20111227Electric Service Agreement.pdf

~ROCKY MOUNTAIN
.~ ~2:f~!30RP
RE ¡vr:
2011 OEC 23 PM 3: 2 l 201 South Main, Suite 230
Salt Lake City, Utah 84111
December 23, 2011
VL ELECTRONIC FILING
AND OVERNIGHT DELIVERY
Jean D. Jewell
Commission Secretay
Idaho Public Utilties Commssion
472 W. Washigton
Boise,ID 83702
Re: Case No. PAC-E-II-12
In the Matter of the Application of Rocky Mountan Power for Approval of Changes to
its Electrc Service Schedules and a Price Increae of $32.7 Milion, or Approximately
15.0 Percent
Dear Ms. Jewell:
Please find enclosed an original and seven copies of the executed Electrc Service Agreement
(ESA) between Rocky Mounta Power and Monsanto. The ESA has been updated to
incorporate the curilment values specified in paragraph 14 of the Stipulation.
If you have any questions regarding ths filing, please contact Ted Weston, Idao Reguatory
Manger at [phone].
Ver truly yours,
" t:; 1 (4 f r1
LI ~ WI
Jehr y . L sen ,,'
Vice President, Reguation !
cc: Service List
CERTIFICATE OF SERVICE
I hereby certfy that on ths 23rd of December, 2011, I caused to be served, via e-mail
and/or US mail, a tre and correct copy of the foregoing document in PAC-E-11-12 to the
followig:
Eric L. Olsen
Racine, Olson, Nye, Budge & Bailey,
Charered
201 E. Center
P.O. Box 1391
Pocatello,ID 83204-1391
E-Mail: eloêracinelaw.net
Tim Buller (E-mail Only)
Agrum, Inc./Nu- West Industres
3010 Conda Road
Soda Springs, il 83276
E-Mail: tbullerêagrum.com
Neil Price
Deputy Attorney General
Idaho Public Utilties Commssion
472 W. Washigton (83702)
POBox 83720
Boise, ID 83720-0074
E-Mail: neiLpriceêpuc.idaho.gov
Anthony Yanel
29814 Lake Road
Bay Vilage, Ohio 44140
E-mail: tonyêyaneLnet
James R. Smith (E-mail Only)
Monsanto Company
P.O. Box 816
Soda Springs, Idao 83276
E-Mail: jim.r.smithêmonsanto.com
Ronald L. Wiliams
Wiliams Bradbur, P.C.
1015 W. Hays S1.
Boise ID, 83702
E-mail: ronêwillamsbradbur.com
Radal C. Budge
Raine, Olson, Nye, Budge & Bailey,
Charered
201 E. Center
P.O. Box 1391
Pocatello,ID 83204-1391
E-Mail: rcbêracinelaw.net
Bra Purdy
CAPAI
2019N.17thS1.
Boise, ID. 83702
E-mail: bmpurdyêhotmaiLcom
Benjam J. Otto
Idaho Conservation League
710 N. 6th S1.
P.O. Box 844
Boise, Idaho 83702
E-mail: bottoêidahoconservation.org
Brubaker & Associates
16690 Swigley Ridge Rd., # 140
Chestereld, MO 63017
E-Mail: bcollns(iconsultbaLcom
Don Schoenbeck
RCS, Inc.
900 Washington St, Suite 780
Vancouver W A, 98660
E-Mail: dwsêr-c-s-inc.com
AneisoiJ~ ~
Coordiator, Reguatory Operations
or-r'El~\.!,-\... =,f
201 l OEC 23 PM 3: 28
ELECTRIC SERVICE AGREEMENT
BETWEN
ROCKY MOUNTAIN POWER
AND
MONSANTO COMPANY
THIS ELECTRIC SERVICE AGREEMENT (~Agreeent), efctive as of January
1, 2012, by and ben PacifCorp, an Oregon corporaion doing busines as Rocky
Mountain Power that provides electc service in the St of Idaho (hereinaftr referred
to as ~Rock Mountain Powet'), and,Monsanto Company, a Delaware corporation that
owns and operates an elemental phosphorus plant at a site near Soda.Springs Cit in
Caribou County, Idaho (hereinafr referr to as "Monsantoj. Rock Mountain Pow
and Monsanto are also referred to herein indivually as a "Party" and jointly as
"Partes."
WITNESSETH:
WHEREAS, Rock Mountain Power Is currntl the provider of retail electc
energy and power to Monsanto's elemental phosphorous production facilites loca at
Soda Springs, Idaho (the "Plant), and
WHEREAS, PaciCorp and Monsanto had previously entere into an Interim
Elecc Servce Agrement dated June 1. 2011, which expires on December 31, 2011,
and
WHEREAS, Monsanto desire to purcase elecric powr and electric energ
requirements for the Plant under this Agreement, and
WHEREAS, Rocky Mountain Power desires to be the exclusive provider offill,
electc power and energy to Monsanto's Plant, and
NOW, THEREFORE, the Parties agree as follows:
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Sl9pn 1 iläDllon.
AsuselnthlsiAgreement,the followngterrs have the meaningsJspèifed.
Definitions relatlngtoi. OperaingJ~esrves.and' systeml~~~~ar(fEconoriC
Curtilment are contined in Exhibits A andB, and are incorporated in this l\reement
by rerence.
1.1 Billing Piriod ' means the period of approximately thirt (30) days
intervning betwen reular successive meter reading dates.
1.2 .Q, means calendar day, Pacific Prevailng Time.
1.3 Demang meEins the rate in kilowatt at which electc energy is delivered
by Rock Mountain Powr to Monsanto averaed over a fieen (15rminutJpêriodOf
time.
1.4 EllCç SerYjce. Eiylations means Rocky Mountain Power's currently
effece elecservicerules and reulatons, on ,file with and apProved by the Idaho
Public Utilites Commision (~Commission")1 as they may be amended or supersed
from time to time wit the approval of the Commission.
1.5 Firm' Powr ing Enirgy means electric powr expreed. in kilowtt and
associated energy expreed in kilowatt-hours Intended tohaveassurea"allabUitto
Monsanto to meet that porton of Monsanto's, load requireentsspecified irfthis
paragraph. In'this'Agrement, Firm Powr shall be ,thetotliMtl~~redREl~Elri,inany
Billng Penod less the Interruptible Power as measure at the PolntofDelivry.Firn
Energy during any Billng Period shall be the total energy, in kilowat-hours, delivered,to
Monsanto in the.Blling Period less the Interrptible Energy and les any. Replacement
Energ.
1.6 Interrptible PoVJr ang Energy means elecc, power eXPreed. in
kilowa and associated energy expressed in kilowatt-hours made availaQleto
MOrisanto to meet the portion of Monsanto's load requirementssubjectto Interrption of
delivery at Rock Mountain Power's option as set forth. in Exhibit A and B .of this
Agreement. Interrptible Power shall be the first 162 megawatt of Measure Demand
in any Biling Period. Interruptible Energy delivered to Monsanto during any Billing
Period shall be ,the amount of energy, inkilowat..hours, delivered to MOnsanto equill to
the number of hours in the BlllngPeriodmultipliedbythelntrrptiblePawr aridless
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any Replaçeent.'Energy.
1.7 Meäsuredliemandmeansthe DeandinkilowatlslIPplledbyTROó
Mountain Poweras shown by or computed frm th redings of Rocky Moullin
Powr'spowermeter(s)representing Monsanto'sgretestusedünng
1.8 Mons,oto Electcal Facilites means all. facilities. and equiPrTE:iit\fil'
Monsanto's 138 kV substation at it Plant exceptforRocMoûntainPowêr'šmetElring
equipment, under~frequency relays, capacitors and any other equipl1entownedby
Rocky Mountain Powr and instlled in. Monsnto's ,substation under the terms ,and
conditons of this Agreement "or any other agreement.
1.9 Point of Deljyry for all power and energy delivere to Monsanto means
the ,termination of. Rock Mountain Power's two 138 kV transmission lines at Monsanto's
substation located approximatelyelghtmll'lfromRock MountainPow~~sS~~
(Idaho) hydroleccsttlonln Cariou Count, Idahoior.suchother point(s).QfTniteng
as Roc Mountain Powr and '. Monsanto shall,agree.
1.10 Prudent Eleccal Practices means those practces, . methods and
equipment, as changed frm time to time, that are commonly use in prudent elecncal
engineenng and operations to operate electnc equipment lawflly and wih safe,
depedabilit, effciency and economy and that are in accrdance wih the IEEE
Standards, the National. Electncal'SafetyCode .orthe. NatiOOliIElee:ri~~~~or any
oter applicable government coe in effect dunngtheterm.oUhis Agrel1E:nt
1.11 Replacement Energ Charge means the' charg for RøplacenientEnergy
caculated in accrdance with Section 4.1.3 of this Agrement.
1.12 Retail Customer means a Rock Mountain Powr customer who
purchases electnc power and energy for its own consumption (i.e., not for resale).
1.13 Termination' Date means the hour ending 2400 on' December 31 of the
year established in paragraph 2.1.
1.14 Total'Contract.Demanrf means the speifedDem~ndinkilO¥attsthat
Monsantocontractwlh Rock Mountain Powr to supply and that Rocky Mountain
Power agre to have available for delivery to Monsanto. Monsntomäyreuirethe
deliver of such amounts of Firm and Interrptible Powr as Monsanto may reuire to
meet Monsanto's load reuirements up to, but not in excess of, the applicable Total
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Contract
accrdance with the ,terms of this Agrement.
1.15 WECC means.thWestem
organizaion which assumes esentially the, same functions as the
Coordinating, Council.
',etlon2: Ten¡B'oPt'"
2.1 Term. The te'rr~~isAgrem~~ti¡dall~\forape~~
commencing January 1, 2012, and ending on thhOUr~n~i~~\~8()onge,/m
2013 (the "Term"). After the Termination Date, RockMountainRowrsna ntif'Uè
to provide any elecri service to Monsanto as speifed in Idaho Electc Service
Schedule.No. 400 or its succssor then in ef untll.such.time as the Commission
establishes or approves other terms and conditions and pnce.
2.2 Repeners and Pnce Adjusbnents. The charges speciftein
Secn 4.1 of this Agrement shall be adjuste so that the charges equal the
Commission-approved rates applicable to Monsanto, including,butn()tlimiteto.
customer chrges, demand charges, energy charges. surcarges".andêreit, as
specifed in Idaho Electc Service Schedule No. 400 or it succssor. Adjustment to
the charges in Secton 4.1 of this Agreement shall become effecve on the effective
date of any adjustment to Electnc Service Schedule No. 400 resulting from any general
rate case or other filing by Rocky Mountain Power; provided, howver, that no
adjustments to Electnc Service Schedule No. 400 shall go into eff prior to January 1,
2014, excet as provided in the Stipulation dated October 17, 2011 entered into
betwn the partes for the purpose of seting Rock, Mountain' Power Case NO.,PAC-E-
11-12.
2.2.1 This Agreement may be repened and modifed by the Commission,
upon application of either Rocky Mountain Power or Monsanto, in the followngevenl:
(i) direc acc to wholesale elecncit markets is implemented in the state ofldaho
and, available to Monsanto; · or (ii)the WECC amends the quantit or reuiremef'.ôf
either the contingency reserve ,or,frequency'.response reserve cômponent. of Operating
Reserves or otherwse modifes Opeting Reserves reuirements in a manner that
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materially affec the availabilit or valuation of Operating Resrves under this
Agreement.
2.2.2 ,Rocky. Mountain Power may apply to the Commission for a
modffcation "of thi$..,Arement.'if'R0ck..M.ountain.,powr..dernon'~t~?t~at.(i)(Mpnslnto
has, shut down one or more of it furnaces for economicreas()nsforaperi/Qf9
months or longer, excluding shut-downs forrnaintenance, repair ofc;plt1
improvements. and, (ii) PacifCorp, is. materially financially harmed . by I'sôrrofsuch
reducton in fumaceload, taking into accunt the price that could be obtained by Róçk
Mountain Power in a market sale of the energy available from the reuce load, among
other things. Roçk.Mountain Power shall bear the burden of satisfyng thes
conditons. The Commission shall determine whethr these conditions have ben
satisf and whether and in what respect this Agreement may be,modlfie.toaddref:
the change in Monsanto's fumaceoperations and the financial harm to R() Mount¡in
Power.
Should Monsanto reduce.it fumacoperations from the existing,~
fumace level by one fumace or more for a period of 60 contnuous days or more,
Monsanto agre to provide Roçk Mountain Power with reular status updates and
reasonable advance ,notice before reuming the operationofsuchfumaceQrfLrmice.
Section 3iPurcha.eand Sale 0' Pow,r
3.1 SCpe of Deliveries. Rock Mountain Power shaU deliversuch amounts of
power and energ to the Point of Delivery as Monsanto requires to meet it load
requireents up to, but not in excess of, Total Contract Deand, subject to the
provisions of Exhibits A and B. SubjecUo the interrption and curtilment provisions of
Exhibit A and B. Rock 1\0untain PowershaUuseits reasonablebElteffort to supply
Monsanto's Interrptible Power and Energ requirements.
3.2 Delivery Voltage. Rocky Mountain Power shall deliver powr and energy
at the Point of Delivery in the form ofthree-phase, altematingcurrent ala nominal
fruency of 60 cycles per secnd, and at a nominal voltge of 138,000 volt, in
accrdancewithiPrudent Eleccal Practces. Excetduririgtemporaryenirgency
conditions,.Rocky Mountain Power shall maintain volage withlnthéllmitof,5 percnt
5
above and 5 percnt below a normal operating voltge, such normal voltage to be
established by Roc,MountainPoVrfrorntimeto,til'euponresonã . 'to
Monlanto, bef.ntfelimitof1~Q,OOOvolt and 13S;()Q,Y91l./Rocky "" 01.
Powr,.reserveStfe+ri9httomodrfthevoltge\stãnciirdl\intlísSeetiontgtçantQrmto
changesJnapplicable ANSI standards.
3.3 Recte+Requirements.. Monsanto shall contrl and limit the flow of
reace powerbetwn Rock Mountain Powr's and Monsanto's system so as to
maintain a Powr Factor in accrdance wit Section 4.1.4.
3.4 Phas Sal.nee. Monsantoshallbalanee it loads amgng(phales t()tte
extent practicable. If thedifl'ce ben maxmum and minirnumphaseloads
regularly or fruentlyexces 10. percent, base upon, a defined place of
measureent, Rocky Mountain Rower , may requlrethatMeasure Demands be
deterTined on the basis of thre times the load in themaximumphase.
3.5 Wave Form. In the design, selecion, and opration of equipment using
electc,powr, Monsanto shall observe due precautionst() avoid distortol' ()wâeform
that, reacting through.the system of Rocky Mountain Power, ,may result in interference
to operation of telephone systems or in other injurious eff to Rock Mountain
Powr's ,eleccal system or other Retail Customers. If such advers effct result at
any time fromdiltol'ion of wave form by causes originating in the Monsanto Electcai
Facilities, Monsanto shall remeciate such effecs in accrdance wit Secton 3.7 of this
Agreement.
3.6 Cooperation in Opetion.
3.6.1 Monsanto shall endeavor to supply Rocky Mountain powr in
advance wih information as to conditions afcting Monsanto's powr load that may aid
Rocky Mountain Power in load dispatching and in planning Rock' Mountain Powr's
powr system ,operaion, such as the probable times and durations of substantial daily
load' changes. Following an unexpected furnace outage, Monsanto shall notif Rock
Mountain Power's dispatcher as quickly as ,posible of the exped. duration of such
outge. Such estimates or advanc information shall not be binding on eiter Part.
3;6.2 Rock Mountain Power shall holdinrêrVesûfcientgenefir'
capacit to supply Monsanto's anticipated load requirements fora period not ,to exce
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thirt (30) minutes beyond Monsanto's estimated time of load Incrase. If Monsanto's
load reuirement have not beun to Incrse wiin such thirt (30) minute period,
Roc Mountain Power may sell or otherwse dispose of such reerv capacit as
surplus energy until such time as Monsanto is ready to Increse load. However, if such
a sale is made, Monsanto may not Increse load until such. sale can be terminate or
Rocky Mountin Powr is able to obtain additnal capaci through some other means.
Such reriction to Monsanto's load shall not be accunte for as curtilment, but shall
not exend more than one (1) hour beyond the time Monsanto is ready to increase load.
3.6.3 In order to administer the terms and conditions of this Agrement,
Rock Mountain Power and Monsanto shall 'each designate frm time to time in wriing
their respeive representatives for the purpose of giving and reiving informal
communications require under this Agreement.
3.6.4 Rocky Mountin Power. acknowledges that Monsanto's electc
furnaces require ,shutdowns for maintenance and overhauling, and'it is the'iîîentofthe
Parties that such shutdowns and conseuent reucton of power reuirements be
preetermined Insofr as posible by agrement betwn the Parties. Except as
otherwse provided in Exhibit B, Monsanto shall provide Rock Mountain Power with
notice of all planned shutdowns of the furnace.
3.7 Remediaton. In the event Monsanto's operaions fail to'complý with
technical requirements of this Agrement or the Electc Service Regulations, or
adversely affct the operation of Rock Mountain Power's transmission or distribution
system or other 'Rock Mountain Power retail customers, Rock Mountain Power will
promptly give Monsanto written notice thereof. Witin thirt (30) days afer such, notice
a working team wil be formed wi members designated byeach'Part. The working
team will then consult and meet as neeed to identif and agre upon: (1) the nature
and extent of the alleged problem or defciency; (2) the cause and responsibilit for th
problem; (3) reasonable alternative solutions together wi th cots and
implementation time associated wi each; and (4) a mutually accptable remedial
acton plan. If the Partie fail to agree, either may petiton the Commission to relve
any disputes, which determination shall be binding.
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Any remedial acton agre upon by the ,Parties or determined by the
Commission shalt be promptly undertaken and pursued to copleton. Should
Monsanto fail to take corrcte acton wiin thirt (30) days ,afr the established start
date, Rocky. Mountain Power may perform. the neceary acton and.' Monsanto ,shall
reimburs Rock Moul1tain Power the reasonable coststheref.
Sectlon4:Paym,ntf2Pø.r and.Eneray
4.1 gitermlnatlonof BillogAmounm.
4.1.1 The following charges apply each Biling Perioc:fto all Firm Powr
and Energy delivere to Monsanto under this Agrement:
Charges effctive January 1,2012:
Firm Energ Charg: 28.515 mills ,per kilowatthours of Firm ,Energy
Customer Charge: $1,465.00 per Billng Period
Firm Bemand Charge: $1-4;70 per kWofFinnPowr
Charges efctive January 1,. 2013:
Firm Energy Charge: 30.870 mils per kilowatt hours of Firm Energy
Customer Charge: $1,586.00 per Billng Period
Firm Demand Charge: $15.91 perkW of Firm Powr
4.1.2 The following charges apply each Billng Period to all Interrptble
Power and, Energy delivere to Monsanto under this Agreement.
Charges effctive January 1, 2012:
Interrptible Energy Charge: 28.515 mills per kilowatt hours of Inteptiple
Energ
Interruptible Demand Charge: $5.18perkW oflntêrrptibIePower,basec:fon
Deman Charge of $14.70 les Interrptible Creit of $9.52.
Charges efcte January 1, 2013:
Interrptble Energy Charg: 30.870 mills per kilowatt hours of Interrptible
Energ
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Interrptible Demand Charge: $5.62 per kW of InterrptiblePower,basêdon Firm
Demand Charge of $15.91 les Intrrptible Crêit
of $10.29
4.1.3 Repllç§ment Energy Prj~: The followng Replacement Energy
Charges apply for each Economic Curtilment Hour in the Billng Period:
Adjuste Index Price multiplied by Replacement Energy.
Monthly Replacement Energy Charges shall equal the sum of hourly
Replacement Energy Charges ,for the, Billing Peri. An example showng the
calculation of the Adjusted Index Price for certin Ecoomic Curtilment Hours urier
certin stated assumptions is set forth In Exhibit B.
4.1.4 Power Factor: The price setforth in this Agrement are preicated
upon the electc power supplied to Monsanto being taken at a nominal power fa
0.95 or higher at all times, corrponding to a kilovar demand of 33 kilova per 1001(
of Demand. Monsanto shall pay Rocky Mountain Power the folloWing charges'per
month for each kilovar of Average Kilovar Demand in excess of 33 kiloval' per 100, kW
of Measured Demand:
Charge effectve January 1, 2012: $0.89 per month
Charge efctive January 1, 2013: $0.96 per month
Average Kilovar Demand shall be,the average of the Dally Kilovar
Demands for that Billng Peri. Dally Kilovar Demand means, as to any, d
kllovar demand measured during the 15.mlnut interval corresponding to the 15-mlnute
interval during which Monsanto's Measure Demand occurs for th Billng Period which
includes tht day.
4.1.5 Power and energy delivered under this Agrement shall be
recorded by appropriate meterng device as installed and described in Secton 7. All
billng statement for power and energ shall show the amount due for the type ari
quantit of powr and energy purchased ari charged in accance wi this
Agrement. Total charges for the Biling Period shall be the sum of the charges for Firm
Power and Energ, Interrptible Powr and Energ and Replacent Energy, and
charges for power factr pursuant to section 4.1.4. The biling statement shall als
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inclutfe details onr,all Interruptons andcurlllmentsforthe Billing · Period,
following information:
. Type of interrption or curtilment
. Date
. Beinningand end time
. Duration
· Megawatt interrupted or curtiled by Monsanto
· Year-to-atetotal hours of each ty of interrption or curtilment
· Replacement Energ purchased, Index Price and AajustedlnQxPriÇ!
4.1.6 All payments to Rocky Mountain Power under this AgreErTent shail
be delivere by wire transfer as follows wihin thirt (30) days of the date of the invoice.
4.2 Billing Disputes. In the event that all ora portonofMonsanto'sbill,or,of
any other claim or adjustment arising hereunder, is disputed, Monsanto will pay the
undisputed . porton of the bill when due. At the time ..ofth, payment, Monsanto shall
provide Rock MQuntin Power with a wrn explanation of any disputed portion
wiheld ("Monsanto Notice of Biling Disput,. Monsanto and Rocky Mountain Power
shall seek to make a determination on any disputed amount wihin six (60) days after
issuance ,of Monsanto's Notice of Billing Dispute. If itisdeterrlnedth.tthedisputed
porton is due Rocky Mountain Power, Monsanto shall pay such to Rocky Mountain
Power within 15 days following such determination, togeter wit inte,ret from the date
the bil was originally due at the rate then specifed in the Elecric Service Regulations
or, if no rate is specifed, the then effctiv prime rate as establishe by the Morgan
Guaranty Trust Bank of New York.
4.3 Deposit. If at any time either Part becmes ' aware of information
rearding the other. Part which It believes'will substntiaRyimpairtheotherPart's
abilit to perfrm it obligations under this Agreement, such Part may reues
assurance of performance in wring from the other Part. If suCh assuraric: are not
satisfactory to the reuesting Part, aftr consultation wih the other Part, ,the
reuesting Part may petiion the Commission for appropriate protecons · including . but
not Iirnitedto a financial deposit, guarantee orJetter of creit.
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Secton 5. InterrptlW. or CydallmentQRto",
Monsanto.agl'toprovide · Rocky Mountain'Powr witheJolloWingthre
interruptible or curtilmentoptions in the amount and In accrdance with the terms,and
conditons of Exhibits A and' B,.' Operating Reserves, and System Interi and Economic
Curtilment.
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section Ii OperaOl,nd. Maintenance
6.1 Ljs¿nses. Monsanto hereby licenses to Roc Mountain Power for it uSe
in connecion wih this Agreement and during the term of this Agreement, resonably
sufcient space in Monsanto's 138kV substaon to be used solely by Roc Mountain
Powr's metering equipment, static capaciors, not to exce 30,000 kilovars, and
assciated facilities necary or usefl for Rock Mountain Power'sprovision()f
elec service to Monsanto, consistnt, wih Prudent Elecrical Practce, which licenSe
shall include reasonable rights of ingress and'egres neeesaryfor Rockyfyountain
Power's exercise of such license. In the exercise of this license andtheirrights,.Rock
Mountain Power shall, acting consistent with Prudent Eleccal Practces,' not interfere
wi the operations ofMonsanto,shall,scheculeand cordinate its activities to avoid
such interfrence "and shall'.åbide by Monsanto'slfety reuirements.
6.2 Monsanto',s.....1§a.'kVSuPstatjQÐ...,.,....Monsanto..'shaIIQe...~~on~i~,!~/~~.tI
operation and maintenance of it, ow tacUiti,es and eqUi~rTentwihinMonsantoJs138¡k"
substation. Any equipment supplied by Rock MountainPowershallrenainthe
propert of Rocky Mountain Power and shall be maintained by Rock MountainPow.
6.3 OperatioÐ of Monsanto Elec!ì1 Facilities.
6.3.1 In order to minimize the hazards to bot Rock Mountain Powr's
and Monsanto's elecrical systems, proteiv devices, circuit breakers and oter
Monsanto ..Elecrical. Facil~its'.I~terc()nneced. Wrth'..R()~.~~~~~in'.'pov~r...~.~,~.ld..~
operated by qualified Monsanto personnel onlyuponpriornotifC'tlon. to,an~;~~iPtof
permission from, Rock Mountain, Powr's SCC Region Dirspatcher"exceptarsiprQVied
in Paragraph ,6.4 hereof. Rocky Mountin Powr's Dispatêhershall honor Monsanto's
verbal reuests for permission to operate Monsanto's protecive devicasåndother
Monsanto Electrical Facilities if such operation wil not, in the opinion of Rocky Mountain
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Powr, impair such'facilltes and the reliable'operation of Rocky Mountain Power's
elecrical system or impair service to other Retail Customers of Rock Mountain Power;
prQvided, that Monsanto may operate Monsanto's circit breakers and other Monsanto
Electrical Facilities witout prior notifcaion when Monsanto deems it necessary to
protect persons or propert at it Plant. In such event, Monsanto shall assume full and
sole liabilit for injury or damages to persons or propert atthe Plant reultin from,such
operation of the circuit brekers or other Monsanto Eleccal Facilities.
6.3.2 Monsanto currentl provides potential and currnt transformers for
use in connecion with it own relaying and metering operations and Rocky Mountain
Power may use such transformers to any reasonable extent for Rocky Mountain
Power's metering, relaying, and communication requirements. Should Monsanto's
potential and currnt transformers not met Rocky Mountain Power's, requirements,
Monsanto shall install any potential and currnt trnsformers required by Roc
Mountain Power that are supplied by Rocky Mountain Powr.
6.3.3 Rocky Mountain Power may opera the circuit breakers
Monsanto's interconnecions to accmmodate operation of Roc Mountain Power's
and Monsanto's systems in a manner consistent wi Prudent Electcal Practice;
provided, that, except as provided in Paragraph 6.4, Rocky Mountain Power shall noif
Monsanto prior to operating such circuit breakers and shall keep Monsanto informed as
to th operating staus of such breakers.
6.3.4 Upon notice to Monsanto, Rock Mountain Powrshall have
resonable accs to Monsanto's substaion control building(s). Rock Mountain Power
personnel shall comply with all health, safty, and confidentialit rules, regulations aoo
practices that Monsanto has provided to Roc Mountain Power.
6.3.5 Any failure of the Monsanto Electcal Facilitie to operate
adequately or properly shall not subject Rock Mountain Power to labilit to Monsanto
for any resulting loss or damages, or consequential damages of any kind, and
Monsanto hereby releases Roc Mountain Powr frm any such liabilit.
6.4 Emergency Conditons. In the event of an emergency resultng In danger
to persons or propert, or potential danger to Monsanto's and/or Rock Mountain
Power's systems, either Roc Mountain Powr or Monsanto may open their respecte
12
circit breakers wiout notice to the other Part. Whenever posible, the Partes shall
noti the other Part prior to opening any such devic, and notifcation shall be made
as soon as possible aftr the device has been opened. When correcte actons have
bee completed, Roc Mountain Power shall restore servlc upon receivng notice and
being satisfied that all necsary corrctions have been made.
6.5 Relay. Rocky Mountain Powr may provide and install on Monsanto's
relay panel under-fruency relays for the purpose of trpping Monsanto's powr circit
breakers at such under-fruencies as may be specifie by Rocky Mountain Power in
accordance with Prudent Electrical Practices.
6.6 Maintenance of Monsanto Eletrcal Facillies.
6.6.1 Monsanto shall be solely resnsible for the opration and
maintenance of the Monsanto Electcal Facilites. Monsanto shall inspect the
Monsant Electcal Facilites on a reularl scheduled basis and maintain them in safe
opeting condition.
6.6.2 Rocky Mountain Power may, but is notreulre to, Inspe the
Monsanto Electrical Facilites during resonable business hours and if, In the sole
judgment of Roc Mountain Power, the ' Monsanto Electrical Facilitlê are not
maintained in sae operating conditon, thereby creating a hazard to persons or proper
or to the operaion of Rocky Mountain Powr's system, Rocky Mountain Power shall
notif Monsanto promptly stating the reuire maintenance, replacement, or repair
necessary to put the Monsanto Electrical Facilities in safe operating conditon and
specifing a reasonable period In which to make repair. Such Inspecions shall be
performed by a person or persons that have been certed as safety trained. Rock
Mountain Power will advise Monsanto of the names and tile of persons to be admitted
to the Monsanto site. Monsanto shall make such or equivalent repairs, replacement or
maintenance wihin a reasonable time. In the event specifed corrctiv proceure are
not completed as reuired by the notice, Rock Mountain Power may, witout further
notice to Monsanto, discontinue service to Monsanto. In the event Rock Mountain
Power discontinues service under this Section, Roc Mountain Powr shall not be
liable to Monsanto for any reulting loss or damage, including, but not limit to, los
prof or consequential damages of any kind, and Monsanto hereby releases Roc
13
Mountain Power from any such liabilit. The provisions of this Section for the
retoration of safe operating conditions are notsubjec to the remeiation proceure of
Section 3. 70f this Agrèment.
Secon 7: Mtdng
7.1 Rgç Mountajn: Power Qbljgatns. RocMountalnpówershalliJ,ro"ide,
maintain, and test meters and metering equipment require forpurpsesofsetlemerit
hereunder. except any potential transformers and currnt transformers owned by
Monsanto under Secton 6.3.2. Metrs, metering equipment and measureent shall ,be
iocaed. at the .polntofDelivery.. MainterianceandPeriodlctestlrl~procedt~~~
respect, to meters and.,metering.,equipment . shall bein.~~rca~ce.'lhi~~n~QlI~
accepted practce and the rules and standards est~n~hElbytllE!~O~rY~lon.ln
additon to Rock, Mountain Powtsperiodlctests, sPecialtetssllll!bElrrlc:
reuested by Monsanto, which spei~rtests shall beeonducted atttexperisecof
Monsanto. Monsanto shall furnish wihout charge reasonable incidentl service,suêh
as removal of tapes and chart, and shall communicate to Rock Mountain Power the
meter readings necessary for operation. ROCkyMountainp~tsdes~~atedaQ~nts
shal'.','have ,.accs to. such metering".eq,uipm~nt:"at all...,re,~S(pa~detJ~,..,.~.~~).~haldi,~,~
permitd to install and operae frm time to time anytestingeqlJipmentn~ecln
connection, with operations or settlements hereunder.
7.2 Qbligatons. If eiter Monsanto or Rock MountainPowrprovidesêhêêk.;
metring equlpment, information wih respect to reistrations theref wil be proVided.
7.3 Meter Testing. Represntaties of Rocky Mountain Powr and Monsanto
may be prent at all routine or special tests of meers and metering equipment and
upon ocsions when any rea~ings,aretaenfor purpose ofset,ements.
7.4 Adjustrentsto' Bills. 'If, at any test of anymeteror:meterll'gequipmnt,
an Inaccuracy is disclosed exceing tw: percent, the accunt for servce theretofore
supplied shall be adjusted to correct for such inaccuracy for a period of 90 days prior to
the date of such test, or for the period during which such inaccracy may be determiri
to have'8xisted, whiohever:period'is'the shorter. Should'anymetrat'anytimefailto
reister, or should the registrion be so errtic as to be nieaningless,thequantities
14
shall be determined from Rock Mountain Power's check meters or otherwe from the
best available data.
7.5 Ielemmunicatins Facilijies. Upon Rocky Mountain Powr's reuest,
Monsanto shall maintain a dedicated telephone line for meter reading purposes without
charge to Roc Mountain Power. Monsanto shall pay all recurrng charges related to
line operation.
S.cton Ii Forc MaJ!
Neitr ROCky. Mountain. 'power.'..n()r..Møn~nt()'~.~.ald,...b~...,SUbj~ct)~).~~
damages for inabilit to provide or receive service to theextentthltsuchJållUres
due to causes beyond the control of either Rocky Mountain PoWêtorMonsanto,
including, but not Umitto the following: (a) the opration and efct of any rules,
reulations and orders promulgated by any commision, municipalit, or gøvernmental
agency of the Unit States,orsubdlvslonthreof (so long as the claiming ,. Part has
not applied for or assisted in the application for, andhasopposec where and to the
extent reasonable, such government acton); (b) retraining order, injunction or similar
decre of any court; (c) war; (d) explosion; (e) fire; (f) major brekage or failure of
equipment: (g) floo; (h) earthquake; (i) act of God; 0) saótge;or(k)strikesor
boycott (such events constituting a "Force Majeure,. Should a Forc Majeure occr,
the Part claiming Forc Majeure shall have no liabilit for penormance during the
period of Force Majeure; provided, the Part claiming Force Majeure shallmakeevery
reasonable attmpt to remedy the cause theref as dilgently and expeditiously as
possible.
'"tlon ~Real,'ofPow.r
Elecric power and energy delivered,to and'purchased by Monsanto pursant to
this Agreement may not be resold direct or indirect by Monsanto to any persn or
entit.
15
Secon 10¡ Lz111!1Iltv
10.1 Liabilil. Each Part hereto (the "liabilitcausing Pa II defend,
iriemnif and hold harmles the other Part from aOOagainst any liabilit, damage,
loss, co and expnse, including but not limited to attrneys' fe, on accunt of
injury to or death of persons including, but not limited to, Monsanto's employees and
Rocky Mountain Powets employee, or damage to propert to the extent caused by or
arising frm the neligent act or omissions of the liabilit causing Part.
10.2 L,lmjtjon of Liability, Rock Mountain Powr shall endeavor at all times
to provide steady and ,continuous service to Monsanto and shall makereasonable
efrt to prevent irregularies and Interrptions. Rock Mountain Power shall use it
best efort to notif Monsanto prior to or, In any event, immediately afr an interrption
or irrgularity in order that Monsanto may attmpt to mitigate it damages reulting
therefrom. If due to causes beyond the control of Rocky Mountin Powr the supply Of
eleccit is irregular, defecive, or fails, Rock Mountain Power shall not be liable for
any physical damages, economic losses, costs or damages reultng therefrom,
including but not limited to special, indirect, incidental, conseuential, punitive, or
exemplary damages.
Sectn 11 i SUCCraand Aylana
Neither Rock Mountain Powr nor Monsanto shall assign this Agrement
without th wrtten consent of the other Part, which consent shall not be unresonably
withheld, except Monsanto may assign this Agrement wihout any such consent to the
acquirer of the majori of the value of the Plant, provided that Monsanto as assignor
shall continue to guarantee the perfrmance by the assignee of the Monsanto
obligations under this Agrement and further provided that Rock Mountain Powe may
assign this Agreement wiout any such consent to an entit that acquire the majorit
of the value Of Rock Mountain Powets facilities. in which event Rock Mountain Powr
as assignor, shall guarantee the assigne's perfrmance of Roc Mountain Powts
obligations. Any assignee or succssr Of Monsanto shall, remain subjec to such
assignee's or succssots qualifcation as a customer under Rock Mountain Powets
policies aOO Electric Service Regulations, and shall be bound by this Agreement, the
16
Electc Service Regulations, and assume the obligations of Monsanto frm the date of
assignment. If assigned with such consent, this Agrement shall Inure to the benef
and be binding upon the assignee, it agents and assigns; provided, that nothing herein
shall prevent either Part frm assigning this Agreement to it parent corpo on or to
its survor in connection with a corprate reorganization, provided that such assignee is
solvent and is able to mee it obligations herunder.
Setion 12; Jurl!lçtlpn ofRJulitorv AutorilJ
12.1 RegulatorvAuthori. ThlsAgrement is, subjeçttdtheapPI'"alof the
Commission.
12.2 Elecc Service RegulatiQnl. The Elecric Servce Regulations are
incorporated herein and made a part of the Agreement. Once the Commission
approves the Agreement, the provisions of the Agrement shall take preceence over
any conflictng provisions of Rocky Mountain Power's Electrical, Servic Regulations.
The Partes ackowlege and agree that they are familar wih such.existing regulations
and agree to abide by them and all amendments and changes thereto so approvedby
the Commission. In the event thattheCQmmissiQnoranyotherstate, federal, or
municipal authority having jurisdiction issues any rules, reulations, Qr oraers that
require RockyMountainPowrtoaitr or amend any of the terms and conditions of this
Agreement or to terminate or curtil the delivery of power and energ to Monsanto,
neither Part shall be liable for damages or losses of any kind whatsoever which the
other Part may sustin asa result of such rule, reulation or order, .Including
consequential damages.
Section ,,1li. Bemedjl!
Each Part may exercise any or all Qf it rights and remedies under this
Agrement, the applicable Electric Service Regulations and under any applicable laws,
rules and regulatons. No provision of this Agrement or, the Electric Servce
Regulations shall..bedeemed to' havebeenwaivedunle'sUch waiveriisin,WPing
signed by the wåiVngPârt. Nofailûfeby any Partlôinšisl9Pônthstrct
performance of any provision ofthis Agreement, the Electc Servce Regulatlons or to
17
exercise any right or remedy consequent upon a breach thereof, shall constitte a
waiver of any such breach of such provision or of any other provision. No waiver of any
provision of this Agrement or the Electric Service Regula. s shall be deemed a
waivr of any other provision of this Agrement, the Ele nc Service Regulations or a
waiver of such provision with respect to any subseuent breach, unles exprely
provided in wring.
Section 14: Rep...ntatlvø andH2UC!
For the purposes of this Agrement, any notices required to be, given hereundêr
shall be sent postage prepaid, by reistere or certifed mail, return reipt reuested
(or alterately by facsimile or any other method acoptable by both Partie) to the
Parties at the respecive addresse below and shall be deemed to have been given
when' reived .as.,evidenced by ,the appropriate receipt veriing.,deliver:
RepresentativEt ofMoiinto:
Plant Manager
Monsanto Company
P.O. Box 816
Soa Springs, Idaho 83276
Tel: [phone], ex 201
Fax: [phone]
Vice. President - Procurement
Monsanto Company
800 N. Lindbergh Blvd.
St. 'Louis,MO 63167
Tel: [phone]
Fax: [phone]
Reprentatives of Rocky Mountain Power:
General Counsl
PacifCorp
201 S,Maln, Suit 2400
Salt Lake Cit, UT 84111
Fax [phone]
Wrth."a,eoyto:
Direor, Contract Administrtion
18
PaciCorp
825 NE Multnomah, Suite 600
Portand, OR 97232
Fax: [phone]
This notice reuirement does not apply to reular and ordinary busines and operation
communications between the Partes' employees.
'.eUpD 11: (n.r ConblÐl
This Agrement constitut and contains the entire, Agrement of the Partes
hereto and superes any and all prior negotiations, correpondence, understanding,
and agrements between the. Parties repecting th subject herein. ThisAgrement
may not be moifed,altred, or changed in any manner whatsoever except pursuant to
the expres provisions af this Agrement or by writn agreeenfl.twntheiF-al'Ï!
hereo, subject to Commision approval.
S.RUpn 1§: Gpv.mlng Law; Jyrlldlcton¡ Yen",
All provisions of this Agrement and the rights and obligations of the Parties shall
in all casesbe govemedby and construed in accrdance wih the law of the State of
Idaho applicable to contract executd in and to be whollyperfrmed In Jdahoby
persnsdórniciled In the Stte of Idaho. Each Partherètoilgi's thatany suit, actión
or procing seeking to enforce any provision of, oribasedonanyrnatterlriing óutof
or in connecon with, this Agreement, the ElectricSerVCêRegUlatk)Qsxórthe
transactions contemplated hereby or thereby, may only be brought before the
Commission, the Federal court located within the State of Idaho, or stae court of the
State of Idaho, and each Part hereby consents to the exclusiv jurisdiction af such
forums (and of the appellate courts therefrom) in any such suit, action or proeding.
;.t
!
I
IJ
S.ellpn 17: Attm.y~.F..
If any suit or acton arising out afor reiated to this Agrementorthé)Electric
Service Regulations is brought by any Part, the,prevailingPartshalFbeentitledto
recover the costs and fees (including, wihout limition, reasonableattomeys' fee, the
19
'1
fes and costs of expert and' consultants, copying, courier and telecmmunication
cots, and depoition \ cOlts and all other costs ofdiscovery) incurrd by
such ,suitor acton, including, wihout limittion,. any post-trial
in the collection or enforcment of any judgment or award
or action.
'.ctlon 18: çooperaon
18.1 Whenever this Agreent reuires that one, Part comply wi the .rules,
reulations, standards orreuiremel'ts of the other Part, the Partes agree to
cooperate wi each oter in reuesting and providing such rules, regulations,
standards or reuirements on a tirnly basis.
18.2 In order to facilitte the economic rnanagement ófRociM()untain
Powts.'.whOlesale ,powr transactons ,.neceary...to....carr...()ut.,this.Ag~ernent,'"
Monsanto agre to inform Rocky Mountain Powr In a timelymannerofplannèd
furnace outages and of the expected retumof furnace to service.
Secton 1li~ .
The following Exibit are atched to and incorprate Into this Agrement by
reference:
ExhibitA: Operating Reserves and System Integri Interruption Options
Exhibit B: Economic Curtilment Option
Sectlon 2Q: HHdlnas!rencH
The descriptive headings contained in this Agreement are included for reference
only and shall not affect in anyway the meaning orinterpretation of,thisAgreent.
References in this Agrement to Sections are to. Sectons of this Agrementunle
otherwse stated or evident frm th context.
20
S.etignl1 i ConattuctionofAarMtnê"t
This Agrement was draftd as a Joint effort
construed against one Partover the other in the event of a
meaning.
Section 22: CguntelJr\
This Agreement may be executed as'one instrment signed
may be executed . in separate counterpart. Each ,separate counterpart. is
onginal.
IN WITNESS WHEREOF', the Parties have caused this Agrement to be
executed by their. authorized ..offcers.,'or · representaties as". of the date 'firsthel"einai:ve
wnttn.
PACIFICORP
DBA Rocky Mountain Power MONSANTO COMPANYBv:
Pierr Courduroux
Senior VP and CFO
By ~je
President
21
~l;lmJ 'IA"
OPERATING RESERVE
AND SYSTEM INTEGRITY INTERRUPTION OPTIONS
This Operating Reserve and SyStem Intgri Interuption Options, Exibit A, Is
part of the Electc Servce Agrement ' betn Roc Mountain Power and. Monsanto
Company, efctive as of January 1, 2012, (the "Agremen, and is subjec to the
terms and .,conditions of the Agreement.
1. Denitions
Capitlized terms use in this exibit A shall have the meanings specied beow
or as contained in the Agreement:
1.1 Operating Resrve means a speifc amount of electrical. resourc that aU
control areas must have available at all times to ensure the reliable operaon of the
Interconnected electrical sytem pUfluant toWECC guidelines andlnclUd~
interrptible 10fl~i~StlnOn-SPinningfo~."C)f~nti~ge~~.~~~~~ngR~~~es'
1.2 Sysem Integri means the, abilit of RockYMOtintainPQV~selectriç
generation or transmission system to continue ,to oprateafa highdeg~e ofreliai)ilit
and at voltage levels consistent wih Prudent Electrical Practice.
2. Operating Reservelnterruptiona
Rock Mountain Powr recnizes that each of Monsanto's electcphosphoru~
furnaces opera,atdiferentelectcal ratu. . Upon telephone notifÇltionbyßÇ)ck
Mountain Power for Operang Resrvesinterrption, Monsanto Will iñterrptiwitirilIic
minutes.it.availablefurnace load as defned.below, subject to the terms of this Exhibit
A. At thetimeofthenotifcation,Monsanto'soperatorshaIHnformR()c: Mountain
Power's dispatcher of the amount of service it will be interrpting.
2.1 Operating Resrve interrptions shall have priori over Ecoomic
Curtilment. If any of Monsanto's furnace are not in operation, in orderfof ROckY
Moul'tåirlP6wrtO. rèil'tliabilittocallforOperating ReSerVes,
considere aVEiilable for Economic. Curtilment during. that time.
2.2 Curtailments for Operang Reserve wil be as follow depending, upon
. furnace availabilit (i.e., operation) at the time of noticaion:
2.2.1 If three fumace are operang, Monsanto will curtail 95, MW.
2.2.2 If two furnace are operating and the third is notopera~ng,duet()
maintnance or overhaul,.' MonsantowlU curtil a rninimur1 Of ,95 f..
2.2.3 If two furnace are oprating and the third isn9toperarigduet()
Monsanto,.not buying through during an EconomicCurtilmenf(pursu8riHo
Secton 5 of Exhibit B), Monsanto will curtil one furnace. The furnace so
curtiled will be the largest operating furnace.
2.2.4 If two furnaces are operating. and the third Is also operating due to
Monsanto'buying through during an Economic Curtilment pursuant to Secton ,5
of exhibit B, Monsantowillcurtll95MW.
2.2.5 If only one Monsanto fumace is operating,MonsantoVlll,rcurtil
such fumace.
2.3 The interrupte service shall be restore at the earlier of (1) notice frm
Rock, Mountain Powets dispather, or, (2) the top of the send hour followng the
Operating Resrve interruption, provided that no interrption shall exced one hundred
and twnty (120) minuts. For example" if the Operating Resrve interrption begins at
1:45 am, the interrpte service shall be restored no later than 3:00 am. AsaSÐcond
example, if the Operaing Reserve interruption begins at 1:00 am,theinterrpted
servce shall be restored no later than 3:00 am., As a third example, ifthe,operatirig
reerve event begins at 1:10am, the interrpted service shall be restore no later than
3:00am.
3. System Integrity Interruptions
Rocky Mountain ,Power may request.System Integri Interruptions 'of upt0162
MW if the System Integri Interrption is voltage related and upt095MWlfth System
Integrityinterrption is caused bya Double Contingency Event. ADoubleCoritingene
Event shall mean. the. forc. outge of two or more Rocky Mountain Power generating
units totaling 500 MW or more of capacit. To qualif as a Double Contingency Eventi
two or more forc outges totaing 500 MW or more of capacit must occur within 48
hours of each othr and must overlap for at least one hour. Once a Double
Contingency Event beins, Rocky Mountain Powr may request System Interi
Interrptons at any time during the next 48 hours. Aftr 48 hours after a Double
Contingency Event beins, Roc Mountain Power may no longer reuest System
Integrit Interrptons in, reponse to' that specic Double Contingency ,Event. "Monsanto
will interrpt it available furnace load accrdingly upon telephone notifcaion. Under
emergency conditions, such interrption may occur wiout advance notice to
Monsanto. Otherwse, Rocky Mountain Powr shall give Monsanto not les than two'(2)
hours notice of the potential for intrrption fo System Interi purposes and advance
notice when such interrption will end.
3.1 System Integri Interrptions shall be available to Rocky Mountain Power
all hours of every day, and have priori over any other interrption or curtilment option
implemented' at that time.
3.2 The interrpted service shall be retore when no longer neeed to
maintain System Interi.
3.3 A Sytem Integri Interrption shall not relieve , Monsanto of any hours
under any other interrption or curtilment option. (For example, if a two-hour System
Integnty Interrption occrs during a fie-hour Economic Curtilment, Monsanto will be
considere to have been ecnomically curtailed for only thre hours, but the Economic
Curtilment shall end at the time stated in the Curtilment Notice.)
3.4 A,System Integri Interruption in response to a Double Contingency Event
shall last no longer than two consutve hours in any 48 hour period.
4. Purpose of Interrption
Rocky Mountain Power may direct such interrptions at any time it concludes, in
it sole discretion, that Roc Mountain Power nees to utlize the Operating Resrves
or System Integnt Interrption, subje to th terms of the Agrement and this Exhibit
A.
6. ,.',' Nuraberoflriterrptions
5.1 The maximumnuniber ofOperâtingResrve InterTptiom~thâtR()Ck
Mountin Power may dire shall be:
(1) One hundreeighty..ight (188) hours per calendar year
(2) Twenty-five (25) interrptions for each calendar month
(3) Four (4) interrptions in any four (4) hour period
(4) Up to two (2) hours per interrption
5.2 The maxmum, numberofSytêmJntegriinterrpti~~~that.~~
Mountain Power may dire shall be twlve (12) hourspercalendaryear. Durati()naf
any.System Integri, interruption can be longer than one hQur.
5.3 Any interrption'pursuant to this Agrement including all exhibit shall
count asa minimum of one (1) hour. Any Operating Reserv interrption that lasts
longer than one (1) hour but shortr than two (2) hours shall count as two (2) hours.
Any Operating Resrve interrption that lasts two (2) hours shall count as two (2) hours.
6., Op'ranaßervuNonp.rfrmance.
6.1 If,for any reason other thanal\definecUnsection 80fthi~,Exhibit,A
(Communication of Maintenance Scheduling) i Monsanto fails to comply Wi a request
frm Rock Mountain Power to interrptload for Operating Reserves as specifed in this
Exhibit A, Rocky Mountin Powr shall have the following remedies:
6.1.1 Monsanto shall pay Rocky Mountain Powras damages the amount
of $150,000 for each occurrence, which the Partes agree is a reasonable
estimate of the damages expcted to be incurrd byreåson of such
nonperfrmance.
6.1.2 Rocky Mountin Power may requestthat Monsant provide
assurances ,in. wring. that Monsanto will in the fuure comply with reuests to
interrpt load for Operang Reserves as specifed in this ExibitA,includingaiiY
actons "Monsanto will. take to, remedy the cause Of'such failure. to comply.
6.1.3 In the eventof a second failure by Monsanto to interrupt load for
Operating Resrves as specifed 'in this Exhibit A, 'Rocky Mountain powr may
petition th Commission for appropriate relie:.
6.2 If, for any reason Roc Mountain Power require Monsanto to interrpt
load for Operang Reserves under circumstance not permited in this Exhibit A, and
Monsanto coplies wih such reues, Monsanto shall have the followng remedies:
6.2.1 Rôcky Mountin Powr shall pay Monsanto as damages the
amount of $150,000 for each occurrence, which thePlirtleslgreill
reasonable' estimate.o1 the damages.ex¡éctèd' to be
'. incurred ,.byreas()natsiich
load interrpton.
6.2.2 Monsanto may reuest that Roc Mountain Power provide
assurance in wrng that Rocky Mountain Powr will in the futre comply wi
the reuirements for intrrpting load for Operaing Reserves as specifed in this
Exhibit A, including, any actons Rock Mountain Power will take to remedy the
cause of such failure to coply.
6.2.3 In the evenfOf a secondfailurebyRockyMouñtaiñP()erto
eomplywih the, reuirements forinterrptingloadforOperatingR.eserves
specied in ,this Exhibit A,' Monsanto may . petion the Commission
relief.
6.3 The remedies provided In this Section 6 for the specifed failure to comply
with. Operating Reserves reuiremets of this exhibit A are the sole ,andexclusive
remedies for such nonperformance.
7. MaIntenance of Dedicated Telephone Line
Monsanto and Rocky Mountain Power shall maintain a dedicated telephone line
at their own cost in their respecive control roms. This line shall be solely dedicated for
communications betwn Monsanto furnace operaors and Rocky Mountain Power
dispatchers. Each part shall have an autorized employee available at all times to
immedialy respond to telephone notice of interrption or curtailment ofoperatlons.
8. Communication of Maintenance Scheduling
8.1 Roc Mountain Power acknOWedges that the relectric , phosphorus
furnaces at Monsanto will be removed frm service from time, to time during the Term/of
this Agrement for maintenance and overhauls. As provided for in Section 8 of exhibit,
6
B, Monsanto wil submit to Rock Mourrin Power expec maintenance scheules
and delays, as well as inform Rocky Mountain Powrdispltçhersbytelephonèwil
follow-up fa prior to retoring electcal power to a furnacesf'rsuchadélay.
8.2 If Monsanto has unavailable furnace due to malntenlnce oro"'rhlul,
and an interrption is called for either Operating Reserv or Systemlntegri,Mól'slnto
will not reumeoperaion of the unavailable fumacesuntil the earlier of: 1 )noticefrorn
Rocky Mountain Power dispatcher or, 2) sixt, (60) minutes afer the notication by
Monsanto to resume servce.
9. Communication
Notwstanding the minimum notice reuirements se fort in this Exhibit,the
partes will use best effrts to provide each other with as much notice as possible of
interption .,.orcurtilment of operations.
Rocky .Mountain .po\Yr..and.....Monsanto....~hall.iuts..,..an..,..agreed-~pon. ~~en
communication script to use during thetel~Phone .n()~çefroRoc~()untain~~ts
dispatcher requesting such interrption of,èlecrial service forOperangResrv.
The agreed-upon scrpt may be updatd frm time to time by wrttn mutual
consent by both partes.
10. Contacts
Monsanto operator:
Plant: (direct line)
Fax: [phone]
Rocky Mountain Power dispatch (Real-time desk):
Phone: [phone]
Fax: [phone]
EXIBI "I:
Economic Curtilment Qptgn
This Economic Curtailment Option, Exhibit B, is a part of the Electc Servce
Agrement between Rocky Mountin Power and Monsanto Company, effctive as of
January 1, 2012, (the "Agrementj, and is subjec to the terms and conditions of the
Agreement.
1. Definitons
Capitalized terms used in this Exhibit B shall have the meanings specified below
or as contained in the Agrement:
1.1 Adjuste Ingex Price means the Index Price for a given Day time the
applicable hourl shaping factor se fort in Exibit ß.1 for each Economic Curtailment
Hour. The hourly scalars shall be review annually and if substantial changes occr,
the scalars may be revise and updated per mutal agreement.
1.2 Eoonomic Curtailment means'an interrption of elecc service to
Monsanto's Plant made by Rocky Mountain' Power in it sole discretion in, aocordance
wih this Exhibit B.
1.3 Economic Curtilment Capaçii means the 67 MW electc load available
for Ecoomic Curtilment under this Exhibit B.
1.4 Eonomiç Curtilment Hours means the hours chosen by, Rooky Mountain
Power for Economic Curtailment during each Day.
1.5 Economic Curtilment NQliçg means the notice of curtilment provided to
Monsanto by Rock Mountin Power in accordance wih Section 4 of this Exhibit B.
1.6 EonQmic Curtilment RespQnse means Monsnto's reponse in
accrdance wi Secton 5 of this Exhibit B to an Ecoomic Curtilment Notce.
1.7 Index Price means the average price for a given Day as speifed for the
identifed Intcontinental Exchange ("ICE") Day-Ahead index. During those hours that
more than 67 MW of Rock Mountain Power merohants firm transmission rihts (Nort
1
Page 2
basis. by comparing Rocy Mouritalneowr'ssc~edule(:I.usage, asoftJebeg1riri óti
each Economic Curtilment Hour, against firm PathCrightsavallabletQRoCk
Mountain Powr's mercant function for that hour, Morisanto will pay Roc Mouritain
Powr based on the lower of the appropriate (on-peak or off-peak) ICE Mid-Columbia or
Palo Verde Index Price for firm power each Monday through Sunday.
For those hours that less than 67 MW of Roc Mountain Power merchantsfirm
Path C transmision rihts (north to S9uth)on eatCare available, asdeteniinedon
an ,after-the..flCt.,basisbyco."paring RocMountain.,Ptn~ssçbedl.'eØ usage ,agllrist
firm Path C rights available to Rocky MountainPowets mercaritfunctionJorthathour,
Monsanto will pay Rocky Mountain Powrbas on the appropriate (on-peak or off-
peak) ICE Palo Verde Index Price for firm power; provided, however, that th Palo
Verde Index Price, rather than the lowr of the Palo Verde or Mid-Columbia Index Price,
shall be paid only to the extent such transmission rihts are constrained'on a schedule
basis for each Economic Curtilment Hour. For example, if during an hour for which
Monsanto has eleCted to buy through 67 MW, only 30MWofsuchtrnsniissiónrights
are available, Monslnto wil pay based on the lowerofthe/Palo Verde orlVid-ÇollJnibll
Ind"x Price fór 30MWsiof the Replaceent Energy deliV8l'forthafhour, and will
pay based on the Palo Verde Index Price for the remaining Replacement Eriergyfortht
hour.
If separate on-peak and of-peak ICE indics are not reported for any Day during
the Term, the ICE indice for the most recent preceing Day (i.e., Saturday for Sunday)
shall be use to set the Index Price for the Day on which, separate on-peak and off-Peak
ICE indiC8are not reported.
If the ICE indice ior any replacemenfofeitertheMid-Columbia'orPaloVerde
index ceses to be reported during the Term, or ceases to be an accrate and reliable
index for the types of transactons currently covered, the Parties shall mutually agree
upon a substantially equivalent index that, afr anYiippropriateornecessary
adjustments, provides the most reasonable substitute for, the index in qUestion; Neiter
Rocky,Mountain".Power..nor Monsanto,' shalliunreasonablyWihhold, .conditonórdêlây
agrement to such an index.
Page 3
1.8 Path C means th partcular high voltge transmission corrdor comprised
of the Borah-Ben Lomond 345 kV, Brady- Tresureon 230 kV, Goshen-Grace 161 kV
and Amerin Falls-Malad 138 kV lines, located In nortrn Utah and southern Idaho.
In accrdance wih the WECC crri for rating paths, its trnsfer capabilty is based 'on
a simultneus loss ofbóth the Borah-Ben Lomond 345 kVand the Brady-Treasureton
230 kV lines, which share common right-of-wy for approximately 50 miles.' The
amounts of Path C (Nort to South) firm and non-firm transfer capabilit that Rocky
Mountain Power's transmission functon, has availabl for sale is listed on Rocky
Mountain Power's'OASIS web site at ..htt://w.oasis.RockMountainPower.com..
under the path name of WIIPPWIPATHC-PACElf. The Parties acknowledge that the
Information supplied on Rocky Mountain Powr's OASIS web site mayor may not be
indicative of Rocky Mountain Power merchant's actual Path C (Nort to South) firm right
schedule at the beginning of any Economic Curtilment Hour, and Roc Mountain
Powr shall not be liable in any manner wih respec to any curtilment' or buy-through
decisions of Monsanto hereunder based on such Path C information.
1.9 Replacement Energy means the energy for any Economic Curtilment
Hour that Monsanto elec to buy through rathr than physiclly curtailng its 67 MW
electc phosphorous furnace load.
During such hours that Monsanto does not physically curtil it electric
phosphorous furnace load, Replacement Energy shall be deemed to be 67 MW per
Economic Curtilment Hour. During Economic CurtUment Hours that, notce is provied
pursuant to Section 5 below that Monsanto intends to physically curtil elecric
phosphorous furnace load, Replacement Energy shall be deemed to equal 67, MWh
'. per
Economic Curtilment Hour less: (a) 67 MW per Economic Curtilment Hour if furnace
#9 is identied for furnace curtilment, or (b) 49 MW per Economic Curtilment Hour if
furnace #8 is identied for furnace curtilment, or (c) 46 MWh per Economic Curtilment
Hour if furnace #7 is identifed for furnace curtilment.
Page 4
2. Amount of Economic Curtilment
2.1 Monsanto agre to supply Rock Mountain Powr 67 MW of Econ
Curtilment up to a maxmum of 800 hours per calendar year, upon not les than 0
(2) hours of fax notice, confrmed by telephone notice.
2.2 If any of Monsanto's furnace are not in operation, In order for Rock
Mountain Power to rein the ability to call for Operating Reservs, no furnace shall be
considere available for Economic Curtilment during that time.
3. Purpoaeof Curtilment
Rock Mountain Power may direct an Econol1ic Cu rtilment at anytirne, subjêc
to the terms of Exhibit A and this ExhibitB.
4. Curtilment of Monsanto
4.1 Rock Mountain Power may exercise it right to,EconomicCurtilment,
upon not less than tw (2) hours of fa notice frm Rocky Mountin powr's dispatcher
to Monsanto's control operator at(208) 547-1197, with prompt confirmation by
telephone notice through Monsanto's direc line, requesting curtilment of eleric
service for economic purposes and providing the amount and duration, start and end
time. Such fax notice shall utilize the form of curtilment notice attched hereto as
Exhibit B-2. If at the time of the telephone notice Monsanto has not reived the fax
notice, the notice of curtilment shall be deemed given by telephone. ""rtisuahnqtic:,
Rock Mountain Power wil provide to Monsanto Information rearding Rocky Mountain
Power's estimate of what Dow Jones may publish for the Index Price, prior to any
adjustments as provided for herein, for the day associated with such period of
curtilment. Such information will be base on market information reasonably known by
Rocky Mountain Powr's dispatchers at the time with repe to the Index Price, but
Rock Mountain Power shall not be bound by such information and will not be liable in
any manner for the accracy of such information oranydifrencsl)tweensuc;h
estimates and the actal Index Price.
4.2 If Rock l\oul"tain POw, hashl"otreceived,'noticefrom.. Monsanto'., in
accrdance wih Secion 5 below in response to an Economic Curtilment Notice,
Pag 5
Rocky Mountain Power will use reasonable effort to contact Monsanto by telephone,
not less than one hour prior to the time the designate Economic Curtailment is to
commence; provided, however, that In no event shall failure by Rocky Mountain Powr
to make such contact relieve Monsanto of Its obiigation, to pay Replacement Energ
Charges for the Economic Curtailment Hours designated In Rocky Mountain Powr's
Economic Curtilment Notice. Furter, if notwthstanding Rock Mountain Powr's
attempts to provide notce to Monsanto pursuant to Section 4.1 above, and through no
fault of Rocky Mountain Power, Monsanto doe not receive an Economic Curtilment
Notice, Monsanto shall neverteles pay Replacement Energy Charges for the
Economic Curtilment Hours designated in such notice.
4.3 Monsanto shall take acton as neeed to curtil the electcal supply to up
to 67 MW of it electric phosphorus furnce load at th deignated curtilment time.
The curtiled servce shall be restored at the end of the duratin of the Economic
Curtilment.
5. Buy-Through Replacement Energy
5.1 Monsanto shall have the option to buy-through Economic Curtilment by
paying Rocky Mountain Powr for Replacement Energ costs at the Adjusted Index
Price.
5.2 Monsanto may exercise it right to buy-through an Economic Curtilment,
in whle or part, by fax notice to Rock Mountain Power's dispatcher at [phone],
wih prompt confnnation by telephone notice at [phone] (or alternatively, 503-
813-5389), reuesting such buy-through at any time up to one (1) hour prior to the time
the designate Economic Curtilment Is to commence. Regardles of whether
Monsanto eles to buy through, it shall provide Rock Mountain Power an Economic
Curtilment Response by fax and telephone to Roc Mountain Powr's dispatcher, no
later than one (1) hour prior to the time the designated Economic Curtailment is to
commence, stating the amount that Monsanto will curtil, the elecic phoshorous
furnace that Monsanto plans to curtil (if any), and the amount of Replacement Energy
that Monsanto elect to buy through.
Page 5
If Monsanto has curtile load in accrdance with an Economic Curtilment
Notice, it may thereafr elect to buy-through a porton of the Economic Curtilment
period by providing fa notice not les than one (1) hour prior to the hour it desire to
commence the buy-through. Monsanto shall pay for Replaceent, Energ for any
amounts not curtiled pursuanUo an Economic CurtHrnnt Notice from Roc
Mountain Powr. If Monsanto curtils load in accrdance wih an Economic Curtilment
Notice from Rocky Mountain Powr, but fails to provide an Economic Curtilment
Response as reuired herein, Monsanto shall pay Rocky Mountain Power an amount
equivalent to what would be due for Replacement Energy as though it had elect to
buy through the Curtilment Hours for the entire 57 MW, but only for those Curtilment
Hours for which Monsanto had not provided an Ecoomic Curtilment Response at
least one hour In advance.
5.3 At all ties, all furnace shall remain subjec to Sysem Integrit
Interrption. and Monsanto shall not be obligated to pay for, nor entile to recive,
Replacement Energy during a period of Sysem Integri interrption, all of tteforegoing
in accordance wi applicble IPUC Orders.
5.4 All Economic Curtilment Notice and Economic Curtilment Response
to be provided under this Section 5 shall utilze the form of notice attched hereto as
Exhibit B-2.
6. Economic Curtilment Nonperfrmance
If Monsanto doe not fully comply wih an Economic Curtilment Notice in
accrdance with this Exhibit B, Monsanto shall pay for Replaceent Energ for those
Curtailment Hours of noncompliance as speced in Secion 4.1.3 of the Agreement and
this Exhibit B.
7. Maintenance of Deicatad Telephone Line and Fax Facilties
7.1 Monsanto and Rocky Mountain Power shall maintain a dedicated
telephone line at theirown cost in their respecive control rooms. This line shall be
solely dedicaed for communications betwn Monsanto furnace operaors and Rock
Mountain Power dispatchers. Each part shall have an authorized employee available
Page 7
at all times to immeiately resond to curtilment notices or curtilment of operations.
Each part shall also maintain at their ow cost fax facilities, with a telephone line
dedicated for the fa facilties, necessary for transmiting and reivng fax notice as
required herein. While Rocky Mountain Power acknowledges that as of the date of this
agreement Monsanto does not have in place a telephone line dedicaed for such fax
facilites, Monsanto shall wi due diligence obtain the installation of such a line and
proper operation of the fa facilities as soon as possible. If such fax facilites cannot be
made to function properl within thre months, the partes will work ,in gOo faith to
achieve an alternative means of notice.
7.2 The fa requirements under this agreement shall bein once the fa line to
be installed by Monsanto is functioning properl.
8. Communication of Sehedul..
8.1 Rocky Mountain Power acknowledges that the electric phosphorus
furnace at Monsanto wil be removed frm service from time to time during the term of
this Agreement for maintenance and overhauls. Monsanto wil submit to Rock
Mountain Power on the first business day of the month or as soon thereafr as
practicable, by fax, expected maintenance schedules and delays, if any, expec
during the following calendar month, including scheduled time of curtilment, duration,
and elecrical load of corrponding fumace. Monsanto shall provide such schedule
using the bes information reasonably available, but it is understoo that they WILL rèect
only an estimate and, therefore, shall not be binding on Monsanto. Further, the failure
to provide such scheduling information shall not preclude Monsanto frm taking
furnace out of servce for maintenance. Monsanto WILL also inform Rock Mountain
Power by telephone or fax prior to restoring electrical power to a furnace afr such a
delay.
8.2 In order to enable Monsanto to anticipate possible curtilment, to plan
furnace, operations and make buy-through decisions in,accrdance herewih, ,Rock
Mountain Power shall submit to Monsanto on the first day of eachcalendärmonth, or as
soon therefter as practcable, by fax, a scheule showing the estimated time,
durations and total hours of economic curtilments, if any, expected during the following
Page 8
calendar month. Rocky Mountain, Power shall prepare such schedule using the be
information reasonably available, but It Is understoodthat,itshall reect only an esmate
of expected conditons and, therefore, shall not be binding upon Rock Mountain Powr.
Further, the failure to provide such scheduling information shall not prelude Rock
Mountain Powr frm implementing Economic Curtilment.
9. Reportng
Simultneous with Rock Mountain'Powr's monthly invoice to ,Monsanto for
powe and energ purchasè, Rock Mountain Powr shall provide Monsanto with a
report detailng all interrptions and curtilments during the previous month, including
the followng information:
1) Type of interrption or curtilment (system emergency or integri, operating
reserves, or Economic Curtilment)
2) Date
3) Beginning and end time
4) Duration
5) Megawatt interrpted or curtiled
6) Year-to-date total hours of each tye of interrption or curtilment
7) Buy through charges, rate, sourc and energ purchased
10. Audit
Monsanto reserves the right to perfrm audit of records of Roc Mountain
Powr related to the Replaceent Energ price and,volurn charged to Monsanto
hereunder, including reords rearding constraints on Path C affing such price.
Rock Mountain Power wil allow Monsanto reasonable accss to such records at
mutually agred upon times. Neither part shall be reponsible for any expnses
incurr by the other part associated with such audits.
Page 9
exhibit B-1
Hourly Shaping Factors
Monday - Friday
Jan Feb Ma Ap May Jun Jul Aug set OC Nov De
HR0100 0.90 0.90 0.90 0.94 0.92 0.88 0.95 0.93 0.92 0.96 0.90 0.88 '"
HR0200 0.88 0.86 0.85 0.84 0.87 0.77 0.86 0.87 0.86 0.88 0.87 0.82
HR0300 0.85 0.87 0.84 0.82 0.83 0.75 0.77 0.83 0.81 0.85 0.84 0.81
HR040 0.89 0.88 0.84 0.83 0.80 0.70 0.75 0.82 0.79 0.85 0.87 0.85
HROSOO 1.02 0.99 0.89 0.89 0.83 0.73 0.80 0.84 0.83 0.89 1.01 0.93
HRO 1.23 1.18 1.07 1.06 0.95 0.80 0.88 0.94 0.98 1.03 1.25 1.16
HR0700 1.11 1.06 0.97 0.91 0.73 0.55 0.62 0.71 0.75 0.83 0.95 1.01
HR0800 1.09 1.06 1.00 0.99 0.87 0.71 0.72 0.79 0.81 0.92 0.97 1.03."
HR09 1.06 1.03 0.97 0.98 0.89 0.77 0.77 0.84 0.85 0.93 0.98 0.98
HR1000 1.01 0.99 0.98 0.99 0.93 0.84 0.83 0.89 0.91 0.95 0.95 0.95
HR11 00 0.98 0.98 0.99 1.00 0.98 0.94 0.93 0.94 0.95 0.97 0.92 0.93
HR1200 0.96 0.97 0.98 1.00 1.05 0.98 0.98 0.99 0.98 1.00 0.95 0.90
HR1300 0.93 0.95 0.96 1.03 1.10 1.12 1.09 1.06 1.03 1.04 0.97 0.85
HR1400 0.90 0.94 0.99 1.03 1.14 1.15 1.18 1.12 1.09 1.06 0.98 0.86
""
HR1600 0.89 0.92 0.99 1.02 1.13 1.19 1.23 1.16 1.13 1.06 0.96 0.84
HR1600 0.90 0.90 0.96 1.02 1.13 1.26 1.25 1.19 1.17 1.05 1.00 0.87
HR1700 0.97 0.94 0.96 1.01 1.10 1.26 1.26 1.20 1.16 1.05 1.10 1.05
HR1800 1.14 1.07 0.99 1.01 1.07 1.17 1.20 1.16 1.13 1.05 1.18 1.21
HR190 1.13 1.15 1.08 1.01 1.01 1.09 1.14 1.09 1.08 1.09 1.17 1.19
"
HR2 1.09 1.10 1.11 1.08 1.01 1.06 1.07 1.04 1.05 1.07 1.07 1.13
HR2100 1.02 1.05 1.05 1.08 1.05 1.02 1.01 1.01 1.00 1.01 1.02 1.07
HR200 0.95 0.97 0.95 0.98 0.97 0.97 0.96 0.93 0.93 0.95 0.94 1.01
HR20 1.14 1.14 1.19 1.22 1.41 1.48 1.29 1.25 1.19 1.26 1.20 1.21
HR2 "".,,1.00 0.98'1.05 1.06 1.18 1.23 1.12 1.15 1.09 1.14 1.03 1.06
Page 10
Saturday
Ian Feb Mar Apr Ma 11 lui Aug Se Oc Nov De
HR0100 0.94 1.00 1.01 0.92 0.93 0.82 0.87 0.94 0.94 1.03 0.96 1.04
HR0200 0.88 0.90 0.96 0.90 0.84 0.79 0.80 0.90 0.91 0.98 0.90 '0.93
HR0300 0.91 0.90 0.91 0.81 0.86 0.77 0.75 0;88 0.87 0.94 ~El.,'
HR00 0.88 0.85 0.93 0.80 0.82 0.73 0.73 0.90 0.82 0.90 0.88
HROIO 0.92 0.93 0.92 0.79 0.79 0.68 0.75 0.85 0.79 0.92 0.91 0.95.',',.
HR0600 0.95 0.98 0.99 0.84 0.83 0.73 0.78 0.83 0.78 0.94 0.98 1.01
HR0700 0.87 0.87 0.82 0.77 0.67 0.53 0.51 0.57 0.62 0.77 0.84 0.93
HROSOO 0.94 0.95 0.91 0.84 0.81 0.55 0.61 0.66 0.66 0.80 0.86 1.01
HR09 0.96 1.00 0.97 0.92 0.83 0.70 0.74 0.76 0.72 0.87 0.93 1.02',".
,...
HR1000 0.92 0.99 1.02 0.93 0.92 0.78 0.80 0.82 0.84 0.92 0.95 1.04
HR1100 0.96 0.97 1.03 0.97 0.88 0.94 0.84 0.93 0.95 0.99 0.95 0.98
HR1200 0.94 0.94 1.00 0.96 0.93 1.00 0.92 0.99 0.99 0.98 0.90 0.99
HR1300 0.91 0.93 1.01 0.98 0.96 1.12 0.97 1.03 1.08 1.04 0.89 0.96
HR1400 0.89 0.89 1.01 0.95 0.99 1.11 1.03 1.04 1.16 1.03 0.90 0.92
HR1500 0.84 0.86 1.02 0.94 0.97 1.16 1.07 .1.10 1.14 1.07 0.92 0.91',.
HR1600 0.87 0.89 1.02 0.92 1.00 1.19 1.15 1.11 1.16 1.06 0.92 0.93.,d/
HR1700 1.01 0.95 1.03 0.92 1.03 1.24 1.19 1.13 1.16 1.12.,1.03 1.09
HR1800 1.08 1.08 1.07 0.96 1.05 1.18 1.09 1.07 1.13 1.01 1.16 1.13
HR1900 1.12 1.11 1.13 0.98 1.00 1.13 1.03 1.03 1.11 1.12 1.11 1.19
HR2 1.08 1.07 1.17 1.05 1.01 1.09 0.97 1.00 1.10 1.04 1.05 1.13
HR2100 1.01 1.05 1.13 1.12 1.05 1.01 0.92 1.00 1.06 0.99 1.00 1.11
HR200 0.95 0.99 1.04 1.04 1.03 0.95 0.88 0.96 1.00 0.95 0.97 1.07
HR2300 1.02 1.09 1.17 1.10 1.32 1.26 1.17 1.15 1.13 1.10 1.10"1.23
HR20 1.02 1.00 1.03 0.90 1.10 1.15 1.12 1.01 1.06 0.99 1.03 1.09
Sunday
Page 11
Jan Feb Ma Apr May Jun lul Aug Sep OC Nov De
HR0100 0.86 0.98 0.95 0.92 0.78 0.82 0.86 0.92 0.89 0.92 0.89 0.89
HR020 0.85 0.91 0.87 0.86 0.71 0.83 0.84 0.87 0.85 0.91 0.78 0.86
HR030 0.81 0.88 0.84 0.84 0.74 0.75 0.81 0.83 0.80 0.88 0.77 0.83,
HR04 0.79 0.88 0.88 0.82 0.69 0.75 0.76 0.80 0.77 0.82 ' 0.78,0.88
HROS 0.82 0.93 0.87 0.84 0.72 0.71 0.75 0.80 0.74 0.85 0.81 0.92
HR060 0.88 1.01 0.93 0.87 0.77 0.63 0.78 0.80 0.76 0.86 0.90 0.90
HR0700 0.91 1.06 0.91 0.87 0.73 0.62 0.67 0.72 0.77 0.87 0.89 0.93
, HR08 0.97 1.04 0.97 0.91 0.79 0.78 0.75 0.78 0.83 0.87 0.93 0.96
HR0800 1.05 1.07 0.98 0.93 0.92 0.86 0.90 0.93 0.87 0.95 1.00 1.01
HR1000 1.04 1.10 1.07 1.05 1.05 1.04 1.04 1.06 1.06 0.99 1.05 1.05
HR11 00 1.07 1.08 1.12 1.09 1.08 1.20 1.08 1.18 1.17 1.05 1.05 1.04
HR1200 1.06 1.07 1.16 1.18 1.20 1.25 1.23 1.25 1.19 1.08 1.06 1.02
I"",..'"
HR1300 0.99 1.04 1.13 1.16 1.17 1.45 1.34 1.30 1.24 1.11 1.05 0.98
HR1400 0.94 1.04 1.12 1.13 1.23 1.58 1.41 1.32 1.31 1.14 1.03 0.94
HR1500 0.96 1.00 1.09 1.16 1.22 1.62 1.45 1.41 1~36 1.10 1.05 0.93
HR1800 0.96 0.99 1.11 1.23 1.28 1.71 1.51 1.40 1.43 1.14 1.07 0.97
'"
HR1700 1.17 1.05 1.16 1.25 1.32 1.72 1.52 1.46 1.42 1.20 1.19 1.16
HR1800 1.32 1.24 1.22 1.24 1.35 1.75 1.52 1.42 1.36 1.21 1.35 1.39'.,'
HR1900 1.37 1.32 1.40 1.34 1.31 1.67 1.44 1.41 1.35 1.30 1.34 1.40
HR2000 1.28 1.29 1.50 1.49 1.33 1.59 1.35 1.36 1.38 1.30 1.25 1.37
HR2100 1.30 1.24 1.41 1.53 1.47 1.66 1.35 1.32 1.31 1.23 1.19 1.28
HR200 1.23 1.18 1.29 1.35 1.35 1.48 1.26 1.26 1.21 1.16 1.13 1.21
HR200 1.05 1.04 1.19 1.13 1.16 1.31 1.09 1.10 1.18 1.08 1.00 1.08
HR2 0.95 0.92 0.96 0.98 0.97 1.04 0.99 0.96 1.05 1.06 0.88 0.93
Pag 12
exibit B-2
Economic Curtilment Noti and Respose
ROKY MONTNN POW NOCE;
To: Monsanto Fax [phone]
813.5512
Voice: Direct Line
IONSTO RESPONSE;
To: Roc Mountain Power Fax 503.
Voice: 503-13-5374
(altematly, 503-13-5389)
Date:Dat:
Time:
(MonthyNear)
(Mountain Prevailng Time)
Time:
(MontyNear)
(Mountain Preilng Tim)
Ecoc Curtlm NQt: Rocky Mountin Power notce must be givn no latr
thin two (2) hours prior to the Curtllm.nt Hour(s)
during the Day.
Ecomic CUllJt RlI: Monnt ..pons. must be provided no latr thin
one (1) hour frm the time stmp on the Notce.
I Day:
Month Day I Vear I
Each Curtilment Hour la on. (11 hour In duration.
Rocky Moul'ln Powr's Economic Monsnto's Economic
Curtllm.nt Notce Curtllm.nt R_DOns
Strt of Economic Curtllm.nt HourCurtllmen.'.
Mountain Prevaling Indlc "X"Esma Replacme PhforHourty Totl(Monsnto)Curtilment Pri Energy Curt ent MWTimeHour$lH f.f.
1:30AM +a 67
2:30AM +=67
3:30AM +=67
4:30AM +a 67
5:30AM +=67
6:30AM +=67
7:30AM +ii 67
8:30AM +a 67
9:30AM +=67
10:30 AM +=67
11:30 AM +=67
12:30 PM +=67
1:30 PM +=67
2:30PM +=67
3:30PM +.67
4:30 PM +=67
5:30PM +=67
6:30PM +=67
7:30PM +=67
Page 13
8:30PM
9:30PM
10:30 PM
11:30 PM
12:30 AM
+
+
+
+