the authorized officer, that have experience in such work and that complies with permit requirements. The Holder may obtaIn such approvals by contacting the Four Rivers Field Manager at (208) 384-3430. 21. If it is deemed necessary by State of Idaho and Elmore County highway officials that road guards and flag men are necessary to protect the traveling public while construction is ongoing, the Holder, his agents, or contractors shall adhere to and abide by the requirements set out by these officials for such purposes. 22. Any cultural and/or paleontological resource (fossil(s) or historic or prehistoric site or object) discovered by the Holder, or any person working on his behalf, on public or Federal land shall be immediately reported to the authorized officer. Holder shall suspend all operations in the immediate area of such discovery until written authorization to proceed is issued by the authorized officer. An evaluation of the discovery will be made by the authorized officer to determine appropriate values. The Holder will be responsible for the cost of evaluation and any decision as to proper mitigation measures will be made by the authorized officer after consulting with the Holder. EXHIBIT B IDI-33890 Page 4 of 4 JUN I 0 200323. The Holder shall comply with the applicable Federal and state laws and regulations concerning the use of pesticides (i., insecticides, herbicides, fungicides, rodenticides, and other similar substances) in all activities/ operations under this grant. The permittee shall obtain from the authorized officer approval of a written plan prior to the use of such substances. The plan must provide the type and quantity of materialto be use; the pest, insect, fungus, etc., to be controlled; the method of application; the location of or storage and disposal of containers; and other information that the authorized officer may require. The plan should be submitted no later than December 1 of any calendar year that covers the proposed activities for the next fiscal year. Ifneed for emergency use of pesticides is identified, the use must be approved by the authorized officer. The use of substances on or near the permit shall be in accordance with the approved plan. A pesticides shall not be used if the Secretary of the Interior has prohibited its use. pesticide shall be used only in accordance with its registered uses and within other limitations the Secretary has imposed limitations. Pesticides shall not be stored on public lands authorized for use under this grant. 24. The Holder is responsible for the control of noxious weeds that results or would result from the construction or maintenance of their right-of-way. 'Before construction or maintenance equipment moving onto the right-of-way area, the equipment-shall pe cleaned off using power or high-pressure cleaning to remove all mud, dirt and plant parts. During the term of the grant, whenever known noxious weeds are observed along the right-of~way, the Holder shall spray such weeds with an herbicide approved by the county weed authorities. The spraying shall be done during recommended periods, using the prescribed type and quantities of spray recommended by the chemical manufacturer. The Holder shall follow the prescribed application methods required by state and local authorities. 25. This grant shall be subject to cancellation upon failure by the Holder to observe any conditions or terms required by this grant. The cancellation shall become effective as provided by 43 CFR ~2803.4 and the Holder shall quietly and peaceably deliver to the United States possession of the premises upon completion of such do process. 26. The Holder shall have all construction work completed within 1 year of grant issuance, at which time, the Holder shall file proof-of-construction unless this proof can be filed within 90 days of road's completion, whichever is sooner. Failure to construct as specified shall be grounds for termination. 27 The Holder shall notify the authorized officer of any change in name or address or any change in ownership of privately held property within the right-of-way within 30 days of such event. The purpose of such notification shall be to file with the authorized officer an application for assignment ofthis grant and/or to keep him informed of the official contact with the Holder of interest. **BUREAU OF LAND MANAGEMENT** LOWER SNAKE RIVER DISTRICT RENTAL CALCULATION SHEET Calculation date: 06/20/2003 Linear RIGHT OF WAY GRANT Rent for SERIAL # IDI-33890 POWER DEVELOPMENT ASSOC., LLC 1015 WEST HAYS BOISE ID 83702 Grant purpose is for an ELECTRIC LINE Rental rate for this use is $19.69 per acre per year RENTAL CALCULA TI ONS eng 2244.00 ft 990.00 ft Width 43560 10.00 ft 43560 20.00 ft 43560 TOTAL ACRES cres 0 .5~, Annual rent = rate/acre total acres Annual Rent $$$19. ate$$19.Acre 5 year rent is required because ,annual rent is less than $100.00 (43 CFR 2803.1-2 (a) ) Rent from 7/10/2003 to 12/31/2003 $$$19.10 6/12 months (Partial year rent = Annual rent X No. of Rent from 1/ 1/2004 to 12/31/2007 $$$19.10 4 years TOTAL RENT DUE THROUGH 12/31/2007 Less Previous Payment (s) **PAYMENT DUE** $$$ 9. months / 12) SSS76. $$$85. $$$85. For calculations the numbers are rounded to 2 decimal places. Information concerning these calculations is available by contacting the person listed below. Person responsible for these calculations is LORIS SCHMIT j, EPA rEP 1 entity the source by ant name, State, and ~IS code. rEP 2 'ter requested' .formation for the!signated presentative. . rEP 3 rterre!)uested .formation for thelemate designatedpresentative, ifIplicable. , , I'EP 4 . )mplete Step 5, read . e certifications, and. gn and date. For a tsignated. representa-,e of a coml:)ustioh or . 'OCesssouree under 40 FR part 74, the refer- . Ices in the certifications . " affected unit" oriffectedunits" also .)ply to tl1e combustion. ~rocess source under . CFR part 74 and the,ferencesto "affected)uree" also apply-to. . esoutce at WfliCh the)mbustion or process. )urce is located. ' .;,.-- ' United States . - Environmental Protection AgencyAcid Rain Program . OMB No. 2060-0258 Certificate of Representation Page 1 For more information, see instructions and refer to 40 CFR 72, This submission is: New Revised (revised-submissions must be completed in full; see instructions) This submission includes combustion or proCess sources under 40 CFR part 55733 Plant Name Mountain Home Energy Project ~tate PRIS Code ame Rbbert Looper ddress Power Deve opmen 1015 West Hays Bois~, . ID 83702' ASSOc1ates, LLC 331-'1898 axNumber 208-343-1218 rlooper~micron_net ax Number - I certify that I was selected as the designated re~sent8tive or altem~e designated reP!!9S6ntatlve as apprK:able, by im . , agreement binding on the owners andopel1itors of the affected source and each afJ~ed unit at the source that!have given notice ofthel!9reement. selecting me as the 'dEsignated representative' forthe affected source and each 8ffected Imit at ttIe source Identified In this certilicateOf ~resentatior\, In a ~~ of general circulation In the area where the source is located or In a State publicat~n designed to give general puIJrlC notice, ' . " , c;E!I1Ify tti8t I have al nei:essaty authority to carry out my duties and res!)OnsibBities under the Acid Rain Program on behalfof the ownerS and ~rators of tile affeded source and of each affecteit unit at the source end that each sUCh ownerand operator shaD be fully bound by my actlons,lnactlons, or submissions. ' " '- - certify that I shaRabldebv a~fiduclaty responslJliIIes iiIposed ~the agreernentbywhlch was sel8cted as designated' representat~e or altemale' slgnate(l representative: asappliCabiEl. ' ," , ' I certify that the ownerS and QPerators of the a~ source 800 of each affeCted unit at the source shall be bound by any , orderl,SSued to me by the Administrator, the permltlingauthority, ora court regarding the source or UI1it. .' -- .--- -- ,- - -:- - :. , w1erethera are mUitiple holders of a leasl or equitable title to, or a ieasehold interest in, an atrectecl unit, or where a~ or industrial customer purchases poWer1rom an ,affected unit under Iife-of-the-unit, firm power contractUal arrangements, certify that" , ,, ," ", ' I haVe given a written notice of my selecllon as the designated ~ntBtive or alternate desjgnated rejnsentat;.re as applICable, and of,the ~ which I was selected to each owner and operator ofttie litrected source ana of eaCh affe~ unit at SOlJrc8,.oo , , - " , " , " AlloWances and the proceeds of tr:&nsactionslnv()lving allowances wil be deemed to be held or distributed In pl'C!PO.rtIontoeach hoIder's leQa~ equitable leasehokl orcontraclualreservatlon orentitlement or,lfsuchmullklle ' " hoJ(fers have e~Jy proVld8d for a different distiibuUon of aDowances by contract, that allciwancesand the proc:eec:l!i of~nsactioi1S 1i1V~ng al~a,:,ces win be deemed to be, held or distributed in accordance with the ' ,' , contract ' , , ' " ' , " ', , ., ,- , The agreemenl by Which 1w8s$SledeciasthealematedesignSted represe~:If=cabIf! i1cIucIeS a prOcedur8forlt1e ' " ' , ~~~of~~::rer;:ere:e~lII1ftsat sourceto ~~nzethe a .rnatedes~~lepesentatIveto , - -' ,- - \ Form 7510-1 irev0 98: rirevious versions obsoielA\ - - EP5 ovide the name of :ery owner andlerator of the sourceId identifJ e8chfected unit (orImbustionor process IlIrce) they own d/or operate. ' -- .;- . Mountain Home Enetgy proj ect- Plant Narne (from Step 1) , Certificate.- Page 2 " Pag~ GJ of IiJ I am authorized to make this submission on behalf of the owners and operators ofthe affected source or affected unKs forwhich the submission is made. I certif)' under penalty of law that I have personally examined, and am fami6arwith, thestatements and infonnation submitted in this document and aD its attachmentso Base(! on my inqul!y afthose individuals wIhprimary responsibility for obtaining the information, I certify that the statements and information are to the best of knowledge and belief true, accurate, and complete, I am aware that there are significant penalties for submitting false statements and i ation or omitting required tatements and information, jnduding the possibility affine or imprisonment ignature(alternate designated representative) Name Power Development Associates, LLC ~Owner , Operator 10#ID# 03ID# 02 10#ID#10#ID# 10#ID#10#ID#10# ID#10# Name OWner 0 Op~r8tor . . 10#10#10#10#10# -10#ID# 10#ID# 10#10#10#10#ID# Name Owner Operator 10#ID#ID#ID#"10#10#ID# 10#10# -" - 10#10#10#-JO#10# Name DOWner"operator. ID#ID#10#10#10# ' - 10#10# ID#ID#10#ID#JD#iDIJ-10# - --- - ~Form 7610.:1 (rev, 4-98: mvlous versions obsolete\ "";, &EPA. Acid Rai n' Program Instructions for Phase IIPermit Application , (40 CFR 72.30- 72.31) Please type or print. The alternate designated representative may sign in lieu of the designated representative. assistance is needed, contact the title V permitting authority, STEP 1 Use the plant name and ORIS Code listed on the Certificate of Representation for the plant. An ORIS code isa 4 digit number assi9ned by the Energy Information Agency (EIA) at the UoS. Department of Energy to PQwerplants owned by utilitieso If the plant is not owned by a utility 5u\has a 5 diQit facility code (also assigned by EIA), :use the facility code. If no code has been assigned or if there Is uncertamtyrE!garding what the code number. is, contact EJA at(202) 426~1234 (for ORIS codes), or (202) 426-1269 (for facIlity codes). " ....- STEP 2 For column a; identify each affected unit at the affected source by providing the appropriate unit Identifi~tionnumbersJ consistent with the unit identification numbers entered onthe Certificate of Representation, with unitidentificadon numbers listed in NADB (foruni\s that commenced operation prior to 1993), and with unitidentification numbers used in;reporting to DOE and/or EIA. For new units without Identification numbersowners and operators mID' assign suct; numbers consistent with EIA and DOE requirements; NADB is theNatiom:il Allowance Data Base for the Acid Rain Program. and can be downloaded from the Acid Rain Program Website at "Wwwoepaogov/acidrain/"or ol;Jtained on disket!e bY. calling the ACid Rain liotllrie. This data file is in~Ba~e format for-use on an IBM-compatible PC and reqUIres, 2 megabytes of hard dnve memory. For column .c; enter .yes" only if a repowering technology petition has been approved for the unit by U.I::PA, ,an initial repowering extension plan was approved by "the title V permitting authority, and activated by. thedesignated representative, and a repowering extension plan renewing the onginal repowering extension pla has been Included with the current acid rain perinit application for that unit. . . - . For columns "d" and "" enter the commence operatiol)d~t~(~) and monitor certitlcaticm deaciline(s) for, newunits In accordance Wit~ ~O. CFR 75.4. .If tl'!e commenceoperation date or ni9nltor certification dat~ qhanges after the P-hase 11 permit IS Issued, the designated representative must submlta request for anadmlnlstrafivepermit amendment under 40 CFR 72.830 . . . ,." .. . Submission Deadlines For new units, an initial Phase II permit application must be submitted to the title v.permitliJ)g authority at least ~4 monthsbefore the later of January 1, 2000 or the date the unit commences operation. Phase II acid rain renewal applicationsmust be. submitted at least 6 months in advance of the ex~iration ofthe acid rain portion of a title V permit, or such.longertime as provided for under the title V permitting authority s operating permits regulation" . . . ;; . Submission lnstructions , Submit this formand 1 copy to the ap'propriai~ title V air permitting authority~ It yo~have questions regarding this form . , contact your local, State, or-EPA Regional acid rain contact, or call EPNsAcid Rain Hotline at (202) 564-9620. ' Paperwork Burden Estimate - - The burden on the public for cOllecting and reporting Information urwer this request Is estimated at 17 hours per response. Sendcomments regarding this collection of Information, indudl!1Qsuggestions for reducing the burden, to: Chief, Information Policy Branch (2136), U.S, Environmental Protection Agency, 401 M Street, SW, Washington, D.C, 20460; and to: PapelWork Reduction ProJl:icl (OMB#2060-0258), Office of Information and Regulatory Affairs, Office of Management and Budget, Washington. D.C, 20503. Do not submit forms .to these addresses; see the submission InsfrucUons - -- - - . - . above. ' .- -- - &EPA rEf 1 entity the source by alit name, State, and~IS code. 'STEP 2 :nter the lIOIt ID#or each affected , . Inlt, ..and Indi~ate,helher a unit is . 'eln r~powere~ e repowermran sing renewe IY ~flt'nngo "yes" OJfio at corumn c. . For Iew units enter th~equested' information.n cQI\lmns dand e. . EP 3 ' " , 1eck the. box rihe . i . . ,-onse mco umn c ~- -= . :r ~~~ ~Jft ~'Y~s" . . ,PA Forni 7610.:16 (rev~ 4-98) - . -- - - United States Environmental Protection Agency . Acid Rain Program OMB No. 2060-0258 . Phase II Permit Application Page 1 For more Information, see instructions and refer to 40 CFR72.30 and 72. This submission is: ED New Revised Piant Name state Mol1ntr!; n Romp F.nprQY proj PC"t I~R~l1; . Compliance Plan . b d - Urn ID#Repoweririg Plan New Units New Units .Unit WiB Hold Allow- ances inAccordance with 40 CFR . 7209(c)(1)Commence - Operation Date . Monitor Certification. DeadDne Yes 9/1/2002 Ves fJj1/2002 Yes 9/1/200:2 Yes 9/; 12002 Yes Yes Yes Yes Ves . Yes -. - . Ves . Yes - ----- - -0 FOr each unit that is being repowered. the Repowering EXtenSion Plan f orm's lnC/uded rEP 4 ~ad the standardquirements and!I'tification, entere name of the !signated repre-!ntAtlve, and signId date ! ,, ,- -- - :PAForm 7610-16 (fev. 4-98) Phase II Penni!. Page . . Mountain Home- Energy Project Plant Name (from Step 1) Standard Requirements PennitReauirements (1) The designated representative of each affected source and each affected unit at the source shail:(i) Submit a complete Acid Rain permit application (including a compliance pian) under 40 CFR part 72 in accordance with the deadlines specified in 40 CFR 72.30; and(II) Submit in a timely manner any supplemental information that the pennitting authority detennines is necessary In order to review an Acid Rain pennlt application and issue or denY. an Acid Rain p'ennit;(2) The owners and operators of each affected source and each affected unit at the source shall: (I) Operate the unit In compliance with a complete Acid Rain permit application or a superseding Acid Rainpermit Issued by the permitting authority; and (II) Have an Acid Rain Permit. Monltorino Reauirements (1) The owners andoperators and, to ttie extent applicable, designated representative of each affected source and each affected unit at the source shall comply with the monltonng requirements as provided In 40CF~rt15. . . -. . (2) The emissions measurements recorded and reported in accordance- witH 40 CFR part 75 shall be usedto . determine compliaAce by.the unit with the Acid Rain emissions limitations and emissionS reduction. requirements for sulfur dioxide and nitroQen oxides under the Add Rain Program. - - . (3) The requirements of 40 CFR part 75" shal.lnotaffect the responsibility of the oWners and operators tomonitor emissions of other pollutants or other emissions characteristics at the unit under other applicable . requirements of the Act and other provislons, of the operating permit for the s ourceo - - . - . Sulfur Dioxide ReaUirements (1) The oWners and operators of. each source and each affectedonlt at the source shall: . . (i) Hold allowances, as oflhe allowance tranSfer deadline, In the unit's -compliance subaccount (afterdeductions under 40 CFR .73.34(c)) not Il!'ss than the total annual emissions of sl!lfur dioxide for the reviOUS calendar .year from the _unlto and . .. - , iI) Comply with lheappllcable Acid Rain emissions limitations for sulfur dioxide, . . (2) ach ton of sulfur dioxide emitted in excess of the Acid Rain emissions limitations for sulfur dioxide shallconstitute a separate violation of the Act, . " '. , .. '.. . - (3) An affected unit shaff be $ubject to 'the requirements under paragraph (1) of the sulfur dioxide . - requirements as follows: . - . - ' -- . (1) Starling January 1, 2000, an affected unit-under 40 CFR 7206(a)(2); or . " (II) Starling on the later of January 1, 2000 or the deadline for monitor certification under 40 CFR part 15,an affecteCl unit under 40 CF.R 72,6(a)(3), ' . .. .. . (4) Allowances ;shall be h!!Id In, deducted from, 'C!r transferred among Allowance Tracking System accountsrn accordance with the Add Rain Program. . - (5\ An allowance shall not be ~educted In ord~r to comply with the requirements u!lder paragraph (1) of thesulfur dioxide requirements poor to the calendar year for which the allowance was allocated, . (6) An allowance allocated by the Administrator unClerthe Acid Rain Program Isa limited authorization toemit.sulfur dioxide In accordance with the Add Rain Program, No provision. of the Add Rain Program, the AcidRain permit application, the Acid Rain pennit, or an exemption under 40 CFR 12,72.8, or 72,14 and noprovision of law shall.be construed to limit the authority of the United States totenninate or limit suchauthorization, , .. .. ... (1) An allowance allocated by ltie Administrator under the Acid Rain Program does not constitute a property.FIght. . .. .- - Nitroaen ~ides Reau~, The owners and operators of the source and each affected unit at the. source sha comply WIth the applicable Acid Rain emissions limitation for nitrogen oxides. Exc:ess EmissionsReauirem~nts , .. .. .. .. ~ (1) The designated representative of an affected unit that has excess emissions In any calendar year shaff submit a proposed offset plan, as required under 40 CFR part 770 ' .(2) The owners and operators of an affected unit that has excess emissions In any calendar year shall: (I) Pay wlthout- demand the penalty required, and pay upon demand the Interest on th~t penalty, as. required by 40 CFRpart 77; and . .. . .. .' . (II) Comply with the terms of an approved offset plan~ as required by 40 CFR part 11; . . Recordk~eDlna and Reooiuna Reaulrenientso . (1) Unless otherwise provided, the owners and operators of the source and each affected unit at the source shall keep on site at the source each of the following documents for a perl9d of 5 years from the date the document Is created, . Th15 period may be extended for cause, at any time pnor to tlie end of 5 Years, Inwriting by the Administrator or permitting. . . ... .. - . . 'Q~~ certificate of representation forthe d~slgnated rep~esentativef~rthe source and each affected unit et the source and all documents that demonstrate the truth of the statements Inthe-certlficate of .representation, in accordance with 40 CFR 72:24; provided that the certificate and documents shall be retained on site at the source beyond such 5-year period until- such documents are superseded becauseof ttie subm!sslon of ~ n~w certificate of representation qhanglng the. designated representaUv~; . (IQ All emissIOns monitoring Information, In accordance with 40 CFR part 15, provided that to the extent.that 40 CF~ part 75 provides fora 3-year period for recordkeeplng, the 3-year period shall apply. . (16) Copies of all reports, cOmpliance certifications, and other submissions and all records made or. reQuired under the Acid Rain Program; and, .. - . . . . . (tv, Copj~ of all docu(J1ents useato complete an Add Rain permit application and any other submissionunder the ACid Rain Program ono demonstrate compliance with the .r!3quirements of the Add RainProgram, . . . -- . 'PA Form 761~16(rev. 4-98) (2) The designated representative of an affected source and each affected unit at the source shallsl,lbmit . the reports and compliance certifications required under the Acid Rain Program, Including those under 40 CFR part 72 subpart I and 40 CFR part 75. Phase II Penni! - Page Mountain Home Energy Project Plant Name (from Step 1) , ! Liabilitv (1) Any person who knowingly violates any requirement or prohibiUon of the Acid Rain Program, a complete Acid Rain permit application, ari Acid Rain permit, or an exemption under 40 CFR 72,72., or 72,14, includingany requirement for the payment of any penally owed to the United States, shall be subject to enforcementpursuant to section 113(c) of the Act. . . (2) Any person who knowingly makes a false, material statement in any record, submission, orreport under the Acid Rain Program shall be subject to criminal enforcement pursuant to section 113(c), of the Act and 181oo1. . . (3) No permit revision shall excuse any violation of the requirements of the Acid Rain Program that occurs prior to the date that the revision takes effect. (4) Each affected- source and each affected unit shall meet the requirements of the Acid Rain Program.(5) Any provision of the Acid ijain Program that applies to an affected source (Including a provision applicable to the _designated representative of an affected source) shall also app1y to the owners andoperators of such source and of the affected units at the- sourceo . . (6) Any provision of the Acid Rain Program that applies to an affected unit (Including a provision applicableto the designated representative of an affected unit) shall also apply to the owners and operators of such unit Except as provided under 40 CFR 72.44 (Phase II repowerlng eXtension plans) and 40 CFR 76.11 (NO. .averaging plans), and except with regard to the requirements applicable to units with a common stack under - 40 CFR part 75 (Including 40 CFR 75,16,75.17, and 75.18), the owners and operators and the designatedrepresentative of one affected unit shall-not be liable for any violation by any other affected unit 1)f whichthey are not owners or operators or the desi9riated representative and that Is located- at a source of whichthe)' are nqt o~ners or operC!tors or the designated rEMJresentatlve~. - - . (7) Each Vlotation of a provIsion of 40 CFR pa~ 72, 73, 74, 75, 76~ 77; and 78 by an affected source or affected unit, or by an owner or operator or designated representative of-such source or unit, shall be aseparate violation of the Acto Effeclmi..Qther Authorities 0 No provision of the Acid Rain Program, an Acid Rain permit application, an Acid~on under 40CFR 72., 12.8, or 72.14 shall be construed as: (1) Except as expressly p':ovlded In Warv of the Act, exempting or excluding the owners and operators and, (0 the extent applicable, the designated representative _of an affected source or affected unit from - compliance with any other provision of the Act, Including the provisions of title I of the Act relating to applicable National Ambient Air Quality Standards or State Implementation Plans; - - (2) Limiting the number of allowances a unit can hold; provided that the number of aliowances h~ld by theunit shall not affect the source s obligation to comply with any other provisions of the Act; . -- (3) Requiring a C!'1ange dany kind in any Stat~ law regulating electric UtIlity rates a~d charges, affecting any- State law regardlng.lfuch State regulation, or hmltlngsuch State regula~on, including any prudence reviewrequirements under such State law; . . . (4) Modify.!ngthe Federal P6wer Act or affecting the authority ofthe Federal Energy Regulatory Commission under the Federal Powe.r Act; or, - .. . .. . (5) Interfering with or Impairing any program for competitive bidding for power supply In a State In which .such program is established. . . .. . Certification I am authorized to make this submission on behalf of the owners and operators of the affeCted source oraffected units for which the submission Is made. I certify under penalty of law that I have personallyexamined, and am famRiar wlth,the statements and information submitted in this document and all ItSattactvl1!'1ntso Based on my Inquiry of those Individuals with primary responsibility, for obtaining theInformation, I certify that the statements and Information are to ttle best of my knowie(lge and belief true,accurate, arid complete. I am aware that there are ~Ignifjcant penalties for subm~ng false statements andInformation or omitting required statements and information, Including the possibility of fine or imprisonment. - ' TT A CHMENT TO RESPO NSE TO REQUEST NO. 56 D&B Comprehensive Report: SIEMENS CORPORA nON Decide with Confidence To save report(s) to your PC click here for instructions Page 1 of Comprehensive Report Print this Report Copyright 2003 Dun & Bradstreet - Provided under contract for the exclusive use of subscriber 086001485L Overview ATTN: Credit Report Printed: OCT 24 2003 ~. eoMe-Y\S, Moo cl'1 t;;BUSINESS SUMMARY VL~kJ' d s &11- I ii C v-r ~ ;1q 3 SIEMENS CORPORATION (FOREIGN PARENT IS SIEMENS AG, MUNICH GERMANY. 153 East 53rd St 56th FI New York, NY 10022 D&B's Credit Limit Recommendation How much credit should you extend?Learn More f. View Now Payment Trends Profile Payment trends and industry benchmarks Jump to Payment Trends D&B D-U-N-S Number:06-499-5533 This is a headquarters (subsidiary) location. Branch( es) or division(s) exist. Web site: Credit Score Class: High risk of severe payment delinquency over next 12 monthswww.usa,siemens.com KLAUS KLEIN FIELD, PRES-CEO High ,'" Telephone: 212 258-4000 Chief executive: Year started: Employs: History: SIC: Line business: PSIUSlvl Moderate Low w' 1954 Financial Stress Class: Moderate risk of severe financial stress over the next 12 months 000 (300 here)High ~W+T- CLEAR 3612 3844 3661 3641 3357 ModeratE!'Low --t 12-Month D&B PAYDEX(ID: When weighted by dollar amount, payments to suppliers average 18 days beyond terms, Mfg electrical & diagnostic equip, electronic communications equip, electronic components, postal automation 120 days SiO'N PIompt ARtlclpates D&B Rating: EXECUTIVE SUMMARY 100 30dayssJow https://www.dnbocom/delivery/35/352412/352412.COMHQ.1163.3244453543 ,tngoprinth... 10/2412003 D&B Comprehensive Report: SIEMENS CORPORA nON Page 2 of The Financial Stress Class of 3 for this company shows that during the previous year, firms with this classification had a failure rate of 3.73% (373 per 10 000), which is 2.66 times higher than the national average. The Credit Score class of 5 for this company shows that during the previous year, 58.6% of the firms with this classification paid one or more bills severely delinquent, which is 3.43 times higher than the national average, Predictive Scores Financial Stress Class Financial Stress Score Credit Score Class Other Key Indicators PAYDEX Scores Industry Median Present management control UCC Filings Public Filings History Special Events CREDIT CAPACITY SUMMARY D&B Rating:-- This Business Comments Failure Rate higher than the national average. Highest Risk: 1 001; Lowest Risk: 1 850 Probability of Severely Delinquent Payment is higher than the national average 1352 18 days beyond terms Pays more slowly than the average for its industry of 12 days beyond terms 12 days beyond terms 49 years UCC filing(s) are reported for this business No record of open Suites), Lien(s), or Judgment(s) in the D&B database Is clear Are reported for this business The blank rating symbol should not be interpreted as indicating that credit should be denied. It simply means that the information available to D&B does not permit us to classify the company within our rating key and that further enquiry should be made before reaching a decision. Some reasons for using a "" symbol include: deficit net worth bankruptcy proceedings, insufficient payment information , or incomplete history information. For more information, see the D&B Rating Key. of Employees Total: SPECIAL EVENTS 000 (300 here)Payment Activity: (based on 250 experiences) Average High Credit: Highest Credit: Total Highest Credit: 620 $400,000 223,550 10/07/2003 ANNOUNCED OFFICER CHANGE: According to published reports, Siemens Corporation has named Jan D Dressel, vice president and chief information officer, effective November 1, 2003. Dressel who has worked for Siemens for more than 20 years served as vice president and chief information officer for Siemens Asia Pacific inSingapore. Jump to: Overview Payments Scores ri3W1!USIVI Public Filings History & Operations Banking & Finance https://www.dnb.comldelivery/35/352412/3 524120COMHQ.1163.3244453543 .tng.printh.., 10/24/2003 - D&B Comprehensive Report: SIEMENS CORPORATION Page 3 of FINANCIAL STRESS SUMMARY The Financial Stress Summary Model predicts the likelihood of a firm ceasing business without paying all creditors in full, or reorganization or obtaining relief from creditors under state/federal law over the next 12 months. Scores were calculated using a statistically valid model derived from D&B's extensive data files. High ~w.iH' ~ "' Moderate risk of severe financial stress, such as a bankruptcy, over the next 12 months. Moderate LO\". Financial Stress Class: Incidence of Financial Stress Among Businesses with this Classification: National Average 73% (373 per 10,000) 1.40% (140 per 10 000) Financial Stress National Percentile: 10 (Highest Risk: 1; Lowest Risk: 100) Financial Stress Score: 1352 (Highest Risk: 1 001; Lowest Risk: 1 850) The Financial Stress Class of this business is based on the following factors: . Payment experiences exist for this firm which are greater than 60 days past due. . 47% of trade experiences indicate slow payment(s) are present. . No record of open suites), lien(s), or judgement(s) in the D&B files. Control age or date entered in D&B files indicates lower risk, Notes: . The Financial Stress Class indicates that this firm shares some of the same business and financial characteristics of other companies with this classification. It does not mean the firm will necessarily experience financial stress. . The Incidence of Financial Stress shows the percentage of firms in a given Class that discontinued operations over the past year with loss to creditors. The Incidence of Financial Stress - National Average represents the national failure rate and is provided for comparative purposes. . The Financial Stress National Percentile reflects the relative ranking of a company among all scorable companies in D&B's file, . The Financial Stress Score offers a more precise measure of the level of risk than the Class and Percentile. It is especially helpful to customers using a scorecard approach to determining overall business performance. All Financial Stress Class, Percentile, Score and Incidence statistics are based on 2002. Norms National % This Business Region: MIDDLE ATLANTIC Industry : :MANUFACTURING Employee Range: 500+ Years in Business: 26+ https://www.dnb.comidelivery/35/352412/3524120 COMHQ.1163.3244453543 ,tng.printh,.o 10/2412003 , D&B Comprehensive Report: SIEMENS CORPORATION Page 4 of 20 I--~""_~_".m_.m~,w"'--Ffn'~in~dai"'s tresS tfo-rmsC-m p risonm(%r-~....."-~100 .-.. 80 ,- : G.I i ~ ,~ _m"_- This Business Region Industry Employee Years inRange Business Region=MIDDLE Al1.ANl1C Industry = MANUFACTURING Employee Range=500+Years in Business=21i+ ----------_._-,------ This business has a Financial Stress Percentile that shows: Higher risk than other companies in the same region, Higher risk than other companies in the same industry. Higher risk than other companies in the same employee size range. Higher risk than other companies with a comparable number of years in business. CREDIT SCORE CLASS SUMMARY The Credit Score class predicts the likelihood of a firm paying in a severely delinquent manner (90+ Days Past Terms) over the next twelve months. It was calculated using statistically valid models and the most recent payment information in D&B's files. High Moderate Low Credit Score Class: 5 ~dM"' .. .. High risk of severe payment delinquency over next 12 months. Incidence of Delinquent Payment Among Companies with this Classification: 58.60% Credit Score Percentile: (Highest Risk: 1; Lowest Risk: 100) The Credit Score Class of this business is based on the following factors: . Payment experiences exist for this firm which are greater than 60 days past due. . 47% of trade experiences indicate slow payment(s) are present. Control age or date entered in D&B files indicates lower risk. . No record of open suites), lien(s), or judgments(s) in the D&B files. . Payment information indicates negative payment comments. Business does not own facilities, Notes: . The Incidence of Delinquent Payment is the percentage of companies with this classification that were https:/ /www.dnbocomJdelivery/35/352412/352412,COMHQ.1163 ,3244453543.tng,printh,.. 10/2412003 D&B Comprehensive Report: SIEMENS CORPORATION Page 5 of reported 90 days past due or more by creditors. The calculation of this value is based on an inquiry weighted sample. . The Percentile ranks this firm relative to other businesses. For example, a firm in the 80th percentile has a lower risk of paying in a severely delinquent manner than 79% of all scorable companies in D&B's files. Crediisco reND rmsCDm'parlson(%)---_O ! Norms National %100 !~ ,- This Business :.;:: Region: MIDDLE ATLANTIC Industry: MANUFACTURING Employee Range: 500+ Years in Business: 26+ This Business Region Indusby Employee Years Range Business Region=MIDDLE AT1.ANTICIndusby = MANUFACTURING Employee Range=500+Years in Business=26+ ""---""""---"---'_W"---"--,_w,-__w"""mw"ww_,"-"","""""m"_'__"-,---"~----,-""",-W ",""""","""",,-,,-, ..1 This business has a Credit Score Percentile that shows: . Higher risk than other companies in the same region, . Higher risk than other companies in the same industry, Higher risk than other companies in the same employee size range. Higher risk than other companies with a comparable number of years in business. Jump to: Overview Scores Public Filings History & Operations Bankinq & Finance Payments 0P.MUSlVI PAYMENT TRENDS Total Payment Experiences in D&B' File: 250 Total Placed For Collection: Current PAYDEX is:equal to 18 days beyond terms Industry Median is:equal to 12 days beyond terms Payment Trend unchanged,currently is:compared to payments three months ago Payments Within Terms: (not dollar weighted) 64% Average Highest Credit:620 Largest High Credit:$400 000 Indications of slowness can be the result of dispute over merchandise, skipped invoices, etc, Accounts are sometimes placed for collection even though the existence or amount of the debt is disputed.Highest Now Owing:$200 000 Highest Past Due:$95 000 https:/ /wwwodnb.comldelivery/35/352412/352412.COMHQ,l163 ,3244453543. tng.printh,oo 10/2412003 D&B Comprehensive Report: SIEMENS CORPORATION Page 6 of PAYDEX Scores Shows the D&B PAYDEX scores as calculated on the most recent 3 months and 12 months of payment experiences. The D&B PAYDEX is a unique, dollar weighted indicator of payment performance based on up to payment experiences as reported to D&B by trade references. A detailed explanation of how to read and interpret PAYDEX scores can be found at the end of this report. 3-Month D&B PAYDEX: When weighted by dollar amount, payments to suppliers average 15 days beyond terms. 12-Month D&B PAYDEX: When weighted by dollar amount, payments to suppliers average 18 days beyond terms. 120 days st-ow 100 100 120 days sio'N 30 days .slow PWl11pt Ant1clpatss301:lays slow Prompt Anticipates Based on payments collected over last 3 months.Based on payments collected over last 12 months. PAYDEX Yearly Trend 12 Month PAYDEX Scores Comparison to Industry ----- -------- -- m_ _____-...-------------- ---- _m - ------- _mmmm ...---------------_-__m__ ____---------------____ ---_mm__m--------_--m_--- - ------ ------...-------------______ 11/02: 12/02 11/03:2/0313/0314/0315/03 6/0317/03:8/0319/0310/03\ ;This Business 67 67 ' 68 68 67 ' 66 65 65 ' 66 65 66 67 --- Industry Quartiles IUpper IMedianlower,-...__.~_m____.___--m______---- 75 75 75 71 i 71 71 ------- ..._~~._~_~ ~__mm_mJ......~~m.m...~___m_m__ j._ ~~-_.---_..--..__m.. ~~~ Shows the trend in D&B PAYDEX scoring over the past 12 months. 100 PAYDEX ....a Nov-Dec-Jan-Feb-Mar-Apr-May-Jun-Jul-Aug-Sep-Oct- Last 12 Months Based on payments collected over the last 12 months. - Current PAYDEX for this Business is 67, or equal to 18 days beyond terms https:/ /www.dnb.com/delivery/35/352412/352412.COMHQ,l163.3244453543, tng,printh.,. 10/2412003 D&B Comprehensive Report: SIEMENS CORPORATION Page 7 of - The 12-month high is or equal to 17 days beyond terms - The 12-month low is or equal to 19 days beyond terms PAYDEX Comparison to Industry Shows PAYDEX scores of this Business compared to the Primary Industry from each of the last four quarters, The Primary Industry is Mfg electrical & diagnostic equip, electronic communications equip, electronic components postal automation, based on SIC code 3612. Quarterly PAYDEX Scores Comparison to Industry This Business This Business Industry Quartiles Industry Quartiles Upper Upper Median Median Lower Lower 100 PAYDEX ~:--- ~;:f ~: -----:, J:-l """'-_~'_,"'mm'm'm_-T~~-"-""- __m_- m- -_'_~'~m_'--'m'- I~-'~_m- ,m, m m____m___~--' -, - m'",- mmmm'm"'_m"m~_____--"-,-,, I ~ ",____m_m_m Q4 2002 Q1 2003 Q2 2003 Q3 2003 Last 12 Months Based on payments collected over the last 4 quarters. Score Comparison Key:r::- This Business .. Industry upper quartile Industry median Industry lower quartile - Current PAYDEX for this Business is or equal to 18 days beyond terms - The present industry median score is 72 or equal to 12 days beyond terms. - Industry upper quartile represents the performance of the payers in the 75th percentile - Industry lower quartile represents the performance of the payers in the 25th percentile Payment Habits For all payment experiences within a given amount of credit extended, shows the percent that this Business paidwithin terms. Provides number of experiences used to calculate the percentage, and the total dollar value of the credit extended, https:/ /www.dnbocom/delivery/35/352412/352412.COMHQ.11630 32444535430tng,printh... 10/24/2003 D&B Comprehensive Report: SIEMENS CORPORA nON $ Credit Extended roo' Over 100,000 50,000-100,000 I 15,000"49,999 000-14,999 I 1, 000-4,999 Under 1 000 Page 8 of 20 of Payments Within Terms # Payment Experiences $ Total Dollar Amount ':-cO' ' - c..o 000,000 $255,000 $540,000 $277 ,500 $91,500 107 $29,450 1~'m~Tw~r--l 100% . I 50% Based on payments collected over the last 12 months. Payment experiences reflect how bills are met in relation to the terms granted. In some instances, payment beyond terms can be the result of disputes over merchandise, skipped invoices, etc. PAYMENT SUMMARY The Payment Summary section reflects payment information in D&B's file as of the date of this report. There are 250 payment experiences in D&B's file for the most recent 12 months, with 132 experiences reported during the last three month period. Below is an overview of the company s dollar-weighted payments, segmented by its suppliers' primary industries: Days Slow oe:::31 31-60 61-90 90::- Top industries: Nonclassified 164 000 000 Telephone communictns 500 000 Trucking non-local 15,100 10,000 Who I electrical equip 90,550 30,000 Who I electronic parts 458 750 400 000 Radiotelephone commun 400 500 Whol computers/softwr 59,050 000 Whol industrial suppl 400 000 Help supply service 000 10,000 Short-trm busn credit 250 500 Mfg photograph equip 123,500 100,000 Arrange cargo transpt 103 050 100,000 Mfg electric test prd 500 000 Misc equipment rental 750 500 Air courier service 700 000 Whol industrial equip 100 750 Misc general gov 750 750 100 Mfg semiconductors 500 000 Who I service paper 10,200 10,000 Electric services 600 000 https://www.dnb.com/delivery/35/352412/352412,COMHQ.1163.32444535430tng.printh,.. 10/24/2003 D&B Comprehensive Report: SIEMENS CORPORATION Page 9 of 20 Mfg environment cntrl 206 000 200 000 Passenger car rental 500 10,000 Misc publishing 500 000 100 Ret mail-order house 650 500 Executive office 200 100 100 Ret used merchandise 105,000 000 100 Mfg print circuit brd 20,050 20,000 100 Ret stationery 000 20,000 Whol office equipment 15,250 000 Public finance 500 15,000 100 Mfg misc special mach 500 500 General warehousing 050 000 100 Prepackaged software 750 500 Misc business credit 750 750 100 Whol durable goods 100 100 Mfg switchgear-boards 200,000 200,000 Medical equip rental 55,000 000 Mfg plane engine/part 35,000 35,000 100 Ret computer/software 000 000 100 Whol footwear 000 20,000 100 Mfg process controls 20,000 20,000 100 Detective/guard svcs 15,000 15,000 100 Mfg relays/controls 15,000 000 Mfg refrig/heat equip 10,000 000 100 Mfg comp peripherals 500 500 100 Mfg elect. connectors 500 500 Mfg metal cut mach 000 000 100 Ret-direct selling 000 000 100 Information retrieval 000 000 100 Petroleum terminal 000 000 100 Mfg paint/allied prdt 500 500 Computer system desgn 500 500 100 Whol metal 500 500 100 Data processing svcs 000 000 100 Whol office supplies 750 750 100 Local truck w/storage 500 500 100 Mfg surgical supplies 500 500 100 Mfg fluid power pumps 500 500 100 Who! heating/ac equip 250 250 Misc communictns svcs 250 250 Mfg industrial gases 250 250 Mfg chemicals 100 100 Scheduled air trans 100 100 100 Mfg soap/detergents 100 100 100 Mfg inorganic chemcls 100 100 100 Whol petroleum prdts 100 Newspaper-print/publ 100 Misc business service Other payment categories: Cash experiences 500 500 https:/ /www.dnbocom/delivery/35/352412/352412.COMHQ.1163032444535430tngoprinth... 10/24/2003 D&B Comprehensive Report: SIEMENS CORPORATION Payment record unknown 29,000 20,000 Unfavorable comments 600 500 Placed for collections: With D&B Other N/A Total in D&B's file 250 400 000 The highest Now Owes on file is $200 000 The highest Past Due on file is $95 000 Accounts are sometimes placed for collection even though the existence or amount of the debt is disputed. Indications of slowness can be result of dispute over merchandise, skipped invoices, etc. PAYMENT DETAILS Detailed payment history Date Reported Paying Record High Credit Now Owes Past Due Selling Terms(mm/yy) ($)($)($) 10/03 Ppt 500 500 3 mas Ppt 500 3 mas Ppt 500 5 mas Ppt 000 6-12 mas Ppt 250 6-12 mas Ppt 12 mas Ppt 6-12 mas Ppt 1 mo Ppt-Slow 30 500 750 3 mas Ppt-Slow 30 000 12 mas Ppt-Slow 30 12 mas Ppt-Slow 60 500 500 1 mo Ppt-Slow 120 000 500 3 mas 09/03 Ppt 30,000 1 mo Ppt 000 25,000 N30 1 mo Ppt 20,000 000 1 mo Ppt 10,000 3 mas Ppt 000 000 N30 1 mo Ppt 000 12 mas Ppt 000 N30 5 mas Ppt 000 000 1 mo Ppt 000 750 1 mo Ppt 000 6-12 mas Ppt 000 000 N30 1 mo Ppt 750 N30 6-12 mas Ppt 750 750 1 mo Ppt 750 Lease Agreemnt 6-12 mas Ppt 750 750 N30 1 mo Ppt 750 3 mas Ppt 500 N30 1 mo Ppt 250 6-12 mas Ppt 250 250 1 mo Ppt 250 N30 1 mo Page 10 of https://www.dnbo com/delivery/35/352412/352412.COMHQ .1163 ,3244453 543. tug. printh... 10/2412003 D&B Comprehensive Report: SIEMENS CORPORA nON 08/03 07/03 04/03 Ppt Ppt Ppt Ppt Ppt Ppt Ppt Ppt Ppt-Slow 15 Ppt-Slow 15 Ppt-Slow 30 Ppt-Slow 30 Ppt-Slow 30 Ppt-Slow 60 Ppt-Slow 60 Ppt-Slow 60 Ppt-Slow 90 Ppt-Slow 90 Ppt-Slow 90 Slow 5 Slow 10 Slow 10 Slow 10 Slow 30 Slow 30 Slow 30 Slow 30 Slow 30-60 Slow 30- Slow 30- Slow 60 Slow 60 Slow 30- Slow 60 Slow 90 Slow 60-120 Slow 90-240 (071) Satisfa ctory. (072) Satisfactory. Ppt Ppt Ppt-Slow 30 Ppt-Slow 60 Slow 120 Ppt-Slow 120 Slow 30- Slow 60-120 250 250 250 20,000 100 200 000 250 250 000 000 000 000 500 500 25,000 100 000 000 250 100 000 10,000 000 250 250 100 500 500 000 000 500 750 500 50,000 30,000 250 250 000 000 100 000 000 000 100 500 750 250 250 500 500 750 500 000 0 i 000 100 500 750 000 100 500 750 100 250 500 000 000 N30 N15 2 10 N30 N30 N15 N30 N30 N30 N30 N10 N30 Page 11 of 1 mo 5 mas 1 mo 1 mo 12 mas 1 mo 1 mo 1 mo 1 mo 1 mo 1 mo 3 mas 1 mo 1 mo 1 mo 6-12 mas 1 mo 1 mo 1 mo 5 mas 6-12 mas 12 mas 1 mo 1 mo 12 mas 3 mas 3 mas 1 mo 12 mas 1 mo 3 mas 1 mo 1 mo 1 mo 12 mas 1 mo 3 mas 1 mo 1 mo 2-3 mas 12 mas 12 mas 2-3 mas Payment experiences reflect how bills are met in relation to the terms granted. In some instances payment beyondterms can be the result of disputes over merchandise, skipped invoices etc. N30 N30 N30 https:/ /wwwo dnb.comJdelivery/35/352412/352412.COMHQ,l163.3244453543 .tng.printh... 10/24/2003 D&B Comprehensive Report: SIEMENS CORPORA nON Page 12 of20 Each experience shown is from a separate supplier. Updated trade experiences replace those previously reported. Jump to: Overview Scores Payments History & Operations Banking & Finance Public Filings PUBLIC FILINGS The following data includes both open and closed filings found in D&B's database on the subject company, Record Type Bankruptcy Proceedings Judgments Liens Suits UCC' # of Records Most Recent Filing Date 07/21/2003 _--_....-------.-.-------.---...---..-..............-.---..-.--........ ...-...-..--------.---.....................----------.-......-...-.----..........-.---- The following Public Filing data is for information purposes only and is not the official record. Certified copies canonly be obtained from the official source. UCC FILINGS Collateral: Type: Sec. party: Debtor: Filing number: Filed with: Date filed: Latest Info Received: Computer equipment and proceeds - Equipment and proceeds Original SIEMENS CREDIT CORPORATION , BRIDGEWATER, NJ SIEMENS CORPORATION 98061756 SECRETARY OF STATE/UCC DIVISION , ALBANY, NY 03/23/1998 04/13/1998 Collateral: Type: Sec. party: Debtor: Filing number: Filed with: Date filed: Latest Info Received: Computer equipment and proceeds Original SIEMENS CREDIT CORPORATION, BRIDGEWATER, NJ SIEMENS CORPORATION 98061744 SECRETARY OF STATE/UCC DIVISION, ALBANY, NY 03/23/1998 04/13/1998 Collateral: Type: Sec. party: Debtor: Filing number: Filed with: Date filed: Latest Info Received: Equipment Original CROWN CREDIT COMPANY, NEW BREMEN , OH SIEMENS ,INC" ALPHARETTA, GA 06098003324 FULTON COUN1Y SUPERIOR COURT CLERKS OFFICE, ATLANTA, GA 02/23/1998 03/16/1998 ----- Collateral: Type: Sec. party: Debtor: Leased Computer equipment and proceeds Original DELL FINANCIAL SERVICES, loP" AUSTIN, TX SIEMENS CORPORATION, ISELIN , NJ https://www.dnb.comidelivery/35/352412/352412.COMHQ.1163 ,3244453543 otngoprinth... 10/24/2003 - D&B Comprehensive Report: SIEMENS CORPORA nON Filing number: Filed with: Date filed: Latest Info Received: Page 13 of 20 3186270 8 SECRETARY OF STATE/UCC DIVISION, DOVER, DE 07/21/2003 08/14/2003 Collateral: Type: Sec. party: Debtor: Filing number: Filed with: Date filed: Latest Info Received: Leased Computer equipment and proceeds Original DELL FINANCIAL SERVICES, loP., AUSTIN, TX SIEMENS CORPORATION, ISELIN , NJ 3186268 2 SECRETARY OF STATE/UCC DIVISION, DOVER, DE 07/21/2003 08/14/2003 Collateral: Type: Sec. party: Debtor: Filing number: Filed with: Date filed: Latest Info Received: Leased Computer equipment and proceeds Original DELL FINANCIAL SERVICES, loP" AUSTIN, TX SIEMENS CORPORATION , ALPHARETTA, GA 3186247 6 SECRETARY OF STATE/UCC DIVISION, DOVER, DE 07/21/2003 08/14/2003 Collateral: Type: Sec. party: Debtor: Filing number: Filed with: Date filed: Latest Info Received: Leased Computer equipment and proceeds Original DELL FINANCIAL SERVICES, loP" AUSTIN, TX SIEMENS CORPORATION, ISELIN , NJ 3145358 1 SECRETARY OF STATE/UCC DIVISION , DOVER, DE 06/09/2003 07/08/2003 Collateral: Type: Sec. party: Debtor: Filing number: Filed with: Date filed: Latest Info Received: Leased Computer equipment and proceeds Original DELL FINANCIAL SERVICES, loP., AUSTIN, TX SIEMENS CORPORATION , ISELIN, NJ 3144085 1 SECRETARY OF STATE/UCC DIVISION, DOVER, DE 06/06/2003 06/26/2003 Collateral: Type: Sec. party: Debtor: Filing number: Filed with: Date filed: Latest Info Received: Leased Equipment and proceeds - Leased Computer equipment and proceeds Original DELL FINANCIAL SERVICES, loP., AUSTIN , TX SIEMENS PROCUREMENT AND LOGISTICS SERVICES, LLC, SANTA CLARA, CA 2153486 0 SECRETARY OF STATE/UCC DIVISION , DOVER, DE OS/24/2002 07/25/2002 Collateral: Type: Sec. party: Debtor: Filing number: Filed with: Date filed: Latest Info Received: Leased Equipment and proceeds - Leased Computer equipment and proceeds Original DELL FINANCIAL SERVICES, L., AUSTIN, TX SIEMENS PROCUREMENT AND LOGISTICS SERVICES, LLC, SANTA CLARA, CA 2143958 1 SECRETARY OF STATE/UCC DIVISION, DOVER, DE 05/17/2002 07/16/2002 https:/ /wwwo dnb.comldelivery/35/352412/3524120 COMHQ.1163.3244453543.tng.printh... 10/2412003 D&B Comprehensive Report: SIEMENS CORPORA nON Page 14 of 20 There are additional UCC's in D&B's file on this company available by contacting 1-800-234-3867. The public record items contained in this report may have been paid, terminated, vacated or released prior to the date this report was printed. GOVERNMENT ACTIVITY Activity summary Borrower (Dir/Guar): Administrative debt: Contractor: Grantee: Party excluded from federal program(s): YES Possible candidate for socio-economic program considerationLabor surplus area: N/ ASmall Business: N/A8(A) firm: N/ A The details provided in the Government Activity section are as reported to Dun & Bradstreet by the federal government and other sources. Jump to: Overview Scores Payments Public Filings Banking & Finance History & Operations HISTORY The following information was reported 10/07/2003: Officer(s):KLAUS KLEIN FIELD, PRES-CEO KLAUS P STEGEMANN, EXEC V PRES-CFO DIRECTOR(S):THE OFFICER(S) BACKGROUND/OWNERSHIP: Business started 1954 by parent. 65.0% of the capital stock is owned by Siemens AG; 30,9% of the capital stockis owned by OSRAM GmbH and 4,1% is owned by Siemens Nixdorf Informationssysteme AG (SNI-AG). OSRAMGmbH and SNI-AG are wholly-owned subsidiaries of Siemens AG. This Company is the successor in interests to various entities since 1968. KLAUS KLEIN FIELD born 1958. 1987-present active here. KLAUS P STEGEMANN born 1957, 1975-present active here. CORPORATE FAMILY For more details on the Corporate Family, use D&B's Global Family Linkage product. Parent: https:/ /www.dnb.comJdelivery/35/352412/352412,COMHQ.1163.3244453543 .tng.printh... 10/24/2003 D&B Comprehensive Report: SIEMENS CORPORATION Page 15 of Select business below to buy a Business Information Report.Siemens Ag Munchen, Germany DUNS # 31-606-7164 Subsidiaries (US): Select businesses below to buy Comprehensive Report(s). Acuson Corporation Mountain View, CA L Cardion, Inc Ellenco Inc Mannesmann Corporation Siemens Airfield Solutions Inc Siemens Building Technologies Inc Siemens Business Services Inc Siemens Capital Company LLC Siemens Corporate Research, Inc Siemens Energy & Automation Inc Siemens Medical Solutions Siemens Technology To Business, Inc Siemens Transportation Systems, Inc, Siemens Westinghouse Power Corporation Orlando, FL Van Dorn Demag Corporation (del) Siemens Foundation Siemens Information & Communication Networks, Inc. Siemens Information and Communication Inc. Siemens Information and Communication Mobile LLC Siemens Medical Solutions USA, Inc Siemens Power Transmission & Distribution, Inc Siemens Power Ventures, Inc. Siemens Procurement and Logistics Services LLC Siemens Real Estate Inc Shawnee Mission, KS Brentwood, MD DUNS # 00-843-1744 DUNS # 60-739-9557 DUNS # 00-324-1106 DUNS # 03-781-6261New York, NY Columbus, OH DUNS # 04-508-0686 DUNS # 01-094-4650Buffalo Grove, IL Norwalk, CT DUNS # 10-118-8514 DUNS # 12-978-9371Bridgewater, NJ Princeton, !'IJ DUNS # 62-068-0298 DUNS # 08-548-1786Alpharetta, GA Iselin, NJ DUNS # 11-405-1936 Boca Raton, FL DUNS # 60-608-4770 Boca Raton, FL DUNS # 15-254-4326 San Diego, CA DUNS # 02-961-6877 DUNS # 06-738-1806Alpharetta, GA Malvern, PA DUNS # 10-323-1817 Raleigh, NC DUNS # 06-999-3942 DUNS # 62-420-2628New York, NY Iselin, NJ DUNS # 10-139-8621 DUNS # 84-394-7552Iselin, NJ Berkeley, CA DUNS # 84-231-1180 DUNS # 78-152-5795Sacramento, CA Strongsville, OH DUNS # 15-397-7632 DUNS # 80-309-5942 Subsidiaries (International): Select businesses below to buy Business Information Report(s). Advanced Electronic Corp, ST MICHAEL, BARBADOS DUNS # 86-023-7267 ----- - ---- - -- -- -------------------- - ------------------------- -- ---- -------------- - ------ --- - ------------------ --- - --- ------- ---- - __m - - -- -- - - - - - - - - --------- -- --- ---- - ---- -- ------- --- ---- ----------- Branches (US): Select companies below to buy Business Information Report(s). Siemens Corporation Oakley, CA Siemens Corporation L' Siemens Corporation Siemens Corporation Siemens Corporation Siemens Corporation Sacramento, CA Santa Ana, CA DUNS # 03-422-7541 DUNS # 02-433-0248 DUNS # 03-739-2359 DUNS # 03-823-3636Saratoga, CA Shelton, CT DUNS # 96-414-3259 DUNS # 62-240-9829Washington, DC https://www.dnb.comidelivery/35/352412/352412,COMHQ,l163.3244453543.tng.printh.,o 10/24/2003 D&B Comprehensive Report: SIEMENS CORPORA nON Siemens Corporation Siemens Corporation Siemens Corporation Siemens Corporation Siemens Corporation Siemens Corporation Siemens Corporation Siemens Corporation Siemens Corporation Siemens Corporation Siemens Corporation Siemens Corporation (J Siemens Corporation (J Siemens Corporation (J Siemens Corporation (J Siemens Corporation (J Siemens Corporation Siemens Corporation (J Siemens Corporation Page 16 of Lake Mary, FL North Palm Beach, FL Sanford , FL DUNS # 05-806-5843 DUNS # 08-854-1214 DUNS # 11-183-5935 DUNS # 86-746-9678Tampa, FL Acworth, GA DUNS # 09-811-6796 DUNS # 03-422-5271Alpharetta, GA Alpharetta , GA DUNS # 83-590-5001 DUNS # 03-755-9502Loganville, GA Woodstock, GA DUNS # 11-182-5340 DUNS # 62-073-9300Chicago, IL Newburgh, IN DUNS # 79-992-9802 DUNS # 96-957-6792Prospect, KY Duluth, MN DUNS # 02-236-5238 DUNS # 82-922-4401Brandon, MS Columbia, MO DUNS # 02-308-6858 DUNS # 01-529-0740Oregon, MO North Platte, NE DUNS # 94-527-2128 DUNS # 12-912-6525Iselin, NJ Newark, NJ DUNS # 00-251-5802 This list is limited to the first 25 branches. For the complete list, use D&B's Global Family Linkage product. Affiliates (US):(Affiliated companies share the same parent company as this business.) Select businesses below to buy Comprehensive Report(s). C Epcos, Inc Iselin, NJ (J Rexton , Inc Siemens Financial Services Inc (J Siemens VDO Automotive Corporation Minneapolis, MN Bridgewater, NJ DUNS # 04-788-3926 DUNS # 09-646-2643 DUNS # 01-347-9931 DUNS # 19-712-5875Auburn Hills, MI Affiliates (International):(Affiliated companies share the same parent company as this business. Select companies below to buy Business Information Report(s). (J ADB SA BRUXELLES, BELGIUM BERLIN, GERMANY MAINZ, GERMANY GRONWALD, GERMANY REDWITZ, GERMANY ALSDORF, GERMANY Dalian Zhongde Control System Co., Ltd. DALIAN, CHINA Demag Delaval Industrial Turbomachinery MONCHEN GERMANYHolding GmbH designafairs GmbH MONCHEN, GERMANY DKS Dienstleistungsges. fUr Ausbildungszentrum fUr Technik Informationsverarbeitung und Wirtschaft gemeinnOtzige GmbH (J Berliner Vermogensverwaltung GmbH (J BFE Studio und Medien Systeme GmbH BOMA Verwaltungsges. mbH & CO. (J Ceramics Verwaltungsges. mbH CYCOS AG DUNS # 37-008-6753 PADERBORN , GERMANY DUNS # 32-517-2393 DUNS # 32-214-6903 DUNS # 31-844-8453 DUNS # 32-444-1914 DUNS # 33-124-3738 DUNS # 31-658-0638 DUNS # 52-882-5565 DUNS # 33-215-1914 DUNS # 32-997-8381 https://www,dnb.comidelivery/35/352412/352412,COMHQ,l163.3244453543.tng.printh.,. 10/24/2003 D&B Comprehensive Report: SIEMENS CORPORATION Kommunikationanlagen des Stadt- und Regionalverkehrs mbH Duewag AG EB Electric Beteiligungsges mbH ePS Network electronic Production Services GmbH EVB Elektro-Verwaltungsgesellschaft fuer MONCHEN, GERMANYBeteiligungen mbH Fertigungscenter fuer elektrische Anlagen WORZBURG, GERMANYLangen GmbH Fertigungscenter fOr elektrische Anlagen DITZINGEN , GERMANYDitzingen GmbH Fertigungscenter fOr Elektrische Anlagen BREMEN, GERMANYBremen GmbH Fertigungscenter fOr Elektrische Anlagen HANNOVER, GERMANYm Hannover GmbH Fertigungscenter fOr elektrische Anlagen Langen GmbH Fertigungscenter fOr Elektrische Anlagen ST INGBERT, GERMANYSt. Ingbert GmbHFIPAR SA BRUXELLES , BELGIUM Frankendata Softwareengineering GmbH & ERLANGEN GERMANYCo. KG Frankendata Sofwareengineering ERLANGEN , GERMANYVerwaltungsges. mbH FUJITSU SIEMENS COMPUTERS, S. Page 17 of 20 KOLN, GERMANY KREFELD, GERMANY DUNS # 33-347-9822 DUNS # 31-500-1040 DUNS # 32-248-6473GRONWALD, GERMANY Leinfelden-Echterdingen , GERMANY DUNS # 34-408-9516 DUNS # 31-316-5297 DUNS # 33-263-1175 DUNS # 49-814-7917 DUNS # 49-814-0813 DUNS # 49-812-6010 MORFELDEN-WALLDORF, GERMANY DUNS # 32-983-2161 DUNS # 49-827-4356 DUNS # 37-218-1941 DUNS # 32-942-9018 ALCOBENDAS, SPAIN DUNS # 32-943-4372 DUNS # 46-390-7738 This list is limited to the first 25 affiliates. For the complete list, use D&B's Global Family Linkage product. BUSINESS REGISTRATION CORPORATE AND BUSINESS REGISTRATIONS REPORTED BY THE SECRETARY OF STATE OR OTHER OFFICIAL SOURCE AS OF OCT 10 2003: The following data is not an official record of the Department of State or the State of New York and Dun &Bradstreet is not an employee or agent thereof. Registered Name: Business type: Corporation type: Date incorporated: State of incorporation: Filing date: Registration ID: Duration: Status: Status attained: Where filed: Registered agent: SIEMENS CORPORATION CORPORATION PROFIT SEP 27 1988 NEW YORK SEP 27 1988 1294338 PERPETUAL NON-SURVIVOR OF MERGER APR 30 1991 SECRETARY OF STATE/CORPORATION DIVISION, ALBANY, NY C T CORPORATION SYSTEM, 1633 BROADWAY, NEW YORK, NY, 100190000 https://www.dnb,comJdelivery/35/352412/352412.COMHQ,l163 ,3244453543.tngoprinth... 10/2412003 D&B Comprehensive Report: SIEMENS CORPORA nON OPERA nONS 10/07/2003 Description: Employees: Facilities: Location: Branches: Global Activity: Import/ Export Activity: a-Digit SIC: Page 18 of 20 Foreign parent is Siemens AG, Munich, Germany. DUNS #31-606-7164, which started in 1847 and operates as a manufacturer of medical equipment, power generation systems, automotive systems and parts, telecommunications data processing and equipment and various types of electronic equipment and other activities. Reference is made to that report for background information on the parent and its management. The parent company has 100+ other subsidiaries. Parent also makes periodic contributions to the capital of subject and guarantees issuance of commercial paper. Siemens Corporation is a U.S. holding and finance company of Siemens AG, and through its subsidiaries, is engaged as follows: the research and develop, manufacture, market and service equipment for the generation, distribution, regulation and control of electrical and solar energy; medical equipment for diagnostic imagery and therapy; electronic equipment for telecommunication applications; factory automation systems; rail transport systems; automotive electronics; lighting and precision materials; air traffic control lighting equipment; postal automation, sorting and recognition systems and electronic components. In addition, Siemens' subsidiaries import from their ultimate parent, Siemens AG , or its affiliates, medical, power engineering, communication and electronic components which are sold or leased in the United States, Generally, net 30 day terms. Has 5,000+ accounts. Sells to industrial and commercial concerns. Territory: United States. Nonseasonal. 70,000 which includes officer(s). 300 employed here. Leases premises on 43-45 floor of multi story steel building, Central business section on main street. This business has multiple branches throughout the United States. Detailed branch information is available in D&B's linkage or family tree products. The following section is a global summary and is intended to assist D&Bs non-U.S. customers when evaluating D&B reports on U.S. companies. No major countries of export reported. Based on information in our file, D&B has assigned this company an extended 8 digit SIC. D&Bs use of 8 digit SICs enables us to be more specific to a company s operations than if we use the standard 4 digit code. 3612 0104 Mfg distribution transformers, electric 3844 9908 Mfg radiographic x-ray apparatus and tubes 3661 0100 Mfg telephones and telegraph apparatus 3641 0000 Mfg electric lamps GLOBAL NEWSWORTHY EVENTS. 3357 0000 Mfg nonferrous wiredrawing and insulating (1003) ANNOUNCED OFFICER CHANGE: According to published reports, Siemens Corporation has named Jan D Dressel , vice president and chief information officer, effective November 1, 2003. Dressel who has worked for Siemens for more than 20 years served as vice president and chief information officer for Siemens Asia Pacific in Singapore. https://www.dnb.comJdelivery/35/352412/3 52412.COMHQ,l163 .3244453543 otng.printh... 10/2412003 D&B Comprehensive Report: SIEMENS CORPORATION Page 19 of20 Subsidiaries:This business has multiple subsidiaries, detailed information is available in D&B's linkage or family tree products. SIC & NAICS SIC: Based on information in our file, D&B has assigned this company an extended 8-digit SIC. D&B's use of 8-digit SICs enables us to be more specific to a company s operations than if we use the standard 4-digit code. NAICS: 335311 The 4-digit SIC numbers link to the description on the Occupational Safety & Health Administration (OSHA) Web site. Links open in a new browser window. 335311 334517 334210 335110 Power, Distribution, and Specialty Transformer Manufacturing Power, Distribution, and Specialty Transformer Manufacturing Irradiation Apparatus Manufacturing Telephone Apparatus Manufacturing Electric Lamp Bulb and Part Manufacturing Other Fabricated Wire Product Manufacturing332618 36120104 36120112 36410000 33570000 Distribution transformers, electric Voltage regulators, transmission and distribution Radiographic X-ray apparatus and tubes Telephones and telephone apparatus Electric lamps Nonferrous wiredrawing and insulating 38449908 36610100 Jump to: Overview Scores Payments Public Filings History & Operations Banking & Finance BANKING Mellon Bank, Pittsburgh, PA; Chase Manhattan Bank, 1 Chase Manhattan Plaza , NY; Wachovia Bank, Winston Salem, NC KEY BUSINESS RATIOS D&B has been unable to obtain sufficient financial information from this company to calculate business ratios. Our check of additional outside sources also found no information available on its financial performance. To help you in this instance, ratios for other firms in the same industry are provided below to support your analysisof this business. Based on this number of establishments: Industry Norms based on 51 establishments This Business Industry Median Industry Quartile Profitability Return on Sales Return on Net Worth Short-Term Solvency Current Ratio https://www,dnb.com/delivery/35/352412/352412.COMHQ.1163.3244453543 .tng.printh... 10/2412003 D&B Comprehensive Report: SIEMENS CORPORATION Page 20 of 20 Quick Ratio Efficiency Assets Sales Sales / Net Working Capital :Utilization 1.3 44. 70.Total Liabs / Net Worth UN = Unavailable FINANCE 06/26/2003 An inside source confirmed general information on the company. Management was unavailable at the time of the interview. According to the company s website, in fiscal 2002 the consolidated sales of all Siemens companies in the United States were 20 billion Euros. New orders totaled approximately 21 billion Euros (the euro is quoted at 1.1286 per US dollar as of Sep 15,2003.) Full financial information is prepared on a consolidated basis andprovided through the parent company s Business Information Report, CUSTOMER SERVICE If you have questions about this report, please call our Customer Resource Center at 1.800,234.3867 from anywhere within the U,S. If you are outside the U.S. contact your local D&B office. *** Additional Decision Support Available *** Additional D&B products, monitoring services and specialized investigations are available to help you evaluate this company or its industry. Call Dun & Bradstreet's Customer Resource Center at 1.800,234.3867 from anywhere within the U.S. or visit our website at www.dnb,com. Copyright 2003 Dun & Bradstreet - Provided under contract for the exclusive use of subscriber 086001485L https:/ /wwwodnb.comldelivery/35/352412/352412.COMHQ.1163.3244453543.tng.printh..o 10/2412003 FitchRatings Corporate Finance Diversified Man ufactu ring/Germany Credit Analysis Siemens AG Ratings Security Current Previous DateClassRatingRatingChanged Siemens AG Foreign Currency Senior Unsecured Dee 2002 Short-term Dee 2002 Rating Watch...................,......,....................,......,......None Rating Outlook..-...........,...................................,......Slable Analysts Janet Fisher +442074176334 janet. fisher(1j)fitchratings,com Stuart Reid +442074174323 stuart.reid(1j)fitchratings,com Profile Siemens AG (Siemens) is a leading global engineering company, manufacturing a wide range of industrial and consumer products, The group comprises six core businesses, and II divisions: Information & Communications (I & C) 31% of group sales in FY02, loss: EUR494m (35%/EBITA loss: EUR1.4bn in FYOI); Automation & Control (A & C) 26%/EUR765m (25%/EUR1.2bn); Power I 6%/EUR 1.7bn (15%/EUR730m);Transportation 15%/loss EUR312m (II%/Ioss: EUR75m); Medical 9%/ EURlbn (8.3%/EUR808m); Lighting 5%/ EUR365m (5%/EUR462m), Siemens also has a Financing and Real Estate division, whichprovides corporate finance and risk management products to external and internal customers. Key Credit Strengths Leading global market positions Product and geographical diversification Technological expertise Low leverage Key Credit Concerns Ambitious EBIT margin targets notably in I & C Cyclicality of the industries in which it operates Ongoing restructuring and related risks Negative free cash flow December 2002 Rating Rationale The ratings reflect the group s leading market positions in several sectors, supported by product and geographical diversification which helps alleviate the adverse impact of industry cyclicality, such as the current weakness in I & C, Since 1998, when management introduced the " 1 0 Point Programme " the company has undergone a series of restructuring initiatives both at group and individual business levels the most recent of which is "Operation 2003," Its key objectives are an improvement in profits through cost efficiencies, a focus on the product portfolio and the disposal of non-core/unprofitable operations culminating in the deconsolidation of Infineon Technologies (Infmeon). As a result, the group has stepped-up its focus on asset management, notably capex and working capital, a key driver of the group s EVA policy, Fitch Ratings notes that the group faces significant challenges in meeting these objectives, maintaining momentum, particularly in a market downturn, and reaching optimal efficiency across its diverse range of operations, In view of the cyclical nature of the sectors in which it operates, Siemens has looked increasingly to the service and renovation & maintenance markets, in particular in the power division, which should further mitigate the adverse impact of a cyclical downturn, The group s continuing business strength in virtually all areas of operation and healthy leverage and coverage ratios support the Stable Outlook. Recent Developments In view of the economic slowdown, particularly the weak operating conditions in the I & C sector, management has introduced further cost efficiency programmes targeting savings of EUR3,5bn by FYE03 and EURlbn by FYE04 in the I & C and Automotive & Drives businesses respectively, In July 2002 Siemens sold a portfolio of seven businesses to a private equity house, KKR, for EUR1.7bn, retaining a 19% stake, During 2002 the group deconsolidated Infineon maintaining a 39,7% ownership interest as at FYE02, Liquidity and Debt Structure Net debt at FYE02 was EUR751m (EUR4,Obn at FYE01), the reduction achieved largely utilising disposal proceeds and trimming capex, In 2002 the majority, 90% (EUR11.1bn), of total debt was long-tenD, the balance mainly short-tenD debt, with cash and equivalents standing at EURl1.6bn (EUR8.6bn), In June 2001 Siemens issued EUR4bn of bonds, using the proceeds to repay short- tenD liabilities and refinance outstanding debt. As at FYE02 outstanding CP and MTN liabilities totalled EUR94m (EUR214m) and EUR1.6bn (EUR1.8bn) respectively. Siemens maintains global credit facilities of EUR4.4bn, which were unused as at FYE02 and FYEOI. The parent held negligible debt amounting to EURO,3m (EURO,2m). www,fitchratings.com Fitch Ratings Corporate Finance Chart 1: Siemens Organisational Structure Information & Communications Networks (ICN) Power Generation (PG) Information & Communication Mobile (ICM) Power Transmission and Distribution (PTD) Siemens Building Technologies (SBT) Background and Strategy On October 1 , 1847, Werner von Siemens and Johann Georg Halske founded the company that later developed into today s Siemens AG, formed in 1966, In 1866 Siemens made a 'break through' discovery- the dynamoelectric principle, proving that the potential applications for electricity were endless. This led to various innovations, including the group building the first electric railway and installing streetlights in Berlin in 1879, Its focus on electrical engineering alone led it to expand into the light and heavy electrical engineering sectors, In the 1920s the group began designing and producing household appliances, and after World War II, entered the components, data processing systems, automotive systems and semiconductor markets, After the war years, when Siemens, like many other companies had been preoccupied with meeting military quotas the group re-focused, returning to its roots in the 1960s, In 1966 the three principal companies Siemens & Halske, Siemens-Schukertwerke AG and Siemens- Reiniger-Werke AG merged to form Siemens AG (Siemens), In 1969, the group s main businesses were structured to form six, largely independent operating groups, since when several further reorganisations have been effected, In July 1998 management announced a '10 Point Programme including the restructuring and reorganisation of the group, culminating with the deconsolidation ofInfineon in December 2001. Transportation Systems (TS) Siemens Financial Services GmbH (SFS) Siemens VDO Automotive (SV)Siemens Real Estate (SRE) Management also updated the group existing top+' programme , first introduced in 1993, the key element of which was establishing Economic Value Added! (EVA) as the main performance measurement tool for all businesses, More recently, management has introduced "Operation 2003" designed to achieve the following (see individual business operations for details): Restoring profitability at I & C: programme Atecs integration top+' US business initiative Reduction of central costs Asset management. The "PACT" In December 2002 management re-itrerated it would be 'sticking' to the targets originally set in Operation 2003, with a few exceptions, Management has divided operations into four categories as follows: I EVA: defined as net operating profit after taxes minus the cost of capital, which represents the minimum return on net operating assets. According to this concept, a business creates value only when it recovers at least its cost of capital and delivers EVA improvements in line with capital market requirements, Siemens: December 2002 Fitch Ratings Corporate Finance EBIT Margin (%)Division FY02 FY01 Target (FY03) Reached! exceeded 2003 targetsPG 16.Medical 13,TS 5,SFS* 23, Close to targetsA & D 8,4 11.Osram 8.4 10, Likely to get quite close to targetsPTD 2.6 2.4 5-SBT 3,5 2,4 7-SV 0,8 -0 5-Unable to reach targets in 2003, Hence, management has extended deadline by one year i,: to 2004,ICN -2 -ICM 0,9 -SBS 1,7 -4,SD 1,5 -IS & S -4.4 2. 11, 18, "Retum on equity before taxes quoted 10- 11- 18- 11- 10- Today the group comprises six core business areas, a number of which consist of several divisions (see chart I: Siemens organisational chart), Siemens has a comprehensive global presence, with operations in over 190 countries, and product portfolio, the breakdown of which are highlighted below (chart 2 and 3). Chart 2: Geographical Breakdown of Group Sales (FYEO2) Germany 22% The Americas (excl. US) Asia-Pacific (excl. China) Africa! Middle EasY CIS Chart 3: Group Divisional Sales (FYEO2) Financing & Real Estate Osram The group operates with a de-centralised structure to enable each division to cater for its specific client base and to react to market conditions quickly, In addition, the group is also aware of the need to maximise cross-selling opportunities and pooling expertise and knowledge for the long-tenD success of the business. The six core group businesses operate on a decentralised basis with the parent acting as a non- trading holding company. As at FYEOI , the parent held minimal debt totalling EURO,3bn (EURO,2bn at FYE01), equating to 2.4% of total group debt (2.3%). Marketable securities and liquid assets totalled EURIO,6bn as at FYE02 (EUR12,9bn (as stated in the FYEOI accounts)/ EUR5,9bn (as stated in the FYE02 accounts)), (Figures prepared according to Gennan Commercial Code (HBG)), Key Events Table - see Appendix 1. Business Overview Information and Communications (I & C) New Total Op, margin (EURm)orders sales EBIT (%) ICN FY02 697 647 691 FY01 639 882 861* FYOO 648 323 686" 11,412 EBIT: 692 FY99 881 909 366 FY98 11,234 929 572 ICM FY02 11,538 045 FY01 866 299 307* FYOO 420 910 718* 990 EBIT: 758 FY99 5,415 138 334 FY98 937 881 251 SBS FY02 256 773 101 FY01 303 034 259" FYOO 857 882 70* 765 EBIT: 129 FY99 095 973 FY98 365 104 129 EBITA figures quoted ** unaudited figures The division s primary function is to maintain a leading market position, alongside names such as Ericsson, Nokia and Motorola, in the mobile communications industry, I & C's presence in all three fundamental technologies, Le, next-generation Internet, wireless communications and advanced electronics, allows it to provide a full range of mobile solutions and related services from voicedata and video communications equipment to bespoke applications for end-users, Siemens: December 2002 FitchRatings Corporate Finance In view of the ongoing difficult market conditions and in line with the group s '10 Point Programme,' the division continued to improve working capital management, reduce EBITA assets across all business units and cut headcount. During FY02 the division incurred asset write-downs and restructuring costs, the bulk comprising severance payments totalling almost EURl.lbn (c,EUR1.7bn in FY01), of which c,EUR955m (c,EURl.lbn) was incurred by ICN, The hefty charges recorded in FY01 were in part offset by the increase in goodwill from acquisitions made during the year, most notably the purchase of Efficient Networks Inc, (goodwill: EUR1.5bn, to be amortised over five years), The division comprises three businesses as follows: Information and Communications Networks (ICN), the world's leading supplier of Internet Protocol (IP) communications, number two in infrastructure technology for Digital Subscriber Lines (DSL) and, via its US subsidiary Unisphere networks, is the world's number three in IP routers, In July 2001 management implemented its profitability and cash turnaround programme: PACT" which focuses on the following three elements: 1. IP convergence for enterprise and carrIer networks ii. Broadband access for carriers and corporate end usersiii, R & spend concentrated on optical switching, In 2001 management set a target of cost savings of c,EUR2bn by the end of 2002, followed by a further potential c,EUR1.5bn in 2003, The key driver to the programme has been cutting 20 500 jobs, up from the original 10 000 targeted in 2001. As at end-September 2002, the division employed 39 000 staff (against 51 000 a yearearlier), In FYOI the division incurred severance charges totalling EUR387m, the payout of which was largely completed in FY02, In addition in FY02 severance charges associated with the PACT programme totalling EUR352m have been incurred, the bulk of which will be paid in FY03, with further related costs expected during the period, In line with the PACT programme and weak demand in the carrier sector, management continues to address production capacity and the sale/closure of plants, Performance during FY02 was poor, with sales falling 25% to EUR9 647m, Despite improving its loss making position, ICN once again reported a negative EBIT of EUR691m (loss: EUR861m in FY01), due mainly to severance charges and asset write-downs totalling EUR577m (EUR1 603m in FY01), Furthermore, the business reported a EUR378m impairment charge at the Access Solutions division related to Efficient Networks, althoughthis was offset by gains of EUR634m (EUR120m) comprising proceeds from the sale of the loss making Unisphere Networks toJuniper Networks Inc. (Juniper) for EUR376m/EUR208 in cash! Juniper stock, other asset disposals and a non-recurring item ofEUR60m, The business partnership with Juniper should strengthen the division competitive position and product portfolio, Margin erosion, pricing pressures and weak market conditions experienced in FYO 1 continued to have a negative impact on earnings and sales, which fell 25% in FY02, The Enterprise Networks division reported a profit following the loss in FYO01 , accompanied by a stable development in volumes. The outlook for the sector remains poor, with market conditions weakening significantly over the period2, as reflected by the 31 % decline in orders at the year end, and performance impacted by ongoing restructuring charges, Siemens, along with many other telecom equipment manufacturers continues to accelerate the scale of restructuring plans in an attempt to adapt to the severity of demand conditions, During FY02 the business was adversely affected by the steep reduction in capex by telecommunication carriers, most notably in the carrier switch segment (EWSD), the strength of which had until recently been supporting the weakness in Siemens' other fixed line activities. The weak market conditions forecast, the 31 % fall in orders during FY02 and ongoing restructuring charges will continue to depress profitability for the foreseeable future, Given the weak outlook and negative 7. EBIT margin in FY02, management has extended the deadline to reach the EBIT target range, Information and Communications Mobile (ICM) is a leading infrastructure provider, with a comprehensive product portfolio providing a 2 Please refer to Fitch's report 'The European Telecom Equipment Manufacturing Sector - Cutting Through the Haze' published in August 2002. Siemens: December 2002 F i tchRa tings Corporate Finance full range of wireless communications, The business also has a 50% stake in Fujitsu Siemens Computers, Operations comprise two divisions - Solutions & Networks and Devices (mobile telephones cordless products and wireless modules) - enabling the business to react quickly in a rapidly changing environment. The division reversed the loss of EUR307m in FYOl , generating a profit of EUR96m in FY02 with results in FYOI adversely affected by the EUR441m asset write-down, the turnaround reflecting the benefits of the cost-cutting and realignment programmes introduced in 2HOl. The improvement in profitability was largely driven by the Mobile phone business, which after reporting a EUR540m loss in FYOl effected inventory write-downs totalling EUR213m, generating a profit of EURS2m in FY02, In addition, the business increased the number of units sold from 2S,7m in FYOI to 33.3m in FY02. In contrast to the improvement in the mobile phone operation, the Networks buiness barely broke-even, with operating income of EUR5m FY02 (EUR435m in FYOl), the steep decline in profits reflecting slower demand in the carrier business and a highly competive pricing environment. In view of this weak perfonnance management has accelerated and expanded its Top on Air" programme in an effort to mitigate the effects of the slowdown and reduce costs and headcount by 4 000, As a result of staff cuts, the business incurred a EURI05m severance charge in FY02, roughly half of which was paid during the year, with the remainder expected to be paid in FY03. The programmes implemented should enable the division to improve its low EBIT margin of 9% in FY02 to meet the 2004 target range. The 2% and 3% contractions in sales and orders to EUR2,6bn and EURll.5bn respectively during the year reflected the challenging market conditions, Little improvement is expected going forward in view of the reduced order book. Of note is the significant drop in volumes in the Networks business, where demand for UMTS equipment has not been sufficient tooffset the slowdown in that for GMS infrastructure equipment. A positive book-to-billmetric (orders versus sales) in 2002 nonetheless comparatively resilient, although demand conditions for both mobile and fixed line infrastructure remain depressed and visibility extremely weak, Management continues to focus on improving working capital management, in particular inventory levels and receivables, to try and strengthen cash flow generation. Despite efforts to control working capital movements, the job cuts and planned extension of customer financing agreements will serve to depress future cash flow generation. The sector remains challenging in view of potential industry consolidation and the differing strategies adopted by the mobile and infrastructure operations, The adverse impact of the difficulties related to this sector may be offset to an extent by the potential revenues generated in the medium to long tenn by the IS UMTS contracts won in the key European markets, The business will continue to increase geographical diversification and establish partnerships to secure fast 3G mobile phone penetration. Near tenn uncertainty remains for this segment, however, with growing concerns over infrastructure roll-out delays carrier resistance to network milestone targets and write-downs of 3G licences. In the mobile network market the business will continue to focus on the GSM and UMTS markets, Siemens Business Services (SBS), acting as a single-source IT solutions and services provider is focused on five core areas including supply chain management and electronic commerce, Going forward, management views the mobile business as a key growth area and intends increasing geographical diversification and its presence in Europe and North America, with Gennany accounting for less than 50% of sales in FY02, both organically and through partnerships (e.g, SBS partnered up with Microsoft in 2001 to develop and market mobile phone business solutions). After reporting a loss ofEUR259m in FYOI the division generated a profit of EURlOlm in FY02, its perfonnance in 2001 being adversely impacted by the EUR242m severance and asset write-down charge, of which EUR 196m relatedto the redundancy of 2 200 employees; EUR140m was paid out in FY02, Losses were further depressed in 2001 as a result of provisions totalling EUR192m for two long- tenn business process outsourcing contracts. Once again, management has extended the deadline for the group to meet the EBIT margin targets to 2004; the division is hoping to report margins in the 5-6% range in, Whilst sales fell by 4% to EUR5.Sbn in FY02 new orders were stable, and market conditions are expected to remain difficult in the near-tenn, Siemens: December 2002 FitchRatings Corporate Finance In line with actions taken in the ICM division management has continued to focus on working capital management and tightened its control over capital expenditure to improve cash flow generation, Automation and Control (A & C) New Total Opo margin (EURm)orders sales EBIT (%) A&D FY02 728 635 723 FY01 065 947 981'11, FYOO 163 943 865'10, 946 EBIT: 872 11. FY99 168 066 740 FY98 921 873 693 10. 1&5 FY02 120 4,480 198 FY01 881 563 97* FYOO 401 226 111' 392 EBIT: 167 FY99 143 119 143 FY98 791 164 145 FY02 810 995 FY01 281 520 59* FYOO 193 786 196*10, 795 EBIT: 175 FY99 440 284 FY98 347 287 5BT FY02 601 619 195 FY01 549 518 132*2.4* FYOO 066 932 297* 947 EBIT: 277 FY99 4,407 261 163 FY98 EBITA figures quoted unaudited figures This division is the world's largest supplier of products, systems, solutions and services in the industrial and building technology sectors, designed to enable end-users to improve production facilities, The four main automation end-users are the manufacturing, processing, building and logistics sectors, hence the division comprises four businesses as follows: Automation and Drives (A & D) is looking further develop its leading market position, and is continually enhancing its portfolio through the design and launch of new products, R & D costs accounted for 5.9% of sales in FY02 (5,6% in FYO 1), with the majority of spend in the process automation and complex system control software markets, The business is gradually increasing its product and geographic diversification entering new regions and developing new products/applications through acquisitions and partnerships, Despite the 26% decline in EBIT to EUR723m in FY02 and margin squeeze (from II % in FYOI to 8.4% in FY02), the division remains one of the key contributors to group earnings, Of note is the continued strength of the margins achieved by the Industrial Automation Systems operations, A & D's largest business unit. The narrower margin reflected the challenging market conditions (c,6% market contraction in FY02), the group s exposure to Germany and slowing demand in the automotive industry, one of the main end-users. Severance charges totalling EUR26m and a EURlOm loss on the sale of an investment also impacted profitability. The 3% and 4% fall in sales and orders respectively during the year once again reflected the difficult market conditions, particularly in the US (c,7% fall in FY02) and Europe (c.4.8%), In Europe, where the effects of the economic slowdown were felt after the US, the business suffered less than its peers such as ABB and Schneider Electric, which have greater exposure to Europe and hence were more severely impacted by the downturn in the region, Management, despite the weaker margins, is confident of the division s ability to achieve the target EBIT margins, Internal cost cutting measures headcount reductions to date management have cut staff numbers from 000 at FYEOO to 10 400 at FYE02 restructuring in the US and improved productivity ratios will be the main drivers of margin improvement. Future profitability should benefit ITom the continued focus on the top+' programme , which concentrates on asset management cost control and quality, Geographic diversification notably the increased presence in China, should help mitigate the highly cyclical nature of the business and hence dependence on macroeconomic factors will be key to future performance, However, the strength of the Euro and weaker outlook for the automotive sector may serve to depress future perfonnance. Industrial Solutions and Services (I & S) is one of the world's leading suppliers of electrical equipment and drives, as well as automation and IT solutions for a wide range of end-users from the metals and mining industry to the traffic control and guidance sectors, Over the past few years the business has increased its customer focus, providing a fully integrated end-to-end service, which has resulted in the growth in technology and e-business at I&S, Management intends further diversifying the business Siemens: December 2002 Fitch Ratings Corporate Finance presence in key regional areas such as Asia Europe and North America. The loss of EURI98m reported by the division in FY02, after generating a profit of EUR97m in FYOI , was largely due to the tough market conditions. The division also incurred a EURI52m charge relating to severance and restructuring costs in FY02, Management reduced the number of employees by 1 600 in FY02, resulting in a EURI18m charge, of which EUR35m was paid out during the year. A further 2 600 workers are to be relocated, with effect from January 2003, and additional unprofitable operations were closed, The employee relocation has involved extensive negotiations with unions and employee counsels, but will enable the group to cut costsby 15%, The agreement also included an additional landmark tariff clause relating to services not factory workers providing management with greater flexibility, Charges related to these actions will continue to depress profits for the foreseeable future, Performance was adversely impacted by reduced investment in the industrial sectors, resulting in a sharp drop in volumes in both divisions (Metals Mining and Paper Technologies/Infrastructure and Marine Solutions), The steep, 18%, contraction in the order book was partly due to the more discriminating process used in selecting new contracts, In view of market conditions, restructuring efforts have been accelerated including portfolio adjustments, cost cutting and capacity rationalisation. Management is confident the division will meet the ambitious EBIT margin targets set within the given time period. Following the restructuring, the division is expected to generate c.EUR4bn of sales and costs savings of c,EUR500m, with an employee base of c,000, Siemens Dematic (SD) was established in 2001 following the merger of Siemens Production and Logistics Systems (PL) and Mannesmann Dematic AG (Dematic), PL specialised in logistics IT while Dematic was a mechanical systems market leader, SD is now a leading market player in a highly cyclical sector withlow barriers to entry, having gained a competitive advantage over its peers through its ability to provide end-to-end solutions for logistics automation, During 2002 management successfully integrated the Dematic business acquired from Atecs in 2001 , the impact of a full year of contributions from this activity reflected in the 19% and 23% growth in sales and orders respectively, with orders boosted by the winning of a major, one-off contract from the US Postal Service, Excluding Dematic, year-on-year sales and orders fell due to the poor performance of the Electronic Assembly division which was loss making as a result of the ongoing weakness in the telecommunications sector. However, the significant reduction in contract loss provisions and other charges in FY02, which totalled EUR95m in FYOI , and improved project management in the Materials Handling division enabled SD to generate a profit in FY02. Whilst margins remained weak at 1,, the division is confident it will be able to reach the margin target range. Due to weaker market conditions in 200 management implemented the "ST AR Excellence Programme,Immediate measures included capacity adjustments and consolidation ofthe production base, with management hoping to achieve cost savings of c,EURlbn by 2004, The business will be refocused, with the Material Handling Automation operations comprising the majority of sales (c.75%) by 2006, The Electronic Assembly Automation Systems and Postal Automation divisions will comprise the balance with the former undergoing capacity adjustments and the relocation of businesses, Siemens Building Technologies (SBT) is a world leader in the provision of fire protection and air conditioning systems and services, Management is looking to expand existing activities into new regions and improve the product portfolio, using e-business as the main sales channel. Recently the business has established an Integrated Building Solutions Division the aim to combine facility management (FM) and general contracting for the construction industry, However, due to the weak profits generated by the FM operations the deicison has been taken to dispose of the business in 2003, Profitability improved in 2002 following margin erosion, exceptional costs incurred by the US Fire and Safety operations and rationalisation 3 STAR: Segments, key Technologies, Advanced processes and life cycle Return. Siemens: December 2002 FitchRatings Corporate Finance costs, which served to depress results in 200 Management has targeted profit growth via the standardisation of production facilities and acceleration of the implementation of the restructuring programme, These should help the business achieve the set EDIT margin objective aided by the sale of unprofitable operations, Increases in sales and orders of 12% and 10% respectively in FY02 reflected the impact of the acquisitions made during the year in Europe, the US and Brazil. Power New Total Op, margin (EURm)orders sales EBIT (%) FY02 586 446 582 16, FY01 219 563 634* FYOO 9,409 757 66- 270 EBIT: 232 FY99 016 931 133 FY98 973 325 PTD FY02 429 199 109 FY01 887 053 96* FYOO 566 151 45*1.4- 313 146 FY99 930 251 127 FY98 646 3,475 EBITA figures quoted unaudited figures This business provides a wide range of energy solutions, PG offers environmentally compatible power generation systems and services, and services for power plant projects, PTD provides systems for electricity plants to supply consumers, The businesses intend increasing their presence in Asia and Europe, markets that are being de-regulated; PG's business is largely concentrated in the US, Going foIWard the profile of the sales mix will change as US orders decrease from 54% in FY02 to an estimated 35% in FY03, this fall being mitigated by the increase in activity in Europe and Asia. The division comprises two operations as follows: Power Generation s (PG) main focus is the fossil fuel power plant market, which accounts for c.75% of divisional sales, Following the acquisition of Westinghouse Power in 1998, the division has established itself as the second largest global player behind ABB. The business has expanded its presence in the industrial turbines and power plants markets the acquisition of the Demag Delaval Group (part of Mannesmann Demag Krauss-Maffei AG, one of five Atecs Mannesmann companies) in 2000 strengthening this strategy, The division has expanded its hydroelectric and nuclear power operations through fonning joint ventures, Management aims to further expand and develop the business by increasing the proportion oflong-tenn contracts, forming more partnerships and continuing to pursue its acquisition programme, It also intends increasing the percentage of contributions from the services and IT solutions segments, which should help mitigate the slowdown in demand in the traditional industrial sector as follows: services and IT solutions from 16% and 2% in FY02 to 18% and 15% respectively in FY05, The dramatic rise in profits and margins to EUR1.6bn (EUR634m in FYOI) and 16, (7.4%) respectively in FY02 was largely due to booming power plant construction in the US and stable pricing conditions, operations benefiting from orders received in 2001. Despite the significant increase in profits, the group recorded charges related to the planned plant consolidation and capacity reduction programme. Profits were also boosted cancellation fees, updated estimates regarding project completion performance and one-off disposal gains. As a result of the projected slowing of demand following the boom management has plans to optimise production facilities and reduce capacities in line with needs, establishing initiatives to drive cost optimisation of EURlbn by FYE05, of which EUR900m has been achieved to date, The 10% rise in sales also reflects the conversion of orders received in prior years to revenues, Despite the impressive results activity slowed during the year, as reflected by the 13% drop in orders to EURIO.6bn (EURI2,2bn), due largely to the slowdown in the US gas turbine market, a key driver of the recent boom, Despite the anticipated changes in market conditions, most notably size of the global fossil fuel market, which is expected to stabilise at c,67 gigawatts (GW) in 2006 from a peak of 135GW in 2001, management confident that the division will achieve the target 10-13% EDIT margin range by FY03, Power Transmission and Distribution (PTD) is the number two global player with a 10% market share (number I: ABB, 16%), and is in a good position to maximise new opportunities in an industry currently being de-regulated, The business has strengthened its focus on the bundling of services and customer service, and aims to increase its presence in selected regions Siemens: December 2002 FitchRatings Corporate Finance (e, g, Asia) to maintain profitability by consolidating its manufacturing facilities and to reduce costs, The division reported a marginal improvement in profits and margins to EURI09m (EUR96m in FYOI) and 2,6% (2.4%) in FY02. Results were supported by the good perfonnance reported by the medium voltage, high voltage and automation operations, The negligible rise in profits was largely due to the EUR54m loss reported on the sale of the metering business to KKR, and a EUR34m severance charge relatingto portfolio restructuring and the ongoing disposal of loss making operations, Sales and order growth was primarily attached to a large order booked at the start of the year, the impact of the weak market conditions being reflected by the slowdown in sales and order book growth towards the year end. Despite the poor market conditions management is confident of achieving the EBIT margin objective set. The division geographical diversity, with c,86% and c.43% of sales generated outside Germany and Europe respectively, should help mitigate the adverse impact of the downturn in the US, Managementhas introduced a more selective order assessment process and measures to reduce costs and strengthen the product portfolio to help improve margins, The division continues to invest in R & D, develop new products and focus on asset management. Transportation New Total Op, margin (EURm)orders sales EBIT (%) FY02 247 367 247 FY01 647 021 186' FYOO 722 710 75' 996 FY99 130 970 FY98 527 523 373 FY02 515 623 FY01 702 702 261 FYOO 839 833 89' 839 2.4 FY99 267 267 159 FY98 784 784 147 EBITA figures quoted "unaudited figures This division s main focus is the development of new technologies and solutions to meet demands for greater mobility and to satisfy environmental issues, The business comprises two key operations: Transportation Systems (TS) is one of the world's leading suppliers to the rail industry as well as developing individual and turnkey products and solutions for a wide range of end users, In 1999, when the business was loss-making, management implemented a restructuring programme to strengthen the product portfolio, which includes modular vehicles for light rail and mainline systems and technology for driverless subways. Another key objective is to improve profitability, The unit aims to increase its geographical diversification, in particular in the rapidly expanding Asia-Pacific region and the Americas, This strategy was reflected by the division s greater presence in the Chinese mass transit market in 2002, The division continues to enhance its product portfolio and control costs via the standardisation of production and introduction of further cost reduction programmes, In 2002 the division completed the integration of Matra Transport International acquired in 2000, which will operate as Siemens Transportation Systems France going forward, Management established its own subsidiary in Prague in the Czech Republic during the year to manage the operations acquired in 2001 from rail vehicle manufacturer CKD Dopravni Systemy, In 2001 , in line with the restructuring progranune, the business completed the mergerof subsidiaries Siemens-Duewag- Schienenfahrzeuge GmbH and Siemens-Krauss Maffei - Lokomoti ven -GmbH. The healthy 9% rise in sales during the year was due to the conversion of the order book into revenues, including a significant EURI.6bn railcar and maintenance contract in the UK, Growth in profits and margins was ahead of this fruits of the restructuring and rationalisation programme implemented after the net operating loss reported in FY99, The order backlog totalled EURI I.2bn at FYE02 (EURllbn at FYEOl), with new orders totalling EUR5.2bn (EUR5,6bn), key among which are a EUR404m contract for a Dutch high-speed rail link and a 14-year, EUR305m full service contract for the maintenance of high-speed trains in Spain, In view of the healthy order backlog, which will help support future performance, and expertise management is confident the division will meet the 5-7% EBIT margin target range in FY03, However, the agency notes that the business remains exposed to project risk, e. specification changes, delays and cancellations, Siemens VDO Automotive (SV) is one of the leading global suppliers of automotive electronics and is either the number one or two Siemens: December 2002 Fitch Ratings Corporate Finance player in all key product areas. In 2001 the business merged with VDO to fonn Siemens VDO Automotive AG, strengthening and further diversifying the product portfolio. The full integration of these operations was completed in 2002, In line with the ongoing review of the portfolio and aim of improving profitability, management is targeting EURlbn of cost cuts by FYE04, The business also intends reducing R & D spend as a percentage of sales while continuing to develop new, innovative products, In view of these actions, the business has increased its focus on the fuel injection, driver infonnation sectors, and car body, safety and chassis electronics, Despite the difficult market conditions, particularly in the automative sector the business has managed to improve sales and strengthen its market position in all key automotive markets, most notably in Europe NAFTA countries and Asia-Pacific regions, The profit reported in FY02, following the loss in FY01 , was largely due to the benefits of the top+" programme implemented the previous year. Results were also boosted by the sale of the Hydraulik-Ring business and a full year of contributions from the Atecs, acquired in April 2001. The impact of this purchase is also reflected in the significant, 49%, growth in both sales and orders during the year, In FYO 1 results were adversely affected by asset write- downs totalling EUR90m; in FY02 the division reported charges for the write-downs of certain intangible assets, Going forward, management is looking for the division to maintain a leading market position in all the sectors in which it operates, whilst streamlining the portfolio and restructuring capacity, R&D will be focused on developing products requiring a short lead-time from conception to profit-making status, In view of the changes and strong position in niche areas management believes the business will be able to meet its FY03 EBIT target range, Medical New Total Op, margin (EURm)orders sales EBIT (%) FY02 8,425 623 018 13. FY01 8,444 219*808*11, FYOO 253 924 463'9.4* 061 441 FY99 165 080 337 FY98 997 706 142 EBITA figures quoted unaudited figures The Medical division offers a broad spectrum of products, solutions and services for integrated health care, Products range from technologies for accurate diagnoses and therapies, to services that increase efficiency in the medical world, The division holds leading market positions (number one or two) in all product areas, its key competitors including GE and Philips, This division focuses on the provision of integrated healthcare systems and is continually developing and launching new products, with roughly two thirds of the entire product range less than three years old. In 2001 its product portfolio was enhanced following the acquisition of Shared Medical Services and Acuson. In November 2002 management signed a joint venture agreement subject to anti-trust approval, with Drager Medical (Drager), a leader in the acute care market, which will further strengthen the business, To date, over 90% of the division business is concluded outside Gennany, the US accounting for a significant proportion, In 2002 the business reported a strong perfonnance benefiting from a full year of contributions from Acuson, with profits growing 26% to EUR1.018bn driven by the Imaging Systems operations, which is expected to remain the case in the future, Results over the past year or so have also been supported by restructuring and efficiency improvements. Going forward, market conditions may toughen, primarily due to the saturated US market, with the business potentially coming under pressure to provide more vendor financing to remain competitive, Despite some uncertainty surrounding market conditions management is confident the division can continue to improve upon and exceed the target FY03 margin range objective. Lighting: Osram GmbH New Total Op, margin (EURm)orders sales EBIT (%) FY02 363 363 365 FY01 522 522 462*10, FYOO 327 326 388* FY99 660 660 348 FY98 279 279 322 EBITA figures quoted unaudited figures The division is a world leader in the lighting market operating on a global basis, with over 90% of sales generated outside Germany in FY02, The business focuses on general lighting solutions, automotive and display lighting and specialised photo-optic lamps. Management has focused on specialised products which, despite higher upfront costs, generate greater Siemens: December 2002 FitchRatings Corporate Finance profits. The strategy to develop higher added value products was reinforced in 2001 when the division acquired Infineon s stake in a joint venture: Osram Opto Semiconductors. This acquisition has enabled the division to enter the rapidly growing light- emitting diode (LED) market, LEDs being used increasingly by the automotive and mobile communications industries where miniaturisation and longevity are key, The division has established good market positions in all regional markets, which it continues to strengthen, In the future, management intends increasing its presence in the lower cost emerging markets, which also offer greater dynamic growth rates, The business hopes to conduct an increasing proportion of business electronically, the US subsidiary acting as a model for this development with roughly one third of business carried out in this manner. In 2002, as difficult trading conditions continued particularly in the US, the division suffered from margin erosion especially in the opto- semiconductors business, with the increased focus , and sales of, higher value products in the Automotive Lighting business insufficient to offset this fall. Despite the weak outlook, management is confident of achieving the FY03 target margin range, Financing and Real Estate New Total PBT margin (EURm)orders sales PBT (%) SFS FY02 582 582 216 37, FY01 481 481 158 32, FYOO 354 354 22, FY99 277 277 27, FY98 131 140 SRE FY02 612 612 229 14. FY01 542 542 213 13. FYOO 1,410 420 201 14, FY99 518 158 108 FY98 084 unaudited figures This division operates on a global basis, providing corporate finance and risk management products including sales & investment financing and treasury financial services, the main end-users beingpublic international industrial and service companies, However, the division also provides services to private customers and internally to the six divisions, The increased use of electronic business is the key growth driver of the strategy to expand and maintain a balanced product portfolio, improve profitability and risk management. The increase in PBT reported by Siemens Financial Services (SFS) in FY02 was mainly due to healthy investment income in the Equity division, PBT in FYOI was boosted by the sale of equity stakes in Siemens Project Ventures in India which contributed EUR45m, Sales generated by the business largely comprise operating lease revenues and do not reflect the majority of the group activities in capital leases and other financial interests, Sales growth reflected improved net interest income and lower provisions reported by the Equipment and Sales financing business. The modest rise in sales reported by Siemens Real Estate (SRE) was largely due to higher real estate management and lease administration activity revenues, which served to offset the reduction in gains from the disposal of real estate compared to FYOI. Over 75% of sales are derived from rentals with the balance being from facilities services, Financial Analysis Accounting Policies On 1st October 2001 the group adopted US GAAP; prior to which it reported according to German GAAP, As a result, comparability of the group results for financial year ending 30th September 2001 with historical figures is limited. Key characteristics of German GAAP include: Cash flow: as is the case for the majority of non- UK European GAAP formats, cash flow is calculated on a derivative basis, i,e, works back from net income, adds back depreciation and corrects for changes in long-term reserves provisions and special tax reserve items, Revaluation of fixed assets: generally this is not allowed other than to calculate fair value on acquisitions diminished by standard depreciation. Hence, the fixed asset base is valued conservatively, Goodwill: amortised over its lifetime or offset against reserves without impacting the P&L. Stocks: can be valued on a moving average b!!-sis at the lower of cost and net realisable value, Provisions: deducted from the debtor book to reflect specific levels of bad and doubtful debt as well as a general provision, Of note are the following recent changes in accounting policies under US GAAP: SFASI41 , Goodwill and intangible assets: as of30 June 2001 the purchase method of accounting is to be used for all business Siemens: December 2002 FitchRatings Corporate Finance combinations initiated or completed after that date, SFAS142: requires goodwill and intangible assets with indefinite lives to be tested for impairment (at least on an annual basis) and are no longer amortised, SFAS142 also requires that intangible assets with definite useful lives are amortised over their respective useful lives to their estimated residual values, In line with this policy Siemens was required to reassess the lives of intangible assets and determined that none of its assets have indefinite useful lives. Siemens has adopted these two standards since the 1st October 2001. As at 30 September 2001 unamortised goodwill totalled c,EUR7bn and unamortised intangible assets EUR2.8bn, all subject to the above two accounting policies. Charges related to these policies amounted to EUR562m and EUR253m in FY01 and FYOO respectively, The group uses a component model (i,e. resultsfrom operating businesses are reported separately from Infineon, Financing & Real Estate and the effects of eliminations/ reclassifications, etc,), Previously, eliminationsof intra-company transactions and certain corporate reclassifications were included in operations, while corporate treasury activities were included in Financing & Real Estate. Earnings (EURm)FYO2 FYO1 FYOO FY99 Sales 016 000 396 067 Operating profit 754 825.4,415,311, Operating profit margin (%) EBITDA 880,4,439,8,472,032. EBITDA margin (%)10.12, The drop in sales in FY02 (see chart 4) reflects the challenging market conditions faced by the group during the year, in particular in the I & C and A & D businesses, Sales were supported by the good performances reported, most notably, by the PG, TS and Medical divisions, Results were also boosted by the full year of contributions received from acquisitions made in 2001 , notably Atecs, SMS Acuson and Efficient Networks, The 3% contraction in new orders during the year to EUR83.5bn (EUR86.1bn in FY01) was largely due to the weak demand experienced by the PG and TS operations which reported inflated order books in the prior year as a result of large one-off contracts, a characteristic of the industry. Chart 4: Group Turnover and Operating Profit Margin FY99 - FYO2 _Tumover -Operating Profit Margin ('!o) 100. 90 ~ ::;; 90 ~ 10 ~ 80, g; 60. !!!. 15 40. 20. FY02 FY01 FYOO FY99 Chart 5: Group Operating Profit and EBITDA FY99 - FYO2 _Operating Profit -EBITDA - 4 g; 3t1J ~ 2 11. 1 "Ii! 0 0 - 6 ~ 5 !& 4 ~ 3 ~t1J FY02 FY01 FYOO FY99 Profitability and margins improved in FY02 despite the weak market conditions and charges mentioned above, Siemens benefiting from the restructuring and rationalisation programmes introduced throughout the group, The operating loss recorded in 2001 was largely due to restructuring charges, asset write- downs (including redundancy costs and inventory write-downs) and contract loss accruals. Asset-write downs and other charges totalled c.EUR1.5bn in FY02 (c.EUR1.9bn in FY01), the majority of which were in the I & division (c.EURl.lbn (EUR1.7bnD. In FY01, the loss making situation was further inflated by 'other operating expenses related to the rise in amortisation and impairment of goodwill costs totalling EUR1.5bn (EUR448m in FYOO (as per restated US GAAP accountsD, in the mainly linked to the impairments related to the acquisition of Efficient Networks Inc and Milltronics Ltd during the year. Following the introduction of SF AS 142, Siemens ceased amortising goodwill at the beginning of 2002, the 'amortisation and impairment' recorded totalling EUR378m relating to the Access Solutions division ofICN, Exceptional items of EUR467m in FY02 (EUR4.460bn in FY01) followed the acquisitions Siemens: December 2002 FitchRatings Corporate Finance and disposals made during the period, Of note in 2002 was the sale of Unisphere Networks by ICN which generated a gain of EUR42 1m, In 2001 , charges relating to the impainnent of goodwill associated with the acquisitions during the year served to offset gains on the transfer of Infineon (see section titled: Infineon) stock and disposal of operations, The majority of the charges, which totalled EUR927m in FY01 , were incurred by the ICN and A & D divisions, Cash Flow and Coverages (EURm) Net cash generated by operations 5Net finance (charges) received Taxation Dividends paid Net operating cash flow Capex Acquisitions Disposals & fixed asset sales Cash flow pre-financing 2,651 -623 3,371 .367 Coverages Net fixed charge cover (x) Surplus Surplus Surplus Surplus EBITDAI net interest (x) Surplus 277.4 Surplus Surplus Net interest cover (x) Surplus Surplus Surplus Surplus Net debt: EBITDA (x) 0,1 0,9 0,1 0, FY02 FY01 FYOO FY99 130 6 267 5,1383 517, 321 185 975 389 -098991 -710 071 3,644894 -048 787 -3,404 097 5,682 910 -982,704 -599499 2,707 189-731, 690 -1 ,024, 11,492 1 956, The improvement in net cash generated by operations was largely due to the improvement in working capital management, notably control of receivables (down EUR1.763bn in FY02, and EUR1.797bn in FY01), The group also managed to reduced the accounts payable balance by EUR899m in FY02 following an increase of EUR467m in FYO1. The greater control of, and focus on, working capital management led to a positive movement of EUR3,254bn in FYOI in contrast to the negative EUR468m movement in FYO1. The growth in net finance charges reported by the group reflected the improved year end debt position despite the reduction in interest income due on advances ITom customers and advance financing on customer contracts, Ongoing pressure due to the economic slowdown resulted in greater control of capex and a year end reduction totalling c,EURlbn, if the effects of Infineon are excluded from the balance in FYO1. Going forward, management expects capex to be slightly ahead of depreciation. The pre-financing cash inflow reflects the impact of the EUR6, 1 bn funds raised ITom disposals in FY02 (EUR4.5bn in FYO 1), which included Rexroth, Unisphere and Hydraulik-Ring, The bulk of cash used for acquisitions went on the completion of the purchase of Atecs, resulting in a EUR3.657bn payment during the year following a EURI bn deposit paid to Robert Bosch GmbH in 2001. The notable reduction in tax charged to both the P&L and cash flow statement was in part due to the Gennan tax refonn in October 2000 and the consequent recalculation of the group s deferred tax balances, As a result, Siemens benefited from a one- off EUR222m tax reduction in FYOO, The reduction in its tax charge in FY02 and FYOI reflected the tax- ITee sales ofInfineon shares, Capital Structure 771 (EURm)FY02 FY01 FYOO FY99 ST debt 791 960 912 112, MT/LTdebt 10.555 650 222 989 Gross debt 346 12,610 134 101 Cash &11,595 593 872 397 Equivalents Net debt (cash)751,017,262,7040 Shareholders 521 832 640 821 funds Net gearing (%)14.4 30, Equity: the reduction in total shareholders' funds is largely due to the decrease in minority interests during the year ITom EUR4,02bn at FYEOI to EUR541m at FYE02. Excluding this, shareholders funds remained roughly stable, the increase in retained earnings being mitigated by growth in accumulated other losses.' The group has authorisation ITorn the shareholders to repurchase up to 10% of outstanding shares up to 16th July 2003, Management has stated that it currently has no plans to exercise this option. Debt: the fall in gross debt during FY02 corresponded with the decrease in capex during the year, with acquisition spend remaining roughly in line with the previous year. However, the healthy cash balance provides the group with a cushion and a good level of flexibility to meet short and medium tenn financial obligations. Siemens maintains a number of funding resources and back-up facilities as follows: Funding Resources: Commercial Paper (CP) Programmes: totalled USD3,Obn as at FYE02 (USD1.5bn as at FYE01) and EUR3,Obn (EUR1.6bn) in the USD and EUR markets, respectively, with a maturity Siemens: December 2002 FitchRatings Corporate Finance of less than 90 days, As at FYE02 the amount outstanding under all CP programmes was EUR94m (EUR2 I 4m), EMTN Programme: during 2002 the group raised the limits of its EMTN programme to EUR5bn (EUR3.5bh), At the end of the fmancial year c.EUR1.6bn (EUR1.8bn) was outstanding under the EMTN programmes. Back-up Facilities: Syndicated loan: as at FYE02 the group had a USD3,Obn syndicated loan, which matures in May 2007 Revolving Credit Facility (RCF): aggregate EURlbn facility, which matures in February 2004, provided by two domestic banks. RCF: EUR400m facility expiring in July 2006 provided by a domestic bank. As at FYE02 all these credit facilities remained unused, Following the issuance ofthe EUR4.0bn bond in two equal tranches June 200 I, with maturities of five and 10 years, the group s debt maturity profile is predominantly long-term (c,90% as at FYE02), In view of this and the relatively low level of debt maturing in the next 12 months, re-financing risk is minimal. Of note, is the fact that the CP and EMTN programmes, bonds and the back-up facilities do not have any specific financial covenants (e.g, interest cover, leverage) that could trigger early repayment or additional collateral support, This is true in all instances except non-payment of interest or principal. The improvement in the group s net debt position as at FYE02 was largely due to the reduction in capex and increased cash balance, boosted by the proceeds from the sale of Infineon shares, The numbers also reflect management's commitment to maintaining a strong financial profile. Off Balance Sheet Liabilities: the group had total future non-cancellable, operating lease payment obligations totalling EUR2.496bn as at FYE02 (EUR2,6bn as at FYEOI), of which EUR400m falls due in the next 12 months (EUR460m) , Fitch remains confident that the group will be able to meet these repayments in view of the extremely strong NFCC ratio. IntineonAs of the 5th December 2001 Siemens deconsolidated Infineon, significantly reducing the group s exposure to the highly cyclical and volatile semi-conductor sector. This move was the result of a series of actions to reduce the group s stake in the business from 71% as at the floatation in March 2000 as follows: April 2001: transfer of c,93,8m Infineon shares into the domestic pension trust, resulting in a pre-tax gain ofEUR3.459bn (EUR2.519bn after tax). July 200 I: completion of another share offering of 60m shares, realising a pre-tax gain of EUR484m, taking Siemens' interest in Infineon to c,50.4% at FYEOI from c,71% at FYEOO, IQ02: sale of23,Im Infineon shares resulting in net proceeds of EUR556m, reducing Siemens ownership to 47,1 %, December 200 I: transfer of 200m Infineon shares (28,9% of its share capital) to an irrevocable, non-voting trust under a trust agreement. As at end-2001 the group had a combined voting interest in Infineon of 34,1 % of which 13.2% was held by the group domestic pension trust. Other shareholders other than Siemens and its domestic pension trust own 39,7% of the share capital and hence have a controlling vote, January 2002: Sale of 40m shares resulting in net proceeds ofEUR966m, September 2002: Siemens' ownership andvoting interest was 39,7% and 33, respectively, As at FYE02 Siemens' net income included the group s share of the loss reported by Infineon during the year ofEUR453m (EUR263m as at FYEOI), Customer Financing Siemens, primarily due to its presence in the telecommunications equipment sector provides customer financing in line with market demand and industry practices. The group also provides direct vendor financing and guarantees for customers' bankloans, As at FYE02, it had approved and contractually committed EUR2,5bn (EUR2,5bn as at FYEOI) of financing, the bulk of which related to ICM and ICN project financing, Of this, EUR1.6bn (EUR1.7bn) was used either in providing supplier credits (c,EURl.Ibn (EURl.Obn)) or in the form of extended guarantees for bank loans. As at FYE02 roughly EUR936m (EUR800m) had been approved but not yet utilised for customer financing, At the end of 2002 the group was not in negotiation for any further customer financing requirements requiring Siemens: December 2002 Fitch RatiIlgs Corporate Finance the approval of the Executive Committee (i,e, more than EUR25m for investment grade customers, more than EURl2,5m for non-investment grade customers), Securitisation of Trade Receivables Siemens does not consider asset securitisation together with limited direct sales of receivables t banks, as a principal funding source, In view ofthis management has limited outstanding account receivables under both alternatives to roughly EURlbn, In June 2001, the group began selling short-term trade receivables through a revolving securitisation programme. As at FYE02 it had sold EUR4.553bn (EUR1.848bn as at FYEOl) in short-tenD trade receivables under this facility, In comparison, total receivables held in the portfolio amounted to EUR15.479bn (EUR17,954bn) of which EUR1.712bn (EUR1.988bn) were more than 60 days delinquent and EUR189m (EUR412m) reported as net credit losses, Siemens provides letters of credit to cover up to an additional 17% of losses on trade receivables, Whilst Fitch notes management's comments regarding this funding method, the agency will monitor the programme in view of the substantial amounts involved, In addition, the group provides a transaction-specific letter of credit to SieFunds to cover the business liquidity risk, management stating it is confident that the probability of these funds being drawn is minimal. The liquidity lines provided amounted to EUR222m as at FYE02 (EUR849m as at FYEOl), As at FYE02 SieFunds held accounts receivable of EUR249m (EUR815m), Pensions The majority of the group s pension benefits are organised through a defined pension plan, which covers all the domestic and the bulk of foreign employees. As at FYE02 the plan was underfunded by EUR5.0bn (EUR3.994bn total liability as at FYEOl), the increase in the shortfall largely due to the negative return on assets ofEUR1.2bn, driven by weak equity markets, To narrow the funding gap, the group made a voluntary cash contribution of EUR1.8bn in FY02, Further contributions of EUR800m, comprising EUR400m in cash and the balance in real estate, were made in October 2002, Major Debt Issues EUR2,5bn, 1 % convertible bond due August 2005 EUR2bn, 5% bond due July 2006 USDlbn, 6% bond due February 2008 EUR99lm, 5,5% bond due March 2007 EUR2bn, 5,75% bond due July 2011 Rating Rationale The ratings reflect Siemens' strong market positionsand product and geographical diversification. Management's focus on maintaining profitability and a solid financial profile, as well as on reacting to market conditions, was recently reinforced by the implementation of "Operation 2003 " an extension of the "10 Point Plan" introduced in 1998. Howeverthe group faces a significant challenge i~maintaining the momentum behind these programmes in view of the weak markets and diverse range of group businesses, The need to remain competitive may bring additional pressure, in particular in the Transportation and Medical divisions, to provide vendor financing, hence increasing the group exposure to the creditworthiness of certain customers, Fitch derives comfort from the group s low leverage, greater focus on working capital management and capex levels, Fitch considers that a rating upgrade is unlikely in the near tenD in view of the current market conditions and risks associated with the restructuring programmes, In particular, the agency will monitor the group s performance in relation to the objectives set, notably the EBIT margin range targets for each of the divisions under "Operation 2003", However Fitch notes that comfort might be provided from potential cash inflows from disposals, hence alleviating the pressure on the group s financial profile, A rating downgrade may occur if the group were either to experience significant problems in implementing the restructuring programmes or achieving margins within the timescales set or if it were to lose market position, The weakening of the group s financial profile, alongside other qualitative factors, including leverage ratios deteriorating to 1.5x, could trigger a downgrade, Siemens: December 2002 Fitch Ratings Corporate Finance Appendix 1 Aug July Key Events 1999-2002Date Event 2002 Sept May Siemens ownership interest in Infineon was 39,7% and voting interest was 33,3%, including the voting interest of Infineon shares in the Siemens German Pension trust. Siemens reduced its voting rights in Infineon to below 25%, Disposal of seven businesses to the private equity house Kohlberg Kravis Roberts & Co, loP, (K,R.), The divested activities will be owned by a new holding company: Demag Holding s,r.1 (Luxemburg), in which KKR will have a 81% and Siemens a 19% stake, Disposal of Unisphere Networks Inc. to Juniper Networks, inc. a Siemens company. In addition to the cash amount EUR208m of Juniper stock was received, Vodafone AG exercised its option to Siemens 50% minus two shares in Atecs. Amount EUR1,69bn USD375m (cash) EUR3,7bn (cash) EUR2,2bn EUR974m Net proceeds EUR839m EUR565m July Apr EUR484m (pre-tax gain)Completion of the takeover of Atecs-Mannesmann AG, the automotive and automation technology EUR3,1 bncompany, Acquisition of Efficient Networks, the global DSL leader, by ICN. Mar Sept Siemens: December 2002 EUR1,6bn (excl. debt) EUR3,459 (pre-tax gain) EUR780m USD2.1bn CHF5,8bn (USD3.5bn) EUR6,1bn USD1.4bn EUR740m DEM2bn (EUR1bn) EUR767mEPCOS AG share offer. The offering consisted of 42,6m shares at EUR31 per share plus an over- allotment option of 6.4m shares and a capital increase of 3,3m shares. Established Unisphere Solutions, Inc., to develop converged voice/data and Internet networking solutions, The business will be part of ICN. Acquisition of the industry segment of Switzerland's Electrowat! AG, establishing Siemens as aworld leader in the building technologies market.Aug Acquisition of Westinghouse Power Generation from CBS, NB: Siemens has the option to acquire the remaining stake either at the option of Mannesmann or Siemens from the date of closing through to 30.09,02 or 31.12,03 respectively. Purchase price for both options is between Eur3,7 -8bn. Siemens plans to exercise the option. .. The group also carried out a 36.5m share stock transaction Jan Siemens exercised its option to sell its remaining stake in Rexroth AG to Robert Bosch GmbH. Then business has been accounted for as an asset held for sale, no gain/loss was recorded on disposal. Sale of 40 million Infineon 'shares, via the group s Dutch subsidiary Siemens Nederland N.v" at EUR24.35 per share, Jan 2001 Sept Aug Aug Siemens' shareholding in Infineon was roughly 50.4%. Disposal of the automotive supplier Sachs to ZF Friedrichshafen AG, Osram GmbH acquired all Infineon shares in their joint venture, Osram Opto Semiconductors GmbH & Co, OHG, Additional offering of 60m Infineon shares, SFR2,5bn (EUR1,72bn) April Apr Transfer of c,93,8m Infineon shares into the domestic pension trust. Jan Completion of the merger of the nuclear power businesses of Siemens and Framatome 2000 Nov July Mar Acquisition of Acuson, a leading ultrasound provider, by the Medical division, Acquisition of Shared Medical Systems Corporation by the Medical division Disposal of Cablecom by Swisscom AG, Veba Telecom GmbH and Siemens Schweiz AG to NTL, Mar Feb Listing of Infineon on the NYSE, Siemens retained a 71% stake in the company, Disposal of the entire fibre-optic cable and optical fibre business, including data cables and premises, to Corning Incorporated, New York. 1999 Dec Disposal of Siemens Nixdorf Retail and Banking Systems GmbH, to a consortium comprising KKR and GS Capital Partners III, L,P" the private equity arm of Goldman Sachs & Co. Disposal of the entire Electromechanical Components Group (EC) to Tyco International.Nav Oct Fitch Ratings Corporate Finance SIEMENS AG (c. (EURm) 30/09/2002 30/09/2001 30/09/2000 30/09/1999 Intangible Assets 843,771.367,3,430,Land & Buildings 954.816.053.828,Other Fixed Assets 788.987,897.570.Equity In Associates 120,354.10,614.10,465.Loans to Associates Other Investments 972.0 960.182.769.Other Non-Current Assets 317.354.2,473,776, NON-CURRENT ASSETS 33,877.39,105.35,586.30,840, Inventory 13,605.16,827.20,785,132. Trade Receivables 882.16,115,176.186.Other Debtors 711.0 306-949.578.Due From Group Companies 202.593. Prepayments & Accrued Income Other Current Assets Cash, Deposits & Liquid Invsts 595.593.872.0 397. CURRENT ASSETS 46,995.54,434.57,782.40,294. TOTAL ASSETS 80,872.539.368.71,134. Borrowings & Lease Liabilities 103,637,912,112,Customer Prepayments/Deposits 987.741.113.10,998,Trade Creditors 649.10,376.9,463.868-Fiscal Authorities 319.192.847.1,494.Due to Group Companies 372.997.853.444.Other Creditors 009.271.560.917.Accruals & Deferred Income 206.731, CURRENT LlABILITES 645.945.33,748,26,834. Borrowings & Lease Liabilities 243.973.222.989.Other Creditors 476.365.13,739.11,825.Provisions 8,446,7,424.019.665.NON-CURRENT LlABILITES 19,165.17,762.33,980.27,479. NET ASSETS 062.832.640.821, CAPITAL AND RESERVES Minority Interests 541,020-2,412,949.Other Near Equity TOTAL NEAR EQUITY 541.020.2,412.949.Preference Share Capital Issued Ordinary Shares 671.665.505.1,487.Share Premium Account 053.901.622.5,481.Revaluaijon Reserve Other Reserves Profit & Loss/Revenue Reserves 797.246.101.903. TOTAL EQUITY/MINORITY INTERESTS 24,062.832.640.16,821. Debt Schedule Debt Priority Lease Liabiliijes Secured 12.79.106.113.Unsecured 334_531,028.988.Convertible Subordinated Debt Source Bank 613.1,406,1,425,050.Non-bank 10,733.11,204.709.051.Total Debt 346-610.134.101. Debt Maturity Less than 1 Year 791.960.912.112.1 To 2 Years 2 To 5 Years 152,328.940.003.More than 5 Years 091.142.282.986.Total Debt 346.12,610,134.101. Cash & Deposits 595,593.872.0 397,Net Debt / (Cash)751.017.262.704. Siemens: December 2002 itchRa tings Corporate Finance SIEMENS AG (c. (EURm) 30/09/2002 30/09/2001 30/09/2000 30/09/1999 Income Statement Turnover 84,016,87,000.78,396.67,067.Operating Costs 60,810,895.54,972.0 -48,007.GROSS PROFIT 206.23,105.23,424.19,060. Selling, General & Admin Costs 274.23,422.354.17,272,TRADING PROFIT 932.317.070.787. Other Operating Income/(Expense)178.508.345.-476.OPERATING PROFIT 754.825.415.311. Share of Profits from Associates Profit on Sale of Tangible FA Other Investment Income Other Income Exceptional Items (Non-Operating)1,403,4,460.342,175. PROFIT PRE-INTEREST 157.635.757.487. Interest Receivable 061.964.070.640.Interest Expensed 743.953.940.760.Other Financing Income/(Expense)598.560. PRE-TAX PROFIT 475.646.289.806. Taxation 849.781.908,982. PROFIT AFTER TAX 626.865.381.824.Minority Interests 29,191.Extraordinary Items 520.Preference Dividends Ordinary Dividends Payable RETAINED EARNINGS 597.056.901.824. Cash Flow EBITDA 880.4,439.8,472.0 032.Working Capital 254.-468.531.829,Other Operating (cash-orientated) Adjustments 004,296.803.685. NET CASH GENERATED BY OPERATIONS 130.267.138.517. Net Finance Charges Paid 321.185-975,771,Taxation Paid 389.098,910.982.Dividends Paid (net of Receipts)991.710.704.599. NET OPERATING CASH FLOW 071.644.499.707.Capital Expenditure 894.048.189.731,PRE-ACO./DISPOSAL CASH FLOW 177.3,404.690.024.Proceeds from Fixed Assets Sales 218.207.352.Business Acquisitions 787.898.169.063. Business Disposals 097_1,475.140.956.Cash in/(out) flow from Invmts 272.0 262.764.Others 782. CASH IN/lOUT) FLOW PRE-FINANCING 651.623.371.367.Shares Issued 81,233.000.Other Non-Debt Funding 52.321.Debt Decrease/(Increase) from FX 118,95.61.46.Other Non-Cash Movements 416.186.062.271. NET DEBT DECREASE/(INCREASE)266.481.442.270. Opening Net Debt 017.536,704,4,434.Net Debt Increase/(Decrease)266.2,481.3,442,270.Closing Net Debt 751.017.262.704. Siemens: December 2002 Fitch RatiIlgs Corporate Finance SIEMENS AG (c. (EURm) 30/09/2002 30/09/2001 30/09/2000 30/09/1999 RATIO ANALYSIS Earnings/Profitability Pre-Tax Profit/Sales (%) Effective Tax Rate (%) Pre-Tax Profit/Average Equity (%) Profit after tax/Average Assets (%) Coverages Net Fixed Charges Cover (x) EBITDAINet Interest (x) Net Interest Cover (x) Ordinary Dividend Cover (x) Cash Flow Net Debt/EBITDA (x) Net Debt/Net Cash from Operations (x) Net Cash from Operations/Net Cash Interest Exp. (x) Capital Expenditure/Depreciation (x) Net Cash from Operations/Capital Expenditure (%) Working Capital Cycle (Industrials) Average Inventory Held (days) Average Trade Debtors (days) Gross Cash Cycle (days) Average Trade Creditors (days) Net Cash Cycle (days) Financial Structure Secured and Lease DebtITotal Debt (%) Current DebtITotal Debt (%) Net DebtlTangible Equity (%) Additionallnfonnation Contingent Liabilities Cash in Restricted Access Account & JVs Depreciation Amortisation Interest Capitalised Hire/Lease/Rent Costs Operating Exceptionals in Operating Costs Staff cost/sales (%) 24.4 29.36.35. 13.24. 114. 18,277.4 15.25. 114.-4, 0.4 16.29. 91.107.4 125. 65.76,82. 156.183.208. 57,56-54. 99.4 126.154. 17.20.31.43. 22.35. 155.598.840.373. 126.775.057,721. 1,489. 27. 32.31,33.33. Copyrigh! i:) 2002 hy Filch, Inc. and Fitch Ralings, Ltd. and its subsidiaries. One State Slrcct Plaza, NY, NY 10004, Tclephonc: 1-800-753-4824, (212) 908-0500. Fax: (212) 480-4435. 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Due to the relative emciency of eleelronic publishing and distribution, Fitch research may bc available 10 electronic subscribcrs up to three days earlier than 10 priot subscribers- Siemens: December 2002 FitchResearch Page 1 of FitchRatings :fifllf!/tIItFitchResearch IlUICKStARCH Te~t quicksearch tips adval Home Portfolio Sectors Ratings Research Surveillance My Account About Fitch Welcome, Jason Keil You are logged in as: jkeil1 I Logout Click Here for Printer-Friendly Version Personalize: Layout Content Fitch Assigns 'A+'/'F1' Ratings To Siemens RatinQs 13 Dec 20026:38 AM (EST) Fitch Ratings-London-December 13, 2002: Fitch Ratings, the international agency, has today assigned a Senior L rating of A+' and a Short-term rating of F1' to Siemens AG (Siemens), a leading global engineering and technolo~ manufacturing a wide range of industrial and consumer products, The Outlook is Stable. The ratings reflect the group s leading market positions in several sectors, supported by product and geographical which is helping to alleviate the adverse impact of the downturn, particularly in the Information & Communications and industry cyclicality. The company has undergone several restructuring initiatives since the introduction of the "10 Point Programme" ir most recent of which is "Operation 2003," In December 2002 management re-iterated its commitment to the objec in this programme, in particular the EBIT margin targets, while acknowledging the ongoing difficult market conditio challenge entailed in generating maximum efficiency from the diverse range of operations, The main focus of thes is to improve profitability and strengthen and streamline the product portfolio, The strategy culminated with the de( Infineon Technologies (Infineon) in December 2001 following a series of actions to reduce the group s stake in the July 2002 this strategy was reinforced by the disposal of a portfolio of seven businesses to private equity house K, & Roberts, for EUR1,7 billion with the group retaining a 19% stake. Management's willingness and ability to react to the changing market environment is reflected by the introduction, efficiency programmes targeting savings of EUR3,5bn by FYE03 and EUR1 bn by FYE04 in the I&C and Automoti' businesses respectively, The group has also implemented an initiative to increase the its focus on asset managen particular capital expenditure and working capital. These are key drivers of Siemens' Economic Value Added (EVJ was first introduced in 1993. The group s continuing market leadership in virtually all sectors and strong leverage ( ratios support the Stable Outlook. Net debt at FYE02 was EUR751 m compared to EUR4.0bn at FYE01. The reduction was largely due to disposal p tighter capex and working capital controls, As a result, creditor ratios have remained consistent with the rating cat! leverage ratios maintained at a low level of 1x at FYE02 (O,9x at FYE01), In June 2001 the group issued bonds EUR4bn, the proceeds from which were used to repay short-term liabilities and refinance outstanding debt in the ( following year. The agency considers that a rating upgrade is unlikely in the near future, in view of current market conditions, risk:with the restructuring programmes currently in place and ambitious EBIT margin targets, most notably in the I&C agency gains some comfort from management's ability to reduce capex, improve working capital movements and address changes in the market. A downgrade may be considered in the event that the group were to experience s problems in carrying out the restructuring programmes or in achieving target margins within the time scales set. TI monitor the group s progress in relation to this , and will consider it alongside other factors such as a weaker finaneincluding leverage ratios deteriorating to c,, and qualitative factors such as the loss of market positions, This rating was initiated by Fitch as a service to users of its ratings, A full rating report is available at the Fitch ratir ContactJanet Fisher, London Tel:+44 (0)2074176334, Stuart Reid, London, Tel:+44 (0)2074174323 Media Relations: http://www.fitchratings.com/creditdesk/pressJeleases/detail. cfm ?pr - id=78 1 09 10/2412003 FitchResearch Copyright (9 2003 by Fitch, Inc" Fitch Ratings Ltd. and its subsidiaries. Terms of Use Disable PopuP Menus http://www .fitchratings.com/creditdesk/press _releases/detail.cfm?pr - id=78 1 09 Page 2 of 10/24/2003 ATTACHMENT TO RESPONSE TO REQUEST NO. LEAFLETS -- see file